Regular Meeting of the Board of Education

2 Wednesday, September 25, 2024 Regular Meeting of the Board of Education Fremont Unified School District Education Center Board Room 4210 Technology Drive, Fremont CA 94538 September 25, 2024 Closed Session, 5:30 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- 5:30 P.M. Subject 1.1 Call Meeting to Order Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 1. OPENING ACTIVITIES- 5:30 P.M. Type Procedural Guidelines for Public Comment during Open Communication, Closed Session and Agendized Items for Board Meetings. 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 September 25, 2024 Meeting Sep 25, 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 Sharon Coco, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Larry Sweeney, Dianne Jones, Sharon Coco Not Present at Vote: Rachel Zhang 3. OPEN COMMUNICATIONS - ITEMS LISTED FOR CLOSED SESSION Subject 3.1 Open Communications for Closed Session Meeting Sep 25, 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 - 5:30 P.M. Subject 4.1 Closed Session Agenda Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 4. CLOSED SESSION - 5:30 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 - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9, subd. (d)(2)(3): 1 Case 4.1.B Discuss and Give Direction to Labor Negotiator, Erik Burmeister , et. al regarding FUDTA, SEIU, FSMA, CSEA 4.1.C Public Employee Performance Evaluation: Superintendent, (Government Code Section 54957) File Attachments 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Subject 5.1 Pledge of Allegiance Meeting Sep 25, 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 Sep 25, 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 Sriya Neti File Attachments Subject 5.3 Introduction of Staff Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 5. RECONVENE TO OPEN SESSION - 6:30 P.M. Type Procedural Administrative Staff Erik Burmeister, 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 Sep 25, 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 Sep 25, 2024 - Regular Meeting of the Board of Education Category 7. COMMUNITY LEADERSHIP Type Information Acknowledgement and Appreciation for the Heroic Actions of Mission Valley Staff File Attachments Subject 7.2 Student Member Report Meeting Sep 25, 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 Sep 25, 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 Sharon Coco. 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 September 11, 2024 Regular Meeting of the Board of Education Meeting Sep 25, 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 September 11, 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 Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 9.2 Minutes of the September 18, 2024 Special Meeting of the Board of Education: A Balanced Budget for Fiscal Sustainability Workshop Meeting Sep 25, 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 September 18, 2024 Special Meeting of the Board of Education: A Balanced Budget for Fiscal Sustainability Workshop. File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 9.3 Second Read of Revised Fremont Unified School District's Board Policies (BP) and Administrative Regulations (AR) Section 0000: Philosophy Meeting Sep 25, 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 review and take action on Board Policies (BP) and Administrative Regulations (AR) Section 0000: Philosophy and Goals. INTRODUCED BY SUPERINTENDENT: Erik Burmeister Background One of the key responsibilities of the Board of Education is to establish operational policies for the Fremont Unified School District (FUSD). To address several outdated policies, FUSD has partnered with the California School Boards Association (CSBA) to revise and propose updated policies that are current and compliant with California legal codes and best practices. In July 2024, a CSBA policy expert led a three-day Policy Development Workshop (PDW) attended by FUSD administrators and relevant staff. During this workshop, participants reviewed board policies and administrative regulations to ensure they align with current state and federal laws and meet the District’s needs. The process for adopting these updated policies and administrative regulations has been developed in collaboration with Cabinet-level staff, following Board direction. Over the next six months, the FUSD policies manual will be presented to the Board in sections, following a two-step process. Each section will be brought to the Board for a first read and initial review, followed by a second read at the next scheduled meeting under the consent calendar. Trustees will have sufficient time