Regular Meeting
Thursday, March 2, 2023
Meeting Resources
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 Nancy Thomas Vice President/Clerk Aiden Hill Member Bowen Zhang Member Katherine Jones Member Vacancy
STUDENT BOARD MEMBER:
Member Diego Torres (Remote)
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.
Recess to Closed Session
Type
2. CLOSED SESSION
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.
3. RECONVENE TO OPEN SESSION
Pledge of Allegiance
Type Procedural PURPOSE:
The Governance Team will recite the Pledge of Allegiance
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. 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: move item 13 to after item 7; correct item 12.4 to read 2023-2024 school; move item 12.5 to after item10.
Motion by Aiden Hill, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
6. STUDENT REPORT
Student Reports from Newark Junior High School, Alternative Education, and Newark Memorial High School
Type Information PURPOSE:
At regular Board of Education meetings, a spokesperson of each secondary school may make a brief presentation.
Discussion items may include updates, celebrations, and upcoming events.
Newark Junior High School
Alternative Education
Newark Memorial High School
7. RECOGNITIONS AND CELEBRATIONS
Staff Spotlight
Type Information
PURPOSE:
To recognize the wonderful accomplishments of our NUSD Team.
BACKGROUND:
The presentation will be provided by the Interim Superintendent.
8. SUPERINTENDENT REPORT
Interim Superintendent Report
Type Information
PURPOSE:
The Interim Superintendent and staff 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 Interim Superintendent and Assistant Superintendent, Nicole Pierce-Davis.
9. STAFF REPORT
Facilities Projects Update
Type Discussion, Information PURPOSE:
RGM Kramer, the district's Facilities Program Manager, and the Chief Business Official will provide an update on the facilities projects taking place across the district.
BACKGROUND:
RGM Kramer will present an update on current facilities projects in planning and construction.
File Attachments NUSD Facilities Update 03 02 2023 Revision 2.pdf (1,754 KB)
Letter from the Alameda County Office of Education Regarding the 2022-23 First Interim Budget Report
Type Information PURPOSE:
The Chief Business Official will review the letter from the Alameda County Office of Education (ACOE) regarding the Newark Unified School District (NUSD) 2022-23 First Interim Budget Report.
BACKGROUND:
The Governing Board approved a POSITIVE Certification of NUSD's First Interim Budget Report on December 15, 2022. The district subsequently submitted the report to ACOE, as required, for their review and analysis.
In accordance with Education Code (EC) Section 42131, ACOE reviewed the First Interim Budget Report based on standards and criteria for fiscal stability adopted by the State Board of Education pursuant to EC Section 33127.
Based on ACOE's review and analysis, the 2022-23 First Interim Budget Report approved by NUSD's Board of Education on December 15, 2022, accurately reflects the financial status of the District. ACOE, therefore, concurs with NUSD's POSITIVE certification with comments.
File Attachments Newark 2022-23 First Interim Board Letter_final_.pdf (317 KB)
10. PUBLIC COMMENT
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
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. OLD BUSINESS
PURCHASE: Chromebook Purchase- Trafera
Type Action
Preferred Date Mar 02, 2023
Fiscal Impact Yes
Budgeted Yes
Budget Source Learning Recovery Emergency Block Grant, LCAP and Title I
Recommended The recommendation is that the Board of Education approve the purchase of 1,845 Action Chromebooks and 17 carts through Trafera as presented. PURPOSE:
To obtain Board approval for the purchase of Chromebooks and Chromebook carts to support student computing technology.
BACKGROUND:
This item was brought before the board on February 6, 2023. Staff is following up on the request for more information regarding this purchase. The new Chromebooks will replace old Chromebooks that have reached their end of expected life period and increase quantities to provide more Chromebooks for students.
The Chromebooks on the attached quote include 1,845 Chromebooks, 17 Chromebook carts, a four-year limited warranty, and Google Chrome Perpetual EDU License. However, the Board may also choose to approve the quote for 1,114 Chromebooks, which will achieve 1:1 student to Chromebook ratios across our district or approve the quote for 2,579 Chromebooks, which will support the district in nearing classroom sets of Chromebooks at the secondary level. The presentation will provide additional information about each of these options.
