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AGENDA NEW HAVEN UNIFIED SCHOOL DISTRICT

Regular Meeting of the Board of Education Board Room, Educational Services Center

34200 Alvarado-Niles Road, Union City, California 94587 Tuesday, December 10, 2013 Closed Session – 6:00 p.m.

Regular Meeting (Open Session) – 7:30 p.m.

Item

Time - Approximate

Open Session/Call to Order/Announcement of Closed Session Topic(s) Meeting opens in the Superintendent’s Conference Room

I. Closed Session 90 Minutes 1. Recommended Expulsion (Education Code Section 48900) (Smith) –

Essential #5

2. Public Employee Performance Evaluation: Interim Co-Superintendents Evaluation (Government Code Section 54957)

3. Public Employee: Dismissal/Discipline/Release (Government Code Section 54957) - Meeting with Legal Council

4. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9) 1 Case

II. Reconvene to Open Session/Action from Closed Session Discussion

III. Pledge of Allegiance

IV. Roll Call: Members Canlas___ Cheema___ Dino___ Matthews___ Ritchie___ Student Members Inieto___ Silvey___

V. Approval of the Agenda/Action

VI. Public Comment – Hearing of Visitors on Topics Not on Agenda

Members of the audience may comment on matters that are not included on the agenda. Each speaker will be allowed up to a maximum of three minutes (or less at the discretion of the Board President.) Sharing of minutes is not permitted. No action may be taken on a matter raised under “Hearing of Visitors on Topics Not on Agenda” until the matter has been specifically included on an agenda as an action item. When appropriate, the Board President will refer specific issues or requests to the Superintendent for follow-up.

30 Minutes

VII. Public Comment – Hearing of Visitors on Topics on Agenda

Members of the audience may comment on matters that are included on the agenda during the Board’s consideration of the item. Each speaker will be allowed up to a maximum of three minutes (or less at the discretion of the Board President.) Sharing of minutes is not permitted.

VIII. Information Items 30 Minutes

5. Mission Valley Regional Occupation Program (MVROP) Presentation (Smith) – Essential #1

6. Items from the Board and Superintendent (Smith/Varadarajan)

December 10, 2013 Board of Education Agenda of 3

IX. Action Items 45 Minutes 7. Approval of the 2013-14 First Interim Report and Multi-Year Projections

(Varadarajan) – Essential #6

8. Acceptance & Approval of Facilities Master Plan (Varadarajan) – Essential #6 9. Election of Board Officers – President and Clerk 10. Appointments to Standing Committees and Board Representatives to Other

Agencies (Board President)

11. Date and Time of Regular Board Meetings (Board President)

X. Consent Agenda Items – Action 10 Minutes 12. Minutes – Regular Board Meeting of November 19, 2013 (Smith/

Varadarajan)

13. Personnel Actions (McNamara) – Essential #6 14. Expenses for month of November, 2013 (Varadarajan) Essential #6 15. Payroll Warrant Numbers/Cancelled Warrant Numbers November, 2013

(Varadarajan) – Essential #6

16. Resolution No. 019-1314, Accounting for Developer Fees (Varadarajan) – Essential #6

17. Resolution No. 020-1314, Sikh Awareness Month (Smith/Varadarajan) – Essential #7

18. Revised Board Policy #B-3550, Food Service/Child Nutrition Program, First Reading (Varadarajan) – Essential #6

19. New Board Policy #B-3551, Food Service Operations/Cafeteria Fund, First Reading (Varadarajan) – Essential #6

20. New Board Policy #B-3552, Summer Meal Program, First Reading (Varadarajan) – Essential #6

21. Revised Board Policy #B-3553, Free and Reduced Price Meals, First Reading (Varadarajan) – Essential #

22. New Board Policy #B-3555, Nutrition Program Compliance, First Reading (Varadarajan) – Essential #

23. Settlement Agreements for Special Education Students (Smith) – Essential #5 24. Internship Agreement with Brandman University For Positions of School

Psychology, Education Administration, School Counseling (McNamara) – Essential #6

25. Memorandum of Understanding With University of San Francisco For The Provision of Student Teaching and Counseling Experience (McNamara) – Essential #6

XI. Discussion and Action on Items Removed From Consent Agenda

XII. Adjournment

Essentials for Continuous Growth and Improvement 1 District-Wide Instructional Foci (e.g., literacy) 2 Data to Inform Instructional and Professional Development Decision Making 3 Targeted Professional Development Plan to Grow & Strengthen Instruction 4 Research-Based Best Instructional Practices 5 Creation & Maintenance of Effective & Safe Learning Environments 6 Alignment of all Resources (Human, Time, Money) 7 Parent & Community Involvement in Learning, Assessments & Supports

H:\BOARD\AGENDA\2013 BdAgendas\Dec 10 13 RegAgenda.doc

December 10, 2013 Board of Education Agenda of 3 Consent Agenda Items are considered routine matters and are voted on as a group by the Board. Members of the Board or audience may ask questions about consent items as if

they were regular items. Upon Board request, an item may be removed from “consent” and voted on separately. The Board of Education, by law, may act only on those action items listed on the agenda. Backup material is available at the Educational Services Center for agenda items that are not confidential by calling 510-476-2623. A complete copy of the agenda with backup material, excluding confidential information, will be available at the Board meeting. Regular Board agendas are posted for inspection at least 72 hours in advance of the meeting at the Educational Services Center, 34200 Alvarado-Niles Road, Union City. The public may also inspect non-confidential documents distributed to the Board less than 72 hours before the meeting at this same location. Individuals who require special accommodation, including but not limited to an American Sign Language interpreter, accessible seating or documentation in accessible formats, should contact the Superintendent’s Office at least two working days before the meeting date.

NEW HAVEN UNIFIED SCHOOL DISTRICT

Board Agenda Item Meeting Date: December 10, 2013

Subject: Department: Mission Valley Regional Occupation Program (MVROP) Presentation

Division of Teaching and Learning

Action Requested: The Board of Education is requested to receive a presentation from Superintendent Hanson of the MVROP overall program update.

Discussion:

Superintendent Hanson will provide updated information regarding Career Technical Education programs provided by MVROP.

Financial Summary:

Prepared By: Lori Valdes Department Approval: Arlando Smith

Interim Co-Superintendents Approval: Arlando Smith & Akur Varadarajan H:\BOARD\Agenda Items\BAI Template 2013.docx

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Board Agenda Item

Meeting Date: December 10, 2013

Subject: Department:

Approval of the 2013-14 First Interim Report and Multi-Year

Projections, Essential #6

Business

Action Requested:

The Board of Education is requested to approve the 2013-14 First Interim Report and Multi-Year Projections.

Discussion:

INTRODUCTION

The First Interim Report represents our District’s financial activities from the beginning of the fiscal year

through October 31st, and it contains revenue and expenditure projections for the current year and the two

subsequent years. This is a state-mandated report, which the School Board is required to certify to the County

Superintendent of Schools on whether the District’s financial condition is positive, qualified, or negative for the

First Interim period as well as for the two out-years.

The 2013-14 Budget Act reflects California’s most stable fiscal footing in well over a decade. It provides $1.2

billion in one-time funds to support Common Core State Standards implementation. Our District’s share of

these funds is $2.5 million and is restricted for instructional materials, technology, and professional

development.

In addition, the passage of Proposition 30 affords temporary tax revenues that will provide additional funding

to schools, primarily in the form of $2.1 billion to implement the new funding structure known as the Local

Control Funding Formula (LCFF).

Below is an illustration of the updated funding structure:

Funding Components K-3 4-6 7-8 9-12

Grade Span Base $6,845 $6,947 $7,154 $8,289

COLA at 1.57% $107 $109 $112 $130

TOTAL GRADE SPAN BASE $6,952 $7,056 $7,266 $8,419

Adjustment Factors for K-3 and 9-12 10.40% 2.60%

Supplemental

(20% of the Grade Span Base *

Unduplicated %) 20.00% 20.00% 20.00% 20.00%

Concentration

(50% of the Grade Span Base *

Unduplicated % in excess of 55%) 50.00% 50.00% 50.00% 50.00%

Add-Ons Transportation and TIIG Funds

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Major Revenue Components of LCFF

LCFF will be funded by consolidating the existing Revenue Limit fund and more than forty categorical

programs into a single unrestricted revenue stream. Under the formula, funding for school districts will be

calculated by adding the Base Grant, Adjustment Factors applied to the Base Grant, Supplemental Grant,

Concentration Grant, and Add-ons.

Base Grant: A per pupil base grant to cover the basic costs of instruction and operations. The 2013-14 Base

Grant funding includes a COLA at 1.57%.

Adjustment Factors to the Base Grant – Grades K-3 Grade Span Average (GSA) and Grades 9-12 Career

Technology Education (CTE)

• 10.40% of the Base Grant or about $723 per student at grades K-3. Until fully implemented, and as a

condition of receipt, districts shall make progress toward maintaining an average class size of 24:1,

unless a locally bargained alternative ratio is agreed on. The class size requirement is not subject to

waiver by the State Board of Education.

• 2.60% of the Base Grant or about $219 per student at grades 9-12

Supplemental funding: A supplemental grant equal to 20 percent of the base grant will be provided for each

“unduplicated” number of English learners, economically disadvantaged or foster youth students. This means

students who fall into one or more of these categories can only be counted once for supplemental funding

purposes.

Concentration funding: For schools with English learners, economically disadvantaged and foster youth

enrollment in excess of 55 percent of their total enrollment, a concentration grant equal to 50 percent of the

base grant is provided.

Add-ons: these two categorical programs are excluded from the 40 categorical programs that will be

consolidated. The amounts for these add-ons are fixed at the 2012-13 amounts for all future years’

calculations.

• Home to School Transportation

• Targeted Instructional Improvement Block Grant

Below is Revenue Calculation for NHUSD using LCFF:

Funding Components K-3 4-6 7-8 9-12 Totals

ADA (using 2012-13 P2)

3,750.00

2,699.68

1,841.70

4,115.28

2013-14 Unduplicated % (Projected) 55.35% 55.35% 55.35% 55.35%

TOTAL GRADE SPAN BASE $6,952 $7,056 $7,266 $8,419

Adjustment Factors for K-3 and 9-12 $723 $219

BASE GRANT $28,781,794 $19,048,188 $13,381,719 $35,546,182 $96,757,883

SUPPLEMENTAL GRANT $3,186,145 $2,108,634 $1,481,356 $3,934,962 $10,711,098

CONCENTRATION $50,368 $33,334 $23,418 $62,206 $169,326

ADD-ONS $521,168 $521,168

LCFF TARGET FUNDING LEVEL IN 2020/21 $108,159,475

FUNDING LEVEL AT CURRENT FORMULA $78,010,040

FUNDING GAP TO REACH TARGET FUNDING LEVEL $30,149,435

LCFF FUNDING LEVEL IN 2013-14 $81,561,643

2013-14 FUNDING GROWTH FROM LCFF $3,551,603

2013-14 PERCENT GROWTH FROM LCFF 4.55%

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As described in previous reports to the Board, the LCFF is intended to simplify how schools are funded and

allow maximum flexibility in allocating resources to meet local needs. While the formula itself is relatively

straightforward and simple in concept, the transition from Revenue Limit funding formula to the LCFF is

extremely complex in application.

