MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT BOARD OF EDUCAnON REGULAR MEEnNG

Instructional Materials Center

MPUSD

540 Canyon Del Rey, Del Rey Oaks, CA

January 22, 2007

5:30 p.m. - Closed Session 7:00 p.m. - Open Session

The Monterey Peninsula Unified School District adheres to the Americans with Disabilities Act Should you require special accommodations or more infonnation about accessibility, please contact the Superintendent's Otlice at 831-645-1203 at /east 72 hours before the meeting. All efforts will be made for reasonable accommodations. A qualified Spanish translator willbe available at regular meetings. With 72 hours advanced notice, a translator for other languages, as well as American Sign Language, will be provided.

AGENDA
A. Call to Order 5:30
Board of Education: Robert Eggers

B.

Roll Call Establishment

of Quorum

AlanHaffa
Regena Lauterbach Bettye Lusk Carlos E. Noriega Helen B. Rucker Marjorie Troutman DU/POM/NPSA Representative: Student Board Members Cindy Rothstein Aisha Mikell, Marina HS Tiffany Tringali, Monterey HS Hana McMullan, Seaside HS

C.

Public Comment on Closed Session Items Closed Session

This is an opportunity for visitors to make comments regarding any dosed session items within the Board's subject matter jurisdicJion. When the President recognizes a member of the public for oral comments, such comments shall be limited to three (3) minutes.

D.

In accordance with Government Code, Sections 54950 - 54962, the Board of Educationmust disclose the items to be discussed in closed session. Thismay be done by referring to the dosed session agenda items as they are listed on the closed session agenda or by number or letter on the agenda. After dosed session, the Board shall report out acJions taken in dosed session as required by law, induding members' vote and abstention. The Board will meet in dosed session
from 5:30

5:31

- 7:00

p.m.

The Board of Education may convene in dosed session at any time during this meeting to give direction to its representatives regarding negotiations with represented and unrepresentedemployees.

1.

Conference ith w

Labor Negotiator (Gov. Code section 54957.6)

a. Ageocy Negotiator:

RobertCosta

Employee Organization: Monterey Bay Teachers Association Califomia School Employees Association

MPUSD AQenda, 1122107. PaQe 1

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2.

Conference wittl Labor Negotiator (Gov. Code section 54957.6)

a.

AgencyNegotIator. ohnUimb J
Employee Organization: unrepresented Employees Monterey Bay School AdmlnislTatOrS Association

3.
E. F. G. H. Reconvene Open Session Pledge of Allegiance to the Flag Report Action Taken in Cosed Session, if any Take Action to Add Items (if any) that Arose Since Posting of the Agenda and Approve Agenda 8$ Presented (2/3 Vote Required if Any Item is Added to the Agenda) Student Board Member Reports Communications Suggestions and Comments from Members and Officers of the Board DUFLC/POM/NPS Representative Report Suggestions and Comments From Visitors - Non-Agenda Matters

Student Issues Consider Expulsion cases #06/07-19 and #06/07-20

7:00

RESOLVED that the agenda be approved. MSC+

AYES: NOES:

I. J. K.

Correspondence from individuals and/or organizations regarding District programs and services.

At this time members and officers of the Board willreport on culTel7tactivities, visits to schools, meetings scheduled and attended, and conferences and events occurringthroughoutthe school district

L M.

This is an opportunity for visitors to make comments regarding any non-agenda matters within the Board's subject matter jurisdiction. When the President recognizes a member of the public for oral comments, such comments shall be limited to three (3) minutes). COMMUNflY INPUT: This is an opportunity for the public to address the Board. Depending upon the nature of the presentation, the Board President or SUperintendent may respond or the President may call upon Board members for brief comments, questions of darification, provide a reference to staff or other resources for factual information, or request the Superintendent to report back to the Board at a subsequent meeting concerning the matter. However, in compliance with Board Policy and the Ralph M. Brown A4 the Board is not permitted to take action on non-agenda items. If appropriate, consistent with Board Policy, four or more members of the Board may direct the SUperintendent tD schedule an item for a future Board agenda. When addressing the Board, please state your name and address for the record, if you wish.

MPUSD A~enda, 1122107, Pa~e 2

N.

Student Issues *1. Consider Expulsion Case 06/07-19

RESOLVED that the student in Expulsion Case 06/07-19 be from schools in the Monterey Peninsula Unified School District. MSC AYES: NOES:

YO

*2.

Consider Expulsion Case 06/07-20

RESOLVEDthat the student in ExpulsionCase 06/07-20 be from schools in the Monterey Peninsula Unified
School District.

YD

MSC AYES: NOES:

o.

ActionItems
*1. Appoint New Student Board Members for the Second Semester of the 2006-2007 School Year RESOLVED Member for School, and semester of that Aisha Mikell be appointment the Student Board Marina High School, Tiffany Tringali for Monterey High Hana McMullan for Seaside High School for the second the 2006-2007 school year.

KY

MSC AYES: NOES:

*2. Approve
Memorandum of Understanding with learning for Ute School

RESOLVEDthat the Memorandumof Understanding with Learning for LifeSchool be approved.

MSC AYES:
NOES:

JL

*3.

Approve Special Education Memorandum of Understanding and Addendum with the International School of Monterey Approve ''Trigger Points" for FubJre NewConstnK:tionand School Expansion Projects
Approve Resolution #06/07-08 Designate the Month of February as Black History Month

RESOLVEDthat the Special Education Memorandum of Understanding and Addendum with the International School of Monterey be approved. MSC AYES:
NOES:

JL

*4.

RESOLVEDthat the "Trigger Points" for future new construction and school expansion projects be approved as presented. MSC AYES: NOES: RESOLVEDthat Resolution #06/07-08: Designate the Month of February as BlackHistory Monthbe approved; and BE IT FURTHER RESOLVEDthat a copy of the resolution be sent to all schools and sites in the District with a recommendation that appropriate activities be held to foster in students a greater understanding of the roles BlackAmericans have played throughout the history of our Nation. MSC AYES: NOES:

TW

*5.

Jl

MPUSD AQenda, 1/22/07. PaQe 3

P.

Consent Agenda

JL
RESOLVED that the Consent Agenda be approved as submitted.

1.

Approval of Consent

Agenda
*1. *2. *3. *4. *5. Approve Minutes - January 8, 2007 Approve/Ratify Personnel Items RatifyPurchase Orders from December lID December 31, 2006 RatifyWarrant Register for December lID December 31, 2006 Approve Gifts IDthe District
(Board Policy requires tiNJt: ll gifts to the District in excess of $250 of a value be offidally accepted by the 8oan1 of Education.)

From
Monterey Peninsula Foundation's Youth Fund Howard & Karin Evans Fund of the Community Foundation for Monterey County Howard & Karin Evans Fund of the Community Foundation for Monterey Coun

To/Pu Seaside High School GATE Program Marina Del Mar School "Read Naturally" software

Amount $10,000.00 $3,322.00

Marshall School "Read Naturally" software

$3,020.00

*6.

Authorize Request for Proposals for Environmental Impact Report for Future School Projects Including Marina High School
MSC AYES: NOES:

Q.

Reports
1. Committees/Conferences

- Mission -

- Community

Human Services Project Trails Regional Occupational Program - Early Childhood Education Representative Board Policy Subcommittee - Special Education Joint Powers Board Subcommittees to the Cities of Del Rey Oaks, Marina, Monterey, Sand Oty, & Seaside

2. SuperintendenrsReport
*3. *4. *5. Status Report on Learningfor Ufe Charter School MonthlyModernizationUpdate Applicationfor Monterey Neighborhood Improvement Program Grant for Portion of Drainage Improvements on CollDnSchool Property Options IDConsider Regarding Board Vacancy

JL TW
TW

R.

Information/Possible Action

*1.

JL

MPUSDA~enda, 1/22/07, Pa~e 4

n-

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n---

n-

--

__m

s.

Information

*1. *2.

ReviewCredential Technician I Job DescriptiOn Review Dry Period Finandng (TRAN)

RC
TW

- Tax & Revenue AnticipationNotes

T.

Items

Board Member Request(s) for Information andlor Possible Future Agenda

u.

Board Self-Evaluation, as Applicable

v.

Closed Session

In accordance with Government~

Sections54950 54962, the Boardof

Educationmust disclose the items to be discussed in dosed session. Thismay be done by referring to the dosed session agenda items as they are listed on the dosed session agenda or by number or letter on the agenda. AR.erdosed session the Board shall report out actions taken in dosed session as required by law, includingmembers' voteand abstention. The Board of Education may convene in closed session at any time during this meeting to give direction to its representativeS regarding negotiations with represented and unrepresentedemployees.

w.

Adjournment

JL:jif
*Board Attachment ADefense Language InstibJte Foreign Language Center, Presidio of Monterey & Naval postgraduate School +MotIon/Second/Carried

NOTE:The minutes of this meeting are being taken by a secretary as wellas being tape recorded. Requests for copies of the minutes should be made through the Office of the Superintendent of Schools. ASa matter of practice and according to Board Policy1420, the regular agenda is delivered Ix) each Board member on the Thursday preceding the scheduled meeting. Agenda items and reports are available for public review in the Superintendent's Office between the hours of 8:00 a.m. Ix)12:00 noon and 1:00 p.m. - 5:00 p.m. on the Fridaypreceding the meeting. Times for individualtimes are estimates only.

MPUSDA~enda, 1/22/07. PaQe 5

Schedule of Board of Education Meetings Board of Education meetings are held on the first and third Mondays,unless otherwise designated at the Instructional MaterIalsCenter, 540 Canyon Del Rey, Del Rey Oaks, CA. The followingdates were established through November 30, 2007. Special Board meetings/study sessions are set throughout the year as needed to discuss and consider particular items. Date, time, &topics will be announced prior to each special meeting/study

session

Date Februarv5 February20 [Tuesday) March5 March19 APril9 April23 Mav7 May21 June 4 June 18 July 16 Auaust 6 August 20 SePtember 4lTuesday) SePtember 17 October 1 October 22 November5 November19

Type of Meeting ReaularMeetina RegularMeeting RegularMeetina ReaularMeetina RegularMeetina RegularMeeting Rtch MiddleSchool Reaular Meetina RegularMeetina RegularMeeting ReaularMeetina ReaularMeetina ReaularMeetina RegularMeeting Walter ColtonSchool RegularMeeting ReaularMeetina ReaularMeetina Reaular Meetina RegularMeeting LosArbolesMiddleSchool ReaularMeeting

Closed Session 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m.

ODen Session 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m.

Each Student Fully Litel'GteOur Visionary Purpose

Through dynamic, engaging learning experiences and collaborative partnerships within our diverse coastal community. the Monterey Peninsula Unified School District ensures that each student will attain the intellectual, social. and personal knowledgeto passionately seek the challenges of the future. Strategy 1 We willdevelop means to build trust, internally and with our community,to achieve our missionand to act in a manner consistent with our beliefs. We willform and strengthen partnerships within and beyond our diverse coastal communityto achieve our objectives and mission. We willdevelop and implement learning options to ensure that all students: demonstrate responsibility to home, school. and community. meet and exceed the essential academic goals for success at the next level. We willdevelop clear means through which students willidentify and achieve their personal and academic goals. We willdevelop means to recruit, hire, and retain high quality staff and develop a coherent approach for ongoingstaff learning to best achieve our objectives and mission. We willdevelop and implement means to ensure that our facilities meet our needs.

Strategy 2

Strategy 3

. .

Strategy 4 Strategy 5

Strategy 6

MPUSDA~enda. 1/22107.PaQe 6

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE: ITEM:

Board of Education

January 22, 2007

ACTION: Appoint New Student Board Members, Monterey High, Seaside High, and Marina High Schools

Introduction: Board Policy # 1135 states the term of the student member shall be for one semester or in the event a student Board Member desires to continue for one more semester, with his/her principal's approval, the student Board Member may continue in the position for the remainder of the school year. Two students will be selected to
serve as Student Board Members.

Each high school will select a student representative to the Board to (1) provide continuing input for Board deliberations; (2) strengthen communications between the Board and district students; (3) represent all students and facilitate the discussion of all sides of issues, to include stating his/her individualopinion(s); and (4) report on activities at his/her school. Background: Hana McMullan. daughter of Roy and Lisa McMullan,is a senior at Seaside High School. She is the senior class president, head cheerleader and is a member of the varsity softball team. She plans to major in Nursing and has applied to Sacramento State, ChicoState, LongBeach State, and San Diego State. Tiffanv Trinaali. daughter of Salvatore and Genelle Tringali, is a senior at Monterey High School. She is the ASB Vice-President. She has lived in Monterey since birth. She enjoys playing field hockey, golf, snow and water sports. She is serving as the Italian Catholic Federation Santa Rosalia Queen and takes pride in her Italian heritage. Tiffany plans to attend a college in Southern California upon her graduation and major in business management and minor in communications. Aisha Mikell, daughter of Don and Dalia Mikell,is a freshman at Marina HighSchool. She is the student body president. She plays in the band and plays the oboe and alto sax. She enjoys cooking. In the future she plans to attend a private college or university and perhaps major in Pediatrics. Objective(s): To appoint Hana McMullan, iffanyTringali, and Aisha Mikellofficiallyas student Board members. T Cost/Funding: Not applicable. Options: Not applicable. Recommendation: It is recommended Hana McMullanbe appointed as the Student Board Member for Seaside High School, Tiffany Tringalifor Monterey HighSchool, and Aisha Mikellfor MarinaHighSchool for the second semester of the 20062007

schoolyear.
Approved for Submission to the Board of Education

Prepared by:

