Regular Meeting

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[402] Mark Triplett: All right, if everyone could have a seat. We're going to get started. Wonderful. Thank you. So good evening. I'm Superintendent Mark Triplett. It's very wonderful to see you all here. We're very excited to be conducting the oath ceremony prior to us starting our board meeting. And so this auspicious occasion is to inaugurate and have our two new board members joining us. And so to do so, we invited our new mayor, the Honorable Mike Hannon, to come and he is going to officiate the swearing in the oath ceremony. So without further ado, I'm going to turn it over to the mayor.

[457] SPEAKER_09: It's always amazing, I've been in office one week and they're already putting me to work. It's really important for me to be here. When you think of community, you think of residential, you think of commercial, industrial, but the most important thing in my mind that really attracts people to any community are its outstanding schools and its outstanding teachers. And I'm really pleased to be able to be here to welcome Kat Jones and Nancy Thomas back to the to the Newark Unified School District board because we need a strong board. We need a board that's really going to focus in on our children and the quality of the education that our children receive. I was at the Star Academy yesterday and to see some of the brilliance of some of these young people in our community just makes me as a community member proud because I know that is a direct result of the hard work that our teachers do in making sure that our kids receive the best education they can. I'm fortunate that I have two children that are teachers. They both are high school teachers. So I have a great deal of respect for what it takes to be a teacher in any community. And so with that in mind, I welcome this opportunity for the city and the school district to continue to work together because we share the same results, the quality of education, the quality of residential, the quality of commercial. Those are the things that all make up an outstanding community. I'm pleased to be a part of that and thank you Kat and Nancy for the opportunity to be here to swear you in as you now are going to take your seats and hopefully serve our community as I would expect in an outstanding fashion. So with that being said I'll welcome Kat Jones. And because Lucia likes to give me documents that are like four four font. I thought I'd better take off my glasses so I can read the darn thing. So Kat, please raise your right hand and repeat after me. I, Katherine Kat Jones. I, Katherine Kat Jones. Solemnly swear or affirm.

[579] Kat Jones: Solemnly swear or affirm.

[581] SPEAKER_09: That I will support and defend the Constitution of the United States.

[585] Kat Jones: That I will support and defend the Constitution of the United States.

[588] SPEAKER_09: And the Constitution of the state of California.

[590] Kat Jones: and the Constitution of the State of California.

[593] SPEAKER_09: Against all enemies, foreign and domestic.

[595] Kat Jones: Against all enemies, foreign and domestic.

[598] SPEAKER_09: That I will bear true faith and allegiance. That I will bear true faith and allegiance. To the Constitution of the United States. To the Constitution of the United States. And the Constitution of the State of California.

[608] Kat Jones: And the Constitution of the State of California.

[611] SPEAKER_09: That I take this obligation freely.

[613] Kat Jones: That I take this obligation freely.

[615] SPEAKER_09: Without any mental reservation.

[617] Kat Jones: Without any mental reservation.

[618] SPEAKER_09: Or purpose of evasion. and that I will well and faithfully discharge the duties upon which I am about to enter. I was like those I always love those tongue twisters that I will well say who wrote this. I'm blaming Jefferson. Nancy Thomas. Nancy please raise your right hand and repeat after me I Nancy Thomas. Solemnly swear or affirm. That I will support and defend the Constitution of the United States.

[681] Nancy Thomas: That I will support and defend the Constitution of the United States.

[685] SPEAKER_09: And the Constitution of the State of California.

[687] Nancy Thomas: And the Constitution of the State of California.

[690] SPEAKER_09: Against all enemies, foreign and domestic. Against all enemies, foreign and domestic. That I will bear true faith and allegiance. That I will bear true faith and allegiance. To the Constitution of the United States. To the Constitution of the United States. And the Constitution of the State of California.

[705] Nancy Thomas: And the Constitution of the State of California.

[707] SPEAKER_09: that I take this obligation freely without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I'm about to enter.

[726] Nancy Thomas: Outstanding. Congratulations.

[745] Mark Triplett: Thank you so much, Mayor. Another applause for the Mayor. Awesome. So congratulations. Welcome to both of you. We're really excited to begin this new era of the board and the district. So at this point, we have a chance to just enjoy each other's company. We will start closed session at 6. And so until then, Happy to take photos with family. I think we have some, there we go, light refreshments in the back. Everyone's welcome to join. And then we'll start the official session at six o'clock. All right, thank you.

[2086] Phuong Nguyen: Good evening and welcome to the December 15, 2022 regular meeting of the Board of Education. NUSD has opened its boardroom for an in-person meeting 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 COVID-related symptoms. To observe the board 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. In regards to 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 advanced notice required requested by email at public comment at Newarkunified.org, a written comment by submitting a speaking card via email at publiccommentatunified.org, or with live in-person comments by submitting a speaker card with our executive assistant, Ms. Gutierrez. And with that, may I have roll call, please? Oh, I'm sorry. Meeting is call to order at 6.02 p.m.

[2171] SPEAKER_42: Student member Torres, please. Student member Torres.

[2176] Diego Torres: Huh? Did I just say here? Yeah.

[2177] SPEAKER_42: Oh, here. Member Thomas. Here. Member Jones. Here. Member Zhang. Here. Member Hill.

[2184] SPEAKER_32: Here.

[2184] SPEAKER_42: President Nguyen. Here. All present.

[2188] Phuong Nguyen: And before the approval agenda, I just wanted to welcome officially our two new board members who are now on the dais, member Kat Jones and member Nancy Thomas. Welcome. Okay, so may I get a motion to approve the agenda as is?

[2209] Bowen Zhang: I will move to approve the agenda as it is.

[2216] Phuong Nguyen: May I get a second, please?

[2217] Aiden Hill: I second.

[2218] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Hill. How do you vote, Student Board Member? Yes. How do you vote, Member Thomas? Yes. How do you vote, Member Jones? Yes. How do you vote, Member Zhang?

[2231] SPEAKER_32: Yes.

[2232] Phuong Nguyen: How do you vote, Member Hill?

[2233] SPEAKER_32: Yes.

[2234] Phuong Nguyen: And I'm also a yes. Six ayes. Thank you. We will be moving into closed session. And in closed session, we will be discussing item 3.2, public employee discipline dismissal release. Item 3.3, conference with labor negotiators, NTA and CSCA. Item 3.4, conference with labor negotiators, NEWMA, unrepresented supervisors, and contracted management. Item 3.5, Conference with legal counsel, anticipated litigation. 3.6, conference with legal counsel on existing litigation. And 3.7, student expulsion. We will be recessing to closed session now. Thank you.

[5020] SPEAKER_42: So we'll be most likely starting the meeting late as well, at 7 o'clock. I don't have estimated time yet.

[9383] Phuong Nguyen: Good evening and welcome. Thank you everyone for coming tonight. We are back from closed session. We apologize for the delay. I do have one item to report out from closed session on item 4.1. Closed session, I'm sorry, closed session item 6.5, conference with legal counsel, anticipated litigation. In closed session, the board considered the claim of Wanda Paulson, claim number 614842 and decided to reject the claim by the vote of 5-0. Motion made by myself and seconded by Member Thomas. Thank you. On to our next item, Pledge of Allegiance. Is there a student in attendance that would like to lead us with the Pledge of Allegiance? No? Okay. Please all rise. Please begin.

[9444] SPEAKER_29: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

[9461] Phuong Nguyen: Thank you. Our next item is Recognitions and Celebration 6.1, recognition of our outgoing board member, Dr. Triplett.

[9475] Mark Triplett: Thank you, President Nguyen. Good evening to the board members, to staff, to teachers, families, and students, and community members. We wanted to start this evening with a recognition of one of our outgoing board members, Mr. Terrence Grindell. Mr. Grindahl, if you could come up to the podium, please. So I wanted to say a few words about Mr. Grindahl. Terrence Grindell has served the students of Newark Unified School District as a member of the Board of Education for two years and has been a loyal, dependable board member, having contributed countless hours of service in an effort to improve school district programs. Mr. Grindahl has devoted significant time and effort serving as the representative for committees such as the Mission Valley Regional Occupation Center, the City of Newark, Newark Unified School District Liaison Committee, the Bond Parcel Tax Committee, and the Audit Committee. Terrence Grindell has been an active leader and participant in numerous community organizations, including serving as president of the Newark Rotary Club, board member and two-time past president of the Optimist Club, board member and past president of the Newark Education Foundation, and board member of the Bay Area Homeownership Alliance. We want to congratulate, commend, and express our deep gratitude and appreciation to Terrence for his service to the school district and community and the Board of Education. We extend our sincere appreciation and best wishes for the future. And I just want to add a few adjectives to what staff has said, how they experienced Terrence conscientious, solution-oriented, with deep insights into classroom experiences from his experience, substitute teaching in other districts. Terrence has visited schools, he's actively participated, asked good questions, been active in the greater community, and we deeply honor and appreciate the vision that you have held for a better Newark and a better Newark Unified School District. So on behalf of the district, we want to appreciate you and thank you very much. We have some gifts and a certificate.

[9635] Terrence Grindall: Can I say a couple of words? Yes.

[9637] SPEAKER_32: Please do.

[9639] Terrence Grindall: I'll keep it short. You guys are running late already. First off, thank you for the opportunity to address you. I want to congratulate the new members who were just sworn in. Welcome to the school board and welcome back to Nancy. And thank you for your service to our students and community. I'm confident that you will work tirelessly to improve our school district and maintain a positive direction for the district. My time on the school board was the most rewarding experience of my life. I value the opportunity to help our students and community, and I'm proud of the part I played in the district's accomplishments, which I will not list. I particularly want to thank staff, students, teachers, and my fellow board members for all their support and collaboration. The visits to the schools and interaction with the children were some of the highlights of the process, and I highly recommend if board members haven't carved out time on their calendars, visiting schools and being a part of what's happening at the schools is a very valuable experience. As I leave the school board, I want to state that this is not the end of my support for improving our schools. I'll continue to work to see real improvement of our schools. As part of that, I'll be rejoining the Newark Educational Foundation, and the NEF will be continuing to support the district. You'll be hearing more about the NEF in the future. By the way, it is the Educational Foundation, just in case you're looking it up, because there is another Education Foundation that does different stuff. Anyway, I want to wish you the best, and thank you all for your service, and thank the whole district for being a part of an incredibly positive chapter in my life.

[9752] Phuong Nguyen: So thank you. Hold on. Would any other board members like to comment? Student board member Torres.

[9769] Diego Torres: Thank you. That was a wonderful speech, Mr. Crandall. Thank you for being a part of the board, and I'm so sad that you are leaving. It's been a pleasure working with you and getting to know you over these past couple months, and I'm so sad that you're going to be going. I hope you do well in whatever life comes your way. Thank you.

[9784] Phuong Nguyen: Thank you.

[9785] Nancy Thomas: Member Thomas? Just wishing you well, and thank you for your service on the board over these past two years. And I hope to see you actively involved with the Newark Educational Foundation to bring a lot of good resources into the district. Thank you.

[9804] Phuong Nguyen: Thank you. Thank you. Member Jones?

[9808] Kat Jones: I also want to just say thank you very much for everything that you have done for the district. So thank you.

[9815] Phuong Nguyen: Member Jones?

[9817] Bowen Zhang: So Terrence, I know you from the Optimist Club before you got onto the board. And I'm pretty confident that at that point, even before you got onto the board, you were already a very active member that's serving and volunteering for our community. And I'm confident even after you get off the board, you will continue to be engaged, continue to be involved in organizations such as Optimist Club, Newer Educational Foundation, whose main mission is to serve our underserved students. So I hope you continue to be involved and engaged. Thank you.

[9848] Phuong Nguyen: Thank you. Member Hill.

[9851] Aiden Hill: Member Grindel, thank you for your service and happy holidays. Thank you.

[9855] Phuong Nguyen: Thank you. And lastly, Member Grindel, it is truly been a pleasure and honor to serve with you on the board and the Bonpars Tax Committee and the NUSD Liaison Committee. You have helped me tremendously in our role, in your role as vice president on the board, always there to support me, fellow board members and the superintendent and staff. Most importantly, you have continuously supported the students and families in our district. You are involved. You're involved and went and sought for yourself at the site level and experienced a day in the life of an NUSD student. You have made a positive lasting impact, not only in the last two years while serving your term as a board member, but as a community leader in multiple organizations in Newark, that support the school district and the students. For that, we are forever grateful. I will miss serving beside you and your humor on days where the meetings are long like this one and contentious. Thank you for your hard work, service, and dedication to this board, district, community, and students. Thank you.

[9922] Terrence Grindall: Thank you. Thank you very much. Have a good night.

[9936] Phuong Nguyen: On to 6.2, School Spotlight, Birchgrove Intermediate. Dr. Chiplett.

[9941] Mark Triplett: Thank you, President Nguyen. So I'm delighted to be showcasing and spotlighting Birchgrove Intermediate this evening.

[9957] Mark Triplett: And this evening is Birchgrove Intermediate, which just happens to be the alma mater of one of our new board members. Ms. Olivia Wong, and start the presentation.

[9978] SPEAKER_35: Thank you, thank you. Good evening, President Nguyen, board members, Superintendent Dr. Triplett, cabinet, and the Newark Unified Community. I am happy and honored to be here today. My name is Olivia Wong. I'm principal VGI, and I am excited to share with you some of the fabulous things we're doing at our school. but also representing our Bulldog community. At Birch Grove Intermediate, we continue to stay rooted in our mission and vision, which is to provide rigor and independence through STEAM, problem solving, and character development. Our vision is to provide a safe, inspiring, and innovative learning community. And as you can tell in that photo, we start that with furniture. A lot of our students have some flexible seating, and they take good care of it, but they also use it. This year, we were able to take a look at our CASP data from the 21-22 school year. And as a reminder, the last set of data that we had was in 2018-2019, prior to our pandemic. So you'll see here that our teacher, of course, all of our teachers were very anxious and curious to see how our students did. And you'll notice that with ELA and mathematics, our students were able to meet or exceed in ELA at 59.47% and in mathematics at 56.36%. So we had a very happy little celebration of the scores just because we understood that our students were coming back in person and were expected to rise to the occasion with state testing. And so it goes to the efforts and the heavy lift that our teachers did for the school year as we returned. As we go into the school year, we still do our data checkpoints and our benchmarks. And in this year, we are continuing with iReady. And we're looking at grades three through five. And we're noticing that our trends are starting to continue, and we still have some work to do. As you notice, our green line there is for our students who are performing at or above, which is that range of 45% to 68%. and then our far below or below students are still in that 20% range. So looking at these trends, having our teachers have the opportunity to collaborate and to discuss and to come together to think of strategies is just part of our culture in our school. We continue to have some of the staples with our committees and we're using these teams to really drive our goals and our missions within our school site. And part of that is to stay in collaboration with our district with our computer science initiative. So what we did was we took the topic of computer science to our committees in our community and we provided a digital, a BGI digital literacy survey. And so we asked our families questions like this. What are your biggest concerns? Are there any topics you wish you had more information about and help with? And in this sample, it just shows that our families really do want technology in our students' lives, but their concern here was media balance and tech addiction. How much screen use is too much? And so we're finding in our results from this survey was that our families welcome the use of technology, want our kids on platforms, but they're still navigating how to handle a digital life, social media, and having their young students on technology platforms. So with this computer science initiatives, we decided to implement a digital citizenship. And part of that is to partner with Common Sense Media. Common Sense Media is a nonprofit organization. It provides resources for teachers, parents, and students on how to navigate technology, but also how to develop good habits of mind when using technology and creating an online presence. And so our teachers are starting to look at those lessons, implement a few in the classroom, and really creating that foundation for our students to go into more of a science engineering future. Part of this falls into our PBIS strategies because as we know SEL was a very important piece for our return to school and continues to this year and so I am proud to announce that BGI was recognized as moving into the gold status as the California PBIS coalition. We received this announcement early in the year. And again, it just goes to the testament of our teachers who are following the systems. They're creating what they know works for our kids. And they are making it work. And luckily, we were able to be honored with this this year. And we'll receive a beautiful banner to post at our school. I am excited to also announce that starting in January, we will be partnering with MOCA Arts. This organization is going to bring to us an artist twice a week to provide lessons in the classroom with our teachers to help our students dive into visual arts, but also create that connection between California visual arts standards and to be the A in STEAM as we go into this school year, the rest of the school year. So this will start in January. And we're all excited to have this because it's a live person who will be coming to campus. Not Zoom. And of course, we are having several exciting events at BGI. Parents are volunteering. Kids are getting excited to do things at school and just be part of a larger community. And if you notice the picture of the shoe, That is just a sample of the perseverance our students had. The child started the reindeer run and completely finished the race, so excited he was done, and he was missing a shoe. Didn't realize it, and he just says, Ms. Wong, I just couldn't stop. I needed, I had to finish across the finish line. I'm like, great job. Now let's go find your shoe. But it just shows that our students are so excited to be part of these events. And they just have so much fun. And they really enjoy being part of the bigger community as we all come together as a grade three through five school. In closing, I just want to say thank you. We have a wonderful event that we do two to three times a year. This year, we're going to start in December. It's STEAM Week. You are invited to come visit. It is next week, December 19th through the 22nd. And it's great to come see our kids in action. They will be conducting projects and doing some activities in the classroom. So you're welcome to join us. And thank you very much for your time.

[10419] Phuong Nguyen: Thank you, Mrs. Wong. Student board member Torres, do you have any comments or questions?

[10425] Diego Torres: So I would first like to start off with, can you tell me about some of this artwork behind you? Because I'm kind of jealous because some of it is way better than what I could do.

[10432] SPEAKER_35: Yes, I would. The artwork that you see on the wall behind me is a mix of different art. You'll notice that the beginning part is where students are talking about being a digital citizenship superhero. And what would you do if something were to happen online and how do you handle that? So they created a little image there. And then we have some Picasso art in the center of the board. as well as beginning of the year activities where teachers ask students what is the history of their name. And so it's a way to get to know our students through arts and culture and the students present on their name as they create the art. And then of course at the end there, we have a little bit more art that is done in the classroom with some other activities in all our classrooms.

[10482] Diego Torres: Thank you. And if we can go back to one of the earlier slides. Oh, this one right here. So it's interesting that you put up the statistics of the diversity of the school. I was just wondering if the staffing also represents that type of diversity.

[10503] SPEAKER_35: That's a good question. At this point, our staff actually shrunk this year. So we're down to 11 teachers. And we do not have such a diverse staff as our students.

[10516] Diego Torres: 11 teachers? Oh my gosh, that is crazy.

[10517] SPEAKER_35: Well, technically 12, but 11 classrooms.

[10520] Diego Torres: Oh, OK. Thank you. And also, it kind of makes me, because I was also a student of Birch Grove Intermediate when it first opened up. And it just makes me so sad, because I was like, oh, I miss those days. And the reindeer run, as you said, is very important, because you can't lose. You don't want to be considered the slow ones. So I'm glad that you brought it up, because it's really important. And I'm glad to see all the work that you're doing, especially with the STEAM. Because when I was there, it was not like that at all, and especially with the art program. So I'm just glad to see that students have the opportunities to now take advantage of their passions. Thank you.

[10551] Phuong Nguyen: Thank you, Student Board Member Torres. Board Member Thomas?

[10555] Nancy Thomas: I really like the fact that you have a survey of the parents around the use of technology and digital learning. I think that that's very important that we listen to the community and the parents, and I'm glad that you are doing that. I like your test scores. Thank you. Would love to see more about the disaggregated test scores and what they tell you, and maybe the growth or not growth from pre-pandemic. Thank you. Thank you.

[10588] Phuong Nguyen: Thank you, Member Thomas. Member Jones?

[10591] Kat Jones: Thanks, that was really fun. It was really fun to hear about the school and what's happening this year after retiring last year. And I've really enjoyed, and yes, I agree, the reindeer run is really cool. It's a really good thing and the kids love it. So thank you very much.

[10608] Phuong Nguyen: Thank you. Thank you. Member Zhang.

[10610] Bowen Zhang: My name is Wang Yu. Came in the middle of the pandemic during a very difficult period of time. Glad to see the result. that you achieve with this school by looking at a score. And thank you for your wonderful work.

[10623] Phuong Nguyen: Thank you. Member Hill.

[10626] Aiden Hill: Principal Wong, thank you for the great presentation. Could you flip back to the slide that was the parent survey? Sure. Great, thank you. OK, great. And just out of curiosity, it says 75 responses. Do you know how many people it ultimately went out to?

[10645] SPEAKER_35: We were surveying our three through five. So we have around 357 parents. And so out of that, we ended up with around 100, 105. OK, great. Thank you very much.

[10660] Phuong Nguyen: Thank you, Ms. Wong, for the presentation. I, too, really appreciate the fact that you guys did survey the parents and the community about the computer and digital usage in class and how they feel about it. I think it gives a strong gauge. in showing that, yeah, you know, we all want to encourage tech use, but at the same time, we want to make sure that the students are protected in a way that it is learning for them to be able to use it in a responsible manner. So I think that's really great to showcase. And also, congratulations on the continued hard work at the school and with all your teachers. So thank you so much. Thank you. On to item 7.1, employee organization. Do we have any? OK. We have our NTA representative here to speak tonight. Welcome, Mr. Bruese.

[10759] Sean Abruzzi: I just want to thank all my members out there. Thank you. For all you with those little green signs. Can you hold those up for me, please? Green sign. Thank you. In-house subbing. August, this board, this district put it out that we need in-house subbing. Nothing. Why isn't this brought up at every school board member? You're burning ourselves. need our prep periods. We need them. You want to sit there and increase this education? We need in-house subbing. That should be the top priority of this district. Getting the members, getting the school, getting the district people out here. I see the signs in the district office. I don't see them at the sites. I saw the superintendent's newsletter. Hey, I'm happy for the athletic department. I'm happy for those refillable things. But I didn't see anything about in-house subbing. It hurts. We're stressed out. We're burned out. We're having a hard time trying to keep it together. And we're not getting that support. Thank you again for those signs. I appreciate it. Now, I want to congratulate Kat Jones and Nancy Thomas for being new board members and for winning those open seats. NTA would like to sit there and open up an invitation to try and have this communication with the board and its biggest labor partner. I will be sending out an email to all board members asking what dates and times work for you. Hopefully, I will get some response. I am down to listen to what you think we need to do. And hopefully, you'll be listening to what our concerns are. But again, I'm just going to keep it short. Congratulations to both of you. And I'm looking forward to some bright futures in the next school year. Thank you again. And thank you again for those signs. Put those up again for me, please. Thank you.

[10888] Phuong Nguyen: Thank you, Mr. Brusey. Any other public speakers tonight? Okay. On to agenda item eight, annual organization of the Board of Education. Item 8.1, receive certification of November 8th, 2022 general election board trustee results. Dr. Triplett.

[10910] Mark Triplett: Thank you, President Nguyen. So I'm going to lean on Ms. Gutierrez for this annual organization section. Ms. Gutierrez, you want to start?

[10918] SPEAKER_42: Yeah, this is just a formality of documents received from the Alameda County Voters Registrar's Office that the board has to accept, which are the results of the 2022 election.

[10930] Phuong Nguyen: Great. Thank you. With that, may I get a motion to approve this agenda item to receive the certification? Great. Motion made by Member Jones. May I get a second? I'll second that motion. Seconded by Member Thomas. We won't be voting through board docs tonight just because we haven't been able to get everything situated. So I will go ahead and do roll call vote. Student Board Member Torres?

[10964] Leonor Rebosura: Yes.

[10965] Phuong Nguyen: Member Thomas? Yes. Member Jones? Yes. Member Hill? I mean Member Zhang? Yes. Member Hill? Yes. I'm also, yes, six ayes. Agenda item approved. Welcome, you're officially on board. On to item 8.2, signature card mid-year revision. May I get a motion to approve? I will approve. Great. Motion made by Member Thomas. May I get a second, please?

[11009] Bowen Zhang: I will second that.

[11010] Phuong Nguyen: Seconded by Member Zhang. Student Board Member, how do you vote?

[11014] Diego Torres: Yes.

[11015] Phuong Nguyen: Member Thomas? Yes. Member Jones? Yes. Member Zhang?

[11019] SPEAKER_32: Yes.

[11019] Phuong Nguyen: Member Hill? Yes. I'm also a yes. Six ayes on item 8.2. On to item 8.3, election of officers. Presidents, may I get a nomination for president?

[11033] Bowen Zhang: So given President Nguyen and myself, we've been present the past two years, so I would look at the other three board members to take over as president. And given, I guess, Member Thomas being here for 16 years before, and you attended training, so you are the most experienced among the three remaining board members. So I would nominate Member Thomas to be the next president of the board.

[11055] Phuong Nguyen: Thank you. I will second. Student board member, how do you vote?

[11060] Leonor Rebosura: Yes.

[11061] Phuong Nguyen: Member Thomas? Yes. Good, you're not declining. Member Jones? Yes. Member Zheng? Yes. Member Hill? Yes. I'm also a yes. We have six ayes. OK, on to the election of officers for clerk, vice president. May I get a nomination for vice president, please?

[11082] Bowen Zhang: So I will nominate Member Hill to be the VP. Given Member Hill didn't really get time or chances to do any trainings before, I think this will be a good on-the-job training opportunity for him to take over as president after this. Alas, Member Hill is not interested in being the VP this time.

[11100] Aiden Hill: Thank you, Member Zhang. I accept your nomination.

[11104] Phuong Nguyen: May I get a second? I'll second. All right. Member Torres, how do you vote?

[11110] Leonor Rebosura: Yes.

[11111] Phuong Nguyen: Member Thomas?

[11112] Leonor Rebosura: Yes.

[11113] Phuong Nguyen: Member Jones? Yes. Member Zheng? Yes. Member Hill? Yes. No turning back now. I'm also a yes. Six ayes.

[11124] Bowen Zhang: And just want to make a quick comment. Do you think Member Hill is strongly encouraging him to do training?

[11130] Phuong Nguyen: Yes. I am in agreement with Member Zhang. I do encourage Member Hill to take, make training the Masters in Governance as soon as he can.

[11142] Aiden Hill: I think it would be good for all the board to go through this. I think that would be an excellent idea.

