MINUTES BOARD OF EDUCATION REGULAR MEETING

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1 Page 1 Preparing Career Ready Graduates MINUTES BOARD OF EDUCATION REGULAR MEETING Fresno Unified School District June 19, 2013 Fresno, California June 19, 2013 Office of the Board of Education, Fresno Unified School District, Education Center, 2309 Tulare Street, Fresno, California Regular Meeting At a regular meeting of the Board of Education of Fresno Unified School District, held on June 19, 2013, there were present Members Asadoorian, Chavez, De La Cerda, Johnson, Mills, Ryan, and President Davis. Also present was Superintendent Hanson. President Davis convened the meeting at 3:30 p.m. in the Board Room and adjourned to Closed Session to address items 1 through 8. The Board reconvened in Open Session at 5:40 p.m. Staff Present Deputy Superintendent Quinto, Chief Academic Officer Neece, Associate Superintendents Aguilar, Christiansen, Mecum, Assistant Superintendents, Her, Hunt, Locker, Maldonado, Russell, Sanchez, Severns, Temple, Chief of Staff Chavez, Chief Information Officer Fraser, and Chief Technology Officer Madden, and Executive Director Dorsey. Reporting Out of Closed Session 1. By a vote of 6-1-0, with Member Asadoorian dissenting, the Board took action in Closed Session to approve a recognition, district stability, compromise, settlement and general release of all claims agreement between the district and Superintendent Hanson regarding his 2005 and 2008 employment contracts. 2. By a vote of 7-0-0, the Board took action in Closed Session to promote Jennifer Carr, ipl Administrator, School Leadership. 3. By a vote of 7-0-0, the Board took action in Closed Session to promote Jeremy Shipman, Principal III, Terronez Middle School. 4. By a vote of 7-0-0, the Board took action in Closed Session to promote Monica Madrigal, Vice Principal III, Duncan Polytechnical High School. 5. By a vote of 7-0-0, the Board took action in Closed Session to hire Mario Walker, Vice Principal III, Hoover High School. 6. By a vote of 7-0-0, the Board took action in Closed Session to hire Pablo Jimenez, Vice Principal, Sunnyside High School. 7. By a vote of 7-0-0, the Board took action in Closed Session to promote Selma Gonzalez, Vice Principal III on Special Assignment, Equity and Access. 8. By a vote of 7-0-0, the Board took action in Closed Session to promote Linda Diaz, Vice Principal II, Baird Middle School. 9. By a vote of 7-0-0, the Board took action in Closed Session to promote Jennifer Her Yang, Vice Principal II, Terronez Middle School. Fresno Unified School District June 5, 2013

2 Page 2 Pledge of Allegiance David Christiansen, Associate Superintendent of Curriculum and Instruction led the Pledge of Allegiance. Minutes APPROVED, as recommended, the draft minutes with noted corrections by Member Mills for January 23, 2013 and February 13, 2013 Regular Meetings, Member Mills moved for approval with noted corrections, seconded by Member Ryan, which carried unanimously. Report from Superintendent Thanked the Fresno Unified Community Being the last Board meeting of the school year, he thanked everyone for the hard work and very proud of the remarkable year they have had. Preliminary Graduation Rate up by several percentage points and thanked all the district staff; especially the high school teachers and doing great work along with the administration at the high schools to continue their focus students. Ending School Year with a Balance Budget work continues to redesign the middle schools to offer students greater program opportunities for the next school year. The Board has authorized to support District Goal 2 in Music, Career Technical Education, Early Learning. Common Core Standards This is a new approach to teaching and learning across the district. This will be a significant challenge for teachers and site administrators, parents, and students and this is a challenge for the better and he knows the students can meet. It will take significant dedication on our community to hold the students to those expectations in a curriculum that they know they can accomplish please visit the district s website on the Common Core for more information. Recognized Mr. John Klang, Executive Director of Maintenance and Operations who is retiring after 16 years of service with Fresno Unified School District. Upcoming Convocation 2013 on August 14, 2013 Fresno Unified to Kick off 2013/14 with employee Convocation which means a calling together. The event will bring the Fresno Unified community (teachers, staff, administrators, parents and community partners) together under one roof to inform, uplift and encourage before the start of the next school year. The keynote speaker for the event will be Dr. Rudy Crew, the newlyappointed president of Medgar Evers College in New York City, and most recently Oregon s Chief Education Officer. Shared a Video Transitional Kindergarten A Look Inside Mrs. Summer s Class at Williams Elementary School. For more information visit: President Davis announced that at the request of the Administration, Agenda Item A-9 will be moved from the Consent agenda and moved to the first Conference and Discussion agenda Item. On motion by Member Johnson, seconded by Member Asadoorian, the Consent Agenda, exclusive of agenda items: A-5, A-6, A-9, A-18 and A-19, which were pulled for further discussion and A-9, which was moved to the Conference and Discussion agenda, were approved on a roll call vote of , as follows: AYES: Members Asadoorian, Chavez, De La Cerda, Johnson, Mills, Ryan, and President Davis.