Assistant Superintendent, Curriculum &.Instruction

~~~

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:

Boardof Education January22, 2007

ACTION: Approve Memorandum Understanding of with Learningfor Life School

DATE: ITEM:

INTRODUCTION:

The attachedannotationis an operationalMemorandum Understanding of with Learningfor Life School. This Memorandum Understanding of delineates followingagreements: the 1. 2. 3. 4. 5. 6. Term and Renewal Designation School of Programmatic udit A Funding LegalRelationship FiscalRelationships
FiscalControls

7.

8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

SpecialEducation Services/504 Insurance& RiskManagement HumanResource Management Facilities Evaluation Educational rogram/Conformance Charter of P to SpecialPrograms/Services and/orActivities/Sports CharterSchoolPolicies and Procedures FamilyEducation Rightsand Privacy (FERPA) Act Admission Policies/Practices BrownAct/PublicRecords PupilTransportation LegalServices/Other ervices S Oversight Severability Notification

BACKGROUND:

The Boardof Educationon June 19, 2006, approved Resolution #05/06-20 which gave Learning for Life Schoola five-yearrenewalthroughJuly30,2011.
OBJECTIVE:

To approve the Memorandumof Understandingterms and conditions which delineate the workingrelationship betweenthe District nd Learning LifeSchool. a for

COST/FUNDING SOURCE/FISCAL IMPACT:

The Districtis required to maintain fiscaloversight for this charter school program.
RECOMMENDATlON(S):

That the Board of Education approve the Memorandum of Understanding agreement with Learning for LifeSchool.
PREPARED BY

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION

Jea~ Fernandez
Admihistrative Assistant

~a-L

Jo Lamb Superintendent

MEMORANDUM OF UNDERSTANDING BETWEEN MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT AND LEARNING FOR LIFE SCHOOL

This Agreement (or "Memorandum of Understanding" or "MOU") is executed by and between the Board of Trustees of the Monterey Peninsula Unified School District (hereinafter referred to as "District") on one hand and Learning for Life School, a California public charter school (hereinafter referred to as "Charter School") operated as a California nonprofit corporation on the other. The District and the Charter School are collectively referred to as the parties. RECITALS: A. The Monterey Peninsula Unified School District is a school district existing under the laws of the State of California hereinafter referred to as the District. The Charter School, in cooperation with members of the community, have developed and submitted a petition to establish a charter school which is referred to as Learning for Life School. Learning for Life School and Charter School are not two separate entities. The Charter School shall be operated as a non-profit public benefit corporation as per Education Code 47604. The parties to this agreement recognize that the laws of the State of California authorize the formation of charter schools for the purpose, among others, of developing new, innovative and more flexible ways of educating children within the public school system. By approving the petition, the District becomes the sponsoring district of the Charter School. This Agreement is intended to outline the parties' agreements governing their respective fiscal and administrative responsibilities and their legal relationship and other matters of mutual interest not otherwise addressed or resolved in the terms of the School's charter. Written modification ofthis Agreement may be made by mutual agreement as set forth below. The parties recognize and agree that the Charter School is open to all students regardless of race, religion, sex, disability, or ethnic origin and that such provisions of non-discrimination shall apply as well to employment.

B.

c.

D.

E.

F.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein set forth, the Charter School and the District do hereby agree as follows:

MPUSD & LFLS MOU, Page 1 of 14

I.

TERM AND RENEWAL

A.

This Agreement shall commence on the date upon which it is fully executed by both parties. The term of this Agreement is for the term of the charter (see below). However, the parties agree to review this Agreement annually. By February 1 of each year, both parties will present proposed revisions to the MOD. If there is no agreement by March 30 ofthe current year, then the existing MOD will continue in effect until mutually modified except that the MOD shall expire upon the expiration or revocation ofthe Charter. The Agreement is subject to termination during the term or any renewal as specified by law or as otherwise set forth in this Agreement. Any modification of this Agreement must be in writing and executed by duly authorized representatives of both parties specifically indicating the intent of the parties to modify this MOD. 1. The duly authorized representatives of the Charter School are the Board of Directors of the Charter School and the Director. For purposes of amendment ofthe charter, the Board of Directors is required to take action. The duly authorized representatives of the District are the District Board of Education and Superintendent or designee. For purposes of amendment of the charter, the Board is required to take action. The District reserves the right of approving amendments and/or revoking the Charter School charter as specified in the Education Code section 47607.

B.

2.

3.

C.

The Charter School's charter renewal was approved by the MPDSD Board of Education on June 19,2006, for a five (5) year term. The charter will expire on July 30,2011. Education Code section 47607(a)(2) provides the procedure for a material revision of an existing charter. Dpon the execution of this Agreement by the parties and upon ratification and approval by the Board of Education of the School District, this Agreement shall be considered a material revision of the Charter and shall become a fully incorporated part of the Charter previously approved by the District. To the extent that this Agreement is inconsistent with any of the terms of the Charter, this Agreement shall supersede the terms of the Charter. As such, violation of this Agreement may be enforced by the District as violation of the charter under Education Code section 47607. Future review and extension of the Charter will be based upon, in part, compliance with the terms of any applicable Board policy and regulations, this MOD, the Charter, requirements of the Education Code, and supporting regulations. The District Board will review the material submitted in accordance with Board policy and this MOD, as well as the continued fiscal viability of the Charter and conformance with any annual audit issues. Review of the Charter shall also be in accordance with state law. In addition, and in accordance with state law, the District retains the right to revoke the Charter as specified in the Charter Schools Act.

MPUSD & LFLS MOU, Page 2 of 14

II.

DESIGNATION OF SCHOOL A. Charter School Name and Number of Sites. The Charter School pursuant to this Agreement shall be known as Learning for Life School. The Charter School may only change its name by mutual agreement of the parties. Learning for Life School shall be responsible for all functions of the Charter School subject to the terms and conditions set forth in this Agreement and its charter. The Charter School shall not be considered an "alternative" school or program under applicable accountability legislation. Moreover, the Charter School shall not operate more than one site without the express written prior approval of the District. Grade Levels. The Charter School shall serve students in grades 7 through grade 12. Annual Emollment Notice. On an annual basis and no later than March 1 of each year, the Charter School shall provide written notice to the District of the estimated maximum emollment plans and anticipated grade level offerings for the following school year. The Charter School recognizes that such notice is critical to District planning for the next year. The Charter School shall also provide a list of students emolled and the district of residence for each student in accordance with Section C above. The Charter School agrees to use its best efforts to give complete and accurate information regarding emollment to the District on an ongoing basis. The educational program and grade level offerings shall be in compliance with the charter petition approved by the District on June 19,2006, and any subsequently authorized amendments. Should the Charter School offer independent study or any form of non-classroom based instruction, the Charter School agrees to fully comply with the rules and regulations for independent study as interpreted by the District.

B.
C.

D.

E.

III.

PROGRAMMATIC AUDIT In addition to any performance audit data required in the charter, the Charter School will compile and provide to the School District an annual performance audit. This audit will, at a minimum, include the following data:

. . . . .

Summary data showing student progress toward the goals and outcomes specified in the Charter from assessment instruments and techniques listed in the Charter. Information regarding the number of students taking and passage rate of the High School Exit Exam, when applicable. An analysis of whether student performance is meeting the goals specified in the Charter. This data will be displayed on both a school-wide basis and disaggregated by major racial and ethnic categories to the extent feasible without compromising student confidentiality. A copy ofthe Charter School Board of Directors' self-evaluation on prior-year management performance, summary of major decisions, and policies established during the year and upcoming year goals. Data on the level of parent involvement in the school's governance (and other aspects of the school, if applicable) and summary data from an annual parent and student satisfaction survey. Data regarding the number of staff working at the school and their qualifications.

MPUSD & LFLS MOU, Page 3 of 14

.
.

.
IV.

A copy of the school's health and safety policies and/or a summary of any major changes to those policies during the year. Information demonstrating whether the school implemented the means listed in the Charter to achieve a racially and ethnically balanced student population. An overview of the school's admissions practices during the year and data regarding the numbers of students enrolled and the number on waiting lists. Analysis ofthe effectiveness of the school's internal and external dispute mechanisms and data on the number and resolution of disputes and complaints. Other information regarding the educational program and the administrative, legal, and governance operations of the school relative to compliance with the terms of the Charter generally as requested by the Board of Education or District staff.

FUNDING

A.

To the extent that the Charter School is required to submit records or information to the District or the Monterey County Office of Education in order to confirm funding, those records must be prepared by the Charter School in conformance with State law and District procedures, and software requirements. In addition to the block grant funding specified below, the parties recognize the authority of the Charter School to pursue additional sources of funding. When the District applies for additional sources of funding in the form of grants and/or categorical funding at the request of and for the benefits of the Charter School, the District will receive a percentage of such funds to be allocated to the Charter School as an indirect charge as agreed to at the time of application. Funds shall be allocated to the Charter School on a prorated basis related to the formula which generates the funds. For example, iffunds are generated on a per eligible student basis, they shall be allocated to the Charter School on a per eligible student basis minus the administration fee (indirect charge fee) charged by the District. The Charter School shall cooperate fully with the District in application made by the District on behalf of the students of the Charter School. The Charter School agrees to comply with all regulations related to expenditures and receipt of such funds.

B.

The parties agree that the funding entitlement per student attending the Charter School shall be the in lieu property taxes in the amount ofthe block grant entitlement specified by the State on an annual basis plus state aid. The transfer of revenue shall be in accordance with the funding formula and schedule found in the Education Code and regulatory provisions of AB 1115. The Charter School has elected to receive funding from the State directly, pursuant to Education Code Section 47652. 1. Other Funds. The Charter School is also entitled to lottery funds, class size reduction funds, a variety of state and federal application based programs, as well as various grant opportunities. Except as otherwise noted in this Agreement, it shall be the responsibility of the Charter School to apply for this funding which is beyond the basic statutory entitlement.

MPUSD & LFLS MOU, Page 4 of 14

2.

Revenue Transfers. Actual receipt of revenue to the Charter School derived from in lieu property taxes shall be in accordance with the District's receipt of such funds from the County of Monterey. To the extent that the County of Monterey provides a "float" of revenue to cover expenditures of the District (prior to actual receipt of tax-based revenues), such float shall be provided to the Charter School in the same manner. To the extent that the District is charged interest to cover such "float," the Charter School agrees to pay all interest charges related to its share of revenue.

C.

The Charter School agrees that all revenue obtained from the District shall only be used for the provision of educational services for school-age children enrolled in and attending the Charter School and shall not be used for purposes other than those set forth in the approved Charter and any authorized amendments.

v.

LEGAL RELATIONSHIP A. The Parties recognize that the Charter School is a separate legal entity under the control and direction of Learning for Life School. As such, the Charter School shall be considered to be operated by a non-profit public benefit corporation under Education Code section 47604. Therefore, the District shall not be liable for the debts and obligations of the Charter School. The Parties agree and understand that all employees of the Charter School shall be employees of the Charter School and that it shall be the employer for purposes of collective bargaining as provided in Education Code section 47605(b)(5)(O). The Charter School shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the District, its officers, board members, and employees from and against any and all claims, demands, actions, suits, losses, damages, liability expenses and costs including, without limitation, attorneys' fees and costs arising out of injury to any persons, including death or damage to any property caused by, connected with, or attributable to the willful misconduct, negligent acts, errors or omissions of the Charter School or its officers, employees, agents, and consultants, excepting only those claims, demands, actions, suits, losses, liability expenses, and costs caused by the sole negligence or willful misconduct ofthe District, its officers, directors, and employees. The District shall be named as an additional insured under all insurance carried on behalf of the Charter School. If this costs an additional premium, the District shall take this increase out of the 1% oversight. Any complaints/concerns received by the District about any aspect of the operation of the Charter School or about the Charter School shall be forwarded by the District to the Charter School. To the extent that such concerns/complaints may involve issues related to possible revocation or non-renewal of the Charter, the District may request that the Charter School inform the District of how such concerns/complaints were addressed. The Charter School agrees to provide such information. The Parties recognize that the Charter School shall not be obligated to release information which is determined by law to be confidential in nature and not subject to public release.

B.

c.

D.

MPUSD & LFLS MOU, Page 5 of 14

VI.

FISCAL RELATIONSHIPS A. The District and Charter School agree that the District shall not act as fiscal agent for the Charter School. It is understood that the Charter School shall be responsible for all fiscal services such as payroll, purchase orders, attendance reporting, and state budget forms but may contract with the District for services by way of a separate written agreement. Any such services and the fees for such services shall be drafted as an addendum to this MOD and incorporated by reference herein and approved by the Board of Education.

1.

To the extent that the District is required to submit financial forms on behalf ofthe Charter School, the Charter School is responsible for providing the necessary information to the District in a timely manner and in a format consistent and compatible with District software systems. The Charter School agrees to follow processing schedules and District business office procedures. The Charter School will establish a system for internal fiscal management and a calendar for fiscal services to include cash flow check points, hiring of auditor, audit timeline, and attendance reporting as further outlined below. This system shall be provided to the District in writing by September 1 of each year.

2.

B.

Average Daily Attendance. The Charter School will be responsible for its daily and month attendance accounting but may contract with the District for services by way of a separate written agreement. The Charter School will submit the attendance reports in accordance with the District format and State law and regulations to the District's attendance officer in a timely manner and in a manner which is consistent with District process and software. Annual Audit. The Charter School shall not be part of the annual District fiscal auditing process. The Charter School shall be responsible for having an annual fiscal audit done of the entire Charter School operation in accordance with all applicable laws. Such audit shall include all revenue/income and expenditures/allocations of the Charter School. A copy of the audit report shall be submitted to the District within one month of completion and must be sent to the California Department of Education by December 15thof each year. The Charter School and its employees at the Charter School agree to implement all audit recommendations of the District unless other terms are agreed to between the District and the Charter School. Bonds. In the event that the District seeks and receives a voter approval bond, parcel taxes, etc., the Charter School shall have no entitlement to any portion of the funds unless otherwise negotiated in advance or unless otherwise required by law. Both parties recognize that the parties should meet in advance of any action by the District to pursue such measures so to advise the Charter School and to determine the positions of the parties. The Charter School agrees that it has no entitlement to funds currently being received, if any, by the District under former parcel tax or bond elections. Loans. The Charter School agrees that it shall establish a fiscal plan for repayment of any loans received by the Charter School in advance of receipt of such loans. It is agreed that all loans sought by the Charter School shall be authorized in advance by the Charter School and shall be the sole responsibility of the Charter School and the District shall have no obligation for repayment. The Charter School shall provide

c.

D.

E.

MPUSD & LFLS MOU, Page 6 of 14

advance written notice to the District specifying its intent to apply for a loan. The Charter School shall also provide advance written notice of deposit of any sums which are loans and the plan for repayment.

F.

Cash Flow. Absent an agreement otherwise, the District shall not advance any funds to the Charter School. In addition, the District shall not act or provide a line of credit for the Charter School. Administrative Services. To the extent that the Charter School wishes to contract with the District for any services, a prior written contract with the District shall be required and shall be written as an addendum to this agreement and incorporated herein. It is understood that the District is interested in providing available services but at no cost to the District. Private Funding. It is recognized that either party may apply for private/grant funding. Any application that includes the other shall be approved in advance by the parties.

G.

H.

VII.

FISCAL CONTROLS The Charter School shall adopt and meet generally accepted accounting principles and shall adopt policies to ensure the Charter School's funds are used to most effectively support the Charter School's mission and to ensure that funds are budgeted, accounted for, expended, and maintained in an appropriate fashion. Such policies will include, but not be limited to, principals that ensure that: (1) expenditures are authorized by an accord with amounts specified in the Charter School Board-adopted budget; (2) the Charter School's funds are managed and held in a manner that provides a high degree of protection of the Charter School's assets; and (3) all transactions are recorded and documented in an appropriate manner that allow reporting to the State as required by the District, the County Office of Education, or Department of Education. A. Finance. The Charter School Executive Director will present a budget to the Charter School Board for review and approval. The Charter School will forward to the District the following reports by the designated dates: The First Interim Report (through 10/31) shall be due no later than December 15; the Second Interim Report (through 1/31) shall be due no later than March 15; the Preliminary Budget for the following school year shall be due no later than May 15; the Adopted Budget shall be due no later then June 30; and the unaudited actuals shall be due no later than September 15. Segregation of Duties. The Charter School will develop and maintain simple check requests and purchase order forms to document the authorization of all non-payroll expenditures. All proposed expenditures must be approved by the Charter School Director who will review the proposed expenditure to determine whether it is consistent with the Charter School Board-adopted budget and sign the check request form. A Learning for Life Charter School Board Director, in addition to the Executive Director, will sign all nonrecurring checks for amounts of more than $1,000. All transactions will be posted on an electronic general ledger. The transactions will be posted on the ledger by someone at the Charter School or a contracted bookkeeper. To ensure segregation of record recording and authorization, the bookkeeper may not co-sign check requests or purchase orders.

B.

MPDSD & LFLS MOD, Page 7 of 14

C.

Banking Arrangements. The Charter School will maintain its accounts either in the county treasury or at a federally-insured commercial bank or credit union. Funds will be deposited in non-speculative federally backed instruments. The Charter School's bookkeeper will reconcile the Charter School's ledger(s) with its bank accounts or accounts in the county treasury on a monthly basis and prepare (1) a balance sheet, (2) a comparison of budgeted to actual revenues and expenditures to date, and (3) a cash flow statement. The Charter School Director and fiscal committee ofthe Charter School board will regularly review these statements. The Charter School will deposit all funds received as soon as practical upon receipt. A petty cash fund, not to exceed $100, may be established with an appropriate ledger to be reconciled twice monthly by the Charter School site secretary, who shall not be authorized to expend petty cash. Purchasing Procedures. All purchases over $10,000 must include documentation of a good faith effort to secure the lowest possible cost for comparable goods or services. The Charter School Director shall not approve purchase orders or check requests lacking such documentation. Documentation shall be attached to all check and purchase order requests showing that at least three (3) vendors were contact and such documentation shall be maintained for three (3) years. All purchases in excess of$10,000 must be bid by a Charter School Board-approved process. Property Inventory. The Charter School Director shall establish and maintain an inventory of all non-consumable goods and equipment over $1,000. This inventory shall include the original purchase price and date, a brief description, serial numbers, and other information appropriate for documenting the Charter School's assets. Property will be inventoried on an annual basis and lists of any missing property shall be presented to the Charter School Board. Payroll Services. The Charter School may contract with the District or a reputable, bonded, and insured payroll contractor to prepare payroll checks, tax and retirement withholdings, tax statements, and to perform other payroll support functions. The Charter School Director will establish and oversee a system to prepare time and attendance reports and submit payroll check requests. The Charter School Director and Charter School Treasurer will review payroll statements monthly to ensure that (1) the salaries are consistent with staff contracts and personnel policies and (2) the proper tax, retirement, disability, and other witholdings have been deducted and forwarded to the appropriate authority. All staff expense reimbursements will be on checks separate from payroll checks. Upon hiring of staff, a personnel file will be established with all appropriate payroll-related documentation including a federal 1-9 form, tax withholding forms, retirement data, and use of sick leave. Attendance Accounting:. The Charter School Director will establish and maintain an appropriate attendance accounting system to record the number of days students are actually in attendance at the Carter School and engaged in activities required of them by the Charter School. The annual audit will review actual attendance accounting records and practices to ensure compliance. The attendance accounting practices will be in conformance with the Charter Schools Act and the California Administrative Code sections defining charter school average daily attendance.

D.

E.

F.

G.

MPUSD & LFLS MOU, Page 8 of 14

H.

Annual Financial Audit. The Treasurer will select and the Board will confinn an independent certified public accountant to perfonn an annual fiscal audit. The audit shall include, but not be limited to (1) an audit of the accuracy of the Charter School's financial statements, (2) an audit of the Charter School's attendance accounting and revenue claims practices, and (3) an audit of the Charter School's internal control practices. Property and Liability Insurance. The Charter School Director shall ensure that the Charter School retains appropriate property and liability insurance coverage. Property insurance shall be obtained and address business interruption and casualty needs, including flood, fire, earthquake, and other hazards with replacement costs coverage for all assets listed in the Charter School's property inventory and consumables. Premises and Board errors and omission liability insurance shall also be obtained and kept in force at all times on a "claims made" fonn with a selfinsured retention of no more than $50,000 per occurrence and limit of no less than $1 million per occurrence. Other Fiscal Control Policies. The Charter School shall develop and maintain other fiscal control policies as recommended by independent certified public accountants retained by the Charter School to advise it on fiscal control policy matters.

I.

J.

VIII. SPECIAL EDUCATION SERVICES / 504

