corcoran unified school district regular...
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CORCORAN UNIFIED SCHOOL DISTRICT REGULAR BOARD MEETING
January 12, 2016 6:00 P.M.
CALLTO ORDER
Robert Alcorn, President of the Board, called the regular meeting of the Corcoran Unified School District Board of Trustees to order at 6:00 p.m. in the Board Room of the Administration Office. TRUSTEES PRESENT/ABSENT Trustees present were Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth and Robert Alcorn. OTHERS PRESENT Others present were Rich Merlo, Pamela Dihel, Steve Berry, Dave Whitmore, Antonia Stone, Lora Cartwright, Mike Anderson, Mary Taylor, Keith Airheart, Elizabeth Mendoza, Marty Raeber, Jeannine Robinson, Pearl Prins, Ian McDonald, Susan Calhoun, Arnoldo Villanueva, Fabian Nuñez and family, Mya Gallegos and family, Enaliesse Burnias and family, Carlos Perez, Bradley Cooper, Jaqui Condoll, Demario Ortega, Marc Navarro, Juan Hidalgo, Norman Mana, Isaac Butler, Victor Avila, Joe Jimenez, Alexi Ramos, Miguel Solorio, Zackery Cardenas, Julia Avila, Jeanette Todd and Donnetta Murray PLEDGE OF ALLEGIANCE President Alcorn welcomed those present and led in the flag salute. APPROVAL OF AGENDA The Board voted to approve the agenda for the Regular Board Meeting of January 12, 2016. Motion: Karen Frey Second: Bobby Toney
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
CUSD STARS PRESENTATION Superintendent Rich Merlo introduced and presented certificates to the Second Quarter CUSD Student Stars: Fabian Nuñez, Bret Harte Elementary School; Mya Gallegos, John C. Fremont Elementary School; Enaliesse Burnias, Mark Twain; Carlos Perez; John Muir Middle School; and Arnoldo Villanueva, Corcoran High School. Jessica Franco, Kings Lake Education Center, was unable to attend. CONSENT AGENDA ITEMS The Board voted to approve the following consent agenda items:
1. Approved the minutes of the Regular Board Meeting of December 8, 2015 2. Approved the minutes of the Organizational Board Meeting of December 8, 2015 3. Signed the minutes of the Regular Board Meeting of November 24, 2015 4. Purchase Order Numbers 160854 - 160961 5. Warrant register for December 4, 2015 for $690,527.16 December 11, 2015 for $489,013.54 December 18, 2015 for $182,447.85 6. Contract with Troxell for School Asset Manager License Fee and One-Time Setup Fee for
$7,128.00 7. Williams Uniform Complaints Quarterly Reports for First and Second Quarters (July-Sept./Oct.-
Dec.) 8. Staff Development
a. For District staff Lisa Coleman, Candace Rea-Rodrigues, Angela Schalde, John Arriola, Jari Stokes, Valerie Montejano, Dave Whitmore, Sarah Howard, Brett Miller, Gonzalo Solis, Roberta Andrada, Mandi Powell, Dory Pearce, Mel Parker, Joan Tumaque, Leanne
Shellhamer, Patricia Jacobsma, Lora Cartwright, Elizabeth Mendoza and J.J. Albert to the CUE Conference to be held Wednesday through Saturday, March 16-19, 2016 in Palm Springs. Requested use of three vans and other expenses to be paid by Educator Effectiveness Funds.
b. For Superintendent Rich Merlo to the Apple Leadership and Learning Event to be held Monday and Tuesday, February 22 and 23, 2016 in Riverside, to be paid by Apple Computer.
c. For Superintendent Rich Merlo to the ACSA Superintendents’ Symposium to be held Wednesday to Friday, January 27-29, 2016 in Monterey, to be paid by Staff Development funds.
d. For High School staff Alisa Gomez, Isaias Ramirez and Belinda Duran to the Health, Science and Medical Technology Industry Sector Summit to be held Tuesday, January 19, 2016 in Visalia, to be paid by Perkins funds and KCOE (for Belinda Duran).
e. For High School staff Antonia Stone, Evelyn Albert, Tiffany Vera and Crystal Salinas to the Tulare County Literacy Symposium to be held Friday, March 4, 2016 in a Tulare County location TBA, to be paid by Site funds.
f. For High School staff Antonia Stone, Evelyn Albert and Tiffany Vera to the Long Term English Learners Workshop to be held Monday, June 13, 2016 in Visalia, to be paid by Site funds.
9. Student Trips a. A trip for 24 High School Academic Decathlon Team members, Advisor Mike Pankratz and
two staff members to the Kings County Academic Decathlon to be held Saturdays January 30 and February 6, 2016 in Lemoore. Requested use of three vans and other expenses to be paid by Site funds.
b. A trip for 16 High School Poetry Club members and advisors Crystal Salinas and Angelica Ceja to the Writers Workshop and Christine Poreba Poetry Reading to be held Friday, February 26, 2016 at California State University-Fresno. Requested use of two vans and other expenses to be paid by Poetry Club.
Motion: Karen Frey Second: Mary Wadsworth Roll Call Vote: AYES: Karen Frey, Bobby Toney, Mary Wadsworth, Robert Alcorn ABSTAIN: Patty Robertson
HIGH SCHOOL REPORT Corcoran High School ASB representative Julia Avila informed the Board that ASB has set a goal this year to raise school spirit and they are doing a really good job of it. It was evident at a recent rally for the wrestling and basketball teams. ASB is bringing back the Panther News. It became defunct spring semester of last year. Advisor Kellen DeVaney suggested ASB take over the project and the group agreed. They will begin filming and the news will be sent out by email to all first period teachers. Other events are the Pennies for Patients fundraiser for Leukemia. It will be a class competition amongst the intervention classes. SUPERINTENDENT’S REPORT New District Office Employee: Mr. Merlo asked CBO Pamela Dihel introduce Jeannine Robinson to the Board. Jeannine is the District’s new Account Clerk/Assets Analyst. The Board welcomed her to the District. Principal’s Summit: Mr. Merlo advised the Board that the Principal Summits will be taking place soon. It is a time where principals spend a dedicated amount of time to share how their schools are progressing. It provides a benchmark on how the schools are doing. He added that it has become a professional learning community amongst the administrators so they can learn from one another and see how their goals are coming along. Coach Doug White: Mr. Merlo noted that Girls Basketball Coach Doug White is nearing becoming the Valley’s girls’ basketball coach with the most wins. There will be a rally and presentation after he attains that honor. They will be contacting former players and inviting them to be part of the celebration. Mr. Merlo added that the District is really proud of him.