This brings new challenges as school districts are required to quickly adapt to this new funding model yet the

2013-14 apportionment will not even be certified by the state until July 2014.

In addition, many of the details of the Local Control Accountability Plan (LCAP), which is the new

accountability structure, are yet to be determined by the State Board of Education (SBE). Staff anticipates

additional information on the LCAP including detail regulations on the use of Supplemental and Concentration

Grants to be released by SBE in September 2014.

THE DISTRICT’S FISCAL CONDITION

In the past three years District staff continued to work more for less and endured increased reductions year

after year. Reductions in the form of increased class sizes, salary cuts, budget cut days or furlough days, which

translate to fewer instruction days in the year, fewer work days for administrative and operations staff, to meet

deadlines and do business as usual.

To say that the last few years in school finance have been extremely difficult is an understatement. Yet,

despite the challenges, our District has been able to avoid insolvency and state receivership by making tough

decisions and implementing significant reductions in all areas. Without a doubt, our District would not have

endured if not for the resilience of our employees and the strong support from our employee bargaining groups.

Assuming revenue assumptions and cost reductions materialize, the District can stay fiscally solvent for 2013-14

and maintain positive certification through 2015-16.

Major Revenue and Expenditure Assumptions for 2013-14 First Interim

LCFF REVENUE ASSUMPTIONS FOR 2013-14

Average Daily Attendance (using prior year P-2) 12,406.66

LCFF COLA 1.57%

LCFF Funding Rate to Meet Target Level 11.78%

LCFF Transition Funding $3,551,603

GENERAL FUND UNRESTRICTED RESTRICTED COMBINED

Revenues $81,962,926 $32,658,609 $114,621,535

Expenditures ($72,440,637) ($43,808,675) ($116,249,312)

Other Sources $39,500 $0 $39,500

Other Uses ($80,000) $0 ($80,000)

Contributions to Restricted Programs ($10,945,726) $10,945,726 $0

Increase/Decrease to Fund Balance ($1,463,937) ($204,340) ($1,668,277)

Beginning Fund Balance $5,382,726 $1,555,465 $6,938,191

Ending Fund Balance $3,918,789 $1,351,125 $5,269,914

COMPONENTS OF ENDING FUND BALANCE

Reserve for Revolving Account $50,000 $0 $50,000

Legally Restricted Balance $0 $1,351,125 $1,351,125

Prior year EIA Carryover - Assigned for Program $352,000

Reserve for Economic Uncertainties $3,516,789 $3,516,789

Undesignated Fund Balance $0 $0 $0

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The attached First Interim Report portrays the following financial information for the General Fund: Adopted

Budget (column A), Revised Budget (column B), Actual Financial transactions through October 31, 2013

(column C), and First Interim Report Projected Year Totals (column D). The Projected Year Totals include

updates to the Adopted Budget based on currently projected revenues and expenditures.

Highlights of this report include:

• Revenue: General Fund combined revenues are projected to be $114,621,535. Compared to the

Adopted Budget, there is an overall revenue increase of approximately $1.8 million, all of which is

attributed to the one-time restricted funds that are to be spent towards District alignment to the

Common Core State Standards.

• Expenditures: General Fund combined expenditures are projected to be at $116,249,312, which

is an increase of $2.9 million compared to the Adopted Budget. This overall increase includes:

$760,000 for full restoration of step and column for all employees, $240,000 for higher than

estimated increase in health and welfare costs, $400,000 for contracts and services in Special

Education, $450,000 in contract settlement costs, and approximately $1.0 million in instructional

materials and professional development expenses for Common Core implementation.

It is important to note that these expenditure increases are partially negated by higher than

estimated beginning fund balance due to prior year savings of approximately $700,000 and by

using prior year ending balance of $890,000 in Home to School Transportation, both of which are

one-time in nature.

• Contribution to Restricted Program: The chart below shows General Fund contributions to Restricted

Programs:

GENERAL FUND CONTRIBUTIONS TO RESTRICTED PROGRAMS

Continuation Education $584,176

Special Education $8,882,479

Routine Restricted Maintenance $1,465,969

Kids Zone $13,102

TOTAL $10,945,726

• Ending Balance and Reserves: The District’s fund balance of about $5.6 million includes 3.5

million required reserves for economic uncertainties, $352,000 in prior year balance from EIA

funds, which are not part of LCFF and are to remain restricted and therefore are designated for

program use, and over $2 million restricted to categorical programs.

BUDGET PROJECTIONS FOR 2014-15 AND 2015-16

Our assumptions for 2014-15 and 2015-16 are based on the current guidelines provided by school

organizations including Fiscal Crisis and Management Assistance Team (FCMAT), School Services of

California (SSC), Department of Finance (DOF), and Alameda County Office of Education (ACOE).

In July 2013, the DOF released revised estimates for LCFF funding rates for 2013-14, 2014-15, and 2015-16.

It is important to note that the estimate for 2015-16 dropped from 29.70% to 18.69% from the Governor’s May

Revision, which was the basis of our District’s Adopted Budget. This decrease equates to $3.2 million, which

is a substantial impact to our original budget projection for 2015-16. Clearly, despite improvements in the

economy, school funding remains volatile.

The Governor’s preliminary budget in January 2014 will be the first indication of what we can expect for

2014-15 and 2015-16, and any changes to this information will require a revision to the budget, and will be

communicated as they become available.

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Major Revenue and Expenditure Assumptions for Fiscal Year 2014-15 and 2015-16

LCFF REVENUE ASSUMPTIONS FOR 2014-15 AND 2015-16 2014-15 2015-16

Average Daily Attendance (Projected)

12,309

12,261

LCFF COLA 1.87% 1.99%

LCFF Funding Rate to Meet Target Level 16.49% 18.69%

LCFF Transition Funding $4,097,990 $4,483,707

MAJOR EXPENDITURE ASSUMPTIONS FOR 2013-14 AND 2014-15 2014-15 2015-16

K-3 Class Sizes at 29:1 in 2014-15 and 27:1 in 2015-16 $372,600 $931,500

Cost for Health & Welfare Increase Estimated at 10% $1,940,143 $2,134,158

Cost of Step and Column Increase $782,921 $798,414

Cost of LMT funding shift from RTT-D $600,000

Cost of Instructional Materials $300,000

Inflationary Costs in Utilities and Services $0 $400,000

Cost of Deferred and On-going Maintenance due to Loss of Flexibility $0 $1,000,000

Budget Deficit - Distributed to Each Employee Group at Fair Share ($2,100,000) ($3,300,000)

OTHER BUDGET CONSIDERATIONS:

For 2013-14, the District and NHTA agreed on 9 budget cut days as per the current flexibility provisions. This

reduced their work-year from 184 to 175, with an option to buy back 3 days in the form of professional

development. These 3 days increased the work-year from 175 to 178 days and are funded by one-time Common

Core funds.

For 2014-15 and 2015-16, the NHTA work-year is assumed at 181 days, which includes restoration of 6 days

from 2013-14 (9 budget cut days, less 3 buy-back days). Additional reductions may be required to fund 3 days

to fully restore to 184 days.

The First Interim Report is submitted to the Board for approval with a Positive Certification of the district’s

ability to meet its financial obligations for the current and two subsequent fiscal years. The Positive Certification

is recommended because the report indicates a General Fund Reserve Designated for Economic Uncertainty of

3.00% in the current fiscal year and also for fiscal years 2014-15 and 2015-16.

The Criteria and Standard Report assists the district and the County Superintendent of Schools with evaluating

the fiscal condition of the district based on the information provided in the First Interim Report and related data.

Based on the financial information presented, it is recommended that the Board of Education approve the 2013-

14 First Interim Report.

Financial Summary:

District’s budget is revised based on information available as of the preparation of the First Interim Report.

Prepared By: Annette Heldman/Akur Varadarajan Department Approval: Akur Varadarajan

Interim Co-Superintendent Approval: Arlando Smith & Akur Varadarajan

H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\2013-14 First Interim Board Report.docx


Board Agenda Item



Acceptance & Approval of Facilities Master Plan, Essential #6 Business

Action Requested:

The Board of Education is requested to accept and approve the District’s Facilities Master Plan.

Discussion:

A Board study session was held on January 22, 2013 during which the Facilities Master Plan was presented to

the Board. The final plan presented tonight incorporates all the suggestions made at that meeting.

The Facilities Master Plan is an overview of the projects for campus improvements. This is a conceptual design

and serves as a guide to the development of future projects based on facts known today. While this is a long-

term plan for the district’s facilities requirements, it also embeds technology and deferred maintenance that are

not only short-term but continuous.

The Master Planning process involved the following:

• Meeting with Superintendent and other staff to define vision

• Site based meetings to understand site’s needs and requirements

• Evaluation of Site facilities needs by Architects and District Facilities staff

• Facility Design guidelines

• Needs Assessment

1. Architectural

2. Structural

3. Mechanical/Plumbing

4. Electrical/Communication/Low Voltage

5. Site Amenities (Landscape)

• Financial Analysis

• Technology

• Cost Estimating

• Project packaging

The Master Planning Vision:

• A long-term flexible plan that will identify projects for campus improvements and guide development

of future projects.

• Technology embedded in instruction continuously.

• Dramatically reduce energy use costs and carbon foot print through sustainable design practices.

• Provide healthier, safer environments for learning and play.

• Establish roadmap to accommodate future growth and ensure campus facility equity.

• Campus security and community access.

• Energy cost reduction strategy:

1. Set high priority on modernization/new work that improves campus energy performance –

building envelope (walls, roofs and windows), solar orientation, sunshading, daylight

harvesting, HVAC and lighting controls.

2. Alternative Energy Sources – Solar Arrays.

District-Wide Technology Improvements:

The District is currently improving its technology infrastructure. With advent of RTTT, the District technology

has improved to include personal computing devices to achieve a student device ratio of 1:2 at elementary

schools, and A student device ratio of 1:1 at middle and high schools.

The master plan takes these into account and provides for continuous growth and enhancement to district

technology.

• Infrastructure: Upgraded campus wiring, new network switches and routers, wireless campus to

support one-to-one computing for staff and students, mounted projectors and audio systems in each

classroom with integrated A/V control panels, and modernized computer labs.

