Special Meeting of the Kern High School District Board of Trustees

3 Monday, September 19, 2022 Special Meeting of the Kern High School District Board of Trustees BOARD MEMBERS: Cynthia Brakeman, President David Manriquez, Vice President J. Bryan Batey, Clerk Janice Graves, Clerk Pro Tem Jeff Flores, Member Yohanna Guzman Vargas, Student Board Member - MEETING TIME AND PLACE: Call Meeting to Order: 9:00 a.m. - Board Room Closed Session: 9:05 a.m. - Conference Room "A" Reconvene to Open Session: 9:30 a.m. Board Room Kern High School District 5801 Sundale Avenue Bakersfield, CA 93309 - AGENDAS: Special Board meeting agendas are posted at the Kern High School District at least 24 hours prior to each meeting as well as at each school site. Any materials required by law to be made available to the public prior to the meeting of the Board of Trustees of the Kern High School District can be inspected at the following address between the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday: Superintendent's Office, Kern High School District, 5801 Sundale Avenue, Bakersfield, CA 93309. - HEARING OF INDIVIDUALS ON AGENDA ITEMS: Members of the public shall have an opportunity to address the Board of Trustees either before or during the Board's consideration of each item of business to be discussed at regular or special board meetings. Each member of the public wishing to speak must fill out an "Individual Request to Address the Board of Trustees" (yellow card) prior to the start of the meeting. Each person who addresses the Board must be first recognized by the presiding officer. - SPECIAL NEEDS ACCOMMODATIONS: Assistive listening devices, agenda in Braille and/or alternative formats are available upon request. American Sign Language (ASL) interpreters, other auxiliary aids and services, or reasonable modifications to Board meeting policies and/or procedures, such as to assist members of the disability community who would like to request a disability-related accommodation in addressing the Board, are available if requested at least three business days prior to the Board meeting. Later requests will be accommodated to the extent feasible. Please contact the Superintendent's Office, Kern High School District at 661-827-3154 from 7:30 a.m. to 4:30 p.m., Monday through Friday (Government Code 54954.2). - UPON REQUEST by a student's parent/guardian, or by the student if age 18 or older, the minutes of a meeting of the Kern High School District’s Board of Trustees shall not include the student's or parent/guardian's address, telephone number, date of birth, or email address, or the student's name or other directory information as defined in Education Code 49061. The request to exclude such information shall be made in writing to the secretary or clerk of the Board. (Education Code 49073.2) These requests to KHSD should be made in writing and made to the attention of: Dr. Bryon Schaefer, Superintendent/Board Secretary, or J. Bryan Batey, Board Clerk and delivered to 5801 Sundale Avenue, Bakersfield, California 93309. For assistance or for additional information about this process or directory information please contact Graci Ashmore at (661) 827-3100. PLEASE NOTE THAT KHSD BOARD MEETINGS ARE LIVE STREAMED and written minutes are subsequently prepared. Requests to exclude a student’s or parent/guardian’s information must be received within 10 days after the board meeting. A. PRELIMINARY Subject 1. Call to Order and Roll Call Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category A. PRELIMINARY Type Procedural Cynthia Brakeman, President David Manriquez, Vice President J. Bryan Batey, Clerk Janice Graves, Clerk Pro Tem Jeff Flores, Member Ana Herron, Student Board Member File Attachments Subject 2. Adoption of Final Closed Session Agenda Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category A. PRELIMINARY Type Action Any action taken in Closed Session will be announced in Open Session and reflected in the Official Minutes . File Attachments Subject 3. Hearing of Citizens on Items Listed on Closed Session Agenda Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category A. PRELIMINARY Type Information Members of the public shall have an opportunity to address the Board of Trustees on item(s) listed on the Closed Session agenda before the Board of Trustees adjourns to Closed Session. Following recognition by the Board President, each speaker may have the floor for three minutes. Persons addressing the Board are requested to give their name and the group or organization they represent, if any, in order that an