Education Elements Proposal: Mr. Merlo advised the Board that Education Elements is the company that provided fellowship for Personalized Learning. They are working with other districts in the nation and helped the District’s leadership team know what personalized learning is all about. They assisted the District administrators at the conference in New Jersey. The proposal is for the company to provide their expertise in what personalized learning should be in Corcoran and help to make it systemic in the classrooms. The cost will be about $36,000. Mr. Merlo did not want the fellowship to be in limbo, but to take it to the next level. He added that the District is ready now for the next step. BOARD OF TRUSTEE REPORTS Trustee Bobby Toney reported that he had attended the choir concert and that the students were raising money. He questioned why they were raising funds. CHS Principal Antonia Stone stated she believed it was for a field trip. Trustee Karen Frey said that the KCSBA President’s Dinner will be held either March 7 or 14. The group has not yet confirmed where it is going to be held. CFA REPORT CSEA REPORT INTERDISTRICT APPROVED FOR LEBER The Board voted to approve an interdistrict agreement for David Leber III, second grade, to attend Martin Luther King School in Hanford Elementary School District through June 30, 2016. Motion: Karen Frey Second: Patty Robertson
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
FIRST HEARING OF BP 6152.1 – PLACEMENT IN MATHEMATICS COURSES The Board held the first hearing of Board Policy 6152.1 – Placement in Mathematics Courses. FREY CHOSEN AS KCSBA REP Mary Wadsworth nominated Karen Frey and the Board voted to approve appointing Mrs. Frey as a representative to the Kings County School Board Association. Motion: Mary Wadsworth Second: Robert Alcorn
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
RESOLUTION NO. 1174 – INFORMAL BIDDING PROCEDURES The Board voted to approve Resolution No. 1174 – Informal Bidding Procedures. Motion: Mary Wadsworth Second: Karen Frey
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
RESOLUTION NO. 1175 – KINGS COUNTY FINANCE STATEMENT The Board voted to approve Resolution No. 1175 – Kings County Director of Finance’s Statement of Investment Policy and Delegating Investment Authority to the Kings County Director of Finance. Motion: Bobby Toney Second: Mary Wadsworth
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
RESOLUTION NO. 1176 – EDUCATON PROTECTION ACCOUNT The Board voted to approve Resolution No. 1176 – 2015-2016 Education Protection Account. Motion: Karen Frey Second: Bobby Toney
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
PERSONNEL ASSIGNMENT ORDER 2015-16 #10
The Board voted to approve Personnel Assignment Order 2015-16 #10. Motion: Mary Wadsworth Second: Patty Robertson
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
ADDED TIME FOR SIGN LANGUAGE INTERPRETER’S HOURS
The Board voted to approve ratification of the Recommendation of the District Superintendent Concerning Addition of Particular Kinds of Service: Increase one (1) 0.72 FTE to 0.75 FTE, 6 hours/180 days, Sign Language Interpreter. Motion: Karen Frey Second: Bobby Toney
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
MEETINGS
1. Technology Sub-Committee Meeting on Thursday, January 21, 2016 at 3:30 p.m. in the Tech Building
2. Regular Board Meeting on Tuesday, January 26, 2016 at 6 p.m. in the Board Room 3. Curriculum Sub-Committee Meeting on Thursday, January 28, 2016 at 3:30 p.m. in the Board
Room 4. Regular Board Meeting on Tuesday, February 9, 2016 at 6 p.m. in the Board Room
THE BOARD ADJOURNED FOR CLOSED SESSION at 6:41 p.m. CLOSED SESSION Mr. Alcorn returned the Board meeting to open session at 7:28 p.m. He announced out that: EXPULSIONS
1. The Board voted to approve the expulsion of EH 2015-16/04 for the remainder of the Fall 2015 and Spring 2016 semesters and then suspend the expulsion with placement at Corcoran Academy. Counseling is recommended. A rehabilitation plan was set with provisional readmission date of August 1, 2016.
2. The Board voted to approve the expulsion of EH 2015-16/05 for the remainder of the Fall 2015 and Spring 2016 semesters with placement at Kings Community School in Hanford. Transportation to and from school is the parent’s responsibility. Counseling is recommended. A rehabilitation plan was set with provisional readmission date of August 1, 2016.
Motion: Karen Frey Second: Bobby Toney Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
ADJOURNMENT WAS AT 7:29 p.m. Motion: Mary Wadsworth Second: Bobby Toney
Roll Call Vote: AYES: Karen Frey, Patty Robertson, Bobby Toney, Mary Wadsworth, Robert Alcorn
CORCORAN UNIFIED SCHOOL DISTRICT UPDATED JANUARY, 2016
PAGE 1
District Foundational Philosophy
Non negotiables:
Respect for everyone at all times
Every Corcoran student can and should learn See students as they could be; not as they are Leadership is about influence, not titles Student achievement is more than our occupation; it is a moral obligation Principle and Policy over Patronizing and Privilege Students should never be left out of the equation
Every student deserves an advocate
People are supportive and appreciative when they are part of the process
School BoardMission & VisionBoard Adopted Mission Vision, Philosophy and Goals for 2015-2016
Vision:Become a Destination District where people are drawn to Corcoran due to the quality, reputation
and accomplishments of our schools students.
