CENTRAL UNION SCHOOL DISTRICT

CENTRAL UNION SCHOOL DISTRICT July 13, 2020

AGENDA

The regular open public meeting of the Central Union School District Board of Trustees will be held on Monday, July 13, 2020. The Board meeting will begin with a preliminary open session at 5:30 p.m. and adjourn into closed session. Following the closed session meeting of the Board of Trustees, the general open session will be called to order via the video conference session beginning at 6:00 p.m. Please note, the regular Board Meeting will be held by video conferencing (Zoom Meeting).

https://us02web.zoom.us/j/83760568924?pwd=KzFEbWwySlhLYVJUbFAzMnltL0hSZz09

Any writings or documents that are public records and are provided to a majority of the governing board regarding an open session item on this agenda are available for public inspection and may be accessed under the Board Agenda and backup information housed on the District website at www.central.k12.ca.us. If you have a public comment, please email that to Traci Fullerton, provide the topic of the Public Comment, and the content of your comments in the email. Please email your public comments to Traci Fullerton ([email protected]) no later than 12:00 PM July 13, 2020. Submitted comments will be read into the record. The Public has the right to comment upon any item on the agenda. Any writings or documents that are public records and are provided to a majority of the governing board regarding an open session item on this agenda will be made available for public inspection in the Central Union School District office located at 15783 18th Avenue, Lemoore, California during normal business hours. CUSD Mission Statement ~ Central Union School District seeks to be an exemplary learning community. We build the foundation of this community through meaningful relationships, relevant and engaging learning, effective communication, and providing a safe atmosphere. Each student will be treated as an individual, given the tools to be a lifelong learner, and taught to function as a member of a group and as a productive member of society. We challenge ourselves to be better than we think we can be, and advocate for the greater good of our community. Our success in this mission will build lifelong, confident learners, who have the tools necessary for success in a changing world.

mailto:[email protected]

1. OPEN PUBLIC SESSION:

a. Call to Order b. Roll Call c. Flag Salute

Trustees:

Dale Davidson, Casey Fisher, Jeffrey Gilcrease and Ceil Howe III

District Officials: Superintendent Tom Addington, Christina Barber, Loretta Black, Darin Denney, Traci Fullerton, Anne Gonzales, Christina Gonzales, Wendy Jones, Elizabethe Williams-Lozano, Penny Miller, Cindee Rael, John Raven, and Heiko Sweeney.

CUSD Employee Associations' Representatives and others in attendance 2. PROCEDURE FOR VISITORS WHO WISH TO ADDRESS THE BOARD:

The Board invites and welcomes your comments. Your input is important. Most questions asked of the Board require research and/or investigation. Therefore, the Board may respond to your questions in writing. However, if the comments involve a District employee or a student, the President will, at that time, explain the rights of the Speaker and the rights of the employee and/or student. In accordance with Board Bylaw 9323, The Board shall limit the individual speakers to no more than five minutes in length with no more than thirty minutes per item.

3. PRESENTATION(S):

a. None

4. COURTESY TO VISITORS:

5. CORRESPONDENCE AND BOARD INFORMATION: a. None

6. CONSENT AGENDA:

(at this time board members may request that an item or items be removed from the consent agenda and placed as ‘new business’)

a. Approve minutes of the June 8, 2020 regular board meeting (ta) b. Approve new hires:

i. Sylvia Rios Food Service Coordinator c. Approve separations:

i. 34-6/20 ii. 35-6/20 iii. 36-6/20

d. Approve Agreement with Securly for cloud based filter and device management services (ta)

e. Approve Agreement with Kings County Office of Education for services related to New Teacher Induction (ta)

f. Approve Agreement with Kings County Office of Education for Professional Learning and Coaching with English Language Arts (ta)

g. Approve Agreement with Kings County Office of Education for consultative services and instructional coaching (ta)

h. Approve Agreement with the Nearpod company for District license of instructional product (ta)

i. Approve Agreement with the Powerschool company for Enterprise Management Services (ta)

j. Approve Agreement with the Powerschool company for Student Information System support and maintenance (ta)

k. Approve Agreement with Medical Billing Technologies for direct billing services (ta)

l. Approve Agreement with Harris Solutions for EZMeal application software (ta)

Approve Items a) through l)

7. OLD BUSINESS: a. none

8. NEW BUSINESS

a. Announce out any closed session decision. (ta) b. Approve June 2020 District warrants and payroll (wj) c. Approve Resolution #O-07-13-20 Budget Revisions for the 2020-2021

Adopted Budget (wj) d. Approval of minimum ending fund balance for the 2020-21 school year

(wj) e. Approve increase to Certificated Substitute salary (ta)

f. Approve work calendar adjustment and salary line for Classified Management - Food Service Coordinator position (ta)

g. Approve First Reading of BP 0470 COVID-19 Mitigation Plan (ta)

