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Regular Meeting of the Board of Education
Newport-Mesa USD
January 15, 2019 6:00PM
District Education Center - Roderick H. MacMillian Board Room 2985 - A Bear Street Costa Mesa, California 92626

1. Roll Call - 3:30 p.m.
1.a. Board of Education/Superintendent
2. Community Input on Closed Session Agenda Items
2.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the Closed Session agenda only. Each speaker has 3 minutes to address the Board and speakers may not cede unused time to other speakers. Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 

When addressing the Board, it is helpful if you state your name and address for the video record. 



3. Closed Session - 3:30 p.m.
3.a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - International School for Science and Culture Appeal of District Board Denial of Charter to the Orange County Board of Education
3.b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
3.c. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
3.d. Student Discipline (Pursuant to Education Code Sections 35146, 48918[c]) – 5 cases
3.e. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
4. Dinner Recess - 5:30 p.m.
5. Regular Meeting - 6:00 p.m.
6. Call to Order
6.a. Call to Order - Presiding Chairperson
7. Opening Ceremonies
7.a. Moment of Reflection/Pledge of Allegiance to the Flag
8. Adoption of Agenda
8.a. Adoption of Agenda
Recommended Motion:

It is recommended that the Board of Education adopt the agenda as presented.

9. Adoption of Minutes
9.a. Adopt Minutes of 12-11-18 and 12-13-18
Recommended Motion:

It is recommended that the Board of Education adopt the minutes of 12-11-18 and 12-13-18 as submitted.

Attachments:
12-11-18 Minutes
12-13-18 Special Meeting Minutes
10. Student Board Member Reports
11. Harbor Council PTA Report
12. Report
12.a. Report on 2019 HVAC Projects
Recommended Motion:
No recommendation; report only.
Comments:
Current Consideration:
The Facilities Development Department will report on the 2019 HVAC Projects at the following schools:

Back Bay High School
Ensign Intermediate School
Harbor View Elementary School
Newport Elementary School
Newport Heights Elementary School
Mariners Elementary School
Whittier Elementary School

Approved by:
Holcomb/Zareczny
Board Agenda
January 15, 2019
13. Informational Items
14. Community Input on Action Items
14.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:

Speaker cards for items on the Discussion/Action calendar will be held until that item is considered by the Board. 

This is an opportunity for the public to address the Board on action items - Consent Calendar, Resolution Consent Calendar, Discussion/Action Calendar. Per BB 9323, each individual speaker will have 3 minutes and speakers may not cede unused minutes to other speakers, and there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. The Board, staff, or members of the public may request that a specific item on Consent be moved to Discussion Action. Requests to move Consent items must be received prior to the time the Board takes action on the Consent Calendars.

All comments are recorded in full on the meeting video record. When addressing the Board, it is helpful if you state your name and address for the video record.

15. Superintendent Report
16. Consent Calendar
Recommended Motion:
It is recommended that the Board of Education approve the consent calendars of business, human resources, education, student support services, and superintendent as submitted.
Quick Summary / Abstract:
All items listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion. This includes the Consent Calendars for Business, Education Services, Human Resources, Student Support Services, and Superintendent. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff or the public request specific items to be discussed and/or removed from the Consent Calendar. Public requests of items to be discussed and/or removed should be submitted in writing prior to the Board's consideration of the Consent Calendar.
16.a. Business Services
16.a.1. Ratify Agreement with Westberg + White, Inc. for Architectural and Aquatic Design Services for Estancia High School Aquatics Center
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Westberg + White, Inc. for architectural and aquatic design services for Estancia High School Aquatics Center, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Special Reserve Fund for Capital Outlay Projects - Not to exceed $534,000
Comments:
Background:
The original Estancia High School Aquatics Center Project was designed and anticipated to be delivered utilizing a design-bid-build procurement process.  At the time bids were received in 2017, the bids exceeded the approved project budget.  In an effort to deliver the project within a reasonable budget, staff was directed to consider alternate delivery methods and verify the budget.

Current Consideration:
The scope of the project has been modified to reflect the needs of the school.  The modified scope includes modernization of the existing P.E. locker rooms, small gymnasium restrooms and team rooms.  The modernization of the existing facilities eliminates the necessity for a new aquatic support building, as included in the original project scope.  In addition, the pool specifications have been modified from a Myrtha pool (steel) to a traditional shotcrete (concrete) structure.

On September 11, 2018, the board authorized the Assistant Superintendent, Chief Operating Officer to negotiate and award a contract to Westberg + White, Inc. to design the revised project scope for Estancia High School Aquatic Center.

Approved by:
Holcomb/Zareczny
Board Agenda
January 15, 2019
Attachments:
Westberg+White Agreement for Architectural Services
16.a.2. Ratify Contract For Deposit Of Public Funds With Farmers & Merchants Bank Of Long Beach
Recommended Motion:
It is recommended that the Board of Education ratify the Contract for Deposit of Public Funds with Farmers & Merchants Bank of Long Beach.
Financial Impact:
Not Applicable
Comments:
Background:
The Board awarded Bid #117-18 for banking services to Farmers & Merchants Bank of Long Beach (FMB) on October 23, 2018.

Current Considerations:
Since the safety of public funds is a foremost objective in public fund management, California Government Code Section 53630 et. seq. requires the district's contract with Farmers & Merchants Bank to require FMB to pledge appropriate securities or other instruments as collateral as an important safeguard for the district's deposits.

Since the executed contract from FMB was not available until December 10, 2018 and was executed by the district's Chief Financial Officer on that date to facilitate the efficient management and transfer of the district's funds; staff is now requesting the Board to ratify the Contract for Deposit of Public Funds with Farmers and Merchants Bank of Long Beach.

Approved by:
Holcomb/Trader
Board Agenda
January 15, 2019
Attachments:
Contract for Deposit of Public Funds
16.a.3. Ratify Award of Bid#119-18 Bleachers for Sports Field Project at Corona del Mar High School
Recommended Motion:
It is recommended that the Board of Education ratify the award of Bid #119-18 Corona del Mar High School Sports Field Bleachers.
Financial Impact:
Budget Area: Special Reserve Fund for Capital Outlay Projects, $384,900.
Comments:
Background
On October 9, 2018, the Board of Education granted permission to authorize the Assistant Superintendent, Chief Operating Officer to advertise and award Bid #119-18 Corona del Mar High School Sports Field Bleachers to the lowest qualified bidder. Advertisements were published on November 8 and 29, 2018.
 
Current Consideration
The District received two (2) bids and conducted the bid opening on November 29, 2018. The lowest, qualified bidder was considered to be Southern Bleacher, with a base bid of $384,900. The matter appears for ratification to enter the award into the public record.
 
Approved by 
Holcomb/Trader
Board Agenda 
January 15, 2019
16.a.4. Ratify Agreement with Best Best & Krieger LLP to Provide Legal Services Related to School Facilities Matters
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Best Best & Krieger LLP to provide legal services related to school facilities matters, including but not limited to, negotiations with the Division of State Architect regarding the Estancia High School turf replacement project.
Financial Impact:
Budget area: General Fund for legal fees - Not to exceed $50,000
Comments:
Background:
Best Best & Krieger LLP provided the district legal services in 2014 and 2015 for facilities projects including the installation of Photo Voltaic Systems.

Current Consideration:
Based on the good quality of service provided in 2014/15 and their expertise in school facilities matters, Best Best & Krieger LLP has been selected to provide the district with legal services for future school facilities matters, including but not limited to, negotiations with the Division of State Architect relating to the Estancia High School turf replacement project.

