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Regular Meeting of the Board of Education Via Teleconference
Newport-Mesa USD
September 15, 2020 6:00PM
District Education Center - Roderick H. MacMillian Board Room 2985 - A Bear Street Costa Mesa, California 92626

1. Regular Board Meeting via Teleconference
Quick Summary / Abstract:

NOTICE OF REGULAR MEETING VIA TELECONFERENCE

By Executive Order N-29-20, issued on March 18, 2020, NMUSD Board meetings will be closed to the public. The meeting will be held via teleconference. 

ELECTRONIC PUBLIC COMMENT OPPORTUNITIES.  The following opportunities are offered to members of the public at regular meetings to make comments electronically on issues within the legal purview of the Board of Education.

  • Closed Session:  Members of the public may comment on items listed on the Closed Session agenda only.  
  • Community Input on Agendized Items:  The public may comment on items listed on the agenda including the Consent Calendar, Resolution Consent Calendar, and Discussion Action.  The public may also comment on items not listed on the agenda, but within the subject matter jurisdiction of the Board of Education.  
  • Community Input on Non-Agendized Items: This is an opportunity for the public to address the Board regarding items not on the regular meeting agenda, within the subject matter jurisdiction of the Board.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic not on the agenda are anticipated to exceed 20  minutes, the order of comments will be read in random order until the 20  minutes have expired.
  • Community Input – Special Meeting Agenda Items: The public may only comment on items listed on the special meeting agenda and limited to three (3) minutes per comment up to 20 minutes of public comment per topic on the special meeting agenda.

Public comments regarding matters on the agenda shall be limited to three (3) minutes per comment, with up to 20 minutes of public comment per topic on the agenda.

In the event the number of submitted public comments for a topic on the agenda are anticipated to exceed 20  minutes, the order of comments will be read in random order until the 20  minutes have expired.

Public comments on matters not on the agenda shall be limited to three (3) minutes per comment, with up to 20 minutes of public comment, and will be read at the end of the meeting. 

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.

All comments received will be submitted to the Board, regardless of whether they are read during the meeting.

The video record of the meeting will be posted on the NMUSD YouTube Channel approximately 24-48 hours after the meeting, with closed caption updates to follow.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, September 15, 2020 using the following links:

The public may watch the Board meeting by joining the following Zoom Webinar: 

https://nmusd.zoom.us/j/96643688288


2. Roll Call - 3:00 p.m.
2.a. Board of Education/Superintendent
3. Community Input on Closed Session Agenda Items
3.a. Comment Cards are Requested to be Electronically Submitted no later than 9:00 a.m. on Tuesday, September 15, 2020
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. 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. In the event the number of submitted public comments for a closed session item are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, September 15, 2020 using the following links:

4. Closed Session - 3:00 p.m.
4.a. Threat to Public Services or Facilities (Gov. Code Section 54957(a) Consultation with agency counsel) - This item is to discuss the district’s response to the COVID-19 pandemic
4.b. Conference with Labor Negotiator NMUSD Representative – Leona Olson Employee Organization – CSEA & NMFT, Pursuant to Government Code Section 54957.6
4.c. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954 [b])
4.d. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b]) #202006HR
5. Regular Meeting - 6:00 p.m.
6. Call to Order
6.a. Call to Order - Presiding Chairperson
7. Adoption of Agenda
7.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the agenda as presented.
8. Adoption of Minutes
8.a. Adoption of Minutes 08-18-20, 09-03-20 and 09-10-20
Recommended Motion:
It is recommended that the Board of Education adopt the minutes of 08-18-20, 09-03-20 and 09-10-20 as presented.
Attachments:
Minutes 08-18-20
Minutes 09-03-20
Minutes 9-10-20
9. Student Board Member Reports
10. Harbor Council PTA Report
11. Community Input on Agendized Items
11.a. Comment Cards are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, September 15, 2020
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the regular meeting agenda.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic on the agenda are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Comments submitted electronically through the links below that are selected will be read into the meeting video record. 

Regardless of whether comments are read into the video record, all comments received will be submitted to the Board.

With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons submitting comment.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, September 15, 2020 using the following links:



12. Superintendent Report
13. Discussion/Action Calendar
13.a. Approve the 2019-20 Unaudited Actuals Report
Recommended Motion:
It is recommended that the Board of Education approve the 2019-20 Unaudited Actuals Report.
Financial Impact:
Not applicable.
Comments:
Background:
Education Code Section 42100 requires the governing board to approve an annual statement of the district's receipts and expenditures for the preceding fiscal year. Staff has completed the analysis of all 2019-20 receipts and expenditures and submits the associated Standardized Account Code Structure (SACS) report for the Board of Education's approval.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao
Board Agenda
September 15, 2020
Attachments:
2019-20 Unaudited Actuals Presentation Board Mtg
Unaudited Actuals Narrative Report 2019-2020
14. Consent Calendar
Recommended Motion:
It is recommended that the Board of Education approve the consent calendars of Business, Education, Human Resources, and Student Support Services as submitted.
Quick Summary / Abstract:
All items listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion. This includes the Consent Calendars for Business, Education Services, Human Resources, Student Support Services, and Superintendent. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff or the public request specific items to be discussed and/or removed from the Consent Calendar. Public requests of items to be discussed and/or removed should be submitted in writing prior to the Board's consideration of the Consent Calendar.
14.a. Business Services
14.a.1. Ratify Agreement with LEAF Engineers, Inc. for Mechanical Engineering Services
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with LEAF Engineers, Inc. for mechanical engineering services as related to indoor air quality and specific recommendations for reopening schools.
Financial Impact:
General Fund, Routine Restricted Maintenance - Estimated and budgeted expenditure of $2,350.
Comments:
Background:
LEAF Engineering provides professional design services for school districts, including consultation for indoor air quality issues related to HVAC and plumbing. Maintenance and Operations is currently updating the district’s indoor air quality plan and making enhanced provisions specific to COVID-19 following health care agency guidance.

The District entered an agreement with LEAF Engineers, Inc. on August 18, 2020 to review the draft plan and special provisions for COVID-19. LEAF Engineers, along with a qualified environmental consultant from Health Safety Associates, Inc., worked with district staff to develop best practices for improving indoor air quality as well as special considerations for the reopening of schools.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 15, 2020
Attachments:
Service Agreement - Leaf Engineers Fully Executed
14.a.2. Ratify Agreement with Health Science Associates, Inc. for Indoor Air Quality Compliance Review
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Health Science Associates, Inc. (HSA) for indoor air quality compliance review.
Financial Impact:
General Fund, Routine Restricted Maintenance - Estimated and budgeted expenditures $5,910.
Comments:
Background:
HSA provides professional environmental services for school districts, including consultation for indoor air quality issues. Maintenance and Operations is currently updating the district’s indoor air quality plan and making enhanced provisions specific to COVID-19.

