Regular Meeting of the Board of Education

2 Wednesday, February 28, 2024 Regular Meeting of the Board of Education Fremont Unified School District Education Center Board Room 4210 Technology Drive, Fremont CA 94538 February 28, 2024 Closed Session, 4:30 PM - Regular Meeting, 6:30 PM ------ PLEASE TAKE NOTICE: This Board meeting will be held in-person and allow the opportunity for members of the public to observe the Board meeting via Live Stream or view the Board Meeting via Fremont Comcast Cable, channel 26 (and 1084). The public live-stream link is located on this page and will be posted online at https://fremontunified.org/about/board/board-meeting-live-stream-video/. PUBLIC COMMENT: Written public comment will continue to be accepted in advance of the meeting, from those attending in person and from individuals participating remotely during the live meeting. Public Comment during Closed Session, Open Communication and Agendized Items will be accepted during the live Board meeting. If you wish to provide public comment, please complete a speaker card located at the entrance to the meeting room. Speaker cards for public comment on any agendized item will be accepted prior to the item being called by the Board President. Although the Board President may seek additional information, participation in debate on any item before the Board shall be limited to the Board and staff. For additional information on how to provide public comment from a remote location, please see Guidelines for Public Comment during Closed Session and Agendized Items under the Library tab. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act (ADA) and upon request, Fremont Unified School District may furnish reasonable auxiliary aids and services to qualified individuals with disabilities. Individuals who require appropriate alternative modification of the agenda in order to participate in Board meetings are invited to contact Patty Sandoval at (510) 659-2542 by noon on the Monday preceding the schedule board meeting. 1. OPENING ACTIVITIES- 4:30 P.M. Subject 1.1 Call Meeting to Order Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 1. OPENING ACTIVITIES- 4:30 P.M. Type Procedural Guidelines for Public Comment during Open Communication, Closed Session and Agendized Items for Board Meetings. Click Here to Stream the Board Meeting Live BOARD FOCUS GOALS Goal 1: Reduce the achievement gap Goal 2: Ensure Measure E is implemented as planned and develop a Facilities Master Plan Goal 3: Support personnel development to assist student learning Goal 4: Improve communications across the district Goal 5: Demonstrate responsible fiscal stewardship Goal 6: Develop Government Handbook BOARD COMMITMENTS Start meetings on-time and keep breaks on-time; Scheduling items for effective flow; Complete research, preparation and reading before the meeting; Keep comments and questions succinct; Have board president offer thanks (to presenters) for the entire board; Give presenters a set amount of time to speak, remind them and enforce respectful limits. File Attachments 2. APPROVAL OF AGENDA Subject 2.1 Approval of the Board Agenda for February 28, 2024 Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 2. APPROVAL OF AGENDA Type Action/Vote Recommended Action Approve the Board of Education Agenda. File Attachments Motion & Voting Approve the Board of Education Agenda. Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 3. OPEN COMMUNICATIONS - ITEMS LISTED FOR CLOSED SESSION Subject 3.1 Open Communications for Closed Session Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 3. OPEN COMMUNICATIONS - ITEMS LISTED FOR CLOSED SESSION Type Information Guidelines for Public Comment during Open Communication, Closed Session and Agendized Items for Board Meetings. File Attachments 4. CLOSED SESSION - 4:30 P.M. Subject 4.1 Closed Session Agenda Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 4. CLOSED SESSION - 4:30 P.M. Type The Board of Education will meet in Closed Session prior to the regular meeting to consider items listed in this agenda. If a Second Closed Session is necessary, the Board will adjourn following the open meeting. Any action taken in the Second Closed Session will be reported at the end of the Second Closed Session. 4.1.A Conference with Legal Counsel - Existing Litigation (Gov. Code 54956.9(d)(1)) - One Case OAH Case No. 2024020056 4.1.B Public Employee Discipline/Dismissal/Release, (Government Code Section 54957) 4.1.C Discuss and Give Direction to Labor Negotiator, CJ Cammack, et. al regarding FUDTA, SEIU, FSMA, CSEA File Attachments 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Subject 5.1 Pledge of Allegiance Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Type Procedural File Attachments Subject 5.2 Roll Call - Board Trustees Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Type Procedural Roll Call: Trustee Zhang, President Trustee Sweeney, Vice President Trustee Jones, Clerk Trustee Coco, Member Trustee Prasad, Member Student Member Ananya Balaji File Attachments Subject 5.3 Introduction of Staff Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Type Procedural Administrative Staff CJ Cammack, Superintendent Daniel Hillman, Associate Superintendent Leticia Salinas, Assistant Superintendent, Instruction Zack Larsen, Assistant Superintendent, Human Resources Patty Sandoval, Executive Assistant to the Superintendent and Board of Education File Attachments 6. REPORT OUT CLOSED SESSION Subject 6.1 Report on Action taken in Closed