Regular Meeting

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[362] Phuong Nguyen: Welcome back everyone. Good evening and welcome to the August 4th 2022 Newark Unified School District Board of Education meeting. I call the meeting to order at 6.01 p.m. We are holding in-person board meetings at our district boardroom and are following the state's and Alameda County's safety guidelines for public gatherings. Please refrain from attending in-person meetings if you have COVID-related symptoms. If you are not able to attend the meeting in person, you may observe the meeting via the NUSD YouTube channel, live stream transmission on Comcast Channel 26, and there is Spanish translation available via Zoom. In regards to public comment, the public will have the opportunity to address the board regarding non-agendized matters and agendized items with a live audio only comment via Zoom with advance notice requested by email at publiccomment at newyorkunified.org, a written comment by submitting a speaking card via email at publiccomment at newyorkunified.org, Unified.org or live in-person comments by submitting a speaker card with our executive assistant, Ms. Gutierrez. During the break, we took time to evaluate the best practices for agenda setting, meeting procedures, as well as looked at our surrounding districts and made note of common practices and decided to make a few procedural changes that will improve the flow of our meetings and will facilitate the ability for our families, residents, students, and staff to participate in our meetings. The first change is the consent items will be heard before the new business of the board with pulled items discussed prior to the close of the meetings. And we will hear from the public on agendized and non-agendized items towards the beginning of the meeting. We hope this will allow for more participation from the community during our meetings. We will begin the new agenda structure at our next scheduled meeting, August 18th. And then also for my fellow board members, we will now be using board docs to record our votes. Board members, if you need your login information, please reach out to Ms. Gutierrez after the meeting. For this meeting, we will do our roll call voting. But our next meeting, we will be using BoardDocs. And the only live vocal vote will be coming from our student board member. Thank you. And with that said, roll call, please, Ms. Gutierrez.

[528] SPEAKER_33: Thank you. Board member Zhang.

[531] SPEAKER_21: Here.

[532] SPEAKER_33: Board member Marquez. Present. Board member Hill.

[536] Michael Milliken: Here.

[536] SPEAKER_33: Vice President Grindel. Here. President Nguyen. Here. All present.

[540] Phuong Nguyen: Thank you.

[544] Aiden Hill: So Madam President, I have a comment about this, the most recent statement that you made. So changing the format of the meeting, I believe, is the prerogative of the board as a whole. And so I think that we ought to be discussing that prior to making changes.

[565] Phuong Nguyen: Thank you. Your comment is noted, but it is the prerogative of the board president. Thank you.

[569] Aiden Hill: It's not. So according to Ed Code, all decisions are made by the board at large, not by individual members, including the president. You have no greater power than anybody else.

[581] Phuong Nguyen: Thank you. Comment noted. On to our next item, approval of the agenda. May I get a motion to approve the agenda as is?

[589] SPEAKER_21: I move approval. Seconded.

[592] Phuong Nguyen: Motion made by Member Grindel, seconded by Member Zhang. How do you vote, Member Zhang? Yes. Member Marquez?

[598] Carina Plancarte: Yes.

[599] Phuong Nguyen: Member Hill? Yes. Member Grindel?

[602] Terrence Grindall: Yes.

[603] Phuong Nguyen: I'm also yes. Five ayes on the approval of the agenda. On to our next item, closed session. Are there any public comments on closed session at this time? Thank you. In closed session, we will be discussing item 3.2, public employee discipline dismissal release. 3.3, conference with labor negotiators. 3.4, conference with, oh sorry, 3.3, conference with labor negotiators, NTA and CSCA. 3.4, conference negotiators with NEWMA, contracted management and unrepresented employee superintendent. 3.5, public employment. 3.6, conference with legal counsel anticipated litigation. And we will now be recessing to closed session. Thank you.

[2886] SPEAKER_22: you

[4123] Phuong Nguyen: Welcome, and we're back from closed session. There is nothing to report out from closed session. So on to item 5.1, Pledge of Allegiance. Please rise.

[4139] Terrence Grindall: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands,

[4148] SPEAKER_22: One nation, under God, indivisible, with liberty and justice for all.

[4153] Phuong Nguyen: Thank you. Onto item 6.1, staff spotlight. Dr. Triplett.

[4163] SPEAKER_19: Recording in progress.

[4167] Mark Triplett: Thank you very much, President Nguyen. Recording stopped. Sure, wait. Okay. And Ms. Gutierrez, if you could put the presentation on the screen. So, good evening, board. Welcome back. I hope everyone had a great summer. Good evening to staff and also to the public. So, we are really excited to be jumping into the 22-23 school year. And to start it off, we wanted to do some summer spotlight appreciations. two groups that have been working incredibly hard throughout the whole summer. One is our custodial heroes, folks that have been working all summer long, cleaning the schools, deep cleaning, repairing, painting. You might have even noticed some painting that's been done as you entered this building. And so we are just super grateful. I know that the team is exhausted because they've been working so hard and getting down to the home stretch, but want to make sure that we all appreciated their work. So please join me in appreciating our custodians. And then secondly, another amazing group is our Child Nutrition Angels, I'm calling them. And they have been feeding children both in the recreation department programs as well as in our summer school and most recently in our sixth grade LEAP program that just finished up today. So they've been working all summer long in addition to preparing for the year, making sure that our young people continue to have access to delicious food throughout the summer. So please join me in appreciating them. And those are our two spotlights for this evening.

[4284] Phuong Nguyen: Thank you, Dr. Triplett. On to item 7.1, employee organizations. Ms. Gutierrez, do we have any representation tonight? Thank you so much. On to 8.1, public comment on non-agenda items. We have Ms. Parks. Welcome, Ms. Parks.

[4314] Cindy Parks: Good evening and welcome back. Today, August 4th, I finally received a determination letter to my June 10th public records request. I assume I finally received a response from the district due to my appeal to you, the board. 55 days to receive a determination letter is far beyond the maximum 24 day time limit spelled out in government code 6253. And that's the furthest out time allotted for a determination letter. The determination letter I received today asked me to allow an additional 30 days for the district to provide records. I'm simply asking for all correspondence and data from Godbee Research pertaining to the outcome of the potential 2022 bond survey. In the spirit of trust and transparency, why am I being asked to wait an additional 30 days? I have already waited 55 days for the determination letter. It is simply a data dump of publicly funded records. Please instruct the administration to provide those records immediately. Thank you.

[4391] Phuong Nguyen: Thank you, Ms. Parks. On to item 9.1. Sunshine District proposal to Newark Teachers Association. This is a public hearing. Public hearing is now open. Are there any comments? Thank you, Ms. Gutierrez. Public hearing is now closed. On to item 10.1, superintendent report, Dr. Triplett.

[4423] Mark Triplett: All right, thank you, President Nguyen. So this evening's superintendent report have a number of things I wanted to share out about some of the preparations, the work that's been going on, some of the interactions with students this summer. So we will start with just a reminder and an enthusiastic announcement that the first day of school is next week, August 10th, Wednesday. And wanted to share a little bit about some of the different professional development and training that has been going on in these last couple weeks as we prepare. We've had some really fantastic trainings, workshops, and professional development. First off, all of our principals and some of our district leaders and all of the office managers went to something called Breakthrough Coaching, which is a really fantastic training I myself have attended multiple times in the past. It really is a way of supporting principals and district leaders to be in collaboration and in alignment with the office managers and so that both the office manager and the and the principal are mutually supporting each other in order to really make sure that there's a focus on instructional leadership and that principals are able to really get into classrooms. So that was, we got a lot of really positive feedback on that. We also had our back to school office manager meeting on July 28th. A great opportunity to connect all of our office managers together. Had a chance to meet our new interim pupil services coordinator and that was a really fantastic one. And then just this week we had our NEWMA welcome back recharge on August 3rd. Principal welcomed professional development today. Tomorrow we'll have our new teacher orientation, and then on Monday is our full staff welcome back professional development with all of our teachers and also classified staff. So all of these represent a tremendous amount of planning and work that's gone on on the part of our, in particular, our Ed Services team have been doing an amazing job to put together all these trainings and really provide fantastic professional development for our staff. Next slide, please. wanted to give an update on our enrollment numbers as compared to projections. So as you can see here, this is the elementary, the junior high, middle school, Bridgepoint, and Crossroads numbers. I shared this in June as well in our last meeting. So as of the 26th of July, I believe that was last week, Our elementary school numbers, the good news is our projections are, we're at 2,243. Our enrollment's 2,273. So we're above our projections in elementary. Likewise for junior high, you can see the projections, 1,064, and we are already above that in terms of our enrollment, 1,099 students are enrolled. Memorial. 1,536 students were projected, and we have 1,571 enrolled. Bridgepoint, normally we do tend to have lower enrollment here at Bridgepoint at the beginning of the year, and then that really picks up throughout the year. So our projection is 61. We currently have 53, and we anticipate that that would most likely climb. And then the one that's, I think, Not surprising, but interesting, is Crossroads Independent Study Program, which we based our projections on previous enrollment last year, and so we based it on 161 students. And as we have progressed through the pandemic and have been able to put a lot of really good systems in place, you can see that currently 56 families want to continue with the independent study program, but the majority have indicated they want to return to in-person learning. So overall, current numbers, 5,065 were projected, and what we currently have is 5,052. Slightly below, we also have, I believe it's about 100 families that are what we call in the queue, meaning they've applied, but they have not finished their paperwork. But we do anticipate that all of these numbers will continue to fluctuate. It's very typical that some students will end up not attending, and then we'll have other students who are added. So we'll continue to share out these numbers as we progress through the fall. Next up, I wanted to give a little update on our COVID guidance. So I've had a chance to meet with the Alameda County Health Department as well as the County Office of Education. and get updates and so that we are prepared for the upcoming school year. First off, I want to say you can see here that Alameda County has done an amazing job of updating their school guidance. We have it on our website. Easy link. And you can find tons of information about all of the COVID guidance and in that in that document. Next slide, please. One thing, COVID rapid test kit distribution. So we did receive rapid tests for every student and staff member, and we have begun distributing those. The goal is that students and staff can pick up a test kit prior to the first day of school as an added safety measure for testing prior to returning. And so this is an optional service, but something that the county has supported us with. Next slide. In terms of masking, and you'll find this about a number of these things I'll discuss, that much of this is continuing to do what we finished off the school year with. So masking is continuing to be recommended by the county, but not required at all school and district facilities. So that will continue to be our policy. In terms of testing, testing will continue at our school sites. This is COVID testing. It will continue to be available weekly at each school site, optional for students and vaccinated staff. There is a caveat there that per state law, unvaccinated or undeclared staff will be required to test weekly as they did in the previous year. Testing is no cost to students or staff, and something that I know is a little bit tedious, but it is required that everybody re-register for the testing. And that's just the state, the way that the state is administering these tests. So we will have to have everyone re-register, both staff and students, who are interested in receiving tests. Next slide. A little bit about the first day of school. So there's been some questions about if families are going to be able to re-enter campus. Last year, as you recall, because of COVID, we did not have families on campus unless there was a specific appointment with specific staff members. So due to our current surge, we are continuing with that policy of families not able to enter campus And I know that's a little bit heartbreaking, particularly for our TK and kinder families who are just bringing their young people to school for the first time. But we'll continue to have that policy to make sure that we are respecting the safety of our staff and our students. And so we'll revisit that in September. But that's currently the recommendation from the county office of public health. And then we, in partnership with the county, there is free COVID vaccinations continuing. They have moved to the plaza next to the Mexican Tortilla Factory every week, Fridays, three to seven. So that'll be happening tomorrow. And the county's still encouraging everyone to get vaccinated. And so that's ongoing. Next slide. And then this is part of our website and coming from Alameda County, the flowchart of what to do if a child has symptoms of COVID and just the way the testing and then being able to return to school. So I won't go over this, but just wanted to share that this is on our website as well as the county websites. And this is the process that we follow when there's a positive case. Shifting gears a little bit, we wanted to share some of the exciting things that have been happening this summer. One is our Memorial High School Cougar Band Camp that is going on right now as we speak. We have a new music teacher at the high school and we are super excited, Mr. Castaneda. has been doing an amazing job. You see here some of the activities the students have been doing this past week. I believe the camp is gone all this week and I think it goes all the way, it might end on Saturday. So it seems like they've been doing some really fun things and getting ready for the year. And we're delighted that Mr. Castaneda has come on board. Next slide. Another exciting thing that's been happening is our Cougar Summer Leap Program at the junior high. So this is part of our sixth grade transition. If you recall, we did build in a time for our sixth graders, rising sixth graders, to come to campus early and get oriented and meet their teachers. So we've had over 100 students participating. Today was the last of the three-day leap program. You can see here students out on the field doing an activity. And we've had the support from a number of different folks who I'll mention in a second. Next slide, please. So, one of those groups is our eighth grade.

[5073] Richelle Piechowski: That was the translation. Should I go ahead?

[5089] Mark Triplett: All right. So, one of the groups that have been supporting the LEAP program in these last three days is our 8th grade mentors. Okay. It's through a program called Where Everybody Belongs. And the 8th grade, some of our 8th grade leaders have been mentoring the incoming 6th graders these last three days and sharing with them different things. And it sounds like it's gone really well. Next slide. And so, in addition to our student web leaders, I wanted to just give a shout out to our sixth grade teachers who all came back early to participate in this program, our counselors who have really led this program and really driven it, child nutrition staff who has been serving them lunch and breakfast, the office staff there at the junior high, as well as the administration. And they have been doing an amazing job with this very first Cougar Summer Leap program. So I want to thank all of them. Next slide. Next, I wanted to shift gears again and just give the board a little bit of a heads up of something that we're going to be doing this year. So we have inherited a backlog of policy updates and for board policies. And so this year, throughout the year, board members, you're going to see recommended policy updates being brought to the board. Tonight, I believe we have three or four. There's a very large amount of policies that need to be updated. And this is done by, CSBA recommends particular policy updates based on changes in state laws, legislation. And then what typically happens is that a district reviews those recommendations and then brings things forth to the board to decide if the board wants to adopt the recommended changes to policies. So, for the most part, these aren't new policies. They're just updates to policies that already exist. But recently, CSBA introduced a revised version of Gamut, the online platform that holds all of these policies, and that has also led to a need to really revamp and bring forth to the board a large amount of policies for revision. So you'll see some this evening and then moving forward at every board meeting we're going to have policies that we're bringing forth based on the recommendations from CSBA to be updated and approved. And that is the report for this evening.

[5255] Phuong Nguyen: Thank you, Dr. Triplett. Any comments or questions from board members? Members on? None? Member Marquez? Member Hill?

[5270] Aiden Hill: Yeah, thank you. So thank you, Dr. Triplett, for the report. Just one question on the enrollment numbers. So overall enrollment projection was 5,065. Enrolled was 5052. What was our ending enrollment at the end of the last academic year overall?

[5288] Mark Triplett: I don't have that handy, but I'm happy to get it to you. Yeah, I don't have it off the top of my head, but I'm happy to look at it.

[5295] Aiden Hill: Does anybody in the cabinet know that number? Can you clarify your question? Yeah, I want to know what the ending enrollment was at the end of the last academic year overall for the district.

[5308] Bowen Zhang: That was the same thing that you printed here, right?

[5314] Mark Triplett: I'm happy to look that up, but I don't think any of us have it memorized in the back of our head.