BOARD PRIORITIES:
1. Continue improvement of an effective instructional program for all students.
2. Maintain a safe and secure environment for students and staff with high expectations for appropriate student behavior/discipline.
3. Ensure financial stability while supporting all District operations and providing a
balance between revenues and expenditures.4. Provide comprehensive opportunities for overall student development in character, citizenship, vocations, student activities, and athletics.
5. Maintain a competent and well-trained staff in all areas of District operations.
Mission: We are relentless in creating an environment for
all to improve mind, character and body.
CORCORAN UNIFIED SCHOOL DISTRICT UPDATED JANUARY, 2016
PAGE 2
A DESTINATION DISTRICT IS . . .
• Where students perform at a high academic achievement level; where there is daily access to the best and most modern tools and learning resources including a variety of relevant course offerings; where students produce high quality academic work, passing rigorous, challenging courses; where all students are prepared for success beyond high school with effective critical thinking skills and a majority of students are fully prepared for four year colleges.
• Where facilities are secure, safe, well kept, well maintained and aesthetically pleasing; where there is state of the art technology, continued progress in modernization, prompt repair and maintenance with a focus on safe, clean and attractive facilities.
• Where there is a safe, planned, positive atmosphere due to friendly, cooperative, inviting and responsive staff; where there are motivated and engaged students and staff carrying a sense of pride and belonging; a sense of ownership in our programs along with a personal and collective responsibility for the achievement, welfare and conduct of everyone.
• Where the quality of character, of personal integrity and standards of excellence are modeled, taught and emphasized; where service for students, parents and community are the focus, and building capacity for personal vision and mission is part of the daily culture and expectation.
• Where high standards and expectations are the norm inside and outside the classroom; where there is wide practice in the use of innovative, powerful strategies and 21st Century learning tools; where there is a sense of urgency in meeting the needs of students who may fall behind with the perspective there are possibilities and opportunities to succeed beyond the limitations and challenges facing students today.
"Look at a man the way that he is, he only becomes worse. But look at him as if he were what he could be, and
then he becomes what he should be."GOETHE
BOARD/SUPERINTENDENT GOALS 2016
“There are countless ways of attaining greatness, but any road to reaching one's maximum potential
must be built on a bedrock of respect for the individual, a
commitment to excellence, and a rejection of mediocrity.”
Buck Rodgers
Academic Growth Safety Parent Communication
SBAC 10% Facility Improvements 20% Parentlink Communications
Reading @ Grade Level or One Year’s Growth
Attendance 97% 20% Participation in School Events, Trainings
Grad Rate 92% Decrease Suspensions 10%
CUSD Vision
Become a
Destination D
istrict
where
people a
re draw
n to Corc
oran due t
o the
quality,
reputat
ion an
d accom
plishments
of our sc
hools.
We are relentless in creating an
environment for all to improve mind,
character and body.
#1. Raise Student Achievement for All Students
#2. 21st Century Learning Skill Mastery for
All Students
#3. Ensure Safe Environment
Good First Teaching (Direct Instruction, Kagan Structures) & Project Based Learning
PBIS (Positive Behavioral Intervention & Supports)
Collaborative Improvement (PLC’s, Instructional Rounds) Facility Master Plan
RTI (Response to Intervention), Data Driven Improvement, Growth Mindset
College/Career Ready/Extracurricular/Athletics/
students
Competitive Attitude Respect EnthusiasmResponsibilityC A R E R
We constantly strive to be better rising above mediocrity and aiming toward excellence.
. . . is everything! Life is 10% what happens to us and 90% how we react to it.
We respect everyone at all times regardless of anyone else’s behavior or attitude.
We take responsibility for student learning so students end up being responsible for their own.
. . . is a force multiplier to our work and student learning. Cynicism & Apathy have no place in schools.
CUSD Mission
Quality
TeamworkT
. . . leverages our talents and efforts far beyond what any of us can do in isolation.
INSTRUCTION BP 6152.1 Placement in Mathematics Courses
Page 1 of 2
Policy proposed: January 26, 2016 CORCORAN UNIFIED SCHOOL DISTRICT
The Governing Board believes that a sound educational program must include the study of subjects that prepare students for admission to higher education and/or a fulfilling career. To the extent possible, district students shall be provided an opportunity to complete a sequence of mathematics courses recommended for admission into the University of California and California State University systems.
(cf. 6141.5 - Advanced Placement) (cf. 6142.92 - Mathematics Instruction) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements)
The Superintendent or designee shall work with district teachers, counselors, and administrators and the representatives of feeder schools to develop consistent protocols for placing students in mathematics courses offered at district high schools. Such placement protocols shall systematically take into consideration multiple objective academic measures that may include, but are not limited to, interim and summative assessments, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards.
(cf. 5121 - Grades/Evaluation of Student Achievement) (cf. 6162.5 - Student Assessment) (cf. 6162.51 - State Academic Achievement Tests)
Students shall be enrolled in mathematics courses based on the placement protocols. No student shall repeat a mathematics course which he/she has successfully completed based on the district's placement protocols.
When a student does not qualify to be enrolled in a higher level mathematics course based on a consideration of the objective measures specified in the placement protocols, he/she may nevertheless be admitted to the course based on the recommendation of a teacher or counselor who has personal knowledge of the student's academic ability.
The placement protocols shall specify a time within the first month of the school year when students shall be reevaluated to ensure that they are appropriately placed in mathematics courses and shall specify the criteria the district will use to make this determination. Any student found to be misplaced shall be promptly placed in the appropriate mathematics course.
Within 10 school days of an initial placement decision or a placement decision upon reevaluation, a student and his/her parent/guardian who disagree with the placement of the student may appeal the decision to the Superintendent or designee. The Superintendent or designee shall decide whether or not to overrule the placement determination within 10 school days of receiving the appeal. The decision of the Superintendent or designee shall be final.
