Special Meeting
Tuesday, October 12, 2021
Meeting Resources
[25] SPEAKER_30: 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.
[48] Bowen Zhang: Next, Ms. Gutierrez, roll call, please.
[54] SPEAKER_24: Member Marquez. Present. Member Grindel.
[59] Maria Huffer: Here.
[61] SPEAKER_24: Vice President Nguyen. Here. President Nguyen. I mean, sorry, President Zhang.
[66] Bowen Zhang: Here.
[67] SPEAKER_24: Member Hill is absent.
[69] Bowen Zhang: OK. Next, approval of agenda. I move that we approve the agenda as it is. May I get a second?
[76] Phuong Nguyen: A second.
[77] Bowen Zhang: Seconded by Member Nguyen. Student Board Member, how do you vote?
[81] SPEAKER_28: Yes.
[82] Bowen Zhang: Member Marquez, how do you vote?
[84] SPEAKER_28: Yes.
[85] Bowen Zhang: Member Grundahl, how do you vote? Yes. Yes. Member Nguyen, how do you vote? Yes. My vote is yes as well. Motion carries unanimously. Member Hill is absent. Moving on to Consent Agenda, Non-Personnel Items, District-wide Special Education Transportation for Hobbs Skip Drive. And given we have no public comment, and there are some questions that Superintendent, you want to address with regard to the COVID protocol, all of this transportation provider?
[114] Mark Triplett: Yes. Thank you, President Jeon. Good evening, board members and staff and community watching on YouTube. So, yes, we're bringing back this item. And there has, prior to the last board meeting, there was, there had been really thorough vetting of this company that does work transporting in particular young people. And so I will turn it over in a minute to Ms. Pierce to explain a little bit about number one, the process that we went through to vet this company and select this company and why. And then also with regard to the COVID protocols that they are adhering to. I will say when my daughters were, young and need to go to soccer practice, I used Hop, Skip and Drive with them and it was really excellent. It was a lifesaver, honestly, because it was a safe way for our children to be able to go from school to practice in the middle of the day. And I don't know that it's still the case, but at that time I know that the founder had been a mom, who was really struggling with this issue of how to have our kids go safely from one place to another. And at least initially, she hired all women to be the drivers, which I think was unusual and unique at the time. But I will turn it over to Ms. Pierce-Davis to explain a little bit more about the process that we used in selecting this company.
[210] Nicole Pierce-Davis: Thank you, Dr. Tiplett. We started with Zoom, the company that we regularly use. As everyone is very well aware of, there's a shortage of drivers nationwide. Zoom was unable to fulfill the need that we had as a district, so we are continuing with Zoom. And then our SPED department did some research around trying to find a company that could supplement to ensure that we were making sure that all students who should have transportation as part of their IEPs and special education are receiving that transportation. So they did some outreach. And again, they did a very thorough job. I want to give credit to our special education office for doing this work. We have some really hardworking ladies in that office I've come to know in the last few weeks very well. They reached out to two companies, Go Green, Hopskip Drive were two main ones, which the district had either heard about or had prior relationships with. Go Green did not respond to multiple outreach, and so Hopskip Drive did. We vetted them, their COVID policies are very prominently displayed on their website, so I encourage anyone who's interested to look. And they're also, which you will not find on their website, but they're also complying with the governor's mandate around making sure that all employees are either show proof of vaccination or submit to weekly testing, just like all of our NUSD teachers. and staff are also subject to. So I'm happy to answer any additional questions that you may have. I know that there was some questions around disinfecting and cleaning. That is also on the website. So again, I encourage anyone who's interested. It's pretty prominent.
[316] Bowen Zhang: So Ms. Pierce, you were saying that we're still using ZOO for our transportation, right? But that's for general transportation or that is?
[330] Nicole Pierce-Davis: All of the transportation companies that we're talking about are through our special education department. So these are students who receive, sorry, go ahead. These are students who receive transportation services as part of their IDs.
[343] Bowen Zhang: Yeah, because for us, there was only one of the two choices, either go green or a half skip drive. And go green didn't respond.
[349] Nicole Pierce-Davis: They did not respond.
