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Board Meeting Notes: November 17, 2021 Regular Meeting
Posted 11/22/21

Fremont Unified School District 

Board of Education Meeting Summary

November 17, 2021 (Regular Meeting)

Click to View the Agenda of this Board Meeting
Click to View a Recording of this Board Meeting

At its November 17th meeting, the FUSD Board of Education:

6.1 Reported on Action taken in Closed Session

The Board unanimously approved the appointment of Zack Larsen as the Assistant Superintendent of Human Resources. 

Superintendent CJ Cammack introduced Mr. Larsen, who currently serves as Director of Secondary Education, and brings a strong skill set and many important qualities to this new position. Mr. Larsen has 22 years of experience with FUSD, ranging from elementary and secondary schools to the district level. This experience in FUSD and within our community will be an extremely valuable asset for FUSD’s cabinet team. Additionally, Mr. Larsen has completed the comprehensive ACSA Personnel Academy and has been an active member of district negotiations since 2013. Mr. Larsen brings his ability to build meaningful relationships, effectively collaborate with students, staff, parents, and labor groups, all while ensuring communication and accountability are clearly in focus. 

7.1 Heard the Superintendent Report

Superintendent Cammack reported that FUSD expanded our AP exam program: nearly 1,000 more exams were ordered over last year. He acknowledged Director of Assessment and Accountability Steven Musto for leading FUSD’s efforts to meet student requests/needs, including allowing students to test at other sites to have access to additional exams. This year FUSD offered SAT exams within our district for the first time in a decade. 

He also reported that over 1,000 individuals participated in vaccine clinics at FUSD schools last Friday, Saturday and Sunday. Through partnerships with Haller’s, Alameda County Public Health and Safeway, FUSD was able to offer clinics that provided Pfizer first/second doses and boosters for eligible community members ages 5 and up. He acknowledged the work of Rowena Cowan in Risk Management to coordinate and staff these clinics. 

7.2 Heard the Student Member Report

Sites are preparing for parent/teacher conferences. Some schools are hosting spirit weeks. Gave a shout out to Mission San Jose High School for winning the North Coast Section Team Tournament championship title last weekend.

9.1-12.13 Approved the Consent Calendar, Moved 10.6 to Item 13

The Board unanimously approved the Consent Calendar, with discussion on the following:

10.2 Appoint Parents/Guardians to Serve as Alternate Members on the Wellness Committee

Sanhita Gupta and Shailaja Tuppad were appointed as alternate parent/guardian representatives. 

11.3 Approval of Additional FTE for Technology Department

Staff responded to trustee questions about the funding and scope of this position. It is funded by Fund 21, and work would be restricted to bond projects; at the expiration of bond funding, FUSD would need to shift funding or eliminate the position. 

12.4 Review and Approve Classified Positions to Close/Eliminate

Staff responded to trustee questions about the Director of Child Nutrition Services position and confirmed that the duties of this position are currently performed by a Sodexo employee under the supervision of FUSD. 

12.8 Approve two (2) new Paraeducator 2 positions

Staff responded to trustee concerns regarding funding positions with temporary funding, and questions regarding whether these positions would be considered temporary. These positions would be funded by the Expanded Learning Opportunity Grant (ELOG). Paraeducator positions are regularly considered temporary as they provide 1:1 support for students as required. 

12.9 Approve Additional Staff for the State Preschool Program

Staff responded to trustee concerns regarding funding positions with temporary funding, and questions regarding whether these positions would be considered temporary. These positions would be funded by specific funding for the program from the State, positions would be tied to those funds.

12.10 Approve additional staff in response to COVID-19

Staff responded to trustee concerns regarding funding positions with temporary funding, and questions regarding whether these positions would be considered temporary. This position would be funded through the Elementary and Secondary School Emergency Relief Fund (ESSER) and that source is temporary. 

13. Heard Items Pulled from Consent Calendar: 10.6 Approved Study Trips

A trustee suggested consideration of vaccination mandates and/or testing protocols for students on these trips. 

Superintendent Cammack noted that guidance on overnight trips is expected soon, per meetings with Alameda County Public Health Officer Dr. Moss and other superintendents in Alameda County. It is not expected that this guidance would place a prohibition on these types of trips. Staff will likely be able to bring overnight travel recommendations at the next meeting, along with other changes to COVID-19 guidance, including volunteers on campus and local field trips. 

Trustees confirmed that field trips that are approved now will still be subject to applicable guidance that is released before the trip, and sites should be made aware that guidance issued later may impact whether students can/wish to participate.

The Board unanimously approved this item.

15.1 Held a Public Hearing on Map Options to Receive Public Testimony Concerning Proposed Adjusted Trustee Area Plan Following the Release of the 2020 Census Data

Based on 2020 Census data, school districts with trustee area systems are required to review and, if necessary, adjust their trustee area map by March 1, 2022 to ensure population balance. Please note that this is a required action when Census data is released every decade. This action does not impact school boundaries.