(cf. 5123 - Promotion/Acceleration/Retention)
District staff shall implement the placement protocols uniformly and without regard to students' race, sex, gender, nationality, ethnicity, socioeconomic background, or other subjective or discriminatory consideration in making placement decisions.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
The Superintendent or designee shall ensure that all teachers, counselors, and other district staff responsible for determining students' placement in mathematics courses receive training on the placement protocols.
(cf. 4131 - Staff Development)
INSTRUCTION BP 6152.1 Placement in Mathematics Courses
Page 2 of 2
Policy proposed: January 26, 2016 CORCORAN UNIFIED SCHOOL DISTRICT
Prior to the beginning of each school year, the Superintendent or designee shall communicate the district's commitment to providing students with the opportunity to complete mathematics courses recommended for college admission, including approved placement protocols and the appeal process, to parents/guardians, students, teachers, school counselors, and administrators.
This policy and the district's mathematics placement protocols shall be posted on the district's web site. (Education Code 51224.7)
(cf. 1113 - District and School Web Sites)
Annually, the Board and the Superintendent or designee shall review student data related to placement and advancement in the mathematics courses offered at district high schools to ensure that students who are qualified to progress in mathematics courses based on their performance on objective academic measures are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The Board and Superintendent shall also consider appropriate recommendations for removing any identified barriers to students' access to mathematics courses.
(cf. 0500 - Accountability)
Legal Reference:
EDUCATION CODE 200-262.4 Prohibition of discrimination 48070.5 Promotion and retention; required policy 51220 Areas of study, grades 7-12 51224.5 Completion of Algebra I or Mathematics I 51224.7 California Mathematics Placement Act of 2015 51225.3 High school graduation requirements 51284 Financial literacy 60605 State-adopted content and performance standards in core curricular areas 60605.8 Common Core standards Management Resources: CSBA PUBLICATIONS Math Misplacement, Governance Brief, September 2015 Governing to the Core, Governance Briefs CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 California Common Core State Standards: Mathematics, January 2013 COMMON CORE STATE STANDARDS INITIATIVE PUBLICATIONS Appendix A: Designing High School Mathematics Courses Based on the Common Core State Standards LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA (LCCR) Held Back - Addressing Misplacement of 9th Grade Students in Bay Area School Math Classes WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Common Core State Standards Initiative: http://www.corestandards.org/math Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCR): http://www.lccr.com
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account or any other known or suspected breach of security. Customer
shall cooperate with EdElements with respect to: (a) investigation by
EdElements of any suspected or alleged violation of this MSA and (b)
any action by EdElements to enforce this MSA. EdElements may
suspend or terminate any Authorized User’s access to the Subscription
Services upon notice to Customer in the event that EdElements
reasonably determines that such Authorized User has violated this
MSA. Customer shall be liable for any violation of this MSA by any
Authorized User.
6.4 Communications and Internet Services. Customer
acknowledges and agrees (i) that the use of the Subscription Services
by Customer is dependent upon access to communications and Internet
services, and (ii) that EdElements has neither responsibility for nor
control of the communication lines used to access the Subscription
Services since such lines are provided by a third party and that the
security of transmissions to and from the Subscription Services is not
the responsibility of EdElements. Customer shall be solely responsible
for acquiring and maintaining all telecommunications and Internet
services and other hardware and software required to access and use the
Subscription Services, including, without limitation, any and all costs,
fees, expenses, and taxes of any kind related to the foregoing.
6.5 Feedback. Customer may, at its option, provide EdElements
with any Feedback relating to the Subscription Services.
7 Term And Termination.
7.1 Term and termination of the MSA. This MSA may be
terminated for convenience by either party upon 90 days prior written
notice to the other, except that it shall remain in effect past such
termination for the remaining term of any Service Order already in
effect at the time of the notice.
7.2 Term of a Service Order. The initial term of a Service Order
shall start on its Subscription Start Date, as indicated in such Service
Order, and ends on the last day of its Subscription Duration. A Service
Order shall automatically renew for subsequent terms equal to twelve
(12)-months, unless either party notifies the other in writing of its intent
not to renew at least 90 days prior to the expiration of the then current
term.
7.3 Termination for breach. Either party may immediately
terminate this MSA and all Service Orders for material breach of this
Master Services Agreement (“MSA”)
(Rev.032515) Educational Elements, Inc. Confidential Page 3 of 5
MSA by the other party if such breach is not cured within 30 days after
written notice thereof. Either party may immediately terminate a
Service Order for material breach by the other party of the specific
terms of such Service Order if such breach is not cured within 30 days
after written notice thereof.
7.4 Termination for insolvency. Either party may terminate this
MSA upon written notice if the other party (i) is unable to pay its debts
when due, (ii) makes any assignment or composition for the benefit of
creditors, (iii) has appointed or suffers the appointment of a receiver or
trustee for its business, property or assets, (iv) files or has filed against
it any petition under the bankruptcy or insolvency laws of any
jurisdiction, or (v) is adjudicated bankrupt or insolvent..
7.5 Rights and Obligations upon Termination. The obligations of
EdElements and Customer in Sections 2.2, 7.5, and 8-13 shall survive
termination or expiration of this MSA. Termination of this MSA shall
not limit either party from pursuing any other remedies available to it,
nor shall termination relieve Customer to pay EdElements for all
Services performed and expenses incurred up through the termination
date. Upon termination, all rights granted to Customer hereunder shall
immediately terminate and each party shall return and make no further
use of equipment, property, materials and other items (and all copies
thereof) belonging to the other party. If requested by Customer no later
than thirty (30) days after termination or expiration, EdElements shall
return to Customer or destroy any Customer Data in its possession.
