Regular Meeting

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[53] Aiden Hill: Member Hill. Here.

[56] Chery Villa: Member Marquez.

[58] SPEAKER_25: Present.

[59] SPEAKER_42: Vice President Nguyen. Here. Sorry, one second. President Jean?

[67] SPEAKER_41: Here.

[67] SPEAKER_42: And we do have President, I mean, sorry, Member Grindel. Member Grindel? Member Grindel is joining us virtually. Member Grindel, can you hear me? Member Grindel, can you hear us? Yes, I can hear you. Okay, I just called roll call, so Member Grindel is present.

[94] SPEAKER_41: Moving on to the approval of the agenda, may I get a motion to approve the agenda as it is?

[101] Phuong Nguyen: I move to approve the agenda as is.

[104] SPEAKER_41: I will second it. Member Marcus, how do you vote?

[109] SPEAKER_35: Yay.

[112] SPEAKER_41: What was that? Yay. Oh, I see. Sounded like nay. Member Grindell? Yes. Member Hill? Yes. Member Nguyen? Yes. My vote is yes. Motion carries with five ayes. Before we move to closed session, any public comments on closed session? No. Okay, we'll be moving to closed session. In closed session, we'll be discussing item 3.2, Public Employee Discipline Dismissal Release 3.3, Conference with Labor Negotiator, NTA and CSCA. Item 3.4, conference with labor negotiators, employee group, NEWMA, unrepresentative supervisor, and contracted management. Item 3.5, conference with legal counsel, anticipated litigation. Significant exposure to litigation pursuant to government code. 3.6, conference with legal counsel, existing litigation. 3.7, student expulsion stipulation. And we'll be back to open session around 7 p.m. We'll see you in a bit. OK, we're back to open session. So before beginning, I want to make an announcement. And so what happened is our Spanish translator has an emergency today, so she's not able to attend the meetings. And we apologize for any inconvenience this may cause.

[4443] SPEAKER_35: OK.

[4445] SPEAKER_41: Next, our Pledge of Allegiance. And everyone, please stand. Ready? Begin. 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. Thank you. Next is report of closed sessions. There is no reportable action as taken in the closed session. Next is our recognition and celebration, 6.1. Ballet Folklorico in celebration of Latinx Heritage Month. Superintendent Triplett.

[4495] Terrence Grindall: Thank you President Jun. Good evening board members and community and staff and students. We are really delighted and honored tonight to have the Ballet Folklorico here to present some of our amazing students that are going to be doing a performance in celebration of Latinx Heritage Month.

[4551] SPEAKER_38: Eh! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha!

[4554] SPEAKER_38: Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! Ha! ♪ Don't worry if you don't want to get it by now Don't worry if you don't want to get it by now Don't worry if you don't want to get it by now Don't worry if you don't want to get it by now Don't worry if you don't want to get it by now Don't worry if you don't want to get it by now ♪♪ Los marechilocos quieren fumar. Los marechilocos quieren fumar. Los marechilocos quieren fumar. Los marechilocos quieren fumar. Los marechilocos se la quieren jurar. Los marechilocos se la quieren jurar. I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, I'm gonna get you, Yeah!

[4750] SPEAKER_41: Thank you. Thank you for the wonderful performance.

[4755] SPEAKER_25: Do we have the name of the young ladies? Do we have the names of the young ladies that participated this evening? No, we don't. We don't. Do you want me to ask?

[4764] SPEAKER_41: That would be great. Moving on to the next item, School Spotlight, Schilling Elementary, Superintendent Triplett.

[4772] SPEAKER_46: Thank you, President Jun. And again, thank you. Muchas gracias a los bailantes folklóricas.

[4781] Terrence Grindall: So we're really excited to have the Schilling Elementary School Spotlight this month. And so the principal, Dr. Wendy, is not here, but she has created a presentation, and then she's also going to be available afterwards for any questions. And I will say those wonderful dancers were from Schilling as well.

[4812] SPEAKER_40: Good evening, members of the board, President Jones, members of the Executive Cabinet, Superintendent Triplett, and the community. Thank you for giving us this opportunity to present on Schilling Elementary School, the greatest school on Earth. So today, I have one of our teachers, Senora Eva Herrera, who's going to present with me. And I'll let her go first on our dual language program. Thank you, Dr. Wendy. Good evening board members and President Dr. Triplett, staff, and community. It is my pleasure to take this opportunity and talk to you about our dual language immersion program at Schelling Elementary. We currently have two kindergarten classes and two first grade classes that are participating in this program. Our DLI team includes Elisa Munoz, who teaches the 50% Spanish Kindergarten class, and Nancy Lee, who teaches the 50% English Kindergarten class. In first grade, we have Anita Sol, who teaches the Spanish language, and me, Elba Herrera, who teaches the English language part of the program. Our students are being immersed in both languages and cultures. They are beginning to use each language through poems, chants, and songs. They listen to read-alouds in both languages and then explore the rich vocabulary, as you can see in one of our photos on this slide. One of the activities seen here is using a narrative code, which is a SEAL strategy. SEAL has been a great resource for our DLI program. In the classrooms, you can see Realia, pictures, role-playing, think-pair-share, cooperative learning activities, and walls with student work in both Spanish and English. We are excited to have this program at our school and can't wait to see our students blossom into future bilingual and biliterate students. The three rules of language immersion is bilingualism and biliteracy. To be able to speak and write and read, listen and use each of the two languages as support for the other. And then also the sociocultural competence. Students in DLI should be able to see the similarities and differences in each other and should be viewed as opportunities to connect. Our goal is to prepare our students to become bilingual and biliterate in order to maximize their potential and achieve in a multicultural environment and diverse society. To inspire the lives of learning, speaking language, and appreciate different cultures. Thank you, Maestra Hedera, for that wonderful explanation about dual language. And again, for these pictures. Now we also want to continue to talk about our PBIS. We are the only school in Newark that has platinum status and only one of eight schools in Alabama County that has platinum status for PBIS. We are very honored to have this recognition and do a lot of tier one, tier two, and tier three interventions throughout the school year. We are data driven by a collection of our teachers and through the Swiss internal collection data platform. We involve our community, for many supports through our PZIS, but also our children are the ones that help us make these decisions. Now let's talk a little bit about I-RED. We have two triangles here, and we all know that green is good and red usually means stuff. So in academics, tier one means that the student is on grade level, tier two means that the student is about a year behind, and tier three means that the student is two or more years behind. Before the pandemic, our students were growing, and 37% were on Tier 1. Coming back from the pandemic, which is fiscal year, only 8% are on Tier 1, which means on grade level for the area of math.

[5050] Jodi Croce: The same is seen in reading.

[5052] SPEAKER_40: Before the pandemic, 36% of our students were on Tier 1, which means on grade level, and Now, 17% of our students are on grade level. What's even more shocking is our tier three, which is two grade levels or more behind, where before the pandemic, 21% of our students were two grade levels or more behind. We continued to lower this achievement gap, but now, coming back from the pandemic, 48% of our students are two grade levels or behind. have intense response to intervention systems. A full-time and a part-time intervention teacher, we now have bilingual aides, and through our data-driven decision-making, we hope to make a strong impact on these academics. We also are in continuous collaboration with our Parent Teacher Association Group of parents and Chilean staff, it's called PASS, and our partnerships with community members. We have a new board for the 2021-22 school year. We collaborate with different community partnerships like Soles for Souls to make sure that our students have shoes for the upcoming school year, but also throughout the school year. We have 49er fundraisers and They also sponsor a lot of school events. We were fortunate enough to have them help us sponsor the mural painting that is now in front of our school facing Thornton Avenue. We're so lucky to have this new mural. And again, thank you for letting us take the time this evening to talk to you a little bit about Chilean elementary and the wonderful things we are doing. And we have our staff here on this picture. Thank you again, and have a great evening.

[5177] SPEAKER_41: Thank you for the great recorded presentation, Principal Wendy. Any other comments from the board?

[5186] SPEAKER_42: Principal Wendy is online and available for questions or comments. Principal Wendy, can you hear us? Sorry, Dr. Wendy, can you hear us?

[5195] Leonor Rebosura: Yes, I can. Can you hear me? Yes.

[5197] SPEAKER_41: Yeah.

[5198] SPEAKER_40: Principal Wendy, this is- So thank you so much, board, for granting us the opportunity to present tonight, but also be part of our Latinx Hispanic Heritage Month celebration. And I just want to bring to your attention also the back wall of all the student work that is from the last time that Shalene presented before the pandemic, So we're honored that it's still up there.

[5224] SPEAKER_22: And it was just appropriate for this presentation.

[5233] SPEAKER_41: So Principal Wendy, this is President Zhang. I just want to, as president of the board, I just want to thank you for your hard work and your leadership at the Schilling Elementary School. Thank you.

[5244] SPEAKER_39: Thank you.

[5251] Aiden Hill: Thank you, Dr. Wendy. And thank you for the presentation. And just a quick question. So appreciate that data. And I think all schools right now are seeing learning loss as a result of the pandemic. And so thank you for discussing that. Can you talk a little bit about what you think is needed to kind of get things back on track?

[5272] SPEAKER_40: I didn't hear the end of your question. I'm sorry.

[5275] Aiden Hill: Could you give some thoughts, I know it's still early, but some ideas about what it might take to get things back on track in terms of performance?

[5285] SPEAKER_40: Yes. So our district has been fortunate enough to provide us with additional funds through the ESSER III funds, but also with our CPSA. We were able to hire a full-time intervention teacher, a part-time intervention teacher, Five bilingual aids, where before we didn't have any at all. We also have a full-time mental health clinician that is helping us implement our SEL curriculum. I also collaborated with SEWA International and they're providing free tutoring after school for third through sixth grade. We also have Think Together after school that we will work closely with to share data concerns or academic concerns with students. But overall you know our teachers are really doing the best that they can and through continuous collaboration with our parents too we're able to continue to help students. The district has really stepped up and done a lot of work to support our teachers but also myself to ensure that our students continue to succeed.

[5360] Aiden Hill: Great, thank you very much.

[5368] Phuong Nguyen: Thank you, Dr. Wendy, to you and your staff for all the hard work that you guys have put into the DLI program. And for all the community outreach that you and your staff support throughout the year, we really appreciate it so much. Thank you.

[5387] Leonor Rebosura: Thank you.

[5391] Terrence Grindall: If I may, President Joneau, I just want to highlight that through this inception of the DLI program, this year we have had declining enrollment across almost every single school. Schilling is one of only two schools where they've actually met the projections. for this year. And I think that's really a credit to rolling out this Dual Language Immersion Program and just such amazing things that are happening there. There's also lots of information on our website about the Dual Language Program, including a number of articles that have been written by different media celebrating and excited about the program. So I just encourage everyone to check out the website. We also have videos on there explaining more about the program.

[5438] SPEAKER_41: Member Marcus, any comments?

[5441] SPEAKER_25: Thank you for that. Dr. Wendy, I wanted to thank you as well, along with my board members, and more importantly, just recognizing the fact that you have intervention being offered this year. I think that is imperative at this time because where we're at with the figures that you showed us, and at the same time, having that bilingual support that you have with your paraprofessionals, so I wanted to congratulate you for that.

[5466] SPEAKER_41: Thank you. Thank you again for the presentation. Have a great rest of the evening.

[5470] SPEAKER_39: All right, you guys too. Bye.

[5473] SPEAKER_41: Moving on to 6.3 staff spotlight, Superintendent Triplett.

[5478] Terrence Grindall: Thank you, President Chun. We're excited this session to celebrate three fantastic employees. And there we go. So the first employee we really wanted to shout out and celebrate is in the district office in the business service. This is Miss Jodi Croce. She has just been doing amazing work supporting the testing student and staff testing process for COVID, just going the extra mile to really ensure that the system is up and running. And so we all wanted to just really acknowledge her hard work and what she's doing for our students and staff. Just join me in a little celebration. The second person is Mr. Stan Norman. He was the custodian at Snow last year and this year he's transferred to Newark Memorial as the lead custodian. Stan is just an amazing figure and most recently he was, I like to call him our local hero. because when there was a fire in the kitchen at Memorial a couple weeks ago, there was an oven that caught on fire, and Stan was the one that jumped in, extinguished the fire, just acted really quickly, and he probably was able to save both facilities and humans. So please join me in appreciating Stan. And then last but certainly not least, I wanted to appreciate one of our outstanding teachers, Ms. Michelle Laypelt. She is a teacher of TK at Birch Grove Primary, had the honor of being in her class a couple weeks ago. She just brings such amazing energy to her craft every day. She's really, what stuck out for me was, just bringing a love for books. And I think seeing our TK students already just falling in love with reading and falling in love with books was just so wonderful to see. So please join me in appreciating Ms. Michelle. Those are our staff spotlights for this evening.

[5625] SPEAKER_41: Thank you. Moving on to student reports, Superintendent Triplett.

[5630] Terrence Grindall: Thank you. So we have a number of different reports this evening. Ms. Gutierrez, who are we starting with?

[5639] SPEAKER_42: The junior high, but one second. OK.

[5646] SPEAKER_40: From the junior high, we have Mohamed and Purvi.

[5653] SPEAKER_42: You guys can unmute.

[5657] SPEAKER_22: And you guys can begin. Good evening, board members. My name is Muhammad Lulu, the ASB president of Newark Junior High School. I would like to start off by letting you guys know that last Tuesday, we kicked off our student store. Also, during that same week, we started a holiday catalog fundraiser, where students can win prizes for the amount of items they sell. Along with this, we are also planning a variety of events, such as a Halloween spirit week at the end of October. Let me go ahead and hand it on to my fellow student, Corby Shana.

[5695] SPEAKER_09: Good evening, everyone. My name is Corby, the ASP vice president of Newark Junior High School. In celebration of Hispanic Heritage Month, we are hosting a collection of activities. Some of these things include playing Latin music during Friday lunch, broadcasting fun facts to the school, and more. We're also collaborating with Prentiff or Díaz de los Matos by displaying posters around the school of famous influential Latinx leaders. Along with this, we're displaying over 20 flags of the South American countries. Thank you for listening and have a great evening.

[5736] SPEAKER_41: Thank you. Next.

[5740] Terrence Grindall: Thank you. So I believe next we have up from McGregor site. Is that correct, Ms. Gutierrez? Ms. Blanco-Barone.

[5751] SPEAKER_42: And for this one we have a, Ms. Blanco-Barone wasn't able to join us but she did provide a recording. Sorry. Sorry, it's not playing. It's downloaded. Oh, I see what you're saying. Yeah, it did play earlier. I did check it. Give me one second.

[5828] SPEAKER_40: In the meantime, I do have, oh, we might be ready.

[5834] Cindy Parks: Good evening superintendent, Dr. Triplett, board members and county members. I'm Melissa Blanco-Barrett and I'm in 10th grade at grade 20. I'm happy to be back as a student representative. Crossroads welcomes four great new teachers. Welcome Ms. Johnson, Ms. Chang, Mr. Palacios and Ms. Wright. Crossroads will have a virtual back to school night, October 20th. Thank you. Next.

[5875] Terrence Grindall: So last, we have our own student board member, Ms. Estina Resendiz-Ortiz. She unfortunately could not make it tonight, but she did draft a report. And I believe Ms. Gutierrez is going to read it for us.

[5889] SPEAKER_42: Yes, thank you. Newark Memorial has definitely been progressing these past couple of weeks. We are currently in our spirit week.

[5898] SPEAKER_40: where all the classes dress up according to their day. And our skit, our skit assembly, as well as our homecoming football game will be happening tomorrow.

[5907] SPEAKER_42: Just last Friday, we had our cancer awareness night at our football game, and it was beautiful.

[5913] SPEAKER_40: As for the students, we thankfully all have our books now.

[5916] SPEAKER_42: However, I would like to bring up to the board that there is a need for awareness about sexual harassment and the importance of doing our best to respect each other's boundaries. Thank you, and I sincerely apologize for not being there in person.

[5934] SPEAKER_40: Enjoy your night.

[5937] SPEAKER_41: Thank you. I believe that's it for the student report, right? Moving on to employee organizations. Ms. Gutierrez, any public speakers?

[5947] SPEAKER_40: Yes. The first one we have in person is NTA.

[5958] Elisa Martinez: Thank you. NTA has a couple of things that we would like to bring to your attention. So NTA has meetings with the district weekly at our EERC, and those meetings we were talking about peer tutoring. So again, thank you for this information. In this information, you will see a couple of things as I will bring them up. One thing, according to the district, only one TA per peer tutor. But please look at the pink highlighted names. You'll see that multiple people have multiple TAs. Also, NTA was notified that we do not, there will not be admin that have peer tutors. but as you will see, 10 TA slash peer tutors, and that is yellow highlighted of those names. The district... So basically, the district will come back to us and say that NTA needs these members. Also, NTA has been asking where this has been board approved, which we are still looking for that. NTA asked that if they cannot find board approved, that please present it to the board that is here. So the board can approve this class if it needs to be approved in this class. Also, we are asking for clarification on these kind of things. And Tavis told one thing, and as we get the data, we are seeing something completely different. Tell me if you need more copies. So the first piece of information you will see is a code 48900, which talks about cases of why a student would be suspended from a class. If you turn to two pages, you will see 488910, which talks about what the process is for a teacher to suspend a kid as you read through this. And at the very last one, you will see the student behavior intervention process. NTA would like to mention to the board that we advocate for our members to follow Ed Code. It is very confusing when is presented some other kind of code. Also NTA would like this board to sit there and have a discipline plan that would cover TK through 12. So as our students move up through the levels from elementary to middle school to high school that they know the consequences of breaking certain things and they are used to that kind of discipline throughout. Consistency will help at the next level. And the last thing. NTA knows that the board has already approved an APEX program, but it has been brought to my attention that some of the board members would like information from NTA, so NTA put out a survey for our members. As you will see, I put the percentage next to that because the colors didn't come out right, so everyone would understand what those questions were that we asked our members. We would have liked more than 25 participants out of 73, but 25 is a little bit more than what was presented to this board before. If this board prefers to ask any more questions or would like input from NTA and what our members are about APEX, that is fine. Also, I asked around and found out a little bit more information about APEX. APEX content is very rigor contented. The problem that NTA has with APEX is that when you offer a multiple choice test, we found that APEX does not sit there and make new tests and make them only once every six months. So that means that someone's on the East Coast and someone on the West Coast are taking the same multiple choice test which means that students can find those answers. A way to solve this would be to have a completion test which would require more rigor to it. But by offering only an NTA member $40 an hour that's a little bit hard. If the district would offer a .2 FTE I think that you would get more people willing to go into the APEX program. to help out our students so that we can keep up our high graduation rate. That is all that NTA has for you. Thank you very much, and have a good night.

[6324] SPEAKER_41: Thank you. Thank you. Next speaker.

[6330] SPEAKER_42: The next speaker is from NEWMA, and we have Ms. Ashley Acosta. Ms. Acosta, you may begin. Ms. Acosta is joining us virtually. Ms. Acosta, we don't hear you, but you may begin.

[6361] SPEAKER_48: Good evening, President Drop, Board of Trustees and executive cabinet members. On behalf of NEWMA, we want to take the opportunity to thank our teachers, classified and support staff for a very supportive environment and continuation of support to all of our students. NEWMA wants to recognize that the next week is a week of school administrator, October 10th through 16th of 2021. This is a remarkable time to be a school administrator. So let's celebrate everyone's leadership Commitment, resilience. Thank you for all you do each and every day. As we continue the school year, we want to ensure that we continue to lead with student-focused decisions in mind. We thank you for your support and dedication to our community. Thank you, NEWMA.

[6404] SPEAKER_41: Thank you. Any other speaker for this item?

[6407] Nicole Izant: That's it.

[6408] SPEAKER_41: OK, moving on to public comment on non-agenda item. We have Mr. Rodriguez.

[6425] Mark Triplett: Military guy. Good evening, board. My name is Ray J. Rodriguez. I live at 36202 Worthing Drive in Newark. And I'm proud to have been living here over 45 years and raising all my kids but one through Newark schools. I have four grandchildren right now at Coyote Hills Elementary. And I wanted to welcome our newest board member, member Gonzales, I mean Marquez, I'm sorry. Her family goes back so many years. And I wanted to extend my appreciation to Mr. Knoop and the young man that, I forgot his name, that applied for the position. And I want to thank all the board members for your service. Grendel isn't here. Terrence and I go back a long ways. And I appreciate him running for the board. And so right now you have basically five new board members. And I wanted to let you know that I really appreciate your service to our community. You guys are awesome. And I'll extend my support if ever I'm needed. My kids. at Coyote Hills. It's been a tough transition, going from distance learning to being at the site. But they really appreciate, and the parents do, what's going on at this level, the administration with Dr. Triplett and the staff members and Ms. Gutierrez. And you guys are awesome. And I want you to know that coming up very soon is going to be the CSBA. the California School Board Association in the first week of December. And there'll be sessions in there for new board members. And I want to encourage you to go to that. And I don't know if there's going to be a Zoom on that. I'm not sure. But if there is availability, I wanted to encourage you to go. I also would like to encourage you to hopefully in the near future to have a board retreat. So you can get together and talk about different things with the administration. I appreciate the fact that you decided to appoint for the open seat instead of going to an election, which would have cost us hundreds of thousands of dollars. And that's money that we need for our kids. So thank you, Boyd. And again, welcome. From the bottom of my heart, I appreciate the service you give to our kids. Okay. Thank you.

[6591] SPEAKER_41: Thank you. Thank you. Next speaker is Mr. Medina.