accurate record can be made in the minutes. Items not appearing on this agenda cannot, by law, be the subject of Board action. Such items may be placed on future agendas for full discussion and/or action. File Attachments Subject 4. Adjourn to Closed Session Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category A. PRELIMINARY Type Action File Attachments B. CLOSED SESSION - Conference Room "A" Subject 1. Convene in Closed Session Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category B. CLOSED SESSION - Conference Room "A" Type Closed Session Item, Procedural File Attachments Subject 2. PUBLIC EMPLOYEE ADMINISTRATIVE APPOINTMENT: Principal, Independence High School Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category B. CLOSED SESSION - Conference Room "A" Type Closed Session Action Item File Attachments Subject 3. Conference with Labor Negotiator, William Sandoval, Regarding Collective Bargaining Agreement(s) or Memorandum of Understanding (MOU's) with Employee Group(s): Kern High School Teacher's Association; California School Employees Association, Chapter 81, Unit B; California School Employees Association, Chapter 901 Police; California School Employees Association, Chapter 747, Unit A/Transportation; Laborers' International Union of North America, Local 777, Skilled Trades Union, Unit D; Laborers' International Union of North America, Local 777 Supervisors, Unit F; Kern High School District Management & Confidential Association Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category B. CLOSED SESSION - Conference Room "A" Type Closed Session Item File Attachments Subject 4. Adjournment of Closed Session Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category B. CLOSED SESSION - Conference Room "A" Type Closed Session Action Item File Attachments C. OPEN SESSION ITEMS - Board Room Subject 1. Reconvene to Open Session Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category C. OPEN SESSION ITEMS - Board Room Type Procedural File Attachments Subject 2. Adoption of the Final Agenda Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category C. OPEN SESSION ITEMS - Board Room Type Action File Attachments D. REPORT FROM CLOSED SESSION Subject 1. Closed Session Report Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category D. REPORT FROM CLOSED SESSION Type Report The Board President will report on action taken during its recently concluded closed session. File Attachments E. HEARING OF CITIZENS Subject 1. Hearing of Citizens: Members of the Public shall have an opportunity to address the Board of Trustees either before or during the Board's consideration of each item of business to be discussed at regular or special board meetings. The time allotted shall be three minutes per individual speaker, with a maximum of 15 minutes in each subject area. This time may be used to address any item on the agenda, or any matter of concern within the jurisdiction of the Kern High School District. Each person who addresses the Board must be first recognized by the presiding officer. Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category E. HEARING OF CITIZENS Type Information File Attachments F. BOARD OF TRUSTEES REPORTS, INQUIRIES AND/OR ITEMS FOR ACTION Subject 1. Board of Trustees Member Reports and/or Inquiries Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category F. BOARD OF TRUSTEES REPORTS, INQUIRIES AND/OR ITEMS FOR ACTION Type Discussion File Attachments G. DIVISION REPORTS AND ITEMS: SUPERINTENDENT'S OFFICE - Bryon J. Schaefer, Ed.D., Superintendent Subject 1. First and Final Reading for Approval to Adopt the Proposed Revisions to Board Policies and/or Board Bylaws as Recommended by District Administrative Staff and/or California School Boards Association Policy Updates - BP 0401 Nondiscrimination in District Programs and Activities; BP 1312.3 Uniform Complaint Procedures; BP 4030 Nondiscrimination in Employment; BP 4119.11/ BP 4219.11/ BP 4319.11 Sexual Harassment (staff); BP 5145.3 Nondiscrimination/Harassment; BP 5145.7 Sexual Harassment (students) Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category G. DIVISION REPORTS AND ITEMS: SUPERINTENDENT'S OFFICE - Bryon J. Schaefer, Ed.D., Superintendent Type Action It is recommended the Board of Trustees accept for a first reading and approval to adopt, the attached policy document revisions proposed in response to recommendations by District Administrative Staff and/or California School Boards Association (CSBA). Pursuant to Board of Trustees Board Bylaw 9310, staff members regularly review Board of