to review and discuss each section to ensure a thorough understanding and approval of the updated policies and regulations. When and where CSBA-recommended policies are presented that trustees would like to bring back for further discussion and possible editing, the Board is encouraged to request staff to schedule review and discussion after completing the policy library update. Current Status The Board is asked to review and take action on Board Policies (BP) and Administrative Regulations (AR) Related to Section 0000: Philosophy and Goals: Adopt/Revise Retire/Replace Rationale New BP 0000 Vision New adoption; Align with CSBA model Retire BP 0201 Discrimination and Harassment Language exist in BP 1312.3 Title IX and other related policies Retire BP/AR 0202 Ethnic Relations Language exists in soon to be adopted BP 5145.9/ No Regulation New BP 0400 Comprehensive Plan New adoptions in alignment with CSBA model Revise BP 0420.4 / AR 0420.4 Charter School Authorization New BP 0420.41 / Exhibit 0420.41 Charter School Oversight New BP 0420.42 Charter School Renewal New BP 0420.43 Charter School Revocation New BP 0430 / AR 0430 Comprehensive Local Plan for Special Education New BP 0440 / AR 0440 District Technology Plan New BP 0450 / AR 0450 Comprehensive Safety Plan New BP 0460 / AR 0460 Local Control and Accountability New BP 0500 Accountability New BP 0510 School Accountability Report Card New BP 0520 Intervention for Underperforming Schools New BP 0520.1 Comprehensive and Targeted Support and Improvement Policy Implications The proposed action is in alignment with BP 9310 - Development, Distribution, and Maintenance of Board Policy Prepared by Erik Burmeister, Superintendent File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 9.4 Second Read of Revised Fremont Unified School District's Board Policies (BP) and Administrative Regulations (AR) Section 1000: Community Relations Meeting Sep 25, 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 review and take action on Board Policies (BP) and Administrative Regulations (AR) Section 1000: Community Relations. INTRODUCED BY SUPERINTENDENT: Erik Burmeister Background One of the key responsibilities of the Board of Education is to establish operational policies for the Fremont Unified School District (FUSD). To address several outdated policies, FUSD has partnered with the California School Boards Association (CSBA) to revise and propose updated policies that are current and compliant with California legal codes and best practices. In July 2024, a CSBA policy expert led a three-day Policy Development Workshop (PDW) attended by FUSD administrators and relevant staff. During this workshop, participants reviewed board policies and administrative regulations to ensure they align with current state and federal laws and meet the District’s needs. The process for adopting these updated policies and administrative regulations has been developed in collaboration with Cabinet-level staff, following Board direction. Over the next six months, the FUSD policies manual will be presented to the Board in sections, following a two-step process. Each section will be brought to the Board for a first read and initial review, followed by a second read at the next scheduled meeting under the consent calendar. Trustees will have sufficient time to review and discuss each section to ensure a thorough understanding and approval of the updated policies and regulations. When and where CSBA-recommended policies are presented that trustees would like to bring back for further discussion and possible editing, the Board is encouraged to request staff to schedule review and discussion after completing the policy library update. Current Status The Board is asked to review and take action on Board Policies (BP) and Administrative Regulations (AR) Related to Section 1000: Community Relations. Adopt/Revise Retire/Replace Rationale Revise BP 1112 Media Relations Updating language to align with current laws and CSBA Revise AR 1113 District and School Websites ; BP stays in tact; New Exhibit 1113 Revise BP 1114 / AR 1114 District-Sponsored Social Media Revise BP 1150 Commendations and Awards Replace FUSD BP/AR 1150 Commendations and Awards Updating language to align with current laws and CSBA Revise BP 1160 Political Process Revise BP 1220 / AR 1220 Citizens Advisory Committee Revise BP 1230 / AR 1230 School-Connected Organizations Updating language to align with current laws and CSBA Revise BP 1250 / AR 1250 Visitors/Outsiders Revise BP 1260 Educational Foundation Replace BP 1260 Fremont Education Foundation Fremont Unified Student Store New CSBA BP 1313 Civility Retire FUSD BP 1313 Gifts to