[11150] Phuong Nguyen: All right, on to appointment of superintendent as secretary of the governing board. May I get a motion to approve item 8.5?

[11157] Nancy Thomas: I move that the superintendent be the secretary of the board.

[11162] Phuong Nguyen: Thank you, Member Thomas. May I get a second? I'll second that. Motion made by Member Thomas, seconded by Member Zhang. Student board member, how do you vote? Yes. Thank you. Member Thomas, how do you vote?

[11172] SPEAKER_32: Yes.

[11173] Phuong Nguyen: Member Jones? Yes. Member Zhang? Yes. Member Hill? Yes. I'm also a yes on item 8.5. On 8.6, adoption of board policy manual, they get a motion to approve.

[11190] Nancy Thomas: I would make a motion to approve, but I would like to discuss it also.

[11194] Phuong Nguyen: OK. Sure. I'll open up the floor for discussion.

[11200] Nancy Thomas: OK, do you want to second it?

[11202] SPEAKER_14: I second.

[11203] Nancy Thomas: OK. I'm going to vote yes on this. But I want the public and the board members to understand that we've done some research, Ms. Jones and I, and I've had a conversation with Mrs. Lucia, sorry, Gutierrez, Ms. Gutierrez. There are a lot of policies that need to be updated that were copied from the old gamut into the new gamut. There's 64 of them that are not showing up on the new gamut because there's problems with the numbers or titles. They're visible to staff, and it will be to board members, but not to the general public. So those 64 policies need to be adjusted, and they can be brought back in one fell swoop because they're approved policies that we have. They just have problems with being indexed in the CSBA California School Boards Association system. There's also 34 policies that are unique to Newark, and their titles vary from CSBA's. They just need to be reviewed to ensure that we still want them. And then there's nine policies that should be removed. And so I think it's going to be important that we move forward on that. When we accept the manual, What we're given to accept is a table of contents for the various policies, but not the actual policies themselves. So I think in the future, we should be able to compile and have a full actual manual of all of our policies that can be read. In the meantime, I've provided the board with a tabulation or a compilation of our board bylaws. easy readable form and I've asked Mrs. Gutierrez to make that available maybe on the on the website on board docs under the additional what is it called the additional right okay so so that if the public wants to see them also so um given that I I would call for the vote any other comments member Hill

[11351] Aiden Hill: Yes thank you yeah and I echo member Thomas's sentiments but I'd also like to just encourage that as we go through this process that I'm certainly fine with CSBA providing their boilerplate input to policies and we don't necessarily need to you know review every single component of I mean to question that because again theoretically they're the expert However, when we do have policies that are on a more of a localized basis that that we definitely have an opportunity to discuss that because Again CSBA is not going to weigh in on that on that and then also if there are any Any input that is coming from outside CSBA I think that we need to have visibility into that as we review and approve these so that's my input. Thank you.

[11403] Phuong Nguyen: And are you Your second still stands Thank you. Motion made by Member Thomas, seconded by Member Hill. Student Board Member, how do you vote?

[11411] SPEAKER_32: Yes.

[11412] Phuong Nguyen: Member Thomas? Yes. Member Jones? Yes. Member Zhang?

[11415] SPEAKER_32: Yes.

[11416] Phuong Nguyen: Member Hill?

[11417] SPEAKER_32: Yes.

[11417] Phuong Nguyen: I'm also yes. Motion 8.6 has been approved with six ayes. 8.7, adoption of the Governance Team Handbook. Anybody else have a question other than or comment other than Member Hill? Member Hill, you have the floor.

[11437] Aiden Hill: Thank you. Yes. So I'm happy to vote to approve this this evening. But again, it's sort of standard practice that we revisit our handbook on a regular basis. And oftentimes, we do that when we have, after an election, we have new members. And I do have something that I'll be requesting at the end of our session around a modification to the governance handbook. And I'll cover it at that point. Thank you.

[11466] Phuong Nguyen: Great. Thank you. I'm also in agreement with Member Hill that we do occasionally or periodically review the governance handbook and make changes and update it to it since it is a live document, living document. With that said, I will second the motion to approve. Sorry, sorry, member, who made the motion? Member Hill. And seconded by myself. Student Board Member Torres, how do you vote?

[11496] SPEAKER_32: Yes.

[11497] Phuong Nguyen: Member Thomas? Yes. Member Jones? Yes. Member Hnang?

[11501] SPEAKER_32: Yes.

[11502] Phuong Nguyen: Member Hill?

[11503] SPEAKER_32: Yes.

[11504] Phuong Nguyen: I'm also yes. Six ayes on 8.7. Setting the regular meeting times. Any comments? Otherwise, may we get a motion to approve?

[11517] Nancy Thomas: Meeting times? And the meeting times are 7 p.m.? Yes. I move approval.

[11528] Phuong Nguyen: Okay, great. Can I get a second?

[11530] SPEAKER_32: I'll second.

[11532] Phuong Nguyen: Okay. Member Thomas, motioned to approve the regular meeting times and seconded by Member Jones. Student Board Member Torres, how do you vote?

[11541] SPEAKER_32: Yes.

[11542] Phuong Nguyen: Board Member Thomas, how do you vote? Yes. Board Member Jones? Yes. Member Hsieh?

[11548] SPEAKER_32: Yes.

[11548] Phuong Nguyen: Member Hill? Yes. I'm also a yes. Six ayes on 8.8. I apologize, I know I'm going to mess up one of your guys' names tonight because I already had it all memorized before. But anyways, on to 8.9, set regular meeting dates. I just want to appreciate staff for including the conference dates and other, and our spring breaks and discounting them this time. and our winter break, so thank you for that. If there's no objection to the current schedule, may I get a motion to approve?

[11587] Nancy Thomas: I would like to actually ask that we change our meeting dates to Tuesdays, first and third Tuesdays as opposed to the first and third Thursdays. Several reasons. One is that it will allow us to go to the CSBA Conference because that's usually at the first part of December Also our end-of-year promotion ceremonies might interfere We had Tuesdays before it worked out very well, but I guess the most important reason I'd like to suggest that we move to Tuesdays is that That way we would with 72 hours notice required we'd be able to get the agendas on Friday evenings as opposed to to Monday evenings. And especially for the people that work, they would have the weekend then to find some more time to do their due diligence in looking at the agenda items. So that would be my request. And my request would be that we would begin that in July, because there are already conflicting meetings that would happen between now and July. So I would ask that it begins on July 1, 2023. Also, I would request, and this would just be a request, that we receive the agendas on Friday evenings between now and then. So that's my request.

[11685] SPEAKER_42: Just a clarification point. July is recess. Did you want June of 2023?

[11691] Phuong Nguyen: No. I think it should start in August 2023. I mean I I think we should bring back the dates if everyone's in agreement.

[11704] Nancy Thomas: They would what I think what the next step would be is that at the next meeting the dates be brought back for us to approve.

[11711] Phuong Nguyen: Yes that's what I'm yeah okay perfect so we'll pull this item.

[11716] SPEAKER_42: At this point is there a motion to move to Tuesday's or do you want to see the dates first?

[11721] Phuong Nguyen: Let's let's motion to move to Tuesday and then we will remove this item and bring it back for approval of the dates for approval?

[11730] Nancy Thomas: Well, can we get approval to move to Tuesday starting next year and then bring the dates themselves for approval separately? Yes, that's what I'm asking. Oh, OK. So, yeah.

[11742] Mark Triplett: Sorry, just for clarity, Member Thomas, could you just repeat your motion again?

[11746] Nancy Thomas: My motion is that beginning in August of 2023, that we move our meetings to the 1st and 3rd Tuesdays.

[11756] Phuong Nguyen: Okay, may I get a second? I can second that. All right, student board member, how do you vote?

[11764] SPEAKER_32: Yeah.

[11765] Phuong Nguyen: You're voting, you're voting. No, I'm just kidding. I was just gonna tease you, but you know, you're impacting your fellow, your fellow student for next year. I'm just kidding. Anyways, um, uh, member Thomas? Yes. Member Jones?

[11784] SPEAKER_32: Yes.

[11784] Phuong Nguyen: Member Zheng?

[11786] SPEAKER_32: Yes. Member Hill? Yes.

[11788] Phuong Nguyen: I'm also, oh yes. Okay, and in regards to the actual dates, can we bring that back please for a vote on our next meeting? Thank you. Item 8.10, appointment of board representative to Mission Valley Regional Occupational Program Governing Council. Member Hill, you have a question?

[11815] Aiden Hill: Yes, so I have a question because we have a number of committee appointments here But I'm I'm just a little confused because on the recommended action Sometimes the recommended action that is said that we're we want to appoint a board representative to a particular committee but then there are other committees where Staff is recommending that we keep the existing members and sometimes the existing members are not are not on the board anymore. And so I'm just curious kind of why certain committees or there's a recommendation that we keep certain members and then other times where we're asking for new members. I'm just curious.

[11860] Phuong Nguyen: Ms. Gutierrez.

[11864] SPEAKER_42: I'm just looking through them and I think we're just going to. It was past practice for some of these but we were supposed to appoint new because of missing members so I think it's a complete typo on my part. I do apologize.

[11879] Phuong Nguyen: So we are here tonight to reappoint everyone because we have new board members and we've also had members that have left um and so I think that it's okay for us to appoint all I mean a representative and an alternative for both uh for all of the

[11900] SPEAKER_42: Correct. And just the ones that do say reappointment, again, apology on my part. It was just a typo that needed to be deleted. I will go through each item so that you know which ones have one representative and one alternate, or two representatives and one alternate. But at this point, all of them should reappoint. OK.

[11921] Nancy Thomas: Yes, Ms. Holmes. Is it possible to look at all of them and have board members? just as part of the discussion, discuss which ones they would prefer as a first and second choice. Is that possible?

[11935] Phuong Nguyen: Because I think we can have a discussion now. I mean, like if you if so, it's the first one is for Mission Valley RLP. Currently, it was member Zhang and Member Grindel, but we're just going to reappoint. So if you're if anybody is interested, we will we can make the you know, we'll we'll discuss it right now and then we can appoint.

[11960] Nancy Thomas: Oh, OK, then at the end we can appoint?

[11963] Phuong Nguyen: Right now, like if you're interested in it, you can just say, I'm interested in being a representative for Mission ROP. Or if you're interested in being an alternative, you can also state that. And then we'll go down and we'll list out whoever's interested in all of them. And so we can have a picture.

[11983] Nancy Thomas: Yeah, I was on the ROP board for many years. But I'm sure Mr. Zhang is doing a great job. And if he wants to continue that, I would have no problem with that. I would like to be considered for the liaison committee. But other than that, I have no choice, no first choices.

[12003] SPEAKER_42: OK. Just for clarity for the board, for this one, this does require one representative and one alternate.

[12009] Bowen Zhang: Yeah, so I'm currently the, I just swapped with former member Gwendolyn. I'm currently the alternate. Member Thomas wants to be the active board member. Obviously, you can be the active board member. I will continue to be the alternate, and starting recently, this is a required in-person meeting. Online option is no longer available for this meeting. So you will need to physically show up to the Mission Valley ROP on, I believe it's Tuesday or Thursday afternoon, 3.30 p.m.

[12041] Nancy Thomas: And you can't do that?

[12042] Bowen Zhang: There's no more Zoom anymore.

[12044] SPEAKER_42: I do apologize for interrupting. Member Zhang, is your mic on? And if so, can I'm just please make sure it's close. Yes.

[12050] Bowen Zhang: So recently, there's no more online option for this one. So anybody who is an active woman, you will need to physically show up to the to the center for the meeting.

[12059] Nancy Thomas: So I would defer to the rest of the board. I don't that not being my first choice. I'm fine with not doing it unless someone else wants to do it.

[12067] Bowen Zhang: Can you show up physically? I can show up. Sure. Well, then I think you might be a better member, I will continue to be the alternate because I cannot guarantee to be physically there every time. Do you want to be there? No, that's fine.

[12080] Phuong Nguyen: Okay. Member Thomas, would you like to be on the mission ROP as our representative? Okay, sure. Member Hill, are you, do you have any interest in? Okay, great. All right, Member Thomas and alternate is Member Zhang. Okay, I motion that Member Thomas be the representative and Member Zhang to be the alternate. May I get a second? I'll second. Thank you.

[12108] Phuong Nguyen: Yes. Member Thomas? Yes. Member Jones? Yes. Member Zhang? Yes. Member Hill? Yes. I'm also a yes. Six ayes. Okay, on to appointment of Board of Representatives to the Regional Policy Board of Special Education Local plan area, SELPA.

[12132] Bowen Zhang: So again, this committee also stated once we finish the last virtual meeting of this year, starting next calendar year, it's physical meeting. There's no more Zoom session. So anybody that wants to be on this committee, you'll need to show up on site for this meeting. Sometimes the meeting is 8.30, 8 a.m. in the morning, sometimes it's 4 p.m. in the afternoon. is really during the working time. Six months ago, I actually wanted to get off, but I didn't get a chance to get off.

[12162] SPEAKER_42: And just for information for the board, we have included in the background of the agenda the following meetings and times.

[12168] Phuong Nguyen: Great, thank you. Okay, anyone interested in SELPA?

[12173] Kat Jones: I would be interested.

[12178] Phuong Nguyen: Okay, great.

[12183] Bowen Zhang: So I can get off the get off this committee because, like I said, the time sometimes is challenging.

[12191] Phuong Nguyen: Okay, and I will be the alternate. May I get a motion to approve our appointment?

[12199] Bowen Zhang: So I move that we appoint Member Jones to the SELPA committee and Member Nguyen as the alternate.

[12207] Phuong Nguyen: Thank you.

[12210] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Torres. Student Board member, how do you vote?

[12213] SPEAKER_32: Yes.

[12215] Phuong Nguyen: Yes. Member Jones? Yes. Member Zhang? Yes. Member Hill? Yes. I'm also yes. Six ayes. 8.12 appointment of board representative to Newark Teacher Induction Advisory Council. Anyone interested? Member Hill?

[12239] Aiden Hill: I'm currently on that. Okay. I'm happy to stay, but if there are others that have a passion for that, I'm happy to defer to them and be an alternate or not be on at all. But I'm happy to stay in that position if there is an interest on other people's part.

[12259] Phuong Nguyen: All right. Anybody else?

[12267] SPEAKER_42: Just for information for the board, we do need an alternate for this but for this committee they are flexible and able to work with the board's schedule if needed.

[12279] Phuong Nguyen: I will volunteer to be the alternate. May I get a motion to approve the appointment?

[12288] Bowen Zhang: I move that we'll reappoint member Hill as the current board representative and appoint member Nguyen as the alternate to the EBIT committee.

[12297] Phuong Nguyen: Megan, second. I second. Thank you. Motion made by Member Zhang, seconded by Member Hill. Student Board member, how do you vote?

[12305] SPEAKER_32: Yes.

[12305] Phuong Nguyen: Member Thomas?

[12306] SPEAKER_32: Yes.

[12307] Phuong Nguyen: Member Jones? Yes. Member Zhang? Yes. Member Hill?

[12310] SPEAKER_32: Yes.

[12311] Phuong Nguyen: I'm also yes. Six ayes for the Teacher Induction Advisory Council. 8.13 appointment of board representative to the Bond Parcel Tax Committee. I'm currently on there and I would like to stay. and make it an alternate, please. Okay, great. Thank you, Member Jones. May we get a motion to approve the appointment for the bond parcel tax committee?

[12344] Bowen Zhang: I move that we reappoint Member Nguyen to the bond and parcel tax committee and appoint Member Jones as the alternate.

[12356] Mark Triplett: Sorry, a point of order. We just noticed there is three, there's two members and then an alternate that are required for this committee.

[12366] Phuong Nguyen: Okay. So, Member Jones, would you like to be the second representative alongside me? And then we will ask for an alternative. That sounds fine. Thank you. Going once, going twice, no takers.

[12384] SPEAKER_42: Just for the board's reference, this is also a committee that is flexible and work the board themselves for the most part. That's the times for the meeting.

[12401] Phuong Nguyen: Okay, great. Thank you. So, can you edit your motion?

[12409] Bowen Zhang: So, I move that we appoint member Nguyen and member Jones to the bond and parcel tax committee and appoint member Hill as the alternate to the committee.

[12418] Phuong Nguyen: Thank you. I will second that. Student board member, how do you vote? Yes. Member Thomas? Yes. Member Jones? Yes. Member Zheng?

[12426] SPEAKER_32: Yes.

[12426] Phuong Nguyen: Member Hill? Yes. I'm also yes. Thank you. Item 18.14. I'm sorry, item 8.14. appointment of board representative to audit committee.

[12439] SPEAKER_42: And President Nguyen, this one also requires two board members and one alternate.

[12444] Phuong Nguyen: I would like to be on there along with Member Hill. I'm sure he still would like to be on there. Is there any reason why Member Hill can't if he's vice president?

[12454] SPEAKER_42: Only the president.

[12456] Phuong Nguyen: Okay. So since Member Thomas is president, she cannot serve on this audit committee. So Member Hill, you are safe to stay on the committee. And I would like to be a part of that committee. And we need one alternate.

[12472] Kat Jones: I'd also like to be on it as an alternate. Can I come to the meetings? Or am I unable to come as an alternate?

[12483] SPEAKER_42: So you are able to come, but as an alternate, if both members are present, then you do not vote. OK.

[12491] Kat Jones: Because it is something that I'm very interested in. I'd like to be the representative, but if the only other option is the alternate.

[12501] Mark Triplett: Yeah, sorry. I'm sorry. I believe that you wouldn't be able to be present. Yeah, because there's three. They can watch. You could observe, but you wouldn't be able to participate.

[12520] SPEAKER_42: You would not be able to provide input at all. No public comment, things of that sort.

[12525] Kat Jones: I'd like to fight for representative, if that's possible.

[12531] Phuong Nguyen: I sat on the committee before and then stepped down because I was the president this last year.

[12541] Bowen Zhang: That's also the reason I stepped away, because the president cannot serve on the audit committee.

[12549] Aiden Hill: So having been on the audit committee now for two years, And the first year, there really wasn't a lot of activity, partly because of COVID.

[12565] Aiden Hill: And I've noticed that there's a benefit in having some fresh perspectives come in. And we've recently had a new non-voting member who's brought fresh perspectives. And I think it would be great, given Member Jones's tenure as a teacher in the district, and having a different perspective that It would be great to have her join this committee and bring potentially some new ideas.

[12594] SPEAKER_42: Are you pleading for her as a second or are you pleading for her as a replacement for yourself?

[12612] Aiden Hill: Do I need to make a motion?

[12616] Phuong Nguyen: Right now there is no motion on the floor.

[12619] Aiden Hill: Okay, so I make a motion to appoint myself and Member Jones as voting members for the Audit Committee with Member Nguyen, if she's okay, as an alternate.

[12635] Nancy Thomas: I'll second that.

[12638] Phuong Nguyen: Student Board Member, how do you vote? I like you either way it's fine.

[12650] Diego Torres: Yes.

[12652] Phuong Nguyen: Member Thomas. Yes. Member Jones. Yes. Member Shenk.

[12657] SPEAKER_32: Yes.

[12658] Phuong Nguyen: Member Hill. Yes. Okay I'm a yes also. All right item 18.15 City of Newark Unified I have been serving on this, and I would like to stay. Considering I didn't get the audit, I hope you guys don't reject this.

[12683] Nancy Thomas: Okay. And I would like to be on it as well.

[12686] Phuong Nguyen: Perfect. Anybody else as an alternate? May I get a motion, please, to approve the appointment? Sorry, President. Who would be the alternate?

[12696] SPEAKER_42: We haven't had one yet. We can move forward with two appointments. The board pleases.

[12704] Phuong Nguyen: Anybody else would like to be an alternate, Bowen? No. Member Zhang. Sorry. I'll do it. OK. Great. Thank you. Make it a motion to approve the appointment.

[12718] Nancy Thomas: Yeah. I move that member Jones be the alternate and that members Thomas and Nguyen be the members for the liaison committee.

[12731] Phuong Nguyen: Thank you so much. I will second that. Student board member, how do you vote?

[12734] Diego Torres: Yes.

[12735] Phuong Nguyen: Member Thomas?

[12736] Diego Torres: Yes.

[12736] Phuong Nguyen: Member Jones? Yes. Member Zhang? Yes. Member Hill? Yes. I'm also yes. Six ayes. All right. That was pretty painless. So on to public comment 9.1. We do have quite a few. And I want to apologize ahead of time about pronunciations of names because it's kind of hard to read some penmanship sometimes. And I'm also bad with names. Can you hear me? Oh, sorry. We're starting with public comment. And I do want to apologize ahead of time regarding name pronunciations. If I get it wrong, please correct me. The first, our first speaker is Ms., or, I'm sorry, I don't know if it's Ms. or Mr., but it's... I can't even read the spell. Karianne Permo? Oh, Karen. Karen, welcome.

[12818] SPEAKER_17: That's Mr., thank you.

[12820] Phuong Nguyen: Apologies.

[12820] SPEAKER_17: My apologies, you don't like my cursive. So, hello, members of the board. Hello, members of the district. Hello, everyone here. My name is Kieran Primal, and I've been teaching at Newark Memorial High for the past five years. I have gone to many a sporting event. I've gone to almost all the drama events. I've helped limp the music department at Newark Memorial for several years. I've gone on several buses to help supervise constant events for music and for sports. I've even gone to a soccer match in Santa Rosa to say that I don't support the students would be silly. But you heard earlier today there is too much subbing going on for the staff at Newark Memorial. As of Monday, the total number of hours that have been subbed by teachers at Newark Memorial is 665. That is 665 hours that teachers have not been able to grade their students' work. That is 665 hours that teachers have not been able to lesson plan. That is 665 hours that teachers have not been able to collaborate with their peers. That is 665 hours that teachers have not been able to email parents or reach out and support other students. That is 665 hours that teachers have not been able to properly support and build scaffolds for students who need more help. It is untenable to have your current teachers subbing so much. You need to find permanent subs. It is necessary and you need to start doing it. Similarly, at Newark Memorial, we have three campus monitors for a campus of 1,500 students. We have more than three buildings at Newark Memorial. If, and this is quite regular, if a campus monitor is needed, it can take up to 10 minutes for that call to have someone come to a staff member's room. That is a problem as well. If there is an emergency or if a staff member needs a campus monitor to come to them for whatever reason, there needs to be a better response time to that. I am not blaming the current administration for that delay. I'm not blaming the current campus monitors either. There aren't enough of them. and they are not regularly enough of them on campus if one of them is sick or one of them is out, as is quite often this year, there's not enough people to respond. To make sure that your campus is safe, so to make sure that students are safe, and to make sure that their educations are as good as they can be, you need to hire more subs and you need to hire more campus monitors. Thank you.

[12998] Phuong Nguyen: Our next speaker is Meg Gallagher-Bell.

[13006] SPEAKER_37: Hi, I'm Meg Gallagher-Bell. I am also a history teacher at Newark Memorial High School. And I love this school. I love working at this school. It is a wonderful fit for me. And I love working with the students, and I love working with my team. But I am very concerned about several different things. This in-house subbing is some nonsense. Also, we have way too many non-teachers and people who have no business being in a classroom, teaching things that they have no experience with, teaching teenagers who they've never worked with before, and they are expected to just do it without any help. And of course, that has to do with the salaries that are not being raised and that are not being talked about in order to be competitive with all these other districts around here. And that has to do with the hemorrhaging of teachers from this district, 22% gone from last year. That is significant. And as much as I love working at this school, and I think it is a wonderful fit, and I do love my team, that's an incentive if all of these other students districts are paying so much more. I don't know why those of us who are still here still fighting to try to keep this school going when it seems to be falling apart around us. What is this motivation to stay here? It is it is slowly dripping away. In addition to that I have a specific complaint regarding reimbursement for Summer Institute that I was promised I would be reimbursed for I got it written into documentation last year I Had to do a training for AP I took up the AP world history courses here and I was recommended to do a summer Institute and I said, okay, I'll do it But it's almost it's six hundred and seventy five dollars So I'm willing to do this if I get it in writing that I will be reimbursed for this. Because I have heard of this happening in the past where teachers have paid for these things before and not been reimbursed. I have it all in writing. Yes, absolutely. I was absolutely assured. I got all of the paperwork in as soon as this AP Summer Institute was done. June. June. I have not been paid. I have asked. several times and gone through several pathways. And I am not the only teacher in this position. So it does feel especially disrespectful to not get paid what the teachers are getting paid around us, to not get paid for a training I was promised to be reimbursed for, to be subbing constantly. I am exhausted. And those of us who are really dedicated teachers who are trying our best to do the best for the kids, and these kids are taking even AP courses that there is no teacher for. So we're trying to help them with that as well. Thank you.

[13224] Phuong Nguyen: Oliver-Bell. Next speaker is Ms. Laura Knoop.

[13238] SPEAKER_40: Hello, some of you I know, some I teach. My name's Laura Knoop. I have taught in this district. This is my 28th year, which shows that I love it and possibly that I'm insane. Because once again, as my colleagues have said, we are dealing with the same problems just over and over. We continue to be underpaid. We are in-house subbing. I personally have in-house subbed 37 times this year. If you want to think about how many days we've had this year, that's pretty much half of my prep. And I do it voluntarily, but because I don't want the other teachers to have to do it. A brand new teacher doesn't have time to be doing this. They need to be prepping. I've been here 28 years, so at least I kind of have prepped before, so I can rush through it or whatever. But it's not fair. It's not fair to us. It's not fair to the kids. It's not fair to anybody. You can't say we can't get subs. We just need to pay the subs more. We also need to respect the subs more and not move them from the high school to the elementary school when they take a job, because people don't come back after that, because people who sign up for high school don't actually want to go to the elementary. Nothing against the elementaries, but you guys get it, right? Other thing I really want to talk about is teacher retention. I love this district, and I love my colleagues. And yet, I have to meet brand new colleagues every year. We lost so many at the high school last year. We will lose the same number this year, especially if we don't get a decent contract. I know. I talk to people. I am the site director for the NTA this year. People tell me, I'm looking for a job. I'm looking for a job. You won't see me next year. People who are close to retirement are thinking about retiring early. I'm thinking about retiring early. I'm 52 years old. I hope to make it to 55 at this point. I don't know. I'd love to make it to 63, but I doubt that's going to happen. And the last thing I just want to mention is safety. I have always loved this school and felt safe at this school, and I don't. I had an individual enter my room and attack one of my students this year, and I felt like I got zero response to it. Nothing changed. We don't have more campus monitors. We don't have quick response time from the office, from the campus monitors. People sometimes have to call the office four or five times before they get someone answering the phone. It takes, like people have said, 10 or so minutes. The campus is huge. We need to find ways to keep our kids safe, to keep me safe, to keep my colleagues safe. We're not. I mean, I was pretty much traumatized. Wasn't sure I'd make it through this year because of that event. Because I love this place. I love my students. Ask Diego. I love my students. I tell them all the time. I am there for them, and I want to be there for them. But you guys have to do something about it. Please do something to keep us here. Because I don't know. I mean, Meg said we're holding things together, and that's literally it. We're holding things together. But when are we going to get back, backing up? When are we going to have our backs? We need you to have our backs, because we want to be here. Please have our backs. And by the way, welcome to our new members.