[6609] SPEAKER_29: Good evening, board members and staff. I haven't been here in a little bit. I'm glad to see everyone coming back and do this live. I'm happy to really see that. I think it's good for the community. It's good for the kids to see that not only do they have to go back, that everyone else has to come back. So I'm glad that finally you guys made the decision to do that because it took a while while our kids were and school, you guys were still doing Zoom meetings. But I'm glad that it's happened. So happy to say that. I really want to thank Mr. Triplett for, we had a real good conversation a couple of weeks ago. I think we came to an understanding of where I stand with special ed and what's going on with special ed. So I really hope that he voices that message I sent to each one of you guys because as you know, I included you guys on many of the messages that were going on and I put your emails in there. So I really hope that everything that I said is taken into consideration when it comes to special ed kids. not only because my daughter's in special ed, but we have a large community here of special ed kids and parents. So I believe that I'd like to encourage you guys to really understand special ed because that means that you'll hopefully become and be inclusive and actually have equal treatment for little girls like my daughter, who's Latina, who is special needs is disabled, and needs your guys' leadership. I bring an A game for her, but I need an A game from you guys, because that's what she deserves, as well as every kid in this district, and every Latino kid deserves it. And I understand that our community has challenges, but I believe that if you guys put your head together, with a couple of PhDs here, we can solve problems. So if we get to the bottom of it and be honest and look at the reality, we can actually solve the problems. So I hope that this message is a starting point of a conversation. Like I said, Mr. Triplett said, you know, I don't care about legal teams, but I do. But legal teams could come. things don't get done. This is not a threat. You know, it's a promise because I believe in equality and I believe that Latino kids, Latinos with disabilities need to be taken care of. Thank you.

[6800] SPEAKER_41: Thank you. I believe we have all the virtual online speaker next.

[6809] SPEAKER_40: Yes, our next speaker is Eric Tam. Eric Tam, you may begin.

[6817] SPEAKER_16: Hello, good evening board members, Dr. Triplett and staff. I wanted to give a warm welcome to our new trustee, member Marquez. We're excited to have you join the party. Board, tonight I wanted to address the APEX presentation from last meeting. First off, I'm not against APEX. I am against NUSD presenting half-truths to you. President Teng and Board, I hope you would agree that I am critical in my comments, but I'm rooted in truths, facts, and data. Mr. Brian Foster made an incorrect statement during his public comment and stated both students were against Apex. I made sure to correct him in my public comment, one for and one against, hoping to demonstrate to our children that regardless what side you're on, honesty and integrity matter. However, I was surprised by Mrs. Pierce's follow-up comment and to put it bluntly, offended personally, as I was trying to argue and defend the district. Ms. Pierce said, and I quote, I do want to say a couple of things. There was a comment made that one student was against Apex and one was for, I want to be clear, the two students that represented us last time were both in favor of Apex. And we're speaking to the board with emotional pleas really to maintain Apex. In case you think I'm lying, at timestamp 40 minutes and 46 seconds of the study session, Ms. Brittany Flores said, and I quote, my name is Brittany Flores. I'm a junior. Learning math online was a tough experience and I failed math. My parents put me in a summer school apex. My experience learning math on apex was even harder to understand. I asked my friends for their opinion and they said, and I quote, I didn't learn anything because it was hard to understand and I couldn't remember anything. Thank you. Board, I hope you would agree that those don't sound like words in support for Apex. Maybe it was a misunderstanding. So how about the fifth year students receiving ADA? President Zang, Ms. Pierce forgot to give you the full picture. How do I know? Because I wrote to the superintendent's office at the Alameda County of Education. They wrote back and I quote, AB 104 does require education agencies to provide students with opportunities to address the needed coursework to graduate that may include a fifth year of instruction, dot, dot, dot. School district ADA includes attendance for fifth year seniors, as long as the instruction time and teacher supervision requires are met. I could keep going, but I'll just forward you her email. So President Zeng, the financial model you asked for only provided one side. And finally, my favorite quote by Ms. Pierce. That's why we have laws come out like AB 104. We want to make sure that not only you feel the moral obligation, but you feel the legal obligation to support through this time. Ms. Pierce, you reminded the board about AB 104, yet she forgets AB 104 specifically mentions to discuss all available learning recovery options, including the fifth year. And since Ms. Pierce brought up legal obligations, Ms. Pierce, you may want to remind Dr. Triplett about supporting NUSD's legal obligation for the California Public Records Act to ensure transparency within a public agency for community members. My request is at 158 days and counting. Board, taking a page from Mr. Medina, I hope you ask the staff to bring their A-game, because I don't think you want them to bring half-truths, and I want them to keep to the highest integrity. Thank you.

[7016] SPEAKER_42: The next speaker is Tammy Alcorta.

[7020] SPEAKER_36: Tammy, you may begin. I'm speaking here tonight on behalf of my two children who are freshmen in the Newark Unified School District. I've been trying to enroll them in the independent study program that is being offered to families who for one reason or another believe that at-home learning is what is best for them at this present time. I filled out the application as soon as it became available. I even followed up inquiring about my children's status. I received a denial letter the night before school started stating, due to the timing of my request, And because my children have an IEP, there was not enough time to hold a board meeting to discuss this matter. So far, I've had one meeting for one child and three for the other. Now, each of those meetings, only the case manager, vice principal, and myself attended, except for one meeting where the speech therapist did attend. At each of those meetings, I was informed that my children could not do the IS program because they would not be able to receive some of the services in their IEP. When asked what other options they could make available to my children besides in-person learning, I was told none. I'm sorry, but that is unacceptable. During distance learning, my children excelled. They each almost received a 4.0 and one of them even made principals honor roll while doing virtual schooling. They completed more work virtually than they have their whole academic career so far. To put my children into in-person school is not an option at this time for them. They have had panic attacks and anxiety issues each time returning to campus is mentioned. I as a parent do not feel comfortable sending them to in-person and fear for their mental, emotional and physical safety. I also fear that the progress they have made will regress. Their behavioral issues they showed while in person have went away. To deny them the IES program is unacceptable. They had their services during distance learning. Why are you unable to provide them now? I even offered to bring them to campus once a week so they can receive their services and was told, no, this needs to change. You are discriminating and punishing a child because they have an IEP. This is unfair and unacceptable and must change as you are basically telling me I have to choose between their safety, emotional and mental well-being or school. How can you possibly think that making a parent choose one or the other is okay? So I ask that you as a board help find a solution to this for me, my children and any other families who are experiencing these same issues. Thank you.

[7204] SPEAKER_41: Thank you. Next speaker.

[7209] SPEAKER_42: That's all the speakers for public comment.

[7212] SPEAKER_41: Moving on to superintendent report. I believe we have a public comment on this item. Mr. Rodriguez.

[7227] Mark Triplett: Thank you again for allowing me to speak for a few minutes. I didn't have a chance to speak after you did the evaluation of Superintendent Triplett back in June. But I know it was, from looking at it, it was positive. And I was on the team that, you know, brought Superintendent Triplett from Oakland to Newark, and during very challenging times. In all the years that Newark has been in assistance, which is 60, over 60 years, I would imagine, if not more, we've never had or gone through what we just did or we're still in the middle of with the pandemic. And every changing, every day seems to change. Now they're talking about lifting the mandate for wearing masks, you know, so. And most people, I'm sure, are going to continue to wear masks. And Dr. Triplett, It's part of the SELPA, which is the partnership we have for special needs children and for the three districts. Thank you, Ms. Molina, for bringing that up. And there's a reason why they called our kids special, the special needs kids, and they are special. And we try our best, and I'm talking we, but, you know, as parents, grandparents, in my family, there are special needs children. And they're just need a lot more love. And they give a lot more love. And I appreciate that. So I want to give my support to Superintendent Triplett and Ms. Gutierrez, his admin. They're new, as the board is. So the challenge is to, again, to have whether it's board workshops or retreats so that you can all get to know each other better and have your team move forward as you do the best job you can to educate our kids. So again, challenging times, but when we do have challenging times, that's when everybody really gets going and does the best to move our district forward. So I'm looking forward to seeing the new administration and a new board working together. And so that kids have the best possibility to have a good education. And I'm sure you'll do that. And I appreciate it. Thank you.

[7386] SPEAKER_41: Thank you. Sovereign and Trivoli.

[7392] Terrence Grindall: OK. Thank you to all the public speakers. And so we will start with the presentation. So this evening we wanted to speak on, I wanted to speak on a couple different things. One is give you an enrollment update. If you could go to the next slide please, Ms. Gutierrez. Enrollment update and then also speak on, give you a COVID update. There's been a number of updates in that area around testing and also vaccinations. I wanted to speak to those points. Next slide. So enrollment, we'll start here. And maybe go to the next slide, please. So as I always do, I wanted to show the enrollment information as of the 5th of October. And so you can see on the left side all of our schools, and then the projections for this year, and then the enrollment as of the 5th. then the difference on the right side between the projections and The enrollment on that day. So as you can see we as a district are We are quite below our projections. And so this is definitely something a cause for concern in speaking with other districts in Alameda County almost every district is currently below but we are approximately 5% I believe below blow up projections, and so that's significant, something we really want to keep an eye on. I did want to highlight again Schilling, who is pretty much at their projections, which is really exciting, and then also Lincoln, which is slightly over their projections. But besides that, oh, and then, of course, our Crossroads program is where many of the students that have gone to some of those other schools are currently in. So we currently have 163 students in the Crossroads virtual program that would have been going to some of our other schools in more normal times. So even though there's a large amount of students in the Crossroads program, nonetheless, we are still, including them, we are still 310 students below our projections. One of the things, if we go to the next slide, that we have done to start thinking about how, of course, increasing enrollment is a multi, multifaceted thing, but one of the things that we are doing is we are expanding the age requirements for TK. So that's something that we sent out in the last couple weeks, and already have gotten a really positive response. A lot of families, even more than I anticipated, to be honest, have expressed interest in enrolling their young children into the TK program. So fortunately, we have space in the TK program, and so we're welcoming a larger age group than normal. Next slide, okay. So, the next thing I want to speak about is the COVID-19 safety updates. So, as I said, we have a number of things to speak on. We can go to the next slide. First of all, I wanted to just share them. Oops. Oh, there we go. I just want to share our most recent numbers. So we post this on our website every week. It comes out by 5 p.m. on Tuesday, and this is for the previous week. So what is we were very excited about last week is we actually had zero cases of COVID, zero positive cases, both students and staff. And I really credit that with the work that staff have been doing and as well as families really being cautious and not coming to school if they weren't feeling well. And all of the safety measures that are being done at the schools I think is a real credit to getting to those numbers. I will say the numbers are going to go up and down. We should expect that. It would be wonderful if we stay at zero, but it's also probably not realistic. But we do see that we're headed in a positive direction. And so that's really fantastic. A couple things I wanted to just reiterate to the board and the community is there has been questions around when would there be a whole class quarantine? So in most cases, there's individuals that are test positive and then they go into isolation. And then students or staff who are in close contact also go into quarantine. But there are situations where an entire class or even possibly a school could go into quarantine. And so I wanted to speak a little bit about what those situations are. First off, if there is a situation where we are unable during contact tracing to do a full contact tracing because there is, for example, if there is the assigned seats or the seating chart isn't available, then if we can't determine who were close contacts and who were not in any given classroom, then the entire class would need to quarantine. And we have had at least one of those situations this year. The other situation is if there is student to student transmission of COVID. And up until this point, we've been able to really Mitigate that we have to my knowledge. We haven't had any student to student transmission in any of our schools up into this point But we also recognize that that could happen there It's you know, it's it's just the reality that we live in if that does happen The we partner with the Alameda County Public Health Department And they send out a school outbreak team to do an investigation. They do even more contact tracing, and they look at data across a number of weeks and across cohorts of students to determine if there is spread that's happening in the classroom or in the school, in which case then we would work with them and make a decision to quarantine an entire classroom or a school in some cases. Fortunately, we haven't had this situation yet. But again, we just want to be realistic that this could happen. And when it does, we'll act really swiftly. So I wanted to speak a little bit about staff testing. We began this a number of weeks ago. This is the governor's mandate that any staff, all staff had to show proof of vaccination. And if they were unable to show that proof, then it is required that those staff be tested weekly. It's also an option for staff who have been vaccinated. They can, of course, also be tested weekly. Results are now coming out within 24 to 48 hours of the test and the schedule, it's a weekly test by site. So all sites have a testing day. And then by October 15th, the state is mandating that we are fully operational with this requirement and that we are in fact testing every single unvaccinated or undeclared staff member. So thus far, the testing program has been going very well. And now we've started to do the student testing as well. And I'll speak about that in the next slide. So this week we started student testing and what this is is similar to the staff. It's an option for families who want to have their child tested for covid every week. And that happens on the same day that we do the staff testing in any given school. This is not required. So parents or guardians can consent to having their child tested. And this is really asymptomatic testing, meaning this is students who do not have symptoms but want to get a regular weekly test because we know from the county and the state and the health departments that this regular asymptomatic testing is actually an excellent way to mitigate the spread of the virus. Again, not required, and it's also no cost to families. Regardless of insurance or anything like that, there is no cost to families for this service. A little details about the student testing. We have both lower nasal PCR swab test as well as the oral PCR swab test. test for the younger students. Students can administer it themselves or they can be supported by a trained professional to administer the test. Test results will come back within 24 hours. It could take up to 72 hours in some cases, but the goal is 24 hours. And then families receive the information from the test via text or email, depending on the information that they requested. And then our school nurse also receives the results. And that is the way that we are continuing to really make sure that our schools are as safe as possible. If a child tests positive, then they need to go into isolation for at least 10 days. In addition, there are many different options for symptomatic testing here in Newark and across the Bay Area. So these are some of the places where any family or individual, for that matter, can get testing. If they are not feeling well, if they're showing symptoms, then they can go to any of these places. These are all free options for families. We are emphasizing that the testing program on the school sites is not for students who are symptomatic. So in other words, if someone is at home and doesn't feel well, they shouldn't come to school to be tested because, in effect, that would be bringing a sick student to school. And we really were trying to do the opposite. So that's why we're really sharing these and supporting students and families to use these if they are not feeling well. And then in terms of vaccinations, so we have offered free vaccination clinics. We did all last spring and continue to offer them. We had one on October 1st at Newark Memorial. 26 people were vaccinated. We offered both the first, second shots and a booster. And we're also planning flu vaccinations coming up. A lot of the health professionals are talking now about the risk of what they're calling a twindemic. So both flu and COVID at the same time, and so we're really trying to do everything we can to support families and staff to mitigate this. And so then did want to talk a little bit about the recent vaccine mandate that was announced. I think it's a little confusing to people. So we wanted to continue to message out our understanding of these requirements. So the governor announced that it will be required that all students in person be vaccinated once the FDA has given full approval for the vaccine. There are some exemptions, personal, religious, or medical exemptions. And we are waiting to get more information from the state about the details of those exemptions. But in general, it's going to be required that all students who are able and approved by FDA to be vaccinated will be required to do so to be in person. This is not a district mandate. This is a state mandate. So we'll have to follow that. And so just to break it down a little bit, so if grade 7 through 12, once the FDA has done the full vaccine approval, then the following semester is when we will have to require vaccinations for all students who are eligible in order for them to be in person. I did want to share this. This is data as of the 5th. around how many of our students are currently fully vaccinated age 12 through 17. If you look on here, these are all the county, excuse me, all the cities in Alameda County. Unfortunately, Newark continues to be very low percentage wise of students or young people age 12 to 17. So you can see on here, we're one of the lowest percentages of fully vaccinated young people, 51.3%. And you can see some in some places it's as high as 95 94 89% of the young people have been vaccinated. So I think it's important to show because we really want to continue to support our families and our students who are eligible to be vaccinated. We know it's the way that they're going to be safe and they're going to keep their community and their families safe. And so to that effect, there are so many opportunities right now for free vaccinations. Alameda County, if you go on their website, they have translation in all different languages. They offer up any place, all places that people can go to get vaccinated. They even offer in some situations to come to your home to offer a vaccination. And if you go to the next slide, Likewise, the state has a lot of information translated into all different languages about how to be vaccinated. So lots of opportunities, and we really want to encourage families to take advantage of this. And then today, new update that many of you probably have heard is that Pfizer currently asked the FDA today for emergency authorization for the vaccine for ages 5 through 11. So that's a request to the FDA. The FDA evidently is going to be reviewing that and plans to discuss the authorization on October 26th. So we don't have any more information than that, but we did just want to make the board and community aware of that occurring. And then lastly, for families, it was mentioned earlier, I believe, Crossroads Virtual Independent Study. We continue to offer this. So this is for families who are not comfortable, for whatever reason, bringing their kids to in-person learning. These are the current numbers of the number of students at each grade level. We have a number of combination classes. The upper grades, it's done through edgenuity with an NTA local teacher supporting the process. The younger grades, it's done without the edgenuity program. And so this continues to be an option. And that is the report for this evening. Welcome. Any questions?

[8329] SPEAKER_41: Thank you, Superintendent. Memorial?

[8335] Aiden Hill: Thank you, Dr. Triplett. Two questions. So first question, so I understand the issue of declining enrollment and how we need to employ different strategies to address that. You mentioned that one strategy was basically changing the eligibility dates for TK in order to expand that. And it's my understanding that that's normally a decision that the board makes. So I'm just curious when that's going to be brought before us to review and evaluate and make a decision on. So that's the first question. And then the second question is for Crossroads. How many, because I couldn't tell quite from your chart, how many kids are enrolled in Crossroads and are using the edgenuity program?

[8382] Terrence Grindall: Okay, so maybe I can answer the first question, or last question first. I believe we currently have 46 students in secondary, and I think it's around 112 in elementary. So it's the 46 that are using edgenuity with an NTA teacher or teachers. In terms of your first question, the TK eligibility, I do not think that that's a board decision. And so that's a decision that the staff made based on information that we had from various sources. And so that we did recently, I believe a couple weeks ago.

[8422] SPEAKER_41: So one of the follow-up questions I have is, I believe before we had this practice about sometimes we accept students for TK, but they're not eligible for the ADA funding. Are we taking into consideration about that if you expand the age eligibility?

[8437] Terrence Grindall: Yes, thank you. So that's correct. TK students, if we expand the age group, they do not receive, we do not receive ADA for them. The idea is, number one, we have space currently in our TK program. And so we felt like it's an important service to offer to the community, regardless of whether we're going to get funding for it, because we already have the teachers, and we already have the classroom space. But two, the idea is that when students enter TK, then eventually they become kindergartners. And then they become first graders, and second graders, and third graders. So it's a great way of bringing students in and bringing families into our system early. And then they become students who do generate ADA later on.

[8484] SPEAKER_41: Any other questions from the board? Oh, I guess another thing is that it looks like I got a letter from my health care provider. It looks like this Pfizer booster is starting to be widely available for people who meet certain eligibilities. One thing is since the booster is only available in Pfizer, and I guess the sponsor, the on-site free vaccination several months ago for the first flu shot, primarily Moderna, so how relevant is this booster when it comes to hosting that for our staff and teachers? Because I do believe the teaching position is one of the list approved by CDC that is recommended for the booster shot, right?

[8528] Terrence Grindall: Yeah, I'm happy to bring back more information about that. My understanding, although don't quote me, is that Johnson & Johnson have also applied to the FDA for the booster and maybe Moderna as well, but I'm not positive. But I can find out more information about that.

[8542] SPEAKER_41: Okay. Thank you. Moving on to the next agenda item, 11.1, ACOE approval of NUSD 2021-2022 Adopted Budget and Local Control and Accountability Plan. We do have a public speaker, Ms. Parks.

[8575] Maria Huffer: Just to go back, I think that you do get ADA the minute that the child turns five, but that was the last discussion. One of the things that when your budget came forward, you were very happy with what you were presented, and there was almost a celebration happening. And not that it didn't deserve to be celebrated, but I think this letter really tells the story. Yes, it was a nice budget. But if you turn to page two, it talks about your one-time money. Your COVID money is all that's floating your boat right now. is still there, and they talk about ACOE recognizes that. And they're telling you right here, they're warning you that you've got cuts that you're going to need to make. Your one-time money is going to go away eventually. Your hold harmless for ADA is right around the corner. You're going to have to deal with that. Your declining enrollment, you saw the numbers. It's been going on. for 20 years, to be honest with you. You passed a resolution saying you're going to cut $1.4 million worth of certificated and classified salaries. They mentioned that here. They know that that's out there. You have issues, financial issues you need to deal with, and you can't ignore them. One thing I will say is right now you're in a teacher shortage, and it's hard to get staff. It's hard, you drive around town and you can see all of the places that are looking for people to hire. So you need to balance. You don't want to get rid of people that then you're going to be sorry that you can't find anyone. Right now you're kind of dealing with that with your special ed. You have positions that aren't filled. Again, watch your money. It's not all roses.

[8709] SPEAKER_41: Thank you. I believe that's the only public speaker on this item. And Superintendent Triplett.

[8718] Terrence Grindall: Thank you, President Chen. So I'll have Ms. Dela Cruz explain a little bit more about this. This letter was a little bit confusing, and we did work with the county to make sure that it was, we were clear on what it was saying. And Ms. Dela Cruz can speak more to it.

[8738] Marie dela Cruz: Thank you, Dr. Triplett. So last June, the board approved the budget and the LCAP. And afterwards, we're required to submit it to the Alameda County Office of Education. And they review our budget and our LCAP based on Ed Code criteria and requirements. And both the LCAP and the adopted budget are both in compliance with all of the criteria and the requirements. Now, In the letter on page 2, there is a statement regarding projected deficit in the general fund of $4.2 million in 21-22. And I want to explain that this deficit is in the restricted funds. In the restricted funds, this really represents carryover spending from the prior year's restricted fund balance. And the unrestricted general fund is projected with a slight surplus of $381,000. So in reviewing this letter with the county, they did acknowledge that the deficit that was mentioned, normally they don't look at both restricted and unrestricted. And they recognize that normally in the restricted funds, when it does show a deficit, it's not a true deficit because it's money that's sitting in the fund balance. And we do recognize that our enrollment is declining, and we did include that in our multi-year. But like Dr. Triplett said, it's actually a lot more, and we're going to have to build that into our first interim.

[8843] SPEAKER_41: So before I open up this to the rest of the board, I want to take a moment to discuss, obviously, the letter was obviously sent to the board president, but forwarded to the rest of the board. Obviously, upon reading the letter, I also realized that 4.2 million deficit mentioned, and then I contacted the superintendent. And obviously, within a span of one or two days, I was able to get on to a Zoom session with Ms. Dela Cruz, who explained this to me. So I really appreciate the responsiveness and the quick response from the team, and the speedy communication I got from your team. I think the speed of the communication and the efficiency of the communication, without a doubt, have improved. really a lot under your administration, so I want to give your team the credit. I want to open it up for the rest of the board. Any questions from the board? Member Grindel, do you have any questions?

