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Regular Meeting of the Board of Education
Newport-Mesa USD
January 14, 2020 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. Student Discipline (Pursuant to Education Code Sections 35146, 48918[c]) – 5 cases
3.b. Confidential Student Matter (Pursuant to Government Code Section 54962) - 1 case
3.c. Conference with Legal Counsel – Anticipated Litigation, Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
3.d. Conference with Legal Counsel - Existing Litigation [Pursuant to Government Code Section 54956.9(d)(1)] - Case No. 30-2014-00722137-CU-WM-CJC
3.e. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
4. Dinner Recess - 5:30 p.m.
5. Regular Meeting - 6:00 p.m.
6. Call to Order
6.a. Call to Order - Presiding Chairperson
7. Opening Ceremonies
7.a. Moment of Reflection/Pledge of Allegiance to the Flag
8. Adoption of Agenda
8.a. Adoption of Agenda
Recommended Motion:

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

9. Adoption of Minutes
9.a. Adopt Minutes of December 10, 2019
Recommended Motion:

It is recommended that the Board of Education adopt the minutes of December 10, 2019 as submitted.

Attachments:
12-10-19 Minutes
12-10-19 Minutes-Corrected Typo on Vote for President
10. Introduction of New Staff - Elementary Assistant Principal, Anthony Mercado
11. Recognition
11.a. Recognition of Fall Athletic Sports Champions
Recommended Motion:
It is recommended that the Board of Education recognize and commend the Corona del Mar and Newport Harbor High School athletes for their achievements. 
Financial Impact:
Recognition only.
Comments:

Background:
The Newport-Mesa Unified School District high schools compete in football, cross county, boys' water polo, girls' golf, girls' tennis, girls' volleyball, and girls' field hockey during the fall season. The California Interscholastic Federation (CIF) Southern Section is one of the most competitive divisions in the State of California and we are proud to honor these athletes for their achievements.

Current Consideration:
These athletes have competed and are to be recognized for their achievements.

Varsity Football - Corona del Mar High School: CIF Southern Section Division 3 Champions; Division 1A Southern Regional Champions and State Division 1A Champions

Varsity Girls' Tennis - Corona del Mar High School: CIF Southern Section Division 1 Champions

Golf - Cathy Tong - Newport Harbor High School: CIF Southern Section Individual Champion

Approved by:
Drake/Bauermeister
Board Agenda
January 14, 2020


11.b. 2020 California Distinguished School Awards
Recommended Motion:

Report Only

Comments:

Background
On December 16, 2019, Newport Mesa was notified that California, Killybrooke, Paularino and Sonora Elementary Schools were named 2020 California Distinguished Schools.

Current Consideration
The principals of the four schools will share the best Model Program and Practice that has been the most instrumental to the school’s success as outlined in their application.

Approved by
Lee-Sung/Suhr
Board Agenda
January 14, 2020


12. Community Input
12.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 may be held until that item is considered by the Board, if the speaker prefers.

This is an opportunity for the public to address the Board on items within the subject matter jurisdiction of the Board. 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.

13. Superintendent Report
14. Student Board Member Reports
15. Harbor Council PTA Report
16. Informal Reports
16.a. Superintendent
16.b. Deputy/Assistant Superintendents and Executive Directors
17. 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.
17.a. Business Services
17.a.1. Approve Change Order No. 2 to Increment 1 with California Waters for Estancia High School Aquatic Center
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 2 to Increment 1 with California Waters for Estancia High School Aquatics Center, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities: $85,250.56
Comments:
Background:
The work contracted for EHS Aquatic Center Increment 1 was issued to California Waters.  As work at the school progressed, changes arose that required a change order to compensate the contractor for additional work.

Purchase Order #M78M0644, Change Order No. 2 for $85,250.56 brings the total purchase order from $5,756,516.95 to $5,841,767.51.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
January 14, 2020
Attachments:
Change Order No. 2 - California Waters
17.a.2. Approve Change Order No. 2 to Bid No. 118-18 with Telacu Construction Management for Corona del Mar High School Sports Fields
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 2 to Bid No. 118-18 with Telacu Construction Management for Corona del Mar High School Sports Fields and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Special Reserve fund for capital outlay projects, Facilities: $7,670.63
Comments:
Background:
The work contracted under Bid No. 118-18, Sports Fields Project - Corona del Mar High School was issued to Telacu Construction Management.  As work at this school progressed, unforeseen conditions arose that required a change order to compensate the contractor for additional work.