Customer shall return all EdElements property to EdElements within
ten (10) days. Any expense incurred by EdElements in returning or
disposing of Customer Data or incurred by Customer to return
EdElements property to EdElements shall be borne by Customer.
8 Payment of Fees and Expenses. During the term of this MSA,
Customer shall pay EdElements the fees set forth in the applicable
Service Order. Launch, Setup, Professional Services and other non-
recurring fees shall be invoiced when such Services are requested, or as
outlined in the Service Order. Recurring fees for the first year of the
initial Subscription Duration of a valid Service Order shall be invoiced
upon execution or as outlined in the Service Order. Subsequent
recurring fees shall be invoiced 30 days prior to the start of the
following annual period. All payments to EdElements shall be due net
30 days from date of invoice. Non-payment or late payment of
undisputed fees is a material breach of this MSA. If past due more than
30 days and notified of past due status, Customer shall pay interest on
the overdue balance at the rate of 1.5% per month or the maximum
permitted by law, whichever is less, plus all expenses of collection. All
taxes and other governmental charges (except for income taxes), if any,
imposed on Customer payments hereunder shall be deemed to be in
addition to the fees charged, and borne solely by Customer. In the
event of a conflict in terms between this Section 8 and an applicable
Service Order, the applicable terms of such Service Order shall prevail.
9 Proprietary Rights.
9.1 EdElements. EdElements and/or its licensors own and retain all
right, title and interest in and to (i) the Services (including all software
components of the Platform, the Content and any associated
documentation), (ii) any improvements or modifications to the Services
and related materials, that EdElements, or personnel working for or
through EdElements, may make, conceive or develop, alone or jointly
with others, in the course of performing the Services or as a result of
such Services, and (iii) any Feedback provided by Customer, including,
in each case, all Intellectual Property Rights therein or relating thereto.
Customer hereby assigns to EdElements all of its right, title, and
interest in the Feedback, including all Intellectual Property Rights
therein or relating thereto, and, at EDELEMENTS’ request and
expense, Customer will execute documents and take such further acts
as EdElements may reasonably request to assist EdElements to acquire,
perfect and maintain such Intellectual Property Rights in the Feedback.
The parties agree that, except as expressly stated herein, this MSA does
not grant Customer any rights or licenses in respect of the Services.
Any Work Product is licensed to the Customer for a duration limited by
dates on the Service Order; if there is no Services end-date on the
Service Order, the term shall be limited to 12 months from the effective
date of the Service Order. A license to continued use of these materials
will extend to the new term date when the related Service Order is
renewed in accordance with Section 7.2. This license does not permit
rebranding or distribution of Work Products beyond the licensee.
Notwithstanding the above, any copyrights falling under 34 CFR §
80.34 are not exclusive EdElements' copyrights.
9.2 Customer. EdElements acknowledges that Customer owns all
right, title and interest in and to the Customer Data. Notwithstanding
anything to the contrary herein, Customer hereby grants EdElements
the non-exclusive right to analyze the Customer Data on an aggregate
basis and share with third parties the results of such analysis, for
internal purposes only.
10 Confidentiality.
10.1 Confidential Information. By virtue of this MSA, the parties
may have access to information that is confidential to one another
(“Confidential Information”). For purposes of this MSA, “Confidential
Information” of a party means information, ideas, materials or other
subject matter of such party, whether disclosed orally, in writing or
otherwise, that is provided under circumstances reasonably indicating
that it is confidential or proprietary. Confidential Information includes,
without limitation, the terms and conditions of this MSA; all business
plans, technical information or data, product ideas, methodologies,
calculation algorithms and analytical routines; and all personnel,
customer (including Customer Data, subject to Section 9.2), contracts
and financial information or materials disclosed or otherwise provided
by such party (“Disclosing Party”) to the other party (“Receiving
Party”). Confidential Information does not include that which (a) is
already in the Receiving Party’s possession at the time of disclosure to
the Receiving Party, (b) is or becomes part of public knowledge other
than as a result of any action or inaction of the Receiving Party in
violation of this MSA, (c) is obtained by the Receiving Party from an
unrelated third party without a duty of confidentiality, or (d) is
independently developed by the Receiving Party.
10.2 FERPA. EdElements will access, use, restrict, safeguard and
dispose of all information related to this MSA in accordance with the
Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. §
1232g; 34 CFR Part 99). The Customer acknowledges that
EdElements is considered a “school official” for purposes of providing
services under this MSA.
10.3 Restrictions on Use. The Receiving Party shall not use
Confidential Information of the Disclosing Party for any purpose other
than in furtherance of this MSA and the activities described herein.
The Receiving Party shall not disclose Confidential Information of the
Disclosing Party to any third parties except as otherwise permitted
hereunder. The Receiving Party may disclose Confidential Information
of the Disclosing Party only to those employees, subcontractors or
agents who have a need to know such Confidential Information and
who are bound to retain the confidentiality thereof under provisions
(including, without limitation, provisions relating to nonuse and
nondisclosure) no less restrictive than those required by the Receiving
Party for its own Confidential Information. The Receiving Party shall
maintain Confidential Information of the Disclosing Party with at least
the same degree of care it uses to protect its own proprietary
information of a similar nature or sensitivity, but no less than
Master Services Agreement (“MSA”)
(Rev.032515) Educational Elements, Inc. Confidential Page 4 of 5
reasonable care under the circumstances. Each party shall advise the
other party in writing of any misappropriation or misuse of
Confidential Information of the other party of which the notifying party
becomes aware.
10.4 Exclusions. Notwithstanding the foregoing, this MSA shall not
prevent the Receiving Party from disclosing Confidential Information
of the Disclosing Party to the extent required by a judicial order or
other legal obligation, provided that, in such event, the Receiving Party
shall promptly notify the Disclosing Party to allow intervention (and
shall cooperate with the Disclosing Party) to contest or minimize the
scope of the disclosure (including application for a protective order).
