12-01-15 Special School Board Meeting - Study Session

SIMI VALLEY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION MINUTES OF THE SPECIAL BOARD MEETING DECEMBER 1, 2015 CALL TO ORDER The regular meeting of the Board of Education was called to order by President OPEN SESSION White at 5.33 p.m. in the Educational Services Center located at 875 E. Cochran Avenue, Simi Valley, CA 93065. PRESENT Board Members: Scott Blough, Bill Daniels, Debbie Sandland and Dan White Staff Members: Dr. Jason Peplinski, Superintendent Ron Todo, Associate Superintendent, Business & Facilities Dan Houghton, Assistant Superintendent, Personnel Services Hani Youssef, Assistant Superintendent, Educational Services APPROVAL OF MSC, Sandland/Daniels, (4/0/1), the Board approved the agenda. THE AGENDA Motion #713 Vote: Ayes: Daniels, Sandland, Blough, White Noes: None Absent: Collins Abstained: None MINUTES MSC, Daniels/Blough, (5/0), the Board approved the Minutes of the 11-17-15 Regular Board Meeting, November 17, 2015 as presented. Motion #714 Vote: Ayes: Daniels, Sandland, Blough, White Noes: None Absent: Collins Abstained: None COMMUNICATIONS: PUBLIC Clerk of the Board Blough reported that no blue cards (individuals requesting to COMMENTS speak to the Board) were received. There were no yellow cards (individuals stating their opinion and not wanting to speak to the Board) received. At this point in the meeting visitors and employee organizations may address items that are NOT on the agenda) PUBLIC Information Regarding the Educator Effectiveness Funding Plan and Budget HEARING (posted on November 20, 2015) No discussion open and closed 5:34-5:35 STUDY Trustee White began the Study Session by stating what has transpired since the SESSION request by a majority of Simi Valley Unified School District Board Members for information in regards to exploring additional legal services for the district. An RFP was developed and posted to notify legal firms and/or consultants of an opportunity to submit a proposal to the Simi Valley Unified School District Staff, creating a pool of resources. The criteria included: 1. Objective 2. Instructions 3. Scope of Services

4. Contents for Proposals 5. Selection Criteria Upon evaluation of all submitted proposals, three firms deemed most qualified to provide the requested legal services were invited to present their qualifications and respond to questions from panel members. With the addition of legal counsel, or use of legal consultants, added resources will create the opportunity for Simi Valley Unified School District Board Members and Administrative Staff to utilize alternative legal resources in addition to the current legal firms being used. Trustee White invited the legal firms to share their presentations. During and after each presentation the board members were able to ask direct questions: 1. Garcia, Hernandez, Sawhney, & Bermudez, LLP Presented by Bonifacio Mr. Garcia Garcia, Esq. (founder), Nitasha K. Sawhney, Esq. (general counsel K-12) and Al Erkel, Esq.(Sr. Litigator) “We are a team of premier legal professionals, strengthened by diversity, and passionately committed to making a meaningful difference in our clients’ businesses, communities and lives.” Some of the points made were: • Specializes in representing public school districts throughout the State • Was founded in 2006 • Is a majority woman and minority owned law firm • Has offices in Glendale, San Diego and Oakland • Every attorney in the firm graduated from a top tier law school, as defined by the 2015 U.S. News and World Report ranking of top laws schools. • Our attorneys are distinguished leaders in their various communities, and we have a policy, practice and record of expending significant legal resources on a pro bono basis First rate minds and first rate hearts • Delivering first rate results. • Our firm has particular expertise in providing outside General Counsel Services to school and community college districts. • These services include all aspects of public school governance, administration and operations, including: Labor and Employment & Collective Bargaining, Student Matters, Real Estate & Construction , Public Meetings • Listed Current Education Clients (school district) • Listed the contacts that will be able to serve our district and gave a brief explanation of their expertise. • Human Resource Expertise • Labor Negotiations/Collective Bargaining Experience/Training • Litigation Experience

