banner

Regular Meeting of the Board of Education Via Teleconference
Newport-Mesa USD
November 17, 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

In compliance with Governor Newsom’s Executive Order N-29-20 in response to the ongoing COVID-19 outbreak, the District will conduct the Board of Education’s meeting as a teleconference. Given the health risks associated with COVID-19, the Newport-Mesa Unified School District has decided not to open the Board Room to the public. Public Comment may be submitted prior to the meeting via electronic submissions no later than Tuesday, November 17, 2020 by 9:00 a.m. via the following links: 

English: https://forms.gle/6Qc3K6Lo1SNufj3E7  

Spanish: https://forms.gle/evH46bgHMpRwVEj88   

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.

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

https://nmusd.zoom.us/j/94492534222

2. Roll Call - 2:30 p.m.
2.a. Board of Education/Superintendent
3. Community Input on Closed Session Agenda Items
3.a. Comments are Requested to be Electronically Submitted no later than 9:00 a.m. on Tuesday, November 17, 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 comments must be submitted no later than 9:00 a.m. on Tuesday, November 17, 2020 using the following links:

English: https://forms.gle/6Qc3K6Lo1SNufj3E7  

Spanish: https://forms.gle/evH46bgHMpRwVEj88

4. Closed Session - 2:30 p.m.
4.a. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 2 potential cases
4.b. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
4.c. 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.d. Conference with Labor Negotiator NMUSD Representative – Leona Olson Employee Organization – CSEA, NMFT, NMAA and Supervisors Pursuant to Government Code Section 54957.6
4.e. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
5. Regular Meeting - 6:00 p.m.
6. Call to Order
6.a. Call to Order - Presiding Chairperson
7. Opening Ceremonies
7.a. Moment of Reflection/Pledge of Allegiance to the Flag
8. Adoption of Agenda
8.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the agenda as presented.
9. Adoption of Minutes
9.a. Adoption of Minutes 10-27-20 and 10-29-20
Recommended Motion:
It is recommended that the Board of Education adopt the minutes of 10-27-20 and 10-29-20 as presented.
Attachments:
Minutes 10-27-20
Minutes 10-29-20
10. Student Board Member Reports
11. Harbor Council PTA Report
12. Special Recognition
12.a. Special Recognition - Vicki Snell
Recommended Motion:

The Board of Education recognizes Vicki Snell for her 6 years of exemplary service to the Board of Education.  


Comments:


12.b. Board's Distinguished Service Award to Dana Black
Recommended Motion:

The Board of Education presents their Distinguished Service Award to Dana Black in honor of 24 years of exemplary service to the Board of Education.


Comments:

The Board of Education commends and recognizes Dana Black for her 24 years of exemplary service to the Newport-Mesa Unified School District Board of Education.  Her dedication to serving all students in the district through her work on the Board of Education, advocacy of Career Technology Education, and the Superintendent's Student Advisory Committee is an example to all future Board members. A resolution is submitted later on the agenda for consideration.


Attachments:
Res. 15-11-20 Distinguished Service Award - Black
12.c. Board's Distinguished Service Award to Martha Fluor
Recommended Motion:

The Board of Education presents their Distinguished Service Award to Martha Fluor in honor of 29 years of exemplary service to the Board of Education.


Comments:

The Board of Education commends and recognizes Martha Fluor for her 29 years of exemplary service to the Newport-Mesa Unified School District Board of Education.  Her dedication to serving all students in the district through her work on the Board of Education, California School Boards Associationand the Coastline Regional Occupational Program is an example to all future Board members. A resolution is submitted later on the agenda for consideration.

Attachments:
Res. 16-11-20 Distinguished Service Award - Fluor
13. Report
13.a. Report on Theater Project at Estancia High School
Recommended Motion:
Informational report only.
Financial Impact:
No financial impact to district.  Report only.
Comments:
Ms. Ara Zareczny will report on the Theater Project at Estancia High School.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

14. Community Input on Agendized Items
14.a. Comments are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, November 17, 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 comments must be submitted no later than 9:00 a.m. on Tuesday, November 17, 2020 using the following links:

English: https://forms.gle/6Qc3K6Lo1SNufj3E7  

Spanish: https://forms.gle/evH46bgHMpRwVEj88


15. Superintendent Report
16. Consent Calendar
Recommended Motion:
It is recommended that the Board of Education approve the consent calendars of business, education, human resources, student support services and superintendent as presented. 
Quick Summary / Abstract:
All items listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion. This includes the Consent Calendars for Business, Education Services, Human Resources, Student Support Services, and Superintendent. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff or the public request specific items to be discussed and/or removed from the Consent Calendar. Public requests of items to be discussed and/or removed should be submitted in writing prior to the Board's consideration of the Consent Calendar.
16.a. Business Services
16.a.1. Ratify Assignment Agreement with ALC Schools, Inc.
Recommended Motion:
It is recommended that the Board of Education ratify the Assignment Agreement with ALC Schools, Inc.
Comments:

Background:
At its meeting on September 11, 2018, the Board approved an agreement with American Logistics Company to provide Special Education student transportation services for requests that could not be fulfilled by the district. This Agreement is in effect until June 30, 2022. In September 2020, American Logistics Company changed its company name to ALC Schools, Inc.

In order for the district to continue doing business under the existing contract terms and pricing, the Board must approve the assignment of the contract to the new entity, ALC Schools, Inc.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda
November 17, 2020

Attachments:
ALC Assignment Agreement
16.a.2. Receive Quarterly Investment Report
Recommended Motion:
It is recommended that the Board of Education receive the Quarterly Investment Report.
Financial Impact:
Not applicable
Comments:

Background:

The Newport-Mesa Unified School District’s Investment Policy and current state law require a quarterly report identifying all of the financial institutions in which the district has accounts and the amount of money in each account.  Most of the operational money held by a school district is, by law, maintained in the County Treasury.  Bond funds such as the proceeds from the sale of Measure F bonds or Community Facilities District (CFD) accounts may be held by a trustee financial institution under contract to the Board of Education.  Additionally, commercial banks may have district checking accounts for such purposes as Revolving Cash or Associated Student Body funds.


Cash flow in a school district does not follow a regular monthly pattern due to the receipts of tax funds at certain times of the year and the irregular disbursement of state and grant monies.  Consequently, balances in the various accounts will vary from quarter to quarter and the change is not a depiction of the financial status of the district.  Rather the purpose of the Quarterly Report is simply to identify where the district is holding its funds as of the end of each financial quarter and how much is held in each account.


Current Consideration:

The attached report is presented to the members of the Board of Education for information purposes only.