School boards have the authority to "piggyback" on another public agency's bid, per Public Contract Code �20118, when it is in the best interest of a district. It is often advantageous to utilize piggyback bids when contract items are identical to the district's specifications. Using piggyback contracts saves time and often provides lower prices than a single jurisdiction would be able to obtain. Per Board Policy 3311, the District may piggyback onto the contract of another public agency or corporation to lease or purchase equipment or supplies to the extent authorized by law. The piggyback contracts utilized for this purchase are attached. Please note Trinity 3 Technology and FireFly Computers merged, launching a new identity as Trafera. The NCPA agreement with FireFly is now available to Trafera.
File Attachments NCPA Technology Solutions Contract #01-43.pdf (5,594 KB) NCPA Technology Solutions Contract #01-43_Renewal.pdf (823 KB) Trafera 1144 Quote.pdf (92 KB) Trafera 2579 Quote.pdf (107 KB) Trafera 1845 Quote.pdf (109 KB) Chromebook Purchase BOE 03.2.23 (1).pdf (1,495 KB)
Motion & Voting The recommendation is that the Board of Education approve the purchase of 1,845 Chromebooks and 17 carts through Trafera as presented.
Motion by Aiden Hill, second by Katherine Jones. Final Resolution: Motion Carries Yea: Phuong Nguyen, Aiden Hill, Diego Torres, Katherine Jones, Nancy Thomas
Appointment Process and Timeline for Filling Board Vacancy
Type Action, Discussion
Absolute Date Mar 02, 2023
Recommended The recommendation is for the Board of Education to provide guidance on the draft Action application, procedure, subcommittee membership, and timeline for the NUSD Board Appointment. PURPOSE:
The purpose is begin the board vacancy appointment process.
BACKGROUND:
On February 17, 2023, Board Member Bowen Zhang resigned from the NUSD Board (effective February 28) via email to the County Superintendent. Based upon board policy, state education code, and the Board's discussion at last week's special meeting, we are planning to move forward with an appointment to fill the vacancy created by Trustee Zhang. The Board has 60 days to do this from the date on which he sent his resignation to the County Superintendent, February 17, 2023. That deadline for an appointment is April 18.
Staff requests Board guidance on the proposed timeline, procedural question, and subcommittee membership outlined below. Additionally, staff requests Board feedback on the Draft application attached for Board Appointment Candidates. Staff will return to the Board on March 16 with a proposed format and procedure for the special board meeting (proposed for April 3 or 4) at which the Board interviews candidates and selects an appointee.
Proposed Timeline
March 3 (Fri): Announce vacancy to the community (email blast plus outreach to community organizations and partners),
publicly share application and FAQs. Application window would be open for 19 days.
March 22 (Wed): Applications due.
March 23 (Thurs): Board subcommittee approves candidates as eligible per information given.
March 24 (Fri): Applicant names and their answers to application questions published on NUSD website for 10 days.
April 3 or 4 (Mon or Tues): Public comment and candidate interviews via special board meeting
April 6 (Thurs): New board member begins service, is sworn in, and participates in first board meeting.
Procedural Question
If there are more than a certain number of applicants, for example more than 5 applicants, would the Board want a committee to narrow the field to 5 candidates for the Board to then interview? Committee could include the following people, or their designee: PTA president DELAC lead parent CSEA president NTA president NEWMA president
Subcommittee Membership
NUSD Bylaw states, "A committee consisting of less than a quorum of the Board shall ensure that applicants are eligible for Board membership and announce the names of the eligible candidates." This should be a straightforward process requiring no evaluation of candidates' applications beyond the question of eligibility. We would expect to conduct a short zoom meeting with two board members on March 23, 2023, to perform this function. Staff needs to know which two board members are available for this subcommittee.
File Attachments 2022 Filling a Board Vacancy.pdf (498 KB) Bylaw 9223 Filling Vacancies.pdf (135 KB) Draft Application for Board Appointment.pdf (12 KB)
Motion & Voting
CONTRACT: Leadership Associates Contract Superintendent Search
Type Action, Discussion
Fiscal Impact Yes
Dollar Amount $25,000.00
Budget Source General Fund
Recommended The recommendation is that the Board of Education approve the contract with Leadership Action Associates for the Superintendent Search. PURPOSE:
To award the contract to Leadership Associates for the Superintendent Search.
BACKGROUND:
On February 22, 2023, at the Special Meeting of the Board of Education, three proposals were provided for consideration. Two firms gave presentations. The Board selected Leadership Associates to assist in the selection of a Superintendent.