The following provisions govern the application of special education to Charter School students: A. It is understood that all children will have access to the Charter School and no student shall be denied admission due to disability. The Charter School shall be solely responsible for compliance with Section 504. The Charter School agrees to implement a Student Study Team Process, a regular education function, to monitor and guide referrals for Section 504 and special education services. The District and the Charter School agree to implement and comply with IDEA as specified in Appendix A which is fully incorporated by reference herein.

B.

C.
IX.

INSURANCE AND RISK MANAGEMENT The Charter School will maintain at its own expense its own policies of comprehensive, liability insurance, and property damage coverage as set forth below for the operation of the Charter School. Additional insurance may also be obtained as required by law. A. Student Insurance. The Charter School students may participate at their own expense in student insurance coverage programs offered by the District. Workers' Compensation. General Liabilitv and Propertv Insurance. General liability insurance shall be in the amount of one (1) million dollars --- occurrence based. Property coverage shall be for replacement value. The amount of such insurance may be reviewed and revised by mutual agreement.

B.

c.

MPUSD & LFLS MOU, Page 9 of 14

D.

Health and Welfare Benefits for Employees.

1.
E.

The Charter School shall obtain necessary insurance commensurate with its corporate status and assets.

The Charter School shall obtain appropriate coverage for directors and officers.

x.

HUMAN RESOURCE MANAGEMENT All employees of the Charter School are employees of Learning for Life Charter School Corporation. The Corporation/Charter School shall have sole responsibility for employment, management, dismissal, and discipline of its employees. A. The Charter School will conform to the laws regarding background checks and fingerprinting. If the Corporation decides to offer existing or new employees of the Charter School the opportunity to participate in STRS or PERS, the Corporation shall be responsible for entering into a contract with STRS and/or PERS or the District. It is recognized that current staff members ofthe District that choose employment with the Charter School shall not have return rights to the District unless otherwise stated in a Board Policy or applicable collective bargaining agreement. Collective Bar~aining. The Charter School shall be the exclusive public school employee for purposes ofthe Educational Employment Relations Act (Government Code 3540 et seq.).

B.

C.

D.

XI.

FACILITIES A. The Charter School may decide to obtain its own site and thereby be responsible for the costs of maintenance and operations of its facilities. Such facilities shall meet all applicable health and fire code requirements and shall be of sufficient size to safely house anticipated enrollment. The Charter School shall not seek to exempt themselves from applicable zoning or building code ordnances without the advance written approval of the District. The parties acknowledge the decisions of the Charter School to exempt itselffrom application of the Field Act Standards and that it may offer educational programs in facilities that are not otherwise approved under the Field Act. The Charter School recognizes that its facilities and programs must conform with the Americans with Disabilities Act and any other federal or state requirement that may be applicable to charter schools. The Charter School will not establish more than one physical location/site without the prior approval of the District.

B.

c.

D.

MPUSD & LFLS MOU, Page 10 of 14

XII.

EVALUATION OF EDUCATIONAL PROGRAMS/CONFORMANCE

TO CHARTER

A.

Oversight and monitoring of the Charter School shall be in conformance with District Board policy and the terms of the approved charter. In addition, the Charter School shall furnish the District with an annual report and evaluation of its educational program as further outlined herein. The Charter School agrees to administer their current statewide mandated performance assessment(s). The Corporation shall be responsible for operating the Charter School in conformance with the provisions of the approved charter and this MOD. The Charter School shall, if applicable, comply with the High School Exit Examination provisions ofthe Education Code (Stats. 1999, Chap. IX) and any applicable regulations adopted there under --- including the limitation on graduation, when applicable. In addition, the Charter School shall, if applicable, comply with and be covered by the Public Schools Accountability Program. The Charter School shall not seek an exemption or waiver from any part of the Public Schools Accountability Program without prior written approval ofthe District. The Charter School shall follow the direction of the California Department of Education regarding the applicability ofthe Immediate Intervention! Underperforming Schools Program.

B.

C.
D.

XIII.

SPECIAL PROGRAM/SERVICES AND/OR ACTIVITIES/SPORTS In the event that either party to this Agreement wishes to have its students and or staff participate in a program/service/activity offered by the other party, advance approval and arrangements must be made. It is fully recognized that expenses for such participation may be charged in order that participation may be agreed upon. Such arrangements must be made with the appropriate site administration in advance and confirmed in writing. Charter School participation in California Interscholastic Federation activities and sports are subject to the rules and regulations of California Interscholastic Federation.

XIV.

CHARTER SCHOOL POLICIES AND PROCEDURES Copies of all policies and procedures applicable to the Charter School shall be provided to the District promptly upon adoption by the Charter School. Such policies/procedures shall include but not be limited to: A. Student rules/regulations for suspension and expulsion. Admission requirements if any, including enrollment procedures. Action taken to achieve a student population that is reflective of the community. Membership process for site councils or advisory committees. Description of decision making process by the local Charter School governing body and/or administration. Job descriptions for each position at the Charter School. Employment rules and policies including evaluation, hiring, and termination.

B.

c.
D.
E.

F. G.

MPUSD & LFLS MOU, Page 11 of 14

H.

Any other policies that are specifically referenced in the charter approved by the District.

The Charter School agrees to take all actions necessary to confonn its policies, procedures, and bylaws to applicable state and federal law.

xv.

FERP A (Family Educational Rights and Privacy Act). The District hereby designates employees of the Charter School as having a legitimate educational interest such that they are entitled to access education records under 20 U.S.C.A.1232g, the Family Educational Rights and Privacy Act and California Education Code 49076 (B)(6). The Charter School, its officers, and employees shall comply with the Family Educational Rights and Privacy Act at all times. In addition, it is agreed that the District shall have an educational interest in the educational records ofthe Charter School such that the District shall have access to these records.

XVI.

ADMISSIONS POLICIES/PRACTICES The parties agree that to the extent that enrollment exceeds capacity in any year of the Charter School operation, enrollment will be determined by a random lottery as further outlined in the Charter.

XVII.

BROWN ACT/PUBLIC RECORDS Upon approval of the charter petition and receipt of the CDS number, the Charter School shall conduct that portion of their board meetings regarding the charter school according to the Brown Act. The Brown Act requires boards to conduct their business in pre-announced and agendized open session unless specific conditions exist that justify the meeting of a board in closed session. In addition, the Charter School understands and agrees that all of its records that relate in anyway to the operation of the charter school are public records subject to the requirement of the Public Records Act (Government Code section 6250 et seq.) as well as Education Code section 47604.3.

XVIII.

PUPIL TRANSPORTATION The Charter School shall be responsible for any transportation offered to students who enroll in the Charter School with the exception of transportation of special education students whose transportation is mandated by an Individualized Education Plan ("IEP"). Such transportation will be provided as described in Appendix A to this agreement regarding special education services to the Charter School.

XVx.

LEGAL SERVICES/OTHER SERVICES The Charter School shall be responsible for procuring its own legal counsel and the costs of such services. The Charter School reserves the right to subcontract any and all services specified in this Agreement to the District and/or to public or private subcontractors as pennitted by law.

XX.

OVERSIGHT As provided in the Education Code, one percent (1%) of all Charter School revenues (excluding grants and monies outside of the funding model) shall be paid on an annual basis to the District for oversight services. If District facilities are offered and accepted by the Charter School, the annual fee shall be one percent (1%) of the Charter School revenues. Payment shall be made as detennined at the tri-annual meetings.

MPUSD & LFLS MOD, Page 12 of 14

XXI.

SEVERABILITY

If any provision or any part of this Agreement is for any reason held to be invalid and or unenforceableor contrary to public policy, law or statute and/or ordinance,the remainder of this Agreement shall not be affectedthereby and shall remain valid and fully enforced. XXII.
NOTIFICATION All notices, requests, and other communications under this Agreement shall be in writing and mailed to the proper addresses as follows:

To the District at:

Monterey Peninsula Unified School District Superintendent's Offi ce P.O. Box 1031 Monterey, CA 93942-1031 Learning for Life School Attn: Director 330-F Reservation Road Marina, CA 93933

To the Charter School at:

This Agreement contains the entire agreement of the parties with respect to the matters covered hereby, and supersedes any oral or written understandings or agreements between the parties with respect to the subject matter of this agreement excepting only those written agreements that modify or amend this Agreement. No person or party is authorized to make any representations or warranties except as set forth herein, and no agreement, statement representation, or promise by any party hereto which is not contained herein shall be valid or binding. The undersigned acknowledges that she/he has not relied upon any warranties, representation, statements, or promises by any of the parties herein or any of their agents or consultants except as may be expressly set forth in this Agreement. The parties further recognize that this agreement shall only be modified in writing by the mutual agreement of the parties.

By:
Learning for Life School

By: Monterey Peninsula Unified School District

Date:

Date:

Board approval and ratification certification on following page.

MPUSD & LFLS MOU, Page 13 of 14

Approved and ratified this day of ,2007, by the Board of Education of the Monterey Peninsula Unified School District by the following vote:

AYES: NOES: ABSTAINS: ABSENT:

Certification by the Superintendent Attachment: Appendix A (Special Education) LFLS:jif

MPUSD & LFLS MOU, Page 14 of 14

SPECIAL EDUCA nON MEMORANDUM OF UNDERSTANDING BETWEEN MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT AND LEARNING FOR LIFE SCHOOL This is an agreement ("Agreement") between the Monterey Peninsula Unified School District ("District"), a public school district, political subdivision of the State of California and a member of the Monterey County Office of Education Special Education Local Plan Area ("SELP A"), and Learning for Life School ("Charter School") to set forth the responsibilities of the parties with respect to the delivery and financing of special education services to children enrolled in the Charter School. The Charter School and the District are collectively referred to as the "parties." I. RECITALS A. The District is the granting agency of the Charter School. The District approved the Charter School charter on June 19,2006, for a term of five (5) years. The Charter School shall be categorized as a "public school" within the District in conformity with California Education Code section 47641, subdivision (b) for the purposes of special education. The Charter School's students will be students of the District for purposes of special education. The District will serve as the Charter School's local educational agency ("LEA") for the purposes of special education, and as such must take steps to ensure that all children with disabilities enrolled in the Charter School receive special education and designated instruction and services in conformity with their individualized education plans ("IEP") and in compliance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.c. 1400 et seq.), its implementing regulations and all applicable state and federal law. (Ed. Code, 47646, subd. (a).) This agreement has the purpose of clarifying the roles and responsibilities of the parties with regard to students who are enrolled and attend the Charter School and are or may be eligible for special education and related services under the IDEA.

B.

C.

D.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein set forth, the Charter School and the District do hereby agree as follows: II. TERM The term of this Agreement shall be for one school year, from July 1,2006, to June 30, 2007, but shall be annually reviewed unless either party notifies the other of its desire not to extend the Agreement by June 29, 2007, prior to expiration of this Agreement. This Agreement may be amended by mutual written agreement of the parties at any time. III. DESIGNATED REPRESENTATIVE The District's designated representative shall be the Superintendent or designee and shall have the authority to act on behalf of the District. The Charter School shall designate the Charter School Executive Director or a designee to have the authority to act on behalf of the Charter School, except to the extent action by the Governing Board of the Charter School is legally required.
MPUSD & LFL SPED MOU, Page 1 of9

IV.

NONDISCRIMINATION IN ADMISSIONS All students will have access to the Charter School and no student shall be denied admission due to his or her disability. (20 U.S.c. 1412(a)(2); 34 C.F.R. 300.503; Ed. Code, 47605, subd. (d).)

V.

SECTION 504 AND THE ADA The parties agree that this Agreement is intended to address the responsibilities of the parties with respect to the provision and financing of special education services under the IDEA and does not cover services or accommodations required under Section 504 of the Rehabilitation Act of 1973 ("Section 504"), nor under the Americans with Disabilities Act ("ADA"). The Charter School shall be solely responsible, at its own expense, for compliance with Section 504 and the ADA.

VI.

SPECIAL EDUCATION FUNDING The services under IDEA will be provided and the District retains the prerogative to reduce the property tax apportionment to cover any and all expenses as covered in the Addendum to Appendix A, Agreement Regarding Special Education Services. The District will bill the Charter School on an annual basis for only the specific Special Education Services rendered to the Charter School. If payment is not received within 30 days, then the amount due may be deducted from the property tax apportionment.

VII.

PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES A. General Provisions 1. Intent of the Parties. The Charter School and the District intend to jointly ensure that all students with disabilities who attend Charter Schools are provided a free appropriate public education (FAPE) in compliance with the IDEA (20 D.S.C. 1400 et seq.) and California Education Code section 56000 et seq. Provision of Services. A child with disabilities attending the Charter School shall receive special education and related services in the same manner as a child with disabilities who attends another public school of the District. (Ed. Code, 56145.) A full continuum of special education programs and related services shall be provided to Charter School students as required by an individual student's IEP. In cases where the intensity and nature of the students' needs require a level of service beyond those offered at the Charter School site, the District may recommend that the necessary and related services be provided in the District in order to provide FAPE. Division and Coordination of Responsibility. The District and the Charter School agree to allocate responsibility for the provision of services, including but not limited to identification, evaluation, IEP development and modification, and educational services, in a manner consistent with their allocation between the District and its local public school sites, and in conformity with applicable state and federal law. Where particular services are generally provided by staff at the local
MPDSD & LFL SPED MOD, Page 2 of9

2.

3.

school site level, the Charter School, subject to District approval, may provide staff and programming. Where particular services are provided to the school by the central district office, those services will be made available to the Charter School in a similar fashion.

4.

Days of Service. Special education services shall be available to the Charter School for the same total number of days each year that such services are available to District students. Extended school year services will be provided at a centralized site for no more than 20 days during the summer intersession. Staffing Requirements. All special education and related services must be provided by qualified personnel meeting state certification, licensing, registration or other applicable requirements. (34 C.P.R. 300.23 and 300.24.) To the extent that the District and/or SELPA provide training opportunities and/or information regarding special education to site staff, such opportunities and/or information shall be made available to Charter School staff.

5.

6.

Contracts with Non-District Providers. The Charter School shall not contract with any outside person or agency for the provision of special education and/or related services to Charter School students without the prior written approval of the District. Moreover, any such contracts may only be entered into with nonpublic schools or agencies properly certified by the State of California. Student Records. The Charter School is responsible for obtaining the cumulative files, prior and/or current IEPs and other special education information on any student enrolling from a non-District school. The District shall forward copies of all such information to the District. The District will ensure that the Charter School is provided with notification and relevant files of all students transferring to the Charter School from a District school, who have an existing IEP, in the same manner that it ensures the forwarding of such information between District schools. All records and files will be released with the signed permission of the Parent/Guardian. Notice of Procedural Safeguards. The Charter School shall provide the Parent/Guardian with a notice of procedural safeguards when: a Parent/Guardian asks for a copy; the first time a child is referred for special education assessment; each time a Parent/Guardian is notified of an IEP meetings; each time a child is reassessed; each time a Parent/Guardian requests mediation; and each time a Parent/Guardian requires a due process hearing. (20 U.S.C. 1415(d)(1); Ed. Code, 56301,56321, 56500.3(k) and 56506(a).)

7.

8.

MPUSD & LFL SPED MOU, Page 3 of9

B.

Enrollment, Identification and Evaluation 1. Enrollment Information. The Charter School shall include on its enrollment formes) a question regarding whether the student seeking to enroll in the Charter School is, or may be, a student eligible for special education and related services. The Charter School shall provide the District with a list of special education students enrolled in the Charter School at the beginning of each school year and shall update the list on a quarterly basis. Identification and Referral. The Charter School shall have the same responsibility as any other public school in the District to work cooperatively with the District in identifying and referring students who have or may have exceptional needs that qualify them to receive special education services. The Charter School will develop, maintain, and implement policies and procedures to ensure identification and referral of students who have, or may have, such exceptional needs. These policies and procedures will be in accordance with California law and District policy. The District shall provide the Charter School with any assistance that it generally provides its other public schools in the identification and referral processes. A pupil shall be referred for special education instruction and services only after the resources of the regular education program have been considered and where appropriately utilized. (Ed. Code 56303.) The development of an assessment plan requires the participation of a District employee qualified to assess the area of suspected or identified need. Assessment. District staff shall conduct all necessary special education assessments of Charter School students, including but not limited to initial assessments, annual assessments and triennial assessments, unless the parties agree otherwise in writing. All such assessments will be conducted by qualified personnel and comply with state and federal law and regulations. (20 D.S.C. 1414(a)-(c); 34 C.F.R. 300.532; Ed. Code, 56320; Cal. Code Regs., tit. 5, 3023.) Neither the District nor the Charter School may conduct any assessment without first obtaining the written consent of the Parent/Guardian. (20 D.S.C. 1414(a)(l)(C); 34 C.F.R. 300.505; Ed Code, 56321.) If a Parent/Guardian refuses to consent to an assessment the District or the Charter School believes is required to provide a Charter School student with FAPE, the Charter School shall immediately notify the District. The Charter School shall not refer its students for independent educational evaluations without prior written approval of the District. 4. Interim Placement. For students with a current IEP who enroll in the Charter School from a school outside the SELPA, the District shall immediately provide the student with an interim placement not to exceed 30 days. The interim placement must be in conformity with an IEP, unless the Parent/Guardian agrees otherwise. The IEP implemented during the interim placement may be either the student's existing IEP or a new IEP developed in conformity with applicable
MPUSD & LFL SPED MOU, Page 4 of9

2.

3.

the policies, procedures and requirements of the District, the SELPA and applicable law. Whenever the Charter Schools take, proposes or refuses to initiate or change the identification, evaluation or educational placement of a Charter School student, the Charter School must, in consultation with the District, provide the Parent/Guardian with prior written notice of such action. (34 C.F.R. & 300.503.) In the event that either party believes that placement in a District program is necessary to provide a student with FAPE, such placement shall only be made by an IEP team comprised of representatives of the Charter School and the District.

2.

Independent Study. No Charter School student may participate in independent study, unless his or her IEP provides for such participation. The determination regarding the appropriateness of independent study for a particular student shall be made by the IEP team. (Cal. Ed. Code, 51745, subd. (c).) Referral to Nonpublic or Private Schools. The Charter School shall not make referrals for placement at nonpublic schools, private schools or residential placements without consultation with and prior written approval of the District. If a parent unilaterally places a student at a nonpublic school, private school or in a residential placement, the Charter School shall immediately notify the District upon learning such information. Transition Services. The District and the Charter School shall jointly ensure the provision of appropriate transition services to Charter School students in the same manner they are provided to other eligible students in the District. (20 V.S.C. 1414(d)(1)(A)(vii); 34 C.F.R. 300.29 and 300.347(b); Ed.Code, & 56345.1.) Transportation. The District shall provide transportation to any Charter School student, if required by that student's IEP. The Charter School shall not provide special education transportation to its students, unless the parties agree otherwise. All special education transportation shall be provided in the same manner it is provided to other eligible students in the District.

3.

4.

5.

VIII.

DISCIPLINE OF SPECIAL EDUCA nON STUDENTS A. Suspension and Expulsion. The Charter School shall adopt the District's discipline policies as they relate to special education students. These include, but are not limited to policies regarding suspension, expulsion, conducting functional analysis assessments, drafting and reviewing behavior interventions plans, and conducting manifestation determination reviews. If a Charter School student is suspended for more than 10 days in any school year and/or commits an expellable offense, the Charter School shall immediately inform the District.

MPVSD & LFL SPED MOV, Page 6 of9

IX.

COMPLAINTS AND DISPUTE RESOLUTION

A.

Parent Concerns. The Charter School shall instruct Parents/Guardians to raise concerns regarding special education services, related services and rights to District and/or Charter School staff. Whenever a Parent/Guardian raises a concern regarding special education and/or related services, the Charter School shall immediately inform the District. The District representative in consultation with the Charter School's designated representative shall respond to and address the Parent/Guardian concerns. Complaints. In consultation with the Charter School, the District shall address/respond/investigate all complaints received under the Uniform Complaint procedure involving special education. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to such complaints. Due Process Hearings. In consultation with the Charter School, the District may initiate a due process hearing related to the provision of FAPE to a Charter School student, if the District determines is legally necessary to meet the District's responsibilities under federal and state law. The District and Charter School shall work together to defend any due process hearing brought by a student enrolled in the Charter School. In the event that the District determines that legal counsel representation is needed, the District/Charter School shall be jointly represented by legal counsel, unless there is a conflict of interest. In the case separate counsel is needed by the Charter School, the Charter School shall be responsible for the separate costs of its legal counsel, in addition to its responsibilities for costs as set forth in this Agreement. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to due process hearings in which the District and/or the Charter School is a party.

B.

c.

X.

SELPA ACTIVITIES AND MEETINGS The District Superintendent or designee shall represent the Charter School at all SELPA meetings as it represents the needs of all schools in the District. Reports to the Charter School regarding SELP A decisions, policies, etc. shall be communicated to the Charter School as they are to all other schools within the District. To the extent that District site staff have the opportunity to participate in committee meetings of the SELPA as representatives of their district, such opportunities shall be made available to Charter School staff.

XI.