Approved By:

Holcomb/Trader/Lammatao                                        

Board Agenda

November 17, 2020


Attachments:
Quarterly Investment Report September 2020
16.a.3. Approve Agreement with Leaf Engineers, A PBK Company for the Replacement of HVAC Equipment at Estancia High School Locker Rooms
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Leaf Engineers, A PBK Company for the replacement of HVAC equipment at Estancia High School Locker Rooms.
Financial Impact:
Routine Restricted Maintenance: Not to exceed $56,793
Comments:
Background:
Heating and ventilation equipment in the Estancia High School locker rooms is beyond its expected service life and needs to be replaced. This includes equipment in both the boys’ and girls’ locker rooms.

Leaf Engineers is a qualified engineering firm with experience working in K-12 schools and has provided a proposal for professional services including design, preparation of bid documents and project support.

It is anticipated that construction on this project will begin Summer 2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
November 17, 2020
Attachments:
SA - Leaf Engineers EHS HVAC - VS
16.a.4. Approve Agreement with Amerisk Engineering Corporation for Arc Flash Training for Maintenance Employees
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Amerisk Engineering Corporation for arc flash training for maintenance electricians.
Financial Impact:
Routine Restricted Maintenance - Not to exceed $1,850
Comments:
Background:
Newport-Mesa Unified School District electricians are required to have arc flash training to understand and comply with safety precautions to avoid electrocution when working on certain electrical equipment. Amerisk Engineering Corporation provides training and other services related to electrical safety and compliance.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
November 17, 2020
Attachments:
Service Agreement - Amerisk Engineering Corp - VS
16.a.5. Approve Amendment No.1 with Wild West Inspections for Division of the State Architect (DSA) Inspection Services for the Corona del Mar High School Sports Fields project
Recommended Motion:
It is recommended that the Board of Education approve Amendment No. 1 with Wild West Inspections for DSA inspection services for the Corona del Mar High School Sports Fields project.
Financial Impact:
Special Reserve Fund for capital outlay projects - Not to exceed $35,000
Comments:
Background:
The DSA, pursuant to state law, requires "continuous inspection" by an Inspector of Record (IOR) certified by DSA and employed by the school district. The IOR may be an employee of the school district, or the district may contract for the services of an IOR with an individual or an entity offering inspection services, such as Wild West Inspections. The purpose of the IOR is to ensure that all construction activities on the project are performed according to the plans and specifications as approved by DSA.

On March 12, 2019, the Board of Education approved the preliminary agreement with Wild West Inspections for Division of the State Architect (DSA) inspection services in the amount of $172,800.
The increase in cost is due to several factors including additional time required for base material on turf field areas. Additional costs associated with contractor delays will be negotiated in a credit change order to the contractors purchase orders or through a settlement agreement presented to the Board at a later date for approval. It is imperative to approve the contract amendment to continue services though construction completion as required by DSA.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

Attachments:
Wild West Inspections - Proposal
16.a.6. Approve Amendment No. 1 with MTGL, Inc. for Material Testing for Site Security Fencing Project at Ensign Intermediate and Corona del Mar High Schools
Recommended Motion:
It is recommended that the Board of Education approve Amendment No. 1 with MTGL, Inc. for material testing for site security fencing at Ensign Intermediate and Corona del Mar High schools, and authorize the Assistant Superintendent, Chief Operating Officer to execute as approved.
Financial Impact:
Special reserve fund for capital outlay projects - Facilities:  not to exceed $83,353.40
Comments:
Background:
On December 10, 2019, the board approved the agreement with MTGL, Inc. for material testing for the site security fencing project at Ensign Intermediate and Corona del Mar High Schools, for a value of $142,400.

During the course of construction of the Security Fencing project, the district is required to have a professional soils testing and inspection company perform on site testing to verify proper soil compaction, proper use of construction materials and all materials used during the course of construction, to meet or exceed the materials specifications approved by the Division of State Architect (DSA).  Reports are generated by the firm during the course of construction and all reports are submitted to DSA at the end of the project as proof of compliance with DSA approved plans and specification for the project.

MTGL will require this amendment for the values below in order to fulfill the remaining DSA required continual special inspections at Ensign Intermediate and Corona del Mar High School Fencing Project. Additional costs associated with Contractor delays will be negotiated in a credit change order to the contractors purchase orders or through a settlement agreement presented to the Board at a later date for approval. It is imperative to approve the contract amendment to continue services though construction completion as required by DSA.

Ensign Intermediate School - $45,842.90
Corona del Mar High School - $37,510.50

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

Attachments:
Amendment No. 1 - Corona del Mar HS
Amendment No. 1 - Ensign Intermediate
16.a.7. Approve Change Order No. 1 with AireMasters for HVAC at Costa Mesa High School
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 with AireMasters for HVAC at Costa Mesa High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities – $150,152
Comments:
Background:
The work contracted under Bid No. 101-20, HVAC at Costa Mesa High School was issued to AireMasters.  As work at the schools progressed, changes arose that required change orders to address the required construction activities from the contractor.  

Purchase Order #P78A0003 for 2020 HVAC Installation, Change Order No. 1 increases the purchase order by $150,152 and brings the total purchase order from $2,749,000 to $2,899,152. 
 
Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

Attachments:
C.O. 1 - CMHS
16.a.8. Approve Change Order No. 1A/1B with AireMasters for HVAC at Corona Del Mar and Newport Harbor High Schools
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1A/1B with AireMasters for HVAC at Corona Del Mar and Newport Harbor High Schools.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities – $95,410
Comments:
Background:
The work contracted under Bid No. 106-20, HVAC at Corona Del Mar and Newport Harbor High Schools was issued to AireMasters.  As work at the schools progressed, changes arose that required change orders to address the required construction activities from the contractor.  

Corona Del Mar High School:  $2,617
Newport Harbor High School:  $92,793

Purchase Order #P7800274A for 2020 HVAC Installation, Change Order No. 1A/1B increase the purchase order by $95,400 and brings the total purchase order from $4,240,000 to $4,335,410. 
 
Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

Attachments:
C.O. 1A - CDMHS
C.O. 1B - NHHS
16.a.9. Approve Change Order No. 1 to Bid No. 115-20 Roof Replacement at Back Bay/Monte Vista High School with A Good Roofer, Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Bid No. 115-20 roof replacement at Back Bay/Monte Vista High School with A Good Roofer, Inc.
Financial Impact:
Routine Restricted Maintenance, Change Order: $4,071
Comments:
Background:
The work contracted under Bid No. 115-20, Roof Replacement at Back Bay/Monte Vista High School was awarded to A Good Roofer after public bidding as required by Public Contract Code, section 20111. The bid included an allowance for unforeseen conditions and a contingency for wood replacement. This change order will increase the contract amount for additional work related to replacement of deteriorated wood fascia and roof deck.