• Devices and Peripherals:

1. K-5 schools: Modern laptop computers with docking stations for faculty and administrators, new

desktop workstations for clerical and support staff and administrators at all levels. Students will

be provided personal computing devices. Replacement of classroom printers and document

cameras for every classroom and lab.

2. 6-12 schools: Modern laptop computers with docking stations for faculty and administrators,

new desktop workstations for clerical and support staff. Students will be provided personal

computing devices. Class room printers to be replaced and document cameras for every

classroom and lab.

Summary:

Attached is the detailed report for your review. The report includes an executive summary, site by site facility

analysis which provides a pictorial representation of the existing campus with current challenges, and the

proposed solutions with estimated costs analysis. The projects have been categorized as follows: health and

safety, technology classroom enhancements, non-classroom enhancements, deferred maintenance, and

miscellaneous items.

The Board is requested to accept and approve the Facilities Master Plan as presented.

Financial Summary:

Prepared By: Akur Varadarajan Department Approval: Akur Varadarajan


H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\Facilities Master Plan.docx



Subject: Department: Election of Board Officers – President and Clerk Superintendent

Action Requested: The Board is requested to elect a Board President and Board Clerk from among its members.

Discussion:

Pursuant to current Board Policy #BB-9100, at the annual organizational meeting the Board will elect a Board President and Board Clerk. A copy of current Policy BB-9100 is attached for your information. Listed below are the Presidents/Clerks elected for the past five years: Year President Clerk

2013 Linda Canlas Jonas Dino 2012 Michelle Matthews Jonas Dino 2011 Michelle Matthews Kevin Harper 2010 Gwen Estes Gertrude Gregorio 2009 Gertrude Gregorio Gwen Estes

Financial Summary: N/A


Interim Co-Superintendents Approval: Arlando Smith & Akur Varadarajan H:\BOARD\Agenda Items\BAI 13-14\BAI ElectBdOfcrs 121013.docx

NEW HAVEN UNIFIED SCHOOL DISTRICT Board Policy #BB-9100 BYLAWS OF THE BOARD

Page 1 of 1

Organization Annual Organizational Meeting The Governing Board shall hold an annual organizational meeting within the time limits prescribed by law. (Education Code 35143) At this meeting the Board shall: 1. Elect a president and a clerk. 2. Establish the date and time of regular Board meetings. 3. Designate Board representatives. (cf. 9320 - Meetings and Notices) Election of Officers The Board shall each year elect its entire slate of officers. Legal Reference: EDUCATION CODE 5017 Term of office 35143 Annual organizational meeting date, and notice 35145 Public meetings GOVERNMENT CODE 54953 Meetings to be open and public; attendance ATTORNEY GENERAL OPINIONS 68 OPS. CAL. ATTY. GEN. 65 (1985) 59 OPS. CAL. ATTY. GEN. 619, 621-622 (1976) First Reading December 6, 2005 Second Reading January 3, 2006

H:\BoardPolicies\9000_BylawsBoard\Policies\BB9100.doc




Appointments to Standing Committees and Board Representatives to Other Agencies

Superintendent

Action Requested: The Board is requested to act on the appointments to the committees/agencies listed.

Discussion:

Appointments to the following Committees/Agencies should be made: Regional Occupational Program (ROP) Board (2 year term) Member Dino is the current board representative and Member Cheema serves as the alternate. Alameda County School Boards Association (1 year term) Member Canlas currently serves as representative to the Alameda County School Boards Association. Member Cheema serves as the alternate. SELPA (Special Education Local Plan Area) Policy Board Member Ritchie was the current board representative and Member Dino serves as the alternate. California Interscholastic Federation/North Coast Section (CIF/NCS) Member Matthews served as the Board’s representative and Member Cheema serves as the alternate. Board of Education/City Council Sub-Committee The Board President and Board Clerk have been the Board’s representatives to this sub-committee since its formation. Union City Youth Violence Prevention Advisory Committee Members Matthews and Ritchie both participate.



Interim Co-Superintendents Approval: Arlando Smith & Akur Varadarajan H:\BOARD\Agenda Items\BAI 13-14\BAI AnnOrgReps 2013.docx




Date and Time of Regular Board Meetings

Superintendent

Action Requested: The Board is asked to designate the first and third Tuesday of the month, 7:30 p.m., as the date and time of their Regular Board Meetings.

Discussion: Pursuant to Board Policy BB-9100, as part of the Board’s annual organization meeting the Board needs to establish the date and time for regular meetings. Should the Board continue with their Regular Meetings on the first and third Tuesday of the month, the following dates reflect those meetings between January and June, 2014:

Tuesday, January 7, 2014** Tuesday, April 1, 2014** Tuesday, January 21, 2014 Tuesday, April 15, 2014 Tuesday, February 4, 2014 Tuesday, May 6, 2014 Tuesday, February 18, 2014 Tuesday, May 20, 2014 Tuesday, March 4, 2014*** Tuesday, June 3, 2014 Tuesday, March 11, 2014*** Tuesday, June 17, 2014 Tuesday, March 18, 2014

** On March 19, 2013, the Board approved canceling the meetings of January 7 and April 1, 2014. *** Additionally, on October 1, 2013, in an effort to provide adequate time for preparation of the Second Interim Report which is due March 15, 2014, the Board approved rescheduling the March 4, 2014 meeting to March 11, 2014.

Financial Summary:

Prepared By: Lori Valdes Department Approval: A. Smith & A. Varadarajan

Interim Co-Superintendents Approval: Arlando Smith & Akur Varadarajan H:\BOARD\Agenda Items\BAI 13-14\BAI Meeting Date & Time 121013.docx

NEW HAVEN UNIFIED SCHOOL DISTRICT MINUTES

Board of Education minutes are action-only. Video tapes of regular meetings are available for viewing or purchase. Regular meetings are also replayed on Tuesday and Thursday evenings, 7:30 p.m., until the date of the next regularly scheduled meeting.

REGULAR BOARD MEETING held on Tuesday, November 19, 2013, in the Board Room of the Educational Services Center, 34200 Alvarado-Niles Road, Union City, California.

Members Present: Canlas, Cheema, Dino, Matthews, Ritchie Student Members Present: Inieto, Silvey

Call to Order The meeting was called to order in the Superintendent’s Conference Room at 6:00 p.m. by President Canlas. Adjourn to Closed Session At 6:00 p.m. the Board of Education adjourned to closed session to discuss the following: 1. Public Employee Performance Evaluation: Interim Co-Superintendent Evaluation (Government Code Section 54957) 2. Public Employment: Contract Extension Chief Business Officer, Chief Academic Officer and Chief Personnel Officer (Government Code Section 54957) 3. Conference With Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One case. Facts and circumstances of the potential case are not subject to disclosure pursuant to paragraph (1) of subdivision (e) of Government Code Section 54956.9. Reconvene to Open Session/Action from Closed Session Discussion The Board of Education reconvened to open session in the Board Room at 7:30 p.m. Public Employee Performance Evaluation: Interim Co-Superintendents (Government Code Section 54957) President Canlas stated there is nothing to report. Public Employment: Contract Extension Chief Business Officer, Chief Academic Officer and Chief Personnel Officer (Government Code Section 54957) President Canlas stated there is nothing to report. Conference With Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One case. Facts and circumstances of the potential case are not subject to disclosure pursuant to paragraph (1) of subdivision (e) of Government Code Section 54956.9. President Canlas stated there is nothing to report. Approval of Agenda (M.Ritche, S.Dino, C.) to approve the agenda for tonight’s meeting. AYES: Canlas, Cheema, Dino, Matthews, Ritchie Student Member Inieto, Student Member Silvey Public Comment – Hearing of Visitors on Topics Not on Agenda - None

November 19, 2013 Board of Education Minutes Page 2 of 5 Public Comment – Hearing of Visitors on Topics on Agenda The following individuals encouraged the Board to reject Resolution 018-1314 and embrace diversity: Daniel Gonzales, Luis Reynoso, Amandeep Bhullar, Brindusa Curcaneanu, Harinder Singh, Parminder Singh Sahi, Vinni Singh, Jais Dhaliwal, Bob Swanson, Tarun Singh, Ram Singh, Kashmir Singh, Audie Bock and Jim Navarro. Speakers shared their belief that the Dashmesh Charter School will provide an opportunity for a better learning foundation, make students stronger, empower parents and that students will be better prepared for the future and new technology. Many were concerned that the findings were biased and based on opinions not facts. Some were offended by the tone and racist comments made during the meeting held on October 15, 2013. Teachers Pace Lash and Clarissa Louie along with NHTA President Paul Stickland encouraged the Board to accept Resolution 018-1314 and deny the Dashmesh Charter School as they believe that Charter Schools are unaccountable for their actions and funding is difficult to come by. They commended the board on the detailed work and research that went into this resolution and encouraged parents to become more involved in their student’s classrooms. Ms. Louie stated that in her experience of working at a charter school, resources were limited, many teachers were not credentialed and the school did not provide the experience necessary to teach children with varied learning styles. Resolution No. 018-1314, Resolution of the Governing Board of the New Haven Unified School District Denying the Charter Petition for the Establishment of the Dashmesh Academy Charter School and Written Findings in Support Thereof (M.Matthews, S.Ritchie, C.) to approve Resolution No. 018-1314, Resolution of the Governing Board of the New Haven Unified School District Denying the Charter Petition for the Establishment of the Dashmesh Academy Charter School and Written Findings in Support Thereof Member Matthews apologized to the community for the lack of inaction in addressing some of the racist and classist comments made from both sides of the argument at the last board meeting. She shared that her decision regarding this resolution will be based on the application submitted and ed code requirements that were or were not met. Member Ritchie echoed Member Matthew’s comments regarding the racist and classist comments and added that it was unfortunate on both sides. He also stated that after reviewing the charter school application, that not all charter schools are created equal and that the running of the charter school has significant limitations. Member Cheema shared that this was an intense decision for her and that while her single vote will not make the decision, she will vote with a clear conscience. She also invited the community to work within the system and process and thanked the Sikh community for coming together with commendable and good intentions. Member Dino thanked everyone for speaking this evening and believes that the intentions of this charter school are for the parents to get the best education possible for their student. He encouraged all community members to become more involved in the New Haven schools. President Canlas shared that she too heard both sides and believes that we all want what is best for our students but as a board the responsibility is to do the right thing and follow the education code. Her decision will be based on the law and ed code.