INDEMNIFICATION OF DISTRICT BY CHARTER SCHOOL Charter School agrees to defend, indemnify and save harmless the District from and against any and all claims, demands, losses and expenses (including without limitation any and all attorneys fees and consultant fees) arising out of or resulting from Charter School's negligent or wrongful acts or omissions in the performance of this Agreement. Prior to commencing operations, Charter School shall provide the District with adequate proof that it has the financial resources to meet its indemnification obligations through one of the following means:
MPUSD & LFL SPED MOU, Page 7 of9

1.

An insurance policy with at least $500,000 policy limits which expressly insures the Charter School against attorneys fees, costs, damages and expenses arising from special education due process hearings and any other claims or litigation arising from special education services issues; A cash bond posted with the District in the amount of$lOO,OOO.OO guarantee to Charter School's obligations under this Agreement; or A written guarantee, in a form satisfactory to the District and from a person or entity acceptable to the District, which has at least one million dollars ($1 million) in net worth represented by tangible assets, guaranteeing Charter School's obligations under this Agreement.

2.

3.

XII.

COST CONTAINMENT EFFORTS Charter School and District acknowledge the importance of containing the costs of providing special education services to individual students so that these costs do not exceed the amount the District would normally expend if the student being served were attending a District school. Accordingly, Charter School agrees to fully cooperate with the District in order to achieve cost efficiencies. An example ofthe expected cooperation would be for the Charter School to provide transportation for a student to receive services at a District site, rather than having a special education services provider travel to the Charter School site to provide services to a small number of students.

XI.

INDEMNIFICATION OF DISTRICT BY CHARTER SCHOOL

A.

Venue. The validity of this Agreement and any of its terms or provisions as well as the rights and duties of the parties shall be governed by the laws of the State of California, and venue shall lie only in Monterey County Superior Court. Modifications. No modifications, amendments, changes, or variations or any kind to this Agreement are authorized without written consent, evidenced by execution of an amendment by an authorized representative of the District. Interpretation. The language herein shall be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all parties shall be treated as equally responsible for such ambiguity. Integrate Agreement. This Agreement is intended by the Partiers as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. Each of the Parties acknowledges that no one has made any promise, representation or warranty whatsoever, express or implied, written or oral, not contained herein to induce them to execute this Agreement, and that this Agreement is not executed in reliance upon any such promise, representation or warranty. Non-Assignabilitv. This Agreement may not be assigned by the Charter School.

B.

c.

D.

E.

MPDSD & LFL SPED MOD, Page 8 of9

F.

Binding Effect. This Agreement is binding upon the successors and assigns of the parties, subject to the non-assignability restrictions set forth in subsection E above. Survival of Covenants. Notwithstanding termination of the Agreement, the indemnification provisions shall survive and be fully enforceable notwithstanding the termination date of the Agreement. Notices. All notices required by this Agreement may be sent by United States mail; postage pre-paid, to the parties as follows:

G.

H.

District:
Monterey Peninsula Unified School District Superintendent's Office P.O. Box 1031 Monterey, CA 93942-1031 Facsimile: 831-649-4175 E-Mail: ilamb@mpusd.k12.ca.us

Charter School: Learning for Life School Attn: Executive Director 330 F Reservation Road Marina, CA 93933 Facsimile: 831-582-9825 E-Mail: cindyd@learningforlifeschool.com

Any notices required by this Agreement sent by facsimile transmission or electronic mail to the facsimile and electronic mail addresses above shall be considered received on the business day they are sent, provided they are sent during in the receiving party's business hours and provided receipt is confirmed by telephone, facsimile, or electronic mail, and further provided the original is promptly placed into the United States mail, postage pre-paid, and addressed as indicated above.

Each person below warrants and guarantees that s/he is legally authorized to execute this Agreement on behalf of the designated entity and that such execution shall bind the designated entity to the terms of this Agreement. This Agreement may be signed in counterpart such that the signatures may appear on the separate signature pages. Facsimile or photocopy signatures shall have the same force and effect as original signatures.

By: Monterey Peninsula Unified School District

By: Learning for Life School

Date:

Date:

MPUSD & LFL SPED MOU, Page 9 of9

ADDENDUM TO APPENDIX A AGREEMENT REGARDING SPECIAL EDUCATION SERVICES

This is an addendum to the agreement executed between the Monterey Peninsula Unified School District ("District'') and Learning for Life School ("Charter School") to further implement the delivery of special education services to children enrolled in the Charter School. The purpose of this addendum is as follows:

. .

To define the schedule of reimbursement for special education services provided by the District to the Charter School To define the District's Fiscal Year To list the employees responsible for tracking hours for pre-referral, Section 504 and IEP services rendered.

The Charter School must adhere to the pre-referral process as outlined in section number 3 of the Appendix A Agreement Regarding SpecialEducationServices.
The Charter School must provide space for District staff responsible for assessing an referred students as outlined in section number 4 of the Appendix A Agreement Regarding Special Education Services. The Charter School must also provide access to the general education curriculum and comparable classroom materials as well as access to the copier, a computer, and other necessary office equipment. The District will provide all necessary assessment materials and supplemental curricula to assess referred students and serve those identified with special education needs. The Charter School will be billed by the District on or before June 30 of that school year. The Charter School is entitled to access staff services logs for audit purposes.

In the event that there is a dispute regarding services and/or billing. the matter will be addressed by the Director of Special Education, Chief BusinessOfficer, and/or Superintendentor hislher designee.
In the event of a due process hearing. legal fees, mediation settlements as well as any additional related fees up to $25,000.00 collectively will be split equally between the District and Charter School. Any settlement or related costs beyond this amount will be the responsibility of the district of residence. This is inclusive of any NPS and/or NPA costs.

The attached Table 1 lists the total hourly cost of services for Pre-Referral, Section 504, and IEP development and implementation.
The General Fund contribution offset is through the District's retention of state, federal, and local assistance apportioned for serving students with exceptional needs.

MPUSD & LFLS Anvtndix A - SPED. Pa2e 1

Table [

DESIGNATED INSTRUCTION ANDSERVICESiRELATEDSERVICES: ESTIMATE I

r.STIM..~TED ESTIMATED

Pupil's Name: First:

SERVICE PROVIDED

TOTAL
OPTIONAL

COST PER

SESSIONS
U},i'TIL }'"EXT rsF'

, , I START I

Last:

i
: ML",,'TE$

FR.EQUE.'iCYi WKJ I~"I'-O i ""'.,,-> " M o ,,-" .''''''

t IN t>.1A.5TER I
CONTRACT

HOu'R AS SET FORTH

I I

OPTTOl'i-/,L

! DATE

(EQUALS COST P E,~ HOUR TIMES (.:q

PERWEEK/. YEAR MONTH! YEAR)

$1'!Y.ATED SE$SiON$,TIMES

-~--~--; I

(X) HOUFSI'ER
SESSiON!

i
I

I 1. Adapted PE I !
I

I 2. 1:1 Assistant (Temporary)

3.Behavior I Intervention 4.CounseHllg

$65.00 I$25.00

i 5.a.T.

:6. Speech/Lang
I,7. H!Nursing
I 8. Psychologist i

i i $80.00 i I $80.00 I $75.00

I$75.00
I$20.00
!

$65.00

:9. RSP ~-----.

i $90.00

i $55.00
$TBD

, 10. Transportation

! n. SDC ! 12.0.M.
i 13.Adapted Vision
'14. Home Instruction
*~fAxIMU1Y!
!

I q"T:: n{J
j 4'/J.vV

i $75.00
I

Hospital

I
AND RELATED

1
SERVICES COST!

i I

I $30.00
(C)
I

DIS

Above

ESTIW. TE
I

i *MAXIMu'MTOTALBASIC EDDCATIONCOST ESTfMATE l

Estimated : Totals.
i

(A'; I Item A from

.)

! *Ma.xirilum Tota.l
i

I oaRe1

Basic Education and illS/Related

INSTRUCTIONAL DAYS

Services

I (A + C)

Cost Estimate
ESTIMATED PER DIEM

!(A
lJ22

-"-

! dividea

C by

,I
1:'['('icess
Pare!!.!, teacher

,
0: Staff

CODC;;rTIS Idei1tifi~d notes con~::l).$ regarding:

Behavior
fI_tt~D.Gartce

Identified lroDai:rwent

AcademicsSoc-enotlona: Health
\
II! ..&-

Team Meeting 8: Dat2 Collection --~ D:>Clli:lent game: data- ie; class:a!!.k,test scor:::s, arem contact, Bte 2.!lC p iCollabo:a:e ;;i:1:1 colleagues artdJorpreviollsteaohers.at 'Cea:m/c.epc..'"'D:lem m~eti!lgs & aOC1J!!lent ;"fa,
Develop a:ld implem~nt cl2.sSTooms::rategi:;s a:ld lor i::!:;rve.ntlons to !mpleme11t and.record (2-4 wks)

,.'''-.

. ........ ~ ... . ..... ....'

Succ::sstJ1 bti:rvem::::; w",tet &. "

"
Reier to S5T
Contact parent (;.0!:lplete referral packe: S..b:mi;:to SST Coorcii:natOr or CST
l'-iote schedule dace a:lQ CO!1cact par:::::11

.. .

CO'1S1llt ... 2$ .. , ::l::~:i~d ,' . .,

.., ... ..

..

1:
"\

,"

S8! 1
Team ide:J.tfies stud:;;;: streJlgms a:ld cla:iiies conce:::s Screening 2.sess:mer:.':S zu~ed if!lecessz..-y (ie:T13S II, ViAST) i-.orion plar.. is, ". d.e.veloped-." appropr'2.!e :::D.:;;'''''eis and. .. es:aJilSD:G.!Or IOliOW--ap meewng (5-'1 wks)

_.

,-..
'7?'::-::::::::

lo.e::.:::::::J

:.

. ... .... ... l:n:e.;-v:::::::.; .. . ..

,.'.~ .
Sll:::2sfill

SST2
I:am R:view

"!
j

,
!

Document
i

..

.. . 2:::6:6 ...'

wa:tcn , &. ,.. co:::5'-\;: .. as

.. . 'D~. ' J.:!!erv::::::lO!!.~sU!.:s (lwk ?ri::to ;;:!~=g;

"

... ... ......

btensify

I
l\:1GJ0: ;::J.odify

I
;

\
!

i Consclzion ! professionals ilivi'red

2.need:d

dasSToom stra.~gies ud. Seerv'entia!;s i", 0""''' '''' x"''' \l ~'. -"...' ,~",.;.~" ~~:'P'0 " 4"--" -~. -~,_V-

~ " "\

~..J

Referral:
504 Tea..-r:
Special 3d. ASSeS5:iJem Team
CYcher agency

'~

~~

Resched~~e~~; '!: fC:!1~liOW-'.lP

.

i ,
(If studer.t doltS not qualtJ'y SST w

reconvel:e)
FS i {g.-OS)

/)

SSTI lv.tEETING PROCESS (" Reason for referral stared

-~

Student strengths are identified Current status and concerns clarified Parem input and perspective on outside of school behavior noted

Data CGUCc::.iiOD r~ardi!lg referral r"viewed

~

<

I
.AJl STw.dents Cum & Health ,,,cords ROIDe LanO'uaae survey.

\
LanruaiZe YlinOrl7V StG.d.~n:s Language oniome Current Lan",a-uage ominance Testing D Language usage; homeJschoolfcommun. Time in DS Programs of Instruction; ESL, SDft...l... Support Servkes Acculmration

Test Scores Work Sampies Intervention Reports .Previous Ed History Standard~d Test Scores 0 bserva nons/Reeo mmenda non> In!:orviews; reacherJparentisrndenr ParentJ~acher conference resu.h:s Behavior issues aud how addressed

! !
"
;

I I

--Team Reviews '8ST Discussion Gllideiin"s' Devekps ar1Action Pum Est2.blishes appropria~ tline lines for implememation aDd follow-up meeting '-

i I i i ./
I

SSTII MEETIJllG PROCESS

rl
.-\P successful Cont. str-ategies & modification Set time period for watch & consult File in cum an documentation

Team reconvenes to review results of me recomme!lch,d action plan

" i I

1. (

"
Pros-ess
demonstrated but more follow-uD desired Cont. monitoring, c.b.angeJmodify strategies E:i-pand AP Set follow-up m"eting date
/'" {

,
'" j ../

Progress nm demonstrated Make additional recommendations; expand SST r-esoun:es, school-based support program, gather additional infonnation if any needed Consider if referral for Special Education to determine assessment pian is appropriate Establish follow-up meeting date

'-

FS2 (9-05)

--

.-

- ..

LEARNING FOR liFE SCHOOL

"ScfWo{ty"our Way!.

Special Education Options (SPED Disclaimer)

Ifyour student has been receiving special education services, please let it be known that Learning for LifeCharter School mightnot be able to provide
the services of your child's current IEP.
As a parent, you have the right to:

1. Pursue an active IEP through Learningfor Lifewith placementfor required classroomserviceswith the Monterey Peninsula Unified School District.
2. Change the current IEP to reflect removal from special education services.
Ii

Stipulate what services Learning for Life Charter School shall provide to meet your child's special learning needs.

r.:J

3. Choose to disenrolJ your child from special education.

Please understand there is a limited range of services we are able to provide at Learning for Life Charter School.

I, the parent/guardian of read and I understand the above disclaimer.

have

Signed:
33O-F Reservation Road MarinaCA93933 831.582.9820(TEL) 831.582.9825 (Fax)

Date:
Ondy S Dotson. Executive Director

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:
DATE: ITEM:

Board of Education

January 22, 2007 ACTION: ApproveSpecialEducation Memorandumof Understanding and Addendum with the International School of Monterey

INTRODUCTION:

On January 8, 2007, the Board approved the Memorandum of Understanding with the International School of Monterey. The Special Education Memorandum of Understanding and Addendum regarding selVices were not included.
BACKGROUND:

A Memorandum of Understanding regarding the District's working relationship related to special education responsibilities needs to be approved.
OBJECTIVE:

To approve the Memorandumof Understandingterms and conditions which delineate the working relationship between the Districtand the International School of Monterey.
COST/FUNDING SOURCE/FISCAL IMPACT:

The Districtis requiredto maintainfiscaloversightof special education responsibilitiesor the f International School of Monterey.
RECOMMENDATION(S):

That the Board of Education approve the Special Education Memorandum of Understanding and Addendumwiththe InternationalSchoolof Monterey.

PREPARED

BY

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION

Jeatkie Fernandez inistrative Assistant

SPECIAL EDUCATION MEMORANDUM OF UNDERSTANDING BETWEEN MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT AND INTERNA TIONAL SCHOOL OF MONTEREY This is an agreement ("Agreement") between the Monterey Peninsula Unified School District ("District"), a public school district, political subdivision of the State of California and a member of the Monterey County Office of Education Special Education Local Plan Area ("SELP A"), and the International School of Monterey ("Charter School") to set forth the responsibilities of the parties with respect to the delivery and financing of special education services to children enrolled in the Charter School. The Charter School and the District are collectively referred to as the "parties." I. RECITALS A. The District is the granting agency of the Charter School. The District approved the Charter School charter on June 19,2006, for a term of five (5) years. The Charter School shall be categorized as a "public school" within the District in conformity with California Education Code section 47641, subdivision (b) for the purposes of special education. The Charter School's students will be students of the District for purposes of special education. The District will serve as the Charter School's local educational agency ("LEA") for the purposes of special education, and as such must take steps to ensure that all children with disabilities enrolled in the Charter School receive special education and designated instruction and services in conformity with their individualized education plans ("IEP") and in compliance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.c. 1400 et seq.), its implementing regulations and all applicable state and federal law. (Ed. Code, 47646, subd. (a).) This agreement has the purpose of clarifying the roles and responsibilities of the parties with regard to students who are enrolled and attend the Charter School and are or may be eligible for special education and related services under the IDEA.

B.

C.

D.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein set forth, the Charter School and the District do hereby agree as follows: II. TERM The term ofthis Agreement shall be for one school year, from July 1,2006, to June 30, 2007, but shall be annually reviewed unless either party notifies the other of its desire not to extend the Agreement by June 29, 2007, prior to expiration of this Agreement. This Agreement may be amended by mutual written agreement of the parties at any time. III. DESIGNATED REPRESENTATIVE The District's designated representative shall be the Superintendent or designee and shall have the authority to act on behalf of the District. The Charter School shall designate the Charter School Executive Director or a designee to have the authority to act on behalf of the Charter

MPUSD & ISM SPED MOU, Page 1 of 10

School, except to the extent action by the Governing Board of the Charter School is legally required. IV. NONDISCRIMINATION IN ADMISSIONS All students will have access to the Charter School and no student shall be denied admission due to his or her disability. (20 D.S.C. 1412(a)(2); 34 C.F.R. 300.503; Ed. Code, 47605, subd. (d).)

v.

SECTION

504 AND THE ADA

The parties agree that this Agreement is intended to address the responsibilities of the parties with respect to the provision and financing of special education services under the IDEA and does not cover services or accommodations required under Section 504 of the Rehabilitation Act of 1973 ("Section 504"), nor under the Americans with Disabilities Act ("ADA"). The Charter School shall be solely responsible, at its own expense, for compliance with Section 504 and the ADA. VI. SPECIAL EDUCATION FUNDING A. Retention of Special Education Funds by the District. The Charter School, which has been deemed a public school of the District, shall participate in state and federal funding in the same manner as any other public school of the District. (Ed. Code, 47646, subd. (a).) The parties agree that, pursuant to the division of responsibilities set forth in this Agreement, the District has agreed to provide special education services for the Charter School, consistent with the services it provides eligible students at its other public schools. Consistent with this division of responsibility, the District shall retain all state and federal special education funding allocated for Charter School students through the SELPA. Charter School Contribution to Encroachment. The Charter School shall owe the District a pro-rata share of the District's unfunded special education costs (encroachment). At the end of each fiscal year, the District shall calculate the Charter School's pro-rata share of the District-wide encroachment for that year as calculated by the total unfunded special education costs of the District (including those costs attributable to the Charter School) divided by the total number of District ADA (including Charter School students) and multiplied by the total number of Charter School ADA. Charter School ADA shall include all students, regardless of home district. Payments for encroachment shall be made by the Charter School pursuant to the following schedule: October 31: 25% of Charter School's estimated pro-rate share of encroachment based upon prior year encroachment adjusted by a credit or deduction to reflect any difference between Charter School's actual pro-rata share for the prior year and actual payments made. If it is determined that the Charter School has paid more than its actual pro rata share of encroachment, such amounts shall be refunded to the Charter School, or at the sole option of the Charter School applied to the encroachment of the following school year. January 31: 25% of Charter School's estimated pro-rata share of encroachment based upon prior year encroachment.

B.

MPDSD & ISM SPED MOD, Page 2 of 10

April 30: 25% of Charter School's estimated pro-rata share of encroachment based upon prior year encroachment.

July 15: 25% of Charter School's estimated pro-rata share of encroachment based upon prior year encroachment.

For the 2006-2007 schoolyear, Charter School's estimatedpro-rata share of

encroachment shall be calculated based upon District's actual 2005-2006 encroachment and an estimated Charter School ADA on01. The terms of the Charter School contribution will be addressed annually in the addendum. However, the District reserves the right not to collect this pro-rata share. Both parties agree to annually review this provision. VII. PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES A. General Provisions 1. Intent of the Parties. The Charter School and the District intend to jointly ensure that all students with disabilities who attend Charter Schools are provided a free appropriate public education (FAPE) in compliance with the IDEA (20 US.c. 1400 et seq.) and California Education Code section 56000 et seq. Provision of Services. A child with disabilities attending the Charter School shall receive special education and related services in the same manner as a child with disabilities who attends another public school of the District. (Ed. Code, 56145.) A full continuum of special education programs and related services shall be provided to Charter School students as required by an individual student's IEP. In cases where the intensity and nature of the students' needs require a level of service beyond those offered at the Charter School site, the District may recommend that the necessary and related services be provided in the District in order to provide FAPE. Division and Coordination of Responsibility. The District and the Charter School agree to allocate responsibility for the provision of services, including but not limited to identification, evaluation, IEP development and modification, and educational services, in a manner consistent with their allocation between the District and its local public school sites, and in conformity with applicable state and federal law. Where particular services are generally provided by staff at the local school site level, the Charter School, subject to District approval, may provide staff and programming. Where particular services are provided to the school by the central district office, those services will be made available to the Charter School in a similar fashion. Days of Service. Special education services shall be available to the Charter School for the same total number of days each year that such services are available to District students. Extended school year services will be provided at a centralized site for no more than 20 days during the summer intersession.

2.

3.

4.

MPUSD & ISM SPED MOU, Page 3 of 10

5.

Staffing Requirements. All special education and related services must be provided by qualified personnel meeting state certification, licensing, registration or other applicable requirements. (34 C.F.R. 300.23 and 300.24.) To the extent that the District and/or SELPA provide training opportunities and/or information regarding special education to site staff, such opportunities and/or information shall be made available to Charter School staff.

6.

Contracts with Non-District Providers. The Charter School shall not contract with any outside person or agency for the provision of special education and/or related services to Charter School students without the prior written approval of the District. Moreover, any such contracts may only be entered into with nonpublic schools or agencies properly certified by the State of California. Student Records. The Charter School is responsible for obtaining the cumulative files, prior and/or current IEPs and other special education information on any student enrolling from a non-District school. The District shall forward copies of all such information to the District. The District will ensure that the Charter School is provided with notification and relevant files of all students transferring to the Charter School from a District school, who have an existing IEP, in the same manner that it ensures the forwarding of such information between District schools. All records and files will be released with the signed permission of the Parent/Guardian. Notice of Procedural Safeguards. The Charter School shall provide the Parent/Guardian with a notice of procedural safeguards when: a Parent/Guardian asks for a copy; the first time a child is referred for special education assessment; each time a Parent/Guardian is notified of an IEP meetings; each time a child is reassessed; each time a Parent/Guardian requests mediation; and each time a Parent/Guardian requires a due process hearing. (20 D.S.C. 1415(d)(1); Ed. Code, 56301,56321, 56500.3(k) and 56506(a).)

7.

8.

B.

Enrollment, Identification and Evaluation 1. Enrollment Information. The Charter School shall include on its enrollment formes) a question regarding whether the student seeking to enroll in the Charter School is, or may be, a student eligible for special education and related services. The Charter School shall provide the District with a list of special education students enrolled in the Charter School at the beginning of each school year and shall update the list on a quarterly basis. Identification and Referral. The Charter School shall have the same responsibility as any other public school in the District to work cooperatively with the District in identifYing and referring students who have or may have exceptional needs that qualifY them to receive

2.

MPUSD & ISM SPED MOU, Page 4 of 10

special education services. The Charter School will develop, maintain, and implement policies and procedures to ensure identification and referral of students who have, or may have, such exceptional needs. These policies and procedures will be in accordance with California law and District policy. The District shall provide the Charter School with any assistance that it generally provides its other public schools in the identification and referral processes. A pupil shall be referred for special education instruction and services only after the resources of the regular education program have been considered and where appropriately utilized. (Ed. Code 56303.) The development of an assessment plan requires the participation of a District employee qualified to assess the area of suspected or identified need. 3. Assessment. District staff shall conduct all necessary special education assessments of Charter School students, including but not limited to initial assessments, annual assessments and triennial assessments, unless the parties agree otherwise in writing. All such assessments will be conducted by qualified personnel and comply with state and federal law and regulations. (20 D.S.C. 1414(a)-(c); 34 C.F.R. 300.532; Ed. Code, 56320; Cal. Code Regs., tit. 5, 3023.) Neither the District nor the Charter School may conduct any assessment without first obtaining the written consent of the Parent/Guardian. (20 D.S.C. 1414(a)(1)(C); 34 C.F.R. 300.505; Ed Code, 56321.) If a Parent/Guardian refuses to consent to an assessment the District or the Charter School believes is required to provide a Charter School student with FAPE, the Charter School shall immediately notify the District. The Charter School shall not refer its students for independent educational evaluations without prior written approval of the District. 4. Interim Placement. For students with a current IEP who enroll in the Charter School from a school outside the SELPA, the District shall immediately provide the student with an interim placement not to exceed 30 days. The interim placement must be in conformity with an IEP, unless the Parent/Guardian agrees otherwise. The IEP implemented during the interim placement may be either the student's existing IEP or a new IEP developed in conformity with applicable state and federal law. Before the expiration ofthe 30-day period, the interim placement shall be reviewed by the IEP team and final recommendations made. (Ed. Code, 56325.) The Charter School shall notify the District immediately of students who may fall into this category. The District will provide consultative assistance to the Charter School to help transition such students. C. Individualized Education Programs (IEPs) 1. IEP Team Membership. IEP team membership shall be in compliance with state and federal law and shall include a designated representative