Questions: • Trustee Daniels – what would be the firm’s role in collective bargaining? Mr. Garcia responded that the role is that we can sit at the table; train the administrative team. Prepped and Strategies…Will deal with the mediators. Ms. Sawhney, help support negotiation team (market data); developing communications. • Trustee Blough – percentage of wins (settlement vs. trial). Mr. Garcia responded we win a lot. The best battle won is the battle not fought. • Trustee Sandland – If the board acts as a body (if individuals board members call for advise) how do you answer a question for all board members and/or Superintendents. Mr. Garcia responded, it is the culture of each district; the law says if we give one member data we share it with all. But each issue could have a different response. (Total confidentiality) We feel that the Board has trust in their Superintendent. Ms. Sawhney stated that we will follow the direction of the board; but will support the success of the Superintendent. 2. Fagen, Friedman & Fulfrost, LLP • Carlos Villegas – partner; specializes in Charter Schools, Governance & Leadership, Labor & Employment, and Litigation • Unique – we are a full service education law firm – Education Law is the only focus of their firm • Majority of our team have been teachers prior to becoming attorneys, Mr. Villegas then gave a brief description of the in- house attorneys. • The firm is sensitive of the goals – partnering with the school districts. • Focus on Preventative Law with 75 attorneys – clients can expect immediate resources/responses. • Cost conscience – bill in 1/10th of an hour increments • Mr. Howard Fulfrost specializes in Special Education work (and currently works with SVUSD/Sean Goldman) • Mr. James Fernow specializes in Labor Negotiations • Ms. Kerrie McNally specializes in Labor, Governance and Litigation • Mr. Mark Williams specializes in Business, Facilities & Real Estate, eMatters and general counsel for SELPA, in technology procurement Mr. Williams has worked with Phil Scrivano; also worked with VCOE – privacy issues. Questions:  Trustee White – how would the firm support a variety of issues and what are the firm’s core strengths and skills. Mr. Fulfrost responded, we just don’t have a bunch of attorneys, we have

industry leaders which are incredible lawyers. Our firm did solar work in school districts (facilities). Mr. Mark Williams, in respect to bond construction campaigns, assisted in about $5 billion worth of bond construction; the firm’s expertise goes from the beginning to the end.  Trustee White - how do you help districts be fiscally responsible when it comes to Bond expenditures? Mr. Mark Williams responded, by choosing the right contractor (by rigorous prequalification and you mean it); that alone will save a lot of money. Furthermore, leave enough money in construction administration; keep designs simple, making sure the architect stays away from elaborate designs, and joint use (cities love to share libraries, gymnasiums). In terms of construction, there are all kinds of agreements; and those need to be written well.  Trustee Blough – what do you think our challenges are as a district? Mr. Carlos Villegas stated declining enrollment. He did state giving increases helps attract quality personnel. Ms. Kerrie Mc Nalley responded that declining enrolment has the trickledown effect on all departments. Mr. Mark Williams responded, the challenge all districts will have in the near future is: “how will we effectively put technology in the classroom, using good learning management contracts, and technology is the great leveler of districts. Mr. Jay Fernow responded, finances are a challenge, the LCFF doesn’t always allow placing funding where needed.  Trustee Daniels – what would the firm’s role in the district look like? Mr. Jay Fernow stated, we will take direction from the board, assisting the district when there is a need; for example, interest based approach to bargaining. Mr. Howard Fulfrost added, the firm gets involved with the community, we get to know the district (schools, staff, family and students).  Trustee White – have you ever worked on getting rid of the merit system? Mr. Howard Fulfrost responded that the firm has represented both sides, pro and against the merit system.  Trustee White – can you make the merit system more effective? Mr. Howard Fulfrost responded, yes, with more communication, building better relationships, more communication, and establishing the roles of each stakeholder.  Trustee Sandland – thanked them for their previous work with the district. 3. Myers, Widders, Gibson, Jones & Feingold, LLP (6:55-7:25 pm) • Monte Widders, Senior Member, General Council; Special Counsel for the disposition of property. • Started the firm in 1971 (in Ventura; some work in L.A. and Santa Barbara Counties)

• All attorneys live, work and volunteer in Ventura County. • Knowledgeable to advise boards in Brown Act, Public Elections, and Human Resources • Third party contract negotiation and execution • Leasing and construction of facilities • Public contract bidding and prevailing wages • General consultation • General counsel • Experience with Board Policies • Conflicts of interest • Public records act • Brown act • Settlement negotiations • Training, workshops • Tort Claims • School mitigation • Mr. Steven Lee – representing and advising public and private clients– employment related issues, training and • Ms. Jacqueline Ruffin… school law including facilities knowledge; property disposition, acquisition, leases, leaseback agreements, facility use agreements, public bidding compliance, construction contracts, and other third party contacts. • There are benefits of large firm and benefits of small firm, attorneys with multiple specialties, Personable, accessible low fees. • Effective Communication • Collaboration, strong advocacy • Loss prevention/minimization • Ethical practices, high quality services, results oriented, and a trusted advisor Questions: • Trustee Blough – what is the firm’s percentage of clients (private versus public works)? Mr. Monty Widders responded, school districts 80% vs. other 20%. • Trustee White – inquired about the firms experience with self funding authorities. Mr. Monty Widders stated the firm offers general council, no litigation. • Trustee Blough – what pro bono work have you or your colleagues done. Mr. Monty Widders stated there have been numerous pro bono work for public schools and private; both Roger Myers and Mr. Widders have been awarded for their pro bono work. • Trustee White – does the firm bring in other attorneys. Mr. Monty Widders stated their firm would bring in additional counsel when needed, such as issues with special education