November 19, 2013 Board of Education Minutes Page 3 of 5 AYES: Canlas, Dino, Matthews, Ritchie Student Member Inieto, Student Member Silvey NOES: Cheema The board of education took a recess from 8:40 p.m. to 8:49 p.m. Presentation from the Members of the Equity Task Force Interim Co-superintendent Arlando Smith introduced the Equity Task Force (ETF) and the Tri-Chairs: Tracie Noriega, Tanya Leno and Ramón Camacho. Ms. Noriega provided some history of the ETF and requested a moment of silence for Sara Husokowski, a New Haven teacher that recently passed away and whose voice resonates in the policy that the Board voted on last month. Other members of the ETF provided background information, shared about the key role that the ETF held in the launch of the Union City Kids’ Zone and using data from student and teacher surveys and parent focus groups, cited the need for culturally responsive teaching and culturally relevant curriculum and suggested two priority areas: 1) Curriculum and instruction – including materials, learning modalities, Bloom’s Taxonomy (a classification of learning objectives considered to be foundational and essential to education) and assessment – should address students’ cultural and individual needs; 2) Students should be provided with safe and adequate opportunities to address race, culture, gender orientation and religion, including but not limited to: a) student voice, b) a process for democratic action, c) student perspectives to be hard and understood, d) addressing habitual patterns of unintentional racism and bias. They believe that communication between parents, students and teachers is the cornerstone for achieving a strong educational platform and that diversity is an asset that enriches and strengthens our district. Members of the board thanked the ETF for their efforts and congratulated them on their diligent work in creating the Equity Policy. At 9:30 p.m. Student Member Silvey left the meeting. Discussion Regarding Going Paperless And Cost Savings Interim Co-superintendent Akur Varadarajan provided background for this discussion. He shared that after the closure of the district print shop printing and photo-copying needs have been outsourced. The board agendas cost approximately $2,500 - $3,000 annually. Staff request that the board consider the possibility of going paperless and using an I-Pad for the board agendas and meetings as this would be cost efficient. I-Pads would be ready for use at the January 2014 meeting. Items from the Board and Interim Co-superintendents Student Member Inieto (JLHS): JLHS has been working on events to unify the school. Students recently held their annual blood drive. Volunteered at the New Haven Schools Foundation (NHSF) Halloween Carnival which was very

successful. Shared that Alvarado Elementary School is hosting an event to raise funds for people affected by

the typhoon in the Philippines.

November 19, 2013 Board of Education Minutes Page 4 of 5 Member Ritchie: Echoed Student Member Inieto in that the NHSF Halloween Carnival was a great success and

wished to thank the many staff and teachers that were involved. Enjoyed judging the Forensics event at UOP Stockton and will be attending the Logan School Site

Council meeting this week. Member Cheema: Was pleased to attend the MVROP Open House which was very informative and she was

impressed with their architecture program. She attend the Veterans Day celebration at Acacia Creek. Reminded the community that there is a Thanksgiving dinner this Friday for Senior Citizens at the

Ruggeri Center. Looks forward to participating at the CSBA Annual Education Conference (AEC).

Member Matthews: Attended the Youth Violence Prevention Advisory meeting last week. Enjoyed a Veteran’s Day socializing event where it was an honor to meet with other vets. She looks forward to attending the AEC in San Diego and learning about LCFF.

Member Dino: Will attend the MVROP meeting this Thursday and will be at Eastin Elementary tomorrow to

share moon rocks and meteorite samples. Commended PASE and other Filipino groups and their efforts to raise funds for those affected by

Typhoon Haiyan. He volunteered at robotics event on Saturday where the Emanuele Tigers team, comprised of 10

students, competed in school to school competition and placed 8th out of 16 teams. They were the highest ranking rookie team. He thanked Gina Pacaldo for her efforts to insure that the students had the resources in the room to hold their team meetings and build their robot. He will also be donating another NXT kit to Emanuele as there are more students that want to participate.

Interim Co-superintendent Varadarajan: Shared that he and Dr. Smith attended a meeting with Senator Corbett where they discussed LCFF

and Common Core. They shared concerns that she will take back to the legislature. Interim Co-superintendent Smith: Thanked the board for the vote they took tonight on Resolution 018-1314 as staff worked very

hard and their vote is a validation of their work. President Canlas: Shared that with Thanksgiving next week it is an appropriate time to thank everyone for all the

work they have done. She expressed her appreciation to every employee in the district where they live the word “collaboration”.

Shared that with Typhoon Haiyan in the Philipines there are many people that need hope and assistance; she encouraged everyone to donate to their favorite charity during this season.

Approval of Consent Agenda Items (M.Matthews, S.Dino, C.) to approve the following consent agenda items: 8. Minutes – Regular Board Meeting of October 15, 2013

November 19, 2013 Board of Education Minutes Page 5 of 5 9. Minutes – Special Board Meeting of November 4, 2013 10. Minutes – Special Board Meeting of November 9, 2013 11. Personnel Actions 12. Expenses for the Month of October 2013 13. Payroll Warrant Numbers/Cancelled Warrant Numbers October, 2013 14. Approval of Multiple Day/Out of State Field Trip Requests 15. Revised Board Policy #B-3513.3, Tobacco-Free Schools, Second Reading 16. Resolution No. 017-1314 – Classified Layoff 17. 2013-14 Approval for Special Education NPS/NPA Contracts 18. Approval of Consultant, Anne Diskin 19. Approval of Joint Powers Agreement between City of Fremont and New Haven Unified School District 20. Approval of Agreement for Natural Gas Sales AYES: Canlas, Cheema, Dino, Matthews, Ritchie Student Member Inieto ABSENT: Student Member Silvey Adjournment The meeting was adjourned at 10:00 p.m. Respectfully Submitted ______________________________ ______________________________ Arlando Smith, Akur Varadarajan, Interim Co-Superintendent and Interim Co-Superintendent and Secretary of the Board of Education of Secretary of the Board of Education of New Haven Unified School District New Haven Unified School District




Personnel Actions – Essential #6 Personnel

Action Requested: The Board is requested to approve the following personnel recommendations.

Discussion:

Appointment(s) Co-Curricular Increase/Decrease in Assignment Leaves of Absence(s) Reclassification Resignation(s) Retirement(s) Return from Reemployment List Salary Adjustment Status Change(s) Working Out of Class Employment Agreement Extension

Financial Summary:

Prepared By: Derek McNamara Department Approval: Akur Varadarajan



PERSONNEL ACTIONS December 10, 2013

RETIREMENTS School Secretary, 1.0 FTE, Adult School, retiring effective December 1, 2013: Esther Soto RESIGNATION Classroom Assistant III, 0.5333 FTE, Eastin Elementary, resignation effective October 30, 2013: Seema Kaudan RCA I Special Education, 0.5333 FTE, Cesar Chavez Middle, resignation effective November 16, 2013: Andrea Lozano Kids First Program Assistant, 0.26667 FTE, Emanuele Elementaty, resignation effective November 15, 2013: Elizabeth Montano RCA I Special Education, 0.80 FTE, Pioneer Elementaty, resignation effective November 14, 2013: Karina Aguirre Kids First Program Assistants, 0.13333 FTE, Kitayama Elementary, resignation effective November 23, 2013: Arcelia Marquez APPOINTMENTS Teacher, 1.0 FTE, Pioneer Elementary, effective November 14, 2013: I-1a Karina Aguirre Teacher, 1.0 FTE, James Logan High, effeictive November 15, 2013: I-1a Lisa Ruddy Classroom Assistant III, .80 FTE, James Logan High, revised start date, at range/step: 23-2 Gary Muhammad Eff. November 5, 2013 – April 30, 2014 23-3 Gary Muhammad Eff. May 1, 2014 – June 30, 2014 Family Services Assistant, .70 FTE, Barnard White Middle, at range/step: 25-1 Abigail Andrade Eff. November 21, 2013 – May 31, 2014 25-2 Abigail Andrade Eff. June 1, 2014 – June 30, 2014 CO-CURRICULAR After School Music/Dance, for 2013-14 school year 1.5%/year ASB Funded: David Martelle Alvarado Elementary 2 group Keith Guernsey Alvarado Elementary 2 group Greg Snelling Alvarado Elementary 1 group Angela Bautista Alvarado Elementary 1 group Kimberly Hernando Alvarado Elementary 1 group Jessica Farias Alvarado Elementary 1 group Maureen Tecson Alvarado Elementary 1 group

Cesar Chavez Middle, for the 2013-14 school year: Isaac Montellano Asst. Choir Director $88.64 ASB Choir Funded $147.73 District Funded Isaac Montellano Asst Band Director $651.01 ASB Funded $295.46 District Funded Department Heads, for the 2013-14 school year: Doris Gallagher Cesar Chavez Middle 3%/year 177 Anne Huff Cesar Chavez Middle 3%/year 177 Donna Perry Cesar Chavez Middle 3%/year 177 Jennifer Vijeh Cesar Chavez Middle 3%/year 177 Logan High School, for 2013-14 school year: Jamie Holly Percussion Director 4% 1st. semester Tien Nguyen Percussion Director 4%/2nd. semester WORKING OUT OF CLASS Classified Employee, Corporation Yard, working out of class as Lead Bus Driver Trainer/Dispatcher, effective October 14, 2013 – October 25, 2013: 32-4 Mary Feeney Classified Employee, Searles Elementary, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 7, 2013: 17-4 Maria Ochoa Classified Employee, Hillview Crest Elementary, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 9, 2013 and October 23, 2013: 17-4 Maria Ochoa Classified Employee, Emanuele Elementary, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 14, 2013: 17-4 Maria Ochoa Classified Employee, Kitayama Elementary, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 14, 2013 and October 28, 2013: 17-4 Theresa Garcia Classified Employee, Conley-Caraballo High, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 14, 2013 and October 28, 2013: 17-1 Nicandra Diaz de Santillan Classified Employee, Emanuele Elementary, working out of class as Lead Cafeteria Assistant, 6 hours, effective October 17, 2013 and October 18, 2013: 17-4 Nicandra Diaz de Santillan INCREASE/DECREASE IN ASSIGNMENT Classroom Assistant III, Searles Elementary, FTE change from 0.5333 to 0.6667, effective October 1, 2013: Amanda Waddel Classroom Assistant III, Alvardo Elementary, FTE change from 0.6667 to 0.80, effective December 3, 2013: Arcelia Marquez


Board Agenda Item



Expenses for the month of November, 2013 Essential #6 Business Services

Action Requested:

The Board of Education is requested to approve these expense warrants.

Discussion:

The Board of Education by approving Resolution No. 051-1213 has authorized the district to purchase and

sign contracts. All contracts signed are ultimately ratified by the Board, either by personnel appointments,

approval of warrants or other methods in relationship to purchasing within monetary limits set forth in the

Public Contact Code 20111, 20112 and 20118.

Based on the above, the District has issued warrants as follows for the month of November, 2013.