[5319] Aiden Hill: Okay, thank you.

[5322] Phuong Nguyen: Member Grandel?

[5325] Terrence Grindall: Yes, you indicated that there were 100 children in the queue, so to speak. And so in general, you'd expect most of them to complete their paperwork. So we're actually slightly ahead of your, if that happens, we'll be slightly ahead of projections, is that correct?

[5343] Mark Triplett: That's correct, yes. There are some that do not end up completing all their paperwork. For whatever reason, they've put their paperwork in a number of places, or they end up moving, or what have you. But yeah, our goal is to be constantly engaging with these families, supporting them to get paperwork in. And our hope is that they end up finalizing their enrollment.

[5369] Terrence Grindall: That's great. One further question. The vaccination clinic at the Plaza on Fridays, are you aware of whether they have all the boosters and different types of vaccines? Do they have the whole gamut or is it more limited?

[5390] Mark Triplett: Yeah, thank you. Ms. Gutierrez has been doing an amazing job partnering with the county, so I'm going to have her answer that question.

[5396] SPEAKER_33: is they do have all three vaccines and they do have, they are providing the boosters as well. And they're providing them for boosters for the youth as well. Thank you.

[5407] Phuong Nguyen: Thank you, Dr. Triplett. And also, I just want to really thank you, say a big thank you to Coach Villa and Coach Weiss for making sure that all of our students at the junior high are able to purchase their PE clothes. And also to our PTSA families, or representatives that were there at orientation for all the eighth graders, seventh graders, and sixth graders at the junior high. And again, to the administration staff there at the junior high for organizing the the wonderful orientation for the sixth graders this last week. And I was able to stop by on one of those days. So it was wonderful to see. Thank you. Oh, and also all the student volunteers that were helping out too as well. Okay, thank you. And on to item 11.1, the 45 day budget revision, Dr. Triplett. Oh, are there any public comments? No.

[5474] Mark Triplett: Okay, thank you. So, as you will recall, the board approved the budget in June with the understanding that it was prior to the final approval of the state budget by the California legislature. And so, as is customary every year, Once the state budget is approved, then districts need to go back and do what is called a 45-day budget revision. And so we're here tonight to talk to you a little bit about that. And Ms.dela Cruz is going to be presenting.

[5511] Marie dela Cruz: Thank you, Dr. Triplett. So as Dr. Triplett mentioned, the board adopted our district budget on June 16. And at that time, the governor had not signed the state budget yet. So on June 27th, the governor did sign the 22-23 State Budget Act. And by law, any revisions to our district budget as a result of that budget act, we have to make available for public review within 45 days of that enactment. And so the 45-day timeline ends August 11th. So I'm going to be reviewing A couple of the major buckets of funding that has become available to all school districts. The first one is one-time funding known as the Arts, Music, and Instructional Materials Discretionary Block Grant. So there's $3.6 billion in the state budget for this grant. It's one-time funding, and we can spend it through June 30, 2026. It is discretionary where there's no restrictions. However, there are some recommended uses for this funding. For example, it could be used to offset any increased operational costs such as our cost of our contribution for employee retirement programs like STRS and PERS, any increase in healthcare costs. Any COVID-19 mitigation items, we aren't receiving any additional CARES Act money. So if we, for example, we've been able to use CARES Act for PPE and some other mitigations for COVID-19, and this funding could be used for that. Arts and music education programs, instructional materials in general, and standards aligned professional development. So the expenditure plan for this grant must be discussed and approved by the board at a regular meeting. So we'll be beginning to develop that and bring forward to the board an expenditure plan. And it's allocated based on our 21-22 ADA, estimated at about $666 per ADA. So for our district, the estimate is about 3.1 million. And that's based on our ADA last year was 4,720. So the other program that is also one-time funding is the Learning Recovery Emergency Block Grant. So there's $8 billion in the state budget for this grant. And it is not discretionary. It is restricted. And there are certain uses for this funding. It can be used to increase or stabilize instructional learning time, decrease or stabilize our staff to pupil ratios to support barriers to learning, any instruction for credit deficient students to graduate or improve college eligibility, learning supports to close learning gaps, and additional academic services such as diagnostics, progress monitoring, and benchmark assessments for people learning. And this funding is based on, again, 21-22 ADA, which is last year's ADA. And then they multiply that by our unduplicated pupil percentage. And the allocation is estimated at $2,150 per UPP ADA. The expenditures will be required to be reported to CDE. And for our district, based on the formula, is estimated at $5.5 million. And these are estimates based on what we're receiving from either school services, a common message from the county. We have yet to receive the final allocation from CDE. The next one is the Expanded Learning Opportunities Program, the ELOP program. This is ongoing funding. We received money last year for ELOP. and we'll continue to receive it every year. So there's $4 billion in the state budget for this program. It's ongoing. But each year, the per pupil amount may change. And it's for after school and summer school enrichment programs. The allocation is based on the TK through six prior year ADA, which then they multiply by our unduplicated pupil percentage. And just as a reminder, remember our UPP is based on our English learners are free reduced meal eligible students and foster youth. So this is based on an allocation of $2,053 per ADA. And we've already received an allocation for our district from CDE. And it's at about $2.6, $2.7 million. And that's for 22-23 only. So with the local control funding formula, which is our general fund, it includes 6.56% COLA. They added $2,813 per transitional kindergarten ADA. And this will increase annually by the cost of living adjustment beginning in 23-24. And this funding is used to offset the cost for the requirement of having a 12 to 1 student to staff ratio, and also maintaining our class sizes to no more than 24 students. The state also added an increase to the base funding of almost 6.3%. This is in addition to the COLA. And starting in 22-23, which is this year, they also changed the calculator. So the funding calculation is based on the greater of the current year ADA, our prior year ADA, or the average of the most recent three prior years ADA. This is an ongoing change. And it's to help a lot of the districts that are experiencing declining enrollment and declining their ADA. There's also an adjustment that the state is allowing as a one-time adjustment for last year's ADA. And this is to help mitigate the loss in ADA last year due to COVID-19. And this adjustment factor is based on the comparison between last year's ADA attendance rate versus the 19-20 attendance rate, whichever is higher. What they added and was not presented at May revise were some conditions. In order for us to take advantage of this adjustment, we would have had to meet conditions related to independent study. And so those three conditions are that we offered independent study by October 1st of 2021. that we've updated and adopted and implemented independent study policies for the 21-22 school year, and that independent study was offered to students who were subject to COVID-19 quarantine during the 21-22 school year. So based on our understanding of these conditions, we feel that we have met all three conditions. And so in adjusting our budget, we've calculated the adjustment to our ADA for 21-22. So what that looks like, try to keep this simple and hopefully everyone can follow along. If you look at our last three years ADA, including this year's, Our actual ADA for 19-20 and 20-21 were the same because 20-21 was known as a hold harmless year, which means that the state had given us a provision to use our ADA for 19-20 because of COVID-19. And then our actual ADA last year was 4,720. Our projected ADA, I'm on column B right now, for 22-23 is 4,818. And that projection is based on the projected enrollment that we just talked about, which is 5,016. And you multiply that times our projected attendance rate of 95%, which is how we're coming out with the 4,818. So based on the new formula, If we were to take the average ADA of the three prior years, without using the COVID relief adjustment of our ADA for 21-22, our ADA for this year, for funding purposes, would be 5,229. So if we're looking at our ADA with the COVID adjustment that allows us to adjust our ADA last year based on the 19-20 attendance rate because it was higher. Our ADA, if you look at column three, I mean column D, row three, would be 5,030. So our average ADA of the last three years, with the COVID relief would be higher at 5,332 compared to without the COVID relief, which is 5,229. So the way that average works for that last row in column E is if you take 1920, which is 5,483, the 2021, which is 5,483, And then the 21-22 adjusted ADA, which is 5,030, and you take that average. That's how you come up with the 5,332. Is everybody following along so far? Okay. So this kind of summarizes the changes when you look at the 21-22, as I just explained. In our adopted budget, the projection was based on the 4,720 ADA. But because of the adjustments in the new state enacted budget, our revised ADA is now 5,030, which is a difference of 310 ADA. And then for funding purposes, our funding is based on either the prior year, the current year, or the average of the three years, whichever is higher. So for 22-23, we had projected 4,818, but with the new changes in the LCFF formula including the adjustment for 21-22 ADA, our revised funding ADA is 5,332 which is a difference of 514 ADA. And the way that that calculates in the LCFF funds, our adopted budget was about 53.1 in LCFF, but with all of these changes in the ADA, plus the COLA and the TK add-on and the increase in the base, our LCFF funds is now at $62.2 million, which is a difference of $9 million, an increase of $9 million. So in the budget revisions, we are increasing our revenues to LCFF of $9 million. We're increasing the arts and music instructional discretionary block grant, which was not included in the adopted budget. That's the one-time funding of $3.1 million. And then the ELOP program also was not in our adopted budget because we weren't sure about how it was going to be allocated. And that's $2.6, almost $2.7 million. And then the learning recovery emergency block grant is about $5.5 million. So a total of $20,378,000 in additional revenues. And the expenditures will be the same. So there's no change to our fund balance. So what happens after this is that we will start engaging in developing an expenditure plan for the Arts, Music, and Instructional Materials Block Grant. We'll be discussing it, presenting it to the board either in September or October. The unaudited actuals for 21-22 are in progress now and we'll be presenting that to the board in September 15. We have the first interim budget report also that will be coming up in December to reflect all of these changes. And with that, thank you. stop here and entertain any questions or comments from the board.

[6399] Phuong Nguyen: Thank you, Ms. Delacruz. Any comments from Member Zhang?

[6404] Bowen Zhang: Questions? So for LCFF, the funding formula, my question is, is that, so the greater or current year, prior year, or the average of three most recent prior years, is that going to be a permanent change in how we calculate LCFF, or this is sort of a temporary change?

[6425] Marie dela Cruz: That will be an ongoing change.

[6426] Bowen Zhang: So this is a permanent way to compute this one. Because before COVID, the way to compute ADA is the greater of the past two years. You have one year of safe harbor, literally, right? That's the rule for computing LCFF.

[6442] Marie dela Cruz: Before COVID, it was either your current year ADA or the prior year.

[6448] Bowen Zhang: That's it. Yeah, because you have a one-year safe harbor in that sense, right?

[6452] Marie dela Cruz: Well, no, the one-year safe hold harmless was some was like a two-year allowance by the state.

[6462] Bowen Zhang: Yeah, like what I'm saying is before COVID, what happened, let's say last year I have 6,000 ADA. This year I have 3,000 ADA. But I can't have a safe harbor to use last year 6,000. Oh, yes. That's the sort of one-year automatic safe harbor. That was before COVID. Yeah. Right now it looks like there's much more, I guess, much more smooth. There's no dramatic drop anymore. They're using the smoothing way to compute the current year. So the most recent three priority years, that's the three year before the current year, right? Yes. Okay, okay. And that's a permanent change?

[6497] Marie dela Cruz: Yes, that's a permanent change, yes. Because remember, after the hold harmless, a lot of school districts had a steep decline in ADA. So it's kind of a soft landing. on how to mitigate the significant decline in ADA due to COVID between 19-20 and 21-22, and to now.

[6522] Bowen Zhang: So, two smaller questions on page eight, the multi-year projection, I mean, what a multi-year number presentation. So, first, 2019 to 2020, the actual ADA is 5483, that number. If I remember, just want to confirm, maybe it's not relevant to the computation. That 5,483, that was actually not the real ADA from that year. That was the ADA we used from last year, right? From 2018 to 2019, right? The 2019 to 2020, the actual ADA, 5483, that is actually the number from year 2018 to 2019, right? Because 2019 and 2020, we have lower numbers than we used the prior years. So then that raises the question, when we're computing the three prior year, the average ADA, are we averaging the three used ADA or are we averaging the three real ADAs? Because if you're using the three years of real ADAs, 2019 and 2020, it's not 54, 83 anymore. It will be a number, it's the real ADA value, which I believe is 53 something or 52 something.

[6592] Marie dela Cruz: Yeah, it's the three prior years funded ADA.

[6601] Bowen Zhang: And last question is, looking at 2021-2022 and this new year, current new year, so the actual ADA, we're increasing by almost 100. Are we saying we're actually seeing real increase in enrollment compared to last year?

[6620] Marie dela Cruz: For 22-23?

[6622] Bowen Zhang: for this new year, yeah. Are we projecting actually a real increase in enrollment compared to last year?

[6628] Marie dela Cruz: Well, the 5,065.

[6630] Bowen Zhang: Well, I'm talking about the 48, 18, right? Because that 48 is the real student enrollment. So that's almost 100 more than last year's actual ADA. What I'm asking is, are we seeing a real increase in enrollment compared to last year?

[6645] Marie dela Cruz: No, it's really an increase to the attendance rate. So remember the 4,720? was a result of an attendance rate of about 91%. So, when we did our projections, we thought, okay, we're going to increase, make every effort to increase our ADA and use the 95% attendance yield. So, it's not about the increased enrollment, but increased attendance.

[6674] Mark Triplett: Thank you. If I may add, I think it does highlight the, your question highlights the importance of not just enrollment, but of actual attendance. And we've had a little bit of a pause in that because of COVID. But we recognize that positive attendance is so critical. And that's going to be a real focus this year.

[6698] Phuong Nguyen: Thank you, Dr. Shiplett. Member Marquez.

[6701] SPEAKER_26: Yes, thank you. Good evening, everyone. As we start off the new school year, and I just want to ask for a reminder, if Ms. Dela Cruz, if you could please share for the possibly the new families and members that we have that are participating this evening in our board meeting, not only online, but in person. If you could please define for those that are attending this evening, the two acronyms, ADA, UPP, and if you could provide a brief a brief definition or description of what Hold Harmless means for those of us that are joining this evening.

[6739] Marie dela Cruz: Thank you, Ms. Marquez. Yeah, so first of all, ADA is average daily attendance. So it's based on the average number of days that students actually attend in a year. If a student had perfect attendance, that would equal 188. And if they attended 98% of the time, then it would be a portion of that 188. It's not enrollment. And then UPP is the unduplicated pupil percentage. So that represents our English learners, the low income, free and reduced meal eligible students, and foster youth. What was the other one? Oh, hold harmless, hold harmless. What that meant was that the state was allowing us to use that ADA number from the previous year. So it protected us from reducing our funding. So we were held harmless that year.

[6821] SPEAKER_26: And thank you for that. Oftentimes, we become so accustomed in hearing the terminology that as we welcome new families into our school, just in those that are the members that are the public community and members that are joining us in our meeting this evening, that it's nice to get that refresher. So I appreciate that. And the one other item that I wanted to bring up is also that we do not become confused with ADA versus actual enrollment. Yes. So we could have a higher number for actual enrollment, but ADA is telling us on an average daily basis the actual students that are in school on that day given or on a daily basis.

[6858] Marie dela Cruz: Yes. Thank you for that clarification.

[6860] Nancy Thomas: Thank you.

[6861] Marie dela Cruz: Thank you for reminding us.

[6864] Phuong Nguyen: Thank you, Member Marquez. Any additional comments? Member Hill.