Trustees policies, administrative regulations, and exhibits to compare them against the latest sample material from CSBA to reflect new legislation. After comparison, appropriate updates and revisions for Board Policies (BP) and/or Board Bylaws (BB) are presented for Board of Trustee consideration for appropriate action as recommended by staff. BP 0410 Nondiscrimination in District Programs and Activities BP 1312.3 Uniform Complaint Procedures BP 4030 Nondiscrimination in Employment BP 4119.11/ 4219.11/ 4319.11 Sexual Harassment (staff) BP 5145.3 Nondiscrimination/Harassment BP 5145.7 Sexual Harassment (students) A copy of the proposed Board Policies (BP) and/or Board Bylaws (BB) are attached as Public Content. File Attachments 2022-09-19 First Read and Approval BP 0410 Nondiscrimination in District Programs and Activities.pdf (202 KB) 2022-09-19 First Read and Approval BP 1312.3 Uniform Complaint Procedures.pdf (314 KB) 2022-09-19 First Read and Approval BP 4030 Nondiscrimination in Employment.pdf (200 KB) 2022-09-19 First Read and Approval BP 4119.11,4219.11,4319.11 Sexual Harassment.pdf (194 KB) 2022-09-19 First Read and Approval BP 5145.3 Nondiscrimination-Harassment.pdf (199 KB) 2022-09-19 First Read and Approval BP 5145.7 Sexual Harassment.pdf (199 KB) H. DIVISION REPORTS AND ITEMS: Instruction Division - Leo Holland, Assistant Superintendent Subject 1. No Agenda Items Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category H. DIVISION REPORTS AND ITEMS: Instruction Division - Leo Holland, Assistant Superintendent Type File Attachments I. DIVISION REPORTS AND ITEMS: Educational Services and Innovative Programs Division - Dean McGee, Ed.D., Associate Superintendent Subject 1. No Agenda Items Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category I. DIVISION REPORTS AND ITEMS: Educational Services and Innovative Programs Division - Dean McGee, Ed.D., Associate Superintendent Type File Attachments J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Subject 1. Receipt of California School Employees Association (CSEA), Chapter 81 Unit's Intent to Open Negotiations with the District for the 2022-2023 school year. Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information Pursuant to the Educational Employment Relations Act and the 2021-2024 Collective Bargaining Agreement (“CBA”) between the Kern High School District (“District”) and the California School Employees Association and its Kern High Chapter #81 (“CSEA”), CSEA submits this initial proposal to commence negotiations with the District for the 2022-2023 school year. The Letter of Intent is attached under Public Content. File Attachments CSEA Letter of Intent To Open Negotiations.pdf (94 KB) Subject 2. Introduction of the Kern High School District's Initial Proposal Regarding their Collective Bargaining Agreement with California School Employees Association (CSEA ) Chapter 81 Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information It is recommended the Board of Trustees introduce the District's Initial Proposal regarding their Collective Bargaining Agreement with California School Employees Association (CSEA), Chapter 81. Supporting Data: Agency labor Negotiator, William Sandoval will present a report to the Board of Trustees at the meeting. In accordance with District Policy and the Education Code, this proposal will be available at the schools and other work sites. The initial proposal from the Kern High School District will be provided as late material at the Board Meeting. File Attachments Subject 3. Receipt of LIUNA (Laborers International Union of North America) Skilled Trades, Unit D Local 777 Intent to Begin Reopener Negotiations to the 2021-2024 Collective Bargaining Agreement Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information Pursuant to Article XV.G of the 2021-2024 Collective Bargaining Agreement, LIUNA Local 777, representing the Skills Trades Unit D, submit a written notice of its intent to begin reopener negotiations. The Letter of Intent is attached under Public Content. File Attachments Kern HSD Reopener Request Skilled Trades Unit D.pdf (686 KB) Subject 4. Introduction of the Kern High School District's Initial Proposal Regarding their Collective Bargaining Agreement with LIUNA (Laborers International Union of North America) Skilled Trades, Unit D Local 777 Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information It is recommended the Board of Trustees introduce the District's Initial Proposal regarding their Collective Bargaining Agreement with LIUNA, Skilled Trades, Unit D, Local 777 