Purchase Order #P78A0026 for roof replacement at Back Bay/Monte Vista High School with A Good Roofer, Inc., Change Order No. 1 increases the purchase order by $4,071 and brings the total purchase order from $838,558 to $842,629.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
November 17, 2020
Attachments:
CO - Back Bay HS - VS
16.a.10. Approve Change Order No. 1 to Bid No. 125-20 Costa Mesa High School Roof Replacement with Chapman Coast Roof Co., Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Bid No. 125-20 Costa Mesa High School Roof Replacement with Chapman Coast Roof Co., Inc.
Financial Impact:
Routine Restricted Maintenance, Deductive Change Order: ($8,430.82)
Comments:
Background:
The work contracted under Bid No. 125-20, Costa Mesa High School Roof Replacement was awarded to Chapman Coast Roof Company after public bidding as required by Public Contract Code, section 20111. The bid included an allowance for unforeseen conditions. This change order will reduce the contract amount for the unused portion of the allowance.

Purchase Order #P78M0029 for Costa Mesa High School roof replacement with Chapman Coast Roof Co., Inc, Change Order No. 1 decreases the purchase order by $8,430.82 and brings the total purchase order from $469,278 to $460,847.18.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
November 17, 2020
Attachments:
CO No. 1 - Chapman Coast - CMHS Roof - VS
16.a.11. Approve Accounting Report 11-17-20
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 11-17-2020.
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 October 5, 2020, through October 25, 2020.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Trader
Board Agenda
November 17, 2020

Attachments:
Accounting Check Register 11-17-20
Accounting Report 11-17-20
16.a.12. Approve Purchasing and Transaction Report for 11-17-20
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report for 11-17-20.
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 October 13, 2020 through November 02, 2020: Processed 317 totaling $3,019,509.79.

Business Trip Summary detailing trips by name, organization, and funding(s).
- Business trips submitted between October 13, 2020 through November 02, 2020: Processed 29 Travel Approval Requests.

Surplus Reports listing assets that have been sent to Bear Street for liquidation and/or archiving.
- Surplus items between October 13, 2020 through November 02, 2020: Processed 0 items.

Approved by:
Holcomb/Trader
Board Agenda
November 17, 2020


Attachments:
Canceled Report 11.17.20
Change Orders Report 11.17.20
Purchase Order Detail Report 11.17.20
Purchase Orders Exceeding $10,000 & New Equipment Report 11.17.20
Surplus Report 11.17.20
TAR Report 11.17.20
16.a.13. Approve Gift Register 11-17-2020
Recommended Motion:

It is recommended that the Board of Education approve Gift Register 11-17-2020.

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
November 17, 2020

Attachments:
Gift Register 11-17-2020
16.a.14. Approve Software Register (New Under $5,000) 11-17-2020
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (New Under $5,000) 11-17-2020.
Financial Impact:
General Fund, Information Technology - Budgeted for $199
Comments:
Background:
The district utilizes various software vendors for maintenance, support, and service products.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Babovic
Board Agenda
November 17, 2020
Attachments:
Bitrecover Quote
Bitrecover TOS
Software Register (Under $5K) 11-17-20
16.b. Education Services
16.b.1. Receive Orange County Department of Education’s Annual Williams Settlement Legislation Site Review Report for Newport-Mesa Unified School District for the 2019/20 School Year
Recommended Motion:

It is recommended that the Board of Education receive OCDE’s Williams Legislation Annual Report for Newport-Mesa Unified School District for Fiscal Year 2019/20.

Comments:

Background:               

Per the Williams Settlement Legislation Agreement, the County Superintendent is charged with the responsibility of assembling a team of county representatives to review all decile 1-3 schools based on the 2012 Academic Performance Index (API) to review and affirm sufficiency components of the Williams Legislation Program in the areas of:

- Sufficiency of Instructional Materials

- Posting of Required Williams Uniform Complaint Procedure (UCP) in classrooms

- State of Facilities

- Accuracy of School Accountability Report Cards (SARCS)

- Teacher Assignments

Current Consideration: 

This report reflects on the 2019-20 school year.  On September 19 & 20, 2019, the Orange County Department of Education conducted five reviews at the following Newport-Mesa decile 1-3 schools: College Park, Rea, Pomona, Whittier and Wilson. According to the report issued by the County, Newport-Mesa is in compliance with the terms of the Williams Settlement Legislation concerning the sufficiency of textbooks and instructional materials and the Uniform Complaint Procedure (UCP) posting in classrooms.  OCDE conducted facilities reviews on September 10, 11 and October 12, 2019. Deficiencies were reported to school administrators and have been remedied. Additionally, the data reported on the SARC monitoring met compliance requirements. Due to the COVID-19 Pandemic the teacher assignments monitoring for the 2019-20 school year was delayed until fall 2020.  The findings are attached.

Approved by:

Drake/Galey

Board Agenda

November 17, 2020

Attachments:
2019-20 Annual Report
16.b.2. Approve 2020-2021 School Plans for Student Achievement
Recommended Motion:
It is recommended that the Board of Education approve the 2020-21 School Plans for Student Achievement.
Financial Impact:
Not applicable, routine impact.
Comments:

Background

Annually, elementary and secondary schools revise and submit their School Plans for Student Achievement. The plans are a summary of the goals, strategies, actions and services designed by each school to improve student outcomes. The plans have been developed with a focus on identified needs of students, evidence-based strategies, materials and programs. School Site Councils approve the plans and school sites retain documentation of this approval. 

Current Consideration 

At each site, administrators, staff, and community work together to conduct an annual evaluation of the previous year’s School Plan for Student Achievement, then affirm or establish goals and implementation strategies for the current year. Due to school closure and subsequent remote learning during spring, summer and fall 2020, the requirements of the annual evaluation and school planning process were streamlined. Additionally, the site plans have been aligned to the 2020-21 district Learning Continuity Plan (LCP), which replaces the Local Control and Accountability Plan for the school year.

The School Plan for Student Achievement includes actions and services intended to improve student achievement, while also acknowledging the need to address mental health, social and emotional well being, pupil engagement and outreach. These plans include actions and services on behalf of all students, as well as actions, services and expenditures of targeted funds intended to principally serve low-income, English Learner, and foster youth. For Title I schools, Title I funds and the aligned actions and services are also included.

2020-21 School Plans for Student Achievement for each school are available for review at each of the district schools.

Approved by:
Drake/Galey
Board Agenda

November 17, 2020
16.b.3. Approve the Memorandum of Understanding with Huntington Beach Union High School District for Adult Education for the 2020 through 2023 School Years
Recommended Motion:
It is recommended that the Board of Education approve the MOU with Huntington Beach Union High School District.
Comments:

Background:

As a result of the Great Recession in 2008, SBX3 4, Section 15 was enacted to provide districts “Categorical Flexibility.” Adult Education funding was included in this flexibility. The district’s General Fund subsequently absorbed the costs of running the Adult Education program. In order to preserve funding for the district’s K-12 program and still serve the Adult community, the district elected to maintain a streamlined Adult Education program in partnership with Huntington Beach Union High School District (HBUHSD) starting in the 2018-19 school year. Since then, the Huntington Beach Adult School (HBAS) has provided an Adult Education program to the communities of Costa Mesa and Newport Beach at the BESST Center in Costa Mesa.