[6872] Aiden Hill: And thank you, Mr. La Cruz. Yet so as we've talked about in many of our meetings, we have had an ongoing longstanding structural deficit. And and we've done we've done a lot of work to try to correct that. But we still we still have a long stand. We still have a structural deficit. And obviously, this funding is a welcome reprieve. It's going to, again, help delay future problems. But at the same time, I think we have to be very careful because many of these different I don't know what we call them, but line items or options or opportunities have different restrictions. They have different time frames, et cetera. And so what's our strategy as a district going to be to make sure that we don't enter into long-term obligations with short-term uncertain funding? That's my question. Thank you.

[6942] Marie dela Cruz: Yes. So we are fully aware of the one-time funding, and it is in the district's best interest to not use that for any ongoing expenditures. So anything that we provide from these grants will need to be temporary and one-time only. So that is the basis of any decisions that we make on how we're going to be spending these dollars.

[6972] Phuong Nguyen: Any additional questions, Member Hill? Thank you. Member Grindel?

[6978] Terrence Grindall: First of all, thank you for the detailed report. It's very much appreciated. It's very complicated, a lot of acronyms, and I think you did a great job of providing information to the board and to the public. The other thing is I have to to publicly thank the governor and the legislature for really investing in education in a historic way. So we had a historic pandemic, but they really stepped up and they provided us, to use the words of Member Hilt, a reprieve that allows us to gather ourselves financially and focus on bringing enrollment up, bringing quality of education up. And so, I really want to thank them. I want to thank our Assemblymember Lee, who was supportive of all these actions as well. So, just I really feel necessary to publicly thank the school district, sorry, the state, and recognize that this really is a historic investment in education for our state. tagging on to member hills indication of interest in the one-time funds not being used for ongoing expenses. I I I strongly agree with that and particularly want to see staff look at finding ways to use that one-time funds to reduce our ongoing expenses. So then we then we really have built we really use that investment to reduce our on our future expenditures. I know you're probably thinking about that, but I really wanted to stress that that's a great use of those one-time funds as finding a way to reduce our costs going forward. So, with that, thank you for the time. Thank you.

[7083] Phuong Nguyen: Thank you so much, Ms.dela Cruz. I think my fellow board members did a wonderful job conveying all the questions, but I think Member Zhang has one more.

[7094] Bowen Zhang: I just realized on the internet because I asked about the computational three-year average, the prior three-year average, and we're saying the computational three-year average is the funded ADA used in the three years, the funded ADA, not the real ADA, right? Yes. So if this is going to be a permanent change, think about this, then after three years, wouldn't every single year will be the same, right? Because you look back at the past three years, they are all the result of the average of the prior three years, right? Then that doesn't look like correct to me.

[7124] Marie dela Cruz: No, well, because your current year ADA is always going to be projected. And if you're declining in enrollment, your current year ADA would be lower. It's not going to be the same as last year's.

[7138] Bowen Zhang: But when we're computing the funded ADA for the current year, you're looking at the average of the funded ADA for the past three years. Say next year when you're, let's say we continue to have declining enrollment, next year we're computing prior three years. one of the three will be this year, and this year is the result of the average of the previous three years. You may very well end up having three years, like long enough you're going to have three prior years all having the same number that are all the average of the prior three years. Would that cause a problem? Do you get what I'm saying? Because that is something like not something that can be sustained in the long run. Because you're literally just looking at the funded ADL of prior three years. I mean, from three years from now, let's say in 2025 when we're looking at a three-year average, it will be the three-year average of these three years. And which are the result of the prior three-year average, right? And you're going to get the same number every year. If you have declining enrollment every single year.

[7203] Marie dela Cruz: that maybe there's some confusion. Okay, so the three prior years is based on actual ADA, but what determines the funding is you have to compare your prior year actual ADA to your current year ADA versus your average of the three years.

[7220] Bowen Zhang: So it is the average of three real ADA, right?

[7222] Marie dela Cruz: Actual ADA, yes.

[7223] Bowen Zhang: Okay, not the funded ADA.

[7225] Marie dela Cruz: Yes. Okay, okay. Sorry if I confused that, but yes. Thank you.

[7230] Phuong Nguyen: Member Grandel?

[7232] Terrence Grindall: Yeah, I appreciate that discussion. Sort of a rolling average is what I see, or soft landing as people were calling it in certain places. I just wanted to point out that we're working hard to raise enrollment, and we're going to be hearing soon about a marketing campaign to let the community know what a great school district we are and bring more students in. So this will be a moot point as our enrollment starts growing.

[7259] Phuong Nguyen: Yes, hopefully.

[7259] Terrence Grindall: Thank you.

[7261] Phuong Nguyen: Thank you, Member Grindel. With that, I just wanted to thank Ms. Dela Cruz for a wonderful presentation and I'm happy to see that the governor have passed a budget that is very positive for us, so thank you.

[7278] Marie dela Cruz: Yes, thank you. We're excited.

[7282] Bowen Zhang: Okay, on to item... We need to vote to approve the report, right? Do we need to vote on that? So I move that we accept and approve the report on the revised budget.

[7298] Terrence Grindall: I'll second.

[7299] Phuong Nguyen: Motion made by member Zhang, seconded by member Grindel. Member Zhang, how do you vote? Yes. Member Marquez? Yes. Member Hill? Yes. Member Grindel?

[7312] Terrence Grindall: Yes.

[7312] Phuong Nguyen: I'm also yes. Five ayes. Thank you. On to item 11.2, are there any public comments online? Thank you, Ms. Gutierrez. 11.2 is approval of addendum to superintendent's employment agreement. Item 11.2 is approval of an addendum to the superintendent's employment agreement. The addendum reflects a 2% increase in the superintendent's annual salary, making the annual salary $224,400, effective July 1, 2022, and also reflects a one-year extension of the agreement term through June 30, 2024. With that, I'll open up discussion. Member Zhang, do you have any comments?

[7365] Bowen Zhang: I think we should move straight to a vote.

[7367] Phuong Nguyen: Oh yes, that's correct. I have comments. We already had discussion in closed session, so this is... Can I have a member make a motion for... I'm requesting to make a comment on this.

[7385] Julienne Sumodobila: Go ahead.

[7386] Aiden Hill: Okay. So, here we have an agenda item in front of us. I'm calling to increase the superintendent's salary by 2% and to extend his contract by one year. Given Dr. Triplett's involvement in malfeasance and corruption over the course of his tenure, however, I don't think we should be talking about increasing his salary or extending his contract. Instead, we should be moving to terminate him for cause. Let me remind the board of three significant examples. First, as we all may remember in our prior board appointment process, Dr. Triplett and some of his staff engaged in malfeasance by manipulating the board appointment process and actually engaging in fraud. by publishing false notices indicating that the board had met to make a decision to extend the window for how we were going to conduct our appointment process. And we, the board, had never met and had never made that decision. And as you may recall, I protested during that time. And that subsequently led to a public records request from what appears to be a fictitious person trying to get access to the contents of my laptop. And interestingly, the dates that they were trying to get information on all coincided with the dates where I was making complaints about how this process was handled. The district and Again, this person who supposedly has provided this Public Records Act request does not live in Newark. Again, it appears to be a fictitious person. I've requested the district to provide contact information for this person, and they have refused, and I've created my own CPRA. Point of order.

[7512] Phuong Nguyen: This is not a discussion in regards to the superintendent's addendum to his employment agreement. You're making allegations. There's no point of order.

[7522] Aiden Hill: So ma'am, there's no point of order. I'm making a statement. And there's no point of order in our governance handbook. OK, so that's Robert's Rules of Order, which we've voted to overturn. So I'm entitled to my statement. And you, as the president, are required to actually protect my speech, not to shut it down. So that's example one. Example two is we have had a situation where we have had a whistleblower come forward alleging academic fraud going on in our high school and that person has brought forward credible evidence and credible allegations and yet not only has our district not investigated any of these allegations but they've actually engaged in whistleblower retaliation against him which is illegal and ultimately as of recently from my understanding have now driven him from the district and he's recently quit and not only is that a travesty but my understanding is is that that is now having a larger impact on our overall staffing levels which we're about to talk about in the next agenda item. We're seeing a climate of fear being created and a lot of people actually leaving because of the actions of the administration. And then finally, as you all know, prior to the end of our last academic year, I provided evidence indicating that Dr. Triplett has been engaging in corruption and conflict of interest by hiring his personal friends and which is not only a violation of conflict of interest common law, but also actually it violates the terms of independent contracting. And not only is this important just because it's a misuse of funds, but much more, it is a violation of the public's trust. And the challenge is, is that there are lots of vendors in our area that would be liking to, I'm sure, be bidding on these contracts, and yet it appears that, you know, you have to be a friend of Dr. Triplett in order to get some of these contracts, and that is completely improper. And so for those three significant examples, I would just like to remind the board that the public, Government agencies and voters are watching us And I hope we take the proper action and vote no on this request.

[7674] Terrence Grindall: Thank you Did you have a comment I didn't but now I do I Actually, I did have a comment. Let me leave with that. The superintendent, in my opinion, has done an extraordinary job and is working very hard to get us there, to get us to where we need to be. And I fully support this 2% increase and extension of one year. Honestly, I would have been comfortable with a two-year extension. But let's leave it at that. So in addition, Member Hill has raised these kinds of complaints for some time. They've been addressed, some of them addressed by staff, some addressed by other board members. The latest accusations that were leveled on June 7th have been investigated, looked into by our own.

[7745] Aiden Hill: Who's investigated these? And where did the board authorize an investigation?

[7751] Terrence Grindall: Excuse me, Member Hill. I believe our legal counsel has investigated. The board has... Our authority. Our authority.

[7763] Aiden Hill: We did not vote to authorize that investigation.

[7766] Phuong Nguyen: You made the request.

[7768] Terrence Grindall: I sat quietly for your diatribe. Can I please address... So... Our council that works for us has investigated and made a determination that the accusations by Member Hill were unsubstantiated. That memo was provided to all board members, is my understanding, and there's simply nothing there. What is there is that these kinds of unsubstantiated including getting involved in personnel matters and accusations of retaliation that are totally unsubstantiated and help to add to a negative climate at our high school are totally inappropriate. In some cases, like the last cases, the district has had to spend resources significant amount of resources in order to address these issues. In addition, I believe some of these accusations, baseless accusations as it turns out, were transmitted to the county and they're now going through spending public resources investigating as well. And I'm confident after having reviewed our legal counsel, that their analysis will come back the same. So there's a lot, this kind of hyperbole and accusations without evidence are bad for our district and they're bad for our children. We really need to get to work on improving our school district.

[7872] Phuong Nguyen: Thank you, Member Grindell. And I would just like to also make a statement. For the record, these are statements and beliefs of Mr. Hill, Member Hill, not the entire board. And the entire board had directed to, based on the superintendent's evaluation, satisfactory evaluation, that we are extending his contract and he is entitled to the 2% salary increase. So with that, may I please get a motion to approve item 11.2.

[7907] Bowen Zhang: I move that we approve the addendum to the Superintendent's Employment Agreement.

[7911] Phuong Nguyen: May I get a second? Second. Thank you, Member Marquez. Motion made by Member Zhang, seconded by Member Marquez. Member Zhang, how do you vote? Yes. Member Marquez?

[7924] Carina Plancarte: Yes.

[7925] Phuong Nguyen: Member Hill? No. Member Grindel? Yes. I'm also yes. Four ayes and one nay. with member Hill, no, thank you. Onto item, onto consent agenda, personnel items. We do have a public speaker for item 12.5. At this time, I would like to ask for a motion to approve item 12.2, 12.3 and 12.4?

[7963] Bowen Zhang: I would like to pull 12.4.

[7965] Phuong Nguyen: I'm sorry?

[7966] Bowen Zhang: I would like to pull 12.4. I have just one simple question.

[7969] Phuong Nguyen: 12.4 also? Yeah. OK. May I get a motion to approve 12.2? And 12.3, I guess.

[7975] Bowen Zhang: And 12.3. Yeah, move that we approve 12.2 and 12.3. I'll second.

[7982] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Grindell. Member Zhang, how do you vote?

[7986] SPEAKER_21: Yes.

[7986] Phuong Nguyen: Member Marquez? Yes. Member Hill? Yes. Member Grindell? Yes. I'm also a yes. Five ayes on approval of item 12.2 and 12.3. Member Zhang? Yeah. 12.4?

[8005] Bowen Zhang: Just want a superintendent to articulate the reason for adding this new position and I guess and the funding source for this.

[8013] Mark Triplett: Thank you, Member Zhang. So feel free to jump in as well. executive cabinet. So this position was a position that was identified in the site plan of the Memorial School District, or Memorial High School, as something that was really, that the school and the community and the SSC really felt was needed to have a third assistant principal. And so that's one of the main reasons why it's coming forth Also, given the transitions that have occurred at Memorial, the district really supports this notion that at this time and with the challenges that Memorial has had in this last year returning from pandemic, that we really felt it was an important thing to have additional administrative support there at the high school. So a part of this position is actually part of our, I guess you could say allocation formula, which we've, for this upcoming year, we allocated assistant principals based on the number of students. I believe it's a 600 to one, is that right? Or 500 to one, I'm forgetting. At any rate, some sort of allocation like that. And based on that, Memorial was allocated 2.5 assistant principals, and the junior high was allocated to assistant principals. But then the school site council made a decision to use some of their site funds to pay for the balance of this third position.

[8121] Bowen Zhang: So I guess this is powerfully funded by LCFS, so this will be an ongoing expense for the high school, right?

[8129] Mark Triplett: Since part of it is through the site plan and part of it is through LCFF, so it will really depend on some of the site council and how they want to move forward.

[8145] Bowen Zhang: So I move that we approve the position of the assistant principal.

[8149] Phuong Nguyen: Thank you. I'll second. Motion made by Member Zhang, seconded by myself. How do you vote, Member Zhang? Yes. Member Marquez? Yes. Member Hill? No. Member Grindell?

[8160] Terrence Grindall: Yes.

[8161] Phuong Nguyen: I'm also a yes. Four ayes and one no. Thank you. On to item 12.5. Ms. Parks? Thank you.

[8182] Cindy Parks: As you mentioned at the beginning of this meeting, you're changing the way some of your agenda is formatted based on surrounding districts. I would ask that you would also consider the way your PAL or your personal action list is compiled. This has been a bone of contention. Many people have spoken about it, or a few people have spoken about it, I should say, over the course of time. The previous personnel director changed that practice and started using numbers when staff resigned or retired. And there has been comments made about Especially when somebody's retiring and has been in the district for a long time, that maybe the community would want to know and be able to recognize someone who is retiring. If you'll notice on your, well on my page too, you have retired certificated employees, resignation of certificated management employees, retirement of certificated just regular employees and then it says resignation of classified employees and they all have been assigned numbers and that's not very transparent. It's also I also noted that on this one and I have not noticed this before because I do remember that we've had other teachers in the district who have taken the advantage of the Willie Brown Act and this time the Willie Brown individual and a certificate employee requesting a leave of absence, those were also assigned their numbers, their names are not listed here. And again, in the interest of transparency and I guess in conformity of the other districts, because this was looked into and I know that an email was sent to all of you, protesting this action. And so I would ask that you would seriously consider listing the names in, again, the spirit of transparency to let the community know who you've listed on this report. And it's Newark Memorial High School. Thank you. Thank you, Ms.

[8305] Phuong Nguyen: Parks. OK, with that, may I get a motion to approve the personnel?

[8310] Aiden Hill: I move to ratify the personnel report. I'd like to discuss this.