[13437] Phuong Nguyen: Thank you, Ms. Knoop. Our next speaker is David Hernandez.

[13449] SPEAKER_15: Good evening, Board of Trustees, Superintendent, and NCAA members, staff, and community. I'm David Hernandez. I'm the Executive Director for the Newark Teachers Association, CTA. It's far in between that I speak to this board, but tonight I speak to a new board, and I'm elated about that, a board that gives me hope, a board that gives me hope in leading Newark in a path that is going to retain the highly qualified educators you have now and to recruit from a pool of new and qualified educators who are looking for greater opportunities. We talk about Newark being a destination district, but how can it be when you continue to lose educators? Newark cannot afford to lose employees to neighboring districts. When the shortage of educators across the state, districts with lower salaries are left with the most openings, putting burden on the staff that you have now. Your employees are tired, stressed, overworked due to the lack of personnel. Newark is already in the middle of the two highest paid districts in the county. The state of California gave school districts a 6.5% COLA with an additional augmentation dollars with both bringing that total to about 13%. You as well as I know that the CPI The consumer price index for the Bay Area is higher than the state of California. Over the last 12 months, the CPI increased by 6%. Food prices rose 10%. Energy prices increased 25.9%, largely due to the results of the increase in price of gasoline. The index for all items less food and energy increased 4.1% over the year. You have not kept up with inflation. Newark is not a destination district. You will continue to lose employees. Veterans staff are talking about leaving because their districts are opening up their salaries and years of experience. I urge you to take a leap and do what is right to retain and recruit highly qualified educators. Remember that they are your program. And your program should drive the budget, not the budget driving the program. So I am hoping that this new board is going to be very serious about where we are in bargaining and that you're looking to do the right thing by your employees. Thank you.

[13622] Phuong Nguyen: Thank you, Mr. Hernandez. Our next speaker is Daniela Ceballos.

[13635] SPEAKER_05: Buenas noches, board members and families of Newark. My name is Daniela Ceballos. I teach second grade DLI in Spanish in Chile. I did my master's in elementary education with an emphasis in bilingual education and dual language education. I also did a certification on DLI programs implementation, a ton of professional development paid by my pocket in dual language and language development. And however, as prepared as I am to teach my students, it is not enough. My students need more than just a teacher and their family supporting them. The DLI students need assessments that are based on dual language research, not monolingual research. They need materials delivered on time like math books and reading books at the beginning of the school year, not in December. They need teachers who receive professional development for dual language education paid by the district. They need teachers who receive a stipend to honor the specialized knowledge and talent that we bring to the program and the extra work we do. The DLI students and all the students in Newark Unified need teachers who receive a competitive and fair salary. They need more support from the district and the board. Every day, the DLI students come ready and prepared to spend their day learning in two languages. They work hard and are accomplishing so much. Their families are supporting them and the program. They provide home support when it comes to homework and language exposure. The Newark DLI program, it is what it is right now because thanks to the hard work of the students, their family, and their teachers, We always keep students at the center when making decisions for this program. So I asked the board today, how can you, the board of Newark Unified, and the members of the administration team show up to support our amazing DLI program? Keep us in the table when it comes to decisions about curriculum, funds distribution, and decision that pertain to the program so we can help Newark Unified to provide the best learning experience for the DLI students. We want our shielding community to be a role model of excellence when it comes to biliteracy. You have the power to help us accomplish that, so I invite you to use that power.

[13785] Phuong Nguyen: Thank you, Ms. Velas. Our next speaker is Lupe Lopez. Welcome.

[13801] Guadalupe Lopez: Hello, Honorable Board Members and Superintendent Triplett. I am Lupe Lopez, a longtime Newark resident and a Newark business owner. Parent to past Newark School District graduates and a founding member of Avanzando, a non-profit organization that supports students to pursue a higher education. I want to thank our outgoing board member, Terrence Grindell, for his support for our community. I also would like to congratulate our newest elected member, Nancy Thomas and Kat Jones. I would also like to extend my appreciation to board members Fang, and I won't even try to pronounce your last name. It's OK. And Bowen, I won't try either. Student member Diego Torres. and Aiden Hill for the very challenging years they have had and for the progress they have made that has been seen, felt, and seen, especially by the Latino families. I hope the newest member of the board can understand that I stand before you with concerns from the Latino community that is concerned by the lack of representation on the board and the fear of what this will mean to our Latino families who may feel like they lost their voice in this lack of representation. I want you to all know that Latino leaders in Newark will be paying attention and will hold the board members accountable if they fail to fairly represent our community. I also want to express my support for Superintendent Dr. Triplett and the hard work he has been putting into trying to make necessary changes to our school district. He and his staff deserve better recognition for staying the course and not letting the constant work complex and negativity reflect on their desire to work in our community. I hope that the board does not regress into past overreaches by some board members that are alienated school leaders and cast them to leave. We need continuity. and I hope that this board allows the school leaders and teachers to do the job they were hired to do so. Thank you, teachers. Thank you, staff. Lastly, I am wishing you all health, laughter, and joy in this holiday season. Feliz Navidad y Prospero Año Nuevo. Thank you.

[13960] Phuong Nguyen: Lopez. Our next speaker is Branch Brewster.

[13973] SPEAKER_50: Good evening board members, Dr. Triplett and members of the executive cabinet. I am a fourth and fifth grade teacher at Lincoln Elementary School and I'm here tonight for a few reasons. First is to express how much I love Newark and this community. And second is to share some honest and heartfelt concerns that I see and experience while working in this district. I came to Newark in 2019 and I quickly fell in love with the small town feel and the neighborhood school that we have at Lincoln. Everyone from staff to students to parents were always so welcoming and helpful. I decided right away that I wanted Lincoln to be my forever school. I wanted to become part of this community and make a difference to the students of Lincoln. And I still feel that way today. That being said, I am noticing some very serious concerns that are affecting my ability to make the biggest impact I can in this community I love. Please allow me to share some of these concerns with you now. And please know that these concerns come from a place of love and of caring and and for a desire for our district to improve. My first concern is constant subbing in other classes. My colleagues at the high school have made it pretty clear, but it is happening in elementary as well. Since we've gotten back from Thanksgiving break, I've lost at least one prep every single week. Some of my colleagues have lost even more than that. So I know I'm not alone in that. In fact, in this school year, it feels like I've lost almost as many preps as I did for the entirety of last year, and it's only December. Pulling preps should be a worst case scenario, not the norm, and it seems like every single day, there's an email, we need coverage in this class, we need coverage in that class, so it should not be the norm. I would love to see people from the district office who have their credential come down and support our school sites as much as possible. With all of my responsibilities, losing prep puts me behind and makes it harder and harder to keep up with everything that I need to do. And that trickles down to the students as well. My second concern is the limited intervention opportunities at elementary school sites. At my site, we have limited reading intervention and no math intervention at all. About 75% of the reading intervention slots we do have are for the primary students who need support in learning to read. This means our fourth and fifth graders are competing for a tiny number of spots. Students who need reading intervention are being left out. Students who need math intervention are out of luck, too. I'm doing everything I can, but in a combo class with 29 students, there is only so much I can do. There's only one of me to go around, and I can't help everyone all at the same time. I have several students who are in need of serious math intervention, but there is only so much I can do in a day. The worst feeling I've had as a teacher is when a student asks me for help and I can't help them because there are 10 other students in the room across two grade levels who need help at the exact same time. I can't do it all and I can't do it alone. Intervention for both math and reading should be fully funded and supported and implemented at all school sites. As I mentioned before, I love Newark and I love Lincoln. I still want to make it my forever school, but lately I have been reevaluating my future in this district. I told myself that if Kat Jones and Nancy Thomas did not get elected, I would make plans to leave NUSD after this year. The fact that you two sit up there now gives me hope for the future. I call upon this board to support our teachers, direct the district to give us a fair salary in the contract negotiations, and address the concerns I have outlined above. I'm very much looking forward to what this board can do. Hopefully it is enough to keep me and the teachers like me in Newark. One of this district's goals is to recruit and retain high quality teachers. It's time to show us that you mean it. Thank you.

[14217] Phuong Nguyen: Thank you, Mr. Houston. Our next speaker is Shaun Fuller.

[14229] SPEAKER_23: Good evening. Two of our district norms are to assume positive intent and to speak your truth. So I'm here to speak my truth and my intent is positive. I have no agenda nor frankly do I enjoy public speaking to an adult audience. I served my country in the U.S. military for eight years and I've taught in Newark Unified for 16 years. So my adult life has been dedicated to the service of others not myself. My only desire is for the children of this district to receive the education and services they deserve and that teachers are valued and treated fairly. I love the Newark community and I adore our kids. Yes, we have a teacher shortage in this country and in this state. However, it is my belief that this is absolutely not responsible for the majority of the staffing issues we're dealing with here in Newark. At the junior high school, we have vacancies that could easily be filled if not for the annual exodus of NUSD teachers to surrounding districts. Teachers aren't moving out of the area or even leaving the profession in large numbers yet. They're going to Fremont and New Haven, where they have access to more resources, planning time, and salaries that are far higher. At the junior high school, we have an RSP position that has been open practically the entire year. Kids are not receiving the services they qualify for and deserve. IEPs are not being adhered to. Teachers who have interviewed have turned down the position, undoubtedly due to an uncompetitive wage. And quite frankly, this district's less than sterling reputation. How could or who could have filled this position? Lacey Lawson, Rochelle Bautista, Camille Reyes, Breonna Miller, all of whom are working in SPED classrooms right down the street in New Haven. I should also mention Catherine Centeno and Laurie Eddings in Fremont, Loretta McCarthy also in New Haven. There's Alexa Bloom and Sherry Haskin in Pleasanton and Livermore, Mindy Rogers in Alameda, Kira Terrell in San Jose. And these are just the names I could come up with in a short period of time today. I have missed 25 preps in the first 78 days of school to sub in classrooms, roughly one-third of my planning time. And I am far from the only one on my side who can say this, and there is no end in sight. It's one thing to fill in when a co-worker is out, but quite another to be asked constantly for months to sub due to an inability to staff our school. I haven't lost 25 preps in my entire previous career, and I'll likely hit 60 this year at the current rate. I have conferred with many teachers from surrounding districts, and despite what district admin have suggested, this subbing issue is not happening at anywhere near the level it is at our site and the surrounding communities. This is simply unsustainable and unacceptable. My question is simple. What incentive do we have to return to NUSD next year? How will you retain the teachers we have, match the surrounding district salaries, and be able to fully staff your site so that I don't have to give up 60 preps again next year? One thing about a teacher shortage is that we are in high demand. What will you do to compete for us? Because I'm telling you, we are headed for an even larger exodus of quality teachers in Newark at year's end if things don't change and change drastically. Likely a savings for you, but a loss for our kids. The morale in NUSD is at an all-time low. Teachers are realizing they could be welcomed into surrounding districts, give up years of service and still come out ahead financially, and get the prep time they deserve. And no, a 10% raise isn't going to cut it. Bottom line, our kids and teachers deserve better, much better. I sincerely hope this board can make decisions that will steer us in the right direction for change. I am hopeful, and I hate feeling embarrassed to work for a district that I was once proud to represent. Thank you.

[14442] SPEAKER_38: Thank you, Mr. Fuller. Our next teacher.

[14447] Phuong Nguyen: Our next speaker is Brian Foster.

[14463] SPEAKER_14: Thank you members of the board. I know some of my former students are watching football right now if it hasn't ended yet and I wanted to explain why I'm not there to teach them this year as they wanted me to. On April 28th, the district involuntarily reassigned me to the junior high school due to some staff's written complaint that my public comments at the board, which you're all aware of and are on YouTube, about Apex created a hostile work environment. I later learned that the complaint was actually written on May 10th after my reassignment. My public comments were actually designed to end Apex as a policy matter, not as an individual attack. Even in my very first Apex comments, I noted that we were all complicit in this deceit. Seemingly in violation of my Fifth Amendment due process rights, the district never shared with me the May 10th complaint. They still haven't. I appealed the district's decision. In response, the district initiated an independent investigation conducted by her own in-house legal counsel. In my June 17th interview, your district's lawyer did not ask me for a single piece of evidence supporting any of my claims about Apex. It was clear that this investigation was not interested in the truth, so I started looking for alternate employment, which I obtained on August 1st. On August 2nd, NUSD granted my release and wished me well. One week later, on August 9th, NUSD sent me a certified letter announcing the results of their independent investigation. Seemingly in violation of my Fifth Amendment due process rights, the district never provided me with their report, still haven't. On August 23rd, NUSD sent me another certified letter, but mailed from your law firm's Sacramento office. This letter informed me that the district reported my resignation to the California Teacher Commission, the CTC, making it appear that I was fleeing persecution from an ongoing investigation. One week ago today, I received a packet from the CTC that included the May 10th complaint and the district's investigation report. Other than the testimony of the complaining staff, your attorney did not present a single piece of evidence disproving any of my public comments, not one. She never interviewed any regular teachers, including all those here, many of whom have told me many things about APEX and their students. They didn't even talk to the people who've been assigned to APEX labs. who are even more critical than I was, and they could verify that. Instead, she chose to believe the complaining staff whose consistent stories outweighed my one story. Your investigator tried to prove my ignorance since I did not know that Apex had prerequisites. Your lawyer considered failing the class a prerequisite, which I don't think is true. But if it is true, then your executive cabinet's reasoning for Apex taking an average of only 19 hours to complete that there was no need to retake material already mastered is also wrong, and last year you made decisions based on those falsehoods. Which brings me to tonight. I would request that you read both the full complaint and the report against me, and if you find it as ludicrous as I do, that you conduct a real investigation into Apex, which I would be more than happy to help you with free of charge. And if you so find, as I have, that it is full of holes, then I would ask that you immediately form the CTC, that you rescind your district's complaint against me, because they are going to conclude their investigation of me mid-January. Thank you.

[14661] SPEAKER_38: Thank you, Mr. Foster. Our next speaker is Ms.

[14665] Phuong Nguyen: Elisa Martinez. Thank you, Ms. Welcome, Ms. Martinez.

[14673] Elisa Martinez: Hi, good evening, Board President Nguyen, Board. Congratulations to the newly elected Ms. Jones, Member Jones and Member Thomas, Superintendent Triplett and Executive Cabinet. I'm here mostly to speak to the new board members. The last couple of years, obviously, you're hearing from our teaching staff. Of course, it's been very challenging. And then as a board, the last few years, this board has made some very difficult decisions to bring some stability from a financial perspective. And I just wanted to, you know, really thank the leadership that this past board has given, and superintendent, all the amount of work that took place to make that happen. These were not easy decisions, right? Involved school closures, it involved of the creation of the middle school and a ton of work all during the pandemic. And so, again, I just wanted to, you know, really thank you for that. And I don't know that I'll use the word celebrate for that. I think it's really thank, because it's things that needed to happen. And as a result, though, of course, there's a lot of challenges, there's still a lot of support and a lot of us that feel very positive with the direction things are going in. There are other challenges, right, that you as a board will deal with, but with regards to the structural changes that needed to happen that are allowing you to focus on some of the educational changes or curriculum changes, structures, I really celebrate that. And I wanted to bring that again to, you know, this new constituted board. I ask that you continue to support the superintendent and team Please don't get derailed by our one superintendent, our one board member that loves to create a circus almost every meeting. That's not constructive. It is not constructive. And it's hard enough. You're hearing it on a daily basis, how hard it is. Please, let's focus on supporting our executive cabinet and doing their job. Superintendente Triplett, nuestra comunidad lo apoya. Superintendent Triplett, Executive Cabinet, I want you to know that our community believes in the work that you're doing to bring our community along. You've got our support and we are confident and would like to be confident that this new board will continue to support your team and you, Superintendent. Thank you very much for the opportunity.

[14852] SPEAKER_38: Thank you, Ms. Martinez.

[14855] Phuong Nguyen: Our next speaker is Nicole Izant.

[14857] Julienne Sumodobila: Welcome.

[14863] Nicole Izant: It's not going. Oh, OK. Magic. Hi, my name is Nicole Isand. I grew up in Newark. I went to Milwaukee, Newark Junior High, Newark Memorial High School. I went to UC Berkeley. And I also have a master's from Universidad Complutense Madrid. So I love Newark. I think it's a great place to educate your kids. And I just want to let the teachers know that I'm speaking from experience. And I'm a successful person now. So I appreciate everything you've done. And I really empathize with your situation. But it's a situation we've heard for a long time. I just want to remind everyone that even though, Member Thomas has been elected newly after a brief hiatus. There were a lot of issues related to salaries and other economic issues during the tenure not too long ago. And I just really hope that you're coming back with some new ideas and fresh perspectives. And that's the comment there. My comment that I really want to talk about tonight is at the last board meeting, I think it was on the 5th, we had several students talking and student athletes and coaches. They talked about a part, they participated in a process to make recommendations. And ultimately, I voted in some action to help get a new track and field set up and some water bottle stations. And I was super inspired by the students that came and talked. I'm nervous now. I must be even more nervous, perhaps, if you're not used to public speaking. And my comments now are directed towards Member Hill. I was deeply unsatisfied and deeply disappointed in your comments. I believe it's between two hours and like 55 minutes and three hours, basically kind of kind of turning around the kids and almost trying to make them feel guilty for speaking up for what they meant. You can read your vision and mission right there. The best world-class education and part of that is having world-class facilities. And I 100% do not think any of their, you know, almost it wasn't unsportsmanlike of them to come and speak for what they needed and it wasn't unfair to any other students in the district. And I really hope that you rewatch your statements and maybe even come up at a future meeting and maybe apologize for kind of making that statement. It was uncalled for. It was unbecoming of a board member. And frankly, we're here. Your stakeholders are not the taxpayers. Your stakeholders are the students first. Now, the students today, and the students coming tomorrow. So please remember that, and please check yourself before you make statements like that in the future. Member Torres, you're awesome up here. I hope you stand up for what you feel is right. And I hope you encourage whoever's taking your place next year to do the same thing. Adults sometimes talk down. They talk down to each other. They mansplain. They do a lot of things like that. Just wishing you all the best and the courage to really speak up for yourself and the other students. And thank you very much.

[15028] Phuong Nguyen: Thank you, Ms. Hyzant. Our next item is public comment on agenda items.

[15035] SPEAKER_42: We do have... Sorry, remember, when we do have... Oh, sorry, I apologize. An online comment? Yes, please. The comment is from Michelle Padilla. You may begin. If you hear me online, Michelle Padilla, you may begin.

[15061] Clarissa Kennedy: Okay.

[15063] SPEAKER_21: Hello, my name is Michelle Padilla. I have two children in the district, one at the junior high and one at BGI. Tonight I wanted to voice my support and commend Superintendent Triplett for the progress he and his team have accomplished. I am hopeful that the new board will be supportive and collaborative with the superintendent and the team. Let's please try to avoid unconstructed negative and combative rhetoric. Our children are watching and as leaders in the community, there is a responsibility there to model how issues and differences can be resolved. Thank you.

[15096] Phuong Nguyen: Thank you, Ms. Padilla. And that concludes our public comment on non-agenda items. Yes, Member Hill?

[15108] Aiden Hill: I hate to do this, but can we extend our meeting to 12 midnight?

[15113] Phuong Nguyen: Yes. Motion made by Member Hill. May I get a second? Student Board member, you know that you are excused.

[15120] Bowen Zhang: I second that.

[15121] Phuong Nguyen: Thank you. Motion made by Member Hill to extend to midnight our meeting and seconded by Member Zhang. Student Board Member, how do you vote? Yes. Member Thomas? Yes. Member Jones? Yes. Member Zhang?

[15134] SPEAKER_32: Yes.

[15135] Phuong Nguyen: Member Hill? Yes. I'm also yes. Not happy about it, but yes. On to agenda items, public comments. Our speaker, Ms. Parks, you're speaking on 12.6, the EV charging station, 12.7, developer fees, 16.2, first interim, and 16.3, resolution 2022.23.18. Thank you. Good evening. Congratulations, Ms. Thomas and Ms. Jones.

[15174] Cindy Parks: Starting off with the EV charging stations, the agenda item for electrical vehicle charging station project says it went through the bidding process. However, I could not find this project listed on the district business office web page under purchasing in either the current bids and request for proposals or the purchasing past projects. This agenda item doesn't specify the full scope of work and only includes the bid proposal for the lowest bid. So it's difficult to discern why there would be a $145,000 range from the lowest bid to the highest bid. I can't tell you how many times I've sat in this boardroom and listened to the staff bringing forward change orders after change order due to the lack of detailed bid process. I hope you will inquire as to why the lowest bid is only $52,500 with the following bid jumping up to $131,000 and the highest bid being $197,600. Moving on to the developer's fees. On page two under three, the item number three, The findings regarding this fund, C says, with respect only to the portion of the fund remaining unexpended at the end of the 2021-2022 fiscal year, the purpose of the fees is to define as the construction or the reconstruction of school facilities necessary to reduce overcrowding or to maintain levels of service caused by the development on which the fees were levied. Which facilities are more specifically identified in Exhibit B? Under Section D, it says Education Code 66001D1B, and with respect only to the portion of the fund remaining unexpended at the end of the 2021-22 fiscal year. The findings and evidences referenced above demonstrate that there is a reasonable relationship between the fees and the purpose for which they are charged. Finally, in Exhibit B, which was referenced, the purpose of the fees is to finance the construction or reconstruction of school facilities necessary to reduce overcrowding or maintain levels of service caused by the development in which the fees were levied. Which facilities are more specifically identified as you list portable facilities, additional facilities at district sites, modernization and modifications of facilities at existing district sites, I'm not going to read all the rest of that, and potential school sites in Newark known as Area 3. I respectfully request that you get a written legal opinion which specified it is legally acceptable to utilize these developer fees when you have declining enrollment and two vacant elementary sites. Concerning the first interim, I have copies for all of you, just so that you all know what I'm talking about. On page 148, there's a section, this is more towards the back of the document. It talks about what items have passed the audit. And on page 148, there are two areas that said that there is a warning about the ending balances and that they are exceptions. And I would certainly hope that you would also follow suit and inquire about the sections that are on that page that is being handed out to you to get more information about what that exception is all about. I'm not familiar with exactly what they're trying to call out, let's put it that way. And then concerning the resolution before you this evening regarding the cap that the state has come in now and said that you can only have a reserve cap or reserve up to 10% and that you're capped and anything else has to be assigned to other expenses. And this is the third time I believe that this resolution has come forward with projects and dollar amounts. For the audience out there, it's $11,077,876 that's been set aside. That is what is above the cap that they're allowed to have as a reserve. The $1.1 million, $1,120,000 is for technology refresh and upgrades. $2 million is being set aside for deferred maintenance. $4 million for facility improvements. $657,876 is being put aside because there was an audit exception and it's pending litigation, I'm sorry, pending appeal. There's a half a million dollars set aside for educational program improvements, a million for furniture replacement, $900,000 for textbooks and consumables, $200,000 for strategies to increase enrollment, and $700,000 for declining enrollment and ADA cost mitigation. I think you heard earlier this evening the dissatisfaction from your staff. I know that you've settled with CSCA. But this money that's sitting here, this excess, is money that could have gone to your teachers. But they have been, or to your, I shouldn't say teachers, excuse me, your staff. This money was earned, or is sitting, was earned given to you as revenue during their tenure. This is money you didn't pay them last year that they could have earned. This is your reserve. This is money you put aside because you decided to have a 17% reserve. So you started stashing money because you got excess money from the state. And when they came in and capped you, this money is now sitting there. I understand this is one time, but you know what? You can pay stipends. It's been done before in this district. You could cut all of these staff members a check, give them one-time money. I understand some of this stuff is necessary, but you've got to balance everything. You can't teach if you don't have teachers. You can't clean the classrooms if you don't have custodial staff. You can't feed the kids if you don't have workers in child nutrition services or child care. You have to have kids to watch, or you have to have people to watch the staff. I'm sorry, you have to have staff to watch the kids. This money was earned during their tenure. And if you have excess, where should you go first? Thank you.

[15605] SPEAKER_38: Thank you, Ms. Clark.

[15623] Phuong Nguyen: Onto consent agenda personnel items. We have one personnel report to approve. May I get a motion to approve?

[15636] Bowen Zhang: I move that we approve the personnel report.

[15639] Phuong Nguyen: May I get a second, please? I'll second. Thank you. Motion made by Member Zhang, seconded by Member Jones. A student board member does not vote on personnel items. Member Thomas, how do you vote?

[15650] SPEAKER_32: Yes.

[15650] Phuong Nguyen: Member Jones?

[15651] SPEAKER_32: Yes. Member Zhang? Yes.

[15653] Phuong Nguyen: Member Hill?

[15654] SPEAKER_32: Yes.

[15655] Phuong Nguyen: I'm also yes. Five ayes on personnel report. On the consent agenda on non-personnel items, are there any items the board would like to pull?

[15671] Nancy Thomas: Member Thomas? I'd like to pull board policy updates 12.8 through 12.14. I will be recommending that These be considered a first reading, be tabled, and then be brought back to the next meeting for action under old business.

[15688] Phuong Nguyen: OK. Member Hill?

[15694] Aiden Hill: I'd like to pull agenda items 12.5, 12.6, and 12.7, please. Thank you. Can you repeat that, please? 12.5, 12.6, and 12.7.

