banner

Regular Meeting of the Board of Education
Newport-Mesa USD
August 27, 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. Public Employee Evaluation: Title - Superintendent (Pursuant to Government Code Section 54957)
3.b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: 1 case
3.c. Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1) - Case No. LA-CE-6414-E
3.d. 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 submitted.

9. Adoption of Minutes
9.a. Adopt the Minutes of 07-16-19 and 8-13-19
Recommended Motion:

It is recommended that the Board of Education adopt the minutes of the 07-16-19 regular and 08-13-19 special closed session meetings as submitted.


Attachments:
07-16-19 Minutes
08-13-19 Special Closed Session Minutes
10. Introduction of New Staff
11. Report
11.a. Report on School and Workplace Safety
Recommended Motion:

Report Only - No Recommendation

Comments:

The safety of all students and employees in the Newport Mesa Unified School District is an ongoing top priority for District Staff.  Russell Lee-Sung, Deputy Superintendent and Phil D'Agostino, Administrative  Director of Student Services, will provide an update on school and workplace safety.

Approved by
Lee-Sung
Board Agenda
August 27, 2019



12. Informal Reports
12.a. Superintendent
12.b. Deputy/Assistant Superintendents and Executive Directors
13. Community Input on Action Items
13.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.

14. Superintendent Report
15. Consent Calendar
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.
15.a. Business Services
15.a.1. Ratify Award of Bid #112-19 As Needed Transportation
Recommended Motion:
It is recommended that the Board of Education ratify the award of Bid #112-19 As Needed Transportation to the lowest qualified and responsive bidders.
Financial Impact:
General Fund, Transportation - Total 2019-20 cost estimate is $300,000.
Comments:
Background:
On June 25, 2019, the Board of Education authorized the Assistant Superintendent, Chief Operating Officer, to advertise and award Bid #112-19 As Needed Transportation (Charter Bus Services) to the lowest qualified bidder. Advertisements were published on June 27, 2019 and July 4, 2019.

The district received eight (8) bids and conducted the bid opening on July 25, 2019. The lowest qualified and responsive bidder was determined by line item. The contracts have been awarded and are now being brought to the Board of Education for ratification to enter the award into the public record.

School Bus:
Item 1A and 1B - JFK Transportation
Item 2A - JFK Transportation
Item 3A - MST/Mission School Transportation
Item 3B - Certified Transportation
Item 4 with exception to 43 passenger wheel/chair accessible bus Idyllwild - Certified Transportation
Item 4 43 passenger wheel/chair accessible bus Idyllwild -  MST/Mission School Transportation
Item 5 - Certified Transportation
Item 6 - Certified Transportation

Coach Bus:
Item 1A - BestVIP
Item 1B - Hot Dogger/Gold Coast
Item 2A - Best VIP
Item 2B - Hot Dogger/Gold Coast
Item 3A - BestVIP
Item 3B - Hot Dogger/Gold Coast
Item 4 (46-50 passenger) Lower - Certified Transportation
Item 4 (46-50 passenger) Middle, Upper, Idyllwild - Hot Dogger/Gold Coast
Item 4 (50 or more passenger) Lower, Middle, Upper, Idyllwild - Hot Dogger/Gold Coast
Item 4 (43 passenger wheelchair accessible bus) Lower, Middle, Upper, Idyllwild - Hot Dogger/Gold Coast
Item 5 - Hot Dogger/Gold Coast
Item 6 - Hot Dogger/Gold Coast

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
August 27, 2019
15.a.2. Ratify Award of Bid #118-18 for Sports Fields at Corona del Mar High School
Recommended Motion:

It is recommended that the Board of Education ratify the award of Bid #118-18 for Sports Fields at Corona del Mar High School to TELACU Construction Management.


Financial Impact:
Special Reserve Fund for capital outlay projects, Facilities: $7,205,000
Comments:
Background:
On March 12, 2019 the Board of Education authorized the Assistant Superintendent, Chief Operating Officer to advertise and award Bid #118-18 Sports Fields Project at Corona del Mar High School to the lowest qualified bidder. Advertisements were published on May 3, 2019 and May 10, 2019.

The district received seven (7) bids and conducted the bid opening on June 6, 2019. The lowest qualified and responsive bidder was determined to be TELACU Construction Management with a base bid and add/alternate 1 of $7,205,000.  Total project budget is $14,600,000.  The contract has been awarded and is now being brought to the Board of Education for ratification to enter the award into the public record.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
August 27, 2019
Attachments:
Telacu Construction Agreement
15.a.3. Ratify Agreement with Studio+ Architecture for Consulting Services to Determine District Standard for Security Access Control Technology, Phase One
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Studio+ Architecture for consulting services to determine a district standard for security access control technology, phase one.
Financial Impact:
General Fund, Routine Restricted Maintenance - Not to Exceed $10,730.
Comments:
Background:
The district is in the process of improving site security through the installation of security fencing and access controls. Technology is available that can improve the function of these security improvements, including electronic access control, surveillance systems and intrusion detection systems. In an effort to improve security at district facilities and to implement modern technology, staff would like to adopt a standard for current and future projects. This will minimize the number of distinctly different systems for ease of operations and efficiency.

Public Contract Code section 3400 restricts public agencies from issuing a proprietary specification in its bids that limits bidders to a single project except under certain conditions.  These exceptions include testing potential proprietary products for suitability, match other products that are currently in use or will be in use, obtain an item that is only available from a single source, or in response to a declared emergency.

The district will be installing security devices at all campuses as part of its ongoing effort to modernize school security.  This standardization process will engage stakeholders in order to determine the most suitable devices for the district to incorporate into current and future projects.  Phase one will determine how the process will be orchestrated, identify potential vendors, and establish criteria in order to make this determination.

Phase Two of this process will include the final selection of vendors and equipment and will result in a resolution to the Board to formally adopt a district standard.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
August 27, 2019
Attachments:
Svc Agreement StudioPlus - Site Access Standardization
15.a.4. Ratify Agreement with VER Sales, Inc. for the Development of a Fall Protection and Rescue Program
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with VER Sales, Inc. for the development of a fall protection and rescue program.
Financial Impact:
General Fund, Routine Restricted Maintenance - Not to Exceed $1,800
Comments:
Background:
The Maintenance Department is updating the Injury and Illness Prevention Plan sections related to the department’s needs, including fall protection safety. VER Sales provides professional expertise in making recommendations to institutions for the development of OSHA compliant fall protection plans, including recommendations for safe access to roofs for the performance of maintenance work.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Bidnick
Board Agenda
August 27, 2019

Attachments:
Svc Agreement - VER Sales for Fall Protection & Rescue Pgm
15.a.5. Ratify Agreement with Rodriguez Engineering, Inc. to Provide Various Structural Engineering Services Throughout the District
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Rodriguez Engineering, Inc. to provide various structural engineering services throughout the district from 8/1/19 through 6/30/20.
Financial Impact:
Maintenance & Operations - Not to Exceed $15,000
Comments:
Background:
An engineering firm is required, on an as-needed basis, for various projects throughout the district to provide structural engineering services. This would include coordination with the district for design parameters, visiting specific project sites, reviewing as-built record structural drawings, and preparing structural notes, plans and details.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Bidnick
Board Agenda
August 27, 2019
Attachments:
Svc Agreement Rodriguez Engr for Structural Engr 8-27-19
15.a.6. Ratify Agreement with Studio+ Architecture for Installation Design Services for Digital Marquees at Various Sites
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Studio+ Architecture for installation design services for digital marquees at various sites.
Financial Impact:
General Fund, Routine Restricted Maintenance - Not to Exceed $39,600
Comments:
Background:
Studio+ Architecture will provide designs and specifications for the installation of digital marquees at eight schools for the 2019/20 school year. The schools include: California, College Park, Davis, Eastbluff, Killybrooke, Rea, Sonora and Whittier. Studio+ Architecture has provided a proposal of their services that includes all design documentation, construction administration, and closeout.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
August 27, 2019
Attachments:
Service Agreement - StudioPlus for Marquees 08-27-19
15.a.7. Ratify Agreement with Bergman Dacey Goldsmith for Legal Services Regarding Construction Programs and Related Matters
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Bergman Dacey Goldsmith for legal services regarding construction programs and related matters.
Financial Impact:
Business Services, General Fund - Not to exceed $50,000. Fees are based on the following hourly rates:

Shareholders/Of Counsel: $275/hour
Associates: $250/hour
Paralegals/Law Clerks: $115/hour
Document Management Director: $85/hour
Comments:
Background:
The Board of Education has approved ongoing agreements with Bergman Dacey Goldsmith (BDG) since 2006 for legal services related to the Measure F program and the district's various capital outlay projects. 