[350] Bowen Zhang: And you were saying, their drivers either need to get vaccinated or submit to weekly testing.
[356] Nicole Pierce-Davis: Starting October 15th. And that's when the governor.
[359] Bowen Zhang: That is, I guess, this Friday, right?
[362] Mark Triplett: If I could clarify also, members on your presentation, your question. So we are continuing to use Zoom. That's a company that we have been using for special education transportation, but they do not have sufficient drivers and sufficient service at this point to meet all of our needs. So this would be a supplement to Zoom.
[383] Bowen Zhang: Okay. And then specifically about cleaning of the car, any specific information about how they clean the car? I guess one thing about Go Green is the same driver pick up the student and then the same driver also send the student home. Is that right? I mean, the student will have the same driver that send them to the school and pick them up to send them back home.
[407] Mark Triplett: Yeah, so I know that was something that was suggested by a community member. We don't have information to confirm that that has always been or continued to be the policy for Go Green. But like we said, Go Green has been unresponsive to our when we inquired about continuing with their service. I don't believe, and Ms. Pierce, feel free to correct me if I'm wrong, but I don't believe that Hopskip Drive nor Zoom have the capacity to guarantee that the same person that drives the student to school would also pick them up. Is that correct, Ms. Pierce?
[448] Bowen Zhang: What about the cleaning of the vehicle? I guess that's also a question raised.
[454] Mark Triplett: Yeah, so they have a full cleaning protocol. And I believe it's all on the website. But I think all the drivers have been trained in disinfecting protocols. And that's something that they do after every ride.
[472] Bowen Zhang: OK. Any other questions on the rest of the board?
[476] Terrence Grindall: Yes, President Cheng. I wanted to just have a quick question. Their website includes all this information, but is there anything in our contract with them that points to those COVID protection measures?
[495] SPEAKER_03: Ms. Delacruz, do you have any additional information about that?
[507] Marie dela Cruz: As far as I can see, because it is part of the attachment, The COVID protocols are not part of the contract, but we can certainly attach it as an additional exhibit.
[522] Terrence Grindall: That would give me a lot of comfort. And when you're ready for a motion, I'd be happy to make it.
[530] Bowen Zhang: Anybody ready for a motion?
[533] Phuong Nguyen: I just have one clarifying question. So notice that the contract is only until the end of the school year. So once, if they do perform well, will you be reevaluating whether or not to continue with Zoom or bring on Hopskip Drive as a full contract?
[557] Mark Triplett: Yeah, that's something that, yeah, there is a renewal term in there, and so we would definitely be at the end you're evaluating what's the most appropriate. I mean, as we can all imagine, it makes more sense to have one provider, but so we'd have to revisit that with both those companies and see if that's possible for one of those companies to offer sole source, so to speak. And yeah, but that's something that we would analyze.
[583] Bowen Zhang: Okay, thank you. Anybody ready to make a motion?
[590] Terrence Grindall: Yes. President Cheng, I'd like to make a motion to approve this contract as per the staff recommendation with the COVID protocols attached.
[599] Phuong Nguyen: I second.
[600] Bowen Zhang: Motion made by Member Grundahl, seconded by Member Nguyen. Student Board Member, how do you vote?
[605] SPEAKER_28: Yes.
[607] Bowen Zhang: Member Marcus? Yes. Member Grundahl? Yes. Member Nguyen?
[612] SPEAKER_28: Yes.
[613] Bowen Zhang: My vote is yes. Motion carries unanimously. Member Hill is absent. Moving on to Board of Education Recognition and Announcements, student board member.
[625] SPEAKER_27: I would like to give a recognition to Ms. Pierce and Superintendent Triplett for attending a meeting I hosted at the school today during lunch. And it was really informative and it felt great with students speaking to the district members. And I really hope we continue this conversation with students and district members. So thank you.
[647] Bowen Zhang: Thank you. Member Marcus.
[652] SPEAKER_21: I just wanted to go ahead and reiterate and recognize the students that were with us for the National Hispanic Recognition, and that's Vicky Veranese. Monica and Lorena, because I know it's really hard, especially when you're that young and then you're wanting to come forward and demonstrate a skill level that often is not recognized within your school instead of being outsourced in the community. So again, I just wanted to recognize those four young ladies and their parents for the time and dedication of presenting at our last board meeting.