Current Consideration:

HBUHSD provides a robust Adult Education program in more than 25 locations. For the school years 2020-21, 2021-22 and 2022-23, the HBAS will continue to provide classes for adult learners at the BESST Center to include morning and evening classes in English for Second Language, classes for obtaining an Adult High School Diploma, and classes to prepare students to pass a state approved high school equivalency exam (GED). Additionally, HBAS will continue to provide academic and social-emotional counseling services. 

Approved by:

Drake/Galey

Board Agenda

November 17, 2020

Attachments:
HBAS MOU
16.b.4. Approve the Coastline Regional Occupation Program (CROP) Memorandum of Understanding (MOU) for a Joint Powers Authority for Participation in the Career Technical Education Incentive Grant (CTEIG)
Recommended Motion:

It is recommended that the Board of Education approve the Coastline Regional Occupation Program (CROP) Memorandum of Understanding (MOU) for a Joint Powers Authority for participation in the Career Technical Education Incentive Grant (CTEIG).

Comments:

Background:
The purpose of the California Career Technical Education Incentive Grant (CTEIG) is to encourage new career technical education programs and maintain the delivery of the current career technical education programs during the implementation of the District's Local Control Funding Formula.

Coastline Regional Occupational Program is applying for the Career Technical Education Incentive Grant and is requesting each of the five collaborating school districts to release 10% of their 7-12 P2 Average Daily Attendance (ADA) from 2019-2020 for the purpose of determining their grant allocation award as delineated in the Memorandum of Understanding.

Current Consideration:
The current consideration is for the Board of Education to approve the Coastline Regional Occupational (CROP) Memorandum of Understanding (MOU) for a Joint Powers Authority for participation in the Career Technical Education Incentive Grant (CTEIG).

Approved by:
Drake/Vossen
Board Agenda
November 17, 2020

Attachments:
Coastline ROP MOU CTEIG
16.b.5. Approve the After-School Education and Safety (ASES) Program Grant Award for the 2020-2021 School Year
Recommended Motion:

It is recommended that the Board of Education approve the After-School Education and Safety (ASES) Program Grant Award for the 2020-2021 school year.

Financial Impact:

Grant award is not to exceed $1,187,529.47

Comments:

Background
The After-School Education and Safety (ASES) Program is funded by the State of California to provide an after-school program that will improve assistance to students and broaden the base of support for education in a safe, constructive environment.  It is the intent of ASES program legislation to encourage schools and school districts to provide safe and educationally enriching alternatives for children during non-school hours.

Current Consideration
The After-School Education and Safety (ASES) Program funds are used to support Project Kidz Connect which is offered free of charge at Adams Elementary, College Park Elementary, Killybrooke Elementary, Paularino Elementary, Pomona Elementary, Rea Elementary, Victoria Elementary, Whittier Elementary, and Wilson Elementary. Project Kidz Connect operates Monday-Friday, beginning at dismissal time and ending at 6:00 p.m.  The grant award amount is not to exceed $1,187,529.47 for the period of July 1, 2020 through June 30, 2021.

Approved by
Drake/Leary
Board Agenda
November 17, 2020

Attachments:
ASES Grant Award 20-21
16.b.6. Approve the Use of College Board Online Resources
Recommended Motion:
It is recommended that the Board of Education approve the use of College Board online resources.
Comments:

Background:
Until this year, all Advanced Placement (AP) testing was pencil/paper. In order to adapt to an online learning environment, we need to use College Board's online resources, including "AP Classroom" and "LockDown Browser".

Current Consideration:
College Board's AP Classroom allows students to access instructional resources and secure tests/quizzes online. The College Board app (LockDown Browser) can be installed on all student Chromebooks. This app improves test security by restricting student access to the internet during tests and quizzes.

CSDPA pending.

Approved by:
Drake/Mishne
Board Agenda
November 17, 2020

16.b.7. Approve Google Suites for Education Additional Services Updates
Recommended Motion:
It is recommended that the Board of Education approve Google Suites for Education Additional Services Updates
Comments:

Background:

Newport-Mesa Unified School District currently uses Google Suite for Education, which houses our teacher and student accounts and gives us access to Google tools and services. The Google Suite for Education Agreement was originally approved by the Board of Education on January 17, 2017. 

Current Consideration:

Education Services recommends the use of Google Suites for instructional reasons. (Access to teacher content, principal communications, SEL, etc.) Digital Citizenship, including appropriate use of YouTube, is a district priority and taught in class throughout the school year. 

The updated "Google Services Summary" is attached.


Approved by:
Drake/Mishne
Board Agenda
November 17, 2020

Attachments:
Google Services Summary
YouTube Notice for Children
YouTube Privacy Notice
YouTube Terms of Service
16.b.8. Approve Agreement Number 13025 with the Orange County Superintendent of Schools for Participation in the Inside the Outdoors Virtual Program for the 2020-21 School Year
Recommended Motion:
It is recommended that the Board of Education approve agreement number 13025 with the Orange County Superintendent of Schools for participation in the Inside the Outdoors Virtual Program for the 2020-21 school year.
Financial Impact:
The item has been budgeted.  Budget area: site budgets.
Comments:

Background
The Orange County Department of Education offers a variety of science virtual programs through Inside the Outdoors. The programs will be thirty (30) to seventy-five (75) minutes long for a Virtual Traveling Scientist or a Virtual Field Trip.  

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

Approved by
Drake/Suhr
Board Agenda
November 17, 2020
Attachments:
Inside the Outdoors Agreement 2020-21
16.b.9. Approve the Software Subscription for SolidProfessor
Recommended Motion:

It is recommended that the Board of Education approve the SolidProfessor software for Newport-Mesa Unified School District for a three-year subscription that expires January 2024.

Financial Impact:
Budged Item - CTE Grant $10,000.00 for three years.
Comments:

Background:
SolidProfessor is a comprehensive, customizable, e-learning platform that combines a regularly updated, searchable library of video tutorials, self-paced learning exercises, assignments, assessments, and certification participation.

Current Consideration:
The three-year participation agreement with SolidProfessor will allow the Career Technical Education engineering students to gain additional knowledge and learning in the classroom.

The California Student Data Privacy Agreement is attached.