9. SUPERINTENDENT'S REPORT: 10. ADMINISTRATORS’ REPORTS:

a. None 11. BOARD MEMBER COMMENTS:

12. CLOSED SESSION:

The closed session of the Board of Trustees will be held to consider the following:

a. Pending Litigation {Gov. Code §§54956.9(d)(1), 54956.9(d)(2)} b. Superintendent’s Evaluation {Gov. Code §54957}

CENTRAL UNION SCHOOL DISTRICT June 8, 2020

MINUTES

The regular open public meeting of the Central Union School District Board of Trustees was held on Monday, June 8, 2020. The Board meeting began with a preliminary open session at 5:30 p.m. and adjourned into closed session at 5:30 p.m. Following the closed session meeting of the Board of Trustees, the general open session was called to order via the video conference session beginning at 6:00 p.m. The meeting was adjourned at 6:29 p.m. Please note, the regular Board Meeting was held by video conferencing (Zoom Meeting).

https://us02web.zoom.us/j/84557979888?pwd=WFRZM0ZQT25qYVVkNEpPRzRENkROUT09

Any writings or documents that are public records and are provided to a majority of the governing board regarding an open session item on this agenda are available for public inspection and may be accessed under the Board Agenda and backup information housed on the District website at www.central.k12.ca.us. If you have a public comment, please email that to Traci Fullerton, provide the topic of the Public Comment, and the content of your comments in the email. Please email your public comments to Traci Fullerton ([email protected]) no later than 12:00 PM June 8, 2020. Submitted comments will be read into the record. The Public has the right to comment upon any item on the agenda. Any writings or documents that are public records and are provided to a majority of the governing board regarding an open session item on this agenda will be made available for public inspection in the Central Union School District office located at 15783 18th Avenue, Lemoore, California during normal business hours. CUSD Mission Statement ~ Central Union School District seeks to be an exemplary learning community. We build the foundation of this community through meaningful relationships, relevant and engaging learning, effective communication, and providing a safe atmosphere. Each student will be treated as an individual, given the tools to be a lifelong learner, and taught to function as a member of a group and as a productive member of society. We challenge ourselves to be better than

https://us02web.zoom.us/j/84557979888?pwd=WFRZM0ZQT25qYVVkNEpPRzRENkROUT09


we think we can be, and advocate for the greater good of our community. Our success in this mission will build lifelong, confident learners, who have the tools necessary for success in a changing world.

1. OPEN PUBLIC SESSION: a. Call to Order b. Roll Call c. Flag Salute

Trustees:

Dale Davidson, Casey Fisher, Jeffrey Gilcrease and Ceil Howe III were all present.

District Officials:

Superintendent Tom Addington, Traci Fullerton, Wendy Jones and Elizabethe Williams-Lozano were all present.

2. PROCEDURE FOR VISITORS WHO WISH TO ADDRESS THE BOARD:

The Board invites and welcomes your comments. Your input is important. Most questions asked of the Board require research and/or investigation. Therefore, the Board may respond to your questions in writing. However, if the comments involve a District employee or a student, the President will, at that time, explain the rights of the Speaker and the rights of the employee and/or student. In accordance with Board Bylaw 9323, The Board shall limit the individual speakers to no more than five minutes in length with no more than thirty minutes per item.

3. PRESENTATION(S):

a. None

4. COURTESY TO VISITORS:

5. CORRESPONDENCE AND BOARD INFORMATION: a. None

6. CONSENT AGENDA:

(at this time board members may request that an item or items be removed from the consent agenda and placed as ‘new business’)

a. Approved minutes of the May 18, 2020 regular board meeting

b. Approved Agreement for service from Illuminate Education for the 2020-2023 term

c. Approved the Migrant Service Agreement under Model B with Tulare County Office of Education for the 2020-21 school year

d. Approved Amendment to Subscription Extension Agreement re Digital Schools

e. Approved Technology Surplus Request

Approved Items a) through e) Motion: Ceil Howe, III Seconded: Jeffrey Gilcrease

Dale Davidson Vote: AYE Jeffrey Gilcrease Vote: AYE Casey Fisher Vote: AYE Ceil Howe, III Vote: AYE

7. OLD BUSINESS: a. none

8. NEW BUSINESS

a. No announcements from closed session was made.

b. Approved May 2020 District warrants and payroll

Motion: Jeffrey Gilcrease Seconded: Ceil Howe, III


c. Approved the District COVID-19 Operations Report

Motion: Ceil Howe, III Seconded: Jeffrey Gilcrease


d. Approved the opening of the hearing on the Central Union School District

2020-2021 Budget



President Fisher offered the public the opportunity to address the Central Union School District 2020-2021 Budget. No comments were made.

e. Approved the closing of the hearing on the Central Union School District 2020-2021 Budget



f. Approved the 2020-2021 Central Union School District Budget



g. Approved Resolution #N-06-08-2020 Education Protection Act



h. Approved Resolution #M-06-08-2020 Same Date of Hire Criteria



i. Approved District Consolidated Application for Funding



j. Approved the Annual Update to the District Federal Addendum

Motion: Dale Davidson Seconded: Ceil Howe, III


9. SUPERINTENDENT'S REPORT: Mr. Addington shared that the District Office

and IMC staff have returned to the office as well as custodians have returned and started their summer cleaning today. The Akers construction project is progressing and on schedule and we will be going out to bid soon regarding the Neutra Kindergarten construction project.