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
August 27, 2019

Attachments:
Agreement with Bergman Dacey Goldsmith 08-27-2019
15.a.8. Ratify Agreement with Blattner & Associates for Legislative Advisory and Advocacy Services
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Blattner & Associates for legislative advisory services for a three-year term, from July 1, 2019 through June 30, 2022.
Financial Impact:
General Fund, Business Services - Not to exceed $19,720 annually
Comments:
Background:
Blattner & Associates has annually provided state regulatory, budgetary, and legislative services for the district and is uniquely qualified to provide the consulting services the district requires on these matters.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
August 27, 2019 
Attachments:
Agreement with Blattner & Associates - 3-year term 08-27-2019
15.a.9. Ratify Agreement with All City Management Services for Crossing Guard Services at Newport Coast Elementary School for 2019/20 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with All City Management Services for Crossing Guard Services at Newport Coast Elementary School for the 2019/20 school year.
Financial Impact:
Newport Coast Elementary School Foundation - Not to Exceed $16,539 for an estimated 720 service hours
Comments:
Background:
The unique challenges of the Newport Coast Elementary School site have caused the City of Newport Beach and the district to initiate special traffic patterns for cars and buses during drop-off and pick-up periods of the school day. The Newport Coast Elementary School Foundation has offered to pay for the annual cost of the crossing guard to help relieve traffic congestion and promote student safety. All City Management Services has provided these services since 2005.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
August 27, 2019
Attachments:
All City Mgmt Svcs Agreement - Crossing Guards 08-27-19
Newport Coast Foundation Commitment Letter - Crossing Guard 2019-20
15.a.10. Ratify Agreement with Parker and Covert, LLP for Legal Services Pertaining to Public Education Support Services
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Park and Covert, LLP for the provision of legal services pertaining to public education support services for a two-year term from July 1, 2019 through June 30, 2021.
Financial Impact:
Various district accounts including: Board of Education, Superintendent, Human Resources, Education/Student Services, Special Education and Business Services. Total budget - Not to exceed $500,000 annually

Rates for 7/1/2019 to 6/30/2020:
Partners -  $280 per hour
Associates -  $240 per hour
Law Clerks/Paralegals:  $145 per hour

Rates for 7/1/2020 to 6/30/2021:
Partners -  $290 per hour
Associates -  $240 per hour
Law Clerks/Paralegals -  $145 per hour
Comments:
Background:
On June 13, 2017 the Board of Education approved a two-year agreement with the law firm of Parker & Covert, LLP to provide a full complement of legal services pertaining to public education. The new two-year agreement will continue these services through June 30, 2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
August 27, 2019


Attachments:
Agreement with Parker & Covert LLP two-year term 08-27-2019
15.a.11. Ratify Agreement with GuardPower Security Services Incorporated for Board Meeting Security Services
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with GuardPower Security Services Incorporated for board meeting security for the period of July 1, 2019 through June 30, 2020.
Financial Impact:
General Fund - Budgeted for $9,750
Comments:
Background:
The district requires additional security services for Board of Education meetings. California Government Code §53060 authorizes the district to contract with professional service organizations that are specifically trained, experienced, and competent to perform these special services. GuardPower Security Services, Inc. has agreed to provide one (1) security officer at each board meeting as requested by the district.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
August 27, 2019
Attachments:
Service Agreement - GuardPower Security Svcs 08-27-19
15.a.12. Ratify Agreement with ADvTECH Environmental, Inc. for Groundwater Monitoring Program and Technical Support Services Required for Groundwater Remediation System
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with ADvTECH Environmental, Inc. for groundwater monitoring program and technical support services required for groundwater remediation system from July 1, 2019 through June 30, 2020.
Financial Impact:
General Fund: Maintenance & Operations - Not to Exceed $106,150
Comments:
Background:
Recent site water-quality data from the soil remediation system that expands south of the district office property, has shown effective containment and reduction of contaminated soil and groundwater from previous years. After over twelve years of on-going remediation, many wells throughout the site have revealed low to non-detectable concentration levels of contamination. This progress advances the district closer to reaching closure objectives for the site.

ADvTECH Environmental, Inc., who has been the district’s consultant for this process, submitted a request to the Orange County Health Care Agency (OCHCA) to modify and effectively reduce those requirements. ADvTECH has agreed to continue with the Groundwater Monitoring Program and Technical Support Services that is required for this groundwater remediation system.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Bidnick/Ramseyer
Board Agenda
August 27, 2019
Attachments:
Service Agreement - ADvTech Environmental 08-27-19
15.a.13. Ratify Agreement With Utility Management Services for Energy Manager Database Updating of New District-Wide Utility Billing Accounts
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Utility Management Services (UMS) for Energy Manager Database Updating of new district-wide utility billing accounts.
Financial Impact:
General Fund, Maintenance and Operations - Not to exceed $5,500
Comments:
Background:
As the district's energy program continues to evolve, it is desirable to have new utility data available to each site so they can understand and track their site's usage.  UMS will add new billing information covering the past 15 months of data for electric, solar production, solar production credits, gas, water, and sewage accounts. Staff can then run tracking reports and disseminate this information to each of the sites for their review.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
August 27, 2019
Attachments:
Service Agreement - Utility Mgmt Svcs 08-27-19
15.a.14. Approve Amendment #12 to the Lease Agreement with YMCA of Orange County at Davis Magnet School
Recommended Motion:
It is recommended that the Board of Education approve Amendment #12 to the lease agreement with YMCA of Orange County at Davis Magnet School, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
General Fund, Leases and Rent Revenue: Rent is $319.18/mo. Utilities are $179.56/mo. The lease rate and utilities will increase annually, using the March CPI-U (Consumer Price Index for Urban Consumers).
Comments:
Background:
The YMCA of Orange County currently leases space at Davis Magnet School and the term of the lease ended June 30, 2019. The YMCA of Orange County desires an extension of the lease for an additional three years, starting September 1, 2019 and ending June 30, 2022.  This lease does not include the months of July and August each year due to other uses of the property during the Orange County Fair.

Pursuant to the lease, rates and utilities are to be increased as of July 1st, according to the March CPI-U, for each respective year for the term of the lease.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
August 27, 2019
Attachments:
Amendment #12 of YMCA Lease Agreement 08-27-19
15.a.15. Authorize Award of Bid No. 114-19 Estancia High School Aquatic Center Project - Increment 2
Recommended Motion:
It is recommended that the Board of Education authorize the Assistant Superintendent, Chief Operating Officer to award Bid No. 114-19 Estancia High School Aquatic Center Project - Increment 2.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities: $1,360,000
Comments:
Background:
Estancia High School Aquatic Center Project - Increment 2 scope consists of remodeling the boys and girls locker rooms, showers and team rooms in Building F, and adding two restrooms, coach’s office and access ramps in Building L.

To facilitate the award, it is recommended that the Board of Education authorize the Assistant Superintendent, Chief Operating Officer to award the bid to the lowest, responsible, qualified bidder as prescribed in Public Contract Code 10180. Subsequent contract ratification will be presented to the Board in a timely manner.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
August 27, 2019
15.a.16. Reject Claim EL-19COT022819
Recommended Motion:
It is recommended that the Board of Education reject in whole claim EL-19COT022819.
Financial Impact:
Not applicable.
Comments:
Background:
The district received a claim for damages on or about June 28, 2019. Staff recommends rejection in whole of claim EL-19COT022819 to protect the statute of limitations associated with future legal action.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
August 27, 2019
15.a.17. Approve 2018-19 Actual Pupil Attendance and Annual Report
Recommended Motion:
It is recommended that the Board of Education approve the Report on Actual Pupil Attendance and Annual Report for all regular schools in the district.
Financial Impact:
Not applicable.
Comments:
Background:
Pursuant to California Education Code Section 48342, the Governing Board is required to annually disclose to the public actual attendance rates for schools in the district. Actual pupil attendance reflects "seat time" and excludes excused/unexcused absences.

The annual attendance data reflecting actual pupil attendance for each school has been prepared for 2018-19 in accordance with current law and instructions furnished by the Superintendent of Public Instruction.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao/Espiritu
Board Agenda
August 27, 2019
Attachments:
2018-19 Actual Pupil Attendance - Memo
15.a.18. Approve Accounting Report 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 08-27-2019.
Financial Impact:
Not applicable.
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.

The Accounting Report for Business Services reflects activity for the period June 24, 2019 through August 4, 2019. All items on the report are routine.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
August 27, 2019
Attachments:
Accounting Check Register 08-27-19
Accounting Report 8-27-19
15.a.19. Approve Purchasing and Transaction Report for 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report for 08-27-19.
Financial Impact:
Various funds district-wide
Comments:
Background:
The reports are as follows:

Purchase Order Summary along with 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.
- Purchase orders covering June 29, 2019 through August 12, 2019:
Processed 1197 purchase orders totaling $82,134,582.24.

Business Trip Summary detailing business trips by employee name, organization, and funding source(s).
- Business trips submitted between June 29, 219 through August 12, 2019:
Processed 103 Travel Approval Requests.

Surplus Report listing assets that have moved or have been sent to Bear Street for liquidation and/or archiving.
- Surplus items submitted between June 28, 2019 through August 09, 2019:
Processed 176 items.

Approved by:
Holcomb/Trader
Board Agenda
August 27, 2019
Attachments:
Canceled Report 08.27.19
Change Orders Report 08.27.19
Purchase Order Detail Report 08.27.19
Purchase Orders Exceeding $10k & New Equip Rpt
Surplus Report 08.27.19
TAR Report 08.27.19
15.a.20. Approve Information Technology Maintenance and Support Software Register
Recommended Motion:
It is recommended that the Board of Education approve the Information Technology Maintenance and Support Software Register, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Information Technology General Fund - Not to exceed $146,768
Ground Operations General Fund - Not to exceed $12,000
Transportation General Fund – Not to exceed $5,777
Comments:
Background:
The district utilizes various software vendors for maintenance, support, and service products, including:
--  instructional and office productivity software (Adobe Enterprise Term Licenses from SHI),
--  email filtering (Barracuda Networks Spam Firewall Model 400 from Synegi),
--  secure remote access (Barracuda Networks Model 680 SSL-VPN from Synegi and DigiCert Multi-Doman SSL from DigiCert),
-- library and textbook management (Destiny Resource Management Solution from Follett School Solutions, Inc.),
--  technical support (Microsoft Professional Support 5-Pack from Microsoft),
--  developer productivity tools (TOAD for SQL from DLT Solutions, Inc.),
--  computer account creation and password reset (Tools4ever from Advanced Toolware),
--  educational software (TypingClub from EdClub, Inc. and Wixie from Tech4Learning),
--  network infrastructure (VMWare from Sehi Computer Products, Inc.),
--  programming district irrigation controllers (iCentral Service from The Toro Company),
--  inventory management (Fleetsoft),
--  engine diagnostic software (Insite Pro from Cummins Sales and Service and Service Advisor from Western Power Products Inc.), and
-- online technical repair manuals (ProDemand from Mitchell1).

