Regular Meeting

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[15] SPEAKER_38: Gutierrez. Member Nguyen? Member Nguyen? Here. Member Grundahl.

[32] SPEAKER_18: Here.

[34] SPEAKER_38: Member Hill.

[35] SPEAKER_18: Here.

[36] SPEAKER_38: And President Zhang.

[37] SPEAKER_31: Here.

[39] SPEAKER_38: All present.

[41] SPEAKER_31: Next approval of the agenda. I move that we approve the agenda for the special meeting. May I get a second?

[52] Aiden Hill: I second.

[53] Jodi Croce: I'll second.

[55] SPEAKER_31: Seconded by Member Hill. Member Glendale, how do you vote?

[61] SPEAKER_18: Yes.

[62] SPEAKER_31: Member Hill? Yes. Member Nguyen?

[66] Jodi Croce: Yes.

[68] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. Before we move into the closed sessions, we'll be discussing item 3.1, conference with legal counsel, anticipated litigation, significant exposure to litigation pursuant to paragraph to the subdivision deal of section 5496.91 case. And we have, I believe we have public comment for this item. Ms. Gutierrez, please welcome our public commenter.

[105] SPEAKER_38: Yes, thank you. We have Ms. Cindy Parks and just confirm, yes, she is present. So, okay, Ms. Parks, you may begin.

[116] Maria Huffer: Good evening. In this special meeting, you are dealing with a cease and desist concerning a Brown Act violation. While posting the agenda for this item, the district home page doesn't properly notice the community about this meeting under current agendas. It is listed under recent news. This isn't the first time you've added a special meeting prior to a regular meeting. It was done in April 15th of 2021 meeting. You might think this seems petty, but the Brown Act is the foundation of transparency. The public expects the board, a governmental body, to act responsibly and adhere to the law. not having the time to go into detail, I have witnessed several violations or ill-informed comments made by those who should know the requirements. If you truly wish to cease these violations, all of those who interact with the Brown Act committees need intense training because whatever training they have previously received is not been comprehensive enough, which has led to you having this agenda item. Thank you.

[184] SPEAKER_31: Thank you. And we'll recess to closed session and come back for the next item. I'll see you in a bit.

[2498] Bowen Zhang: So it's just me and you, Aiden.

[2551] Aiden Hill: So I didn't get a text, Terry, so I don't know. And I don't see an email. Do you see anything?

[2560] Bowen Zhang: No. About what?

[2563] SPEAKER_38: Hello, board members. Hello, board members. We are coming back live, but can you please mute yourselves in the meantime? OK. We are live.

[2571] SPEAKER_31: Great. OK, so we're back from closed session. The next item on the agenda is action item 4.1, approval of Brown Act commitment. The board has received a cease and desist letter alleging that past action of the board violates the Brown Act. In order to avoid unnecessary litigation and without admitting any violation of the Brown Act pursuant to government code, section 54960.2C1, the board may adopt the unconditional commitment attached to this agenda item. There's no fiscal implication associated with this agenda item. staff recommends that the board approve the Brown Act commitment pursuant to government code section 54960.2C1 and provide notification in response to the cease and desist letter. So I move to approve the unconditional commitment pursuant to government code section 54960.2C1 and to provide notification of the commitment in response to the cease and desist letter. May I get a second?

[2636] SPEAKER_29: I second.

[2637] SPEAKER_31: Seconded by Member Nguyen. Member Guendon, how do you vote?

[2645] Elisa Martinez: You're on mute.

[2649] Bowen Zhang: I have concerns about this because one point about the superintendent's reports, although legal staff has indicated it doesn't, the Brown Act is not required for that. I do think it's good practice, and I would like to see that going forward. But however, I'm going to be supporting this motion because it's the appropriate action to take for the district. But that's the reason I have some reservations, but I'm going to be supporting it.

[2682] Aiden Hill: Member Hill? Yeah, I'm in agreement with Member Grindel that even though based on discussion with legal counsel, technically point one is not It isn't a clear violation of the Brown Act. I think that we want to investigate how we can make our reports more transparent going forward. And so we're going to work on that. But I'm in support of the overall motion that President Jones puts together.

[2717] SPEAKER_29: Member Nguyen. I approve.

[2721] SPEAKER_31: My vote is yes as well. Motion passed unanimously was four ayes. will be adjourned and immediately after this, we'll start our regular meeting for the day. So, see you in a bit. Okay, so I guess we're briefly back to start our regular meeting. So, well, good evening everyone again.

[2810] SPEAKER_38: Welcome to the- President Zhang, I apologize for the interruption. If you just want to wait a couple minutes so we can wait for the other members.

[2820] SPEAKER_31: Okay, I see.

[2821] SPEAKER_38: They briefly logged out.

[2822] SPEAKER_31: Okay. Still waiting for Member Hill.

[2886] SPEAKER_38: Member John, we do have quorum. You may begin if you'd like.

[2890] SPEAKER_31: OK. Good evening, again, everybody. Welcome to the regular meeting of Newark Unified School Board of Education on August 5th. And meeting is called to order at 6.19 PM. Ms. Gutierrez, roll call, please.

[2913] SPEAKER_38: Yes, President Deng. I'll begin with President, I mean, sorry, Vice President Nguyen.

[2918] Cary Knoop: Here.

[2920] SPEAKER_38: Trustee Grindle.

[2922] SPEAKER_18: Here.

[2924] SPEAKER_38: President Zhang?

[2925] SPEAKER_31: Here.

[2926] SPEAKER_38: I just got a notification that Trustee Hill joined us at close, so he is present.

[2937] SPEAKER_31: Okay, so good. Next approval of agenda. May I get a motion to approve the agenda as it is or any modifications? I'll move approval as it is. Oh, sorry. Okay, Superintendent Triplett.

[2950] Terrence Grindall: Sorry, President Zheng. Good evening, everyone. We would like to suggest a couple of amendments and our Chief Business Officer, Ms. Dela Cruz, will speak to those.

[2962] Marie dela Cruz: Thank you, Dr. Triplett. President Zheng, if we could please make an amendment to consent item 15.11 for the contracted therapy travelers The amendment is the budget source should be the expanded learning opportunity grant on that one. And then for item 15.22 and 15.23, the ATX learning contracts, the budget source should be special education.

[3001] SPEAKER_31: Okay, so 15.11, budget sources, expanded learning opportunity grant, and the 15.22 and 23, the budget source, instead of the expanded learning opportunity grant, it should be special education. Correct. Okay. I move that we approve the agenda with the modified budget source for item 15.11, 15.22, and 15.23. May I get a second? A second. Seconded by Member Grundahl. Member Grundahl, how do you vote?

[3035] SPEAKER_18: Yes.

[3036] SPEAKER_31: Member Hill? Oh, I guess Member Hill is in the closed session. Member Nguyen? Yes. My vote is yes as well. Motion carries with three ayes. Member Hill is absent, I mean, in the closed session. Okay, next we'll be moving into closed session. In closed session, we'll be discussing item 3.2, Public Employee Discipline Dismissal Release, 3.3, Conference with Labor Negotiator, Employee Organization NTA and CSCA, 3.4, Conference with Labor Negotiator, Employee Group NEWMA, Unrepresented Supervisor, and Contracted Management Superintendent. 3.5, conference with legal counsel, anticipated litigation. 3.6, conference with legal counsel, existing litigation. I will be back to open session after this. Any public commenter on our closed session item? Ms. Gutierrez?

[3097] SPEAKER_38: One second, President Zhang. If I may confirm, I just need to check if you allow me a brief minute. I believe we have all we might, but I just want to make sure that I did not. That I did not confuse that one second. That is a confusion that was regarding the special session. So there is no public comment on closed session.

[3146] SPEAKER_31: Okay. Thank you. So we'll be going to a closed session. We'll see you in a bit.

[3185] SPEAKER_18: Hello, this is Terrence.

[3216] Bowen Zhang: They're coming now. I'm sure.

[3220] SPEAKER_18: Were we supposed to be in the other meeting? Yes.

[3226] Bowen Zhang: You missed a riveting vote. You missed a riveting vote on the agenda.

[3233] Aiden Hill: Okay.

[3237] SPEAKER_18: I thought we already approved the agenda.

[7108] SPEAKER_41: It's just you

[7349] Jodi Croce: Can you pick?

[7388] SPEAKER_38: President Zhang, we're ready whenever you are.

[7390] SPEAKER_31: Okay. Let's see. Still waiting for Member Grindel.

[7426] SPEAKER_18: We'll see. Okay.

[7488] SPEAKER_31: I guess the superintendents step out a little bit, but I guess we can begin. So welcome back to open session. And first item is Pledge of Allegiance. Ms. Gutierrez, can you show us the national banner? And Ms. Catheerine Ingham-Watters has agreed to lead us in the Pledge of Allegiance. And everybody else, please stand up.

[7521] SPEAKER_29: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

[7537] SPEAKER_31: Okay, next is the report of closed session item. In closed session item 3.6, conference with legal counsel existing litigation The board voted unanimously to approve a settlement amount of $20,350 for case number 2021-050215. Again, the board voted unanimously for a settlement amount of $20,350 for case number 2021-050215. So that's report of closed session. Before we move on to the next item, I think I forgot to mention at the beginning of our regular board meeting, as some of you can see that in the board panel, there were only four of us. A former member, Elisa Martinez, has been sworn in as the Ohlone College Board trustee last Wednesday night. And as a result, could no longer serve as a trustee on a newer school board due to the incompatibility of the two offices. And we have an active agenda item later today to discuss the vacancy. Okay. Moving on to employee organizations. Ms. Gutierrez, any representatives?

[7624] SPEAKER_38: Yes. Actually, I'm going to ask for the help of the board members. Can you confirm? I believe you guys had mentioned, I believe the name went out. I think NTA must have logged out, so we can start with CSCA. We can move Ms. Eustace, please. Ms. Eustace, you may begin.

[7667] Cindy Parks: Okay, a little different this time. Can you hear me? Yes. Okay. My name is Sue Eustace and I'm president of the Newark chapter 208. And I'd like to say good evening to the school board as well as Dr. Triplett and the other members that are in attendance from the district. I just like to share with you that This last month, CSCA had its annual conference. And our chapter was able to send two delegates to this conference. And I also was in attendance at this conference as a life member. They had it virtual. It was a different program than last year. And it was a much better program. We were actually able to interact through the whole conference, which was different than last year. So it was definitely an improvement. We elected our officers. We voted on resolutions. We also honored our members of the year. We had a vote on people that were being nominated for honor roll and for life membership. We also had a governmental relations report. We had vendors that we contract with for benefits for our members. We were able to participate with them early in the morning. We also had a fundraiser for member assistance fund A lot of our members have been in the, have lost their houses and different things in the fires. And so this assistant fund helps them to get by in the first month so that they have a place to say they have food and they have clothing. So I think they raised something like $66,000 at this particular event. So I was pretty excited about that. We also had professional growth classes. that you could attend. And some of those classes are really excellent and very, very good for different, they had many of them. They had like over, I think over about 40 of them. We also had an opportunity to vote on the budget for next year. It was also presented. So it was from, July 25th through the 29th. It also had some evening things that were some fun things to do. Some entertainment. So we actually had a really, really good time. But the conference itself, it really makes you understand of how important classified employees are and that they're able to participate and guide the people that work for us. So we were excited and I am every year that I get to go. The second thing I would like to share with you on September 11th, the chapter is going to be putting on a benefit fair. And at this benefit fair there will be two morning professional growth classes and there will be two afternoon in service classes. Yeah, for lunch and for a couple hours in between the end services, we will be having a vendor fair where all the vendors come in. And we also have CVT there so they can explain the different options that our membership has, and they can sign up for whatever medical that they want to be enrolled in. So it's an opportunity for our members to get together. We're hoping we can do it on Zoom. But we're hoping to do it in person this year. If it gets too bad, then we'll do Zoom, but we're going to do the benefit fair. We find it very helpful for our members to make decisions. We also have met with the district August 3rd and 4th in negotiations for reopening in the Juneteenth holiday. We also have another meeting scheduled for August 10th. The only thing I would like to end with my report is hopefully we can get back to in-person meetings. I'm hoping that you're going to do that soon. For me and for other people, yeah, I can handle Zoom, but I think I would feel better if we were in person and had the opportunity to see each other in person. Usually, as many people that are at the school board meetings, it's normally not a lot of people. unless something's really going on. And then maybe it is a few. But I think that we can still distance. And I think that with school starting in person, that it would be helpful to parents and members, other members that are going, including the teachers and the classified that go to these meetings. I would love to see it go back to in person. So We're ready for the new school year and looking forward to it. So thank you very much. That's my report.

[7998] SPEAKER_31: Thank you, Ms. Eustace. And next speaker, please.

[8006] SPEAKER_38: Yes, thank you. Our next speaker is from NTA, and it's Cheri Villa. Hi, Ms. Villa, you may begin.

[8016] SPEAKER_36: Good evening, everybody. First, thank you for changing my name on there. I don't know how to do that yet, but I appreciate that, so thank you. Okay, once again, my name is Cheri Villa, and I am the Executive Director for Elementary for our Newark Teachers Association. I'd like to start out by first acknowledging our NUSD administration for providing our NTA members with information regarding our upcoming PV day for this Monday, August 9th. We made several requests and we were finally today given information, so thank you very much for that. Okay, I do have two things to address for our NTA update today. Let me find my page here. Okay, number one, in regards to the Crossroads Independent Study Program for the upcoming 21-22 school year. Currently, we have two certificated employees that teach our Independent Study Program in Newark Unified School District. The credentials that are held by our two teachers do not allow a full Independent Studies Program grade span of TK-12. Also in regards to class size, student contacts, and credential subject authorization. Not only does this violate our current CBA, but it also exceeds the guidelines and structure within Ed Code. But ultimately, this will not provide the highest level of instruction for student success. While our NTA and NUSD are in the final steps of completing the MOU process for the upcoming NUSD Crossroads Independent Studies Program, for the 21-22 school year. Our NCA looks forward to seeing job descriptions and the posting of the necessary number of jobs before the first day of school in hopes to be fully staffed and ready to go with independent studies in Newark Unified School District. Okay, that's first, second item for discussion. It is the priority, it is priority number one for our NTA to be proactive rather than reactive to minimize exposure of COVID-19, especially now with the Delta variants that have proven to have an effect on even those who are vaccinated. Not only is this imperative to have all, to have a well thought out, effective and consistent COVID-19 testing plan in place for our NT members, rather every NUSD employee should be included in this plan. And especially now because of what current guidance is from the ACOE, it's our responsibility, the health and safety is our responsibility, not only for our teachers and their families, but also for our students and their families and ultimately for the community. It's our responsibility to keep this discussion on the forefront and ongoing in order to be proactive rather than reactive in regards to COVID-19. So with that, let's see. We are, during negotiations for our MOU, we have already, we have brought up the need for a reopening, a reopening MOU, not a reopening, but a safety MOU in place. We do plan to discuss that with NUSD. Once again, NTA is looking forward to these talks with our district. Hopefully we can get these things in place before the first day of school, which is coming up quick. All right, that's all I got. Thank you, stay safe and healthy everybody. And thank you for giving us the time to speak.

[8243] SPEAKER_31: Thank you. I believe that's all the speakers for this item, right? And before we move on to the next item, because I'm glad one of the speakers was talking about the board live audience. So I do get some instruction for the quantity guidelines. So for a live audience meeting, and I anticipate some of our members of our community will show up starting the next board meeting. So based on the current guidelines provided by the CDC, the state and Alameda County, the boardroom will have a capacity of 25 live audiences. Masks will be required inside district buildings regardless of vaccination status. Board meetings will continue to be transmitted via the NUSD YouTube channel and public comment may be provided from your home via Zoom with prior notification, which is currently how we're doing. Instruction on how to make a public comment available on the board docs library. Thank you. Next item, staff spotlight. Superintendent Triplett.

[8303] Terrence Grindall: Thank you, President Jun. Good evening to the board members, staff, and community. And we're delighted to be back here at our first board meeting of 21-22 school year. And we'd like to start with some staff spotlights. During this summer, we've had many, many staff working tirelessly to prepare schools for a safe and healthy reopening. And first and foremost, I want to appreciate all of the custodians who have just done amazing work to prepare schools, get them cleaned, do a lot of the repairs and such at all our schools. And I also want to highlight two particular individuals. If you give me one moment here. So this board session, we wanted to highlight two particular individuals. One is Ms. Nicole Lemus, who is the student development technician. She works in our enrollment department. Nicole has been working tirelessly throughout the summer as well as the spring to receive the enrollment applications, help families with registration, making sure that everyone is, she's doing her very best to make sure everyone is finding the best fit for their child at the best school. She's supported families, supporting all of the district in this really, really tremendous process. So please join me in appreciating Ms. Nicole Lemus. And secondly, I wanted to appreciate principal Jessica Tomasini. She is our new principal of Coyote Hills Elementary. And Ms. Tomasini likewise has been working throughout the year to, throughout the summer, excuse me, to prepare for the merger of Snow and Graham on the Graham campus. She's been working with all her teachers and the custodial staff and the office staff at Coyote Hills and is just put in a tremendous amount of work to ensure that this merger goes well and we are very excited to have the opportunity to be out there today at Coyote Hills, excuse me, I'm missing an S on the Coyote Hills there. Really, really excited to see all of the progress. Teachers are already in their classrooms unpacking, putting their classes together and really want to appreciate Ms. Tomasini for all the support that she's giving her staff and her community in this process. So please join me in appreciating Principal Tomasini. And that is our two staff spotlights for tonight.

[8497] SPEAKER_31: Thank you, Superintendent. Moving forward for public comment on non-agenda items. Ms. Gutierrez, please bring the public commenters.

[8510] SPEAKER_38: Thank you, President Zhang. The first one is going to be Miss Parks.

[8518] Maria Huffer: Good evening. I'm going to ask the questions that's been floating around social media sites and private conversations. Is the district office going to be open to the public, or are the doors going to remain locked? Will the public have to schedule an appointment with staff member, then ring the doorbell to be admitted for that appointment? The city of Newark has opened their government offices with limited hours. Does Newark Unified plan to do the same? Along those same open government lines, my name was noted with several other community members in a CPRA report presented on June 17th. Personally, I have no problem with you and the community knowing how often I request records or what records I request. I don't remember any board member asking whether there has been an increase in requests. If so, is it due to a reduction in previously available reports or is this a matter of trust? Perhaps all of the time spent creating that presentation would have been better spent fulfilling all of the outstanding requests. As of today, three of the five records I requested on May 31st are still outstanding, and there has been no communication on their status since June 18th. I hope I can rely on you, my elected officials, to follow up on my request. Thank you.

[8606] SPEAKER_31: Thank you, Mrs. Parks. Next speaker.

[8612] SPEAKER_38: Yes, the next speaker dialed in. So Mr. Rose, if you could please promote the phone number that you see. And the next speaker is Eric Tam. So just one second while we promote him. Okay, Mr. Tam, you may begin.

[8639] SPEAKER_20: Hello, can you hear me? Okay, thank you. Good evening, board members, Dr. Triplett, and staff. I will be addressing Dr. Triplett's CPRA presentation from June. First, Dr. Triplett, I would agree with you on focusing on NUSD's mission. Let's review. My mission is to empower students in becoming lifelong learners who possess the skills, ethics, and creativity to reach their full potentials as contributing, productive, responsible citizens. Board, I believe you would agree that full potential as contributing productive responsible citizens means teaching our children to understand and follow the laws of the land, including the CTRA. Second, in the letter of the law section, Ms. Lucia, thank you for help providing a crash course. I wanted to highlight an important part. Here's an abbreviated version of 6253C. Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, sees copies of disclosable public records, dot, dot, dot. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or the designee to the person making the request. Setting forth the reasons for the extension, no notice shall specify a date that would result in extension for more than 14 days. Several of my requests, unfortunately, lack the reason for extension, communication about an extension, and have exceeded the 14 days. Third, thank you for the data, Dr. Triplett. Fourth, let's calculate the real cost of supporting CPRA. There were 39 requests submitted with a total person cost of 115 hours. Let's round that up to an easy 120. That means three person weeks. Quick math, September to May is nine months or 36 weeks. If staff is just one person like Ms. Lucia, then three weeks of 36, it's 8.33%. I believe Lucia makes approximately around $100,000. So 8.33% of her cost is $8,330. Third, we can pay Dr. Triplett $4,400 a bonus, but we cannot afford $8,330 to be legally compliant. Fourth, Dr. Triplett, I totally agree with posting all requests online on the website. Each request should be available to see a common KPI in the industry that measures service effectiveness is number of days open for an issue. I recommend using that going forward for all requests. Ford, if you're wondering, the request I've been referencing in my public comments is now at 98 days open. On a personal note, I feel like I have been very cooperative with NUSD. I have waited close to a hundred days, asked for help three times now on these board meetings, yet 40 plus days have passed since my last public comment and I didn't get any help. I feel like NUSD is telling me as a citizen that they are above the law. Board, please help us parents and make a motion to fund the necessary resourcing. Thank you.

[8834] SPEAKER_31: Thank you, Mr. Tan. I believe that says for the public speaking right. Next one will be superintendent report, Dr. Triplett.