Purchase Order #N78M0066 – Corona del Mar High School:  Change Order No. 2 for $7,670.63 brings the total purchase order from $7,259,880.88 to $7,267,551.51.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
January 14, 2020
Attachments:
Change Order No. 2 - Telacu
17.a.3. Approve Change Order No. 1 to Purchase Order #N78M0305, Jim Scott Stadium Substrate Repair Work with FieldTurf, Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Purchase Order #N78M0305, Jim Scott Stadium Substrate Repair Work with FieldTurf, Inc. and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Deductive Change Order - General Fund, Grounds: ($458,243.00)
Comments:
Background:
The substrate repair work for Jim Scott Stadium was awarded to FieldTurf, Inc. to mitigate unforeseen soil conditions discovered during replacement of the artificial turf field. The scope of work was revised after the award of contract to reflect field conditions resulting in a credit to the district of $458,243.

Purchase Order #N78M0305 – Jim Scott Stadium Substrate Repair Work for -$458,243 brings the total purchase order from $1,752,407 to $1,294,164.  Change Order No. 1 is the final Change Order.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
January 14, 2020
Attachments:
Field Turf - Change Order 1 - JSS Substrate Repair
17.a.4. Approve Amendment No. 1 with Pinner Construction Co., Inc. for Construction Management Services at Various School Sites
Recommended Motion:
It is recommended that the Board of Education approve Amendment No. 1 with Pinner Construction Co., Inc. for construction management services at various school sites, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities: $678,939.00
Comments:

Background:
On February 12, 2019 the board approved an agreement with Pinner Construction Co., Inc. for construction management services at various sites. The projects included in the agreement are:
- Estancia High School Aquatic Center
- Corona del Mar High School Sports Fields
- HVAC at the following sites:
   - Mariners Elementary
   - Whittier Elementary
   - Newport Heights Elementary
   - Newport Elementary
   - Harbor View Elementary
   - Ensign Intermediate
   - Back Bay High School

The district now requires additional services from Pinner Construction Co., Inc. to provide construction management service for additional projects. The upcoming projects include:
- CdM High School and Ensign Intermediate School Security Fence
- Costa Mesa High School Tennis Court Fencing Replacement
- CdM High School Dance Floor Replacement
- Newport Harbor High School Aquatic Scoreboard and Shade Structures
- Newport Harbor High School Softball Batting Cage
- Estancia High School Tennis Court Fencing Replacement
- HVAC at the following sites:
   - Corona del Mar High School
   - Costa Mesa High School
   - Newport Harbor High School

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
January 14, 2020

Attachments:
Pinner Construction - Amendment No. 1
17.a.5. Approve Agreement with MOTIV Sports of Huntington Beach for Newport-Mesa Unified School District to provide Charter Bus Services for the 2020 Surf City Marathon
Recommended Motion:
It is recommended that the Board of Education approve the agreement with MOTIV Sports of Huntington Beach for Newport-Mesa Unified School District to provide charter bus services for the 2020 Surf City Marathon on February 2, 2020.
Financial Impact:
Enhances the district's financial capabilities by the amount that the payments for service exceeds the district's cost to provide the service.
Comments:
Background:
In 2019, the total bill for this service was $20,500. The estimated total to be billed for this service on February 2, 2020 will not exceed $22,000.

MOTIV Sports of Huntington Beach is requesting the charter bus services of the district for the Surf City Marathon. The use of school buses for community recreation is addressed in Education Code 39835 as provided in Chapter 10 (Part 7, Section 10900). This Service Provider Agreement will go into effect February 2, 2020.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Humphrey
Board Agenda
January 14, 2020
Attachments:
Exhibit B
MOTIV Sports Agreement
17.a.6. Approve Agreement with Studio+ for Engineering and Design Services for Back Bay/Monte Vista High School Roof Replacement Project
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Studio+ for engineering and design services for the Back Bay/Monte Vista High School roof replacement project, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
General Fund, Routine Restricted Maintenance: Not to exceed $41,250.00
Comments:
Background:
The district has determined that the roofs at the Back Bay/Monte Vista High School are in need of replacement.  Studio+ Architecture has provided a proposal for design and professional services that includes all design and bid documentation, construction administration, closeout and Division of the State Architect (DSA) review and DSA fees if required.  The project is anticipated to be begin during the Fiscal Year 19/20.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
January 14, 2020
Attachments:
Service Agreement - Studio+ - BB_MV Roof
17.a.7. Approve Purchasing and Transaction Report for 01-14-20
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report for 01-14-20.
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 November 19, 2019 through December 10, 2019: Processed 305 totaling $2,617,448.64.