The annual maintenance and support software products vary in renewal start- and end-dates; however, all are considered routine renewals.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Babovic
Board Agenda
August 27, 2019
Attachments:
Grounds Operations Supporting Quote 08-27-19
Information Technology Supporting Quotes 08-27-19
IT Maint & Support Software Register 08-27-2019
Transportation Supporting Quotes 08-27-19
15.a.21. Approve Gift Register 08-27-2019
Recommended Motion:
It is recommended that the Board of Education approve Gift Register 08-27-2019.
Financial Impact:
Enhances the district's financial capabilities by the amount of the gifts.
Comments:
Background:
The Board of Education encourages and greatly appreciates suitable gifts that directly or indirectly enhance its financial ability to provide equal educational opportunities for all district students. Pursuant to Board Policy 3290, to ensure that donations enhance and do not impair the district's financial capabilities, before accepting the gift the Board shall consider whether the gift:

1. Has a purpose consistent with the district's vision and philosophy;
2. Begins a program that the district would be unable to continue when the donated funds are exhausted;
3. Places restrictions on the school program;
4. Entails undesirable or excessive costs;
5. Implies endorsement of any business or product.

Once donations are approved by the Board, letters of acknowledgement are sent to the donors.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
August 27, 2019
Attachments:
Gift Register 08-27-2019
15.b. Education Services
15.b.1. Ratify the Agreement with the Anti-Defamation League (ADL) for the Newport-Mesa Unified School District Leadership Advance Presentation
Recommended Motion:

It is recommended that the Board of Education ratify the Agreement with the Anti-Defamation League (ADL) for the Newport-Mesa Unified School District Leadership Advance presentation.

Financial Impact:
Item is budgeted, not to exceed three thousand dollars ($3,000). Each session will be $1,500 x 2 sessions = $3,000.
Comments:

Background:

Established in 1913. the Anti-Defamation League (ADL) is the leading anti-hate organization. ADL is a global leader in exposing extremism and delivering anti-bias education. ADL's ultimate goal is a world in which no group or individual suffers from bias, discrimination or hate.

ADL Programs were developed to create respectful, inclusive and civil environments. These goals also reflect their core values. These programs are delivered locally and globally, inside and outside the classrooms, serving diverse populations. ADL works with a variety of partners, including schools, law enforcement agencies and interfaith groups; and offers ADL-authored curricula, online resources and in-person trainings.

Current Consideration

ADL will provide a presentation entitled "Becoming an Ally" at the Newport-Mesa Unified School District (NMUSD) Leadership Advance on August 12, 2019. This presentation will provide staff with information to create a respectful, inclusive and safe learning environment and community.

Approved by:
Drake/Bauermeister
Board Agenda
August 27, 2019

Attachments:
ADL_Becoming An Ally_NMUSD_8.12.19
15.b.2. Ratify the Agreement with the Orange County Department of Education (OCDE) for Professional Development Services at Ensign Intermediate School
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with the Orange County Department of Education (OCDE) for Professional Development Services at Ensign Intermediate School.
Financial Impact:
Item is budgeted, not to exceed three hundred dollars ($300).
Comments:

Background:

Newport-Mesa Unified School District presently contracts with the Orange County Department of Education (OCDE) to provide professional development training to staff.

Current Consideration:

OCDE will provide the Ensign Intermediate History/Social Studies teachers with professional development. Participants will identify content appropriate for inquiry aligned to reading and writing tasks, will write supporting questions for investigation based upon a compelling question, will analyze and develop inquiry-based lessons to allow students to make claims and substantiate claims with evidence, as well as, discuss and debate claims with evidence. Following this training, teachers will develop inquiry-based lessons.

This agreement is effective on August 26, 2019, only.

Approved by:
Drake/Bauermeister/Sciacca
Board Agenda
August 27, 2019

Attachments:
OCDE_Agreement_Ensign
15.b.3. Ratify the Purchase of GoReact Service for Use by Elementary Math Fellows for the 2019/20 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the purchase of GoReact for use by elementary math fellows for the 2019/20 school year.
Financial Impact:
Budgeted; not to exceed $9,248.15
Comments:

Background:
GoReact is an online resource for teachers to upload video of themselves teaching for the purpose of professional learning and collaboration with colleagues. GoReact accounts provide an annual license for teachers to upload unlimited videos of classroom instruction. Account holders may create teams to view videos and provide feedback. Videos may be uploaded from any video recording device (phone, webcam, digital camera, etc.), and the GoReact mobile application is included in the license. GoReact does not store student data.

Current Consideration:
The 185 GoReact licenses will be used with participants of NMUSD's Cognitively Guided Instruction (CGI) training in grades K-5 during the 2019-2020 school year. CGI participants will be able to view teaching videos, add comments, ask questions, and respond to feedback from the CGI trainer through GoReact's online platform. Additionally, as participants in CGI training, K-5 teachers will analyze pedagogy and provide feedback to each other in a collaborative effort to improve the ways teachers respond to student thinking during classroom instruction.

The first CGI trainings for the 2019/20 school year were held on August 15 & 16 where GoReact was introduced and used. 

Approved
Drake/Del Real
Board Agenda
August 27, 2019

Attachments:
GoReact Proposal
15.b.4. Ratify Addendum #1 for LearnZillion for Digital Resources for Math I, II and III Math Pilot with Illustrative Math
Recommended Motion:
It is recommended that the Board of Education ratify Addendum #1 for LearnZillion for Digital Resources for Math I, II and III Math Pilot with Illustrative Math.
Financial Impact:
Budgeted: not to exceed $65,604.00
Comments:

Background:
LearnZillion has been used for one year as an instructional resource for Illustrative Math lessons in grades 6-8. LearnZillion is a digital platform for teachers and students to access Illustrative Math lesson presentations and assignments. The content of the digital lesson presentations is the same as the lesson content in the printed material for students and teachers. As a digital platform, the LearnZillion presentation slides provide teachers with each lesson already created which allows teachers to spend more time planning and preparing for students to co-construct their understanding of math concepts through student-to-student dialogue.

Current Consideration:
For the 2019-2020 school year, Math I, II, & III courses will be piloting Illustrative Math as the instructional program. During the 2019-2020 program evaluation year for Illustrative Math, LearnZillion will provide high school teachers the same digital access to resources for lesson presentations and assignments their grades 6-8 colleagues use at the middle school level. Digital presentations will be available for each lesson within the instructional units, and teachers will be able to assign tasks for students to demonstrate their understanding within the digital platform.

California Student Data Privacy Agreement is on file.

Approved by
Drake/Del Real
Board Agenda
August 27, 2019

Attachments:
LearnZillion Math I, II and III
15.b.5. Ratify Addendum # 3 to the Agreement with LearnZillion for Professional Development for Grades 6 - 8 Math Teachers
Recommended Motion:
It is recommended that the Board of Education approve the continuing agreement with LearnZillion for Professional Development for Grades 6 - 8 math teachers
Financial Impact:
Budgeted: not to exceed $24,750.
Comments:

Background:
LearnZillion is a certified partner of Illustrative Mathematics, Newport Mesa USD adopted mathematics program for grades 6-8. As a certified Illustrative Math partner, LearnZillion provides the digital access to the adopted math program as well as professional learning opportunities for teachers. The professional learning opportunities for teachers are aligned with the vision and goals of Illustrative Mathematics, which is to provide high quality educational resources for teachers and students to know, use, and enjoy mathematics.

Current Consideration:
During the 2019-2020 school year, LearnZillion will provide training for math teachers in grades 6-8. Teachers will receive training in the 5 Practices for Orchestrating Effective Productive Math Conversations. Building on the 5 Practices, teachers will also be provided training and support in the use of Math Language Routines to create opportunities for all students to communicate their thinking and to collaboratively construct meaning during math lessons.

Approved by
Drake/Del Real
Board Agenda
August 27, 2019

Attachments:
LearnZillion Addendum #3
15.b.6. Ratify Agreement for Services with Mr. Elmer to provide Professional Development for Multi-Tiered System of Support (MTSS) and Positive Behavioral Interventions and Support (PBIS)
Recommended Motion:

It is recommended that the Board of Education ratify the Agreement for Services with Mr. Elmer to provide Professional Development for Multi-Tiered System of Support (MTSS) and Positive Behavioral Interventions and Support (PBIS) from August 4th, 2019 - August 7th, 2019.

Financial Impact:

Budgeted Item: not to exceed $12,500

Comments:

Background:

We currently use a software developed by Mr. Elmer called Intervention Compass. It is a web-based software that assists school sites with the management and implementation of their intervention programs. The software consolidates multiple silos of data and gives intervention teams an additional tool to make decisions based on data that is otherwise difficult to get. Currently this is a tool that allows for direct and strategic action to be taken at the "student desk". Intervention Compass is not only an academic tool, but it is also a tremendous tool for behavioral and social emotional intervention. Mr. Elmer is offering us a customized professional development workshop that will allow us to use the software more effectively. 