[688] Bowen Zhang: Thank you. Member Grundell.
[691] Terrence Grindall: Yes, I have a kind of a long one. So I just wanted to put something on the record. I've been very concerned about things that Member Hill has been saying at Board of Education meetings. I object to the negativity, accusations, and tone. At our meeting of September 15th, Member Hill's comments were very troubling, and I feel the need to go on the record objecting to his statements. His statements included baseless accusations of collusion, between the superintendent and President Jang to withhold information from him and other board members. He called for the suspension of the superintendent in a situation where there were no negative consequences for the error, for the minor administrative errors. These actions were below the standards of conduct as described in board bylaw 9005. We're still in attacking staff member Lucia Gutierrez and calling for her resignation It's a direct violation of Board Policy 9000, which spells out the role of the Board. Criticism and demands for resignation of a district employee is simply not appropriate. In addition to being contrary to policy and professional conduct, such behavior puts the district and individual members at risk of liability for creating a hostile work environment. Therefore, I want to make it clear, I categorically reject this offensive behavior of Member Hill. I believe his statements I believe that a statement of objections to his actions is needed to keep his actions from tarnishing me as well as other board members. Silence can be seen as consent or agreement. Therefore, I categorically condemn these actions. I hope the superintendent will continue to strive to educate board members on what their appropriate role is. Thank you.
[800] Bowen Zhang: Member Nguyen.
[804] Phuong Nguyen: Thank you, President De Jonge. Before, I'm kind of lost for words right now, but I definitely sympathize and am in agreement with you, Member Grindell, on all of the points that you brought up tonight. So I do also want to go on record stating that I support the statements that you have stated tonight. And then I want to also say before Latinx Hispanic Heritage Month comes to an end, I would like to acknowledge our teachers, administrators, counselors, students, and staff for their hard work and dedication to the Puente program at both the junior high and high school. Puente's mission is to improve the college admission rates of underrepresented students. The program is currently open to all students who are interested in being a part of the program. Students accepted into the program are assigned a Puente counselor who oversees and mentors the students progress towards college readiness, starting at the junior high and all the way through their senior year in high school. Puente integrates Latino and multicultural literature into their curriculum and encourages students to take an active leadership opportunities. Thank you for making Puente a successful program in our district. And then I would also like to acknowledge all the wonderful work that Promotoras has and is continuing to do in our community. Promotoras serves as a link between social services and the community to facilitate access to services and improve the quality and cultural competence of service delivery for the overall wellness of the community. They have been tremendous in their efforts to educate our community about COVID and promoting vaccinations throughout the pandemic. Along with bringing health awareness to the community, they have also brought art and music and dance programs to the district site. They have actively partnered with the city of Newark and NUSD on different initiatives. Their biggest achievement is empowering women to be strong, educated, self-sufficient individuals who are thriving and are giving back to the community. Thank you, promotores, for all that you do in our community. Your work is greatly appreciated. And that's it.
[945] Bowen Zhang: Yeah, so I also want to echo member Marcus' remark. I want to thank the four students from Schilling for showing up to our board and showcase their talent in front of us. That's really a great dance. And for the Latinx Heritage Month, it was until I read the, I saw the resolution, I realized actually two-thirds of our NUSD staff member are Hispanic. So I want to celebrate again the Hispanic Heritage Month and be proud of your heritage and your accomplishment in this country. Moving on to Board of Education Committee reports. Mission Valley ROP, we had a special meeting two weeks ago to make all the meetings for the rest of the year virtual because of the pandemic. And we'll have another regular Mission Valley ROP meeting on Thursday in about two days. SELPA, there is nothing from SELPA. Anything from the Liaison Committee?
[1010] Phuong Nguyen: The liaison committee is meeting this Monday, October 18th at 6 o'clock.
[1018] Bowen Zhang: Any possible agenda items?