Business Trip Summary detailing business trips by name, organization, and funding(s).
- Business trips submitted between November 12, 2019 through December 10, 2019: Processed 114 Travel Approval Requests.

Surplus Report listing assets that have moved or been sent to Bear Street for liquidation and/or archiving.
- Surplus items between November 19, 2019 through December 09, 2019: Processed 87 items.

Approved by:
Holcomb/Trader
Board Agenda
January 14, 2020
Attachments:
Canceled Report 01.14.20
Change Orders Report 01.14.20
PO Exceeding $10,000 & New Equip Rpt 01.14.20
Purchase Order Detail Report 01.14.20
Surplus Report 01.14.20
TAR Report 01.14.20
17.a.8. Approve Accounting Report 01-14-20
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 1-14-2020.
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 November 18, 2019, through December 8, 2019.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
January 14, 2020

Attachments:
Accounting Check Register01-14-20
Accounting Report01-14-20
17.a.9. Approve Software Register (Renewals) 01-14-2020
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (Renewals) 01-14-2020.
Financial Impact:
Information Technology General Fund; Not to exceed $4,995.00
Comments:
Background:
The district utilizes various software vendors for maintenance, support, and service products, including online technical training (Skillsets Online from Skillsets Online, Inc.). The 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
January 14, 2020
Attachments:
Information Technology Supporting Quote (Renewal) 01-14-2020
Software Register (Renewals) 01-14-2020
17.a.10. Approve Gift Register 01-14-2020
Recommended Motion:
It is recommended that the Board of Education approve Gift Register 01-14-2020.
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 which the Board 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
January 14, 2020
Attachments:
Gift Register 01-14-2020
17.b. Education Services
17.b.1. Approve Publication of the 2018-19 School Accountability Report Cards (SARC)
Recommended Motion:
It is recommended that the Board of Education approve the publication of School Accountability Report Cards (SARC).
Financial Impact:

None

Comments:

Background
The Board of Education recognizes its responsibility to provide the public with important information about each public school. The School Accountability Report Card (SARC) is intended to provide families and the community with information about each district school and to provide data by which parents/ guardians can make meaningful comparisons between schools. The required elements of the SARC include Demographic data, School safety and climate for learning information, Academic data, School completion rates, Class sizes, Teacher and staff information, Curriculum and instruction descriptions, Postsecondary preparation information, and Fiscal and expenditure data. Guidelines established by the California Department of Education specify which school years apply to the required elements: 2017-18, 2018-19, or 2019-20.  The Board of Education shall annually issue SARCs for each school site. 

Current Consideration
The 2018-19 SARCs published during the 2019-20 school year are prepared according to guidelines from the California Department of Education. The District will publish a SARC for each school site on the District website.

Approved by
Drake/Galey
Board Agenda
January 14, 2020



17.b.2. Approve the Use of National Student Clearinghouse StudentTracker for the 2019-2020 School Year
Recommended Motion:

It is recommended that the Board of Education approve the use of National Student Clearinghouse StudentTracker for the 2019-2020 school year.

Financial Impact:

This item has been budgeted at a cost not to exceed one thousand seven hundred dollars ($1,700). Budget Area: Assessment


Comments:

Background:
The National Student Clearinghouse provides the district with publicly available information about our graduates and basic success indicators such as which university a student attended, which major or degree they pursued, or which career path they chose. NMUSD uses this information to evaluate existing and develop new instructional programs for our future graduates.

Current Consideration:
On a yearly basis, the assessment team downloads the information from this website to provide to principals. This agreement allows for continued access to the National Student Clearinghouse website for the period beginning December 1, 2019 through December 1, 2020.

California Student Data Privacy Agreement (CSDPA) attached.