The District entered an agreement with HSA on August 11, 2020 to review the draft plan and special provisions for COVID-19. HSA, along with a mechanical engineering consultant from LEAF Engineers, Inc., worked with district staff to develop best practices for improving indoor air quality as well as special considerations for the reopening of schools.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 15, 2020
Attachments:
Service Agreement - Health Science Assoc-Fully Executed
14.a.3. Ratify Rejection of Claim LB-20HAL100018
Recommended Motion:
It is recommended that the Board of Education ratify the rejection in whole of claim LB-20HAL100018.
Financial Impact:
Not applicable.
Comments:
Background:
The district received a claim for damages on or about June 15, 2020. Staff recommends rejection in whole of claim LB-20HAL100018 to protect the statue of limitations associated with future legal action.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
September 15, 2020
14.a.4. Approve Change Order No. 1 with Byrom-Davey, Inc. for Tennis Court Fence Replacement at Costa Mesa High School
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 with Byrom- Davey, Inc. for Tennis Court Fence Replacement at Costa Mesa High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities - $48,843
Comments:
Background:
The work contracted under Bid No. 105-20, Aquatic Tennis Court Fence Replacement at Costa Mesa High School was awarded to Byrom-Davey after a successful bid.  As work at the school progressed, changes arose that required a change order to compensate the contractor for additional work.

Purchase Order #N78A0116 for Tennis Court Fence Replacement at Costa Mesa High School, Change Order No. 1 increase the purchase order by $48,843 and brings the total purchase order from $640,027 to $688,870. 

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 15, 2020

Attachments:
Byrom-Davey - Change Order No. 1 - CMHS Tennis Courts
14.a.5. Approve Change Order No. 2 with PCN3, Inc. for Aquatic Center Increment 2 at Estancia High School
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 2 with PCN3, Inc. for the Aquatic Center at Estancia High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities - $15,568
Comments:
Background:
The work contracted under Bid No. 123-19, Aquatic Center at Estancia High School was issued to PCN3, Inc.  As work at the school progressed, changes arose that required a change order to compensate the contractor for additional work.

Purchase Order #M78X0402 for Aquatic Center Increment 2 at Estancia High School, Change Order No. 2 increase the purchase order by $15,568 and brings the total purchase order from $1,431,810 to $1,447,378.  This is the final change order for the project.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 15, 2020

Attachments:
PCN3 - Change Order No. 2
14.a.6. Approve Renewal of Contracts for Bid #112-19 As Needed Transportation (Charter Bus Services)
Recommended Motion:
It is recommended that the Board of Education approve the renewal of contracts for Bid #112-19 As Needed Transportation (Charter Bus Services).
Financial Impact:
General Fund, Transportation - Total 2020-21 cost estimate is $300,000.00
Comments:
Background:
On August 27, 2019, the Board of Education approved award Bid #112-19 As Needed Transportation (Charter Bus Services). Per the terms and conditions, these contracts may be renewed annually by mutual consent for up to five years. All vendors have confirmed their desire to renew their contracts for a second year of the five-year contract. Year two of the contract is August 30, 2020 through August 30, 2021. Contract renewals have been accepted by JFK Transportation, MST/Mission School Transportation, Certified Transportation, Hot Dogger/Gold Coast, and BestVIP.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Humphrey/Geiszler
Board Agenda
September 15, 2020
Attachments:
JFK-NMUSD Year 2 Signed Contract Renewal
Newport Mesa Bid #112019 HotDogger Executed
Renewal Letter BestVIP
Renewal Letter MST
Renewal Letter Year 2 Bid 112-10 Certified Transportation Executed
14.a.7. Approve Agreement with Wenger Corporation for Theater Rigging Inspections at Various Sites
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Wenger Corporation for theater rigging inspections at various sites.
Financial Impact:
General Fund: Maintenance and Operations, Not to exceed $5,286.51.
Comments:
Background:
California Government Code Section 53060 authorizes school districts to contract with professional service organizations that are specifically trained, experienced, and competent to perform the special services required.  The District owns and operates theaters at Newport Harbor, Corona del Mar and Costa Mesa High Schools that require annual safety and compliance inspections. The District has used Wenger previously for these inspections.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Bidnick
Board Agenda
September 15, 2020
Attachments:
Service Agreement - Wenger Corp. r1 Final
14.a.8. Approve Agreement with Health Science Associates, Inc. for Industrial Hygiene Fume Hood Ventilation Evaluation Services
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Health Science Associates, Inc. for industrial hygiene fume hood ventilation evaluation services at various schools.
Financial Impact:
General Fund, Routine Restricted Maintenance - Estimated and budgeted expenditure of $2,612.50
Comments:
Background:
The District has twenty-two (22) fume hoods throughout the secondary school science classrooms that require annual inspection. Health Science Associates (HSA) is a certified industrial hygienist qualified to perform these inspections.

HSA has provided a proposal to inspect the fume hoods throughout the district and provide reports and recommendations for continued safe operation. This service was previously provided by our insurance carrier, ASCIP. ASCIP is no longer offering this service.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 15, 2020
Attachments:
Service Agreement - Health Science Assoc-HOODS 8.24 Final-signed
14.a.9. Approve Agreement for Special Services with School Services of California, Inc. for 2020-2021
Recommended Motion:
It is recommended that the Board of Education approve the Agreement for Special Services with School Services of California, Inc., and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Budget Area: Business Services - Not to exceed $6,000 at $500 per month plus expenses for services of four (4) hours per month. Cost for services beyond four (4) hours per month is $310 per hour plus expenses. At the Consultant’s option, Research Assistant services shall be charged at the rate of $210 per hour and time spent by support staff to prepare reports shall be charged at the rate of $155 per hour for each hour of service.
Comments:
Background:
Since 1975, School Services of California, Inc., acting as an independent contractor, has provided the district with economic and administrative assistance regarding issues of school finance, budgetary development, collective bargaining, and mandate information services.