[8313] Phuong Nguyen: There's already a motion on the floor.

[8315] Aiden Hill: I have a question to answer, ma'am. We all have an opportunity to ask. So, you've rushed here. So, I have a question I'd like to ask Dr. Triplett about this.

[8323] Phuong Nguyen: I understand that, but there's a motion. If you don't second it, then the motion dies.

[8328] Aiden Hill: That's not how it works. So, you need to be the one that follows the rules. We're allowed to discuss items. So, I am requesting, I have a question for Dr. Triplett. If you want to continue this lawless behavior, there's nothing really I can do about it. You've already decided that you're not going to follow Robert's Rules of Order, are we now going to violate our own governance handbook? No. Okay, so then please let me ask my question.

[8352] Phuong Nguyen: Well, then let the motion die.

[8354] Aiden Hill: I don't have control over that.

[8357] Bowen Zhang: So anybody want to second my motion? And Member Hill can ask his questions.

[8366] Phuong Nguyen: I second the motion.

[8367] SPEAKER_26: I second the motion. Okay.

[8370] Bowen Zhang: You can go ahead and ask the question.

[8372] Phuong Nguyen: No. Now there's a vote on the floor. Member Zhang, how do you vote?

[8377] Aiden Hill: I guess you're not dedicated to protecting the speech of your fellow board members, which is your requirement as president. Member Zhang, how do you vote? Would you like me to pull out the governance handbook where it articulates this?

[8388] Phuong Nguyen: Member Zhang, how do you vote? We have a motion on the floor.

[8391] Bowen Zhang: Well, given the member who asked the question, I would want to rescind my motion. And they can ask the question, I will make the motion.

[8402] Phuong Nguyen: Member Marquez, are you willing to rescind your motion as well?

[8407] SPEAKER_26: I will rescind at this time.

[8408] Phuong Nguyen: Thank you. Ask your question, Member Hill.

[8413] Aiden Hill: Thank you, Member Shaw. Yes, so my question for Dr. Triplett is, so on the PAL here, we are It sounds like we've already extended an offer to have a new principal at Newark Memorial High School. And I believe he's here in the audience. And I've never met this individual before, and I really don't, you know, I can't comment on, again, any details other than that as I looked, as I researched his background, He's done a lot of things in education, but he does not have significant experience in being a principal at a high school. I believe it's only six months or a year. And as I've mentioned many times before, if we're going to have a Super Bowl caliber team, we have to hire Super Bowl players who've been to the Super Bowl. And again, this is no disrespect to Mr. Runhog. Again, I haven't met him. But my question is, is who exactly served on the hiring, on the selection and on the hiring committee that has hired Mr. Ron Hogg?

[8487] Mark Triplett: So I do want to say that I think it's grossly inappropriate to be speaking about an individual's background during this agenda item, but I will answer your question regarding who was on the hiring committee. And I'm probably going to defer to to Ms. Ingham-Watters, but the hiring committee was made up of individuals, including classified staff, certificated staff. I'm asking for names. And students, and I believe there was also district representatives on the hiring committee.

[8524] Aiden Hill: So, Ms. Waters, are you going to provide the names?

[8527] Mark Triplett: We're not in a position to provide the names for a committee that is, that has committed to a level of confidentiality. We don't want to expose that. I'm sorry, if I could please finish. We don't want to, we want to respect that a committee needs to make these kind of decisions in confidence. And so to be asking for the names of a committee like this, then is opening up that committee to a level of, potential harassment that we're not, we're an organization that doesn't do that.

[8562] Aiden Hill: So, so that's, that's actually basically contrary to our democratic principles in our, in our constitute, ma'am, please let me please redirect member Hill. So hold on a second. I'm, I'm, I am asking, so ma'am, I am asking a question. We do not have star chambers in our system of government. We do not have secret, unaccountable bodies. And this information is actually, if I were to submit a CPRA request, or any member of the public were to submit a CPRA request, you would be required to produce that information. So I'm asking you now to save time. But if you're going to make it difficult, then I guess we'll have to go through the CPRA route. But you are undermining basically the integrity of our national and our state constitutions in trying to keep this information secret. So I'm asking you again.

[8616] Mark Triplett: Thank you for your comments.

[8619] Phuong Nguyen: Member Grindel.

[8621] Terrence Grindall: Yes. First of all I have reviewed information about Mr. Reinhardt and I think he is eminently qualified and he's going to be a great addition to our community and work I'm excited that he's coming to Newark unified so and with that I'd like to make a motion to approve this item.

[8639] Phuong Nguyen: Thank you. I'll second the motion members on how do you vote.

[8642] SPEAKER_21: Yes.

[8643] Phuong Nguyen: Member Marquez.

[8645] SPEAKER_22: Yes.

[8645] Phuong Nguyen: Member Hill. No. Member Grindel.

[8648] Terrence Grindall: Yes.

[8649] Phuong Nguyen: I'm also yes. Four ayes and one no.

[8653] Mark Triplett: And President Nguyen, with your permission, we'd love to introduce the two administrators.

[8658] Phuong Nguyen: Yes, I would really like that. Thank you so much.

[8662] Mark Triplett: Okay. I'm going to start with Ms. Maria Avila. Ms. Avila, do you want to come up to the podium there? So we are very excited to have Ms. Maria Avila as the new assistant principal at Newark Junior High School. She's joining an outstanding team, including the principal, new principal Pikowski, as well as the other assistant principal, Ms. Jin Kim. Ms. Avila is a first-generation American, like many of the families in our Newark community. Her father came to the United States at 17 and wrote his version of the American Dream. Ms. Avila has a master's degree from UC Berkeley in educational leadership and with more than 10 years working in public education. She continues to serve students and her community as she works to improve the education provided to our children. Ms. Avila looks forward to working together to create a community where students want to come to school, that a community that works towards achieving academic success for all students, where all students feel safe and are respected for their individuality, where we work together to support our families both in and out of school, where we build resilience and persistence, and all work together to overcome the endless obstacles that education faces today, and where we all strive for continuous improvement every day in every way. So as we begin the year, I want to say on behalf of all of us, we are very excited, Ms. Davila, to have you join the Newark Unified family.

[8765] SPEAKER_30: I'm really excited to be here. I've been here a week, and I'm in love. And so I'm really looking forward to being welcomed into the community here at Newark. And I can't wait to start meeting our students, our children, and our families. Thank you.

[8785] Mark Triplett: And if Mr. Richard Runhaug, otherwise known as Dr. Rich, can come up. So likewise, we are extremely delighted to announce the selection of Dr. Richard Runhaug to be the new principal of Newark Memorial High School. And Dr. Runhaug comes with extensive leadership experience, not just as principal at the elementary, middle and high school levels, but in multiple states, including Arizona and California. For the past three years, Dr. Rich has served as superintendent of Browley Elementary School District, and prior to his tenure in Browley County, he was interim high school principal in Santa Barbara Unified School District, where he helped to increase enrollment in academy programs and to address inequities in academic intervention. Dr. Runghau, also brings valuable experience from years of consulting with districts on data and assessment, strategic planning, and academic improvement. And Dr. Rich has a bachelor's degree, two masters in business and education leadership, and a doctorate in educational leadership. Dr. Rich shared with us, I am excited to begin my work with Newark Memorial High School Being a high school principal has been one of the positions in my career I've enjoyed most. We will pursue high academic standards along with making college and career readiness a top priority. Sorry, Dr. Rich, I just took your words away from you there. But I will say that I've had the pleasure of not only being involved in the interview process for these two, but also spending the last two days with them. And I think I speak for all of the principals and administrators, the NEWMA representatives, and this cabinet in saying how delighted we are to have both of you all join this family.

[8903] SPEAKER_10: Did you want me to say anything or not? I'll share the same words. We've had just a very pleasant experience. We're excited to get the work done. And I know there's a lot to get done. I'll say this, that I believe there's some parallels between what I experienced in Santa Barbara. And I felt very good about the results that we generated when I was in Santa Barbara. And I think we can generate similar results here in Newark. So we're excited about the work. Thank you very much.

[8940] Phuong Nguyen: Thank you, Ms. Avila and Dr. Rich. Welcome aboard. Okay, on to item consent agenda. Are there any items on the consent agenda that you would, any of our board members like to pull? Member Hill?

[8964] Aiden Hill: I'd like to pull 13.16. 13.21, 13.22, 13.24, and 13.25. So you want to pull 13.16, 13.21, 13.22, 24, and 25. And 13.7. We have one public speaker for 13.7.

[8997] Phuong Nguyen: So may I get a motion to approve item 13.2, 13.3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 23, 26, and 27.

[9040] Bowen Zhang: I move to approve.

[9042] Phuong Nguyen: May I get a second?

[9043] Bowen Zhang: I'll second.

[9044] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Grindel. How do you vote, Member Zhang? Yes. Member Marquez?

[9051] Chery Villa: Yes.

[9052] Phuong Nguyen: Member Hill? Yes. Member Grindel? Yes. I'm also a yes. Five ayes. Motion's passed. And Ms. Parks, item 13.7.

[9067] Cindy Parks: I just wanted to clarify something that was just said regarding the assistant principal at the high school. So first of all, the SPSA, I'm glad that they were able to work out the membership, because if you'll remember, I pulled this back in June because the membership was incorrect. So in the SPSA, it does specify on page 50, item 2.2E, that the funding percentage of one dean or an AP to address the support student attendance and behavior. It then goes on to say on page 51 that $30,000 was being allocated out of the SPSA money for that certificated personnel, meaning to fund one dean or AP. You'll notice that under 12.4, you just approved an item for $170,000. On page 58 of the CPSA, under goal two, which is where, like I said, that's where the AP is listed, it's also got the behavioral list. And the behavior list is $86,000 allocated in this plan. The total for goal two for certificated is $117,400. So I want to make sure that you understand what you were told earlier, that that item that you approved for $170,000, only $30,000 is coming from DSPSA. That was all that they approved. You also approved earlier this year the assistant principal position at the junior high, and that was based on Title I money at $170,000 there also. That plan has not come forward for your approval because it was missing, it had issues, let's put it that way. So I'm sure you'll get that soon. But again, you're approving positions that are being funded out of, in essence, you could kind of say temporary money. And we were always told when we were, when I was on site council, that anybody who's paid out of CPSA technically should be receiving, it's a temporary, because it's a matter, it's at the will of the council, right? It's a matter of what that council determines that their site needs. And so I just want to make sure that we're all on the same page here on who you're hiring at ASIPSAs and the money, where it's coming from. So again, what you have here is only $30,000 for that position that you approved for $170,000. So just transparent, wanting to make sure you understand what's before you. Thank you.

[9244] Phuong Nguyen: Thank you, Ms. Parks. Superintendent Triplett, would you like to clarify? The funding source for the assistant principal at the high school.

[9261] Mark Triplett: So you have a question about the funding source for the assistant principal at the high school. OK. So there is some money that is in the SPSA plan, and then the other is through LCFF dollars. And Ms. Delacruz, correct me if that is not correct.

[9284] Marie dela Cruz: Yes, the funding source for the assistant principal is split between the general fund, district general fund, and the school SPSA. So the amount that's in the what was approved, that 170, is not all of SPSA.

[9302] Phuong Nguyen: OK. Thank you for the clarification. I just wanted to. the clarification to be on record. Thank you. Member Grindel, did you have a question, comment? Thank you. Okay, with that, may I get a motion to approve item 13.7? I'll move approval. I'll second. Motion made by Member Grindel, seconded by myself. How do you vote, Member Zhang?

[9328] SPEAKER_21: Yes.

[9329] Phuong Nguyen: Member Marquez?

[9331] Richelle Piechowski: Yes.

[9332] Phuong Nguyen: Member Hill? No. Member Grindel?

[9334] SPEAKER_21: Yes.

[9335] Phuong Nguyen: I'm also yes. Four ayes and one no. On to item 13.16, Member Hill.

[9346] Aiden Hill: So this is a resolution that's being put forward to permit temporary borrowing between funds. And as you all know, I am a teacher at Cupertino High School, and I teach business. And one of the areas, one of the units that I teach is in personal finance, and specifically around budgeting. And what we talk about is how people at a personal level have problems managing their budget. And oftentimes, it's because they don't have a clear sense of expenses. And they put all of their dollars into one big bucket. And then at the end of the day, they run out of their money. And so there's various strategies to deal with that on a personal level. One way that we talk about with the kids is what's called the envelope method. Maybe you've heard it before, where you actually create envelopes for each of your budget items, and you put only that amount of cash in there. And then basically, that's a check and a control to show once you've exhausted that money in that particular budget item, you're finished. And you've got to tighten your belt, and you're not going to go and steal money from the other envelopes. So that's a very simple example for students who are learning about budgeting. But the concept is the same even we get at a higher level and we get into big finance. And I've certainly seen this at a corporate level. And quite frankly, how you manage budgets is no different at the corporate level than anywhere else. But I don't think it's a good practice to be able to say that we're going to allow unrestricted borrowing between funds. Because it encourages a lack of discipline and potentially gets you into trouble. And it also permits and encourages bad forecasting. And we need to be, given our fiscal situation and our ongoing deficit, focused on being the best. And so my recommendation and motion is to alter this. And I understand that there may be situations where we need to borrow between funds. But my motion is to amend this resolution and to say that this can only be permitted by a vote of the board.

[9487] Bowen Zhang: So I have a comment on this. This is probably my fourth time, fifth time voting on this. This is an annual formality. Required by law, at the end of the year, you have to return the money. So this is not just temporary borrowing. And the other thing is this is happening in pretty much every district. So it's not a new or specific thing. So I'm glad this time it's on consent so we don't need to have a discussion because every year I'm voting on this same formality. It's in certain ways, it's a bit tiring because every district is doing the same thing. There's nothing special. I remember the first time I did this, I asked him a question. Nancy Thomas pulled me over after a meeting and said, hey, learn something, this is an annual formality. So a person as fiscally conservative as Nancy Thomas will tell me this is an annual formality. Pick your battle wisely. That made me know that this is an annual formality.

[9539] Phuong Nguyen: Thank you, Member Zhang. Member Grindel?

[9541] Terrence Grindall: Yeah, I want to echo member Zhang's comments. This is a cash flow issue. And the envelopes are paid back. It's a way of managing the cash flow of the district. And it is, as member Zhang indicated, a formality. So I would not be supporting the motion made by member Hill. But I'm happy to make a motion if that one fails.

[9567] Aiden Hill: I'd like to make one last comment. and that comment is that, member Sean, you may remember we had a situation with the childcare where we had a budget, but we actually, when COVID hit and our revenue dried up, we actually continued to pay out for those childcare resources that weren't used. And so that's how we ended up incurring a deficit in that particular area. And when that was exposed, you asked Ms. Delacruz, you said, well, so we're going to be able to like pay this back, right? And Ms. Delacruz looked a little bit, you know, gave an, from my impression, an unsure answer and said yes. But in the end, that money wasn't paid back. And that's why we had to do all these cuts in childcare, is because we mismanaged that. And so this is not a formality. Right? And so all I'm asking for is that we have increased oversight from the board. And that as we put together budgets, that we stick with those budgets. And if we need to deviate from those budgets, the board needs to approve that deviation. That's a best practice.

[9645] Phuong Nguyen: Madam President?

[9646] Maria Huffer: Yes.