Session Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 6. REPORT OUT CLOSED SESSION Type File Attachments 7. COMMUNITY LEADERSHIP Subject 7.1 Superintendent Report Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 7. COMMUNITY LEADERSHIP Type Information Acknowledgement of Young Authors Winners/Video File Attachments Subject 7.2 Student Member Report Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 7. COMMUNITY LEADERSHIP Type Information File Attachments 8. CONSENT CALENDAR Subject 8.1 Consent Calendar Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 8. CONSENT CALENDAR Type Action (Consent) Recommended Action Take action to approve the Consent Calendar These items are generally considered to be routine and appropriate for consent. If there are any questions about an item, that item will be removed from the Consent Calendar and considered at the end of the agenda under "Items Pulled From Consent Calendar". Consent Items are considered Action items unless otherwise stated. File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 9. CONSENT CALENDAR - BOARD OF EDUCATION Subject 9.1 Minutes of the February 14, 2024 Regular Meeting of the Board of Education Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 9. CONSENT CALENDAR - BOARD OF EDUCATION Type Action (Consent), Minutes Recommended Action Approve the Minutes of the February 14, 2024 Regular Meeting of the Board of Education. Minutes View Minutes for Feb 14, 2024 - Regular Meeting of the Board of Education File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 9.2 Say Something Anonymous Reporting System Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 9. CONSENT CALENDAR - BOARD OF EDUCATION Type Action (Consent) Recommended Action The Board is asked to approve a Memorandum of Understanding with the Sandy Hook Promise for the “Say Something Anonymous Reporting System” beginning in July, 2024 through June 30, 2027. Background Sandy Hook Promise (SHP), the nation's leading school violence prevention organization, launched the Say Something Anonymous Reporting System in 2018 to provide a way for students to submit secure and anonymous safety concerns. The Sandy Hook Promise Foundation will educate Fremont Unified School District students about Say Something Anonymous Reporting System (SS-ARS). Say Something Anonymous Reporting System teaches students how to look for warning signs, signals and threats, especially in social media, from individuals who may want to hurt themselves or others and to Say Something to a trusted adult or by using the Anonymous Reporting System (Application, Website or 24/7 Crisis Telephone Line) to get them help. Sandy Hook Promise Foundation will provide support, activities and framework to embed SS-ARS into a new or existing student club and provide ongoing awareness materials. At it January 31, 2024 Board Meeting, staff presented an overview of the product to the Board for its consideration. Staff has gained d istrict leadership and Union leads support for this program. Further, the program will also be supported by the City of Fremont Chief of Police as he and his team have reviewed this program and believe it aligns with and supports the public safety objectives. Current Status This evening, we are bringing forward a Memorandum of Understanding with the Sandy Hook Promise for the “Say Something Anonymous Reporting System”, a program which provides services at no cost to the District. The Board is asked to approve the a Memorandum of Understanding with the Sandy Hook Promise for the “Say Something Anonymous Reporting System” beginning in July, 2024 through June 30, 2027. Policy Implications The agenda item is consistent with BP 5161, Student Safety. Prepared by CJ Cammack, Superintendent File Attachments SHP-FremontUSD_MOU_02.28.24 BOE Meeting.pdf (644 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Subject 10.1 The Arts and Music in Schools (AMS) Funding Guarantee and Accountability Act for Elementary Schools, Preschool and Middle Schools Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Approve all Elementary Schools, Glankler/Rix Early Learning Center and all Middle Schools proposed plans under Proposition 28 - The Arts and Music in Schools (AMS) Funding Guarantee and Accountability Act, for the 2023-24 school year. Background On November 8, 2022, California voters approved Proposition 28: The Arts and Music in Schools (AMS) Funding Guarantee and Accountability Act. The measure required the state to establish a new, ongoing program supporting arts instruction in schools beginning in 2023-24. On June 27, 2023, Governor Gavin Newsom signed into law Senate Bill 115, the Arts and Music in Schools-Funding Guarantee and Accountability Act. The legislation allocates 1% of the kindergarten through twelve (K-12) portion of the Proposition 28 funding guarantee provided in the prior fiscal year, excluding funding appropriated for the AMS education program. Local educational agencies (LEAs) with 500 or more students are required to expend at least 80% of AMS funds to employ certificated or classified employees to provide arts education program instruction. The remaining funds must be used for training, supplies and materials, and arts educational partnership programs, with no more than 1% of funds received to be used for an LEA's administrative expenses. Each school determines which program or programs it will offer. School administrators, in collaboration with educators, families, and students worked together to make the choice