MPUSD & ISM SPED MOU, Page 5 of 10

of the Charter School and a designated representative of the District. (20 D.S.C. 1414(d)(1)(B); 34 C.F.R. 300.344; Ed. Code, 56341, subd. (b).) 2. IEP Meetings. Responsibility for arranging necessary IEP meetings shall be allocated in accordance with the District's general practice and procedure and applicable law. The Charter School shall be responsible for having the designated representative of the Charter School in attendance at the IEP meetings in addition to representatives who are knowledgeable about the regular education program at the Charter School. The Parent/Guardian shall be given a copy of the procedural safeguards upon notice of each IEP meeting. (Ed. Code, 56301.) IEP Contents. The Charter School shall use the Monterey County Office ofEducation/SELPA forms to complete its IEPs. Each IEP must include, but is not limited to: a statement ofthe child's present levels of educational performance; measurable annual goals; the special education and related services and supplementary aids and services to be provided to the child; an explanation of the extent, if any, to which a child will not participate with non-disabled children; the dates, frequency, location and duration of services for the child; and a statement of how the child's progress toward his or her annual goals will be measured. (20 D.S.C. 14l4(d)(1)(A); 34 C.F.R. 300.347; Ed. Code, 56345.) Parental Consent to the IEP. The District and the Charter School may not implement an IEP to which a Parent/Guardian does not provide written consent. If a Parent/Guardian consents to only part of an IEP, the District and Charter School must implement the portion of the IEP to which the Parent/Guardian consented. (Ed. Code, 56346, subd. (b).) Notification of the other party is required any time a Parent/Guardian refuses to consent to any portion of an IEP. In the event of a dispute, the Charter School will contact the District within five days to begin the resolution process.

3.

4.

D.

Programs and Services 1. Eligibilitv and Placement. Decisions regarding eligibility, goals/objectives, program, placement and exit from special education shall be the decision ofthe IEP team. Services and placements shall be provided to all eligible Charter School students in accordance with the policies, procedures and requirements of the District, the SELPA and applicable law. Whenever the Charter Schools take, proposes or refuses to initiate or change the identification, evaluation or educational placement of a Charter School student, the Charter School must, in consultation with the District, provide the Parent/Guardian with prior written notice of such action. (34 C.F.R. & 300.503.) In the event that either party believes that placement in a District program is necessary to provide a student with FAPE, such placement shall only be made by an IEP team comprised of representatives of the

MPUSD & ISM SPED MOU, Page 6 of 10

Charter School and the District. 2. Independent Study. No Charter School student may participate in independent study, unless his or her IEP provides for such participation. The determination regarding the appropriateness of independent study for a particular student shall be made by the IEP team. (Cal. Ed. Code, 51745, subd. (c).) Referral to Nonpublic or Private Schools. The Charter School shall not make referrals for placement at nonpublic schools, private schools or residential placements without consultation with and prior written approval of the District. If a parent unilaterally places a student at a nonpublic school, private school or in a residential placement, the Charter School shall immediately notify the District upon learning such information. Transition Services. The District and the Charter School shall jointly ensure the provision of appropriate transition services to Charter School students in the same manner they are provided to other eligible students in the District. (20 U.S.c. 1414(d)(1)(A)(vii); 34 C.F.R. 300.29 and 300.347(b); Ed.Code, & 56345.1.) Transportation. The District shall provide transportation to any Charter School student, if required by that student's IEP. The Charter School shall not provide special education transportation to its students, unless the parties agree otherwise. All special education transportation shall be provided in the same manner it is provided to other eligible students in the District.

3.

4.

5.

VIII.

DISCIPLINE OF SPECIAL EDUCATION STUDENTS A. Suspension and Expulsion. The Charter School shall adopt the District's discipline policies as they relate to special education students. These include, but are not limited to policies regarding suspension, expulsion, conducting functional analysis assessments, drafting and reviewing behavior interventions plans, and conducting manifestation determination reviews. If a Charter School student is suspended for more than 10 days in any school year and/or commits an expellable offense, the Charter School shall immediately inform the District.

IX.

COMPLAINTS AND DISPUTE RESOLUTION A. Parent Concerns. The Charter School shall instruct Parents/Guardians to raise concerns regarding special education services, related services and rights to District and/or Charter School staff. Whenever a Parent/Guardian raises a concern regarding special education and/or related services, the Charter School shall immediately inform the District. The District representative in consultation with the Charter School's designated representative shall respond to and address the Parent/Guardian concerns. Complaints. In consultation with the Charter School, the District shall address/respond/investigate all complaints received under the Uniform Complaint

B.

MPUSD & ISM SPED MOU, Page 7 of 10

procedure involving special education. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to such complaints. C. Due Process Hearings. In consultation with the Charter School, the District may initiate a due process hearing related to the provision of FAPE to a Charter School student, if the District determines is legally necessary to meet the District's responsibilities under federal and state law. The District and Charter School shall work together to defend any due process hearing brought by a student enrolled in the Charter School. In the event that the District determines that legal counsel representation is needed, the District/Charter School shall be jointly represented by legal counsel, unless there is a conflict of interest. In the case separate counsel is needed by the Charter School, the Charter School shall be responsible for the separate costs of its legal counsel, in addition to its responsibilities for costs as set forth in this Agreement. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to due process hearings in which the District and/or the Charter School is a party. X.

SELPA ACTIVITIES AND MEETINGS The District Superintendent or designee shall represent the Charter School at all SELPA meetings as it represents the needs of all schools in the District. Reports to the Charter School regarding SELP A decisions, policies, etc. shall be communicated to the Charter Scholl as they are to all other schools within the District. To the extent that District site staff have the opportunity to participate in committee meetings of the SELPA as representatives of their district, such opportunities shall be made available to Charter School staff.

XI.

INDEMNIFICATION OF DISTRICT BY CHARTER SCHOOL Charter School agrees to defend, indemnifY and save harmless the District from and against any and all claims, demands, losses and expenses (including without limitation any and all attorneys fees and consultant fees) arising out of or resulting from Charter School's negligent or wrongful acts or omissions in the performance of this Agreement. Prior to commencing operations, Charter School shall provide the District with adequate proof that it has the financial resources to meet its indemnification obligations through one of the following means: 1. An insurance policy with at least $500,000 policy limits which expressly insures the Charter School against attorneys fees, costs, damages and expenses arising from special education due process hearings and any other claims or litigation arising from special education services issues; A cash bond posted with the District in the amount of $100,000.00 to guarantee Charter School's obligations under this Agreement; or A written guarantee, in a form satisfactory to the District and from a person or entity

2.

3.

MPDSD & ISM SPED MOD, Page 8 of 10

acceptable to the District, which has at least one million dollars ($1 million) in net worth represented by tangible assets, guaranteeing Charter School's obligations under this Agreement.

XII.

COST CONTAINMENT EFFORTS Charter School and District acknowledge the importance of containing the costs of providing special education services to individual students so that these costs do not exceed the amount the District would normally expend if the student being served were attending a District school. Accordingly, Charter School agrees to fully cooperate with the District in order to achieve cost efficiencies. An example of the expected cooperation would be for the Charter School to provide transportation for a student to receive services at a District site, rather than having a special education services provider travel to the Charter School site to provide services to a small number of students.

XI.

INDEMNIFICATION OF DISTRICT BY CHARTER SCHOOL A. Venue. The validity of this Agreement and any of its terms or provisions as well as the rights and duties of the parties shall be governed by the laws of the State of California, and venue shall lie only in Monterey County Superior Court. Modifications. No modifications, amendments, changes, or variations or any kind to this Agreement are authorized without written consent, evidenced by execution of an amendment by an authorized representative of the District. Interpretation. The language herein shall be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all parties shall be treated as equally responsible for such ambiguity. Integrate Agreement. This Agreement is intended by the Partiers as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. Each of the Parties acknowledges that no one has made any promise, representation or warranty whatsoever, express or implied, written or oral, not contained herein to induce them to execute this Agreement, and that this Agreement is not executed in reliance upon any such promise, representation or warranty. Non-Assignabilitv. This Agreement may not be assigned by the Charter School.

B.

C.

D.

E. F.

Binding Effect. This Agreement is binding upon the successors and assigns of the parties, subject to the non-assignability restrictions set forth in subsection E above. Survival of Covenants. Notwithstanding termination of the Agreement, the indemnification provisions shall survive and be fully enforceable notwithstanding the termination date of the Agreement. Notices. All notices required by this Agreement may be sent by United States mail; postage pre-paid, to the parties as follows:

G.

H.

MPVSD & ISM SPED MOV, Page 9 of 10

District: Monterey Peninsula Unified School District Superintendent's Office P.O. Box 1031 Monterey, CA 93942-1031 Facsimile: 831-649-4175 E-Mail: ilamb@mpusd.kI2.ca.us

Charter School: International School of Monterey Attn: Executive Director P.O. Box 711 Monterey, CA 93942-0711 Facsimile: 831-899-7653 E-Mail: ciahn@ismonterev.org

Any notices required by this Agreement sent by facsimile transmission or electronic mail to the facsimile and electronic mail addresses above shall be considered received on the business day they are sent, provided they are sent during in the receiving party's business hours and provided receipt is confirmed by telephone, facsimile, or electronic mail, and further provided the original is promptly placed into the United States mail, postage pre-paid, and addressed as indicated above.

Each person below warrants and guarantees that s/he is legally authorized to execute this Agreement on behalf ofthe designated entity and that such execution shall bind the designated entity to the terms ofthis Agreement. This Agreement may be signed in counterpart such that the signatures may appear on the separate signature pages. Facsimile or photocopy signatures shall have the same force and effect as original signatures.

By: Monterey Peninsula Unified School District

By: International School of Monterey

Date:

Date:

MPUSD & ISM SPED MOU, Page 10 of 10

ADDENDUM TO APPENDIX A AGREEMENT REGARDING SPECIAL EDUCATION SERVICES

This is an addendum to the agreement executed between the Monterey PeninsuJa Unified School District ("District'') and International School of Monterey ("Charter School") to further implement the delivery of special education services to children enrolled in the Charter School. The purpose of this addendum is as follows:

. .

To define the schedule of reimbursement for special education services provided by the District to the Charter School To define the District's Fiscal Year To list the employees responsible for tracking hours for pre-referral, Section 504 and IEP services rendered.

The Charter School must adhere to the pre-referral process as outlined in section number 3 of the AppendixA AgreementRegardingSpecialEducationServices.
The Charter School must provide space for District staff responsible for assessing all referred students as outlined in section number 4 of the Appendix A Agreement Regarding Special Education Services. The Charter School must also provide access to the general education curriculum and comparable classroom materials as well as access to the copier, a computer, and other necessary office equipment. The District will provide all necessary assessment materials and supplemental curricula to assess referred students and serve those identified with special education needs. The Charter School will be billed by the District on or before June 30 of that school year. The Charter School is entitled to access staff services logs for audit purposes. In the event that there is a dispute regarding services and/or billing, the matter will be addressed by the Director of Special Education, Chief Business Officer, and/or Superintendent or hislher designee. In the event of a due process hearing, legal fees, mediation settlements as well as any additional related fees up to $25,000.00 collectively will be split equally between the District and Charter School. Any settlement or related costs beyond this amount will be the responsibility of the district of residence. This is inclusive of any NPS and/or NP A costs. The attached Table I lists the total hourly cost of services for Pre-Referral, Section 504, and IEP development and implementation. The General Fund contribution offset is through the District's retention of state, federal, and local assistance apportioned for serving students with exceptional needs.

MPUSD &;ISM Appendix A-SPED,

Page 1 of I

Table I c
DESIGNATED INSTRUCnON .~"G SERVICES/RELATEDSERVICES; ESTIMATE
fSTL\-g
ESTD-IA TED

i ?upii's Nam:::: ~
! First:
SER'itfCE PROVIDED COST PER HOUR AS SETFORT"
I

TED

TOTAL
OPTlOiUL

SESSIONS UNTJL"N"EXT IE? OPTIONAL

(EQUALSCO!ri HOUR E.,:,::'iA,,,;;::; PEP.

Last:

ML"iDTS

i !

FREQtTNCY (rLl.{}.'S

i MONTH.! I DATE

j WKJ

START

.rr; .MASTE."<.

CONTRACT

TIMES Ix)

PE?WEEX/ ! YEAR!
MO.',TH/ YEA?,)

I ! i

SSSjot/$.

TO..T::: , .;
1

I I

i i

IX) HOUP$PER

J. Adapted PE 2. 1: 1 Assistant : (Tempor~ry) 3.:Behavior

[ $65.00
i $25.00 I i $80.00
I $80.00 ! $75.00 I $75.00
1",,11.1n n , .:>:::'V.vv ! 555.00 : $20.00
I

L~-SS;()l'l;

--!

i J
!

i
!

Intervention
.::: """..t. -. ." or

i 4.Counseling
! 6. Speech/Lang

-_.J

N .1. .!:i.!)ursmg

- -Y'

i $65.00

. 8. Psycholo:ist , . ! 9.RSP

i. '; .

!-

.J
i
j

1 _.~-

i ,

! 11.SDC
! 12.0.M.

: 1 G. Transpo:-!ation ,

i STBD
i (1"''1:' rot'
,/)1.1. vi.!

13. Adapted Vision ..' 14. Home n D.OSprt:H l Instruction

* IVfAYJlvfG"M

! $75.00 i
SERVICES

-I

! $30.00
COST

DIS A,ND RELATED

i (C)
(A)

ESTIMA. TE

i , Above

I .,.., +'
I

-,-'

Totals

Es..n:tUhea

! "'MAXIMUM

TOTAL BASIC RDT.JCA nON

COST ESTIMATE

i lrem A .:r:~()m i

i Dage J

, *Ma..ximum Total Bask Education

Cost Estimate ESTIMATEDPER Dmyyr

and DIS/ReI~ted Servkes i (.A-+C)

i L"1STRlJCTlONAL DAYS , rA v...~ G)Vlded

r --'---, '-by

i D) '---'-

f rC:~6.SS

Cor:::erm Idetitiiied
Par~:::.t, t~che;r 1l0TtS conctrD! or s,a.:fj r'egarding:

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H
i::it!).!I:1td

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~
.' ... ,

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&.

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do cum::::::: ;."fo,

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s'='.ld:::nt ,t:;!glis ~ ?:to. cla::fi.es (ie:TBS CQ:J.ceDlS iI, M-PST) is ,c.:::::::::d ::::;;7:r~:::: asse:ssme::':S 8.:'"Th,-gtd ifnBcesszr:v

Ac:;:io!l ::Jl:tQ is developed

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SSTJ lvfEETlNG PROCESS

/' (
""

R~2S0J1lor :ref~rral S"i2.ted Studem strengths aT;, idemilled Cur::ent status and concerns ciarilled Parent input and perspective '311 outside of school hehavior noted

"

Datz collecriuEi rf':garding re;rerral reviewed

I
J:, 11 S:UCBnts

1-

./

Cum & Heahh records Home Language survey Test Scores Worlz Samples Interven:tion Reports .Previous Eo History Standardized Test Sco::es 0 bse:"vations/Recommendatio:1s Ir;t:erviews; teacher/parent/srudent Pa.renti:teather eonferenc5 res1l1ts

LE.clg'ua.e MhonTV

ST"clc.ems

T
I

Language of Home CurreDt Language; Domman::e Tes:mg Language usage; bome!schooYcommun. Time m US
?rograms of z..."!stn.:crion;ESL, SDP.l...

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------

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iss1.!e.s anc how addressed

~
, '

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Develops an Action Plan. Est;;.biishes approp::-!2.!::time Iines for i:m.pleme::rta:io: a;;d laHow-u.p mt:::ing
~;

SSTlIMEETING PROCESS
T ;;am rtocrm"en:" 1:0;;view resuhs or fu:: recomm:.nQeG

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strategies Expand A.P Set follow-up m~eting date

(~

Pro"r::s. not d 2mOl1st:rated Make additional recomme:ac.a.tions; el1Jand SST resonr::es, school-based supparc progra:n, gather additional information if any need.ed Consider if refer:al fo: Spedal EducatioD tf,)determine assesSIDen! pian is appropriate Establish fallow-up :netting date

'./

=-:: 2 (9-05)

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:
DATE: ITEM: Board of Education January 22, 2007

ACTION: Approve "Trigger Points" for Future New Construction and School Expansion Projects

BACKGROUND: Recommendation 15 of the Facilities Master Plan reads: "Adopt trigger points so that new schools are not opened until sufficient enrollment exists to offset the new costs." District staff is working on long-term plans for new housing areas and wishes to confirm Board support for the "trigger points" in that analysis. DISCUSSION: Given the fixed operating cost of any school, opening with too few students will encroach on other district funds. On the other hand, costs to provide interim facilities or bus students to temporary locations also create excessive costs. MPUSD staff recommends that a new school or classroom wing should open when 50% of the seats will be filled by the end of that school year and 85% utilization will occur within three school years. For example, a new 550 student elementary school should open when it is projected that 275 students will enroll by the end of that year and 467 students will enroll by the end of the third year of use. RECOMMENDATION: That the board approves the "Trigger Points" for Future New Construction and School Expansion Projects as presented.

PREPARED BY:

APPROVED BY:

Thomas

0)[16/07 ~ oOdrufi,
Officer

Chief Business

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:
DATE: ITEM:

Board of Education January 22, 2007

ACTION:

Approve Resolution #06/07-08: Designate the Month of February as BlackHistory Month

INTRODUCTION:

February marks the beginning of Black History Month, an annual celebration that has existed since 1926. At this time, the Board is being asked to approve a resolution designating the month of February as BlackHistory Month.
BACKGROUND:

Much of the credit can go to Harvard Scholar Dr. Carter G. Woodson, born to parents who were former slaves, who was determined to bring BlackHistory into the mainstream public arena. In 1926, he organized the first annual Negro History Week, which took place during the second week of February to coincide with the birthdays of Frederick Douglass and Abraham Lincoln--two men who had greatly impacted the black population. Extended to a month long celebration in 1976, Black History Month is an opportunity to emphasize the history and achievements of AfricanAmericans.
OBJECTIVE:

To approve Resolution #06/07-08: Designate the Month of February as BlackHistory Month

COST/FUNDING SOURCE/FISCAL IMPACT:

Not applicable.
RECOMMENDATION(S):

That Resolution #06/07-08: Designate the Month of February as Black History Month be approved; and that a copy of the resolution be sent to all schools and sites in the Districtwith a recommendation that appropriate activities be held to foster in students a greater understanding of the roles BlackAmericans have played throughout the history of our Nation.
PREPARED BY APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION

MONTEREY PENINSUlA UNIFIED SCHOOL ISTRICT D Boardof Education

Resolution #06/07-08 Designating the Monthof Februaryas BlackHistoryMonth

WHEREAS,the first AfricanAmericans were, in the 17ttJ century, brought by force to the shores of this Land which would become the United States of America; and WHEREAS,in spite of, and throughout, a history of injustices against them, includingenslavement, segregation, and gross denial of basic and fundamental rights, AfricanAmericans have made important economic, educational, political,artistic, literary, scientific,and technological contributions to our Nation; and WHEREAS,in the face of these injustices, AfricanAmericans struggled to distinguish themselves in their commitmentto the idealson whichthe UnitedStates of America founded,and the greatness and was promise of America is reflected in the contributions of AfricanAmericans in all walks of life throughout our Nation's history; and WHEREAS,as stated in the Declaration Independence,the UnitedStates of America of was conceivedas a Nation dedicated to the proposition that "all Menare created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Ufe, Uberty, and the Pursuit of Happiness"; and WHEREAS,since its founding, the United States has always been reaching out toward its noble goals: its People striving to reach for high ideals and, when failing, recommitting themselves to persistent efforts to obtain civil,social, and economic rights for all; now, therefore, BEIT RESOLVED that the Monterey Peninsula UnifiedSchool Districtdoes hereby adopt Resolution #06/07-08 to acknowledge the actions of Americans of all races who have demonstrated their commitment to the great propositions underlying the founding of our Nation; and;
RESOLVED, by adopting this Resolution the Monterey Peninsula Unified School District honors those who

risked,and even gave, their livesin the continuousbattlefor equal opportunity,basichumanrights,and

the vision and ideals of our Nation's founders; and BEIT FURTHERRESOLVED that the Monterey Peninsula UnifiedSchool Districtdoes hereby encourage the celebration of BlackHistoryMonth, with instruction to our students on the achievements and contributions of AfricanAmerican citizens, and to foster in our students a greater understanding of the roles BlackAmericans have played throughout the history of our Nation.

Alan Haffa, President

John Lamb, Superintendent of Schools

PassedndAdopted itsBoard a at Meeting January of 22,2007

CERTIFICATED PERSONNEL
1. Recommend approval and/or ratification of Certificated Personnel items

a.

CERTIFICATED APPOINTMENTS- 2006-2007 Hourly:

Stoutenborough, Ann, Independent Study/Teacher, 11/27/06 Adult Education: Bragg, Bonnie, Instructor, 11/06/06 Martin, Sandra, Instructor, 11/01/06 Smallwood, Bradford, Instructor, 01/10/07 New Teachers: Roberts, Rebecca, Fitch Middle School/Health SDAIE, 1-1,12/18/06 Wallace, Michael, Marina High School/Mathematics 1;2 time, I-I, 01/08/07

RESIGNATIONS/RETIREMENTS Calef, Rachael, Special Services, 01/12/07 Knauf, Kathryn, Categorical Programs, 07/01/07 Nelson, Harold, Foothill Elementary, 07/02/07 Paul, Gayle, Marina Vista Elementary, 06/30/07 Tulloch, Allan, Monterey High School, 12/22/06

PREP ARED BY

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION

~~

Assistant Superintendent, Personnel Services

Board Agenda 01/22/07

CLASSIFIED PERSONNEL All Employees Recommended For Hire Have Fingerprint Clearance

a. APPOINTMENTS
Permanent Classified Service
~

The following employees are being recommended for hire as replacements: Ruiz, Imelda, Special Education Assistant/Seaside Children's Center, $1O.45/hour, 1/10/2007

b. Substitutes
Oviedo, Javier, Custodian, Maintenance/Operation Department, $11.85/hour, 1/10/2007 Pfeifle, Tammy, Children's Center AssistantI/Seaside Children's Center, $8.35/hour, 1/16/07

c. Resie:nations I Retirements Permanent and Temporarv Classified Service

Alcantar, Maria, Pre-School Assistant, Crumpton Headstart, 12/22/2006 Ceja, Marisol, School Bus Driver, Transportation Department, 1/16/2007 Maldonado, Arceli, Child Care, Cabrillo Family Resource Center, 1/24/2007 Russo, Kathleen, Program Secretary IT,Support Services, 1/27/2007
".

PREPARED BY

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION

~;fi:~

Robert Costa Assistant Superintendent, Personnel Services

Board Agenda 1/22/07 jc

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE:
ITEM: Board of Education January 22, 2007 Consent: Ratify Purchase Orders from December 1, 2006 through December 31, 2006.

Action Requested: The Board of Education is asked to ratify purchase orders from 12/01/06 through 12/31/06 Fund 01 General Fund Unrestricted Site Discretionary Restricted Maintenance
Transportation Special Education ROP Categorical Community Day School

Sub Fund 10 Sub Fund 14 Sub Fund 20

Sub Sub Sub Sub Sub Fund Fund Fund Fund Fund 21 22 23 24 25

Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued
Purchase Orders Purchase Orders Purchase Orders Purchase Orders Issued Issued Issued Issued

209 12 0
3 5 3 46 0 278

Financial Summary: Total Encumbrances 769,373.58 17,050.89

62,509.21 28,064.65 6,269.52 499,922.64 $ 1,383,190.49

Fund 09 Fund 11 Fund 12 Fund 13 Fund 14 Fund 21 Fund 25 Fund 35 Fund 67

Charter Schools Adult Education Child Development Cafeteria Fund Deferred Maintenance Building Fund Capital Facilities School Facilities Self Insurance Fund

Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 00 Sub Fund 61 Sub Fund 63 Sub Fund 00

Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued Purchase Orders Issued

0 7 1 2 1 0 3 10 1 1 0

9,564.52 1,357.34 5,094.81 164,636.84

13,403.38 176,137.47 4,550,000.00 500,000.00

Fund 73

Foundation

Trust Fund

$ 6,803,384.85

PREPAREDBY:

APPROVED FORSUBMISSIONTO THE BOARD OF EDUCATION

Tom Woodruff
Chief Business Officer

'

0\/"

)(,/07

TW:jrnc01/11/07

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE: ITEM:

Board of Education January 22, 2007 Consent: Ratify Warrant Register for December 1, 2006- December 31, 2006