Current Consideration:

Beginning on August 4, 2019 through August 7, 2019, the professional development provided by Mr. Elmer will include members of the Education Division, Student Services, Special Education and representative principals from elementary, middle, and high schools. The goal of the professional development is to consider the current state of our Multi-Tiered System of Support (MTSS) and learn the skills necessary to create an effective ideal MTSS process using the software, Intervention Compass by Mr. Elmer. A key take-away from the workshop will be a unified plan to provide the most strategic support possible to the sites regarding the behavioral and social-emotional well-being of our students.

Approved by
Drake/Knights
Board Agenda
August 27, 2019




Attachments:
Mr. Elmer Workshop Proposal
15.b.7. Approve Agreement Number 12036 with the Orange County Superintendent of Schools for Participation in the Inside the Outdoors Field Program and School Program for the 2019-20 School Year
Recommended Motion:

It is recommended that the Board of Education approve agreement number 12036 with the Orange County Superintendent of Schools for participation in the Inside the Outdoors Field Program and School Program for the 2019-20 school year.

Financial Impact:

The item has been budgeted. Budget area: site budgets.

Comments:

Background
The Orange County Department of Education offers a variety of science field study programs through Inside the Outdoors. The Field Program features traveling field trips to explore the wetlands, ecosystems, ecology and living history at various sites.  The School Program features Traveling Scientists who come to the school site.

Current Consideration
School sites listed in Exhibit "A" of the agreement have elected to participate in the Inside the Outdoors Field and/or School Programs. The program offerings, as outlined in Exhibit "B", support California state standards, including Science and/or Social Science content standards. Schools make every effort to acquire the financial support from fund-raising efforts, parents and the community to assist those pupils who are unable to pay.  No student is denied the opportunity to participate in the program because of the inability to pay.

Approved by
Drake/Suhr
Board Agenda
August 27, 2019





Attachments:
Inside the Outdoors 2019-20
15.b.8. Approve Irvine Ranch, High Trails, Long Beach Marine Institute and Three Oaks Outdoor Science School Contracts for 2019-20
Recommended Motion:

It is recommended that the Board of Education approve the Irvine Ranch, High Trails, Long Beach Marine Institute and Three Oaks Outdoor Science School Contracts for 2019-20.

Financial Impact:

Student fees, parents and community donations provide the funding.


Comments:

Background
Newport-Mesa schools have participated in various Outdoor Science School programs in past years.  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 away. 

Current Consideration
Students and teachers from Harbor View, Mariners, Newport El, and Newport Heights will participate in the programs offered at Irvine Ranch, High Trails, Long Beach Marine Institute and Three Oaks during the month of October 2019.

Approve by
Drake/Suhr
Board Agenda
August 27, 2019



Attachments:
High Trails_MarEl_2019-20
Irvine Ranch_HVES_2019-20
Long BeachMI_NeEl_2019-20
Three Oaks_NHEL_2019-20
15.b.9. Approve the Lexia Learning Systems Renewal for the 2019-20 School Year
Recommended Motion:

It is recommended that the Board of Education approves the Lexia Learning Systems Renewal for the 2019-20 School Year

Financial Impact:

This has been budgeted at a cost not to exceed one hundred thirty-five thousand dollars ($135,000). Budget areas: Education Services and School Sites

Comments:

Background
For the past seven years, elementary sites have been using Lexia Core5 to support foundational skills, struggling readers and English Learners. Lexia® Core5® Reading supports educators in providing differentiated literacy instruction for students of all abilities in grades Pre-K–5. Lexia’s research-proven program provides explicit, systematic, personalized learning in the six areas of reading instruction, targeting skill gaps as they emerge, and providing teachers with the data and student-specific resources they need for individual or small-group instruction.

Current Consideration
In an effort to continue to support struggling readers, schools are focusing on using Lexia and Power Up in a more targeted format with their struggling students. Because of this, we have reduced the number of licenses from unlimited to 4500. Understanding that there is still a need for this program, but also wanting to focus on the core curriculum.

The California Student Data Privacy Agreement (CSDPA) is approved and on file.

Approved by:
Drake/Mishne
Board Agenda
August 27, 2019







Attachments:
Lexia Quote
15.b.10. Approve the Agreement Renewal with BrightBytes, Inc. for the 2019-20 School Year
Recommended Motion:

It is recommended that the Board of Education approve the agreement renewal with BrightBytes, Inc. for the 2019-20 school year.



Financial Impact:
This item has been budgeted at a cost not to exceed thirty eight thousand four hundred thirty dollars ($38,430). Budget area: Education Technology


Comments:
Background
Technology is ubiquitous throughout Newport-Mesa Unified School District and its uses and applications continue to grow and evolve. As the district expands and supports different technology initiatives, it is important that we monitor and evaluate developments along the way. The Education Technology Department provides coaching, professional development, model lessons and resources to teachers and administrators. BrightBytes will help to monitor and evaluate our technology initiatives and implementation strategies to determine how effective these resources are for both educators and students

Current Consideration
BrightBytes will allow NMUSD to quickly and easily gather information on technology use by students both in school and at home. It will also pinpoint professional learning needs with regards to technology implementation. We will be able to evaluate the impact of professional learning by tracking and monitoring progress over time. BrightBytes provides the ability to capture comprehensive feedback from staff, students, and parents in order to identify key priorities. The product will help monitor technology and learning goals within NMUSD’s Local Control and Accountability Plan (LCAP) and both district-level and site-level technology plans. The terms of the agreement are effective from October 23, 2018 through June 30, 2018.

The California Student Data Privacy Agreement (CSDPA) is not required. No student data will be provided unless otherwise mutually agreed in writing pursuant to a separate Data Sharing Addendum.

Approved by
Drake/Mishne
Board Agenda
August 27, 2019


Attachments:
BrightBytes Quote
15.b.11. Approve Continuing Agreement with Turnitin, LLC for use of Turnitin and Turnitin Revision Assistant for the 2019/20 School Year
Recommended Motion:
It is recommended that the Board of Education approve licenses with Turnitin, LLC for use of Turnitin and Turnitin Revision Assistant in the Secondary Schools for the 2019/20 School Year.
Financial Impact:
The annual fee for Revision Assistant for use in all Secondary Schools is $71,605.64 and is budgeted. The cost of Turnitin FBS: Originality Checking and Feedback is $2.84 per student with a $695.00 Campus Fee per school choosing to use Turnitin for the 2019/20 school year.
Comments:

Background:
Turnitin is an anti-plagiarism service. When students write essays outside of class, they upload a copy to Turnitin which compares it against their database of essays, a database that includes every  essay previously submitted to the service as well as the many essays available on-line. Teachers receive a report that shows how much of an essay "matches" other essays. While using Turnitin does not eliminate all plagiarism, it significantly decreases it.

Turnitin Revision Assistant is a writing support service. Teachers assign writing prompts to students, who then produce their responses electronically. While the student is writing, the program allows them to request a "signal check" to receive direct and immediate feedback. This feedback is designed to promote multiple revisions/drafts from each student, teaching them about the writing process while also allowing them to produce a superior final product. Teachers are supported because students are able to receive immediate feedback and help, even if the teacher is working with another student or group. The Revision Assistant also uses algorithms and thousands of graded student work to immediately grade student writing, saving teachers time and providing valuable data at the classroom, site and district level.

Current Considerations:
Our Secondary English Language teachers have been successfully using Revision Assistant and will continue to use it in their classrooms.

Some of our Secondary Schools have chosen to use Turnitin and will continue to use the program this year.

California Student Data Privacy Agreement is on file.

Approved by:
Drake/Kawahai/Edwards
August 27, 2019

Attachments:
Revision Assistant
Turnitin
15.b.12. Approve the Continuing Consulting Agreement With the Freedom Committee of Orange County for the 2019 - 2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Consulting Agreement with the Freedom Committee of Orange County for the 2019 - 2020 school year.

Financial Impact:

Budgeted item, not to exceed eighty thousand, two hundred fifty dollars ($80,250).

Comments:

Background:

The members of the Freedom Committee of Orange County have brought the "Living History" of World War II, Korea, and Vietnam to the Newport-Mesa Unified School District Secondary Education schools for several years. Stories of Pearl Harbor, the Dieppe Raid, Battle of the Bulge, D-Day, air battles, and even experiences of being Prisoners of War told by our Veterans have enriched our students' learning experience.

Current Consideration:

This Consulting Agreement will continue the relationship with the Freedom Committee of Orange County and continue to provide learning opportunities for our secondary education students.

Approved by:

Drake/Bauermeister
Board Meeting
August 27, 2019

Attachments:
Freedom Committee_NMUSD_19-20 agreement
15.b.13. Approve Agreement with Orange County Department of Education for Acadience Reading K-6 Essential Workshop for 2019-2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the agreement with Orange County Department of Education for Acadience Reading K-6 Essential Workshop for 2019-2020 School Year.


Financial Impact:
Budgeted item not to exceed $1,200.
Comments:

Background
Acadience Reading K-6 Essential (formerly published as DIBELS Next) assesses basic early literacy skills, including those listed on the Common Core State Standards (CCSS) for English Language Arts (ELA).  It is a low stakes, General Outcome Measure designed to provide teachers with immediate feedback on student learning so they may provide adequate support for each student to successfully meet grade-level reading expectations.  As universal screening tools, Acadience Reading K-6 measures are indicators of broader skill areas signaling adequate progress in mastering the CCSS for ELA.

Current Consideration
OCDE will conduct four half-day trainings for N-MUSD intervention teachers and new teachers.  The training will focus on the purpose and use of Acadience Reading K-6 assessments and how to administer the assessments. 