[8906] Bowen Zhang: I don't have any questions at this time.

[8909] SPEAKER_41: Okay, thank you. Moving on to the next item, 11.2, state and county updates impacting educational services. Silver, Lennon, and Triplett.

[8918] Terrence Grindall: Thank you, President Jun. So I'm going to have Ms. Pierce-Davis present on this report. We have a number of updates from the state regarding both graduation requirements and some other requirements that have been impacted by the pandemic and by the situation in the last two years.

[8947] Nicole Pierce-Davis: Thank you, Dr. Triplett. So, as Dr. Triplett said, there have been many, many changes and many new legislation come out in the last year or so. So, the presentation today is going to cover some of those changes, AB 104, AB 130, and SB 167. It's also going to start off with a fifth-year senior clarification. My hope is actually, since this was posted before our comments tonight, again, I come into this work very humbly. My team comes into this work very humbly. And we do have some clarification tonight. We hope that actually builds trust with our community, as again, this was posted before we heard some of the comments tonight. So I look forward to doing that. We also have some PSATSAT updates for our high school, as well as the state assessment update. So this will really be a very quick overview. Obviously, if there's information that you need in addition to this, let me know, and I will continue to bring that forward. So starting with our fifth-year senior, at the board meeting on September 16th, I did say that we did receive no ADA for fifth-year seniors. With continued research with my team, Ed Services uncovered some conflicting information actually on the CDE website. We brought this to Alameda County's attention, who also needed clarity. And so together, in the last three weeks or so, we've been working together to file a written request to the CDE for clarity. Again, I think I'm, I say this again, out of all due respect, I think I'm one of the few people up here with high school principal experience. In practice, in general, what it came to when we got the CDE response, it made a lot of sense as to why in practice oftentimes we do not earn ADA for fifth year seniors. That being said, it is possible, right? And I want to make sure I correct myself if I do make a mistake. And again, I come into this work very humbly. So I'm going to do something I normally don't do and read verbatim what was given to me by Alameda County. And what their final response, again, this took about three weeks to get because there was conflicting information out there. was in order for a date count as a day of instruction towards the annual instructional day requirement for ADA, schools must schedule students for at least the minimum school day per grade span or instructional setting. For a high school consisting of grades nine through 12, the minimum school day is 240 minutes or 180 minutes for two day averaging. However, there are a few programs such as concurrently enrolled special part-time students at a community college or a work education program that allows students to generate partial ADA when they are scheduled for less than 240 minutes. Thus, fifth-year seniors cannot generate partial day ADA unless, one, it's those states and their IEPs. So students with IEPs may have a shortened day for a reason. Or two, they are part of a special program such as concurrent enrollment with community college, work education program, et cetera. So what does that mean for us? means, generally speaking, students who are in their fifth years don't tend to enroll in a full day. Generally, what that means is that students would need to be full-time students as fifth-year seniors in order to generate ADA. Some districts believe that fifth year seniors should be enrolled. This is kind of common practice in districts near here, but this still has not been confirmed by ACOE. And in fact, we have a meeting with them tomorrow as well to continue this kind of journey and this learning together because we believe not only will it help NUSD, but it'll help other local districts in our county. So again, some important reminders regarding practical application here. So generally, there's sort of a school and student preference for fifth year seniors to enroll and only the courses required. In which case, if this were to happen, they would not result in ADA. And again, as stated by our community and in our previous presentation, AB 104 really does encouraging offerings of multiple methods to increase graduation opportunities for students, especially during this pandemic. That includes a fifth year. That includes things, other items as well, which we discussed in previous presentations. Oops, okay. Speaking of AB 104, that is just one of many that has come out. So again, just a quick timeline. I've been very much in support of timelines, given how fast everything's moving. So the state budget was passed in June. AB 130 and AB 104 came out in July. There was feedback. And then the cleanup language is in SB 67. So it's basically saying there was some Things that needed clarity out of AB 130, AB 104 as districts started to implement this legislation. And so the cleanup bill helped sort of modify or clarify items within those bills that had surfaced from practice and from use. So what's AB 104? So AB 104 supplements the process for retention requests. It allows grade chains from letter grades to pass no pass grades received during the 2020-21 academic school year. The information to do this is actually on our NUSD website if people are interested in learning more. But it also provides additional options regarding graduation for students who are in 11th and 12th grades during the 2020-21, excuse the typo, school year, who are not on track to graduate in four years. And I'm going to explain, that's in orange, because I'm going to explain that a little bit further on the next slide. That has some implications, some real implications for our high schools. AB 130 essentially outlined long-term independent study, what we're sort of dubbing long-term versus short-term or more traditional independent study. It expanded transitional kindergartens for universal eligibility for all four-year-olds by 2025-26. So you'll be hearing about that in the next few years. It also had budget implications for multi-tiered systems of support, teacher shortages, and special education. So again, I'm going to unpack what was in orange there for a little bit more. So this, I'm going to repeat, provides additional options regarding graduation for students who are in 11th or 12th grade during the 2021 school year. So that implies our seniors this year, as well as the seniors last year. So students that are off track to graduate are actually eligible to graduate with the minimum state required. This is a state mandated local program. So this is not something that the board gets to decide since it is a state mandated local program. This does have a lot of implications. This is not for all of our students. So I want to be clear. These are for students who are off track to graduate currently. And so counselors are meeting with eligible students. Students should not just assume that they are eligible for this. They really need to meet with their counselors and make sure that they know whether or not they're eligible before they attempt to go to the state minimum requirements. And it does have implications. Again, this has been a hard few years for our seniors, and the state is recognizing that. But we also need to understand that if students are able to graduate with the minimum state requirements, that's going to dramatically impact, like we saw with our other data from our first two school spotlights, Things like A to G, how many students are A to G eligible when they graduate as seniors? How many students can then go on if they do decide to go with the state minimum? That will make it harder to go into colleges moving forward. So those are all the conversations that we are currently having with families now. Schools, again, part of this AB 104 is also that schools are encouraged to offer multiple opportunities for students to complete coursework. And I think I said in the last presentation, this is not a choose one. This is a both and, generally speaking. We really want to open up as many opportunities for students to graduate. and do so with fidelity and with rigor, but also understanding that this, again, these last two years have been challenging for many, many families. And we want to make sure that we recognize that as well. SB 167 also had some additional changes, additional time for 2021 senior, juniors and seniors to request letter grades. We talked about that. Originally, there was a deadline of August 12th. They expended that to October 1st. And it actually goes beyond October 1st at district discretion. So that is for the remainder of the year. Staffing and extend substitute coverage. As you've heard from many, there's staffing shortages. So this also extends substitute coverage to 60 days per assignment. Used to be 30. Long-term independent study. Some waiver restrictions, really for extreme staffing shortages, which we have not experienced yet. Knock on foot, please. And then additional grant funding clarity and how we spend our dollars. And again, I can go into more details if the board would like. So the SAT-PSAT, so we're gonna move into assessment a little bit here, is actually being offered at Newark Memorial High School on October 13th. The PSAT will be offered to all grade 10 and 11 students for free. So we're very excited about this, for free. This was paid for in our LCAP dollars. And then the SAT will be offered to grade 12 at a $50 to $5 cost, but again, there are reduced costs for eligible students. We want to make it clear that this will most likely be the final year that NUSD will be supplementing the access or the cost for these tests, because they will no longer really be used in admissions decisions moving forward. Again, the pandemic has really changed the way that we look at college admissions. And so for that reason, and the lists are there, so I encourage our community to take a look. It includes Ivy Leagues, our UCs, as well as many others. are not, again, they will no longer consider PSAT and SATs when making admissions decisions. So as a group, we want to continue to think about what will give us and our students the best foot forward to be successful at their post-secondary options. And if that is no longer the PSAT, SAT, then we need to find something else. So that will be our work for the next year as well. In terms of assessments, just a quick, we will have adjusted blueprints for the SBAC, the California science test, the alternative assessment for science. This is also the first year that we are implementing, that everyone is implementing the alternate LPAC, which is basically a field test for students in special education who are language learners. So it's kind of, it's a little bit different than our standard LPAC. as well as the interim assessments for ELA and math. So with all that said, I just kind of wanted to, again, give an overview of the many changes that Educational Services is navigating at this time. And we are committed, even despite these changes, on keeping focused on our students and their success as we continue this year. Thank you so much.

[9591] SPEAKER_41: Thank you both for the presentation. Opening up to the rest of the board. Go ahead, member Marcus.

[9600] SPEAKER_25: Thank you. Ms. Pierce-Davis, I did have one question. What is the actual minimum state requirements and credits right now for the students that are at risk of not being on track to graduate?

[9609] Nicole Pierce-Davis: Yes, so the minimum requirements are 130 credits. It's not just credits. Those credits need to be in particular coursework. So they need to take, for instance, like, absolutely. Currently, our credits to graduate at Bridgepoint are $190. Our credits to graduate at Newark Memorial High School are $230.

[9628] SPEAKER_25: Thank you.

[9635] SPEAKER_41: OK, with no other questions, thank you for the presentation. Moving on to student expulsion. I'm sorry.

[9642] Bowen Zhang: Oh, member Grinnell, please go ahead. I'd just like to make a couple of comments. I want to thank you for the fantastic very informative presentation. I understood that you're still going to be working with students, even if they've got this option of the state minimum, still working with them to understand the implications in terms of their college eligibility. So I was heartened to see that despite the state lowering the bar, so to speak, your counselors are still going to be working with students to give themselves the best education and the best options to get into college. So I appreciate that. I also would like, if possible, for you to expand, if you could, on what sort of admission decision factors are going to be used by Ivy League and the University of California. And I imagine they're sort of industry leaders. So whatever they end up adopting will filter to other universities. So if you know anything more than you were able to provide in the update, I'd be interested.

[9725] Nicole Pierce-Davis: At this time, that is exactly what we're looking at. So we are all a little bit curious. Our counselors attend regular intervals with... College Board?

[9738] SPEAKER_41: College Board?

[9739] Nicole Pierce-Davis: No, but they work with College Board. And so I'm actually hoping to bring this to the board as a study session. We are going deep on A to G eligibility as an Ed Services team. And so we hope to continue doing this cycle of inquiry as a team and bring the information that we learn to the board as we gather that information. The standard, all other college admissions processes are the same in the sense of they're looking at grades, they're looking at community service, all of those kinds of things. But it'll be interesting to see if there is an alternative assessment that sort of replaces the SAT, PSAT. The ACT is still out there as well. So we look forward to bringing more information to you soon.

[9786] Bowen Zhang: Thank you. I'll be patient.

[9788] SPEAKER_41: Yeah, I think just want to add a comment on that I believe you see will starting in 2024 devices on admission exam for the UC. Yeah, so that's the plan for you see speaking well, I really I believe SAT 1 might be waived, but I don't think SAT 2 will be waived because for MIT and Caltech, a school like that, even 10, 20 years ago, their big emphasis is on the SAT 2 math and SAT 2 physics and chemistry. So I guess the SAT 2 will continue, the subject exam will continue to play a very important factor in their admission process. Seeing no more questions, moving on to student expulsion. I move that the board approves the expulsion stipulation. May I get a second? I second. Seconded by Member Marcus. Member Marcus, how do you vote?

[9842] SPEAKER_35: Yes.

[9844] SPEAKER_41: Member Grindel, how do you vote?

[9846] SPEAKER_38: Yes.

[9847] SPEAKER_41: Member Hill? Yes. Member Nguyen?

[9851] SPEAKER_35: Yes.

[9851] SPEAKER_41: My vote is yes as well. Motion carries with five ayes. 13, moving on to 13 public hearings, 13.1, sufficiency of instructional materials. The public meeting, the public hearing is opened. Any comments from the public? No comments. Seeing none, public hearing is closed. Moving on to new business, revised hourly rate for translators. I believe we do have public comments on that.

[9884] SPEAKER_40: We do.

[9887] SPEAKER_42: We have two public comments. These are virtual comments. OK. And the first comment comes from Mayra Perez.

[9904] SPEAKER_40: Mayra, you may begin. Mayra Perez. Please unmute your microphone, you may begin. Oh, Senora Mayra, si puede, ya puede empezar.

[9936] SPEAKER_42: One second as I try to unmute the microphone. Señora Mayra, puede abrir su micrófono, por favor?

[9955] SPEAKER_40: Okay, puede comenzar. Señora Mayra, puede comenzar.

[9992] SPEAKER_42: Sorry, I think we might have some technical difficulties. We can try and go to the next one.

[10007] SPEAKER_40: Señora Mayra? ¿Nos escucha? Señora Mayra, puede comenzar. I am the Executive Director of the District and a member of the Board of Directors. My name is Mayra Perez. I am the mother of three students in the district of Newark. One in third grade in the BGI school and two more in Newark Memorial High School in grades 9 and 10. First of all, I would like to thank you for presenting this issue to the Board of Directors. As a mother and beneficiary of the Interpreter Service, I know how important it is to understand lo que se nos dice y así estar al tanto de las necesidades en mi propio idioma. Sé que es necesario que los empleados reciban salarios adecuados, especialmente aquellos empleados que brindan un servicio tan importante en la comunidad. Sé de lo importante que es que como comunidad de habla hispana podamos sentirnos bienvenidos y así poder participar en las decisiones importantes en nuestras escuelas y por eso lo importante de poder comprender lo que se dice en cada reunión. Por este motivo, una interpretación de alta calidad debe de ser remunerada con salarios competitivos. Aunque deseo que el salario fuera más alto, les agradezco que aprueben, por favor, el nuevo programa salarial. Por su atención, muchas gracias.

[10110] SPEAKER_42: At this point, I'm going to try to interpret the message. Ms.

[10114] SPEAKER_40: Mayra Perez is a mother of three students in the district.

[10118] SPEAKER_42: And as a mother within the district and parent within the district who needs interpretation, it is important to have high, it is important to have proper wages. in order to put proper wages for interpretation, in order to encourage high quality translation from the district, and in order to make the community feel welcome and participate in school activities.

[10152] SPEAKER_40: She is thankful to the administration for bringing this item forward and understands that even though she wishes the wages would be higher, she understands the importance that proper wages will bring quality interpretation.

[10168] SPEAKER_42: And she urges the board to please approve this item. Thank you.

[10174] SPEAKER_40: Next speaker is Angelica Ballesteros. Angelica Ballesteros.

[10186] Cindy Parks: Hola, buenas tardes.

[10191] SPEAKER_40: Hola, buenas tardes, ejecutivos del distrito y miembros de la mesa directiva. Mi nombre es Angélica Ballesteros y soy mamá de un niño de segundo grado de la Escuela Music. Primero que nada, me gustaría agradecerles por presentar este tema en la junta directiva. Es necesario saber que tenemos que pagar salarios adecuados a nuestros empleados. Especialmente aquellos que brindan un servicio tan importante a nuestra comunidad. Es importante que nuestra comunidad de habla hispana se sienta bienvenida con la confianza y la seguridad de poder participar en las decisiones importantes de la escuela. Y para ello, deben comprender todo lo que se está diciendo. Por tal motivo, se necesita una interpretación de alta calidad. Ms. Angelica Ballesteros would like to thank the board and administration. She is a mother of a second grader at music

[10276] SPEAKER_42: And she's thankful for administration for bringing this item forward. She explains that the importance of having proper wages for our employees in order to provide quality work interpretation, especially to the community, in order to make them feel welcome, in order to participate, and in order to understand what is happening at the meetings.

[10304] SPEAKER_40: She understands, she explains that though she wishes the salaries of the employees would be higher, she understands that, she is thankful that this is coming forward in order to bring high quality interpretation, and she urges the board to approve this item.

[10318] SPEAKER_42: Thank you. And those are all the speakers for this item.

[10324] SPEAKER_41: Superintendent Trivela.

[10327] Terrence Grindall: Thank you, President, and thank you to the members of the public. So we are proposing that the rate increase for translation, we recognize that the previous rate or the current rate rather is extremely low and we did some comparisons with similar districts across our area and so we are trying to be competitive and also really recognize the important skill that's necessary to do this kind of quality translation and how important it is to our community. that we do have translation for families. Ms.

[10368] SPEAKER_46: Delacruz, do you wanna add anything to that?

[10374] Marie dela Cruz: Yeah, so we did do our comparison and the proposed rate that we would like to recommend is within the range of our surrounding districts.

[10390] SPEAKER_41: Okay, opening up to the rest of the board. Member Hill.

[10396] Aiden Hill: So thank you, Ms.dela Cruz. So can you tell us what the budgetary impact is going to be for this raising of the rate?

[10409] Marie dela Cruz: At an increase of almost $10 an hour, I mean off the top of my head, I mean that's I don't have a dollar figure, but depending on how many hours that we use for translation, it's not going to be a significant amount in our budget.

[10437] Aiden Hill: Okay, because the key, I mean, for me is just that, you know, when we have various line items and we put a budget together and we put a forecast together, you know, I think that when being fiscally prudent and responsible, we always want to look at if we're going to make a change, what's going to happen to that, you know, essentially the baseline and what's the delta going to be? And then I think that that enables us to make a decision to say, okay, is it material or not? So, I mean, can you give us a ballpark estimate of what, you know, is this going to, for that particular budget account code, is that going to, you know, is there still room in that to accommodate that, or are we going to be over budget? If so, how much?

[10486] Marie dela Cruz: Well, just thinking about 100 hours, you know, times $10, that's $10,000. And we do have some allowance in our budget to accommodate that for translation.

[10504] Aiden Hill: So we're thinking it's going to be about $100,000. Is that what we're thinking? I'm sorry, $10,000. It's going to be an extra 100 hours. OK. That's what the forecast is.

[10517] Marie dela Cruz: I'm sorry. Extra zero. OK. Okay, all right. Based on 100 hours.

[10525] Aiden Hill: So we're thinking that the net increase would be 100 hours over the course of a year?

[10532] Marie dela Cruz: No, that's just my base. If you're looking at 100, just simple 100 hours.

[10538] Aiden Hill: Okay, so how many hours do we spend usually in a year? Well, but we have a forecast, right? I mean, we should be able to say, here's how much we're going to spend on translation services for the entire year, right?

[10555] SPEAKER_41: Actually, I think that 100 hours might be reasonable. Because let's say one month, two board meetings. Every board meeting is five hours. So one month, you have 10 hours. You have 11 months of board meetings. So 110 hours might be the closer estimate, rather than 100 hours. So I would assume. So this transfer is only dedicated for the board meeting, right? or he has otter assignment, otter duties?

[10577] Terrence Grindall: This is just an increase in the rate. So it would be for any of the translators. Yeah, that's correct. So if the board wishes, we're happy to bring back some more specific numbers of a prediction of the possible increase.

[10607] Aiden Hill: Yeah, I mean, I would appreciate that.

[10611] Marie dela Cruz: It varies because it is an hourly type of time carded position.

[10615] Aiden Hill: But yes, I mean, it's just it's a it's a forecast, right? So we're going to say, OK, here's what we I mean, here's either what it is currently and then here's going to be the net increase and here's going to be the associated dollar impact. So I think that that's that then helps us, you know, make an understanding, you know, decide, OK, is this something we can afford or not?

[10634] Phuong Nguyen: So member Hill is basically asking, for last school year, how many hours did we pay for translation? And then if we were to increase this by an additional $10, how much would that cost projecting for next year?

[10650] Aiden Hill: Thank you. You're much more succinct than I am.

[10653] Terrence Grindall: No worries. So we can run some estimates. I think there are some intangibles there. So they will purely be sort of possible predictions. But there's a number of issues that we have to wrestle with, one of them being when we're not paying a sufficient rate, then oftentimes we don't get translators. So you could say that that saves money, because we don't have a translator to pay. But in fact, we know that that's actually doing a great disservice to our community. And then other times, we have to actually pay for a service that's much more expensive. And so that also adds a cost. So we're happy to make some predictions and do some estimates. But just knowing that there's a lot of intangibles, that they'll purely be estimates.

[10708] Phuong Nguyen: President Chong, could you call for a vote?

[10711] SPEAKER_41: Well, I guess if we're going to get the estimate on this, Is the board OK voting later or voting this time?

[10719] Phuong Nguyen: I'm OK voting today.

[10721] Aiden Hill: I would prefer that we get the numbers.

[10723] Bowen Zhang: I mean, we're going to get a number. President DeJong, this is Terrence. I just want to say that I appreciate the concern about getting the details. However, I think we need to pay competitively so that we can have this service available. So I'm happy to make a motion to approve this staff recommendation.

[10743] Phuong Nguyen: Yes, I'm in agreement with Member Grindel.

[10747] SPEAKER_42: I currently have a motion from Member Grindel on the table.

[10752] Phuong Nguyen: I second.

[10753] SPEAKER_41: Member Marcus, how do you vote? Member Grindel? Yes. Member Hill?

[10763] Aiden Hill: I can't vote for something until I see the fiscal impact.

[10767] SPEAKER_42: Member Hill, is this a no?

[10770] SPEAKER_41: Yes, it's a no. Member Nguyen?

[10773] SPEAKER_35: Yes.

[10774] SPEAKER_41: My vote is yes as well, but Superintendent Triplett, do bring back the estimate for this. Absolutely. Thank you. That can just be a board communication, email sending to the rest.

[10784] Terrence Grindall: OK. Thank you.

[10788] SPEAKER_41: Moving on to Latinx Heritage Month resolution. I believe we do have public comments. Mr. Medina?

[10799] SPEAKER_42: Mr. Medina, you're available. More public comment time. Yes, for public comment.