[15701] Phuong Nguyen: Thank you. All right, may I get a motion to approve 12.2, 12.3, 12.4, 12.15, 12.16, and 12.17, please. So moved. Thank you. Motion made by member Zhang. May I get a second, please? I second. Seconded by member Hill. Student board member, how do you vote?

[15735] SPEAKER_32: Yes.

[15736] Phuong Nguyen: Member Thomas? Yes. Member Jones? Yes. Member Zhang? Member Hill? Yes. I'm also yes. Motion approved.

[15745] Bowen Zhang: Do we want to make a motion for the 12.8 to 12.14 where Member Thomas said make it a first reading? Do you have any additional discussion?

[15757] SPEAKER_42: Point of order. Not at this moment because right now we are reviewing the consent agenda items. When those items do come back, then I'll suggest it.

[15766] Phuong Nguyen: Okay. I'd like to read out the donation report before we move on. Would you like to do the honors, Superintendent Chocolate?

[15775] Mark Triplett: Thank you for allowing me to do that. So we have two donations and just want to state on behalf of the district and the board our deep appreciation to the organizations, individuals who support and donate to our district. The first donation is seven recycling bins for Newark Memorial High School, and that's from Russell Sarmiento for our recycling program. And just a note there, the board will recall that we had students come and do a presentation on the recycling program, and so this is a part of that. So thank you to the Sarmiento family.

[15817] Bowen Zhang: Okay, so this is from the same family as the... Yes, yes. So thank you for the Sarmiento family.

[15824] Mark Triplett: And then the second one is $1,000 for Coyote Hills Elementary from the Optimist Club of Newark for garden and classroom supplies.

[15838] Leonor Rebosura: Thank you.

[15839] Mark Triplett: I believe member Jeon is a member of the Optimist Club. That is correct. Please thank the whole club for us.

[15845] Phuong Nguyen: All right. On to superintendent report.

[15856] Mark Triplett: Thank you, President Nguyen. If we could have the report up on the screen, please. I know it's late, so I'll try to be pretty quick. So first up, wanted to touch upon enrollment. We do an enrollment update once a month with the board here. And so you can see we have mapped out each month around the same date, what was the enrollment. And so this most current one is from yesterday, the 14th of December, and then we match it to our projections just to keep track of how we're doing in terms of enrollment in general. And you can see here, There is that I mentioned this before but there's a there's always some fluctuation around this time of year So we've gone down from November. We've gone down in elementary school by one student We have gone up in the junior high by one student. And we've increased five students in high school, three students at Bridgepoint, have gone down one student at Crossroads. So like I said, there is going to be fluctuation around this time of year, up and down. And we should also expect to see some in the new year. Next slide, please. The board was, I know the board wanted to get regular updates on the Wi-Fi situation, so did want to loop back to that. Short term, we have been adjusting the settings, just as was presented at that Wi-Fi presentation a couple of meetings back. So we've been adjusting the settings on the controllers for the access points in order to improve performance. We have gotten reports that it is better in some places, but we know this is a short-term fix and it's not sufficient. And so what we're doing is that we are really in the planning phase while working with our consultants to determine the scope of the larger project, the long-term fixes to the Wi-Fi, and that includes new controllers and new access points. So because of the scope of that, we really need to take the time with consultants to build out a full plan, and then we'll be coming back to the board with that at a later date. Next slide. Just reminding everybody, winter break is coming up, in case anybody just happened to forget. December 23rd is a Friday. So that'll be the first day of winter break. And then students are returning on January 10th, which is a Tuesday. We do have staff returning a day early. And the elementary school staff will be doing professional development. And the secondary staff will be working on the end of semester grades on that day. COVID safety. So, um, as you all I'm sure aware that we have had an increase across the, uh, across the state as particularly in Alameda, uh, there is a wave that is occurring with COVID right now. We have seen an increase in, um, in student, uh, COVID cases as well as staff cases. So we want to continue to really encourage, uh, mask wearing, uh, not, not required, but recommended now more than ever regular, um, I was supposed to say regular hand-washing. But yeah, regular hand-washing. And I think we can stick with that. And then, of course, we are continuing to do our weekly testing at schools, at all our schools. And that's an option that's not a requirement for students. But families have an option to opt in to weekly testing of their child at no cost to the family. And then lastly, and most of it, sorry, go back one second. And lastly, we've distributed to the school sites at-home tests that families and staff will have for when returning to school in January. We really ask that students and staff all take the opportunity to test before returning to school to make sure that they are healthy and COVID-free. Wanted to share out really lovely event yesterday, December 14th. We had our STAR Lab ribbon cutting. This was the formal opening of the STAR Lab, although we really launched the STAR program in August, as the board will recall. And so this was the opening of the lab itself. I wanted to appreciate our board member Thomas, board member Jones, board member Zhen, board member Wen, and board member Torres who were all there last night. It was great to have you. Super positive event. You see here the official ribbon cutting. And we can go to the next slide. So as part of the event, mayor was there, city officials, which was really great. But the best part of it was the student presentations and hearing from the different students, the amazing things that they are doing in the lab, in computer science technology. The young man on the right, he was the award winner from last year's showcase. He created an incredible project. And the young lady on the left is a member of the Rocketry Club. If you scan that QR code, you too can donate to the Rocketry Club and the things that they are doing this year. Next slide. And here's some of the really cool things happening in the lab itself. You see in the center there is the arena for the robots. Some students had a chance to show some of the guests the really cool ways that they have competitions in there. You see some students up on the upper right designing rockets, I believe. And on the left is the, this isn't the laser printer, what's the other thing? Laser cutter, yeah, that's it. So the new laser cutter, and I believe that right there is the laser cutter being used to design rockets. And then we did hear a presentation from a fantastic teacher, Mr. Goldsmith. He articulated that in just the last three and a half weeks since the space has been open, Over 80, I believe, 80 classes and club meetings have occurred in that space. Rocketry, uh-oh, I misspelled rocketry. That's not his fault. Rocketetry and computer science principles class have been held in there. Computer science A. U.S. history has held classes in there. Special education uses the space every day. Clubs, including rocketry, robotics, learn to code, peer tutoring, chess, and art. all have been engaged in that space. And a little plug here, you see on the right, MCA, the Media and Communications Academy, is also using the space and was really instrumental in securing the renovation of the screen and the projector and all the sound. And they are holding, and I'll report back on the date because I can't remember it off the top of my head, But they are going to have a silent film festival, which they do every year, where their students showcase the films that they're making. And then this will be the first year that they can have it in this space with amazing sound and film quality. So they wanted me to invite all of you to come to the silent film festival if you are available. And again, I'll give you the dates. And then lastly, just a quick update on our enrollment campaign. We are in the throes of launching this campaign. And part of the process is we did have the marketing company who is helping us, has created a couple videos. This time I wanted to show our elementary enrollment campaign video. So let's hope this works. Let's give it a try, Ms. Gutierrez. If you go, if you click on the, actually on the upper, the link, that one. All right, let's see if this works. All right, that's our enrollment clip. Oh, and that's the next one coming up next time, which is the secondary enrollment campaign. We're not going to show that tonight.

[16409] Diego Torres: OK.

[16412] Mark Triplett: So we're really excited. That's now up on our website in the front. It's front and center, but we're also going to utilize it in our promotional materials, Instagram and social media. And so this is one more step in really getting out the word of the amazing things happening and the incredible staff that we have at our schools that are just showing so much love and care for our students. And that is the report for tonight.

[16441] Phuong Nguyen: Thank you, Dr. Triplett. Any comments or questions, Student Board Member Torres? Member Thomas? Member Jones? I have a question.

[16450] Kat Jones: The enrollment, why does that, okay, sorry. The enrollment screen that you use, does that information come straight out of Synergy?

[16464] Mark Triplett: Yes, yeah, that's where the information comes from.

[16467] Kat Jones: Is there a reason why that's not used instead of the PowerPoint slide? Or is it because you're constantly adding to it?

[16475] Mark Triplett: You mean, is there a reason why Synergy's not? I'm sorry, I don't understand.

[16478] Kat Jones: Right. Why you don't use, like, the actual page out of Synergy versus the PowerPoint slide. Is it because you're updating the slide and you can't get that kind of information out of there? Just curious.

[16491] Mark Triplett: Yeah. Well, what comes out of Synergy is not as attractive. And it is just a, it's a black and white list. And it doesn't show the monthly, it doesn't show the monthly tracking and it doesn't show it against projections.

[16504] Kat Jones: Okay, thank you for... Sure.

[16507] Phuong Nguyen: Hearing me out. Member Jung? Member Hill?

[16512] Aiden Hill: Yes, thank you. Could you pull up that enrollment slide one more time, please?

[16530] Phuong Nguyen: Did you have a question?

[16531] Aiden Hill: I just wanted to say, I just didn't write the number down.

[16533] Phuong Nguyen: Oh, OK. Thank you. Thank you. Thank you for the clarification. Thank you, Dr. Triplett, for the update. OK. On to our next item, staff report, EL master plan revision announcement. Dr. Triplett.

[16550] Mark Triplett: Thank you, President Nguyen. So I'm really excited that we're kicking this off. And Ms. Abbey Keirns and Ms. Pierce are both I believe going to talk a little bit about this agenda item. We, every, I believe it's every three years. Do I have that right, Ms. Kearns? Every four years we redo the master plan?

[16572] Abbey Keirns: The state doesn't have guidelines regarding the frequency, but you typically want to revise, especially when there's significant changes to English learner policy.

[16580] Mark Triplett: Perfect. Thank you. So it has been a while since we have revised the master plan, and a lot has happened since then. And so we are really excited to kick off the process of reviewing and revising our EL Master Plan. This is going to be a long process. This is a really serious, serious document. We want a lot of input and stakeholder engagement around this. And so I'm going to turn it over to Ms. Kirans to explain about that process and what we're about to do.

[16614] Abbey Keirns: Hi, thank you for having me this evening. I know it's a long evening, so I will keep it bright and sharp and informative, hopefully. So the English Learner Master Plan is really an opportunity to reimagine, re-engage, and really reignite the community around our English Learner policies. The last time it was revised was in 2019. There's been some changes since then, especially the addition of the alternative LPAC assessment for our special education students and some other details that are important to iron out. So I'm going to go over the process that we'll be using, sort of the purpose for the EL Master Plan, and then sort of an announcement to the community and an invitation to join us in that work. So the EL Master Plan is really in order to build a shared vision of our program. Also, it updates the policies, procedures, and practices related to English learners. And it also aligns us with the broader English learner roadmap. That roadmap work aligning was done in 2019. So that's a less significant portion of what we need to revise this time. It's supposed to be user-friendly. I think we have some room for improvement there. And to assist students, obviously, in reaching their full potential. So there are basic four steps here. So we want to begin by reflecting and organizing the process itself, which is what part of why I'm here today. I'm sorry, I keep hearing some feedback. I'm going to move my mic.

[16700] Mark Triplett: Yeah, I was wondering about that as well. Does everyone have their mics off?

[16708] Abbey Keirns: No problem. I feel like that was a hazing, Member Jones. So step two is engaging in inquiry. Step three, writing and getting feedback from the community. And ultimately, obviously, publishing and training. So just wanted to give the actual details of when all of that will happen. So we've started step one of reflecting and organizing, which is taking place from now until, from October until January. Then we'll shift into gear around engaging in inquiry. And this really looks like, assessing our protocol, assessing our current practices, assessing how our practices compare with the current research and policies, and looking at additional documents that may yet to be include that are maybe in common practice in our classrooms. That will take place from February to June and will involve a working group that will be partially district office leadership, but also hopefully teachers, and other community members that apply to join the group. Writing and feedback sessions. So this is the actual construction. We will go to our public leadership groups to get feedback. So our DLAC and hopefully some additional community groups that are involved with English learner education. And lastly, publishing and training staff. This has a little less detail to it in terms of timeline because it is in August 2024. So a long ways off. So we've got some things to learn and really decide about what our opportunities are for publishing and training. So this is where we are with the step one so far. So we have completed our review of the mission and vision and drafted English learner vision for the district. We have begun to identify stakeholders. Part of that will be shoulder tapping some people we think are experts, and also inviting a broader group to take part. We are beginning to build the context as our EL Master Plan leadership team, pulling together artifacts that the working group will assess, and then continuing to build that context in January. So this is a review of the essential tasks. You'll see down at the bottom a legend that says not started, discussed with leadership and discussion with stakeholders. So we really want to make sure we've definitely checked off the last two boxes on each. So I just want to point out that the places that are not checked yet are because that stage of the work has not yet started. So you see like February 2003 will be when we begin reviewing the mandates and guidelines. So communication, stakeholders, tasks, and timelines are all developed at this stage. And then this is a representation of the components that will be in the final version. So commitment purpose, responding to diverse learners, program options, and staffing, assessing core curriculum, English language development, professional learning, and lastly, family school partnerships, and then the ongoing reflection and adjustment and continuous improvement cycle. So those are the component parts of the final sort of the chapters, if you will, of the final version. And then so this is my announcement to the community. We need you. There's a commitment to work a minimum of two hours a month. Some of those will be in a meeting space and some of those will be asynchronous. You'll help write and revise the sections and members will be selected on or before January 30th. So right now the application is open. You can go there on this tinyurl.com, our EL working group. Group is shortened D-R-P. The first meeting will be February 7th from 5 to 6, and we really do want this to be a robust and diverse set of folks that are bringing a lot of expertise to the table. So, would love to hear your questions about this process.

[16959] Phuong Nguyen: Thank you. Thank you, Ms. Cairns. Student Board Member Torres, do you have any comments or questions? Can you come back to me, please? Sure.

[16970] Nancy Thomas: How do you think the new plan will vary from the older plan, based on things that have changed?

[16980] Abbey Keirns: So the first is the special education component. So in our current English Learner Master Plan, the articulation of how students who are special education, how do they reclassify is unclear. It can definitely be strengthened, especially because there's a new assessment. So the assessment criteria didn't exist before. Additionally, the state of California is releasing an observation requirement as part of the reclassification process that, you know, is going to roll out this spring. So we want to make sure that's included. I would say we don't have our DLI program in those materials currently. So there's a few components. And I think lastly, as someone who likes, if you can tell by my slides, I like things to be very user friendly. I think we can make improvements to the accessibility of our English in our master plan. I'd like to see it have like a website, you know, where it's really interactive and the resources are all connected.

[17032] Nicole Pierce-Davis: So we've also been doing a lot of work on culture, responsive pedagogy and culture, responsive teaching practices. And so weaving that sort of element more into the master plan is also a goal.

[17046] Phuong Nguyen: Thank you, Member Jones, Member Hill. Any questions or comments?

[17053] Aiden Hill: Thank you for the presentation. So just a couple of questions. So based on the presentation, so you're anticipating that this is going to run through roughly the end of 2024, is that correct?

[17065] SPEAKER_40: Yes.

[17066] Aiden Hill: Okay. So basically, two-year process. Yeah. Okay. And I understand that you're in the process of recruiting stakeholders. One thing that would be great is I think it's really important to maybe identify up front the categories of stakeholders that would, you know, we would want to hear from and would want to have input. Because again, I think if we just sort of do a broad brush, you know, calling all comers, you know, you may miss important voices. And so that's just a suggestion. And then the kind of the final comment or question is, Who from our staff perspective or our teachers are going to be involved in this?

[17119] Abbey Keirns: Good question. So I have a much more detailed sort of project management slide deck behind this that I didn't share with the board but happy to offer it if that's helpful. It does go through sort of set of criteria of sort of characteristics that we feel like is important to have represented at the table. And so we've done an initial chart of people who we think would be a good fit for those characteristics. And so we will directly invite them to apply. And then continue, if they don't choose to, then continue to do work to make sure that all of those are satisfied. Regarding teachers, we haven't reached out directly to any teachers yet. The current members are really only the lead team on the ed services side. So we will see, but we have some teachers identified who have expertise, especially in English learner programming, who've been serving our English learners for a long time in the school district, either as classroom teachers or coaches, that we think would be great fits.

[17180] Aiden Hill: And it would be great if you could share that sort of, you know, more detailed plan. Yeah. That would be wonderful. Thank you.

[17186] Phuong Nguyen: Thank you, Ms. Kearns and Ms. Pierce for getting this together and getting the team to be able to revamp and update our English learner master plan to fit what we're currently doing and project what we're going to be doing in the future. So I really appreciate your commitment to this project and getting the community involved. So thank you so much. OK, on to student expulsion. The first item is 15.1, expulsion stipulation for case E2223-02. Make it a motion to approve the recommended action by staff.

[17250] Bowen Zhang: I move to approve the expulsion stipulation for case number E2223-02. May I get a second, please?

[17255] Phuong Nguyen: I'll second it. Motion made by Member Zhang, seconded by Member Jones. Student Board member does not vote on this. Member Thomas, how do you vote? I abstain. Member Jones? Yes. Member Zhang? Yes. Member Hill? Yes. Mosil, yes. Four yeses and one abstention by Member Thomas. On item 15.2, I'm sorry, 15.2 yes, termination student expulsion case E2122-02. May I get a motion to approve the recommended action?

[17302] Bowen Zhang: I move to terminate the student expulsion for case E2122-02.

[17309] Phuong Nguyen: May I get a second, please?

[17313] Aiden Hill: I second.

[17314] Phuong Nguyen: Motion made by Member Zhang, seconded by Member Hill. Board Member Thomas, how do you vote? I abstain because I have not had the chance to see him. Great, thank you. Member Jones? Yes. Member Zhang?

[17330] SPEAKER_32: Yes.

[17331] Phuong Nguyen: Member Hill?

[17332] SPEAKER_32: Yes.

[17333] Phuong Nguyen: I'm also yes. Four ayes and one abstention by Member Thomas. On item 15.3, continue suspended enforcement of student expulsion case E2122-14. May I get a motion to approve the recommended action?

[17354] Bowen Zhang: I move that we approve to continue the suspended enforcement of expulsion for case E2122-14.

[17361] Phuong Nguyen: May I get a second, please? A second. Thank you. Motion made by Member Jean, seconded by Member Hill. Member Thomas, how do you vote? I abstain. Thank you. Member Jones?

[17375] SPEAKER_32: Yes.

[17376] Phuong Nguyen: Member Jean? Yes. Member Hill? Yes. I'm also yes. Four ayes and one abstention for item 15.4. Our next item is 15.5 Termination, Suspended Enforcement of Student Expulsion Case, 2122-19, may get a motion to approve the recommended action.

[17402] Bowen Zhang: Shouldn't this be E2122-18? No, we did that already. May get a motion. I move that we terminate the suspended enforcement of the student's motion for case E2122-19. Thank you.

[17419] Phuong Nguyen: May get a second, please.

[17423] Phuong Nguyen: Member Thomas, how do you vote? Member Jones? Yes. Member John? Yes. Member Hill? Yes. I'm also yes. Four ayes and one abstention on item 15.5. Item 15.6, termination, suspended enforcement of student expulsion in case E2122-20. May I get a motion to approve the recommended action?

[17448] Bowen Zhang: I move to terminate the suspended enforcement of student expulsion for case E2122-20. May I get a second, please?

[17458] Aiden Hill: for a second.

[17459] Phuong Nguyen: Second motion made by members John seconded by Member Hill. Member Thomas, how do you vote? Member Jones? Yes. Member, Member John? Yes. Member Hill? Yes. I'm also yes. Four ayes and one abstention by Member Thomas for item 15.6. On to new business. 16.1 MOU, Association of California School Administrators, membership for the Executive Director of Human Resources, Dr. Triplett.

[17493] Mark Triplett: Thank you very much, President Nguyen. So I'll be brief. This is the MOU so that the Executive Director of Human Resources position can, that the district will pay the, Association of California School Administrators membership fee on a yearly basis for anyone who is in this position. Because this is a NEWMA position, the membership has not been a part of any sort of contract agreement, which is why we're bringing it forth as an MOU.

[17530] Bowen Zhang: Okay, so this has been discussed in the previous meeting during closed sessions. I will move to approve the MOU with NEWMA regarding Association of California. school administration membership fee for the executive director of our human resources.

[17544] Phuong Nguyen: May I get a second? Second. Motion made by Member Zhang, seconded by Member Hill. Board Member Thomas, how do you vote? Yes. Member Jones? Yes. Member Zhang?

[17559] SPEAKER_32: Yes.

[17560] Phuong Nguyen: Member Hill?

[17561] SPEAKER_32: Yes.

[17561] Phuong Nguyen: I'm also yes. Five ayes on item 16.1. Our next item is

[17569] SPEAKER_42: Sorry, can we just pause for a second? Sure.

[17579] Phuong Nguyen: We'll take a five minute recess if you guys need to go to the restroom or whatever. OK. On the last item, we do have a procedural process that we had done incorrectly. So I have to ask for the motion to be rescinded. And then we will, I have to read out a statement prior to us making a motion. I will rescind the motion. Thank you. Make it a second. Oh, we don't need a second. OK.

[17905] Bowen Zhang: What's the motion, sir? The motion is that 7500 will be charged

[17911] Phuong Nguyen: So on item 16.1 is an MOU to pay $1,706 for the membership to the Association of California School Administrators for the Executive Director of HR. May I get a motion to approve the agenda item?

[17934] Bowen Zhang: I move to approve the MOU with the NEWMA regarding ACSA membership fee for the Executive Director of Human Resources.

[17947] Phuong Nguyen: Thank you. May I get a second, please? I will second. Thank you. Motion made by Member Zhang, seconded by Member Jones. Member Thomas, how do you vote? Yes. Member Jones?

[17957] SPEAKER_32: Yes.

[17958] Phuong Nguyen: Member Zhang?

[17960] SPEAKER_32: Yes.

[17960] Phuong Nguyen: Member Hill? Yes. I'm also yes. Five ayes. Thank you. On to 16.2. The 22-23 first interim budget report.

[17974] Mark Triplett: Dr. Chiplett. Thank you, President Nguyen. So this is the time of year for our first interim budget report. And before I turn it over to Ms. Dela Cruz, I do just want to say a huge appreciation for Ms. Dela Cruz, Ms. Kim Lola, and the whole team. To put together this is just a tremendous amount of work. It's such a large, comprehensive thing, and they put amazing work in and their attention to detail is just absolutely remarkable. So I'll turn it over to Ms. Delacruz.

[18008] Marie dela Cruz: Thank you, Dr. Triplett. So for this first interim budget report, I'm pleased to report to the board this evening. This covers the period of July 1 through October 31st of each year. It has to be submitted to the Alameda County Office of Education by December 15, which is tonight after this board meeting. So hopefully we finish before midnight. This is a snapshot in time of the district's revenue and expenditures forecast for the current year, as well as projections for the two subsequent years. And it includes revisions since the adopted budget. So the interim reports, they have to be certified either positive, qualified, or negative. A positive certification means that the district will be able to meet its financial obligations in the current year and two subsequent years. A qualified certification means that the district may not be able to meet its obligations in the current year or either of the two subsequent years. A negative certification means the district will not be able to make its obligations for the remainder of the current year or the current subsequent year. So on June 30th, the governor signed the 22-23 state budget package. And some of the highlights from that state budget, which we reviewed during the 45-day budget revision, included statutory changes to the local control funding formula, which provided an increase in funding above last year's 21-22 levels. There was a $3.5 billion budget in one-time arts, music, and instructional materials discretionary block grant, which the board approved a plan for at the last meeting. There's an increase to the Expanded Learning Opportunities Program, also known as ELOP, from $1.7 billion to $4 billion, which is ongoing starting with this year. And there were funds to expand the eligibility of TK. It's phasing in every year. And also funds for the 12 to 1 student to adult ratios that are required starting with this 22-23 school year. There was $500 million to increase the special education formula that increased the base rate. And there was $7.9 billion in one-time learning recovery emergency block grant. So since the district adopted the budget before the governor signed the final state budget, the changes have been made to the budget. And they're reflected in the first interim budget report. So just a general overview of our revenues. Our total revenues are $91 million. $64 million of that is unrestricted, which is about 70% of our revenues. $27 million is restricted, which can only be used for specific programs and purposes. And 69% comes from the LCFF funding, 20% from other state revenues, which includes the lottery funds. and 5% from federal revenues and 6% from other local income. So since the adopted budget, some of the major changes include the ELOP funds, there's $2.7 million added to the revenues, the Arts and Music and Instructional Music Grant, $3.1 million, and $6.2 million in the Learning Recovery Emergency Grant. nine million in the LCFF. So this was all part of the 45-day budget revision that was presented to the board on August 4th, which is now part of our first interim report. So since the LCFF represents 96% of our unrestricted funds, I just wanted to show how much is really involved in calculating the apportionment that we receive from the local control funding formula. There are several factors involved in calculating the funds that we receive, including our UPP, which is the unduplicated pupil percentage. It includes all of our English learners, our foster youth, and socioeconomically disadvantaged students. The projection for this year, at this point in time, is 54%. We need over 55% in order to receive concentration funds and we as a district really made an effort to try to reach this 55% mark and we have still yet to see the results. We're still submitting our CALPADS report for the first period and we're really hoping that we reached our target and hopefully by second interim we'll be able to give you some final numbers from the CALPADS report. And our ADA that's included in the LCFF is based on the ADA relief calculation that was provided by the new state budget. This ADA relief allows our district or all the districts in the state to use the higher of either the prior year ADA or a three year average. In the past, it was only either the prior year ADA or the current. So they've added this three year average because of the fluctuations due to COVID. For our purposes, the district ADA last year was $4,720 versus $5,329 using the three year average. It also included a relief for our 21-22 ADA, which is based on either the higher of the 19-20 attendance rate or the 21-22 attendance rate. So last year, we experienced a really low attendance yield. Our rate was 91% versus what it was back in 19-20, which was 97%. This is the ADA to enrollment ratio. So we were able to take advantage of this relief and increase our ADA for funding purposes. So as you can see, there's several factors involved in this calculation, but it is so critical and important that we have all the details in the right places in order to project our funding for the current year as well as the two subsequent years. And some of that is based on our enrollment and ADA history, as well as what our projected ADA and enrollment might be in future years. So the district is funded based on ADA, not enrollment. Our ADA last year, well, as of second interim, which is what this chart is from, was 4,794. But our actual ADA was 4,720. Declining enrollment trend, unfortunately, has continued the last couple of years. Our projected enrollment for this year was 5,065. And the enrollment as of October 26 was 4,973, which is 194 less than what it was last year. And it's also 92 below projections. So our overall expenditures and contributions to restricted programs total $96 million. And some of the major changes between the adopted budget and first interim include increases in restricted expenditures. due to the transfer of last year's carryover to the operating budget. So anytime we have carryover, we add it to our budget and our expenditures by first interim, which is actually a FCMAT recommendation. And it also includes the $12 million in the restricted grant-related expenditures, such as the ELOP Arts and Music Grant and the Learning Recovery Grant. So all that is incorporated into our expenditures and have been allocated accordingly. There was also an increase in our contributions, which does increase the expenditures, which was partly due to the special ed program, as well as the contributions that are required for the routine restricted maintenance account. So 58% of our total expenditures are for salaries and benefits. 29% is the other piece, big piece, is from services and other operating expenditures, which is including our water, our electric, our legal services, some contracted and professional services. So since the adopted budget, the contributions to the restricted programs that come out of our general fund increased $2.3 million in special ed and almost $800,000 in the routine restricted maintenance account. The routine restricted maintenance account is required. We're required to contribute 3% of our total expenditures. And so when our total expenditures go up, the contribution goes up. And that's for school building maintenance. So there is a total increase of $3.1 million in contributions since the adopted budget. So in summary, for the unrestricted funds, we do have a net decrease to our fund balance when you look at our total revenues of $64.2 million, less the total expenditures of $52.5 and the contributions of $12.5 that leaves us with a deficit of $857,000. But this isn't a true deficit. This really represents last year's LCAP carryover that was transferred over from the fund balance to expenditures. Again, it's a carryover that we're spending down this year. Next slide, please. then when reviewing our fund balance for first interim in the executive summary I explained the audit adjustments that were required by our auditor because there was a significant decrease in the investment pool so what they look at is they review our book value versus the market value and in the past it has been really immaterial but this past year The second half of 21-22, there were really significant changes to the investment pool. So they recommended that we make these adjustments to our beginning fund balance, which ultimately impacts our ending fund balance. So our ending fund balance with the deficit of 857 is at $15.4 million. So when you look at the components of our ending fund balance, we have non-spendable categories of $173,000. We have total committed designations of $11 million and leaves us a reserve for economic uncertainties of about $4.2 million for a total fund balance of $15.4. And when you just look at the reserves, It includes the amount that we have in Fund 17. So when you add that to the 4.2, we have a total reserve of $6.5 million, which is 7% of the total expenditures. In the multi-year projection, the assumptions that were made in the projections for the two subsequent years includes COLA of 5.38%. in the revenues and 4.02% for 24-25. The enrollment is projected to go down slightly and this is based on the demographers report of last year. I don't have the current one so based on the projected decline in enrollment That was kind of like the baseline that we used for the projections for next year. And then same thing with the P-2 ADA using the attendance shield of about 95, 96%. Funded ADA based on the ADA relief and the three-year average is projected at 5,081 and 4,821. We do project balanced budgets for the next two years and reserves at 8% and 9% respectively. And then our other funds summary here at a glance. You can see we have adult education funds, child development funds, cafeteria funds. They all have positive ending fund balances. Our building fund 21. We're almost spent. We really only have less than $2,000 left to spend. And our capital facilities, Fund 25, there's almost $14 million there. And the Fund 40, Special Reserve for Capital Outlay, also known as our Russian Fund, is about $8.3 million. And the other two funds for bond interest and self-insurance. So as a final summary, we do have projected balanced budgets for the current year and two subsequent years. Our reserves are above the 3% minimum required in the current year and two subsequent years at 7%, 8%, and 9%. So at this time, we would recommend approval of a positive certification on our first interim budget report. I'd be happy to entertain any questions or receive any comments at this time. Thank you.