10. ADMINISTRATORS’ REPORTS:

a. None 11. BOARD MEMBER COMMENTS: None

12. CLOSED SESSION:

The closed session of the Board of Trustees will be held to consider the following:

a. Pending Litigation {Gov. Code §§54956.9(d)(1), 54956.9(d)(2)} b. Labor Negotiations - {Gov. Code §54957.6}

Employee organization: CUETA c. Superintendent’s Evaluation {Gov. Code §54957}

Respectively submitted, __________________________ _________________________ President Clerk

Scope of engagement:

Grades: K-12Participating Schools: TBD

Duration of engagement:

Term of product license: Specified by "Term" beginning on the date set forth above.Term of Training and Professional Development: Services listed herein to be used within one year of purchase.

Other information:

Prices do not include sales tax, if applicable.The Federal Tax ID # for Securly is 46 078 9922Invoice Terms: Securly, Inc. will invoice Client upon execution of this Agreement with payments due net 30 days from Invoice Date.Please visit the following website below for information about technical specification, hardware requirements:https://www.securly.com/terms

This order form is effective as of the Subscription Start Date for the purchase of the products and services listed below from Securly, Inc. (“”):Securly

Securly products and services are provided under the Securly Terms and Conditions of Service that are attached and the Securly PrivacyPolicy (the “ ”). By signing this Order Form, Customer hereby agrees to all the terms and conditions of Terms andTerms and ConditionsConditions. This Order Form and the Terms and Conditions constitute the entire agreement (“ ”), superseding any terms (including,Agreementbut not limited to, any Customer’s purchase order terms).

UpfrontPayment Schedule

6/30/2021Subscription EndDate

7/1/2020Subscription StartDate

1Term (years)

15783 18th Ave.Lemoore, California 93245United States

Bill To

Central Union Elementary SD-CABill To Name

[email protected]

(559)925-2619Phone

Tom AddingtonContact Name

00002339Order Number

111 N. Market Street, Suite 400San Jose, California 95113United States

Company Address

[email protected]

7049413085Phone

Maya WaltonPrepared By

Order Form

Billing

DocuSign Envelope ID: 91AF64E7-B20C-4954-9EA4-7FCF340CE059

:SECURLY

Signature:

Full Name:

Title:

Date:

:CUSTOMER

Signature:

Full Name:

Title:

District and School:

Date:

This Order is subject to the . By signing below, Customer also agrees to and accepts the Terms andTerms and ConditionsConditions.

7/1/2020Requested InvoiceDate

USD 13,750.00Grand Total

Products & Services

Product Quantity Sales Price Subtotal

4. Filter Plus: 2,500-4,999 2,500.00 USD 5.50 USD 13,750.00

Order Notes

EXECUTED AND AGREED:

DocuSign Envelope ID: 91AF64E7-B20C-4954-9EA4-7FCF340CE059

Superintendent

Central Union Elementary SD-CA

0060g00000xkKGXAA2

Tom Addington

6/24/2020

Vinay Mahadik

6/25/2020

CEO

https://www.securly.com/terms-and-conditions

WEST\282660945.2

SECURLY INC.

Terms and Conditions of Service

This agreement applies to the order form to which these Terms and Conditions of Service are attached (collectively,

the “Agreement”). This Agreement is made by and between Securly, Inc. (“Company”), a Delaware corporation with

offices at 111 North Market Street, 4th Floor, Suite 400, San Jose, CA 95113, and its customer lis ted on the order

(“Customer”). The effective date of the Agreement is referred to herein as the “Effective Date.”

1. Services. Company will provide to Customer the cloud-based so ftware products and services ident ified

in the purchase order (the “Order”) that incorporates these terms and conditions (collectively, the “Services” and, each,

a “Service”). If there is a conflict or ambiguity between any term of this Agreement and the Order, the terms of

the Order shall control. The Services may include, without limitation, Company’s cloud-based web filtering,

online activity monitoring for cyberbullying, auditing software, mobile device management so ftware, t ablet ,

and other computer asset locat ion t racking so ftware, device contro l so ftware for teacher

classroom management , and any other software or services offered by Company, including all updates thereto

and related documentation. Company shall provide all necessary user identifications and passwords for the Services

for use by Customer’s employees, agents, independent contractors, students and parents/guardians (“Users”).