[10810] SPEAKER_29: We're members, I thank you again for this great resolution that's coming up. I'd love to hear about it. I thought last meeting that we're going to try to get parents to be involved. I didn't hear about it, not from my school, which is right there, music school. Not one email. So when it comes to resolutions, it's great. But actually doing the work and putting the actual images of Latinos there in classroom, spending more time with Latinos, bringing in actual libraries that have Latino images. And one of the schools that has a lot of Latinos. So I hope that tonight, this resolution is inclusive of Latino kids with disabilities. I like to see kids, Latino faces, like my daughter, that are there working hard to get an education and see her face somewhere else and see someone with a walker. I like to see that. So I hope this resolution has more than just simple writing and simple words. Actually, I want action. I thank Ms. Gutierrez for doing her best in translating into Spanish, but that shouldn't be her job. Hopefully, she gets to pay extra. But if not, I thank you for it because she says she's going to try to do better in that position. But it's the responsibility of the board to acknowledge what to do best for this district. This district is lacking more and more. And I hope this new member, hopefully, get to meet her. And she becomes inclusive of all Latinos, not just Latinos of the previous board member that she only dedicated to certain members of this community, but all Latinos. And I hope every board member here starts actually working hard for this Latino community that you guys are going to talk about today. I want to see in this district office Latino images. That's what matters, not just a simple resolution. Come on. That became the basic. A board member that was here had to come out and ask you guys to do this. That was pretty sad. for me, there should be basic things that are happening in this community and this district. And I'm not saying that this staff or anything, but we need to work together. HR, I hope you can dedicate yourself for bringing more Latinos to this district.

[11004] SPEAKER_41: Thank you. I believe we have virtual speakers.

[11008] SPEAKER_40: Correct. The next speaker is Adriana Lopez. Ms. Adriana Lopez, you may begin.

[11019] SPEAKER_39: Good evening, Newark Unified Board members and district staff. My name is Adriana Lopez, and I would really like to take a minute to thank you for bringing this resolution to the table. We really needed it. It is a very important step in representing the Latinx students and families in our district. We definitely need this to be approved if we want to improve the outcomes of our underserved community and actually help the students to succeed. Although we need more concrete actions, we trust the district to implement these actions that will hold them accountable to our students. I support the passing of this resolution and please keep us Latinx parents in mind to help provide guidance of programs that will prove to be a positive impact in our students. We are here to stay, and we would like to support you to help our community thrive and demonstrate what an asset we are once embraced. Thank you very much.

[11087] SPEAKER_41: Thank you. Next speaker.

[11090] SPEAKER_42: Thank you, Ms. Lopez. The next speaker is Veronica Torres.

[11097] SPEAKER_40: Ms. Torres, you may begin. Necesitamos que realmente esto sea aprobado para así poder brindar más herramientas para nuestros estudiantes en su éxito académico. Aunque también necesitamos acciones más específicas y concretas, es decir, programas, herramientas y apoyos específicos para necesidades específicas de nuestra comunidad. Confiamos en que el distrito implemente medidas que los hagan, así dar voz a esa solución. Y por favor, ténganos en cuenta. Nosotros podemos ayudarles a proporcionar las orientaciones en cuanto a programas para así que resulten de un impacto positivo a nuestros estudiantes. Estamos aquí para quedarnos y nos gustaría apoyar sin duda a nuestra comunidad. y así todos prosperar y demostrar la gran capacidad que tenemos como comunidad latina.

[11191] SPEAKER_39: Muchísimas gracias.

[11196] SPEAKER_40: Thank you.

[11197] SPEAKER_42: Okay, thank you. Message from Ms. Veronica Torres is that Ms. Torres would like to thank the administration for bringing this resolution forward. It is an important step to promote the needs of our community.

[11214] SPEAKER_40: which we need to improve in order to bring adequate program to help students succeed.

[11222] SPEAKER_42: In addition to this resolution, we need specific items and actions that are going to bring success, promote success for our students. We need these actions. As parents and community members, they would like to make themselves available in order to provide additional support to administration and provide guidance or assistance in regards to the programs that would be needed. Programs that they could suggest to help promote success to Latino students in our community.

[11256] SPEAKER_40: This Latino community is here to stay.

[11259] SPEAKER_42: And with the help of administration and the community, they together want to help bring success to Latino students in the district. Thank you.

[11268] SPEAKER_40: Next speaker is Esther Garcia. Esther Garcia, you may begin. Esther Garcia.

[11277] SPEAKER_42: Señor Esther, puede comenzar?

[11279] SPEAKER_39: Buenas tardes, ejecutivos del distrito y miembros de la mesa directiva.

[11291] SPEAKER_40: Mi nombre es Esther Garcia. Antes que nada, agradeciendo el que estén trabajando en esta resolución. Lo importante es que sea aprobada, ya que más del 50% de la población estudiantil es latina. Por dicha razón, y si deseamos el éxito para nuestros estudiantes, necesitamos que se apruebe esta resolución. and also implement specific actions for the development and support of a positive change. With programs that really help and benefit everyone. Thank you. Thank you, Ms.

[11334] SPEAKER_42: Esther. Garcia would like to thank the administration for bringing this resolution forward. But most importantly, she explains that it is important to approve this resolution. Most important is to bring this resolution forward. And in order to bring success to the Latino students of the community, the district needs to provide specific actions as to how they will implement programs that will be beneficial to Latino students. And she is urging the board to approve this resolution. Thank you.

[11377] SPEAKER_40: Okay, one more speaker. Okay, next speaker is Soyla Avila.

[11396] SPEAKER_42: Oh, one second. Might be having some Zoom difficulties. Sorry, Miss, I would I am trying to unmute your microphone. I do apologize, Zoom is not responding in order to unmute her microphone. I think she was having technical difficulties. It's no longer available. So that would be the end of the comments.

[11494] SPEAKER_41: Superintendent Triplett.

[11496] Terrence Grindall: Thank you, President Jones, and thank you to all the speakers. So I just, first of all, I'm really excited that we're bringing forth this resolution. And I recognize it's long overdue. And I also really want to be, really want to express gratitude to the community for calling for this, for demanding this. And I also want to preface this as really what we hope is a launch, just the beginning of a multi-year plan for how we can address disproportionality, engage the Latinx community, and improve outcomes for our Latinx students. So in the last two weeks, there's been a tremendous level of engagement. with the community and with just two weeks, unfortunately, what you see tonight, this resolution, is not a comprehensive plan. In two weeks, it's not really possible to do that in an authentic way with the community. So what we really want to do is commit and really think of this as the beginning and as a call to action for continued engagement with the community and building of a comprehensive plan to address the inequities that do exist. So I'm going to turn it over to Miss Pierce-Davis, who really led an amazing process in the last two weeks of engaging many, many different stakeholders. And I'll have her talk a little bit more about that.

[11576] Nicole Pierce-Davis: Thank you, Dr. Triplett. I echo exactly what you said. I think the call from our community really sort of strengthened that we really are on the right path here with our culturally and linguistically sustaining practices. So it was drafted in partnership. I want to uplift these communities with Newark Memorial High School students. It was a pretty large group, about 26 came to that session. Bridgepoint High School students, Newark Unified School District Educational Services team, Our district staff, there was an open invitation, as well as community organizations, Promotores and Avanzando, who also included some parent focus groups, which included our city council representative, Susie Collazo, as well. I will say, if this is approved tonight, our high school students at Newark Memorial High School were very excited, and in hopes that it would be approved, actually videotaped themselves. Although we were getting it translated, they did not want to wait for us and they translate it. So you might notice some slight differences in translation as they read it, again, if it gets approved this evening. But I am just so proud of the way our students represented themselves at these sessions. And I'm very proud of the work that we were able to do together.

[11656] SPEAKER_41: Thank you. I move that we adopt Memorial.

[11662] Aiden Hill: Yes, thank you. So again, I'm a little bit troubled with the process because it seems like it's a repeat of prior processes related to resolutions, where the people that are consulted are students, and staff insiders, and maybe a few hand-picked selected groups, but it's not the broad community. I mean, and I think that we just heard somebody come and speak to say he wasn't even aware that this was happening. And we talked specifically about getting parents involved. It doesn't really seem like we had parents involved in this. So I'm concerned, but I'm also, I'm more concerned. I think that there's a lot in the resolution that's good, But one of the things that I am concerned about is that there's language in here that is the first time that I'm seeing this as a board, as a member of the board. And so I'm reading this. It says, whereas students who identified as Latinx Hispanic lost more instructional minutes, 88, 979, due to absences than any of the other four largest ethnic racial subgroups represented in USD combined. as measured by the mid-year attendance report for 2020-2021. So why is it that this is the first time we as a board are hearing this? This seems to me to be like an emergency. And why are we focusing in on resolutions instead of, as we've heard from other community members, we need to be focused on action. So I wanna know why we weren't focusing on this earlier. So again, I'm just, I'm disappointed because it just seems like we do a lot of things that are symbolic, but we don't actually back it up with action. And so I'm hoping that this is going to change going forward.

[11781] Nicole Pierce-Davis: To answer your question, this was raised in educational services. So that data point came from our educational services team meetings, where at the end of the year, or at that point of the year, our Pupil Services team decided to use that data point as a launching point for some real attendance work moving forward and some really targeted attendance work. Obviously, our Director of Pupil Services went out on maternity leave, and COVID has been an interesting way to come back in terms of attendance. But that still does prove to be a focus area for our team, and we will absolutely continue to make it one.

[11820] SPEAKER_41: I move that we adopt Resolution 2021.22.08, recognizing Latinx Heritage Month from September 15th to October 15th. May I get a second? I'll second. Seconded by Member Marcus. Member Marcus, how do you vote? Yes. Member Grundahl, how do you vote?

[11840] SPEAKER_24: Yes.

[11840] SPEAKER_41: Member Hill, how do you vote? Yes. Member Nguyen, how do you vote?

[11844] SPEAKER_35: Yes.

[11845] SPEAKER_41: My vote is yes. Motion carries with five ayes. I believe that we have taped

[11854] Terrence Grindall: Yes, normally we, I know the board likes to read out the resolutions, but if it's okay with the board, we do have this recording from students. It is in Spanish. I believe we did put in some subtitles. Is that correct, Ms. Pierce-Davis? But if you all will indulge us. It is a little bit long, just to give you a warning, but it is a long resolution as well.

[11883] Cindy Parks: Considering that historically the Latinx heritage of the United States has been a constant and vital influence in the growth and prosperity of our country, Considering that Latinx heritage is a moment in the history of our community, a real Latinx spirit of self-determination, dignity and respect for cultural heritage, the Latinx heritage and culture register is raised and the Latinx presence is recognized in politics, economy, social and cultural life in the United States and around the world. On the other hand, the culture of Latinx people is tied to the identical, indigenous, and ethnic residence. Latinx people are united by a multidimensional, multidimensional, and multicultural network that includes people of all religions, races, nationalities, and ethnicities.

[11952] SPEAKER_40: Considering that Latin music in California is a diverse mix of immigrants from the first generation and residents of Latin America, it reflects a variety of different cultures from different parts of various countries around the world, which have enriched our community in a way

[11983] Cindy Parks: Considering that the observation began in 1988 as the week of the death of the Queen, when President Lyndon Johnson was murdered by President Ronald Reagan in 1988, to cover a period of 30 days that begins on September 15 and ends on October 15, it was conducted as a law on August 17, 1988,

[12014] SPEAKER_40: Considering that the 5th of September is significant because it marks the anniversary of the independence of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their day of independence on September 16 and 18 respectively. In addition, the day of the race, which is October 12, falls within this period of 30 years and Considering that in 2020, Latin and Hispanic Americans in the United States constituted approximately 18.5% of the population of the United States, which makes them the largest minority racial group in the country. In addition, 39.4% of the population of California and 34.8% of the population of Newark, California, identify as Latin and Hispanic.

[12077] Cindy Parks: and considering that 52.8% equal to 2,994 of the students enrolled in the district of Newark identify as Latinos and Hispanics and 67% of the staff of the district of Newark identify themselves as of their ethnic origin as Latinos and Hispanics

[12109] SPEAKER_40: For example, today approximately 29.2% of students in the district of Newark speak Spanish as their main language, and of the 2,130 students in the district of Newark who are learning English in the district of Newark, 849.75% are native Spanish speakers and

[12131] Cindy Parks: We hope that the students who decide to come to the Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Spanish-Peloponnesian Considering that in 2019, 84.7%

[12182] SPEAKER_38: percent of students who identify as Latinos or Hispanics graduated from high school, and only 25.2 percent of those students graduated ready for college.

[12191] SPEAKER_40: The careers in the United States are held by the University of California,

[12211] Cindy Parks: Considering that the Latinx community in Newark has used their voices to provide equitable access to academic and professional opportunities, and... Considering that the Newark District is taking measures to establish quality programs that support multilingual achievement and emerging bilingual support, how will you

[12240] SPEAKER_40: Introduction of a program of immersion in two languages in 2021 to 2022, which offers a point of secondary school of Chicano studies, increasing the percentage of students who graduate with the seal of the state of Alpha Beta Alpha. I'm going to be speaking in Spanish. Now, as soon as it is resolved, the Board of Directors of the Newark District, by the present program, which is from September 12 to October 15, will convene in the city of Valencia, Latinx, in recognition of the many contributions of Latinx to the County and our community. Therefore, it is necessary to add that the people of the community of the District of Newark observe, recognize, and celebrate the culture, heritage, and contributions of Latinos to our country, our state, our city, and our schools.

[12322] Cindy Parks: Therefore, it is also resolved that the District of Newark continues to invest in the program that it affirms that it wants to promote multilingualism and the positive representation of Latinx cultural histories and constitutions. It is committed to the continued association with Latinx communities to promote excellence and equality. When so much is resolved, the enemy is committed to return in a way...

[12376] SPEAKER_40: professionalidad en nuestros programas académicos para lograr el éxito académico de estudiantes y el bienestar socioemocional.

[12396] Cindy Parks: Therefore, it is also resolved that the district of Nuevo Concepcion has a professional ambassador for its staff on how to recognize the old and unique challenges that our student history brings to our community, to illustrate the practices that have been carried out in accordance with the academic achievement of the year.

[12421] SPEAKER_40: Therefore, the district of Newark continues to provide services such as high-quality translation services, customer service training, which is relevant for staff and programs for parents and families, which help Spanish-speaking families to access a nuestro sistema educativo y recursos comunitarios con el fin de dar la bienvenida, alentar y empoderar de manera efectiva a nuestras familias latinas, hispanas, para que se involucren auténticamente en nuestra comunidad educativa y apoyen el éxito académico de sus hijos. In addition, the District of Newark is committed to taking action to promote systemic and institutional diversity through the establishment of a culture of cultural and industrial harmony in our schools, districts, and communities in general. Approved on October 7, 2021.

[12514] SPEAKER_41: Okay, moving on to the next resolution. Resolution number 2021.22.06, Week of the School Administrator. Do we have public comments on this? Superintendent Triplett.

[12531] SPEAKER_46: Thank you, President Hsu. Ms. Ingham-Watters, do you want to speak on this, please?

[12542] SPEAKER_14: Hello. I never get to talk at this microphone. All right, so next week is Week of the School Administrator. And this is an opportunity to acknowledge the hard work of our site administrators supporting students and their success, as well as the communities that they serve. This is an annual resolution to highlight next week designated as such. And we're very appreciative of our administrative staff, especially those with their feet on the ground at the sites.

[12575] SPEAKER_41: I move that we approve resolution number 2021.22.06 to honor NUSD administrators during the second full week in October, October 11th to October 15th, 2021. May I get a second?

[12587] Phuong Nguyen: I second.

[12588] SPEAKER_41: Seconded by member Nguyen. Member Marcus, how do you vote?

[12591] SPEAKER_35: Yes.

[12593] SPEAKER_41: Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen?

[12599] SPEAKER_35: Yes.

[12600] SPEAKER_41: My vote is yes as well. I believe we need to read this, right? Okay. Yes, that's correct. Okay, I'll start with myself. We call it the School Administrator, whereas leadership matters for California's public education system and the more than 6 million students it serves. And whereas School Administrator are passionate, lifelong learners who believe in the value of quality public education, and whereas the title School Administrator is a broad term used to define many education leadership roles, superintendents, assistant superintendents, principals, assistant principals, special education and adult education leaders, curriculum assessment leaders, school business officials, classified educational leaders, and other school district employees are considered administrator. And member Nguyen.

[12645] Phuong Nguyen: Whereas providing quality service for student success is paramount for the profession and whereas most school administrators begin their career as teachers, the average administrator has served in public education for more than a decade. Most of California's superintendents have served in education for more than 20 years. Such experience is beneficial in their work to effectively and efficiently lead public education and improve student achievement and

[12674] SPEAKER_41: Whereas member Hill?

[12679] Aiden Hill: Whereas public schools operate with lean management systems. Across the nation, public schools employ fewer managers and supervisors than most public and private sector industries, including transportation, food service, manufacturing, utilities, construction, publishing, and public administration. And whereas school leaders depend on a network of support from school communities, fellow administrators, teachers, parents, students, business community members, board trustees, colleges and universities, community and faith-based organizations, elected officials, and district and county staff and resources to promote ongoing student achievement and school success and... Member Marcus.

[12725] SPEAKER_25: Whereas, Richard shows great schools are led by great principals and great districts are led by great superintendents. These site leaders are supported by extensive administrative networks throughout the state. And whereas, the state of California had declared the second full week of October as the week of the school administrator in Education Code 44015.1. And whereas, The future of California's public education system depends upon the quality of its leadership.

[12757] SPEAKER_41: Okay, Member Grundahl, I'll let you finish.

[12760] Bowen Zhang: Thank you. Now, therefore, let it be resolved by the Governing Board of the Newark Unified School District that all school leaders in the Newark Unified School District be commended for the contributions they make to the success of student achievement.

[12776] SPEAKER_41: that's passed and adopted this 7th day of October 2021. The ayes are five, the noes are zero, abstention zero, absent. Absent zero, okay. Thank you for our school administrators. We appreciate your work. And moving on to the next item, 14.4, proposed boundary for Musick Elementary School and consolidation. Superintendent Triplett.

[12802] Terrence Grindall: Thank you, President Jordan. So this is the first reading and discussion of proposed boundaries for the music elementary school consolidation. So I'll have Ms. Dela Cruz explain more about the proposed boundary and the impacts of that.

[12823] Marie dela Cruz: Thank you, Dr. Triplett. So on November 19, 2020, The board approved the consolidation of Music Elementary School, and the board had requested that the impact should only be for two other sites. And so the boundaries that are proposed are, I mean, the boundary that's proposed, it's along Thornton Avenue. And any students that live north of Thornton would be assigned to Kennedy Elementary. And students living south of Thornton would be assigned to Birch Grove Primary or Birch Grove Intermediate. What we are planning to do is for students attending music in this year would be to provide them a unique option to request their top three choices. And we would try to accommodate them as much as possible and as feasible.

[12889] SPEAKER_41: This is only a discussion item. Any questions from the rest of the board?

[12893] Phuong Nguyen: Yes, just a clarification. So when you said the boundaries are going to change, it's north of Thornton and Newark Boulevard, correct?

[12910] SPEAKER_41: Yeah, I mean, I think the other side of Newark Boulevard has never been part of music, if I'm correct.

[12917] Phuong Nguyen: Correct.

[12919] Marie dela Cruz: Yes, that's right.

[12924] SPEAKER_41: Yeah, I think this boundary makes sense to me. Any other comments from the rest of the board?

[12932] Bowen Zhang: Member Wendell? This is Terrence. Could you describe the process that's used for the students currently attending music to request other schools how that works is that typically how it's done?

[12953] Terrence Grindall: Yeah, I can speak on that member Grindel. So we want to create a unique experience this year because of the situation and really prioritize the families that are currently at music to have options for where they go. So what we will do is the plan is to They will, based on this boundary, they will have a new homeschool. But we want to also offer those families the opportunity, if they wish, to select two other options so that they have three top options. And then we will do our best to ensure that families get one of their top three, one of which would include the new homeschool. What we've done is we've based on this tentative new boundary, we ran some random numbers in terms of to make sure that The current families on both sides of that boundary would, in fact, be able to fit into the schools, the new homeschool. And we've determined that there is the space in the facilities to enable that. However, we do want to, again, offer and really prioritize those families to have options because we recognize how difficult this whole process is for families being uprooted from their current school.

[13037] Phuong Nguyen: So just for clarification.

[13038] Bowen Zhang: Thank you. I applaud you for providing those options.

[13044] Phuong Nguyen: I apologize for the interruption, member Grindel. So just for clarification, in terms of the current students at music, for their top three choices of new homeschool, it could be at any of the sites in the district.

[13060] Terrence Grindall: That's correct. One of their options will be their designated homeschool. So if they're going to be in the new BG zone, then that would be one of their three choices. And they would have two other choices. And then we would ask them to rank those choices according to a priority. And then we would do our best to get them their top priorities.

[13081] Phuong Nguyen: Thank you, Superintendent, for the clarification.

[13084] SPEAKER_41: So is this going to bring back to the board for a final vote on the boundary later on?

[13089] Marie dela Cruz: Yes, we are planning to take this to the board at the next board meeting, October 21st, for a recommendation in action.

[13098] Terrence Grindall: If I may, President Hsu, we are eager to establish this boundary because families, we recognize families really want to know where they're going next year. And normally that enrollment registration would happen in the spring. But what we're really trying to do is for music to enable this whole process to happen before the winter break. So a very short timeline, but again, we really want to prioritize these families and relieve some of the anxiety that they might have about where they're going to be next year.

[13135] SPEAKER_41: Member Marcus.

[13136] SPEAKER_25: Yes, thank you. Dr. Chippell, I have a question. So will parents be able to do this online? Will they need to come in and do so in person? How will this take place when it comes to filling in their rankings?

[13150] Terrence Grindall: Thank you for that question. Yeah, I think we should be able to have a process both online and in person. So whichever one is most convenient to the families.

[13159] SPEAKER_25: Thank you.

[13161] SPEAKER_41: Given this is discussion and information only, we'll be voting on this in the next board meeting. Moving on to the next item, 14.5, draft SR 3 expenditure plan. Do we have public comments on this?

[13177] SPEAKER_42: Yes, President DeGioia.

[13178] SPEAKER_40: We do have one public speaker on this, and it's Mr. Eric Tam. You may begin.