Approval
Drake/Leary
Board Agenda
August 27, 2019


Attachments:
2019-20 Proposal
15.b.14. Approve Agreement for SOLIDWORKS Educational Network Subscription Renewal
Recommended Motion:

It is recommended that the Board of Education approve the network subscription renewal #223616 that is between Newport-Mesa Unified School District and GoEngineer for a one year service renewal that expires on July 31, 2020 to be used at Estancia, Costa Mesa  and Corona del Mar High Schools.

Financial Impact:

Budgeted Area - Perkins Grant $6,000.00

Comments:

Background:
Newport-Mesa Unified School District and GoEngineer have partnered together to provide education software for the students in their Career Technical classes.

Current Consideration:
To maintain the continuance of access to the software that is used by the students during the 2019-20 school year.

Student data privacy will be protected with a parent/guardian consent form.

Approved:
Drake/Vossen
Board Agenda
August 27, 2019



Attachments:
Solidworks
15.b.15. Approve the Subscription Renewal for Atlas Language Services, Inc. for Application-Based and Call-In Interpretation for Newport-Mesa Unified School District Schools for the 2019 - 2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the subscription renewal for Atlas Language Services, Inc. for application-based and call-in interpretation for Newport-Mesa Unified School District Schools for the 2019 - 2020 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
August 27, 2019

Attachments:
Atlas
15.b.16. Approve the Subscription Renewal of CodeHS, Inc. for Newport Harbor High School for the 2019 - 2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the subscription renewal of CodeHS, Inc. for Newport Harbor High School for the 2019 - 2020 school year.

Financial Impact:
Item has been budgeted; not to exceed seven thousand, eight dollars ($7,800).
Comments:

Background:

CodeHS, Inc. is a comprehensive teaching platform for helping schools teach Computer Science. CodeHS provides web-based curriculum, teacher tools and resources, and professional development. The CodeHS Program helps schools build and strengthen their Computer Science program by providing everything they need to teach programming. CodeHS offers professional development to train new teachers, to curriculum for intro to Computer Science through AP Computer Science, to the tools, resources, and support that teachers need to be successful in the classroom.

Current Consideration:

Newport Harbor High School will use the CodeHS Program in their Computer Science and AP Computer Science courses for the 2019 - 2020 school year.

The California Student Data Privacy Agreement (CSDPA) has been signed by the vendor and is attached to this Board item.

Approved by:
Drake/Bauermeister/Boulton
August 27, 2019

Attachments:
CSDPA_CodeHS_NHHS
NHHS_CodeHS_19-20
15.b.17. Approve the Purchase of ManageBac, Inc. for Use at Newport Harbor High School for their International Baccalaureate (IB) Program for the 2019 - 2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the purchase of ManageBac, Inc. for use at Newport Harbor High School for their International Baccalaureate (IB) Program for the 2019 - 2020 school year.

Financial Impact:
Item is budgeted, not to exceed one thousand, five hundred and fifteen dollars ($1,515).
Comments:

Background:
Founded in 2006, ManageBac, Inc. provides a Curriculum First Learning Platform for the world's leading international schools. ManageBac is a cloud-based planning, assessment and reporting platform for the International Baccalaureate (IB) continuum.

Current Consideration:
The ManageBac software will be used by the Newport Harbor High School International Baccalaureate (IB) students to enable them to keep track of their progression towards their IB continuum. ManageBac will be used by coordinators, teachers, students and parents. Coordinators and teachers will have access to collaborative unit planning, pre-built report card templates for international curricula, vertical and horizontal curriculum planners, whole school curriculum mapping and analytics, automated exam registration; and assessment tasks, message boards, and grade books. Students and parents are able to access course information such as unit planners, assignments, and grades.

A California Student Data Privacy Act (CSDPA) has been signed by vendor and is attached to this Board item.

Approved by:
Drake/Bauermeister/Boulton
Board Agenda
August 27, 2019

Attachments:
ManageBac_NHHS_CSDPA
NHHS_ManageBac_19-20_invoice
15.b.18. Approve United States Department of Agriculture Fresh Fruit and Vegetable Program Grant Award
Recommended Motion:
It is recommended that the Board of Education approve the 2019-20 United States Department of Agriculture Fresh Fruit and Vegetable Program Grant Award.
Financial Impact:
The first allocation of the grant award is $6,420.15 for July 1, 2019 through September 30, 2019 for fresh produce, labor and supplies.  The second notification for allocation is expected in September.
Comments:

Background
The Fresh Fruit and Vegetable Program (FFVP) is a reimbursement grant program that the Unified States Department of Agriculture (USDA) administers at the federal level.  At the State level, the California Department of Education (CDE) Nutrition Services Division (NSD) administers the FFVP and selects schools to receive a yearlong grant to implement the program.  The purpose of this federal assistance program is to provide an additional free fruit or vegetable snack to students during the school day and to teach students about good nutrition.  This will be the eleventh consecutive year that Newport-Mesa has been awarded funds under this program for use at Rea and Whittier Elementary Schools.

Current Consideration
The Fresh Fruit and Vegetable grant award will enable the Nutrition Services Department to provide fresh fruit and vegetable snacks and nutrition education for students at recess and in the classroom at the selected schools.

Approved by
Drake/Ellis
Board Meeting
August 27, 2019


Attachments:
FFVP Grant Award Notification 2019 1st Allocation
15.b.19. Approve Nutri-Link Technologies Nutri-Apps Online Application Processing System and Nutri-Match Direct Certification Matching Utility Annual Software Maintenance Fee for 2019-2020
Recommended Motion:
It is recommended that the Board of Education approve Nutri-Link Technologies Annual Software Maintenance fee for Nutri-Apps online application processing and Nutri-Match Direct Certification Matching Utility for 2019-2020.
Financial Impact:
Routine Budget impact to Cafeteria Fund.
Comments:

Background
Nutri-Link technologies provides an online free and reduced price meal application program for the Nutrition Services Department.  This program allows parents and guardians the convenience of applying for National School Breakfast and Lunch Program meal benefits online. 

Direct Certification (DC) is the federally mandated process that School Nutrition Program sponsors must use to certify school-age recipients of CalFresh and CalWORK's benefits as eligible for free school meals without further application.  Nutrition Services receives Direct Certification information by using the California Department of Education's Longitudinal Pupil Achievement Date System (CALPADS).  Nutri-Match software automates the process of matching DC eligible students.

Current Consideration
The Nutri-Link Technologies Nutri-Apps and Nutri-Match annual software maintenance fee includes support for one year.  The term is effective July 1, 2019 through June 30, 2020 for a total sum not-to-exceed four thousand, one hundred, thirty dollars ($4,130).

The California Student Data Privacy Agreement Exhibit "E" is attached for approval.

Approved by
Drake/Ellis
Board Meeting
August 27, 2019


Attachments:
NutriLink Exhibit E
NutriLink Invoice
15.b.20. Approve Heartland Payment Systems Annual Software License and Renewal Fees for 2019-2020
Recommended Motion:
It is recommended that the Board of Education approve Heartland Payment Systems Annual Software License and Renewal Fees for 2019-2020.
Financial Impact:
Routine budget impact to Cafeteria Fund.
Comments:

Background
Heartland Payment System provides NUTRIkids Software which automates menu planning, school site and back office meal counting and claiming, and free and reduced meal application processing for the Nutrition Services Department.

Current Considerations
The Heartland Payment Systems annual software license and renewal fees are effective August 1, 2019 through July 31, 2020 for a total sum of $11, 877.

California Student Data Privacy Agreement is on file.

Approved by
Drake/Ellis
Board Meeting
August 27, 2019 


Attachments:
Heartland Software License and Renewal 2019-2020
15.b.21. Approve ISITE Software School Nutrition Website Hosting Service Renewal for 2019-2020
Recommended Motion:
It is recommended that the Board of Education approve the ISITE Software School Nutrition Website Hosting Service renewal for 2019-2010.
Financial Impact:
Routine Budget impact to Cafeteria Fund.
Comments:

Background
The School Nutrition Website provides a comprehensive portal to communicate Nutrition Services program information to students, parents and staff.  Features include on-line menus with nutrition and allergen information, a mobile menu app., automated email menus, nutrition and fitness videos, monthly newsletters and nutrition education resources.

Current Consideration
The service renewal term is effective July 1, 2019 through June 30, 2020 for total sum not to exceed nine hundred, ninety-five dollars ($995).  The renewal will provide website hosting, feature/function upgrades, quarterly content upgrades and support.

Approved by
Drake/Ellis
Board Meeting
August 27, 2019


Attachments:
ISITE Softeware Invoice for Renewal 19-20
15.b.22. Approve Competition University Software for Use at Newport Harbor High School
Recommended Motion:

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

Financial Impact:

Budgeted Area - Perkins Grant $1,145.00

Comments:

Background:
Competition University is a software that will give the students an opportunity to have resources for Distributive Education Clubs of America (DECA) research projects that include business plans, promotional plans, marketing plans, and community service campaigns that can be used in the classroom and presented at conferences.  Additionally, the software has built in assessment features and student produced written work will be assessed by the teacher, 

Current Consideration:
Competition University subscription will provide Newport Harbor High School's Business/Finance pathway a one year license for up to 125 students.  The California Student Data Privacy Agreement is included.

Approved By:
Drake/Vossen
Board Agenda
August 27, 2019

Attachments:
CSDPA - Competition University
15.b.23. Accept Williams Legislation Fourth Quarter Report for School Year 2018-19
Recommended Motion:

It is recommended that the Board of Education accept the 2018/19 Fourth Quarter Report covering the period of April 1, 2019 to June 30, 2019 in accordance with the Williams Uniform Complaint Procedures.


Financial Impact:

None

Comments:

Background
The Orange County Department of Education (OCDE) provides a quarterly report to all school districts in Orange County. California Education Code section 1240(2)(H) requires the report to be provided to the Board of Education at a regularly scheduled meeting, held in accordance with public notification requirements.