3 Page 3 A. CONSENT AGENDA A-1, A-2, A-3, A-4, A-5, Personnel List APPROVED, as recommended, Personnel List, Appendix A, as submitted. Findings of Fact and Recommendations of District Administrative Board ADOPTED, as recommended, the Findings of Fact and Recommendations of District Administrative Panels resulting from hearings on expulsion and readmittance cases conducted during the period since the June 5, 2013, Regular Board Meeting. Renewal of Memorandum of Understanding (MOU) Between Fresno Unified School District and the Department of Social Services (DSS) on Information Sharing APPROVED, as recommended, the Memorandum of Understanding (MOU) between Fresno Unified School District and the Department of Social Services to continue sharing information regarding children living in foster care and children at-risk for entering the Children Protective System (CPS). The contract will be effective upon execution by both parties through June 30, 2014, with an auto renewal clause for two additional one-year periods. Renewal of Memorandum of Understanding (MOU) Between Fresno Unified School District and Fresno County Office of Education for County-Wide Foster Youth Data Share APPROVED, as recommended, the Memorandum of Understanding Agreement and Amendments between FUSD and the Fresno County Office of Education. The foster youth data base, Foster Focus, is utilized by the following Fresno County agencies: Economic Opportunities Commission; Department of Social Services, Juvenile Court, Juvenile Probation and schools to enhance the educational outcomes for children living in foster care. The Foster Focus data base allows districts to identify students who are in foster care, facilitate the ability to obtain information needed to provide foster youth with services required by law, and assists in placing them in schools according to their needs. The term of the MOU will be effective June 20, 2013 through June 30, 2014, unless terminated prior to this date. Annual Agreements to Begin Prior to August 14, 2013 for the School Year PULLED for further discussion. A-6, Agreements for Legal and Investigation Services for 2013/14 PULLED for further discussion. A-7, Placement of District s Workers Compensation Stop Loss Insurance Coverage for Fiscal Year APPROVED, as recommended, the placement of Workers Compensation stop loss coverage with Star Insurance Company, the District s existing carrier. Estimated premium cost for is $180,427 and funds are available in the Workers Compensation Internal Service Fund.

4 Page 4 A. CONSENT AGENDA continued A-8, A-9, Safe School Plans for District Schools APPROVED, as recommended, the Comprehensive Safe School Plans for the school year developed by the Safety Coordinator at each school to ensure that schools provide a safe learning environment for students and staff. The plans have been organized to align with the California Standardized Emergency Management System (SEMS) Mandated Single Plan for Student Achievement (SPSA) for District Schools moving to first B-Item PULLED and MOVED from the Consent Agenda to the Conference and Discussion Agenda. A-10, Special Education Annual Budget and Service Plans and Service Descriptions APPROVED, as recommended, the Special Education Annual Budget and Services Plans and descriptions of services provided to special education students. The Annual Plans are based upon the Special Education budget approved by the Board on June 5, A SELPA-level public hearing is required to allow sufficient time for public review of the documents and response. On June 11, 2013, a public hearing was held at the Peer Assistance and Review (PAR) Office to review the Annual Plans and service description documents. A-11, Submission of a Grant Application to the California Emerging Technology Fund APPROVED, as recommended, the grant application to the California Emerging Technology Fund to promote the enrollment of Fresno area families in Comcast s Internet Essentials Program. The Internet Essentials Program provides low-cost home broadband internet access for families who have school-age children who are eligible for Free/Reduced Price Meals. Grant funds of $20,000 will cover all program costs. A-12, Submission of a Grant Application to Kaiser Permanente to Support Asthma Education RATIFIED as recommended, the grant application to Kaiser Permanente Community Benefit Foundation for continued support of asthma management education. Middle and elementary schools will be selected for participation based on student asthma rates, nurse visits to use inhalers, poor attendance, and frequency of other health-related issues. Grant funds of $60,000 will cover all program costs. A-13, Resolution 12-23, Requesting a Renewal Exemption from the Definition of School Building for J. E. Young Academic Center ADOPTED as recommended, Resolution 12-23, requesting a renewal exemption from the definition of school district building within Education Code Section for J. E. Young Academic Center located at 822 N. Abby Street, 850 N. Blackstone Avenue and 3058 N. Millbrook Avenue. The Education Code requires that school sites be approved by the Department of State Architect (DSA); however, there is an exemption for sites to operate without DSA approval provided that they comply with local building codes and serve fewer than 25 students at any one time.