(not an arena we are in). Ms. Jacqueline Ruffin responded that the firm has worked with an appellate counsel, in a settlement issue. Dr. Peplinski stated that there will be action items for each three on the December 8 board agenda. The board may choose one, two, three or none to retain as additional legal counsel for the Simi Valley Unified School District. BRAND Michellene DeBonis of Zeste marketing presented to the board the new PRESENTATION brand promise statement, slogan, and logo; stating, “We are already preparing for the public launch of these items on January 4th.” Dr. Peplinski stated he is very proud of the result. Three Phases of the marketing plan: • Discover and brand roadmap • Creative Development • Marketing Plan & Calendar Findings Overview: • Environment • Audience Survey (Qualitive vs. Quantative) • Leadership • School Programs • Personal Prospective • Uniqueness (connectivity, safe, values, school of choice, small town feel and a lot of teachers are graduates of the SVUSD system) • Challenges of the district • Finding the right brand • Marketing the brand – Kick off January 4 The Brand Promise Statement Simi Valley Unified School District offers the families of Simi Valley and the surrounding area a vibrant portfolio of educational choices built on a common sense of community, and the common purpose of inspiring each and every student to succeed in school, career and life. We believe that the best student outcomes are achieved when we provide: • Rigorous academic programs, relevant to a diverse and changing world • High expectations that respect the differences I our students

• Exceptional instruction in an innovative learning environment • Opportunities for our students to build confidence and strong character • Participation of everyone in our students’ success We are driven, proud and passionate about the personal and intellectual success of each and every student. No matter where the future takes you, the road to success runs through Simi Valley. Tag Line • The Road to Success Runs Through Simi Valley • From Here to Anywhere LOGO Questions during the presentation: • Trustee Blough – inquired if the survey provided data about teacher quality and student ratio, if class sizes were too big? Ms. Debonis responded that the question was posed; however, there was not a belief that you can’t provide a personalized setting in any classroom. • Trustee Blough – did you collect data about length of residency and if children attended the district. Ms. Debonis responded that the question of length of residency was not on the survey; if children attended SVUSD was on the survey. • Trustee White - did you survey families that had left our district? Ms. Debonis responded that it did receive one response from a family that had left our district.

Questions after the presentation: • Trustee Blough – were there any focus groups on the logo; are we surveying this brand. Ms. Debonis said that this logo would not be sent out as a survey. In January it should and will be embraced. • Trustee White – stated he likes the logo and the brand promise is awesome. He looks forward to the marketing plan which will include success stories, newspaper, radio, preschool roadshow and suggests targeting retirees, preschool parents and families that are looking to leave the district. Trustee White also would like monitoring for the next year, setting up a data base of who we did not reach, is buying Facebook time worth the money, and sign in sheets at preschool events. Ms. Debonis stated that some of these requests would require a sales force; that being said, Zeste has begun with the foundation, marketing may have to be resourced. Keeping in mind, balancing what is feasible for the district to accomplish. The goal is to engage the community. • Trustee White – would like to find other ways to impact the community. Ms. Debonis stated schools are incumbent on the presentation, we need to pick a few things to see what works. We will improve the activities, which will have a better success rate of keeping students. • Trustee White would like the website improved. Dr. Peplinski responded, the new website is launching on January 4. He thanked Michellene Debonis for all the work she has done in such a short amount of time. Trustee White agreed. • Trustee Sandland – likes all of the presentation a lot; can’t wait to see it rolled out in January. • Trustee Blough – inquired about the use of “anywhere” in the tag line. Ms. Debonis responded it has infinite possibilities. INFORMATION CALENDAR EDUCATIONAL SERVICES 1. Information Regarding the Educator Effectiveness Funding Plan And Budget Educator Effectiveness funding is available to county offices of education, school districts, charter schools (both direct and locally funded), and state special schools that reported full-time equivalent (FTE) certificated staff in the California Longitudinal Pupil