Approved by:
Holcomb
Board Agenda
January 15, 2019
Attachments:
Agreement with Best Best & Krieger and NMUSD 12-27-18
16.a.5. Approve Settlement Agreement and Release of All Claims Between Newport-Mesa Unified School District and PJHM Architects
Recommended Motion:
It is recommended that the Board of Education approve the settlement agreement and release of all claims between Newport-Mesa Unified School District and PJHM Architects, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget area: Special Reserve Fund for Capital Outlay - $26,700
Comments:
Background:
On May 25, 2016, the district and PJHM Architects entered into an agreement for PJHM Architects to provide design professional services for the Estancia Aquatic Facility and Future Theater projects.

A dispute has arisen between the parties and it is desired by both parties that the agreement for architectural services be terminated.

Current Consideration:
Upon approval and signature of this agreement by PJHM Architects, the district agrees to pay PJHM Architects the sum of $26,700 within ten (10) business days of Board of Education approval. Staff recommends approval of this settlement agreement.

Approved by:
Holcomb
Board Agenda
January 15, 2019
Attachments:
Settlement Agreement-Release of All Claims PJHM & NMUSD 01-15-19
16.a.6. Approve Agreement with MOTIV Sports of Huntington Beach for Newport-Mesa Unified School District to Provide Charter Bus Services for the 2019 Surf City Marathon
Recommended Motion:
It is recommended that the Board of Education approve the agreement with MOTIV Sports of Huntington Beach for Newport-Mesa Unified School District to provide charter bus services for the 2019 Surf City Marathon on February 3, 2019.
Financial Impact:
MOTIV Sports of Huntington Beach will remit payment to Newport-Mesa Unified School District for services as follows:

- Charter Bus Service, including bus and driver: Billing at the standard customer rate of $60.00 per hour per bus and driver, portal to portal, which covers all district expenses.

- Additional non-driver support staff members: Billing at $40.00 per hour per person, which covers all district overhead including any support services.

In 2018, the total invoice for this service was $21,500.  The estimated total to be invoiced for services provided on February 3, 2019 is $25,000.
Comments:
Background:
At the request of Kiwanis Foundation of Huntington Beach, the district annually provided charter bus services for the Surf City Marathon in Huntington Beach. For 2019, the event is organized by MOTIV Sports of Huntington Beach who is requesting the same service. The use of school buses for community recreation is addressed in Education Code 39835 as provided in Chapter 10 (Part 7, Section 10900).

Current Consideration:
MOTIV Sports of Huntington Beach requests that the district provide charter bus services on February 3, 2019 to transport participants of the 2019 Surf City Marathon in Huntington Beach. Staff recommends approval of the agreement to provide these services.

Approved By:
Holcomb/Humphrey
Board Agenda
January 15, 2019
Attachments:
Agreement-MOTIV Sports of HB for Charter Bus Services
16.a.7. Approve Agreement with PQBids for Prequalification of Prospective Bidders Services
Recommended Motion:

It is recommended that the Board of Education approve an agreement with PQBids for prequalification of prospective bidders for new construction and modernization projects and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.


Financial Impact:

General Fund, Facilities & Operations – not to exceed $34,500

Comments:

Background:
Prequalification of contractors is required for all projects that could receive state funding.  To better streamline the process, staff requested a proposal from PQBids for prequalification services.  PQBids utilizes an online process for construction project prequalification.  It is anticipated that this will increase competition on district bids by engaging a broad contractor audience.  The agreement will be for three years.

Current Consideration:
Staff recommends approval of the agreement with PQBids for prequalification of prospective bidders for district construction projects.

Approved by:
Holcomb/Zareczny
Board Agenda
January 15, 2019

Attachments:
PQBids Service Agreement 01-15-19
16.a.8. Approve Budget for Summer 2019 HVAC Projects at Various School Sites
Recommended Motion:
It is recommended that the Board of Education approve the budget for Summer 2019 HVAC Projects at seven (7) school sites, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Special Reserve Fund for Capital Outlay Projects - Not to exceed $25,600,000
Comments:
Background:
In 2016, the district began a program renovating all sites district-wide with HVAC.  Continuing with our current program which began with the northernmost sites in the district, the following school sites will be upgraded with HVAC in Summer 2019:
  1. Harbor View Elementary - $3,289,200
  2. Newport Elementary - $4,966,100
  3. Newport Heights Elementary - $3,330,650
  4. Mariners Elementary - $3,129,150
  5. Whittier Elementary - $2,985,100
  6. Ensign Intermediate -$5,915,600
  7. Back Bay High School -$1,984,200
Total - $25,600,000

Current Consideration:
Staff recommends approval of the budget for Summer 2019 HVAC Projects at seven (7) school sites.

Approved by:
Holcomb/Zareczny
Board Agenda
January 15, 2019
16.a.9. Approve Information Technology Maintenance and Support Agreements
Recommended Motion:
It is recommended that the Board of Education approve the Information Technology Department's maintenance and support agreements with CatchOn, Inc. and SHI, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Information Technology, as budgeted - Not to exceed $49,162.
Comments:
Background:
The district utilizes a number of vendors to provide maintenance and support for various information technology related software and service products including Chromebook usage analytics tools (CatchOn Insight Service from CatchOn, Inc.) and disk space analysis (Treesize from SHI).

Current Consideration:
The annual maintenance and support agreements vary in renewal term start and end dates; however, all are considered routine renewals.

Approved by:
Holcomb/Babovic
Board Agenda
January 15, 2019
Attachments:
IT Maintenance and Support Board Items 01-15-19
IT Maintenance and Support Quotes 01-15-19
16.a.10. Approve Amendment #1 of Service Agreement with Consultant Merit Whitney for Pupil Transportation Consulting Services
Recommended Motion:
It is recommended that the Board of Education approve Amendment #1 of Service Agreement with Consultant Merit Whitney for Pupil Transportation Consulting Services, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Transportation - Not to exceed an additional $6,000 for a new total of $12,000.
Comments:
Background:
On November 13, 2018, the Board of Education approved a Service Agreement with Consultant Merit Whitney for Pupil Transportation Consultation Services. The agreement includes an inspection of record keeping for compliance; review of training documentation and of driver training records, a summary of the appropriate amount of time that should be utilized to train and retain drivers; as well as any additional consultation and operational assistance for the Transportation Department as requested.

Current Consideration:
The Transportation Department desires additional time with the consultant to continue the services to provide additional benefits to the district.

Approved By:
Holcomb/Humphrey
Board Agenda
January 15, 2019
Attachments:
Amendment #1 to Service Agreement with Merit Whitney 01-15-19
16.a.11. Reject Claim No. AU-18SUA121318
Recommended Motion:
It is recommended that the Board of Education reject in whole claim AU-18SUA121318.
Financial Impact:
Not applicable.
Comments:
Background:
The district received a claim for damages on or about November 13, 20118.

Current Consideration:
It is recommended that the Board of Education reject in whole claim AU-18SUA121318
to protect the statute of limitations associated with future legal action.

Approved by:
Holcomb/Trader
Board Agenda
January 15, 2019
16.a.12. Reject Claim No. PI-18SHA091018
Recommended Motion:
It is recommended that the Board of Education reject in whole claim PI-18SHA091018.
Financial Impact:
Not applicable.
Comments:
Background:
The district received a claim for damages on or about November 21, 2018.

Current Consideration:
It is recommended that the Board of Education reject in whole claim PI-18SHA091018 to protect the statute of limitations associated with future legal action.

Approved by:
Holcomb/Trader
Board Agenda
January 15, 2019
16.a.13. Reject Claim No. AU-18BRE101818
Recommended Motion:
It is recommended that the Board of Education reject in whole claim AU-18BRE101818.
Financial Impact:
Not applicable.
Comments:
Background:
The district received a claim for damages on or about November 28, 2018.

