MORGAN HILL UNIFIED SCHOOL DISTICT BOARD OF EDUCATION MINUTES REGULAR MEETING MHUSD Board Room December 13, 2016

Transcription

1 MORGAN HILL UNIFIED SCHOOL DISTICT BOARD OF EDUCATION MINUTES REGULAR MEETING MHUSD Board Room Attendance Taken at 4:30 PM: Present: Tom Arnett Gino Borgioli David Gerard Teresa Murillo Mary Patterson Donna Ruebusch Ron Woolf Steve Betando, Superintendent David Campbell, Student Board Representative A. CALL TO ORDER (4:30pm) A.1. OFFICIAL SWEARING-IN OF NEWLY ELECTED / RE-ELECTED TRUSTEES: Tom Arnett, Teresa Murillo, and Mary Patterson City Council Member, Larry Carr recited the official swearing-in of our newly elected and re-elected Trustees A.2. PUBLIC COMMENT ON CLOSED SESSION TOPICS The following individuals welcomed the new board members and expressed their desire for the Board to start working together, treat each other with respect, and strive to achieve solid working relationships with fellow trustees, Superintendent and Staff, to look out for the best interest of our students, and to bring our schools further ahead than they already are: Brian Sullivan, Chairman of the Executive Board of Directors, Charter School of Morgan Hill, Julie Zintsmaster, former MHUSD employee and community member Bob Benevento, former MHUSD Trustee and community member Armando Benavides, member of Community Coalition Association, Attorney and community member A.3. ADJOURN TO CLOSED SESSION A.3.a. PUPIL PERSONNEL (Student discipline Education Code (c) (K-12) A.3.a.1. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ A.3.a.2. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ A.3.a.3. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ A.3.a.4. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ A.3.a.5. Recommendation for readmission of Student R 16/ A.3.a.6. Recommendation for readmission of Student R 16/ A.3.a.7. Recommendation for readmission of Student R 16/ Page 1 of 12

2 A.3.b. LIABILITY CLAIMS -- Governmental Code Section A.3.c. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -- Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section : one case A.3.d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -- Pursuant to subdivision (a) of Government Code A.3.d.1. Beltran v. Morgan Hill Unified School District Case No. 115CV A.3.d.2. Jane Doe 1 v. Morgan Hill Unified School District Case No. 115CV A.3.d.3. Jane Doe 2 v. Morgan Hill Unified School District Case No. 115CV A.3.d.4. Jane Doe 3 v. Morgan Hill Unified School District Case No. 115CV A.3.d.5. Gregorio Nunez v. Grade Tech, Inc., Great American Insurance Company, American Contractors Indemnity Company, Morgan Hill Unified School District, and Does One through Two Hundred Case No. 16CV A.3.d.6. Grade Tech Inc., v. Morgan Hill Unified School District and Does One through Fifty, inclusive Case No. 16CV A.3.d.7. J.R., by and through his guardian ad litem, E.R. v. Morgan Hill Unified School District Civil Case 5:16-CV HRL A.3.d.8. Denise Reilly v. Morgan Hill Unified School District, and Does 1-20 Case No. 16CV A.3.d.9. M.N v. Morgan Hill Unified School District et al., Santa Clara Superior Court Case No. 115CV A.3.e. CONFERENCE WITH LABOR NEGOTIATOR (Government Code ) Service Employees International Union (SEIU) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Designated representative: Steve Betando A.3.f. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code ) A.3.f.1. Property: APNs , , , and (1630, 1730 & 1840 Tennant Avenue) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Puliafico Trust Under Negotiation: Price and terms of payment for potential purchase A.3.f.2. Property: APNs Hale Avenue) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Page 2 of 12