Achievement Data System (CALPADS) for the 2014–15 fiscal year (FY). The Educator Effectiveness funds are specifically to be used for professional development, coaching, and support services, as outlined in Section 58 of Assembly Bill (AB) 104, Chapter 13, statutes of 2015 and amended by Section 8 of Senate Bill (SB) 103, Chapter 324, statutes of 2015. The California Department of Education (CDE) will apportion funds to eligible LEAs in two installments. The first apportionment reflecting approximately 80 percent of each LEA’s entitlement will be released in December 2015. Remaining funds will be released in March 2016. The 2015–16 calculated funding rate is approximately $1,466 per FTE. LEAs have three years to spend the funds: • Beginning Teacher and Administrator Support Budget - $100,000.00 • Coaching and Support for Improvement Budget - $500,000 • Standards Based Professional Development Budget - $563,012.50 • Promoting Quality and Effectiveness Budget - $563,012.50 Allocation of funds is based on an equal amount per certificated FTE, which cannot exceed an LEA’s total certificated staff count, as reported in CALPADS during the 2014–15 FY. Instances in which the FTE for one staff member was greater than one have been adjusted to a maximum of one. In addition, the CDE identified and contacted select LEAs based on data anomalies. In some instances amended data was obtained from the select LEAs. Due to necessary adjustments, the certificated FTE used to calculate the Educator Effectiveness funding will not be an exact match with the FTE information available in the Data Quest system. The certificated FTE numbers used in the calculation of funds will be posted on the CDE’s Educator Effectiveness Web page. • Total funding: $1,276,025 • December apportionment of 80%: $1,020,280 • March apportionment of 20%: $255,205 • Estimated Budget Total $1,276,025.00 Simi Valley Unified School District will expend the total apportionment of $1,276,025 awarded by the California Department of Education by June 30, 2018. Questions: Trustee Blough – how do you measure effectiveness? Mr. Hani Youssef responded the budget includes hiring two consultants to help and monitor; furthermore none of the professional development (PD) events have been set up but will include monitoring; sign in sheets and survey assessments of the PD.

Trustee Blough – will you bring back more information? Mr. Hani Youssef responded, as we develop those PD events the agendas will be shared with the board members. Furthermore, on December 8 this item will come back as an action item (with more detail). Dr. Peplinski said that in the past PD came out of Common Core money, which has now ended; these funds will add to the TUPE funding for PD. ANNOUNCEMENTS 1. December 7, 2015 – 5:30 pm, Special Board Meeting – Expulsion, Educational Services Center, Floyd Binns Room (Trustees White, Blough, Daniels and Sandland) 2. December 8, 2015 – Closed Session, 5:30 pm, Open Session to follow Immediately after Closed Session, Regular Board Meeting; City Hall, Council Chambers ADJOURN Trustee Sandland/Daniels adjourned the meeting at 8:40 p.m. MEETING Motion #715 Approved on December 8, 2015 MSCU=Motion, Seconded, Carried, Unanimous _________________________ ____________________________________ Dr. Jason Peplinski, Superintendent President Board of Education Secretary to the Board of Education

# SIMI VALLEY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION NOTICE OF SPECIAL BOARD MEETING and STUDY SESSION TUESDAY, DECEMBER 1, 2015 at 5:30 p.m.

Post on November 20, 2015

Location: EDUCATIONAL SERVICES CENTER 875 E. Cochran Street, Simi Valley, CA 93065

The President of the Board of Education hereby calls a Special Meeting in accordance with Board Bylaw 9320, Education Code Section 35144 and Government Code Section 54956 to be held:

NOTICE: The School District accommodates individuals with disabilities. Forty-eight hour advance notice is required to meet special needs for public meetings. Upon written request, materials in alternate formats will be provided for individuals with disabilities. Please contact the Superintendent’s Office, 306-4500 X4002.

## AGENDA

## A. CALL TO ORDER REGULAR MEETING (*Floyd Binns Room)

1. Flag Salute

B. APPROVAL OF THE AGENDA ACTION

C. APPROVAL OF MINUTES ACTION

1. Approval of Minutes of the Regular Board Meeting of November 17, 2015 (roll-call-vote)

## D. COMMUNICATIONS

1. Public Comments: (at this point in the meeting visitors and employee organizations may address items that are NOT on the agenda)

2. Public Hearing – Information Regarding the Educator Effectiveness Funding Plan and Budget (posted on November 20, 2015)

## E. STUDY SESSION – LEGAL

1. The Board will receive presentations regarding possible future legal services from the following three law firms:

1.1. Garcia, Hernandez, Sawhney, & Bermudez, LLP (5:45-6:15 pm) 1.2. Fagen, Friedman & Fulfrost, LLP (6:20-6:50 pm) 1.3. Myers, Widders, Gibson, Jones & Feingold, LLP (6:55-7:25 pm)

## G. PRESENTATION – Zeste Consulting (7:45 pm)

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## H. INFORMATION CALENDAR

## 1. Educational Services

1.1. Information Regarding the Educator Effectiveness Funding Plan and Budget

## H. ANNOUNCEMENTS

1. December 7, 2015 – 5:30 pm, Special Board Meeting – Expulsion, Educational Services Center, Floyd Binns Room (Trustees White, Blough, Daniels and Sandland)

2. December 8, 2015 – Closed Session, 5:30 pm, Open Session to follow immediately after Closed Session, Regular Board Meeting; City Hall, Council Chambers

## I. ADJOURNMENT