Current Consideration:
It is recommended that the Board of Education reject in whole claim AU-18BRE101818 to protect the statute of limitations associated with future legal action.

Approved by:
Holcomb/Trader
Board Agenda
January 15, 2019
16.a.14. Approve Purchasing and Transaction Report for 01-15-19
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report for 01-15-19.
Financial Impact:
Budget Areas: Various funds district-wide.
Comments:
Background:
Reports are inclusive of the following:

A Purchase Order Summary along with an Abstract that lists all purchase orders over $10,000, excluding insurance premiums, legal, refuse, and utility expenses. Also shown are all purchase orders over $1,000 for new equipment.

A Business Trip Summary detailing business trips by employee name, trip purpose, and funding source(s).

A Surplus Report listing assets that have moved or have been sent to Bear Street for liquidation and/or archiving.

Current Consideration:
Purchase orders covering the period of November 29, 2018 through January 3, 2019: Processed 419 purchase orders totaling $3,501,128.02.

Business trips covering the period of November 29, 2018 through January 3, 2019: Processed 116 Travel Approval Requests.

Surplus report covering the period of November 29, 2018 through January 3, 2019, listing all assets that have moved or may be staged for liquidation.

Approved By:
Holcomb/Trader
Board Agenda
January 15, 2019
Attachments:
Canceled Purchase Orders Report 01.15.19
Change Orders Report 01.15.19
Purchase Order Detail Report 01.15.19
Purchase Orders Exceeding $10,000-New Equip Rpt 01.15.19
Surplus Report 01.15.19
TAR Report 01.15.19
16.a.15. Approve Accounting Report 01-15-19
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 01-15-2019.
Financial Impact:
Not applicable, routine impact.
Comments:
Background:
The Accounting Report reflects all warrants issued by the district for the period being reported. The report includes partial contractual payments, final contractual payments and general warrants. As a matter of state law and district procedure, the report represents public disclosure of the district's expenditures and is presented in the public record for acceptance by the Board of Education.

Current Consideration:
The Accounting Report for Business Services reflects activity for the period November 26, 2018, through December 30, 2018. All items on the report are routine.

Approved By:
Holcomb/Trader
Board Agenda
January 15, 2019
Attachments:
Accounting Check Register 01-15-19
Accounting Report 01-15-19
16.b. Education Services
16.b.1. Ratify Rental Agreement with Vanguard University for the Newport-Mesa Unified School District Music Festival
Recommended Motion:

It is recommended that the Board of Education ratify the Rental Agreement with Vanguard University for the Newport-Mesa Unified Music Festival on January 11, 2019


Financial Impact:
Budgeted; not to exceed $1,050.
Comments:

Background:
Music teachers are developing vocal workshops to have educational district events for elementary students to support zone concerts. This is supportive and appropriate to the current needs of music programs in the district. 

Current Consideration:
This contract will allow elementary teachers and students to work together as a large group with small group opportunities in a university setting.  The elementary choral workshop is scheduled on Friday, January 11th 2019.

Approved by
Drake/Del Real/Fitzpatrick
January 15, 2019

Attachments:
Vanguard Rental Agreement
16.b.2. Approve Memorandum of Understanding between Charitable Ventures of Orange County on behalf of its Fiscally Sponsored Project San Gorgonio Outdoor Science School and Newport-Mesa Unified School District for College Park Elementary for the 2018-2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Memorandum of Understanding between Charitable Ventures of Orange County on behalf of its fiscally sponsored project San Gorgonio Outdoor Science School and Newport-Mesa Unified School District for College Park Elementary for the 2018 - 2019 school year.


Financial Impact:

The item has been budgeted. Student fees and fundraisers.

Comments:

Background
San Gorgonio Outdoor Science School is a non-profit organization, working under the umbrella of Charitable Ventures of Orange County, operating an Outdoor Science School program located in the San Bernardino mountains.  Students have a hands-on experience, interact with nature and the natural surroundings in a program aligned with the California Science and/or Social Science Content Standards. No student is denied the opportunity to participate in the program because of the inability to pay. The schools acquire the financial support from fund-raising efforts, parents, and the community to assist those students who are unable to pay. Students electing not to participate are provided with appropriate classroom instruction at the school during the time students are at camp. 

Current Consideration
Students and teachers from College Park Elementary School will participate in the program offered at the San Gorgonio Outdoor Science School during the 2018-2019 school year. 

Approved by
Drake/Suhr/Rodriguez
Board Agenda
January 8, 2019
Attachments:
San Gorgonio Science School - College Park
16.b.3. Approve Brain Pop Six Month Subscription for Kaiser Elementary for the 2018-2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Brain Pop six month subscription renewal for Kaiser Elementary for the 2018-2019 school year.


Financial Impact:
This item has been budgeted. Area: Site funds
Comments:

Background
Brain Pop is an online resource which provides lessons that engage students and checks for understanding.  Brain Pop engages students to expand content knowledge and vocabulary in the areas of Science, Math, Social Studies, English Language Arts, Technology, Engineering, Arts, Music, Health, Reading, and Writing. The content is aligned with California State Standards and has a searchable online Standards Tool.  Teachers can use the Brain Pop clips as part of classroom instruction and students can access the clips at school and at home to reinforce content knowledge and vocabulary for grade level content.

Current Consideration
Kaiser Elementary will use Brain Pop as a supplement to the core curriculum.  The subscription is for a 6 month term beginning January 16, 2019 through June 30, 2019 at a cost not to exceed one thousand one hundred seventy six dollars ($1,176)

The California Student Data Privacy Agreement has been signed and is on file.

Approved by
Drake/Suhr/Granger
Board Agenda
January 15, 2019




Attachments:
Brain Pop Privacy Policy
Brain Pop Terms of Use
16.b.4. Accept a Grant from the City of Newport Beach for the Ensign Intermediate School Dance Club
Recommended Motion:

Accept a Grant from the City of Newport Beach for the Ensign Intermediate School Dance Club.

Financial Impact:
Acceptance of a grant from the City of Newport Beach, in the amount of one thousand dollars ($1,000).
Comments:

Background:

The Ensign Intermediate School Dance Club utilizes the art of dance to help students that may be struggling to find a sense of belonging and connection in a large school during a challenging transitional period in life.  Ensign Dance Club provides a space for self-expression for all students, including students from a wide range of socio-economic backgrounds and physical abilities.  The goals of the Ensign Dance Club include providing a fun and safe way to build self-confidence, be physically active, and make friends, all while providing real experience in the performing arts.  Experience in dance Club also assists these students in their transition to high school, with an activity that they can continue to participate in at their new school.

Current Consideration

The City of Newport Beach has granted $1,000 in support of the Ensign Dance Club.  The grant is considered to be a donation to the Newport-Mesa Unified School District, and as such is governed by the requirements of Education Code 41032.  In addition, Board Policy 3290 which is consistent with the law requires formal acceptance of gifts by action of the Board in a public meeting. The funding will be donated to the Newport-Mesa Unified School District, allocated to school budget and expended in accordance with all rules and regulations of the grant and district. The funds will be used to support professional instruction and t-shirts that will be worn for performances.  

Approved by:
Drake/Bauermeister/Sciacca
Board Agenda
January 15, 2018

Attachments:
NB City Grant for Ensign
16.b.5. Approve the Agreement With Theatrical Rights Worldwide (TRW) for Estancia High School for the 2018 - 2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the agreement with Theatrical Rights Worldwide (TRW) for Estancia High School for the 2018 - 2019 school year.