Approved:
Drake/Vossen
Board Agenda
November 17, 2020

Attachments:
SolidProfessor CSDPA
SolidProfessor Quote
16.b.10. Approve Purchase of World Book License Subscription for Eastbluff Elementary School for the 2020-21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase of World Book License Subscription for Eastbluff Elementary School for the 2020-21 school year.
Financial Impact:
The item has been budgeted. Area: site general fund.
Comments:

Background
World Book Advanced offers all of the great resources of World Book Student plus primary source materials, World Newspapers, and thousands of informative articles. World Book Student includes engaging content, built-in features, and fun tools specifically designed to make knowledge accessible and easy-to-find for all kids in elementary through middle school. Key Features include: 40,000 encyclopedia articles and similar resources featuring clear, high-interest content; My research enables users to compile content in individualized accounts; How To Do Research features help users develop critical information literacy skills; and correlations to Common Core, state, and provincial standards.

World Book Early World of Learning is produced with advice from experts in early childhood development and education, Early World of Learning is the leading online resource for young children. It includes four beautiful, interactive learning sites designed for young learners. Important features include: Great online resource for preschoolers and children in early grades; Rich collection of educational, interactive games; Robust collection of educator resources, including an educator guide and print-and-do activities, and Correlations to Common Core, state, and provincial standards

Current Consideration
Eastbluff Elementary currently uses World Book online services, and we have found it to be an incredibly useful tool to engage our TK through 6th grade students with non-fictional text. Students utilize the features of this product to produce reports, create presentations and research subjects in support of Common Core standards. The World Book license and subscription will begin November 1, 2020 through June 30, 2021 at a cost not to exceed five hundred and twenty dollars ($520).

The California Student Data Privacy Agreement is included for approval.

Approved by
Drake/Suhr/Beck
Board Agenda
November 17, 2020


Attachments:
World Book Renewal
16.b.11. Approve the Purchase and Use of TBP Productions, LLP, dba SNO Sites for Newport-Mesa Unified School District Secondary Schools for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase and use of TBP Productions, LLP, dba SNO Sites for the Newport-Mesa Unified School District secondary schools or the 2020 - 2021 school year.
Financial Impact:
This item has been budgeted using site funds; not to exceed eight hundred fifty dollars ($850) for a one-year subscription. 
Comments:

Background:

The SNO Sites program is a Scholastic News Organization product to create, maintain, and update a website for English classes for student production. The software will provide a platform for students to publish their writing, photography, and art. It will teach students 21st-century skills regarding web development and engaging an audience.

Current Consideration:

Newport-Mesa Unified School District secondary schools will be using SNO in English classes to design the school website and post and edit articles for the school newspaper.

Schools will measure the effectiveness of this program based on community engagement with the website, including the number of readers, amount of time spent reading articles, comments left on articles, and sharing of articles on social media.

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

Approved by:

Drake/Bauermeister
Board Agenda
November 17, 2020

Attachments:
CSDPA TBP Productions, LLP, dba SNO Sites
16.b.12. Approve the Purchase and Use of Sound Trap 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 purchase and use of Sound Trap for Newport-Mesa Unified School District schools for the 2020 - 2021 school year.
Financial Impact:

The average price per seat/license is $4.91 and the agreement is a twelve month license. The total cost will vary depending on the quantity of seats/licenses purchased. Each school will submit their own purchase requisition.

Comments:

Background:

Soundtrap by Spotify was created by an eclectic team of engineers, designers and music producers who are passionate about music and technology. United by the belief that there’s a better way to create music together, Soundtrap is the best collaboration platform for making music online. Soundtrap Studio was launched in beta in 2013 as the world's first web-based, cross-platform, collaborative music recording studio. The following year, Soundtrap was featured at Google I/O in San Francisco for its ground-breaking technology and collaborative features. In 2015, Soundtrap won the AASL award "Best Website for Teaching & Learning" for its ease of use in the classroom.

Current Consideration:

Newport-Mesa Unified School District musicians will use this software to record their musical projects that they play/sing and will have the capability to share and collaborate on their musical projects with classmates and teachers. Students will learn to use sound samples and loops to create music and add layers to their compositions. Soundtrap will enable students to continue to make music even when they are not able to be together in the classroom.

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

Approved by:

Drake/Bauermeister
Board Agenda
November 17, 2020

Attachments:
Soundtrap CSDPA
16.b.13. Approve the Purchase and Use of Lucid Software, Inc. for Newport-Mesa Unified School District Secondary Schools for the 2020 - 2021 School Year
Recommended Motion:

It is recommended that the Board of Education approve the purchase and use of Lucid Software, Inc. for Newport-Mesa Unified School District secondary schools for the 2020 - 2021 school year.

Financial Impact:
This item has been budgeted, not to exceed one hundred ninety-seven dollars and ten cents ($197.10) per user per year.
Comments:

Background:

Lucid Software was created in 2010 with the introduction of Lucidchart, a platform that allows users to collaborate on drawing, revising, and sharing charts and diagrams. Lucid then created Lucidpress in 2013 for  desktop publishing software for Mac and PC. The software makes desktop publishing user-friendly by offering several templates to create brochures, flyers, newsletters, business cards, posters, magazines, and presentations.

Current Consideration:

Newport-Mesa Unified School District secondary schools will use Lucid to create graphical elements and design magazine layouts for their school's student publication. Journalism students will collaborate to create graphics, charts, and other visual elements, as well as to create and edit layouts for their digital magazine.

The California Student Data Privacy Agreement (CSDPA) is attached to this Board agenda item.

Approved by:

Drake/Bauermeister
Board Agenda
November 17, 2020

Attachments:
CSDPA Lucid Software
16.b.14. Approve the Purchase and Use of Accelerated Learning, Inc for STEMscopes for Costa Mesa High School for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase and use of Accelerate Learning Inc. for STEMscopes for Costa Mesa High School for the 2020 - 2021 school year.


Financial Impact:

This item has been budgeted, not to exceed two thousand, nine hundred fifty-five dollars ($2,955) for a 12 month subscription.

Comments:

Background:

To transition smoothly to the Next Generation Science Standards (NGSS) and improve accountability, select teachers requested 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. The Board approved the use of STEMscopes at Newport-Mesa Unified School District Middle Schools on September 15, 2020. Costa Mesa High School would like to use STEMscopes in their Biology classes.

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

Approved by:
Drake/Bauermeister/Haley
Board Agenda
November 17, 2020

Attachments:
Stemscopes Quote
16.b.15. Approve the Purchase and Use of Pearson K-12 Education MyLab Math for Early College High School for the 2020 - 2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase and use of Pearson K-12 Education MyLab Math for Early College High School for the 2020 - 2021 school year.
Financial Impact:

This item has been budgeted, not to exceed:

Trigonometry – Stand Alone Access Codes Only: $86.65/each x 8 = $693.20

Pre-Calculus – Loose-Leaf & Access Codes Package: $186.65/each x 8 = $1,493.20

Newport-Mesa Unified School District is responsible for the cost of college textbooks and materials, per the Board approved signed MOU between NMUSD and Coast Community College District.