Representatives from Fagen, Friedman & Fulfrost, LLP presented an overview of the Release of 2020 Census Data Impact on District’s Trustee Area Map. After review of the current trustee areas, and based on the most recent census data, the District’s demographer has determined that the Trustee Area map is now no longer in compliance with California Education Code section 5019.5 since the population is no longer balanced. 

The demographer has created adjusted map options for consideration to ensure approval, compliance, and submission to the County in advance of the February 28, 2022 deadline.

The District is providing an opportunity to the community to review and provide feedback over the next four weeks before the Board of Education votes on December 8, 2021 to select a map that will be put into effect for the March 2022 Board elections.

At its December 8, 2021 Board Meeting, the Governing Board will be asked to adopt a Resolution, the final trustee area plan adopted, and any additional required documentation to the County Committee on School District Organization and Registrar of Voters and to take any other necessary action to effectuate the purposes of this resolution and to readopt the trustee area map plan. 

View map options and additional information at www.fremont.k12.ca.us/by-trustee

15.2 Reviewed the Assumptions used to Prepare the 2021-22 Demographic and Enrollment Report

FUSD currently contracts with SchoolWorks, Inc. to update and analyze demographic data relevant to the District’s facility planning efforts. 

SchoolWorks, Inc. presented the Fremont Unified Demographics Report Overview to review the assumptions used to prepare the 2021-22 Demographic and Enrollment Report: Fremont Demographics 2021 (Part A) and Fremont Demographics 2021 (Part B).

There will be no action from the Board until the December 8, 2021 Board meeting. 

15.4 Adopt Resolution 018-2122, A Resolution Adopting Criteria for the California State Seal of Civic Engagement (SSCE)

Item heard out of order.

Director Musto presented information on the State Seal of Civic Engagement (SSCE), and thanked the committee members that met to outline how FUSD students can meet the five criteria required to award a SSCE to California students, adopted by the California State Board of Education in 2020. 

The five criteria are meant to provide local educational agencies with a framework for making determinations of student qualifications required to earn the SSCE, based on their own local contexts. The criteria are written to ensure that no student is excluded from an opportunity to earn the SSCE based on academic ability, alternative school settings, or unique or unconventional expressions of civic engagement.

The Board was asked to adopt Board Resolution No. 018-2122, a Resolution Adopting Criteria for the California State Seal of Civic Engagement, allowing Instructional Services to coordinate with high school staff, SURFBoardE and Service Learning Coordinators on implementation.

Staff confirmed that Irvington High School students who complete a Quest project would meet the SSCE requirements. 

Student Member Tushar Dalmia thanked Director Musto for his work on this, and urged FUSD to promote the SSCE and highlight student projects done to earn the SSCE on the District website and social media. 

The Board unanimously adopted Board Resolution No. 018-2122 in order to implement a plan for students to be recognized for the State Seal of Civic Engagement in grades 11 and 12 in accordance with Education Code 51470.

15.3 Revised the Memorandum of Understanding and Handbook with the City of Fremont for School Resource Officer Services for July 1, 2021 – June 30, 2023

The Fremont Police Department and FUSD have had a professional partnership since 1998. A School Resource Officer (SRO) is assigned to each of the six high schools and serves all schools and offices throughout the District. The mission of the SRO unit is to ensure a safe learning environment for students, teachers, and school administrators.

At the July 21, 2021 Board Meeting, the Board took action to approve an MOU/Handbook for the SRO program between FUSD and the City of Fremont/Fremont PD. In order to ensure the MOU and Handbook remain compliant, some revisions are needed in the area related to how complaints regarding SRO’s are handled as it relates to the Police Officer Bill of Rights and a comprehensive investigation process. 

The Board was asked to authorize the Superintendent to finalize the revised MOU with the City of Fremont for School Resource Officer Services for July 1, 2021 – June 30, 2023, and approve the revised FUSD School Resource Officer Handbook.

Superintendent Cammack confirmed that a report on the SRO program done in consultation with various groups is scheduled for January 2022, and FUSD is in progress of completing that. 

Fremont Police Chief Sean Washington, Lieutenant Eric Tang and School Resource Unit Sergeant Calvin Tang responded to trustees’ questions. Sgt. Tang noted he is collecting data points on the SRO program for presentation to and review by the Board and community.

The Board voted 4-1 to authorize the Superintendent to finalize the revised MOU and approve the revised Handbook.

15.5 Held a Public Hearing on the Fremont Unified School District Educator Effectiveness Block Grant Plan

The 2021 Budget Act includes $1.5 billion in one-time money called the "Educator Effectiveness Block Grant (EEBG)" to provide professional learning and to promote educator equity, quality, and effectiveness. School districts may expend the funds from fiscal year 2021-2022 to 2025-2026.  Fremont's total allocation is $7,152,457.00.