[8850] Terrence Grindall: Thank you, President Jin. Let me put up my slide deck here. So this evening, this is the superintendent report for August 5. And I'd like to take the opportunity to share with to share with the board and public some of our preparations for the upcoming school year. We are very excited to be starting back in person on August 12th. And we also are providing a virtual option per requirements from the state. And so I'll talk a little bit about that as well. So I'm gonna share out some slides that public may have seen in some form or another at a town hall. I wanted to make sure that the board was aware of this information as well. And then we have additional information that we'll be sharing tonight. So for the upcoming school year, we are providing two options, like I said, full in-person learning and also an independent study virtual learning opportunity. And these are the two options that are mandated by the state to be providing this year. Last year, if you recall, we had a hybrid option and that option we will not be offering this year. It is not what the state is articulating as what we should be providing. So I'll talk first a little bit about the in-person portion. So number one, this will involve instruction five days per week. It'll be a return to regular in-person full day bell schedules at all grade levels at NUSD schools. And we'll have the standard inclusion of lunch and recess, the outdoor equipment, play structures, playground equipment, et cetera. And there will also be afterschool and extracurricular activities available with updated safety guidelines. I wanted to share with the board and the public. These are the schedules for this upcoming year the different grade levels. So there has been some slight changes. So we wanted to share this out and make sure that the board and the public are aware. We did have a change in the times, the start time at the high school, and therefore that impacted also the junior high. And so part of this is based on the upcoming state law that was passed that secondary students and in particular high school students need to start school a little bit later, and that was based on research that had been done that the older students actually need their benefit from going to school a little bit later than previous. So these are the schedules and you'll notice that the junior high, we intentionally staggered that a little bit before the requirement of the high school for 830. And likewise, the elementary, we tried to stagger that a little bit before the junior high. So if families were dropping off in one place and then had to go to the other school as well, that they would be able to do so without being late for one or the other. So I'll speak a little bit about some of the safety guidelines that we are implementing for this upcoming year. First and foremost, as you've probably heard, It is a requirement this year that we that also at all schools that both adults and students will be wearing masks that's K 12 all school settings and indoors, that is a requirement by the state and. We are able though to allow for break zones outdoors, mask break zones. And so our schools will have more information specifically about how they are doing their break zones, but essentially it would be a supervised area with limited students that are able to be in that space without the mask on. Currently the guidelines do allow for students to not be wearing masks outdoors. We are being extra cautious and saying that masks are required outdoors and that is the policy for all of our surrounding districts as well, but we are providing this opportunity for supervised and structured mask breaks. In terms of physical distancing, so these guidelines have changed. And this is based on the science and what's been reported out and dictated from the California Department of Public Health. Some of this language is actually taken directly from that guidelines and requirements. So recent evidence indicates that in-person instruction can occur safely without minimum physical distancing requirements when other mitigation strategies such as masking are implemented. And so that's what we are intending to do. We will continue to try to physical distance as much as possible, but it is no longer, according to the state, a requirement and there's significant evidence to indicate that masking is a much more important mitigation strategy. We will, of course, continue to reinforce and really practice hand-washing, good hygiene, students and adults avoiding contact with their eyes, nose, mouth, covering coughs and sneezes. And we, of course, will be supplying all of the necessary supplies such as soap, tissues, face covering, hand sanitizers, and other things to ensure that we continue to have healthy hygiene. In terms of nutrition, so the cafeterias will be open. But in addition to the cafeterias, we will be promoting outdoor spaces for eating lunch and snacks, as well as possibly in the classroom. And that's really going to be based on a school-by-school, case-by-case situation, what best fits in terms of safety at each individual school. But we are going to try to utilize as many spaces as possible to then reduce the number of students in the cafeteria at one time. Despite the very low risk of transmission from surfaces and shared objects, we will be continuing to clean and sanitize food areas before and after meals. And in terms of cleaning, so we'll continue to have cleaning, disinfecting of high use surfaces that will occur daily. And we will continue to use the equipment that we had in the spring, use of disinfecting, misting systems at all our schools. Those proved very effective. In terms of airflow and ventilation, we have installed air purifiers with HEPA filters in all our classrooms, offices, and common areas. Frequent changes of HVAC filters will continue. And then we have done some air balancing using some experts who do that. And we're feeling really good that that's maximizing the airflow in our classrooms and other spaces ensuring proper balance of indoor and outdoor air. And then we will continue to practice the quarantine protocols as dictated by the county. We'll continue to do contract tracing. Our NUSD trained COVID liaison will continue to practice that. We had really good protocols in the spring that enabled us to minimize any sort of risk. I'm really proud to say we did have potential exposures, but I can say that we did not have any cases that I'm aware of in the spring where there was an infection of another person on site. So when exposures were identified, all staff did a fantastic job of following the protocols. We did have a couple of situations of quarantining, and then everyone was able to return safely. In terms of vaccinations, as you know, currently ages 12 and up are able to be vaccinated. We want to continue to really encourage vaccination. That's what the state and the country, scientists, doctors say is the number one way that we're going to beat this virus. We have offered many different opportunities for vaccinations. We'll continue to do that this year, and we really want to encourage that. We cannot and are not currently requiring vaccinations. That is not something that was is within our purview, but we do want to really encourage them. So I wanna shift gears a little bit and now talk about the virtual option. So our virtual option, which again has been outlined by the state and in legislation, I believe it's AB 140, if I'm not mistaking that, but we'll see in a minute. So the virtual option is going to be part of the Crossroads program that already exists. And so what's nice is that we already have a system and a structure, and that this, based on the tentative agreement that we just reached with NTA that we're very excited about for independent study, we'll be expanding that for any family who needs or wants to, or excuse me, feels like they cannot yet go back to in-person learning, they have the option to remain virtual. And I'll talk a little bit about that program now. So who is this option for students TK 12 have this option anyone who has health issues or must remain home for health and safety parents who want their students to only participate in remote learning setting and students grade six through 12 who prefer independent learning. And here you see a little bit about, oh, I had it wrong, AB 130, not 140. You see some of the requirements that have been dictated by the state in regard to what we need to provide for independent study. The goals of that program are going to provide a virtual option for families who are unable to attend in-person classes. It must be comparable in rigor to the in-person program, create a sense of connection and community through consistent routines, school practices, and rituals, Our regular contact between teachers and students and leveraging existing instructional approaches to embrace new ways of meeting students age appropriate academic needs at a distance. So we have already had an independent study program, but this is going to be different and the guidelines have changed. And actually the board will see later on tonight, a resolution articulating some of those changes and opportunity for the board to decide if they want to adopt that as a revised version of their current board policy. So the virtual learning grades K six. The requirement is daily synchronous instruction for all students. So that's instruction with an instructor online. Grades seven through eight, a requirement is daily live virtual interaction, and then at least weekly synchronous instruction for all students. We're intending to do more than weekly, but that is the requirement as it pertains to AB 130. And then grades nine through 12, the requirement is at least weekly synchronous instruction for all students throughout the school year. So in elementary, you see this independent study virtual learning opportunity is going to include direct instruction, some time in small groups, and then also opportunities similar to last year for independent or asynchronous time for students to be working and learning. At the secondary level, and I should say both secondary and elementary, all of these will be run by a certificated credentialed NUSD teachers. At the elementary level, those teachers will have a cohort of students And then at the secondary level, they'll also have a cohort of students and the teachers here in the secondary program because the content starts to get much more specific and specialized. These, these teachers will also have the support of a program called ingenuity. And so many districts are using different types of programs like this. Edgenuity has been proven to be one of the most highly respected ones. And so after engaging with our NTA partners and teachers about which one would be the best to choose, this is the one that we landed on. Many of our surrounding districts are also using this. And this is really a support for the NTA NUSD teacher who will be supporting the students in independent study virtual learning in the secondary program. So secondary program, the teacher, we'll call it teacher advisor, will have the following responsibilities, building cohort community through weekly synchronous SEL lessons, documenting daily engagement with academic coursework, providing daily interaction, particularly seventh and eighth grade, monitoring student progress and coursework, Implementing multi-tiered re-engagement strategies as needed, providing regular feedback to students on assignments, and supporting students academically, answering their questions, helping clarify content, supporting instruction, and connecting to support. So the process for families who are interested in the Crossroads Independent Study Virtual Learning option, we are asking that families, we presented this about I want to say two weeks ago, asking families to complete a transfer request form. by tomorrow. That is not a drop dead deadline. So it's the reason that we set this soft deadline is because we really need to know how many families and students are interested in the virtual learning program. Because like was alluded to by our NTA leader, Ms. Villa, the sooner we know how many students that are interested in this program, then the better we can know how to staff it. And so we're asking families could please complete the request form by the 6th tomorrow. But if there's families that need to fill it out afterwards, we understand as well. And this can be found on the website or also at schools. So again, school starts August 12th. Families who are choosing in-person instruction do not need to submit any sort of new application. They are automatically enrolled in their current school. Families interested in Crossroads Independent Study Program, they should submit their request, preferably by August 6. We have, before I move on, we have received a fair amount of applications thus far, although not nearly as many as we might have anticipated. I think at this point we're at approximately, don't quote me on this, but I think we're at approximately 60 to 70 applications TK12. That number changes daily because we continue to get applications, but I believe that's where we're at yesterday. So not an extremely large number, but nonetheless, we want to make sure that we are supporting these families who need this option. Just giving a couple more updates as we prepare for the return to school. So one, you may have noticed at our junior high and high school, we have been putting in the solar panels. This is not a photo of either one of those schools, by the way, but that's something that we, I don't think we're at this point yet where they look like this, but we're looking forward to that happening and being finished soon. At the junior high we've been in the process of repairing and renovating the stairs, and we're really excited about that project we're anticipating that be wrapped up soon. And, and then we have a number of landscaping projects we're finally be able to implement. Thank you to the board for approving all of these projects. And so we're really excited to be getting all of those up and running in our schools. We're currently doing phase one of the landscaping projects and then we're going to be coming back to the board to share about phase two and get the board's approval if the board deems that appropriate. Then in terms of Coyote Hills, I spoke a little bit earlier about Principal Tomasini. The move has happened. It's gone successful, although definitely a lot of work on the part of many, many people. In particular, our custodians at Coyote Hills who have done an absolutely amazing job supporting this whole process. So teachers are currently unpacking boxes and that's moving along. And then lastly, I wanted to share with you about our dual language immersion program. We continue to accept applications for this program from families. We're really excited that we're going to be offering, like I've said before to the board, two cohorts in kindergarten for dual language and two cohorts in first grade. We also are offering one cohort of English only in kindergarten at Schilling and then one cohort in first grade of English only And so we're really excited for this. If you would bear with me, I'm going to just go out and so I can include the sound and I would love to share this video that we have.

[9938] SPEAKER_24: Oops, sorry. Let's see.

[9943] Terrence Grindall: Oh, there we go. So this is a video that we recorded and have been distributing throughout the community to promote the dual language program. So I'm just gonna play this for you.

[9962] SPEAKER_24: One second. Oh, sorry. Hold on. There it is. Okay. There we go.

[9989] Terrence Grindall: Can you all hear that? Okay.

[9992] SPEAKER_07: From the time I was born to the time I started kindergarten, I had only been spoken to in Spanish and I had begun kindergarten in Mexico. A few months later, my father was offered a job opportunity in California. So we packed what we could in our little Chevy gray citation and set off on the 12 hour drive to California. I remember sitting at the edge of my bed crying as my mother tied my shoes every morning before school. I don't want to go to school, I'd whimper. I don't understand what the teacher is saying. I don't know what the other kids are saying. I would go through the whole day without talking to anyone because my siblings were too young to go to school and there were no other kids who spoke Spanish other than me. The teachers I had had good intentions, but they didn't know how to help me since they had not had many EL students at that school. I was fortunate enough that the district hired a native language tutor to help me learn English. Within a year or two, I was proficient enough to not need a tutor anymore. Ms. Mena taught both me and my brother our second language, and we are forever grateful. Had it not been for my parents enforcing the rule of speaking Spanish at home, my siblings and I would have lost our first language. They said, en la escuela hablan ingles, pero aqui en la casa hablan espanol. At school you will speak English, but at home you will speak Spanish. I'm so grateful that they encouraged me to not lose my Spanish because it has opened doors for me in all areas of my life. Many of our students have gone through the same experience that I went through. but not all have had the same outcome. Many of our students become lifelong or long-term English learners and never fully acquire the English language. At the same time, many of our students forget or lose their first language and never fully develop the language skills in their native tongue. Through a dual immersion program, our students would not only be able to learn a second language, but also continue growing in their first language. This is both for English learners and English only students. We would be opening doors for students to be able to communicate effectively with others and to compete in the current job market. As a teacher, it is my hope that no child in Newark will ever feel the way that I felt as I started school in California and that all of our students have an opportunity to be successful in their academic careers. Hi, my name is Elisa Lozada Munoz. I am a third grade teacher here at Schilling Elementary and I'm so excited about dual immersion programs starting next year here at our school.

[10170] Terrence Grindall: All right, and that is the superintendent's report for this evening. That teacher that you saw there, she is one of the BCLAD certified teachers who are helping to implement this new program, and we're really excited. We have the teaching staff has been hired, and we're really excited to be moving forward.

[10193] SPEAKER_31: Thank you, superintendent. Any questions from the board? Seeing none, oh, Member Hill.

[10204] Aiden Hill: Yeah, so thank you, Dr. Triplett. So a couple of questions related to the independent learning program, and then if also we just get a little bit more detail on dual language immersion. But the questions related to the independent, or I'm sorry, the independent learning is, so from what I'm understanding you saying, This entire independent learning program will be run through Crossroads, correct?

[10237] Terrence Grindall: Yes, that's correct. Okay, and then

[10243] Aiden Hill: My understanding of AB 130 is that, I mean, a big part of why it's coming to place, we're in a pandemic, right? So we've got unusual, we still have health issues, risks, et cetera. And we've got to deal with that. We've also got, you know, to deal with the fact that there's, you know, learning loss that's been occurring and how do we reverse that? And so, and my understanding of AB 130 is one of the things that it requires is that We have a plan for showing progress with the students. And so just want to make sure, I mean, so we have something built in where we're establishing baselines, and then we're having a way to measure and see, is this new approach that we're doing, is it working or is it not working? Can you comment on how we're going to do that?

[10293] Terrence Grindall: Yes, thank you, Member Hill. So all of our programs, including the independent study, we have diagnostic tests that are given at the beginning of the year, and then throughout the year, additional testing is given. So we use a program called iReady. that I believe we've spoken to the board about in the past, and that's a platform that helps with assessment. And so at the elementary level, that is what's emphasized. At the upper grade levels, those assessments are given.

[10332] SPEAKER_24: We do use the state assessments, but then we also have... Oh, sorry, I think there's an echo here.

[10341] Terrence Grindall: We also have both through ingenuity and also through through teachers that we have assessments in each content area to measure progress.

[10353] Aiden Hill: Okay, and then the last question related to the independent learning is. So it's, this is a, well, so you talked about ingenuity as the, one of the vehicles that's going to be used at like the junior high and high school level, so secondary level. And in our prior board meetings, before we had the recess over the summer, we were talking about Apex and about, you know, some of the challenges that are going on there and, You know, and how, quite frankly, you know, it's there are opportunities for for abuse and cheating, etc. But I want to make sure that I mean so obviously any type of online program has those kind of risks. I mean, we need to pay attention attention to it, but I also want to clarify and make sure that we're not planning on using ingenuity. as a replacement for APEX at the junior high or high school level as it relates to credit recovery or summer school work. Is that correct?

[10422] Terrence Grindall: Thank you. We are planning on bringing back to the board. I know the board wanted to review APEX, and so we were planning on bringing that back in the next session later this month in August. We haven't sort of discarded APEX yet. We really want to engage the board with that. And so the board can help us to make an informed decision about how we move forward. So the independent study virtual academy, just to be clear, is not credit recovery, but you are correct. APEX has been used as credit recovery in the past. And that's what we understand from the board that The board does not want us to continue that until there's been a chance to really review the review apex and make a decision about whether that's the that's the most effective model for credit recovery.

[10478] Aiden Hill: But at this point, we're not talking about using edgenuity as a replacement for apex at the junior high in the high school for regular instruction.

[10487] Terrence Grindall: That's correct. Not at the junior high, the high school at the memorial. No, we're currently We're not using it. We're holding off on everything as we start the year until we can engage the board in that discussion.

[10502] Aiden Hill: Okay. And then the final question is really just a clarification. I mean, so thank you for the watching the video about dual language immersion. And we had talked in our one-on-one about this, but I think it would just be helpful for the public to hear, you know, can you tell us like, you know, how many sections are being planned, you know, and, um, kind of the breakout, I mean, the breakout and the, and, and how many instructors and the certifications and that kind of stuff?

[10526] Terrence Grindall: Sure. Yeah, so as I was mentioning, we have two cohorts or classes of dual language immersion in the kindergarten and one class of English only in the kindergarten. And then we have two cohorts of dual language in first grade and one cohort of English only. We have all of those classes staffed. We were able to hire, I believe it's three teachers who have B-CLAD certification. And then we have teachers who are also certified in multiple subject regular English secondary, sorry, elementary. And so what we'll do is the teachers who are BCLAD certified will be the teachers who are teaching in Spanish and English, of course. But the teachers that are not BCLAD certified, they will be teaching the English components of the programs.

[10589] Aiden Hill: Great. Thank you very much. Thank you.

[10591] SPEAKER_31: Superintendent, just a clarifying question on the staffing level for the dual immersion program. So we did have we did hire three outside B-Class credential teachers.

[10604] Terrence Grindall: Is that right? I believe two of those teachers were internal. Yeah, because they passed the credential program, I guess. That's correct. And then I believe we have one, and I'll go back and double check that, but I believe we have one that was external and does have that certification as well.

[10621] SPEAKER_31: Okay. Thank you. Seeing none other questions, thank you, Superintendent, for your report. Thank you. Moving on to staff report, LCAP local indicators presentations, 2020 to 2021. Ms. Gutierrez, can you bring the public speaker?

[10641] SPEAKER_38: Yes, thank you. The first, I believe it's first and only, yes, one speaker for this one, it's Ms. Parks. You may begin.

[10651] Maria Huffer: Good evening. On June 17th, I filed a uniform complaint concerning this local control accountability plan, also known as the LCAP. My complaint identified four issues. Number one, the Brown Act procedure issues were not, procedure issues were not followed. Number two, the LCAP advisory and English learner committees were not allowed to carry out their various charges as indicated in board policy 0460. Number three, the district did not present the full 2021-22 LCAP to either of the above mentioned committees. Number four, the superintendent did not respond in writing to questions received from either of the committees prior to board approval. I did not receive the required response until July 13th, which is beyond the 10 day investigation response window. I emailed further evidence on July 13th and received the district response on July 21st. The response was clearly written by an attorney and I doubt the author of the response viewed all of the evidence I presented. Your board policy 1220 indicates the LCAP committee shall comply with the Brown Act. The author acknowledges a roll call was not taken, nor were minutes approved at the LCAP meetings. Roll call was taken at the DLAC committee meetings, and the minutes were approved. The same requirements apply to both committees. Although the author acknowledges the committees were given the annual update, the 2021-22 LCAP is the first year of the three-year cycle, so the update is of little value since it isn't part of this new cycle. The author indicates that reviewing a five-page summary of the plan is sufficient. It is not. The committees were excluded from reviewing all eight components of the plan outlined on the CDE website. One component is the expenditure table, which provides budget breakdowns for each action item. Clearly, the budget is a crucial part of the plan. At the end of the June 17th meeting, the superintendent apologized and acknowledged he misspoke about the committee seeing the plan when he urged the board to approve the plan. Even with the apology, the author essentially claims the only issue with the superintendent is that he did not respond to the questions posed by the committee before the board approval. As I stated in my July 13th email to Ms. Ingham-Watters, Ed Code 52065 indicates the superintendent of the school district is to prominently post on the homepage of the website of the school district the approved plan. As of this time, the superintendent has failed to post the 21-22 LCAP on the district homepage nor is it posted on the LCAP informational page. Even with all of these issues I have identified, I do not intend to appeal the determination response to you or the CDE. I will finish this with a statement from Heather Bell from the CDE from her January 19, 21 LCFF LCAP training. Stakeholder engagement and feedback is truly a driving force with the LCAP development, and most especially this year. Because of everything that has happened with this pandemic, stakeholder engagement is more important than ever. Thank you.

[10839] SPEAKER_31: Thank you, Mrs. Parks. Bringing back to the staff, Superintendent Triplett, I guess we have a presentation or given we already see the slides, it's just work and comment and asking questions on this.

[10855] Terrence Grindall: Yes, President Jonathan, if that's what you prefer, we're available for answering any questions. And I believe Miss Pierce is going to take the lead on this.

[10864] SPEAKER_31: Yeah, so the only thing I have is obviously, all these dashboards are from 2019. We don't really have any up-to-date data. The question I just like to ask is for the year 2021 to 2022, do we anticipate that there will be statewide testing? Because I do hope we have testing, even though the results are not going to be very good. But I think we should have testing to know how far behind we are due to the pandemic when it comes to loss of learning. Yeah.

[10893] Terrence Grindall: Yeah, thank you. Ms. Pierce, would you like to respond?

[10899] SPEAKER_40: At this time, we do anticipate that there will be testing. Obviously, we cannot guarantee the future and what the future holds. But at this point, with students returning to in-person instruction, we absolutely anticipate that we will be able to get that data and are actually excited to do so.

[10917] Terrence Grindall: And if I could just add, I did allude to it a little bit earlier, we also have already begun preparing for the use of iReady, which is a great formative assessment that benchmark that allows us to do diagnostic assessments and as well as assessments along the way in preparation for the state test.

[10948] Aiden Hill: Just echoing your comments, President Jiang. So yeah, I did look through the presentation. It was a little bit confusing because the data was from 2019. I mean, it said 2020, but it was actually 2019. But the the thing that I want to make sure that we focus on here, because, as I went through the presentation. You know the areas that you know where we are really not performing well as a district we really didn't spend any time talking about so we talked about a lot of things where. we internally have decided that we've met certain standards. It isn't even, you know, established by the state. It's like the state asks you, well, did you meet these? And we said, yes. But the things that where we really need to focus, right. And everybody knows my analogy about the Super Bowl. So right now we have an issue where we have graduation rates that are, you know, middling to, you know, to okay. But our career, our college and career readiness is not good. And so we are graduating people, but they are not prepared for life after graduation. And that is not a recipe for success for our district or for our country. And so we really need to spend time looking at that and digging into it and figuring out what the root causes of that are and address that. So that's one. And then the second area that we haven't spent any time on is English language proficiency, which is again an area which is a major problem for us and that where our scores have been going down. And I know that dual language is an attempt to try to rectify that, but I'm really hoping that we have more focus and more metrics and really track improvement in those areas. Thank you.

[11052] SPEAKER_31: Member Nguyen.

[11056] SPEAKER_29: Thank you, President Young. I just have a quick question. I know that my daughter, who was in sixth grade last year, there was assessment through iReady for math and language arts, and I was wondering if it's possible for us to be able to get compiled data so that we can reference their performance from last year so that we can have some sort of assessment or evaluation going into this year to compare against.

[11090] Terrence Grindall: Thank you. We, we have sent out the data for individual students on iReady to families. And if we haven't sent it out yet, I think it's like about to be sent out. But then with regard, are you referring to like for the board to see, to see the more overall results from that assessment?

[11113] SPEAKER_24: Correct. Okay. Yeah, that we'd be happy to provide that.

[11121] SPEAKER_40: I do just want to clarify for a moment, I know that the first slide does say 2019 that is a snapshot of the dashboard, because the dashboard every year gets updated and this is through the California dashboard so this is not something that we control, but the dashboard does get updated each year around October and November. So while a lot of times when you do present the LCAP data, it will be a year behind because of when, excuse me, the local indicator data, because that is when the report is due. Much of the data in this report is from 220. So I just wanted to clarify.