Approved by:
Drake/Knights
Board Agenda
January 14,2020


Attachments:
Clearinghouse CSDPA
Clearinghouse Invoice
17.b.3. Approve Elementary Student Travel Register 01-14-19
Recommended Motion:

It is recommended that the Board of Education approve Elementary Student Travel Register 01-14-19.

Financial Impact:

The item is budgeted in school site budgets.

Comments:

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

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

Approved by
Drake/Fish
Board Agenda
January 14, 2020



Attachments:
Elementary Student Travel Register 01-14-20
17.b.4. Approve Service Agreements' Register 1-14-2020
Recommended Motion:

It is recommended that the Board of Education approve the Service Agreements' Register 1-14-2020.


Financial Impact:

The various funding sources of the Service Agreements are listed on the Register.

Comments:

Background:
A Service Agreements' 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:
Service Agreements' Register 1-14-2020 is submitted for consideration.

Approved by:
Drake/Sense
Board Agenda
January 14, 2020

Attachments:
Service Agreement Register 01-14-20
17.b.5. Approve Secondary School Related Travel Register 1-14-2020
Recommended Motion:

It is recommended that the Board of Education approve the Secondary School Related Travel Register 1-14-2020.



Financial Impact:

This item has been budgeted; routine impact.

Comments:

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

Current Consideration
Secondary School Related Travel Register 1-14-2020 is submitted for consideration.

Approved by
Drake/Sense
Board Agenda
January 14, 2020

Attachments:
Secondary Student Travel Register 01-14-20
17.c. Human Resources
17.c.1. Receive 2019-20 Classified, Supervisory, and Confidential Salary Schedules
Recommended Motion:
It is recommended that the Board of Education receive the NMUSD Classified, Supervisor, and Confidential salary schedules for 2019-20 for informational purposes only.
Financial Impact:
There is no budget impact.
Comments:

Background:
The classified salary schedule  is part of the negotiations process between NMUSD and CSEA and was approved by the Board of Education on October 7, 2019 as part of the Tentative Agreement with the California School Employees Association, Chapter #18.

The Confidential and Supervisory employees, who are unrepresented as a bargaining unit, receive compensation per review and recommendation of the Superintendent.

The 2019-18 compensation for Classified, Supervisory, and Confidential employees was reviewed and approved by the Board of Education on October 7, 2019.

Current Consideration:
Copies of the 2019-20 Classified, Supervisory, and Confidential salary schedules are attached for information.

Approved By:
Olson/Clark
Board Agenda
January 14, 2020

Attachments:
Classified Salary Schedule
Confidential Salary Schedule
Supervisor Salary Schedule
17.c.2. Receive 2019-20 Management Salary Schedule
Recommended Motion:

It is recommended that the Board of Education receive the NMUSD Management Salary Schedule for 2019-20 for informational purposes only.


Financial Impact:
There is no budget impact.
Comments:

Background:
The 2019-20 salary schedule for administrators was presented and approved by the Board of Education on October 7, 2019. Executive staff contracts, communication and transportation allowances were also previously approved by the Board and included on the schedule.

Current Consideration:
A copy of the 2019-20 Management Salary Schedule is attached for information.

Approved By:
Olson/Viena Gaeta
Board Agenda
January 14, 2020


Attachments:
2019-20 Management Salary Schedule
17.c.3. Approve Certificated Employees' Appointment/Reassignment Register 01-14-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 01-14-20.


Financial Impact:

This item has been budgeted; routine impact.

Comments:

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

Current Consideration:
The names listed on the attached Register 01-14-20 meet Education Code and State of California Commission on Teacher Credentialing requirements as public school teachers and requires the approval of the governing board for employment.

Approved By:
Olson/Viena Gaeta
Board Agenda
January 14, 2020

Attachments:
Certificated Appointment Register 01-14-20
17.c.4. Approve Certificated Employees' Leave of Absence Register 01-14-20
Recommended Motion:

It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 01-14-20.


Financial Impact:

This item has been budgeted; routine impact.

Comments:

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

Current Consideration:
The certificated employees listed on Register 01-14-20 are requesting leaves of absence for the reasons indicated for the 2019-20 school year.