Fremont Unified School District's proposed Educator Effectiveness Block Gran (EEBG) Plan is a 3-year plan developed from existing guiding documents in the district including the Local Control Accountability Plan (LCAP) and the Extended Learning Opportunity Grant (ELOG) to ensure consistency in executing our ongoing mission to improve student outcomes. 

As a condition of receiving EEBG funds, a school district is required to:

  1. Develop and adopt a plan by December 30, 2021, delineating how the EEBG funds will be spent. The plan must be explained in a public meeting of the governing board of the school district before its adoption in a subsequent public meeting.

  2. On or before September 30, 2026, report detailed expenditure information to the California Department of Education (CDE), including, but not limited to, specific purchases made and the number of teachers, administrators, or paraprofessional educators that received professional development.

This item will return for action by the Board in December 2021. 

15.9 Held a Public Hearing on Proposed Energy Service Contract with Tesla, Inc. for District - Wide Energy Efficiency Project

Item heard out of order.

The purpose of this agenda item is for the Board to conduct a public hearing to provide an opportunity for public comment on the proposed Project and on the question of the Board directing District staff to negotiate an energy service contract with Tesla for consideration by the Board at an upcoming Board meeting.

Tesla’s Nick Weber presented on a district-requested proposal from Tesla, Inc., whereby Tesla will provide information regarding providing a turnkey solar and battery energy storage resiliency solution to the District. 

Tesla is proposing to provide the design, installation, and implementation of certain energy conservation measures on a District-wide basis, including, without limitation, work involving a mix of solar photovoltaic, electric vehicle charging, and battery energy storage systems (Tesla Megapack) at various school sites. The 28 schools listed in Tesla’s proposal include solar photovoltaic carport canopy systems. A total of 13 school sites include Tesla Megapack, as these sites were identified by the District as “high priority” for backup power support.

Through a Power Purchase Agreement, Tesla would charge FUSD to use the energy. The energy cost savings analysis for the Project, provided by Tesla and reviewed by District staff, shows that the Project is estimated to achieve 20 year cumulative savings of $5,193,910. 

Before entering into an energy service contract, Government Code section 4217.12 requires the Board to hold a public hearing at a regularly scheduled Board meeting to determine whether the Project is in the best interests of the District. As required by statute, District staff posted the notice of the Board’s intent to conduct a public hearing on November 2, 2021, at least two weeks prior to the regularly scheduled public meeting.

15.6 Appointed the Assistant Superintendent of Human Resources and Approved Employment Contract

As announced after Closed Session, the Board unanimously approved the appointment of Zack Larsen to the position of Assistant Superintendent of Human Resources.

The Board unanimously approved the employment contract for Mr. Larsen.

15.7 Approved the First Reading of Revised Board Policy 6145, Extracurricular and Cocurricular Activities Grades 7-12 & Reviewed Administrative Regulation

This policy was last updated in 2015 and since that time there have been changes to California Education Code, specifically related to the passage of AB 104, which necessitated updates to the language in AR 6145. California School Boards Association (CSBA) language is incorporated along with current California Education Code language. 

Trustee Jones motioned for approval with changes to the language to replace grades levels with “secondary,” and clarifying language regarding athletics and activities. 

The Board unanimously approved the first reading of revised Board Policy 6145, Extracurricular and Cocurricular Activities Grades 7-12 and reviewed the Administrative Regulation.

15.8 Approved the First Reading of Revised Board Policy 6145.3, Equal Opportunity to Participate in Athletic Competition & Reviewed Administrative Regulation

Board Policies are periodically reviewed and updated to reflect changes to current language, laws, and practices.California School Boards Association (CSBA) language is incorporated. 

The Board unanimously approved the first reading of revised Board Policy 6145.3, Equal Opportunity to Participate in Athletic Competition and reviewed the Administrative Regulation.

15.10 Authorized Staff to Execute a Deductive Change Order with Vanir Construction Management, Inc. for Program Management Services in the amount of ($1,769,960.00)

FUSD’s Program Management services contract with Vanir will expire on June 30, 2022. The Measure E program will continue through August 2023. 

FUSD and Vanir staff discussed the requirements of stabilizing the Measure E program. Vanir has had staffing shortages that began in August 2019. FUSD decided to remove the positions that remained vacant from the Vanir contract, which will provide a cost savings to the Measure E program. 

In evaluating the remaining work, FUSD and Vanir have determined that the remaining scope of services can be reduced to accommodate the shortage of staffing internally. The reduced staffing will be a cost savings to the District ($1,453,160). 