School Personnel New CSBA Policy aligning to CSBA model; Retiring FUSD BP 1313 as language exist in BP 3290. Revise BP 1321 Solicitation of Fuds From And By Students ; New AR 1321 Solicitation of Fuds From And By Students Updating language to align with current laws and CSBA Revise BP 1325 Advertising and Promotion Retire Regulation 1325 Advertising and Promotion New BP 1330.1 Joint Use Agreements Revise BP 1340 Access to District Records ; New AR 1340 Access to District Records New BP 1400 Relations Between Other Governmental Agencies And The Schools Retire BP 1400 Joint Use & Dev of Schools and Community Resources Revise BP 1431 Waivers Retire BP 1020 Coordinated Community Youth Services Language exists in soon to be adopted CSBA BP 1400 Retire BP 1111 Public Records/Information Language is redundant to multiple policies Retire BP/AR 1120 Printed Materials Retire BP 1122 School Publications Retire 1123 Staff Accountability Report Card Policy to be replaced with soon to be approved CSBA BP 0510 Retire BP 1700 Relations Between Private Businesses and the Schools Retire; No longer in practice Retire BP 1210 Parent and Parent-Teacher-Student Organizations Language exists in soon to be adopted CSBA Policy 1230 Retire BP 1300 Non Discrimination Language exists in Policy 0410 Nondiscrimination in District Programs and Activities Retire BP 1311 Child Abuse Complaints Reporting Language exists in BP 5145.4 Child Abuse Reporting Retire BP 1313 Gifts to School Personnel Language Exists in BP 3290 Retire BP 1322 Contests for Students Retire; No longer in practice Retire BP 1326 Public Performance by Students Sunday Activities Retire; No longer in practice Policy Implications The proposed action is in alignment with BP 9310 - Development, Distribution, and Maintenance of Board Policy Prepared by Erik Burmeister, Superintendent File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Subject 10.1 Approve Study Trips Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 10. CONSENT CALENDAR - STUDENT LEARNING & ACHIEVEMENT Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 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. Current Status There is one (1) study trip currently needing Board approval. Irvington High School (1) Staff recommends approval of the study trip. Policy Implications This proposed action is consistent with Board Policy 6153. Prepared by: Leslie Heller, Director of Secondary Education File Attachments 2024-2025 Study Trips for Board Approval - Sept 25, 2024.pdf (48 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 11. CONSENT CALENDAR - FINANCE/FACILITIES Subject 11.1 Approve Purchase Orders as Listed by Number Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Fiscal Impact Yes Dollar Amount $23,208,981.60 Budgeted Yes Budget Source Multiple Budget Sources Recommended Action Staff recommends the the Board of Education approve the purchase orders as listed by numbers. Background Education Code Section 42631 states that all payments from the funds of a school district shall be made by written order of the governing board of the district. Current Status The attached report consists of purchase orders from multiple funds. Policy Implications None. Prepared by: Robert Pascual, Director of Accounting File Attachments PO BOARD REPORT AUGUST 2024.pdf (7,331 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.2 Consideration of disposal of District Owned Personal Property Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Recommended Action Authorize the adoption of Resolution No. 018-2425 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. 018-2425 for Disposal of District Owned Personal Property. These items are beyond their length of service, beyond economical repair, and replacement parts are not readily available. These items are no longer serviceable to the District. The District owned personal property as described in Resolution No. 018-2425 is for the following items: Department Item Description Appraisal Value (If Applicable) Asset Number Instructional Services Elementary Education Computer Cart - Gomes Elementary 87083 Elementary Education Dell Laptops Model Latitude #3330 - Gomes Elementary 87951, 87944, 87935, 87923, 87959, 87952, 88058, 88477, 87932, 87948, 87945, 87921, 87939, 87956, 87930, 87943, 87947, 87955, 87941, 87957, 87960, 87950, 87942, 87953, 87933 Policy Implications BP 3270 - Sale and Disposal of Books, Equipment and Supplies Education Code, Section 17546 - Disposal of Property Prepared by: Robert Pascual, Director of Accounting File Attachments Resolution for Disposition of Personal Property 018-2425.pdf (105 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.3 