Board of Education Regular Meeting - Dec 10 2024

Board of Education Regular Meeting - Dec 10, 2024 Agenda Open Session: 4:30 PM Eugene Brucker Education Center Auditorium, 4100 Normal Street, San Diego, CA 92103 The link for the livestream will be available HEREprior to the start of the meeting.

A. Opening Ceremony

1. Call to Order, Roll Call, Establish Quorum

2. Flag Ceremony and Pledge of Allegiance The San Diego High School Army Junior Reserve Officers' Training Corps (JROTC) will present the colors.

3. Land Acknowledgement BACKGROUND: On February 27, 2024, the board adopted a Resolution to include a Land Acknowledgement on all regular meeting agendas.

What is a Land Acknowledgment? A Land Acknowledgement is a formal statement that recognizes and respects Indigenous peoples as traditional stewards of a given geographic area and the enduring relationship that exists between Indigenous Peoples and their ancestral territories. Within the City of San Diego, we recognize the land as Kumeyaay.

Why is a Land Acknowledgment important? Recognizing the land is a practice that honors and respects contemporary Indigenous peoples’ connection to their land since time immemorial. A Land Acknowledgment is a way to express gratitude and appreciation for those whose territory one resides or works on. From an Indigenous perspective, it is important for people to understand the history that brought them to the land and that people seek to comprehend their place within that history. This is especially important since most Indigenous peoples were dispossessed of their lands through deceptive processes. The land San Diego Unified currently occupies, for example, was never legally ceded by Kumeyaay people through treaty or sale. Most Indigenous people consider colonialism as a current and ongoing process. Land Acknowledgments serve to build mindfulness and awareness of colonialism, both past and present. Acknowledging the land is also a common protocol practiced by Indigenous peoples and allies worldwide.

The following San Diego Unified land acknowledgement was developed in partnership with the Kanap Kuahan Coalition, which also worked with the City of San Diego to develop their land acknowledgement.

San Diego Unified Land Acknowledgement The following land acknowledgement will be read or shown on video at the beginning of all School Board meetings. It was developed in partnership with the Kanap Kuahan Coalition, which also worked with the City of San Diego to develop their land acknowledgement.

We respectfully acknowledge that the Kumeyaay people are the original inhabitants and caretakers of these lands, now known as San Diego. Despite the attempted genocide and ongoing impacts of colonization, the Kumeyaay spirit remains unbroken and their traditions continue to thrive as they carry the memories of their ancestors who bravely resisted cultural erasure and fought to protect their land and way of life. In honoring their legacy, we pledge to uphold their cultural heritage and right to safeguard their sacred connection to the land for future generations. With gratitude and strength, we stand with the Kumeyaay, embracing the past while forging a brighter tomorrow.