School Services of California, Inc. will provide up to four (4) hours per month of consulting services for the same fee as the previous nine years. The term of this agreement is from 10/01/2020 through 09/30/2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
September 15, 2020
Attachments:
School Services of California
14.a.10. Approve Agreement with PlanetBids, Inc.
Recommended Motion:
It is recommended that the Board of Education approve the 2020-21 Cloud Software Agreement with PlanetBids, Inc.
Financial Impact:
General Fund - Budgeted for $19,875.00
Comments:

Background:
PlanetBids is a cloud-based bidding and contracting platform that provides a modular suite of best-in-class solutions to help educational procurement teams better serve their organizations. PlanetBids is designed to work with the unique requirements of educational procurement, managing bids, contracts, insurance certificates, on-line auctions and emergency operations procurement in an easy-to-use system. Through the use of PlanetBids the district will create greater outreach efforts to suppliers while gaining greater control and visibility over spend, and streamlining many traditional time-consuming procurement practices allowing the bidding and procurement process to become more strategic.

This agreement is for the period of September 16, 2020 through September 15, 2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda
September 15, 2020


Attachments:
PlanetBids Support Services Agreement
14.a.11. Approve Purchasing and Transaction Report for 9-15-20
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report for 09-15-20.
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 August 04, 2020 through September 01, 2020: Processed 457 totaling $5,310,880.30.

Business Trip Summary detailing business trips by name, organization, and funding(s).
- Business trips submitted between August 04, 2020 through September 01, 2020: Processed 17 Travel Approval Requests.

Surplus Reports listing assets that have been sent to Bear Street for liquidation and/or archiving.
- Surplus items between August 04, 2020 through September 01, 2020: Processed 48 items.

Approved by:
Holcomb/Trader
Board Agenda
September 15, 2020

Attachments:
Canceled Report 09.15.20
Change Orders Report 09.15.20
PO's Exceeding $10,000 & New Equipment Report 9.15.20
Purchase Order Detail Report 09.15.20
Surplus Report 09.15.20
TAR Report 09.15.20
14.a.12. Approve Accounting Report 09-15-20
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 9-15-2020.
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 reflects activity for the period July 27, 2020, through August 23, 2020.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Trader
Board Agenda
September 15, 2020


Attachments:
Accounting Check Register 09-15-20
Accounting Report 09-15-20
14.a.13. Approve Software Register (Renewals) 09-15-2020
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (Renewals) 09-15-2020
Financial Impact:
General Fund, Information Technology - Budgeted for $68,943
General Fund, Fiscal Services - Budgeted for $48,399
General Fund, Transportation - Budgeted for $620
Comments:
Background:
The district utilizes various vendors for maintenance, support, and service products. The annual maintenance and support agreements 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
September 15, 2020
Attachments:
Aeries Eagle Renewal
CDW-G Camtasia SnagIt Renewal
Forecast5 Renewal
Software Register (Renewals) 9-15-20
TOMS Software Renewal
14.b. Education Services
14.b.1. Accept Williams Legislation Fourth Quarter Report for School Year 2019-2020Was edited within 72 hours of the Meeting
Recommended Motion:
It is recommended that the Board of Education accept the 2019/20 Fourth Quarter Report covering the period of April 1, 2020 to June 30, 2020 in accordance with the Williams Settlement Legislation.
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 in the areas of textbooks, instructional materials, facility conditions, and teacher vacancies and misassignments received during the third quarter. 

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 January through March 2020, no complaints were filed.


Approved by
Drake/Galey
Board Agenda
September 15, 2020

Attachments:
Williams 2019-20 4th Quarter Report
14.b.2. Approve the Office of College and Career Education to Apply for Phase 6 of the Career Technical Education Incentive Grant (CTEIG)
Recommended Motion:

It is recommended that the Board of Education approve the Office of College and Career Education to apply for Phase 6 of the Career Technical Education Incentive Grant (CTEIG) up to the amount of $800,000.

Financial Impact:
The match requirement for Phase 6 of the CTE Incentive Grant is a minimum of 2:1 ratio.  Newport-Mesa Unified School District will have up to $1,600.000 available as matching funds.

Sources of the Newport-Mesa Unified School District match dollars are: Perkins Grant, Coastline-ROP, K12 Strong Workforce Program, and NMUSD CTE salaries, equipment, supplies and events.

All grant funds must be spent by December 31, 2022.  NMUSD must comply with grant requirements by presenting a sustainability three-year budget through 2022-23.
Comments:
Background:
The purpose of the CTE Incentive Grant is to grow, enhance and expand District CTE programs to industry standards within their pathways and to promote staff development for CTE teachers and staff.

* Phase 1 of the Grant award was $1,018,225
* Phase 2 of the Grant award was $1,193,627
* Phase 3 of the Grant award was $675,000
* Phase 4 of the Grant award was $200,000
* Phase 5 of the Grant award was $532,330

Current Consideration:
The plan for use of the funds from Phase 6 of the CTE Incentive Grant is as follows:

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

Approved by:
Drake/Vossen
Board Agenda
September 15, 2020

14.b.3. Approve Additions to the High & Middle School Course of Study
Recommended Motion:
It is recommended that the Board of Education approve the revision to the High & Middle School Courses of Study.
Financial Impact:
No applicable; routine impact.
Comments:

Background: 
Newport-Mesa Unified School District Policy and Rule and Regulation #6141.1 specify that additions to the High & Middle School Courses of Study shall be submitted to the Board of Education for approval. Course addition(s) have been reviewed and approved by the Assistant Superintendent, Chief Academic Officer, Secondary School Principal(s) and appropriate curriculum staff before submission to the Board of Education. It has been certified that the applicable course additions are aligned with the State Board of Education adopted content standards (Section 60605).

Current Considerations:
The following course, with attached course description is being submitted for additions:

Enhanced Algebra 1AB

Approved by:
Drake
Board Agenda
September 15, 2020

Attachments:
Enhanced Algebra
14.b.4. Approve the Purchase and Use of ALEKS Software by McGraw-Hill for Newport-Mesa Unified School District High Schools for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase and use of ALEKS Software by McGraw-Hill for Newport-Mesa Unified School District high schools for the 2020-2021 school year.
Financial Impact:
This item has been budgeted. Purchases will be site funded by various site budgets and amounts will vary depending on the number of student licenses purchased. Each student license is twenty-seven dollars ($27).
Comments:

Background:

Assessment and Learning in Knowledge Spaces is a web-based, artificially intelligent assessment and learning system. ALEKS uses adaptive questioning to quickly and accurately determine exactly what a student knows and doesn't know in a course. ALEKS then instructs the student on the topics he/she is most ready to learn. As a student works through a course, ALEKS periodically reassesses the student to ensure that topics learned are also retained. ALEKS courses are very complete in their topic coverage and ALEKS avoids multiple-choice questions. A student who shows a high level of mastery of an ALEKS course will be successful in the actual course he/she is taking. Instructional online in class or out -of-class support tool.