Current Consideration
The Fourth Quarter Williams Legislation Report summarizes activity for the current and previous quarter, which includes reviews conducted by the OCDE and data submitted by the school district regarding Williams Uniform Complaints. The report represents the OCDE review of teacher assignment monitoring and Uniform Complaint Procedures. These activities were conducted by the Orange County Department of Education during April, May and June 2019.

In accordance with the requirements of the Williams Uniform Complaint Procedures, the District is required to submit a quarterly report to the District and County Boards of Education. During the third quarter reporting period of April through June 2019 no complaints were filed.

Approved by
Drake/Galey
Board Agenda
August 27 , 2019 





Attachments:
2018-19 Fourth Quarter Report
15.b.24. Approve California Student Data Privacy Agreement Register 8/27/2019
Recommended Motion:

It is recommended that the Board of Education approve California Student Data Privacy Agreement Register 8/27/19



Comments:

Background
In a digital age, more information is being collected daily than ever before. Laws have been enacted to protect minor's personally identifiable information ("PII") data, including but not limited to, these statutes: AB 1584, now California Education Code Section 49073.1; Family Educational Rights and Privacy Act ("FERPA") 20 U.S.C 1232g; Children's Online Privacy Protection Act ("COPPA"), 15 U.S.C. 6501-6502; and Protection of Pupil Rights Amendment ("PPRA") 20 U.S.C 1232h.

Current Consideration
The California Student Data Privacy Agreement (CSDPA) has been reviewed by several sets of legal and subject matter experts ranging from the Federal government, private attorneys, and educators working in the data privacy field in the State of California. The Provider, by signing the "General Offer of Privacy Terms", agrees to allow other LEAs in California the opportunity to accept and enjoy the benefits of this CSDPA for the Services, without the need to negotiate terms in a separate CSDPA. Users of this document can know, with a high degree of confidence, that it meets both the requirements of Federal and California State law. District staff recommend approval of the CSDPA agreements with the vendors listed on the attached register.

Approved
Drake/Mishne
Board Agenda
August 27, 2019




Attachments:
CSDPA Register 8.27.19
15.b.25. Approve Elementary Student Travel Register 08-27-19
Recommended Motion:

It is recommended that the Board of Education approve Elementary Student Travel Register 08-27-19.

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
August 27, 2019

Attachments:
Elementary Student Travel Register 08-27-19
15.b.26. Approve Secondary School Related Travel Register 8-27-19
Recommended Motion:

It is recommended that the Board of Education approve the Secondary School Related Travel Register 8-27-19.


Financial Impact:

This item has been budgeted; routine impact.

Rationale:

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 8-27-19 is submitted for consideration.

Approved by
Drake/Sense
Board Agenda
August 27, 2019

 
Attachments:
Secondary Student Travel Register 08-27-19
15.b.27. Approve Independent Contractors' Register 8-27-19
Recommended Motion:

It is recommended that the Board of Education approve the Independent Contractors' Register 8-27-19.


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 8-27-19 is submitted for consideration.

Approved by
Drake/Sense
Board Agenda
August 27, 2019

Attachments:
Independent Contractors' Register 08-27-19
15.c. Human Resources
15.c.1. Ratify Agreement - Monjaras & Wismeyer Group Inc. - Amendment No. 11
Recommended Motion:

It is recommended that the Board of Education ratify Amendment # 11 to the agreement with Monjaras & Wismeyer Group, Inc. and the Newport-Mesa Unified School District for the period July 1, 2019 through June 30, 2020 as outlined in an amount not to exceed $20,000.00.

Financial Impact:

This item has been budgeted. 

Budget Area(s):  Workers' Compensation – Consultants

Comments:

Background:
On September 26, 2006, the Board of Education entered into an agreement with Monjaras and Wismeyer Group, Inc. to provide services which include the development of Essential Function Job Analysis and accommodation meetings for employees who are released to return to work with restrictions.  The agreement has been subsequently amended each year to extend the dates of service through the current fiscal year. 

Current Consideration:
The attached amendment provides for extension of the agreement through June 30, 2020.  Additionally, Monjaras and Wismeyer have agreed to maintain their current pricing structure.  All other terms and conditions of the original agreement remain the same.

Approved By:
Olson/Brown/Anguiano
Board Agenda
August 27, 2019

Attachments:
Agreement - Monjaras Wismeyer Group
15.c.2. Approve Settlement Agreement No. 201909HR
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement No 201909HR pursuant to the laws of the State of California.
Comments:

Background:
On July 10, 2019, a Settlement Agreement was reached in Case No. 201909HR.

Current Consideration:
Both parties wish to resolve all issues under the terms specified in the agreement.

Approved By:
Olson/Wyman
Board Agenda
August 27, 2019

15.c.3. Approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) Regarding New Employee Orientation
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) regarding new employee orientation.
Financial Impact:

This item has been budgeted.

Comments:

Background:
Assembly Bill (AB) 119 requires public agencies to provide unions with access to new employee orientation sessions. It also requires public agencies to provide unions with names and contact information of new employees in bargaining unit positions. The structure, time and manner of access are subject to negotiations. NMFT and NMUSD met several times and agreed on the attached MOU regarding employee orientations.

Current Consideration:
The MOU between NMUSD and NMFT is attached and provides for 1) District notice to NMFT of new hires, 2) new employee contact information for NMFT, and 3) access to NMFT to new employee orientations.

Approved By:
Olson
Board Agenda
August 27, 2019




Attachments:
NMFT NMUSD MOU Regarding New Employee Orientation 082719
15.c.4. Approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) Regarding Sub Release/Compensation for Preparing Harper Classrooms/Offices for Relocation
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) regarding sub release/compensation for preparing Harper classrooms/offices for relocation.
Financial Impact:

Estimated cost is $4,200.

Comments:

Background:
The District and NMFT recognize the need for NMFT bargaining unit members to prepare their classrooms/offices for relocation at the end of the 2018-2019 school year, and/or during the summer/beginning of the 2019/2020 school year. The parties recognize this will require work beyond the normal end of the school year classroom closing activities and beginning of school year opening activities.

Current Consideration:
This agreement provides for release time for teachers who prepare their classrooms for relocation through the use of a substitute teacher. If the teacher prefers, he/she may prepare the classroom during personal time and be reimbursed at the substitute rate of pay.

NMFT bargaining unit members, inclusive of non-instructional staff, will be allowed one day to prepare the classroom/office per instruction by the site administration which includes boxing of school related and personal items that must be moved in order to relocate. Substitute pay was provided to those unit members who did not utilize substitute release time by June 21, 2019.

Bargaining unit members assigned to classrooms will be allowed two additional days to unbox these items. Unit members assigned to office spaces will be allowed one additional day to prepare the new office space. Substitute release time must be used by September 27, 2019; otherwise, substitute pay will be provided.

Teachers will follow the usual substitute request process to secure a substitute. Bargaining unit members requesting to be paid the substitute rate for providing this service to the District on their own time must complete a Miscellaneous Earning Report (MER) and have it signed by the site administrator to verify the work and compensation.

This MOU does not set precedent or affect any provision of the collective bargaining agreement between NMFT and NMUSD.

A copy of the MOU is attached. It was agreed to my NMUSD and NMFT on August 2 2019, subject to final approval by the Board.

Approved By: 
Olson
August 27, 2019
Board Agenda





Attachments:
NMFT NMUSD MOU Regarding Harper Moves 082719
15.c.5. Approve Certificated Employees' Appointment/Reassignment Register 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 08-27-19.
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 08-27-19 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
August 27, 2019
Attachments:
Certificated Appointment Register 08-27-19
15.c.6. Approve Certificated Employees' Leave of Absence Register 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 08-27-19.
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 08-27-19 are requesting leaves of absence for the reasons indicated for the 2019-20 school year.

Approved By:
Olson/Garcia
Board Agenda
August 27, 2019
Attachments:
Certificated LOA Register 08-27-19
15.c.7. Approve Certificated Employees' Resignation/Termination Register 08-27-19
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 08-27-19.

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 08-27-19 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
August 27, 2019
Attachments:
Certificated Resignation Register 08-27-19
15.c.8. Approve Classified Employees' Appointment/Reassignment Register 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 08-27-19.
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 08-27-19 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
August 27, 2019

Attachments:
08-27-19 Classified Appointment Register
15.c.9. Approve Classified Employees' Leave of Absence Register 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 08-27-19.
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
August 27, 2019

Attachments:
08-27-19 Classified LOA Register
15.c.10. Approve Classified Employees' Resignation/Termination Register 08-27-19
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 08-27-19.
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
August 27, 2019

Attachments:
Classified Resignation Register 08-27-19
15.d. Student Support Services
15.d.1. Approve Ratification of Nonpublic School/Agency Contracts for 2018-2019 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the Master Contracts for these 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 are two new Master Contracts for Nonpublic Schools/Agencies for 2018-2019.

Care Youth Corporation dba Falcon Ridge Ranch

Syracuse RTC dba Elevations RTC

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

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019



15.d.2. Approve Ratification of Memorandum of Understanding with Community Health Initiative of Orange County
Recommended Motion:

It is recommended that the Board of Education approve the ratification of Memorandum of Understanding (MOU) between Newport-Mesa Unified School District (N-MUSD) and Community Health Initiative of Orange County (CHI OC).


Financial Impact:

None anticipated.


Comments:

Background:

In March 2007, N-MUSD first partnered with CHI OC to facilitate access to health insurance by uninsured students in the District.  The objectives of the MOU are to provide in person support to enroll a child or family in health insurance and social services programs, and to educate and ensure families access their benefits.  The current MOU with CHI OC expired June 30, 2019.