FUND AMOUNT

01 General Fund $ 1,427,387.65

11 Adult Education $ -

12 Child Development $ -

13 Food Service Fund $ 151,340.96

14 Deferred Maintenance Fund $ -

17 Special Reserve Non Capital Outlay Fund $ -

21 Building Fund $ 70,778.15

25 Capital Facilities Fund $ -

40 Special Reserve Capital Outlay Fund $ -

63 Other Enterprise Fund - Kids First $ 3,380.97

71 Retiree Benefit Fund $ 71,182.33

Subtotal: $ 1,724,070.06

Less: Unpaid Sales Tax: $ 640.98

TOTAL PAYMENTS

$

1,723,429.08

The detailed expense report is available in the Business Office, should the Board wish to review it.

Financial Summary:

Warrants have been issued.

Prepared By: D. Domingo /Annette Heldman Department Approval: Akur Varadarajan

Interim Co-Superintendents Approval: Arlando Smith & Akur Varadarajan

H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\Accounts Payable Expense NOV2013.docx


Board Agenda Item



Payroll Warrant Numbers/Cancelled Warrant Numbers November 2013,

Essential #6

Business Services

Action Requested:

The Board of Education is asked to approve the payroll warrant numbers for the period November 1, 2013 to

November 30, 2013.

Discussion:

From To Warrant Number Total

50339955 50339958 22,953.33$

50341209 50341276 5,949,100.68$

10214125 10214125 47,485.97$

10214596 10214877 322,534.50$

TOTAL 6,342,074.48$

Fund Description Total

01 General Fund 6,162,545.27$

11 Adult Education Fund 6,000.23$

13 Food Service Fund 82,076.07$

14 Deferred Maintenance Fund -$

21 Building Fund 6,596.92$

35 County School Facilities Fund -Prop 1A -$

63 Other Enterprise Fund - Kids First 40,463.99$

71 Retiree Benefit Fund 44,392.00$

TOTAL 6,342,074.48$

Financial Summary:

Warrant Numbers Total: $6,342,074.48

Cancelled Warrants Total: $0

Prepared By: Mei Chan Department Approval: Akur Varadarajan



Board Agenda Item



Resolution No. 019-1314, Accounting for Developer Fees,

Essential #6

Business

Action Requested:

The Board of Education is requested to approve Resolution No. 019-1314, Accounting for Statutory State

Developer Fees Collected in 2012-13.

Discussion:

The Board is required to make an annual accounting of all statutory developer fees that have been collected. The

accounting was made available to the public on November 22, 2013.

This resolution meets the requirements of Government Code Sections 66001 and 66006. As per code

requirements, the exhibits attached to this resolution have been made available to the public for the required 15-

day period.

Financial Summary:

Prepared By: Annette Heldman Department Approval: Akur Varadarajan


H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\Res 019-1314 DevFeeAccounting.docx


RESOLUTION OF THE GOVERNING BOARD

REGARDING ACCOUNTING OF DEVELOPMENT FEES

FOR 2012-2013 FISCAL YEAR

IN THE FOLLOWING FUND OR ACCOUNT:

FUND 25, RESOURCE 9831

(Government Code sections 66001(d) and 66006(b))

RESOLUTION NO. 019-1314

1. Authority and Reasons for Adopting this Resolution.

A. This District has levied school facilities fees pursuant to various resolutions, the most

recent of which is dated October 4, 2011, and is referred to herein as the “School

Facilities Fee Resolution” and is hereby incorporated by reference into this Resolution.

These resolutions were adopted under the authority of Education Code Section 17620

(formerly Government Code section 53080). These fees have been deposited in the

following fund or account:

Fund 25, Resource 9831 (the “Fund”);

B. Government Code sections 66001(d) and 66006(b) require this District to make an

annual accounting of the Fund and to make additional findings every five years if there

are any funds remaining in the Fund at the end of the prior fiscal year.

C. Government Code sections 66001(d) and 66006(b) further require that the annual

accounting of the Fund and those findings be made available to the public and that this

information be reviewed by this Board at its next regularly scheduled board meeting

held no earlier than 15 days after they become available to the public, and that notice of

the time and place of this meeting (as well as the address at which this information may

be reviewed) be mailed at least 15 days prior to this meeting to anyone who has

requested it.

D. The Superintendent has informed this Board that a draft copy of this Resolution (along

with Exhibits A and B, which are hereby incorporated by reference into this

Resolution) was made available to the public on November 22, 2013. The

Superintendent has further informed this Board that notice of the time and place of this

meeting (as well as the address at which this information may be reviewed) was mailed

at least 15 days prior to this meeting to anyone who had requested it.

Resolution No. 019-1314 Page 2

E. The Superintendent has also informed this Board that there is no new information

which would adversely affect the validity of any of the findings made by this Board in

its School Facilities Fee Resolution.

2. What this Resolution Does.

This Resolution makes various findings and takes various actions regarding the Fund as

required by and in accordance with Government Code sections 66001(d) and 66006(b).

3. Findings Regarding the Fund.

Based on all findings and evidence contained in, referred to, or incorporated into this

Resolution, as well as the evidence presented to this Board at this meeting, the Board finds

each of the following with respect to the Fund for the 2012-2013 Fiscal Year:

A. In reference to Government Code section 66006(b)(2), the information identified in

section 1 above is correct;

B. In further reference to Government Code section 66006(b)(2), this Board has reviewed

the annual accounting for the Fund as contained in Exhibit A and determined that it

meets the requirements set forth in Government Code section 66006(b)(1);

C. In reference to Government Code section 66001(d)(1), and with respect only to that

portion of the Fund remaining unexpended at the end of the 2012-2013 Fiscal Year, the

purpose of the fees is to finance the construction or reconstruction of school facilities

necessary to reduce overcrowding caused by the development on which the fees were

levied, which facilities are more specifically identified in Exhibit B;

D. In reference to Government Code section 66001(d)(2), and with respect only to that


findings and evidence referenced above demonstrate that there is a reasonable

relationship between the fees and the purpose for which it is charged;

E. In reference to Government Code section 66001(d)(3), and with respect only to that

portion of the Fund remaining unexpended at the end of the 2012-2013 Fiscal Year, all

of the sources and amounts of funding anticipated to complete financing in any

incomplete improvements identified as the use to which the fees are to be put is

identified in Exhibit B.

Resolution No. 019-1314 Page 3

F. In reference to Government Code section 66001(d)(4), and with respect only to that


approximate dates on which the funding referred to in paragraph (E) above is expected

to be deposited into the appropriate account or fund is designated in Exhibit B; and

G. In reference to the last sentence of Government Code section 66006(d), because all of

the findings required by that subdivision have been made in the fees that were levied in

paragraphs (C) to (F) above, the District is not required to refund any moneys in the

Fund as provided in Government Code section 66001(e).

4. Superintendent Authorized to Take Necessary and Appropriate Action.

The Board further directs and authorizes the Superintendent to take on its behalf such further

action as may be necessary and appropriate to effectuate this Resolution.

5. Certificate of Resolution.

I, Jonas Dino , Clerk of the Governing Board of the New

Haven Unified School District , District of Alameda County, State of California, certify

that this Resolution proposed by , and seconded by ,

was duly passed and adopted by the Board, at an official and public meeting this 10th

day of

December , 2013 by the following vote:

AYES:

NOES:

ABSENT:

Jonas Dino, Clerk of the Board of

Education of New Haven Unified School

District of Alameda County

State of California.


RESOLUTION NO. 019-1314- EXHIBIT A

TO RESOLUTION REGARDING

ACCOUNTING OF DEVELOPMENT FEES

FOR FISCAL YEAR 2012-2013

FOR THE FOLLOWING FUND OR ACCOUNT:


Per Government Code section 66006(b)(1)(A)-(H) as indicated:

A. A brief description of the type of fee in the Fund:

Fund 25, Resource 9831 contains level one and level two developer fees as

authorized by the State of California and approved by the New Haven Unified

School District Board of Education.

B. The amount of the fee:

• Level One Fee: $2.97 per square foot of residential construction; and $0.47

per square foot of commercial/industrial construction.

• Level Two Fee: $3.27 per square foot for residential construction also.

C. The beginning and ending balance of the Fund:

Beginning Balance as of 7/01/12: $434,708

Ending Balance as of 6/30/13: $642,485

D. The amount of fees collected and the interest earned:

Fees Collected: $209,629

Interest Earned: $602

E. An identification of each public improvement on which fees were expended and the

amount of the expenditures on each improvement, including the total percentage of the

cost of the public improvement that was funded with fees.

i. Building Improvements: $0.

ii. Reimburse general fund for the collection of fees: $0

iii. Consultant for School Facility Needs Analysis: $2,455.

F. An identification of an approximate date by which the construction of the public

improvement will commence if the local agency determines that sufficient funds have

been collected to complete financing on an incomplete public improvement, as identified

Resolution No. 019-1314 Exhibit A

Page 2

in paragraph (2) subdivision (a) section 66001, and the public improvement remains

incomplete:

• The $642,485 ending balance will be used during Fiscal Year 2013-2014 for

various facilities projects associated with growth. Technical adjustments to

move funds between resources will be done.

G. A description of each interfund transfer or loan made from the account or fund, including

the public improvement on which the transferred or loaned fees will be expended, and, in

the case of an interfund loan, the date on which the loan will be repaid and the rate of

interest that the account or fund will receive on the loan:

No loans from Fund 25, Resource 9831 were made.

H. The amount of refunds made pursuant to subdivision (e) of section 66001 and any

allocations pursuant to subdivision (f) of section 66001.

N/A. No refunds or allocations were made pursuant to subdivision (e) or (f)

of section 66001.


RESOLUTION NO. 019-1314 - EXHIBIT B

TO RESOLUTION REGARDING

ACCOUNTING OF DEVELOPMENT FEES

FOR FISCAL YEAR 2012-2013

FOR THE FOLLOWING FUND OR ACCOUNT:


Per Government Code section 66001(d)(1)-(4) as indicated:

A. With respect to only that portion of the Fund remaining unexpended at the end of the

2013-2014 Fiscal Year, the purpose of the fees is to finance the construction or

reconstruction of school facilities necessary to reduce overcrowding caused by the

development on which the fees were levied, which facilities are more specifically

identified as follows:

• Various facilities projects.

B. See section 3(D) of the Resolution.

C. With respect to only that portion of the Fund remaining unexpended at the end of the

2013-2014 Fiscal Year, the sources and amounts of funding anticipated to complete

financing in any incomplete improvements identified in paragraph (A) above are as

follows:

• Various facilities projects.

D. With respect to only that portion of the Fund remaining unexpended at the end of the

2013-2014 Fiscal Year, the following are the approximate dates on which the funding

referred to in paragraph (C) above is expected to be deposited into the appropriate

account or fund:

N/A. Projects will be funded directly from Fund 25, Resource 9831.