[1019] Phuong Nguyen: Yes. Yes, we'll be talking about We'll be introducing the newly appointed NUSD board member, Ms. Alicia Marquez. We also have the Coyote Hills Elementary merger update, COVID-19 vaccination rate for ages 12 to 17 and city NUSD partnership, national walk and bike to school day partnership, crossing guard update, sanctuary village area three NUSD feasibility study, and City of Newark and NUSD marketing strategy, and then the library grand opening and business hours update. Did I miss one?
[1076] Bowen Zhang: Anything for, I guess, there's nothing for EBICS, and anything from the audit committee? Nothing from audit committee? Anything from parcel tax committee? Apparently nothing, okay. Moving on to a Board of Education request. Student board member?
[1101] SPEAKER_27: No request at the moment.
[1103] Bowen Zhang: Member Marquez?
[1106] SPEAKER_21: No request at this time.
[1107] Bowen Zhang: Member Grindel?
[1110] Terrence Grindall: Yes, President Zheng, I have two requests. I'd like to ask that two items in our governance handbook be agendized for discussion. One, I believe that we should consider amending the procedure for appointing a member in the event of a vacancy. so that a more straightforward, transparent, and democratic process can be used. In particular, the role of a committee of the board should be removed, and the entire board should be equally involved in the appointment process. Two, I believe that the process for electing officers should be amended to remove the discussion of a rotation and instead provide for an open, transparent, and democratic ability for the board to elect our officers. A limit on the number of terms may be appropriate, but the board should otherwise be free of the implications of a rotational system. So again, I'm asking that this be agendized for future discussion.
[1163] Bowen Zhang: So I guess this doesn't really require any staff time, so the board can just decide among ourselves whether we want this, right? I mean, this is obviously board-related stuff, not related to any staff resources or time. So I guess we can decide whether the board can decide whether we want to discuss this or not, right?
[1181] Mark Triplett: Yeah, that's correct. Obviously, we would support with preparing anything that was required of the board, but it does not, I believe, require any sort of advanced research.
[1192] SPEAKER_03: Would you concur, Ms.
[1193] Bowen Zhang: Gutierrez? I mean further elaborate what you're looking for. So I guess the appointment process you want to see. President Chong.
[1203] SPEAKER_24: Yeah. Sorry I do apologize just for the sake of not getting into a discussion if I may. Okay. The clarity that would be needed here at this point would be if this is a board requested agenda item which means that Member Grindel would bring this forward to discuss why he wants it on a future agenda with further discussion, or if this will go on an agenda as a discussion item.
[1228] Bowen Zhang: Okay, so whether we'll directly proceed to a full board discussion. Thank you. I mean, given this is a board business and probably not going to affect, not going to consume a lot of staff time, so I can give a second. We just need a third to make this. So I think in a future board meeting, we can talk about this. I think the timing for the appointment process is far better than discussing this right before we appoint somebody.
[1255] Terrence Grindall: Yes. Thank you, President Cheng and Vice President Nguyen.
[1262] Bowen Zhang: Member Nguyen.
[1265] Phuong Nguyen: I do not have any requests at this time.
[1268] Bowen Zhang: Yeah, I mean, a simple request, I guess. Finally, we have a full board and I'm calling for a special meeting at the end of this month for the district goal setting. So we're supposed to be doing this in July and August, but since we don't have a full board, but right now we do have a full board every year. I mean, actually not every year. Starting last year, we finally had this special meeting to set up the district goal for the superintendent. And after that, we have given that, we got a new board member just come in. So roughly in February or March, we'll have a mid-year review. And by the end of the contract year, we'll have a full year review for the superintendent performance. primarily evaluating against the goal we will be setting for the whole district, for the whole school year in our special meeting when we set a goal. So I guess I'm looking for the last week of October. I guess we'll see if Ms. Gutierrez can help us set up the meeting and make sure every board member will need to attend this meeting. And this meeting will probably take three to four hours. It will be a special meeting, goal setting meeting for the district. That's my request.
[1338] SPEAKER_24: It's a point of clarity, President Hsuan. Goal setting for the district or goal setting for the superintendents?
[1343] Bowen Zhang: Goal setting for the superintendent. Moving on to superintendent concluding comments.