VIDEO

B. Adoption of Agenda

C. Recognitions, Proclamations, and Student Advisory Board Report

1. Student Advisory Board Report Receive Student Advisory Board Report

D. Report of Closed Session Actions, Administrative Assignments and Superintendent's Information Report

1. Report on Closed Session

2. Administrative Assignments

3. Superintendent's Information Report

E. Student Instructional Matters

1. First Reading of 2025-26 Title I Eligibility Ranking Report FISCAL IMPACT: $25,000,000 BUDGET STRINGS AND BUDGET SOURCES: N/A CONSULTATION WITH BOARD ADVISORY COMMITTEE: The report and process was introduced and discussed at the December 4, 2024, DAC Executive Committee Meeting. The entire District Advisory Council (DAC) on Compensatory Education is scheduled to discuss the Title I Ranking process and allocations at its December 18, 2024 meeting. BACKGROUND: The Elementary and Secondary Education Act (ESEA) of 1965, was reauthorized on December 10, 2015, as the Every Student Succeeds Act (ESSA). Title I, which is one of several programs under ESSA, provides funding to schools to be used to help disadvantaged children meet challenging academic standards. The law intends that the funds go to the districts and schools with the highest poverty concentrations. Title I requires funding to be allocated to a district based on the number of students who qualify for Title I funding who reside within each district’s boundary. The federal census is used to identify these children, ages five through 17, who live in poverty and are included in the calculation of Title I entitlement. The proposal of the 2025-26 Title I Ranking report allocates Title I funding to all district schools with a 2024-25 Low-Income Criteria of 40 percent or higher. This report represents a Title I base allocation to sites of $25 million, an increase of $1.3 million from the projected 2024-25 Title I funding due to the following factors: A preliminary increase of 2,360 Low-Income students and an increase of approximately 2% points in Low-income students district-wide. Three new schools entered Title I status for 2025-26: Ericson Elementary, Salk Elementary, and Henry High School. No schools fell below the 40% threshold and need a one-year extension. The per-student Title I allocation amount is $627.00 per eligible student for a school at 99 percent Low-income results, and the district continues to use the formula to decrease the per-student amount by $5.50 for every one percent drop in percentage count to 40 percent. The total 2025-26 Title I entitlement is projected to be approximately $38,000,000.00. TITLE I RANKING Preliminary FY 25-26 Board DOC 120224 MMS.pdf Title I Presentation For FY26 -December 10 2025 Board meeting.pdf Title I Presentation For FY26 -December 10 2025 Board meeting (2).pptx

F. Collective Bargaining, Personnel Matters, and Student Discipline

1. Approval of Student Expulsions Students who are expelled will be required to complete a specific plan of rehabilitation. This plan may include, but not necessarily be limited to, counseling, employment, community service, making restitution, making appropriate apologies, and completing other rehabilitative programs.

2. Approval of Student Readmits

3. Approval of Human Resource Services Division Recommendations for Revised Position Descriptions FISCAL IMPACT: $14,309.29 BUDGET STRINGS AND BUDGET SOURCES: General Funds IMPACT TO DISTRICT STAFFING: None. The recommendations are an adjustment based on the current salary/pay additives of the incumbents in the classification. CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: A well-written position description gives the reader an understanding of the basic and essential functions as well as the requisite knowledge, skills, and abilities required to perform successfully in the position. By updating position descriptions, we are able to clearly define the roles and interactions, and enhance the efficiency of the organization. As part of the district’s obligation to maintain the classification plan and in response to requests from the bargaining units, management team, and recommendations from the joint labor-management Reclassification Committee, the Human Resource Services Division regularly provides recommendations for new and revised position descriptions. The bargaining process has been completed for the applicable position descriptions presented in this item. Translator-Intepretor Supervisor_Revised_Draft_11-14-24.pdf Translator-Intepretor Supervisor_Clean_Draft_11-14-24.pdf Cataloging Specialist_Clean_Draft 2024-11-18.pdf Cataloging Specialist_Revised_Draft 2024-11-18.pdf

G. Board Consent Agenda

1. Approval of Proposed Schedule of Board of Education Meetings: July through December 2025 FISCAL IMPACT: None. PRIOR YEAR FISCAL IMPACT: None. IMPACT TO DISTRICT STAFFING: None. CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: The board traditionally adopts a six-month schedule of regular meetings, at least six months in advance. Special meetings of the board are called and noticed as needed. DRAFT Schedule of Public Meetings Jul-Dec 2025.pdf

2. Adoption of Resolution in the Matter Recognizing December 2024, as Disability Awareness Month (Hazan/Barrera) BACKGROUND: Special Education Day marks the anniversary of the nation’s first federal special education law, signed by President Gerald Ford on December 2, 1975. Special Education Day began in 2005, marking the 30th anniversary of the Individuals with Disabilities Education Act (IDEA) the California Department of Education encourages the recognition of December 2nd as National Special Education Day. The International Day of Persons with Disabilities is December 3rd of each year, on which people from countries worldwide participate in various ways to recognize the accomplishments of people with disabilities. Approximately 16,100 students with disabilities are enrolled in the San Diego Unified School District, which represents 16.9 percent of its student population. San Diego Unified recognizes the importance that words matter and from here on will use language that puts the person before the disability. San Diego Unified values all students with and without disabilities and recognizes all students have a right to engage in learning, benefit from meaningful instruction, have friends and be active members of their school communities. Public schools must support ALL students, children and young adults with disabilities, while providing essential services that empower students to achieve their full academic potential. San Diego Unified promotes inclusion, belonging, and thriving; we believe that all students with a disability are general education students first and deserve access to all school programs and activities. Special Education Day and International Day of Persons with Disabilities are a time to celebrate students with disabilities in San Diego Unified School District and their families, teachers and school/district administrators. Resolution Disability Awareness Month, 12-10-2024.pdf