[13189] SPEAKER_16: This is a super short one on page seven and application. There's a line item for building highly effective teams costing $63,000. The description says with wide site leadership support monies allocated to develop instructional site leadership teams that are responsive to current instructional realities created by COVID-19. On page nine of the application, the accountability plan states, assistant superintendent of educational services will monitor the effectiveness of site leadership teams through the administration evaluation process and ongoing one-on-one coaching. This will be performed on a monthly timeframe. May I ask what curriculum, program, or resources cost $63,000? There's a lot of free curriculum out there that is helping address hybrid and distance teams and leadership these days. Some solutions you might be interested are Mr. Laszlo Bloch, former head of Google HR and founder of Humu, is hosting a webinar specifically addressing building effective hybrid teams during COVID on October 28. The price? Free. Resources like the five dysfunctions of a team by Patrick Lesioni used by many companies, all are only $10 a copy with many programs centered around this material. I hope that the district will try to leverage the many more cost efficient programs and hope once again, the NUSD will not be hiring another consultant. And since you were discussing about paying competitive rates for translation for our Latinx community, I hope you can use this $63,000 to free up other general funds to help our Latinx community. Thank you.

[13277] SPEAKER_41: Thank you. Superintendent Troublet.

[13281] Terrence Grindall: Thank you. So I'd like to turn this over to Mr. Dolowich and also Ms. Dela Cruz, and they're going to explain the very thorough process that has occurred with regard to engaging community and staff into the ESSER plan.

[13305] SPEAKER_11: Good evening, members of the board. It's nice to see everyone. Again, my name is Mr. Dollish, Director of Teaching and Learning in Ed Services, and I led and coordinated part of our district initiative regarding ESSER III funds. So three objectives, and I'll be brief with our presentation. One, to review the American Rescue Plan Act as it relates specifically to the allocation of ESSER III funds. Two, to detail the Newark Unified School District timeline with respect to stakeholder input and to also distinguish between allowable and not allowable expenditures for ESSER III. Then three, most importantly, to express how we received stakeholder input, what that means for allocation and expenditures, and also share a little bit more as I provide this information in advance of October 21st when we bring the final presentation to you. So just a little context and background. As you may be aware, in direct response to COVID-19, U.S. Congress passed the American Rescue Plan Act. It was officially signed into law on March 11, 2021. ESSER III is the third stimulus package with respect to COVID-19. And I'll talk more about that momentarily. There are two stipulations for the ESSER III plan, which is defined as the elementary and secondary school emergency relief funds. The first is a complete and safe return to in-person instruction plan, which can be found on our website. The second is what we're talking about here tonight in advance of October 21st. Specifically, how do we target and address academic, social, emotional, and mental health needs of our students as a direct result to the pandemic? I did meet with the co-author of this document in Sacramento. And so she helped shed light on how to approach this and engage with our stakeholders. Because of that meeting and also meeting with the county leaders, We designed this timeline for stakeholder input. On September 9th, we held a district summit. Many here this evening, both in the audience as well as district leadership, were at Music Elementary. And we then met with a number of additional stakeholder groups. Yesterday I met, for instance, with the special education parent group. We've met with members of the parent advisory committee. And we've also received input from our principals and also trained them to then go to either coffee with the principals or school site council meetings to engage with their respective communities and school staffs. And then finally, we've met with each of our three labor partners. That would be CSCA, NTA, and NEWMA. And so from that you can see that clear timeline tonight. This is an informational presentation. Be happy to clarify and answer any questions and then we will update and finalize the presentation for board approval on October 21st. We turn around quickly submit it to the county. County reviews it, clarifies questions, and then submits it to the state level. We do have until September 2024 to complete the expenditures of the funds. And the funds for our local education district are approximately $4.2 million. Of that 4.2 million, approximately 20% of the funds need to be dedicated for lost instructional time. Most districts are targeting either after school programs or extended summer learning programs. And then the other 80% we're going to talk about this evening. And so some of those concrete, tangible uses for those funds, how would that look in a school district, especially as a direct result of COVID-19? Some examples you see on the left, permanent shade structures and outdoor tables and seating, both for instructional purposes, for our teachers to take instruction outdoors, because we know the virus is less transmitted out there, as well as eating lunch or having recess outdoors. Mental health services, which we know is a huge need for our students upon return. from distance learning, intervention teachers, you heard here tonight, HVAC repairs and replacements to improve the air quality in our classrooms, independent study teachers, as we've talked about, crossroads for our students that need to maintain virtual learning. And then some examples could be online platforms, campus monitors, or anything that targets unfinished learning that's been brought up here tonight. And so as a part of this deck, I'm not going to go through it, but it is linked directly into California's Department of Education with respect to allowable uses. There are 16, many with educational verbiage, but it could be technology with respect to Chromebooks for our students. It could also be the facilities I discussed, as well as academic learning. So I'm going to talk a little bit more about our approach and then how we categorize those. those expenditures. You can see a three bucket vision and the author of of ESSER 3 said that as long as it qualifies under these three buckets and it's a direct response for our students due to COVID-19 we're in we're you know in safe safe safe ground. So equipment and facilities to address safety social emotional learning. Last year we started with a TK-12 vertically aligned social emotional learning curriculum. character strong, but the need for additional mental health services to support our staff and to support our students. And then, of course, the third bucket could be anything with unfinished learning. We talked about the need to intervene, but also the opportunity for students to accelerate learning. And so how would that look in a practical sense? Could look something like this. And you can see tabulated results from our summit there, for instance, A majority of our participants identified improvements to technology in our IT department or support with Chromebooks for students. You can see after school tutoring was a huge topic of concern for participants. And these results continue to be updated. And then we'll bring you the final results reflected in our plan for October 21st. So that's an example just of how we compiled it, disaggregated the data, and then wanted to reflect it in terms of the plan itself. And if this is an example of one of the buckets, this is equipment facilities to address safety. And you can see here, if you read through the plan, for instance, improvements to technology, we allocated approximately $500,000, and of the participants, across the district and also including the summit, 26 identified that as a topic of concern and significance. You can see campus monitors for instance, shade structures, the opportunity to improve air filters and HVAC. And then you can see the amount of the funds on the right. So that's one example and this is reflected in the project plan itself that you have the opportunity to read. At this point, I'm going to turn it over to Ms.dela Cruz to talk a little bit more about the financial aspect.

[13759] Marie dela Cruz: Thank you, Mr. Dolowich. And as a result of the community and stakeholder engagement, as Mr. Dolowich mentioned, we have put the plan in place in the three different categories. This one is the strategies for continuous and safe in-person learning. 400,000 for campus monitors, the 200,000 for HVAC repairs, the allocation for custodians to allow for extra hours and some temporary help with additional custodians, shade structures, outdoor seating, and for our daily health screening. For the categories addressing the impact of lost instructional time, At least 20%, as Mr. Dolowich said, has to be included in this category. There's a total of 950,000 to include educational technology, which would include like Chromebooks, instructional facilitators and TOSAs, those are teachers on special assignments, after school tutoring and intervention programs. And then the use of any remaining funds is about $1.5 million, which includes some instructional platforms, building highly effective teams, independent study, mental health clinicians, mental health resources, social emotional learning resources, and the impact of the unemployment rate increase.

[13858] SPEAKER_11: So this time, we'll pause. This concludes the presentation. Happy to clarify any comments that the board may have. Just to say, at this stage, it's informational. And then there'll be an updated version for the October 21, according to our timeline with the county and state.

[13877] SPEAKER_41: Questions on the board? I just have a comment rather than a question. I see that the district needs to spend at least 20% of this money on the loss instruction. So the 20%, I believe, is a floor, not a ceiling, right? So it feels like reading this report, the 20% is the target for us. I hope that we can increase this target a little bit.

[13904] Marie dela Cruz: Yes, in fact, we did. 20% is about $840,000, and we've allocated $950,000.

[13916] SPEAKER_41: Any other questions from the rest of the board? Member Marcus.

[13922] SPEAKER_25: Yes, thank you. The after school tutoring, is that tutoring that would be offered with staff that is already employed with Newark Unified, or would this be outsourced?

[13933] Marie dela Cruz: It would be a combination of both.

[13937] SPEAKER_25: Thank you for that.

[13941] SPEAKER_41: OK, with that, we'll move on to the next item, 14.6. bid award of the HVAC units replacement project, phase one increment two at Newark Junior High and Newark Memorial High School. Watching the time, we'll need to extend the meeting. We still have quite a bit of item left, so I will move that we extend the meeting to 11 p.m. May I get a second?

[13965] SPEAKER_25: Second the motion.

[13967] SPEAKER_41: Seconded by Member Marcus. Member Marcus, how do you vote?

[13970] SPEAKER_35: Yes.

[13972] SPEAKER_41: Member Grindel, how do you vote?

[13973] SPEAKER_35: Yes.

[13975] SPEAKER_41: Member Hill. Yes. Member Nguyen.

[13978] SPEAKER_35: Yes.

[13979] SPEAKER_41: My vote is yes as well. Motion carries with five ayes. Meeting is extended to 11 p.m. I believe we have public comment for item 14.6. Ms. Parks. Oh, sorry. This is 14.6. Ms. Gooder, do we have any virtual comments?

[14018] SPEAKER_42: We do have a virtual comment, but we take in-person comments first.

[14020] SPEAKER_41: Yeah, I think I was mistaken. This is a different item.

[14023] SPEAKER_42: So 14.6. 14.6, we have Eric Tam. Eric Tam, you may begin.

[14033] SPEAKER_16: Hi, board. On August 5th, I gave you a quick analysis and asked if this project is on time and on budget. Mr. Caputo replied to me at that time, there's a real risk of going over budget at that time. But if I was to ask you right now before my analysis, do you presently know if phase one is on budget or not. First, when they came to you on August 5th, they clearly showed the labor costs and the equipment costs broken down from 40 elementary schools. I've read through the road on contract and what was presented. And unless I missed it, the 177 units of equipment purchase cost is not part of the bid right now. Or do you have that number? And if you don't, let's do some quick math. Phase one, increment one costs $3.66 million, $2.99 million for installation labor, leaving $673,000 for the equipment purchase of 99 units. This means each unit cost on average $6,802. Let's extrapolate out for the 177 units. The purchase equipment cost would be roughly 1.204 million. So for phase one increment two high schools, tonight staff is gonna ask you to approve 4.223 million for installation cost and 1.204 million for equipment purchase. If I sum everything up, both elementary and high schools, 276 units cost a total of 9.093 million. On June 3rd, board, you approved the prelim budget of $9.75 million for 318 units. It included approving the Ratcliffe Architects Budget and the RGMK Oversight Admin Budget. So let's add all the known costs together. $9.093 for labor and equipment, $722,000 for Ratcliffe, $469,000 for RGMK Oversight, $330,000 for testing fees and miscellaneous, and the grand total is $10.63 million. So a $600,000 overrun on a $10 million budget isn't that bad. But I still have one question. We approved 318 units for $9.75 million, and we delivered 276 units. for 10.6 million, what happened to the other 42 units? I asked on August 5th, Mr. Caputo said, and I quote, that DSA took exception to them. I'm unfamiliar with that, so what does that mean? Do we still need to do them, or are they replaced? It'd be good to find out. Both Cary Knoop and I spoke back in June after asking for a full project plan and advocating for more details in a budget. Phase one ended up costing more for less. Mr. Caputo has already said phase two is going to be more difficult and requires more construction. I hope the board will learn from this and will put the necessary policies in place to protect NUSD's fiscal budget. Thank you.

[14188] SPEAKER_41: Any other public comments?

[14192] SPEAKER_42: That's it for this item.

[14194] SPEAKER_41: Superintendent Tripoli.

[14196] Terrence Grindall: Thank you, President Jhun. So I believe we have some folks here that are going to help us speak on this item. But essentially, this is phase one, increment two. So I believe the board has already been engaged with phase one, increment one. And then this is the next phase, sorry, the next increment of that first phase. I believe we will see a second phase as well, but not tonight. So I'll turn it over to Ms. Dela Cruz and then Mr. Caputo.

[14227] Marie dela Cruz: Thank you, Dr. Triplett. This board item is to approve the award of contract for the increment two of phase one. And Mr. Caputo is going to review some of the details of this recommendation.

[14245] SPEAKER_17: Good evening, President Zhang, members of the board, Ms. Dela Cruz, and cabinet. I am pleased to present to the board in person tonight and answer any questions with regard to this and the next two items. This award presentation is twofold. First of all, we acknowledge that the one bidder, AB Mechanical, has asked for a relief from their bid due to clerical error as provided under public contract code 5101B. We have reviewed that request, and just to clarify for the board, bidders are bonding their projects. They submit a bid bond, and they're only allowed relief if they make a clerical error. Under the old laws, that would mean a math error, an inadvertent error such as carrying the one. In this case, it's when perhaps sales don't add up. In this case, the contractor has explained his error and it is a clerical error due to a miscalculation of labor that didn't add up into the total of their spreadsheets. And it's also evidenced by the fact that there were four other bidders in very close proximity to each other and commensurate with the estimates by the mechanical engineer in our firm. So the first part of the action is to accept the relief from the low bid from AB Mechanical and to award the project to Roldan Builders. This is for the junior high school and the high school. And bids were publicly advertised. A notice to bidders was issued in the Argus newspaper on July 30th and again on August 6th. Mandatory bid conferences occurred on August 4th and August 11th and were also placed in industry plan rooms, as well as outreach by ourselves and the mechanical contractor. Bids were publicly opened on August 25, 2001. There were five bids. The AB Mechanical's bid was $3,401,860. Roldan Bidder's was $4,233,000. Cal Pacific Construction, who is on site now on the stair project, was $4,357,000. SNH Construction, who is doing the first phase at the elementary schools, was at $4,368,000. And finally, a fifth bidder, EF Brett, was at $4,625,000. So with that, I would request approval of both items and open up for questions. We have Eric Shurman, who is our on-site project manager, who can also help answer any questions that the board may have.

[14435] SPEAKER_41: Thank you. Question from the rest of the board.

[14439] Aiden Hill: Member Hill. So I'm really troubled by this process. And as I think many know, I spent my career in project management. And the part that I don't understand is we've got a $1.2 million delta between the original bidder and now the new one that you are suggesting that we go with. So that should have been a red flag to say, if all the other vendors were grouped around that target, and then we've got somebody that is 1.2, I mean, that's an order of magnitude lower, probably a mistake going on. I mean, so certainly they made a mistake, apparently they've justified it, but where's our oversight? And so if we're not even looking and managing and looking at these bids and coming back and saying, are we sure about this? Is this correct? Before pulling forward, Going forward, I mean, I don't have confidence that we're managing and we have a plan around managing a lot of other things. I mean, I can understand a delta of, you know, 10%, but 10%, you know, is 300,000 or less, right? We're talking about 1.2 million. So can you explain why, you know, this massive mistake went through?

[14517] SPEAKER_17: Well, it clearly evidences that the contractor made an error.

[14521] Aiden Hill: But why didn't we catch it?

[14522] SPEAKER_17: Well, he bid the job. When he bid the job, we open the results. We're not in his office trying to figure out how he's calculating.

[14529] Terrence Grindall: We're reviewing his results, right? Just to be clear, so this whole process is catching it. So this is the process, and this is how we catch an error like that. And then we go back and we discuss it with. We already awarded the bid. No, we haven't. No, there's no bid that's been awarded.

[14545] SPEAKER_17: That's the whole purpose.

[14547] Terrence Grindall: That's why we're here.

[14553] Marie dela Cruz: Mr. Hill, public bid process is a sealed bid process. I understand. So when we receive the bids, you can see that the other four bids are fairly close, which is an indication that the bidder that withdrew made some sort of mistake. So you would be more concerned trying to award it to a low bid that has that delta.

[14580] Aiden Hill: Yeah, absolutely.

[14581] Marie dela Cruz: Right.

[14583] Aiden Hill: So you're saying that this was not awarded?

[14585] Marie dela Cruz: We have not awarded to that low bidder.

[14587] Aiden Hill: OK. All right. I apologize. I misunderstood. No worries.

[14590] SPEAKER_17: And as a point of fact, the bids were received on August 25. And that's why we're bringing it to you now is because we did catch that flag. We sat down with the contractor, gave him an opportunity to review his bid.

[14605] SPEAKER_41: My bad. I apologize. So so actually the interesting yet, I actually asked the same question before the board I believe is forwarded to the rest of the war I asked why why don't we allow him to repeat and we're saying they were clearly all play so we can't allow them That's correct. We did send that to all board members prior to this meeting Okay, any other discussion from the board So I I moved that We accept a withdrawal bid from A&B Mechanical due to clerical error, as provided under California Public Contract Code Section 5101B, and authorize staff to award HVAC units replacement project at Newark Junior High School and Newark Memorial High School to the lowest responsible and responsive bidder, Roden Builder, as presented. May I get a second? I second that. Seconded by Member Marcus. Member Marcus, how do you vote? Yes. Member Grindel, how do you vote? Yes. Member Hill? Yes. Member Nguyen? Yes. My vote is yes as well. Motion carries with five ayes. Thank you, Mr. Caputo. Moving on to the next item, 14.7, change order number one, landscaping and irrigation. Group one at First Grove Intermediate, First Grove Primary, Kennedy, Lincoln, and Schilling. Do we have public comment on this?

[14692] SPEAKER_40: Yes, we do. Yes, we do. And public comment is from Eric Tam. Eric Tam, you may begin.

[14704] SPEAKER_16: Hi, Ms. Lucia. I wrote 14.8, which is for the stairway project, not the irrigation.

[14710] SPEAKER_42: My apologies. I got ahead of myself. Sorry. Thank you. We're on 14.7. OK. No public comment.

[14718] SPEAKER_41: OK. Silver, Nen and Triplett.

[14721] Terrence Grindall: Thank you. Ms. Delacruz will speak a little bit about these change orders.

[14727] Marie dela Cruz: This recommendation is for a change order one on the landscaping project group one schools. We had a change over at BGP as well as some irrigation drawing changes and with the allowance that was included in the bid award. The total change order is a net of $9,799.

[14750] SPEAKER_41: Any questions on the board? Member Hill?

[14759] Aiden Hill: Yeah, so we had put in $25,000 as a contingency, correct? Correct. OK, and so now we're $9,000 over the $25,000 contingency, correct?

[14765] Marie dela Cruz: That is correct.

[14766] Aiden Hill: OK. And I'm just concerned because when we look at what's driving that, it's irrigation drawing changes. And I did read through and look at that. I'm not really sure what's going on here. It seems like it's partly an error on the part of the vendor. I'm not sure if there's additional scope changes that are occurring, but if there are scope changes, that's kind of a bad practice from our standpoint in terms of why haven't these things been frozen. Can you explain a little bit why we had this $33,000 basically change?

[14812] Marie dela Cruz: Yes, I can have Mr. Caputos explain that a little bit more. We actually anticipated that there would be this change. That's why we included the contingency.

[14822] SPEAKER_17: Yes, and I believe Maria Denny may be online that is most familiar with this scope of work. But there were some district requested changes for an additional seven 15-gallon trees And the irrigation changes are due to some additional engineering requirements by the landscape architect, which was not a contractor error. So it's a mixture of some clarifications due to existing site conditions when they opened up. And in some of this, they're trying to repair old irrigation that's buried. And some of it is a total replacement. So there were some differing conditions when they opened the earth and looked at the connections that were deteriorated. The engineer reviewed it, or I should say the irrigation landscape architect presented a clarification that resulted in the extra work.

[14887] SPEAKER_40: You may speak. Your mic should be unmuted. Can you hear us?

[14896] SPEAKER_24: Yes, I can hear you. Perfect. Yes, we hear you. Okay, great. Yeah. So, you know, we were working really hard to make sure that we can get this bid open last late spring to make sure we could meet the last board agenda and award this project so we could get it done last summer. And because we were in such a rush, the irrigation drawings were not totally complete. And that's how come there was this change.

[14937] Aiden Hill: Haste makes waste.

[14942] SPEAKER_17: Part of this was because of no board meeting in July.

[14949] Aiden Hill: But I hope, Mr. Caputo, you can understand, as a fellow project manager, that when you're seeing regular change orders occurring on multiple projects, it's a red flag. It means we haven't done proper planning. And we have a responsibility as a board, as the public FISC, to be stewards of public money. And so I really think that we need to sharpen our pencil and be much more precise about these kind of things, rather than getting hit with change orders on the back end.

[14980] SPEAKER_41: Any other questions on the board?

[14984] SPEAKER_35: No.

[14987] Phuong Nguyen: So just a clarification, are the seven, is it the seven new trees that the kangaroo paws?

[14999] Marie dela Cruz: Yeah, the kangaroo paws, they're not trees. They're like, what are they? They're plants. Plants? Yeah, from the yellow flowers.

[15008] Phuong Nguyen: Okay, so are those seven plants driving the irrigation drawing changes?

[15015] SPEAKER_17: No, they were a mixture of unforeseen site conditions and obviously errors in the landscape architects drawings that were missing a few items that could not have been foreseen in the bid.

[15028] Phuong Nguyen: Okay, thank you for the clarification.

[15033] SPEAKER_41: Anybody want to make a motion?

[15039] Bowen Zhang: Terrence, I'll move approval.

[15043] SPEAKER_41: Second. I second the motion. Seconded by, motion made by Member Grundahl, seconded by Member Nguyen. Member Marcus, how do you vote?

[15056] SPEAKER_35: Yes.

[15058] SPEAKER_41: Member Grundahl, how do you vote? Yes. Member Hill, how do you vote? No. Member Nguyen, how do you vote?

[15065] SPEAKER_35: Yes.

[15065] SPEAKER_41: My vote is as well. Motion carries with four ayes. Thank you, Mr. Caputo. I believe this is the last item we need to, is that right? There's one more. Okay. Yes, 14.8. Okay, 14.8 resolution 2021.22.09, declaring the futility of public bidding for work arising from unforeseen conditions on approving change orders for the agreement with Cal Pacific for the Stilbury Project as a newer junior high school project. I believe we have a public comment.

[15097] SPEAKER_40: Yes, we do. This public comment is from Mr. Eric Tam.