[18918] Phuong Nguyen: Senator Morimura-Torres, do you have any questions or comments?

[18921] Diego Torres: Is it possible to get a copy of the slide so we can view it? Oh, yes. Because that was a lot of information.

[18926] Marie dela Cruz: Yes. Yes. Sorry. I usually get copies, but my printer was not working well.

[18932] Phuong Nguyen: It's also in this. Oh, yeah. Of the first 21 pages.

[18939] Marie dela Cruz: That's right. Thank you. The executive summary includes all of this information.

[18951] Phuong Nguyen: He's asking for that slide. No, no, the whole presentation.

[18959] Marie dela Cruz: The whole presentation is in the first couple of pages of the book. You got the book right, Member Torres? Yes.

[18968] SPEAKER_42: The slide deck will be uploaded to BoardDocs.

[18975] Phuong Nguyen: Any other questions or comments, Member Thomas?

[18982] SPEAKER_42: I do apologize. Just a reminder to the board, when your mics are not on, the audience at home are not able to hear you.

[18996] Marie dela Cruz: The enrollment?

[18997] Nancy Thomas: Enrollment. Enrollment slide. Enrollment and ADA history.

[19005] Marie dela Cruz: It is slide eight.

[19011] Nancy Thomas: Yeah, that looks a lot different than the one in the book.

[19016] Marie dela Cruz: So the difference is 21-22?

[19018] Nancy Thomas: Yeah, so I mean.

[19026] Marie dela Cruz: So as I explained earlier, the one that this is for second interim, the one that was in the book was grabbed from a different point in time, one of the other reports.

[19036] Nancy Thomas: There looks to be an alarming drop in ADH.

[19043] Marie dela Cruz: If you look at the slide, just 21, 22, yes, between enrollment and ADA. That's what I was talking about when our ADA last year, the ADA to enrollment ratio went down 91%, when normally it's about 96 to 97%.

[19057] Nancy Thomas: Is that typical of what other districts experience because of COVID?

[19062] Marie dela Cruz: Yes. Last year was really a bad year for all of the districts in the state. That's why the governor offered a relief. and allowed us to compare the attendance rates between last year and 19-20 pre-COVID.

[19079] Nancy Thomas: So what is our current ADA percentage?

[19084] Marie dela Cruz: Our projected percentage is 95%. We are still working to put our P-1 ADA report together, which ends this month. So in January, we'll have better numbers. But our target is 95% this year.

[19100] Nancy Thomas: Do you think we'll hit it?

[19102] Marie dela Cruz: What do you think, Nicole?

[19106] Mark Triplett: I think it's really hard to say. Even just in the last two to three weeks, we've experienced so much of the COVID wave that those are the kind of things that, or flu, that impact, unfortunately, ADA in ways that are out of our control.

[19125] Phuong Nguyen: That is very much true. Both my kids have been out for a week at a time. Oh, wow.

[19133] Marie dela Cruz: Yeah, we're doing a lot to try and increase our attendance rate and a lot of promotions and different things.

[19146] Nicole Pierce-Davis: One of the things that we put together was an attendance plan this year, sort of like a modified Gantt chart and sort of different initiatives. And then we're going to try to plug in this year to see if those initiatives actually worked, right? and then repeat the ones that worked and kind of throw out the ones that don't and try again the following year. It is hard to judge, but it is something that's absolutely on our radar.

[19169] Nancy Thomas: I think it's always nice to look at other districts and be able to say, hey, you know, it's not any different with us than other districts.

[19181] Nicole Pierce-Davis: It's actually some of the items on our chart. We've tried to garner as many best practices as we can. You know, beg, borrow, steal from districts. It's sharing, right? We're trying to share best practices. We're all trying to support our students getting to school every day. That's what we're trying to do. But it has been a challenge. So any and all feedback, any and all suggestions, we're sort of listening to, hearing. And then if we have the funding to roll out, we move forward. And then sometimes we try to do things that require no funding at all. How do we do celebrations of students in unique ways? Or even just the parents, the families of the students, right, in our younger grades who are really doing all of the hard work to get their kids there every day. But yes, we are sort of, we started actually, maybe this is too much information, but we started a cycle of inquiry around attendance sort of in the first year that we came, sort of returned back and then we realized it was just such a fluid year with COVID. It just, it didn't even make any sense. And so now we're sort of coming with new fervor this year in hopes that we can kind of make a dent and improve over last year.

[19250] Phuong Nguyen: Member Jones, any comments? Member Zhang?

[19255] Bowen Zhang: Yeah, one question, one comment. Follow up on my email question before the board on the service and operating expense. We said jump to roughly $28 million. such a high percentage of the pie because of, primarily because of rising cost of special ad. And this time, because you have ESSER, you have EOP, all of these combined with that, because these are one-time money. A follow-up question I have for that is, after this year, we don't have ESSER and these one-time COVID fund or EOP, purely the general service operating expense plus special ad, what do you think is probably going to be the ballpark about that percentage? The percentage of... Today it's $20 million. Next year, do you think it will drop to $20 million or below $20 million once these one-time funds are gone?

[19309] Marie dela Cruz: Yes.

[19309] Bowen Zhang: The service offering?

[19310] Marie dela Cruz: Yes, I would say it would drop at least $12 million.

[19314] Bowen Zhang: Okay, I see. Yeah. Yeah, so I want to make a general comment about the COLA and the next couple of years for the multi-year projection. So more than six months ago, Right in this meeting, I first said, I said, next year, California will have budget problem. And the reason I said that is, it's no secret that 1% of the Californians pay 50% of the taxes to the state government. And their income are very much dependent on the health of the stock market. And at that time, that was sort of the starting of the steep decline of the stock market. Yesterday, the Feds raised the rate by 50 basis points and pretty much set the tone for the next 6 to 12 months of the stock market. So pretty much we can say with confidence that the direction and the sentiment in the stock market in the next 6 to 12 months will continue to be quite bearish, which means California will not just have budget problems for next year, maybe the year beyond that. And many of us read the recent many articles citing a 25 billion figure for next year's California budget deficit. You have various news sources citing that number. But if you go to the original source of that news article, the real official budget office from the state government, when they talk about a summary, when they summarize that 25 billion figure, there are two points in their official report that truly stood out. One point they made is that the 25 billion figure was based on some of the programs that have automatic mechanism to adjust inflation and CPI. and does not incorporate programs that currently don't have automatic mechanism to adjust for CPI and COLA, which means, in essence, they are underestimating the budget deficit because they are assuming programs that don't have automatic adjustment for COLA will not increase at all, even though CPI might be 7% to 8%. That's the first point they point out in the report. In the second point they pointed out, they said the $25 billion figure incorporates the risk of a recession, but not the actual scenario of a recession. It's like if a recession really comes next year, the deficit will be between 30 to 50 billion at least. So my comment is that we do have pretty robust projection, I think, for the COLA for the off years, but I do want to warn that in the next one or two years, California is going to go through some tough times, and so will this school district. and the board will probably need to make some difficult decisions going forward. So, I wouldn't be too hyped up by this call-out number because I would expect the actual call-out number for the off years, when it really comes to time, will probably be lower than this.

[19490] Phuong Nguyen: Thank you, Member Zhang. Member Hill?

[19494] Aiden Hill: Thank you, Ms.dela Cruz. And echoing Member Thomas' kind of request, I think it would be really helpful in terms of ADA to look at the rate of decline and I mean because obviously this is hitting the entire state but to just look at and see whether both districts nearby do they are they following the same rate of descent? So does the curve look the same? And and then I think it might be also good to maybe even benchmark against some districts that seem to be doing really well because by doing that I think we can then actually diagnose and say well maybe we're doing better in our district versus other districts and here's why and so here's certain things that we ought to continue or we may find that there are other districts that maybe have a less steep rate of decline and then we can ask ourselves well what is that maybe there's some things that are not in our control to do, but maybe there are. And I think that that data would be helpful, but I think that it would, that it starts with sort of looking at how we compare against other districts. I think that that would be some great information to bring to the board. Thank you.

[19569] Phuong Nguyen: Thank you, Member Hill. Member Talmadge? When you're done.

[19573] Nancy Thomas: No, go ahead. One of the big increases here is special ed cost. Can we at some point, if not, you know, not now, get a running tabulation of the percentage increase in special ed costs as a percentage of our budget. Because it seems like it's out of control.

[19606] Marie dela Cruz: So the special ed increase

[19611] Nancy Thomas: As a percentage of our budget, special ed continues to increase. And this increase seems to be exceptionally large. Do you know what percentage that increase is?

[19625] Marie dela Cruz: The percentage of the increase compared to our budget? Yeah. Yeah. Well, at 2.3 million, it's almost, I would say, almost 3% of the total expenditures.

[19642] Nancy Thomas: So it's gone up 3% more than?

[19651] Marie dela Cruz: No. I was just looking at the amount compared to the total expenditures. In terms of how much it's increased, just for special ed, I'd have to do that analysis.

[19660] Nancy Thomas: Yeah. Yeah. It would be helpful because then we should really be analyzing if it's increasing at a much higher rate than our other expenditures, we should be analyzing that and trying to figure out how to mitigate against it. OK.

[19681] Mark Triplett: Yeah, go ahead. Sure. Go ahead.

[19688] Nicole Pierce-Davis: It is true that we are actually exceeding the state percentage for special ed right now in our district. It's something we're actually going to be speaking to teachers about during our PD on January 9th. I think what happened in the pandemic is you did start to see as students came back with certain, it was, it was, it was, we started to see a higher increase of students being referred to special ed. And we are doing our best now to say, okay, let's slow down. Let's make sure it's not to other, other items or influencing, you know, influences from just being at home and not being socialized in the younger grades in particular. So this is an area that we are aware of. I'm not sure exactly how it impacts the budget as clearly as Ms. Dela Cruz here, but we are looking at those factors as well. And I can't remember who's now going to be on the SELPA committee, but that's something we should, okay, that's something we should also continue to look at as well. Yeah, you are.

[19746] Mark Triplett: Thank you. If I could just add, I appreciate the board lifting up these two issues, ADA and the ADA CLIF. as well as the amount of general fund dollars being spent on special ed. These are two major issues that we are trying really hard across the state to really advocate with state legislatures because it is something that all districts are experiencing, both those issues. And so we would love your support in terms of advocating to the state around how to figure that out. There's a lot of different ideas, plans, proposals for how to address these two issues. And it really is going to take some advocacy on the part of state legislature.

[19799] Phuong Nguyen: I echo the same sentiments as our superintendent. Ever since I've been on the board and looking through the budget, the interim reports and looking to see how special education has been funded and how much our district in general and all districts throughout the state have had to use general fund money to to really cover the cost of special education and that is correct. I mean like legislation is not in favor of you know funding or having additional funding for our special education students and that's it's it's unfairly underfunded at the state level and at the federal level, so. I agree. But I just want to appreciate Ms.dela Cruz and her staff for putting together our interim report, and I'm happy to make a motion to approve the first interim. May I get a second?

[19858] Bowen Zhang: With positive certification.

[19859] Phuong Nguyen: Oh, with positive certification, of course. Thank you. Motion made by myself and seconded by Member Zhang. Student Board member, how do you vote? Yes. Member Thomas? Yes. Member Jones? Yes. Member Zhang?

[19875] SPEAKER_32: Yes.

[19876] Phuong Nguyen: Member Hill?

[19877] SPEAKER_32: Yes.

[19877] Phuong Nguyen: I'm also yes. Six ayes. I love your enthusiasm, Member Jones. Thank you. On to 16.3, Resolution 2022.23.18. designating certain general funds as committed fund balance for 22-23. Dr. Shepard.

[19901] Mark Triplett: Thank you. Ms. Del Cruz, you want to jump in?

[19907] Marie dela Cruz: So since we transferred the LCAP carryover to the operating budget, the LCAP carryover was designated as a committed fund balance. We have to update the resolution to not include the LCAP carryover.

[19931] Phuong Nguyen: Any questions or comments on this resolution?

[19935] Bowen Zhang: So is the committed fund balance, that's not a part of the reserve, the 17% reserve we voted for, right?

[19943] Marie dela Cruz: Correct.

[19944] Bowen Zhang: Yeah, the committed fund balance is... Due to the state requirement, we cannot redo that anymore, right? So that's why we have to separate them all.

[19953] Marie dela Cruz: That is correct, yes. So the committed fund balance has to be separated from reserves because there's a cap of 10% based on the the state ed code.

[19965] Phuong Nguyen: Any other questions or comments? If not, may I get a motion to approve the resolution?

[19969] Bowen Zhang: I move to adopt the resolution 2022.23.18 designating certain general funds as committee fund balance for 2022 to 2023.

[19976] Phuong Nguyen: May I get a second, please? I'll second that. Thank you. Motion made by Member Zhang, seconded by Member Thomas. Student Board member, how do you vote? Yes. Member Thomas? Yes. Member Jones?

[19987] SPEAKER_32: Yes. Member Zhang? Yes.

[19988] Phuong Nguyen: Member Hill? Yes. I'm also yes. Six ayes. on item 16.3. On to consent agenda pooled agenda items. We'll start. We'll start with the 12.5.

[20008] SPEAKER_38: Member Hill.

[20010] Aiden Hill: Thank you, President Nguyen. So, yes, just a question about this. Because my recollection is that that some of this work started right when I joined the board. And so I was new. It was COVID. We were all remote. But my recollection was that a lot of times when we're engaging in these studies where the state says that they're going to provide funding, that there's always sort of additional costs. And that's been my experience. Again, just in a lot of areas of business where there's hidden costs, there's overhead costs that don't always get calculated. And it was my recollection that when we talked about this particular item that we were told that there weren't going to be additional costs. That's my recollection. But again, it could be mistaken. But it looks like there is kind of an ongoing consulting fee that we have to pay. And so I'd just kind of like to get clarification on this topic.

[20085] Marie dela Cruz: Yeah, so this consultant focuses on energy savings grant and they go out and try to find these grants that could help our district save in water electricity and anything to do with energy and their Fees are really based on which grants they're able to get. If they're able to get any savings, sometimes the agreement is that we share in the savings. If they're able to get a grant for the electric charging station, there might be a matching kind of a fund where we pay some of the time that they need to manage these projects. So for this particular extension, there's $66,000 that's built in to help cover any fees related to any of these projects that come from the grants.

[20150] Aiden Hill: Thank you for the clarification. I mean I'd appreciate it if we could maybe table this and bring it back because you know again I mean Having been a former consultant, I know that consultants promise all sorts of amazing savings. And oftentimes, they're long gone before they actually ever materialize. And it would be great to be able to see, OK, so they've engaged in work. They've done a variety of projects. It would be great to be able to see, well, here's what they've brought in. Here's what the costs have been. And has there been sort of a net savings? And then that would really be strong justification for approving, you know, continuing five years. But if really all we're seeing is costs and not savings, I think that it would be, you know, maybe appropriate to reconsider. And so would that be possible to come to bring back, you know, sort of an analysis to say, here's the work that they've done. And again, here's the hard dollar savings that we've actually achieved so far based on the money that we've already spent.

[20221] Marie dela Cruz: Well, for this particular MOU, what's specified in the amount is related only to the charging stations. So this $66,000 right now is only for the charging stations. And if we want to continue with this project, I don't think we could table this because they've already started that project. And if you look in the background, The consultant, they've been able to secure over almost a million and a half in Prop 39 funds. They've replaced the lights over at the high school. They were able to do some water savings over at the junior high.

[20269] Aiden Hill: Some things in the past, but this particular MOU right now is... Do we have a sense of how much savings they've already created for us?

[20281] Marie dela Cruz: Well, I don't have that off the top of my head, but that's something that we could get for you. Ms. Thomas, yeah, you've been here.

[20289] Nancy Thomas: Yeah, I'd like to chime in a little bit because, you know, I think we for years have been using, if not this firm, but I think it is this firm, right? Right, they've been with us since. And we have recognized a lot of savings because of the work they've done. But I think it is kind of, something that we should analyze. We should analyze what is the return on the investment of the work they've done for us and is there is that something we can do in-house on our own anyway and recognize the savings without having to pay them. I'm not suggesting we do that because I don't think we have the skill set in-house but it's just kind of knowing when we invest in something like this with a consultant that we are getting a return and have been over time?

[20344] Marie dela Cruz: Well, if you notice in the MOU, the cost sharing right now, because we don't have anything existing, it's not defined yet. So it will be defined if they are able to find something.

[20355] Nancy Thomas: But for now... But historically, can we maybe get those numbers so that we can be pretty confident that they'll continue getting more for us than we would have gotten without them.

[20369] Phuong Nguyen: Sure.

[20370] Mark Triplett: And Ms. Delacruz, am I correct in understanding from the background that they helped secure $1.4 million in Prop 39 funds? Is that correct?

[20379] Marie dela Cruz: Yes. That's what they've been helping us with.

[20382] Mark Triplett: Do you have an estimate of what they charged in order to secure those funds?

[20389] Marie dela Cruz: I don't have that. Yeah, sorry.

[20393] Mark Triplett: Was it anywhere near $1.4 million that they charged you? No.

[20398] SPEAKER_42: Thank you.

[20403] Phuong Nguyen: OK. Since we don't have a motion, he wanted to table it. Member Hill wanted to table it and bring this back after there's been a review of analysis of it. I'm okay with approving the contract, especially since they've already had started work and we have a working partnership with them and they have secured funds for us in the past. So if this is work that needs to be continued because of the charging stations, I'm ready to make a motion to approve. May I get a second?

[20448] Bowen Zhang: I'll second that.

[20449] Phuong Nguyen: Thank you. Motion made by myself and seconded by member Zhang. Student board member, how do you vote?

[20455] SPEAKER_32: Yes.

[20455] Phuong Nguyen: Member Thomas?

[20457] SPEAKER_32: Yes.

[20458] Phuong Nguyen: Member Jones?

[20459] SPEAKER_05: Yes.

[20460] Phuong Nguyen: Member Zhang?

[20461] Aiden Hill: Yes.

[20462] Phuong Nguyen: Member Hill?

[20463] Aiden Hill: I'd like to just make a clarification. So I'm willing to go with the board and support this, but I'd like to request going forward that we have this kind of analysis done up front. Thank you. I agree. I'm not asking for a part of the motion. I'm just making a comment.

[20480] Phuong Nguyen: I vote yes. Motion passes with six ayes. Item 12.6, Member Hill.

[20491] Aiden Hill: Yes, so again, echoing comments that came out of public comments. So having spent some time in the procurement field and competitive bidding, I I do see here that it looks like, given the wide diversion of bids here, that most likely either the specs were not clear to all of the bidders, because literally you've got, you know, a delta of, you know, between the lowest and the highest of, what is that, 80,000. And then from I'm sorry not to the highest of the middle and then from then to from the middle there another 60,000 and so what that tells me is is that it's probably they they have a different sense of the specs that's scenario one or scenario two is You've got somebody low-balling and then the problem is going to be is that later on they're going to come back with change orders and in reality actually that is That is kind of a, I mean, it's not kind of, it's against Ed Code in terms of the, and public contracting code in terms of not allowing or not permitting, basically, the splitting of orders. Because you're going to have, again, somebody saying, oh, yeah, I can do this work. But then ultimately, they're going to come up with a new change order and a new change order. And so in reality, we might find out that it ends up actually being $197,000. And why didn't we go with it? the original bidders first. And so my suggestion is I think that we ought to, again, table this and actually have our group go back to the drawing board and make sure that the specs are very clear. And then to also make sure that we do a comparison on what people are bidding on. Because again, it just doesn't make sense to me. So that's my request.

[20618] Phuong Nguyen: Ms.dela Cruz, can you please explain to us why there's the discrepancy in the proposals?

[20625] Marie dela Cruz: Yes, so all of the contractors were given the same specs and drawings and designs. They submit their bids based on their cost and whatever they think their staffing needs are. We discussed this with the consultant. They reviewed the bids with each of the contractors. They asked questions and made sure that they understood what was included in the scope of work and based on their review and their discussions with the contractors, they're recommending the lowest bid. They've worked with this contractor before and they've had good experience and they've worked with the other contractors as well and it just depends on what's happening in their world. Sometimes they need more people than maybe the other bidder needs. And sometimes their costs or their bidding based on working on weekends or overtime. It just depends. But they're using the same specs, same drawings. They each had an opportunity to talk to the designer and the engineers.

[20687] Aiden Hill: But what you would normally see is you're not going to just see a vendor just submit one number. they're going to submit a proposal. And so there's an RFP that goes out, and then there's a corresponding proposal that comes from each of these vendors. And usually what you'll find in the proposal is an explanation of how they arrive at the number. And so again, it just seems very highly unusual that we see such a wide diversion, because it means that they probably have different estimates for what is required, and I think it would be it would be important to understand what those differences are. Because I've seen situations where you have very reliable or very conscientious contractors that really thoroughly bid something out. And then you have other people that have not done as thorough of a job and have missed things. And then later on, you actually end up spending way more money. And so again, I'd request that we have whoever was overseeing this take a second look and, again, give us an explanation of, you know, is this really apples to apples or, you know, why are there differences and can we feel confident that Pappas Energy is really going to be able to deliver on this for the bid that they've submitted?

[20763] Marie dela Cruz: First of all, just some clarification on public works bids. There isn't a proposal that explains their bid. Usually there's a base bid, which is a number, And that's what we get. So we provide the specs, the drawings. We do a mandatory bid walk and provide an opportunity for all the contractors to ask questions. And then they provide a number. That's just the way public works, is bid. And then it's based on, we award based on the lowest bid. So it's not an RFP situation. It's a bidding.

[20806] Mark Triplett: And Ms. Del Cruz, is that what we're required to do by law or by regulation?

[20809] Marie dela Cruz: Yes, this is based on public works. Yes, public works bids. And we are also part of what's known as CAPCA, where we have a $200,000 limit to where anything under $200,000 is not formally bid, but we get quotes and informal bids. Ms. Jones.

[20834] SPEAKER_42: Member Jones, I apologize. Thank you.

[20837] Kat Jones: Sorry. On their electrical quote, it says base bid. And as Dr. Triplett was, he and I were talking about it the other day, and I asked if it's possible to find out, did the other bids have that Those two words together, or was it just bid? Because base bid, to me, means one thing, and bid means another thing.

[20872] Marie dela Cruz: Base bid is what all the contractors have to submit. There's a base bid. OK, so all of them were the same. Yes. So usually with the bid package, there's instructions on how to submit your bids. And we're asking for the base bid in this particular case. And sometimes it's awarded based on a base bid. If there's any alternates, you can specify that we'll be awarding based on your base bid plus the alternate or only on the base bid. So those are the kinds of things that are part of the instructions to bidders.