[11156] SPEAKER_31: So following up on the area of improvement when it comes to academic performance, so for me, most concerning thing is actually, the most concerning thing is actually the passing rate for mathematics. Because that one is actually the green and the blue bar. The green bar, blue bar is exceeded expectation. Green is performing at the expectation. So that percentage are disqualified. From grade 3rd from the 3rd grade to the secondary 12th grade is after below 50% and if you particularly look at the high school passing rate is 38%. That is lower than our English language, for one, so our mathematic performance across the board is. is a bigger problem than our English language performance. And obviously, hopefully that going forward in the next year, as we recover from the pandemic, that we can have a concerted effort to really look into the weakness of our secondary side and hopefully to lift at least the overall across the board number to be above 50%. And high school at least should be about 40% of passing. That's my comment on that. Seeing no other comments, okay, thank you for the staff presentation. I'm moving on to the next one, update 10.2, update on four-front power solar project on Memorial High and Junior High.

[11252] Terrence Grindall: Thank you, President Chen. I will turn it over to Ms. Dela Cruz to speak about this agenda item.

[11260] Marie dela Cruz: Thank you, Dr. Triplett. So the last time we provided an update on the solar project was in March. And so since then, we have broken ground, and we've had a lot of progress. And I have here with us today representatives from Forefront that will provide you more of an update on the solar project. Mr. Taylor, OK, there you are. And Casey, is it the two of you today, Mr. Taylor and Mr. Miller? Okay, I want to introduce to you Mr. Brian Taylor and Mr. Casey Miller from Forefront that will be providing the update.

[11311] SPEAKER_38: And Ms. Delacruz, if I may, sorry, we do have Mr. Tanner Crager as well, all three.

[11318] Cary Knoop: Let's go back, yeah, thank you.

[11319] Marie dela Cruz: Oh, thank you, sorry.

[11322] SPEAKER_15: Yeah. And Tanner's with forefront. Um, so maybe I'll kick it off. Uh, good evening, esteemed members of the board and superintendent triplet. Thanks for your time tonight. We wanted to provide a quick update on the solar installations. Um, and, uh, we have a deck that, um, If someone is able to share, would you like me to share either way? Okay, perfect. Great, so yeah, a quick project update. Just go to the first slide, I'll get right into it. So as a way of background, we signed, the district entered into a power purchase agreement with Forefront Power in, I think it was 2019. And we are now under construction for these projects at Newark High School and Newark Junior High School. Under the power purchase agreement, there's no capital outlay on the part of the district. Forefront Power finances the entire system. We bring it through permitting and build it, own it, operate it, and then the district pays for the energy produced by the system at a fixed rate for 20 years. And that rate is flat, unlike PG&E rates, which tend to go up over time. And it's below your grid rate in year one, so you save money as a result. So to give a current update, and Casey and Tanner are on our development team, and they can probably speak to this if I falter any point on the exact implications of what's happening during construction, but, um, some good news, you know, at Newark Memorial high school, um, all steel casings and columns have been installed. And then since I think a week or two ago, when we submitted this presentation, we're even further ahead than where we, this, uh, deck has a standing. We've now installed 100% of the purlins and the modules have been mounted at Newark Memorial high school. So onto the next phase, which is AC and DC wiring, or excuse me, DC wiring. We are moving forward with a concrete pad for the battery storage system at Newark Memorial High School. And then at Newark Junior High School, we are a little bit behind Newark Memorial High School, as we're waiting for some purlins to get delivered, which have been slightly delayed due to the global steel supply chain disruption that a lot of folks are experiencing these days. But if you go to the next slide, we can kind of give an update on timeframes. So as a result of Newark Memorial High School accelerating the module installation, we'll be able to reduce our fenced area, which will help with traffic on site. And so that should be reduced this month. Temporary fencing at Newark Junior High School will be reduced later this month as well. And then we will work to complete some of the ADA work for the PV construction, and then begin working towards commissioning this fall. So all eyes are pointing towards this fall, those systems will be fully complete and operational. So moving on, here's some photos of the installation work that we've been doing. You can see on the left, the installation at Newark Memorial High School, where we have the canopies completely installed. And then on the right, you have some of the casings for Newark Junior High School, where the column foundations are going to be going. So we want to provide an update on two scope changes that have happened during construction. The first is adverse subsurface conditions. And the second is ADA upgrades. So There has been significant groundwater and caving of the foundation walls of our column foundations of the holes that we essentially drill in the ground to install these columns. So that required steel casings to be installed to help firm up and make sure that the installation, it would be robust and able to be structurally sound. And so in our contract, we have a mechanism to deal with this. As you recall, there's no capital outlay on the part of the district for these installations. So the way that we deal with these sort of unforeseen circumstances is that Forefront Power at the time of contract signing made an assumption on the size and extent of the column foundations that would have to go underground. And when we experience adverse soil conditions like this, there's a mechanism in the contract that allows these additional expenses to essentially be absorbed into the rate for the energy, the price for the energy in the system, which would tick up marginally to absorb these costs and keep the district at saving money in year one and also having no capital outlay. A similar mechanism is in place for ADA upgrades. So as a result of these systems being installed on parking lots where it have to do, we essentially have to bring the the entire parking lot up to code for ADA compliance. And there were several, what we call pre-existing non-compliant conditions, meaning that when we arrived on site to start our work, there was already some non-compliant issues with the parking lot. And you can see the approximate totals of the impact of those pre-existing conditions, the remedies that we'd have to perform to bring the parking lot back into compliance. This mechanism is handled in the identical way that we handle ads or adverse subsurface conditions, namely that we have, you know, both parties recognize that these, um, Circumstances were not necessarily knowable prior to contract signing. And there's a formulaic way to deal with these additional scope increases. Um, that's specifically outlined in the contract. So the good news is that we have this dialed into the contract and And even better news is that the district is still saving a substantial amount of money over 20 years. We can go to the next slide. I believe this is kind of a breakdown of the savings and the change in savings. So at Newark Memorial High in November last year, our expected savings was in year one, about $140,000, 31% of your energy bill there. And over 20 years, about 5.9 million. Now you're going to be saving about 5.3 million over the course of 20 years. and over $100,000 in year one. So still a very substantial saving, something that, you know, given my experience with school districts and these types of projects, this is still substantial savings for a project of that size. And then Newark Junior High School, following a similar analysis, you're still gonna be saving just under a million dollars over the course of 20 years on your energy expenses. So, everything is still looking very good. You're still gonna reduce your energy expenses starting in year one and have a flat energy rate for the next 20 years. We have some site photos here to kind of show you some of these subsurface conditions, just to give you a kind of visual of what we're talking about. You can see that the water is essentially creeping into the bottom of the column foundation. And that is the extent of the update essentially. I'll be happy to answer any questions. And we again, thank you for Here's some more photos, thank you. Again, thank you for your business and your trust in us. And we're working towards getting these projects installed and operational as quickly as possible. Thank you, Mr. Taylor.

[11794] Marie dela Cruz: Mr. Taylor, can you just kind of give them an idea of how deep these casings are?

[11801] SPEAKER_15: Yeah, they're approximately 20 feet.

[11809] Diego Torres: So pretty deep due to the soft soils conditions on site.

[11816] SPEAKER_31: Thank you, Mr. Taylor, for your presentation. Open up the discussion to the board. Seeing none, thank you for your presentation. Have a great rest of the night.

[11838] Marie dela Cruz: Thank you.

[11839] SPEAKER_15: Thank you again.

[11840] Marie dela Cruz: Thank you.

[11841] SPEAKER_15: Five ayes.

[11842] Marie dela Cruz: Bye.

[11845] SPEAKER_31: Moving on to Board of Education Agenda Request, Attendant to Employment Agreement between Unified NUSD and District Superintendent. I move that we approve the 2% one-time bonus for superintendent for the school year 2020 to 2021.

[11862] SPEAKER_38: I apologize, President Zhang, there is a speaker on this item.

[11868] SPEAKER_31: Oh, it's okay.

[11870] SPEAKER_38: Can you bring in the public speaker? Yes, can we please unmute Cheryl Goguen? Hey there. Okay, you may begin.

[11883] SPEAKER_33: Good evening. Tonight I want to speak on this $4,400 bonus for the superintendent. A bonus is typically given to an employee based on merit or to reward exemplary service. What has the superintendent done to deserve such a bonus? Well, I would say the answer to that is not enough. To begin, he's not met all the goals set out for him in the past year. Notably, he is late in providing this new website, which is desperately needed. Enrollment has also been decreasing. Increased enrollment and a new website were both items written into his goals for the past school year that he has not met. Further, he has routinely ignored policy by giving himself decision-making power that is not his. For instance, recently Dr. Triplett announced a new principal for BGI. This new hire has not even been approved by the board yet, but they've begun work already. He has also opened the district up to multiple lawsuits. The district's paid Dr. Triplett to be trained as a superintendent, including approving an increase in funds towards the training. Yet his ability to lead our district is lacking. Dr. Triplett does not deserve any bonus pay based on his performance over the last year. So I'd like to make a few suggestions on how you can make better use of $4,400. Schilling, a Title I school, has requested parents donate four packs of copy paper per student enrolled. This is included in a substantial list of supplies that they're requesting parents provide. Copy paper of all things should be provided by the district and the teachers shouldn't need to ask parents for it. $4,400 could provide this paper to Schilling Elementary So our disadvantaged families are not struggling to provide necessities that the district should be providing. Alternatively, $4,400 could pay somebody part-time to handle those CPRA requests that the superintendent has complained is a burden to fulfill. Or perhaps instead you prefer to put that money towards his legal fees that the superintendent is racking up from lawsuits that he's inviting from CPRA or Brown Act violations. Please consider these thoughts tonight as you vote and please vote no on providing this bonus. Thanks and have a good night.

[12008] SPEAKER_31: Thank you. Given this as a personnel item, I move that we approve the 2% one-time bonus for the superintendent for the school year of 2020 and 2021. May I get a second?

[12024] Jodi Croce: I'll second.

[12025] SPEAKER_31: Seconded by member Nguyen. Member Guendel, how do you vote?

[12029] SPEAKER_18: Yes.

[12030] SPEAKER_31: Member Hill? No. Member Nguyen?

[12034] Jodi Croce: Yes.

[12034] SPEAKER_31: My vote is yes as well. Motion carries with three ayes and member Hill voting no. Moving on to item 12.1, public disclosure on NEWMA 2021 to 2022 salary increase. Superintendent Triplett.

[12052] Terrence Grindall: Thank you, President Jun. I'll have Ms. Stella Cruz speak on this one.

[12057] Marie dela Cruz: Thank you, Dr. Triplett. As you recall, back in June, the board approved a 21-22 salary increase for NEWMA, our Newark Management Association. And as the Alameda County Office of Education reviews our finances and gives us guidance, they're suggesting that although it's not specifically required by government code and education code, that we provide a disclosure, public disclosure on the impact of the increase. So this is a best practice and recommended by ACOE and FCMAT. And based on the AB 1200 form, if you've had a chance to review it, this includes the impact for this fiscal year, which is about 79,000 to our budget, and then next year, it's about 86,000, and in the following year, 2,360. The increase is for 1% effective July 1 of 2021, and then 1.5% in February of 2022. So the form also includes an updated multi-year projection and a narrative of the impact of the increase. The increase does provide the minimum required reserve for economic uncertainties. There's no change to that. And also the impact to our multi-year still shows that we'll have a surplus in the two subsequent years. So unless there's any questions, This is basically an update and information item. There's no action needed. It's, again, a public disclosure of the impact of the increase for our Newark management. And normally, oh, sorry, this is a requirement for our bargaining unit, collective bargaining agreement. And NEWMA, since it's unrepresented technically, It's not required by law, but best practice to share.

[12211] SPEAKER_31: So I just want to say a few words. So for some historic context, our Newmark group agreed to a deferral of compensation increase right before the pandemic when we're sort of at a financial hole. So we deeply appreciate the sacrifice that Newmark representative made with us. And we appreciate your hard work. And this is well-deserved. And even though it came a little bit later, but better than ever. Thank you everyone in that organization. Moving on. Thank you. Moving on to the next item, new business 13.1, independent study for policy revision to meet new state regulations, ABSB 130, Superintendent Triplett. Actually, I believe we do have a public speaker. Ms. Gutierrez, can you bring the speaker?

[12265] SPEAKER_38: Yes, one second. The first speaker is Cindy Parks. You may begin.

[12271] Maria Huffer: Good evening. This agenda item does not accurately describe what is before you for approval. The title should have been what is in the purpose part of the agenda. Update board policy and administrative regulation 6158. The agenda says independent study board policy revision to meet new state regulations AB slash SB 130. SB 130 shows it's still in the budget committee. The assembly bill does require school districts to offer independent study as an educational option unless they can demonstrate it would cause an unreasonable financial burden. Beside the description of the agenda item, I'm concerned about the absence of an assigned MOU with NTA regarding this change and the lack of an independent study components being put into place, most notably the information which is to be provided on the district website and supplied to the parents and students. In order to communicate the educational options for families and students, BP6158 requires school districts notify parents and guardians of their options to enroll students in in-person instruction or independent study during the school year. This notice shall include written information on the district's internet website including but not limited to the right to request student parent educator conferences meeting prior to enrollment and all written information must be translated. Furthermore, this written agreement shall be signed no later than 30 days after the first day of instruction. However, all other requirements must be met upon commencement of instruction. Students and parents need to be made aware in advance, since this program has very specific instructions pertaining to communication regarding academic progress. technology needs, students need to meet levels of satisfactory educational progress in order to continue in the program, receive a detailed statement of academic and other support provided to address the needs of students not performing at grade level, The program needs to support English learners, those who have 504 plans, students in foster care, experience homelessness, or require mental health support. While we appreciate the district bringing forth the board policy and administrative regulation this evening, the current district website only contains the 2021-22 virtual school transfer request form. It does not mention the current requirements detailing the parent notification info, nor does it contain the written agreement. Also, shouldn't there have been a public hearing to comply with five of the five cover California code of regulations 11701 as listed on the bottom of page one of the BP. Again, this item as titled on the agenda does not accurately represent what is before you for approval. While I do understand your role is to set policy, what mechanisms will you be using to determine whether your policy is implemented correctly, since several components are already lacking? Remember, these independent study students have already spent over a year in distant learning. They deserve the same level of instruction as students in the classroom. Thank you.

[12459] SPEAKER_31: Thank you. I believe that's the only public speaker, right? Back to Superintendent, Dr. Triplett.

[12467] Terrence Grindall: Thank you, President Jim. So I'm gonna have Ms. Pierce speak on this resolution.

[12475] SPEAKER_40: Thank you. So absolutely. So Governor Gavin Newsom signed the Assembly Bill 130 into law on July 9th. So this serves to show the changes that are necessary to meet the new state regulations. What you have attached shows track changes and it's based off of the recommendation from the California School Boards Association.

[12505] SPEAKER_31: My only question is, I guess, these languages changes are sponsored by CBOC's lawyers, right? Because anytime when I see something like this is generally what the lawyer recommended language change, right? Is that right?

[12520] SPEAKER_40: So the language represented here comes from the California School Boards Association. Yes, there was very limited time to obviously make changes. And so many of these resources were pulled together by neighboring districts as well, so that we could meet all of the necessary deadlines to turn around the program and make sure that we are ready to go for students. And we are ready to do so.

[12553] Aiden Hill: I thank you. I mean, as I've discussed in prior board meetings, I mean, it's very frustrating to have documents like this submitted. And the first that we see it is 72 hours prior to being asked to not only read and digest it, but then to actually vote to approve. And I went through the documents, I mean, and I'm concerned, Because as you look at you've you've highlighted very well at the top, the different changes and where they're coming from right and so there's existing language and then you're showing where CSBA is making recommendations, but then there's a category where it says you know you know deleted language. but it's not something that's being called out by CSBA. And so presumably it's us. I mean, I don't know who's making these things, but I saw a bunch of this deleted language. I mean, and the reason I think we need to take this very seriously is this is a board policy. And so we shouldn't be, you know, making rapid changes, you know, without really kind of deliberation over this discussion, you know, and thought process, we know we shouldn't be firing from the hip. But I mean, I see whole sections where we're like striking out the prior master agreement language. And there's a whole bunch of language in there that talks about how we need to have a student plan for each student before they start. We need to have parent-teacher sign-offs. And so like all that language is getting deleted and it was there before. So what I would like to suggest so that we don't make a decision in haste and it sounds like we have 30 days to get this official is that I would like to move that we wait and have NTA because they're getting into the final level of doing the MOU. make sure that we have an approved agreement from them, that they feel comfortable with this, and that we also have an opportunity, we the board to come back and either ask clarifying questions about the language or making suggestions before we go through and have a final draft that we approve. So that's what I'd like to move is that we delay and give time for NTA to finalize their input and for the board to finalize their input. And we could then tee it up for the next board meeting. That's my motion.

[12699] SPEAKER_31: So historically for board policy, we have this either approved as it is, or we bring back for second reading, which is further modification. But oftentimes when we do second reading, we talk about specific changes we're requesting. So we're going to bring back to second reading. and we need to be a little bit more specific. Which area of language do you think needs to be modified?

[12723] Aiden Hill: Yes, so I will tell you that all of the deletions, I think that we need clarifications, but the thing that I'm the most worried about, so page five, page six, page seven, page 11, all related to the master agreement, all related to having student plans prior to this getting kicked off, having proper parent-teacher sign-offs, on making sure that we have the same level of rigor. And then also, there's we deleted on page 11, where we said we are not required to provide records of this after the fact. So we before we were committing to say we were going to provide records of this, we're now deleting that language. So I think that we need to take a second look at that, because it concerns me.

[12771] SPEAKER_31: Xuemao Wang, Planner Item 5A-4B2B2B2B2B2B2B2B2B2

[12798] Terrence Grindall: page nine, it talks, it's the revised language with regard to requirements for written agreement with the parents, progress and all that. So, Mr. Pierce, do you want to speak a little bit about what are our deadlines from the state?

[12817] SPEAKER_40: Absolutely. So we do have a deadline. This is time bound. This was the first board meeting we could bring this to. And so this does have a deadline, unfortunately. This is why we did not put up for a second read. I do want to, Dr. Triplett, you said exactly what I was going to say. Much of the concerns around the deletions that I'm hearing are actually somewhere else or have been revised. And so I just want to clarify that as well.

[12846] SPEAKER_31: So oftentimes when it comes to voting on the board policy, most of these are like a traditionally, they are CSBC, California School Board, so it's a CSBA, lawyer sponsored and lawyer written. So because I'm not obviously a legal expert. So generally I just accept the, the CSBA lawyers recommendation. So again, going back to my previous question, is this really sponsored or like being written by the CSBA lawyer?

[12882] SPEAKER_40: Yes, so to clarify, there was very little, if none at all deviation from what was recommended from the California State Board Association.

[12892] SPEAKER_31: Yeah, okay. Yeah, because generally like if it's their language, Traditionally on this board, we don't really change anything unless that there are some specific area we'll bring back to a second reading. Okay. Any other comments on the board?

[12909] Aiden Hill: Yeah, but that's my issue, Bowen. So if you look at those documents, there are track changes in different colors. It shows what is the CSB legal language, that's in red, but then you see the deletions. Those were not deletions that were provided by CSBA. Those were, you know, I don't know who provided those. And I can't see kind of the replacement. And so I really think that maybe we need to, and we have 30 days according to, from what I understand, we have 30 days from the time of instruction to get this in place. So we have time to have a second reading by the next board meeting, which is the 18th, right? We're not starting instruction until the 12th, where we can go in and have a second reading. We could do a study session around this, make sure that we've got everything covered. because I think that this is very important. And the other thing that I'd like to suggest too is that given that this is a temporary, AB 130 is dealing with a temporary issue of COVID that we possibly consider looking at putting a temporary board policy in place to address this, but this should be revisited on a semester by semester basis as we go through the pandemic. So that's my suggestion.

[12987] SPEAKER_38: Dr. Triplett, if I may, I believe, and Member Hill, if you may clarify, are you referring to the old, the purple, which it says old language deleted? Because if that is the case, if that is the case, it still comes recommended from CSBA. So if the old language is no longer available in the template provided by CSBA, then we have to delete it. So that recommendation, even though it is in purple, it is recommended. It is language that is no longer present in the policy provided by CSBA. So we delete it and we notify it with purple. So it is a CSBA recommendation.

[13029] Bowen Zhang: Okay, Member Gruendel. Yes, you know, we are on the verge of opening schools again. and parents are making decisions and our staff are working hard to adjust to these things. I am in support of moving forward with adjusting our policies so that we can be compliant with the new state law. And then there'll be certainty that our professionals can plan around. So I'm ready to make that motion when you're ready to hear it, President Jang.

[13068] SPEAKER_31: Ms. Nicole Pierce, the 30-day, I believe you said we don't have a time for the second reading. Is that right? Because if there's a 30-day window, and I guess in about 14 days, we'll have another board meeting.

[13083] SPEAKER_40: Yes. So the guidance that we've been given from the county is that this should be signed and completed before the start of school on August 12th. The 30 days is reference to the written agreement. And we've been given, according to this board policy, if it is approved today, we've been given 30 days according to SB, AB 130 to get the written agreement between families and the independent study school. signed and completed. And that includes a conference and some of the other items that is in this policy. So we have been given extension. Normally you'd need that written agreement prior to the independent study, but because of the timeline, part of AB 130 was to grant that 30 day extension. But that is different than the board policy.

[13129] SPEAKER_31: Okay, members, if you are ready, you can make the motion.

[13132] Bowen Zhang: I'd like to make a motion that the board of education approve the updated board policy 6158. and Administrative Regulations 6158. Can I get a second?

[13144] Jodi Croce: I'll second.

[13146] SPEAKER_31: Motion made by Member Guendel, seconded by Member Nguyen. Member Guendel, how do you vote? Yes. Member Hill? No. Member Nguyen?

[13155] Jodi Croce: Yes.

[13156] SPEAKER_31: My vote is yes as well. Motion carries with three ayes, and Member Hill voted no. 13.45 day budget revision 2021 to 2022.

[13170] Terrence Grindall: Thank you, President. Ms. Delacruz, would you please explain a little bit about the 45-day revision?