Financial Impact:

This item has been budgeted. Art funds will be used - not to exceed one thousand, nine hundred twenty-five dollars ($1,925).

Comments:

Background:

Theatrical Rights Worldwide (TRW) is a full service musical theatre licensing company. TRW opened its doors in October 2006, proudly presenting musicals from Broadway, Off-Broadway, and the West End, as well as shows originating in regional theatres and elsewhere. It is TRW's mission to cultivate and introduce new work along with extending the production life of musicals to all theatrical marketplaces. As agents for the authors, TRW grants live stage production rights, the authorized performance materials required to rehearse and present these musicals, as well as innovative products aimed at helping the artistic and commercial value of the presentations.

Current Consideration:

Estancia High School students will perform the musical, The Addams Family in April 2019 which features an original story. The Addams Family School Edition has been carefully edited, with additional director’s notes throughout, to make the show more producible for high school groups. In some cases problematic language has been changed, while in others an alternate choice is offered at the discretion of the director. 

This production requires the use of set materials including equipment and songs for an amateur theatrical production. This agreement will enable the Estancia High School theater teacher/director to use the production materials.

Approved by:
Drake/Bauermeister/Halt
Board Agenda
January 15, 2019

Attachments:
TRW agreement.Addams Family Estancia
16.b.6. Approve Vocabulary Spelling City Six Month Subscription for Davis Magnet School for the 2018/2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Vocabulary Spelling City six month subscription for Davis Magnet School for the 2018-2019 school year.


Financial Impact:
The item has been budgeted. Area: site general funds.
Comments:

Background
Vocabulary Spelling City is game based instructional software for K-12 which enhances vocabulary and spelling proficiency through visual learning. This software incorporates the latest research in learning and the brain.  It promotes mastery-based learning and literacy, vocabulary and spelling techniques and understanding. Vocabulary Spelling City software games use interactive, graphically-rich animations that visually represent spelling concepts to improve conceptual understanding of spelling words and the use of the vocabulary words.

Current Consideration
Davis Magnet School currently uses Vocabulary Spelling City for grades K through six. The program will continue to be implemented in all classrooms as a supplement to the curriculum. The Vocabulary Spelling City subscription will begin upon Board approval through June 30, 2019 at a cost not to exceed seven hundred twenty eight dollars and 03/100 ($728.03)

The California Student Data Privacy Agreement (CSDPA) and Exhibit E for Vocabulary Spelling City has been signed and is on file. 

Approved by
Drake/Suhr/Flores
Board Agenda
January 15, 2019


Attachments:
Vocabulary Spelling City - Terms of Service
Vocabulary Spelling City Privacy Policy
16.b.7. Approve the Renewal of the Subscription to KUTA Software for Corona del Mar High School for the 2018 - 2019 School Year
Recommended Motion:

Approve the renewal of  the subscription to KUTA Software  for Corona del Mar High School for the 2018 - 2019 school year.

Financial Impact:

Budgeted item - will be paid with site funds, not to exceed one thousand, one hundred eight dollars and twenty-eight cents ($1,108.28).

Comments:

Background:

KUTA Software has been used by Corona del Mar High School in their Math classes. This renewal will provide a license for teachers to access programs to generate practice worksheets, quizzes, and exams with answers for concepts in Algebra, Geometry, Trigonometry, and Calculus.

Current Consideration:

The renewal period is for the 2018 - 2019 school year. The California Student Data Privacy Agreement (CSDPA) is not required.

Approved by:
Drake//Bauermeister/Scott
Board agenda
January 15, 2019

Attachments:
Kuta Software Quote.Privacy Policy.CDM
16.b.8. Approve Renewal Purchase of IXL Software for the 2018 - 2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the use and purchase of IXL Software through June 30, 2019.


Financial Impact:

The item has been budgeted.  Individual school sites and actual costs will be listed on separate purchasing registers.


Comments:

Background:

The IXL Software is based on best practice assessment research and tailored instructional strategies. IXL provides the teacher with opportunities for embedded formative assessment and options for differentiated instruction. The teacher may use daily formative assessments to monitor student learning, create instructional groups and provide targeted re-teaching.

Current Consideration:

IXL Software has been used in grades K through 12.  The program will continue to be implemented in classrooms as a supplement to the core curriculum for math for students in mainstream and Special Day Classes (SDC). The IXL subscription will run through June 30, 2019.

The California Student Data Privacy Agreement (CSDPA) has been signed and is on file.

Approved by:
Drake/Suhr/Bauermeister
Board Agenda
January 15, 2019

Attachments:
IXL Privacy Policy & Terms of Service
IXL Quote.CMHS.18-19
IXL Quote.College Park.18-19
IXL Quote.Ensign.18-19
IXL Quote.Newport Coast.18-19
IXL Quote.Victoria.18-19
16.b.9. Approve Publication of the 2017-2018 School Accountability Report Cards (SARC)
Recommended Motion:

It is recommended that the Board of Education approve the publication of the School Accountability Report Cards (SARC).




Financial Impact:

None.

Comments:

Background
The Board of Education recognizes its responsibility to provide the public with important information about each public school. The School Accountability Report Card (SARC) is intended to provide families and the community with information about each district school and to provide data by which parents/ guardians can make meaningful comparisons between schools. The required elements of the SARC include Demographic data, School safety and climate for learning information, Academic data, School completion rates, Class sizes, Teacher and staff information, Curriculum and instruction descriptions, Postsecondary preparation information, and Fiscal and expenditure data. Guidelines established by the California Department of Education specify which school years apply to the required elements: 2016-17, 2017-18, or 2018-19.  The Board of Education shall annually issue SARCs for each school site. 

Current Consideration
The 2017-18 SARCs published during the 2018-19 school year are prepared according to guidelines from the California Department of Education. The District will publish a SARC for each school site on the District website.

Approved by
Drake/Galey
Board Agenda
January 15, 2019




16.b.10. Approve the Subscription to Atlas Language Services, Inc. for Application-Based and Call-in Interpretation for Newport-Mesa Unified School District Schools for the 2018 - 2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Subscription to Atlas Language Services, Inc. for application-based and call-in interpretation for Newport-Mesa Unified School District schools for the 2018 - 2019 school year.

Financial Impact:

Purchases will be site funded by various site budgets depending on the package:

Packages may include:

  • Annual number of events with streaming needs: Up to 100
  • Annual number of listeners: Up to 4,000
  • Number of channels: Up to 2
    • Note: Channels are used to stream audio from NMUSD interpreters/translators and/or school community facilitators.
  • Number of sessions happening at the same time: Up to 2
Comments:

Background:

Atlas Language Services, Inc. is a Language Service Provider (LSP) based in the United States. Atlas is the U.S. Representative for their affiliated partner, Interactio. This partnership is required as Interactio provides the application-based interpretation software; whereas, Atlas provides the call-in feature. Founded in 2000, Atlas Language Services started with a management team who helped pioneer language interpreter certification during the early and mid-1990's.

Current Consideration:

Atlas Language Services will be used by the Newport-Mesa Unified School District schools to assist parents with interpretation services at school events which allow them to receive live audio streaming and call-in interpretation only from district interpreters/translators and/or school community facilitators on their mobile device.

  • Interpretation is done by NMUSD staff who use the broadcaster software provided by Interactio on district equipment for WiFi application-based streaming or by Atlas for call-in interpretation. There is no outside interpreter involved.
  • District interpreters/translators and/or school community facilitators will need a laptop with the “broadcaster” software/component, and a good quality microphone  (professional level is recommended).  
  • Audience/listeners (parents) will need a smartphone/tablet for the WiFi application-based stream or a smartphone/phone for the call-in stream.  It is also recommended that listeners have a set of headphones for personal use.