5 Page 5 A. CONSENT AGENDA continued A-14, Resolution Authorizing Inter-Fund Loans for Cash Flow Purposes ADOPTED as recommended, Resolution No for adoption to authorize Fresno Unified School District to transfer funds as needed for cash-flow purposes and to reverse those transactions as funds become available for the 2013/14 fiscal year. Education Code Section authorizes inter-fund loans to convert such temporary cash flow transfers. A-15, Resolution No Authorizing an Adoption of a Retirement Plan PULLED and MOVED from the Consent Agenda to the Conference and Discussion Agenda. A-16, Authorization for the Superintendent or the Chief Financial Officer/Deputy Superintendent to Award Bid #13-26, Turner Elementary School Asphalt Rehabilitation APPROVED, as recommended, Award Bid #13-26, Turner Elementary School Asphalt Rehabilitation. This project will reconstruct the parking lot and play court, and provide accessibility improvements. Authorization to award this project immediately after June 25, 2013, will allow the project to be completed during summer break. Award will be to the lowest responsive, responsible bidder. The award will be included on the Purchase Order ratification list at a subsequent Board meeting. Sufficient funds are available in the 2012/13 Measure Q budget. A-17, Authorization for the Purchasing Executive Director to Utilize Contracts From Various Purchasing Cooperatives for Fiscal Year 2013/14 APPROVED, as recommended, authorizing the Purchasing Executive Director to utilize contracts from the purchasing cooperatives in the agenda item during 2013/14. Cooperative purchasing is a best practice that involves sharing piggyback contracts between government agencies and is allowed under Public Contract Code Purchases made under this authority will be submitted to the Board for ratification. The recommended cooperatives and a brief description are listed in the support material. Purchases will be made as needed, and funding will be identified based on the project. A-18, Authorization for the Purchasing Executive Director to Utilize Individual Piggyback Contracts for Fiscal Year 2013/14 PULLED for further discussion. A-19, Purchase Orders from December 1, 2012 through December 31, 2012 PULLED for further discussion. A-20, Purchase Orders from April 1, 2013 through April 30, 2013 RATIFIED, as recommended, Purchase Orders for $10,000 that are required by law to be competitively bid will be submitted as separate agenda items. Funding is noted on the support material.

6 Page 6 UNSCHEDULED ORAL COMMUNICATIONS Members from CSEA, Chapter 143 addressed the members of the Board expressing concerns with the new satellite lunches and provided petitions from staff, teachers, and parents who are opposing the satellite lunches. Kim Squadrito Lydia Posada Patricia Martinez Linda Burrell Terri Spencer Michelle Neves-Ehling Tomasina Kelzer Vivian Carrillo Dolores Garcia Jacque Kelly Andy Fabela Commented on the implementation of Common Core and congratulated John Klang on his retirement. Gina Rodriguez Commented on the Restorative Justice Policies and is looking forward to working with the district on the weapons and Zero Tolerance policies and community members to ensure the implementation is successful for all students in Fresno Unified. B. CONFERENCE/DISCUSSION AGENDA A-5, Annual Agreements to Begin Prior to August 14, 2013 for the School Year APPROVED as recommended, the matrix detailing agreements to deliver targeted assistance and provide services to Fresno Unified School District. These agreements fall into the following categories: A. Additional targeted assistance support to students B. Annual contract renewals C. Teacher development As a district in Program Improvement status, Fresno Unified is required to take specific targeted actions to accelerate achievement including working with external technical assistance providers. These actions are outlined in detail in the FUSD LEA Plan Addendum approved by the Board on June 18, Member De La Cerda requested clarification on the type of services to be provided by Central Valley Training Center and other special education services for students. Assistant Superintendent Hunt stated the services are for 18 to 22 year olds for the nonpublic agency for severely disabled students. The services provided are vocational training which they partner in the community providing educational services so they can meet the educational needs of the students. The district monitors the services provided in making sure they meet the needs of the students. She stated that the other services are based on the student s IEP and the district assess the needs of each individual student and monitor the type of services that will be needed to meet the student needs. Member De La Cerda moved for approval, seconded by Member Ryan, which carried unanimously.