PUBLIC NOTICE


AVAILABILITY OF DEVELOPER FEE BALANCE SHEET

Legislative statute requires that local public agencies provide a public report of the receipt

and use of all developer fees each fiscal year. This posting is a public notice that the developer fee

report for the New Haven Unified School District is now available by contacting the office of the

Chief Business Officer, New Haven Unified School District, 34200 Alvarado Niles Road, Union

City, CA 94587-4402, telephone (510) 471-1100.

Any interested parties can obtain a copy of the resolution regarding accounting of

developer fees by contacting the above.

Government Code Section 66006 requires that the annual accounting of the Developer Fees

be reviewed by the Board at its next regularly scheduled board meeting held no earlier than 15

days after the information is made available to the public. This information is being made

available to the public on Friday, November 22, 2013. It will be reviewed by the Board of

Education of the New Haven Unified School District at its meeting scheduled for Tuesday,

December 10, 2013.

Date: November 22, 2013 By:

Akur Varadarajan

Interim Co-Superintendent/

Chief Business Officer

DECLARATION OF POSTING

I, Madhu Pratap, do hereby declare:

That on the 22nd

day of November, 2013 and on 25th

day of November, 2013, on

behalf of the Board of Education of the New Haven Unified School District of Alameda

County, State of California, I posted a Public Notice regarding the Accounting of

Developer Fee in each of three (3) public places in the New Haven Unified School

District of Alameda County, State of California.

• One on the bulletin board outside the main door of the New Haven

Unified School District, Educational Services Center, 34200 Alvarado

Niles Road, Union City, California;

• One delivered to the City of Union City Offices to be posted on the

bulletin board at the Union City Hall, 34009 Alvarado Niles Road,

Union City, California on November 25, 2013; and

• One delivered to the Union City Library to be posted on the bulletin

board at the Union City Public Library, 34007 Alvarado Niles Road,

Union City, California.

I declare under penalty of perjury that the foregoing is true and correct. Executed on

November 25, 2012 at Union City, California.

Madhu Pratap

H:\FACILITIES\DEVELOPER FEES\Developer Fee - PUBLIC NOTICE-2013.docx



Subject: Department: Resolution No. 020-1314, Sikh Awareness Month Essential #7

Superintendent

Action Requested: The Board is asked to adopt Resolution No. 020-1314 proclaiming November 2013 as Sikh Awareness Month.

Discussion: In recognition of the significant contributions of the Sikh community to the families and employees of New Haven Unified, the District wishes to acknowledge Sikh Americans.

Financial Summary:



NEW HAVEN UNIFIED SCHOOL DISTRICT Resolution No. 020-1314

Sikh Awareness Month

WHEREAS, diversity is celebrated as one of the greatest strengths of the New Haven Unified School District; and WHEREAS, our District is home to a significant segment of one of the largest confirmed populations of Sikh and Punjabi Americans in the nation; and WHEREAS, the Gurdwara serving New Haven’s Sikh community is the second largest in the United States; and WHEREAS, members of New Haven’s Sikh community provide help to the homeless and needy people around the world, especially during disasters; and WHEREAS, Sikh Americans not only in the New Haven community but throughout California and the nation make outstanding contributions to our society, furthering mutual understanding and respect among all peoples; NOW, THEREFORE, BE IT RESOLVED, that the New Haven Unified School District Board of Education proclaims November 2013 as Sikh Awareness Month in the District; acknowledges the significant contribution made by the Sikh community, not only in our District but throughout California; and by adoption of this resolution seeks to afford all New Haven residents the opportunity to better understand, recognize, and appreciate the rich history of Sikh Americans and the tenets of their faith. PASSED AND ADOPTED this 10th day of December 2013, by the following roll call vote:

AYES: NOES: ABSENT: ABSTAIN:

_________________________________ Arlando Smith, Interim Co-Superintendent New Haven Unified School District, County of Alameda, State of California

____________________________________ Akur Varadarajan, Interim Co-Superintendent New Haven Unified School District, County of Alameda, State of California


Board Agenda Item



Revised Board Policy #B-3550, Food Service/Child Nutrition

Program, First Reading, Essential #6

Business Services

Action Requested:

The Board of Education is requested to approve revisions to Board Policy #B-3550, Food Service/Child

Nutrition Program, at First Reading.

Discussion:

Based on legislative changes and sample policies developed by the California School Boards Association,

the attached Board Policy is presented for the Board’s consideration.

Recommendation is made that the Board of Education approves Revised Board Policy #B3550, Food

Service/Child Nutrition Program, at First Reading.

Financial Summary:

Prepared By: Angelia Nava Department Approval: Akur Varadarajan


H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\BAI BP#3550 Revised.docx

NEW HAVEN UNIFIED SCHOOL DISTRICT Board Policy #B-3550

BUSINESS

Page 1 of 4

FOOD SERVICE/CHILD NUTRITION PROGRAM

Concepts and Purposes

The Governing Board recognizes that students require nourishing food in order to grow, learn

and maintain good health. The Board desires to provide students with space and time to eat

meals. To reinforce the district’s nutrition education program, foods available on school

premises shall:

1. Be carefully selected so as to contribute to student’s nutritional well-being and the

prevention of disease.

2. Meet nutritional standards specified in law and administrative regulation.

3. Be prepared in ways that will appeal to students, retain nutritive quality and foster

lifelong eating habits.

4. Be served in age appropriate quantities.

5. Be available to students who meet federal eligibility criteria at no cost or at reduced

prices, and to other students at reasonable prices.

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 3553 - Free and Reduced Price Meals)

The Superintendent or designee shall develop strategies designed to encourage the

participation of students and parents/guardians the selection of foods of food nutritional

quality when selecting any foods to be brought by students for lunch or which they may

donate for occasional class parties.

The Board desires to provide students with adequate time and space to eat meals. To

the extent possible, school, recess, and transportation schedules shall be designed to

encourage participation in school meal programs.

The Superintendent or designee shall periodically review the adequacy of school

facilities for cafeteria eating and food preparation.

(cf. 3517- Facilities Inspection)

(cf. 7110 - Facilities Master Plan)

In accordance with law, the Superintendent or designee shall develop and maintain a

food safety program in order to reduce the risk of foodborne hazards at each step of the

food preparation process, from receiving to service.

(cf. 3555 - Nutrition Program Compliance)

The Superintendent or designee shall annually report to the Board on student

participation in the district's nutrition programs and the extent to which the district's

food services program meets state and federal nutrition standards for foods and

beverages.


BUSINESS

Page 2 of 4

School cafeterias shall comply with the sanitation and safety requirements of the California

Uniform Retail food Facilities Law as set forth in Health and Safety Code 113700–114455.

Coordination

All administration of the food services program will be coordinated under the direction of the

Superintendent or designee. Accounting, auditing, payroll, personnel, purchasing, and menu

planning functions to support the Food & Nutrition Services Department shall be centralized.

Wellness Advisory Committee

Superintendent or designee shall establish a Wellness Advisory Committee to advise school

district policies on nutrition and physical activity for recommendation to and approval by the

Board. (Education Code 49433)

Use of Food Service Facilities

Pursuant to the provisions of Education Code 39872, the following persons and groups are

permitted to dine at district food service facilities:

1. District employees

2. Members of staff of the State Department of Education and the Office of the County

Superintendent of Schools.

3. Members of parent-teacher organizations.

4.Guests of district employees.

Legal Reference:

California Education Code

38083-38103 Cafeterias - establishment and use

49436 Pupil Nutrition, Health Education Achievement Act of 2001

45103.5 Contracts for management consulting services; restrictions

49494 School breakfast and lunch programs

49500-49505 School meals

49510-49520 Nutrition

49530-49536 Child Nutrition Act of 1974

49540-49546 Child care food program

49547-49548.3 Comprehensive nutrition services

49462 Meals for needy students

49570 National School Lunch Act


BUSINESS

Page 3 of 4

51795-51797 School gardens

Health and Safety Code

113700-114455 California Uniform Retail Food Facilities Law

Code of Regulations, Title 5

15530-15535 Nutrition education

15550-15565 School lunch and breakfast programs

UNITED STATES CODE, TITLE 42

1751-1769j National School Lunch Program, including:

1758b Local wellness policy

1761 Summer Food Service Program and Seamless Summer Feeding Option

1769a Fresh Fruit and Vegetable Program

1771-1793 Child nutrition, especially:

1772 Special Milk Program

1773 National School Breakfast Program

Code of Federal Regulations, Title 7

210.1-210.31 National School Lunch Program

215.1-215.18 Special Milk Program

220.1-220.21 National School Breakfast Program

245.1-245.13 Eligibility for free and reduced-price meals and free milk

Management Resources:

CSBA PUBLICATIONS

Building Healthy Communities: A School Leader's Guide to Collaboration and Community

Engagement, 2009

Nutrition Standards for Schools: Implications for Student Wellness, Policy Brief, rev.

October 2007

Monitoring for Success: Student Wellness Policy Implementation Monitoring Report and

Guide, 2007

Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, rev. April

2006

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

School Meals Initiative Summary

Healthy Children Ready to Learn, January 2005

CALIFORNIA PROJECT LEAN PUBLICATIONS

Policy in Action: A Guide to Implementing Your Local School Wellness Policy, October

2006

U.S. DEPARTMENT OF AGRICULTURE PUBLICATIONS

School Breakfast Toolkit

Fresh Fruit and Vegetable Program: Handbook for Schools, December 2010

Food Buying Guide for Child Nutrition Programs, December 2007

Civil Rights Compliance and Enforcement - Nutrition Programs and Activities, FNS

Instruction 113-1, November 2005

Guidance for School Food Authorities: Developing a School Food Safety Program Based on

the Process Approach to HACCP Principles, June 2005


BUSINESS

Page 4 of 4

Dietary Guidelines for Americans, 2005

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Nutrition Services Division:

http://www.cde.ca.gov/ls/nu

California Department of Public Health: http://www.cdph.ca.gov

California Farm Bureau Federation: http://www.cfbf.com

California Food Policy Advocates: http://www.cfpa.net

California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Project LEAN (Leaders Encouraging Activity and Nutrition):

http://www.californiaprojectlean.org

California School Nutrition Association: http://www.calsna.org

Centers for Disease Control and Prevention: http://www.cdc.gov

National Alliance for Nutrition and Activity:

http://www.cspinet.org/nutritionpolicy/nana.html

U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov/fns

First Reading

February 3, 1981

February 9, 1993

November 19, 1996

June 06, 2006

December 10, 2013

Second Reading

April 7, 1981

February 23, 1993

December 10, 1996

November 30, 1992

November 4, 1996

June 20, 2006

H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\3550 BP FoodService.doc


Board Agenda Item



New Board Policy #B-3551, Food Service Operations/Cafeteria

Fund, First Reading, Essential #6

Business Services

Action Requested:

The Board of Education is requested to approve new Board Policy #B-3551, Food Service Operations/

Cafeteria Fund, at First Reading.