[13178] Marie dela Cruz: Yes. Thank you, Dr. Triplett. The governor signed the budget on June 28, 2021, and the district has 45 days after that to share any revisions that was impacted by the governor's budget. And fortunately, Um, there weren't a lot of changes because the governor's proposal had a lot of, um, Budget items that the legislator, uh, agreed with. So I'm just going to share a little bit on what was actually what was revised and what impacted our budget. So. On the revenue side, there was a change in the concentration grant formula. So based on, used to be 50% of the base grant and now they've increased it to 65%. So in the adopted budget, we were projecting 139,000 from concentration grant and with the change from 50 to 65%, We are now projecting $184,000, which is about $45,000 more. And the ESSER III preliminary allocation, we did receive that, but it wasn't included in the adopted budget. And that was the $4,175,143, which is on the expenditure side, the same amount. Any LCFF related expenditures with the concentration grant is going to be the same amount that will be budgeted on the expenditure side. And then same with the ESSER III related expenditures, the $4,175,000 will be budgeted on the expenditure side. So there's zero effect. Revenues and expenditures are the same. So there's no change in the fund balance. And just a little bit about the S or three expenditure plan. There's a plan that needs to be approved by the board at a public meeting on or before October 29. So we're planning to present an expenditure plan to the board, the second board meeting. and the plan has to be submitted to the county within five days after that. There are several requirements under the expenditure plan, which we are already moving forward in making sure that we meet those requirements, including stakeholder engagement. This is just a little bit of information about the changes on the concentration grant. It increases the funding factor from 50% to 65%. The additional 15% is supposed to be used to increase the number of credentialed and our classified staff who provide direct services to pupils. And there's some measurement that any increase is measured by comparing the prior year staff to pupil ratios. And the use of these funds have to be detailed the one-time LCAP supplement and as a part of the LCAP annual update. So this is the 55% that we talk about that's related to our UPP, the unduplicated pupil percentage, which includes our free, reduced meal, low-income eligible students, as well as foster youth and homeless. So it's even more important now that we make sure that we complete either the free and reduced meal applications or the alternative app applications so that we get full benefit of our concentration grant. And that's it. Unless there's any questions. Yeah.

[13442] SPEAKER_31: Thank you, Ms. Delacruz. Thank you, Ms. Delacruz, for your report. I guess this is sort of a formality every year. This is my third time seeing a 45-day revision, and this time there's Literally no change. Yeah. Unless there are any questions for other board members. Seeing none, I move that we approve the report on a 45-day budget revision as presented. Can I get a second? I second. Seconded by member Hill. Seconded by member Hill. Member Grundahl, how do you vote? Yes. Member Hill? Yes. Member Nguyen? Yes. My vote is yes as well. Motion carries unanimously with four ayes. And obviously, I will be looking forward to our September on audit result for the full fiscal year. That will be the next item.

[13499] Jodi Croce: Yes.

[13500] SPEAKER_29: Thank you, Ms. Dela Cruz.

[13502] Marie dela Cruz: Thank you.

[13506] SPEAKER_31: Moving on to the next item, 13.3, change order number one and changing funding source for newer junior high school stairs project.

[13517] Terrence Grindall: Mr. Cruz, can you speak on this please?

[13520] Marie dela Cruz: Yes, Dr. Triplett and Mr. Gutierrez, if you could please admit Mr. Caputo. Okay, there he is. So this board item is two things. There's a change order on the stairs project. One had to do with some unforeseen damage to some water lines at two of the stairways. And then there was some additional cost to some planting changes. And what was the other? I think those were the main ones. So the change order for that is about $21,354. And the other part of this is a change in funding source. So initially when we recommended the project budget, it was going to be out of fund 40, but after consulting with legal, we determined that the project could be funded out of our capital facilities fund, which is a more restricted fund. So whenever you can use a more restricted fund, it's always in the best interest of the district. So this frees up, money in our Fund 40 capital reserves if we can change the funding source to the Capital Facilities Fund. Unless there's any questions, Mr. Caputo is here. The project is moving along. One of the stairways is already complete, the one closest to the main parking lot, and the other two stairways should be completed by next week.

[13622] Aiden Hill: Mr. La Cruz, could you explain, thank you, could you explain the criteria that are coming into play here that allow us to change from the one fund to the capital reserves fund? So that what qualifies this one so that we can use the other fund?

[13641] Marie dela Cruz: Yeah, the capital facilities funds has to do with our developer fees. So if it's justified and tied to our developer fee justification study, which includes several tests and the growth in our area, as well as the type of project. So it can't be a regular maintenance type project if it's an improvement, construction improvement or modernization that could be related to growth or maintaining the services and the programs for that school. Those are some of the main kind of guidelines in the Capital Facilities Fund.

[13694] Aiden Hill: And our lawyers have advised that this is acceptable?

[13698] Marie dela Cruz: Yes, they have.

[13700] SPEAKER_31: Thank you. So I guess my follow up question is generally do we have a preferences when fund 25 and fund 40 are both available? Do we have a preferences for fund 25 or fund 40?

[13715] Marie dela Cruz: Yes, if you can use fund 25 because it's more restricted, it's recommended that you use the fund 25.

[13725] SPEAKER_31: Okay, thank you. Any other questions? Oh, I get, yeah, I mean, I asked the question beforehand. I think that got answered, which was my question before this meeting relating to the contingency. So I have the contingency. I have no more questions. Anybody ready to make a motion?

[13748] SPEAKER_29: I move to approve item 13.3.

[13752] SPEAKER_31: Second. Motion made by member Nguyen, seconded by member Grindel. Member Grimaldi, how do you vote?

[13760] SPEAKER_18: Yes.

[13763] SPEAKER_31: Member Hill? Yes. Member Nguyen? Yes. My vote is yes as well. Motion carries unanimously with four ayes. Thank you. Moving on to 13.4, bid award of landscaping and irrigation project, group two schools. Superintendent Triplett.

[13786] Terrence Grindall: Yes, thank you President Chen. As I mentioned earlier, we have begun the work approved by the board on the first group of schools. And so Ms. Delacruz will speak on the second group of schools that we're bringing forth in relationship to another bid.

[13808] Marie dela Cruz: Thank you, Dr. Triplett. Ms. Gutierrez, I believe Ms. Maria Denny is also here and she's available to answer or provide information on this topic.

[13819] SPEAKER_38: Okay, move her over right now. She's ready. Thank you.

[13823] Marie dela Cruz: So yes, this is the second phase, the group two schools, which includes Coyote Hills Music, Newark Memorial High School, the McGregor Campus and the District Office. We've already started the construction on the group one projects. and we're hoping that we can award this bid for the second phase. The bid does include several alternates and we can decide which of these alternates to proceed with or not. And at this point, our recommendation is that the board allow us to award the base bid and then select the alternates as appropriate.

[13888] Aiden Hill: Member Hill. I scanned through this material quickly, but is some of this money going to do landscaping improvements in music?

[13901] Marie dela Cruz: Yes, there's a little bit of work at music.

[13904] Terrence Grindall: Okay. And do you want to speak to that Ms. Dela Cruz and the rationale?

[13910] Marie dela Cruz: Yes. So the areas that we looked at are mainly the front of the school. And because the school is in the same area as the district office, and we also, you know, want to continue to provide the appeal at the school, although we understand that it is scheduled to close next year, we don't want it to just not be maintained, basically, and maintain the appearance.

[13952] Aiden Hill: And how much money from music specifically are we spending?

[13961] Marie dela Cruz: Maria or Ms. Denny, did we get an itemized breakout? Because I think that was one of the items that we talked about.

[13969] Cindy Parks: So the base bid for music is about $42,000.

[13973] Marie dela Cruz: And that's just the flagpole area, correct? Correct. Yes. And then the alternates is the other section in front of the parking lot.

[13988] SPEAKER_31: Correct. That's the 68,000 period, right?

[13991] Marie dela Cruz: Yes, yes.

[14000] SPEAKER_31: So if I'm not wrong, if I'm not wrong, for music, the total is going to be a little bit over $100,000, right?

[14010] SPEAKER_19: Correct.

[14013] SPEAKER_24: Remember that well?

[14017] Bowen Zhang: I'm not comfortable spending that kind of money for a closed school just to keep it looking good while it's closed. So I just don't think that's prudent.

[14037] SPEAKER_31: Mr. Delacruz, for the spending item on music, is there a way that we can reduce or exclude this item from the board approval.

[14048] Marie dela Cruz: Including the base bid?

[14050] SPEAKER_31: Yeah, so is the base bid the difficult thing to sever or is the alternate that's hard to sever?

[14057] Marie dela Cruz: The base.

[14058] SPEAKER_31: So the base is, is that 30,000 or 30? The base is part of the 559,000.

[14061] Marie dela Cruz: So the total bid for all of the group two schools for the base amount is 559,000 without the alternates. So we don't have to approve the alternate, the 68,000, but in approving the base bid, the 40,000 would be included in that. And if we reject that piece of it, then we would have to rebid.

[14097] SPEAKER_31: Member Nguyen.

[14101] SPEAKER_29: Initially, when I looked at this bidding, I didn't realize that we were awarding the bid based on the base bid amount. So I had staff looking at the total amount in terms of the lowest bid, and they gave me clarification that it was based on the base bid. So anyways, in regards to music, I think that, I'm okay with us making sure that, you know, because that area is leading up to the district office. So I think that still maintaining it, making sure that it looks decent and presentable as we enter into the district office is, I'm okay with that, with it being included in the base bid.

[14156] SPEAKER_31: Mr. Caputo, I think you have something to say. Mr. Caputo?

[14162] SPEAKER_22: Yes, I just wanted to clarify that we can negotiate a credit off of base bid scope if that's the direction the district wants to go. Just like we request cost to add scope, we can request cost to delete scope. Obviously, we don't do that on a significant portion of the bid because then it would render the bid, but on a minor item, I think it's palatable.

[14197] Bowen Zhang: Member Grundell? Yes, I just wanted to refer, well, thank you, Mr. Caputo, that's very helpful. I just wanted to reference that I'm not advocating that we don't maintain the existing landscaping. I'm just saying that doing landscaping and irrigation improvements is not appropriate at music at this time. So that's my opinion. So I would like to take the approach that Mr. Caputo was proposing where we approve the base bid, but allow staff to work on a credit in that direction. So if it's appropriate to make that motion when it is, I'll be happy to.

[14239] SPEAKER_31: Ask a clarifying question for me. I initially, I always thought the landscape irrigation where member Grindel is concerned about, that's only in the alternate bid. Is that really included in the base bid? I thought the base bid doesn't really include that irrigation part. I thought the reason we separate.

[14255] Marie dela Cruz: The irrigation is included. And the part that's included in the base bid for music is the flagpole area.

[14264] SPEAKER_31: OK. Member Hill?

[14268] Aiden Hill: I support Mr. Caputo's suggestion to give a credit or kind of de-scope that part, and echoing Member Grindell's idea about a revised motion.

[14283] SPEAKER_31: Okay. Given that the base pay also includes the irrigation, which initially I thought was the $68,000 part, I can also accept a compromise motion where we don't do the landscaping and irrigation for music, which means not approving the alternate for music and getting some credit back for the base pay for music elementary. If that's the consensus of the board, can somebody make a motion?

[14316] Bowen Zhang: Does the motion need to include discussions of the different alternates as well, or are we just recommending the awarding the contract based on the base bid?

[14332] Marie dela Cruz: If you have any direction on the alternates at this point, that would be helpful. Otherwise, if you can give us direction to allow the review of those alternates and award as needed, that would be another option.

[14347] SPEAKER_31: Mr. Caputo?

[14351] SPEAKER_22: Yes, I apologize. I just wanted to clarify one thing. We would have to award the base bid in its entirety, and then we would go back to the contractor, request a credit. That credit would come back as a change order to the board, and the board would determine at that time whether to take the credit or not. So we wouldn't initiate the work. We would immediately ask for a credit, and we would expect the credit to be commensurate with the bid item, but in a total bid, it could come in different. And in such case, the board would still have discretion later on.

[14387] SPEAKER_31: Okay. Okay. So I move that we approve the base bid with the anticipation that we'll get a credit back. for the music part, music component of the basement.

[14401] SPEAKER_38: Sorry, before I, and I do apologize for the interruption, before you make a motion, I do want to get clarity so I can make sure that I provide a clear motion for you. As my understanding as of now is that the motion stands as is. However, you have provided direction to staff to work on the credit option. So if that is the case, then the motion would still remain as written. Is that correct?

[14426] SPEAKER_31: And for the alternate, we instruct the staff to not include music in the alternate. That's also the second part of the discussion that we have.

[14438] SPEAKER_38: Again, just for clarity, I believe you're providing instruction, but it doesn't change your motion. Is that correct?

[14451] SPEAKER_31: I guess there is a second part on the motion, which is to select the lowest bid for the alternate. But we didn't say when we select the lowest bid for the alternate, we want to exclude music. So I guess that's not part of the motion. So I guess the two things we want is for the basement, we're awarding the basement while anticipating getting back credit for the music and to authorize staff to bid for the alternate without including music in the bid. So that's the two things we discussed.

[14483] Bowen Zhang: I'll second that motion.

[14485] SPEAKER_38: And I do apologize again. So just for clarity, I'm looking at the recommendations that the Board of Education authorized staff to award the base bid. And this is where you're making amendments, right?

[14495] SPEAKER_18: Yep. Yeah.

[14496] SPEAKER_38: Which is?

[14498] SPEAKER_31: Allow alternates to a lowest responsible bidder. And the group to that should exclude music because there's a second there's a the alternate bit that the board I mean the district will still need to bid on right. So what we're saying is when you bid on the second alternate. You don't include the cost for for music. We don't bid on music.

[14517] SPEAKER_38: Correct. So we're on the part on the on the last on the end where it says group to equity hills. I'm just, I'm removing music.

[14523] SPEAKER_31: Yeah, that will be removed. Yes.

[14527] Marie dela Cruz: On the alternates, those are already the bid prices. The next step now is to decide which of those alternates we're going to go with.

[14540] SPEAKER_31: And will that exclude the 68,000 for music?

[14545] Marie dela Cruz: Yes. We can exclude music, but then there's also the other alternates at the other schools that either we award all of them or you give us the, give staff the authority to decide which alternates to proceed with. So you're already giving us direction not to include music. But there's also

[14578] SPEAKER_31: Yeah, yeah, it's okay.

[14580] Marie dela Cruz: The other areas at the high school and McGregor.

[14582] SPEAKER_31: You're asking us to approve the rest of the alternate, pretty much, that's what we're, okay. Yes. Yeah, so I guess the motion will just be, we'll be awarding, we'll authorize staff to award the base bid with anticipation of the credit back for music and approve all the alternate bids, excluding the music, approving the rest of the alternate bid without music in there. So that's the motion.

[14606] SPEAKER_22: If staff so determines. In other words, the staff may select some, but maybe not all.

[14618] SPEAKER_31: Yes, for the alternate bid, we're not including this. We're not approving the 68,000 for music. We are approving the rest of the alternate bid. Yeah, that's what we're saying.

[14630] Bowen Zhang: We're providing staff the authority to go forward with those.

[14638] SPEAKER_31: Yeah, may I get a second?

[14640] Bowen Zhang: I seconded already, and so I'll concur with the clarification.

[14645] SPEAKER_31: Member Gundau, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[14651] Jodi Croce: Yes.

[14652] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. Thank you, Mr. Caputo and Mrs.dela Cruz. Moving on, 13.5, HVAC equipment purchase authorized under resolution 2020.21-030. authorizing staff to acquire equipment using sole source. Superintendent Trippler.

[14677] Terrence Grindall: Thank you, President Chen. So the board will notice there's two different agenda items related to HVAC. And just to be clear about the distinction, one is for the purchase of the actual units. And that's what we'll talk about now. And the next one is related to the bid for installation.

[14696] SPEAKER_24: And we'll talk about that next.

[14699] Terrence Grindall: Ms. Delacruz, did you want to add any information in advance of board discussion?

[14706] Marie dela Cruz: Yeah. On the 13.5, the equipment that we purchased was based on the resolution that the board approved. And we are updating you now, coming back to you with the actual that we issued, which is about 673,000. It included 99 HVAC rooftop units for Birch Grove Primary, Coyote Hills, Kennedy, and Shilling. So this is the first phase of the HVAC replacement project.

[14747] SPEAKER_31: Any questions on the board?

[14759] Aiden Hill: to clarify, Mr. Delacruz, the board authorized this earlier. I cannot remember whether there was a financial projection or estimate. I am imagining there was. Now the purchase order, is that roughly time or is it slightly above, slightly below?

[14780] Marie dela Cruz: Mr. Caputo, I know we had some estimates before we actually placed the order. I believe this is within the estimates that were provided by you and the architects. You're on unmute, Mr. Caputo.

[14797] SPEAKER_22: Actually, through negotiations based on the CMAS agreement, the price that was finally awarded in the PO is about $80,000 less than what was originally quoted. And the lead time was cut from, I don't know, 16 weeks to approximately eight to 10 weeks.

[14824] Aiden Hill: Great, thank you.

[14826] SPEAKER_22: And this is part of the group one or the increment one for the elementary schools We're just in the process next week to get the quote similarly for 177 units between the high school and the junior high school. And that'll be a future action.

[14851] SPEAKER_31: Anyone ready to make a motion?

[14854] SPEAKER_29: Yes, I move to approve item 13.5.

[14856] SPEAKER_31: Can I get a second? A second. Motion made by Member Nguyen, seconded by Member Grindel. Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[14874] Jodi Croce: Yes.

[14875] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. Thank you, Mr. Caputo. 13.6, bid award for H5 units replacement project at BGP, Kennedy, Coyote Hills, and Schilling Elementary. Superintendent Kugler.

[14890] Terrence Grindall: Thank you, President Chun. And again, so this is the actual bid. I do want to just say how excited we are to be able to update these HVAC systems with board approval, of course. So we're really looking forward to being able to have new and well-functioning HVAC systems in all our schools. Ms. Delacruz, did you want to speak a little bit about this bid?

[14919] Marie dela Cruz: Sure, this is the installation of the units that we purchased under 13.5. So I'll have Mr. Caputo kind of go over the process, but when the units arrive, we'll have a whole process of staging the units and then scheduling for installation and making sure that it's done in a timely manner. So Mr. Caputo, is there anything else?

[14947] SPEAKER_22: Thank you. Yes, this is a two-fold action item. Three bids were received. There was a low bid by Trahan Mechanical, a very reputable contractor, but unfortunately made some bid errors and asked for a withdrawal. So the second and qualified lowest responsible bidder is SNH Construction, and there was a third bid. So we are asking for the board to accept the withdrawal under public contract code for Trahan Mechanical and to award the bid to the lowest responsive bidder, S&H Construction. And we are asking to award the base bid only at this time.

[15001] SPEAKER_31: Ms. Gutierrez, I believe we have a public speaker.

[15005] SPEAKER_38: That is correct. Our speaker for this item is Eric Tam. And Mr. Rose, if you could please unmute the phone number. Thank you. Mr. Tam, you may begin. Hello? Hi, you may begin. Hello, Mr. Tam, you may begin.

[15031] SPEAKER_20: Hi. Sorry about that. Did I get it right? Hello, board, Dr. Triplett, Ms. Dela Cruz, and Mr. Caputo. Actually, just listening to your comments for 13.5, I'm a little curious. Ms. Cindy Parks, Mr. Gary Newt, and myself spoke about this topic on May 20th and June 3rd. We all raised various concerns about the timeline, the high level of budget and scope. Ms. Dela Cruz and Mr. Caputo, I hope I understood the documentation correctly, and please correct me if I am wrong. In the agenda, it says, You know, the total construction costs for the equipment purchase and the labor to install the units for the state of the HVAC project is $3,666,000 and change, and is within the measured G bond of $4.7 million. Combination, this is a combination of basically singular unit purchases of 99 units and of $673,000, and the installation cost of $2.993 million. However, after re-watching Mr. Computo's presentations on May 20th and June 3rd, this project consists of phase one and phase two. So now that you guys are kind of like intermingling phase one and phase two, there's like a sub phase one. So phase one consists of 317 units that were deemed end of life. These are the one to 1.5 ton units. Multiple members asked about the timeline and Mr. Kaluu said that they would try to finish before the school start. And it was dependent on the design review on June 9th. So let's take a look at a couple about three things. First, 99 units instead of 317 units. So is it correct that there will be an additional of 218 units that will be part of the overall larger baseline? Second, if the 99 units cost us $3.66 million total, how much does the other 218 cost? So if I was to do some quick math again, you know, 3.66 million for one third of the units. So if I times, you know, 3.66 by three, you get $10.9 million. However, on June 3rd, the breakdown of costs from RGMB, you know, was 9.7 million initial, you know, budget. That included $1.5 million of planning, 766 of that was was the Ratcliffe Architects. You had 7.6 million of construction costs. And, you know, finally it was, you know, 534,000 contingency. So based on kind of like just what Mr. Caputo said and Ms. Dela Cruz, I don't know specifically if this is on time and on budget. So I think the board members should dig in deeper before approving. I'm not sure if I have over time, sorry. I'm just kind of like, I don't see the screen, sorry.

[15209] SPEAKER_31: Thank you, Mr. Tan. Back to the board. Any discussions from the board?

[15223] SPEAKER_29: So, oh, sorry, go ahead, Mr. Tan.

[15225] SPEAKER_31: Member Nguyen? Okay, Member Hill.

[15231] SPEAKER_29: Go ahead, Member Hill.

[15235] Aiden Hill: I, I suspect that maybe member when and I might have the same issues since we're both project managers, but but per the. The speaker that just spoke, I think it is a good question, which is for the overall project, are we on time or on budget. And if not, what do we anticipate are the revised plans, timelines, and budgets? And let's look at the overall effort, not just little piecemeal phases, but the overall effort. So that's the question to Mr. Cabuto.

[15272] SPEAKER_22: Yes, thank you for your question. A couple items. Yes, back in May, we anticipated that these projects would be considered an exception by DSA, and as I've reported to the board since, that has not been the case. DSA has required the full engineering and has required review of each of these packages site by site. This award is specifically for 99 units that were originally intended to be more, but there were a few that DSA took exception with. At the end of the day, DSA did grant us an exception, but it carved well into the summer window we anticipated. The units will start arriving in August with award of later in August, and we have them coming in in increments. Some are in the end of August, some are coming in September, and we have a few that are on back order till beginning of October. And these units are being manufactured, they're being shipped to Southern California where they are being coated with a particular coating that's a rust inhibitor because the units that have been installed recently are already showing signs of rust in this climate. So we did take extra precautions and we did add some costs to ensure the longevity of these new units that was not anticipated to begin with. Secondly, DSA did grant an exception for the elementary schools first. So we did order that equipment And we did try to expedite the purchase of those units to try and get them installed just as soon as possible. And I did report to the board since the May board meeting that likely installation would be September, October. And I think that's still on track depending on when we get the last batches in October. It's beyond our control right now. Um, so the element or so the middle school and the high school are being actually, um, um, priced out right now. And the bid package for those units, um, uh, for the installation of those units are underway. So it has evolved from a phase one and a phase two project to a phase one with two increments, elementary schools, and then junior high school. and then followed by the junior high school and high school. And then we have the larger units that are going to require full assessment and engineering that's still underway. Is there a chance that we're certainly going to exceed a $10 million budget? Yeah, there is. Honestly, as we get more and more into design and we look at some of the work that's been In the repairs right now, there are some portables that are not addressed under the current contract. That'll be done separately by the district. And there are some air handling equipments that are being identified right now that we may look to recommend if and as funds are made available. Also, I do have to recognize that during the course of written reports and board meetings, We sometimes talk about the cost of a phase one project or a phase two project or a total project cost in construction. And then sometimes separately an overall cost that includes soft costs and contingencies, contingencies, which may or may not become part of an actual cost. So I will obviously try and be more clear in the future, but this is an evolving project, both with changing regulations by DSA, and further review the condition of some of these units and the pertinent work that's required when there could be asbestos in roofs and such like that.