Supporting Data: Agency Labor Negotiator, William Sandoval will present a report to the Board of Trustees at the meeting. In accordance with District Policy and the Education Code, this proposal will be available at the schools and other work sites. The initial proposal from the Kern High School District will be provided as late material at the Board Meeting. File Attachments Subject 5. Receipt of LIUNA(Laborers International Union of North America) Supervisory, Unit F, Local 777 intent to begin reopener negotiations to their 2021-2024 Collective Bargaining Agreement Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information Pursuant to Article XV.G of the 2021-2024 Collective Bargaining Agreement, LIUNA Local 777, representing the Supervisory Unit F submit written notice of its Intent to begin reopener negotiations. The Letter of Intent is attached under Public Content File Attachments Kern HSD Reopener Request Supervisory Unit F.pdf (687 KB) Subject 6. Introduction of the Kern High School District's Initial Proposal Regarding their Collective Bargaining Agreement with LIUNA (Laborers International Union of North America) Supervisory, Unit F Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Information It is recommended the Board of Trustees introduce the District's Initial Proposal regarding their Collective Bargaining Agreement with LIUNA, Supervisory, Unit F Local 777 Supporting Data: Agency Labor Negotiator, William Sandoval will present a report to the Board of Trustees at the meeting. In accordance with District Policy and Education Code, this proposal will be available at the schools and other work sites. The initial proposal from the Kern High School District will be provided as late material at the Board Meeting. File Attachments Subject 7. PUBLIC HEARING to Receive Input Regarding the (CSEA) Chapter #747, Transportation Unit's Intent to Commence Negotiations for 2022-2025 school years with the Kern High School District Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Public Hearing Recommendation: It is recommended the Board of Trustees hold a PUBLIC HEARING to receive input regarding the California School Employees Association (CSEA) Chapter 747, Transportation's Initial Proposal regarding their Collective Bargaining Agreement with the Kern High School District. Supporting Data: The California School Employees Association (CSEA) Chapter 747 Transportation presented their 2022-2025 Initial Proposal regarding their Collective Bargaining Agreement with the Kern high School District at its regular meeting of September 6, 2022. Copies of this proposal have been available at the schools and other work sites. In accordance with District policy and the Education Code, the public shall have an opportunity to express points of view regarding the proposal at a public Board Meeting. File Attachments Subject 8. PUBLIC HEARING to Receive Input Regarding the Kern High School District's Initial Proposal Regarding their Collective Bargaining Agreement with California School Employees Association (CSEA) Chapter 747, Transportation Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category J. DIVISION REPORTS AND ITEMS: Human Resources Division - William Sandoval, Jr., Assistant Superintendent Type Public Hearing Recommendation: It is recommended the Board of Trustees hold a PUBLIC HEARING to receive input regarding Kern High School District's Initial Proposal Regarding their Collective Bargaining Agreement with California School Employees Association (CSEA) Chapter 747, Transportation. Supporting Data: The Kern High School District introduced their Initial Proposal regarding the Collective Bargaining Agreement with CSEA, Ch. 747 Transportation at its regular Board Meeting of September 6, 2022. Copies of this proposal have been available at the schools and other work sites. In accordance with District policy and the Education Code, the public shall have an opportunity to express points of view regarding the proposal at a public Board Meeting. File Attachments K. DIVISION REPORTS AND ITEMS: Business Division - Michael Zulfa, Ed.D., Associate Superintendent Subject 1. Report on Kern High School District COVID Testing Policies Impacting Employees Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category K. DIVISION REPORTS AND ITEMS: Business Division - Michael Zulfa, Ed.D., Associate Superintendent Type Report Michael Zulfa, Associate Superintendent of Business will give an oral report updating the Board of Trustees and public relative to employee testing in the District. File Attachments Subject 