that best serves students in their local school community. These plans are to be approved each year by the School Site Council at each site and by the local Board of Education. They are visible to the public on the following district webpage: Proposition 28 Plans . Current Status All Elementary Schools, Glankler/Rix Early Learning Center and all Middle Schools have proposed a Proposition 28 plan. The goal of Proposition 28 is to provide an educational environment that is conducive to learning and includes supplemental visual and performing arts (VAPA). Staff recommends that the Board of Trustees approve all Elementary Schools, Glankler/Rix Early Learning Center and all Middle Schools proposed plans under Proposition 28 - The Arts and Music in Schools (AMS) Funding Guarantee and Accountability Act, for the 2023-24 school year. Policy Implications This action is consistent with Chapter 5.1 of Part 6 of Division 1 of Title 1 of the California Education Code. Prepared by: Robin Sehrt, Director of Elementary Education and Jesus Jimenez, Director of Secondary Education File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 10.2 Approve the Staff-Recommended English Language Arts Curriculum for Grade 6 Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Fiscal Impact Yes Dollar Amount $335,000.00 Budgeted Yes Budget Source Lottery Recommended Action Approve the staff-recommended English Language Arts curriculum for grade 6. Background The adopted English Language Arts (ELA) curriculum for grades K-6 has been Benchmark Advance since the last ELA adoption in 2015. This provided a vertically aligned core ELA curriculum for our elementary students, supporting familiarity with the program's structure and digital platform. Since the initial adoption, FUSD has gone through a phased-out middle school conversion plan, moving grade 6 from the elementary level to the secondary level. History Social-Science, math, and science curriculum adoptions all span grades 6-8. English Language Arts is the final piece of the core middle-school curriculum with a separate publisher for grade 6. Current Status As this school year, 2023-24, was the first year after the middle school conversion was completed, the Curriculum & Instruction Department engaged with grade 6 ELA and ELD teachers to provide them with the choice to keep Benchmark Advance as the core grade 6 ELA curriculum or to move into HMH Collections, which is the current ELA curriculum for grades 7-12. An informational session was held in October 2023 with representatives from each middle school's grade 6 ELA department to share with them the strengths and limitations of continuing with Benchmark Advance or moving into HMH Collections. All grade 6 ELA, ELD, Core Support, and SDC teachers were provided with a demo account access, and four (4) sets of print copies were sent to each middle school grade 6 ELA department to review HMH Collections. Teachers were given from October 2, 2023 - January 26, 2024, to review HMH Collections and compare with the Benchmark Advance. A recommendation for adoption survey was shared with teachers on January 23, 2024, and closed on February 2, 2024, which collected individual teacher choices. After much consideration, the grade 6 ELA, ELD, SDC, and Core Support teachers overwhelmingly recommend to the Board, HMH Collections (2017, HMH) as the grade 6 ELA curriculum. This adoption aligns 6th grade with the current HMH Collections 7th-8th adoption through the 2027-2028 school year. There is a small savings delta should this item be approved when compared with the cost of renewing the current 6th grade ELA curriculum (Benchmark). Staff asks that the Board approve the staff-recommended English Language Arts curriculum for grade 6 for three (3) years. Policy Implications The proposed action is consistent with the existing Board of Education Policy and Administrative Regulations 6161.1 Selection of the Instructional & Library Materials. Prepared by: Corey Brown, Director of Curriculum & Instruction File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 10.3 Approve Study Trips Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Approve study trips as listed. Background Board Policy and Administrative Regulation 6153 define these study trips requiring Board approval. Overnight trips comply with all Alameda County and State of California requirements put in place to ensure protections from COVID-19. The Kennedy High School overnight trip to the CIF State Wrestling Championship is taking place on February 21-25 and is being brought forward as a formality. Per Board Policy, the Board delegates the authority to the Superintendent to approve athletic study trips for overnight play-offs, semi-final and final championship games. Current Status There are four (4) study trips currently needing Board approval. Irvington High School (1) Kennedy High School (1) Mission San Jose High School (1) Hopkins Middle School (1) Staff recommends approval of the study trips. Policy Implications This proposed action is consistent with Board Policy 6153. Prepared by: Jesus A. Jimenez, Director of Secondary Education File Attachments Overnight Trips for Board Approval 2023-2024 - February 28, 2024.pdf (52 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 11. CONSENT CALENDAR - FINANCE/FACILITIES Subject 11.1 Consideration of Approval of Disposal of District Owned Personal Property Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Authorize the adoption of Resolution No. 025-2324, Disposal of