[20909] Kat Jones: OK, so moving forward. What happens, and I apologize because I just don't quite understand the entire process. What happens if they come back and they want to, they need to do a change order because things aren't what they said. How does that work now if we're approving this amount of money, excuse me, for this, and they come back and they say, well, it's going to be 20, you know, 20,000 more because yada, yada, yada. How do we, How does that work in the process when, like Member Hill said, could it go up again? Excuse me.

[20951] Marie dela Cruz: Yeah, no. There is a process for change orders, and it has to be justified. If they're saying we need a change order because of some discrepancy in the drawings, then we review that and verify whatever discrepancy. Maybe that was not in the drawings that they're saying needed to change order. But it's not just because our costs went up. It has to be based on the specs and the drawings that were part of the scope of work and what was provided to them in the documents.

[20982] Diego Torres: Mr. Torres. Is it possible to just get like an in-depth report about all the money that's actually going to be spent? Like in what department? Like how much is going to be spent? And like the concrete and how much is going to spend for the labor? Like in this proposal that we have? Or I don't know if that's already established.

[21001] Marie dela Cruz: The cost for this particular project?

[21004] Phuong Nguyen: No, itemized items for how they came up with the base bid.

[21008] Marie dela Cruz: Oh, no, we usually don't get that. What we might get is their subcontractor lists, but we don't get the specifics. Only if they claim, if they want to, what do they call it, if they want to take their bid back, they have to show us where they made the mistake or if there was some sort of clerical error.

[21031] Bowen Zhang: So do we have any information about the history of this bidder? Does this bidder have a history of doing change orders once they make the bid?

[21043] Marie dela Cruz: Well, I do have the consultant on the line if you want to ask if she can, I was just, is that something you want to know about the history of this particular contractor?

[21055] Bowen Zhang: Yeah, if the consultant knows about the other word, related word that this bidder does because the number does seem to come out pretty low compared to the 100 line. I mean, if they know this, if the consultant can speak about the past performance of this bidder, I think the board might be more confident to approve this contract.

[21073] Marie dela Cruz: Yeah. And this is really one of the reasons why we go out to bid, right? So let's say we only got a quote for $197,000 and then another contractor could have done it for $50,000. We have to do our go through our process to make sure that we get the lowest and best price. But I could have Yvonne, Ms. Tom, explain. Yvonne, can you give us some background on the contractor and your experience?

[21109] SPEAKER_18: Yes. This contractor has worked with us for the last five or six years. They are always the lowest bidder. He uses very few subs. He does the work himself. And he has worked for Newark also, as well as a lot of other school districts in the Bay Area. And so because his price was so low, our engineer went, reviewed specifically all the elements just to make sure he understood everything. And as I said, we had drawings for everyone. Everyone was at the same bid walkthrough. Everyone asked, heard all the questions from the other vendors. And they also submitted requests for information if they thought of a question after the bid walk and we had to answer them for all of them. So everyone heard all the questions. His work is very clean. Right now, he's doing a project for one of our unions where we're re-electrifying all of the lighting. And I would say he's very good and dependable. Actually, all three of them are very good and dependable. All three of them have worked for you.

[21197] Marie dela Cruz: Does that help? Thank you, Ms. Tom. Yes, that helps.

[21200] Phuong Nguyen: Thank you. Any other questions or comments?

[21204] Bowen Zhang: Yeah, I guess doing the work himself probably would be money saver.

[21210] Nancy Thomas: Right. With that. And I think you know our history with this consultant and and based on her comments about his reliability and working with us before I'm willing to take a risk.

[21225] Phuong Nguyen: OK. Are you willing to make the motion.

[21227] Nancy Thomas: I'll make the motion that we approve this.

[21230] Phuong Nguyen: Thank you. Member Thomas make it a second. I'll second that motion made by member Thomas seconded by members on student board member. How do you vote.

[21237] SPEAKER_32: Yes.

[21238] Phuong Nguyen: Thank you. Member Thomas? Yes. Member Jones? Yes. Member John? Yes. Member Hill? Yes. I'm also yes. Six ayes. Thank you. OK. Last item that you pulled, Member Hill, is 12.7 resolution 2223.23.15, combined annual accounting of developer fees for 21-22 and five-year report.

[21270] Aiden Hill: Yes, so just a clarification, because I noticed that the capital fund was listed on there, and the amount was $16 million. I don't have the item in front of me, but roughly about $16 million ending balance at the end of, I think, June or July 30th. But according to the first interim, we're down now to $13 something, $13 million. And so I'm just curious why on the agenda item we didn't put $13 million and we put $16 million.

[21305] Marie dela Cruz: Yeah, so as of June 30, 2022, last year, it was $16 million. But we have HVAC projects already encumbered in the funds that were approved by the board.

[21325] Phuong Nguyen: Thank you. Oh, okay.

[21327] Aiden Hill: Thank you.

[21327] Phuong Nguyen: All right, I'll make it a motion to approve item 12.7.

[21329] Bowen Zhang: I move to approve the resolution 2022.23.15.

[21335] Phuong Nguyen: Thank you, may I get a second? I'll second. Motion made by Member Zhang, seconded by Member Jones. Student Board member, how do you vote?

[21342] SPEAKER_32: Yes.

[21343] Phuong Nguyen: Member Thomas?

[21344] SPEAKER_32: Yes.

[21344] Phuong Nguyen: Member Jones? Yes. Member Zhang?

[21346] SPEAKER_32: Yes.

[21347] Phuong Nguyen: Member Hill?

[21348] SPEAKER_32: Yes.

[21349] Phuong Nguyen: I'm also yes. Six ayes on item 12.7. The next item that was pulled after first reading to be brought back is 12.8 through 12.14. Any comments? Member Thomas?

[21364] Nancy Thomas: Yes. I've spoken up before about the need to be able to see what changes are when we update a policy. And I would respectfully ask the board to table this and bring it back as if it's a first reading and then bring it back for action at the next meeting. And then from that time on, we can always, if we have it for action, if we see that there's minor changes or minor increases or whatever, that we can delay or we can take action and not and waive the second reading so that we can still do it quickly and expeditiously, especially if they're small changes. The other concern is the visibility of what the changes are. And I had a nice conversation with Ms. Gutierrez, and she's willing to sit down with me and show me the work that would be entailed in doing a red line Maybe between the two of us, we can come up and bring back a recommendation to the board of how you can be assured that the changes are visible to the board and the public without having to go through the laborious redlining process. So that would be my hope, is that the board would go along with bringing this back at the next meeting for action. And also, giving Ms. Gutierrez and I a chance understand how we can make sure that the board can see what the changes are. Is that okay with everyone?

[21474] Phuong Nguyen: I just have a question for staff. Are there any urgencies in any of these policies tonight?

[21483] Mark Triplett: Thank you for that question. I don't believe so and I do want to just recognize that we have put in the background this intention that these can be a first reading. And and so if any if any for any of these board policy updates if board members wish to To bring it back for a second reading. It's um, that's that's welcome and It's it's our intention that that's part of the process staff is are there any that are that that I'm missing that are time-sensitive All right, all right we can pull these Thank you Do we need to vote to pull them?

[21523] Phuong Nguyen: No. All right. Almost there. Almost there. Do you think we'll make it? OK. On to item 18.1, Board of Education Recognitions and Announcements. Student board member Torres.

[21542] Diego Torres: I'd just like to recognize our wonderful staff at Newark Memorial High School, including the cafeteria staff. They always greet me with a great good morning. How are you doing? And it's good to see their great smiles every morning. So I'd just like to appreciate them and the wonderful custodians that we have on campus who put in so much effort to make sure the campus is clean. So I'd just like to recognize them.

[21562] Phuong Nguyen: Thank you. Member Thomas?

[21564] Nancy Thomas: I appreciated their visit yesterday to the STAR Lab to see the wonderful work that the staff and the students have been doing.

[21571] Phuong Nguyen: Thank you. Member Jones?

[21575] Kat Jones: I also appreciated that opportunity to go yesterday and to learn more about it. I was very impressed by the students and their presentations. And it was just a wonderful time spent.

[21589] Phuong Nguyen: Thank you. Member Zhang.

[21591] Bowen Zhang: First, welcome to new board members. And again, I've worked with Member Thomas for roughly six months in 2019. And welcome back to the board. Two days ago I went to the Memorial High PTSA meetings and one of the big items in their PTSA meeting was the principal update. I was very impressed by how informative the principal update was and what kind of work they were doing in the high school to improve student outcomes and success. I think I learned a lot of things from that principal's update that I couldn't learn from a regular board meeting. So I encourage other board members to attend these PTSA, particularly one in high school, where you really can speak directly to the parents, to the community volunteers, and be closer to the constituent we represent. Yesterday, obviously, I was also invited to the STAR Lab. And I want to thank everyone for really the two years, literally two years of hard work. It started in late 2020. And hopefully, that STAR Lab can be a magnet place attract our students to come and experience science and technology after school. Some of you may know I recently got married. My wife and I have decided to spend the next chapter of our shared life in the waterfront community of Rebel Shores, a place that's much closer to where I work and also offers a dragon boat racing experience. which remains my wife's fondest memory during her times at Harvard. As a result, my service on the school board will conclude at the end of February to allow time for a smooth transition. Lastly, I want to wish, obviously, everyone a happy holiday season.

[21707] Nancy Thomas: Member Hill? Wow.

[21710] Phuong Nguyen: Member Zhang likes to throw his bombs every now and then. Remember, he did not steal your thunder, so please make your comments. No, I'm speechless.

[21729] Aiden Hill: So, yeah, again, just echoing Member Zhang. So, welcoming our new board members. So, again, really appreciate the hard work that goes into running for office. And now you're here and looking forward to working with you going forward. And then regarding President Zhang, again, I'm kind of speechless. But just on a short-term basis, just want to thank you for your service. And I'm sure that there'll be more to come. And so that's it. And then just one last thing regarding, I just want to also thank NTA for coming this evening and being a fellow teacher. I understand how important preps are. And again, people think that this is a luxury. When you're a teacher, it's not. I mean, it's really important time for both for you to prepare for any upcoming classes that you have, as well as to do grading. And so understand the challenges and the pain. And I'm definitely committed to trying to work with my fellow board members to see if we can try to alleviate the situation. So thank you.

[21806] Phuong Nguyen: Thank you, Member Hill. I echo the same sentiments as Member Zhang and Member Hill. Welcome to the board, our two new board members. I'm looking forward to working with you both, and congratulations to Bowen, or Member Zhang. Well, don't necessarily want you to step down from serving the students in our community, but this is a new and exciting chapter in your life, and we're very excited for you, obviously, and happy for you, even though it's going to impact us. So with that said, and I also echo member Hill comments in regards to our teachers really having to sacrifice and doing all that and missing their preps. We do understand that the situation and and acknowledge what you guys are going through is very difficult and hopefully we'll be able to work out something where we can help and try and resolve the problem. So please continue to hang in there. And we do really appreciate all the hard work that you're doing and the committed dedication to the students. So yeah, it is very hard. I know that it's just words here and may not mean much to everybody else that is doing the hard work. But we do acknowledge it. and want to just really stress that. And lastly, so overwhelmed by the achievement of the STAR lab yesterday and the grand, well, the ribbon cutting for the students, but the amount of effort and energy and excitement in a short period of time over the pandemic, we were able to, well, the staff was able to get that together and and put that together and I'm I'm just overjoyed of the outcome and how elated that our students are and like member Zhang said I hopefully this STAR Lab will be a magnet for other school district other students wanting to come and join our school district like one of the presenters said only about 45% in the 45% of districts in the state have programs like these and since we are in the meta of Silicon Valley and the start of this, I hope that we are able to sustain it and I hope that the board members here who are able to go and see the amazing effort that our teachers and staff have put into it that we can and continue to sustain it and support them so that we can build this program to be one of the best in the state, if not the nation, if that's possible. So I hope that I have your support on that. So with that being said, thank you to our executive staff and everyone else, and happy holidays. Thank you, Diego. Your student voice is always welcome, and we appreciate it so much. On to board and education committee reports. There are none to report, except we did make new appointments. So with that said, we're going to be moving on to... Oh, sorry. I apologize. There was an audit committee meeting.

[22021] Aiden Hill: Yes, we had an audit committee meeting on, I believe it was 12-6. But there were no actions taken, and so we're just awaiting the... of the final audit, which we'll have more information on in the coming year in early January.

[22037] Phuong Nguyen: Thank you. Thank you, Member Hill, for the update. I apologize for cutting short. On to Board of Education requests. Student Board member, do you have any requests at this time?

[22048] Diego Torres: This might be a really big request, but I was wondering if we can get a report of all the ways that the district is planning to make sure that teachers don't have to constantly be subbing a lot and to make sure that like the school, we can have a safer environment because one of the teachers who is like my Ms. Newb, when she was talking about the safety, it was really like scary for her because it happened in her class, like a fight literally happened in her class. And she didn't come at all for like the next week because she was so scared. And it just was awful to see that like I had to get sub after sub and no instruction for like a whole week just because of a safety issue on our campus. So I just really hope that our district really takes us seriously in the subbing problem. So I was just wondering if we can just get some more information on the ways that we plan to address that issue. So that was the first one. And then the second two, I hope everyone has a good holiday and enjoys their break and stays warm because it is really cold outside.

[22101] Phuong Nguyen: Yes. So on your first request, we do have to get a majority of the board.

[22110] Mark Triplett: Sorry, could I just make a comment? I really appreciate the request, Member Torres. We did make a recall. We've presented on this topic earlier in the year, and we could come back and present again. It's an ongoing challenge. It's really, really hard. It's the hardest thing right now. And we're doing everything we can possibly think of to try to support and address the subbing shortage. So we could come back and give the presentation again. I just want to remind the board that we have presented on this topic earlier in the year.

[22148] Phuong Nguyen: Thank you for the clarification. Superintendent Triplett, with the board, since we do have two new members of the board, would you, do we have consensus or majority to bring back the presentation?

[22164] SPEAKER_32: Yes.

[22165] Phuong Nguyen: Thank you.

[22167] Diego Torres: Oh, and then I have another request. Can we like stop bringing up bombshells like this over here? I swear there's something new every meeting. Member Marquez leaving.

[22176] Nancy Thomas: I second that request.

[22178] Diego Torres: I'm so sad.

[22180] Phuong Nguyen: Thank you, student preparatory. Member Thomas, do you have any requests at this time?

[22185] Nancy Thomas: Yeah, I am trying to figure out how to ask it. I guess I want to know if the board would support me and if the superintendent would support Lucia to work together and you of course could join us superintendent to to look at the issues around updating policies that are missing and so forth and also updating and coming up with hopefully a solution to That's efficient that will you know signify everything that has changed when we bring up a policy for updates Is that something that?

[22223] Bowen Zhang: Yeah, I mean, not only I support working with individual cabinet member when superintendent is present, I actually do encourage individual board member to reach out directly to the superintendent and his staff because I think oftentimes that board meeting is not the only place where you get information. I mean, take full advantage of your private one-on-one with the superintendent and reach out and ask questions. because I felt like sometimes my private one-on-one with the superintendent, sometimes I also ask Dela Cruz to join a certain Zoom meeting. It's as productive, as informative as some of the public board meeting. Not every problem needs to be solved on a public board meeting.

[22269] Nancy Thomas: Well, I would like this to be a project where we bring back a solution and a recommendation to the board. So that's the nature of what I'm asking for. I see nods, okay. Ms. Gutierrez, are you okay with that?

[22289] SPEAKER_42: I defer that to Dr. Triplett at this point.

[22295] Mark Triplett: Yeah, we've developed a process, as you all know, for updating the board policies, and we're always open to continuing to improve that process. I think partnering with CSBA, Gamut, and Fellow the board members who are interested in in in being engaged. I think we welcome that and yeah, we want to continue to to make it as efficient and transparent as possible and and There's it's as we mentioned at the beginning of the year We had a really big project to try to get this done. We recognized how backlogged this has been. And so that's what we've been trying to work through. And if we need to continue to modify the process in partnership with board members, as well as with Gamut, we'd be very open to that.

[22354] Nancy Thomas: Well, there's another request, too, then. I don't know if the other board members have it, but now that Ms. Jones and I are on the board, can we get access to Gamut password? Okay, thank you.

[22370] Jodi Croce: Member Jones?

[22373] Phuong Nguyen: I am not going to make a request at this time. Okay, thank you. Member Zhang? You're denied a request, you're leaving it.

[22381] Bowen Zhang: Yeah, so last time the request about the disaggregation of the cash report, I think I met Mr. Dollar, which looks like in general we're going to have a generalized item to discuss the economic performance. So my request has been fulfilled.

[22397] Phuong Nguyen: Thank you, Member Hsiung. Member Hill?

[22399] Mark Triplett: Oh, sorry. Just to clarify also, Member Hsiung's request, we did loop back just to confirm in the dashboard, it's late and it has not been released yet. So that's one of the reasons we haven't been able to bring it forth. We're expecting the dashboard to be out in the next week, and that's why we'll then be able to bring forth a presentation in January Thank you, thank you, Dr. Triplett.

[22430] Aiden Hill: Member Hill Yes, thank you. I have a few requests So the the first request is Whether the first two actually are related to the board to handbook So on page 14 of the board handbook where it talks about president's duties one of the items that it talks about Responsibility is to rule on parliamentary procedure and so in the assumption embedded in that is that we have parliamentary procedure to rule on But the parliamentary procedure is not embedded in the board handbook. That's not the intent of the board handbook So my request is that we adopt an abbreviated version of Robert's Rules of Order called Rosenberg's Rules of Order. And this is actually endorsed by the California League of Cities and is widely used. And I can pass out just a quick very, very high level Description of it. It's I mean you can google it, but but I'd like us to bring that back In you know and hopefully the next meeting because it's so important a To be able to have formal parliamentary procedure that we can use and let me just pass this out. I made a copy for dr. Triplett And And just so that people understand, the key is, when Rosenberg, he's a former judge, when he talks about the intent of having good parliamentary procedure, it's basically four points. It's rules should establish order, rules should be clear, rules should be user-friendly, and rules should enforce the will of the majority while protecting the rights of the minority. So again, I'd like to request that we bring this topic back at the next meeting for consideration and potentially action. So that's my first request.

[22553] Bowen Zhang: I can second this one.

[22555] Mark Triplett: Could I provide a little clarity? So I think that that could be something that would be brought back in the discussion around the governance handbook. But Member Hill, are you suggesting that we don't do it during the governance handbook session, and rather we do it some other time?

[22571] Aiden Hill: No, I'm suggesting that we do it in the next meeting because again, the proper, you know, essentially the running of the meeting is paramount. And so I think that this is something that we need to take action on sooner rather than later.

[22590] Nancy Thomas: When I was on the board previously, we had laminated Robert's Rules of Order. cards, and we tried to follow Robert's Rules of Order. So I think if this is a simplified version, I think that may be a good idea. Another thing I'd like to explore with you, Mr. Triplett, or Dr. Triplett, is bringing back the boxes that we used before, where the president, there's a button where you can request to be able to speak. And so the president can call on you in order so that we don't have to go one, two, three down the line, but we can have people speak as they want to on different topics or whatever the agenda item is. So I think that those electronic boxes must be still available someplace.

[22646] Mark Triplett: Sorry, just for clarity, do we have a request on, and are we going back to requests?

[22650] Nancy Thomas: Well, I'm just, I'm just, I'm sorry. It's late, it's late.

[22655] Leonor Rebosura: I know, I know.

[22656] Nancy Thomas: I'm piggybacking off of Member Hill's request. I know, this is a rather informal part of the meeting, I think, so I'm sorry if I interrupted.

[22665] Aiden Hill: I mean, I'm happy to add that as part of my request. I mean, and again, I'm just requesting that we agendize this as a discussion item, but potentially for action in the next meeting. And I'm happy to add your component as well.

[22685] Phuong Nguyen: And so that was the first request related to the... Sorry, the first... Member Hill's first vote... request. Do we have a majority?

[22698] SPEAKER_42: Is this for the Rosa procedure? Yes.

[22700] Nancy Thomas: Yeah, I'm fine with it.

[22705] Mark Triplett: So we'll bring that back as an agenda item for discussion.

[22708] Nancy Thomas: Yeah, and then can you loop around and I'll make my second request again? No.

[22711] Phuong Nguyen: We're down to 15 minutes.

[22714] Aiden Hill: And then... Second request quickly is the the other thing that Both has been in the board handbook and we actually made changes when I first joined the board but I don't think it's it's been working is it used to be that the protocol that when the agenda study meetings with the with the superintendent were set that It should have two board members present in these meetings and traditionally it's always been the president and the vice president But when I joined the board, we changed that and we put it on rotation. But I can tell you that in the past year, maybe even year and a half, I haven't been on any rotation. And so I think that, you know, there's a breakdown. And I know in talking with CSBA that it's considered a best practice to have two board members. And so I'd like us to also agendize for the next meeting that we make a change and we bring back the way that it used to be where you have both the president and the vice president. in attendance on agenda setting meetings. That's my that's my second request.

[22782] Mark Triplett: If I may just for clarity we do do a rotation I think member Hill I know it's my understanding is that you expressed that you were unavailable. No that's not that's not correct.

[22793] Aiden Hill: We have well we have been doing a rotation. So that I haven't been invited so nobody's nobody's made that request of me.

[22800] Phuong Nguyen: so yeah you were you were invited and then you indicated that yes weren't available no you're not you're you're not okay that's not correct so it doesn't matter I need to intervene here if the request is that the board there has always been two members of the board during a gender review so if you weren't included member Hill then you know now you're you and the since you're in the vice president seat and member Thomas is the new president if you guys so wish his request is that the president and the vice president review the agenda items.

[22842] Mark Triplett: I believe the request is to bring it back as an agenda item at the next board meeting for discussion.

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

2. APPROVAL OF AGENDA

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

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, Unrepresented Supervisors, and Contracted Management

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

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: Two cases

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

Type Action, Information, Procedural PURPOSE:

To discuss the following case(s): Bretz vs Newark Unified School District Keenan Claim # 569505

STUDENT EXPULSION (Ed. Code, � 48918)

Type Information, Procedural PURPOSE:

For the Board to review expulsion-related cases.

BACKGROUND:

The expulsion review process was followed in accordance with the California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil" as well as Board Policy and Administrative Regulation 5144.1 and, if applicable, 5144.2 for students with disabilities.

The following cases are up for review: e2122- 02 e2122- 20 e2122- 19 e2122- 14 e2122- 18

A Stipulation Expulsion Agreement was completed in accordance with Board Policy and Administrative Regulation 5144.1 and, if applicable, 5144.2 for students with disabilities.

In addition, the administration asks for approval of the recommendation for Case# e2223-02. (Ed Code. � 48918).

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

Recognition to the Outgoing Board Member

Type Information PURPOSE:

The Board will recognize the outgoing Board Member, Terrence Grindall.

BACKGROUND:

Terrence Grindall has served the students of Newark Unified School District as a member of the Board of Education for two years and has been a loyal and dependable Board member having contributed countless hours of service in an effort to improve school district programs. Terrence Grindall has devoted significant time and effort serving as the representative for committees such as the Mission Valley Regional Occupational Center/Program Governing Council, City of Newark - Newark Unified School District Liaison Committee, Bond/Parcel Tax Committee, and the Audit Committee. Terrence Grindall has been an active leader and participant in numerous community organizations including serving as President of the Newark Rotary Club, Board Member and two-time past President of the Optimist Club, Board Member and past President of the Newark Education Foundation, and Board Member of the Bay Area Homeownership Alliance.

We congratulate, commend, and express our deep gratitude and appreciation to Terrence Grindall for his service to the school district and community and the Board of Education extends its sincere appreciation and best wishes for future endeavors.

School Spotlight: Birch Grove Intermediate

Type Information PURPOSE:

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

BACKGROUND:

The presentation and information will be provided by the Birch Grove Intermediate Principal, Olivia Wong.

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. ANNUAL ORGANIZATION OF THE BOARD OF EDUCATION

Signature Cards - Mid-Year Revision

Type Action

Recommended The recommendation is that the Board of Education approves the Signature Cards Mid-Year Action Revision for Board Members as presented. PURPOSE:

To update the signature card of Authorized Agents as required by the Alameda County Office of Education. Board Members

BACKGROUND:

This is the "Signature Card" to be kept on file at the Alameda County Office of Education. This is a mid-year revision to update Board Member signatures.

File Attachments Jones, Katherine_Board Member Mid-Year_2022-23.pdf (129 KB) Thomas, Nancy_Board Member Mid-Year_2022-23.pdf (147 KB)

Motion & Voting The recommendation is that the Board of Education approves the Signature Cards Mid-Year Revision for Board Members as presented.

Motion: Thomas
Second: Zhang
Unanimous: 5 Yea

Receive Certification of the November 8, 2022 General Election Board Trustee Results

Type Action

Recommended The recommendation is that the Board Receive the Certificate of Election Results and a copy Action of the Official Canvass for the November 8, 2022, General Election for the Newark Unified School District. PURPOSE:

BACKGROUND:

The Alameda County Registrar of Voters has furnished a Certificate of Election Results and a copy of the Official Canvass for the November 8, 2022, General Election for the Newark Unified School District. These documents are to be received by the Board of Education and attached to the official minutes of the December 15, 2020 Board of Education meeting.

Current Status: The Board is asked to receive the Certificate of Election Results and a copy of the Official Canvass for the November 8, 2022 General Election for the Newark Unified School District.

Policy Implications: This information is consistent with existing Board of Education Policy 9110.

File Attachments Newark USD November 8, 2022, General Election.pdf (100 KB)

Motion & Voting The recommendation is that the Board Receive the Certificate of Election Results and a copy of the Official Canvass for the November 8, 2022, General Election for the Newark Unified School District.

Motion: Jones
Second: Thomas
Unanimous: 5 Yea

Election of Officers - President

Type Action

Recommended The recommendation is that the Board of Education approves the nomination for the new Action Board President. PURPOSE:

The Board shall nominate a candidate to be voted and approved by the Board as the new President.