Approved By:
Olson/Garcia
Board Agenda
January 14, 2020

Attachments:
Certificated LOA Register 01-14-20
17.c.5. Approve Certificated Employees' Resignation/Termination Register 01-14-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 01-14-20.


Financial Impact:

No budget impact.

Comments:

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

Current Consideration:
The certificated employees listed on the attached Register 01-14-20 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
January 14, 2020

Attachments:
Certificated Resignation Register 01-14-20
17.c.6. Approve Classified Employees' Appointment/Reassignment Register 01-14-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 01-14-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:

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

 

Current Consideration:

The positions listed on Appointment/Reassignment Register 01-14-20 are needed to conduct district and school operations.

 

Approved by:

Clark/Caldwell

Board Agenda

January 14, 2020

Attachments:
Classified Appointment Register 01-14-20
17.c.7. Approve Classified Employees' Leave of Absence Register 01-14-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 01-14-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:

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

 

Current Consideration:

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

 

Approved by:

Clark/Caldwell

Board Agenda

January 14, 2020

Attachments:
Classified LOA Register 01-14-20
17.c.8. Approve Classified Employees' Resignation/Termination Register 01-14-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 01-14-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:

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

 

Current Consideration:

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

 

Approved by:

Clark/Caldwell

Board Agenda

January 14, 2020
Attachments:
Classified Resignation Register 01-14-20
17.d. Student Support Services
17.d.1. Approve Student Discipline – Expulsion of Students
Recommended Motion:

It is recommended that the Board of Education approve the expulsion of students

19-24-79, 19-25-60, 19-28-50, 19-29-78, 19-23-60.






Financial Impact:

None.

Comments:

Background: 

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

Current Consideration:

The following student expulsion matters are before the Board for discipline consideration students:

19-24-79, 19-25-60, 19-28-50, 19-29-78, 19-23-60.

Approved by: 

Jocham/D'Agostino

Board Agenda

January 14, 2020




17.d.2. Ratification of Addendum to Nonpublic School/Agency Contract for the 2019-2020 School Year
Recommended Motion:

It is recommended that the Board of Education ratify this Addendum for the Nonpublic School/Agency Contract that will provide services as established from the Individual Educational Program.


Comments:

Background:

The Special Education Local Plan Area of the Newport-Mesa Unified School District has approved Nonpublic/Agency Master Contracts for 2019-2020 under provisions of Education Code 56565 and 56366 to provide services for special education students.

Current Consideration:

There is one Addendum to Nonpublic Schools/Agencies Master Contracts for 2019-2020.

Syracuse dba Elevations RTC

This Addendum to the Master Contract was made and entered into effect as of July 1, 2019.

Approved by:

Jocham/Barela

Board Agenda

January 14, 2019

Attachments:
Elevations Addendum
17.d.3. Approve Grant between Hoag Memorial Hospital Community Benefit Program and Newport-Mesa Unified School District titled NMUSD Health and Wellness Program
Recommended Motion:

It is recommended that the Board of Education approve a grant between Hoag Memorial Hospital Benefit Program and Newport-Mesa Unified School District in the amount of $220,000 for a project titled NMUSD Health and Wellness Program.

Financial Impact:

Health Services has budgeted a maximum amount of $220,000.

Comments:

Background:

The HOPE Clinic is a program of Newport-Mesa Unified School District and is located at the BESST Center adjacent to Rea Elementary School.  HOPE Clinic is a school health center that provides well child care to undeserved children.  The program facilitates access to health care, health insurance, resources, and education for children.  The clinic aims to promote child health and academic success, minimize disability and provide early intervention.

Current Considerations:

The clinic is the recipient of various grants including previous grants from Hoag Memorial Hospital Community Benefit Program starting in 2004.  The current grant award from Hoag Memorial Hospital Community Benefit Program is for $220,000.  The grant is to support health care for unfunded and vulnerable children and the school medical officer from January 1, 2020 to December 31, 2020.

Approved by:

Jocham/Grasska

Board Agenda

January 14, 2019





Attachments:
Hoag Health and Wellness Program Grant
17.d.4. Approve the Memorandum of Understanding with Orange County Health Care Agency and WestEd for the Administration of the California Healthy Kids Survey
Recommended Motion:
It is recommended that the Board of Education approve the scope of work and memorandum of understanding between NMUSD and Orange County Health Care Agency and WestEd for the administration of the California Health Kids Survey (CHKS) for 2019-2020.