We plan to begin our work with Leadership Associates at a Special Board meeting on Monday, March 6, 2023, beginning at 6:30 p.m.
File Attachments Leadership Associates Contract - Newark USD.pdf (256 KB)
Motion & Voting The recommendation is that the Board of Education approve the contract with Leadership Associates for the Superintendent Search.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Diego Torres, Katherine Jones, Nancy Thomas
12. NEW BUSINESS
BOARD BYLAW 9300.11: Methods of Operation
Type Action, Discussion
Recommended The recommendation is that the Board take action to update this bylaw to reflect the interest Action of the Board. Purpose:
The purpose is to ensure that the Board President is conducting board meetings consistent with the interests of the entire Board of Education and Board Bylaw 9300.11.
Background:
There has been discussion about modifying procedures for 1) public comment on agenda items, 2) board reports, and 3) consent items. We are bringing this bylaw to the Board's attention for possible modification.
- Public Comment
In past NUSD board meetings, public comment on non-agenda items takes place before the Board takes up new or old business for action. However, in previous years, public comment on agenda items has been expected to take place immediately before the Board's discussion of or action on an item. In more recent history, the Board has allowed public comment on agenda items to take place earlier in the meeting, adjacent to the public comment on non-agenda items. This practice is considered to be more accessible for community members, allowing them to share their thoughts without having to stay later into the board meeting, waiting an indefinite amount of time until the item of interest is addressed by the Board.
Recommendation: That the Board explicitly allow for public comment for agenda items both earlier in the meeting adjacent to public comment on non-agenda items and before individual agenda items.
Specifically: Change Item 11 from "Public Comment on Non-Agenda Items" to:
- Public Comment 11.1 Public Comment on Non-Agenda Items 11.2 Public Comment on Agenda Items (allowed here or when the item is taken up by the Board)
Additionally, the Board may wish to let the public know that individual board members may have an easier time remembering and considering public comment on agenda items when those comments are made at the time that the items is taken up by the Board. However, public comment on agenda items is much better at the beginning of the meeting than not at all. This could be addressed with a short preface by the Board President ahead of item 11.2, Public Comment on Agenda Items.
- Board Reports
Per Bylaw 9300.11, Board Reports are listed as a single item: Board of Education - Committee Reports, Announcements, Requests, Debrief and Discussion. At present, we have this item broken out into three (3) sections: (1) Board Recognitions and Announcements; (2) Board Reports; and (3) Board Requests. It may not always make sense to separate these out to three distinct agenda items.
Recommendation: Given that this item is listed as a single item in Bylaw 9300.11, no change is needed or recommended. However, staff recommends that board members discuss this item and acknowledge that the Board President may organize these reports, recognitions, and requests as it makes sense to him or her.
- Consent Items that are pulled from consent.
Similar to Board Reports, Bylaw 9300.11 does not address the Board's practice of when and how to take up items that are pulled from the Consent Agendas.
Recommendation No change is needed or recommended. Staff recommends that items pulled from section 15, Consent Agenda - Personnel Items, and section 16, Consent Agenda - Non-Personnel Items, be addressed immediately after the respective consent action unless the Board chooses to move it to another place in the agenda by majority vote. This could take place either when sections 15 and 16 are taken up by the Board, or this could take place in section 5, Approval of the Agenda. When the Board takes action to approve the agenda in section 5, it also has the opportunity to make adjustments to the agenda, including pulling items from consent. Of course, any changes or adjustments to the agenda made by the Board must be in compliance with the Brown Act (for example, not adding any new items that have not been appropriately posted or noticed).
File Attachments Bylaw 9300.11 Methods Of Operation.pdf (49 KB)
POSITION/JOB DESCRIPTION: Director of Operations, Human Resources
Type Action, Discussion
Absolute Date Mar 02, 2023
Fiscal Impact Yes
Dollar Amount $196,000.00
Budgeted Yes
Budget Source General Fund
Recommended The recommendation is that the Board approve the position and job description for Director of Action Operations, Human Resources. PURPOSE:
The purpose is for the Board of Education to approve the position and job description for Director of Operations, Human Resources.
BACKGROUND:
In July 2022, School Services of California completed, and the Board accepted, an Organizational Review of the Business Services and Human Resources Departments. The major recommendation in the report was to consider restructuring the positions within the Human Resources Department in order to improve the overall efficiencies within the department. The District is taking a multi-phased approach to this recommendation and the subsequent restructure of the positions. This first phase includes changes in the classified managment positions; that is, a resolution to eliminate the positions of Manager of Classified, HR and Manager of Certificated, HR. Subsequently, this agenda item is to recommend a new position and job description for a new classified management position that would oversee operations for both classified and certificated needs.