Comments:

Background:

This Pearson K12 Education product is a web-based, interactive platform. The Coastline Community College Math Department has always requested that Early College High School students use Pearson Math Textbooks and supplemental materials for their curriculum.

Current Consideration:

Early College has been using the supplemental MyLab Math online access to complete assignments and exams online that test what they have learned in class, through studying their textbook, and through the supplemental online material they are completing.

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

Approved by:
Drake/Bauermeister/Martinez
Board Agenda
November 17, 2020

16.b.16. Approve the Subscription Renewal for Certiport Software for the 2020/21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the one-year renewal agreement between Certiport and Newport-Mesa Unified School District for the term beginning July 1, 2020 and ending June 30, 2021.
Financial Impact:
Budgeted Item - CTE Grant $8,650.00
Rationale:

Background:
Certiport is the leading provider of certification exam development, delivery and program management services.  Certiport exams are delivered through authorized testing centers, including learning materials and practice tests for career-oriented certifications.

Current Consideration:
Certiport will designate the comprehensive high schools of Newport-Mesa Unified School District as authorized testing centers for N-MUSD students.  Since certification assessments are offered online, parents waivers will be used where necessary.

Approved by:
Drake/Vossen
Board Agenda
November 17, 2020

 
Attachments:
Certiport Quote - CdMHS
Certiport Quote - CMHS
Certiport Quote - EHS
Certiport Quote - NHHS
Certiport Waiver
16.b.17. Approve the Renewal of National Student Clearinghouse StudentTracker for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal of National Student Clearinghouse StudentTracker for the 2020-2021 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, 2020 through December 1, 2021.

California Student Data Privacy Agreement (CSDPA) on file.

Approved by:
Drake/Knights
Board Agenda
November 17, 2020


Attachments:
StudentTracker Invoice
16.b.18. Approve Renewal of Naglieri Nonverbal Ability Test (NNAT3) Online Licenses for 2020-21 School Year
Recommended Motion:
It is recommended that the Board of Education approve the purchase of NNAT3 online licenses for the 2020-21 school year.
Financial Impact:
This item has been budgeted at a cost not to exceed twelve thousand dollars ($12,000). Budget area: Assessment.
Comments:
Background
All 3rd graders enrolled in a Newport-Mesa school are eligible for GATE testing. Students in grades 4-6 are also considered for testing if requested by a teacher, parent, or principal. The newest version of the Naglieri Nonverbal Ability Test (NNAT) offers an online option that is more inclusive and accessible for all students to take, and more efficient and cost-effective for teachers and staff to administer.

Current Consideration
This purchase will provide 1,140 online NNAT licenses for Newport-Mesa students, which will be administered to eligible students in grades 3-6. These licenses do not expire, and any unused licenses are able to be rolled-over to the next school year. Licenses cost $10.50 per student.

The CSDPA is signed and on file.

Approved by:
Drake/Knights
Board Agenda
November 17, 2020
Attachments:
NNAT3 Order Summary
16.b.19. Approve the Renewal of the Ages & Stages Questionnaires (ASQ) Web-Based Management System by Paul H. Brookes Publishing Company for the Early Childhood Education Program for the 2020-2021 School Year
Recommended Motion:

It is recommended that the Board of Education approve the renewal of the Ages & Stages Questionnaires (ASQ) Web-Based Management System by Paul H. Brookes Publishing Company for the Early Childhood Education Program for the 2020-2021 school year.

 
Financial Impact:

This item has been budgeted; not to exceed five hundred  dollars ($500) per year. 

Comments:

Background
The ASQ is a developmental screening tool that is used to look at a child’s development as a “snapshot in time.”  It provides scores for a child’s development of Communication, Problem Solving, Social-Emotional, Fine Motor, and Large Motor skills.  The ASQ is scored by the preschool nurse and other trained staff.  Parents are provided a summary of their child’s results.

The Early Childhood Education Program has been using this web-based software system for managing Early Childhood Education data since 2015. The information is only used by the Early Childhood Staff. 

Current Consideration
Ages & Stages Questionnaires (ASQ) is used at twelve Early Childhood Education sites.  Renewal service for ASQ Online Pro and Family Access subscription is provided for a cost not to exceed five hundred  dollars ($500) per year.  The service period is for July 1, 2020, through June 30, 2021.

California Student Data Privacy Agreement on file (expired) - renewal pending.

Approved by
Drake/Leary
Board Agenda
November 17, 2020

Attachments:
2020-21 ASQ Invoice
16.b.20. Approve Service Agreements' Register 11-17-2020
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreements' Register 11-17-2020.
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 11-17-2020 is submitted for consideration.

Approved by:
Drake/Sense
Board Agenda
November 17, 2020

Attachments:
Service Agreements Register 11-17-20
16.b.21. Approve California Student Data Privacy Agreement Register 11.17.2020
Recommended Motion:
It is recommended that the Board of Education approve California Student Data Privacy Agreement Register.
Comments:

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

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

Approved by:
Drake/Mishne
Board Agenda
November 17, 2020

Attachments:
CSDPA Register 11-17-20
16.c. Human Resources
16.c.1. Approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) Regarding Working Conditions During the 2020-21 School Year Level 2, Instructional Model
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 working conditions during the 2020-21 school year Level 2 instructional model.
Financial Impact:

This item has been budgeted.

Comments:

Background:
This MOU is a temporary agreement to address the extraordinary circumstances created by COVID-19. It does not create any precedents nor establish the status quo for future bargaining purposes and addresses the implementation of the District's Level 2 instructional model.

Current Consideration:
The MOU between NMUSD and NMFT is attached. The agreement states that the District will provide reasonable notice via email to all staff prior to the transition to a different instructional model ( e.g. Level 3 - Distance Learning, Level 2 - Hybrid, Level 1 -Traditional) but in no event less than five (5) workdays. In addition, there are provisions regarding:

  • Professional Development
  • Health and Safety Considerations
  • Level 2 – Hybrid Instructional Minutes/Instructional Formats
  • Accommodations and Leaves
  • Evaluation

Additional safety considerations will continue to be negotiated related to COVID 19 for the 2020-21 school year.

Approved By:
Olson
Board Agenda
November 17, 2020

Attachments:
NMFT NMUSD MOU Re Working Conditions 111720
16.c.2. Approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) Regarding Level 2, Instructional Model Schedule at Back Bay High School
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 Level 2, instructional model schedule at Back Bay High School.

Financial Impact:

This item has been budgeted.

Comments:

Background:
This MOU is a temporary agreement to address the extraordinary circumstances created by COVID-19. It does not create any precedents nor establish the status quo for future bargaining purposes and addresses the implementation of the District's Level 2 instructional model at Back Bay High School.