Discussion:



Recommendation is made that the Board of Education approves New Board Policy #B-3551, Food Service

Operations/Cafeteria Fund, at First Reading

Financial Summary:



H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\BAI BP#3551 New.docx


BUSINESS

Page 1 of 3

Food Service Operations/Cafeteria Fund

The Governing Board intends that, insofar as possible, school food services shall be a

self-supporting, nonprofit program. To increase cost effectiveness, the Superintendent

or designee shall centralize and direct the purchasing of foods and supplies, the

planning of menus, and the auditing of all food service accounts for the district.

(cf. 3100 - Budget)

(cf. 3300 - Expenditures and Purchases)

(cf. 3311 - Bids)

(cf. 3550 - Food Service/Child Nutrition Program)

(cf. 3552 - Summer Meal Program)

The Superintendent or designee shall ensure that all food services administrators and

personnel possess appropriate qualifications and receive ongoing professional

development related to the effective management and implementation of the district's

food services program.

Meal Sales

Meals may be sold to students, district employees, Board members, and employees or

members of the fund or association maintaining the cafeteria. (Education Code 38082)

In addition, meals may be sold to other individuals and organizations that are on

campus during meal times for a legitimate purpose, such as classroom volunteers,

parents/guardians, or students' siblings.

The Superintendent or designee shall recommend meal prices, based on the costs of

providing food services and consistent with Education Code 38084 and 42 USC 1760,

for students and nonstudents for approval by the Board. Students who are enrolled in

the free or reduced-price meal programs shall receive meals free of charge or at a

reduced price in accordance with law, Board policy, and administrative regulation.


Any meals served to nonstudents shall not be subsidized by federal or state

reimbursements, food service revenues, or U.S. Department of Agriculture foods.

Cafeteria Fund

The Superintendent or designee shall establish a cafeteria fund independent of the

district's general fund.

The Superintendent or designee shall ensure that state and federal funds provided

through school meal programs are allocated only for purposes related to the operation

or improvement of food services and reasonable and necessary indirect program costs


BUSINESS

Page 2 of 3

as allowed by law. Program financial reports shall be presented regularly to the Board.

(cf. 3400 - Management of District Assets/Accounts)

(cf. 3460 - Financial Reports and Accountability)

Contracts with Outside Services

With Board approval, the district may enter into a contract for food service consulting

services or food service management services in one or more district schools.

(Education Code 45103.5; 42 USC 1758; 7 CFR 210.16)

(cf. 3312 - Contracts)

(cf. 3600 - Consultants)

Legal Reference:

EDUCATION CODE

38080-38086 Cafeteria, establishment and use

38090-38095 Cafeterias, funds and accounts

38100-38103 Cafeterias, allocation of charges

42646 Alternate payroll procedure

45103.5 Contracts for management consulting services; restrictions

49490-49493 School breakfast and lunch programs


49554 Contract for services

HEALTH AND SAFETY CODE

113700-114437 California Retail Food Code


1751-1769j School lunch programs

1771-1791 Child nutrition, including:

1773 School breakfast program

CODE OF FEDERAL REGULATIONS, TITLE 2

255 Cost Principles for State, Local, and Indian Tribal Governments




250.1-250.70 USDA foods


CALIFORNIA DEPARTMENT OF EDUCATION MANAGEMENT BULLETINS

USDA-FDP-02-2010 Storage and Inventory Management of United States Department of

Agriculture (USDA) Donated Foods, August 2010

USDA-SNP-01-2008 Clarification for the Use of Alternate Meals in the National School

Lunch and School Breakfast Programs; and the Handling of Unpaid Meal Charges, February

2008

00-111 Adult and Sibling Meals in the National School Lunch and School Breakfast


BUSINESS

Page 3 of 3

Programs, July 2000


California School Accounting Manual

Food Distribution Program Administrative Manual

U.S. DEPARTMENT OF EDUCATION GUIDANCE

FAQs About School Meals

WEB SITES




U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov/cnd

First Reading

December 10, 2013

Second Reading

H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\3551 BP New.docx


Board Agenda Item



New Board Policy #B-3552, Summer Meal Program, First

Reading, Essential #6

Business Services

Action Requested:

The Board of Education is requested to approve new Board Policy #B-3552, Summer Meal Program, at First

Reading.

Discussion:



Recommendation is made that the Board of Education approves New Board Policy #B-3552, Summer Meal

Program, at First Reading.

Financial Summary:





BUSINESS

Page 1 of 3

Summer Meal Program

The Governing Board recognizes that child nutrition programs have a positive and

direct impact upon children's well-being and achievement. To help students and other

children in the community remain well nourished throughout the summer vacation, the

district shall sponsor a summer meal program (Seamless Summer Feeding Option

(SSFO) or Summer Food Service Program (SFSP)) as approved by the California

Department of Education (CDE).



(cf. 5030 - Student Wellness)

The district may apply to the CDE to provide meals to children during any extended

break in a year-round school schedule. (42 USC 1761; 7 CFR 225.2, 225.6, 225.14)

Between October and April, or at any time or school on a year-round schedule, the

district may serve meals at a nonschool site in cases of unanticipated school closures,

such as a natural disaster, unscheduled major building repair, court order related to

school safety or other issues, labor-management dispute, or similar cause as approved

by the CDE. (42 USC 1761; 7 CFR 225.6)

The Superintendent or designee shall recommend to the Board one or more sites for

meal services based on state and federal program criteria and an assessment of family

and community needs. When feasible, the Superintendent or designee shall involve

local governmental agencies, food banks, and/or community organizations in

identifying suitable site locations. The site(s) shall be approved by the CDE before meal

service is initiated.

The summer meal program may be offered in conjunction with educational enrichment

or recreational activities in order to encourage participation in other wellness and

learning opportunities.

(cf. 1020 - Youth Services)

(cf. 5148 - Child Care and Development)

(cf. 6142.7 - Physical Education and Activity)

(cf. 6177 - Summer School)

The Superintendent or designee shall develop and coordinate outreach and promotional

activities to inform parents/guardians and the community about the availability of the

summer meal program and its location(s) and hours.

(cf. 1100 - Communication with the Public)

(cf. 1112 - Media Relations)


BUSINESS

Page 2 of 3

The Superintendent or designee shall maintain accurate records of all meals served and

shall ensure the timely submission of reimbursement claims in accordance with state

procedures.


The Superintendent or designee shall regularly report to the Board regarding program

implementation, number of participants at each site, feedback from participating

children and their parents/guardians regarding menus and service, and program costs.

As needed, the Board shall direct the Superintendent or designee to identify program

modifications to increase program quality or children's access to meal services.


Legal References:

EDUCATION CODE

49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001




49530-49536 Child Nutrition Act

49547-49548.3 Comprehensive nutrition services

49550-49562 Meals for needy students

49570 National School Lunch Act

CODE OF REGULATIONS, TITLE 5

15510 Mandatory meals for needy students

15550-15565 School lunch and breakfast programs


1751-1769i School lunch programs, including:

1758b Local wellness policy

1761 Summer Food Service Program and Seamless Summer Feeding Option






225.1-225.20 Summer Food Service Program


CSBA PUBLICATIONS

Providing Access to Nutritious Meals During Summer, Policy Brief, June 2010


Guide, 2007


2006


BUSINESS

Page 3 of 3


USDA-SFSP-06-2008 Summer Food Service Program Outreach Requirement Clarification,

October 2008


The Summer Food Service Program: Food That's In When School is Out, 2010, Nutrition

Guidance for Sponsors, rev. March 2010

The Summer Food Service Program: Food That's In When School is Out, 2010 Site

Supervisor's Guide, rev. January 2010

The Summer Food Service Program: Food That's In When School is Out, 2010 Monitor's

Guide, rev. January 2010

U.S. DEPARTMENT OF AGRICULTURE PUBLICATIONS (continued)

The Summer Food Service Program: Food That's In When School is Out, 2010

Administrative Guidance for Sponsors, rev. December 2009

National School Lunch Program's Seamless Summer Option Questions and Answers, 2009

WEB SITES


California Center for Research on Women and Families, Summer Meal Program Coalition:

http://www.ccrwf.org

California Department of Education, Nutrition: http://www.cde.ca.gov/ls/nu

California Food Policy Advocates: http://www.cfpa.net


Child Nutrition Information and Payment System: https://www.cnips.ca.gov

U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov

First Reading

December 10, 2013

Second Reading



Board Agenda Item



Revised Board Policy #B-3553, Free and Reduced Price Meals,

First Reading, Essential #6

Business Services

Action Requested:

The Board of Education is requested to approve revisions to Board Policy #B-3553, Free and Reduced Price

Meals, at First Reading.

Discussion:



Recommendation is made that the Board of Education approves Revised Board Policy #B-3553, Free and

Reduced Price Meals, at First Reading.

Financial Summary:



H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\BAI BP#3553 Revise.docx


BUSINESS

Page 1 of 4

FREE AND REDUCED PRICE MEALS

The governing board recognizes that adequate nutrition is essential to child development and

learning and that some families may be unable to provide breakfast and lunch for their

children. In accordance with law, the district shall provide nutritionally adequate free and

reduced price meals for students whose families meet federal eligibility criteria.

The Governing Board recognizes that adequate nutrition is essential to the

development, health, and learning of all students. The Superintendent or designee shall

facilitate and encourage the participation of students from low-income families in the

district's food service program.




(cf. 5148 - Child Care and Development)

(cf. 6177 - Summer School)

The district shall provide at least one nutritionally adequate meal each school day, free

of charge or at a reduced price, for students whose families meet federal eligibility

criteria. (Education Code 49550, 49552)

The Superintendent or designee shall ensure that meals provided through the free and

reduced-price meals program meet applicable state and/or federal nutritional

standards in accordance with law, Board policy, and administrative regulation.


Schools participating in the Special Milk Program pursuant to 42 USC 1772 shall

provide milk at no charge to students who meet federal eligibility criteria for free or

reduced-price meals.

The Superintendent or designee shall recommend for Board approval a plan that ensures

students eligible to receive free or reduced price meals and milk are not treated differently

from other students or easily identified by their peers. Upon approval of the Board, this plan

shall be submitted to the California Department of Education for approval (Education Code

49557).

(cf. 0410 - Nondiscrimination in District Programs and Activities)


(cf. 5145.3 - Nondiscrimination/Harassment)

Confidentiality/Release of Records

All applications and records related to eligibility for the free or reduced price meal program

shall be confidential except as provided by law. (Education Code 49558) (Nutrition

Services Management Bulletin 98-101 dated February 1998.