If approved, the position of Director of Operations, Human Resources, would begin on July 1, 2023. The District has met/conferred with NEWMA regarding this position and job description.
The complete Organizational Review of the Business Services and Human Resources is attached for reference.
File Attachments Director of Operations, HR Job Description.pdf (387 KB) Newark USD - Organizational Review (Business and HR) 10-4-22 (4).pdf (2,219 KB)
Motion & Voting The recommendation is that the Board approve the position and job description for Director of Operations, Human Resources.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
RESOLUTION NO. 2022.23.22 and NO. 2022.23.23: Classified Layoffs
Type Action
Absolute Date Mar 02, 2023
Recommended The recommendation is that the Board approve Resolution No. 2022.23.22 and Resolution No. Action 2022.23.23 to lay off or reduce hours of certain classified positions due to the expiration of a specially funded program or due to lack of funds/lack of work. PURPOSE:
Resolution Nos. 2022.23.22 and 2022.23.23 will be presented to the Board of Education for approval to lay off certain classified positions due to the expiration of a specially funded program or due to lack of funds/lack of work. These resolutions give authorization for the District to formally notify certain classified employees that their positions are being reduced or eliminated. This process is required under California Education Code 45117, which requires permanent employees to be notified by March 15, 2023.
BACKGROUND:
Per Assembly Bill 438, the timeline to notice classified staff is March 15. The positions included are either being eliminated due to the expiration of a specially funded program or due to lack of funds/lack of work. The District has reviewed this list of positions with CSEA and NEWMA.
Resolution 2022.23.22 reduces or eliminates positions that are specially funded, including those positions designated by School Site Councils/SPSAs, Childcare, donation funds, etc.
Resolution 2022.23.23 eliminates positions due to lack of work. The elimination of the two classified management positions on the resolution is a direct recommendation of the July 2022 Human Resources Organizational Study that was completed by School Services of California. The Department's plan to restructure includes a new position and job description that will oversee both classified and certificated operational oversight for Human Resources.
Permanent employees laid off for lack of work or lack of funds are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. Such persons have the right to participate in promotional examinations during the 39-month period. In addition, such persons will have preferential hiring rights over new applicants to a new or different classified position, if the person on the rehire list is qualified for the position, even if they have never served in that class or classification. Permanent CSEA employees affected by layoff may have displacement rights to other lower classifications in which the laid-off employee has previously served. Permanent employees who accept voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be granted the same rights as persons laid off and shall retain eligibility to be considered for employment for an additional period up to 24 months.
File Attachments California Education Code 45117.pdf (277 KB) Classified Layoff Resolution- Specially Funded 03.02.2023.docx.pdf (105 KB) Classified Layoff Resolution-Lack of Work 03.02.2023.docx.pdf (104 KB)
Motion & Voting The recommendation is that the Board approve Resolution No. 2022.23.22 and Resolution No. 2022.23.23 to lay off or reduce hours of certain classified positions due to the expiration of a specially funded program or due to lack of funds/lack of work.
Motion by Phuong Nguyen, second by Nancy Thomas.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
RESOLUTION NO. 2022.23.24: Reduce the Number of Certificated Employees Due to a Reduction of Particular Kinds of Services for the 2022-2023 School Year
Type Action
Absolute Date Mar 02, 2023
Recommended The recommendation is that the Board of Education approve Resolution No. 2022.23.24 to Action reduce the number of certificated employees due to a reduction in particular kinds of services for the 2023-2024 school year. PURPOSE:
The purpose is for the Board of Education to approve Resolution No. 2022.23.24 to reduce the number of certificated employees due to a reduction in particular kinds of services for the 2023-2024 school year.
BACKGROUND:
District administration has reviewed staffing and projected enrollment for the next school year and it has been determined that these positions will be eliminated for the 2023-2024 school year. This has been reviewed with the Newark Teachers Association. Resolution 2022.23.24 includes specially funded positions, including those positions designated by School Site Councils/SPSAs and positions being eliminated due to declining enrollment.
Education Code section 44955 permits the Board of Education to reduce or discontinue particular kinds of services.