Consideration of Approval of Contracts and Purchases Over $25,360 Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 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 Business Services Crystal Communications Addendum to previous contract. New radios purchased for Dispatch office and new vehicles Previous Contract Addendum Not to exceed $50,000 General fund The Labor Compliance Managers Provide additional labor compliance services for the New Construction and Modernization project at Centerville Middle School Amendment #1 $12,135 Fund 21 - Measure E Bond Program Zen Desk Additional licenses for new IT Help Desk system Quote $5,750.63 Technology Funds Instructional Services School Health 5 Vision Spot Screeners Quote for Spot Screeners for Nurses $46,084.50 Medi-Cal Billing Follett Library Manager & Subscription License Renewal Renewal Quote $41,016.30 LCAP 2.1 Policy Implications This proposed action is consistent with existing Board of Education Policy 3300 Prepared by: Daniel Hillman, Associate Superintendent File Attachments Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 11.4 Approval of New and Closed Positions Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Fiscal Impact Yes Budgeted No Budget Source Multiple Funds Recommended Action The staff recommends the board to approve of the 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 Fund 12 -Child Development Fund 13 - Child Nutrition Notes Job Classification Action FTE Unrestricted - Estimated Budget (including Statutory Benefits) Restricted - Estimated Budget (including Statutory Benefits) Restricted - Estimated Budget (including Statutory Benefits) Restricted - Estimated Budget (including Statutory Benefits) School Nurse - Student Support Services Change 0.05714 $9,539 Additional FTE to create a 1.0 FTE Nurse Prep Teacher PE - Mission Valley ES New 0.2 $29,640 One grade 4 section was added so prep was increased as well. CNA1 - Parkmont ES Change 0.03125 $2,119 Increase in meal counts require more time for prepping, serving, and cleaning. Noon Duty Supervisor - Forest Park ES Change -0.05 -$1,390 Decrease Noon Supervisor position based on need CNA1 - Parkmont ES Change 0.125 $8,475 Consolidating two positions Music Teacher - State Preschool New 0.2 $29,640 Prop 28 Arts Music funded Instructional Para Educator - State Preschool Close -0.4375 -$35,980 Resignation Instructional Para Educator - Leitch ES New 0.375 $30,840 For Kindergarten class Instructional Para Educator - Leitch ES Close -0.5 -$41,120 Collapsing a Kindergarten class CNA1 - American HS Change 0.125 $8,475 Consolidating two positions CNA1 - American HS Close -0.125 -$8,475 Closing to consolidating two positions Music Teacher - Grimmer ES New 0.4 $59,280 Prop 28 Arts Music funded Teacher - Washington HS New 0.2 $29,640 Increased enrollment Instructional Para 2 - Forest Park ES New 0.4375 $37,512 Support a General Ed student with medical needs Total Projected Cost $104,941 $78,640 -$35,980 $10,594 Staff recommends that the Board approve the new and closed positions as requested by the sites. Policy Implication 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 Sharon Coco. 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 Sep 25, 2024 - Regular Meeting of the Board of Education Category 11. CONSENT CALENDAR - FINANCE/FACILITIES Type Action (Consent) Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Fiscal Impact Yes Dollar Amount $57,205.12 Budgeted Yes Budget Source Fund 21 Measure E Bond Program Recommended Action Ratify the allowance expenditure (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 AEDs has already been completed. Current Status AEDs # 1-12 were previously approved by the Board. The details of AED #13 are attached to this item for reference. The table below summarizes 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 13 57,205.12 57,502.12 Total 57,205.12 57,205.12 Contract Total Amount Previously Applied Current Amount Balance Remaining Contingency $2,829,000.00 $1,765,136.01 $57,205.12 $1,006,658.87 Staff requests the Board ratify AED #13 for the Kennedy High School project in the amount of $57,205.12. 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 3300 - Expenditures & Purchases 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 Sharon Coco. 