3 Negotiating Parties: Santa Clara County Valley Transportation Authority Under Negotiation: Price and terms of payment for potential purchase A.3.f.3. Property: APN (9530 Monterey Rd, Morgan Hill, CA) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: South Valley Charter School (DBA Charter School of Morgan Hill) Under Negotiation: Price and terms of payment for potential purchase A.3.f.4. Property: APN & (Peet Road Property) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Lupine Investors LLC and Borello Family Under Negotiation: Price and terms of payment A.3.g. PUBLIC EMPLOYEE- DISCIPLINE/DISMISSAL/RELEASE/REASSIGNMENT/COMPLAINT (Government Code and ) A.4. RECONVENE TO PUBLIC SESSION A.5. CALL TO ORDER / PLEDGE OF ALLEGIANCE President Borgioli called the meeting to order at 6:10pm Pledge of Allegiance: Aubrey Wells, Sobrato A.6. INTRODUCTION OF BOARD MEMBERS AND STAFF Board members and staff seated around the dais introduced themselves. A.7. ORGANIZATION OF THE BOARD -- Elect Board President, Vice-President, and Trustee Representative to the Santa Clara Committee on School District Organization The following individuals addressed the board: Armando Benavides, member of Community Coalition Association, Attorney and community member, spoke regarding the presidency and that he feels Trustee Borgioli has done good work as the current President. He suggests that Trustee Borgioli should be re-elected. Bob Benevento, former MHUSD Trustee and community member, said the Board President should be someone who could work with many different individuals. He suggests Trustees Ruebusch, Woolf, and Arnett for the position. A.7.a. Elect President of the Board Trustee Gerard nominated Gino Borgioli Trustee Woolf nominated Donna Ruebusch Vote was taken by ballot: The following Trustees voted for Trustee Borgioli: Borgioli, Gerard, Murillo The following Trustees voted for Trustee Ruebusch: Page 3 of 12

4 Arnett, Patterson, Ruebusch, Woolf Elected: Trustee Ruebusch A.7.b. Elect Vice-President of the Board Trustee Woolf nominated Tom Arnett Trustee Gerard nominated Teresa Murillo Vote was taken by ballot: The following Trustees voted for Trustee Arnett: Arnett, Patterson, Ruebusch, Woolf The following Trustees voted for Trustee Murillo: Borgioli, Gerard, Murillo Elected: Trustee Arnett A.7.c. Elect representative to the Santa Clara County Committee on School District Organization This item was tabled until the January meeting. B. ADOPTION OF AGENDA / APPROVAL OF CONSENT CALENDAR Motion Passed: as amended at the request of Trustee Gerard to move the following Consent items to the General Session after item G.6, items F.1.c, F.1.e, F.1.f, F.1.g, F.1.h and F.1.j, with a motion by David Gerard and a second by Gino Borgioli. David Campbell, Student Representative C. APPROVAL OF MINUTES C.1. Approve the minutes from the Regular Board meeting of November 15, 2016 Motion Passed: with a motion by Ron Woolf and a second by Mary Patterson. David Campbell, Student Representative D. PUBLIC COMMENT / COMMUNICATIONS The following individuals addressed the Board in support of Morgan Hill Federation of Teachers negotiations, teacher salaries and the value of all teachers: Sarah McDonald, MHUSD teacher Sabrina Bohnsack, MHUSD student Allie Wells, MHUSD student Page 4 of 12