District Owned Personal Property. Background Education Code, Section 17456 states that if the Governing Board, by unanimous vote of those members present, finds that the property, whether one or more items, does not exceed the value of two thousand, five hundred dollars ($2,500), it may be sold at private sale without advertising, by a District employee empowered for that purpose by the Board; the property may be donated to a charitable organization, or it may be disposed of in a public disposal facility. Current Status Staff requests Board authorization to adopt Resolution No. 025-2324 for Disposal of District Owned Personal Property. This item is beyond it's length of service, beyond economical repair, and replacement parts are not readily available. This item is no longer serviceable to the District. The District owned personal property as described in Resolution No. 025-2324 is for the following item: Department Item Description Appraisal Value (If Applicable) Asset Number Instructional Services Elementary Ed. Shredder 51828 Policy Implications Education Code, Section 17546 - Disposal of Property Prepared by: Dena Palmer, Purchasing Director File Attachments Resolution for Disposition of Personal Property No. 025-2324 (Feb.28).pdf (56 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.2 Consideration of Approval of Contracts and Purchases Over $25,360 Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Fiscal Impact Yes Budgeted No Budget Source Multiple Budget Sources Recommended Action Authorize staff to execute contracts and purchases over $25,360. Background All contracts and purchases over $25,360 are routinely brought to the Board for approval. Copies of the contracts are available to the Board and public upon request. Current Status The below list consists of contracts and purchases over $25,360. Vendor Description Contract/Quote Amount Funding Source Instructional Services Goin’ Rogue Purchase of PE Uniforms for Hopkins MS Quote $32,213.37 Hopkins Site Funds Stepping Stone Mental Health Services. Original contract approved at 11/15/23 Board meeting. This is for the addendum only. Contract with Robertson - Addendum Adding Vista $76,170.00 - Total $72,578.00 Robertson $3,592.00 Vista Title I Funds Lexia Learning Systems LLC Approve the amendment of LETRS Professional Training with Lexia Learning Systems LLC Quote Virtual Component $6,500.00- adding New Contract Amount $84,297.78 Title I Funds Policy Implications This proposed action is consistent with existing Board of Education Policy 3301 Prepared by: Daniel Hillman, Associate Superintendent File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.3 Approval of New and Closed Positions Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Fiscal Impact Yes Budgeted No Budget Source General Fund Recommended Action Approve of new and closed positions. Background Staff frequently analyzes and assesses the staffing needs across the district. As a result, position changes are requested to meet the requirements of existing programs. Position changes are first brought forth to the Executive Cabinet for review and approval, and then to the Board for review and approval. Current Status Mid-Year Staffing Changes: Fund 01 - General Fund Notes Job Classification Action FTE Unrestricted - Estimated Budget (including Statutory Benefits) Personnel Tech - HR Department Close 1.0 -$115,940 Close vacant personnel tech to open HR analyst. HR Analyst - HR Department New 1.0 $139,478 Close vacant personnel tech to open HR analyst. Total Projected Cost $23,537 Staff recommends that the Board approve the new and closed positions as requested by the departments and school sites. Policy Implications The agenda item follows our internal policy and procedures of receiving board approval on all new and closed FTEs. Prepared by: James Arcala, Director of Budget File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.4 Comprehensive School Safety Plan (CSSP) Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent), Information Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Background Each school in California is required to adopt a Comprehensive School Safety Plan ( CSSP ) annually by March 1st and submit it to the school district or the County Office of Education, in accordance with Education Code Sections 32280-32289. The CSSP addresses safety concerns through a systematic planning process by a school safety committee, which typically consists of the principal, certificated and classified staff, and parent volunteers. Current Status All FUSD schools have submitted their 2023-2024 CSSPs using Document Tracking Services and Hour Zero. The Board is asked to approve the Comprehensive School Safety Plans (CSSPs) approved by FUSD Schools' School Site Council. Policy Implications Ed Code 32280-32289 Prepared by : Rowena Cowan, Risk Management Manager File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.5 Ratify the Allowance Expenditure Directive for the Modernization Project at Kennedy High School Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Fiscal Impact No Dollar Amount $39,329.25 Budgeted Yes Budget Source Fund 21 Measure E Bond Program Recommended Action Ratify the allowance expenditure directive (AED) with Rodan Builders (Rodan) for the Modernization project at Kennedy High School. Background On June 3, 2014, the voters of Fremont approved the $650 million Measure E general obligation bond initiative, under the requirements of Proposition 39 (2000) the School Facilities Local