Current Consideration:
The MOU between NMUSD and NMFT is attached and provides that instructional  minutes for Back Bay High School will be configured in accordance with Article 3.2.3.1.2, 3.2.3.1.3 and Appendix D. The timeline will be waived.

The waiver vote at Back Bay High School will be conducted on October 30, 2020. The Site Leadership Team and Staff will collaborate to develop an instructional schedule following the parameters outlined for Level 2 Hybrid Model, that best fits the need of the school. Results will be certified and published no later than 4:00 PM November 2, 2020. NMFT and the District agree that this instructional schedule will only apply to the Level 2 instructional model.

If the vote fails, then the school will follow the secondary model schedule, adjusted for start and end times as well as transportation.


Approved By:
Olson
Board Agenda
November 17, 2020

Attachments:
NMFT NMUSD MOU Re Level 2 at Back Bay HS 111720
16.c.3. Approve Certificated Employees' Leave of Absence Register 11-17-20
Recommended Motion:

It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 11-17-20.

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 11-17-20 are requesting leaves of absence for the reasons indicated for the 2020-21 school year.

Approved By:
Olson/Garcia
Board Agenda
November 17, 2020

Attachments:
Certificated LOA Register 11-17-20
16.c.4. Approve Certificated Employees' Appointment/Reassignment Register 11-17-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 11-17-20.

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 11-17-20 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
November 17, 2020

Attachments:
Certificated Appointment Register 11-17-20
16.c.5. Approve Classified Employees' Resignation/Termination Register 11-17-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 11-17-20.
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
November 17, 2020

Attachments:
Classified Resignation Register 11-17-20
16.c.6. Approve Classified Employees' Leave of Absence Register 11-17-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 11-17-20.
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
November 17, 2020

Attachments:
Classified LOA Register 11-17-20
16.c.7. Approve Classified Employees’ Appointment/Reassignment Register 11-17-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 11-17-20.
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 11-17-20 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
November 17, 2020

Attachments:
Classified Appointment Register 11-17-20
16.d. Student Support Services
16.d.1. Ratify Independent Contract Service Agreement with Ponzuric Learning Solutions for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the Service Agreement for Ponzuric Learning Solutions to provide training in the area of dyslexia to special education staff.
Financial Impact:
$11,000.00
Comments:

Background:

The identification and assessment for students with dyslexia has changed in recent years.  This training provides best practice in the identification and assessment for dyslexia, as well as research-based interventions to address the reading and writing challenges that students with dyslexia struggle with. 

This training is designed for psychologists, speech-language pathologists and teachers to participate as multidisciplinary school team members.

Current Consideration:

The consultant will provide training over several days during the 20-21 school year.

Approved by:

Jocham/Barela

Board Agenda

November 17, 2020

Attachments:
Ponzuric Srvc Agreement
16.d.2. Approve the Memorandum of Understanding (MOU) Between the Newport Mesa Unified School District (NMUSD) and the Orange County Superintendent of Schools to Enact the Mental Health Services Act (MHSSA) Partnership
Recommended Motion:
It is recommended that the Board of Education approve the MOU between NMUSD and the Orange County Superintendent of Schools to enact the MHSSA partnership through 2024.
Financial Impact:
None.
Comments:

Background:

Senate Bill 82, The Investment in Mental Health Wellness Act, was passed in 2013 and provides local assistance funds to expand mental health crisis services, funding partnerships between educational and county mental health agencies and school districts, and the employment of county level student services coordinators who will organize mental health services for students and families that will focus on coordinate care.

This four-year agreement is being undertaken so that the county and the 27 school districts throughout the county can take steps to accomplish the following goals:

1. Prevention efforts to mitigate severe disabling mental illnesses.

2. Improvements to timely access to services for underserved populations

3. Outreach efforts to various stakeholder groups including, but not limited to, families, health care providers, and early interventionists.

4. Efforts to reduce the potential stigma of mental illness and discrimination against those with mental health issues.

5. Preventing negative outcomes associated with untreated or delayed interventions to address mental health issues.

Current Consideration:

Approval of this agenda item will allow the coordination and participation of the NMUSD in the MHSSA Partnership with the other 27 districts throughout the county.

Approved by:

Jocham/D'Agostino

Board Agenda

November 17, 2020

Attachments:
OCDE MHSSA MOU
16.d.3. Approve Settlement Agreement #40029260
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #40029260 pursuant to the laws of the State of California.
Financial Impact:

$49,000

Comments:

Background:

On November 3, 2020, a Settlement Agreement was reached in Case #40029260.  The Settlement Agreement provides Student with educational supports and services through a group of non-public agency providers.

Current Consideration:

The Settlement Agreement includes a waiver of all educational claims through June 30, 2021.

Approved by:

Jocham/Young

Board Agenda

November 17, 2020

16.d.4. Approve Nonpublic School/Agency Contracts for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Master Contract for these Nonpublic Schools/Agencies who will provide services as established from the Individual Educational Program.
Financial Impact:
Budgeted.
Comments:

Background:

The Special Education Local Plan Area of the Newport-Mesa Unified School District has approved Nonpublic School/Agency Master Contracts for 2020-2021 under provisions of Education Code 56565 and 56366 to provide services for special education students.

Current Consideration:

There are two new Master Contracts for Nonpublic School/Agencies for 2020-2021.

1. Cornerstone Therapies

2. NAPA Center

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

November 17, 2020

16.e. Superintendent
16.e.1. Approve Setting Board of Education Annual Organizational Meeting
Recommended Motion:
It is recommended that the Board of Education set its annual organizational meeting on Tuesday, December 15, 2020 beginning at 6:00 p.m. in the District Education Center.
Financial Impact:
Not applicable
Comments:

Background:
The provisions of Education Code §35143 require the governing board of a school district to hold an annual organizational meeting within a prescribed 15-day period. 

Current Consideration:
This year, according to the Orange County Department of Education, the prescribed 15-day period for a Board's annual organizational meeting commences with the first day of the term of office following the November election (December 11-December 25, 2020). The law also requires that the day and time of the annual organizational meeting shall be selected by the Board at its meeting held immediately prior to the first day of the 15-day period.

Approved by:
Lee-Sung
Board Agenda
November 17, 2020
Attachments:
Annual Organization Meeting Information Form 2020
Annual Organization Meeting Notice 2020
17. Discussion/Action Calendar
17.a. Approve 1.4% One-Time, Off Schedule, Salary Payment for December 1, 2019 through June 30, 2020 for NMAA
Recommended Motion:

It is recommended that the Board of Education approve a 1.4% one-time, off schedule, salary payment for the time period of December 1, 2019 through June 30, 2020 for NMAA members in lieu of one additional NR/vacation day approved by the Board of Education on October 6, 2020.