5 Jennifer Klem-Myers, MHUSD teacher Darcy Foster, MHUSD teacher Rylie Hauge, MHUSD student Olivia Adams, MHUSD student Aubrey Wells, MHUSD student Collin Masterson, MHUSD student Debbie Stewart, MHUSD teacher Andrea Kusanovich, MHUSD teacher Alice Jones, MHUSD parent and sub-teacher Nancy Rhoads, MHUSD parent Jennifer Kingman, MHUSD teacher Sally Casas, member of Community Coalition Association and community member, spoke of the integrity of the Board and of past President Bob Benevento s actions during his presidency. Tanya Martinez, parent of student attending Voices College-Bound Language Academy, feels that the District is keeping Voices from having a permanent facility in Morgan Hill and asks that we all work together to give the best education to our students. Maria Solozarno, parent of student attending Voices College-Bound Language Academy, states they (Voices) feel secluded, and asks the District to please let us pursue a permanent facility. Melissa Hartley, community member and advocate, spoke regarding the proposed school site on Peet Road and toxins in the soil, including the use of Glyphosate on school grounds. Julian Mancias, member of Community Coalition Association, there are still things with the Board that concern him. Would like to see more Latino trustees on the Board and more support for the Latino students in the District. Also supports the Morgan Hill Federation of Teachers and would like to see the District do the right thing for the students. Ann Rosenzweig, community member, expressed her concern about the Hispanic and Muslim students in the District (due to the presidential election) and would like to see a resolution for equity and assuring that all schools will be safe for all students. At this time President Ruebusch moved to item G.3. El Toro Elementary Health Science Focus Academy Update. E. COMMUNICATIONS E.1. Closed Session Action Report (Government Code ) There was no report out. E.2. Report: Student Board Member Trustee Borgioli read David Campbell s report: Central, last Thursday the entire student body took park in Rock the Mock; Friday, Dec. 16 is the Awards Ceremony; the ASB Club made special door decorations for each classroom; and, Spirit Week is next week which will include Ugly Sweater Day, Spirited Head Gear Day, and Holiday Accessories; Dec 21 is the Mid-Year Graduations at the Community and Cultural Center. Live Oak, the Live Oak and Sobrato Girls Soccer will play on Friday; this week is Winter Spirit Week Live Oak is dressing up for the holidays and it is also Dead Week. Sobrato, finals are next week and Sobrato will be holding Study Hall three times this week for finals; the Marching Band has introduced its Winter Guard; ASB is working on a Canned Food Drive and Giving Tree Project which will help our community get Christmas trees for the holiday. E.3. Reports: Superintendent/Staff Superintendent Betando reported he attended the screening of the movie Audrey and Daisy, a real life drama that examines the ripple effects on family, friends, schools and communities when someone experiences sexual assault crimes against them. He will talk with staff to see how we could present this film in a meaningful way; on Nov 29 th he attended a tour at Gavilan College with some of our students from Sobrato, Central and Live Oak regarding Career Tech Education; he attended the CSBA Annual Convention with the Trustees that was held in San Francisco; on Dec 9 attended the Code to the Future tour at San Antonio Elementary School along with staff from Paradise Valley, Code to the Future has Page 5 of 12

6 access to President Obama s funds for the Digital Promise and they are looking at our District and in particular starting with Paradise Valley as a partner school with Code to the Future in becoming a model school. E.4. Employee Groups: Morgan Hill Federation of Teachers / Service Employees International Union / Morgan Hill Educational Leaders Association Morgan Hill Federation of Teachers, President Gemma Abels, welcomed the new Board members on behalf of MHFT and stated they are looking forward to working with them to make Morgan Hill stronger for all. They hope that each new member will be able to meet with their Executive Council in the new year. At the National and State Level, and here in Morgan Hill teachers will protect our students, families and communities from any legislation or order based on hatred, discrimination or aggressiveness. Using their Community Organizing Grant, MHFT is planning a Day of Action on Feb 19 the day before Mr. Trump takes office. We are partnering with the District, Public Agencies, and community organizations to ensure any student or family or community member who fears what may come from the new administration knows they are safe in our schools and our community. Gema spoke of the negotiations impasse and what it means for the teachers. Nancy Altman, MHUSD teacher (currently Teacher on Special Assignment) and member of the MHFT Negotiations Team, spoke of her involvement over the past few years with negotiations and implores the Board to please make sure they are making their best offer to the teachers. Lori Shoemaker, 3 rd grade teacher at PA Walsh and member of the MHFT Negotiations Team, shared her salary compared to other Unified School Districts. Morgan Hill Educational Leadership Association, Glen Webb, Director of Curriculum, Instruction and Assessment, spoke of leadership and opportunities. Darren McDonald, El Toro Principal, spoke regarding Instructional Rounds that are taking place at all of the school sites. E.5. Calendar: Upcoming events President Ruebusch read from the calendar of events. F. CONSENT ITEMS F.1. BUSINESS SERVICES F.1.a. Adopt resolution to accept donations made to the Morgan Hill Unified School District F.1.b. Adopt resolution to accept increases to budgets as a result of donations and make changes between funds as needed F.1.c. Ratify additional services change order to School Site Solutions, Inc. This item was pulled from the Consent agenda for further discussion The following individuals addressed the Board regarding items F.1.c, F.1.e, F.1.f, F.1.g, F.1.h and F.1.j, and spoke to the toxins in the soil at the Peet Road property and the possible dangers to the students and local residents during the remediation of the soil, and the threat of future lawsuits: Christina Hildebrand, A Voice for Choice Advocacy Tanya Carrol, community member Claudia Cibrian, community member and parent of a student attending MHUSD In accordance with Board Bylaw 9323, which states Regular Board meetings shall be adjourned at 9:30 pm unless extended to a specific time determined by a majority of the Board, approve extension of the meeting to no later than 11:00pm (second extension) Motion Passed: with a motion by Mary Patterson and a second by David Gerard Page 6 of 12