Current Consideration:

Newport-Mesa Unified School District high schools will use ALEKS Software in their Math classes to reinforce understanding of topics and lessons.

A California Student Data Privacy Agreement (CSDPA) is on file

Approved by:
Drake/Bauermeister/Boulton
Board Agenda
September 15, 2020

Attachments:
ALEKS_NHHS_Piggyback CSDPA
NMUSD ALEKS Quote
14.b.5. Approve the Continuing Consulting Agreement Between the Freedom Committee of Orange County and Newport-Mesa Unified School District for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the continuing consulting agreement with the Freedom Committee of Orange County and Newport-Mesa Unified School District for the 2020 - 2021 school year.
Financial Impact:
This item has been budgeted, not to exceed ten thousand dollars ($10,000).
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 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 students.

Approved by:

Drake/Bauermeister
Board Meeting
September 15, 2020


Attachments:
20-21 Freedom Committee Agreement
14.b.6. Approve the Renewal Purchase and Use of District Department Gizmo Licenses and Professional Development for Science Teachers from ExploreLearning for 2020/21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the  renewal purchase and use of Gizmo Department Licenses and Professional Development for Science Teachers from ExploreLearning
Financial Impact:
Budgeted in Education Services; not to exceed $32,553.75
Comments:

Background:
Since the adoption of the Next Generation Science Standards (NGSS) and the publication of the California framework for Science, teachers have been in a process of transition toward more phenomenon-driven student sensemaking with embedded investigations. Our 6th grade and high school science teachers have used Gizmos, a web-based resource with more than 200 science simulations and virtual investigations. This resource supports student investigation and inquiry around macro- and microscopic phenomena and helps prepare them to interact with a digital platform such as that of the California Science Test (CAST).

Current Consideration:
This is a renewal of Gizmos for this year is for 6th grade, high school and Ensign Intermediate students.  Professional development for the coming year will continue to support teachers with the integration and customization of Gizmos in their lessons.

Approved:
Drake
Board Agenda
September 15, 2020

Attachments:
Gizmos Quote
14.b.7. Approve Renewal Agreement Between Edgenuity and Newport-Mesa Unified School District for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal agreement between Edgenuity and Newport-Mesa Unified School District for the 2020 - 2021 school year.
Financial Impact:
This item has been budgeted, not to exceed one hundred twelve thousand, five hundred dollars ($112,500) at $550 x 200 licenses, plus $500 x 5 webinars.
Comments:

Background:

Edgenuity provides engaging online education solutions that propel success for students. Edgenuity delivers a range of core, elective, and career and technical education courses aligned with rigor and high expectations of the California State Standards and is designed to inspire life-long learning. The program is currently used in the Newport-Mesa Unified School District Credit Recovery and Summer School Programs.

Current Consideration:

The agreement with Edgenuity will support the District's Credit Recovery, Virtual Classroom and Web, and Summer School Programs. This contract will be one-year (7/1/20 - 6/30/21) in duration with a choice of 51 courses. Edgenuity will also provide five web-based training sessions.

Exhibit E of the California Student Data Privacy is attached

Approved by:
Drake/Bauermeister
Board Agenda
September 15, 2020


Attachments:
CSDPA Edgenuity Exhibit E
NMUSD_Edgenuity 2020-2021
14.b.8. Approve Renewal Agreement with Accelerated Learning for STEMscopes for the 2020/21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal agreement with Accelerate Learning for STEMscopes for the 2020/21 school year
Financial Impact:
Budgeted in Ed Services; not to exceed $20,340.25 
Comments:

Background:
To transition smoothly to the Next Generation Science Standards (NGSS) and improve accountability, teachers need a resource of well-designed, rigorous curriculum that is truly aligned to address the three dimensions of NGSS.  

Current Consideration:
STEMscopes is an effective and widely used digital STEM resource. STEMscopes will help teachers adopt effective STEM instructional practices, improve student performance through high quality, customized, standards-aligned, hands-on digital STEM curricula and resources. Costa Mesa, Corona del Mar and TeWinkle Middle School will use STEMscopes

Exhibit E of the California Student Data Privacy Agreement (CSDPA) is on file.

Approved by
Drake
Board Agenda
September 15, 2020

Attachments:
STEMscope agreement
14.b.9. Approve the Lexia Learning Systems Renewal for the 2020-21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Lexia Learning Systems Renewal for the 2020-21 school year.
Financial Impact:
This has been budgeted at a cost not to exceed ninety eight thousand two hundred and eighty dollars ($98,280). Budget areas: School Sites
Comments:

Background
For the past few years, elementary sites have been using Lexia Core5 to support foundational skills, struggling readers and English Learners. Lexia supports educators in providing differentiated literacy instruction for students of all abilities in grades PreK–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 in a more targeted format with their struggling students. School sites have been given the option to purchase licenses if they choose to continue with Lexia. All elementary schools except Pomona have purchased licenses.

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

Approved by:
Drake/Mishne
Board Agenda
September 15, 2020

Attachments:
NMUSD Lexia Renewal
14.b.10. Approve the Subscription Renewal of Custom Resources - Competition University Software
Recommended Motion:
It is recommended that the Board of Education approve the subscription renewal between Custom Resources, LLC and Newport-Mesa Unified School District for a one-year service renewal of Competition University that expires on June 30, 2021.
Financial Impact:
Budgeted Item - CTE Grant $1,265.00
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:
To maintain the continuance of access to the software that is used by the students during the 2020-21 school year.  The California Student Data Privacy Agreement is included.

Approved By:
Drake/Vossen
Board Agenda
September 15, 2020

Attachments:
Competition University CSDPA
Competition University Invoice
14.b.11. Approve the Renewal Subscription for Reading Plus for Newport-Mesa Unified School District Schools for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal subscription of Reading Plus for Newport-Mesa Unified School District schools for the 2020 - 2021 school year.
Financial Impact:
This item has been budgeted. Purchases will be site funded by various site budgets and amounts will vary depending on the number of student licenses purchased.
Comments:

Background:

Since 1976 The PMD Group, formerly The Ware Group, has helped educators implement programs that benefit students by providing individualized assessments and prescriptive educational plans. Reading Plus is the only reading system that simultaneously develops all three domains of reading: physical, cognitive, and emotional. By integrating three domains into one personalized system, Reading Plus builds the physical skills essential for fluency, provides the personalized, leveled content that allows students to build vocabulary and comprehension, and builds confidence and motivation.