Approved by:
Drake/Bauermeister
Board Agenda
January 15, 2019

Attachments:
Atlas agreement.NMUSD.18-19
16.b.11. Approve the Amendment for 2018-19 Interagency Agreements for District Services Between Coastline Regional Occupational (ROP) and Newport-Mesa Unified School District
Recommended Motion:

It is recommended that the Board of Education approved the amended 2018-19 Interagency Agreements for District Services between Coastline Regional Occupational Program (ROP) and Newport-Mesa Unified School District for the term beginning December 3, 2018 and ending June 30, 2019.


Financial Impact:

Budgeted Item.  The annual schedule of payments to be made by Newport-Mesa Unified School District is set forth in Exhibit B is based upon the dates scheduled for the receipt of state apportionment.

The District agrees to bill ROP and provide final invoices and documentation of all appropriate program costs incurred by the District by June 30, 2019.

For the Specific Interagency Agreement Attachment, ROP agrees to bill the District and provide final invoices and documentation of all appropriate program costs by June 30, 2019.


Comments:

Background:

Annually, Coastline Regional Occupational Program (ROP) and Newport-Mesa Unified School District have entered into a General Interagency Agreement to provide program and services to students.  

Current Consideration:

The current consideration is for the Board of Education to approve the amended Interagency Agreements for District Services between Coastline Regional Occupational Program (ROP) and Newport-Mesa Unified School District for the term beginning December 3, 2018 and ending June 30, 2019.

 Approved by:

Lee-Sung/Drake/Vossen

Board Agenda

January 15, 2019



Attachments:
Coastline-ROP Specific Interagency Agreement Amended
16.b.12. Approve the 2018-19 Career Technical Education Advisory Committee Members
Recommended Motion:

It is recommended that the Board of Education approve the 2018-19 Career Technical Education Advisory Committee Members.



Financial Impact:

There is no financial impact.

Comments:

Background:
According to the 2018-19 California Department of Education Program Monitoring document for Career Technical Education, in Section I, Involvement, CTE 01.1.1: "The governing board of each school district participating in a Career Technical Education (CTE) program shall appoint a CTE Advisory committee to develop recommendations on the program and to provide liaison between the District and potential employers."

Current Consideration:
Attached is the list of 2018-19 Career Technical Education Advisory Committee members.

Approved by:
Lee-Sung/Drake/Vossen
Board Agenda
January 15, 2019

Attachments:
2018-19 CTE Advisory Board Members
16.b.13. Approve the Use and Purchase of Mind Research Institute ST Math License Subscription Renewal for the 2018-2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve the use and purchase of Mind Research Institute ST Math License Subscription Renewal through June 30, 2019.



Financial Impact:
The item has been budgeted. Individual school sites and actual costs will be listed on separate purchasing registers.


Comments:

Background
ST Math is game-based instructional software for K-12 and is designed to boost math comprehension and proficiency through visual learning.  ST Math incorporates the latest research in learning and the brain and promotes mastery-based learning and mathematical understanding. The ST Math software games use interactive, graphically-rich animations that visually represent mathematical concepts to improve conceptual understanding and problem-solving skills.

Current Consideration
ST Math has been used in grades K through 12.  The program will continue to be implemented in classrooms as a supplement to the core curriculum  The ST Math license subscription runs through June 30, 2019.

The California Student Data Privacy Agreement (CSDPA) has been signed and is on file.

Approved by
Drake/Suhr/Bauermeister
Board Agenda
January 15, 2018



Attachments:
ST Math Privacy Policy
ST Math Terms of Use
16.b.14. Approve Pro Tools First Software for Newport-Mesa Unified School District
Recommended Motion:

It is recommended that the Board of Education approve the Pro Tools First software for Newport-Mesa Unified School District, as needed for the Production and Managerial Arts Pathway.


Financial Impact:

There is no cost for the software.

Comments:

Background:

Pro Tools First is an audio production software that will allow the students to learn how to produce music digitally as well as other audio recordings.  It is also part of the CTE dual enrollment program that culminates with Avid Pro Tools certification.

Current Consideration:

Pro Tools First software will provide Newport-Mesa Unified School District's Production and Managerial Arts Pathway free software for each class, as needed.

Approved by:
Drake/Vossen
Board Agenda
January 15, 2019



16.b.15. Approve Stukent Software for use at Newport Harbor High School
Recommended Motion:

It is recommended that the Board of Education approve the Stukent software one year subscription for Newport Harbor High School's Business/Finance Pathway.




Financial Impact:

Budgeted area - CTE Incentive Grant: $1,500.00

Comments:

Background:

Stukent is a software that will allow the students to have the opportunity to earn an industry certification with MIMIC Social Media Marketing simulation and training software.  The simulation has built in  assessment features that the students and teacher can access.

Current Consideration:

Stukent subscription will provide Newport Harbor High School's Business/Finance Pathway a one year license for up to 120 students.  The California Student Data Privacy Agreement is included.

Approved:
Drake/Vossen
Board Agenda
January 15, 2019


Attachments:
Stukent - CSDPA
Stukent Invoice
16.b.16. Approve iCEV Business Marketing Software for use at Newport Harbor High School
Recommended Motion:

It is recommended that the Board of Education approve the iCEV Business Marketing software one year subscription for Newport Harbor High School's Business/Finance Pathway.



Financial Impact:

Budgeted area - CTE Incentive Grant: $5,550.00

Comments:

Background:

iCEV Multimedia is a software that will allow students to have the opportunity to earn an industry certification with Southwest Airlines Profession Communications Certification software.  The simulation has built in assessment tools and features so the students have the ability to achieve the certification levels with the software.

Current Consideration:

iCEV Multimedia subscription will provide Newport Harbor High School's Business/Finance pathway a one year license for up to 120 students.  The California Student Data Privacy Agreement is included.

Approved by:
Drake/Vossen
Board Agenda
January 15, 2019



Attachments:
iCEV Multimedia - CSDPA
iCEV Multimedia Invoice
16.b.17. Approve the Use and Purchase of Nearpod License Subscription Renewal for the 2018-2019 school year.
Recommended Motion:
It is recommended that the Board of Education approve the use and purchase of Nearpod License Subscription Renewal through June 30, 2019.
Financial Impact:
The item has been budgeted. Individual school sites and actual costs will be listed on separate purchasing registers.
Comments:

Background
Teachers have been using Nearpod as a resource for the last year.  Nearpod's School Edition gives them the ability to share lessons across grade levels. Nearpod is a content tool that works on any device.  Teachers create and curate their own interactive multimedia lessons by uploading content in a variety of formats and by adding interactive activities such as polls, quizzes, drawing and more.

Current Consideration
Nearpod is currently used in grades K-6.  The licenses include cloud storage and access to beneficial online content, allowing teachers the ability to create content to share with others. The program will continue to be implemented in classrooms as a supplement to the core curriculum.  The Nearpod license subscriptions run through June 30, 2019. 

California Student Data Privacy Agreement has been signed and is on file.

Approved By
Drake/Suhr
Board  Agenda 
January 15, 2019


Attachments:
Nearpod-Terms & Conditions & Privacy Policy
16.b.18. Approve the Office of College and Career Education to Apply for Phase 4 of the Career Technical Education Incentive Grant (CTEIG)
Recommended Motion:
It is recommended that the Board of Education approve the Office of College and Career Education to apply for Phase 4 of the Career Technical Education Incentive Grant (CTEIG) in the amount of $200,000.
Financial Impact:

Budget Impact:
The match requirement for Phase 4 of the CTE Incentive Grant is a minimum of 2:1 ratio.  Newport-Mesa Unified School District will have $400,000 available as matching funds.