Financial Impact:

The master agreement will provide $4,429.20 to NMUSD to be used exclusively for payment of the CHKS basic fee to WestEd (CHKS Southern California Regional Center) and to cover other costs related to administration of the CHKS to students in grades 5, 7, 9, and 11 during the 2019-2020 school year. 



Comments:

Background:
The CHKS provides a reliable and cost-effective method of collecting countywide data on student health-risk behaviors and youth development factors. This data is used by the Orange County Health Care Agency (OCHCA), and is an important tool for schools, districts and community-level youth-oriented programs throughout Orange County. OCHCA provides funding to support Orange County school districts who receive Tobacco Use Prevention Education (TUPE) funds from the California Department of Education to administer the CHKS. 

Current Consideration:
NMUSD will utilize funds to help maintain administering to CHKS as a reliable source of accurate data on students’ health behaviors. 

Approved by:
Jocham/D'Agostino
Board Agenda
January 14, 2020

Attachments:
CHKS MOU
Scope of Work
17.d.5. Approve Master Contract and Service Agreement for Maxim Healthcare Services, Inc. for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Independent Contractor Service Agreement and special education Master Contract for Maxim Health Care Services, Inc. dba Maxim Staffing Solutions who will provide services to students district wide.
Financial Impact:
Budgeted.
Comments:

Background:
Students with health conditions such as diabetes, seizures, and other chronic illnesses require nursing care by a qualified credentialed school nurse, a licensed registered nurse, or a licensed vocational nurse to support the health and safety of the student during the school day or while participating in a school activity.  Board Policy 5151.21 and Education Code 49423 allow for the delivery of health care at school and school activities

Current Consideration:
District employed credentialed school nurses may not always be available to attend activities that require travel or extend beyond the professional day.  The Independent Contractor Service Agreement will allow the school district to contract for a licensed vocational nurse or a licensed registered nurse to provide nursing care for a defined period of time during school activities including outdoor science camp.

The new Special Education Master Contract will provide services with the school and agency placements as specified by the Individual Education Programs.

Approved by:
Jocham/Barela/Grasska
Board Agenda
January 14, 2020

Attachments:
Maxim Master Contract
Maxim Service Agreement
17.d.6. Approve Independent Contractor Service Agreement for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreement 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 Agreements for 2019-2020 under provisions of Education Code 56365 and 56366 to provide services for special education students.

Current Consideration:

There is one new Independent Contractor Service Agreement for 2019-2020.

Speech & Language Development Center, Inc.

The new Service Agreement will provide services as specified on current IEPs.

Approved by:

Jocham/Barela

Board Agenda

January 14, 2020

Attachments:
SLDC Service Agreement
17.d.7. Approve Parent Reimbursement Contract for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Parent Reimbursement Contract as established from the Individual Education Program.
Financial Impact:
$2,000.00
Comments:

Background:

Newport-Mesa Unified School District Special Education Department has approved Parent Reimbursement for 2019-2020 under provisions of Education Code 56365 and 56366.

Current Consideration:

This Parent Reimbursement Contract is to reimburse parents for services they have incurred with schools and agency placements as specified on current IEPs.

Approved by:

Jocham/Barela

Board Agenda

January 14, 2020

17.d.8. Approve Settlement Agreement #21026230
Recommended Motion:
It is recommended that the Board of Education approve settlement agreement # 21026230 pursuant to the laws of the State of California.

Financial Impact:

$1,200.00

Comments:

Background: 

On December 2, 2019, a settlement agreement was reached in Case #21026230. Both parties wish to resolve all claims arising from or in any way related to this settlement agreement. 

Current Consideration:

The settlement agreement includes a waiver of all claims past, present, and future through June 30, 2020.

Approved by: 

Jocham/D'Agostino

Board Agenda

January 14, 2020

18. Discussion/Action Calendar
18.a. Adopt Resolution 13-01-20 Authorization to Establish a Section 115 Other Post Employment Benefit Trust
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 13-01-20 authorizing the establishment of a Section 115 Other Post Employment Benefit Trust.
Financial Impact:

Cost of administering the Trust includes the following (expressed as a percentage of total Trust assets of $19M); Trust Administration 0.15%, Investment Management 0.07%, Trustee Services 0.05%, Embedded 3rd Party Investment Fees 0.07%.  Investment earnings are expected to vary according to market performance.