7 Page 7 B. CONFERENCE/DISCUSSION AGENDA continued A-6, Agreements for Legal and Investigation Services for 2013/14 APPROVED as recommended, the list of legal firms and investigation firms recommended for approval to provide services to Fresno Unified during 2013/14. The list includes the firm name and location, and the 2012/13 and 2013/14 attorney/investigator hourly rate(s). Staff negotiated rates with the firms and as a result, most have kept the 2013/14 rates the same as last year. Representation agreements with all firms are available in the office of the Deputy Superintendent/Chief Financial Officer, and a sample is provided in the Board binders. Sufficient funds are available in the proposed 2013/14 budget in the Unrestricted General Fund, Workers Comp Fund and Liability Fund. Member Ryan stated that she pulled this item because of a discrepancy with the fee increase with one of the law firms. Deputy Superintendent Quinto stated that they did revise this oversight on the agenda item with Atkinson, Andelson, Loya, Ruud & Romo which is at a range of $180 to $235 an hour with the vast majority of their services are at the lower rate, with the higher rate just added this year for the attorney who specialized services out of the Los Angeles office. Member Asadoorian inquired the total of expenditures to date for the private investigators and attorneys. Deputy Superintendent Quinto stated that expenditures are at an estimated $2 million and will provide the Board with an update of the information. Member Asadoorian inquired if there is a legal budget line. Deputy Superintendent Quinto stated that there is a budget line item for professional services in each department fund that is listed in the SACS Report and will provide that information to the Board in the next several weeks. Member Asadoorian proposed the Board receive a quarterly update on legal spending. Deputy Superintendent Quinto stated that in addition to the information provided, the Board receives an update twice a year in Closed Session on the litigation cases. Member Ryan moved for approval, seconded by Member Mills, which carried a vote, with Member Asadoorian dissenting. A-18, Authorization for the Purchasing Executive Director to Utilize Individual Piggyback Contracts for Fiscal Year 2013/14 APPROVED, as recommended, authorizing the Purchasing Executive Director to utilize the piggyback contracts identified below during 2013/14. Piggybacking is a best practice that takes advantage of competitive pricing from a contract held by another school district or public agency; the originating district/agency must follow formal bid and piggybacking procedures and is allowed under Public Contract Code As the recommended action approves individual contracts, subsequent purchase orders will be submitted to the Board for information only and not included for ratification. The recommended piggyback contracts and a brief description are listed in the support material. Funding will be determined on a project-by-project basis. Member Chavez requested clarification on the timeline for the piggyback contracts, and inquired when will the Board receive notification of the contract and does it include services. Assistant Superintendent Temple stated that the Board would be provided with the information within the next 30 to 60 days. She stated that these contracts are for goods with a variety of products that benefit the district which does not preclude the district from any commitment. Member Chavez moved for approval, seconded by Member De La Cerda, which carried unanimously.