Vote Act. The scope of the bond work includes upgrading and repairing neighborhood schools by updating technology and aging classrooms; upgrading electrical wiring to current safety codes; fixing or replacing leaky roofs, aging plumbing and restrooms; removing asbestos; and repairing, constructing and acquiring equipment, classrooms, sites, and facilities. When awarding the contract to Rodan Builders the Board also approved the budget for the project which included a project contingency allowance. This contingency allowance was established to facilitate the processing of potential change orders by district staff and the project team up to a certain dollar amount. Once approved, potential change orders via allowance expenditure directives (AEDs) are to be presented to the Board for ratification in order to officially update the construction contingency allowance used. Unless otherwise noted, the AEDs presented in this item are covered under the existing project budget as shown in the tables below. In most cases, the work outlined in the following change orders has already been completed. Current Status AEDs #1-5 were previously approved by the Board. The details of AED #6 is attached to this item for reference. The table below summarized the allowance expenditure directives by type. This is a ratification rather than an approval. The Board delegated the allocation of these funds to District staff as part of the original project budget approval. AED# Owner Request Unforeseen Condition Contract Document Error Contract Document Omission Other AED Total AED #6 $39,329.25 $39,329.25 Total $39,329.25 $39,329.25 Contract Total Amount Previously Applied Current Amount Balance Remaining Contingency $2,829,000.00 $824,053.45 $39,329.25 $1,965,617.30 Staff requests the Board ratify AED #6 for the Kennedy High School project in the amount of $39,329.25. These costs will be paid from the contracted contingency allowance as noted above and will not impact the overall project budget. No additional funds are required at this time. Policy Implications Board Policy 3301 - Delegation of Authority Prepared by: Adam Lint, Director of Facilities & Construction File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.6 Approve Second Read of New Board Policy (BP) and Administrative Regulation (AR) 3270 Sale and Disposal of Books, Equipment and Supplies; Revised BP/AR 3440 Inventories; Retire BP/AR 3260, Sale and Disposal of Books, Equipment and Supplies Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Approve Second Read of New Board Policy (BP) and Administrative Regulation (AR) 3270 Sale and Disposal of Books, Equipment and Supplies; Revised BP/AR 3440 Inventories; Retire BP/AR 3260, Sale and Disposal of Books, Equipment and Supplies. Background Board Policies are periodically reviewed and updated to reflect changes to current language, laws, and practices. Current Status Updates to Board Policies (BP) and Administrative Regulations (AR) should reflect changes to the Education Code current laws, codes and regulations. The first read of the new BP/AR 3270, Sale and Disposal of Books, Equipment and Supplies, and revised BP/AR 3440 Inventories; and retire BP/AR 3260, Sale and Disposal of Books, Equipment and Supplies was approved at the February 14, 2024 Board meeting with no changes requested. Below is a summary of the updates and proposed actions: Adopt Replace Rationale BP/AR 3270 Sale and Disposal of Books, Equipment and Supplies BP/AR 3260 Sale and Disposal of Books, Equipment and Supplies Update language to align with current laws and regulations Revise Rational BP/AR 3440 Inventories Update language to align with current laws and regulations Staff recommends the Board approve the second read of new BP/AR 3270, Sale and Disposal of Books, Equipment and Supplies, and revised BP/AR 3440 Inventories; And, retire BP/AR 3260, Sale and Disposal of Books, Equipment and Supplies. Policy Implications The proposed action is in alignment with BP 9310, Development, Distribution, Maintenance of Board Policies, Administrative Regulations, and Board Bylaws. Prepared by : Dena Palmer, Director of Purchasing File Attachments Policy 3270_ Sale And Disposal Of Books_ Equipment And Supplies.docx.pdf (71 KB) Regulation 3270_Sale and Disposal of Books, Equipment and Supplies.docx.pdf (79 KB) Policy 3440_Inventories.docx.pdf (78 KB) Regulation 3440_Inventories.docx.pdf (114 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 12. CONSENT CALENDAR - HUMAN RESOURCES/COLLECTIVE BARGAINING Subject 12.1 Approve Certificated Personnel Actions Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 12. CONSENT CALENDAR - HUMAN RESOURCES/COLLECTIVE BARGAINING Type Action (Consent) Recommended Action Approve certificated personnel actions. Background All personnel activities including new hires, resignations, Assistant Superintendent approved leaves, and retirements are routinely submitted for Board approval. Current Status The activities summarized on the attached worksheet reflects recommended action on certificated personnel actions. Policy Implications All assignments, or changed assignments, and actions conform with Board Policy and the Collective Bargaining Agreement (CBA). Prepared by: Zachary Kahn, Director, Certificated Personnel File Attachments Certificated Personnel Actions_02.28.24.pdf (14 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 12.2 Approve Classified Personnel Actions Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 12. CONSENT CALENDAR - HUMAN