[15521] SPEAKER_31: Yeah, I mean for a historic context, I believe Measure G was initially approved by voter in either 2009 or 2010 in the aftermath of the financial crisis, which was a very, very tough economic environment. And I appreciate the voter of this community as such a tough economic environment of growth measure G. And then in a subsequent decade, we just never really make up a plan to finish spending measure G until superintendent took over. I believe when I first got on the board in 2019, 2020, we'd have goal of spending the rest of the Measure G money never materialized until that this time we finally see the end of the tunnel that will be finishing Measure G, which was approved more than a decade ago by the voters. Any other comments on the rest of the board?

[15574] SPEAKER_29: No, I was initially just going to state that it looks like we're going to be phasing, we have a couple of phases to the project and that the elementary school we're gonna be in the phase one part of the project. So Mr. Caputo had already clarified that. So thank you, Mr. Caputo.

[15594] SPEAKER_31: Last one, Member Hill.

[15596] Aiden Hill: And then one, just one last question. So Mr. Caputo, you mentioned the portable issue. And do we have any sense there about, you know, what the projected, you know, scope of work might be? I mean, so number one, you know, where are they in the life cycle? And then if we do need to start replacing, like, you know, what percentage or how much and a ballpark estimate of cost?

[15622] SPEAKER_22: Yes, thank you for your question. Some of the portables, in fact, most of them that are in disrepair and have the most older units aren't used as classrooms right now. So they just weren't considered a priority. And some of them can be repaired. There's also some buildings that snow that we might be able to borrow some parts on and save money on. That's more of a maintenance issue. It was left out of this project because we didn't need to spend mechanical and architectural engineering on those. Those can simply be done. by small contracts, you know, under the public bid or quote process. So they were, there's few of them and we're on the final stretch of analyzing those right now through the commissioning and tab consultants. There's a number of items that are being repaired and that assessment, I think we'll have within a couple of days and we'll know exactly which portables need attention but that's something that the maintenance department has been doing as they need to one at a time and that's how they were sort of considered separate from the full design and engineering package that I'm spearheading.

[15703] SPEAKER_31: Thank you. Anybody ready to make a motion?

[15710] Bowen Zhang: I'll move that the Board of Education accept the withdrawal of bid from Tehran Mechanical due to a clerical error as provided under the public contract code and authorize staff to award the HVAC units replacement project to the lowest responsible and responsive bidder, SNH Construction.

[15731] SPEAKER_31: Can I get a second?

[15735] Jodi Croce: I second.

[15736] SPEAKER_31: Motion made by Member Gwindel. seconded by member Nguyen. Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[15749] Jodi Croce: Yes.

[15752] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. Thank you, Mr. Caputo. Have a great rest of the night.

[15758] SPEAKER_22: Good night.

[15759] SPEAKER_31: Thank you, Mrs. Della Cruz.

[15763] Marie dela Cruz: Thank you. Thank you, Mr. Caputo and Ms. Denny.

[15767] SPEAKER_22: Welcome.

[15773] SPEAKER_31: Moving on to the next item, 13.7, determination to fill a board vacancy and timeline. As some of you know, that eight days ago, last Wednesday night, former trustee Elisa Martinez was sworn in as the new trustee on a lonely college board. Therefore, she could no longer serve as a trustee of Newark Unified due to the incompatibility of these two offices. So the moment she was sworn in, that was her automatic resignation from the board. As a result, we have a board vacancy right now. So this item is determining how we're going to fill the board vacancy. And historically, in the past three vacancies, we fill the vacancy by interviewing for a second application for candidates and interviewing them and scoring them the highest the highest score, a getter, will be appointed to fill the vacancy on the board. There is also the option of declaring a special election, which will cost the district roughly $300,000 to host this special election. So this item I guess is for the board to determine which way we'll go to fill the vacancy, whether it's going to through appointment or through special election. Any comments from the rest of the board?

[15856] SPEAKER_29: member win. I would recommend that we appoint and not spend additional monies on a special election to fill a vacancy that is only going to be for a year. Until the next general election until the next election.

[15881] SPEAKER_31: Any other objections or comments?

[15886] Bowen Zhang: I agree with Member Nguyen, sorry, Vice President Nguyen. I do have questions. At what point do we discuss the process that's used or the application process or what is the place to decide that? Or at this point, do we simply have to decide to do an appointment rather than a special election?

[15917] SPEAKER_31: I believe that this point is about special election or appointment. And if I'm not wrong, that hopefully we will have, I mean, we went through this for three times, so this is nothing foreign in the past three years. We went through this three times, so this is nothing foreign to us. And what happened is generally you have a subcommittee consisting of two board members that will sort of, if we decide to go through the, what do you call that, the appointment process, I'll stop committee, the two board members and they will be gathering questions for all the board member and they finalize the question and the application. We do have a 60 day timeline and the, I guess the application, there's really nothing fancy there. It just, we declare a day and that might be a subsequent board meeting. We declare a day, deadline for application and a special meeting to interview. And that's what I mean after the interview. Member Hill.

[15972] Aiden Hill: So do we have already an established board policy or protocol for how an appointment process works?

[15984] SPEAKER_31: I actually don't believe so.

[15986] Terrence Grindall: If I may, the board policy is attached below. Yeah, the board bylaws.

[15991] Aiden Hill: On the board doc. No, I looked at that, but it seemed to be pretty brief. It didn't lay out all the details. Or maybe I wasn't looking, because I saw the description. I can't recall if I looked at an attachment. So does it literally lay out the steps, every single step?

[16019] SPEAKER_38: So there are, if I may, there are specific guidelines that are provided in regards to how an appointment process may occur. But a lot of it also includes discussion from the board as to minor deviations that may occur. But for the most part, there is a process and rules in regards to an appointment process.

[16050] SPEAKER_29: and it's laid out in the bylaws here.

[16054] Aiden Hill: So can we set up a study session to sort of review that and make sure that we've got all the bases covered before we kick things off?

[16063] SPEAKER_31: In this situation, it is your- After I believe last time, we sort of have a study session that because that's when, when the last time we have a vacancy, we sort of have a discussion and a study session on the, sort of have a brief discussion about the process, and then we go from there. But ultimately, when it comes to the detailed process, because this is sort of a Brown Act issue, so you will have only two board members that do certain things on a subcommittee.

[16094] SPEAKER_38: And in this situation, the only thing I was going to add is that discussion and that timeline as to when you guys want to have it is available. However, there is a limit to fill the vacancy within the time frame.

[16105] Bowen Zhang: so as long as um whether it means additional special meetings or whatever is in the board's prerogative okay right so this item is only about special election or appointment nothing else right so i'm ready to make a motion if uh if you're ready ready to hear it mr president yeah so um i would i would move that the staff return with a resolution calling for us calling for an appointment process to fill the board vacancy.

[16139] SPEAKER_31: Okay, may I get a second?

[16141] Jodi Croce: I second that.

[16142] SPEAKER_31: Motion made by Member Grindel, seconded by Member Nguyen. Member Grindel, how do you vote?

[16149] SPEAKER_18: Yes.

[16152] SPEAKER_31: Member Hill? Yes. Member Nguyen?

[16156] Jodi Croce: Yes.

[16158] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. We'll use the interview appointment process to fill the vacancy within 60 day timeline. Do we want to talk about a subcommittee or we'll do that in the study session?

[16184] SPEAKER_38: At this point, it's usually recommended to select the members of the subcommittee because they're the ones that would then proceed to have that discussion.

[16193] SPEAKER_31: Yeah, but they will still be consulting with the rest of the board. So given that I've been through this, so I will volunteer to serve on the subcommittee. Any other board member want to be a volunteer on the committee? Oh, I see member Nguyen. Remember, remember now you were a little bit slow. So, so I guess remember we'll still have the, we'll still have the study session. I remember he'll request it.

[16217] Aiden Hill: Yeah. I mean, I think we ought to, we, we shouldn't be appointing people until we're clear on the process. I think we ought to, you know, let's get everything teed up and then let's have our study session and then we make our appointments.

[16233] SPEAKER_38: Well, I think- President Zhang, two items. Typically and historically, this is how it has been proceeded. And in regards to the process, if more information is needed, like you said, we could create a special meeting with just specifically a study session to discuss this matter. And the second is we're at 10.02.

[16254] SPEAKER_31: Oh, I see. Sorry. So before that, I will move that we extend the meeting to 11 p.m. I second. Member Grunau, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[16269] Jodi Croce: Yes.

[16271] SPEAKER_31: My vote is yes as well. Meeting temporarily extended to 11 p.m. Hopefully we don't need to extend that again.

[16277] Bowen Zhang: Right. So And using a subcommittee is not a universal approach. So in these kinds of situations, we could do as was suggested or maybe implied by member Hill and do this sort of as a committee of a whole during a work session to work out the details instead of selecting a subcommittee at this point. So I would rather do that, but I'm open to being convinced.

[16309] SPEAKER_31: Yeah, I mean, I guess Ms. Gutierrez was talking about this, our historic practice. Yeah, because that I've never been on this committee before, even though that we went to a couple of round of appointment. Because the reason you have a subcommittee with only two people is you don't want to have three or four board member all sitting there and reading application together. Because obviously, obviously that's collusion, right? Or like that's a violation if all of you guys are reading the application at the same time. Generally, what happened is that you have all board members that are sending in the question they want to interview the candidates. And obviously, nobody, I mean, the one outside of the committee cannot know all the questions. Otherwise, that will be another Brown Act violation. But the subcommittee combined questions, modified languages, and consolidated questions to make the final fact. Whether you want to make the question public before the meeting, and only select several lines for a candidate, or you don't want the candidate to know any of the questions, that's up to discussion for now. So that's why we have a subcommittee things. Yeah, that's why that- And given that on our agenda for this item,

[16386] Aiden Hill: We do not have appointment of subcommittee members, right? So I don't think it's appropriate for us to be making that decision at that point. So I think we ought to tee this up for, again, a study session, and we can include that as a part of the study session. But it's not on our current agenda to do this appointment, if we decide to even go this route.

[16408] SPEAKER_31: Okay, I guess that's fine. So we'll have a study session, and then we'll go through the details of that.

[16417] Bowen Zhang: In fact, the resolution, the action we just took simply directed staff to bring us back a resolution. So we've still got a formal action to take.

[16428] SPEAKER_31: OK. Consent calendar. Personnel items. May I get a motion to approve? This is the personnel. May I get a motion to approve 14.2 and 14.3?

[16447] Bowen Zhang: I'll move to approve 14.2 and 14.3.

[16450] SPEAKER_31: Motion made by Member Grindel and seconded by Member Nguyen. Member Grindel, how do you vote? Yes. Member Hill, how do you vote?

[16470] Aiden Hill: No.

[16471] SPEAKER_31: Member Nguyen, how do you vote?

[16474] Jodi Croce: Yes.

[16475] SPEAKER_31: My vote is yes as well. Motion carries with three ayes. Member Hill voted no.

[16481] Aiden Hill: So superintendent, I guess... Yeah, so I'd like to explain why I voted no.

[16488] SPEAKER_31: Okay, go ahead.

[16489] Aiden Hill: Okay. So on the personnel report, right? So what we're... discussing here is not only people that are leaving, but people that we've hired. As was noted in earlier comments, superintendent appointed a person as principal prior to really reviewing any of this stuff with the board and getting our approval. And based on my evaluation after the fact, I don't believe that the principal that we're appointing, I'm sure she's a nice person. I've never met her, but has no prior principal experience, no prior vice principal experience, no administrative experience. And so, as I mentioned before, if we want to go to the Super Bowl, we got to have a Super Bowl team, people that have been there. This person hasn't been there. I don't think it's an appropriate hire. That's why I voted no.

[16544] SPEAKER_38: Just a point of order to be cautious when speaking regarding personnel matters.

[16550] SPEAKER_31: Superintendent, and I guess it's time for you to bring up the, I guess, one of the two, I mean, two of the new hires, I believe they're waiting in the Zoom.

[16560] Terrence Grindall: Thank you, President Jeon. Yes, we'd like to call forth the two newest members of our leadership. And I believe Ms. Ingham-Watters is going to speak a little bit about each of these new leaders. We're very excited for both of them to be joining the team.

[16583] Nicole Pierce-Davis: Thank you, Dr. Triplett. All right.

[16588] SPEAKER_19: Pleased to introduce to the community, Ms. Olivia Wong. Olivia draws from her diverse career in education when sharing about her experiences in teaching and learning. She knows that education should strive to make environments that are motivating and challenging for students. Olivia is an educational leader with a 22-year background in both the public and private sectors of education, serving diverse communities. She has experience in teaching in classrooms at the elementary level, coaching new educators, providing professional development, instructional leadership, and strategic implementation of technology. Olivia is honored to be the principal of BGI in Newark Unified School District, and she's committed to working closely with BGI teams and takes pride in continuing the delivery of each task to a high standard. We'd like to welcome Miss Olivia Wong to Newark unified school district. Olivia if you would like to say hello you're more than welcome to.

[16659] SPEAKER_26: Thank you missing from waters Thank you board. Thank you, Dr. Triplett. Thank you for the opportunity to serve Newark Unified students and families. It is with great honor and privilege to join the Birch Grove Intermediate Community. And I do truly believe that the district and our school sites are deeply rooted in core values and it is reflected in the staff at BGI. And so my commitment is to build this community and to continue the strong progress that's been happening and With all the instructional practices in place, my goal is to continue this growth and commitment as we enter into the new school year. So I'm very excited for this opportunity. And again, thank you board. And I look forward to hopefully being an official principal for BGI.

[16711] SPEAKER_19: Thank you, Olivia. I would also like to share some information about our new assistant principal at Newark Memorial High School, Mr. Gilbert Armenta. We did see him in as a panelist earlier today. We do not see him anymore. If we see him, we will let him into the meeting. But I would like to share a little bit of his background as well. Mr. Armenta began his educational career in Arizona as a first grade teacher. Soon after, he joined the Peace Corps as a teacher of the blind in Morocco. Gilbert has a BA in psychology and elementary education. a master's in curriculum and teaching, and is currently a doctoral candidate to earn his EDD in educational leadership. Over the last 20 years, Mr. Armenta has supported students and families around the world, both as a teacher and administrator. As one of two assistant principals at Newark Memorial, Mr. Armenta will be working with the 10th and 12th grade community. as well as supporting the language, ELD, and science department. He will also work with district, state, and specialty assessment for 10th and 12th grade students, as well as the WASC accreditation process. Welcome Mr. Armenta to Newark Unified.

[16800] SPEAKER_31: Welcome, welcome to new members of Newark Unified, and thank you, Ms. England Waters. Moving on to consent calendar, I would like to pull consent calendar 15.22 and 15.23. So 22 and 23. So I move that we'll approve all the consent calendar except 15.22 and 15.23. Can I get a second? I'd like to add one to that. Yeah.

[16836] Aiden Hill: 15.10 individual service agreement with Solstice.

[16840] SPEAKER_31: Okay. So I guess the motion I move the motion is to approve consent. Approve the consent calendar, 15.1, 15.2 resolution 2021.2020, 2021.22.01 declaring surplus equipment 15.3, attendant moving services contract. 15.4, refrigerator truck for child refrigeration services. 15.5, contract amendment number one with integrated design studio for the irrigation and planting project at multiple sites. Can somebody mute? I think in the room there is. 15.4, 15.6, Consolidated Application and Reporting System 2020 to 2021, Spring Data Collection. 15.7, 2021 to 2022, Lease Agreement between Cadengo Inc. and NUSD. 15.8, Agreement with ThinkTogether for ASES for 2021, 2022, 2022 to 2023, 2023 to 2024. 15.9, Master Contract with Master contract with Solstice Residential Treatment Center. So actually, Member Hill, are you willing to pull both 15.9 and 15.10? Because these two actually go together. One is the master contract, the other is an individual service.

[16934] Aiden Hill: Yes, sorry, I didn't catch that. Yeah, so it's both the same topic.

[16941] SPEAKER_31: Okay, so 15.9, 15.10, 15.11, independent contractor agreement with therapy traveler for school nurse. 15.12, master contract with Achieve Kids. 15.13, individual service agreement with Achieve Kids, ISA 22-03A. 15.14, individual service agreement with Achieve Kids, ISA 22-03B. 15.15, master contract with Inova Center for Education. 15.16, individual service agreement with Avona, ISA 22-04A. 15.17, master contract with Arthur B. Clerk. 15.18, individual service agreement with Arthur B. Clerk, S.A. 22-05A. 15.19, individual service agreement with Arthur B. Clerk, S.A. 22-05B. 15.20, master contract between Pacific Artisan Center for Education, PACE and NUSD. 15.21, individual service agreement with Pacific Autism Center for Education, PACE, ISA 22-028. Skipping 15.22 and 23. 15.24, Dennis Woldeberg-Cowley, attorney at law, agreement for legal services, 2021-2022. 15.25, Atkinson Adelson, lawyer, rude, and Romo, attorneys at law, agreement for legal services, 2021-2022. 15.26, Fagan, Fretman, Fulforth, LLP agreement for legal services, 2021 to 2022. 15.27, Lozano, Smith, attorneys at law agreement for legal services, 2021 to 2022. 15.28, William, Uniform Complaint Quarterly Report, April 1st to June 30th, 2021. 15.29, Warren Report for June 2021. 15.30, Donations Report. 15.31, minutes of the June 15th, 2021, special meeting of the Board of Education. 15.32, minutes of the June 17th, 2021, regular meeting of the Board of Education. 15.33, minutes of the June 29th, 2021, special meeting of the Board of Education. May I get a second?

[17079] Bowen Zhang: I'll second.

[17080] SPEAKER_31: Seconded by Member Guendou. Member Guendou, how do you vote?

[17084] SPEAKER_18: Yes.

[17085] SPEAKER_31: Member Hill?

[17086] SPEAKER_18: Yes.

[17088] SPEAKER_31: Member Nguyen? Yes. My vote is yes as well. Motion carries with four ayes.

[17097] SPEAKER_38: Going back to the- President Ajan, before you go back, would you like to read the donations report?

[17103] SPEAKER_31: Sorry, sorry. Superintendent Triplett, can you read a donation report?

[17109] SPEAKER_24: Absolutely. Thank you, President Ajan. Let me just pull that up.

[17118] Terrence Grindall: Okay, we have two donations for this period. First, $60 for Newark Unified School District from an anonymous individual PG&E employee donation to Newark Unified School District. The second one, also anonymous individual PG&E employee donation for $120 for principal donation at Newark Memorial High School. Thank you for thank you donors for both of these generous donations.

[17150] SPEAKER_31: Thank you. Going back to 13.10 and going back to 15.9 and 15.10. So the residential treatment center member Hill.

[17164] SPEAKER_38: So I'm sorry to interrupt if it's all right with the board. Can we begin with the other items as we are trying to get the director of special education on. Would that be all right?

[17177] Terrence Grindall: Yeah, I apologize. She was on and must be experiencing technical difficulties because then suddenly she dropped off.

[17184] SPEAKER_31: Yeah, so I put 22 and 23 was, I mean, it's just a small question. I think I didn't It's regarding that, I think we say we have some, based on the staff, staff responding to my prior meeting, my prior question to the board, for the board meeting. Do we have any modification to make a master contract? Because I believe there are some saying a lot of 1522 and 22 and 23 lack of a master contract. Is that true or we don't need a master contract for this?

[17216] Marie dela Cruz: My understanding is there's no need for a master contract here because every, service provider needs a separate contract. So this is for the teachers, consultants that we need because we're still trying to find the regular FTE for it.

[17241] SPEAKER_31: And the budget source is actually special education rather than the expanded learning grant, right?

[17246] SPEAKER_38: And we have Dr. Hamilton already on the line as well.

[17249] SPEAKER_31: Yeah, so our move that we approve 15.22 and 15.23 with the funding source of special education. May I get a second?

[17259] SPEAKER_38: Actually, President Zhang, in this situation, since we already moved them, can we approve each one separately?

[17265] SPEAKER_31: Okay. So I move that we appoint 15.22, the contract with ATX Learning for Special Education at BGP with the funding source of special education. May I get a second?

[17284] Jodi Croce: I'll second.

[17286] SPEAKER_31: Seconded by Member Nguyen. Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[17293] Jodi Croce: Yes.

[17295] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. I move that we approve 15.23 contract with ATX Learning for special education teacher at Newark Memorial High School with the funding source changed to special education. May I get a second? I'll second. Seconded by Member Grindel. Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[17325] Jodi Croce: Yes.

[17326] SPEAKER_31: My vote is yes. Motion carries unanimously with four ayes. Going back to 15.9 and 15.10. I believe we have Dr. Hamilton there. So Member Hill, you pulled this item.

[17343] Aiden Hill: Yeah, so I don't have the detailed agenda in front of me right now, but my recollection is that this was one of the only unbudgeted items in here and the amounts were in the hundreds of thousands of dollars. And so I'd like to get a little bit more detail on exactly what this is.

[17363] SPEAKER_32: That was for Solstice. It's a residential treatment center for a student with extremely high needs.

[17372] SPEAKER_31: So member Hill, these two items were budgeted by the special education, just like the two items I pulled previously.

[17379] Aiden Hill: But I thought it said unbudgeted in the report.

[17382] SPEAKER_31: On the agenda item in front of me, yeah, oh, I see. I think the budget says no, but the budget source is special education.

[17392] SPEAKER_32: That's correct.

[17397] Aiden Hill: So is this an unusual thing that we don't normally do?

[17402] SPEAKER_32: to have the student in a residential treatment center?

[17406] Aiden Hill: Yeah.

[17407] SPEAKER_32: It's the most restrictive of all. Board member Hill, it's not something that happens very often, but it does happen, indeed, yes.

[17418] SPEAKER_31: Okay. So I guess his question is, if you look at the agenda item, on the agenda item detail on the budget, it says no, even though the budget source is special education, just like the previous two items I pulled. I guess that's his question. the budget says yes rather than no.