8 Page 8 B. CONFERENCE/DISCUSSION AGENDA continued A-19, Purchase Orders from December 1, 2012 through December 31, 2012 RATIFIED, as recommended, Purchase Orders for $10,000 or more that are required by law to be competitively bid will be submitted as separate agenda items. Member Asadoorian inquired why the Purchase Orders from December are on the agenda. Assistant Superintendent Temple stated that due to inquiry from the member of the public about the Purchase Orders for December, they noticed an oversight on their part in not placing the item on the agenda, and therefore this item is before the Board for their consideration. She stated that they have implemented a new process so this type of oversight will not occur again. Member Asadoorian moved for approval, seconded by Member Ryan, which carried unanimously. A-9, Mandated Single Plan for Student Achievement (SPSA) for District Schools APPROVED as recommended, the Single Plan for Student Achievement (SPSA) for all District schools. A copy of each school s SPSA is available online for Board review, and in the Office of State and Federal Programs. Funding for all actions in each SPSA is included in the site budget. Funding for all actions in each SPSA is included in the site budget. Executive Officer Townsend presented the members of the Board with the Single Plan for Student Achievement (SPSA) for District Schools. The presentation covered the following: Purpose of the SPSA What are Federal SPSA Requirements? Who is Responsible for Developing the Individual Site s SPSA? Process for Developing and Reviewing the SPSA Key Features of the SPSA How Do our School s Choose to Spend Their Site Funds? Are There Any New Trends in Where School s Choose to Budget Funds? The following individual addressed the members of the Board regarding this item: Eric McCormick commented on the Bullard Regional Pilot Program regarding the GATE Program and stated that there are 700 students in the Bullard pyramid who are GATE qualified, but do not have GATE access and another 300 students who elected to attend Manchester GATE. There is no comprehensive GATE program in the K-6 schools and there are some of the recommendations for programs being offered before and after school programs which is a conflict for some students who play sports. He expressed concerns with the superintendent promising a comprehensive GATE program and looks like they were allocated $14 per student for the 2013/14 school year. An opportunity was provided for questions/comments from members of the Board and staff was available to provide a response.

9 Page 9 B. CONFERENCE/DISCUSSION AGENDA continued A-9, Mandated Single Plan for Student Achievement (SPSA) for District Schools continued Member Asadoorian stated that she cannot support this item because of the promise that was made to the Bullard Regional area with regards to the GATE programs at each of the schools in the Bullard pyramid. For the record, there were comments/questions on this agenda item by Members Asadoorian, Mills, De La Cerda, and President Davis. With no further comments, President Davis moved for approval, seconded by Member Johnson, which carried a vote, with Member Asadoorian dissenting. A copy of the PowerPoint is available on the district website. President Davis RECESSED for a break at 7:44 pm and RECONVENED at 7:55 pm. B-21, Status of Career and Technical Education program in Fresno Unified School District PRESENTED, purpose of this presentation is to provide the Board with information regarding the status of our Career and Technical Education (CTE) program. Executive Officer, Sally Fowler, presented the members of the Board with the Career and Technical Education program in Fresno Unified School District. The presentation covered the following: Begin with the End in Mind: FUSD Roadmap to Excellence District Goals Definition of a Career-Ready Graduate Guiding Principle Shared Responsibility Four Over Arching Goals A More Integrated Approach Increasing Rigor of CTE Courses Current CTE Data Points Budget College and Career Readiness System College and Career Readiness Fresno Unified Graduation Rates Options for Students Beyond High School Our Motivation Next Steps An opportunity was provided for questions/comments from members of the Board and staff was available to provide a response. For the record, there were comments/questions on this agenda item by Members Mills, Chavez, Ryan, Johnson, Asadoorian, President Davis, and Superintendent Hanson. A copy of the PowerPoint is available on the district website.