Current Consideration:

Reading Plus will be used by Newport-Mesa Unified School District schools to enhance students' reading skills. The licenses include InSight Screening (Universal Screener) for an unlimited number of students at no cost, plus one virtual professional development session and full implementation support included.

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

Approved by:
Drake/Bauermeister
Board Agenda
September 15, 2020

14.b.12. Approve the Renewal Subscription for Atlas Language Services, Inc. for Application-Based and Call-In Interpretation for Newport-Mesa Unified School District Schools for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal subscription for Language Services, Inc. for application-based and call-in interpretation for Newport-Mesa Unified School District for the 2020 - 2021 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 Interaction 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
September 15, 2020


14.b.13. Approve the Renewal Subscription of ePrep, Inc. for Newport-Mesa Unified School District High Schools for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal subscription of ePrep, Inc. for Newport-Mesa Unified School District high schools for the 2020 - 2021 school year.
Financial Impact:
This item has been budgeted. Purchases will be site funded by various site budgets and amounts will vary depending on the number of student licenses purchased. Each student license is fifteen dollars ($15).
Comments:

Background:

ePrep was launched in 2007. ePrep is a video-based learning tool that students can use to take SAT and ACT tests or short quizzes. ePrep videos cover academic content, useful problem-solving methodologies, and time-saving test-taking strategies to show students how to solve problems in real time and in the same paper and pencil environment they will experience on test day. Students complete tests and quizzes either online in their accounts or offline by downloading and printing practice materials. Students enter answers online for instant grading so students can watch videos associated with the questions they skipped, answered incorrectly or answered correctly after a guess or long struggle.

Current Consideration:

The subscription to ePrep, Inc. will enable Newport-Mesa Unified School District High School students to improve their skills and confidence when preparing for the SAT and ACT tests. Each ePrep course features engaging videos recorded by test prep experts.

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

Approved by:
Drake/Bauermeister
Board Agenda
September 15, 2020
 


14.b.14. Approve Service Agreements' Register 9-15-2020
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreements' Register 9-15-2020.
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 9-15-2020 is submitted for consideration.

Approved by
Drake/Sense
Board Agenda
September 15, 2020

Attachments:
Service Agreements 9-15-20
14.c. Human Resources
14.c.1. Approve Memorandum of Understanding Between the Newport-Mesa Unified School District and the Newport-Mesa Federation of Teachers Regarding Level 3, Distance Learning
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 reopening of school in Level 3, Distance Learning. 
Financial Impact:
Budget impact is included in the Tentative Agreement.
Comments:

Background:
The negotiation teams for the Newport-Mesa Federation of Teachers and the Newport-Mesa Unified School District on August 11, 2020, reached a Memorandum of Understanding so that unit members will be aware of the procedures to be followed with the reopening of school in Level 3, Distance Learning (DL). This memorandum will be incorporated into a Tentative Agreement recommended for ratification by both the membership of the Federation and the Board of Education.

Current Consideration:
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 reopening of school in Level 3, Distance Learning.

A copy of the MOU is attached. 

Approved By:
Olson
Board Agenda
September 15, 2020
Attachments:
NMFT NMUSD MOU Re Reopening 091520
14.c.2. Approve Proposed Funding for Newly Created Classified Confidential Salary Range 26 for New Classification of Executive Assistant, Superintendent
Recommended Motion:

It is recommended that the Board of Education approve the proposed funding for salary Range 26 of the Confidential group for the newly created Executive Assistant, Superintendent position, a classified, confidential position.

Financial Impact:

Proposed annual compensation for the newly created Executive Assistant, Superintendent ranges from $69,468 to $84,432.

Comments:

Background:
With the retirement of the employee serving as Coordinator, Administrative Services, the needs of the Superintendent’s Office were reevaluated. It was found that in lieu of a Coordinator, Administrative Services, an Executive Assistant to the Superintendent meets the needs of the office.

The Personnel Commission of the Newport-Mesa Unified School District recently created a new classification to provide administrative support to the District Superintendent. The District requested the new classification to reorganize assigned duties/responsibilities, maximize efficiency of operations and to save costs. The Commission approved the new job classification and assignment of the class on the Confidential salary schedule at a Range 26.

Current Consideration:
Both the Personnel Commission and the District have approved the Executive Assistant, Superintendent job classification and the Board is now recommended to approve the funding for the proposed salary Range 26.

Approved By:
Olson/Clark
Board Agenda
September 15, 2020

 

Attachments:
08 Confidential Salary Schedule 091250
14.c.3. Authorization to Approve Renewal Agreement with Aon Consulting, Inc. 2020-21
Recommended Motion:
It is recommended that the Board of Education authorize the Assistant Superintendent, Chief Human Resources Officer to approve renewal  agreement between Aon and Newport-Mesa USD for health and benefit consulting for the period of October 1, 2020 through September 30, 2021.
Financial Impact:
The professional consulting services of Aon will be billed at $125,000 annually. This item has been budgeted, Budget Area(s): Employee Benefits.
Comments:

Background:
Aon, Health & Benefit Consulting has provided health benefit consulting services for the District since March 2008. This third year of a three-year contract continues with no increase in costs. The scope of services includes, but is not limited to, financial management, vendor management, plan and benefit management, implementation services, compliance and regulatory support, account management and client services, voluntary benefits, and ancillary services, advising, assisting and guiding the Joint Benefits Team with its responsibilities to provide a cost effective and valuable health benefit program for District employees.

Current Consideration:
Aon will continue providing the same current services for the District for the period of October 1, 2020 through September 30, 2021 at the rate of $125,000 annually.

Approved By:
Olson/Wyman
Board Agenda
September 15, 2020


Attachments:
2020-21 Aon Agreement
14.c.4. Authorization to Approve Renewal Agreement with Aon Consulting, Inc. for Retiree Drug Subsidy 2020-21
Recommended Motion:

It is recommended that the Board of Education authorize the Assistant Superintendent, Chief Human Resources Officer to approve continuing agreement with Aon and Newport-Mesa USD for administrative services for the Retiree Drug Subsidy (RDS) for the period of October 1, 2020 through September 30, 2021.