H. District Operational Matters

1. Approval of Fiscal Year 2024-25 First Interim Financial Report (Education Code Section 42130) and Resolution in the Matter of Intent to Declare Positive Certification at First Interim and Identify the Amount of Budget Solutions Needed for Fiscal Years 2025-26 and 2026-27 FISCAL IMPACT: The district's Fiscal Year 2024-25 Unrestricted General Fund, First Interim Report depicts a projected positive ending fund balance of $102.4 million, with a decrease in fund balance of $102.8 million. This financial report was developed using various assumptions and projections, as highlighted in the exhibits. The 2024-25 total General Fund Restricted and Unrestricted ending balance is $313.2 million. For 2025-26 and 2026-27, it is projected that the district will need to implement budget solutions of $112.7 million in 2025-26 and $210.6 million in 2026-27. Fiscal Year 2024-25 Unrestricted General Fund indicates a positive ending fund balance of $102.4 million. PRIOR YEAR FISCAL IMPACT: The district's Fiscal Year 2023-24 Unrestricted General Fund, First Interim Report depicted a projected positive balance of $81.4 million, with a decrease in fund balance of $81.7 million. The 2023-24 General Fund Restricted and Unrestricted ending balance was $368.3 million. BUDGET STRINGS AND BUDGET SOURCES: N/A CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: On June 25, 2024, the board adopted the Fiscal Year 2024-25 budget under the single budget adoption cycle. On September 10, 2024, the board approved the 2023-24 Unaudited Actuals Financial Report.

California Education Code section 42130 requires that the Board of Education approve the First Interim Report of the district's budgetary status as of October 31, on or before December 15. The board is also required to certify to the State that the district's projected financial condition at this point is one of the following: a) Positive Certification - will be able to meet its financial obligations for the current and two subsequent fiscal years b) Qualified Certification - may not meet its financial obligations for the current and two subsequent fiscal years c) Negative Certification - will be unable to meet its financial obligations for the remainder of the current year or the subsequent fiscal year First Interim Budget Presentation 12.10.24_.pdf First Interim Budget Presentation 12.10.24_.pptx 2024-25 SDUSD SACS 1st Interim 12-10-24 FINAL.pdf Resolution First Interim 12-10-24.pdf

2. Acceptance of Report of Final Cost Information for the Issuance and Negotiated Sale of $100,000,000 of Proposition S General Obligation Bonds of San Diego Unified School District FISCAL IMPACT: None. IMPACT TO DISTRICT STAFFING: None. CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: At an election held on November 4, 2008, the district sought authorization under Proposition S to issue general obligation bonds in an amount of up to $2.1 billion. Proposition S was approved by more than 55 percent of the district's eligible voters voting on the proposition. Proceeds from the sale of bonds are to be used by the district for the specific school facilities projects set forth in Proposition S. On August 27, 2024, the board authorized the issuance and negotiated sale of not to exceed $100,000,000 of Proposition S bonds. Good faith costs of issuance and repayment costs of the bonds were presented to the board at that time by its Municipal Advisor. The bonds were successfully sold and issued on November 13, 2024 at an aggregate True Interest Cost ("TIC") of 4.07 percent for tax exempt bonds and 4.92 percent for taxable bonds. Details of the bonds issued and the cost information are presented in the Attached Exhibit. SDUSD 2024 GOs_Prop S Series O_Final Numbers.pdf