7 Tom Arnett Gino Borgioli David Gerard Teresa Murillo Mary Patterson Donna Ruebusch Ron Woolf Motion Failed: with a motion by Gino Borgioli, to table all 6 of the Borello Consent items to a Special Board meeting and prior to that meeting have time to review the DTSC (draft RAW) document that has the 36 specific and the 6 general questions. Motion Passed: with a motion by Mary Patterson to proceed with items F.1.c, F.1.e, F.1.f, F.1.g, F.1.h and F.1.j items as printed in the agenda and schedule a Board Study Session prior to the Public Hearing and circulation of the RAW, and a second by Tom Arnett. No Gino Borgioli In accordance with Board Bylaw 9323, which states Regular Board meetings shall be adjourned at 9:30 pm unless extended to a specific time determined by a majority of the Board, approve extension of the meeting to no later than 11:15pm (third extension) Motion Passed: with a motion by Donna Ruebusch and a second by David Gerard No Gino Borgioli F.1.d. Ratify material testing services for Paradise Valley Administration and Multi-use Building Project F.1.e. Ratify agreement for lighting study evaluation for the Peet Road Property This item was pulled from the Consent agenda for further discussion and was included in the approval of item F.1.c. F.1.f. Ratify acoustical study for the Peet Road Property This item was pulled from the Consent agenda for further discussion and was included in the approval of item F.1.c. F.1.g. Approve dam inundation study and evacuation plan services for the Peet Road Property This item was pulled from the Consent agenda for further discussion and was included in the approval of item F.1.c. F.1.h. Approve archaeological services for the Peet Road Property This item was pulled from the Consent agenda for further discussion and was included in the approval of item F.1.c. Page 7 of 12

8 F.1.i. Ratify underground utility survey for Paradise Valley Administration and Multi-use Building Project F.1.j. Ratify agreement with Cleary Consultants, Inc. for Removal Action Workplan services for the Peet Road Property This item was pulled from the Consent agenda for further discussion and was included in the approval of item F.1.c. F.2. EDUCATIONAL SERVICES F.2.a. Approve Grant with Silicon Valley Education Foundation F.2.b. Approve Memorandum of Understanding with Santa Clara University for The T DICES! Project: Transforming Understanding through Dialogic Inquiry in Community Environmental Science F.2.c. Approve YMCA of Silicon Valley Contract F.2.d. Approve/ratify contracts for Special Education Services for in the amount of $180,574 F.2.e. Approve travel for Ann Sobrato High School FFA Chapter (Future Farmers of America) students to attend the Made for Excellence/Advanced Leadership Academy conferences January 20th January 21, 2017 F.2.f. Approve travel for Ann Sobrato High School Future Farmers of America (FFA) qualifying participants to attend the annual FFA Regional Officer Screening from Sunday, February 26, 2017 to Monday, February 27, 2017 F.2.g. Approve travel for Ann Sobrato High School Future Farmers of America (FFA) qualifying participants to attend the annual FFA State Speaking Finals from Thursday, April 20, 2017 to Friday, April 21, 2017 F.2.h. Approve travel for Ann Sobrato High School Future Farmers of America (FFA) leadership team to attend the annual FFA State Leadership Conference from Saturday, April 22, 2017 to Tuesday, April 25, 2017 F.2.i. Approve travel for Ann Sobrato High School Future Farmers of America (FFA) students to attend CDE FFA Field Days and Judging Contests F.3. HUMAN RESOURCES F.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation F.4. SUPERINTENDENT F.4.a. Accept certified statement of election results from the County Registrar of Voters and declare the totals to be the final results of the November 8, 2016 election F.4.b. Approve Superintendent Betando's travel expenses to attend the 2017 Spring RTA Education Congress, March 5-7, 2017 Page 8 of 12