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 Sep 25, 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: Robin Sehrt, Director, Certificated Personnel File Attachments Certificated Personnel Actions_ 09.25.24.pdf (18 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 12.2 Approve Classified Personnel Actions Meeting Sep 25, 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_09.25.24.pdf (36 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 12.3 Approve Athletic Coaches Fall-Winter 2024 Meeting Sep 25, 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 Fall-Winter 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 fall and winter 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: Robin Sehrt, Director, Certificated Personnel File Attachments Athletic Coaches_09.25.24_Fall-Winter.pdf (14 KB) Motion & Voting Take action to approve the Consent Calendar Motion by Vivek Prasad, second by Sharon Coco. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco 13. SCHOOL SPOTLIGHT Subject 13.1 Brookvale Elementary School Showcase Meeting Sep 25, 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: Brookvale Elementary School File Attachments Brookvale Showcase.pdf (1,238 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 Sep 25, 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 Appoint Parent Members to Serve on the Curriculum & Instruction Advisory Committee Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Recommended Action Appoint three (3) parent members and two (2) alternate parent members to replace vacated positions on the Curriculum & Instruction Advisory Committee. INTRODUCED BY ASSISTANT SUPERINTENDENT LETICIA SALINAS Background The Governing Board appoints the parents to serve on the Curriculum & Instruction (C&I) Advisory Committee. The C&I Advisory Committee's responsibility is to advise and give input into decisions regarding curriculum and instruction. The makeup of the Committee consists of a total of 21 Members: 7 Parent Members 5 FUDTA Members 2 High School Student Members 1 Board Members (Up to two) 2 Instructional Services Program Managers 2 Principals 1 Director of Curriculum & Instruction Current Status The terms for three (3) parent members ended on June 2024 leaving three (3) two-year positions open. The parent members whose terms ended reside in the American, Mission San Jose, and Kennedy attendance areas. The four (4) continuing parent members reside in the American, Mission San Jose, and Washington attendance areas. The goal of the committee is to select members who represent all areas of our community, however, the committee bylaws do not specify a particular number of members required from each attendance area. The community was notified of these openings and application links were shared through Parent Square messages, and postings on the District and school websites. The Board is asked to review the applications submitted for these three (3) positions and vote by ballot to fill the vacancies. The votes by the Board of Trustees are to be tallied and the results are to be announced publicly. The three (3) candidates with the highest vote counts will be appointed as the committee members. The two (2) candidates with the next highest vote counts will be identified as alternates to be added to the Committee should a vacancy arise during the year. The Board of Trustees is asked to appoint three (3) parent Members and two (2) alternate parent members to fill vacated positions on the Curriculum & Instruction Advisory Committee. Policy Implications This action is consistent with Board Policy 9130. Prepared by: Corey, Brown, Director of Curriculum & Instruction File Attachments C&I Committee List 2024-25.pdf (65 KB) C&I Ballot 2024-2025.pdf (21 KB) Subject 16.2 Appoint Members to the Local Control Accountability and Advisory Committee for a Two-Year Term Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Recommended Action Appoint members to the Local Control Accountability and Advisory Committee for a two-year term. INTRODUCED BY ASSISTANT SUPERINTENDENT LETICIA SALINAS Background As a requirement of the Local Control Funding Formula (LCFF) and Local Control and Accountability Plan (LCAP), districts must form an Advisory Committee. As stakeholders, the Advisory Committee's responsibility is to advise and give input into the district's LCAP regarding priorities and resources based on the LCFF. The members of the Local Control and Accountability Advisory Committee (LCAAC) will serve a two-year term. The Committee will be made up of the following members: Ten (10) parents/guardians of pupils enrolled in the District representing each of FUSD’s attendance areas One (1) parent-at-large Three (3) community members One (1) parent member from DELAC (District English Learners Advisory Committee) One (1) parent member from the Native-American community One (1) or Two (2) high school students, provided by SURF BoardE One (1) CSEA member (classified union) One (1) SEIU member (service employees’ union) One (1) FUDTA member (teachers’ union) One (1) FSMA member (management association) One (1) or Two (2) Representatives from the Board of Trustees Director of Federal & State Programs Assistant Superintendent of Instructional Services Associate Superintendent Current Status The membership of the Committee should reflect the diversity of the community and the student body. Applications from 2 pare nt/guardian members and 1 community member have been provided to the Board of Trustees for review. If we have additional openings, we anticipate returning to the Board with more applicants at an upcoming meeting. Staff requests the Board to appoint members to serve on the Local Control Accountability and Advisory Committee. Policy Implications This action supports state mandate in relation to receiving funding under LCFF. Prepared by: Leticia Salinas, Assistant Superintendent, Instructional Services File Attachments LCAAC Roster 24-25_092524.pdf (129 KB) LCAAC Ballot_092524.pdf (47 KB) Subject 16.3 Hold Public Hearing on Instructional Materials and Adopt Resolution No.020-2425: Sufficiency of Instructional Materials Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Recommended Action Staff recommends the Board of Education: 1) Hold the Public Hearing on the sufficiency of standards-aligned textbooks and/or instructional materials. 2) Adopt Resolution No.020-2425 that states the Fremont Unified School District, for the 2024-2025 school year, has provided each pupil with sufficient textbooks and/or instructional materials consistent with the styles and content of the curriculum frameworks. INTRODUCED BY ASSISTANT SUPERINTENDENT LETICIA SALINAS Background California Education Code 60119 requires districts to hold a public hearing by the eighth week of school to make a determination, through a resolution, to ensure that every pupil in each school in the district: Is provided with sufficient textbooks and other instructional materials to use in the class, and to take home, in the core areas, foreign language, health and science laboratory equipment for grades 9-12 Has instructional materials that are aligned to the content standards adopted pursuant to Section 60605 in each of the following subjects (listed below), as appropriate, and Has instructional materials that are consistent with the content and cycles of the curriculum framework adopted by the State. For the purposes of the hearing, sufficient textbooks or instructional materials is defined as, “Each pupil, including English Learners, has standards-aligned textbooks or instructional materials, or both, to use in class and to take home.” This requirement does not necessitate two sets of textbooks. Core Instructional Materials: Reading/Language Arts, including the English Language Development component of an adopted program Mathematics Science History-Social Science Foreign Language and Health Science laboratory equipment for grades 9-12 Current Status A public notice was published in The Argus on September 13 and September 20, 2024. This notice was also posted in three (3) locations in the Fremont Unified School District building and posted on the District website, all within the mandated 10-day time frame before the hearing. The notice stated that the public hearing will be held at 6:30 p.m. on Wednesday, September 25, 2024, in the Fremont Unified School District Board Room, 4210 Technology Drive, Fremont, California 94538. Education Code requires governing boards to make a written determination as to whether each pupil enrolled in all core areas as well as Foreign Language or Health courses has sufficient textbooks or instructional materials that are consistent with the content and cycles of the curriculum framework adopted by the State Board. The governing board shall also determine the availability of laboratory Science equipment as applicable to Science laboratory courses offered in grades 9-12. Reading/Language Arts All students have textbooks and/or workbooks in Reading/Language Arts. Mathematics All students have textbooks and/or workbooks in Mathematics. Science All students have textbooks/workbooks/instructional materials in Science. History/Social Science All students have textbooks and/or workbooks in History/Social Science. Health All students have access to a class copy of the Health text. Williams Compliance for the California Department of Education states that classroom sets of a text in the area of Health is considered sufficient instructional materials. Science Lab Equipment Science lab equipment is available for use in applicable Science classes for lab groups in grades 9-12. Staff recommends the Board of Education: 1) Hold the Public Hearing on the sufficiency of