Further, each party may disclose the terms and conditions of this MSA:
(a) as required by the applicable securities laws, including, without
limitation, requirements to file a copy of this MSA (redacted to the
extent reasonably permitted by applicable law) or to disclose
information regarding the provisions hereof or performance hereunder
to applicable regulatory authorities; (b) in confidence, to legal counsel;
(c) in confidence, to accountants, banks, and financing sources and
their advisors; and (d) in connection with the enforcement of this
Agreement or any rights hereunder.
11 Warranties.
11.1 Subscription Services. EdElements warrants that the quality of
the Subscription Services shall be consistent with generally accepted
industry standards and practices. Upon receipt of written notice from
Customer describing a breach of the foregoing warranty in reasonable
detail, EdElements shall, at EDELEMENTS’ expense, re-perform the
Services described, as Customer’s sole remedy and EDELEMENTS’
sole liability. The foregoing warranty does not cover the results or
consequences of any accident, abuse, neglect, improper testing,
vandalism, acts of God, or any use of the Subscription Services
contrary to the terms of this Agreement or applicable specifications or
instructions.
11.2 Professional Services. EdElements hereby represents and
warrants to Customer that the Services will be performed in a
professional and workmanlike manner. In the event of a breach of the
warranty set forth in this Section 11.2, EdElements agrees, as
EDELEMENTS’ sole and exclusive obligations and Customer’s sole
and exclusive remedy, to re-perform the Services. If the Company is
unable to re-perform the deficient Services, Customer shall be entitled
to recover the fees paid to EdElements for the deficient Services.
11.3 Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET
FORTH IN THIS MSA, EDELEMENTS MAKES NO
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH
RESPECT TO THE SERVICE, INCLUDING, WITHOUT
LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, EDELEMENTS DOES NOT
PROVIDE ANY WARRANTIES WITH RESPECT TO ANY THIRD
PARTY CONTENT, AND DOES NOT WARRANT THAT THE
PLATFORM IS COMPATIBLE WITH ANY THIRD PARTY
CONTENT OR SOFTWARE.
12 Limitation Of Liability. EXCEPT FOR BREACH OF
CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOST
SAVINGS, LOSS OF USE OF THE SOFTWARE AND SERVICES
OR ANY COMPONENT OR SUBPART THEREOF, BUSINESS
INTERRUPTION, OR COST OF SUBSTITUTED FACILITIES,
EQUIPMENT OR SERVICES, OR OTHER ECONOMIC LOSS
ARISING OUT OF BREACH BY THE OTHER PARTY OF ANY OF
ITS REPRESENTATIONS, WARRANTIES OR AGREEMENTS
CONTAINED IN THIS AGREEMENT, WHETHER OR NOT SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS
BASED ON THEORIES OF CONTRACT, NEGLIGENCE OR TORT
(INCLUDING STRICT LIABILITY). NOTWITHSTANDING ANY
OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT
SHALL EDELEMENTS’ AGGREGATE LIABILITY TO
CUSTOMER, REGARDLESS OF THE FORM OF CLAIM OR
ACTION, EXCEED AN AMOUNT EQUAL TO THE TOTAL
AMOUNT OF FEES PAID BY CUSTOMER UNDER THIS
AGREEMENT IN THE TWELVE (12)-MONTH PERIOD
PRECEDING THE CLAIM.
13 General.
13.1 Relationship between the Parties. This Agreement shall not be
construed as creating an agency, partnership, joint venture or any other
form of association, for tax purposes or otherwise, between the parties,
and the parties shall at all times be and remain independent contractors.
Except as expressly agreed by the parties in writing, neither party shall
have any right or authority, express or implied, to assume or create any
obligation of any kind, or to make any representation or warranty, on
behalf of the other party or to bind the other party in any respect
whatsoever.
13.2 Force Majeure. Neither party shall be liable hereunder by
reason of any failure or delay in the performance of its obligations
hereunder (except for the payment of money) on account of strikes,
shortages, riots, insurrection, fires, flood, storm, explosions, acts of
God, war, governmental action, labor conditions, earthquakes, material
shortages, or any other cause beyond the reasonable control of such
party.
13.3 Waiver. The waiver by either party of any default or breach of
this Agreement shall not constitute a waiver of any other or subsequent
default or breach. Except for actions for nonpayment or breach of
EDELEMENTS’ proprietary rights in the Services, no action,
regardless of form, arising out of this Agreement may be brought by
either party more than one year after the cause of action has accrued.
13.4 Notices. All notices, including notices of address change,
required to be sent hereunder shall be in writing and shall be deemed to
have been given upon the date sent by confirmed facsimile or three (3)
days following the date such notice was mailed by first class mail, to
the addresses first set forth below. To expedite order processing,
Customer agrees that EdElements may treat documents faxed by
Customer to EdElements as original documents; nevertheless, either
party may require the other to exchange original signed documents.
13.5 Marketing Activities. The parties agree to the following
marketing activities:
(i) EdElements may use Customer’s name or logos in
customer lists on collateral, web sites or media
communications.
(ii) EdElements may issue a press release following the
execution of this Agreement.
(iii) Customer agrees to participate in case studies and
provide quotes for use in marketing materials. EdElements
agrees to obtain customer approvals before public release,
and consent should not be unreasonably withheld.
13.6 Sub-Contractors. EdElements reserves the right to sub-contract
all or any of its obligations under this Agreement, provided such action
shall not relieve EdElements of its obligations hereunder.
Master Services Agreement (“MSA”)
(Rev.032515) Educational Elements, Inc. Confidential Page 5 of 5
13.7 Assignment. EdElements may freely assign this Agreement.
No right or obligation of Customer under this Agreement may be
assigned, delegated or otherwise transferred, whether by agreement,
operation of law or otherwise, without the express prior written consent
of EdElements, and any attempt to assign, delegate or otherwise
transfer any of Customer’s rights or obligations hereunder, without
such consent, shall be void.