Financial Impact:
The administrative services for Aon will be billed at a fixed fee of $18,000 annually. This item has been budgeted, Budget Area(s): Employee Benefits
Comments:

Background:
The Retiree Drug Subsidy (RDS) Program is offered by the Centers for Medicare and Medicaid Services (CMS) to reimburse employers for a portion of their eligible expenses for retiree prescription drug benefits. The district  has participated in CMS RDS program since October 2005. In order to participate in the RDS program it is necessary for the District to document evidence that retirees access prescription drugs through the approved network of pharmaceutical providers. Aon Consulting scope of services includes administration of the RDS program and completion of the application with actuarial auditing of plans, CMS updates and other functions that are required by employers participating in the program.

Current Consideration:
Aon will continue providing the same current services for the District for the period of October 1, 2020 through September 30, 2021 at the rate of $18,000 annually.

Approved By:
Olson/Wyman
Board Agenda
September 15, 2020


Attachments:
Aon RDS Agreement 2020-21
14.c.5. Approve Certificated Employees' Resignation/Termination Register 09-15-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 09-15-20.

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 09-15-20 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
September 15, 2020

Attachments:
Certificated Resignation Register 09-15-20
14.c.6. Approve Certificated Employees' Leave of Absence Register 09-15-20
Recommended Motion:

It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 09-15-20.

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 09-15-20 are requesting leaves of absence for the reasons indicated for the 2020-21 school year.

Approved By:
Olson/Garcia
Board Agenda
September 15, 2020

Attachments:
Certificated LOA Register 09-15-20
14.c.7. Approve Certificated Employees' Appointment/Reassignment Register 09-15-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 09-15-20.

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 09-15-20 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
September 15, 2020

Attachments:
Certificated Appointment Register 09-15-20
14.c.8. Approve Classified Employees' Resignation/Termination Register 09-15-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 09-15-20.
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
September 15, 2020

Attachments:
Classified Resignation Register 09-15-20
14.c.9. Approve Classified Employees' Leave of Absence Register 09-15-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 09-15-20.
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
September 15, 2020

Attachments:
Classified LOA Register 09-15-20
14.c.10. Approve Classified Employees’ Appointment/Reassignment Register 09-15-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 09-15-20.
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 09-15-20 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
September 15, 2020

Attachments:
Classified Appointment Register 09-15-20
14.d. Student Support Services
14.d.1. Approve Nonpublic School/Agency Contracts for the 2020-2021 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 Education 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 2020-2021 under provisions of Education Code 56565 and 56366 to provide services for special education students.

Current Consideration:

There are 17 new Master Contracts for Nonpublic Schools/Agencies for 2020-2021.

1.  Autism Spectrum Consultants

2.  Beacon Day School

3.  Blind Children's Learning Center

4.  Care Youth Corporation - dba Falcon Ridge Ranch

5. Condas and Associates - dba Ocean View NPS

6.  Del School School, Inc.

7.  Haynes Family of Programs dba STAR Academy

8.  Mardan School

9.  Olive Crest Academy - Garden Grove & Orange

10.  Pediatric Therapy Services, LLC - dba The Stepping Stone Group

11.  Phoenix House Orange County, Inc.

12.  Seneca Family of Agencies

13.  Sky Pediatric

14.  Spectrum Center - Rossier Park Elementary School

15.  Spectrum Center - Rossier Park High School

16.  Summit View School - dba STEM3 Academy - Orange County

17.  The Prentice School

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

Approved by:

Jocham/Barela

Board Agenda

September 15, 2020

14.d.2. Approve Addendum for Nonpublic School/Agency Contract for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Addendums for these Nonpublic School/Agency Contracts who will provide services as established from the Individual Educational Program.
Comments:

Background:

The Eligibility and Planning /Education Assessment Service Committees of the Newport-Mesa Unified School District have approved Nonpublic School/Agency Master Contracts for 2019-2020 under provisions of Education Code 56365 and 56366.

Current Consideration:

There is one Addendum to a Nonpublic School/Agency Master Contract for 2019-2020.

Write Start Pediatrics

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


Approved by:

Jocham/Barela

Board Agenda

September 15, 2020

Attachments:
WSP 19-20 Addendum
14.d.3. Approve Memorandum of Understanding for Schools on Wheels
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding for Schools on Wheels, Inc. for three years (2020-2021, 2021-2022, & 2022 - 2023).
Financial Impact:
No Financial Impact.
Comments:

Background:

Schools on Wheels provides free tutoring and mentoring to children from kindergarten through twelfth grade living in shelters, motels, vehicles, group foster homes, and on the streets in Southern California. Schools on Wheels offers students one-on-one tutoring, digital learning access, scholarships and school supplies.

Current Consideration:

Schools on Wheels will provide tutoring services to student's experiencing homelessness or are in a group foster home throughout the District.

Approved by:

Jocham/D'Agostino

Board Agenda

September 15, 2020

Attachments:
SOW MOU
14.d.4. Approve Memorandum of Understanding for Olive Crest
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding for Olive Crest for two years (2020-2020 & 2021-2022).
Financial Impact:
No Financial Impact.
Comments:

Background:

Olive Crest provides education services in order to strengthen parenting skills and family communication.  The program utilizes an evidence-based training model called Common Sense Parenting (CSP) and provides parent education classes to parents and caregivers of children 0 to 18 years of age.  Olive Crest provides childcare services during parenting education courses.

Current Consideration:

Olive Crest will provide Active Parenting courses to give parents/caregivers skills to promote a more satisfying family life.  Parents/caregivers learn several strategies for school success, positive discipline, communication techniques, and other tips and tricks to help navigate parenting.

Approved by:

Jocham/D'Agostino

Board Agenda

September 15, 2020

Attachments:
Olive Crest MOU
14.d.5. Approve Settlement Agreement #30021030
Recommended Motion:

It is recommended that the Board of Education approve Settlement Agreement #30021030 pursuant to the laws of the State of California.

Financial Impact:
$25,000.00
Comments:

Background:

On August 18, 2020, a Settlement Agreement was reached in Case #30021030.  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 through and including the date of complete execution.

Approved by:

Jocham/Young

Board Agenda

September 15, 2020

14.d.6. Approve Settlement Agreement #31020390
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #31020390 pursuant to the laws of the State of California.
Financial Impact:
None.
Comments:

Background:

On August 26, 2020, a Settlement Agreement was reached in Case #31020390.  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 through and including the date of complete execution.