File Attachments Ed Code 44955.pdf (212 KB) Reduce Certificated Positions 03.02.2023.docx.pdf (127 KB)
Motion & Voting The recommendation is that the Board of Education approve Resolution No. 2022.23.24 to reduce the number of certificated employees due to a reduction in particular kinds of services for the 2023-2024 school year.
Motion by Phuong Nguyen, second by Aiden Hill.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
CAPITAL IMPROVEMENT PROJECTS: Contract Award for Architectural Services for the Newark Memorial High School Track & Field Project
Type Action
Fiscal Impact Yes
Dollar Amount $334,950.00
Budgeted Yes
Budget Source Fund 25
Recommended The recommendation is that the Board of Education approve the contract with Verde Design Action for Architectural Services for the Newark Memorial High School Track and Field Project. PURPOSE:
To approve an agreement with Verde Design to provide architectural services for the Newark Memorial High School Track and Field Project.
BACKGROUND:
On December 5, 2022, the Board of Trustees approved the Newark Memorial High School Track and Field Project.
The District issued a Request for Qualifications & Proposal on January 23, 2023 for design services to five (5) firms with this type of experience. A pre-proposal jobsite walk took place on January 27, 2023. On February 9, 2023, four (4) proposals were received. Three of the most qualified firms were selected to interview on February 17, 2023.
The interview panel unanimously agreed that Verde Design was the most qualified team because the firm specializes in athletic fields throughout Northern California. The Verde Design team was the only firm that has won awards for their field designs. They have a proactive and practical approach to issues, have designed other fields in the local area and have a passion and expertise exceeding all the firms that were interviewed.
The proposed cost from Verde Design is $334,950. This cost is within the estimated budget in Soft Costs presented to the Board on December 5, 2022. The services that will be provided include community engagement, design, engineering, Division of the State Architect approval and permitting, bidding, construction administration and closeout.
File Attachments Verde Full service agreement NUSD.pdf (814 KB) Cost Estimate- NMHS Track and Field 12-5-22.pdf (121 KB) Newark Memorial High School_Field View.pdf (12,256 KB)
Motion & Voting The recommendation is that the Board of Education approve the contract with Verde Design for Architectural Services for the Newark Memorial High School Track and Field Project.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Diego Torres, Katherine Jones, Nancy Thomas
CONTRACT: Sylvan Learning Center
Type Action
Preferred Date Mar 02, 2023
Fiscal Impact Yes
Dollar Amount $230,000.00
Budgeted Yes
Budget Source LCAP funding, Action 1.19
Recommended The recommendation is that the Board of Education approve the contract with Sylvan Learning Action for the 2022-2023 school year. PURPOSE:
We are seeking the approval of a contract with Sylvan Learning Center in Fremont in order to provide academic tutoring for all students that are low-income, foster youth, and/or English Learners.
The District is dedicated to carrying out the Board approved LCAP for 22-23 to address the needs of our unduplicated students to meet and exceed our 3-year metrics for achievement. These funds and this contract will help us fulfill intention of our LCAP Strategy 1.19.
BACKGROUND:
As a result of community engagement, data review, and analysis, the LCAP PAC identified Academic Tutoring as an important strategy to help address student learning losses that persist, especially among our low-income, foster, and English Learner student body. The goal of this action item was to hire highly skilled and specialized intervention teachers to serve schools with a high concentration of these student populations in order to accelerate their acquisition of essential skills, content, and knowledge. Unfortunately, we did not receive applicants for the position that met the criteria needed to be effective in this important and specialized position.
In early November, the District collaborated with NTA to design an opportunity for NUSD teachers to provide after-school tutoring in small groups for a duration of 6-8 weeks for a pay of $55 per hour (including 2 hours pf paid planning time). This opportunity was shared with all TK-5 teachers on November 10th, which resulted in 4 teachers implementing intervention groups by early December. This opportunity was then expanded to include all TK-12 teachers on January 24th and 2 more teachers joined, for a total of 6 teachers.
During the LCAP PAC Meetings wherein we reviewed progress on actions and spending for each strategy, the LCAP PAC Members urged the District consider a third option by seeking a partnership with an external vendor. The group felt strongly that there is significant need and that we need to consider other options in order to spend the funds and deliver these important services. In response, the District researched best practices in nearby districts, reached out to local vendors, and reviewed the contracts and policies of districts that had adopted partnerships with external vendors for tutoring services. We determined that Sylvan Learning has successfully delivered similar contracts in Alameda County, and we found that they were the only local agency that had the capacity to support students at the scale we need.