BACKGROUND:

Board Policy 9100: Organization Annual Organizational Meeting The Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall:

1. Elect a president and a clerk from its members.
2. Authorize signatures.
3. Develop a schedule of regular meetings for the year.
4. Develop a Board calendar for the year.
5. Designate Board representatives. (cf. 9140 - Board Representatives) (cf. 9320 - Meetings) Election of Officers The Board shall each year elect its entire slate of officers. (cf. 9224 - Oath or Affirmation)

Officers of the Board (NUSD Governance Team Handbook) At the annual organizational meeting, the Board shall elect from among its members a President and Vice President/Clerk of the Board. The term length of the officers shall be for one year. The Board shall designate the Superintendent as Secretary of the Board.

Duties of the Board Officers (NUSD Governance Team Handbook) The President of the Board of Education (Board Policy 9121) At the annual organizational meeting, the Governing Board shall appoint a president from its membership. The president shall preside at all Governing Board Meetings. They shall: Call the meeting to order at the appointed time. Announce the business to come before the Board in its proper order. Enforce and maintain the Board's policies related to the order of business and conduct the meetings. Recognize persons who desire to speak, and protect the speaker who has the floor from disturbance or interference. Explain what the effect of a motion would be if it is not clear to every member. Restrict discussion to the question when a motion is before the Board. Rule on parliamentary procedure. Put motions to a vote, and state the results of the vote.

The President shall have the same rights as any member of the Board, including the right to move, second, discuss, and vote on all questions before the Board, allowing other members priority to speak and make motions as a point of courtesy.

The Board President, or in their absence the Vice-President, shall also perform other duties as directed by law, State Department of Education regulations, and the Board, including the duty to: Meet with the Superintendent before meetings to review the agenda and meeting details. Represent the District at events when invited or appropriate. Sign instruments, acts, and orders necessary to carry out state requirements or the will of the Board. Consult with the Superintendent on appropriate Board issues or crucial matters which may occur between board meetings. Appoint and disband all committees, subject to Board approval. Call for meetings of the Board as they shall deem necessary, giving notices as prescribed by law. Be responsible for the orderly conduct of all board meetings. Share informational mail with other board members.

When the president resigns, is absent, or is disabled, the Vice President shall perform the President's duties. When both the President and Vice President are absent or disabled, the Board shall choose a President Pro Tempore to perform the President's duties.

Motion & Voting The recommendation is that the Board of Education approves the nomination for the new Board President.

Motion: Zhang


Second: Nguyen
Unanimous: 5 Yea

Election of Officers - Clerk/Vice President

Type Action

Recommended The recommendation is that the Board of Education approves the nomination for the new Action Clerk/Vice President. PURPOSE:

The Board shall nominate a candidate to be voted and approved by the Board as the new Clerk/Vice President.

BACKGROUND:

Board Policy 9100: Organization Annual Organizational Meeting The Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall:

1. Elect a president and a clerk from its members.
2. Authorize signatures.
3. Develop a schedule of regular meetings for the year.
4. Develop a Board calendar for the year.
5. Designate Board representatives. (cf. 9140 - Board Representatives) (cf. 9320 - Meetings) Election of Officers The Board shall each year elect its entire slate of officers. (cf. 9224 - Oath or Affirmation)

Officers of the Board (NUSD Governance Team Handbook) At the annual organizational meeting, the Board shall elect from among its members a President and Vice President/Clerk of the Board. The term length of the officers shall be for one year. The Board shall designate the Superintendent as Secretary of the Board.

The Vice President of the Board of Education (Board Policy 9123) At the annual organizational meeting, the Governing Board shall appoint or elect a Vice President from its membership. The duties of the Vice President shall be: Serve as the presiding officer in the absence of the President. Certify and attest to actions taken by the Board when required. Sign the minutes of the board meetings following their approval. Sign documents as directed by the Board on behalf of the District, and sign all other items which require the signature of the clerk. Perform any other duties as assigned by the Board.

Motion & Voting The recommendation is that the Board of Education approves the nomination for the new Clerk/Vice President.

Motion: Zhang
Second: Nguyen
Unanimous: 5 Yea

Appointment of Superintendent as Secretary of the Governing Board

Type Action

Recommended The recommendation is that the Board of Education approves the appointment of the Action Superintendent as Secretary of the Governing Board. PURPOSE:

The Board shall appoint the Superintendent as Secretary of the Governing Board.

BACKGROUND:

BOARD BYLAW 9100: ORGANIZATION

Annual Organizational Meeting The Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall: 1. Elect a president and a clerk from its members. 2. Authorize signatures. 3. Develop a schedule of regular meetings for the year. 4. Develop a Board calendar for the year. 5. Designate Board representatives. (cf. 9140 - Board Representatives) (cf. 9320 - Meetings) Election of Officers The Board shall each year elect its entire slate of officers. (cf. 9224 - Oath or Affirmation)

BOARD BYLAW 9122: SECRETARY The Governing Board shall appoint the Superintendent to serve as secretary to the Board. The secretary to the Board shall be responsible for maintaining an accurate and complete record of all Board proceedings and shall: 1. Prepare, distribute and maintain the Board agenda. (cf. 9322 - Agenda/Meeting Materials) 2. Record, distribute and maintain the Board minutes. (cf. 9324 - Minutes and Recordings) 3. Maintain Board records and documents. 4. Conduct official correspondence for the Board. 5. As directed by the Board, sign and execute official papers 6. Perform other duties as assigned by the Board. (cf. 2111 - Superintendent Governance Standards)

Motion & Voting The recommendation is that the Board of Education approves the appointment of the Superintendent as Secretary of the Governing Board.

Motion: Thomas
Second: Zhang
Unanimous: 5 Yea

Adoption of Board Policy Manual

Type Action

Recommended The recommendation is that the Board of Education adopts the NUSD Board Policy Manual. Action PURPOSE:

The Board shall adopt the NUSD Board Policy Manual

BACKGROUND:

The Board shall review and adopt the NUSD Board Policy Manual at every annual organization meeting. The digital manual can get found here: https://simbli.eboardsolutions.com/Policy/PolicyListing.aspx?S=36030599

Motion & Voting The recommendation is that the Board of Education adopts the NUSD Board Policy Manual.

Motion: Thomas
Second: Hill
Unanimous: 5 Yea

Adoption of the Governance Team Handbook

Type Action

Recommended The recommendation is that the Board of Education readopts the Governance Team Action Handbook. PURPOSE:

The Board shall readopt the Governance Team Handbook which is currently adopted and followed.

BACKGROUND:

The Governance Team Handbook "reflects the governance team's work on the creation of an effective framework for successful leadership and governance. This involves an ongoing commitment to discussions focused on the development of a Unity of Purpose, Governance Team Goals, and a commitment to norms and protocols relating to the formal structures that enable the Board of Education and Superintendent in the performance of their responsibilities in a way that benefits all children."

File Attachments 21-1216 - NUSD Governance Team Handbook - ADOPTED Dec 16, 2021.pdf (344 KB)

Motion & Voting The recommendation is that the Board of Education readopts the Governance Team Handbook.

Motion: Hill
Second: Nguyen
Unanimous: 5 Yea

Hill requested: asked to revisit handbook on a regular basis.

Set Regular Meeting Times (Hours)

Type Action

Recommended The recommendation is that the Board of Education approves the beginning and end times of Action the regular meetings' open session to 7:00 pm - 10:00 pm. PURPOSE:

The Board shall set the beginning and end times of the regular meetings' open session to 7:00 pm - 10:00 pm.

BACKGROUND:

BOARD BYLAW 9100: ORGANIZATION

Annual Organizational Meeting The Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall: 1. Elect a president and a clerk from its members. 2. Authorize signatures. 3. Develop a schedule of regular meetings for the year. 4. Develop a Board calendar for the year. 5. Designate Board representatives. (cf. 9140 - Board Representatives) (cf. 9320 - Meetings) Election of Officers The Board shall each year elect its entire slate of officers. (cf. 9224 - Oath or Affirmation)

Motion & Voting The recommendation is that the Board of Education approves the beginning and end times of the regular meetings' open session to 7:00 pm - 10:00 pm.

Motion: Thomas
Second: Jones
Unanimous: 5 Yea

Set Regular Meeting Dates for 2023-24

Type Action

Recommended The recommendation is that the Board of Education approves the dates of the regular Action meetings for the 2023-24 school year. PURPOSE:

The Board shall approve the dates of the regular board meetings for the 2022-23 school year.

BACKGROUND:

Board Policy 9100: ORGANIZATION

Annual Organizational Meeting The Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall: 1. Elect a president and a clerk from its members. 2. Authorize signatures. 3. Develop a schedule of regular meetings for the year. 4. Develop a Board calendar for the year. 5. Designate Board representatives. (cf. 9140 - Board Representatives) (cf. 9320 - Meetings) Election of Officers The Board shall each year elect its entire slate of officers. (cf. 9224 - Oath or Affirmation)

RECOMMENDED BOARD OF EDUCATION MEETING DATES for the School Year 2023-24

     Aug 3
     Aug 17 (Study Session)
     Sep 7
     Sep 21 (Study Session)
     Oct 5
     Oct 19 (Study Session)
     Nov 2
     Nov 16 (Study Session)
     CSBA AEC: NOV 30 - DEC 3
     Dec 7
     Dec 21 (Study Session)
     Jan 4 (No Meeting: WINTER BREAK 1-5)
     Jan 18 (Study Session)
     Feb 1
     Feb 15 (Study Session)
     Mar 2
     Mar 16 (Study Session)
     Apr 4 (No Meeting: SPRING BREAK 1-5)
     April 18 (Study Session)
     May 4
     May 18 (Study Session)
     Jun 6
     Jun 20 (Study Session)

Motion & Voting The recommendation is that the Board of Education approves the dates of the regular meetings for the 2023-24 school year.

NEW MOTION: The recommendation from Member Thomas is that board meetings change to Tuesdays beginning in the
2023-24 school year.
Motion: Thomas
Second: Nguyen
Unanimous: 5 Yea

Appointment of a Board Representative to Mission Valley Regional Occupational Program (MVROP) Governing Council

Type Action

Recommended The recommendation is that the Board of Education appoints a Board Representative and Action Alternate to Mission Valley Regional Occupational Program Governing Council. PURPOSE:

To nominate and appoint a representative and alternate to the Mission Valley Regional Occupational Program (MVROP) Governing Council.

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

The Education Code requires a Regional Occupational Center/Program Exhibit to be governed by a board of trustees as established by the Joint Powers Agreement. The Mission Valley ROC/P board of trustees is composed of one member of the Board of Education from Fremont, Newark, and New Haven unified school districts. Each year at this time a representative from the Board is selected to be the District's representative to the ROC/P Executive Board.

Meetings are held on the third Thursday of the month at 3:30 pm.

Thursday, January 19, 2023 Thursday, February 9, 2023 Thursday, March 9, 2023 Thursday, April 20, 2023 Thursday, May 11, 2023 Thursday, June 8, 2023 Thursday, June 15, 2023 Thursday, September 7, 2023 Thursday, October 12, 2023 Thursday, November 9, 2023 Thursday, December 7, 2023

Motion & Voting The recommendation is that the Board of Education appoints a Board Representative and Alternate to Mission Valley Regional Occupational Program Governing Council.

Motion: Nguyen
Second: Jones
Unanimous: 5 Yea

Appointment of a Board Representative to Regional Policy Board of Special Education Local Plan Area (SELPA)

Type Action

Recommended The recommendation is that the Board of Education appoint the Board Representative and Action Alternate to the Regional Policy Board of Special Education Local Plan Area (SELPA). PURPOSE:

To appoint a representative and alternate to the Mission Valley SELPA to continue until the end of this current school year.

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

In 1977, all school districts and county school offices were mandated to form consortiums in geographical regions of sufficient size and scope to provide for all special education service needs of children residing within the region's boundaries. Each region, Special Education Local Plan Area (SELPA), developed a local plan describing how it would provide special education services.

SELPAs are dedicated to the belief that all students can learn and that special needs students must be guaranteed equal opportunity to become contributing members of society. SELPAs facilitate high-quality educational programs and services for special needs students and training for parents and educators. The SELPA collaborates with county agencies and school districts to develop and maintain healthy and enriching environments in which special needs students and families can live and succeed.

The Mission Valley SELPA consists of three school districts: New Haven Unified, Newark, and Fremont Unified School Districts. The SELPA was formed for the purpose of ensuring that quality special education programs and services are available to students living throughout the area. All three school districts coordinate to provide services to identified students who require special education programs and services. The special education directors within each of the districts meet regularly to share resources and coordinate as related to shared program goals.

The 2022-23 Mission Valley SELPA Regional Policy Board Meeting dates are:

September 27, 2022, 3:30-5:30 PM November 15, 2022, 3:30-5:30 PM March 14, 2023, 3:30-5:30 PM June 13, 2023, 3:30-5:30 PM

It is recommended that the Board appoint a representative and an alternate to the SELPA.

Motion & Voting The recommendation is that the Board of Education appoint the Board Representative and Alternate to the Regional Policy Board of Special Education Local Plan Area (SELPA).

Motion: Zhang
Second: Torres
Unanimous: 5 Yea

Appointment of a Board Representative to Newark Teacher Induction Advisory Council

Type Action

Recommended The recommendation is that the Board of Education re-appoint the current Board Action Representative and Alternate to the Newark Teachers Induction Advisory Council. PURPOSE:

To review and re-appoint a representative and alternate to the Newark Teachers Induction Advisory Council until the end of the current school year.

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

The California Teacher Induction Program (CTIP) formerly known as Beginning Teacher Support and Assessment Induction (BTSA Induction) is a program co-sponsored by the California Department of Education (CDE) and California Commission on Teacher Credentialing (CCTC) designed to support the professional development of newly-credentialed teachers and fulfill the requirements for the California professional clear Multiple/ Single-subject and/or Education Specialist credentials. Senate Bill 2042 identified it as the only pathway to a clear credential. While the name changed in 2014, the intent and purpose remain the same:

Teacher Induction Program Goals: Provide an effective transition into the teaching career. Improve the educational performance of students through improved training, information, and assistance of new teachers. Enable candidates to be effective in teaching students who are culturally, linguistically, and academically diverse. Ensure the professional success and retention of new teachers. Ensure that a mentor provides individualized & job-embedded support and professional learning guidance. Ensure that an Individualized Learning Plan is developed by each candidate and is based on ongoing self-assessment on the California Standards for the Teaching Profession / Continuum of Practice. Ensure continuous program improvement through an ongoing process of inquiry. Newark Teacher Induction is a commission-approved Induction program. It is approved to support general and special education teachers who need to clear preliminary and/or Level I credentials. A Program Director provides day-to-day coordination within the local school districts and is responsible for implementing and coordinating local support, and ensuring program accountability and quality. An Advisory Council provides support and recommendations to the Program Director in matters of program implementation and evaluation. The Advisory Council consists of mentors, administrators, and board members from all the partner districts and/or schools. The Program Director serves as the program manager and executive officer of the Advisory Council.

Meetings are quarterly and usually held on a Friday morning, however, the council will come to an agreement on a time that works best for all.

The Assistant Superintendent of Educational Services and/or Superintendent also attend the Newark Teacher Induction Council meetings.

Motion & Voting The recommendation is that the Board of Education re-appoint the current Board Representative and Alternate to the Newark Teachers Induction Advisory Council.

Motion: Zhang
Second: Hill
Unanimous: 5 Yea

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

Appointment of a Board Representative to Bond/Parcel Tax Committee

Type Action

Recommended The recommendation is that the Board of Education re-appoint the current two Board Action representatives and alternate to the Bond/Parcel Tax Committee. PURPOSE:

To review and re-appoint the two representatives and alternative to the Bond/Parcel Tax Committee until the end of the current school year.

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

The purpose of the Bond/Parcel Tax Committee is to discuss ideas and implement actions that may assist in the procurement of a Bond or Parcel Tax to aid NUSD.

It is recommended that the Board will re-appoint the current two representatives and alternate to the Bond/Parcel Tax Committee.

Motion & Voting The recommendation is that the Board of Education re-appoint the current two Board representatives and alternate to the Bond/Parcel Tax Committee.

Motion: Zhang


Second: Nguyen
Unanimous: 5 Yea

Appointment of a Board Representative to Audit Committee

Type Action

Recommended The recommendation is that the Board of Education appoint two Board representatives and an Action alternate to Audit Committee. PURPOSE:

To conduct the appointment of two representatives and one alternate to the Audit Committee.

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

Pursuant to Board Policy 3460, the NUSD Board of Education has appointed the audit committee to serve in an advisory capacity and: a. Make recommendations regarding the selection of the external independent auditor in accordance with Education Code 41020 and 41020.5 b. Review the plan for the audit process with the independent auditor to determine the adequacy of the nature, scope, and timetable of the audit c. Review the results of the audit and participate with the independent auditor and management in preparing final recommendations and responses. d. Review Board policies and administrative regulations to recommend any revisions needed to ensure effective financial reporting e. Periodically report to the Board regarding the status of previous audit recommendations for improving the accounting and internal control systems

This committee meets, at a minimum, once per year in January. It is recommended that the Board will appoint two representatives to the Audit Committee.

Motion & Voting The recommendation is that the Board of Education appoints two Board representatives and an alternate to Audit Committee.

Motion: Hill
Second: Thomas
Unanimous: 5 Yea

Appointment of a Board Representative to the City of Newark - NUSD Liaison Committee

Type Action

Recommended The recommendation is that the Board of Education appoints two Board representatives and Action an alternate to the City of Newark - NUSD Liaison Committee.

PURPOSE:

To nominate and appoint two representatives and an alternative to the City of Newark - NUSD Liaison Committee

BACKGROUND:

Board Bylaw 9140:The Governing Board recognizes that effective performance of its community leadership responsibilities may require its participation in district or community committees on matters of concern to the district and its students. As needed, the Board may appoint any of its members to serve as its representative on a district committee or on a committee of another public agency or organization of which the Board or district is a member or to which the Board is invited to participate.

This committee meets four times per year with two representatives from the Newark City Council and two members from the NUSD Board of Education to update and inform both bodies of news from each agency.

The committee meets quarterly on the third Monday of the month. The next meeting will be on the fourth Monday in January due to a holiday on the third Monday.

The Board will appoint two representatives, and an alternative to the City Liaison Committee.

Motion & Voting The recommendation is that the Board of Education appoints two Board representatives and an alternate to the City of Newark - NUSD Liaison Committee.

Motion: Thomas
Second: Nguyen
Unanimous: 5 Yea

10. PUBLIC COMMENT ON AGENDA ITEMS

Public Comment on 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

11. 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.

Personnel Report

Type Action

Absolute Date Dec 15, 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 12-15-2022.pdf (148 KB)

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

Motion: Zhang
Second: Jones
Unanimous: 5 Yea

12. 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: 12.5, 12.6, 12.7, 12.8-12.14.

Motion: Zhang
Second: Hill
Unanimous: 5 Yea

CONTRACT: ProCare Therapy for Special Education Services

Type Action

Absolute Date Dec 15, 2022

Fiscal Impact Yes

Dollar Amount $64,020.00

Budgeted No

Budget Source Resource 6500 - Special Education and General Fund Contribution

Recommended The recommendation is that the Board of Education approves the contract with ProCare Action Therapy. PURPOSE:

To ratify the contract with ProCare Therapy for Special Education aides in the amount of $64,020.00

BACKGROUND:

The District contracts with staffing agencies when necessary to provide related services to students with Individual Education Programs (IEPs). ProCare Therapy will provide personnel to support related services to Students With Disabilities (SWDs) needed for unfilled positions for the 2022-2023 school year. The cost will be offset by the unfilled positions budget.

File Attachments ProCare Therapy Contract 22-23.pdf (350 KB)

Motion & Voting

CONTRACT: Addendum to the Contract with UpFront Interpreting for Special Education Services

Type Action

Absolute Date Dec 15, 2022

Fiscal Impact Yes

Dollar Amount $65,883.00

Budgeted No

Budget Source Resource 6500 - Special Education and General Fund Contribution

Recommended The recommendation is that the Board of Education approve the Addendum to the Contract Action with UpFront Interpreting. PURPOSE:

To ratify the addendum to the contract with UpFront Interpreting for an American Sign Language (ASL) Aide in the amount of $65,883.00.

BACKGROUND:

The original contract was approved by all parties on 9/8/2022 for the period of 9/12/2022 - 12-12/2022. This Addendum is to extend the terms of the contract through the end of the 2022-23 school year and add the additional cost for the extension of terms to the purchase order. In order to meet the communication needs of this student in particular, it was determined by the Individualized Educational Program team that this need extends for the remainder of the year.

File Attachments UpFront Interpreting Contract 22-23 Fully Executed.pdf (699 KB) UpFront Interpreting Addendum 1 22-23.docx.pdf (39 KB)

Motion & Voting

CONTRACT: Addendum to the Contract with Ed Sped Solutions, Inc.

Type Action

Absolute Date Dec 15, 2022

Fiscal Impact Yes

Dollar Amount $20,000.00

Budgeted No

Budget Source Resource 6500 - Special Education and General Fund Contribution

Recommended The recommendation is that the Board of Education approves the Addendum to the Contract Action with Ed Sped Solutions, Inc.

PURPOSE:

To ratify the addendum to the contract with Ed Sped Solutions in the amount of $20,000.00

BACKGROUND:

The addendum to this contract is to include home instruction within the EdSped Clinic. This is a temporary need in order to provide a student with disabilities access to their education per their Individual Education Plan (IEP) in order to meet the students unique needs which currently can't be served in the general education setting.

File Attachments Ed Sped Addendum2 12.5.2022.pdf (163 KB)

Motion & Voting

CONTRACT: MOU Extension with Beacon Consulting Group - Energy & Water Efficiency Work

Type Action

Fiscal Impact Yes

Dollar Amount $66,000.00

Budgeted Yes

Budget Source Fund 10 General Fund and Fund 40 Special Reserve for Capital Outlay

Recommended The recommendation is that the Board of Education approves an extension of the MOU with Action Beacon Consulting Group (BCG) for an additional five (5) years. PURPOSE:

The purpose is to approve an extension of the MOU (Memorandum of Understanding) with Beacon Consulting Group (BCG) for an additional five years (through June 30, 2027) to continue providing energy and water efficiency work, Prop 39 final reporting services, acquisition of grants, and, as requested, infrastructure work.

BACKGROUND:

The extension includes the following services:

 1. Continue working with Bay Area Air Quality Management District (BAAQMD) with existing grants for electric vehicles and
    future grants that become available; PG&E rebates and electric vehicle charging stations.
 2. Provide assistance on future cost savings grant opportunities.

Beacon Consulting Group has provided energy and water efficiency services to NUSD since 2013. They have been instrumental in securing $1.4 million in Prop 39 funds for energy and water efficiency work. They are currently working with BAAQMD and PG&E to provide the district with cost savings to purchase electric vehicles, and cost savings for the construction of a charging station infrastructure at the Maintenance, Operations and Transportation (MOT) yard.

The financial effect of BCG's work is to decrease operating cost by using grants and other public funding to improve the energy and water efficiency of the District's operations. BCG is paid by receiving a percentage of district cost savings and on an hourly rate for grant management such as time spent to apply for grants, working with grant organizations on the implementation of the programs being supported.

File Attachments Beacon Consulting Group (LEEP)_Extension 2_2022-2027.pdf (29 KB)

Motion & Voting The recommendation is that the Board of Education approves an extension of the MOU with Beacon Consulting Group (BCG) for an additional five (5) years.

Motion: Nguyen
Second: Zhang
Unanimous: 5 Yea

CONTRACT: Bid Award Electric Vehicle Charging Stations Project

Type Action

Fiscal Impact Yes

Dollar Amount $52,500.00

Budget Source Bay Area Air Quality Management District Grant and Fund 40 Special Reserve for Capital Outlay

Recommended The recommendation is that the Board of Education award the contract to Pappas Energy Inc. Action for the Electric Vehicle Charging Stations Project. PURPOSE:

To award a contract for the Electric Vehicle Charging Stations Project to Pappas Energy Inc. as part of the grant requirements from the Bay Area Air Quality Management District (BAAQMD).

BACKGROUND:

The scope of work for this project includes the installation of five (5) electric vehicle charging stations at the district MOT yard, which includes the concrete pad, and wiring from the electrical panel to the EV chargers. Two of the charging stations will be operational immediately to use for the district's electric buses. The other three will be activated as new electric vehicles are added. This project does not require DSA approval. The estimated cost was about $50K. The cost of the recommended bid award is $52,500.

On June 17, 2021, the Board of Trustees approved the PG&E Electric Vehicle Fleet Electrification Program Grant for Electric Vehicle Charging Station Infrastructure. This project began on June 19, 2019, when the Board approved Resolution 2139, confirming its interest in applying for funding to replace its five school buses with zero-emissions buses and related charging infrastructure.

The BAAQMD grant approved in December 2020 provides $75,770 towards this project and qualified NUSD for PG&E's Electric Vehicle Fleet Electrification program. PG&E has designed the infrastructure, at their cost, and has installed a new electric meter that has the capacity to handle the additional load, in preparation for installing the charging stations.

The Electric Vehicle Charging Stations Project went through a bidding process under the California Uniform Public Construction Cost Accounting Act (CUPCCAA).

E Design C provided the drawings and scope of work for the project. All potential bidders were provided with the drawings and given an opportunity to speak with the design engineer.

Three (3) bids were received for the Electric Vehicle Charging Stations Project.

Bidder Proposal Date Bid Walk Date Proposal Smith & Sons 8/3/22 7/21/22 $131,000 Pappas Energy 8/15/22 7/14/22 $52,500 Electrical Express 8/23/22 7/15/22 $197,600

File Attachments Pappas Energy_Bid Proposal-EV Charging Stations.pdf (663 KB)

Motion & Voting The recommendation is that the Board of Education award the contract to Pappas Energy Inc. for the Electric Vehicle Charging Stations Project.

Motion: Thomas
Second: Zhang
Unanimous: 5 Yea

RESOLUTION 2022.23.15 Combined Annual Accounting of Developer Fees for 2021-2022 and Five Year Report

Type Action

Recommended The recommendation is that the Board of Education approves Resolution 2022.23.15 Action Combined Annual Accounting of Developer Fees (Fund 25) for 2021-2022 and the Five Year Report. PURPOSE:

The purpose of this item is to seek Board approval of Resolution 2022.23.15 Combined Annual Accounting of Developer Fees (Fund 25 Capital Facilities Fund) for 2021-2022 and the Five Year Report.