Action Reauested: Ratify Warrant Registers for 12/7, 12/12, 12/14, 12/19 Warrant Numbers: 12502126-12502216 12503458-12503657 12504514-12504676 12505515-12505593

Discussion: Seeattachedsummaryreportfor eXDenditures December 006. for 2 Financial Summary: 3 Totalexpenditures all fundsfromDecember ,2006 - December 1,2006 for 1 $5,479,749

Resolved that the attached warrant register for the month of December 2006 be ratified.

Prepared By:

~~

Thomas Woo uff OI/I,j()lI I Chief Business Officer

TW:DW1/12/07

MONTEREYPENINSULAUNIFIEDSCHOOLDISTRICT
Expenditures for 12/1/09-12/31/06

ACCT. Certificated Salaries Classified Salaries Employee Benefits Books & Supplies Services & Othe Capital Outlay All Outgo 1000 2000 3000 4000 5000 6000 7000

General FUND 01 $236,772 1,103,486 677,747 219,947 375,455 75,029 846,157

Charter Schools FUND 09 ($179,942) (45,865) (55,405) 0 0 0 0

Adult Education FUND 11 $404 20,741 10,460 2,821 12,611 0 0

Child Devt FUND 12 $2,557 120,095 64,212 6,825 18,739 0 503

Cafeteria FUND 13 $0 97,151 39,330 144,212 (1,457) 0 0

Deferred Main!. FUND 14 $0 0 0 0 0 0 107,226

Special Reserve FUND 17 $0 0 0 0 0 0 0

Building FUND 21 $0 0 0 0 0 0 0

Capital State School Facilities Building FUND FUND 25 35 $0 2,532 936 5,363 17,693 26,730 0 $0 0 0 15,793 50,816 115,327 0

Special Reserve Fund 40 $0 0 0 0 0 0 0

Self Insurance FUND 67 $0 12,552 59,463 142 1,264,091 0 0

Foundation Trust FUND 73 $0 0 0 0 8,500 0 0

TOTALS
GRAND TOTAL

$3,534,593 $5.479,749

-$281,212

$47,037

$212,931

$279,236

$107,226

$0

$0

$53,254

$181,936

$0

$1,336,248

$8,500

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE: ITEM: Board of Education January 22, 2007

CONSENT: Authorize Request for Proposals for EIR for future school projects including Marina High School

BACKGROUND: Selecting sites for new schools, construction of schools, and major expansion at existing schools are projects subject to the California Environmental Quality Act (CEQA). In the case of a high school, most often an Environmental Impact Report (EIR) is required. This action approves staff issuing a Request for Proposals for a multi-project EIR. Approval of the selected firm and a contract for services will be presented to the Board for approval after review of proposals. DISCUSSION: The district will use an RFP template that has been used by local governments and the University of California. Firms will submit both qualifications and a cost proposal. The District may then choose the firm that is within budget and best able to prepare this technical document and assist the District through the review and approval process. The RFP requests EIR analysis of four projects rather than conducting four stand-alone studies. The projects are: select site and construct the permanent campus for Marina High School and South Marina Elementary School # 1, and major expansion of Olson Elementary School and Los Arboles Middle School. RECOMMENDATION: Authorize the Chief Business

Officer to issue the request

for proposals.

PREPARED BY:

APPROVED BY:

Thomas Woodruff, Chief Business Officer

0Jb'7

Monterey Peninsula Unified SChool District Minutes Regular Board Meeting

January 8, 2007

A.

Call to Order

The Board of Education of the Monterey Peninsula Unified School District met in regular session at 5:35 p.m. on the above date at the Instructional Materials Center, 540 Canyon Del Rey, Del Rey Oaks, California.
The meeting was called to order by President Haffa.

B.

Roll Call Establishment of Quorum

Board Members Present:

Alan Haffa Regena Lauterbach Bettye lusk

Carlos E. Noriega Helen B. Rucker Marjorie Troutman

Board Members Absent:

Robert Eggers Robert Costa Yvonne Despard John Lamb Tom Woodruff Kari Yeater Present: Cindy Rothstein

Staff Members Present:

DU/POM/NPS Representative

The President declared that a quorum was present and the Board proceeded with the order of business.

c.
D.

Public Comments on Closed Session Items Cosed Session

No public comments were made at this time.

The Board adjourned to closed session at 5:36 p.m. to discuss the following: . 1. 2.
Public Employee Performance Evaluation (Gov. Code section 54957) Chief Business Officer Conference with labOr Negotiator (Gov. Code section 54957.6)

a. Agency Negotiator:

RobertCosta

Employee Organization: Monterey Say Teachers AssociatiOn California School Employees Association

3.
E.

Student Issues Consider Expulsion Cases #06/07-17 and #06/07-18

Reconvene Open Session

The Board reconvened at 7:05 p.m. to take the followingaction: Seaside City CouncilmanTom Manciniwas acknowledged by President Haffa in the audienCe.

F.

Pledge of Allegiance

The Pledge of Allegiance to the Flag of the United States of America was led by President Haffa.

G.
H.

Report Action Taken in Closed Session, if any Take Action to Items

No reportable actions were taken in closed sessiOn.

No additional items were added since posting of the agenda. MPUSD Minutes. 1/8/07, PaQe 1

That Arose Since Posting of the Agenda and Approve Agenda (2/3 vote Required if Any Item is Added to the Agenda)

RESOLVED that the agenda be approved.

MSC AYES: NOES:

Noreiga, Rucker 6 0

I.

Certificates/ Presentations/ Recognitions *1. Recognition of

Seaside High School Football Team

The Seaside High School football team won their third consecutive Monterey Bay league title this season with a record of 12 wins and 1 loss. On December 2, 2006, the Seaside High School football team culminated their season with a win of 28-14 over Pacific Grove High School. With this win, the Spartan football team became the 2006 Central Coast Section Small Schools Division
Champions.

At this time, the Board recognizedthe Seaside High School footballplayers and coaches for their outstanding season and commitment to athletic excellence, teamwork, and excellent sportsmanship,and for winningthe school's first CCS
football championship.

Because only a few players were present, President Haffa offered to go to an assemblyat SeasideHighSchoolto acknowledge playersbeforethe peers. COach the Avilaintroducedthe playersthat were presentand their familiesto the Board. A recess was taken at 7:15 p.m. to extend congratulationsto the players, their coaches,and familieS, nd the meetingreconvenedat 7:32 p.m. to take the following a action:

J.

Communications

President Haffa acknowledged a letter from Board Member Eggers informing that it was with deep regret that he must tender his resignation from the Board of Education, effective February 6, 2007. He said he accepted a promotion with his current employer and that he would have to move to the Bay Area by March. Board Member Eggers wrote that he would remember his time on the Board as the best "class" that he had ever taken and that his experiences have enriched his life as have the many wonderful committed people that he has met along the way. He extended his best wishes to the Board and the new superintendent for the challenges that lay ahead. President Haffa asked Superintendent Lamb to share some thoughts on the process to replace his vacancy. Superintendent Lamb replied that the same process similar to a previous resignation could be used, and recommended that President Haffa give staff direction as to what should happen. Superintendent Lamb said the Board could consider agendizing this item for the January 22ndBoard meeting and based on the Board's direction whether to order an election or make a provisional appointment to fill the vacancy, staff would take appropriate action. He said that if an appointment were made, it would require an interview. Superintendent Lamb noted that Board Member Eggers' seat was up for election in November 2007. Board Member Rucker acknowledged an e-mail concerning the Monterey High School stadium. She requested that Superintendent Lamb investigate to see if any policies had been violated. Superintendent lamb said he would investigate and keep the Board informed. Board Member Noriega reported that he attended the local league of United Latin AmericanCitizens(LULAC)meetingon Saturday. He said there was a presentation from a representative of the Pacific Grove Museum of Natural History who indicated
MPUSD Minutes, 1/8/07, PaQe 2

that the museum is in the process of opening an exhibit about Doc Ricketts and John Steinbeck going down to the Sea of Cortez. He said that this would be a wonderful field bip opportunity for science teachers and students to see the type of work that was done by the scientists. Clerk Vice-President Lusk acknowledged a letter from a Marina High School parent and forwarded it to Superintendent lamb for follow up. She also reported that she and Board Member Noriega attended the Oath of Office ceremony for County
Superintendent Dr. Nancy Kotowski.

K.

Suggestions and Comments from Members and Officers of the Board

President Haifa, Clerk Vice-President lusk, and Board members presented a gavel to Board Member Noriega, and acknowledged the outstanding work that he performed while he served as President of the Board. Board Member Noriega thanked the Board and said that it had been quite an experience for him, and was at times difficultand at times humbling.

DUFLC/POM/NPS Representative Report

Cindy Rothstein, representing the military community, highlighted items that would affect highly mobile students in the Districtto include:

. .
. .

.
M.

Reinstating, at the earliest opportunity, art, music, and physical education at the elementary schools. Predictability to ensure that a system is in place to help project teachers and classroom space needed for each school site (i.e. issues at Marshall and la Mesa). Getting the high school course catalog on the website. Continuing the new liaison/counseling positions at la Mesa and Marshall. Continuing to evaluate/re-evaluate safety issue at school (fencing issues at Marshalland other sites).

Suggestions and Comments From YISitors - Non-Agenda Matters

Marta Kraftzech, representing the Neighbors of Monterey High School, read aloud an e-mail from member Katie Reneker, and disbibuted a copy of Board Policy7400, Use of Facilities. Concerns included the culTent school practices and plans for upgrading the school track and field to a stadium capable of hosting night games. She said that this was in violation of Board Policy7225, Parent Involvement, which spoke to hours of use and regulations governing the use of athletic fields and school grounds. The group also expressed concern about the increased opportunity for teen viOlencethat would be certain to follow nighttime activities in the neighborhood. Ms. Kraftzech said that if the violations continued they would be forced to seek legal redress through law enforcement and the courts. Ms. Kraftzeckacknowledged the Neighbors of Monterey High School in the audience. President Haifa thanked Ms. Kraftzeckand said that the Board could not take action at this time, but would forward their concerns to the Superintendent for followup. Eugene Hayden, a long-time Monterey resident and Neighbor of Monterey High School, asked about the status of the Board of Education building. He said that at one time the aty of Monterey wanted to expand its civic center and that 700 Pacific Street was suggested as a possible site. Mr. Hayden said that he didn't see that the building was utilized greatly and that there has never been a public explanation as to what would happen to the building. He requested a printed or written explanation.

N.

Student Issues
*1. Consider Expulsion Case 06/07-17 RESOLVEDthat the student in ExpulsionCase 06/07-17 be expelled from schools in the Monterey Peninsula UnifiedSchool District for reminder of 2006-07 school

year. MSC AYES: NOES:

Noreiga, Troutman 6 0

MPUSD Minutes. 1/8/07. Pa~e 3

*2.

Consider Expulsion Case 06/07-18

RESOLVED that the student in Expulsion Case 06/07-18 be expelled from schools in the Monterey Peninsula Unified School District, and BE If FURTHER RESOLVED that the expulsion be suspended and the student be placed in the district Community Day School for the remainder of the 2006-07 school year and the first semester of the 2007-08 school year. In the event that the student violates any section of Ed Code 48900 the expulsion will be re-instated and the student transferred to the Monterey County Office of Education Community School.

MSC AYES: NOES:

Rucker/Troutrnan 6 0

o.

Action Items *1. Approve Resolution #06/07-5:

Resolution Declaring Hidden Hills as Surplus Real

Chief Business OfficerTom Woodruff reviewed the resolution and clarified questions from Board members. He said once action is taken on the resolution, then public notices would be sent to applicable agencies. RESOLVED that Resolution #06/07-5 which designates Hidden Hillsproperty as surptus and authorizes staff to solicitoffers from public entities and non-profit public benefit corporations as required by the Education and Government Codes be approved.
MSC

Property

Troutman, Lusk

By request a roll call vote was taken: Robert Eggers

AlanHaffa
Regena Lauterbach Bettye Lusk Carlos E. Noriega Helen B. Rucker Marjorie Troutman

absent Yes Yes Yes Yes Yes Yes

*2. Approve Resolution #06/07-6:

Resolution Declaring Monterra/Tarpy Flats as Surplus Real

RESOLVED that Resolution #06/07-6 which designates Monterra/Tarpy Flats property as surplus and authoriZes staff to solicit offers from public entities and non-profit publicbenefit corporatiOnsas required by the Education and Government Codes be approved.
MSC Lusk, Noriega

Properly

By request a roll call vote was taken: Robert Eggers

Alan Haffa Regena Lauterbach Bettye Lusk Carlos E. Noriega Helen B. Rucker MarjorieTroutman *3. Approve Resolution #06/07-7: Resolution Declaring "Basketball Courts" as Surptus Real Property

absent Yes Yes Yes Yes Yes Yes

Tom Mancinisaid he had been approached by Ken White, member of the Salvation Army executive staff as to its status. He asked if there was anything written in education code to give the Salvation Army apriority. COOWoodruff said that non-profits would qualify and that they would be contacted by a certified letter.

MPUSDMinutes. 1/8/07, PaQe 4

RESOLVED that Resolution #06/07-7 which designates "Basketball Court" property as surplus and authorizes staff to solicit offers from public entities and non-profit public benefit corporations as required by the Education and Government Codes be approved.

MSC

Rucker, Troutman

By request a roll call vote was taken:

AlanHaffa

Robert Eggers Regena Lauterbach Bettye Lusk Carlos Noriega Helen Rucker Marjorie Troutman

absent Yes Yes Yes Yes Yes Yes

*4.

Approve Memorandum of Understanding with International School of Monterey

Superintendent Lamb said the Board approved a Memorandum of Understanding (MOU)with the International School of Monterey (ISM) five years ago, and renewed Its five-year charter at the June 19, 2006, Board meeting. He said a new Memorandum of Understanding is being brought before the Board for approval. The MOOhas been reviewed by legal counsel, and the District has worked with Executive Director O'IrissieJahn to see that all agreements were in order. This MOOdefines the terms and conditions which delineate the working relationship with the International School of Montereyas a charter school of the District.
Ms. Jahn answered Board members' questions relative to the charter.

In response to a question by Board Member Lauterbach whether it was stated on the MOUthat the school would be housed at a specific facilityand if they would remain at that facility, Superintendent Lamb replied that there was a signed facility use agreement which gave ISMthe opportunity to lease Manzanita. However, the District has the right to move ISMwith a 9o-day order to another facilityshould it be deemed appropriate. In response to President Haffa's question about oversight and what the District would receive in compensation, ceo Woodruff replied that it is the same - 1%. He Infanned that the Districtand ISMare working to make ISMtotally autonomous from MPUSDrelative to their financial accounting the school would be their own local educational agency (lEA) within the County's financial system effective January 1, 2007. He said because of the work that was required, the 1% oversight fee was waived while ISM was preparing to become their own LEA. He said it would be a credible system for them to be on, and the school would retain their fiscal

responsibilities.

In response to Board Member Lauterbach's questions about financial stability and oversight of ISM, CBOWoodruffsaid over the past two years ISMhas been struggling with financing and this summer ISM paid $150,000 to help mitigate that and are in the process of acquiring an $80,000 loan to further reduce the issue. RESOLVED that the Memorandum of Understanding with the International School of Monterey be approved. MSC AYES: NOES: Troutman, Lusk 6 0

*5.

Approve California School Employees Association, Chapter 93, Proposal to Negotiate for the 2006-2007 School

Assistant Superintendent Robert Costa, Personnel Services, said with Board approval the re-openers and contract negotiations could begin between the District and CSEA for 2006-07.

MPUSD Minutes. 1/8/07, Pa~e 5

Year
RESOLVED that the California School Employees Association (CSEA), Chapter 93, Proposal to negotiate Article vm-Salaries, Article X-Wages, Article XUReclassification, Article XIV-Vacancies, Article XV-Evaluations, Article XVll-Layoffs, and Article XXI-Transportation for the 2006-2007 school year be approved.

MSC AYES: NOES:

Rucker, Lusk 6 0

*6.

Public Hearing on CaliforniaSchool Employees Association, Chapter 93, Sunshine Proposal for 2006-2007 School Year

RESOLVED that a public hearing on the California School Employees Association, Chapter 93, proposal for 2006-2007 negotiations be opened.

MSC AYES: NOES:

Rucker, Noriega 6 0

The Board President opened the public hearing at 8:20 p.m. There were no questions or comments. The Board President closed the public hearing at 8:21 p.m.

*7.

Accept Annual Audit Fiscal Year 20052006

In accordance with Education Code 41020, an annual audit is required of all district funds by a state-approved auditing firm and that such audit shall be presented to and accepted by the Governing Board. Jeff Jensen, representing the firm of Peny-Smith, LlP, CertifIed Public Accountants, reviewed the 2005-2006 audit and clarified questions from Board members regarding the audit findings and recommendations. Board members requested a copy of the four-page executive summary that was sent to the District. President Haifa acknowledged commended staff for their work to address the audit findings and recommendations.
RESOLVED that the annual audit, as conducted by the firm of Peny-Smith, for fiscal year July 1, 2005 to June 30, 2006, be accepted and forwarded to the County Office and State.

MSC AYES: NOES:

Rucker, Noriega 6 0

*8.

Public Hearing for School Assistance and Intervention Team (SAlT) Plan for Seaside High School

RESOLVED that a public hearing for the School Assistance and Intervention Team plan for Seaside High School be opened. MSC AYES: NOES: Lusk, Noriega 6 0

The Board President opened the public hearing at 8:50 p.m. Assistant Superintendent Kari Yeater, Curriculum & Instruction, and the Monterey County Office of Education approved provider of a SAlTTeam (Dr. Adrienne Meckel, Unda luna Dilger, and Theresa Rouse) clarified questions from Board members. Being there no public comments, the Board President closed the public hearing at 9:00 p.m.

MPUSDMinutes. 1/8/07, Pa~e 6

P.

Consent Agenda

1.

Approval of Consent

Agenda

Board Member Troutman commended Foothill School for its fundraising efforts, and Board Member Lauterbach announced Foothill's January 26, 2007, GAlA and requested additional information for Board members.
RESOLVED that the Consent Agenda be approved as submitted.

*1.

Approve Minutes - December 4,2006 - December 9, 2006 Approve/RatifyPersonnel Items

- December 12, 2006 - December 18, 2006

*2. *3. *4. *5.

RatifyPurchase Orders from November 1 to November 30,2006 RatifyWarrant Register for November 1 to November 30,2006 Approve Gifts to the District
(Board Policy requires that all gitls to the DIstrict In excess of $250 of value be omdally accepted by the Board of Education.)

From Jamba Juice FoothillSchool

PTA Monterey High School Cross Coun Boosters Pepsi Bottling Grou Wat-Mart

To/Purpose HighlandSchool
Fieldbi FoothillSchool
Instructional su lies Monterey High School Instructional supplies Monterey High School lies Instructionalsu Marina del Mar School Instructional supplies Foothill Schoot

$321.30 Amount
$10,920.00 $956.10

$346.19 $2,000.00
I

FoothillSchool PTA
Walter Colton PTA

$19,624.93
$2,000.00

round Kinde arten Walter ColtonSchool

I
I

Football & volleyball coaching stipends Walter COlton PTA I Walter Colton School
Ubrary assistant position

$3,500.00 $1,000.00

Benefit Shop YellowBrickRoad

Supplies for Margaret Kylander BayViewSchoot grade 3 dass

I

Walter Colton PTA I Walter Colton School Ubrary books Wal-Mart I Marina Vista School School supplies
I

$997.84

$2,000.00

$600.00

BenefitShop YellowBrickRoad *6.

Buspasses MPUSD

Approve Course Outline African Arts (Music, Literature, and Culture)

*7.

Approve Extension of Contract for Chief Business Officer

MSC AYES: NOES:

Noreiga, Rucker 6 0

MPUSD Minutes. 1/8107. Pa~e 7

Q.

Reports

1.

Committees /Conferences

-Community Human Services Project

- Mission Trails Regional Occupational Program
- Early Childhood Education Representative

No report.
No report.

Noreport.
President Haffa reported that a meeting was held in December. He said there is a need to discuss representation on the subcommittee from Board Member Eggers'Trustee Area and to continue reviewing section 4000 Of Board Policy.

- Board Policy Subcommittee

- Monterey

County School Boards Association

No report.
Board Member Troutman reported that a meeting was held on December 14, 2006, at Tarpy's. She briefly reviewed what was discussed at the meeting.

. Special Education Joint Powers Board

-Subcommittees
2.

to the Cities of Marina, Monterey, Seaside, Del Rey OakS, and Sand City

No report.

Superintendent's

Report

Superintendent Lamb distributed a flyer relative to School-Based Coordinate Program (SBCP) Day; and reported that he, Maintenance Director Carlos Pina, and Maintenance Supervisor Don Chaney met with police and fire chiefs of the cities within the District. Superintendent Lamb said police, fire chiefs, and site principals will meet on January 11 to discuss the role of first responders in the event of a disaster/crisis situation at a school and what the impacts would be if across the District. A mock disaster drill willpossibly be held the second week in February. Assistant Superintendent Kari Yeater said regional meetings will be held at three different sites (Crumpton, Monterey High, and Seaside High Schools).

*3. Status Report on

International School of Monterey

Executive Director Chrissie Jahn reported on the status of International School of Monterey, and clarified questions from Board members. Ms. Jahn announced that there willbe an Open House on January 20th,from 2:30-4:30 p.m.

R.

Information

*1.

Review Proposed "Trigger Points" for Future New Construction and School Expansion

Projects

COOWoodruff said this was the first step in response to the FacilitiesTask Force and a Board request regarding the greater Marina area. He said the recommendation is to not open a new school or classroom until it is known that 50% of the school willbe full by the end of its first year. In addition, 85% utilization of that campus could be forecast within the first three years. Mr. Woodruff said the District is continuing to refine enrollment numbers, and receive credible timelines and projectionS relative to when to expect students. In response to Board Member Noriega's question about a trigger point for closure, Superintendent Lamb said that there is a Board policy that indicated an enrollment of 250 students in order to initiate a small school study.

*2.

Consider MPUSD Board Member in California School Boards Association Education Legal

Superintendent Lamb said that this item was placed on the agenda at the request of the Board. Following a brief discussion, it was the consensus of the Board to not move forward with this item.

Alliance

MPUSD Minutes, 1/8/07, PaQe 8

s.

Board Member Request(s) for Information and/or Possible Future Agenda Items

President Haffa requested an audit update in mid february.

President Haffa requested recommendations on the procedure to replace Board Member Eggers' position. Board Member Noriega reminded that there was a timeline so a decision would have to be made at the next meeting. Following a brief
discussion, it was the consensus of the Board for staff to provide Board members with

the legal requirementsand options so the Boardcould make a decision on the process, and agendizethe item for Information/Possible ctionat the next regular A meeting.
There was brief discussion whether to hold a welcome reception for newly appointed Superintendent MarilynShepherd at a regular Board meeting or whether to have a separate reception. Superintendent Lamb said he would follow up and make a
recommendation to the Board.

In response to Board Member Troutman's requested for an update on the Gifted and Talented Education (GATE)transportation issue, Superintendent Lamb reported that he and Assistant Superintendent Yeater have been meeting with GATE representatives to resolve this issue and that an update will be provided at a later date. In response to Board Member Troutman's request for information and an analysis of food products served to students, CBO Woodruff said a presentation will be agendized for the second meeting in February. Board Member Noriega requested a discussion and possible study session as to whether MPUSDwould like to enter into the possibility of workforce housing. He requested information on the use of surplus property for workforce housing, and the financial responsibilitiesand options to secure money.

T.
U. V.

Board Self-Evaluation, as Applicable Closed Session Adjournment

None.
There was no need for the Board to go back into closed session.

Meeting was adjourned at 9:50 p.m. in the memory of Alice Yoshida, retired Payroll Specialist and long time MPUSD classified employee, Antonina Balestreri, mother of Administrative Secretary Anna Balestreri; the father-in-law of Board member Eggers; and Paul Ames, father of retired teacher, MarilynnWhitcomb.

Respectfully submitted,

a:: ~~
Executive Secretary

JL/mg
"'Defense Language Institute ForeignLanguage Center, Presidioof Monterey& NavalPostgraduate School
+ Motion/Second/Carried

MPUSD Minutes, 1/8/07, Page 9

---

---------

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:
DATE:

Board of Education

January 22, 2007 REPORT: Status Report on Learningfor Ute Charter School

ITEM:

INTRODUCTION:

This item will update the Board on the progress of Learningfor Ufe Charter School.
BACKGROUND:

Whenthe Boardapprovedthe five-yearcharter schoolrenewalin June 2006tor Learning Ute for Charter School, there was a request to periodicallyreceive status reports on the school's progress.
OBJECTIVE:

To share with the Board the current status related to the progress of Learning for ute Charter School. COST/FUNDINGSOURCE/FISCAL IMPACT:
Not applicable. RECOMMENDAnON(S): That the Board of Education receive this status report from Learning for Ute Charter School.

PREPARED

BY

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCAnON

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE: ITEM:

Board of Education January 22, 2007 REPORT: Monthly Modernization Update

Information: The Board has requested a monthly status report on the District's modernization projects. The attached listing provides project budgetary detail on the schools that have active modernization projects. Background: Attached are the project detail cost summaries for the District's modernization projects. Objective: To provide the Governing Board timely information concerning the District's modernization initiative. Recommendation: That the Governing Board review the project detail information.

Prepared by:

Approved for Submission to the Board of Education