Finally, we consulted with NTA prior to presenting this contract to the Board. We both agreed that our preference is to have been able to carry out or initial plan, to hire highly qualified Intervention Teachers to work at our schools with high concentrations of unduplicated students. We informed union leadership of our plans, and we committed to keeping the open the opportunity for any TK-12 teacher to sign up for after-school small group tutoring for the duration of 22-23.
File Attachments Sylvan Learning and Newark Unified Contract_UPDATED.pdf (79 KB) 22-23 Sylvan Learning Schedule 1,2,3_UPDATED.pdf (52 KB) BOE Presentation_ Sylvan Learning Contract 22-23.pdf (1,019 KB)
Motion & Voting The recommendation is that the Board of Education approve the contract with Sylvan Learning for the 2022-2023 school year.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
13. 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.
NTA: Sean Abruzzi
CSEA: Maria Huffer
NEWMA: Olivia Rangel
14. CONSENT AGENDA: PERSONNEL ITEMS
PLACEHOLDER - One Consented Vote
Type Action
Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent-Personnel, except for agenda items:
PURPOSE:
This is specifically a placeholder, and will only be used if multiple agenda items are approved under a consented vote.
BACKGROUND:
Items within the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.
PERSONNEL REPORT
Type Action
Absolute Date Mar 02, 2023
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 03-02-2023.pdf (209 KB)
Motion & Voting The recommendation is that the Board of Education ratify the personnel report as presented.
Motion by Phuong Nguyen, second by Nancy Thomas.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
15. CONSENT AGENDA: NON-PERSONNEL ITEMS
PLACEHOLDER - One Consented Vote
Type Action
Recommended It is recommended that the Board of Education approve, under one consented vote, the Action agenda items under Consent Non-Personnel, except for agenda items:
PURPOSE:
This is specifically a placeholder, and will only be used if multiple agenda items are approved under a consented vote.
BACKGROUND:
Items within the Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion and action. There will not be a separate discussion of these items; however, any item may be pulled from the Consent Agenda upon the request of any member of the Board and acted upon separately.
Motion & Voting It is recommended that the Board of Education approve, under one consented vote, the agenda items under Consent Non- Personnel.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
FIELD TRIP: Curricular, Overnight Trip for Kennedy Elementary fifth grade class to travel to Alliance Redwoods
Type Action
Absolute Date Mar 16, 2023
Fiscal Impact Yes
Dollar Amount $36,520.00
Budgeted Yes
Budget Source Family Donations
Recommended The recommendation is that the Board of Education approves the overnight trip for the Action Kennedy Elementary fifth grade class to travel to Alliance Redwoods. PURPOSE:
The Kennedy Elementary community requests permission to take fifth grade students on a curricular, overnight field trip. Students will travel to Alliance Redwoods, Occidental, CA for an outdoor science education camp. Students will spend time outdoors and indoors, learning about the environment and conservation. They will study animals, the land, and other topics over the week through hikes, class lessons, and discussions.
School: Kennedy Elementary
Dates: April 3 - April 6, 2023
Location: Alliance Redwoods, Occidental, CA
Chaperones for Science Camp:
The ratio of adults to students on school-sponsored trips shall be based on the following formula:
K-3 1 adult for every 5-8 students
4-9 1 adult for every 10 students
10-12 1 adult for every 10 students where strict supervision is required (tours, theaters, etc.)
Overnight trip supervision must be gender appropriate. However, in the event that the supervisors, who stay overnight in proximity to
students, are of a gender other than that group of campers, adequate planning, and preparation of campers and the physical
arrangements of the camp shall be made to ensure optimal safety and privacy of students (AR 6153).
No student will be denied due to a lack of funds.
BACKGROUND:
According to Board Policy, all trips in excess of 100 miles, non-curricular trips, and overnight trips require Board approval. The site principal and fifth grade teachers request permission to take students on an overnight curricular trip to attend an outdoor education/science camp program that is articulated with grade level curriculum. The programs are taught by credentialed staff members and camp staff and are viewed by the sites as a valuable part of the students' educational experience.
Motion & Voting The recommendation is that the Board of Education approves the overnight trip for the Kennedy Elementary fifth grade class to travel to Alliance Redwoods.
Motion by Phuong Nguyen, second by Katherine Jones.