Staff recommended that the Board authorize execution of a deductive change order for the Vanir contract and to allow staff to utilize the savings to be applied within the Facilities Department to meet the internal staffing needs to manage current and future work required to complete the Measure E Program. 

Staff will bring forward a proposal in the near future on how to utilize these funds for management of the Measure E Program with an internal FUSD staff plan.

The Board passed this item unanimously.

15.11 Authorized Ratification of the Agreement with Blach Construction for District and Developers Contingency Expenditure Directives for the New Construction and Modernization Project at Thornton Middle School Conversion Project

Blach Construction was awarded the construction contract for Thornton Middle School for five increments of work. Blach Construction is currently working on Guaranteed Maximum Price (GMP) 1, 2 & 3. GMP 4 will be bid in March 2022 for completion in 2023. The current construction includes the construction of four classroom buildings in the rear of the school site. The play fields were completed in 2020 and the basketball and play sport courts were completed in Fall 2020. Portions of the areas are blocked off due to construction, but the northeast side of the campus is accessible for students and staff to access the site safely.

Staff requested the Board's approval to ratify contingency directives for the Thornton Middle School project in the amount of $104,819.00. These costs are already included in the contract contingency amount and will not impact the overall budget of the project at this time.

The Board unanimously approved this item. 

15.12 Authorized Staff to Amend the Agreement with Guide Post Solutions and PBK/WLC for Design and Architectural Services for the Security Assessment Pilot Program in the Amount of $145,050.00

On June 2, 2021, the Board authorized staff to enter into an agreement with Guidepost Solutions LLC for design services for safety and security assessments and technical evaluation of monitoring systems in the amount of $95,200. 

Guidepost LLC and PBK/WLC are in the process of finalizing their security assessment and have completed the initial pilot program, and now must finish the remainder of the sites in the district. As the assessment continues, the remaining sites that are being evaluated will be reviewed to determine the extent of work required to meet compliance to security and safety measures for our school sites. 

This request was for authorization to approve the requested amendments for Guidepost LLC in the amount of $68,000 and authorize PBK/WLC in the amount of $77,050. The scope of work included in the proposal is to complete the assessment of the remaining schools, district wide, and develop standards that can be adopted for FUSD. 

Once this work is completed, staff will return with a request for the implementation of the equipment for the sites currently under construction. These services in the future will provide for the information for full integration of the design services to incorporate a motion and video surveillance security system into the existing construction contract for each of the three large Middle School Conversion projects. This will allow the construction teams to install the infrastructure while new buildings are being erected, as to not create additional work that may be unnecessary and costly after construction is completed.

The total amount for the amendments to both contracts requested is for $145,050. The funds requested fall within the program budget and have already been approved within each project that has been funded for the Measure E Bond Program. The overall budgets for Measure E projects that are currently funded have an overall allowance of $500,000 to cover security related expenses, and will afford the project an opportunity to fund the implementation of the final designs for each project. No additional funding is requested, only permission to utilize the services for each project within the Board approved spending limits already established.

The Board unanimously approved this item. 

15.13 Board Trustee(s) Attendance at the 2022 Coast2Coast Federal Advocacy Event, April 25-27, 2022, Washington, D.C.

The California School Boards Association (CSBA) and the Association of California School Administrators' (ACSA) Coast2Coast 2022 Federal Advocacy Event is scheduled for April 25 - 27, 2022 in Washington, D.C. The event will focus on the issues affecting 6 million students. The event will begin with a day of education policy issues specific to California, a briefing on the latest politics affecting federal education policy. That training will be followed by two days of meetings on Capitol Hill to advocate directly with California congressional representatives, White House officials, key federal agency leaders and other top policymakers. 

Superintendent Cammack will be attending with a focus on advocating for increased spending at the federal level for Special Education programs as well as other important focus areas for FUSD. 

An accounting of conference/travel expenses include a registration cost of $600 per person to include hotel for three nights and flight at a total approximate cost of $2,500 per person. 

The Board unanimously approved up to four trustee(s) to attend the event.

15.14 Trustees Reported Out on the City of Fremont/Fremont Unified School District Liaison Committee Meetings

The City of Fremont/Fremont Unified School District Liaison Committee held a meeting on October 26, 2021. After each meeting, staff and Board Trustees currently serving on the Liaison Committee provide feedback and direction for the next meeting.

Trustee Zhang reported that the Committee discussed recycling/composting/waste reduction efforts in schools supported by the City. Would like to raise awareness in schools about this effort.

Trustee Campbell reported that the Committee discussed the Walk and Roll to Schools event, and how to increase participation in future years. 

Meetings of the City of Fremont/Fremont Unified School District Liaison Committee are on the fourth Tuesday of each month at 5:30 p.m.; the meeting location alternates monthly.

 

 


 

The Board’s next Regular Meeting is scheduled for Wednesday, December 8, 2021 at 6:30pm (time subject to change)

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