~~~
Thomas Woodruff Chief Business Officer

SEASIDE HIGH PROJECT STATUS

The new intercom/public address system is being completed. We found a few exterior speakers that were not working properly and needed to pull new wire to them. Once this is finished, the site will have complete communications to all areas of the school. Kitchen upgrades have been completed and the replacement of ceiling tile in one area is being planned for summer '07. This will clear all outstanding issues with the food service areas that were addressed by the County Health Department. District staff will meet with site staff the week of January 22ndto determine upgrade improvements for the summer. These will include a large amount of site improvements such as landscaping, tennis court repairs and asphalt repairs. Classroom carpeting and painting will continue throughout the year during break periods. District staff solicited bids for the needed upgrades in technology wiring throughout the site. Staff will be bringing the results of these bids to the Board in the near future for contract awarding.

MONTEREY HIGH PROJECT STATUS The science wing upgrades are in the design stage. District staff and architectural staff have had numerous meetings with the science teachers and the principal to garner their input into these upgrades. Work will commence as soon as school is out. We will be leasing three (3) portable classrooms to use as interim housing during this work and will be removed once the project is complete. The drainage project has been completed and is working well. There is lots of water being drained from the stadium area. District staff will be looking at the need to continue the drainage needs of the site especially in the areas uphill from the classroom wings. The gym heating project is ongoing. We will be renting a temporary heater for the gym to ensure that the gym will be used during the heating/ventilation project. District staff will be meeting with site staff on future upgrades needed. The painting and floor surfacing needs will be continued during all break periods. District staff has solicited bids for the needed upgrades in technology wiring throughout the site. Staffwill be bringing the results of these bids to the Board in the near future for contract awarding.

PHASE 2 MODERNIZATION PLAN

SITE

PROJECT BUDGET

MAINTENANCE ITEM

ESTIMATED COST

ACTUAL COST

YEAR

STATUS

BAY VIEW

$142,349

clock/intercom upgrads replace p-14 replace old cafeteria tables furniture replacement carpet primary wing paint exterior of school upgrade remaining restrooms re-tile multiuse room asphalt repair reconfigure front dropoff upgrade playground K structure upgrade landscaping cisco clock/intercom telephony cafeteria tables paint entire exterior of site upgrade existing restrooms asphalt repairs re-place carpeting site drainage window coverings upgrade playground structure cisco clock/intercom telephony replace intercom/phone system carpet replacement

$50,000 $75,000 $4,500 $30,000 $75,000 $50,000 $30,000 $50,000 $20,000 $30,000 $25,000 $300,000 $30,000 $60,000 $50,000 $70,000 $75,000 $50,000 $50,000 $35,000 $200,000 $60,000 $25,000

$65,282

$4,200

2006 2006 2006 2006 2006

CONTRACTED DEFERRED COMPLETED PARTIAL OUT TO BID

CRUMPTON

$625,853

$14,199

2006

COMPLETED

$303,118 $24,849

2006 2006

CONTRACTED COMPLETED

DEL REY WOODS

$560,364

$154,800 $50,424

2006 2006 2600

CONTRACTED COMPLETED COMPLETED

FOOTHILL

$112,401

FUND 35 PHASE 2 WORK PLAN (UPDATED 1/16/07)

SITE MANZANITA

PROJECT BUDGET $33,477

MAINTENANCE ITEM replace K carpet replace K frame/door

ESTIMATED COST ACTUAL COSTS $20,000 $2,000

YEAR 2006 2006

STATUS COMPLETED COMPLETED

MARINA DEL MAR

$299,976

asphalt repairs upgrade existing restrooms paint exterior of site playground structure technology upgrades upgrade windows in classrooms clock/intercom upgrades replace restroom tile technology upgrades

$50,000 $40,000 $120,000 $30,000 $25,000 $37,000 $50,000 $4,000 $40,000

OUT TO BID $21,164 $36,729 $37,031 $3,200.83 2006 2006 2006 2007 CONTRACTED COMPLETED COMPLETED COMPLETED OUT TO BID

OLSON

$122,090

ORD TERRACE

$528,000

site drainage re-tile kitchen floor upgrade restooms replace exterior doors replace carpets aphalt repairs

$75,000 $20,000 $100,000 $25,000 $50,000 $100,000

STILLWELL (CCHS)

$530,344

install wheelchair lift insulation and ceiling tile upgrade existing restrooms carpet classrooms asphalt repairs upgrade classroom doors paint interior classrooms technology upgrades

$30,000 $149,000 $50,000 $75,000 $25,000 $15,000 $30,000 $200,000

$146,889 $16,703 $14,060 $17,579 $120,644

2006 2006 2006

COMPLETED ONGOING COMPLETED ONGOING ONGOING

2006 2006

FUND 35 PHASE 2 WORK PLAN (UPDATED 1/16/07)

SITE COLTON

PROJECT BUDGET $8,000

MAINTENANCE ITEM re-establish restrooms

ESTIMATED COST ACTUAL COSTS $6,000

YEAR 2006

STATUS COMPLETED

FITCH

$250,000

upgrade restrooms re-carpet library site fencing asphalt repairs

$100,000 $20,000 $10,000 $70,000

KING

$335,000

paint exterior trim carpet replacement upgrade gym restrooms asphalt repairs soft costs *

$25,000 $10,000 $200,000 $25,000 $70,000

$8,247

2006 2006

COMPLETED AT DSA ON GOING

$65,500

LOS ARBOLES

$1,150,000

install soundproof classroom walls replace deteriorated portables upgrade kitchen/equipment upgrade clock/intercom restroom upgrades asphalt repairs paint gym/cafeteria re-finish gym floor furniture replacement technoloy upgrades computers for classrooms soft costs *

$600,000 $20,000 $60,000 $100,000 $40,000 $15,000 $3,000 $40,000 $160,000 $100,000 $150,000 2007 2006 2007 2006 2006 2006 2006 2006

IN DESIGN DEFERRED $54,481 $7,270 $14,980 $2,150 $19,498 $151,517 CONTRACTED ONGOING COMPLETED COMPLETED ONGOING CONTRACTED PARTIALORDER ONGOING

* soft costs include architect fees, special inspection, DSA inspector fees and DSA fees

FUND 35 PHASE 2 WORK PLAN (UPDATE 1/16/07)

SITE CENTRAL COAST (MARINA HIGH)

PROJECTBUDGET $78,000

MAINTENANCE ITEM replace carpet cafeteria tables (in-wall)

ESTIMATED COSTS $25,000 $50,000

ACTUAL COSTS $16,928 $49,900

YEAR 2006 2006

STATUS COMPLETED COMPLETED

MONTEREY HIGH

$3,700,000

replace gym complex heating asphalt repairs science wing classroom upgrades english wing modernization replace carpeting site drainage replace gym bleachers library wing door/ramp paint interior hallways interior hallways floor coverings technology upgrades soft costs * kitchen upgrades upgrade clock/intercom system upgrade restrooms replace ceiling tiles replace carpeting replace gym bleachers interior painting asphalt repairs stadium lights technology upgrades soft costs *

$300,000 $100,000 $1,500,000 $400,000 $150,000 $200,000 $150,000 $100,000 $50,000 $50,000 $400,000 $400,000 $400,000 $100,000 $200,000 $50,000 $150,000 $300,000 $100,000 $400,000 $69,000 $400,000 $300,000

$264,725

2006 2007 2006 2006

ON GOING DESIGN PARTIAL COMPLETED

$198,000

$227,500 $407,253 $90,182

OUT TO BID ON GOING COMPLETED 2006 2006/07 PARTIAL

SEASIDE HIGH

$2,555,238

$9,068 $123,197 $9,370 $64,566 $241,500

2006 2006 2006 2006

PARTIAL COMPLETED PARTIAL COMPLETED OUT TO BID ON GOING

* soft costs include architect fees, special inspection fees, DSA inspector fees and DSA fees

FUND 35 PHASE 2 WORK PLAN (UPDATED 1/16/07)

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO:
DATE: ITEM:. Board of Education January 22, 2007

Report: Application for Monterey Neighborhood Improvement Program Grant for portion of drainage improvements on Colton School property

INTRODUCTION: An undeveloped area of the Walter Colton School property includes a historic drainage channel that extends from high above the school to another drainage path in Quarry Park that eventually drains to Monterey Bay. Development of the school as well as homes and roads has changed the drainage flow. Flooding of developed properties has occurred and may occur in the future. Improvements in the late 1990s have controlled water flow and have greatly helped. To prevent future problems, the school district, city, and private landowners are developing a cooperative plan to better manage storm water runoff. Because a significant portion of the water flow begins above the school from non-school properties, District staff is preparing an application for NIP grant funding to pay a portion of any improvement costs. The District and City will each pay their appropriate shares as is normal with drainage projects. BACKGROUND: Neighborhood Improvement Program (NIP) grant applications are due the second week of February. NIP funds represent a portion of the visitor tax levied by the City of Monterey and are used by each recognized neighborhood association to address needs in that neighborhood. MPUSD staff feels this is an appropriate source of funding for improvements that are physically on the property of Colton School but serve as a conduit for storm water runoff from neighborhoods above the school. Storm water runoff gets trapped above Walter Colton Drive, then flows through drains under the road. Once below the road, another system carries the water to a pipe and then to the city's storm water system, where it travels under public streets to an open channel and the city's drainage system. This lower system is largely above ground and is very susceptible to blockage and weed overgrowth.

The system will be affected by planned development of new homes below Colton School. Staff is taking advantage of the upcoming development to create a better solution that will save the school district annual costs and potential liability. RECOMMENDATION: That the Board receive a report on the application for a NIP grant to address non-school storm water drainage costs on and near Colton

School.