Current Consideration:

Since 2011, a CHI OC representative has been providing services at HOPE Clinic at a mutually acceptable schedule.  The MOU will be in effect until June 30, 2024.

Approved by:

Jocham/Grasska

Board Agenda

August 27, 2019



Attachments:
MOU Children's Health Initiative of Orange County
15.d.3. Approve Ratification of Amendment No. 2 Between Children's Hospital of Orange County and Newport-Mesa Unified School District
Recommended Motion:

It is recommended that the Board of Education approve the ratified  Amendment No. 2 between Children's Hospital of Orange County and Newport-Mesa Unified School District (N-MUSD) for a period of three years which shall terminate on June 30, 2022.



Financial Impact:

None anticipated.


Comments:

Background:

CHOC operates a mobile clinic licensed by the Department of Health Care Services.  N-MUSD has had an agreement with CHOC since October 2001 in which CHOC provides mobile health care services at various schools operated by the District.  The mobile health care services provided under this agreement are treatment of asthma care, minor medical conditions, acute and well-child physical examinations, immunizations, appropriate medical referrals for follow-up care, and writing prescriptions for medications.

Current Consideration:

The District desires that CHOC provide mobile health care services at schools operated by the District, and CHOC desires to provide such services at such locations in the Mobile Clinic.  The terms of this agreement shall be from July 1, 2019 through June 30, 2022.

Approved by:

Jocham/Grasska

Board Agenda

August 27, 2019



Attachments:
Agreement #2 with Children's Hospital Orange County
15.d.4. Approve Memorandum of Understanding Between Santa Ana Unified School District and Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approve this Memorandum of Understanding between Santa Ana Unified School District and Newport-Mesa Unified School District for the period of July 1, 2019 through June 30, 2020.
Financial Impact:

$210,000.00


Comments:

Background:

Education Code section 56195.5 authorizes districts and SELPAs to enter into contracts between school districts to provide for the education of special education students who may reside in other districts.

Current Consideration:

Pursuant to the authority established in Education Code sections 56195, 56195.1, 56195.3, and 56195.5, the Provider District may provide for the education of individual pupils in special education programs who reside in other districts or counties.  Education Code section 46600 shall apply to interdistrict attendance agreements for programs conducted pursuant to this part.

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019

Attachments:
MOU_SAUSD_NMUSD_19.20
15.d.5. Approve Nonpublic School/Agency Contracts for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Master Contracts for these 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 2019-2020 under provisions of Education Code 56565 and 56366.

Current Consideration:

There are 17 Master Contract for Nonpublic Schools/Agencies for 2019-2020.

California United Service Providers, LLC

Care Youth Corporation dba Falcon Ridge Ranch

Cornerstone Therapies

Del Sol School, Inc

Father Flanagan's Boys' Home

Heritage Schools, Inc

Innerchange Blocker, Inc dba Solacium New Haven LLC

Julie L. Appel dba PT for Kids

Kimberly J. Hiddleson dba Hiddleson Listening, Language, and Speech Center

NAPA Center

Oak Grove Institute Foundation, Inc. dba Oak Grove Center

Provo Canyon School, Inc

Rockstar Recruiting LLC dba Staff Rehab

Seneca Family of Agencies

SKY Pediatric, Inc

Syracuse dba Elevations RTC

Write Start Pediatrics

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

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019




15.d.6. Approve Payment of Attorney Fees in Case #SACV 14-00699 AG (DFMx)
Recommended Motion:
It is recommended that the Board of Education approve the United States District Court Central District of California's Order in Case #SACV 14-00699 AG (DFMx) pursuant to the laws of the State of California.
Financial Impact:

$10,000.00

Comments:

Background:

In 2013, Student filed a Due Process Complaint alleging the District failed its Child Find obligation and subsequently failed to offer Student a free appropriate public education ("FAPE") after Student suffered a traumatic brain injury.  The Office of Administrative Hearing ("OAH") ruled largely in favor of the District in 2014.  Student then appealed OAH's decision to the United States District Court Central District of California, and later to the Ninth Circuit.  Both courts upheld the decision of OAH.

Current Consideration:

On July 29, 2019, the presiding Judge of the United States District Court Central District of California ordered the District to pay Student attorney fee's in the amount of $10,000.00.

Approved by:

Jocham

Board Agenda

August 27, 2019


15.d.7. Approve Settlement Agreement #20149190
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #20149190 pursuant to the laws of the State of California.
Comments:

Background:

One August 7, 2019 a Settlement Agreement was reached in Case #20149190.  The Settlement Agreement provides Student with educational services for the 2019-2020 school year in a general education classroom. 

Current Consideration:

The Settlement Agreement includes a waiver of all claims associated with Case #20149190 through the date of Student's 2020 Annual IEP team meeting.

Approved by:

Jocham/Young

Board Agenda

August 27, 2019

15.d.8. Approve Settlement Agreement #2019070003
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #2019070003 pursuant to the laws of the State of California.
Comments:

Background:

On July 31, 2019, a Settlement Agreement was reached in Case #2019070003.  The Settlement Agreement allows Student to receive specialized academic instruction support in a general education setting.  The parties agree to conduct Student's triennial evaluation on or before December 20, 2019.

Current Consideration:

The Settlement Agreement includes a waiver of all claims associated with Case# 2019070003 through December 20, 2019.

Approved by:

Jocham/Young

Board Agenda

August 27, 2019


15.d.9. Approve Independent Contractor Service Agreement for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Master Contract for the Independent Contractor 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 Independent Contractor Service Agreements for 2019-2020 under provisions of Education Code 56365 and 56366.

Current Consideration:

There are three Independent Contractor Service Agreements for 2019-2020.

Autism Behavior Services Inc

Integrity Therapy for Kids dba The Launchpad Therapy for Kids

R Furbush Inc.

The new Service Agreements will provide services as specified on current IEP's.

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019




15.d.10. Approve Agreement 48244: Memorandum of Understanding Between NMUSD and Orange County Department of Education - Alcohol and Other Drug Prevention Program for the 2019-2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve Agreement 48244 between Newport Mesa Unified School District and Orange County Department of Education (OCDE) for their Alcohol and Other Drug Prevention Program.




Financial Impact:
None. 

Comments:

Background:

OCDE’s Alcohol and Other Drug Prevention Program is a comprehensive program that provides substance abuse prevention programming services for students, parents and school staff.  The program has three components that educate those involved in a student’s life, student, parent and staff training. 

Current Considerations:

The Alcohol and Other Drug Prevention Program will partner with the District to educate students and staff on substance abuse prevention for the 2019-2020 school year.

Approved by:

Jocham/D’Agostino

Board Agenda

August 27, 2019




Attachments:
OCDE Agreement 48244 - MOU for Alcohol and Other Drug Prevention Program
15.d.11. Approve a One-Year License Subscription for Multi-Health Systems Inc. for Special Education Assessments for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase of digital assessment instruments through Multi-Health Systems (MHS) Online Assessment Center used by school psychologists and speech-language pathologists.
Financial Impact:

Not to exceed $7,500.00.

Comments:

Background:

A leading publisher of scientifically validated assessments for more than 30 years, MHS serves clients in educational, clinical, corporate, public safety, government, military, pharmaceutical, and research settings.  Using the MHS assessment website, Psychologists and Speech Therapists  are able to electronically generate and score the various assessments that MHS offers.

Current Consideration:

This is a digital format assessment instrument.  Licenses are purchased on an as needed basis.  Licenses purchased are for the ASRS,  CDI2, CEFI, CONNERS, MASC, Ortiz PVAT, and other assessments.

This agreement provides MHS access to school psychologists and speech-language therapist for all protocols itemized above. 

The California Student Data Privacy Agreement between NMUSD and Multi-Health Systems Inc. went into effect on December 5, 2017.  This agreement is valid for 36 months from the date of full execution.

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019

Attachments:
MHS_Privacy
MHS_Quote
MHS_Terms
15.d.12. Approve a One-Year Subscription for simPODD by AssistiveWare for Special Education Students for the 2019-2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the request to purchase a one-year subscription to simPODD by AssistiveWare to be used for IEP accommodations for special education students district wide for the 2019-2020 school year.


Financial Impact:

$140.00

Comments:

Background:

simPODD is a user-friendly app that makes communication more intuitive and printing faster.  The app is designed specifically for PODD, with intuitive editing options and navigation reducing set up time from hours to minutes. 

Current Consideration:

This agreement provides a one-year subscription for the 2019-2020 school year to be used for special education students and in special education classrooms district wide.

Approved by:

Jocham/Barela

Board Agenda

August 27, 2019


Attachments:
AssistiveWare CSDPA
AssistiveWare Privacy
AssistiveWare Quote
AssistiveWare Terms
15.d.13. Approve Student Support Services Software Register
Recommended Motion:

It is recommended that the Board of Education approve the software renewal register, and authorize the Assistant Superintendent, Student Support Services execute as approved.

Financial Impact:

$105,000.00

Comments:

Background: 

The district utilizes various software vendors for support and services to students including:

Boardmaker / Tobli Dynavox

BrainPop

Conover / Oakwood Solutions

Lesson Pix

MaxScholar

My Big World / Scholastic

Pearson / Q-Global

Read & Write / Texthelp

Starfall

uPar / Don Johnson

Unique Learning Systems (ULS) / Symbol Stix / News 2 You (N2Y)

The software products vary in renewal start and end dates; however, all are considered routine renewals. 

Current Consideration:

Staff recommends approval of this motion for special education students. 