[15100] SPEAKER_16: You may begin. On August 5th, Ms. Delacruz came to the board with a change order approval of 21,000, and along with a funding source update. At that time, the video timestamp is three hours and 46 minutes and 57 seconds for that video. She gave the following project update, and she said, and I quote, the project is moving along. One of the stairways is already complete, closest to the main parking lot, and the other two stairways should be complete by next week. Board, how did our chief business officer give a project update where she said a project was going to be completed by mid-August, suddenly asked for a 232,000 scope change, a 35% increase two months after it was supposed to be done? Board, I know you're not supposed to be in the implementation detail, but does Newark Unified have some kind of procurement or financial policy where we actually evaluate how the district staff did in terms of budget versus cost? In the past 10 months I have been following, we tend to rush into things without a full plan. Let's list some concrete examples. Solar project, major scope change due to misunderstanding a major soil deficiency that cost NUSD major long-term project savings. HVAC project that I described above where we did less units but cost more. Stairs project asking for a 35% increase after one approved scope change. Needlepoint, Bipolar ionization units, where we rushed to purchase and did not investigate. Landscaping project, where we rushed to meet the June meeting. Board, I hope you will not approve tonight's request until there is a clear accountability process that is established. Thank you.

[15198] SPEAKER_41: Thank you. Any other speakers? Superintendent Triplett.

[15206] Terrence Grindall: Thank you, President Schoen. So this one is going to take a little bit of explaining on the part of myself and Ms. Dela Cruz and Mr. Caputo, because there's a little bit of history here. So what this is about is that the stairs at the junior high, so the board, if you recall, approved the redoing of the stairs. And that work was nearing completion when it was discovered that on two of the staircases, what was being planned was for a lip on each stair to be shaved off to comply with regulations and also because some of those lips that had been created originally back whenever the stairs were originally made were starting to crumble. And so when those were shaved off, it was discovered that there is some rebar in the stairs themselves. I believe that that was not in any of the architectural plans or it was found by anybody in advance. And so once it was detected, then there was an attempt to mitigate the fact that this rebar existed there by trying to patch it. And what we determined was that the patching The concern was that the patching actually wouldn't last long term, and so we had to make a decision of whether or not to just do the patching and hope for the best on this already expensive project, or start again based on the fact that we did not realize in advance that this rebar existed in the stairs. So what we're proposing tonight is that we do, although it's a significant amount of money and it's very disconcerting, at the same time I think if we don't start fresh on the two stairs and redo them from the beginning, then we're going to have stairs in a couple of years that are falling apart again and we'll be back in the same situation that we started in. So that's part of the recommendation, but obviously we wanted to bring it to the board for the board to be able to make a decision on whether or not to do this kind of investment. Ms.dela Cruz and Mr. Caputo, you want to add to that, please?

[15344] Marie dela Cruz: Yes. So the initial scope of work, if you recall, included staircase number one, where we had replaced the whole stairway. And then stair number two and three, we were going to repair. And as Dr. Triplett mentioned, we had a projected completion date in August. As they were nearing completion, they got to a point where they discovered some unforeseen or conditions that were not included in any of the as-builts. As-built drawings are usually the final drawings that the architects have been after the project is complete. And there was nothing in the as-builts that showed the rebars where they found them. And I think Mr. Caputo or Mr. Sherman could give you a little bit more detail. And as Dr. Triplett said, it is our recommendation that we replace these stairs just like we did with stair one, rather than just try to repair.

[15417] SPEAKER_17: Thank you, so I would like to explain a little more. Unlike the irrigation issue that was partially attributable to omissions in the drawings, in this case, I just want to emphasize that I believe the architect and engineer relied on the as-built drawings. These are drawings that were approved by DSA when the building was built in 1960. They had inspections and engineers reviewing it that certified that the project was built per the plans and specs approved by the division as a state architect. I'm going to pass around one item that may be in your package, but it's a good illustration. The bid itself included full replacement of Stairway 1, total demolition, and brand new stairs. And the other two stairways, I believe the engineers and architects were trying to be frugal and believe that they could saw cut the lip off of the stairs, avoid the rebar that was in the lip itself, and the other rebar was supposed to be placed away from the edge of the stair nosing. These set of stairs aren't the normal stair, and I'm doing this for the sake of the audience, where you have a tread and a riser, or a riser and a tread, They had an actual protrusion over the stairs of about three inches thick and maybe three inches deep. And the rebar was supposed to be in that outcropping. And in concrete, when you have rebar too close to the concrete surface, it tends to rust out and will spall. And that was what was happening in some of the stairs in stairway one, and that's why it was fully replaced. It wasn't until the contractor saw cut the lip off and encountered the rebar that was supposed to be in the edge or further back was right at the juncture of the stair nosing. And again, they always want at least minimum of three quarters of an inch of concrete to protect the stairway rebar from corrosion. In this case, the rebar was horizontal just below the nosing, and it was rusting. So when rebar starts to rust, it's much like a cancer. It just spalls out concrete, and you can't really stop it. So the engineers looked at the scope of work, paused the job for a little bit, and they thought that maybe they could cut and bush it out and patch it back. All three stairways, after they're done, we're going to get a traffic coating over them. which, particularly for Stairway 2 and Stairway 3, was a way to improve the traffic on it. And it also would blend the look of the new concrete and the old concrete and cover up any of the patching compounds. However, when they encountered this situation, it became, as they started to look at it, untenable. And we started dropping back and looking at what it would take to cut it out, patch it back, And again, it's at a very vulnerable part for future deterioration with skateboards and such. And the engineer brought back out the material supplier of the SikaFlex products, and he started to recommend different patching compounds for different areas. The engineer got concerned that Some of these materials may not be compatible. They may burn through the traffic coding, but by and large, they weren't going to perform as well as new stairs. We looked at the cost that the contractor had given us, and we looked at three options. One, to just stop the project, safe it off, and get credits back for the incomplete work, and put it out to rebid. We looked at working with the contractor for a change order or continuing to do the repairs. We don't believe that doing the repairs, which could be also a big change order as it was spiraling when we stopped it, that it would be as long lasting. I think it would go on for, you know, four or five years perhaps. And it could go on longer, but there was uncertainty there. So the recommendation for the district in discussing it with Mr. Triplett and Ms. Dela Cruz was that the best option is to replace these stairs much like stairway one. And so the option is to cancel the project and re-bid it or to work with the contractor who has otherwise been doing a very good job and has been honest and transparent and to work out a change order. Under public contract code, there needs to be a four-fifths vote of the board to accept the resolution and bypass the generalized 15% rule of thumb for change orders. It should be noted that the architect on their own dime initiated an estimator. Their estimator Sierra West is a prominent estimator. They don't do construction management like many of us and the other CM firms. They are also draft the publication that the Office of Public School Construction uses. They had estimated the change order to replace would be approximately $347,958 and that And that if it was to go out to rebid, we could expect costs in the neighborhood of $315,000. While I think both of those numbers are probably conservative, there is an unknown with going out to bid. And we believe in our homework that the cost of stairway one is commensurate to the cost of replacing these two other stairs. Remember, stairway two is a large stair That is bifurcated now by the planter, but it's much larger than stairway one and stairway three So we consulted with council and he has provided in the board package a resolution we have seen these and done these before and basically the generalized rule of thumb here is that when we look at a project change that is more than 15% of They ask the districts to look at options to either separate the project and go out to bid. Obviously, if you have a $5 million or $20 million contract, 15% is a pretty large change order. You don't ever want to see those. But on smaller contracts, when you have a differing condition, it's easy to breach over that. So you look at You know, what is the cost of postponing the work and rebidding it compared to moving forward under a change directive? And in this particular case, I think the best solution is to provide a new set of stairs just like Stairway 1. There is some value added there. Stairway 1 has embedded steel. treads at the edge of the stair nosing. These stairs being cut would have had a painted stripe to designate per ADA requirements that there are stairs and risers. And we are getting credits, offsetting credits for the work that won't otherwise be done in the traffic coding and pertinent work. So in consultation with District Council, they provided what we call a utility resolution that basically indicates that through their study, they believe that the district may not get better value by going out to a rebid and therefore ask the board for their consideration to approve this as a change to the project. With that, I address any further questions.

[15947] SPEAKER_41: I guess we have two options today. Either approve this or we just cancel this project, get a credit back, and rebid it. Is that right?

[15957] SPEAKER_17: Yes. We would work with the contractor to save it all.

[15959] SPEAKER_41: I guess the question I have is, if we reject this and then get a credit back and rebid this, what will we... I mean, let's say we rebid to, again, replace this stairway. What will be the price? Are we going to pay additional?

[15976] SPEAKER_17: Yes. That's what the architect and engineer believe.

[15979] Marie dela Cruz: Yeah, the estimate that Mr. Caputo provided that the architects did the construction cost estimate to rebid was over $350,000. OK. Member Hill.

[15993] Aiden Hill: So but aren't there other options, right? I mean, have we really looked at all the options related to these stairs?

[15999] SPEAKER_17: Yes, we're at a point now where the stairs can be used. We originally thought that if we rebid it, we would set it up for either spring break or for summer. But we have worked with a contractor, and we believe that this work could be completed if the board elects to go forward in about a six-week period, whereas rebidding it would probably go beyond that six-week period. six week period before we could bring it back to the board for approval. And then there'll be bonding and so it would delay it farther. And then they would start a whole new timetable.

[16040] Aiden Hill: But the stairs are usable at this point.

[16043] SPEAKER_17: The stairs are usable. They're not pretty.

[16046] Aiden Hill: So what we're concerned about, so partly it's aesthetic, and then partly it's how long is it going to last, which we don't know at this point. But they're usable. So there's a base case that says we could just stop right now and they could use it, correct?

[16061] SPEAKER_30: I'd like to add that they're partially usable right now. So stairs number two is closed off. three quarters. So one quarter of the stairway is the stairway number two is usable. And stairway three, for the request of the site administrator, she asked that that stairway be closed because of visual damage that she's concerned about there being tripping hazards.

[16087] SPEAKER_17: Is the rest of the railings not up yet because of the conditions? No, the railings are up. Oh, the railings are up.

[16094] SPEAKER_30: The ramp is usable at this time. So that's what we're using right now. At stairway number two, there is some damage to the treads on the nosing where it could possibly cause somebody to take a misstep and hurt themselves. So that's part of it. So we had it closed off. Three quarters of stairway number two was closed off. And stairway number three was closed, but the ramp at stairway three

[16124] Phuong Nguyen: I'm in agreement. I've been at the school site dropping off my daughter in the morning, and I've noticed the steps on stairway two. There is, you know, students can get hurt, possibly get hurt. I'm not okay with that. And I think that it's best to replace them fully.

[16146] SPEAKER_41: So, Mr. Caputo, are you saying if we approve the change of order, the project will probably complete in six weeks? Is that what you're saying?

[16152] SPEAKER_30: Yeah, that's what the contractor would like to do. He would like to get it done in six weeks. And if you approve the contract tonight, the state of California has already given approval of the change through a CCD. So it's approved with the state of California. And also, the contractor is prepared to start demolition on Saturday. And they're just waiting.

[16175] SPEAKER_17: Yeah, and we have them starting to do the demo on the weekend so it doesn't disrupt school activities.

[16181] Phuong Nguyen: So my only question is, if we do approve it tonight and the demolition starts on Saturday, the new portion of the stairs that were completed on stairway two, is that going to, will they be able to work around that?

[16201] SPEAKER_30: Stairway two, the new portion that was completed on stairway number two, yes, they're not gonna, they're gonna work around it in the new area, yes.

[16209] Phuong Nguyen: So there shouldn't be any foreseen damages to the new portion of stairway two. Okay.

[16214] SPEAKER_30: Thank you.

[16219] Phuong Nguyen: Thank you. Thank you.

[16224] SPEAKER_41: Anybody ready to make a motion?

[16226] Aiden Hill: I have one more question. So just to clarify, so we're voting on a 36% increase over the original bid.

[16236] SPEAKER_17: That's true. And that's why we had to consult with council on that.

[16242] SPEAKER_41: Anybody wants to make a motion?

[16244] Bowen Zhang: Actually, I have a question. Thank you. Thank you. I assume that there's some life cycle benefits to the full lot replacement rather than cutting back. Is that accurate?

[16259] SPEAKER_17: Yes, sir. And that was part of the engineer's report. He thought that doing the patchwork would not last as long as new stairs. And some of that was also due to discovering that this rebar was covered more than 3 quarters of an inch, but through deterioration in the salt air we have, the rebar has already started to rust. So that's why the recommendation is to proceed accordingly.

[16288] Bowen Zhang: Also, just so I understand, If we're taking action tonight, then the construction time is about six weeks. And if we were to direct you to rebid it, what would be your best guess at when we would have construction completed?

[16311] SPEAKER_17: It would be about 30 days of bidding time for award and review of the bids, vetting it out and bringing it to the board. So I would say before we would even get to an award and commencement would be no less than 60 days. And then we're into a new contract. So the contract time would be a good six or eight weeks thereafter. This contractor is already mobilized. You know, typically, you bid for about 30 days. You have about 5, 10 days to vet it out, get it on the board calendar. You issue, I'm sorry, you issue a notice of award. Then the contractor takes about 10 days to return bonds and insurance. And then they have about 10 days to mobilize. So that would be the approximate timetable.

[16362] Bowen Zhang: Now, the present contractor could bid this job.

[16367] SPEAKER_17: Yes. Yes. Unless we're dismissing him because they you know, we're not a good contractor, then we wouldn't allow them to bid the job. But in this case, he's been doing a good job.

[16379] Bowen Zhang: Well, I assume since staff's recommending that we move forward with this work, we wouldn't be doing so if you weren't comfortable with his work. And so if we were to take that, if we were to re-bid, what's the risk that the price would come in even higher? Well, they just sat $250,000, right?

[16399] SPEAKER_41: That's the question I asked.

[16401] SPEAKER_17: Yeah. How this bidder would bid it, you know, we don't know if he would bid it the same. He would end up demobilizing. He would probably have to, you know, reevaluate the cost of demob and remob rather than moving forward. But, you know, like I said, I don't think it would be 350, but I believe it would certainly be more than moving forward accordingly.

[16429] SPEAKER_41: Okay. Anybody ready to make a motion?

[16434] Phuong Nguyen: Member Grindel, do you have another question?

[16439] SPEAKER_17: And I believe I mentioned it does take a four-fifth vote, so it's at the board's discretion.

[16444] Phuong Nguyen: Member Grindel, do you have another question? I do not. OK.

[16449] SPEAKER_41: Ready to make a motion? Anybody ready to make a motion?

[16453] SPEAKER_25: I'm ready to make a motion.

[16455] SPEAKER_41: Motion, can you state your motion?

[16457] SPEAKER_25: I move that the Board of Education approve Resolution 2021.22.09 declaring the futility of the public bidding for work arising from unforeseen conditions and approving Change Order No. 2 in the amount of $232,032.70 to the agreement with Cal Pacific for the Stairway Project at Newark Junior High School Project as presented.

[16482] SPEAKER_41: Motion made by Member Marcus. Can I get a second?

[16485] Phuong Nguyen: I second.

[16485] SPEAKER_41: Seconded by Member Nguyen. Member Marcus, how do you vote?

[16488] SPEAKER_35: Yes.

[16489] SPEAKER_41: Member Grindel, how do you vote? Yes. Member Hill, how do you vote?

[16493] SPEAKER_35: No.

[16493] SPEAKER_41: Member Nguyen, how do you vote?

[16495] SPEAKER_35: Yes.

[16496] SPEAKER_41: My vote is yes as well. Motion carries with four ayes. Thank you, Mr. Caputo, and have a great rest of the day. Moving on to 14.9, 2021-22, Local Control Accountability Plan, Advisory Membership, Superintendent Triplett.

[16513] Terrence Grindall: Thank you, President Jun. I'd like to call up Ms. Abbey Keirns, who's our new Director of Special Projects, and she's going to explain a little bit about this agenda item.

[16524] Abbey Keirns: Good evening, everyone. I'm just here to present to the LCAP Advisory Committee member list. The list you have in the board packet represents the confirmed members as of October 1st. I'd like to note that we expect more schools to add members where you see vacancies on the list. Any changes to members on this list will be publicly posted on our website. So I also want to note that the first meeting of the PAC committee will be on October 26th. After we present the list of members tonight, we will be posting all additional materials related to the advisory committee to our website in compliance with the Brown Act. I'm happy to receive any questions related to that.

[16573] SPEAKER_41: First, welcome to the district.

[16574] SPEAKER_39: Thank you. Happy to be here. Thank you.

[16577] SPEAKER_41: I guess this is this happens. This vote is sort of a formality. It happens periodically every year. So I don't I don't see I don't have any questions.

[16588] Aiden Hill: So what's what's the process for soliciting participation on these committees?

[16595] Abbey Keirns: The process in the bylaws seems like it's selected at the school level. Then it's also selections within NEWMA, NTA, and the district staff are designees that are repeated every year.

[16611] SPEAKER_41: Thank you. I think generally we also have a rule. If somebody doesn't step down, we don't ask them to step down. So generally a member, like a parent from a school, he can represent the school as long as he has kids in the school. So we don't really have a We don't really have a history about asking people to go or something. It's sort of like, I wouldn't say it's a lifelong appointment, but it's similar to that.

[16633] Abbey Keirns: And the bylaws do state that their term is two years with the option to renew. So we try to keep track of that.

[16641] SPEAKER_41: OK, I move that we approve the LCAP membership roster. May I get a second?

[16646] SPEAKER_25: I second that.

[16648] SPEAKER_41: I second. Seconded by Member Marcus. Member Marcus, how do you vote?

[16653] SPEAKER_35: Yes.

[16655] SPEAKER_41: Member Grundahl, how do you vote? Yes. Member Hill, how do you vote? Yes. Member Nguyen, how do you vote? Yes. My vote is yes as well. Motion carries with four ayes.

[16664] Abbey Keirns: Thank you. That was a little easier than the last one. Thank you.

[16668] SPEAKER_41: Thank you. Moving on to consent calendar. I move that we approve 15.2 personnel report and 15.3 revised 2021-2022 department chair salary schedule. May I get a second?

[16682] Phuong Nguyen: I second.

[16683] SPEAKER_41: Second, motion made by myself, seconded by Member Nguyen. Member Marcus, how do you vote?

[16688] SPEAKER_35: Yes.

[16689] SPEAKER_41: Member Glendale, how do you vote?

[16691] SPEAKER_35: Yes.

[16692] SPEAKER_41: Member Hill, how do you vote? Yes. Member Nguyen, how do you vote? Yes. My vote is as well. Motion carries with two ayes. For consent calendar, non-personnel, and I'm going to poll item 16.4 and item 16.6. I'd like to also add 16.3. Okay, so I move that we approve 16.2 updated school lunch prices 2021 to 2022, 16.5 University of San Francisco MOU and agreement regarding teaching and counseling experience, 16.7 amendment to inspector contract, 16.8 minutes of September 16, 2021 regular meeting of the Board of Education, 16.9 minutes of September 21st, 2021 Special Meeting of the Board of Education. May I get a second?

[16746] Bowen Zhang: I second. I will second.

[16747] SPEAKER_41: Seconded by Member Nguyen. Member Marcus, how do you vote?

[16751] SPEAKER_35: Yes.

[16752] SPEAKER_41: Member Grindel, how do you vote? Yes. Member Hill, how do you vote? Yes. Member Nguyen, how do you vote?

[16759] SPEAKER_35: Yes.

[16759] SPEAKER_41: My vote is as well. Motion carries unanimously. 16.3, Resolution 2021.22.07, Sufficiency of Instructional Materials. Member Hill?

[16772] Aiden Hill: Yes, so I understand that historically this has maybe been just sort of a perfunctory agenda item. But when I look at the details of this or the attachments to that item, it's really just a resolution. And so it's basically a statement. So we're being asked as a board to essentially agree that we have sufficient materials. And yet I haven't been provided any information that indicates that we do have that. So I feel uncomfortable voting on something when I don't have any evidence that demonstrates that we've met this sufficiency test.

[16815] SPEAKER_41: Do you want to comment on this?

[16819] Terrence Grindall: So the resolution is the district stating that we have done our due diligence to make sure that there is sufficiency of these materials.

[16834] Aiden Hill: Right. But if I'm swearing to it, that means you've got to show me how you went through and did that analysis.

[16843] Terrence Grindall: If Mr. Delovitch would like to come up and share a little bit about the process, that'd be great.

[16850] SPEAKER_41: And also has related to the public hearing, I guess we just heard, we just did two hours ago, right?

[16858] Terrence Grindall: That's correct, thank you. Yeah, the public hearing was an opportunity if there wasn't sufficiency of materials for folks to come forth, but Mr. Delovitch can also speak on process of determining if there was any missing materials that we needed to purchase.

[16878] SPEAKER_11: I appreciate the opportunity. We began the process last spring. We ordered materials for new courses on May 25th. We've been working throughout the summer with NTA. We were identified two schools for Williams audits by the county. Those two schools were Schilling and Coyote Hills. Those audits occurred on October 3rd and October 15th. Both pass with flying colors. And then Ed Code 60199 states that there needs to be appropriate district-adopted instructional materials for students in all four of the respective core subjects, ELA, math, history, and social science. We conducted an inventory. That was one of my primary objectives the first eight weeks of school, working hand in hand with Instructional Materials Center. And then we've also addressed that with NTA, which is why no one spoke at the public hearing.

[16931] Aiden Hill: So thank you, Mr. Dolowich. And based on your description, that makes me feel a lot more comfortable. I'd just like to request that when we do this again next year, if we could provide that kind of summary, I think that that would basically put me at ease to say, OK, we've dotted the I's and crossed the T's.

[16949] SPEAKER_41: Absolutely. I move that we approve Resolution 2021.22-07, declaring sufficiency of instructional materials for students. May I get a second? I second the motion. Seconded by Member Marcus. Member Marcus, how do you vote?

[16965] SPEAKER_35: Yes.

[16967] SPEAKER_41: Member Grindel, how do you vote? Yes. Member Hill, how do you vote? Yes. Member Nguyen, how do you vote? Yes. My vote is as well. Motion carries with five ayes. 16.4, we have a public comment, but I don't see this commenter here. So.