[9647] Phuong Nguyen: Member Marquez would like to make a comment.

[9649] SPEAKER_26: Madam President, if there's no second on the motion on the floor made by fellow member Hill, I'm ready to make a counter motion.

[9655] Phuong Nguyen: There is no second.

[9658] SPEAKER_26: Therefore, I move in accordance with Common Standard Educational Code 42603 that we go ahead and approve 13.16 resolution.

[9668] Phuong Nguyen: May I get a second?

[9669] Terrence Grindall: I'll second that.

[9670] Phuong Nguyen: Thank you, Member Marquez. Motion made by Member Marquez, seconded by Member Grindel. How do you vote, Member Zhang? Yes. Member Marquez?

[9679] Chery Villa: Yes.

[9680] Phuong Nguyen: Member Hill? No. Member Grindel?

[9682] SPEAKER_21: Yes.

[9683] Phuong Nguyen: I'm also yes. Four ayes and one no. On to item 1321.

[9690] Aiden Hill: Member Hill. 1321. So just a question. So it says that we have two complaints around facilities and they were resolved. Can you tell us, Ms. Waters, what those complaints were?

[9716] Mark Triplett: Ms. Waters, would you like to answer?

[9719] SPEAKER_19: Sure. So the two Williams complaints regarding facilities had to do with adjustments in HVAC to classrooms at the high school, and both have been resolved.

[9730] SPEAKER_08: Great. Thank you.

[9731] Phuong Nguyen: Thank you. Thank you, Ms. Waters. May I get a motion to approve item 1321?

[9740] Bowen Zhang: I move that we approve the Williams uniform complaint quarterly report.

[9744] Phuong Nguyen: Motion made by Member Jones. Make it a second.

[9748] Nancy Thomas: Second.

[9749] Phuong Nguyen: Seconded by Member Marquez. Motion made by Member Zhang, seconded by Member Marquez. How do you vote, Member Zhang? Yes. Member Marquez? Yes. Member Hill? Yes. Member Grindel? Yes. I'm also yes. Five ayes. On to item 1322. Member Hill?

[9772] Aiden Hill: Yes, thank you. So this is the report on new contracts. And on page four of this report, I see a new contract for mr Jeffrey Vu as a marketing consultant for $20,000 and as you may recall, this is the person who I identified As one of dr. Trip was personal friends who he's given a no-bid contract to multiple no-bid contracts to and initially He was classified as a video production person. It looks like we're rebranding this person now as a marketing consultant. But as I mentioned in my complaint, he is not a qualified vendor. And so he violates the requirements around independent contracting law. And I'm not going to get into the details of that. And certainly there's a conflict of interest. But I want to get to the very specifics of his contract. So the very specifics of his contract, basically, so our independent contractor agreement has a number of requirements that vendors need to comply with. And number nine on that list of things that they need to comply with are licenses and permits. Contractors shall obtain and keep in force all licenses, permits, and certificates necessary for the performance of this agreement. And as I mentioned in my complaint this past June, So even though they've redacted Mr. Vu's contact information, which is actually illegal because he is a vendor, he's not an employee, but it's my understanding that he lives in Oakland. I did a search of whether he has a business license back in June. He does not. And not only is he required to have a business license to do business as a business In his place of his domicile, but also many cities actually require that That that people actually also get a license in the place where they're doing the actual work and Newark has that requirement And I'm happy to read it But again, he didn't have a Newark business license when he's been doing this prior work. And I checked today, both in Oakland and in Newark, there is no record of him having a business license. And so therefore, this contract is null and void. And I'm requesting that not only do we not approve this, but that we actually investigate you know, whether he's ever had this, and if he can't produce this, I believe that we need to call back those funds because it's a violation of the contract.

[9947] Phuong Nguyen: Member Goodell, any comments, questions? Member Zhang and Member Goodell, go ahead. Oh, no. OK. With that, there's no additional comments or questions. May I get a motion to approve item 1322? I'll move approval. May I get a second, please?

[9967] Bowen Zhang: I'll second it.

[9968] Phuong Nguyen: Thank you. Motion made by Member Grindel, seconded by Member Zhang. Member Zhang, how do you vote? Yes. Member Marquez?

[9976] Chery Villa: Yes.

[9977] Phuong Nguyen: Member Hill? No. Member Grindel?

[9980] SPEAKER_21: Yes.

[9981] Phuong Nguyen: I'm also yes. Motion passes, four ayes and one no. And also, just want to be clear, That for the record, these are statements and beliefs of Mr. Hill, Member Hill, and not of the entire board.

[10000] Aiden Hill: Thank you. They're not beliefs. This is verifiable. He does not have business licenses.

[10006] Phuong Nguyen: Item, we're moving on to item 13.24, Mr. Hill.

[10013] Aiden Hill: 24. 24, Warrant Report. So this is the second example. Again, there may be more that we don't know about. of basically Dr. Triplett awarding contracts, no big contracts, to personal friends. And we have a warrant there for Dr. Jeanette Hernandez. I don't have the page here. Hold on a second. It is page 26 of 36, Dr. Jeanette Hernandez for 22,000, no, I'm sorry. $9,800 for this particular warrant. So again, just as with Mr. Vu, there are serious issues with whether she is actually an independent contractor. And again, I won't go into the details of that. But again, if we go back to her actual contract that we have, it's our contract that we've had her sign. She does not have business licenses, either in Oakland or in Newark. And that is, again, a violation of our contract. And so therefore, in good conscience, we cannot pay her because she's not a legitimate vendor. So I am requesting that we can approve the rest of this report. I don't know all the details. But in that particular situation, I'm requesting that we do not approve the warrant for Jeanette Hernandez because she is not a legitimate contractor per our agreement.

[10108] SPEAKER_33: President Nguyen, question for Member Marquez.

[10111] Phuong Nguyen: Yes, Member Marquez.

[10118] SPEAKER_26: Yes, none at this time. It was for previous.

[10121] Phuong Nguyen: Oh, apologies.

[10122] SPEAKER_26: All right. Thank you.

[10125] Phuong Nguyen: OK, with that.

[10126] Aiden Hill: So that's my I have a motion. I had a motion the last time we we seem to have forgotten that one. So my motion is that we approve this with the exception of Jeanette Hernandez, because, again, we are paying a contractor on a contract that is actually null and void.

[10148] Phuong Nguyen: Do we have a second? Okay, we do not have a second. Member Grindel, would you like to make a comment?

[10157] Terrence Grindall: I want to make a comment and then a motion. Okay, perfect. Madam President. Thank you. This issue, just as the previous one, has been investigated by our legal counsel, and they determined that there was no substance to this accusation. I move approval of this item.

[10177] Aiden Hill: Thank you. So please, that is an incorrect statement. If you read these confidential memos, which I don't believe we're actually even supposed to talk about, but since you've already opened the bag on this, Member Grindell, If you read them carefully, the lawyers artfully avoided the issue of whether these people have business licenses. So this has not been resolved, as well as a number of other items. That's correct.

[10199] Mark Triplett: It is inappropriate to discuss the details of those legal formalities because it's not inappropriate to talk about the general findings, but it is inappropriate to talk about the details. It's a violation of confidentiality. I believe that member Grindel has already opened up.

[10219] SPEAKER_26: We have a motion and acknowledgement. Madam President, point of order on the floor, asking for acknowledgement.

[10224] Phuong Nguyen: Thank you. Thank you, member Marquez. You have the floor. I second the motion. Thank you so much. I appreciate your second. OK, motion made by member Grindel, seconded by member Marquez. How do you vote, member Zhang?

[10237] SPEAKER_21: Yes.

[10238] Phuong Nguyen: Member Marquez?

[10240] Chery Villa: Yes.

[10241] Phuong Nguyen: Member Hill?

[10244] Aiden Hill: No.

[10245] Phuong Nguyen: Member Grindell? Yes. I'm also yes. Four ayes and one no on item 13.24. On to item 13.25. Member Hill? 13.25. Again, it's Mr. Vu. And we have a new contract now in place for him.

[10269] Aiden Hill: And again, he doesn't have a business license, so I don't think that we can approve him. He hasn't met all the terms of the contract.

[10278] Phuong Nguyen: Thank you for the comment. May I get a motion to approve item 1325?

[10282] Bowen Zhang: I move we receive the quarterly report on contract.

[10286] Phuong Nguyen: I'll second. Motion made by Member Zhang, seconded by myself. How do you vote, Member Zhang?

[10291] SPEAKER_21: Yes.

[10292] Phuong Nguyen: Member Marquez?

[10294] Chery Villa: Yes.

[10295] Phuong Nguyen: Member Hill? No. Member Grindel? Yes. I'm also a yes. Thank you. Four ayes and one no. On to item 14.1, Board of Education Recognition and Announcements. Member Zhang.

[10310] Bowen Zhang: Hope everyone has a great summer and welcome to the new year.

[10313] Phuong Nguyen: Thank you, Member Zhang. Member Marquez. Member Marquez.

[10321] SPEAKER_26: Yes, thank you. Sorry I turned off my microphone. I wanted to give acknowledgement and a shout out to the principals as well as the leadership team for attending their breakthrough coaching and their professional development as we prepare to kick off the new school year. And I appreciate their time and the fact that everyone, not only leadership, but as well as the teachers preparing, because I know that even though we may not be in the classroom, that we're definitely preparing to have our minds are spinning, getting us ready for the new school year to begin. So I just wanted to give a shout out to everyone who has put in their time over the summer and know that it's not going unnoticed. I did want to share when it comes to the new year, just to remind everyone of where we're at. that as the start of the new school year, we all feel what's known as a twinge of some sort or some kind. It's a complicated mix of nervousness, our anxiety, trepidation and excitement. Teachers feel it, parents feel it, not only the principal, but as well as our students feel it. It's there in the air for the whole school community. There are so many unknowns at the beginning. Everyone is probably wondering what kind of year will this be? There's no way to know, but there's only one way to find out. And how do we do that? By jumping in. And we jump in all in body and mind, and most importantly, with a positive mindset. Thank you.

[10413] Phuong Nguyen: Thank you, Member Marquez. Member Hill?

[10419] Aiden Hill: I echo Member Zhang's comments.

[10421] Phuong Nguyen: Thank you, Member Hill. Member Grindel?

[10425] Terrence Grindall: Yes. Go back and echo the superintendent's comments early on to thank the janitors for their hard work over the summer. Thanks superintendent for recognizing them and that's super important. This is going to be an exciting year. The middle school transition is happening. Another cohort of the dual language immersion program. many other new programs going on in our in our district. And it's it's very exciting, very much looking forward to our district continuing on the upward spiral. Thank you.

[10466] Phuong Nguyen: Thank you, Member Grindel, and I would also like to echo my fellow board members comments and just want to wish all of our students and our family and our teachers and our entire staff a great new school year and excited, like member Grindel had mentioned, for all the new programs, especially the STAR program and the environmental literacy, in addition to the ones that he had mentioned. But we're so excited and can't wait to see what this new year, how this new year transpires. So thank you. Okay, on to Board of Education Committee reports. Do we have a report for Mission Valley ROP, Member Grindel?

[10513] Terrence Grindall: Nothing relevant to report.

[10516] Phuong Nguyen: Is there anything from SELPA? No. Anything from EBIC, Member Marquez? None at this time. Thank you. Anything from the Audit Committee, Member Hill?

[10527] Aiden Hill: Yes. We had our most recent meeting in the audit committee in late June. And the audit has been underway. And my understanding is that there are some preliminary findings. They're still massaging them. But we're going to be having a meeting on this coming Tuesday at, I believe, 6 o'clock in the boardroom. So anybody that's interested in attending is welcome to do so.

[10551] Phuong Nguyen: Thank you, Member Hill. And we have a meeting with the With the City of Newark and NUSD Liaison Committee this Monday coming up August 8th at six, oh, I'm sorry, August 15th at six o'clock. My apologies. So the following Monday. Thank you so much. With that, onto item 14.3, Board of Education requests. Member Zhang, do you have any requests at this time?

[10583] Bowen Zhang: Yeah, I have two small requests. One, I discussed this with Superintendent Triplett with regard to the credential of qualifying as a basic aid district. I guess there's no secret that Newark's property tax has been increasing dramatically over the years. I really just want to, but I guess the definition of a basic aid district and the qualification of that is still pretty blurred. Just want to have a brief staff report from maybe Ms. Dela Cruz to tell us what is the money, the tax measure we're using to justify whether a district is a LCFF district or basic aid district? whether is that merely just property tax or is business tax combined or commercial tax? How do you make the calculation? And are we 20 million away from that or are we way, way, way far away from that?

[10636] Terrence Grindall: I agree with Member Chang's request.

[10641] Phuong Nguyen: I think it's also, I'm also in agreement that we should have a staff report on this?

[10647] Bowen Zhang: Yeah, so this probably can just be a five-minute report, because really it's just the language in the state law. If you Google it, it's very, very confusing. Because it sounds like it's property tax, but if you use property tax, I'm pretty sure where we are basically already. But it looks somebody is saying it's business and commercial tax. So I just want to get clarification on how the formula is determined.

[10668] Phuong Nguyen: Yeah. And I think it's good for our community to know how school is actually funded. Thank you.

[10674] Bowen Zhang: Great. Thank you. So, the second request is at the beginning of the meeting, I guess, President Nguyen mentioned about we're going to be changing our format for the next board meeting. So, that is kind of new to me. So, I was, I'm just requesting that we postpone that for just one meeting. So, next meeting we can have a sort of a brief discussion. I don't want to get into a lengthy discussion about the rationale about reordering. I don't believe we're changing the format. I guess we're reordering some of the agenda item to increase whatever for the, public participation. That's my request. Just have a brief discussion. I don't think that's going to be a 20-30 minutes discussion.

[10714] Aiden Hill: I would support you in that request.

[10719] Phuong Nguyen: Do we have a third?

[10724] Bowen Zhang: Okay. Well, I guess if you don't have a third, that means the majority of the board pretty much accept that. So then that is sort of the majority of the board agree to a new format. Thank you. So we'll see what a new format really is next time.

[10736] Aiden Hill: So I think that we need to take a formal vote on that new format.

[10742] Phuong Nguyen: Nope, this is a request. We didn't have a majority. So we're on to Member Marquez's request. Member Marquez?

[10750] SPEAKER_26: None at this time, Madam President.

[10752] Phuong Nguyen: Thank you. Member Hill?

[10755] Aiden Hill: I have four requests. So the first one is when in our last meeting I mentioned the fact about CSBA resources to help with education and training for the board. And obviously they have, you know, specific training sessions in person, sometimes on Zoom. But they also have an online format. And there was some confusion about what that was. So I don't think that there was really a resolution to that. So I'm passing out right now. a very brief copy of what CSBA's Online Learning Center format is. And basically, it's a variety of resources and according to their website, they say in order for us to subscribe, so for five board members and superintendents, It's $1,500 a year, and it's all you can eat. And so just as we encourage multiple modes of learning with our students, and we've got people that are at Bridgepoint or Crossroads, et cetera, and we have also different formats that our students learn at. I think we need to recognize the different learning styles of our board members. And this gives an opportunity for all of us as we're interested in a particular topic to go in and learn more about that, potentially watch videos, et cetera. And it seems to me that the cost is nominal. So my first request is that we authorize this expenditure so that we have access to the CSBA training materials.