13.8 Successors. This Agreement shall inure to the benefit of the
successors and assigns of EdElements and, subject to the restrictions on
transfer or assignment herein set forth, shall be binding upon Customer
and Customer’s successors and assigns.
13.9 Governing Law. This Agreement and all matters arising out of
or relating to this Agreement shall be governed by the laws of the State
of California, excluding its conflict of law provisions.
13.10 Jurisdiction. Any legal action or proceeding relating to this
Agreement shall be instituted in a federal court in the Northern District
of California or in state court in the County of San Francisco,
California. EdElements and Customer irrevocably agree to submit to
the jurisdiction of, and agree that venue is proper in, these courts in any
such legal action or proceeding. The prevailing party shall be entitled to
reasonable attorney fees and expenses.
13.11 Entire Agreement. This Agreement together with the exhibits,
appendices and attachments hereto constitutes the final and complete
agreement between the parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous agreements, understandings,
representations, warranties, promises and other communications,
whether oral or written, concerning the subject matter of this
Agreement. This Agreement may not be modified or amended except in
a writing signed by a duly authorized representative of each party, no
other act, document, usage or custom shall be deemed to amend or
modify this Agreement.
13.12 Severability. In the event any provision of this Agreement is
held to be invalid or unenforceable, the remaining provisions of this
Agreement will remain in full force and effect.
13.13 Construction. The section and paragraph headings used in this
Agreement are inserted for convenience only and shall not affect the
meaning or interpretation of this Agreement.
13.14 Counterparts. This Agreement may be executed in several
counterparts, all of which shall constitute one agreement
* * *
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS MSA
EFFECTIVE AS OF _____________________________.
__________________________ (“Customer”)
By:
Name:
Title:
Date:
Address:
Address:
Address:
EDUCATIONAL ELEMENTS, INC.
By:
Name:
Title:
Date:
Address:
Address:
Address:
(Rev. 4/2013) Education Elements, Inc. Confidential 1 of 2
Education Elements, Inc.
999 Skyway Road, Suite 325
San Carlos, CA 94070
www.educationelements.com
12/15/15 Account Executive: Ben PolitzerCORCORAN-2015-01 Please direct questions to: Ben Politzer
Type: New Customer Cell: 650-814-5444(650) 440-7860 Email: [email protected]
Customer Information
Corcoran Joint Unified Billing Contact/Name:
Rich Merlo, Superintendent Billing Address:
559-992-8888 Billing Phone:[email protected] Billing Email:
Invoices will be delivered via email.
Subscription Terms Services Terms
NA Signing DateNA 5/31/16NA
For Education Elements use:
03-2015 Notes:Number of Users (if applicable):
Offering
One-time Fees (Non-Recurring): Including Professional Services
Net Fees
PL Summit
$0
$0
Total One-Time Fees: $28,000
TOTAL INITIAL FEES: $28,000
$28,000
Summit/1
Customer Phone:
MSA Date:
Effective Date:Services End Date:
Subscription Duration:
PO Number (if applicable):
Effective Date (signing date):Subscription Start Date:
Customer Email:
Customer Contact: 1520 Patterson Avenue Corcoran, CA [email protected]
Service Order
Pricing Valid to:Service Order #:
Organization Name: Rich Merlo
Readiness/1
Service Name
Readiness Assessment
Service Dates
February 2016
February 2016 - March 2016
May 2016
Service Description
Foundations/1 Generate Shared Understanding - 1/2 day in-person
(Rev. 4/2013) Education Elements, Inc. Confidential 2 of 2
General Terms
Special Terms
Payment Schedule
Amount Invoice Date Payment Due Date
$ 28,000.00 Upon full execution of this agreement.*
Upon full execution of this agreement.
$ 28,000.00
Signature
The authorized representatives have executed this Service Order by their signatures below:
Customer: Education Elements, Inc.
Signature: Signature:
Print Name: Print Name:
Print Title: Print Title:
Date: Date:
Total Initial Fee:
Payment Schedule
2. Unless another Subscription Start Date is specified above, the Subscription Start Date shall be 30 days after the Effective Date of this Service Order.3. By signing this Service Order, you are offering to subscribe and/or acquire (as applicable) the applications and/or services listed above. Your offer becomes a binding commitment upon acceptance by Education Elements, and is not subject to the issuance of any further purchase orders, confirmations or other events. The MSA and this Service Order represent the entire agreement between the parties and cannot be overridden by terms contained in any later received document unless the additional terms are accepted in writing by Customer and Education Elements. Without limiting the generality of the foregoing, no condition of your order, to which notice of objection is hereby given, or in any future correspondence between us shall alter or supplement the terms of the MSA or this Service Order, unless in writing executed by both parties. Neither Education Elements' performance nor delivery shall be construed as an acceptance of Customer's additional or different terms.4. This Service Order may be executed in counterparts and may be exchanged by facsimile or electronically. Each such counterpart shall be deemed an original, all of which together shall constitute one and the same instrument.
5. The terms of this Service Order are confidential and subject to the MSA.
1. The "Special Terms" set forth herein shall override the General Terms above to the extent of any express inconsistency.
Payment 1
1. This Service Order and all services provided hereunder are subject to the terms and conditions set forth in that certain Master Services Agreement ("MSA") by and between Education Elements and Customer.
EXHIBIT A – Professional Services Education Elements and
Corcoran Joint Unified School District
Education Elements will work with Corcoran Joint Unified School District to conduct an assessment of readiness for a personalized learning implementation, and expand the leadership’s foundational knowledge of personalized and blended learning. It is crucial to define what success “looks like” for your personalized learning initiative and to develop supports that align to this vision. Therefore the roadmap and sessions outlined below are a foundation for our work together, which are supplemented with frequent touchpoints to pause and reflect, discuss whether or not the initiative is meeting your goals, and identify effective strategies to ensure success. Over the course of the next 46 months we will work together to support Corcoran Joint Unified's work and the development of a coherent strategy for personalized learning. During this phase of work we will:
1. Deepen understanding of personalized learning across the district and school leadership. 2. Conduct readiness assessments for first wave of five schools that will design and implement
personalized learning instructional models. 3. Provide recommendations for a districtwide multiyear personalized learning plan.