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
FIELD TRIP: Non-Curricular Field Trip
Type Action (Consent)
Absolute Date Mar 02, 2023
Fiscal Impact No
Recommended The recommendation is that the Board of Education approves the trip to Princess Project Action Silicon Valley for Newark Memorial High School's eleventh and twelfth grade students. PURPOSE:
Newark Memorial High School requests permission to take eleventh and twelfth grade students on a non-curricular, field trip. Students in need will shop for a free Prom Dress.
School: Newark Memorial High School
Dates: March 8, 2023, 2:15 pm to 6:45 pm
Location: 950 Monroe St, Santa Clara, CA 95050
Chaperones for Field Trip:
The ratio of adults to students on school-sponsored trips shall be based on the following formula:
K-3 1 adult for every 5-8 students
4-9 1 adult for every 10 students
10-12 1 adult for every 10 students where strict supervision is required (tours, theaters, etc.)
No student will be denied due to a lack of funds.
BACKGROUND:
According to Board Policy 6153.2, all trips that are non-curricular require Board approval. The site principal and Newark Memorial High School Director of Student Activities request permission for 11th and 12th grade students to attend a 4.5 hour free prom dress shopping event.
Motion & Voting The recommendation is that the Board of Education approves the trip to Princess Project Silicon Valley for Newark Memorial High School's eleventh and twelfth grade students.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
REPORT: Contracts and Purchase Orders Authorized under Resolution 2020.21- 025 (Delegate Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19)
Type Action
Fiscal Impact Yes
Budgeted Yes
Recommended The recommendation is that the Board of Education accept the update on costs associated Action with the implementation of Resolution 2020.21-025 (Resolution of the Board of Education of the Newark Unified School District to Delegate Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19) PURPOSE: To update the Board on costs associated with the implementation of Resolution 2020.21-025 (Resolution of the Board of Education of the Newark Unified School District to Delegate Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19) from February 1, 2023 through February 28, 2023.
BACKGROUND:
On April 1, 2021, the Newark Unified School District Board approved Resolution 2020.21-025 delegating authority to the Superintendent or designee to procure necessary materials, equipment, and services that are needed to provide distance and/or in-person learning to mitigate the effects of Covid-19. Language in the resolution states "the Superintendent/Designee shall make periodic reports to the Board of Education and the public regarding implementation of this resolution and the costs associated therewith"; requiring the update provided here.
On June 16, 2022 Amended Resolution 2020.21-025 was approved. The amendment extends it to on or around June 30, 2023 and states that updates will be presented at the first Board meeting of each month.
VENDOR DATE PO NUMBER DESCRIPTION AMOUNT N/A *
*There are no contracts or purchase orders to report for the period of February 1, 2023 through February 28, 2023.
Motion & Voting The recommendation is that the Board of Education accept the update on costs associated with the implementation of Resolution 2020.21-025 (Resolution of the Board of Education of the Newark Unified School District to Delegate Authority to Procure Necessary Materials, Equipment and Services to Provide Distance and/or In-Person Learning for Staff, Teachers, and Students to Mitigate the Effects of Covid-19)
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
REPORT: Monthly Purchase Order Report
Type Action
Recommended The recommendation is that the Board of Education receive the Monthly Purchase Order Action Report as presented. PURPOSE:
The purpose of this item is to present a monthly report on Purchase Order transactions per Board Policy 3300, Expenditures and Purchases.
BACKGROUND: Based on the discussion at the Board's Study Session on January 6, 2022, staff is providing a monthly report on Purchase Order transactions per Board Policy 3300, Expenditures and Purchases. The policy states that "The Board shall review all transactions entered into by the Superintendent or designee on behalf of the Board every 60 days."
File Attachments Monthly Purchase Order Report 03-02-2023.pdf (102 KB)
Motion & Voting The recommendation is that the Board of Education receive the Monthly Purchase Order Report as presented.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
CBOC Member Resignation (Mr. Richard Watters)
Type Action
Recommended The recommendation is that the Board of Education accept the resignation of Richard Watters Action from the Citizens' Bond Oversight Committee (CBOC), effective immediately. PURPOSE:
By taking this action, the Board will accept the early resignation request from one member, Richard Watters, effective immediately.
BACKGROUND:
Mr. Watters is the current Chair of the CBOC. He was approved to a third term beginning July 1, 2022 and expiring June 30, 2024. On February 7, 2023, Mr. Watters submitted his resignation from the CBOC to the Board of Education.