[17436] SPEAKER_32: It should have special education budget on it.

[17439] Marie dela Cruz: No, I think the question is, was this budgeted? And the answer is no, because this was not something that we had expected when we adopted the budget. So that's why it says no.

[17452] Aiden Hill: OK. And do we, but do we ever, when we are putting the budget together, ever put kind of categories and like that this could be like a potential category?

[17465] Marie dela Cruz: Yeah, we try to anticipate as much as we can based on either history or the information that we have at the time.

[17475] SPEAKER_32: Currently in our district, we have seven students in non-public schools, which is a relatively low ratio to many other districts. But on occasions, we do have students that do need residential treatment center facilities, and we usually try, we monitor them very tightly, and we try to transfer them back as soon as they're ready to do so in a safe way.

[17502] Aiden Hill: Okay, so this is an unusual situation.

[17505] SPEAKER_32: Correct. Okay. It can happen though, and there is certain funding particularly for residential treatment centers, which is very restricted for mental health services.

[17517] SPEAKER_31: Okay. Okay, thank you. Yeah, so one other comment I like historically that I found out on the district is, even though these items are actually unexpected and budgeted, when we close the building in September, generally you have quite a bit of encumbrance on a special ad area where we anticipate, try to anticipate as much as possible, oftentimes, the realized expense is actually lower than we anticipated. That's why sometimes you have a little bit buffer on the special app. So that's historically happened in the past two years. So I wouldn't worry that much about this, creating unexpected deficit on the budget. Okay. Anybody ready for a motion?

[17560] SPEAKER_38: And just at this point, we're voting on 15.9. Okay.

[17563] SPEAKER_31: So I move we approve 15.9, the master contract with Solstice Residential Treatment Center. May I get a second?

[17574] Jodi Croce: A second.

[17575] SPEAKER_31: Seconded by Member Nguyen. Member Grindel, how do you vote?

[17579] SPEAKER_18: Yes.

[17581] SPEAKER_31: Member Hill? Yes. Member Nguyen?

[17584] Jodi Croce: Yes.

[17585] SPEAKER_31: My vote is yes as well. Motion carries unanimously with four ayes. 15.10, I'm, I move that we approve individual service agreement with Salsas ISA 22-018. May I get a second? Seconded by member Nguyen. Member Guendel, how do you vote?

[17609] SPEAKER_18: Yes.

[17611] SPEAKER_31: Member Hill? Yes. Member Nguyen?

[17616] Jodi Croce: Yes.

[17618] SPEAKER_31: My vote is yes as well. Motion carries with four ayes. Thank you, Dr. Hamilton. Have a great rest of the night.

[17625] SPEAKER_32: You too. Thank you, everyone.

[17628] SPEAKER_31: Board of Education Committee reports. Anything from, I guess, Member Martinez is, former Member Martinez is no longer here. Nothing from SELPA? Anything from the Liaison Committee?

[17645] Jodi Croce: No.

[17649] SPEAKER_31: Anybody from the, I believe there's nothing for EBIC. Anything from the Audit Committee? Nothing to report. I believe nothing from Partial Tax either. Board of Education request? Member Grindell?

[17668] Bowen Zhang: Nothing tonight. Member Hill?

[17673] Aiden Hill: Yeah, I'd like to request, so it's my understanding from our prior year, that there were a number of grievances that had been filed. And we the board right now really don't have any visibility into those grievances. And so I'd like to request that we put an agenda item on to, you know, to discuss this and to actually maybe have this, have a grievance report or topic as a standing item to review in our closed session meetings.

[17707] SPEAKER_31: When you say grievances, can you clarify, is it employee grievances or?

[17710] Aiden Hill: Yeah, correct. Employee, you know, and coming from the union, et cetera, correct.

[17716] SPEAKER_31: Okay. We can be placed onto the agenda for the next meeting. Okay. Sorry, is this requesting? This is not requesting staff time. It's just putting this onto the agenda.

[17731] SPEAKER_38: So just for clarification, Member Hill, you're asking to have this on the agenda item so you could discuss why you want to have this?

[17739] Aiden Hill: Yeah, I mean, we can discuss it in more detail. I mean, however people want to talk about it. But my ultimate request, and if we need to do it later, if we want to do it now, is that we have a standing agenda item on closed session to review any grievances that are coming up.

[17762] SPEAKER_31: Okay. Member Nguyen.

[17767] SPEAKER_29: No requests at this time. Thank you.

[17775] SPEAKER_31: My only request is for superintendent. We have the superintendent report agenda item on the literary every meeting. I just hope superintendent, can you look into the other district practice, whether we have other district that plays major bullet point under the superintendent report. So that's my only request. And I guess whether I want to see a show of hands that any other board member that want the superintendent to spend time looking through this. So we have one hand from member Hill and one hand from member Wins and member Grindel. So we got four hands. So I guess this is not going to be a lot of staff time, but superintendent do look into the the practice of neighboring district and whether they are listing bullet points under a superintendent report, whether it's the school district in our neighborhood, like New Haven, Fremont, or a school district across the bay, like Cupertino or Palo Alto. Very good. Thank you, President.

[17836] SPEAKER_38: I do apologize, President Zhang. I do need additional clarification regarding member Hill's request, because at this point, I don't, I'm not clear if it's an agenda item or if it's a board request.

[17849] SPEAKER_31: It's a general item, and then just like our past practice, he will make his case why he's wanting this, and then the board decide whether we want to spend time on this. Thank you. Moving on to Board of Education Recognition and Announcements. Member Grindel.

[17869] Bowen Zhang: Yes, well, first of all, I just wanted to congratulate Elisa Martinez for being appointed to the Ohlone College Board. I enjoyed working with member Martinez and I've been impressed by her intelligence and passion. She will be missed on this board, but I believe she'll be a great representative on the Ohlone Board and help our community. I know that it will help to fulfill Vivian Larson's passion for Ohlone College. She's not going very far, so I look forward to, and I'm sure other board members do too, in working with her in cooperation and strengthening the relationship between Ohlone College and Newark Unified School District. I also want to just say that I'm excited to see the school about to start. And I really want to extend my thanks and appreciation to staff who worked diligently over the summer to be ready to bring a full year of in-class instruction to our students. So I just wanted to compliment staff for all the hard work that you've done during the summer. Thank you.

[17947] SPEAKER_31: Member Hill.

[17951] Aiden Hill: Yeah, echoing member Grindel. Yeah, I just want to thank all. I mean, so we board members got a few weeks off in July, not having to come to board meetings, but want to thank all of the staff and everybody in the district who continue to work and keep the wheels moving, the trains running on time. So thank you very much.

[17975] SPEAKER_31: Thank you. Member Nguyen.

[17980] SPEAKER_29: I would also like to echo the same sentiments as Member Grindel for Member Martinez. And I just wanted to also add, and sorry, I'm getting a little emotional, because I think that she's an amazing person, an advocate, a mom, daughter, sister, and great friend to our community and serving on the school district. And I know that she's going to do an amazing job representing the community as a new Ohlone board member and also I believe that she will have no problems filling Vivian Larson's shoes. and she will represent Vivian's legacy very well. So I wanna congratulate you, Ms. Elisa Martinez and wish you all the best in your new adventure serving on the Ohlone board and looking forward to continuing to collaborate with you and the school district on new initiatives for our students so that we can continue to bridge the gap. And then, For our students and families i'm excited for us to welcome you all back and our teachers and staff. This past year has been. I don't know crazy unpredictable. And we all. managed through it and have done quite a lot and I just wanted to also commend our district staff. A lot of times I feel like their work is overlooked. We have had new leadership come in and they have You know, continue to work diligently doing an amazing job at facilitating, you know, mind you that we did consolidate schools. We also are working on finishing the bond projects, and those are all huge accomplishments. in a short amount of time within the last two years. And yes, we found ourselves in situations where, you know, we can be unhappy at times with things that are going on in the district, but we have to remember that, you know, we need to practice compassionate, being more compassionate and kind and try to lift each other up as a community instead of continuously tearing each other down. And I think that's in retrospect of where we are as a nation. And I just hope that this year moving forward in the new school year, that we continue to work really hard on trying to better ourselves and better understanding where other people are coming from through all walks of life. And try to try to walk in other people's shoes and see how you would react or not react to certain situations, but to to really try and understand your fellow neighbor your friend your co worker, we all need to do better, and when we do better. Our kids will do better for for all of that, and so I just hope that we really do try and practice kindness and move forward and work collectively together instead of. Instead of. You know, trying to find blame or. or making others feel less than. So I think it's always better to lift other people up. So I just wanted to finish on that note. And I'm excited for all of our staff to get started on the new school year. And I'm so appreciative of all of your hard work and excited to see us all coming together for a successful school year. Thank you.

[18220] SPEAKER_31: Thank you, Member Nguyen. I want to echo Other board members comment on former trustee Elisa Martinez. So my impression about Elisa is, Elisa was elected in the 2018 school board election. And some of you may not know, she was actually the first person in the past 20 to 30 years in Newark history to win a school board election by taking out an incumbent. That was very, very unusual accomplishment that should give credit to her. And some of you also know why I was first appointed. I was not her top choice. But despite our initial differences, we gradually built a constructive and healthy working relationship and trust for the public good. Every day, I saw her passion for what she believes in, and she fought for what she believes in, for the kids and for our greater community. While we might not see eye to eye on every issue, but we've always respect each other while we're standing on the opposite side of certain issues because we believe that well-intentioned people can have genuine differences. So I wish her all the best in her new position. And I also want to echo member Wynn's comment regarding the new year and the aspiration for the new year and the expectation for our community. I think she could not have said better. So thank you everyone. Next will be Superintendent, conclusion remarks. Arthur Koeppler.

[18314] Terrence Grindall: Thank you, President Jun, and thank you, board members, for all of your thoughtful questions and comments and discussion this evening. I too want to appreciate Vice President Nguyen for your eloquent words. I think they're very, very important and well taken. We're all only going to make this world better through love. And and not not through hate and so I really appreciate what you said. And that's what we owe to our students and the future. A couple things. First of all, I heard the request one I'm just make sure I have them so member Hill request about making the grievances, an agenda item. And then I heard consensus around the superintendent report doing some looking into what are some practices of other districts with regard to. Bulleting the superintendent report in advance, and then I did I also heard earlier and just want to make sure that this was the consensus of the board. Member Wynn brought up the I-Ready results from this past year and future agenda, sharing those results and discussing strategies for how we're going to continue to improve. I'm assuming that that was a consensus of the whole board, is that correct? Yeah, I believe so. Okay, thank you just wanted to make sure we had that on record. And, and I too want to echo the sentiments about member Lisa Martinez. Congratulate her and appreciate her. She, she is an equity equity warrior, and a dedicated civic leader and should be very, very missed I think on this board and in the district, but we look forward to continuing to collaborate in her new position. And then lastly, I wanted to bring up to the board. Typically, we would have the next board meeting on the 19th of August, which is the third Thursday. And I wanted to request to the board, unfortunately, I'm going to be unable to attend a meeting on the 19th and wanted to request to the board if we could hold this upcoming meeting on the 18th, if that's okay.

[18454] SPEAKER_31: I'm fine with moving on to the next next Wednesday. Any objections from the other board members?

[18465] SPEAKER_29: I might have a conflict, but because of due to some new assignments at work, I have to cover a couple of commission meetings on the third Wednesday of the month. But I will get back to you on that one. So tentatively, I think it's OK.

[18485] Bowen Zhang: It's OK with me.

[18493] Aiden Hill: and tentatively okay with me. My school starts not next week, the following week, but next week I should know the full schedule. I don't think there'll be a conflict, but I'll confirm as soon as I get that schedule, which should be Monday or Tuesday of next week.

[18508] SPEAKER_24: Thank you. Thank you all. And we'll reconnect member Hill and member Lange.

[18514] Terrence Grindall: My older daughter is going off to college for the first time and I'm taking, I'm driving her down there. getting her settled into her dorm. So I appreciate you all's understanding about that. Lastly, just reiterate how excited we are for this upcoming school year. Our staff is excited. I know the students are really excited and I'm really hopeful and optimistic this is going to be a really amazing year. And so I'm glad to be here and glad to be jumping into it. Thank you all.

[18548] SPEAKER_29: I have clarification. I'm okay on the 18th, so I just checked my calendar, so we're good.

[18553] SPEAKER_24: Oh, thank you, Member Nguyen.

[18556] SPEAKER_31: I move to adjourn the meeting. May I get a second?

[18560] SPEAKER_29: I second.

[18561] SPEAKER_31: Seconded by Member Nguyen. Member Guendon, how do you vote?

[18564] SPEAKER_18: Yes.

[18565] SPEAKER_31: Member Hill? Yes. Member Nguyen?

[18569] Jodi Croce: Yes.

[18570] SPEAKER_31: My vote is yes. Motion carries with four ayes. Yeah, meeting adjourned at 1041 p.m. Everybody, good night.

1. CALL TO ORDER

Virtual Meeting Practices and Information

Type Information, Procedural VIRTUAL MEETING INFORMATION The district boardroom will be closed to the public, and 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. The Governor of California's Executive Order N-29-20 of March 17th, 2020.

OBSERVE THE BOARD OF EDUCATION MEETING Members of the public may observe the meeting via the NUSD YouTube Channel, and public comments will be accepted via a Zoom Webinar with advance notice requested by email. Spanish translation will be available via Zoom.

PUBLIC COMMENT The public will have the opportunity to address the Board of Education regarding non-agendized matters and agendized items with a LIVE comment or a WRITTEN comment by submitting a speaking card via email at PUBLICCOMMENT@newarkunified.org. Live comments will be transmitted via Zoom with audio-only.

Roll Call

Type Procedural TRUSTEES President Bowen Zhang Vice President/Clerk Phuong Nguyen Member Elisa Martinez Member Terrence Grindall Member Aiden Hill

STUDENT BOARD MEMBER Member Estaina Resendiz Ortiz

2. APPROVAL OF AGENDA

Approval of Agenda

Type Action, Discussion

                       The recommendation is that the Board of Education approve the agenda for this meeting.

Recommended Action PURPOSE: Members of the Governance Team may request that the agenda be amended or approved as presented.

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

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

3. CLOSED SESSION

Public Comment on Closed Session Item

Type Procedural PURPOSE: The Board of Education encourages the community's participation in its deliberations and has tried to make it convenient to express their views to the Board. If a constituent wishes to address the Board on any agenda item, please fill out a virtual speaker card via email at PUBLICCOMMENT@newarkunified.org.

Public Employee Discipline/Dismissal/ Release (GC54957)

Type Action, Discussion, Information, Procedural PURPOSE: Information will be provided by the Superintendent and Executive Director of Human Resources.

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

Type Action, Discussion, Information, Procedural PURPOSE: Information may be provided by the agency negotiator, Executive Director of Human Resources. Assistance from the 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 [Superintendent]

Type Action, Discussion, Information, Procedural PURPOSE: Information may be provided by the agency negotiator, the Executive Director of Human Resources, and the Superintendent. Assistance from legal firm Dannis, Woliver, Kelley, Attorneys at Law may be provided.

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

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

Type Action, Discussion, Procedural PURPOSE: Information may be provided regarding significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case

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

Type Action, Discussion, Information, Procedural PURPOSE: To discuss the following case(s):

OAH Case No. 2021050215 Bretz v Newark Unified School District Keenan Claim # 569505

Recess to Closed Session

Type Procedural PURPOSE: The Board will recess to Closed Session, and reconvene to Open Session on or about 7:00 p.m.

4. RECONVENE TO OPEN SESSION

Pledge of Allegiance

Type Procedural PURPOSE: The Governance Team will recite the Pledge of Allegiance

5. REPORT OF CLOSED SESSION ACTIONS

Report of Closed Session Actions

Type Action, Procedural PURPOSE: If available, a report of the closed session will be provided by the Board President.

6. 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: Vicenta Ditto

7. RECOGNITIONS AND CELEBRATIONS

Staff Spotlight

Type Information PURPOSE: To recognize the wonderful accomplishments of our NUSD Team.

BACKGROUND: The presentation will be provided by the Superintendent.

8. PUBLIC COMMENT ON NON-AGENDA ITEMS

Public Comment on Non-Agenda Items

Type Procedural PURPOSE: The Board of Education encourages the community's participation in its deliberations and has tried to make it convenient to express their views to the Board.

BACKGROUND: Please see the instructions on 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=C4Q2D4019F40

9. SUPERINTENDENT REPORT

Superintendent Report

Type Information PURPOSE: The superintendent will provide the Board of Education with district information, updates, news, or anything in the jurisdiction of the board or the superintendent.

BACKGROUND: The presentation and information will be provided by the Superintendent

10. STAFF REPORT

LCAP Local Indicators Presentation 2020-2021

Type Discussion, Information PURPOSE: The purpose of this agenda item is to report out the local indicator results related to NUSD's 2020-2021 Local Control and Accountability Plan (LCAP).

BACKGROUND: The State Board of Education (SBE) approved standards for the local indicators that support a local educational agency (LEA) in measuring and reporting progress within the appropriate priority area. The approved performance standards require an LEA to do the following. Annually measure its progress. Report the results as part of a non-consent item at a regularly scheduled public meeting of the local governing board/body. Report results to the public through the CA School Dashboard for each local indicator.

File Attachments 2020-2021 Local Indicators Board Presentation 8.5.21.pdf (930 KB)

Update on ForeFront Power Solar Projects at Newark Memorial High School and Newark Jr High School

Type Discussion, Information PURPOSE: To provide the Board with an update on the progress of the solar projects at Newark Memorial High School and Newark Jr High School.

BACKGROUND: The last update on the Solar Project provided to the Board was on March 18, 2021, and prior to that December 3, 2020.

On November 7, 2019, the Board approved the Power Purchase Agreement (PPA) between Newark Unified School District & ForeFront Power for solar facilities and battery energy storage systems at Newark Memorial High School and Newark Junior High School including the option for the district to incorporate costs such as, but not limited to, inspector fees, DSA fees, PG&E upgrades, and ADA compliance requirements, currently estimated at $100,000 for both sites.

ForeFront Power gave presentations to the Board on May 16, 2017, and August 1, 2019. Inspector fees (estimated cost $20,000 per site), DSA fees, PG&E upgrades and ADA compliance upgrades (estimated cost if needed is $30,000 per site) are the district's upfront costs; however, the PPA will incorporate these costs and the district will be reimbursed or ForeFront will pay for them directly. ForeFront Power worked with NUSD in 2017 to submit interconnection applications to get the District grandfathered on lucrative Time of Use rates. SPURR, the Joint Powers Authority, ran a statewide RFP (Request for Proposal) process in 2017 for solar and storage systems that K12 Districts can "piggyback" off to procure solar facilities, storage systems, and EVCS (Electric Vehicle Charging Stations). Eight companies submitted proposals and the RFP was awarded to ForeFront Power. ForeFront Power has updated the numbers since 2017 and presented a district wide solution in the Board Study Session on August 1, 2019. After careful consideration, the District determined that as Phase I of this project, Newark Memorial High School and Newark Junior High School would be the best locations to initially install solar facilities to start this project. Initial estimates indicated that the District could save $145K (25%) in year 1, and $4.6 million over 20 years with this solar solution, using very conservative assumptions. Phase II of this project would potentially include other school locations in the future. The PPA includes a buyout option after year 5. Other Districts who have partnered with ForeFront Power through the use of the SPURR REAP (Renewable Energy Aggregated Procurement) RFP include: Central USD (in Fresno) Stockton USD Fresno USD (4th largest school district in the state) Shasta Union High School District Paso Robles JUSD South Monterey County JUHSD Bakersfield CSD Sierra CCD State Center CCD Kings Canyon USD

File Attachments

ForeFront Presentation 7.30.21 BT 8-5-21 Board Meeting.pdf (2,535 KB)

11. BOARD OF EDUCATION AGENDA REQUESTS

Addendum to Employment Agreement between Newark Unified School District and District Superintendent

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $4,400.00

Budgeted No

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the addendum to the Action employment agreement between Newark Unified School District and District Superintendent for a 2% one-time, lump-sum payment for the 2020-21 school year. PURPOSE: The Board of Education will consider approval of the addendum to the employment agreement between Newark Unified School District and District Superintendent for a 2% one-time, lump-sum payment for the 2020-21 school year.

BACKGROUND: The Superintendent's Employment Agreement became effective July 2, 2020, and is for a 3-year term, ending on June 30, 2023. The agreement states that "At the discretion of the Board, and based on Superintendent's merit, job performance, District fiscal considerations, and any other criteria determined relevant by the Board, the Board may grant a compensation increase for any year of the Agreement. Specific Board action, approving a written amendment to this Agreement in open session, is required to approve any such salary increase. Any salary increase shall not be considered either as entering into a new Agreement or extending the term of this Agreement."

After the Board conducted the Superintendent's evaluation, the Board requested this agenda item be brought forth to consider approval of an addendum to the employment agreement between Newark Unified School District and District Superintendent for a 2% one-time, lump-sum payment for the 2020-21 school year.

File Attachments Contract_Addendum_Superintendent 20-21 2 pct lump sum payment.pdf (15 KB)

Motion & Voting The recommendation is that the Board of Education approve the addendum to the employment agreement between Newark Unified School District and District Superintendent for a 2% one-time, lump-sum payment for the 2020-21 school year.

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

12. OLD BUSINESS

Public Disclosure of NEWMA 2021-22 Salary Increase

Type Discussion, Information PURPOSE: To provide the Board additional information on the 2021-22 salary increase for NEWMA (Newark Management Association) per Alameda County Office of Education (ACOE) guidance and FCMAT (Fiscal Crisis Management Assistance Team) recommendation.

BACKGROUND: On June 3, 2021, the Board approved a 2021-22 salary increase for NEWMA. NEWMA includes Certificated Management, Classified Management, Confidential, Classified Supervisory, Behavioral Specialists, and Occupational Therapists. The NEWMA salary increase on the salary schedules for 2021-22 is 1% effective July 1, 2021, and 1.5% effective February 1, 2022. The fiscal impact on the General Fund is $79,011 for 2021-22.

Although not specifically required by Government Code and Education Code provisions, ACOE and FCMAT recommend that it is best practice to provide information on the impact of salary increases for unrepresented employees, such as NEWMA.

File Attachments AB 1200 form_NEWMA 21-22_8-5-21 Board Mtg.pdf (93 KB)

13. NEW BUSINESS

Independent Study Board Policy Revision to Meet New State Regulations AB/SB 130

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact No

Recommended The recommendation is that the Board of Education approve the updated Board Policy 6158 Action and Administrative Regulation 6158 (Independent Study). PURPOSE: The purpose of this agenda item is to update Board Policy 6158 and Administrative Regulation 6158 (Independent Study), regarding the independent study program and its alignment with new AB/SB 130 regulations.