RESOURCES/COLLECTIVE BARGAINING Type Action (Consent) Recommended Action Approve classified personnel actions. Background The Board of Education has delegated authority to the District staff to take certain actions on its behalf related to Classified Personnel activities such as appointments, change of status, resignations, requests for leaves and retirement. All such actions must conform to the Rules and Regulations of the Classified Services as established by the Fremont Unified School District Personnel Commission. Current Status The activities summarized on the attached page(s) reflect recommended action on classified personnel activities. Policy Implications All assignments and changes conform to Board Policy and Personnel Commission Rules. Prepared by: Angela Bianchini, Executive Director, Human Resources File Attachments Classified_Personnel_Actions_02.28.24.pdf (37 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 12.3 Approve Athletic Coaches Spring 2024 Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 12. CONSENT CALENDAR - HUMAN RESOURCES/COLLECTIVE BARGAINING Type Action (Consent) Recommended Action Approve recommended Athletic Coaches for Spring 2024 Background All personnel activities, including new hires to various athletic coaching positions, are routinely submitted to the Board of Education for approval. Current Status The activities summarized on the attached spreadsheets reflect recommended actions on spring athletic coach personnel hires. The summary is derived from the "District Paid Coaches Name Confirmation" memo, submitted and approved by site Principals for Board approval. Policy Implications All assignments, or changed assignments, conform with Board of Education Policy and are consistent with requirements of our Collective Bargaining Agreements. Prepared by: Zachary Kahn, Director, Certificated Personnel File Attachments Athletic Coaches_02.28.24_Spring.pdf (24 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 13. SCHOOL SPOTLIGHT Subject 13.1 Blacow Elementary School Showcase Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 13. SCHOOL SPOTLIGHT Type Presentation, Recognition, Report Background At its March 22, 2023 Board of Education Meeting, the Fremont Unified School District's Board approved the creation of a new school spotlight to showcase its respective work while reflecting the perspectives of students, staff, and families. At each meeting, one school will present to the Board a brief presentation highlighting the school's accomplishments, areas of focus, unique characteristics, student perspective, and parent/guardian and community perspective. We invite the school community to attend the meeting. Schools will be scheduled at the beginning of the year and rotated through meeting cycles. Showcases would not be planned for Board Meetings taking place when schools are not in session or during the immediate start/end of the instructional year. (June, July, August). Current Status The presentation and information will be provided by: Blacow Elementary School Showcase File Attachments Blacow Showcase Presentation.pdf (5,561 KB) 14. ITEMS PULLED FROM CONSENT CALENDAR 15. OPEN COMMUNICATIONS Subject 15.1 Open Communications begins at approximately 7:00-7:30 p.m. Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 15. OPEN COMMUNICATIONS Type Information Guidelines for Public Comment during Open Communication, Closed Session and Agendized Items for Board Meetings. File Attachments 16. REGULAR AGENDA ITEMS Subject 16.1 Receive Presentation for Board Discussion on Recess Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Discussion, Information, Presentation Background Senate Bill 291 was signed into law in October of 2023 with the requirements of: Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public school: Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors Recess shall comply with a pupil’s individualized education program or pupil’s plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) A pupil shall not be denied recess by a member of the school’s staff unless the pupil’s participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupil’s peers. The intended outcomes of SB 291 was to increase the amount of unstructured play students engaged in and to eliminate the loss of recess for disciplinary reasons. Current Status In consultation with legal and staff review of SB291, this applies to schools that currently offer recess which for Fremont Unified School District, this would apply to our elementary schools so this would not apply to our middle schools or high schools. Additionally, legal counsel has confirmed that the 30 minute requirement is cumulative for each day, not per session. We have conducted an analysis and based upon our review we are in compliance with the law and changes would not be mandated to comply with the new law. Today's presentation is for the Board to review, discuss and provide direction on next steps. Policy Implications None Prepared by: Leticia Salinas, Assistant Superintendent, Instructional Services; Robin Serht, Director of Elementary Education; Jesus Jimenez, Director of Secondary Education File Attachments Recess Presentation_Feb 28 2024.pdf (693 KB) Subject 16.2 Adopt Resolution 024-2324 to Decrease the Number of Classified Employees Due to Lack of Work and/or Lack of Funds Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Recommended Action Adopt Resolution 24-2324 to Decrease the Number of Classified Employees Due to Lack of Work and/or