Motion & Voting The recommendation is that the Board of Education accept the resignation of Richard Watters from the Citizens' Bond Oversight Committee (CBOC), effective immediately.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
CBOC Member Reappointment (Mr. Cary Knoop)
Type Action
Recommended The recommendation is that the Board of Education reappoint Cary Knoop to the Citizens' Action Bond Oversight Committee (CBOC), effective immediately. PURPOSE:
By taking this action, the Board will reappoint one member, Cary Knoop, to the Citizens' Bond Oversight Committee (CBOC) for an additional 2-year term effective immediately and expiring June 30, 2025.
BACKGROUND:
NUSD Board Administrative Regulation 7214 (for General Obligation Bonds) permits members of the CBOC to serve a maximum of three 2-year terms. General Obligations Bonds Exhibit 7214 Citizens' Bond Oversight Committee Bylaws Term of Service states: Committee members serve without compensation for a term of two (2) years, and for no more than Three (3) consecutive terms. In the event a member completes three (3) consecutive terms, they are eligible to serve again after a one (1) year hiatus from the Committee.
Mr. Knoop has served on the CBOC for three 2-year terms and has expressed an interest in returning for another term. He is eligible to serve again as he has not served for over one year. His community representation is as an At-Large Community Member.
Mr. Knoop is the only applicant for this position.
Motion & Voting The recommendation is that the Board of Education reappoint Cary Knoop to the Citizens' Bond Oversight Committee (CBOC), effective immediately.
Motion by Phuong Nguyen, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres
16. BOARD OF EDUCATION: COMMITTEE REPORTS, REQUESTS, AND ANNOUNCEMENTS
Board of Education Recognitions and Announcements
Type Information
PURPOSE:
The Trustees may recognize specific students, staff, and/or programs; outline recent activities; or make comments relative to the District.
Board of Education Committee Reports
Type Information PURPOSE:
The Trustees may provide updates, if available, on the committees of which they are members.
BACKGROUND:
Each year the Board of Education members liaise with schools and committees in order to build relationships, hear from staff, students, and families, and act as a conduit for information to and from the schools.
Board Committees 2022-23
Board Adopted on 12/15/2022 Representative Alternate
Mission Valley Regional Occupational Center/Program (ROC/P) 1. Nancy Thomas 1. Bowen Zhang Executive Board
Regional Policy Board of Special Education Local Plan Area (SELPA) 1. Katherine Jones 1. Phuong Nguyen
Newark Teacher Induction Advisory Council (Formally EBIC) 1. Aiden Hill 1. Phuong Nguyen
Audit Committee 1. Aiden Hill2. Katherine Jones1. Phuong Nguyen
Bond/Parcel Tax Committee 1. Phuong Nguyen2. Katherine Jones1. Aiden Hill
1. Phuong Nguyen
City of Newark � NUSD Liaison Committee 2. Nancy Thomas 1. Katherine Jones
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.
BACKGROUND:
Any individual Board member may request an item for a future agenda. However, if the request is for a specific staff action, the majority of the Board may be requested.
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.
17. SUPERINTENDENT'S CONCLUDING COMMENTS, UPDATES FOR THE BOARD AND FUTURE AGENDA REQUESTS
Interim Superintendent's Concluding Comments, Updates, and Future Agenda Items
AGENDA REQUESTS
Type Information
PURPOSE:
This is an opportunity for the Interim Superintendent to make any concluding comments, updates, agenda requests, or provide information of future meetings.
Notably, we expect to have a Special Board meeting on March 6 at 6:30 p.m. to formally begin the superintendent search process with Leadership Associates.
18. ADJOURNMENT
PLACEHOLDER - Extend Meeting
Type Action
Recommended The recommendation is that the Board of Education extends the meeting to ____ P.M. Action
PURPOSE:
This is a placeholder, only to be used if the Board adds a motion and action to extend the meeting.
Motion & Voting The recommendation is that the Board of Education extends the meeting to 12:00 AM.
Motion by Aiden Hill, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Diego Torres, Katherine Jones, Nancy Thomas
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 The recommendation is that the Board of Education adjourns this meeting.
Motion by Aiden Hill, second by Katherine Jones.
Final Resolution: Motion Carries
Yea: Phuong Nguyen, Aiden Hill, Katherine Jones, Nancy Thomas
Not Present at Vote: Diego Torres