[10846] Bowen Zhang: Yeah, I can support this. I think given that sometimes we all have pretty stressful job, you might not be able to make it on a workday to do these trainings.

[10860] Terrence Grindall: I'm okay with suggesting to staff to look into this, but I don't, I'm uncomfortable with directing this expenditure.

[10869] Aiden Hill: This is for our training, it's not for staff's.

[10873] Mark Triplett: Just to be clear, it sounds like the The request is that it be brought for discussion and a vote and to hear about the.

[10882] Aiden Hill: No, that's not my request. My request is that we authorize this training. Oh, so you're. I'm requesting that we spend $1,500 so that we have access to this online training portal.

[10896] Mark Triplett: You're putting forth a motion during the request section to.

[10901] Aiden Hill: Fine, let's call it a request. I'm making a request. It's not for discussion. It's a request that we spend $1,500 to make access, to give us access to CSBA, which we recognize as our official educational body and guidance body, that we access their online resources. And I don't see how there could be any problem with that, especially given the cost.

[10924] Terrence Grindall: Well, there's this thing called the Brown Act, where you actually have to agendize what your actions that you're going to take before you take them. So if what your request is, is to look into this at the next meeting, that's an appropriate request. But you can't take actual action unless it's been agendized as that action.

[10943] Aiden Hill: Okay, fine. So let's put it on the next agenda for discussion and approval.

[10947] Bowen Zhang: Yeah, I will support that, like I said.

[10952] Phuong Nguyen: Do we have three?

[10954] Terrence Grindall: I'm okay with three. I'm OK with the discussion.

[10957] Phuong Nguyen: OK, we can put the request is to approve. I mean, not approved, but to agendize for discussion. Thank you.

[10965] Aiden Hill: The second request is as we look at the power, we can see that we've been having significant turnover and this is just the most recent power. And I think that You know, it's important to understand what's going on, and I would like to request that we, the board, be briefed in closed session regarding information coming from exit interviews that helps us to understand what's causing, again, many of the people to leave our district.

[11003] Bowen Zhang: So I would go back and look into the appellate from 2019, the first year I joined, and now see whether we really have an unusual exit this year. So that's the action I'm going to take. I will just do additional homework on myself.

[11021] Terrence Grindall: I have a question for Member Hill, if that's OK. Have you asked the superintendent for this information directly and been refused?

[11031] Aiden Hill: Normally when I ask for information from the superintendent, normally his response is that this is information that all the board needs to request and that all the board needs to have access to. And that this is an action that needs to be taken by the board. And so that's usually been his standard response. So therefore, I don't ask that question anymore. I bring it to this forum for us to discuss.

[11067] Bowen Zhang: I think this is pretty consistent from my experience. Like this, basically, I asked the superintendent and I need to request it in a public meeting rather than he giving me information in private.

[11077] Phuong Nguyen: OK. So with that said, are there two additional board members who would like to support Member Hill's request? OK. I don't see anyone coming forward, so Member Hill, you can present your last request.

[11099] Aiden Hill: So the next to last is Member Grindel has brought up the whole topic of these confidential memos that were sent to us that were supposedly investigating the claims that I had made regarding corruption in our district. And yet, we the board never requested or authorized an investigation. This was initiated by Dr. Triplett himself and now we're referring to a document that the public does not have access to and so therefore cannot really weigh the pros and cons. But I can tell you from my experience as a former whistleblower, that you cannot investigate yourself, this is a best practice, and that agencies that have issues cannot hire quote-unquote independent investigators to go investigate themselves because oftentimes the investigations are manipulated. And so therefore, there are serious issues related to this investigation, which we did not authorize, and that we're, quite frankly, we're using public funds that we did not authorize. And I can tell you that the findings are questionable. And so my request is that if we're gonna now refer to this issue as being settled, I think that this needs to be, if it's truly settled, it needs to be settled in the minds of the public. And so I am requesting that we actually ask Dr. Triplett to publicly release those two confidential memos so that the public themselves can see what's in them.

[11206] Phuong Nguyen: Member Grindel, you have a comment?

[11207] Terrence Grindall: I was just going to, leaving aside the Brown Act problems, I think what you could do under the Brown Act is to ask that it be brought back to the board for discussion of whether we would release these memos. And I would be fine with that discussion. So if that's what you're okay with, then I'm going along.

[11231] Aiden Hill: That's fine.

[11235] Bowen Zhang: Fine with me as well.

[11239] SPEAKER_33: All right. Can I get clarity on what the final request was then for the record?

[11244] Phuong Nguyen: To agendize it and bring it back for discussion.

[11248] Terrence Grindall: To agendize the potential release of the confidential memos.

[11254] Phuong Nguyen: Thank you.

[11257] Terrence Grindall: Is that accurate, Member Hill? Correct.

[11260] Phuong Nguyen: All right.

[11261] Aiden Hill: OK. And the last request is, again, related to the agenda. that the new agenda format. And I wasn't allowed to finish my comment. So, but I had the same request as Member Zhang. And so, but I want to emphasize Education Code 35163. Every official action taken by the governing board of every school district shall be affirmed by a formal vote of the members of the board and the governing board of every school district shall keep minutes of its meetings. All right, and then 3-5-1-6-4. It's 3-5-1-6-4. The governing board shall act by majority vote of all of the membership constituting the governing board. So we've talked many times, and we've talked about CSBA and best practice, and we've talked about how this is not a meeting of the public. This is the board's meeting. that is held in public. And so we are the board, and we decide how our structure is going to be set up. And so, again, I would like to request that we formally discuss this.

[11339] Bowen Zhang: And it's... Yeah, like I requested previously, I really just want a brief discussion about the rationale, because this is something new to me today. It's not that I wasn't informed about this change before the board meeting.

[11358] Aiden Hill: Are you seconding my request?

[11360] Phuong Nguyen: Okay, only two. Anybody else?

[11366] Aiden Hill: Okay, that's it for me. Thank you.

[11370] Phuong Nguyen: Thank you, member Hill. Okay, on member Grindel, do you have any requests?

[11375] Terrence Grindall: I have 17 items. I'm just joking. None tonight.

[11379] Phuong Nguyen: Thank you. I also don't have any. So no requests at this time for me. Thank you. On to item 15.1, superintendent concluding comments, updates, and future agenda items. Thank you.

[11407] Mark Triplett: Thank you, President Nguyen. And first, just an announcement with regard to an upcoming governance training for the board. I believe it's going to be by CSBA. Is that correct, Ms. Gutierrez? No. Why am I blanking on it? Number 17? Yeah. Oh, by attorneys, that's right. So attorneys giving a governance training September 17th from 9 to 4 for the board. And hope everybody's able to attend. I think it could be really, really interesting. What day is that? September 17th from 9 to 4. We can send out like an invitation and get confirmation from everybody. And then I just want to say how excited that we are to start the school year. I think I speak for the cabinet and for all staff really. There's an exciting energy. We know that the students are eager to return, probably a little nervous or anxious, but at the same time excited and eager, and that we fully intend to bring forth the very best we can for our students this year and welcome them with positivity, with civility, with a big virtual embrace. And we know that in order for young people and adults, for that matter, to be successful, they really need to be supported and they really need to be encouraged And also they really need to understand that they have agency and efficacy in what they do. And so that's what we're gonna do as a school district. And we're grateful for the board for supporting that and supporting our efforts with our students. And that is all my comments for tonight.

[11523] Phuong Nguyen: Thank you, Dr. Triplett. With that, item 16, may I get a motion to adjourn the meeting? Nobody wants to leave?

[11536] Terrence Grindall: I will make a motion to adjourn the meeting.

[11539] Phuong Nguyen: I will second. Motion made by Member Grindel, seconded by myself. Meeting adjourned at 9.07 p.m. Thank you.

1. CALL TO ORDER

Meeting Practices and Information

Type 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.

Roll Call

Type Procedural TRUSTEES:

President Phuong Nguyen Vice President/Clerk Terrence Grindall Member Aiden Hill Member Alicia Marquez Member Bowen Zhang

STUDENT BOARD MEMBER:

Diego Torres

3. CLOSED SESSION

Public Comment on Closed Session 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. 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.

Approval of the Agenda

Type Action

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

Motion by Terrence Grindall, second by Alicia Marquez.
Final Resolution: Motion Carries


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

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.

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.

CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code, � 54957.6, subd. (a)): Employee Group - NEWMA, Contracted Management, and Unrepresented Employee(s) [Superintendent]

Type Action, Discussion, 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

Information may be provided by the agency designated representative: Board President

Unrepresented employee(s): Superintendent

PUBLIC EMPLOYMENT (Gov. Code, � 54957, subd. (b)(1)) Title: Superintendent

Type Action, Discussion, Information

PURPOSE:

Information may be provided by the agency designated representative: Board President

Unrepresented employee(s): Superintendent

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

Type Action, Discussion, Procedural PURPOSE:

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

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. REPORT OF CLOSED SESSION ACTIONS

Report of Closed Session Actions

Type Action, Procedural

PURPOSE:

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

5. RECONVENE TO OPEN SESSION

Pledge of Allegiance

Type Procedural PURPOSE:

The Governance Team will recite the Pledge of Allegiance

6. RECOGNITIONS AND CELEBRATIONS

Staff Spotlight

Type Information PURPOSE:

To recognize the wonderful accomplishments of our NUSD Team.

BACKGROUND:

The presentation will be provided by the Superintendent.

7. EMPLOYEE ORGANIZATIONS

Employee Organizations

Type Information PURPOSE:

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

BACKGROUND:

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

1. NTA: Sean Abruzzi

2. CSEA: Maria Huffer

3. NEWMA: Vicenta Ditto

8. PUBLIC COMMENT ON NON-AGENDA ITEMS

Public Comment on Non-Agenda Items

Type Procedural

PURPOSE:

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

BACKGROUND:

Please see the instructions on the link below for public comment information on non-agenda items and agenda items.

http://go.boarddocs.com/ca/nusd/Board.nsf/goto?open&id=C4Q2D4019F40

9. PUBLIC HEARINGS

Sunshine District Proposal to Newark Teachers Association (NTA)

Type Procedural PURPOSE:

The purpose is to publicly disclose or "sunshine" the proposals for reopeners at which time the public has an opportunity to provide input on the proposals prior to the commencement of negotiations between the Newark Unified School District (NUSD) and the Newark Teachers Association (NTA).

BACKGROUND:

Effective June 30, 2022, the current Collective Bargaining Agreement between the Newark Unified School District (NUSD) and the Newark Teachers Association (NTA) is set to expire. The California Education Code requires parties to publicly disclose or "sunshine" their proposals for reopeners at which time the public has an opportunity to provide input on the proposals prior to the commencement of negotiations. NTA sunshined their proposal at the May 19 and June 7 Board meetings. NUSD is sunshining their proposal to NTA at the June 16 and August 4 Board meetings. Copies of the proposal are made available to the public. This is the public's second opportunity to express itself regarding the proposal. Following the public hearing, the Board of Education must adopt the NUSD initial proposal to NTA for reopeners for the 2022-2023 school year.

File Attachments District Proposal to NTA.pdf (36 KB) Public Hearing Notice.pdf (202 KB)

10. SUPERINTENDENT REPORT

Superintendent Report

Type Information

PURPOSE:

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

BACKGROUND:

The presentation and information will be provided by the Superintendent

File Attachments Superintendent's Report 8.4.22.pdf (3,372 KB)

11. NEW BUSINESS

45-Day Budget Revision 2022-23

Type Action, Information

Recommended The recommendation is that the Board of Education accept and approve the report on the Action revised budget as presented. PURPOSE:

The purpose is to advise the Board and the public concerning the impact of the State Enacted Budget on the District's Adopted Budget.

BACKGROUND:

The Board approved and adopted the District's 2022-23 budget on June 16, 2022, which was prior to the Governor signing the 2022-23 State Budget.

The 2022-23 State Budget was signed by the Governor on June 27, 2022. Not later than 45 days after the Governor signs the Budget Act, school districts must make available to the public any budget revisions made as a result of that Budget Act [E.C. 42127].

File Attachments 45-day Budget Revision 22-23.pdf (1,005 KB)

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

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

Approval of Addendum to Superintendent's Employment Agreement

Type Action

Recommended The recommendation is that the Board of Education approve the addendum to the Action Superintendent's employment agreement. PURPOSE:

For the Board of Education to approve the addendum to the Superintendent's employment agreement following the Superintendent's evaluation.

BACKGROUND:

The Superintendent's current employment agreement states that if the Superintendent receives a satisfactory annual written evaluation for the 2021-22 school year, with Board approval, they shall receive a 2% salary increase effective July 1, 2022. The current employment agreement also states that the Board may extend the employment agreement by one year following receipt of a satisfactory overall evaluation.

Following the Superintendent's receipt of a satisfactory annual written evaluation, through this item, the Board will consider approval of the 2% salary increase effective July 1, 2022, and extension of the employment agreement by one year, through June 30, 2024.

File Attachments Addendum #2 to Superintendent Agreement (Newark USD) - 2022.0804.pdf (15 KB)

Motion & Voting The recommendation is that the Board of Education approve the addendum to the Superintendent's employment agreement.

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

12. CONSENT AGENDA: PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent-Personnel, except for agenda items:

PURPOSE:

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

BACKGROUND:

Items within the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Motion & Voting It is recommended that the Board of Education approve, under one consented vote, the agenda items under Consent- Personnel, except for agenda items 12.4 and 12.5:

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

Adopt the NUSD Initial Proposal to NTA for Reopeners for the 2022-2023 School Year

Type Action

Absolute Date Aug 04, 2022

Recommended The recommendation is that the Board of Education adopt the NUSD Initial Proposal to NTA Action for reopeners for the 2022-2023 school year.

PURPOSE:

The purpose is to publicly disclose or "sunshine" the proposals for reopeners at which time the public has an opportunity to provide input on the proposals prior to the commencement of negotiations between the Newark Unified School District (NUSD) and the Newark Teachers Association (NTA).

BACKGROUND:

Effective June 30, 2022, the current Collective Bargaining Agreement between the Newark Unified School District (NUSD) and the Newark Teachers Association (NTA) is set to expire. The California Education Code requires parties to publicly disclose or "sunshine" their proposals for reopeners at which time the public has an opportunity to provide input on the proposals prior to the commencement of negotiations. NTA sunshined their proposal at the May 19 and June 7 Board meetings. NUSD is sunshining their proposal to NTA at the June 16 and August 4 Board meetings. Copies of the proposal are made available to the public. This is the public's second opportunity to express itself regarding the proposal. Following the public hearing, the Board of Education must adopt the NUSD initial proposal to NTA for reopeners for the 2022-2023 school year.

File Attachments District Proposal to NTA.pdf (36 KB)

New Software Support Specialist Position

Type Action

Fiscal Impact Yes

Dollar Amount $103,305.00

Budgeted Yes

Budget Source LCFF

Recommended The recommendation is that the Board of Education approve the position of Software Support Action Specialist. PURPOSE:

The purpose of this item is to approve a 1.0 additional district-wide Software Support Specialist position for 2022-2023.

BACKGROUND:

The California IT in Education (CITE) evaluation report, presented to the Board on February 17, 2022, indicated the review team believes the Information Technology Department is understaffed. They identified an immediate need for additional Student Information System Support, which is responsible for California Longitudinal Pupil Achievement Data System (CALPADS) reporting. As student data and state reporting have become more crucial and more complex, the need for adequate staffing has become required to meet these needs.