BACKGROUND: Governor Gavin Newsom signed Assembly Bill (AB) 130 into law on July 9, 2021. This bill makes changes to the independent study (IS) program, and establishes IS programming as an alternative educational option to in-person instruction. Some important changes include the Independent Study offering requirements, a provision for waivers of the offering requirements, as well as required parent notification, pupil-parent-educator conferences, and additions to board policies and written agreements.

File Attachments AR 6158 Track Changes.pdf (378 KB) BP 6158 Track Changes.pdf (494 KB)

Motion & Voting The recommendation is that the Board of Education approve the updated Board Policy 6158 and Administrative Regulation 6158 (Independent Study).

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

45-Day Budget Revision 2021-22

Type Action, Discussion

Recommended The recommendation is that the Board of Education accept and approve the report on the Action 45-day budget revision as presented. PURPOSE: The purpose is to advise the Board, and the public, concerning the impact of the State Enacted Budget on the District's Adopted Budget.

BACKGROUND: The Board approved and adopted the District's 2021-22 budget on June 29, 2021.

The 2021-22 State Budget was signed by the Governor on June 28, 2021. Not later than 45 days after the governor signs the Budget Act, school districts must make available to the public any budget revisions made to include the funding made available by that Budget Act [E.C. 42127].

File Attachments 2021-22 45 day budget revision.pdf (173 KB)

Motion & Voting The recommendation is that the Board of Education accept and approve the report on the 45-day budget revision as presented.

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

Change Order #1 and Change in Funding Source for NJHS Stairs Project

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $21,353.65

Budgeted Yes

Budget Source Fund 25 Capital Facilities Fund

Recommended The recommendation is that the Board of Education approve Change Order #1 and the Action change in funding source for the Newark Junior High School Stairs Project from Fund 40 to Fund 25 as presented. PURPOSE: To approve Cal Pacific Change Order #1 scope adjustments in the amount of $21,353.65 for the Newark Junior High School (NJHS) Stairs Project and to change the funding source from Fund 40 Special Reserve for Capital Outlay Projects to Fund 25 Capital Facilities Fund.

BACKGROUND: The Board approved the contract with Cal-Pacific Construction Inc. for the NJHS Stairs Project on June 17, 2021. The base contract awarded to Cal-Pacific was for $631,000.00. The approved budget included a $37,142 contingency for unforeseen items such as these.

This action item is to approve Change Order #1 which entails the following:

   1   Time and material work performed on 7/13/21 to fixexisting 4" transit pipe per RFI#5$ 2,369.08
       Additional cost to provide AGAVE Bracteosa plants 5
   2   gal per comments on submittal #15 request for the                      $ 2,169.42
       quantity.
   3   Additional cost for the scope of work to remove andreplace areas that are not ADA compliant per RFI #3$ 3,609.29
   5   Time & Material cost to repair unforeseen damaged4" transit pipe per RFI#7$ 1,975.84
   6   Time and Material for new irrigation line per ASI # 1                  $ 9,086.56
   7   T & M for work on 7/23/21 to fix existing unforeseen4" transit pipe per RFI # 7$ 2,143.46

                                                         TOTAL               $ 21,353.65

The Board approved the project under Fund 40 Special Reserve for Capital Outlay Projects; however, after consultation with legal counsel, it was determined that the project could be funded with Capital Facilities Fund (Fund 25). The fund balance in Fund 25 is $19.4M and $10.2M in Fund 40.

Motion & Voting The recommendation is that the Board of Education approve Change Order #1 and the change in funding source for the Newark Junior High School Stairs Project from Fund 40 to Fund 25 as presented.

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

Bid Award of Landscaping and Irrigation Project: Group 2 Schools

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $1,254,414.00

Budgeted Yes

Budget Source Bond Measure G and Fund 40 Special Reserve for Capital Outlay Projects

Recommended The recommendation is that the Board of Education authorize staff to award the base bid Action and select alternates to the lowest, responsible and responsive bidder, Bortolussi & Watkin Inc for the Planting & Irrigation Project: Group 2 at Coyote Hills, Musick, Newark Memorial High School, Macgregor and the District Office as presented. PURPOSE: To authorize district staff to award the contract to the lowest, responsible and responsive bidder for the Landscaping and Irrigation Project: Group 2 Schools at Coyote Hills, Musick, Newark Memorial High School, MacGregor Campus, and the District Office.

BACKGROUND: On February 20, 2020, the Board of Trustees approved a list of projects for the balance of the Measure G Bond proceeds which included landscaping and irrigation projects. On August 20, 2020, the Board approved a list of landscaping and irrigation improvements at Birch Grove Primary, Birch Grove Intermediate, Graham (now known as Coyote Hills), Kennedy, Schilling, Lincoln, Musick, Newark Memorial High School, and MacGregor. Projects will bid in two increments.

On June 17, 2021, the Board approved the Landscaping and Irrigation Project Group 1, to Marina for a base bid of $535,400, which includes Birch Grove Primary, Birch Grove Intermediate, Kennedy, Schilling, and Lincoln Elementary Schools.

These projects have undergone a competitive bidding process. A Notice to Bidders was publicly advertised in the Argus Newspaper on June 25, 2021, and July 2, 2021. Mandatory pre-bid conferences occurred on July 7, 2021, and July 9, 2021. Plans were placed in industry plan rooms on July 12, 2021. Bids were publicly opened on July 27, 2021.

On July 27, 2021, three (3) bids were received. The lowest bid was submitted by Bortolussi & Watkin Inc. at $1,254,414 which includes a base bid of $559,141 and Alternates 1, 2-1, 3-1, 3-2, 3-3, 3-4, 4-1, 4-2, and 5-1 totaling $695,273.

The total construction cost for the Landscaping and Irrigation Projects Group 1 and Group 2 Schools is $1,789,814 which is within the budget reviewed by the Board on April 15, 2021. The total budget for landscaping and irrigation is $3,468,753 ($1,468,753 from Measure G and $2,000,000 from Fund 40 Special Reserve for Capital Outlay Projects).

This action item is: 1. To authorize staff to award the contract to the lowest, responsive, responsible bidder, Bortolussi & Watkin Inc. in the Base Bid amount of $559,141; and to review and consider an award of select Additive Bid Alternates: 2. Alternate 1�Graham-N/A: $1 3. Alternate 2-1 � Musick- Planting & Irrigation Area 2: $68,411 4. Alternate 3-1 � NMHS -Planting & Irrigation Area 5: $ 72,315 5. Alternate 3-2 � NMHS -Planting & Irrigation Area 6: $ 46,515 6. Alternate 3-3 � NMHS -Planting & Irrigation Area 7: $ 100,814 7. Alternate 3-4 � NMHS -Planting & Irrigation Area 1: $ 90,015 8. Alternate 4-1 � MacGregor NMHS -Planting & Irrigation Area 1& 2: $ 116,829 9. Alternate 4-2 - MacGregor NMHS -Planting & Irrigation Area 7,8A & 8B: $ 81,096 10. Alternate 5-1 - District Office Planting & Irrigation Areas 2,3, & 4: $ 119,277

For a total bid contract amount of $1,254,414.00 (base bid plus alternates) Attachments: Bid Results, Site Plans, Measure G Budget

File Attachments Plans for choosing alternates-Group 2 Schools Planting & Irrigation Key Plans.pdf (1,596 KB) Bid Results Planting & Irrigation Grp 2 NUSD.pdf (53 KB) Measure G Budget Update 4-15-2021.pdf (88 KB)

Motion & Voting The recommendation is that the Board of Education authorize staff to award the base bid (with anticipation of the credit for Musick) and select alternates to the lowest, responsible and responsive bidder, Bortolussi & Watkin Inc for the Planting & Irrigation Project: Group 2 at Coyote Hills, Newark Memorial High School, Macgregor, and the District Office as presented.

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

HVAC Equipment Purchase Authorized under Resolution 2020.21-030 Authorizing Staff to Acquire Equipment Using Sole Source

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $673,462.22

Budgeted Yes

Budget Source Measure G Bond

Recommended The recommendation is that the Board of Education accept the update on costs associated Action with the implementation of Resolution 2020.21-030 Authorizing Staff to Acquire Equipment Using Sole Source. PURPOSE: To update the Board on costs associated with the implementation of Resolution 2020.21-030 Authorizing Staff to Acquire Equipment Using Sole Source.

BACKGROUND: On May 20, 2021, the Newark Unified School District Board approved Resolution 2020.21-030 authorizing staff to acquire equipment using Sole Source. The resolution states, in part: The Board hereby finds and determines that appropriate Carrier HVAC units and Alerton Controls be the sole HVAC and EMS control brands used on the Project and that doing so is in the best interests of the District, its students, and the community; and the Superintendent, or designee thereof, is authorized to take all other actions as necessary to effectuate the intent of this Resolution.

The district purchased 99 WeatherMaster Gas/Electric Rooftop units for elementary school sites: Birch Grove Primary, Coyote Hills, Kennedy and Schilling. These items were purchased from Russell Sigler using a CMAS contract.

File Attachments Resolution 2020.21-030 for HVAC Project Sole Source_signed.pdf (156 KB) SIGLER~2.PDF (466 KB) Carrier Corp Contract - CMAS Award.pdf (380 KB) P21-01948_Russell Sigler.pdf (56 KB)

Motion & Voting The recommendation is that the Board of Education accept the update on costs associated with the implementation of Resolution 2020.21-030 Authorizing Staff to Acquire Equipment Using Sole Source.

Motion by Phuong Nguyen, second by Terrence Grindall.
Final Resolution: Motion Carries


Yea: Bowen Zhang, Phuong Nguyen, Terrence Grindall, Aiden Hill

Bid Award of the HVAC Units Replacement Project at Birch Grove Primary, Kennedy Elementary, Coyote Hills Elementary, and Schilling Elementary

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $2,993,000.00

Budgeted Yes

Budget Source Bond Measure G

Recommended The recommendation is that the Board of Education accept the withdrawal of bid from Action Trahan Mechanical due to clerical error as provided under the Public Contract Code, and authorize staff to award the HVAC Units Replacement Project to the lowest, responsible, and responsive bidder, S&H Construction as presented. PURPOSE: To authorize district staff to award the contract to S&H Construction for the HVAC Units Replacement Project at Birch Grove Primary, Kennedy Elementary, Coyote Hills Elementary, and Schilling Elementary.

BACKGROUND: On February 20, 2020, the Board of Trustees approved a list of projects for the balance of the Measure G Bond proceeds which included HVAC Replacement projects.

The Project includes replacement of 99 HVAC units at Birch Grove Primary (23 units), Kennedy Elementary (21 units), Coyote Hills Elementary (27 units), and Schilling Elementary (28 units),

This project has undergone a competitive bidding process. A Notice to Bidders was publicly advertised in the Argus Newspaper on June 25, 2021 and July 2,2021. Mandatory pre-bid conferences occurred on July 8, 2021 and July 13, 2021 and placed in industry plan rooms on July 7, 2021. Bids were publicly opened on July 27, 2021.

On July 27, 2021, three (3) bids were received. The first low bidder, Trahan Mechanical, withdrew their bid due to clerical errors. The second lowest qualified bid was submitted by S & H Construction at $2,993,000.00.

The total construction cost for the equipment purchase and the labor to install the units for this phase of the HVAC project is $3,666,462 which is within the Measure G budget of $4,788,938.

This action item is: To authorize staff to award the contract to the lowest, responsive, responsible bidder S & H in the Base Bid amount of $2,993,000; and to reject the Additive Bid Alternates to reinstall the GPS Ionization devices, which can be reinstalled at a later date if so determined.

File Attachments Bid Results HVAC 1 District Wide.pdf (56 KB) Measure G Budget Update 4-15-2021.pdf (88 KB)

Motion & Voting The recommendation is that the Board of Education accept the withdrawal of bid from Trahan Mechanical due to clerical error as provided under the Public Contract Code, and authorize staff to award the HVAC Units Replacement Project to the lowest, responsible, and responsive bidder, S&H Construction as presented.

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

Determination to Fill Board Vacancy and Timeline

Type Action, Discussion

Recommended The recommendation is that the Board of Education select ___________________ to fill the Action Board vacancy. PURPOSE: The purpose is to determine which process, special election or appointment, will be used to fill the vacancy on the Board of Education.

BACKGROUND: Member Martinez has accepted an appointed position on the Ohlone Community College Board and has resigned from the NUSD Board of Education. Her resignation took effect on July 28. The Education Code provides that the Board can decide whether the vacancy is filled by a special election or through an appointment made by the Board. The decision to call a special election or the Board's selection of the appointee must be completed within 60 days from the date of the board member's resignation. Depending on the Board's action, staff will return with a resolution calling a special election or begin an appointment process.

Board Bylaw 9223:

Events Causing a Vacancy A vacancy on the Governing Board may occur for any of the following events:

1. The death of an incumbent (Government Code 1770)
2. The adjudication pursuant to a quo warran to proceeding declaring that an incumbent is physically or mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his/her office for the remainder of his/her term (Government Code 1770)
3. A Board member's resignation (Government Code 1770) A vacancy resulting from resignation occurs when the written resignation is filed with the County Superintendent of Schools having jurisdiction over the district, except where a deferred effective date is specified in the resignation so filed, in which case the resignation shall become operative on that date. A Board member may not defer the effective date of his/her resignation for more than 60 days after he/she files the resignation with the County Superintendent. Upon being filed with the County Superintendent, a written resignation, whether specifying a deferred effective date or otherwise, shall be irrevocable. (Education Code 5090, 5091)
4. A Board member's removal from office, including by recall (Elections Code 11384; Government Code 1770)
5. A Board member's ceasing to be a resident of the district (Government Code 1770)
6. A Board member's absence from the state for more than 60 days, except in the following situations: (Government Code 1064, 1770) a. Upon district business with the approval of the Board b. With the consent of the Board for an additional period not to exceed a total absence of 90 days In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the Board. c. For federal military deployment, not to exceed an absence of a total of six months, as a member of the armed forces of the United States or the California National Guard

If the absence of the Board member for this purpose exceeds six months, the Board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the Board may appoint an interim member to serve in his/her absence. If two or more members of the Board are absent by reason of these circumstances, and those absences result in the inability to establish a quorum at a regular meeting, the Board may immediately appoint one or more interim members as necessary to enable the Board to conduct business and discharge its responsibilities. The term of an interim member appointed in these circumstances shall not extend beyond the return of the absent Board member or beyond the next regularly scheduled election for that office, whichever occurs first. 7. A Board member's ceasing to discharge the duties of his/her office for the period of three consecutive months, except when prevented by illness or when absent from the state with the permission required by law (Government Code 1770) 8. A Board member's conviction of a felony or any offense involving a violation of his/her official duties or conviction of a designated crime resulting in a forfeiture of office (Government Code 1770, 3000-3003) 9. A Board member's refusal or neglect to file his/her required oath or bond within the time prescribed (Government Code 1770) (cf. 9224 - Oath or Affirmation) 10. The decision of a competent tribunal declaring void a Board member's election or appointment (Government Code 1770) 11. The making of an order vacating a Board member's office or declaring the office vacant when the Board member fails to furnish an additional or supplemental bond (Government Code 1770) 12. A Board member's commitment to a hospital or sanitarium as a drug addict, dipsomaniac, inebriate, or stimulant addict by a court of competent jurisdiction, in which case the office shall not be deemed vacant until the order of commitment has become final (Government Code 1770) 13. A "failure to elect" in which no candidate or an insufficient number of candidates have filed to run for a Board seat(s) (Education Code 5090, 5326, 5328) Timelines for Filling a Vacancy When a vacancy occurs, the Board shall take the following action, as appropriate:

1. When a vacancy occurs within four months of the end of a Board member's term, the Board shall take no action. (Education Code 5093)
2. When a vacancy occurs longer than four months before the end of a Board member's term, the Board shall, within 60 days of the date of the vacancy or the filing of the member's deferred resignation, either order an election or make a provisional appointment, unless a special election is mandated as described in item #3 below. (Education Code 5091, 5093)
3. When a vacancy occurs from six months to 130 days before a regularly scheduled Board election at which the position is not scheduled to be filled a special election to fill the position shall be consolidated with the regular election. The person so elected shall take office at the first regularly scheduled Board meeting following the certification of the election and shall serve only until the end of the term of the position which he/she was elected to fill. (Education Code 5093) Eligibility In order to be appointed or elected to fill a vacancy on the Board, a person must meet the eligibility requirements specified in Education Code 35107. (cf. 9220 - Governing Board Elections) Provisional Appointments When authorized by law to make a provisional appointment to fill a vacancy on the Board, the Board shall advertise in the local media to solicit candidate applications or nominations. A committee consisting of less than a quorum of the Board shall ensure that applicants are eligible for Board membership and announce the names of the eligible candidates. The Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote. (cf. 9130 - Board Committees) (cf. 9323.2 - Actions by the Board) Within 10 days after the appointment is made, the Board shall post notices of the actual vacancy, or the filing of a deferred resignation, and the provisional appointment. The notice shall be published in the local newspaper pursuant to Government Code 6061 and posted in at least three public places within the district. (Education Code 5092) The notice shall contain: (Education Code 5092)
4. The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation
5. The full name of the appointee.
6. The date of appointment.
7. A statement notifying the voters that the provisional appointment shall become effective immediately and shall continue unless a petition calling for a special election pursuant to Education Code 5091 is filed in the office of the County Superintendent of Schools within 30 days of the provisional appointment. A statement notifying the voters that unless a petition calling for a special election pursuant to Education Code 5091 is filed in the office of the County Superintendent within 30 days of the provisional appointment, it shall become an effective appointment. The person appointed shall hold office until the next regularly scheduled election for district Board members and shall be afforded all the powers and duties of a Board member upon appointment. (Education Code 5091) Appointment Due to Failure to Elect When a vacancy occurs because no candidate or an insufficient number of candidates have been nominated (i.e., a failure to elect) and a district election will not be held, the Board shall appoint a qualified person to the office. This appointment shall be made at a meeting prior to the day fixed for the election and the appointee shall be seated at the organizational meeting as if

elected at the district election. (Education Code 5328) (cf. 9100 - Organization) When an appointment is being made because of a failure to elect, the district shall publish a notice once in a newspaper of general circulation published in the district, or if no such newspaper exists, in a newspaper having general circulation within the district. This notice shall state that the Board intends to make an appointment and shall inform persons of the procedure available for applying for the appointment. (Education Code 5328.5) The procedure for selecting and interviewing candidates shall be the same as the procedures for "Provisional Appointments," as specified above.

Motion & Voting The recommendation is that the Board of Education selects an appointment to fill the Board vacancy and bring forward a resolution.

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

14. CONSENT AGENDA - PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent-Personnel, except for agenda 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 the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Motion & Voting It is recommended that the Board of Education approve, under one consented vote, the agenda items under Consent Agenda - Personnel Items.

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

2021-22 CSEA and NTA Salary Schedules

Type Action, Discussion

Recommended The recommendation is that the Board of Education ratify the 2021-22 CSEA and NTA Action Salary Schedules effective July 1, 2021 and February 1, 2022 as presented. PURPOSE:

For the Board of Education to ratify the 2021-22 Classified (CSEA) Salary Schedules and the NTA Salary Schedules effective July 1, 2021 and February 1, 2022.

BACKGROUND: California School Employee Association (CSEA) Background On July 14, 2020, the Board approved the ratification of a 3-year tentative agreement for CSEA members to receive the following compensation:

2019-2020 School Year: 1% increase retroactive to July 1, 2019. Effective February 1, 2020, all bargaining unit salary schedules shall be increased by an additional 1%. 2020-2021 School Year: Effective July 1, 2020, all bargaining unit salary schedules shall be increased by 1%. 2021-2022 School Year: Effective July 1, 2021, all bargaining unit salary schedules shall be increased by 1%. Effective February 1, 2022, all bargaining unit salary schedules shall be increased by an additional 1.5%.

Newark Teacher Association (NTA) Background On May 1, 2020, the Board approved the ratification of a 3-year tentative agreement for NTA members to receive the following compensation:

2019-2020 School Year: 1% increase retroactive to July 1, 2019. Effective February 1, 2020 all bargaining unit salary schedules shall be increased by an additional 1%. 2020-2021 School Year: Effective July 1, 2020 all bargaining unit salary schedules shall be increased by 1%. 2021-2022 School Year: Effective July 1, 2021 all bargaining unit salary schedules shall be increased by 1%. Effective February 1, 2022 all bargaining unit salary schedules shall be increased by an additional 1.5%

File Attachments CSEA Salary schedule -FY21-22.pdf (63 KB) CSEA Salary schedule -FY21-22_Sal Sch Ranges.pdf (43 KB) NTA Salary Schedules - FY21-22_Program Specialist.pdf (32 KB) NTA Salary Schedules - FY21-22_Cert Teacher.pdf (41 KB) NTA Salary Schedules - FY21-22_Counselor.pdf (41 KB) NTA Salary Schedules - FY21-22_Dept Chair.pdf (43 KB) NTA Salary Schedules - FY21-22_Lead Teacher.pdf (42 KB)

Personnel Report

Type Action, Discussion

Recommended The recommendation is that the Board of Education ratify the personnel report as Action presented. All personnel activities including new hires, changes in status, resignation, leaves, and retirements are routinely submitted to the Board for ratification.

File Attachments HR PAL 08-05-2021.pdf (381 KB)

15. CONSENT AGENDA - NON-PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent Non-Personnel, except for agenda 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 the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Motion & Voting It is recommended that the Board of Education approve, under one consented vote, the agenda items under Consent Non-Personnel, except for agenda items 15.22, 15.23, 15.9, 15.10.

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

Resolution 2021.22.01 Declaring Surplus Equipment

Type Action, Discussion

Fiscal Impact No

Recommended The recommendation is that the Board of Education approve Resolution 2021.22.01: Action Declaring Surplus Equipment PURPOSE: The purpose of this item is to obtain Board approval of Resolution 2021.22.01: Declaring Surplus Equipment, which lists items to be declared as surplus equipment as recommended.

BACKGROUND: Surplus materials will be disposed of per Board Policy and Administrative Regulation 3270 Sale And Disposal Of Books, Equipment And Supplies (Personal Property). Education Code, Section 17546 states that if the Governing Board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed the value of $2,500, it may be sold at private sale without advertising, by a District employee empowered for that purpose by the Board; the property may be donated to a charitable organization, or it may be disposed of in a public disposal facility.