Lack of Funds Background Education Code sections 45114, 45117, 45298 and 45308 permit the Governing Board to reduce or discontinue classified services and terminate the employment of affected classified employees not later than the beginning of the following school year due to lack of work and/or lack of funds. The Governing Board of the Fremont Unified School District ("District") has determined that it shall be necessary to reduce or discontinue the classified positions of the District as described herein no later than the beginning of the 2024-2025 school year due to a lack of work and/or lack of funds. Current Status Due to lack of work and/or lack of funds, it shall be necessary at the end of the 2023-2024 school year to reduce or discontinue the classified positions as outlined in the attached resolution, pursuant to Education Code Section 45117. Classified management positions: Bond Director and Bond Construction Manager, both positions reflected on the resolution are vacant and no staff member will be affected by this reduction. The Community School Coordinator (1.0 FTE) and Bond Project Stabilization Specialist (1.0 FTE) will result in layoffs with staff being afforded 39-month reemployment rights. Classified positions: Data Specialist (1.0 FTE), Instructional Paraeducator (0.75 FTE) positions are being discontinued, resulting in layoffs. The School Attendance Clerk is being reduced from 1.0 FTE to 0.75 FTE, resulting in a 0.25 FTE layoff, and the Community Liaison position is being reduced from 1.0 FTE to 0.50 FTE, resulting in a 0.50 FTE layoff. Staff who are reduced or displaced will be afforded 39-month reemployment rights. The District reviewed the reductions with CSEA and FSMA. Staff recommend to approve Resolution Number 024-2324 to decrease the number of classified positions due to lack of work and/or lack of funds and to initiate a reduction in classified employee services pursuant to Education Code sections 45114, 45117, 45298 and 45308. Policy Implications This policy is consistent with Education Code 45117 and the Collective Bargaining Agreement. Prepared by: Angela Bianchini, Executive Director Human Resources File Attachments Classified Layoff resolution_28Feb2024.pdf (73 KB) Motion & Voting Adopt Resolution 24-2324 to Decrease the Number of Classified Employees Due to Lack of Work and/or Lack of Funds Motion by Larry Sweeney, second by Vivek Prasad. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 16.3 Adoption of Resolution No. 026-2324 Declaring the District’s Membership in Sourcewell Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Adopt Resolution No. 026-2324 Declaring the District's Membership in Sourcewell. Background Pursuant to the Joint Powers Act, California Government Code section 6500 et seq., public agencies within the State of California may enter into joint powers agreements ("JPA") to exercise powers common to them, including the power to procure equipment, materials and supplies. Sourcewell, formerly known as National Joint Powers Alliance, is a service cooperative and public agency established and authorized by the laws of the State of Minnesota, offering cooperative procurement solutions to its government entity members, including K-12 and higher education entities located in contracts to vendors for products and services. Members of Sourcewell may then use these master contracts for products and services for their own procurement needs. The District would like to avail itself of the competitively bid contracts made available through Sourcewell, by becoming a member of Sourcewell, in order to reduce its costs of Procurement. Current Status District staff requests that the Board of Trustees (Board) adopt the Resolution Declaring the District's Membership in Sourcewell. The Resolution will authorize the District's duly authorized agents to execute and deliver any necessary or appropriate documents to carry out the intent of the Resolution, to work with qualified vendor(s) to develop proposals for procurement of products through the Sourcewell contracts provided that such agreements are brought back to the Board for approval, and to take any actions deemed necessary to protect the best interests of the District. Policy Implications Board Policy 3324 - Contracts Prepared by Adam Lint, Director of Facilities & Construction File Attachments Board Resolution No. 026-2324 Declaring District's Membership in Sourcewell.pdf (72 KB) Motion & Voting Adopt Resolution No. 026-2324 Declaring the District's Membership in Sourcewell. Student Board Member Balaji votes in favor of the item. Motion by Dianne Jones, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 16.4 First Read of Revised Board Policy (BP) and Review New Administrative Regulation (AR) 1330 Use of School Facilities; Retire BP 1332 Facilities Available; BP 1334 Use of Facilities Procedures for Non-School Youth Sports Programs; And BP 1336 Facility Use Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Approve first read of Revised Board Policy (BP) and review new Administrative Regulation (AR) 1330 Use of School Facilities; Retire BP 1332 Facilities Available; BP 1334 Use of Facilities Procedures for Non-School Youth Sports Programs; and Retire BP 1336 Facility Use. Background Board Policies are periodically reviewed and updated to reflect changes to current language, laws and practices. Board Policy 1332 Facilities Available was established in 1983. Board Policy 1334 Use of Facilities Procedures for Non-School Youth Sports Programs