Approved by: 

Jocham/Barela

Board Agenda

August 27, 2019



Attachments:
Software Register 8.27.2019
15.e. Superintendent
15.e.1. Approve Membership - Newport Beach Chamber of Commerce
Recommended Motion:
It is recommended that the Board of Education approve payment of the 2019-2020 dues to the Newport Beach Chamber of Commerce in the amount of $440.00.
Financial Impact:
Membership in this organization is included in the budget.
Comments:

Background:
The Board of Education has maintained membership in the Newport Beach Chamber of Commerce due the District's close relationship with the business community.  The Newport Beach Chamber of Commerce also is involved in many other aspects of the community that have impact upon the school district.

Current Consideration:
The Newport Beach Chamber of Commerce has invoiced the District for renewal of membership in the amount of $440.00.  We do not pay the optional $20.00 Technology Fund fee.

Approved by:
Navarro/Snyder/Hallman
Board Agenda
August 27, 2019

Attachments:
Newport Beach Chamber of Commerce Dues 2019-2020
16. Resolution Consent Calendar
Quick Summary / Abstract:
As with the Consent Calendar, all items listed under the Resolution 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 resolutions to be discussed and/or removed from the Resolution 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 Resolution Consent Calendar.
16.a. Adopt Resolution 02-08-19 Establishment and Maintenance of District's Site Revolving Cash Funds
Recommended Motion:
It is recommended that the Board of Education adopt Resolution No. 02-08-19 Establishment and Maintenance of District's Site Revolving Cash Funds.
Financial Impact:
No Impact
Comments:
Background:
As permitted by Education Code Section 42810, the district established site revolving cash funds to enable site administrators to have a ready source of funds for purchases of an urgent nature or low dollar expenditures.  Examples of such expenditures include issuing book or material fee refunds to departing students, emergency purchases of maintenance materials and supplies, etc. Changes in personnel at various sites necessitates an authorization for site fund custodians.

Currently, as permitted by Education Code Section 42800, the district’s revolving cash fund is authorized at a fund balance of $150,000 which includes the site revolving cash funds. The site revolving cash funds represent $14,050 of the district’s funds held in cash at various sites. The remaining $135,950 is held at Farmers & Merchants Bank and is accessed through the normal check issuance process.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Sealey
Board Agenda
August 27, 2019
Attachments:
Resolution No. 02-08-19
16.b. Adopt Resolution 03-08-19 Gann Limit for 2018-19 and Estimated Gann Limit for 2019-20
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 03-08-19 "Gann" Limit specifying the district's 2018-19 appropriations limit and adopting the estimated appropriations limit for 2019-20.
Financial Impact:
Not applicable.
Comments:
Background:
In 1979, Paul Gann, co-author of Proposition 13 (1978), continued the spirit of the “taxpayer’s revolt” with his own initiative designed to limit the growth of government spending. This initiative, enacted as Proposition 4 (1979), did not require a reduction in government spending, but rather limited the growth in government spending to be no faster than the growth of population and inflation. This limit on government spending, which became known as the Gann Appropriation Limit or simply the Gann Limit, applies to not only the State of California, but also to cities, counties, and special districts, as well as to school districts and county offices of education.

The base year for Gann Limit calculations was 1978-79, the fiscal year before Proposition 4 was enacted. In each year since then, a school agency’s Gann Limit is increased for both inflation and population. Inflation for these purposes is currently the annual percentage change in California per capita personal income. And for school agencies, change in Average Daily Attendance (ADA) is used as a measurement of the change in population.

The starting point for the 2019-20 Gann Limit calculation is the district's 2018-19 Gann Limit, and then this is increased by both an inflation factor of 1.0385% and by the district’s percentage increase or decrease in ADA to arrive at the 2019-20 Gann Limit. But this calculation determines only one side of the equation, namely the amount of the current year’s overall limit. A second calculation is made to determine those revenues that are subject to the limit to ensure that a school agency is not over its limit. It is important to understand that not all revenue sources count against the district's Gann Limit. Gann Limits only constrain the appropriations from state and local tax sources, and so federal aid is excluded as well as non-taxable income, such as revenues from cafeteria sales or adult education fees. Fortunately, state law simplifies the calculation of what is subject to the district's Gann Limit. Many of the district’s revenues (i.e., categorical programs) count toward the State’s Gann Limit, not the district’s limit.

California Education Code Section 42132 specifies that district governing boards shall adopt a resolution identifying their district’s estimated appropriations limit for the current year and their actual appropriations limit for the preceding year. Within the resolution, the Board of Education is required to either declare that the district's appropriations do not exceed the limitations imposed by Proposition 4 or specify an increase to the district's appropriations limit as allowed by Government Code 7902.1.

All calculations and documentation have been prepared in accordance with applicable constitutional and statutory law.  With the closure of the books for 2018-19, it is now apparent that the district's total appropriations from local sources exceed the Gann Limit. Consequently, it is necessary to adjust the district's 2018-19 Gann limit by $15,387,886.53. There is no consequence to the district associated with this excess amount.  This amount will be reported to the State and will count towards the State's own Gann Limit.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao/Espiritu
Board Agenda
August 27, 2019
Attachments:
Gann Limit 18-19
Resolution 03-08-19 Gann Limit
16.c. Adopt Resolution 04-08-19 Authorization to Close All District Depository Accounts at HomeStreet Bank and Transfer Remaining Funds to Farmers & Merchants Bank
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 04-08-19 Authorization to Close All District Depository Accounts at HomeStreet Bank and Transfer Remaining Funds to Farmers & Merchants Bank.
Financial Impact:
No impact.
Comments:
Background:
Farmers & Merchants Bank was selected to replace HomeStreet Bank as the designated depository of funds of the Newport-Mesa Unified School District. All remaining funds held in district accounts at HomeStreet Bank should be moved to their respective accounts at Farmers & Merchants Bank before officially closing those accounts.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao
Board Agenda
August 27, 2019
Attachments:
Closure of HomeStreet Accounts
Exhibit A - Closure of HomeStreet Accounts
17. Public Hearing
17.a. Recommendation for Board of Education Public Hearing for their Personnel Commission Appointee
Recommended Motion:

It is recommended that the Board of Education hold a public hearing as required by the California Education referenced below.  Action on this item is scheduled later on the agenda.

Financial Impact:
This item has been budgeted.
Comments:

Background:
Mr. Kenneth Wayman was originally appointed to the Personnel Commission as the Board’s designee in February of 1998, and then reappointed in 2001, 2004, 2007, 2010, 2013 and 2016.

Current Consideration:
Mr. Wayman has indicated he would like to continue to serve as the Board’s designee for an eighth term.  On July 16, 2019, the Board of Education announced its intention to reappoint Mr. Wayman to the Personnel Commission for a three-year term, commencing December 1, 2019. California Education Code 45246(d) requires a public hearing to be held prior to the Commissioner’s appointment.

Approved By:
Clark
Board Agenda
August 27, 2019

18. Discussion/Action Calendar
18.a. Reappoint Board Appointee Personnel Commissioner
Recommended Motion:
It is recommended that the Board of Education take action to approve Mr. Kenneth Wayman as its appointee to the Personnel Commission.
Financial Impact:
This item has been budgeted.
Comments:

Background:
The Newport Mesa Unified School District Personnel Commission is responsible for overseeing many aspects of Human Resources for the District’s 1300 classified employees.  The Commission consists of three citizens from the school district community who are appointed for three-year terms, one member appointed by the Board of Education, one member appointed by the California School Employees' Association ("CSEA"), and one joint member appointed by the first two.  Each year, one Commissioner’s term of office expires on a rotational basis. All members of the Personnel Commission serve three (3) year staggered terms of office beginning on December 1, at 12:00 noon.  The Personnel Commissioner appointment process is defined in Education Code Sections, 45246(b) (1) and 45246(d).

Current Consideration:
On July 16, 2019, the Board of Education announced its intention to reappoint Mr. Kenneth Wayman to the Personnel Commission for a three-year term, commencing December 1, 2019 at 12:00 noon.  Mr. Wayman has indicated that he is interested in serving another three-year term if appointed.

The Board has held a public hearing to provide the public, employees, and employee organizations the opportunity to provide input regarding the qualifications of the individual who is being recommended.  It is now appropriate for the Board of Education to act to reappoint a Personnel Commissioner.

Approved By:
Clark 
Board Agenda
August 27, 2019

18.b. Approve Secondary Textbook Adoption
Recommended Motion:
It is recommended that the Board of Education approve the final adoption of the secondary textbook.
Comments:

Background:
Textbooks are submitted to the Board for approval for use in specific courses.  These submissions are originated by the teachers and are approved by the Department Chair and Principal before submission to the Director of K-12 Curriculum.  

These textbooks have been on display at the Education Center from July 16, 2019. 

Current Consideration:
The textbook(s) listed on the attached page have been presented for adoption and use in the Newport-Mesa Unified School District by teacher(s) at all High Schools. It has been certified that the textbook(s) are aligned with 1997 or 1998 State Board of Education adopted content Standards (Section 60605).

Title: Chemistry 10th Edition
Publisher: Cengage Learning
Course Title: AP Chemistry
Department: Science
Grades 11 - 12

Title: Face-a-Face Conversation Sans Frontieres
Publisher - Vista Higher Learning
Course Title: IB World Language
Department: World Language
Grades 11 - 12

Approved by: 
Drake
Board Agenda 
August 27, 2019

19. Community Input on Non-Agenda Items
19.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.

20. Board Member Reports
21. Board of Education Committee Reports
22. Adjournment

Published: August 23, 2019, 3:03 PM

The resubmit was successful.