The personal property as described in Resolution 2021.22.01 includes equipment used in the Child Nutrition Services Department and the IT Department. Staff determined that items are obsolete and/or beyond economic repair.

File Attachments Resolution 2021.22-01 Declaring Surplus Equipment.pdf (12 KB)

Addendum to Moving Services Contract

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $4,188.00

Budgeted Yes

Budget Source Fund 40 Special Reserve for Capital Outlay Projects

Recommended The recommendation is that the Board of Education ratify the addendum to the contract for Action Waters Moving & Storage, Inc. PURPOSE: To ratify an increase to the moving services contract for the move related to the Snow/Graham merger.

BACKGROUND: The board approved the contract for moving services on May 20, 2021, for the amount of $85,719. An increase of $4,188 was necessary to cover the cost of disposal services and additional items moved that were not included in the original scope of work.

File Attachments P22-00104 Waters Moving & Storage, Inc.pdf (78 KB)

Refrigerated Truck for Child Nutrition Services

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $80,000.00

Budgeted Yes

Budget Source Child Nutrition Services Fund 130

Recommended The recommendation is that the Board of Education approve the purchase of a new or used, Action refrigerated truck in order to transport our school meals from the central kitchen out to school sites. This purchase is not to exceed $80,000. PURPOSE: To get pre-approval from the Board to purchase a new, or used, refrigerated truck for Child Nutrition Services to reliably transport food at a constant temperature.

BACKGROUND: The refrigerated truck currently in use is no longer legal to register based on the California Air Resources Board's (CARB) Truck and Bus Regulation. The regulation states that any vehicle, heavier than 26,000 lbs. Gross Vehicle Weight Rating (GVWR) is a vehicle model year between 2001-2005, the DMV is supposed to verify compliance as of

January 1, 2021.

To confirm compliance with using Child Nutrition funds to purchase a vehicle, a formal request must go through the California Department of Education (CDE). The CDE reviews the request to see if the item is allowable under federal and state regulations and laws. On July 20, 2021, Child Nutrition was notified, by email, that their request had been approved.

Efforts to replace the existing refrigerated truck are currently being researched. Such vehicles are not easily found and, therefore, are purchased quickly when they become available. Recent advertisements for used refrigerated trucks (of various sizes), with over 140,000 miles, range from $63,000 to $83,000. An exact cost, including taxes and fees, is not currently available, therefore, the request is to not exceed $80,000.00.

Contract Amendment #1 with Integrated Design Studio for the Irrigation & Planting projects at multiple sites

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $9,000.00

Budgeted Yes

Budget Source Fund 21 Measure G Bond and Fund 40 Special Reserve for Capital Outlay Projects

Recommended The recommendation is that the Board of Education approve contract amendment #1 for Action Integrated Design Studio in the amount of $9,000 to provide additional design services, bidding, and construction administration services for the Irrigation and Planting Projects. PURPOSE: To approve contract amendment #1 with Integrated Design Studio to provide additional design services, bidding and construction administration services for Irrigation and Planting Projects.

BACKGROUND: On October 21, 2020, the Board of Education approved a contract in the amount of $94,500 with Integrated Design Studio to provide landscape design services at the following sites: Birch Grove Intermediate, Birch Grove Primary, Kennedy, Lincoln, Schilling, Coyote Hills/Graham, Musick, Newark Memorial High School, MacGregor Campus and District Office.

The original contract (see attached) was for design services only and did not include bidding and construction administration support. It is necessary for the landscape architect to review submittals and answer questions from the contractor to ensure the projects are successful. Also, after review of the designs with the sites, some changes were requested which required IDS to modify the drawings. This work will be performed on a time and material basis not to exceed $9,000 (see attached). The budget included contingencies and costs that was within the overall master budget.

File Attachments Integrated Design Studio_2020 Landscape & Irrigation Contract_2020.10.23_fully executed.pdf (618 KB) IDS-NUSD-ASA-1_07-07-21_Amendment 1.pdf (106 KB)

Consolidated Application and Reporting System 2020-2021 Spring Data Collection

Type Action, Discussion

Fiscal Impact No

Recommended The recommendation is that the Board of Education ratify the Consolidated Application and Action Reporting System (CARS) 2020-21 Spring Data Collection. PURPOSE: The purpose of this item is to provide the California Department of Education with the information needed to fund a wide variety of federal and state programs that bring supplementary funding into the school district.

BACKGROUND: The Consolidated Application and Reporting System (CARS) -- formerly known as Consolidated Application or "Con App" for short -- is the state's mechanism for both funding of identified state and federal categorical programs and required reporting for many of them. It provides the entitlement amounts of these programs as well as required considerations for expenditures.

Each year, the programs included in the CARS change based on federal/state mandates and different methods of gaining or disseminating information. This is the 2020-21 Spring Data Collection.

CARS brings funds into the school district for a variety of programs including Title I, Title II, and Title III.

Each of the identified programs has specified guidelines or requirements for their expenditure. All titled programs are federally funded. Title I, Part A dollars are used to support the increased achievement of at-risk students, primarily in reading and math. Title II, Part A (Teacher Quality) monies are used to support teacher evaluation, as well as teacher professional development. Title III English Learner and Immigrant are used to support our English language learners.

File Attachments CARS 7.2021_attachment for 8-5-21 Board mtg.pdf (1,016 KB)

2021-22 Lease Agreements between Kidango, Inc. and NUSD

Type Action, Discussion

Recommended The recommendation is that the Board of Education approve the 2021-22 lease agreements Action for Kidango locations at Coyote Hills Elementary and Schilling Elementary. PURPOSE: To enter into lease agreements for two Kidango locations at Coyote Hills Elementary and Schilling Elementary for the 2021- 22 fiscal year.

BACKGROUND: Kidango is a non-profit early childhood, preschool and childcare program for low-income families.

Kidango's current lease agreements at both Coyote Hills and Schilling expired on June 30, 2021. Kidango agrees to a 2% rent increase that is imposed every July 1. Kidango has been a partner with NUSD since 1993. They had a location at Ruschin Elementary for many years before Ruschin closed. The location at Graham (now Coyote Hills) opened in 2014 and the location at Schilling opened in 2015.

Kidango leases one portable at Coyote Hills and two portables at Schilling.

File Attachments

Kidango at Schilling_2021-2022.pdf (189 KB) Kidango at Coyote Hills_2021-2022.pdf (176 KB)

Agreement with Think Together for ASES for 2021-2022, 2022-2023, 2023- 2024

Type Action, Discussion

Fiscal Impact Yes

Dollar Amount $323,319.32

Budgeted Yes

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

Recommended The recommendation is that the Board of Education approve the renewal of the agreement Action with Think Together for ASES (After School Educational and Safety) for 2021-2022, 2022- 2023, 2023-2024 (3 years). 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 2021-22, 2022-23, 2023-24 (3 years) at Schilling, Coyote Hills, 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 starts after classes end for the day until 6 pm. 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 2021-2022 school year.

This school year, Think Together served students after school each day, and we are projecting the same number for this coming school year, per the grant allocation: Schilling Elementary - 70 students Coyote Hill Elementary - 84 students Newark Jr. High School - 69 students

File Attachments ASES Contract 2021-2024.pdf (226 KB)

Master Contract with Solstice Residential Treatment Center

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $206,350.00

Budgeted No

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the master contract. Action PURPOSE: To ratify the Master Contract with Solstice Residential Treatment Center (RTC) for residential treatment services for the 2021- 2022 school year.

BACKGROUND: NUSD requires a highly intensive individualized residential program in order to meet students' unique needs per the consented Individualized Education Programs (IEPs).

File Attachments Master Contract Solstice 21-22.pdf (343 KB)

Motion & Voting The recommendation is that the Board of Education ratify the master contract.

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

Individual Service Agreement with Solstice - ISA 22-01a

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $206,350.00

Budgeted No

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the agreement. Action PURPOSE: Newark Unified School District student's least restrictive environment per Individuals with Disabilities Education Act (IDEA) was determined to be a placement in a Non-Public School (NPS) setting a residential treatment center (RTC). This is due to a significant disability, behavioral, or programmatic need that has impacted the student's current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment"(LRE) means that a student who has a disability should have the opportunity to be educated with non- disabled peers, to the greatest extent appropriate. Students with disabilities should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. Students with disabilities should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of the student's disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school or residential treatment center.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what an LRE will be for all students.

File Attachments ISA 22-01a Solstice_redacted.pdf (260 KB)

Motion & Voting The recommendation is that the Board of Education ratify the agreement.

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

Independent Contractor Agreement with Therapy Travelers for School Nurse

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $124,215.00

Budgeted Yes

Budget Source Resource 7422

Recommended The recommendation is that the Board of Education ratify the agreement. Action PURPOSE: For the Board of Education to approve the master contract for the Therapy Travelers contract in the amount of $124,215 for the 21/22 school year.

BACKGROUND: Nurse practitioners improve children's health in the educational setting by performing physical examinations, developmental assessments, and management of common pediatric illnesses. These services enhance children's attendance in school and assist families to meet their health care needs. A nurse practitioner is required by the district to provide essential health functions. These functions include but are not limited to the following:

    Provide health maintenance care for children, including well-child examinations
    Perform routine developmental screenings i.e. vision/hearing
    Provide childhood immunizations for school requirements
    Record and maintain an accurate, cumulative health record for each examined child
    Participate in a multidisciplinary team approach by collaborating with other health care providers in the delivery of
    health care
    Function as a resource person in health-related issues
    Monitor and interpret public health and communicable disease issues, which impact the delivery of health care for
    children

File Attachments ICA 21-22 Therapy Travelers_Nurse.docx_Redacted.pdf (135 KB)

Master Contract with AchieveKids

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $215,328.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the master contract with Action AchieveKids. PURPOSE: To ratify the Master Contract with AchieveKids for day treatment services for the 2021-2022 school year.

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

File Attachments AchieveKids Master Contract 2021-22.pdf (283 KB)

Individual Service Agreement with AchieveKids - ISA 22-03a

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $92,532.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with AchieveKids. PURPOSE: NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what a LRE will be for all students.

File Attachments ISA 22-03a Redacted.pdf (227 KB)

Individual Service Agreement with AchieveKids - ISA 22-03b

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $122,796.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with AchieveKids. PURPOSE: NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what a LRE will be for all students.

File Attachments ISA 22-03b Redacted.pdf (227 KB)

Master Contract with Anova Center for Education

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $57,750.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the master contract with Anova. Action

Goals 1. To provide academic excellence via equity and opportunities for all students.

PURPOSE: To ratify the Master Contract with Anova for day treatment services for the 2021-2022 school year.

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

File Attachments Anova Master Contract 2021-22.pdf (283 KB)

Individual Service Agreement with Anova - ISA 22-04a

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $57,750.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with Anova. PURPOSE: NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what an LRE will be for all students.

File Attachments ISA 22-04a Redacted.pdf (222 KB)

Master Contract with Esther B. Clark

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $186,640.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the master contract with Esther Action B. Clark. PURPOSE: To ratify the Master Contract with Esther B. Clark for day treatment services for the 2021-2022 school year.

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

File Attachments Esther B. Clark Master Contract 2021-22.pdf (283 KB)

Individual Service Agreement with Esther B. Clark - ISA 22-05a

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $92,540.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with Esther B. Clark. PURPOSE: NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what a LRE will be for all students.

File Attachments ISA 22-05a Redacted.pdf (232 KB)

Individual Service Agreement with Esther B. Clark - ISA 22-05b

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $94,100.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with Esther B. Clark. PURPOSE: NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366)

http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what an LRE will be for all students.

File Attachments ISA 22-05b Redacted.pdf (223 KB)

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

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $126,758.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the master contract with Pacific Action Autism Center for Education. PURPOSE: To ratify the Master Contract with Pacific Autism Center for Education (PACE) for day treatment services for the 2021-2022 school year.

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

File Attachments

MC PACE_NUSD 21-22.pdf (349 KB)

Individual Service Agreement with Pacific Autism Center for Education (PACE) - ISA 22-02a

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $126,758.00

Budgeted Yes

Budget Source Special Education

Recommended The recommendation is that the Board of Education ratify the Individual Service Agreement Action with PACE. PURPOSE: This NUSD student's least restrictive environment per IDEA was determined to be placed in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/

This proposed action is consistent with the existing Board of Education Policy 0200.

BACKGROUND: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.

To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what an LRE will be for all students.

File Attachments ISA PACE 22-02a Redacted.pdf (220 KB)

Contract with ATX Learning for Special Education Teacher at Birch Grove Primary

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $124,440.00

Budgeted Yes

Budget Source Expanded Learning Opportunity Grant-Resource 7425

Recommended The recommendation is that the Board of Education ratify the contract with ATX Learning. Action PURPOSE: ATX Learning will provide 1.0 FTE Moderate/Severe Teacher at Birch Grove Primary needed for the unfilled position for the 2021-2022 school year.

BACKGROUND: Despite intensive efforts, the District has not been able to hire for this position this school year. This contracted teacher is intended to fill this open position for the 2021-2022 school year only. The District is continuing to look at more effective ways to recruit Special Education teachers. There is a national shortage of Special Education Teachers, School Psychologists, and Speech and Language Therapists.

File Attachments ATX_NUSD Contract 21-22 MS BGP.pdf (401 KB)

Motion & Voting The recommendation is that the Board of Education ratify the contract with ATX Learning.

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

Contract with ATX Learning for Special Education Teacher at Newark Memorial High School

Type Action, Discussion

Absolute Date Aug 05, 2021

Fiscal Impact Yes

Dollar Amount $124,440.00

Budgeted Yes

Budget Source Expanded Learning Opportunity Grant-Resource 7425

Recommended The recommendation is that the Board of Education ratify the contract with ATX Learning. Action PURPOSE: ATX Learning will provide 1.0 FTE Moderate/Severe Teacher at Newark Memorial High School needed for the unfilled position for the 2021-2022 school year.

BACKGROUND: Despite intensive efforts, the District has not been able to hire for this position for the upcoming school year. This contracted teacher is intended to fill this open position for the 2021-2022 school year only. The District is continuing to look at more effective ways to recruit Special Education teachers. There is a national shortage of Special Education Teachers, School Psychologists, and Speech and Language Therapists.

File Attachments ATX_NUSD Contract 21-22 MS NMHS.pdf (223 KB)

Motion & Voting The recommendation is that the Board of Education ratify the contract with ATX Learning.

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

Dannis Woliver Kelley Attorneys at Law - Agreement for Legal Services 2021-2022

Type Action, Discussion

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Action Services for Dannis Wolliver Kelley Attorneys at Law for 2021-2022. PURPOSE: To renew the legal service agreement with Dannis Woliver Kelley Attorneys at Law for legal services in the 2021-2022 fiscal year.

BACKGROUND: Dannis Woliver Kelley Attorneys at Law have been providing legal services to the District since 2010. They have provided NUSD with legal counsel in a wide variety of areas, including general legal services, business and contract services, construction advice and litigation, developer fees, litigation, procurement, and governance. No changes have been made to the billing ranges. The individual rate for Gregory J. Dannis has increased to $425 per hour.

File Attachments Dannis Woliver Kelley (DWK) 2021-22.pdf (157 KB)

Atkinson, Andelson, Loya, Ruud & Romo Attorneys at Law - Agreement for Legal Services 2021-2022

Type Action, Discussion

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Action Services with Atkinson, Andelson, Loya, Ruud & Romo Attorneys at Law for 2021-2022. PURPOSE: To renew the legal service agreement with Atkinson, Andelson, Loya, Ruud & Romo Attorneys at Law for legal services in the 2021-2022 fiscal year.

BACKGROUND: Atkinson, Andelson, Loya, Ruud & Romo have provided legal and, upon request, non-legal consultant services on the District's behalf. Updates to the contract include a rate increase of $10 per hour, and revisions to paragraph IV, which provides a more in-depth description of Binding Arbitration than the prior agreement.

File Attachments Atkinson, Andelson, Loya, Ruud & Romo 2021-2022.pdf (119 KB)

Fagen Friedman & Fulfrost, LLP - Agreement for Legal Services 2021-2022

Type Action, Discussion

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Action Services with Fagen Friedman & Fulfrost, LLP for 2021-2022. PURPOSE: To renew the legal service agreement with Fagen Friedman & Fulfrost, LLP for legal services in the 2021-2022 fiscal year.

BACKGROUND: The District started using Fagen Friedman & Fulfrost, LLP in 2020-2021. They have provided NUSD with legal counsel in a wide variety of areas, including general legal services, business and contract services, construction advice, developer fees, litigation, procurement, and governance. The rates remain the same as the previous year. There were no changes to the standard hourly rates.

File Attachments Fagen Friedman & Fulfrost, LLP_Agreement_2021-22.pdf (180 KB)

Lozano Smith Attorneys at Law - Agreement for Legal Services 2021-2022

Type Action, Discussion

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Action Services for Lozano Smith Attorneys at Law for 2021-2022 PURPOSE: To renew the legal services agreement with Lozano Smith Attorneys at Law for legal services in the 2021-2022 fiscal year.

BACKGROUND: Lozano Smith has served as the District's legal counsel for 22 years. They have provided NUSD with legal counsel in a wide variety of areas, including general legal services, business and contract services, construction advice, developer fees, litigation, procurement, and governance. There were no changes to the hourly rate schedule.

File Attachments LozanoSmith 21-22 Agreement.pdf (334 KB)

Williams Uniform Complaint Quarterly Report April 1 to June 30, 2021

Type Action, Discussion

Recommended The recommendation is that the Board of Education approve the Williams Uniform Action Complaint Quarterly Report for the period of April 1, 2021 to June 30, 2021. Purpose: For the Board to receive and approve the Williams Uniform Complaint Quarterly Report for the period of April 1, 2021, to June 30, 2021.

Background: Education Code 35186 requires that the Superintendent of a school district report summarized data on the nature and resolution of all complaints filed under the Williams Uniform Complaint Procedures to the local Board of Education and the County Superintendent of Schools on a quarterly basis. The report must include the number of complaints by general area, the number of resolved and unresolved complaints, and be publicly presented at a regularly scheduled Board meeting. The attached report is presented to the Board for the period of April 1, 2021, to June 30, 2021.

File Attachments Q122 UCP Report.pdf (203 KB)

Warrant Report for June 2021

Type Action, Discussion

Fiscal Impact No

Recommended The recommendation is that the Board of Education approve the Warrant Report as Action presented. PURPOSE: The purpose of this item is to present warrants, for the total amount of $2,264,907.65 made from District funds for June 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 June 2021 AP Warrant Board Report.pdf (374 KB)

Donations Report

Type Action, Discussion

Fiscal Impact Yes

Budget Source General Fund (Fund 010) Donations

Recommended The recommendation is that the Board of Education accept the Donations Report as Action presented. PURPOSE: The purpose is to acknowledge receipt of donations to the District.

BACKGROUND: Throughout the year community members, groups, parents and other individuals make monetary and in-kind (supplies and equipment) donations to NUSD. The exact nature of the source of the donation is submitted to the Business Office on a standard form. It is critical that any restrictions on the funding be indicated and the budget developed based on the donor restrictions. If there is no indication of the school or use of the funding, any proceeds or cash donations received are placed in the NUSD local revenue in the unrestricted general fund. It is recommended that the donations be processed through the

Business Office and ultimately approved by the Board so that the funding can be publicly acknowledged and budgeted properly according to donor restrictions. There is acknowledged and budgeted properly according to donor restrictions. There is acknowledgment at the public Board meeting and a letter of thanks is sent to the donor by the Business Office for NUSD.

File Attachments Donation Report_8-5-2021.pdf (17 KB)

Minutes of the June 15, 2021 Special Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approve the minutes of June 15, 2021, Action Special Meeting of the Board of Education PURPOSE: For the board to review and approve the minutes

BACKGROUND: The attached minutes are reflective of the June 15, 2021, Special Meeting of the Board of Education. The exact language is available for viewing on the NUSD YouTube Channel.

Minutes of the June 17, 2021 Regular Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approve the minutes of June 17, 2021, Action Regular Meeting of the Board of Education PURPOSE: For the board to review and approve the minutes

BACKGROUND: The attached minutes are reflective of the June 17, 2021, Regular Meeting of the Board of Education. The exact language is available for viewing on the NUSD YouTube Channel.

Minutes of the June 29, 2021 Special Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approve the minutes of June 29, 2021, Action Special Meeting of the Board of Education PURPOSE: For the board to review and approve the minutes

BACKGROUND: The attached minutes are reflective of the June 29, 2021, Special Meeting of the Board of Education. The exact language is available for viewing on the NUSD YouTube Channel.

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

Board of Education Committee Reports

                       DEBRIEF AND DISCUSSION

Type Information PURPOSE: The Trustees will provide an update, if available, on the committees of which they are members.

BACKGROUND: Each year the Board of Education members liaise with schools and committees in order to build relationships, hear from staff, students, and families, and act as a conduit for information to and from the schools.

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 Committee - Elisa Martinez & Terrence Grindall

Board of Education Requests

                       DEBRIEF AND DISCUSSION

Type Discussion, Information PURPOSE: This is an opportunity for the Board of Education to suggest items for placement on future agendas and to review Board requests.

Approval from the majority of the Board will be required for direction to be provided to the Superintendent.

BACKGROUND: The following derives directly from the Board approved "Governance Team Handbook"

Authority is Collective, Not Individual: The only authority to direct action rests with the Board as a whole when seated at a regular or special board meeting. Outside of this meeting, there is no authority. A majority Board vote provides direction to the Superintendent. Board members will not undermine the ability of staff to carry out Board direction.

Bringing New Ideas Forward

The Board will be open to having "brainstorming" discussions, or study sessions, around any idea that a Trustee may feel merits exploratory consideration. "New Ideas" are defined as any proposal brought forward by a Trustee, at their initiative or at the request of a constituent, which was previously discussed during a board meeting. Trustees will first notify the Board President and Superintendent of their interest in bringing forward a new idea at a board meeting. When initially agendized, 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 District staff. The new idea may be agendized for discussion only. The Board majority will decide if the new idea should be further developed and studied by staff. The Board majority will decide if staff time should be invested in the "fleshing out" of new ideas. Individual Trustees, in the course of interactions with constituents, will be careful not to make or imply the 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: The Trustees may acknowledge or recognize specific programs, activities, or personnel at this time.

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 Discussion, 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 and action to extend the meeting.

Motion & Voting The recommendation is that the Board extend the meeting to 11:00 PM

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

Adjournment

Type Action, Procedural

Recommended The recommendation is that the Board of Education adjourns this meeting. 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 the Board of Education adjourns this meeting. (10:41pm)

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

No minutes available.