BACKGROUND:

Districts that maintain a developer fee fund are required to prepare an annual accounting of that fund. The Board of Education enacted developer fees to provide for the reconstruction and/or modernization of existing facilities. Under Government Code Section 66006(b), each school district that imposes developer fees is required to annually review the income and the amount of expenditures from developer fees. The report must be publicly available 15 days prior to Board action to adopt a resolution affirming the reported information and making necessary findings.

Three fee schedules were used when collecting developer fees for FY 2021-22 (July 1, 2021, through June 30, 2022): residential development, commercial & industrial devolvement, and mini-storage development.

Board Approved Fees in Effect Residential Commercial Mini-Storage August 6, 2020 10/5/20 - 6/5/22 4.08 0.66 0.08 April 7, 2022 6/6/22 - present 4.79 0.78 0.07

The total amount in Fund 25, Capital Facilities Fund was $16,827,210.06 as of June 30, 2022.

Government Code � 66001 requires that school districts make an additional finding every five (5) years for any fund in which those fees remained unexpended at the end of the fiscal year. Many school districts issue a Five Year Report annually. This report covers fiscal years 2017-2022.

File Attachments Res 2022.23.15 Combined Annual Acct of Dev Fees 21-22 & 5 Yr Report.pdf (189 KB) Developer Fee Public Notice_Posted 11-30-22_eng and sp.pdf (74 KB)

Motion & Voting The recommendation is that the Board of Education approves Resolution 2022.23.15 Combined Annual Accounting of Developer Fees (Fund 25) for 2021-2022 and the Five Year Report.

Motion: Zhang
Second: Jones
Unanimous: 5 Yea

POLICY UPDATE: Board Policy 3541.2 and Administrative Regulation 3541.2 - Transportation For Students With Disabilities

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Board Policy Action 3541.2 and rescinds Administrative Regulation 3541.2 Transportation For Students With Disabilities PURPOSE:

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

Board Policy 3541.2 Transportation for Students with Disabilities: The NUSD board policy has not been revised since 2007. The language has been replaced to match the sample board policy provided by the California School Board Association.

Administrative Regulation 3541.2 Transportation for Students with Disabilities: The language in this policy is incorporated into the board policy and the administrative regulation has been rescinded by CSBA.

BP/AR 3541.2 - Transportation for Students with Disabilities (5/16) (BP revised; AR deleted) Policy updated to clarify the policy's applicability to students receiving services pursuant to Section 504 of the federal Rehabilitation Act of 1973, add sample criteria for individualized education program (IEP) teams to use when determining a student's transportation needs, and add material re: the provision of information to IEP teams. Regulation deleted and material moved to BP re: provision of alternative transportation when a student is excluded from school bus transportation for a disciplinary or other reason, assurance that a contract with a nonpublic, nonsectarian school or agency addresses transportation as necessary, and transportation of service animals.

File Attachments Existing NUSD BP 3541.2 Transportation For Students With Disabilities 12-15-2022.pdf (107 KB) Exsiting NUSD AR 3541.2 Transportation For Students With Disabilities 12-15-2022.pdf (114 KB) Recommended CSBA BP 3541.2 Transportation For Students With Disabilities 12-15-2022.pdf (202 KB)

POLICY UPDATE: Board Policy 4112 and Administrative Regulation 4112/4212 - Appointment and Conditions of Employment

Type Action, Procedural

Recommended The recommendation is that the Board of Education rescinds Board Policy 4212 - Appointment Action and Conditions of Employment and approves the updated Administrative Regulation 4112/4212 - Appointment and Conditions of Employment. PURPOSE:

The purpose is for the Board of Education to rescind Board Policy 4212 - Appointment and Conditions of Employment and approve the updated Administrative Regulation 4112/4212 - Appointment and Conditions of Employment.

BACKGROUND:

This is the first reading of the attached policy and regulations. 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 regulations will be brought back to the Board of Education for a second reading.

The 4000 section of the policy manual is further divided into employee classifications to allow for variations in language, if needed, according to Ed Code and/or the Collective Bargaining Agreement:

    4000s All employees
    4100s Certificated employees
    4200s Classified employees
    4300s Management, supervisory, and confidential employees

In this case, the language between Administrative Regulation 4112 and Administrative Regulation 4212 varies to reflect the legal conditions specific to the appointment of certificated employees and classified employees.

Board Policy 4212: The language formerly in this policy is now incorporated into the administrative regulation and the policy was rescinded per the California School Board Association.

Administrative Regulation 4112: The regulation has not been revised by the district since the Board adopted it on 11/30/2015. The language has been replaced to match the sample board regulations provided by the California School Board Association.

Administrative Regulation 4212: Regulation has not been revised by the district since the Board adopted it on 05/21/1996. The language has been replaced to match the sample board regulations provided by the California School Board Association.

File Attachments Existing NUSD BP 4212 Appointment And Conditions Of Employment 12-15-2022.pdf (88 KB) Existing NUSD AR 4112 Appointment & Conditions of Employment 12-15-2022.pdf (141 KB)

Existing NUSD AR 4212 Appointment & Conditions of Employment 12-15-2022.pdf (107 KB) Recommended CSBA AR 4112 Appointment & Conditions of Employment 12-15-2022.pdf (215 KB) Recommended CSBA AR 4212 Appointment & Conditions of Employment 12-15-2022.pdf (207 KB)

POLICY UPDATE: Board Policy and Administrative Regulation 4219.11/4319.11 - Sexual Harassment

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Board Policy and Action Administrative Regulation 4219.11/4319.11 - Sexual Harassment. PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the updated Board Policy and Administrative Regulation 4219.11/4319.11 - Sexual Harassment.

BACKGROUND:

This is the first reading of the attached policy and regulation. 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 and/or regulation will be brought back to the Board of Education for a second reading.

The 4000 section of the policy manual is further divided into employee classifications to allow for variations in language, if needed, according to Ed Code and/or the Collective Bargaining Agreement:

    4000s All employees
    4100s Certificated employees
    4200s Classified employees
    4300s Management, supervisory, and confidential employees

The district revised Board Policy and Administrative Regulation 4119.11 - Sexual Harassment on February 4, 2021. Board Policy and Administrative Regulation 4219.11 and 4319.11 should have been updated and taken to the Board at the same time, as the language in all three policies and regulations is exactly the same.

Policy updated to clarify that, in some instances, it may be necessary to concurrently review a sexual harassment complaint under both the Title IX sexual harassment complaint procedures and the district's procedure reflecting state law, as described in AR 4030 - Nondiscrimination in Employment, in order to meet the applicable timelines. Policy also adds the requirement to provide supportive measures to the respondent as well as the complainant.

Regulation updated to add section on "Definitions," including the federal definition of sexual harassment for purposes of applying the Title IX complaint procedures. Section identifying the Title IX Coordinator(s) moved and revised to reference CSBA's AR 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures. Section on "Notifications" adds federal requirement to disseminate the district's sexual harassment policy and procedures, along with the name and contact information of the Title IX Coordinator, by posting them in a prominent location on the district's web site and including them in any handbook provided to employees or employee organizations. New section on "Complaint Procedures" references the applicable procedures and the responsibility of the district to take prompt action to stop the sexual harassment, prevent recurrence, and address any continuing effects.

File Attachments Existing NUSD BP 4219.11 Sexual Harassment 12-15-2022.pdf (131 KB) Existing NUSD BP 4319.11 Sexual Harassment 12-15-2022.pdf (133 KB)

Existing NUSD AR 4219.11 Sexual Harassment 12-15-2022.pdf (143 KB) Existing NUSD AR 4319.11 Sexual Harassment 12-15-2022.pdf (199 KB) Recommended CSBA BP 4219.11 Sexual Harassment 12-15-2022.pdf (304 KB) Recommended CSBA BP 4319.11 Sexual Harassment 12-15-2022.pdf (348 KB) Recommended CSBA AR 4219.11 Sexual Harassment 12-15-2022.pdf (481 KB) Recommended CSBA AR 4319.11 Sexual Harassment 12-15-2022.pdf (502 KB)

POLICY UPDATE: Board Policy and Administrative Regulation 5123 - Promotion/Acceleration/Retention

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Board Policy and Action Administrative Regulation 5123 - Promotion/Acceleration/Retention 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 5123 - Promotion/Acceleration/Retention The NUSD board policy has not been revised since 2007. The language has been replaced to match the sample board policy provided by the California School Board Association. Highlighted language reflects District practice.

Administrative Regulation 5123 - Promotion/Acceleration/Retention The NUSD administrative regulation has not been revised since 2005. The language has been replaced to match the sample board policy provided by the California School Board Association.

(BP revised 7/19) Policy updated to make minor revisions reflecting current law pertaining to the requirement to provide remedial instruction to students who are recommended for retention or are identified as being at risk for retention.

(BP/AR revised 12/13) MANDATED policy updated to reflect the mandate that the policy provides for students to be identified for retention as early in the school year, and as early in their school careers, as possible. The policy reflects NEW LAW (AB 484) which establishes a new state assessment system, impacting the indicators that may be used to identify a student for retention. The policy also reflects NEW LAW (AB 97) which redirects into the LCFF funding for supplemental instruction for students in grades 2-9 who have been retained or recommended for retention (without eliminating the district's responsibility to provide supplemental instruction for such students) and for students in grades 2-6 who have been identified as being at risk of retention. The policy contains material formerly in AR re: grade levels at which students will be identified for retention, subjects that will be used as the basis for identifying students for retention, responsibility for retention decisions when the student has more than one teacher, and requirement for an appeals process. MANDATED regulation updated to reflect the California Department of Education (CDE) recommendation re: the timing of approving a student's continuation in kindergarten for an additional year and to clarify the process for parent/guardian appeal of a teacher's decision to promote or retain a student.

(Revise BP 7/05)

Updated MANDATED policy deletes material related to progress toward the high school exit examination which is covered in BP/AR 6162.52 - High School Exit Examination and makes other editorial changes. Note and legal references revised to reflect NEW LAW (AB 825 - categorical reform) establishing the Pupil Retention Block Grant which incorporates the purpose of optional supplemental instruction for students "at risk" of retention.

File Attachments Exising NUSD BP 5123 PromotionAccelerationRetention.pdf (100 KB) Existing NUSD AR 5123 PromotionAccelerationRetention.pdf (99 KB) Recommended CSBA AR 5123_ Promotion_Acceleration_Retention!.pdf (100 KB) Recommended CSBA BP 5123_ Promotion_Acceleration_Retention.pdf (127 KB)

POLICY UPDATE: Board Policy and Administrative Regulation 6159.3 - Appointment of Surrogate Parent for Special Education

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Board Policy and Action Administrative Regulation 6159.3 Appointment of Surrogate Parent for Special Education 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.

This will be the first adoption of this board policy and administrative regulation. The language reflects the sample board policy provided by the California School Board Association.

BP/AR 6159.3: Appointment of Surrogate Parent for Special Education

(BP/AR 6159.3 - Revised 3/05) MANDATED policy and MANDATED regulation updated to reflect NEW FEDERAL LAW (IDEA Reauthorization), effective July 1, 2005. Material formerly in policy re: qualifications of a surrogate parent moved to regulation. Regulation reorganized and reflects NEW LAW which (1) requires the appointment of a surrogate for unaccompanied homeless youth and (2) requires districts to make a reasonable effort to appoint a surrogate within 30 days of the determination that a surrogate is needed. The regulation also contains a new section re: Termination of Appointment.

File Attachments Recommended CSBA BP 6159.3 Appointment Of Surrogate Parent For Special Education Students 12-05-2022.pdf (119 KB) Recommended CSBA AR 6159.3 Appointment Of Surrogate Parent For Special Education Students 12-05-2022.pdf (188 KB)

POLICY UPDATE: Board Policy 6164.6 and Administrative Regulation 6164.6 - Identification And Education Under Section 504

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Board Policy and Action Administrative Regulation 6164.6 Identification And Education Under Section 504 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.

The policy and regulation have not been updated by the district since the last revised date in 2014. Since then, CSBA has made the revisions listed below.

Board Policy and Administrative Regulation 6164.6 Identification And Education Under Section 504 (BP/AR revised 12/16) Policy updated to add requirements to address the needs of students with disabilities in the district's local control and accountability plan. Regulation updated to reflect NEW FEDERAL REGULATIONS (81 Fed. Reg. 53203) which primarily revise definitions used in the Americans with Disabilities Act.

File Attachments Existing NUSD BP 6164.6 Identification And Education Under Section 504 12-15-2022.pdf (110 KB) Existing NUSD AR 6164.6 Identification And Education Under Section 504 12-15-2022.pdf (128 KB) Recommended CSBA BP 6164.6 Identification And Education Under Section 504 12-15-2022.pdf (165 KB) Recommended CSBA AR 6164.6 Identification And Education Under Section 504 12-15-2022.pdf (291 KB)

POLICY UPDATE: Board Policy 6183 - Home and Hospital Instruction

Type Action, Procedural

Recommended The recommendation is that the Board of Education approves the updated Administrative Action Regulation 6183 Home and Hospital Instruction and rescind Board Policy 6183 Home and Hospital Instruction PURPOSE:

The purpose is for the Board of Education to review the recommended changes and approve the updated Administrative Regulation 6183 Home and Hospital Instruction and rescind Board Policy 6183 Home and Hospital Instruction.

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 6183 Home and Hospital Instruction: The language in this policy is incorporated into the administrative regulation and the policy was rescinded by CSBA.

(AR revised) Regulation reorganized and updated to reflect NEW LAW (AB 2109) which expands the parental notification to include information regarding student eligibility for individual instruction and the duration of such instruction, requires that individual instruction in a student's home begin within five days of determining a student's eligibility, provides that students receiving individual instruction in a hospital for a partial week are eligible to attend school on days that they are not at the hospital, and provides that the absences of a temporarily disabled student must be excused until the student is able to return to the regular school program.

File Attachments Existing NUSD BP 6183 Home And Hospital Instruction 12-05-2022.pdf (119 KB) Recommended CSBA AR 6183 Home And Hospital Instruction 12-05-2022.pdf (158 KB)

REPORT: Donations Report

Type Action

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

The purpose is to acknowledge the receipt of donations to the District.

BACKGROUND:

Throughout the year community members, groups, parents and other individuals make monetary and in-kind (supplies and equipment) donations to NUSD. The exact nature of the source of the donation is submitted to the Business Office on a standard form. It is critical that any restrictions on the funding be indicated and the budget developed based on the donor restrictions. If there is no indication of the school or use of the funding, any proceeds or cash donations received are placed in the NUSD local revenue in the unrestricted general fund. It is recommended that the donations be processed through the Business Office and ultimately approved by the Board so that the funding can be publicly acknowledged and budgeted properly according to donor restrictions. There is acknowledged and budgeted properly according to donor restrictions. There is acknowledgment at the public Board meeting and a letter of thanks is sent to the donor by the Business Office for NUSD.

File Attachments Summary of Donations_12-15-2022.pdf (18 KB)

Motion & Voting The recommendation is that the Board of Education accepts the Donations Report as presented.

Motion: Zhang
Second: Hill
Unanimous: 5 Yea

Motion by Bowen Zhang, second by Aiden Hill.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Bowen Zhang, Diego Torres, Katherine Jones, Nancy Thomas

REPORT: Warrant Report for November 2022

Type Action

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

The purpose of this item is to present warrants, for the total amount of $2,504,064.68, made from District funds for November 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 November 2022.pdf (397 KB)

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

Motion: Zhang
Second: Hill
Unanimous: 5 Yea

Motion by Bowen Zhang, second by Aiden Hill.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Bowen Zhang, Diego Torres, Katherine Jones, Nancy Thomas

MINUTES: Minutes of the December 5, 2022, Regular Meeting of the Board of Education

Type Action, Minutes

Recommended The recommendation is that the Board of Education approves the minutes of the December 5, Action 2022, Regular Meeting of the Board of Education.

Minutes View Minutes for Dec 5, 2022 - Regular Meeting of the Board of Education

PURPOSE:

For the board to review and approve the minutes of the December 5, 2022, Regular Meeting of the Board of Education

BACKGROUND:

The attached minutes are reflective of the December 5, 2022, Regular Meeting of the Board of Education. The meeting may be viewed on the NUSD YouTube Channel HERE

Motion & Voting The recommendation is that the Board of Education approves the minutes of the December 5, 2022, Regular Meeting of the Board of Education.

Motion: Zhang
Second: Hill
Unanimous: 5 Yea

Motion by Bowen Zhang, second by Aiden Hill.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Bowen Zhang, Diego Torres, Katherine Jones, Nancy Thomas

13. 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

14. STAFF REPORT

EL Master Plan Revision Announcement

Type Information PURPOSE:

The purpose is to inform the Board of Trustees and the public about our intent to revise our District's English Learner Master Plan, which was last updated in 2019.

BACKGROUND:

The primary purpose of the English Learner Master Plan is: To provide the district and the schools with a clear statement of policies related to the development, implementation, and evaluation of English learner programs and services. To provide specific procedural guidelines for the identification, assessment, and placement of students; reclassification of students; notification and involvement of parents; the formation and functioning of the District English Learner Advisory Committee and site English Learner Advisory Committees; the annual evaluation of English learner programs; and the use of state and federal funds for EL programs and services. To align policies and procedures with current state and federal mandates. To provide resources for deeper learning about best instructional practices to support the growth and progress of English Learners.

The Newark Unified School District EL Master Plan will be updated in collaboration with teachers, staff, parents, district leaders, county EL coordinators, non-profit experts, and students.

File Attachments 22-23 English Learner Master Plan Revision - Community Engagement Slides .pdf (887 KB)

15. STUDENT EXPULSION

Expulsion Stipulation for Case #e2223-02

Type Action

Recommended The recommendation is that the Board of Education approves the expulsion stipulation for Action case number e2223-02. PURPOSE:

For the Board to take action on the stipulation expulsion agreement.

BACKGROUND:

The process was followed in accordance with Board Policy and Administrative Regulation 5144.1 and, if applicable, 5144.2 for students with disabilities. The administration asks for approval of the recommendation for Case# e2223-02. (Ed Code. � 48918).

Motion & Voting The recommendation is that the Board of Education approves the expulsion stipulation for case number e2223-02.

Motion: Zhang
Second: Jones
Yea: 4
Nay: 0
Abstain: 1 - Thomas

Termination Student Expulsion Case# e2122-02

Type Action

Recommended The recommendation is that the Board of Education terminate the student expulsion as it Action relates to the expulsion case e2122-02. PURPOSE:

For the Board to take action on expulsion case e2122-02.

BACKGROUND:

California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil."

Motion & Voting The recommendation is that the Board of Education terminate the student expulsion as it relates to the expulsion case e2122-02.

Motion: Zhang
Second: Hill
Yea: 4
Nay: 0
Abstain: 1 - Thomas

Continue Suspended Enforcement of Student Expulsion Case# e2122-14

Type Action

Recommended The recommendation is that the Board of Education continue the suspended enforcement of Action expulsion as it relates to the expulsion case e2122-14. PURPOSE:

For the Board to take action on expulsion case e2122-14.

BACKGROUND:

California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil."

Motion & Voting The recommendation is that the Board of Education continue the suspended enforcement of expulsion as it relates to the expulsion case e2122-14.

Motion: Zhang
Second: Hill
Yea: 4
Nay: 0


Abstain: 1 - Thomas

Continue Suspended Enforcement of Student Expulsion Case# e2122-18

Type Action

Recommended The recommendation is that the Board of Education continue the suspended enforcement of Action expulsion as it relates to the expulsion case e2122-18. PURPOSE:

For the Board to take action on expulsion case e2122-18.

BACKGROUND:

California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil."

Motion & Voting The recommendation is that the Board of Education continue the suspended enforcement of expulsion as it relates to the expulsion case e2122-18.

Motion: Zhang
Second: Hill
Yea: 4
Nay: 0
Abstain: 1 - Thomas

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

Termination Suspended Enforcement of Student Expulsion Case# e2122-19

Type Action

Recommended The recommendation is that the Board of Education terminate the suspended enforcement of Action student expulsion as it relates to the expulsion case e2122-19. PURPOSE:

For the Board to take action on expulsion case e2122-19.

BACKGROUND:

California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil."

Motion & Voting The recommendation is that the Board of Education terminate the suspended enforcement of student expulsion as it relates to the expulsion case e2122-19.

Motion: Zhang
Second: Nguyen
Yea: 4
Nay: 0
Abstain: 1 - Thomas

Termination Suspended Enforcement of Student Expulsion Case# e2122-20.

Type Action

Recommended The recommendation is that the Board of Education terminate the suspended enforcement of Action student expulsion as it relates to the expulsion case e2122-20. PURPOSE:

For the Board to take action on expulsion case e2122-20.

BACKGROUND:

California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board orders a readmission of the pupil."

Motion & Voting The recommendation is that the Board of Education terminate the suspended enforcement of student expulsion as it relates to the expulsion case e2122-20.

Motion: Zhang
Second: Hill
Yea: 4
Nay: 0
Abstain: 1 - Thomas

16. NEW BUSINESS

MOU: Association of California School Administrators (ACSA) Membership for the Executive Director of Human Resources

Type Action

Dollar Amount $1,703.00

Budget Source Fund 10 General Fund

Recommended The recommendation is that the Board of Education approves the MOU with NEWMA regarding Action the Association of California School Administrators (ACSA) Membership fee for the Executive Director of Human Resources. PURPOSE:

For the Board to approve the MOU with NEWMA regarding the Association of California School Administrators (ACSA) Membership fee for the Executive Director of Human Resources.

BACKGROUND:

The ACSA membership fee is paid by the district for contracted management employees.

As a member of the Executive Cabinet, it is recommended that the district pay the ACSA membership fee for the Executive Director of Human Resources beginning with the 2022-23 school year.

File Attachments MOU with NEWMA ACSA Membership for Exec Director HR.pdf (10 KB)

Motion & Voting The recommendation is that the Board of Education approves the MOU with NEWMA regarding the Association of California School Administrators (ACSA) Membership fee for the Executive Director of Human Resources.

Motion: Zhang
Second: Jones
Unanimous: 5 Yea

2022-23 First Interim Budget Report

Type Action

Recommended The recommendation is that the Board of Education approves the 2022-23 First Interim Action Report with Positive Certification. PURPOSE:

The purpose of the Interim Report is to advise the Board of Education, administrators, the public and other interested agencies of the District's financial condition at periodic intervals during the fiscal year.

BACKGROUND:

At each interim reporting period, the District must make a certification as to its fiscal health for the current and upcoming two years.

A POSITIVE certification indicates that the District WILL be able to meet its financial obligations for the current and upcoming two years. A QUALIFIED certification indicates the District MAY NOT be able to meet its financial obligations for the current and upcoming two years. A NEGATIVE certification indicates the District WILL NOT be able to meet its financial obligations in the current or upcoming two years.

The First Interim Budget Report is a "snapshot" in time of the District's revenue and expenditure forecasts for the current fiscal year as well as a projection of the two subsequent fiscal years. It is a good time to adjust the budget based upon any known changes. The First Interim Budget Report covers the period of time from July 1 through October 31 each fiscal year.

AB 1200 requires all California school districts to submit two interim reports to their County Office of Education. This year, the First Interim Report is due to the Alameda County Office of Education (ACOE) by December 15, 2022.

File Attachments 22-23 1st Interim Full Book.pdf (2,993 KB)

Motion & Voting The recommendation is that the Board of Education approves the 2022-23 First Interim Report with Positive Certification.

Motion: Nguyen
Second: Zhang
Unanimous: 5 Yea

RESOLUTION 2022.23.18 Designating Certain General Funds as Committed Fund Balance for 2022-23

Type Action, Procedural

Recommended The recommendation is that the Board of Education adopts Resolution 2022.23.18 Action Designating Certain General Funds as Committed Fund Balance for 2022-23. PURPOSE:

To approve the Committed designations to the Fund Balance as presented in Resolution 2022.23.18 Designating Certain General Funds as Committed Fund Balance for 2022-23.

BACKGROUND:

As a result of the balance in the Public School System Stabilization Account, the statutory limitation on school district reserves has been triggered for the 2022-23 budget period, pursuant to Education Code (EC) section 42127.01(e).

Beginning with the 2022-23 fiscal year, the district reserve cap requires that a school district's adopted or revised budget shall not contain a combined assigned or unassigned ending general fund balance of more than 10 percent of those funds. Assigned and unassigned balances within Fund 17 Special Reserve Fund for Emergency Purposes are included within the 10% reserve cap. Components of the fund balance designated as committed funds are not included in the 10% reserve cap.

On September 15, 2022, the Board adopted Resolution 2022.23.07 designating $11,935,656 in general funds as Committed to Fund Balance. Included in the Committed Fund Balance designations was the LCAP carryover in the amount of $857,780. This carryover has been transferred from the Fund Balance to the LCAP operating budget expenditures. Consequently, the Committed Fund Balance designations have been updated. The revised total Committed Fund Balance is $11,077,876. The Committed Fund Balance designations are necessary to meet the 10% reserve cap requirement.

File Attachments Resolution 2022.23.18 Designating Certain General Funds as Committed Fund Balance for 22-23.pdf (12 KB)

Motion & Voting The recommendation is that the Board of Education adopts Resolution 2022.23.18 Designating Certain General Funds as Committed Fund Balance for 2022-23.

Motion: Zhang
Second: Thomas
Unanimous: 5 Yea

17. CONSENT AGENDA: PULLED AGENDA ITEMS

PLACEHOLDER - Pulled Consent Agenda Items

Type Action

PURPOSE:

This is specifically a placeholder, and will only be used if agenda items from the consent categories are pulled for additional discussion.

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. Those items pulled will be discussed and voted on here.

18. 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 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.

19. 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.

20. 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

Adjournment

Type Action

Recommended The recommendation is that the Board of Education adjourns this meeting. Action PURPOSE:

No items will be considered after 10:00 p.m. unless it is determined by a majority of the Board to extend to a specific time.

This action will conclude the meeting.

Motion & Voting

No minutes available.