Approved by:

Jocham/Young

Board Agenda

September 15, 2020

14.d.7. Approve Settlement Agreement #60027260
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #60027260 pursuant to the laws of the State of California.
Financial Impact:
$10,000.00
Comments:

Background:

On August 31, 2020, a Settlement Agreement was reached in Case #60027260.  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 through and including the date of complete execution.

Approved by:

Jocham/Young

Board Agenda

September 15, 2020

14.d.8. Approve Settlement Agreement #90028060
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #90028060 pursuant to the laws of the State of California.
Financial Impact:
None.
Comments:

Background:

On August 26, 2020, a Settlement Agreement was reached in Case #90028060.  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 through and including the date of complete execution.

Approved by:

Jocham/Young

Board Agenda

September 15, 2020

14.d.9. Approve Settlement Agreement #11020150
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #11020150 pursuant to the laws of the State of California.
Financial Impact:
None.
Comments:

Background:

On August 31, 2020, a Settlement Agreement was reached in Case #11020150.  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 through and including the date of complete execution.

Approved by:

Jocham/Young

Board Agenda

September 15, 2020

15. 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.
15.a. Adopt Resolution 02-08-20 Conflict of Interest Code 2020 Biennial Review
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 02-08-20, approving the 2020 Newport Mesa Unified School District's Conflict of Interest Code Biennial Review and authorization to submit it to the Orange County Board of Supervisors, as the code reviewing body for Orange County government agencies.
Financial Impact:
No budget impact
Comments:

Background:
The Board typically conducts a biennial review of their Conflict of Interest Code on even-numbered years. The County has implemented an online system for conflict of interest reporting and will allow officers of the district to access this system. 

Current Consideration:
The Resolution, Corrected List of Designated Positions, and List of Disclosure Categories are attached. The Board must re-approve the code as there was an inadvertent error on the attachment. Following consultation with the Clerk of the Board of Supervisors, there were no changes required to our Conflict of Interest Code for 2020. Upon approval of the Board, the appropriate documents will be forwarded to the Clerk of the Orange County Board of Supervisors. 

Approved by:
Lee Sung
Board Agenda
September 15, 2020

Attachments:
COI Exhibits A and B
Resolution 02-08-20 Conflict of Interest Code 2020
15.b. Adopt Resolution 06-09-20 In Support of Hoag Memorial Hospital Presbyterian
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 06-09-20 in support of Hoag Memorial Hospital Presbyterian.  
Financial Impact:
No financial impact. 
Comments:

Background:

In the past, Hoag has partnered with the Newport-Mesa Unified School District in support of the school based health center, HOPE Clinic, and increased numbers of students have received health physical exams and immunizations in preparation for school participation. The Board of Education of the Newport-Mesa Unified School District support Hoag Memorial Hospital Presbyterian in its effort to continue to provide high quality health care to the Newport-Mesa community.  

Current Consideration:

Staff recommends adoption of this resolution. 

Approved by:

Lee-Sung

Board Agenda

September 15, 2020

Attachments:
Res. 06-09-20 in Support of Hoag Memorial Hospital
15.c. Adopt Resolution No. 07-09-20 Regarding Layoff of Classified Employees
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 07-09-20 Regarding Layoff of Classified Employees.

Financial Impact:
This action is necessary to carry out Board directed budget assumptions for the fiscal year 2020-21.
Comments:

Background:
This Resolution pertains to two classifications: Instructional Assistant and Student Supervision Assistant. Each position will impact a sole incumbent. The positions listed on the attached Resolution will be eliminated due to lack of funds from school foundation support. This Resolution includes relevant Education Codes and services to be reduced or eliminated.

Current Consideration:
The Governing Board of the Newport-Mesa Unified School District has determined that the positions listed on the attached resolution, be reduced for lack of work/lack of funds pursuant to California Education Code section 45117 and in the order mandated by Education Code section 45308.

The Assistant Superintendent, Chief Human Resources Officer is directed to give notice to the affected classified employee pursuant to the requirements of law.

The staff reduction shall become effective no earlier than 60 days following service of the notice as required by law.

Any employee impacted by this Resolution shall be eligible for reemployment pursuant to Education Code section 45298.

Approved By:
Olson/Clark
Board Agenda
September 15, 2020

Attachments:
Resolution 07-09-20 Layoff of Classified Employees 091520
15.d. Adopt Resolution 08-09-20 Gann Limit for 2019-20 and Estimated Gann Limit for 2020-21
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 08-09-20 "Gann" Limit specifying the district's 2019-20 appropriations limit and adopting the estimated appropriations limit for 2020-21.
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 2020-21 Gann Limit calculation is the district's 2019-20 Gann Limit, and then this is increased by both an inflation factor of 1.0373% and by the district’s percentage increase or decrease in ADA to arrive at the 2020-21 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 2019-20, 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 2019-20 Gann limit by $9,522,401.34. 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
September 15, 2020
Attachments:
08-09-20 Gann Limit Resolution 2020-21
2019-20 GANN Limit
15.e. Adopt Resolution 09-09-20 in Support of September 7-13 as "National Suicide Prevention Week" and the month of September 2020 as "National Suicide Prevention Month"
Recommended Motion:
It is recommended that the Board of Education adopt Resolution No. 09-09-20 supporting September 7-13 as "National Suicide Prevention Week" and the month of September 2020 as "National Suicide Prevention Month."
Comments:

Background:

Increasing rates of suicide among school age youth and legislation specifically aimed at training school staff to address the needs of self-harming behaviors among students have placed extraordinary challenges on today's educators, administrators, certificated support personnel and other staff members in schools.  Today all educators, administrators and other staff members go to great lengths to be trained in suicide prevention strategies and do not hesitate to help support students and their families who are struggling with self-harming ideation and behaviors.  This resolution recognizes the ongoing efforts and professionalism of today's educators, administrators, and other staff members who help to lessen the possibility of suicidal behaviors by recognizing them during September 2020, which is the "National Suicide Prevention Month" and specifically during September 7-13 which is the "National Suicide Prevention Week."

Current Consideration:

Resolution 09-09-20 proclaiming September 7-13 as "National Suicide Prevention Week" and observing September as "National Suicide Prevention Month."