Sources of Newport-Mesa Unified School District match dollars are: Perkins Grant, Coastline-ROP, and NMUSD CTE salaries, equipment, supplies and events.

All grant funds must be spent by June 30, 2020.  NMUSD must comply with grant requirements by presenting a sustainability three-year budget through 2022-23.


Comments:

Background:

The purpose of the CTE Incentive Grant is to grow, enhance and expand District CTE programs to industry standards within their pathways and to promote staff development for CTE teachers and staff.

  • Phase 1 of the Grant award was $1,018,225
  • Phase 2 of the Grant award was $1,193,627
  • Phase 3 of the Grant award was $675,000

Current Consideration:

The plan for use of the funds from Phase 4 of the CTE Incentive Grant is as follows:

  • Support all CTE pathways with industry specific equipment
  • Continue to offer professional development and teacher externships with industry partners
  • Continue to provide opportunities for students to engage with industry
  • Career Technical Student Organizations (CTSO) support district wide

Approved by:
Drake/Vossen
Board Agenda
January 15, 2019

16.b.19. Approve Elementary Student Travel Register 01-15-19
Recommended Motion:

it is recommended that the Board of Education approve Elementary Student Travel Register 01-15-19.

Financial Impact:

The item has been budgeted. Area: site budgets.

Comments:

Background
The Elementary Student Travel Register lists trips planned by the elementary school sites during the school year.

Current Consideration
The Elementary Student Travel Register is submitted for consideration.

Approved by
Drake/Fish
Board Agenda
January 15, 2019



Attachments:
Elementary Student Travel Register 01-15-19
16.b.20. Approve Independent Contractors' Register 1-15-19
Recommended Motion:

It is recommended that the Board of Education approve the Independent Contractors' Register 1-15-19.


Financial Impact:

The various funding sources of the Independent Contracts are listed on the Register.

Comments:

Background:
An Independent Contractors' Register, listing current independent contractors/consultants who are providing specialized services to the District, is routinely submitted on the Consent Calendar for Board approval.

Current Consideration:
Independent Contractors' Register 1-15-19 is submitted for consideration.

Approved by:
Drake/Sense
Board Agenda
January 15, 2019

Attachments:
Independent Contractors' Register 01-15-19
16.b.21. Approve Secondary School Related Travel Register 1-15-19
Recommended Motion:

It is recommended that the Board of Education approve the Secondary School Related Travel Register 1-15-19. 


Financial Impact:

This item has been budgeted; routine impact.

Comments:

Background:
The Secondary School Related Travel Register listing trips planned by the secondary school sites is submitted for approval by the Board of Education.

Current Consideration:
Secondary School Related Travel Register 1-15-19 is submitted for consideration.

Approved by:
Drake/Sense
Board Agenda
January 15, 2019

Attachments:
Secondary Student Travel Register 01-15-19
16.c. Human Resources
16.c.1. Approve Renewal Speech Language Pathology Student Field Placement Agreement Between California State University Long Beach and Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approve the attached Speech Language Pathologist Student Field Placement Agreement between California State University Long Beach and Newport-Mesa Unified School District .
Financial Impact:
No financial impact.
Comments:

Background:
The Board of Education has the authority to enter into agreement with universities and colleges to provide supervised learning hours through directed field experience through programs at California State University Long Beach and Newport-Mesa Unified School District.

Current Consideration:
Attached is the renewal Speech Language Pathologist Student Field Placement Agreement between California State University Long Beach and Newport-Mesa Unified School District. The Agreement is a renewal for the period of January 15, 2019 and continuing until June 30, 2022 or until either party gives thirty (30) days written notice.

Approved By:
Olson/Brown
January 15, 2019
Board Meeting

Attachments:
CSULB SLP Student Field Placement
16.c.2. Approve Classified Employees' Appointment/Reassignment Register 01-15-19
Recommended Motion:

It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 01-15-19.

Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
California Education Code 45272 and Personnel Commission Rule 50.200, Vacancy in the Classified Service - Appointment and Reassignment, authorizes the Board of Education to appoint and reassign classified employees.

Current Consideration:
The positions listed on Appointment/Reassignment Register 01-15-19 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
January 15, 2019

Attachments:
Classified Appointment Register 01-15-19
16.c.3. Approve Classified Employees' Leave of Absence Register 01-15-19
Recommended Motion:

It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 01-15-19.


Financial Impact:

This item has been budgeted; routine impact.

Comments:

Background:
California Education Code 45190, Leaves of Absence and Vacations, states that, Governing boards of school districts may grant leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district.

Current Consideration:
These leaves are approved in accordance with the state and local legislation.

Approved By:
Clark/Caldwell
Board Agenda
January 15, 2019

Attachments:
Classified Leave of Absence Register 01-15-19
16.c.4. Approve Classified Employees' Resignation/Termination Register 01-15-19
Recommended Motion:

It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 01-15-19.

Financial Impact:

This item has been budgeted; routine impact.

Comments:

Background:
California Education Code 45261 and Personnel Commission Rule 6.1.0, Resignation, and Personnel Commission Rule 6.1.0, Dismissal, authorizes the Board of Education to take action on the resignation and/or termination of any classified employee and effect the date of resignation/termination.

Current Consideration:
These are record keeping transactions for terminations and resignations from permanent, probationary, provisional, limited term and substitute appointments.

Approved By:
Clark/Caldwell
Board Agenda
January 15, 2019

Attachments:
Classified Resignation Register 01-15-19
16.c.5. Approve Certificated Employees' Appointment/Reassignment Register 01-15-19
Recommended Motion:
It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 01-15-19.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
Education Code 44830 authorizes the governing board of school districts to employ into public service persons meeting certification qualifications as prescribed by law.

Current Consideration:
The names listed on the attached Register 01-15-19 meet Education Code and State of California Commission on Teacher Credentialing requirements as public school teachers and requires the approval of the governing board for employment.

Approved By:
Olson/Viena Gaeta
Board Agenda
January 15, 2019
Attachments:
Certificated Appointment Register 01-15-19
16.c.6. Approve Certificated Employees' Leave of Absence Register 01-15-19
Recommended Motion:
It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 01-15-19.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
California Education Code Section 44962 authorizes the Board of Education to grant leaves of absence to certificated staff members.

Current Consideration:
The certificated employees listed on Register 01-15-19 are requesting leaves of absence for the reasons indicated for the 2018-19 school year.

Approved By:
Olson/Garcia
Board Agenda
January 15, 2019
Attachments:
Certificated LOA Register 01-15-19
16.c.7. Approve Certificated Employees' Resignation/Termination Register 01-15-19
Recommended Motion:
It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 1-15-19.
Financial Impact:
No budget impact.
Comments:

Background:
California Education Code Section 44930 authorizes the Board of Education to accept the resignation of certificated staff.

Current Consideration:
The certificated employees listed on the attached Register 01-15-19 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
January 15, 2019
Attachments:
Certificated Resignation Register 01-15-19
16.d. Student Support Services
16.d.1. Approve Student Discipline – Expulsion of Students
Recommended Motion:
It is recommended that the Board of Education approve the expulsion of students 18-11-79, 18-12-78, 18-14-78, 18-15-72, and 18-16-76. 

Financial Impact:

None.




Comments:

Background:

In accordance with Education Code Sections 35146, 48918, actions of student discipline relative to expulsions are reviewed and acted upon by the Board of Education.