Phases of Work & Touchpoints Education Elements has worked with more than 200 schools and has developed a process for implementing sustainable change. Our district and school level work follows this foundational process. Phase Goals
Generate Excitement & Shared Understanding
Expose district and school leadership teams to personalized learning in action and build foundational knowledge of blended and personalized learning across school and district teams.
Assess Readiness Conduct Readiness Assessment across (5) schools
Plan and Align Continue to refine district vision for personalized learning Create detailed rollout and project plan recommendations
Education Elements’ Description of Key Touchpoints & Outcomes January 2016 May 2016 District Leadership Team Touchpoints
District Kickoff Meeting (Winter 2016) The project kickoff meeting is an opportunity to align around district priorities and goals for personalized learning. This will also be an opportunity to think about the purpose of the Foundations Workshop and the lead up and follow up supports for district and school teams.
Foundations: PL Simulation (1/2 day Winter 2016)
The Foundations Workshop is designed to help district and school leadership understand the components of personalized learning, as well as generate excitement as the district builds toward personalized learning . The workshop will include a blended learning simulation for all participants. It will also provide opportunities for the team to learn more about the essential elements of personalized learning, as well as examples of what it looks like in schools across the country. At the Foundations Academy school teams will receive resources and materials and suggested approaches for sharing these resources with their teachers during schoollead PD. This session is designed for up to 35 participants.
Readiness Assessment: PowerPoint Readout & Strategy Session (2 days Winter 2016)
Education Elements will execute inperson interviews and walkthroughs with 5 school’s leaders and staff. Education Elements will partner with the District Leadership Team to communicate readiness assessment purpose and plans. Outcomes of the assessments will include:
District Readiness Assessment Readout: The readiness report will include analysis on schools’ readiness to launch personalized learning, including trends in strengths and areas for growth using Education Elements’ PL Implementation Framework. Each summary includes recommendations for priority areas of development prior to launching personalized learning.
RollOut Strategy Recommendations: Based on school readiness, Education Elements will recommend a launch schedule and subsequent action steps for both from the district and schools to support a successful launch.
PL Summit: Continued District Professional Development (2 days May 1920, 2016,
San Francisco) Each spring Education Elements hosts a national PL Summit for personalized learning leaders from around the country. The PL Summit is an opportunity, learn from personalized learning experts in the field, and share and develop effective practices for designing, launching, scaling, and supporting personalized learning. As an Education Elements client you receive free registration for five members of your school and district leadership teams. This year the PL Summit is scheduled to be held in San Francisco, CA May 1920, 2016.
School PL Leadership Team Touchpoints Readiness Assessments
Education Elements will execute inperson readiness assessment for 5 schools. Readiness Assessments involve a series of interviews and classroom walkthroughs with school leaders and staff identified as potential leaders for shifting to personalized learning.
Education Elements Confidential Page 1
Readiness Assessment Readout: The readiness report will include analysis on schools’ readiness to launch personalized learning, including trends in strengths and areas for growth using Education Elements’ PL Implementation Framework. Each summary includes recommendations for priority areas of development prior to launching personalized learning.
Virtual Meetings
Program Management: Ongoing support calls Education Elements will host regular biweekly hourlong support calls with the district project lead to review current successes and challenges with the personalized learning initiative, offer resources, share national best practices, and serve as a thought partner. We will also use these calls to prepare for our deep touchpoints (district strategy sessions, school leadership, etc).
Optional District Strategy & Alignment Session
Plan & Align: District Strategy Session (2 days Winter 2016) Education Elements will execute a 2 day workshop with the District Leadership Team to summarize key initiatives, align priorities, develop a district vision and roadmap, and detail district expectations and measures of success for the personalized learning. Outcomes will include:
Summary of district needs and goals for PL: the summary will be used to create the project roadmap and district vision
PL project roadmap + rollout plan update: the roadmap will define, at a highlevel, the timeline and key milestones for design, implementation, and support for the project. The rollout plan will articulate which schools are launching PL and when.
District initiative map: the continuation of the initiative map will articulate all current initiatives in the district and how they fit together with the focus of and goals for personalized learning
Overall vision for PL initiative: this continued vision work will define the purpose of and key elements for the districtwide personalized learning program; identify the scope of the program, including which schools and grades will be involved; and outline current commitments to online and offline curriculum providers.
District Expectations for PL: based on the identified district needs, goals, and measures of success, Education Elements will provide a synthesized description of district expectations for a potential rollout expectations that may be used in an implementation process or in the development of appropriate walkthrough tools, and teachers and student surveys.
Services Cost for District Support
Total fees including travel for EE = $28,000
Optional District Strategy Session = $8,000
Education Elements Confidential Page 2
PERSONNEL ASSIGNMENT ORDER 2015-2016 #11
January 26, 2016 Credentialed Positions
New Hires Position/Grade Credential Held Effective Date Jennifer Krahn Spec Ed/HS Ed Spec Inst. Credential 01/11/16 Melissa Orique Social Sci/HS Preliminary SS Social Sci 01/11/16 Transfers/Re-Assignments From To Effective Date Resignation/Retire Position Effective Date In-Active Status Position Effective Date
Classified Positions New Hires Position/Months Site Effective Date Erica Zamora ASL Interpreter 5.75/2 days week HS 01/13/16 Transfers/Reassignments Position/From Site/Hours Position/To Site/Hours Effective Date Resignations/Retire Position Site Effective Date
Coaching / Extra Positions New Hires Sport / Position Site Effective Date Re-Hires Sport / Position Site Effective Date