Approved by:

Jocham/D'Agostino

Board Agenda

September 15, 2020

Attachments:
Res. 09-09-20 Suicide Prevention Month
16. PUBLIC HEARING/ACTION CALENDAR
16.a. Public Hearing Disclosing the Provisions of the 2020-2021 Tentative Memorandum of Understanding/Collective Bargaining Agreement with the Newport-Mesa Federation of Teachers
Recommended Motion:
It is recommended that the Board of Education conduct a public hearing to inform the public of the costs associated with the Newport-Mesa Federation of Teachers (NMFT) 2020-2021 Memorandum of Understanding (MOU) & Tentative Agreement.
Financial Impact:

Major cost provisions of the MOU & Tentative Agreement include the below.

Salary, Health, and Welfare Benefits:
- A 1.0% one-time off schedule payment.
- $500 stipend to support increased use of personal technology equipment and materials. Part-time employees will receive a pro-rated amount.
- Employee monthly contribution to health and welfare benefits will remain at the same rate as the 2019-2020 school year. 

The total cost of this agreement is expected to be $1,900,096.

Comments:

Background:
On August 11, 2020, the district and NMFT reached a MOU & Tentative Agreement. 

In accordance with Board Policy 4143, Assembly Bill (AB) 1200 and AB 2756, the Board is required to disclose major provisions of collective bargaining agreements before entering into a written contract. Government Code Section 3547.5 states:

“Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Instruction."

This provision is applicable to both single year agreements and multiyear agreements where the contract has been reopened to determine compensation adjustments in a subsequent year. It is intended to ensure that the public is aware of the known costs associated with a proposed collective bargaining agreement before it becomes binding on the district.

Additionally, the district’s Superintendent and Chief Financial Officer (CFO) are required to certify in writing that the costs incurred under a collective bargaining agreement can be met by the district during the term of the agreement. These certifications are submitted to the Board prior to the Board’s approval of the agreement. The certification shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.

AB 2756 specifies that if the district does not adopt all of the revisions to its budget needed in the current year to meet the costs of the agreement in each year of its term, the county superintendent of schools is required to issue a qualified or negative certification for the district on its next interim report.

Major financial provisions of the MOU & Tentative Agreement include:

- A 1.0% one-time off schedule payment.
- $500 stipend to support increased use of personal technology equipment and materials. Part-time employees will receive a pro-rated amount.
- Employee monthly contribution to health and welfare benefits will remain at the same rate as the 2019-2020 school year.

The expected total cost of the Tentative Agreement is $1,900,096.

Current Consideration:
Staff recommends that the Board conduct a public hearing to disclose the cost of the 2020-21 Tentative Agreement between the district and NMFT. 

Approved by:
Holcomb/Trader
Board Agenda
September 15, 2020

Attachments:
2020-21 NMFT AB1200 Cert
16.b. Approve Tentative Agreement Between the Newport-Mesa Unified School District and the Newport-Mesa Federation of Teachers 2020-2021
Recommended Motion:

It is recommended that the Board of Education approve the Tentative Agreement between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) for contract reopeners for 2020-2021.

Financial Impact:

The total cost of this agreement is expected to be $1,900,096 inclusive of all salary and benefit costs.

Comments:

Background:
The District and NMFT reached a tentative agreement for on August 11, 2020 for contract reopeners for 2020-21. The current NMUSD-NMFT Collective Bargaining Agreement's term was extended by MOU earlier this year to June 30, 2021.

Current Consideration:
The Tentative Agreement was ratified by NMFT members on September 14, 2020. Key contract provisions of the agreement include:

  • A 1.0% one-time off schedule payment
  • $500 stipend to support increased use of personal technology equipment and materials. Part-time employees will receive a pro-rated amount.
  • Employee monthly contribution to health and welfare benefits will remain at the same rate as the 2019-20 school year.
  • Teacher return date scheduled for August 18, 2020, as a teacher preparation day.
  • Service Providers: Counselors, Social Workers, Psychologists, Speech Language Pathologists and Nurses will work one additional preparation day prior to June 18, 2021.
  • August 19 and 20, 2020 will be professional development days; August 21, 2020 remains a preparation day.
  • Role and Recompense language is clarified.

A copy of the Tentative Agreement is attached.

Approved By:

Olson

Board Agenda

September 15, 2020


Attachments:
NMFT NMUSD TA 2020-21
17. Public Hearing
17.a. Public Hearing for the Learning Continuity and Attendance Plan (LCP)
Recommended Motion:
It is recommended that the Board of Education hold a public hearing for the Learning Continuity and Attendance Plan on September 15, 2020 at 6:05 p.m.
Financial Impact:
Not applicable.
Comments:

Background:

Senate Bill (SB) 98 established that the Local Control and Accountability Plan (LCAP) and an annual update to the LCAP are not required for the 2020–21 school year.  SB 98 also separates the development and adoption of the Budget Overview for Parents from the development and adoption of the LCAP for the 2020–21 school year and requires that the Budget Overview for Parents be developed and adopted by December 15, 2020.

Additionally, SB 98 established California EC Section 43509 and the Learning Continuity and Attendance Plan (Learning Continuity Plan, or LCP) requirements for the 2020–21 school year. The Learning Continuity Plan replaces the Local Control and Accountability Plan for the 2020–21 school year. Consistent with EC 43509, NMUSD will hold two separate meetings: a public hearing and subsequent adoption at a public local governing board meeting.

 

Current Consideration:

The Learning Continuity and Attendance Plan will be presented to Board for adoption on September 29, 2020 in order to receive recommendations and comments from members of the public regarding the specific actions and expenditures purposed to be included in the Learning Continuity and Attendance Plan (LCP).

Contents include descriptions of the following: addressing gaps in learning; conducting meaningful stakeholder engagement; maintaining transparency; addressing the needs of unduplicated pupils, students with unique needs, and students experiencing homelessness; providing access to necessary devices and connectivity for distance learning; providing resources and supports to address student and staff mental health and social emotional well-being; and continuing to provide school meals for students.

Approved by:

Drake/Galey

Board Agenda

September 15, 2020
18. Community Input on Non-Agendized Items
18.a. Comment Cards are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, September 15, 2020
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the regular meeting agenda.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic on the agenda are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Comments submitted electronically through the links below that are selected will be read into the meeting video record. 

Regardless of whether comments are read into the video record, all comments received will be submitted to the Board.

With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons submitting comment.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, September 15, 2020 using the following links:


19. Informal Reports
19.a. Superintendent
19.b. Assistant Superintendents and Executive Directors
20. Board Member Reports
21. Board of Education Committee Reports
22. Adjournment

Published: September 11, 2020, 4:10 PM

The resubmit was successful.