 

Current Consideration:

The following student expulsion matters are before the Board for discipline consideration: students 18-11-79, 18-12-78, 18-14-78, 18-15-72, and 18-16-76.


Board Approval:

Jocham/D’Agostino

Board Agenda

January 15, 2019




16.d.2. Approve Settlement Agreement 01025121
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement 01025121 pursuant to the laws of the State of California.
Financial Impact:

None.

Comments:

Background:

On November 30, 2018, a Settlement Agreement was reached in case 01025121.  The Settlement Agreement allows Student to be placed in a special health care special day class setting while special education staff conduct Student's Initial special education assessment.

Current Consideration:

The Settlement Agreement includes a waiver of all educational claims through March 1, 2019.

Approved by:

Jocham/Cottrell

Board Agenda

January 15, 2019

16.d.3. Approve Settlement Agreement 21021070
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement 21021070 pursuant to the laws of the State of California.
Financial Impact:

None.

Comments:

Background: 

On December 14, 2018, a Settlement Agreement was reached in case 21021070.  The Settlement Agreement allows Student to be placed in an Autism Specific/ABA special day class setting while special education staff conduct Student's Initial special education assessment. 

Current Consideration:

The Settlement Agreement includes a waiver of all educational claims through March 29, 2019.

Approved by:

Jocham/Cottrell

Board Agenda

January 15, 2019


Rationale:


 
16.d.4. Approve Settlement Agreement 10025150
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #10025150 pursuant to the laws of the State of California.
Financial Impact:

$7,500.00

Comments:

Background:

On December 11, 2018, a Settlement Agreement was reached in Case #10025150.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all past claims and future claims henceforth and forever.

Approved by:

Jocham/Cottrell

Board Agenda

January 15, 2019

16.d.5. Approve a One-Year License Subscription for Max Scholar
Recommended Motion:
It is recommended that the Board of Education approve a One-Year License Subscription for Max Scholar to be used in special education classrooms for the 2018-2019 school year.
Financial Impact:

$1,625.00

Comments:

Background:

Max Scholar is a multi-sensory program for teaching effective reading comprehension strategies for students who are below grade level in their reading skills.  It is on-line accessible from any computer, notebook, or tablet.  It contains high-interest passages while improving students' comprehension skills.  Improves reading comprehension and introduces the concepts of highlighting, summarizing and outlining a text.

Current Consideration:

This agreement provides a subscription for one year for a special education preschool classroom at Sonora for the 2018-19 school year.

Approved by:

Jocham/Barela

Board Agenda

January 15, 2019

Attachments:
MaxScholar_CSDPA
MaxScholar_PrivacyPolicy_Terms
MaxScholar_Quote
16.d.6. Approve Contract with Orange County Department of Education for Interpretation and Translation Services for Student Support Services
Recommended Motion:
It is recommended that the Board of Education approve the contract between Student Support Services and OCDE to provide interpretation and translation services in various languages as needed for parent meetings and IEPs.
Financial Impact:

Budgeted, not to exceed $10,000.

Comments:

Background:

For some time the Newport Mesa Unified School District's student population has become increasingly diversified, with students in various schools coming from homes where primary languages such as Farsi, Vietnamese, and Mandarin/Chinese are spoken.  While the translation of documents and interpretation services required for significant subgroups that exceed 15% of the District's total student population, the need for translation services in languages other than Spanish at IEP meetings, Student Study Team Meetings, Student Attendance Review Board Meetings, and parent meetings also presents themselves.  The Orange County Department of Education's Office of Services for Language Learners provides translators for parent meetings and IEPs in a variety of languages that cannot be currently services by District translators. 

Current Consideration:

It is recommended that the Board of Education approve the contract between Student Support Services and OCDE for interpretation and translation services as presented.

Approved by:

Jocham/Barela

Board Agenda

January 15, 2019

Attachments:
OCDE Trnsltn Contract
16.d.7. Approve Provider Data Use Agreement between Newport-Mesa Unified School District and the California Department of Health Care Services
Recommended Motion:
It is recommended that the Board of Education approve the Data Use Agreement (DUA) between Newport-Mesa Unified School District (N-MUSD) and the California Department of Health Care Services (DHCS).
Financial Impact:
There is no financial impact for this agreement.  Reimbursement for the Local Educational Agencies (LEA) services is included in LEA/Medi-Cal Administrative Activities (MAA) Medi-Cal Services Agreement between Newport-Mesa Unified School District and Paradigm Healthcare Services approved June 26, 2018.  To seek reimbursement for the District's participation in MAA activities the DUA is required by DHCS.
Comments:

Background:

N-MUSD has had a data user agreement with the DHCS since 2012 when DHCS mandated that LEA's submit a data user agreement by November 30, 2012 and every three years thereafter.  The DUA allows LEA's to identify a "Custodian" of the data and related compliance measures.  The Custodian is the person/entity employed or contracted by the LEA who receives the eligibility data from DHCS and assumes responsibility for ensuring that all of the security requirements and conditions for use and disclosure of the data is followed.  Paradigm Healthcare Services has been the "Custodian" of N-MUSD's eligibility information since 2008.  The due date for the DUA was changed this year to January 31, 2019 as there was a change to the DUA Template.

Current Considerations:

In order to secure data and documents that reside in the California DHCS Medi-Cal systems of records, or with its agents, and to ensure the integrity, security, and confidentiality of such data and documents, and to permit only appropriate disclosure and use as may be permitted by law, the DHCS, and N-MUSD mutually agree that Paradigm Healthcare Services is designated as the "Custodian of the Files" on behalf of N-MUSD and shall be responsible for the observance of all conditions of use and for the establishment and maintenance of security arrangements as specified in the data user agreement.

Approved by:

Jocham/Grasska

Board Agenda

January 15, 2019


Attachments:
CA Dept of Health Care Services
16.d.8. Approve Communication Severity Scales Training by The Speech Pathology Group
Recommended Motion:

It is recommended that the Board of Education approve the Professional Development Training by the Speech Pathology Group on February 13, 2019 to train the Speech Therapists on the Communication Severity Scales.



Financial Impact:

None. 


Comments:

Background:

Speech Therapists must make data driven recommendations for levels of therapy to provide to children. The Communication Severity Scales provides school based clinicians with strategies and data to assist with determining the frequency and duration of speech and language therapy services.  It also will assist clinicians with making determination for exiting students from speech and language therapy.  The Communication Severity Scales was revised and updated in 2017.

Current Consideration:

The District has an old version of this assessment tool which is more than 10 years old.  This is no longer considered to be a valid instrument to use.  Due to the extent of the revisions, the speech therapists should be trained to use this updated assessment.

Approved by:

Jocham/Barela

Board Agenda

January 15, 2019



Attachments:
SPG Letter
16.d.9. Approve Provider Participation Agreement between Newport-Mesa Unified School District and the Department of Health Care Services
Recommended Motion:
It is recommended that the Board of Education approve the Provider Participation Agreement (PPA) between Newport-Mesa Unified School District (N-MUSD) and the California Department of Health Care Services (DHCS).
Financial Impact:

The exact amount of reimbursement is unknown and varies from year to year.

Comments:

Background:

Newport-Mesa Unified School District has had a PPA with the DHCS since 1997 when the District first entered into an agreement to participate as a provider of services under the state Medicaid program.  The purpose of the PPA is to permit qualified LEAs to participate as providers of services under California's Medicaid program (Medi-Cal).  A PPA is required for participation in the LEA Medi-Cal Billing Options Program.

Current Considerations:

The mutual objective of the DHCS, the California Department of Education (CDE), and the LEA is to improve access to needed services for children.  The PPA sets out responsibilities relative to the LEA's participation in the LEA Medi-Cal Billing Option Program.  This agreement is retroactively effective on July 1, 2018.