[16986] SPEAKER_42: Ms. Parks, are you still available?

[16996] SPEAKER_41: 16.4.

[16996] Maria Huffer: Sorry, I got pulled out into something else. It's a little late to be bringing comments and concerns forward since the contract started on this item September 13th, but I will anyway. It was a sad day when Newark Unified no longer used Go Green for transportation of the special needs students and began using Zoom, what I like to refer to as Uber for students. One service they said they would provide is that the same driver picking up the student from their home.

[17034] SPEAKER_41: This is 16.4.

[17035] Maria Huffer: Oh, I'm sorry. This isn't the special.

[17041] SPEAKER_41: 16.4.

[17041] Maria Huffer: Oh, this is the resolution. Yes. Sorry. I am so sorry. OK. So on the resolution, it says on the agenda that this contract and the purchase orders were coming forward. And that's not what's included here. So this was more of my bringing forward your language that's on the agenda versus what is attached on this item. So it said contracts and purchase orders. And both of those items are not included here. And then also the last time that this was on the agenda in June, it was not on the consent calendar. I believe it was listed under old business or new business. Actually, I think it was actually under new business. And now it's under the consent calendar. So just a little housekeeping is the consistency of the item itself. But again, that's what you said you were going to be supplying versus what you actually included, sorry.

[17114] SPEAKER_41: So I guess the dollar amount is around $750,000 if I am correct. Anybody ready to make a motion?

[17123] Aiden Hill: Yes, I have a comment about this. So per the public comment, Right, so this resolution calls out that, I mean, so this was the emergency resolution, right, that we said, okay, we're going to allow staff to expedite purchases, but that we're going to still, you know, exercise our oversight. And so part of that is seeing the contracts as well as the purchase orders. All right, so we found out in the last regular board meeting that this contract had been put in, or I'm talking specifically about edgenuity, because that's the largest one here. that had been put in place and yet there had been no oversight, there had been no presentation to the board, no oversight. We at that point re-approved this resolution, but we said that we were gonna have monthly inspections. So the assumption is that we're providing oversight. We now are having this contract presented, I'm sorry, this item, this expenditure being presented, but there is no contract attached here. It is only the purchase order. The purchase order by itself is problematic and concerning. But I think that there's probably a lot more from a contractual basis that I think that we ought to be looking at. And so, you know, I think that we should basically pull this, replace it, make sure that we get the contract in place before we review it again.

[17213] SPEAKER_41: Given this is already purchased, right? So I guess we don't really need to approve this, right? So we can, we really want to get the contract and purchase order back for the next meeting because this is already executed, right?

[17224] Marie dela Cruz: No, let me just clarify. To be consistent, we kept the title the same, contracts and POs. And in our purchasing policy, you know, our purchases are either made by formal contract or purchase order. And so in this case, there are no contracts. And we just kept it consistent with the title. And the district uses POs as a form of a contract.

[17254] Aiden Hill: So I've spent a big part of my career actually being involved in software implementations and software purchase contracts. My wife actually is a former executive, software executive at EMC. And I actually asked her today, I said, hey, could you take a look at this? And she said, and so she actually went above and beyond, and she actually called Edge Annuity. And so she confirmed that Edge Annuity is not going to go into a relationship without a contract. So they are providing, and there's actually multiple contracts here. So there's not only an end user license contract, but there's also potentially an SOW for professional services. So I think that we as a board and also as a public need to see this because there are a lot of components in here that potentially can impact, I mean, not only does it look like we negotiated a bad deal, and here's why I'm gonna tell you this. We purchased 100 software licenses at $3,600. Those are quite expensive licenses. We don't know right now whether there was any type of negotiation going on to actually get the best price. But what's even worse is that we just learned that we're only using 46 out of the 100 licenses. So that's less, that's more than half of this $367,000 contract. So we've basically wasted $167,000. So this is why I have concerns about this whole emergency resolution and how we're doing business and a lack of oversight. We've already talked about how we're whistling past the graveyard in terms of our budget and here we're not exercising proper oversight and we're wasting lots of money. And this I can just tell just from looking at the purchase order. I promise you that there's a lot more details in the contract and I promise you that they have a contract that would actually talk about, for example, how do renewals occur? And then what types of percentages, basically marking up, do they guarantee? How does all that work? They're not going to just sign off on just some basic purchase order. They are providing contracts. I think that we need to see them.

[17398] SPEAKER_41: So I do have one of the small questions about ingenuity. So because in the report, you said 46. I think 46 students are using that, but we did purchase 100 of them. Is that right? So is there any explanation on that?

[17414] Terrence Grindall: Ms. Pierce-Davis, do you want to comment at all on the ingenuity process and how we started that contract or that partnership?

[17432] Nicole Pierce-Davis: Are you looking for more information about the cost or how we started the partnership?

[17436] Terrence Grindall: If you just explain a little bit about how, when we engaged with Edgenuity, what was the stipulations and what did they, what did, what were they able to offer us and what we had to sign up for in terms of the number of licenses and how we went about that decision.

[17454] Nicole Pierce-Davis: Yes, so we looked at our numbers at that point. As we looked at the surveys that we gave to parents at the end of last year, we made predictions about how many numbers we would anticipate would be interested in our independent study option this year. We used those numbers to base the numbers off of the licenses that we assumed that we would need for this year. As you know, those numbers have shifted and changed as this year has gone on. We actually anticipate that that will continue to change all year. These services also are very different than what you would see from like a credit recovery program. This is their full instructional services. So the supports with teachers in each content area. I'm trying to understand exactly like how long I can keep talking.

[17506] SPEAKER_41: I got the thing is, do you think we're likely to get close to the 100 number? Because we have 100 seats, 100 licenses, right?

[17517] Terrence Grindall: Right. Yeah, at the time that we had to make decisions about this was we had no way of knowing exactly how many students would opt into the virtual independent study. But like Ms. Pierce said, we made estimates based on the number of families that had indicated they were interested when they filled out the survey earlier on. The number, and I believe the number went down from that estimate because families started to feel more safe about returning to in-person. So that number ended up being lower. But when we were in discussions with Edgenuity, we had to make a decision. And likewise, if we didn't purchase enough of the licenses, then we would have been left without without proper licenses for all our students.

[17572] Aiden Hill: But Dr. Triplett, that's actually not how it works. And so you're talking to somebody that's negotiated a lot of software contracts. And I'm talking to my wife. She actually sold lots of contracts. And so you can actually go and you can establish a base price that you're negotiating per license. And then you can buy them in increments. And so the challenge, though, is that once you buy that big, huge slug, you can't get it back because it's a revenue recognition issue. It's going to violate accounting principles. So we could have negotiated a price. We could have gotten a conservative number with a promise to say, if we needed to buy more licenses, we could buy them at that price. Because we didn't do that, we've now blown $167,000.

[17615] Terrence Grindall: Yeah, that wasn't an option that was made available to us by Edgenuity at the time that we were negotiating and talking with them. And the reason being is because it's not just a license. they actually have to contract out to the tutors, the individuals, the human beings. And so what they asked us was we really had to commit because then they would have to do the hiring and all of that stuff. So we had to make a decision one way or another. And if we were to under estimate, then we would be in a situation where we wouldn't have service for our kids. And given that we're in a pandemic, And given that we're trying to make sure that we are serving all our students, we had to make that decision. And we still don't know whether we will have more students that will now opt in. So it's quite possible. We'll have to wait and see. I actually hope we don't. I hope the situation gets better rather than worse. And therefore, we actually have less students in virtual. But we have to take measures in advance to make sure that we are providing the right services to all our kids.

[17687] SPEAKER_41: Point of order, washing the clock. I'm not sure, does the board have the authority to extend the meeting one more time? No. Okay, I guess. We've only got five minutes left. So, if we don't finish it, then we just, the board meeting is done, then we gotta- Call a special meeting tomorrow. Yeah, we gotta call a special meeting, right?

[17704] SPEAKER_42: Your board bylaws do state two comments for the board, so maybe you can try and apply that in order for the sake of moving quicker. If not, then you're gonna have to adjourn to a later time in order to But it will be a special meeting because you have already stated that the meeting will be ending at 11.

[17724] SPEAKER_41: Any motions on 16.4? I just wanted to make one comment before we move on.

[17734] SPEAKER_25: I just wanted to clarify this, Dr. Triplett. As a user of Ingenuity myself, an alternative education. I want to just make sure that everyone understood that when you purchase a licensing, they can't be reused. So you have to also forecast for the coming students throughout the actual academic school year. So 46, while it is a low number, that's not to say that we may not have 50 more students between now and the end of the year that will come in and use ingenuity. I just wanted to shed that light with everyone, because the licensing is not reusable.

[17766] Phuong Nguyen: Yeah, and also I think I think that this ingenuity is different than most software licensing. So I'm pretty sure that the district was incompliant.

[17785] Aiden Hill: I'd just like to make a motion that we actually have the contracts produced. Because they have an agreement with us. So they have a software agreement with us, and they have an SOW with us.

[17798] SPEAKER_41: Any second?

[17801] SPEAKER_42: I second. For the contract? Right now we have the Member Hill's motion on the table, which is very different from the one that's on recommendation. Is that the one you're seconding, Member Wood?

[17814] Phuong Nguyen: Oh, no. I withdraw my second.

[17819] SPEAKER_41: Any second? No second. Anybody want to propose alternative motion?

[17828] Bowen Zhang: Move approval, Ms. Terrence.

[17831] Phuong Nguyen: Second.

[17832] SPEAKER_41: Motion made by Member Grundahl, seconded by Member Nguyen. Member Marcus, how do you vote?

[17837] SPEAKER_35: Yes.

[17839] SPEAKER_41: Member Grundahl, how do you vote? Yes. Member Hill, how do you vote? No. Member Nguyen, how do you vote? Yes. My vote is yes as well. Motion carries with four ayes. We have three minutes left. Should we proceed, or should we just call off the meeting? Let's get it done. 16.6, contract with Hopsky Drive-In for district-wide special education and transportation. Ms.

[17870] Maria Huffer: Parks? Rewind. It's a little late to be bringing comments and concerns forward since this contract was started September 13th, but I will anyway. It's a sad day when Newark Unified no longer used Go Green to transportation of the special needs students and began using Zoom, what I like to refer to as Uber for students. One day they said they would provide the same driver picking up the student from home would be the same driver dropping them off at home after school. Many special needs students need consistency. It hasn't happened all the time and I don't see that commitment with hop, skip, drive. I don't see any COVID protocols. You have a 29-page Newark Unified Safety Plan, approved 9-2-21. What do you know about the company's COVID protocols? Are the drivers vaccinated? Are they regularly tested? Who was in the car before they picked up the Newark student? Who was in their car between drop-off and pickup times? How often are their cars cleaned? How are they cleaned? Can you answer any of these questions? It's useless to have all of your protocols and then possibly expose your most vulnerable students and staff through a vendor. I hope you will get clarification on their COVID protocols prior to approving this contract. Thank you very much.

[17958] SPEAKER_41: As we're approaching the 11 p.m. mark, any motion on the table? Anyone is willing to make a motion? I move that we approve the contract with Hopskip Drive, Inc. May I get a second? No second? Okay, motion dies. 11 p.m., meetings adjourned.

1. CALL TO ORDER

1.1 Meeting Practices and Information

   Type                        Information, Procedural

IN-PERSON MEETING INFORMATION
NUSD has opened its boardroom for in-person meetings and will follow the State's and Alameda County's safety guidelines
for public gatherings. Please refrain from attending in-person meetings if you have any of the following symptoms:
       Loss of taste/smell
       Difficulty breathing
       Vomiting
       Diarrhea
       Fever
       Cough
       Headache
       Sore Throat
       Runny Nose
For additional COVID-19 information please go to https://www.newarkunified.org/covid-
19 or https://www.acoe.org/guidance

OBSERVE THE BOARD OF EDUCATION MEETING
Members of the public may observe the meeting via the NUSD YouTube Channel, live transmission on Comcast Channel 26,
or in-person at the NUSD Boardroom. 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 audio-only comment via Zoom with advance notice requested by email at PUBLICCOMMENT@newarkunified.org, a
written comment by submitting a speaking card via email at PUBLICCOMMENT@newarkunified.org, or with live in-person
comments by submitting a speaker-card with the Executive Assistant.

1.2 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

2.1 Approval of the Agenda

  Type                         Action

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

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

3. CLOSED SESSION

3.1 Public Comment on Closed Session Items

  Type                         Information

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.

3.2 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code, � 54957, subd. (b)(1))

  Type                         Action, Information, Procedural

PURPOSE:
Information will be provided by the Superintendent and Executive Director of Human Resources.

3.3 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, � 54957.6, subd. (a): Employee Organizations - NTA and CSEA

  Type                         Action, 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.

3.4 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, � 54957.6, subd. (a)): Employee Group - NEWMA, Unrepresented Supervisors, and Contracted Management

  Type                         Action, 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

3.5 CONFERENCE WITH LEGAL COUNSEL � ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, � 54956.9, subd. (d)[(2) or (3)]

  Type                         Action, Information, Procedural

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

3.6 CONFERENCE WITH LEGAL COUNSEL � EXISTING LITIGATION (Gov. Code, � 54956.9, subd. (d)(1))

  Type                         Action, Information, Procedural

PURPOSE:
To discuss the following case(s):

Bretz vs Newark Unified School District Keenan Claim # 569505

Christine Clinton v. Newark Unified School District: HG21103262

3.7 STUDENT EXPULSION Stipulation (Ed Code. � 48918) - Case# e2122-02.

  Type                         Discussion, Information, Procedural

PURPOSE:

For the Board to review the Stipulation Expulsion Agreement.

BACKGROUND:

A Stipulation Expulsion Agreement meeting was held on September 29, 2021. A Stipulation Expulsion Meeting has been
conducted in accordance with Board Policy and Administrative Regulation 5144.1 and, if applicable, 5144.2 for students with
disabilities. The administration asks for approval of the recommendation for Case# e2122-02. (Ed Code. � 48918).

3.8 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

4.1 Pledge of Allegiance

  Type                         Procedural

PURPOSE:
The Governance Team will recite the Pledge of Allegiance

5. REPORT OF CLOSED SESSION ACTIONS

5.1 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. RECOGNITIONS AND CELEBRATIONS

6.1 Ballet Folklorico in Celebration of Latinx Heritage Month

  Type                         Information

PURPOSE:

The Ballet Folklorico from Schilling Elementary will perform in celebration of Latinx Heritage Month.

6.2 School Spotlight: Schilling Elementary

  Type                         Information

PURPOSE:
The School Spotlight gives the Board of Education and the public an opportunity to hear the highlights, achievements, and
initiatives at each school directly from the principals.

BACKGROUND:
The presentation and information will be provided by the Schilling Elementary Principal, Dr. Wendy Casta�eda-Leal.

6.3 Staff Spotlight

  Type                         Information

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

BACKGROUND:
The presentation will be provided by the Superintendent.

7. STUDENT REPORT

7.1 Student Reports from Newark Junior High School, Alternative Education, and Newark Memorial High School

  Type                         Information

PURPOSE:
At regular Board of Education meetings, a spokesperson of each secondary school may make a brief presentation.

Discussion items may include updates, celebrations, and upcoming events.

1. Newark Junior High School - Mohammen Lulu and Poorvi Sharma

2. Alternative Education - Alexis Blanco-Barron


3. Newark Memorial High School - Estaina Resendiz-Ortiz

8. EMPLOYEE ORGANIZATIONS

8.1 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

9. PUBLIC COMMENT ON NON-AGENDA ITEMS

9.1 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

10. SUPERINTENDENT REPORT

10.1 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

11. STAFF REPORT

11.1 ACOE Approval of NUSD 2021-22 Adopted Budget and Local Control and Accountability Plan

  Type                         Information

PURPOSE:
To inform the Board of the approval of NUSD's 2021-22 Adopted Budget and Local Control Accountability Plan (LCAP) by the
Alameda County Office of Education (ACOE).

BACKGROUND:
ACOE approved the District's 2021-22 Adopted Budget and LCAP (see attached letter).

Please note in the ACOE letter (page 2), there is a statement regarding a projected deficit in the general fund of $4.2M in
2021-22. This deficit is in the restricted funds which represents carryover spending from the prior year's restricted fund
balance. The unrestricted general fund is projected with a slight surplus of $381K.

A Public Hearing was held on June 3, 2021, on the 2021-22 Local Control and Accountability Plan (LCAP) and the 2021-22
Proposed Budget.

At the Special Meeting of the Board on June 29, 2021, both the 2021-22 Local Control Accountability Plan (LCAP) and 2021-
22 Adopted Budget were approved.

  File Attachments
  NUSD 2021-22 Budget Board Letter Final.pdf (370 KB)

11.2 State and County Updates Impacting Educational Services

  Type                         Information

PURPOSE:

To provide additional information to the Board of Trustees about recent state shifts impacting educational services, including
AB 104, SB 130, SB 167, 5th year senior clarification, SAT/PSAT testing offerings, and state assessments.

BACKGROUND:

The pandemic has brought new laws, guidance, and testing strategies that impact our students. This presentation will serve
to update the Board of Trustees and our community on some of these changes and the impact on educational services in
Newark.

  File Attachments
  10.7.21 State & County Updates Impacting Educational Services (1).pdf (1,314 KB)

12. STUDENT EXPULSION

12.1 Expulsion Stipulation for Case# e2122-02

  Type                         Action

  Recommended                  The recommendation is that the Board of Education approves the Expulsion Stipulation.
  Action

PURPOSE:

For the Board to review the Stipulation Expulsion Agreement.

BACKGROUND:

A Stipulation Expulsion Agreement meeting was held on September 29, 2021. A Stipulation Expulsion Meeting has been
conducted in accordance with Board Policy and Administrative Regulation 5144.1 and, if applicable, 5144.2 for students with
disabilities. The administration asks for approval of the recommendation for Case# e2122-02. (Ed Code. � 48918).

Motion & Voting
  The recommendation is that the Board of Education approves the Expulsion Stipulation.

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

13. PUBLIC HEARINGS

13.1 Public Hearing: Sufficiency of Instructional Materials

  Type                         Procedural

PURPOSE:

This Public Hearing will proceed a vote on Resolution 2021.22.07: Sufficiency of Instructional Materials.

BACKGROUND:

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

  File Attachments
  2021-22 Sufficiency of Materials Public Hearing (1).pdf (84 KB)
  2021-22 Sufficiency of Material Resolution 2021.22.07 (2).pdf (96 KB)

14. NEW BUSINESS

14.1 Revised Hourly Rate for Translators

  Type                         Action

  Fiscal Impact                Yes

  Budget Source                General Fund

  Recommended                  The recommendation is that the Board of Education approve the revised hourly rate for
  Action                       translators effective October 1, 2021.

PURPOSE:
To increase the hourly rate for translators from $15.88 to $25.00 per hour effective October 1, 2021.

BACKGROUND:
In order to be competitive with surrounding districts, our current translator rate needs to be increased.

Motion & Voting
  The recommendation is that the Board of Education approve the revised hourly rate for translators effective October 1,
  2021.

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

14.2 Latinx Heritage Month Resolution

  Type                         Action

  Fiscal Impact                No

  Recommended                  The recommendation is that the Board of Education adopts Resolution 2021.22.08 recognizing
  Action                       Latinx Heritage Month from September 15 - October 15.

PURPOSE:

To adopt Resolution 2021.22.08 recognizing Latinx Heritage Month from September 15 � October 15.

BACKGROUND:

The proposed NUSD resolution is intended to recognize and celebrate the contributions of our Latinx, Hispanic, and Chicano
community members, as well as draw attention to areas of improvement for Newark Unified School District with respect to its
service to this community. It was drafted in partnership with the following community representatives:
      Newark Memorial High School Students
      Bridgepoint High School Students
      Newark Unified School District Educational Services Team
      Newark Unified School District Staff (Open Invitation)
      Community Organizations: Promotores, Avanzando, and Parent Focus Groups, including City Council
      Representative Sucy Collazo

  File Attachments
  National Latinx Heritage Month Resolution 2021.22.08.pdf (108 KB)


Motion & Voting
  The recommendation is that the Board of Education adopts Resolution 2021.22.08 recognizing Latinx Heritage Month
  from September 15 - October 15.

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

14.3 Resolution No. 2021.22.06 Week of the School Administrator

  Type                         Action

  Preferred Date               Oct 07, 2021

  Recommended                  The recommendation is that the Board of Education approve Resolution No. 2021.22.06 to
  Action                       honor Newark Unified School District administrators during the second full week in October
                               (October 11 to October 15, 2021).

PURPOSE:

The purpose is for the Board of Education to approve Resolution No. 2021.22.06 to honor Newark Unified School District
administrators during the second full week in October 2021.

BACKGROUND:

California Education Code Section 44015.1 designates the second full week in October as Week of the School Administrator in
all schools, districts, and counties. Highlighting and acknowledging this week is one way the Association of California School
Administrators and the Newark Management Association collaborate to celebrate the educators, business leaders, and
community groups that work to make our schools succeed and enable students to achieve at their highest levels. The
recommendation is that the Board of Education approves this resolution to honor Newark Unified School District
administrators during the second full week in October 2021.

  File Attachments
  Res. No. 2021.22.06 Week of the School Administrator.pdf (80 KB)

Motion & Voting
  The recommendation is that the Board of Education approve Resolution No. 2021.22.06 to honor Newark Unified School
  District administrators during the second full week in October (October 11 to October 15, 2021).

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

14.4 Proposed Boundaries for Musick Elementary School Consolidation

  Type                         Discussion, Information

PURPOSE:
To present the proposed boundaries for the consolidation of Musick Elementary School for the 2022-2023 school year.


BACKGROUND:
On November 19, 2020, the Board approved to consolidate Musick Elementary School for the 2022-23 school year.

The proposed new boundary line is Thornton Avenue. Students living north of, or on the north side of Thornton Avenue will
be assigned to Kennedy Elementary, and students living south of, or on the Southside of Thornton Avenue will be assigned to
Birch Grove Primary or Birch Grove Intermediate. Students currently attending Musick will be given a unique option to
request their "top 3" choices of schools which will include their new home school as one of the choices. The district will work
with families to accommodate requests as much as possible.