standards-aligned textbooks and/or instructional materials; 2) Adopt Resolution No.020-2425 that states the Fremont Unified School District, for the 2024-2025 school year, has provided each pupil with sufficient textbooks and/or instructional materials consistent with the styles and content of the curriculum frameworks. Policy Implications This proposed action is consistent with Board Policy 6161.1 Selection of Instructional & Library Materials, and the Williams Legislation Implementation Timeline. Prepared by: Robert Pascual, Director of Accounting File Attachments Resolution No. 020-2425_Sufficiency of Instructional Materials.pdf (99 KB) Motion & Voting Staff recommends the Board of Education: 1) Hold the Public Hearing on the sufficiency of standards-aligned textbooks and/or instructional materials. 2) Adopt Resolution No.020-2425 that states the Fremont Unified School District, for the 2024-2025 school year, has provided each pupil with sufficient textbooks and/or instructional materials consistent with the styles and content of the curriculum frameworks. Student Board Member Neti voted in favor or the meeting. Motion by Larry Sweeney, second by Dianne Jones. Final Resolution: Motion Carries Yea: Vivek Prasad, Rachel Zhang, Larry Sweeney, Dianne Jones, Sharon Coco Subject 16.4 Adopt Futility Resolution No. 019-2425 for Competitive Bidding and Approve a Change Order for the Modernization Shade Structure Project at Mission San Jose Elementary School Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 16. REGULAR AGENDA ITEMS Type Action/Vote Preferred Date Sep 25, 2024 Absolute Date Sep 25, 2024 Fiscal Impact Yes Dollar Amount $11,792.77 Budgeted Yes Budget Source Fund 21 Measure E Bond Program Recommended Action Adopt futility resolution No. 019-2425 for competitive bidding and approve a change order to Guerra Construction Group’s contract for the modernization shade structure project at Mission San Jose Elementary School. INTRODUCED BY ASSOCIATE SUPERINTENDENT: DANIEL HILLMAN 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. On October 25, 2023 , the Board approved revised scopes and budgets for the Measure E Bond Program Group 1 Elementary School Modernization Projects. On June 26, 2024 , the Board awarded a public bid for earthwork & paving scope of the Mission San Jose Elementary School Modernization Shade Structure project to Guerra Construction Group. Current Status The details of Change Order (CO) #1 is attached to this item for reference. The table below summarizes the potential change orders by ty pe. The Futility Resolution for Competitive Bidding is also attached to this item for reference. The Futility Resolution demonstrates the futility of competitive bidding for PCO #1. CO# Owner Request Unforeseen Condition Contract Document Error Contract Document Omission Other CO Total 1 11,792.77 11,792.77 Total 11,792.77 11,792.77 Original Contract Previously Approved Changes Current Proposed Change New Contract Total (Pending Approval) Contract $107,470.00 - $11,792.77 $119,262.77 Staff respectfully requests and recommends the Board adopt futility resolution No. 019-2425 for competitive bidding and approve a change order to Guerra Construction Group’s contract for the modernization shade structure project at Mission San Jose Elementary School in the amount of $11,792.77. These costs will be paid from within the overall project budget and no additional funds are required at this time. Policy Implications Board Policy 3300 - Expenditures & Purchases Prepared by: Adam Lint, Director of Facilities & Construction File Attachments MSJES Guerra CO-1 CTC BOE 24-09-25.pdf (147 KB) MSJES Guerra Futility Resolution # 019-2425 CO 1 24-9-25.pdf (99 KB) Motion & Voting Adopt futility resolution No. 019-2425 for competitive bidding and approve a change order to Guerra Construction Group’s contract for the modernization shade structure project at Mission San Jose Elementary School. Student Board Member Neti 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 17. ITEMS PULLED FROM CONSENT CALENDAR - AFTER REGULAR AGENDA 18. GOVERNMENT PLANNING Subject 18.1 G1 Board Reports Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 18. GOVERNMENT PLANNING Type Information File Attachments Subject 18.2 G2 Calendar Meeting Sep 25, 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 Subject 18.3 G3 Meeting Evaluation Meeting Sep 25, 2024 - Regular Meeting of the Board of Education Category 18. GOVERNMENT PLANNING Type Information File Attachments 19. ADJOURNMENT Subject 19.1 Adjourn Meeting Meeting Sep 25, 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 Sep 25, 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