[1352] Mark Triplett: Thank you, President Hsuan. Thank you all for the requests and comments. I think we do have a tentative date and we can reach back out to board members individually for that superintendent goal setting meeting of October 27th, starting at 6. So Ms. Gutierrez will reach back out and just confirm availability. And if that time doesn't work, then we are happy to figure out a different time. I wanted to just conclude, number one, appreciating the board and staff for coming tonight on this short notice, but to wrap up this and conclude this board agenda item, which was really important. And then also wanted to appreciate Member Grindell, who joined me this morning for a visit to some classrooms at Newark Memorial. That was really tremendous. And so thank you for being there, Member Grindell. And just extend an open invitation to any of the board members that wish to come and visit schools with me. I do it every week, multiple days. And so yeah, I know many board members have already taken me up on that. So yeah, it'd be great. And then I also wanted to appreciate student board member Resendiz-Ortiz. She hosted a student wellness group today during the lunchtime at the Newark Memorial. And we had a chance to engage with students. Some of the district leadership did. And it was really, really insightful. And I look forward to more such engagements as we work with students to really think through how we best support student wellness and mental health.
[1455] Bowen Zhang: Thank you. I move we adjourn the meeting. May I get a second? Seconded by member. Anybody want to have a second? I'll second. Seconded by member Grindel. Student board member, how do you vote?
[1470] SPEAKER_28: Yes.
[1471] Bowen Zhang: Member Marcus?
[1473] SPEAKER_28: Yes.
[1473] Bowen Zhang: Member Grindel? Yes. Member Nguyen?
[1477] SPEAKER_28: Yes.
[1478] Bowen Zhang: My vote is yes as well. Motion carries unanimously. Member Hill is absent. Meeting is adjourned at 6.26 PM. Have a rest of the evening. Thank you.
[1487] Jodi Croce: Thank you.
1. CALL TO ORDER
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.
Pledge of Allegiance
Type Procedural PURPOSE: The Governance Team will recite the Pledge of Allegiance
Roll Call
Type Procedural TRUSTEES President Bowen Zhang Vice President/Clerk Phuong Nguyen Member Elisa Martinez Member Terrence Grindall Member Aiden Hill
STUDENT BOARD MEMBER Member Estaina Resendiz Ortiz
2. APPROVAL OF AGENDA
Approval of 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 Bowen Zhang, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Bowen Zhang, Phuong Nguyen, Terrence Grindall, Alicia Marquez, Estaina Resendiz-Ortiz
3. CONSENT AGENDA: NON-PERSONNEL ITEMS
Contract with Hop Skip Drive, Inc. for District-Wide Special Education Transportation
Type Action
Absolute Date Oct 12, 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 1. To provide academic excellence via equity and opportunities for all students.
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 The recommendation is that the Board of Education approves the contract with HopSkipDrive, Inc. (with the attachment of the COVID-19 protocols to the contract),
Motion by Terrence Grindall, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Bowen Zhang, Phuong Nguyen, Terrence Grindall, Alicia Marquez, Estaina Resendiz-Ortiz
4. BOARD OF EDUCATION: COMMITTEE REPORTS, REQUESTS, AND ANNOUNCEMENTS
Board of Education Recognitions and Announcements
Type Information PURPOSE: The Trustees may acknowledge or recognize specific programs, activities, or personnel at this time.
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
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.
5. SUPERINTENDENT'S CONCLUDING COMMENTS, UPDATES FOR THE BOARD AND FUTURE AGENDA REQUESTS
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.
6. ADJOURNMENT
Adjournment
Type Action, Procedural
Recommended The recommendation is that the Board of Education adjourns this meeting. Action PURPOSE:
To conclude the meeting.
BACKGROUND:
BP 9323: Regular Board meetings shall be adjourned at 10:00 p.m. unless extended to a specific time determined by a majority of the Board. The meeting should be extended no more than once and subsequently may be adjourned to a later date.
Motion & Voting The recommendation is that the Board of Education adjourns this meeting.
Motion by Bowen Zhang, second by Terrence Grindall.
Final Resolution: Motion Carries
Yea: Bowen Zhang, Phuong Nguyen, Terrence Grindall, Alicia Marquez, Estaina Resendiz-Ortiz