A recommendation to approve the new boundaries will be presented to the Board at the October 21, 2021, meeting.

  File Attachments
  Current boundaries 21-22.pdf (168 KB)
  Boundary option for Musick.pdf (183 KB)

14.5 Draft ESSER III Expenditure Plan

  Type                         Discussion, Information

PURPOSE:
To present the draft ESSER III Expenditure Plan to the Board. The final draft will be presented for approval at the October 21,
2021 Board meeting.

BACKGROUND:
School districts, county offices of education, or charter schools, collectively known as LEAs, that receive Elementary and
Secondary School Emergency Relief (ESSER) funds under the American Rescue Plan Act, referred to as ESSER III funds, are
required to develop a plan for how they will use their ESSER III funds. In the plan, an LEA must explain how it intends to use
its ESSER III funds to address students' academic, social, emotional, and mental health needs, as well as any opportunity
gaps that existed before, and were worsened by, the COVID-19 pandemic. An LEA may also use its ESSER III funds in other
ways, as detailed in the Fiscal Requirements section of the Instructions. In developing the plan, the LEA has flexibility to
include community input and/or actions included in other planning documents, such as the Local Control and Accountability
Plan (LCAP), provided that the input and actions are relevant to the LEA's Plan to support students.

The ESSER III Expenditure Plan must be approved by the Board by October 29, 2021. Staff will present the
District's final plan to the Board at the October 21, 2021 meeting.

  File Attachments
  ESSER III Expenditure Plan- Draft for 10-7-21 Board Mtg.pdf (248 KB)
  ESSER III Board Presentation 10.07.21.pdf (1,190 KB)

14.6 Bid Award of the HVAC Units Replacement Project - Phase 1 Increment 2 at Newark Jr High and Newark Memorial High School

  Type                         Action

  Fiscal Impact                Yes


  Dollar Amount                $4,233,000.00

  Budgeted                     Yes

  Budget Source                $620,000 Measure G Bond; $56,243 Measure B and $3,556,757 Fund 25

  Recommended                  The recommendation is that the Board of Education accept the withdrawal of bid from A&B
  Action                       Mechanical due to clerical error as provided under California Public Contract Code section
                               5101b and authorize staff to award the HVAC Units Replacement Project at Newark Junior
                               High School and Newark Memorial High School to the lowest, responsible and responsive
                               bidder, Rodan Builders, Inc. as presented.

PURPOSE:
To authorize district staff to award the contract to Rodan Builders for the HVAC Units Replacement Project Phase 1 Increment
2 at Newark Junior High School and Newark Memorial High School.

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 contract for the HVAC Replacement Project Phase 1 Increment 1, which included BGP, Kennedy, Coyote Hills, and
Schilling Elementary Schools, was approved by the Board on August 5, 2021, for $2,993,000.

These projects have undergone a competitive bidding process. A Notice to Bidders was publicly advertised in the Argus
Newspaper on July 30, 2021, and August 6, 2021. Mandatory pre-bid conferences occurred on August 4, 2021 and August
11, 2021, and were placed in industry plan rooms on August 4, 2021. Bids were publicly opened on August 25, 2021.

On August 25, 2021, five (5) bids were received for the HVAC Replacement Project, Phase 1 Increment 2.           The first low
bidder, A&B Mechanical, withdrew their bid due to clerical errors. The second-lowest qualified bid was submitted by Rodan
Builders at $4,233,000.00.

  File Attachments
  Bid Results- HVAC-2-NJHS & NMHS--.pdf (43 KB)
  S Bid Form Rodan Builders.pdf (1,392 KB)
  S Withdrawal Letter-Newark Unified Schools HVAC.pdf (157 KB)

Motion & Voting
  The recommendation is that the Board of Education accept the withdrawal of bid from A&B Mechanical due to clerical
  error as provided under California Public Contract Code section 5101b and authorize staff to award the HVAC Units
  Replacement Project at Newark Junior High School and Newark Memorial High School to the lowest, responsible and
  responsive bidder, Rodan Builders, Inc. as presented.

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

14.7 Change Order #1 - Landscaping and Irrigation Group 1 at Birch Grove Intermediate, Birch Grove Primary, Kennedy, Lincoln and Schilling

  Type                         Action

  Fiscal Impact                Yes

  Dollar Amount                $9,799.41

  Budgeted                     Yes


  Budget Source                Bond Measure G

  Recommended                  The recommendation is that the Board of Education approve Change Order #1 for the
  Action                       Landscape and Irrigation Group 1 Project with Marina Landscape as presented.

PURPOSE:
Approve Change Order #1 in the amount of $9,799.41 for a new total contract amount of $545,199.41 with Marina
Landscape for the Landscaping and Irrigation Group 1 Project.

BACKGROUND:
The Board approved the contract with Marina Landscape for the Landscaping and Irrigation Group 1 Project on June 17,
2021. The base contract awarded to Marina Landscape was $535,400 which included a $25,000 contingency for unforeseen
items such as this change order. This change is less than a 2% change of the contract and is well within the project budget.

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

 1 Seven (7) pink Kangaroo per site request Paws plus irrigation at Birch Grove Primary to infill hedges along Smith Avenue      $1,013.24
 2 Irrigation drawing changes                                                                                                     33,786.17
 3 Contract contingency allowance                                                                                                -25,000.00
 4 Total Change Order #1                                                                                                          $9,799.41

  File Attachments
  CO#1-Marina- Plant & Irrigation-R with backup.pdf (2,739 KB)

Motion & Voting
  The recommendation is that the Board of Education approve Change Order #1 for the Landscape and Irrigation Group 1
  Project with Marina Landscape as presented.

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

14.8 Declaring the Futility of Public Bidding for Work Arising from Unforeseen Conditions and Approving Change Order to the Agreement with Cal-Pacific for the Stairway Project at Newark Junior High School Project

  Type                         Action

  Fiscal Impact                Yes

  Dollar Amount                $232,032.70

  Budgeted                     Yes

  Budget Source                Fund 25 Capital Facilities Fund

  Recommended                  The recommendation is that the Board of Education approve Resolution 2021.22.09 Declaring
  Action                       the Futility of Public Bidding for Work Arising from Unforeseen Conditions and Approving
                               Change Order #2 in the amount of $232,032.70 to the Agreement with Cal-Pacific for the
                               Stairway Project at Newark Junior High School Project, as presented.

PURPOSE:


The Board will consider the recommendation from staff to approve Resolution 2021.22.09 and approve Change Order #2
scope adjustments in the amount of $232,032.70 for the Newark Junior High School Stair Improvement & Barrier Removal
Project.

BACKGROUND:
The Board approved the contract with Cal- Pacific Construction Inc. for the Newark Junior High School Stair Improvement &
Barrier Removal Project on June 17, 2021. The base contract awarded to Cal-Pacific was for $631,000.00. Change Order #1
in the amount of $21,353.65 was approved on August 5, 2021, for a total contract amount of $652,353.65.

The Newark Junior High School Stair Improvement & Barrier Removal Project has been under construction since June 2021.
Stair #1 has been completed. During the course of the work, there have been significant changes in scope due to unforeseen
conditions. Change Order #2 is for additional steel reinforcement, installation of skateboard deterrents, concrete repair work,
removal and replacement of staircase 2 and 3 due to unforeseen conditions (the unforeseen conditions will be explained
more in detail at the Board meeting), credit for remaining work for pedestrian coating, striping and concrete patchwork and
footing at Newark Junior High School, as presented.

Because this Change Order is above 10% of the original contract value the Board needs to approve Resolution 2021.22.09
Declaring the Futility of Public Bidding of Additional Construction Work on the project. The resolution contains recitals to
support the findings required under Public Contract Code.

The scope and cost of each COR have been verified and negotiated by the Architect and Construction Manager.

  File Attachments
  CO#2-CalPacific-NJHSStairs 1.pdf (67 KB)
  Resolution 2021.22 Declaring the Futility of Public Bidding.pdf (65 KB)

Motion & Voting
  The recommendation is that the Board of Education approve Resolution 2021.22.09 Declaring the Futility of Public
  Bidding for Work Arising from Unforeseen Conditions and Approving Change Order #2 in the amount of $232,032.70 to
  the Agreement with Cal-Pacific for the Stairway Project at Newark Junior High School Project, as presented.

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

14.9 2021-22 Local Control Accountability Plan (LCAP) Advisory Membership

  Type                         Action

  Preferred Date               Oct 07, 2021

  Fiscal Impact                No

  Recommended                  The recommendation is that the Board of Education approves the LCAP membership roster.
  Action

  Goals                            1a. Student Achievement

PURPOSE:

We are seeking approval of the attached proposed membership of the 2021-22 Local Control and Accountability Plan (LCAP)
Parent Advisory Committee (PAC). At its first meeting, the Advisory will review its bylaws which will include rules regarding
processes and procedures.     The Director of Special Projects, Abbey Kerins will facilitate meetings.


LCAP PAC meetings are open to the public; all agendas and minutes will be posted for interested parties to track progress
towards the final draft of the LCAP.

Child care, light refreshments, and translation will be provided to support member participation. All meetings will be held
from 6:00 pm to 7:30 pm in the Board of Education Training Room: 5715 Musick Ave., Newark. The meetings are scheduled
as follows:

October 26, 2021
December 7, 2021**
January 25, 2022
February 22, 2022
March 22, 2022
April 26, 2022
May 24, 2022

The attachment lists the names of parent/guardian representatives and additional members.

BACKGROUND:

Visit our LCAP webpage to learn more about the development of the LCAP and read previous years' meeting agendas and
minutes, and to view presentations made to the Committee: https://www.newarkunified.org/departments/educational-
services/lcap/.

  File Attachments
  LCAP PAC Membership 2021-22 For Board Approval (1).pdf (194 KB)

Motion & Voting
  The recommendation is that the Board of Education approves the LCAP membership roster.

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

15. CONSENT AGENDA: PERSONNEL ITEMS

15.1 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-
  Personnel, except for agenda items: 15.2 and 15.3.

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

15.2 Personnel Report

  Type                         Action

  Absolute Date                Oct 07, 2021

  Recommended                  The recommendation is that the Board of Education ratify the personnel report as presented.
  Action

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 10-07-2021.pdf (379 KB)

15.3 Revised 2021-22 Department Chair Salary Schedule

  Type                         Action

  Recommended                  The recommendation is that the Board of Education approve the revised 2021-22 Department
  Action                       Chair Salary Schedule with updated stipend language.

PURPOSE:
To clarify the stipend for Department Chairs so that the language is the same as the NTA agreement.

BACKGROUND:
On August 5, 2021, the salary schedule was approved to read: Stipend Grade 7-8 $3,150, Grade 9-12 $3,150.

Per the NTA 2019-2022 Agreement, Appendix G Department Chair Stipends, the base amount is $1800 plus $60 per section
for both High School and Junior High School. The salary schedule is corrected to read: Grade 7-8 $1,800 plus $60/section,
Grade 9-12 $1,800 plus $60/section.

  File Attachments
  NTA Salary Schedules - FY21-22_Dept Chair_rev 9-20-21.pdf (221 KB)

16. CONSENT AGENDA: NON-PERSONNEL ITEMS

16.1 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: 16.3, 16.4, 16.6.

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

16.2 Updated School Lunch Prices 2021-2022

  Type                         Action

  Recommended                  The recommendation is that the Board of Education approve the updated fees for school
  Action                       meals, effective for the 2021-2022 school year.

PURPOSE:
Students will continue to receive free meals based on the current USDA guidance of the Summer Seamless Option which
allows for free meals to all students no matter their status. There is no guarantee, however, that this program will continue
beyond the 2021-2022 school year.

The USDA Paid Lunch Equity Requirement remain in effect during the Summer Seamless Option. Annually, NUSD Child
Nutrition Department uses the Paid Lunch Equity Tool (provided by the US Department of Agriculture) to determine weighted
average lunch prices. This tool uses the monthly average of all lunches purchased in October of the prior school year. For the
2021-22 calculations, October 2019 lunch sales numbers were used in order to accurately reflect sales.

Currently, the NUSD weighted average lunch price is $3.12. For the 2021-2022 school year, the required weighted average
lunch price is $3.18. In order to be in compliance, NUSD Child Nutrition must increase elementary paid lunch fees for the
2021-2022 School Year.

      Elementary School Lunch Prices will increase from $2.75 to $3.00 ($0.25 increase)
      Newark Jr High School Lunch Prices will remain at $3.25
      Newark Memorial High School Lunch Prices will remain at $3.50

Students eligible for free meals will continue to receive meals at no cost.

Increasing lunch prices will increase revenues in the National School Lunch Program and that will ensure more monies to the
nonprofit school food service account and allow them to avoid impinging on the general fund.

BACKGROUND:
Regulation 7 CFR 210.14 (e) requires school food authorities (SFAs) participating in the National School Lunch Program to
ensure sufficient funds are provided to the nonprofit school food service account for meals served to students not eligible for
free or reduced-price meals. There are two ways to meet this requirement: changing the prices charged for "paid" meals, or
through other non-Federal sources provided to the nonprofit school food service account.

16.3 Resolution 2021.22-07 - Sufficiency of Instructional Materials

  Type                         Action

  Fiscal Impact                No

  Recommended                  The recommendation is that the Board of Education approves Resolution 2021.22-07
  Action                       declaring sufficiency of instructional materials for students.

  Goals                            1a. Student Achievement

PURPOSE:

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

BACKGROUND:

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

Site principals reviewed site sufficiency of materials and affirm.

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

  File Attachments
  2021-22 Sufficiency of Materials Public Hearing .pdf (80 KB)
  2021-22 Sufficiency of Material Resolution 2021.22.07 (2).pdf (96 KB)

Motion & Voting
  The recommendation is that the Board of Education approves Resolution 2021.22-07 declaring sufficiency of
  instructional materials for students.

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

16.4 Contracts and Purchase Orders Authorized under Resolution 2020.21-025 (Delegate Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19)

  Type                         Action

  Fiscal Impact                Yes


  Budgeted                     Yes

  Recommended                  The recommendation is that the Board of Education accept the update on costs associated
  Action                       with the implementation of Resolution 2020.21-025 (Resolution of the Board of Education of
                               the Newark Unified School District to Delegate Authority to Procure Necessary Materials,
                               Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers,
                               and Students to Mitigate the Effects of Covid-19)

PURPOSE:
To update the Board on costs associated with the implementation of Resolution 2020.21-025 (Resolution of the Board of
Education of the Newark Unified School District to Delegate Authority to Procure Necessary Materials, Equipment and
Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19)
from June 1, 2021, through September 30, 2021.

BACKGROUND:
On April 1, 2021, the Newark Unified School District Board approved Resolution 2020.21-025 delegating authority to the
Superintendent or designee to procure necessary materials, equipment, and services that are needed to provide distance
and/or in-person learning to mitigate the effects of Covid-19. Language in the resolution states "the
Superintendent/Designee shall make periodic reports to the Board of Education and the public regarding implementation of
this resolution and the costs associated therewith"; requiring the update provided here.

An update was provided to the Board on June 17, 2021, for contracts and purchase orders authorized between April 2, 2021,
and May 31, 2021.

On September 16, 2021, Amended Resolution 2020.21-025 was approved. The amendment extends it to on or around June
30, 2022, and states that updates will be presented to the Board at the first Board meeting of each month.

VENDOR                         DATE         PONUMBER     DESCRIPTION                                                   AMOUNT
                                            P21-
Western Allied Mechanical      6/15/2021    01901        Repairs to district HVAC units                                $155,215.00
Syserco                        7/12/20221 P22- 00057     TAB (Testing and Air Balancing) Remediation                    $58,632.00
Edgenuity Inc                  7/29/2021    P22-00128    Software for Independent Study Implementation                 $367,500.00
                                            P22-
Austin Air                     8/11/2021    00203        Purchase of Air Purifiers                                      $86,446.34
Forensic AnalyticalConsulting Services9/20/2021P22-00484 Environmental sampling to assess chemical byproducts ofbipolar ionization units$56,000.00
Wayfair                        9/20/2021    P22-00482    Outdoor Tables                                                 $61,723.52

  File Attachments
  PO Austin Air Healthmade 450 Plus Air Purifiers_10-7-2021.pdf (95 KB)
  PO Edgenuity Inc_7-29-21.pdf (99 KB)
  PO Forensic Analytical Consulting Services_10-7-2021.pdf (55 KB)
  PO Syserco_10-7-2021.pdf (154 KB)
  PO Wayfair_9-20-21.pdf (56 KB)
  PO Western Allied_6-15-2021.pdf (402 KB)

Motion & Voting
  The recommendation is that the Board of Education accept the update on costs associated with the implementation of
  Resolution 2020.21-025 (Resolution of the Board of Education of the Newark Unified School District to Delegate
  Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for
  Staff, Teachers, and Students to Mitigate the Effects of Covid-19)

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


  Nay: Aiden Hill

16.5 University of San Francisco MOU and Agreement Regarding Teaching and Counseling Experience

  Type                         Action

  Absolute Date                Oct 07, 2021

  Recommended                  The recommendation is that the Board of Education approve the University of San Francisco
  Action                       MOU and Agreement Regarding Teaching and Counseling Experience.

PURPOSE:

The purpose of this item is for the Board of Education to approve the MOU and agreement between the University of San
Francisco and Newark Unified School District regarding student teachers and counselors beginning May 1, 2021, and ending
June 30, 2026.

BACKGROUND:

The District works closely with local institutes of higher education (IHE) and supports student teacher placements and
interns. Agreements between Newark Unified School District and a university must be in place before a student teacher or
intern can be placed at a school site in the District.

Student teachers and interns in training do fieldwork in our schools and are supervised by the administrators who provide
supervision and training.

Student teachers and interns are able to learn, practice teaching, and fine-tune their craft under the direct supervision of a
master teacher. The opportunity to student teach or intern in the District benefits both the student teacher and the District.

As vacancies become available in the district, it is invaluable to have the opportunity to observe directly student teachers and
interns who may be eligible to interview for vacancies and observe how well they fit into the culture of Newark.

  File Attachments
  SFU Student Teacher Counseling MOU.pdf (259 KB)

16.6 Contract with Hop Skip Drive, Inc. for District-Wide Special Education Transportation

  Type                         Action

  Absolute Date                Oct 07, 2021

  Fiscal Impact                Yes

  Dollar Amount                $274,860.00

  Budgeted                     Yes

  Budget Source                Resource 6500 - Special Education


  Recommended                  The recommendation is that the Board of Education approves the contract with HopSkipDrive,
  Action                       Inc.

  Goals                            1a. Student Achievement

PURPOSE:

To approve the contract with HopSkipDrive Inc., for district wide transportation for Special Education students with IEP
recommended transportation for the 2021-22 school year.

BACKGROUND:

There has been challenges associated with driver shortages this school year. Contracting with HopSkipDrive Inc., will provide
safe and affordable transportation for students in Special Education identified as needing transportation as a related service
to access their Free Appropriate Public Education (FAPE). Special Education transportation is defined in federal regulation [34
CFR Section 300.34(c)(16)] as a related service. Transportation is required to be provided as a related service if it is required
to assist a child with a disability to benefit from Special Education.

  File Attachments
  HopSkipDrive 21-22 SIGNED.pdf (1,074 KB)

Motion & Voting

16.7 Amendment to Inspectacon Contract

  Type                         Action

  Fiscal Impact                Yes

  Dollar Amount                $20,000.00

  Budgeted                     Yes

  Budget Source                Fund 40 Special Reserves for Capital Outlay Projects

  Recommended                  The recommendation is that the Board of Education approve the amendment to the
  Action                       Inspectacon contract as presented.

PURPOSE:
To approve the amendment to increase the Inspectacon contract for DSA inspection services for the Newark Junior High
(NJHS) Solar Arrays, Newark Memorial High School (NMHS) Solar Arrays, and Newark Memorial High School Battery Storage
solar projects.

BACKGROUND:
Inspectacon is the required DSA inspector for the solar projects at NMHS and NJHS.

The amendment to the contract is needed due to unforeseen conditions with the solar project.

The original contract was $47,950 and with this increase, the new total will be $67,950. Forefront, the solar project
contractor, will reimburse the district $20,000 for the inspection services. The net cost to the district is $47,950.

  File Attachments


  Solar Projects PI Budget Proposal Rev. #2.pdf (77 KB)
  Inspectacon Corp_IOR for Solar Project Proposal at NJH and NMHS_2021_fully executed.pdf (199 KB)

16.8 Minutes of the September 16, 2021 Regular Meeting of the Board of Education

  Type                         Action, Minutes

  Recommended                  The recommendation is that the Board of Education approves the minutes of September 16,
  Action                       2021, 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 September 16, 2021, Regular Meeting of the Board of Education. The exact
language is available for viewing on the NUSD YouTube Channel.

16.9 Minutes of the September 21, 2021 Special Meeting of the Board of Education

  Type                         Action, Minutes

  Recommended                  The recommendation is that the Board of Education approves the minutes of September 21,
  Action                       2021, 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 September 21, 2021, Special Meeting of the Board of Education. The exact
language is available for viewing on the NUSD YouTube Channel.

17. BOARD OF EDUCATION: COMMITTEE REPORTS, REQUESTS, AND ANNOUNCEMENTS

17.1 Board of Education Recognitions and Announcements

  Type                         Information

PURPOSE:
The Trustees may acknowledge or recognize specific programs, activities, or personnel at this time.

17.2 Board of Education Committee Reports

  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

17.3 Board of Education Requests

  Type                         Action, 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.

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

18.1 Superintendent's Concluding Comments, Updates, and Future Agenda Items

                               AGENDA REQUESTS

  Type                         Information

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

19. ADJOURNMENT

19.1 PLACEHOLDER - Extend Meeting

  Type                         Action

  Recommended                  The recommendation is that the Board of Education extends the meeting to ____P.M.
  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 of Education extends the meeting to 11:00 pm.

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

19.2 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.

No minutes available.