Financial Impact:
The total cost is expected to be $130,155 inclusive of all salary and benefit costs.
Comments:

Background:
Assistant Superintendent Chief Human Resources Officer, Leona Olson, met with the Newport-Mesa Administrators Association (NMAA) regarding 2019-2020 compensation  and the implementation of the Collegiate Calendar. NMAA is made up of Certificated Management, Classified Management and Confidential employees, who are unrepresented as a bargaining unit, and receive compensation per review and recommendation of the Superintendent.

A 1.4% one-time compensation for the period of December 1, 2019 though June 30, 2020 was previously approved for NMFT, CSEA and Supervisors to address the implementation of the Collegiate Calendar. For NMAA members, the Board of Education approved one additional NR day/vacation day for 2020-2021 to address the Collegiate Calendar issue. This action was taken on October 6, 2020. 

Current Consideration:
For those NMAA members who were employed as Certificated Management, Classified Management or Confidential employees from December 1, 2019 through June 30, 2020 and who are in paid status as of November 17, 2020, the Superintendent recommends a one-time, off schedule salary payment for the time period of December 1, 2019 through June 30, 2020 in lieu of the one additional NR/vacation day previously approved.

Approved By:
Olson
Board Agenda
November 17, 2020
17.b. Approve 1.4% One-Time, Off Schedule, Salary Payment for December 1, 2019 through June 30, 2020 for Executive Staff
Recommended Motion:

It is recommended that the Board of Education approve a 1.4% one-time, off schedule, salary payment for the time period of December 1, 2019 through June 30, 2020 for Executive Staff, following an oral report.

Financial Impact:
The total cost is expected to be $17,624 inclusive of all salary and benefit costs.
Comments:

Background:
Employment of executive staff member is effected by individual contracts for each between the executive and the Board of Education. All Contracts are approved by action of the Board of Education in public. The executive staff members shall receive the same increase that was provided for management employees.

A 1.4% one-time, off schedule, salary payment for the period of December 1, 2019 though June 30, 2020 was previously approved for certificated, classified, and supervisory employees. The same compensation is currently being recommended for confidential, management, and Executive Staff employees.

Current Consideration:
It is recommended that the Board of Education approve the Executive Staff, not including the Superintendent,  a 1.4% one-time, off schedule, salary payment for the period of December 1, 2019 through June 30, 2020 for the following Executive Cabinet members: 

Kirk Bauermeister, Executive Director, Secondary Education
John Drake, Assistant Superintendent, Chief Academic Officer
Annette Franco, Communications and Public Relations Officer
Tim Holcomb, Assistant Superintendent, Chief Operating Officer
Sara Jocham, Assistant Superintendent, Student Support Services/SELPA
Leona Olson , Assistant Superintendent, Chief Human Resources Officer
Kurt Suhr, Executive Director, Elementary Education
Jeff Trader, Executive Director, Chief Financial Officer

Approved By:
Lee-Sung/legal
Board Agenda
November 17, 2020

Attachments:
Executive Managment Oral Report
17.c. Approve Executive Staff Compensation and Benefits for 2020-2021
Recommended Motion:
It is recommended that the Board of Education approve the proposed Executive Staff compensation and benefits for 2020-2021 school year following an oral report.
Financial Impact:

The total cost is expected to be $22,283.23 inclusive of all salary and benefit costs.

 

Comments:

Background:
Employment of executive staff members is effected by individual contracts for each between the executive and the Board of Education. All contracts are approved by action of the Board of Education in public. The Executive staff members shall receive the same increase that was provided for management employees.

The Board of Education approved health and welfare benefits for NMFT, CSEA, NMAA and Supervisors for 2020-2021. Compensation included a 1% one-time, off schedule, salary payment for 2020-2021, effective July 1, 2020, and the monthly contribution to health and welfare benefits remain unchanged.

Current Consideration:
It is recommended that the Board approve compensation for Executive Staff, not including the Superintendent, for 2020-2021 to include a 1% one-time, off schedule, salary payment for 2020-2021, effective July 1, 2020, to be paid as soon as practical upon Board approval and the monthly contribution to health and welfare benefits to remain unchanged for the following Executive Cabinet members following an oral report:

Kirk Bauermeister, Executive Director, Secondary Education
John Drake, Assistant Superintendent, Chief Academic Officer
Annette Franco, Communications and Public Relations Officer
Tim Holcomb, Assistant Superintendent, Chief Operating Officer
Sara Jocham, Assistant Superintendent, Student Support Services/SELPA
Leona Olson , Assistant Superintendent, Chief Human Resources Officer
Kurt Suhr, Executive Director, Elementary Education
Jeff Trader, Executive Director, Chief Financial Officer

Approved By:
Lee-Sung/legal
Board Agenda
November 17, 2020
 

Attachments:
Executive Management 2020-2021 Oral Report
18. 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.
18.a. Adopt Resolution 14-11-20 Authorizing Additional District Representative Signatory for the State Eligibility Determination School Facility Program, Form SAB 50-3
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 14-11-20 authorizing the addition of Russell Lee-Sung as an authorized district representative for the State Eligibility Determination of School Facility Program, Form SAB 50-03.
Financial Impact:
Not applicable, routine impact
Comments:
Background:
With the appointment of a new Superintendent, it is necessary for the Board of Education to make a formal request for the addition of Russell Lee-Sung as an Authorized District Representative pursuant to the State Eligibility Determination School Facility Program, Form SAB 50-03.

Current Consideration
Staff recommends adoption of this resolution.

Approved by:
Holcomb/Zareczny
Board Agenda
November 17, 2020

Attachments:
Resolution 14-11-20
18.b. Adopt Resolution No. 15-11-20 Distinguished Service Award - Dana Black
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 15-11-20 Distinguished Service Award to Dana Black in honor of her exemplary 24 years of service on the Board of Education.

Financial Impact:

No fiscal impact. 

Attachments:
Res. 15-11-20 Distinguished Service Award - Black
18.c. Adopt Resolution No. 16-11-20 Distinguished Service Award - Martha Fluor
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 16-11-20 Distinguished Service Award to Martha Fluor in honor of her exemplary 29 years of service on the Board of Education.

Financial Impact:

No fiscal impact. 

Attachments:
Res. 16-11-20 Distinguished Service Award - Fluor
19. Community Input on Non-Agendized Items
19.a. Comments are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, November 17, 2020
Quick Summary / Abstract:

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.

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 comments must be submitted no later than 9:00 a.m. on Tuesday, November 17, 2020 using the following links:

English: https://forms.gle/6Qc3K6Lo1SNufj3E7  

Spanish: https://forms.gle/evH46bgHMpRwVEj88

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

Published: November 13, 2020, 2:10 PM

The resubmit was successful.