In the 2022-23 LCAP, as part of Goal 2, and based on feedback and data collected, a 1.0 Technology Tech Position (Software Specialist), to assist the IT Department, was added.

New Newark Memorial High School Assistant Principal Position

Type Action

Fiscal Impact Yes

Dollar Amount $170,000.00

Budgeted Yes

Budget Source LCFF and SPSA

Recommended The recommendation is that the Board of Education approve the position of Assistant Action Principal. PURPOSE:

The purpose of this item is to approve an additional Assistant Principal position for Newark Memorial High School for 2022-2023.

BACKGROUND:

In the 2022-23 LCAP, as part of Goal 2, and based on feedback and data collected, an increase of .5 for an Assistant Principal at Newark Memorial High School was added. The remaining .5 is supported in the Student Plan for Student Achievement (SPSA) plan.

Motion & Voting The recommendation is that the Board of Education approve the position of Assistant Principal.

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

Personnel Report

Type Action

Absolute Date Aug 04, 2022

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

PURPOSE:

The purpose is for the Board of Education to ratify the Personnel Report as presented.

BACKGROUND:

All personnel activities including new hires, changes in status, resignation, leaves, and retirements are routinely submitted to the Board for ratification.

File Attachments HR PAL 08-04-2022.pdf (1,210 KB)

Motion & Voting The recommendation is that the Board of Education ratify the personnel report as presented.

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

13. CONSENT AGENDA: NON-PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent Non-Personnel, except for agenda items:

PURPOSE:

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

BACKGROUND:

Items within the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Motion & Voting It is recommended that the Board of Education approve, under one consented vote, the agenda items under Consent Non- Personnel, except for agenda items 13.7, 13.16, 13.21, 13.22, 13.24, 13.25:

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

Contract with Shalom Staffing for a Special Education Teacher

Type Action

Absolute Date Aug 04, 2022

Fiscal Impact Yes

Dollar Amount $118,575.00

Budgeted Yes

Budget Source Resource 6500 - Special Education PURPOSE:

Shalom Staffing to provide 1.0 FTE Mild/Moderate Special Education Teacher required for an unfilled position for the 2022/2023 school year.

BACKGROUND:

Despite intensive efforts, the District has not been able to hire for this unfilled position. This contracted teacher is intended to fill the Mild/Moderate position for the 2022/2023 school year only.

File Attachments Shalom Staffing_NUSD Contract 22-23.pdf (110 KB)

Contract with Ed Theory for a Special Education Teacher

Type Action

Preferred Date Aug 04, 2022

Absolute Date Aug 04, 2022

Fiscal Impact Yes

Dollar Amount $125,550.00

Budgeted Yes

Budget Source Resource 6500 - Special Education

Recommended The recommendation is that the Board of Education ratify the contract with Ed Theory. Action PURPOSE:

Ed Theory to provide 1.0 FTE RSP Special Education Teacher required for an unfilled position for the 2022/2023 school year.

BACKGROUND:

Despite intensive efforts, the District has not been able to hire for this unfilled position. This contracted teacher is intended to fill the RSP position for the 2022/2023 school year only.

File Attachments Ed Theory_NUSD Contract 22-23.pdf (110 KB)

Contract with Pacific Autism Center for Education (PACE)

Type Action

Preferred Date Aug 04, 2022

Absolute Date Aug 18, 2022

Fiscal Impact Yes

Dollar Amount $133,920.00

Budgeted Yes

Budget Source Resource 6500 - Special Education

Recommended The recommendation is that the Board of Education approve the contract with Pacific Autism Action Center for Education. PURPOSE:

To ratify the Master Contract and Individual Service Agreement with Pacific Autism Center for Education (PACE) for day treatment services for the 2022/2023 school year.

BACKGROUND:

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

File Attachments PACE_NUSD Contract 22-23.pdf (447 KB) PACE ISA 23-02a.pdf (242 KB)

2022-23 MOU with Mark Bishop, Mental Health Clinician

Type Action

Fiscal Impact Yes

Dollar Amount $74,000.00

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the 2022-23 Memorandum of Action Understanding with Mark Bishop, Mental Health Clinician for Newark Memorial High School. PURPOSE:

Mr. Mark Bishop serves as a Mental Health Clinician supporting the students at Newark Memorial High School. This Memorandum of Understanding (MOU) is for his continued service and work for the 2022-2023 school year.

BACKGROUND:

Newark Memorial High School (NMHS) will provide individual therapy to students as part of the school's Coordination of Services Team (COST) referral process. Mr. Mark Bishop, a Mental Health Clinician, will provide individual therapy with a caseload of 20-25 students and will also support the school with crisis mental health support for the whole student body along with supporting the referrals from the COST. This work will be accomplished under the direction of the Principal.

File Attachments Mark Bishop-NUSD Agreement 2022-23.pdf (336 KB)

Athletic Trip, Overnight, Round Trip Distance Over 125 Miles Field Trip: Newark Memorial HS Varsity Volleyball Team to Stockton CA.

Type Action

Preferred Date Dec 30, 1899

Fiscal Impact Yes

Dollar Amount $2,075.00

Budgeted Yes

Budget Source Athletics 103, NM Boosters

Recommended The recommendation is that the Board of Education approve Newark Memorial High School Action Varsity Volleyball Team's trip to Stockton CA.

PURPOSE:

The NMHS Principal and Athletic Director request permission to take students on an athletic and overnight trip to Stockton, CA for the 2022 Girls Stockton Classic Volleyball Tournament.

BACKGROUND:

Our Varsity Volleyball Team has been invited to return to the 2022 Girls Stockton Classic Volleyball Tournament. This is a highly competitive, invitation only, tournament which will provide exposure to college recruiting for our student-athletes. Date: October 7-8 Location: Edison High School, Stockton, CA

According to Board Policy 6153, all trips in excess of 125 miles, athletic trips, and overnight trips require Board approval. Newark Memorial High School Principal and Athletic Director request permission to take the Newark Memorial High School Varsity Volleyball team on an athletic trip to Stockton, CA. Requirements met: Grade K-3, one adult for every 5-8 students; Grades 4-12, one adult for every 10 students; Board Policy requires at least two adults on every trip regardless of the number of students (BP 6153 and AR 6153) Overnight trip supervision must be gender appropriate No student will be denied due to a lack of funds

Newark Memorial High School 2022-2023 School Plan for Student Achievement (SPSA)

Type Action

Fiscal Impact Yes

Budgeted Yes

Recommended The recommendation is that the Board of Education approve the Newark Memorial High Action School 2022-2023 School Plan for Student Achievement. PURPOSE:

This 2022-23 School Plan for Student Achievement (SPSA) is coming forward for Board approval. The SPSA serves as the organizer for an individual school's improvement process. The plan is developed with a deep understanding of the root causes of student academic challenges and identifies and implements research-based instructional strategies to raise the achievement of students who are not yet proficient by state standards.

The plan: Builds on a premise that students are capable of learning with effective instruction. Includes school goals aligned with activities and goals included in the LCAP to maximize school reform efforts. Is based on verifiable data analysis. Focuses on student achievement and academic interventions. Implements high leverage school improvement actions. Directs resources where they will most directly improve student academic achievement. Ensures all resources are aligned to serve identified students' needs. Uses research-based strategies. Implements strategic coordination of resources.

BACKGROUND:

The School Plan for Student Achievement (SPSA) is a plan of action to improve student academic performance by coordinating all educational services and resources. Pursuant to California Education Code Section 64001, schools that receive state and federal funds are required to consolidate all school plans into an SPSA.

It is the goal of the Newark Unified School District (NUSD) to provide equitable opportunities to each of our students and school sites. Each site-specific SPSA and the district-wide Local Control and Accountability Plan (LCAP) is a roadmap created in partnership with all district stakeholders to achieve our vision and mission:

NUSD Vision: The Newark Unified School District, in partnership with the community, will be a model of world-class education that develops the unique abilities of every student.

NUSD Mission: The Newark Unified School District will inspire and educate all students to achieve their full potential and be responsible, respectful, and productive citizens.

Each school site aligns its SPSA action items to our 3 LCAP goals:

     Goal 1: Promote a culture of instructional excellence and continuous improvement that results in students achieving their full
     potential and graduating college and career-ready.
     Goal 2: Promote a culture of community and partnership among the parents, students, staff, and NUSD community as a whole
     that results in an increase in parent involvement, student participation, and a positive school climate.
     Goal 3: Establish exceptional learning conditions and an environment that promotes trust, respect, and acceptance, and results in
     students and families feeling safe, welcomed, and valued members of NUSD.

Data Analysis: School-level goals are informed by data. Each goal area includes data analysis on current measures across student subgroups, and on outcome measures to determine progress. Local and State data are used to develop each goal.

Evaluating Progress: The SSC agendized a meeting to review Dashboard data and measure the impact of actions on student achievement. The principal and staff evaluate academic progress a minimum of three times a year through an academic Professional Learning Community (PLC) model with benchmark data.

Role of School Advisory Committees: California Education Code Section 64001 requires that the School Site Council (SSC) develop the SPSA. The SSC's responsibilities include approving the plan, recommending it to the local governing board for approval, monitoring its implementation, and evaluating the effectiveness of the plan at least annually. The SSC must seek the review, advice, and certification of applicable advisory committees, including the English Learner Advisory Committee (ELAC).

File Attachments 2022_School_Plan_for_Student_Achievement_Newark_Memorial_High_School_20220727.pdf (785 KB)

Motion & Voting The recommendation is that the Board of Education approve the Newark Memorial High School 2022-2023 School Plan for Student Achievement.

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

2022-23 Agreement with Illuminate Education

Type Action

Fiscal Impact Yes

Dollar Amount $40,029.61

Budgeted Yes

Recommended The recommendation is that the Board of Education approves the agreement with Illuminate Action Education. PURPOSE:

The agreement with Illuminate is for the 2022-23 school year only and will provide K-12 staff access to diagnostics, standards- based assessments, instant scoring, and targeted activities for students. Staff will also receive licenses for students and will be able to use results from assessments for instructional planning purposes to meet student needs to drive school improvement efforts.

BACKGROUND:

Illuminate is Newark Unified's comprehensive assessment and data management tool for housing, monitoring, and measuring student academic progress with data from multiple platforms. Illuminate has been utilized by grade-level and department teams to conduct formative and summative assessments and assess student learning and inform planning instruction.

File Attachments Illuminate - AN-12002629 - Newark Unified School District.pdf (523 KB)

2022-23 Agreement with Curriculum Associates, LLC for I-Ready Services

Type Action

Fiscal Impact Yes

Dollar Amount $94,123.10

Budgeted Yes

Recommended The recommendation is that the Board of Education approve the agreement with Curriculum Action Associates, LLC. Goals. PURPOSE:

This 2022-23 school year agreement will provide diagnostics and student licenses in English Language Arts (ELA) and Mathematics for Kindergarten to 5th-grade students, as well as licenses for English Language Learners to use at the secondary level, grades 6-12.

BACKGROUND:

This is a part of the district-wide assessment program. This is the seventh year of implementation of I-Ready; this continuity allows staff the ability to identify trends in student data results and adjust instructional planning accordingly at the site level. The cost for the district will be $94,123.10.

File Attachments iReady.pdf (724 KB)

Dannis Woliver Kelley Attorneys at Law - Agreement for Legal Services 2022- 2024

Type Action

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Services Action for Dannis Wolliver Kelley Attorneys at Law for 2022-2024. PURPOSE:

To approve a two-year legal service agreement with Dannis Woliver Kelley Attorneys at Law for legal services in the 2022-2024 fiscal years.

BACKGROUND:

Dannis Woliver Kelley Attorneys at Law has been providing legal services to the District since 2010. They have provided NUSD with legal counsel in a wide variety of areas, including general legal services, business and contract services, construction advice and litigation, developer fees, litigation, procurement, and governance. In light of economic uncertainty over the past few years, fees have remained the same since 2019. For the 2022-2024 agreement, hourly rate ranges for different attorney groups are $130-$450 which is an increase of $5 to $25 dollars per group compared to last year. The two-year agreement means there will be no changes to the billing ranges for the next two years.

They have added the category of "Shareholder Emeritus" so that attorneys with decades of experience, who have stepped back from active firm management, can continue to offer the district the highest level of legal expertise.

File Attachments Dannis Woliver Kelley (DWK) 2022-24.pdf (178 KB)

Lozano Smith Attorneys at Law - Agreement for Legal Services 2022-2023

Type Action

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education approve the Agreement for Legal Services Action for Lozano Smith Attorneys at Law for 2022-2023. PURPOSE:

To renew the legal services agreement with Lozano Smith Attorneys at Law for legal services in the 2022-2023 fiscal year.

BACKGROUND:

Lozano Smith has served as the District's legal counsel for 22 years. They have provided NUSD with legal counsel in a wide variety of areas, including general legal services, business and contract services, construction advice, developer fees, litigation, procurement, and governance. The hourly rate schedule has been in place since 2020, and there are no changes to the rate schedule for the 2022-23 agreement. They have added a new rates for Sale or Lease of Sale Property Work.

File Attachments Lozano Smith 22-23 Agreement.pdf (314 KB)

POLICY UPDATE: Board Policy 1312.3 and Administrative Regulation 1312.3 - Uniform Complaint Procedures

Type Action, Procedural

Absolute Date Aug 04, 2022

Recommended The recommendation is that the Board of Education adopt the updated Board Policy 1312.3 Action and Administrative Regulation 1312.3 - Uniform Complaint Procedures PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the updated board policy and administrative regulation.

BACKGROUND:

This is the first reading of the attached policy. The language is sanctioned by the California School Board Association. California School Board Association notations can be seen in the documents for the benefit of the Board. These notations will be removed from the final, Board approved policies. The administration has reviewed the recommended updates for accuracy and made revisions to reflect district practice. If any revisions are recommended by the Board, the policy will be brought back to the Board of Education for a second reading.

Board Policy 1312.3 - Uniform Complaint Procedures Policy updated to reflect NEW LAW (AB 131, 2021) which renumbers the license-exempt California State Preschool Program code sections, ensures consistency with the California Department of Education's 2021- 22 federal program monitoring instrument, clarifies that districts may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student, add Item #3 to the section regarding "Non-UCP Complaints" that any complaint alleging that a student, while in an education program or activity as specified, was subjected to sexual harassment as defined in 34 CFR 106.30 be addressed through federal Title IX complaint procedures, and clarify in Item #5 that complaints alleging a physical safety concern that interferes with a free appropriate public education is a non-UCP complaint.

Administrative Regulation 1312.3 - Uniform Complaint Procedures Regulation updated to delete outdated and/or repealed U.S. Department of Education's Office for Civil Rights (OCR) references and where appropriate add current OCR material, ensure consistency with the California Department of Education's 2021-22 federal program monitoring instrument, clarify posting requirements for the annual notification, compliance officer contact information and information related to Title IX, add material regarding the requirement for an administrator who is not designated as a compliance officer who receives a complaint to notify the compliance officer, clarify that districts may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student, add descriptions to the OPTION headings for districts that do or do not allow complainants to appeal to the governing board, delete material regarding respondent being sent the investigation report at the same time it is provided to complainant as this simultaneous exchange is not required by law, amend language in regard to pursuing civil law remedies in the notice to complainants included in investigation reports for allegations of unlawful discrimination, harassment, intimidation, and bullying based on state law, clarify when either party may request reconsideration of an appeal by the Superintendent of Public Instruction, and reflect NEW LAW (AB 131, 2021) which renumbers the license-exempt California State Preschool Program code sections.