PREPARED BY: /

APPROVED BY:

~~~

oi/lb/c-l

Thomas Woodruff,' .
Chief Business Officer

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

TO: DATE: ITEM:

Boardof Education January22, 2007 INFORMATION/POSSIBLE ACTION: Options to Consider Regarding BoardVacancy

INTRODUCTION:

Board Member Robert Eggers has filed resignation papers effective February6, 2007, with the County Superintendent of School's Office.
BACKGROUND:

In accordance with Education Code Section 5091(a), " whenever a vacancy occurs, or whenever a resignationhas beenfiledwiththe countysuperintendentof schoolscontaininga deferredeffectivedate, the school district or community college district governing board shall, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make a provisionalappointment to fillthe vacancy. A governing boardmember maynotdeferthe effective dateof hisor herresignationormore f

than GOdays after he or she filesthe resignationwiththe countysuperintendentof school. In the event that a governingboard failsto make a provisional ppointmentor order an electionwithin a

the prescribed GO-day period asrequired thissection, he county by t superintendent ofschools shallorder
an electionto fillthe vacancy."
OBJECTIVE: To consider options to fill a Board vacancy in Trustee Area I. COST/FUNDING SOURCE/FISCAL IMPACT:

Not applicable if there is a provisionalappointment. An election would cost somewherebetween$30,000 to $50,000.

RECOMMENDATION(S):

That the Boardmake a decisionfor a provisional ppointmentas per Education a Code5091(a); and that the Board call for a special Boardmeeting on February12, 2007, to interviewcandidates;and that the Board directthe Superintendentto assist in the postingof the vacancyand to facilitatethis processfor the Board. PREPARED BY

APPROVED FORSUBMISSION TO THE BOARDOF EDUCATION

Process For Filling A District Board Vacancy

Prepared by the Office of Dr. Nancy Kotowski Monterey County Superintendent of Schools
Dated January 2007

MAILING ADDRESS: P.O.BOX 80851 SALINAS, CA 93912-0851 DELIVERY ADDRESS: 901 BLANCO CIRCLE SALINAS, CA 93901 TELEPHONE: (831) 755-0301 FAX: 831.755.6473

Process For Filling A District Board Vacancy

Prepared by the Office of the Monterey County Superintendent of Schools Dated October 2004

Disclaimer: This is a general guide and should not be construed to be legal advice. Always consult your legal advisor. References: California State Education Code Sections 1008 and 5090 - 5095 Critical Points:

. .
.

California Education Code Sections 5090, 5091 and 5092 explain the appointment procedures to a public board and the related requirements.

Resignations of district board members must be made directly to the County Superintendent of Schools and no other party.
Once received by the County Superintendent of Schools the written resignation becomes irrevocable (see Education Code 5090).

.
.

California State Education Code Section 5091(a) states that within 60 days of the vacancy the District Board of Trustees shall either fill the vacancy by provisional appointment or by calling a special election.
If the District Board of Trustees opts to fill the vacancy by appointment, and the appointment is not made within 60 days of the date the letter of resignation was received by the County Superintendent of Schools, it is the County Superintendent's responsibility to issue a call for an election to fill the vacancy (see Education Code 5091).

.
.

In the event that the District Board of Trustees fails to make either a provisional appointment or order an election, the CountySuperintendent f Schoolsshall call for o the election. "A member of the governing board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5090" (Education Code 35178).

Option One: Provisional Appointment The Board may make a provisional appointment within 60 days of the date of vacancy. Procedure for Making Provisional Appointment

. . . . .

Board Elects to Fill Board Vacancy By Appointment Press Release Is Distributed to Local Media Outlining Process For Filing Board Vacancy and Timeline. A legal notice of the Board vacancy and application information is placed in the newspaper of general circulation the District
Notice of Board vacancy and application information is mailed to feeder school districts of the District

President of Board Appoints Committee to paper screen applications

End of period of filing applications for appointment by interested parties Committee paper screens Applicants are scheduled for interviews. Interviews are agenized and agendas are mailed

. .
. . . .

The Board conducts interviews in open session Board Selects Provisional Appointee. Thirty (30) day period for submitting a petition calling for a special election begins. Notices of the appointment shall be posted in a minimum of three public places in the District (city halls, libraries, school district offices) and a legal notice shall be published in the newspaper of general circulation within the district. (*) Provisional Appointee is seated on the Board End of 30-day period for submitting a petition calling for a special election Should no petition be submitted, the appointment becomes effective.

(*) Within 10 days of making the appointment, notices of the appointment shall be posted "in three public places in the district and shall publish a notice pursuant to Section 6061 of the Government Code" (a legal notice in the newspaper of general circulation within the district).

The notice shall state thefact of the vacancy and the date of the vacancy. The notice shall also contain thefull name of the provisional appointee, the date of appointment, and a statement that "unless a petition callingfor a special election, containing a sufficient number of signatures, isfiled with in the office of the superintendent of schools

within 30 days of theprovisionalappointment,it shall becomean effectiveappointment."

(E.C 5092). Should the petition callingfor a special election befound to be sufficient and to have met all of the requirements of E. C 5091(/)(1), the provisional appointment is terminated and the superintendent of schools shall callfor an election. The elections department would set the date of this election. Option Two: Special Election The District Board may order a special election within the prescribed 60-day period to fill the vacancy. This election may be consolidated with the next regular election. The person elected to fill the vacancy will take office at the next regularly scheduled meeting of the governing board following the certification of the election and shall serve only until the end of the term of the position which he or she was elected to fill. Option Three: County Superintendent of Schools Calls for Election In the event that the Board fails to make a provisional appointment or order an election within the prescribed 60-day period, the County Superintendent shall call for the election. The person elected to fill the vacancy will take office at the next regularly scheduled meeting of the governing board following the certification of the election and shall serve only until the end of the term of the position which he or she was elected to fill.

Education

Code Section 509]

(a) Whenever a vacancy occurs, or whenever a resignation has been filed with the COUnl:yuperintendent of schools containing a deferred effective date, the school district s or community college district governing board shalJ, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make aprovisional appuintment to fill the vacancy. A governing board member may not defer the effective date of his or her resignation for more than 60 days after he or she files the resignation with the county superintendent of schools. In the event that a governing board fails to make a provisional appointment or order an election wi thin the prescribed 60-day period as required by this section, the county superintendent of schools shall order an election to fill the vacancy. (b) When an election is ordered, it shall be held on the next established election date provided pursuant to Chapter I (commencing with Section 1000) of Division I of the E1cctions Code not less than 130 days after the order of the election. (c) (l) If a provisional appointment is made within the 60-day period, the registered voters of the district may, within 30 days from the date of the appointment, petition for the conduct of a special election to fill the vacancy. A petition shall be deemed to bear a sufficient number of signatures if signed by at least the number of registered voters of the district equal to 1112percent ofthenumber of registered voters of the district at the time of the last regular election for governing board members, or 25 registered voters, whichever is greater. However, in districts with registered voters of less than 2.000 persons, a petition shall be deemed to bear a sufficient number of signatures if signed by at least 5 percent ofthe number of registered voters of the district at the time of the last regular election for governing board members. (2) The petition shall be submitted to the county superintendent of schools having jurisdiction who shall have 30 days to verify the signatures. If the petition is determined to be legally sufficient by the county superintendent of schools, the provisional appointment is terminated, and the county superintendent of schools shall order a special election to be conducted no later than the 130th day after the determination. However, if an established election date, as defined in Section 1000 of the Elections Code, occurs between the 130th day and the 150th day following the order of the election, the county superintendent of schools may order the special election to be conducted on the regular election date. (d) A provisional appointment made pursuant to subdivision (a) confers all powers and duties of a governing board member upon the appointee immediately following his or

her appointment.

(e) A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for district governing board members, whereupon an 3

electionshall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur. (f) (1) Whenever a petition calling for a special election is circulated, the petition shaJlmeet all of the following requirements: (A) The petition shalI contain the estimate of the. elections official of the cost of conducting the special election. (B) The name and residence address of at least one, but not more than five, of the proponents of the petition shall appear on the petition, each of which proponents shall be a registered voter of the school district or community college district, as applicable. (C) None of the text or other language of the petition shall appear in less than sixpoint type. CD)The petition shall be prepared and circulated in conformity with Sections 100 and 104 of the Elections Code. (2) If any of the requirements of this subdivision are not met as to any petition calling for a special election, the county superintendent of schools shall not verify the signatures, nor shall any further action be taken with respect to the petition. (3) No person shall permit the list of names on petitions prescribed by this section to be used for any purpose other than qualification ofthe petition for the purpose of holding an election pursuant to this section. (4) The petition filed with the county superintendent of schools shall be subject to the restrictions in Section 6253.5 of the Government Code. (g) Elections held pursuant to subdivisions (b) and (c) shall be conducted in as nearly the same manner as practicable as other governing board member elections.

Education Code Section 5092 Whenever a provisional appointment is made to the governing board of a school district pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in three public p]aces in the district and shall publish a notice pursuant to Section 606] of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published. The notice shall state the fact of the vacancy or resignation and the date of the occurrence of the vacancy or the date of the filing of. and the effective date of, the resignation. The notice shall also contain the full name of the provisional appointee to the board and the date of his appointment, and a statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.

Education Code Section 35178 A member of the goveming board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shaIJ not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091.

- -- - --

--

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT Board of Education January 22, 2007 INFORMATON: Review Credential Technician I Job Description

TO: DATE: ITEM:

INTRODUCTION: The personnel office is in need of employing a Credential Technician I position in order to work with certificated employees to ensure maintenance of credentials. BACKGROUND: The personnel office is being required through various legislative acts to ensure that teacher credentials are maintained in order to meet the NCLB requirements ensuring that districts have one hundred percent of their teachers highly qualified. This entails an inordinate amount of work to not only retain highly qualified teachers but to recruit them and ensure their credentials are maintained. The work currently rests on the shoulders of one person. There are approximately 350 teachers in the District whose credentials must be monitored and maintained on an annual basis. The work is exceedingly challenging for one person. Therefore, the District believes that in order to create greater certainty of maintenance and greater certainty that teachers will remain highly qualified a Credential Technician I position needs to be created. The funding for the position is being supported by categorical funds and is one of the recommendations the Board of Education approved when the Board approved the LEAP. The District has met with CSEA to discuss the job description, salary and range placement. CSEA and the District are in agreement with the position, salary and range. OBJECTIVE: That the Board review the Credential Technician I job description. COST/FUNDING SOURCE/FISCAL IMPACT: Categorical funds

RECOMMENDATION (S): That the Board review the Credential Technician I job description.

PREPARED BY:

APPROVED FOR SUBMISSION TO THE BOARD OF EDUCATION:

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT JOB DESCRIPTION CREDENTIAL TECHNICIAN I

CLASSIFICATION: SALARY LEVEL: WORKYEAR: JOB DEFINITION:

Classified Employee Range 34, Classified Salary Schedule 12 Months

Under direction of the Assistant Superintendent of Personnel Services incumbent provides highly responsible and difficult personnel administrative assistance to administrators, teachers, counselors, and others seeking certification within Monterey Peninsula Unified School District and other credential services as mandated by law. Assists certificated school personnel, school district administrators, personnel staff, Charter schools, and out-of-state candidates seeking credentialing information and services. Maintains computerized credential records and files. Periodically audits currently employed school personnel to ensure compliance with applicable laws. This job class performs complex and highly responsible clerical/technical duties of a confidential nature and requires analytical and evaluation skills. Performs other job related duties as assigned by supervisor.

SUPERVISOR: AssistantSuperintendent f Personnel ervices o S

QUALIFICATION REQUIREMENTS: To perform the job successfully, an individual must be able to satisfactorily perform each essential duty. The requirements listed on the job description are representative of the knowledge, skills and abilities required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential duties

EXAMPLES OF DUTIES: Thefollowingis a list of dutiesthatare representative thepositionand includebutare notlimitedto: of

Essential Duties: . Receive and evaluate official transcripts, degrees, work experience, and examinations; determines eligibility for state certification and processes applications for certificated personnel in public or Charter schools . Establish and maintain confidential credentials files on all certificate staff . Assist and advise personnel and applicants in preparing applications for credentials and updating them regarding changes in requirements . Verify temporary certificates as mandated by Education Code to authorize service . Assist, advise, and provide clarification to interested parties concerning credential requirements, laws, regulations, education code, and Title V regulations . Monitor assignments of credentialed personnel in District and Charter schools; collect and input data regarding assignments; review for possible misassignments; determine validity of assignments and assignment practices; assist school in resolving misassignments; report misassignments as necessary . Confer with County Office of Education departments, district and internal staff, the Commission on Teacher Credentialing, and other agencies regarding problems and changes in regulations concerning certification requirements, staff placements, and viable alternatives

Receive, record, and maintain records and supporting documents of all credentials/permits,

including
events as

expiration dates; notify certificated personnel of impending expirations

Participate

and attend

certificated

recruitment

fairs, credential

workshops,

and other related

assigned

.
.

Prepare and develop correspondence, memorandums, and forms as related to assigned functions Audit school district certificated personnel assignments to ensure proper credentials Perform clerical and receptionist duties with a minimum of supervision; must be ableto workwith frequent interruptions, in person and by telephone

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT JOB DESCRIPTION CREDENTIAL TECHNICIAN I

Essential Duties (Continued): . Must be flexible and able to change projects or priorities on a frequent basis . Maintain a high level of professional business communication skills with other departments, staff, students, and the public . Answer inquiries from teachers, parents, school administration, staff, outside agencies, and other authorities; provide appropriate information as required . Provide assistance on department and district policies and procedures when requested . Create and maintain automated or manual files and recordkeeping systems, maintains security of confidential files and records . Assist in the collection, preparation, and review of data from a wide variety of sources for reports, proposals, and other formal written communications; gather, classify, and summarize data . Operate office equipment such as a personal and networked computer and printers, typewriters, facsimile machines, copy equipment, voice messing and electronic mail systems, and telephone equipment several types of software programs . Compile and assemble databases, charts, and tables as requested by, or in anticipation of supervisor's needs using several types of software programs . Participate in ensuring all reports and correspondence achieves a high level of quality . Review finished work for clerical accuracy, completeness, and compliance to established standards . Make mathematical computations involving addition, subtraction, division, and multiplication of whole numbers, fractions, decimals, means, medians, etc., with speed and accuracy . Research Education Code for appropriate application/use . Assist with coordination of mandated costs reimbursement process Other Related Duties: . Provide in-service workshops for District personnel regarding credentials . Perform other related duties as assigned by the supervisor . Participate in available training to meet new safety and/or technology standards . Attend meetings related to assignment PHYSICAL EFFORT AND WORK ENVIRONMENT: . Physical, mental, and emotional stamina to perform the duties and responsibilities of the position . Mental acuity to collect and interpret data, evaluate, reason, define problems, establish facts, draw valid conclusions, make valid judgments and decisions . Manual dexterity sufficient to write, use the telephone, computer, calculator, and office machines at required speed and accuracy . Vision sufficient to read handwritten and printed materials, and the display screen of various office equipment and machines . Hearing sufficient to communicate in person and hold telephone conversations in normal range (approximately 60 decibels) . Speaking ability in an understandable voice with sufficient volume to be heard in normal conversational distances on the telephone and addressing groups . Physical agility to sit, stand, kneel, walk, push/pull, squat, twist, turn, bend, stoop, and to reach overhead . Physical stamina sufficient to sustain light physical labor for up to 8 hours, sit and/or walk for prolonged periods of time . Physical mobility sufficient to move about the work environment (office, district, school site to site) for sustained periods of time on hard flooring, climb slopes, stairs, ramps, and to respond to emergency situations . Physical strength sufficient to periodically lift and/or carry 40 pounds of materials or supplies; occasionally lift 80 or more pounds with assistance . Occasionally push and/or pull a variety of tools, equipment, or objects weighing 80 or more pounds; Indoor work environment

-----

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT JOB DESCRIPTION CREDENTIAL TECHNICIAN I

REQUIRED QUALIFICATIONS:

Education: A high school diploma or GED equivalency sufficient to assure the ability to read and write English and to perform mathematical calculations at the level required for successful job performance PLUS a minimum of two (2) years of formal, related education beyond a high school diploma or other combination of training, education, and experience that demonstrates possession of the knowledge and abilities to perform the duties of the position

Experience: . Combination of training and experience equivalent to four (4) years of progressively responsible clerical, administrative, secretarial, human resources, personnel, and/or technical experience, preferably in the field of public education/services, which has provided the applicant with the required knowledge and abilities to successfully perform job duties . Must have word processing, spreadsheet, and presentation software training and be able to generate reports, develop correspondence, and create presentations for meetings and workshops . Experience and use of email systems, voice mail, and internet applications . Training and experience in keyboarding, personal computer literacy, general clerical operations, and general accounting practices . In use of modern office methods, procedures, and equipment, financial and other record keeping systems, receptionist and telephone techniques . Working in a business office, preferably in public education or public service . Utilizing proper discretion in dealing with and handling confidential matters and information . Experience, understanding, and maintaining cooperative and effective relationships with co-workers, District administrators, and the public . Experience, understanding, and maintaining cooperative and effective relationships with persons of culturally and linguistically diverse backgrounds . Must have advanced English usage, spelling, grammar, punctuation, and report and/or correspondence writing

KnowledQe of:

.
. . . . . .

Basic English usage, spelling, grammar, punctuation, and report and/or correspondence writing Computer software application in word processing, spreadsheet, desktop publishing, data base, and presentation software California credential regulations and procedures as related to K-12 education California State Education Code, Board Policies, Methods and practices of accurate record keeping (financial and otherwise), including mathematics, electronic spreadsheets, and efficient filing systems Source documents and data entry verification General office practices, rules, regulations, standards of the office, the District, and the State of California Time management/organizational skills

Licenses and Certificates: . Possessionof a validClassC Californiadriver'slicense(asappropriateto the assignment)

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT JOB DESCRIPTION CREDENTIAL TECHNICIAN I

REQUIRED QUALIFICATIONS (Continued):

Abilitv to: . Learn, interpret, and apply laws, rules, regulations, and policies concerning credentialing certification requirements, and fingerprint regulations . Understand and carry out assigned work with minimal supervision . Take responsibility to use good judgment in recognizing scope of authority . Clearly explain a wide variety of complex procedures and policies to individuals who have minimal knowledge of related processes and procedures . Maintain confidentiality of information, and use proper discretion concerning confidential matters . Analyze situations accurately and adopt an effective course of action . Maintain and control multiple tasks/projects simultaneously with interruptions . Maintain accurate and neat records and reports . Present statistical material in table, chart, or graph form . Research, document, and quickly apply clerical operations and procedures of the office/District . Maintain patience and tolerance when working with "difficult" individuals . Plan, organize, and coordinate the work of others . Compose letters and reports from oral or written instructions; at time compose correspondence independently . Prepare and maintain statistical records and reports . Use an alpha/numeric keyboard and standard office equipment effectively with a reasonable rate of speed and accuracy to successfully complete assignments . Learn and use technology and computer software applications as appropriate to the work environment . Learn, plan, formulate and execute federal, state, district, and departmental policies, procedures and directives, in accordance with assigned duties . Read, understand, interpret, apply, and follow laws, rules, regulations, processes, policies, and methods of the office, the District, and the State of California . Use initiative and judgment in discussing problems with the public and district staff, involving District practices and policies . Deal effectively with a wide variety of personalities and situations requiring diplomacy, friendliness, poise, and firmness . Establish and maintain co-operative relationships with those contacted during the performance of required duties, including students, school personnel, parents, vendors, co-workers, and the community . Communicate effectively in the English language, both orally and in writing . Understand and be sensitive to those of culturally and linguistically diverse backgrounds . Understand and follow complex oral and written directions . Perform mathematical calculations with speed and accuracy . Maintain regular attendance and punctuality DESIRABLE QUALIFICATIONS: . Associate or Bachelors degree highly desirable . Previous experience in a school district or governmental entity . Leadership, coaching, and teambuilding skills to strengthen and cultivate relationships . Strategic and analytical thinking skills with an ability to solve problems and make decisions . Ability to use a consultative approach to resolving employee and labor relations issues . Ability to apply deductive reasoning and draw conclusions in order to solve problems and facilitate decision-making processes

Created:

Date: 12/13/2006
4

---------------

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

FROM: DATE: ITEM:

Board of Education January 22, 2007 INFORMATION: Review Dry Period Financing - TRAN

Introduction: The Education Code and the Monterey County Office of Education require that school districts maintain positive cash balances at the end of each month throughout the fiscal year. However, with local taxes distributed only twice during the year (December and April), many school districts begin to run short of cash during the period of July-December of each year. The California Government Code (Section 53850) provides relief by allowing school districts to borrow operating cash prior to their first installment of tax or other large revenue receipts. The borrowing method used by most school districts and the one recommended by county officials is the Tax & Revenue Anticipation Notes (TRAN). Background: In the TRAN process, the district issues Tax & Revenue Anticipation Notes underwritten by banks or other financial institutions specializing in governmental securities. Because the TRAN is issued by tax-exempt government agencies, interest paid to the buyer is significantly reduced compared to regular market rates. The buyer receives favorable income tax advantages when dealing with tax-exempt agencies. The allowable TRAN for the Monterey Peninsula Unified School District for 2007-2008 should be approximately $8 million dollars (($8,000,000). Approximately 200 districts will form a pool, with each issuing its separate Tax & Revenue Anticipation Note. The notes for all participants will be aggregated and purchased by the California School Boards Association Finance Corporation, a nonprofit corporation formed by the California School Boards Association for its financial programs and underwritten by Piper Jaffray Incorporated. Proceeds from the sale of the notes will be invested on behalf of the districts in an investment agreement that is secure and is permitted under California law. Objective(s): To borrow money by issuing Tax & Revenue Anticipation Notes (TRAN) to offset deficits that may occur during dry periods, when monthly expense exceeds monthly income during 20072008.

Cost/Funding/Source: NA Recommendations(s): At this time it is necessary to get direction from the Board to proceed with gathering required financial statistics and other pertinent documents in order to stay on the time line established by the underwriters. It is anticipated that final Board action for the issuance of TRAN takes place at the meeting of February 20,2007. Prepared by: Approved for Submission to the Board of Education

~'\~

Thomas Woodruff

O\J~!c.,
'
I

Chief Business Officer