BUSINESS

Page 2 of 4

In accordance with law, the Superintendent or designee may authorize to the use of

individual student records for eligibility in free and reduced price meal programs for the

purpose of:

1. Disaggregation of academic achievement data.

2. Identification of students eligible for school choice and supplemental educational services

in any school identified for program improvement.

If a student transfers from the district to another district or to a private school, the

Superintendent or designee may release the student's eligibility status or a copy of

his/her free and reduced-price meal application to the other district or school to assist

in the continuation of the student's meal benefits.

The Board authorizes designated employees to use individual records pertaining to

student eligibility for the free and reduced-price meals program for the purposes of:

(Education Code 49558)

1. Disaggregation of academic achievement data

2. In any school identified as a Title I program improvement school pursuant to 20

USC 6316, identification of students eligible for school choice and supplemental

educational services

(cf. 5125 - Student Records)

(cf. 6162.51 - Standardized Testing and Reporting Program)

(cf. 6171 - Title I Programs)

The Board further authorizes the release of information on the school lunch program

application to the local agency that determines Medi-Cal program eligibility, provided

that the student is approved for free meals and the parent/guardian consents to the

sharing of information in accordance with Education Code 49557.2.

In addition, information on the school lunch program application may be released to

the local agency that determines eligibility for participation in the CalFresh program or

other nutrition assistance program, provided the student whose information is to be

released is approved for free or reduced-price meals and his/her parent/guardian

consents to the sharing of the information. Prior to releasing information to any such

local agency, the Superintendent or designee and the local agency shall enter into a

memorandum of understanding that, at a minimum, shall include the roles and

responsibilities of the district and the local agency, the process for sharing the

information, and a statement that the local agency may use the information only for

purposes directly related to the enrollment of families in the CalFresh or other

nutrition assistance program. (Education Code 49557.3, 49558)


BUSINESS

Page 3 of 4

Legal Reference:

California Education Code

48980 Notice at beginning of term

49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001




49530-49536 Child Nutrition Act of 1974

49547-49548.3 Comprehensive nutrition service

49550-49556 Meals for needy students

49557. Free or reduced priced meals

49558. Records

Code of Regulations, Title 5

15510 Mandatory meals for needy students

15530- 15535 Nutrition education

15550- 15565 School lunch and breakfast programs

United States Code. Title 20

1232g Federal Educational Rights and Privacy Act

6301-6514 Title I Programs


1751-1769j School lunch program






245.1-245.13 Determination of eligibility for free and reduced-price meals and free milk


CSBA PUBLICATIONS


Guide, 2007


2006


USDA-SNP-07-2010 Change in Free and Reduced-Price Meal Application Approval

Process, September 2010

NSD-SNP-12-2010 Clarification Regarding the Ability to Share Student Meal Program

Eligibility Information Between School Food Authorities, April 2010

04-103 Implementation of Final Rule on Verification of Applications for Free and Reduced-

Price Meals, August 2004

98-101 Confidentiality of Free and Reduced-Price Eligibility Information, February 1998


BUSINESS

Page 4 of 4


Feed More Kids, Improve Program Participation

Direct Certification Implementation Checklist, May 2008


Eligibility Manual for School Meals: Federal Policy for Determining and Verifying

Eligibility, January 2008

Provision 2 Guidance: National School Lunch and School Breakfast Programs, Summer 2002

WEB SITES




California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Project LEAN (Leaders Encouraging Activity and Nutrition):

http://www.californiaprojectlean.org

U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov/cnd

First Reading

February 3, 1981

February 9, 1993

June 6, 2006

December 10, 2013

Second Reading

April 7, 1981

November 30, 1992

June 20, 2006

H:\BOARD AGENDA ITEMS\2013-14\6.0 DEC 10 2013\3553 BP FreeReducedMeals.docx


Board Agenda Item



New Board Policy #B-3555, Nutrition Program Compliance, First

Reading, Essential #6

Business Services

Action Requested:

The Board of Education is requested to approve new Board Policy #B-3555, Nutrition Program Compliance,

at First Reading.

Discussion:



Recommendation is made that the Board of Education approves New Board Policy #B-3555, Nutrition

Program Compliance, at First Reading.

Financial Summary:





BUSINESS

Page 1 of 4

Nutrition Program Compliance

The Governing Board recognizes the district's responsibility to comply with state and

federal nondiscrimination laws as they apply to the district's nutrition programs. The

district shall not deny any individual the benefits or service of any nutrition program or

discriminate against him/her because of his/her race, color, national origin, gender, sex,

sexual orientation, disability, or any other basis prohibited by law, in its

implementation of such a program.

(cf. 0410 - Nondiscrimination in District Programs and Activities)





Compliance Officer

The Board designates the compliance officer specified in AR 1312.3 - Uniform

Complaint Procedures as coordinator of the district's efforts to comply with the laws

governing its nutrition programs and to investigate any related complaints. Any

complaint concerning the district's nutrition programs shall be investigated using the

process identified in the section entitled "Procedures" in the district's AR 1312.3 -

Uniform Complaint Procedures.

(cf. 1312.3 - Uniform Complaint Procedures)

The Superintendent/designee shall provide training on the laws, regulations,

procedures, and directives related to the district's nutrition programs to district

employees involved in administering them. The Superintendent/designee also shall

develop procedures and systems that do not restrict the participation of individuals in

the district's nutrition programs, based on their race, ethnicity, or disability, and that

prevent district employees from incorrectly denying the applications for participation

submitted by such individuals.

The Superintendent/designee shall develop and maintain a system for collecting racial

and ethnic data of participants in the district's nutrition programs and shall, at least

annually, report to the Board on whether the district's nutrition programs are

effectively reaching eligible individuals and whether and where additional outreach

may be needed.

(cf. 5022 - Students and Family Privacy Rights)

(cf. 5125 - Student Records)

When a significant number of participants or potential participants in the district's

nutrition programs are only non-English speakers, the Superintendent/designee shall

make an appropriate language translation available.


BUSINESS

Page 2 of 4

(cf. 5020 - Parent Rights and Responsibilities)

(cf. 6020 - Parent Involvement)

(cf. 6174 - English Language Learners)

The Superintendent/designee also shall ensure that the district's nutrition programs

accommodate the special dietary needs of any individual with a disability who has on

file a medical statement that restricts his/her diet because of his/her disability.

(cf. 6159 - Individualized Education Program)

(cf. 6164.6 - Identification and Education Under Section 504)

Notifications

The Superintendent/designee shall ensure that the U.S. Department of Agriculture's

"And Justice for All" or other approved Nutrition Programs Civil Rights posters are

displayed in areas visible to the district's nutrition program participants, such as food

service areas and school offices.

Annually, the Superintendent/designee shall notify all students, parents/guardians, and

employees of program requirements and the procedures for filing a complaint, through

the district's usual means of notification.

(cf. 5145.6 - Parental Notifications)

In addition, the Superintendent/designee shall ensure that every informational release,

publication, or poster concerning the district's nutrition programs and/or activities

includes, in a prominent location, the following statement:

"In accordance with federal law and U.S. Department of Agriculture policy, this

institution is prohibited from discriminating on the basis of race, color, national origin,

sex, age, religion, political beliefs, or disability. In addition, California law prohibits

discrimination on any basis identified in Government Code 12940.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400

Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272

(voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and

employer."

However, if the document is no more than one page and there is no room to print the

full nondiscrimination statement, the district may instead use the statement "This

institution is an equal opportunity provider" in the same print size as the rest of the

text.

When a complaint is unresolved at the district level, the Superintendent/designee shall

notify the complainant of the option to contact and/or forward his/her complaint to one

of the following agencies:


BUSINESS

Page 3 of 4

1. Child Nutrition Program Civil Rights and Program Complaint

Superintendent/designee, California Department of Education, Nutrition Services

Division, 1430 N Street, Room 1500, Sacramento, CA 95814-2342 or call 916-445-

0850 or 800-952-5609

2. Office of Civil Rights, USDA, Western Region, 90 Seventh Street, Suite 10-100, San

Francisco, CA 94103 or call 415-705-1336 or fax 415-705-1364 or email

[email protected]

3. USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW,

Washington, D.C. 20250-9410 or call 800-795-3272 or 202-720-6382 (TYY)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

48985 Notices to parents in language other than English

49060-49079 Student records

49490-49590 Child nutrition programs

PENAL CODE

422.55 Definition of hate crime

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 5

3080 Application of section

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs


1400-1482 Individuals with Disabilities in Education Act

1681-1688 Discrimination based on sex or blindness, Title IX


794 Section 504 of the Rehabilitation Act of 1973


2000d-2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended

2000h-2000h-6 Title IX

12101-12213 Americans with Disabilities Act


35.101-35.190 Americans with Disabilities Act

36.303 Auxiliary aids and services


100.1-100.13 Nondiscrimination in federal programs, effectuating Title VI

104.1-104.39 Section 504 of the Rehabilitation Act of 1973


BUSINESS

Page 4 of 4

106.1-106.61 Discrimination on the basis of sex, effectuating Title IX, especially:

106.9 Dissemination of policy


CALIFORNIA DEPARTMENT OF EDUCATION, NUTRITION SERVICES DIVISION

PUBLICATIONS

Civil Rights and Complaint Procedures for Child Nutrition Programs, March 2010

U.S. DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE

PUBLICATIONS

Civil Rights Compliance and Enforcement - Nutrition Programs and Activities, FNS

Instruction 113-1, November 2005

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Protecting Students from Harassment and Hate Crime, January 1999

Notice of Non-Discrimination, January 1999

WEB SITES



U.S. Department of Agriculture, Food and Nutrition Services: http://www.fns.usda.gov

U.S. Department of Agriculture, Office for Civil Rights: http://www.ascr.usda.gov

U.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/ocr

First Reading

December 10, 2013

Second Reading





Internship Agreement With Brandman University For Positions of School Psychology, Education Administration, School Counseling – Essential #6

Personnel

Action Requested: The Board is requested to approve the internship agreement with Brandman University for position of School Psychology, Education Administration and School Counseling.

Discussion: The Board is asked to approve the contract with Brandman University for the positions of School Psychology, Education Administration and School Counseling. A copy of the contract is attached for your review.


Prepared By: Derek McNamara Department Approval: Derek McNamara





Memorandum of Understanding With University of San Francisco For The Provision of Student Teaching and Counseling Experience – Essential #6

Personnel

Action Requested: The Board is requested to approve the Memorandum of Understanding with University of San Francisco for the provision of student teaching and counseling experience in the New Haven Unified School District.

Discussion: The Board is requested to approve the Memorandum of Understanding with University of San Francisco for the provision of student teaching and counseling experience in the New Haven Unified School District for the 2013-2014 school year. A copy of the MOU is attached.

Financial Summary:

Prepared By: Derek McNamara Department Approval: Derek McNamara


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