2. Approval of Resolution of Delegation of Authority for Destruction of Non-Pupil Records Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category K. DIVISION REPORTS AND ITEMS: Business Division - Michael Zulfa, Ed.D., Associate Superintendent Type Action An oral report will be presented by Michael Zulfa, Associate Superintendent, Business. A copy of the Resolution is attached as Public Content. File Attachments Destruction of Non-Student Records Resolution.pdf (107 KB) L. CONSENT AGENDA - Items Required by Law and/or Items in Accordance with the District's Administrative Code and/or Education Code Subject 1. Approval of Consent Agenda Items - The Board will be asked to consider and approve all the following items by a single vote, unless any member of the Board or staff asks that an item be removed from the Consent Agenda and considered and discussed separately. Each item on the Consent Agenda approved by the Board shall be deemed to have been considered in full and adopted as recommended. A Board member’s affirmative vote on the Consent Agenda is considered as a separate affirmative vote in favor of each item listed. Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category L. CONSENT AGENDA - Items Required by Law and/or Items in Accordance with the District's Administrative Code and/or Education Code Type Action (Consent) File Attachments M. Consent Agenda: Superintendent's Office Subject 1. No Consent Agenda Items Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category M. Consent Agenda: Superintendent's Office Type File Attachments N. Consent Agenda: Instruction Division Subject 1. No Consent Agenda Items Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category N. Consent Agenda: Instruction Division Type File Attachments O. Consent Agenda: Educational Services and Innovative Programs Division Subject 1. Authorization to Enter into an Agreement between the Kern High School District/Bakersfield Adult School and the County of Kern Employer's Training Resource/America's Job Center of California Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category O. Consent Agenda: Educational Services and Innovative Programs Division Type Action (Consent) Authorization to Enter into an Agreement between the County of Kern, Employers' Training Resource/America's Job Center of California and the Kern High School District, Bakersfield Adult School/Culinary Arts Program. The Kern High School District and County of Kern desire to enter into this agreement whereby the Kern High School District shall conduct a Bakersfield Adult School training program at the America's Job Center of California for the purpose of education Bakersfield Adult School students. The term of the Agreement shall be July 1, 2022 through June 30, 2026. A copy of the Agreement is attached as Public Content. File Attachments Agmt Adult Ed Food Service Program AJCC.pdf (692 KB) P. Consent Agenda: Human Resources Division Subject 1. No Consent Agenda Items Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category P. Consent Agenda: Human Resources Division Type File Attachments Q. Consent Agenda: Business Division Subject 1. Approval of Excess Cyber Liability Proposal between Kern High School District and Keenan & Associates for RFP No. 2894 – Property & Liability Insurance, Claims and Risk Management Services Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category Q. Consent Agenda: Business Division Type Action (Consent) Approval of Excess Cyber Liability Proposal between Kern High School District and Keenan & Associates for RFP No. 2894 – Property & Liability Insurance, Claims and Risk Management Services. The proposal will provide excess cyber coverage through the SAFER Cyber Program for 2022-2023. A copy of the Excess Cyber Liability Proposal is attached as Public Content. File Attachments KernHSD_2023_XCS_Binder.pdf (508 KB) R. CLOSING ITEMS Subject 1. Adjournment Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category R. CLOSING ITEMS Type Procedural File Attachments S. Public Review Subject 1. All agenda item supporting documentation relating to Open Session items is available for public review at Kern High School District, 5801 Sundale Avenue, Bakersfield, CA 93309 during regular business hours, 7:30 a.m. - 4:30 p.m., Monday through Friday, following the posting of the agenda. Any supporting documentation that relates to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location. Meeting Sep 19, 2022 - Special Meeting of the Kern High School District Board of Trustees Category S. Public Review Type File Attachments