File Attachments Existing NUSD AR 1312.3 Uniform Complaint Procedures 08.04.2022.pdf (147 KB) Existing NUSD BP 1312.3 Uniform Complaint Procedures 08.04.2022.pdf (127 KB) Recommended CSBA AR 1312.3 Uniform Complaint Procedures 08.04.2022.pdf (140 KB) Recommended CSBA BP 1312.3 Uniform Complaint Procedures 08.04.2022.pdf (85 KB)

POLICY UPDATE: Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures

Type Action, Procedural

Absolute Date Aug 04, 2022

Recommended The recommendation is that the Board adopt the updated Administrative Regulation 1312.4 - Action Williams Uniform Complaint Procedures PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the administrative regulation.

BACKGROUND:

This is the first reading of the attached policy. The language is sanctioned by the California School Board Association. California School Board Association notations can be seen in the documents for the benefit of the Board. These notations will be removed from the final, Board approved policies. The administration has reviewed the recommended updates for accuracy and made revisions to reflect district practice. If any revisions are recommended by the Board, the policy will be brought back to the Board of Education for a second reading.

Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures

Regulation updated to reflect NEW STATE REGULATIONS (Register 2020, No. 21) which amends the definition of "beginning of the year or semester" and NEW LAW (AB 367, 2021) which requires any school serving any of grades 6-12 to, at all times, stock and make available and accessible free of cost an adequate supply of menstrual products in specified restrooms beginning with the 2022-23 school year. The regulation was also updated to clarify that the principal or Superintendent's designee is required to send a written resolution of the complaint to the mailing address of the complainant when the complainant has indicated on the complaint form a desire to receive a response to the complaint.

File Attachments Existing NUSD AR 1312.4 Williams Uniform Complaint Procedures 08.04.2022.pdf (138 KB) Recommended CSBA AR 1312.4 Williams Uniform Complaint Procedures 08.04.2022.pdf (92 KB)

POLICY UPDATE: Board Policy 3270 and Administrative Regulation 3270 - Sale and Disposal of Books, Equipment and Supplies

Type Action, Procedural

Recommended The recommendation is that the Board of Education approve the updated Board Policy 3270 Action and Administrative Regulation 3270 - Sale and Disposal of Books, Equipment and Supplies PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the updated board policy and administrative regulation.

BACKGROUND:

This is the first reading of the attached policy. The language is sanctioned by the California School Board Association. The administration has reviewed the recommended updates for accuracy and made revisions to reflect district practice. California School Board Association notations can be seen in the documents for the benefit of the Board. These notations will be removed from the final, Board approved policies. If any revisions are recommended by the Board, the policy will be brought back to the Board of Education for a second reading.

Board Policy 3270 - Sale and Disposal of Books, Equipment, and Supplies Board policy has not been revised since 2012. The language has been replaced to match the recommended board policy provided by the California School Board Association.

Administrative Regulation - 3270 Sale and Disposal of Books, Equipment, and Supplies Administrative Regulation has not been revised since 2012. The language has been replaced to match the recommended administrative regulation provided by the California School Board Association.

File Attachments Existing NUSD AR 3270 Sale and Disposal of Books, Equipment and Supplies 08.04.2022.pdf (153 KB) Existing NUSD BP 3270 Sale and Disposal of Books, Equipment and Supplies 08.04.2022.pdf (117 KB) Recommended CSBA AR 3270 Sale and Disposal of Books, Equipment and Supplies 08.04.2022.pdf (156 KB) Recommended CSBA BP 3270 Sale and Disposal of Books, Equipment and Supplies 08.04.2022.pdf (258 KB)

POLICY UPDATE: Board Policy 4030 and Administrative Regulation 4030 - Nondiscrimination in Employment

Type Action, Procedural

Absolute Date Aug 04, 2022

Recommended The recommendation is that the Board of Education adopt the updated Board Policy 4030 and Action Administrative Regulation 4030 - Nondiscrimination in Employment. PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the updated board policy and administrative regulation.

BACKGROUND:

This is the first reading of the attached policy. The language is sanctioned by the California School Board Association. California School Board Association notations can be seen in the documents for the benefit of the Board. These notations will be removed from the final, Board approved policies. The administration has reviewed the recommended updates for accuracy and made revisions to reflect district practice. If any revisions are recommended by the Board, the policy will be brought back to the Board of Education for a second reading.

Board Policy 4030 - Nondiscrimination in Employment Policy updated to reflect NEW LAW (SB 331, 2021) which makes unlawful a district's use of a nondisparagement agreement or other document that would deny an employee the right to disclose information about unlawful acts in the workplace, in exchange for a raise or bonus, with respect to any complaint or claim that involves workplace harassment or discrimination, not just those relating to sexual harassment or sexual assault. The policy was also updated to reflect NEW LAW (SB 807, 2021) that makes it an unlawful employment practice for an employer to fail to maintain certain records in accordance with the law, particularly when a workplace discrimination or harassment complaint has been filed with the California Department of Fair Employment and Housing.

Administrative Regulation 4030 - Nondiscrimination in Employment Administrative Regulation has not been revised since 2012. The language has been replaced to match the sample administrative regulation provided by the California School Board Association.

File Attachments Existing NUSD AR 4030 Nondiscrimination in Employment 08.04.2022.pdf (211 KB) Existing NUSD BP 4030 Nondiscrimination In Employment 08.04.2022.pdf (113 KB) Recommended CSBA AR 4030 Nondiscrimination in Employment 08.04.2022.pdf (86 KB) Recommended CSBA BP 4030 Nondiscrimination in Employment 08.04.2022.pdf (74 KB)

Resolution 2022.23.01 - Temporary Borrowing Between Funds

Type Action, Procedural

Fiscal Impact No

Recommended The recommendation is that the Board of Education adopt Resolution No. 2022.23.01 - Action Temporary Borrowing Between Funds. PURPOSE:

To adopt this Resolution No. 2022.23.01, allowing temporary borrowing between funds for cashflow purposes.

BACKGROUND:

In accordance with Education Code Section 42603, the governing board of any school district may direct that moneys held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations. This temporary transfer of funds will be accounted for as temporary borrowing between funds and will not be available for appropriation or be considered revenue to the borrowing fund or account. Amounts transferred must be repaid either in the same fiscal year or in the following fiscal year if the transfer occurs within the final 120 calendar days of a fiscal year. Borrowing will occur only when the fund or account receiving the money will earn sufficient revenue, during the current fiscal year, to repay the amount transferred. No more than 75% of the maximum of moneys held in any fund or account during a fiscal year may be transferred.

File Attachments Resolution No. 2022.23.01_Temporary Borrowing Between Funds.pdf (10 KB)

Motion & Voting The recommendation is that the Board of Education adopt Resolution No. 2022.23.01 - Temporary Borrowing Between Funds.

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

Resolution 2022.23.02 - Declaring Surplus Equipment

Type Action

Recommended The recommendation is that the Board of Education adopt Resolution 2022.23.02 - Declaring Action Surplus Equipment. PURPOSE:

The purpose of this item is for the Board to adopt Resolution 2022.23.02, to declare the listed equipment as surplus.

BACKGROUND:

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

The property as described in Resolution 2022.23.02 includes equipment used at the Maintenance, Operation, and Transportation Department. Staff determined that items are at the end of life and/or beyond economical repair.

File Attachments Resolution 2021.22.39 Declaring Surplus Equipment.pdf (47 KB)

Resolution No. 2022.23.03 - Specifications of the Election Order

Type Action

Recommended The recommendation is that the Board of Education adopt Resolution No. 2022.23.03 - Action Specifications of the Election Order PURPOSE:

For the Board to adopt Resolution No. 2022.23.03 - Notice of School Board Election Consolidation with General Election, November 8, 2020

BACKGROUND:

The terms of two Board of Education Trustees expire on December 9, 2022. Pursuant to Education Code Section 5322, notice is to be given that the School Board election will be consolidated with the November 8, 2020, General Election.

To fulfill the requirements of Education Code 5322, each district's governing board, or an authorized officer thereof, must deliver specifications of the election order in the form of a resolution to the County Superintendent of Schools. Conforms with Board Policy 9220.

File Attachments Resolution No 2022.23.03 - Specifications of the Election Order, November 8, 2022.pdf (246 KB)

Resolution No. 709 - Tie Vote Resolution

Type Action

Recommended The recommendation is that the Board of Education reaffirm the Notice to County Action Superintendent of Schools that Resolution No. 709 remains in effect. PURPOSE:

For the Board of Education to reaffirm Resolution No. 709 - Tie Vote Resolution

BACKGROUND:

On July 2, 1985, the Board of Education adopted Resolution No. 709 regarding the manner of resolution of a tie vote in compliance with Education Section 1118, as amended by Chapter 401 of the Statues of 1976. Routinely at election time, the decision must be made by the Board of Education to reaffirm the resolution for a tie vote. Conforms with Board Policy 9220, Governing Board Elections.

File Attachments Reolution No 709 - Tie Vote Resolution.pdf (36 KB)

Resolution No. 710 - Candidates' Statement of Qualifications

Type Action

Recommended The recommendation is that the Board of Education reaffirm the Notice to the County Action Superintendent of Schools that Resolution No. 710 - Candidates' Statement of Qualifications remains in effect. PURPOSE:

For the Board of Education to reaffirm Resolution No. 710 - Candidates' Statement of Qualifications

BACKGROUND

On July 2, 1985, the Board of Education adopted Resolution No. 710 regarding Candidates' Statement of Qualifications in compliance with Section 10012 of the Elections Code of the State of California.

The candidate is required to pay the costs to the district in advance, pursuant to Elections Code 13307 toward the costs of printing, handling, and mailing a candidate's statement of qualifications in English only (except where otherwise required by law) the district will incur the remaining cost. This conforms with current Board Policy 9220

File Attachments Resolution No 710 - Statement of Qualifications.pdf (60 KB)

Williams Uniform Complaint Quarterly Report April 1, 2022 to June 30, 2022

Type Action

Absolute Date Aug 04, 2022

Recommended The recommendation is that the Board of Education approve the Williams Uniform Complaint Action Quarterly Report for the period of April 1, 2022 to June 30, 2022. PURPOSE:

The purpose is for the Board of Education to receive and approve the Williams Uniform Complaint Quarterly Report for the period of April 1, 2022, to June 30, 2022.

BACKGROUND:

Education Code 35186 requires that the Superintendent of a school district report summarized data on the nature and resolution of all complaints filed under the Williams Uniform Complaint Procedures to the local Board of Education and the County Superintendent of Schools on a quarterly basis. The report must include the number of complaints by general area, the number of resolved and unresolved complaints, and be publicly presented at a regularly scheduled Board meeting. The attached report is presented to the Board for the period of April 1, 2022, to June 30, 2022.

File Attachments Q123 UCP Report.pdf (215 KB)

Motion & Voting The recommendation is that the Board of Education approve the Williams Uniform Complaint Quarterly Report for the period of April 1, 2022 to June 30, 2022.

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

Monthly Purchase Order Report

Type Action

Recommended The recommendation is that the Board of Education approve the Monthly Purchase Order Action Report as presented. PURPOSE:

The purpose of this item is to present a monthly report on Purchase Order transactions per Board Policy 3300, Expenditures and Purchases.

BACKGROUND:

Based on the discussion at the Board's Study Session on January 6, 2022, the staff is providing a monthly report on Purchase Order transactions per Board Policy 3300, Expenditures and Purchases. The policy states that "The Board shall review all transactions entered into by the Superintendent or designee on behalf of the Board every 60 days."

File Attachments Monthly Purchase Order Report 08-04-2022.pdf (99 KB)

Motion & Voting The recommendation is that the Board of Education approve the Monthly Purchase Order Report as presented.

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

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, 2022, through July 31, 2022.

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 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.

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 at the first Board meeting of each month.

On June 16, 2022, Amended Resolution 2020.21-025 was approved. The amendment extends it to on or around June 30, 2023, and states that updates will continue to be presented at the first Board meeting of each month.

VENDOR DATE PO NUMBER DESCRIPTION AMOUNT N/A *

*There were no contracts or purchase orders to report for the period of June 1, 2022, through July 31, 2022.

Warrant Report for June 2022

Type Action

Fiscal Impact No

Recommended The recommendation is that the Board of Education approve the Warrant Report as presented. Action PURPOSE:

The purpose of this item is to present warrants, for the total amount of $1,917,484.98, made from District funds for June 2022.

BACKGROUND:

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

File Attachments Warrant Report June 2022.pdf (421 KB)

Motion & Voting The recommendation is that the Board of Education approve the Warrant Report as presented.

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

Quarterly Report on Contracts - FY 2021-22

Type Action

Fiscal Impact Yes

Budgeted Yes

Budget Source General Fund

Recommended The recommendation is that the Board of Education receive the Quarterly Report on Action Contracts. PURPOSE:

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

BACKGROUND:

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

Contracts are on file in the Business Office.

File Attachments FY 21-22_Q3 Contracts over $10K.pdf (9 KB) Geoff Vu_2021-22_fully executed_redacted.pdf (115 KB) SENECA1.PDF (499 KB) SENECA2.PDF (414 KB) RGMKRA~1.PDF (1,625 KB) ProCare Therapy_2021-22_fully executed.pdf (3,800 KB)

Motion & Voting The recommendation is that the Board of Education receive the Quarterly Report on Contracts.

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

Minutes of the June 14, 2022, Special Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approve the minutes of the June 14, Action 2022, Special Meeting of the Board of Education.

PURPOSE:

For the board to review and approve the minutes

BACKGROUND:

The attached minutes are reflective of the June 14, 2022, Special Meeting of the Board of Education. The meeting may be viewed on the NUSD YouTube Channel HERE

Minutes of the June 16, 2022 Regular Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approve the minutes of the June 16, Action 2022, Regular Meeting of the Board of Education.

PURPOSE:

For the board to review and approve the minutes

BACKGROUND:

The attached minutes are reflective of the June 16, 2022, Regular Meeting of the Board of Education. The meeting may be viewed on the NUSD YouTube Channel HERE

14. 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.

Board Committees 2022-23

Board Adopted on 12/16/21 Representative Alternate

Mission Valley Regional Occupational Center/Program (ROC/P) 1. Terrence Grindall 1. Bowen Zhang Executive Board

Regional Policy Board of Special Education Local Plan Area (SELPA) 1. Bowen Zhang 1. Alicia Marquez

Newark Teacher Induction Advisory Council (Formally EBIC) 1. Alicia Marquez 1. Aiden Hill

Audit Committee 1. Alicia Marquez2. Aiden Hill1. Terrence Grindall

Bond/Parcel Tax Committee 1. Terrence Grindall2. Phuong Nguyen1. Bowen Zhang

                                                                    1. Phuong Nguyen

City of Newark � NUSD Liaison Committee 2. Terrence Grindall 1. Bowen Zhang

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.

15. 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.

16. ADJOURNMENT

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 adjourn the meeting to 9:07 P.M.

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

No minutes available.