10 Page 10 B. CONFERENCE/DISCUSSION AGENDA continued B-22, Proposed Revisions for Board Policy 0410, Board Policy 4030, Board Policy 5137, Board Policy , and Deletion of Board Policy DISCUSSED and ADOPTED as recommended, are the revisions to the following Board Policies and APPROVED as recommended, to Delete Board Policy : BP 0410 Nondiscrimination in District Programs and Activities: Policy update aligns with current district practices. BP 4030 Nondiscrimination in Employment: Policy update reflects new law (AB 1964) which prohibits discrimination against an employee or job applicant based on the person's religious beliefs, observances, or dress or grooming practices. BP 5137 Positive School Climate: Policy update aligns with current district practices and promotes nonviolent conflict resolution techniques. BP Nondiscrimination/Harassment: Policy updates ensures compliance with CDE decision that uniform complaint procedures must be used to receive and investigate student complaints involving discrimination, harassment, intimidation, and bullying based on the characteristics covered within Education Code BP Complaints Concerning Discrimination: BP is being recommended to the Board for deletion. It has been rendered obsolete with the recent updates to the Uniform Complaint Procedure (BP ), the district s discrimination complaint process. Executive Director Teresa Plascencia presented the members of the Board with Revisions for Board Policy 0410, Board Policy 4030, Board Policy 5137, Board Policy , and Deletion of Board Policy The presentation covered the following: Outline Board Policy 0410 Nondiscrimination in District Programs and Activities Board Policy Complaints Concerning Discrimination Board Policy 4030 Nondiscrimination in Employment Board Policy 5137 Positive School Climate Board Policy Nondiscrimination/Harassment Action Plan Summary of Revisions An opportunity was provided for questions/comments from members of the Board and staff was available to provide a response. For the record, there was a comment made by Member Mills. With no further comments, Member Ryan moved for approval, seconded by Member De La Cerda, which carried unanimously. A copy of the PowerPoint is available on the district website.

11 Page 11 B. CONFERENCE/DISCUSSION AGENDA continued B-23, Superintendent s Employment Agreement Effective July 1, 2013 through June 30, DISCUSSED and ADOPTED as recommended, the Superintendent s Employment Agreement has been revised to conform to the requirements of Assembly Bill 1344 and contains other changes and revisions. The $30,000 Retention Incentive has been eliminated and the 3.5% annual increase has been replaced with the lower Consumer Price Index, per Assembly Bill The Superintendent s total compensation has increased by $7,500. Legal Counsel de Goede presented the members of the Board with the Superintendent s Employment Agreement effective July 1, 2013 through June 30, 2017 to conform to the requirements of Assembly Bill 1344 and contains other changes and revisions. Member Asadoorian applauded the many efforts of Superintendent Hanson since he s arrived in Fresno Unified, but she wanted to point out some data points that will lead to her decision in not supporting this item: negotiations with the bargaining units and wants to wait to see the outcome of the negotiations before they start at the top; referenced the salaries of superintendents in the (Los Angeles, San Diego, Long Beach, and Fresno Unified) and in comparison to those top four, Fresno Unified s superintendent s salary is much higher than school district s much larger than Fresno Unified. An opportunity was provided for questions/comments from members of the Board and Legal Counsel de Goede was available to provide a response. For the record, there were comments/questions by Members Mills, Chavez, Asadoorian, Johnson, Ryan, De La Cerda, and President Davis. With no further comments, Member Johnson moved for approval, seconded by Member Ryan, which carried a vote, with Member Asadoorian dissenting. B-24 Resolution No Authorizing an Adoption of a Retirement Plan ADOPTED as recommended, Resolution No to authorize Fresno Unified School District to adopt a retirement plan exclusively for the Superintendent. This will allow the district to establish a 401(a) plan document to accommodate an option for employer contributions provision currently included in the Superintendents contract. The District would retain rights to amend, modify or discontinue the retirement plan at any time. The 401(a) is a tax deferred retirement plan. Deputy Superintendent Quinto providing the members of the Board with Resolution No 12-33, authorizing an adoption of a retirement plan in order to establish an additional employer retirement plan for Superintendent Hanson. Member Mills commented that it calls for in paragraph 4 of the contract that the Board approves. An opportunity was provided for questions/comments from members of the Board and staff was available to provide a response. For the record, there were comments made by Member Mills and Superintendent Hanson. Member Ryan moved for approval, seconded by Member Johnson. With no further comments, President Davis called for a roll call vote, which carried a roll call of vote as follows: AYES: Chavez, De La Cerda, Johnson, Mills, Ryan, and President Davis; NOES: Member Asadoorian.

12 Page 12 C. RECEIVE INFORMATION & REPORTS There are no items for this portion of the agenda. BOARD/SUPERINTENDENT COMMUNICATIONS Member Mills Highlighted a fundraiser by the Fresno High Tribal Parent Club, July 9 at 6 pm as they bring down the bunkers. Superintendent Hanson Next Board meeting is scheduled for August 19, D. ADJOURNMENT Meeting adjourned at 9:22 p.m. With no further business to come before the Board of Education at this time, President Davis declared the meeting adjourned at 9:22 p.m.