Approved by:

Jocham/Grasska

Board Agenda

January 15, 2019


Attachments:
Provider Participation Agreement with DHCS
16.d.10. Approve Nonpublic School/Agency Contract for the 2018-2019 School Year
Recommended Motion:

It is recommended that the Board of Education approve Master Contracts for Nonpublic Schools/Agencies who will provide services as established from the Individual Educational Program.

Financial Impact:

Budgeted.


Comments:

Background:

The Special Education Local Plan Area of the Newport-Mesa Unified School District has approved Nonpublic School/Agency Master Contracts for 2018-2019 under provisions of Education Code 56565 and 56366.

Current Consideration:

There is 1 new Master Contract for Nonpublic Schools/Agencies for 2018-2019.

Del Sol School Inc.

The new Master Contract will provide services with the school and agency placements as specified on current IEP's.

Approved by:

Jocham/Barela

Board Agenda

January 15, 2019

Attachments:
Del Sol Contract
16.d.11. Approve Addendum to the Master Contract for Seneca Family of Agencies for 2018-2019
Recommended Motion:
It is recommended that the Board of Education approve the Addendum to the Master Contract for Seneca Family of Agencies, Non-Public Agency, who will provide services as established from the Individual Educational Program.
Financial Impact:

None.

Comments:

Background: 

The Eligibility and Planning/Education Assessment Service Committees of the Newport-Mesa Unified School District have approved Nonpublic School/Agency Master Contracts for 2018-2019 under provisions of Education Code 56365 and 56366.

Current Consideration:

This Addendum to the Master Contract was made and entered into effect as of July 1, 2018.

Approved by:

Jocham/Barela

Board Agenda

January 15, 2019


Attachments:
Seneca Add
16.d.12. Approve Parent Reimbursement Contracts for 2018-2019 School Year
Recommended Motion:
It is recommended that the Board of Education approve Parent Reimbursement Contracts as established from the Individual Education Program.
Financial Impact:

$7,530.52


Comments:

Background:

The Eligibility and Planning/Education Assessment Service Committees of the Newport-Mesa Unified School District have approved Parent Reimbursement Contracts for 2018-2019 under provisions of Education Code 56365 and 56366.

Current Consideration:

These five Parent Reimbursement Contracts are to reimburse parents for services they have incurred with schools and agency placements as specified on current IEPs.

Approved by:

Jocham/Barela/Cottrell

Board Agenda

January 15, 2019

16.e. Superintendent
16.e.1. Approve Communication Resources 2018-19 Contract
Recommended Motion:
It is recommended that the Board of Education approve the Consulting Agreement between Newport-Mesa Unified School District and Thomas K. DeLapp, Communication Resources for Schools in an amount not-to-exceed $15,000.
Financial Impact:

Budgeted: Not-to-exceed the amount of $15,000 for fees and reimbursable travel expenses.



Budgeted: Not-to-exceed the amount of $15,000 for fees and reimbursable travel expenses
Budgeted: Not-to-exceed the amount of $15,000 for fees and reimbursable travel expenses
Budgeted: Not-to-exceed the amount of $15,000 for fees and reimbursable travel expenses
Comments:

Background:
For the past six years, the District has entered into an agreement with Thomas K. DeLapp to provide communication consulting services to the District in an advisory and project-based capacity. The current contract expired on June 30, 2018. The new contract authorizes the District to enter into an agreement with Thomas K. DeLapp, Communication Resources for Schools on July 1, 2018 to provide professional expertise and support in the areas of communication training, crisis communication and messaging strategies, marketing strategies, advising and assistance to the district on a project basis. The previous year contract was budgeted in an amount not-to-exceed $15,000. The new proposed contract is not-to-exceed $15,000.

Current Consideration:
It is recommended that the Board of Education approve the Consulting Agreement between Newport-Mesa Unified School District and Thomas K. DeLapp, Communication Resources for Schools in an amount not-to-exceed $15,000.

Approved by:
Navarro/Angulo
Board Agenda
January 15, 2019


Attachments:
Communication Resources Contract
17. Discussion/Action Calendar
17.a. Approve Agreement with Pfeiffer Partners for Architectural Design Services for the Estancia High School Theater Complex
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Pfeiffer Partners, for architectural design services for Estancia High School Theater Complex, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Special Reserve Fund for Capital Outlay Projects - Not to exceed $1,499,300 plus reimbursables allowed per the contract.
Comments:
Background:
In an effort to obtain architectural and engineering design services for the new Estancia High School Theater Complex, the district prepared and distributed a Request for Qualifications (RFQ). In response to the RFQ, the district received eleven proposals that were evaluated using a standardized rating process.  Of those firms, five were selected for the interview process, which occurred in late 2018.

All five firms demonstrated a high caliber of skill for the subject project;  however, Pfeiffer Partners stood out as a firm that excelled at creativity and communication, with strong project management skills, and with an extensive portfolio of completed performing arts projects across the country.

Current Consideration:
Staff recommends approval of the agreement with Pfeiffer Partners for architectural design services for the Estancia High School Theater Complex.

Approved by:
Holcomb/Zareczny
Board Agenda
January 15, 2019
Attachments:
Pfeiffer - Agreement
Pfeiffer Partners - Proposal
17.b. Approve Optional Board Committee Appointments
Recommended Motion:
It is recommended that the Board of Education appoint Board members to attend the various optional committee/organizational meetings.
Financial Impact:
No Fiscal Impact
Comments:
Background:
At the annual organizational meeting on December 11, 2018, the Board of Education decided to postpone the approval of the appointment of Board representatives to the optional committees to the January meeting.

Current Consideration:
The Board of Education will appoint representatives to attend the following optional committee/organizational meetings. Noted in the parenthesis below, the Board members self-selected meetings they were interested in attending: 

City of Newport Beach Youth Council, 2019 (Yelsey)
Costa Mesa Chamber Education Committee, 2019 (Anderson, Metoyer)
Costa Mesa Youth Sports Council, 2019 (Metoyer, Snell)
Legislative Representative, 2019 (Barto, Anderson-Alt)
NMUSD Visual & Performing Arts Committee, 2019 (Metoyer)
Newport Harbor Chamber Education Committee - Currently Inactivated by the Chamber, 2019 (Barto)
Newport Mesa Schools Foundation, 2019 (Anderson, Snell)
NMUSD Board Policy Review Team, 2019 (Anderson, Metoyer, Snell)
Political Action Rep to Orange County School Board Association (PAGE), 2019 (Anderson, Barto, Metoyer)
NMUSD Wellness Advisory Committee, 2019 (Anderson)

Approved by:
Navarro/Snyder
Board Agenda
January 15, 2019

Attachments:
Self-Selection-Optional Committees
18. Community Input on Non-Agenda Items
18.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:
This is an opportunity for the public to address non-agenda topics within the subject matter jurisdiction of the Board. Per BB 9323, each individual speaker will have 3 minutes, speakers may not cede unused minutes to other speakers, and there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. In compliance with Board Policy and the Ralph M. Brown Act, the Board is not permitted to take action on non-agenda items.

When addressing the Board, it is helpful if you state your name and address for the video record.

19. Board Member Reports
20. Board of Education Committee Reports(Mandatory: None; Optional: CM Youth Sports Council(1/9), Newport Mesa Schools Foundation(1/10), NB City Youth Council(1/15))
21. Informal Reports
21.a. Superintendent
21.b. Deputy/Assistant Superintendents and Executive Directors
22. Adjournment

Published: January 11, 2019, 3:23 PM

The resubmit was successful.