3. Acceptance and Approval of External Auditor Annual Financial Statements for Fiscal Year 2023-24 FISCAL IMPACT: None. BACKGROUND: On January 28, 2020, the board approved an Agreement with Crowe, LLP to continue providing professional financial auditing services for the district and bond programs for a term of January 1, 2020, through December 31, 2023. On June 21, 2022, the board ratified the First Amendment to the Agreement to provide non-audit consulting services related to the implementation of Governmental Accounting Standards Board Pronouncement 87 (GASB 87). On October 25, 2022, the board approved the Second Amendment to increase the number of sites to be tested for attendance, unduplicated pupil count testing, instructional time, school accountability report card and teacher misassignment testing due to State Audit Guide requirements of 20 percent site coverage and four additional State Compliance areas required for testing due to the 2022 State Audit Guide related to the fiscal year ending June 30, 2022. On November 14, 2023, the board approved the Third Amendment to allow Crowe, LLP to continue providing professional auditing services for one year; thereby revising the original term to January 1, 2020 through December 31, 2024, and adding $277,000.00 for a new total not to exceed amount of $1,197,000.00 for the Agreement. Crowe, LLP, the district's external auditor, has completed an in-depth examination of the Annual Financial Statements for Fiscal Year 2023-24. Crowe, LLP met with the Audit and Finance Committee on December 2, 2024, to present the draft report; it was approved with no additional changes. The Audit and Finance Committee will subsequently forward a commentary to the Board of Education. Both the Chairperson of the Audit and Finance Committee and a senior auditor from Crowe, LLP will be available to address the board on December 10, 2024. The audited financial statements confirm that the district is fiscally sound, as defined by the State Controller's Office, with a closing Fiscal Year 2023-24 General Fund balance of $500,232,767. Audit Committee Letter to the Board 12-10-2024.pdf SDUSD-District-FS-Secured Final.pdf

4. Acceptance and Approval of External Auditor Financial and Performance Audit Reports for Proposition S and Z, Measures U and YY; Fiscal Year 2023/24 FISCAL IMPACT: None. BACKGROUND: On November 4, 2008, the voters of San Diego County approved, by more than the required 55 percent favorable vote, Proposition S, authorizing the issuance and sale of general obligation bonds, not to exceed $2,100,000,000.00. On November 6, 2012, the voters of San Diego County approved, by more than the required 55 percent favorable vote, Proposition Z, authorizing the issuance and sale of general obligation bonds, not to exceed $2,800,000,000.00. On November 6, 2018, the voters of San Diego County approved, by more than the required 55 percent favorable vote, Measure YY, authorizing the issuance and sale of general obligation bonds, not to exceed $3,500,000,000.00. On November 8, 2022, the voters of San Diego County approved, by more than the required 55 percent favorable vote, Measure U, authorizing the issuance and sale of general obligation bonds, not to exceed $3,200,000,000.00. The passage of Proposition 39 in November 2000, amended the California Constitution to include accountability provisions. Specifically, the district must conduct an annual independent performance audit to ensure that funds have been expended only on the specific projects listed in the bond project list, as well as an annual independent financial audit of the proceeds from the sale of the bond until all proceeds have been expended for facilities projects. Jeff Jensen of Crowe LLP shared the results of the Fiscal Year 2023-24 Performance and Financial Audits with the Independent Citizens' Oversight Committee on November 14, 2024. In its financial audit, Crowe LLP found that the district's financial statements "present fairly, in all material respects, the financial position of the Propositions S and Z and Measure YY General Obligation Bonds activity, of San Diego Unified School District, as of June 30, 2024, and the changes in its financial position for the year then ended in accordance with accounting principals generally accepted in the United States of America." This is the highest opinion that can be bestowed on the financial statements of a school bond program. In its performance audit, Crowe LLP found that "in all significant respects, San Diego Unified School District met the objectives listed . . . and expended Propositions S and Z and Measure YY General Obligation Bond funds for the year ended June 30, 2024, only for the specific projects developed by the District's Governing Board and approved by the voters, in accordance with the requirements of Proposition 39, as specified by Section 1(b)(3)(C) of Article XIIIA of the California Constitution." This is the highest opinion that can be bestowed on an operational performance of a school bond program. For the sixteenth consecutive year the district's capital bond program has received the highest opinion auditors can offer for both its financial and performance audits. SDUSD-Prop S - Z and Measure U and YY-FS-Secured Final.pdf SDUSD-Prop S - Z and Measure U and YY-PerfAudit-Secured Final.pdf