was established in 1993 and Board Policy 1336 Facility Use was established in 2001. Board Policy 1330 Use of School Facilities was last revised in 2011. Current Status Updates to Board Policies (BP) and Administrative Regulations (AR) should reflect changes to the Education Code current laws, codes and regulations. Below is a summary of updates and proposed actions. Approve Revised BP/New AR Rationale BP/AR 1330 Use of School Facilities Updated Language to align with District current practices. Retire Rationale BP 1332 Facilities Available; BP 1334 Use of Facilities Procedures for Non-School Youth Sports Programs; BP 1336 Facility Use No Legal requirements for separate policies on Use of School Facilities. Revised BP 1330 to include updated language on Facilities Use. Staff recommends the Board approve the first read of revised BP 1330 and review new AR 1330 Use of School Facilities and retire BP 1332 Facilities Available, BP 1334 Use of Facilities procedures for Non-School Youth Sports Programs and BP 1336 Facility Use. Policy Implications The propsed action is in alignment with BP 9310, Board Bylaws, Board Policies Prepared by: Daniel Hillman, Associate Superintendent File Attachments BP 1330_ Use Of School Facilities_1st Read_2.28.24.docx.pdf (102 KB) AR 1330_ Use Of School Facilities_1st Read_2.28.24.pdf (272 KB) 1334CommunityUseofSchoolFacilities_Retire_2.28.24.pdf (68 KB) 1332_FacilitiesAvailable_Retire_2.28.24.pdf (59 KB) 1336FacilityUse_Retire_2.28.24.pdf (121 KB) Motion & Voting Approve first read of Revised Board Policy (BP) and review new Administrative Regulation (AR) 1330 Use of School Facilities; Retire BP 1332 Facilities Available; BP 1334 Use of Facilities Procedures for Non-School Youth Sports Programs; and Retire BP 1336 Facility Use. Amendment to add suggested language and updates to editorial changes by trustees. Student Board Member Balaji votes in favor of the item. Motion by Vivek Prasad, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 16.5 First Read of Board Policy (BP)/Administrative Regulation (AR) 3580, District Records; Retire Administrative Regulation (AR) 3000, Concepts And Roles Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Feb 28, 2024 Absolute Date Feb 28, 2024 Recommended Action Approve First Read of revised BP/AR 3580, District Records; And, retire AR 3000, Concepts And Roles. Background Board Policies are periodically reviewed and updated to reflect changes to current language, laws and practices. Board Policy (BP)/Administrative Regulations (AR) 3580, District Records was established in 2016. BP 3000, Concepts and Roles was established in 2017 and AR 3000, established in 1986. Current Status Updates to Board Policies (BP) and Administrative Regulations (AR) should reflect changes to the Education Code current laws, codes and regulations. There are no changes to Board Policy 3580, District Records, nor are there changes to BP 3000, Concepts And Roles, however below is a summary of updates and proposed actions to both Administrative Regulations AR 3580 and AR 3000. Approve Revised AR Rationale AR 3580 District Records Updated Language to align with the California School Boards Association (CSBA) model. Retire Rationale AR 3000 Concepts And Roles This AR is redundant of BP 3000 which already aligns with California School Boards Association (CSBA) model. Staff recommends the Board approve the first read of revised AR 3580, District Records and retire AR 3000, Concepts And Roles. Policy Implications The propsed action is in alignment with BP 9310, Board Bylaws, Board Policies Prepared by: Daniel Hillman, Associate Superintendent File Attachments AR 3580 District Records_1st Read.pdf (200 KB) AR 3000 Concepts and Roles_Retire_1st Read.pdf (12 KB) BP 3000 Concepts and Roles_1st Read.pdf (7 KB) BP 3580 District Records_1st Read.pdf (191 KB) Motion & Voting Approve First Read of revised BP/AR 3580, District Records; And, retire AR 3000, Concepts And Roles. Student Board Member Balaji votes in favor of the item. Motion by Larry Sweeney, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 17. ITEMS PULLED FROM CONSENT CALENDAR - AFTER REGULAR AGENDA 18. GOVERNMENT PLANNING Subject 18.1 G1 Board Reports Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 18. GOVERNMENT PLANNING Type Information File Attachments Subject 18.2 G2 Calendar Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 18. GOVERNMENT PLANNING Type Information All Board Public Meetings to start at 6:30 p.m., unless otherwise noted. 2023-2024 Board Meeting Dates File Attachments 2023-2024 Board Planning Calendar.pdf (98 KB) Subject 18.3 G3 Meeting Evaluation Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 18. GOVERNMENT PLANNING Type Information File Attachments 19. ADJOURNMENT Subject 19.1 Adjourn Meeting Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 19. ADJOURNMENT Type Procedural File Attachments Subject 19.2 Americans with Disabilities Act (ADA) Information Meeting Feb 28, 2024 - Regular Meeting of the Board of Education Category 19. ADJOURNMENT Type Information In compliance with the Americans with Disabilities Act (ADA) and upon request, Fremont Unified School District may furnish reasonable auxiliary aids and services to qualified individuals with disabilities. Individuals who require appropriate alternative modification of the agenda in order to participate in Board meetings are invited to contact Patty Sandoval at (510) 659-2542 by noon on the Monday preceding the schedule board meeting. File Attachments