Comments:

Background:
The district provides medical, dental, vision and life insurance benefits to retirees and their covered eligible dependents. These benefits are known as post-employment benefits other than pensions (OPEB).  OPEB benefits are part of the total compensation offered by employers to attract and retain the services of qualified employees and are earned during employment but taken after employment has ended.

As a result of offering such benefits, the district is required to report the associated costs according to the accounting requirements of Governmental Accounting Standards Board Statement No. 75, Accounting and Financial Reporting by Employers for Post-Employment Benefits Other Than Pensions (GASB 75).  The district's actuarial liability for district paid health and welfare retiree benefits is $123,356,569 as of June 30, 2019.  The total amount represents the liability associated with retiree health benefits for all current retirees and active employees who will one day retire and receive a future health care benefit. In anticipation of the need to address OPEB liability, the Board of Education passed resolution #33-03-05 on March 8, 2005 creating a revocable Special Reserve/Retiree Benefit fund for the purpose of accumulating monies for OPEB liability.  Accordingly, the district has contributed to the Special Reserve/Retiree Benefit fund as resources have allowed.

On November 26, 2018, the Board of Education authorized an OPEB funding policy study including the establishment of a Section 115 OPEB (Irrevocable) Trust.  The study concluded that funding OPEB via a Section 115 Trust provides for proactive management of OPEB liability that results in a reduced liability and lower overall retiree health and welfare cost.  This is accomplished by the irrevocable nature of the Section 115 Trust.  The irrevocability of the Trust allows for amounts placed within the confines of the Trust to reduce the district's stated OPEB liability.  It also permits Trust proceeds to be deployed in prudent long term investments that have an investment time horizon that better matches the purpose of the funds, resulting in superior earnings.  Consequently, the district issued a Request for Proposal for Section 115 OPEB Trust Services.  The district received three responses.  District staff evaluated the responses and found the Public Agency Retirement Services (PARS) submittal best met the district's needs.

The PARS Section 115 Post-Employment Benefits Trust will allow the district to set aside funds into an irrevocable trust to address these future costs.  Future contributions along with investment earnings compounded over time will help lower the district's overall cost and reported liability.  Assets in the PARS Section 115 Trust can be accessed at any time to directly pay future liabilities as needed. The district reserves the right to make future contributions, if any, to the program.  No fees will be incurred until the district makes its initial contribution to the Trust. Implementing the Trust requires the following action:

1. Adopt Resolution 13-01-20 authorizing the establishment of the Post Employment Benefit Trust to be administered by PARS and U.S. Bank to serve as Trustee.
2. Appoint the Executive Director, Chief Financial Officer to serve as the district's Plan Administrator.
3. Authorize the Executive Director, Chief Financial Officer to execute the documents necessary to implement the Trust.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
January 14, 2020

Attachments:
OPEB Trust Resolution 13-01-20
18.b. Approve the Memorandum of Understanding between the Newport-Mesa Unified School District and Waymakers
Recommended Motion:
It is recommended that the Board of education approve the Memorandum of Understanding with Waymakers to provide youth substance use prevention services to middle and high schools within the Newport-Mesa Unified School District through June 30, 2021.

Financial Impact:

None.

Comments:

Background:
Waymakers is an organization funded by the Orange County Health Care Agency’s Alcohol and Drug Education and Prevention Team (ADEPT). Waymakers will provide evidence-based substance use prevention education to at least 900 middle/high school students, ensure that health educators and/or school staff implementing the prevention education are trained to implement the identified evidence-based curriculum, and provide all materials needed for implementing the evidence-based curriculum including teacher guides, lesson plans, student workbooks, and all supplemental materials.

Current Consideration:
Waymakers would like to partner with the District to provide substance abuse prevention services to middle and high school students throughout the District through collaboration with student services based on site needs. This memorandum of understanding will be in effect through June 30, 2021. 

Approved by:
Jocham/D'Agostino
Board Agenda
January 14, 2020

Attachments:
Waymakers MOU
19. Board Member Reports
20. Board of Education Committee Reports
21. Adjournment

Published: January 10, 2020, 1:02 PM

The resubmit was successful.