5. Ratification of Agreement with Phase II Systems dba Public Agency Retirement Services (PARS) to Provide Administrative Management Services for a District Supplementary Early Retirement Plan (SERP) FISCAL IMPACT: To be determined when SERP window closes. PRIOR YEAR FISCAL IMPACT: None. IMPACT TO DISTRICT STAFFING: A sufficient number of eligible employees must enroll in a retirement incentive plan. If sufficient participation is not reached, the district may withdraw the retirement incentive. A report of applications submitted will be presented to the Board of Education for final review and action on the retirement plan by January 28, 2025. If the district withdraws the retirement incentive, resignations may be rescinded. District staff will support efforts with SERP workshops and orientation. BACKGROUND: The district agrees to move forward on a SERP for eligible employees in order to mitigate the effect of the layoffs for 2025-26 fiscal year. Prior to implementation, this plan and any corresponding MOUs must be approved by the County Office of Education. Upon implementation of the Plan associated with this Agreement, the district will on the first business day of July, of each year (up to 5 years) of this Agreement starting in July 2025, deposit sufficient funds to fund the required annual Plan contributions. The district agrees to pay an ongoing administration fee equal to three and one-quarter percent (3.25%) of all premiums made by the district on behalf of Participants in the subject Plan. Fees will be billed to the Custodian as contributions are made by the district, and it will be the responsibility of the Custodian to pay those fees from the custodial assets of the Plan. Said payment of fees by the Custodian shall be made after July 1 of each year of this Agreement. If the district decides to proceed with the formal offering of the Plan to potential enrollees, but decides to cancel the Plan after all orientations, workshops, and post analyses have been completed, then it is the responsibility of the district to pay Consultant a one-time fee equal to $75,000.00, plus applicable postage costs. The fee will be billed to the district upon notice of cancellation of the Plan and it will be the responsibility of the district to pay this fee. Fees for services beyond the scope of this Agreement will be charged at Consultant's hourly rate at the time services are performed. Before any such services are performed, Consultant will provide the district with written notice of the subject services, terms, and an estimate of the fees. PS25-0668-19 PARS and SDUSD_Signed by Legal_12-6-24.pdf

6. Acceptance of Report of Final Cost Information for the Issuance and Negotiated Sale of $320,000,000 of Measure U Bonds and $350,000,000 of Measure YY Bonds of San Diego Unified School District FISCAL IMPACT: None. IMPACT TO DISTRICT STAFFING: None. CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: At an election held on November 6, 2018, the district sought authorization under Measure YY to issue general obligation bonds in an amount of up to $3.5 billion. Measure YY was approved by more than 60 percent of the district's eligible voters. Proceeds from the sale of bonds are to be used by the district for the specific school facilities projects set forth in Measure YY. At an election held on November 8, 2022, the district sought authorization under Measure U to issue general obligation bonds in an amount of up to $3.2 billion. Measure U was approved by more than 55 percent of the district's eligible voters. Proceeds from the sale of bonds are to be used by the district for the specific school facilities projects set forth in Measure U. On August 27, 2024, the board authorized the issuance and negotiated sale of not to exceed $320,000,000 of Measure U bonds and not to exceed $350,000,000 of Measure YY bonds. Good faith costs of issuance and repayment costs of the bonds were presented to the board at that time by its Municipal Advisor. The Measure U and Measure YY bonds were successfully sold and issued on September 18, 2024 at an aggregate True Interest Cost (“TIC”) of 3.86 percent for Measure U and 3.82 percent for Measure YY. Details of the bonds issued and the cost information are presented in the Attached Exhibit. SDUSD 2024 GOs (YY&U) - FINAL NUMBERS Update for Series B CAPI - Copy.pdf