9 G. GENERAL BUSINESS -PUBLIC SESSION ITEMS FOR BOARD DISCUSSION G.1. College and Career Readiness Block Grant Presentation Presented by Heather Nursement, Director of College and Career Pathways and Kim Witthaus, Sobrato Counselor G.2. Update on Nordstrom portables The following individuals addressed the Board: Claudia Cibrian, community member and parent of MHUSD student, is concerned with the clean-up of the mold and how effective it will be. Will it be monitored over time? Her son has allergies and asthma and his highly allergic to mold. Melissa Hartley, community member and advocate, said Nordstrom parents have reached out to her for help regarding the mold. The District has used bleach on the mold which then causes the mold to become even more toxic. Rats and mice feces and urine mixing the bleach also turns toxic. Her faith in the Districts proposal for the Peet Road property is dwindling even more. This item was presented by Kirsten Perez, Assistant Superintendent Business Services In accordance with Board Bylaw 9323, which states Regular Board meetings shall be adjourned at 9:30 pm unless extended to a specific time determined by a majority of the Board, approve extension of the meeting to no later than 10:30pm (first extension) Motion Passed: with a motion by Gino Borgioli and to also move reviewing of the Consent items to after G.4 with respect to the time and the speakers in the audience, with a second by Mary Patterson. G.3. El Toro Elementary Health Science Focus Academy Update (7:30pm) This item was reviewed after Public Comment due to it being scheduled for 7:30pm. Presented by Darren McDonald, Principal at El Toro, staff and students. This item will be brought back to the Board for approval at the January 17 th meeting. G.4. Information on the proposed California High Speed Rail Presented by Leslie Miles of Westin Miles Architects At this time the Board returned to the rescheduled Consent items G.5. Approve First Interim budget for the General Fund as reported in the Standardized Account Code Structure (SACS) report Presented by Victoria Knutson, Director Fiscal Services Motion Passed: with a motion by David Gerard and a second by Ron Woolf. Page 9 of 12

10 G.6. Approve Provisional Internship Permit for Certificated Employee Presented by Fawn Myers, Assistant Superintendent Human Resources Motion Passed: approving recommendation for a Provisional Internship Permit (PIP) for Shannon DeMelo to teach English at Ann Sobrato High School for the school year, with a motion by Mary Patterson and a second by Ron Woolf. G.7. Board committee / agency / organization liaison assignments for 2017 This item was tabled until the January meeting. G.8. Adopt resolution authorizing compensation for Tom Arnett's absence from a regular meeting of the Morgan Hill Unified School District Board of Education held on November 15, 2016 Motion Passed: with a motion by David Gerard and a second by Gino Borgioli. Abstain Tom Arnett G.9. New business: future agenda items / recognitions Trustee Gerard, safe sanctuary for schools resolution for the January agenda Trustee Ruebusch, first equity item for the February agenda Trustee Borgioli, made a connection at CSBA with a company that assists with down payments for teacher housing. Will provide additional information to the Superintendent. Also, would like to add the National School Boards Association to the Board liaison assignments. Additional information such as cost, dues and any additional information will be provided to the Superintendent. H. BOARD MEMBER REPORTS I. PUPIL DISCIPLINE I.1. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ Motion Passed: approve expulsion and adoption of rehabilitation plan with a motion by Donna Ruebusch and a second by Ron Woolf. Page 10 of 12

11 I.2. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ Motion Passed: approve expulsion and adoption of rehabilitation plan with a motion by Tom Arnett and a second by Mary Patterson. I.3. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ Motion Passed: approve expulsion and adoption of rehabilitation plan with a motion by David Gerard and a second by Teresa Murillo. I.4. Recommendation for Expulsion and Rehabilitation Plan for Student E 16/ Motion Passed: approve expulsion and adoption of rehabilitation plan with a motion by Ron Woolf and a second by Tom Arnett. I.5. Recommendation for readmission of Student R 16/ Motion Passed: approve recommendation for readmission with a motion by Donna Ruebusch and a second by Mary Patterson. I.6. Recommendation for readmission of Student R 16/ Motion Passed: approve recommendation for readmission with a motion by Donna Ruebusch and a second by Mary Patterson. Page 11 of 12

12 Mary Patterson Donna Ruebusch Ron Woolf I.7. Recommendation for readmission of Student R 16/ Motion Passed: approve recommendation for readmission with a motion by David Gerard and a second by Ron Woolf. J. ADJOURNMENT The meeting was adjourned at 11:16pm. The Board returned to Closed Session and concluded the meeting at 11:59pm. Steve Betando, Superintendent Page 12 of 12