7. Adoption of Resolution in the Matter of Emergency Waiver – Public Project Resulting from the August 15, 2024 Variable Refrigerant Flow (VRF) System Failure at Patrick Henry High School – REQUIRES UNANIMOUS APPROVAL FISCAL IMPACT: None. Fiscal impact associated with companion item I.25. CONSULTANT WITH BOARD ADVISORY COMMITTEE: Not applicable. BACKGROUND: On August 15, 2024, the Physical Plant Operations (PPO) department responded to a Variable Refrigerant Flow (VRF) failure at Patrick Henry High School. Temporary cooling units were installed until the condensing units could be repaired. Due to the complexity of the task, it was determined that a specialized contractor was required to repair the VRF condensing units. Trane U.S. Inc., CSLB License# 1066318, was contacted and provided a quote for the repair. The total cost to repair eight VRF condensing units and related site work is a not-to-exceed value of $400,000. This work will be completed immediately to repair the VRF units. California Public Contract Code, section 20113(a), states, in part, that in an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the board may, by unanimous vote, with the approval of the county superintendent of schools, do either of the following: (1) Make a contract in writing or otherwise on behalf of the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids. (2) Notwithstanding Section 20114, authorize the use of day labor or force account for the purpose. (3) Nothing in this section shall eliminate the need for any bonds or security otherwise required by law. Waiver Resolution_Patrick Henry HS.pdf SDCOE Emergency Waiver Request_Patrick Henry HS_SDCOE Approved.pdf

8. Public Hearing and Approval to Grant to San Diego Gas & Electric Company a Permanent Easement and Right-of-Way for Electric Transmission and Distribution Facilities on a Portion of District-Owned Real Property at America’s Finest Charter School Site; REQUIRES 4 VOTES

FISCAL IMPACT: None BUDGET SOURCE: N/A IMPACT TO DISTRICT STAFFING: None CONSULTATION WITH BOARD ADVISORY COMMITTEE: N/A BACKGROUND: On November 12, 2024, the Board of Education adopted a resolution declaring its intention to grant an easement to San Diego Gas & Electric Company (SDGE) for electric transmission and distribution facilities at district-owned America’s Finest Charter School site (Attachment 1). This resolution (Attachment 2) approving the grant of said permanent easement (Attachment 3) is necessary to allow safe construction of the new building to meet OSHA requirements. To facilitate safe construction, SDGE will remove existing power lines on the east side of the project along 45th Street and serve district property underground from the southeast corner of the school site. Attachment 1 . Resolution of Intent to SDGE at Americas Finest Charter . BOE approved Nov 12 2024.pdf Attachment 2 . Resolution to Grant Easement to SDGE at Americas Finest Charter . BOE Dec 10 2024.pdf Attachment 3 . Easement to SDGE at Americas Finest Charter School . BOE Dec 10 2024.pdf

9. Acceptance of County Registrar of Voters Certified Election Results for November 5, 2024, General Election BACKGROUND: The November 5, 2024, general election ballot included three trustee areas for the Board of Education of the San Diego Unified School District, sub-districts A, D, and E, and an election amendment for the Board of Education, Measure C. The County Registrar of Voters has certified the official November 5, 2024 election results as attached. The board is required to accept the official results of the November 5, 2024 General Election. Official Election Results Nov 2024.pdf Results Certification Nov 2024.pdf

10. Ceremonial Swearing In of Elected Board Members Sabrina Bazzo, Sub-District A, Richard Barrera, Sub-District D, and Sharon Whitehurst-Payne, Sub-District E (Item Will Be Heard at the Beginning of the Meeting) BACKGROUND: Trustees Barrera, Bazzo and Whitehurst-Payne were officially sworn in on December 2, 2024 at 10:00 a.m. in accordance with the San Diego City Charter, Article VI.