2. Security. Company represents and covenants that it maintains appropriate administrative, technical and physical

security measures to protect Customer data and personal information, including User Data (as defined in Section 4

below), to the extent reasonably necessary for the performance of the Services consistent with all applicable state and

federal laws and regulations. In the event of a breach or suspected breach of any privacy or security measures described

herein that has become known to Company, Company will immediately notify Customer thereof, and use its

commercially reasonable efforts to remedy such breach.

3. Support Services. Company shall provide Customer with support services as specified in the Order (the

“Support Services”).

4. Ownership.

a) Ownership of the Service; Intellectual Property. Company shall retain all title to and ownership of and all

proprietary rights with respect to the Services (including all software used to provide the Services and all portions

thereof (including all derivatives or improvements thereof), whether or not incorporated into or used with

other software as a service, software or hardware. Customer’s use of the Services does not constitute a sale of any of

such software or any portion thereof. Company’s name, logo, and the product names associated with the Services are

trademarks of Company or third parties, and no right or license is granted herein to use them.

b) Ownership of User Data. The Services may allow Customer to track and gather a range of data and information

regarding its Users (“User Data”). Customer shall retain all title to and ownership of and all proprietary rights with

respect to User Data, and shall be solely responsible for its use thereof. Customer is also responsible for securing and

backing up its User Data and Company shall only restore lost User Data to its last-backup point if the loss was

due to a fault in Company’s Services or Support Services. Customer hereby grants Company a worldwide, royalty-free,

and non-exclusive license to access and use User Data for the sole purpose of enabling Company to provide the

Services, and for the limited purposes set forth in Company’s Privacy Policy (described below).

c) Ownership of Reports and Analyses. Company may provide Customer with certain reports and analyses as part of

the Services (“Reports”). Company shall retain all title to and ownership of and all proprietary rights with respect

to such Reports. Company hereby grants Customer a non-exclusive, non-sublicensable, and non-transferable license,

for the term of this Agreement, to use Reports strictly for Customer’s own internal, legitimate, non-commercial,

educational purposes.

d) Mobile App and Parent/Guardian Usage. Customer acknowledges that Users may need to download the

Company’s mobile application from the relevant major mobile device provider app stores (iTunes or Google Play) and

that use of the Company’s mobile application or website by parents/guardians is subject to Company’s terms of service

and privacy policy.

e) Feedback. If Customer provides any ideas, suggestions or recommendations to Company regarding Company’s

software, products, services or technology (“Feedback”), such Feedback is provided on a non-confidential basis to

Company and Company is free to retain, disclose, use and incorporate such Feedback in Company’s and/or its

affiliates’ products and services, without payment of royalties or other consideration to Customer. Customer

understands and agrees that Company is not obligated to use, display, reproduce, or distribute any such Feedback, and

that it has no right to compel such use, display, reproduction, or distribution. Nothing herein shall be interpreted as

imposing an obligation on Customer to provide Feedback to Company.

5. Privacy Policy.

a) The parties agree that Customer is an educational institution, that Company is a service provider to Customer, and

that Company’s collection and use of the personally identifiable User Data of children under the age of 18 (“Minor

User Data”) is conducted on behalf of and with the authorization of Customer, in order to provide the Services requested

by Customer. Customer has received and reviewed Company’s Privacy Policy, Children’s Privacy Policy and Notice

of Privacy Practices (together the “Privacy Policy”), which include a privacy policy and direct notice of privacy

practices as required by the Children’s Online Privacy Protection Act Rule, 16 C.F.R. 313 (“COPPA”). Customer

expressly consents to the collection, use and disclosure of Minor User Data as set forth in the Privacy Policy as

applicable to those Services requested by Company. For the purposes of COPPA, Company acknowledges that it is an

educational institution, that it plans to use the Services in its capacity as an educational institution, and that it is

authorized to consent to Company’s collection, use and disclosure of Minor User Data by Company in order to provide

the Services to Customer. Customer further acknowledges, and Company agrees to provide, Customer an opportunity

to review the Minor User Data, and to request that such data be deleted and/or no longer collected or used (which may

impact the availability of the Services). By executing this Agreement, Customer expressly acknowledges that it has

received and reviewed the Privacy Policy, and grants its consent to Company’s collection, use and disclosure of Minor

User Data in accordance with the Privacy Policy, which may be updated from time to time, provided Customer will be

notified of any material changes.

b) Notwithstanding Section 5(b), Customer expressly agrees that Company may de-identify or aggregate User Data

and Minor User Data so that it no longer identifies an individual under the age of 18 (“Aggregate Data”),and may

maintain and use such data for its own purposes as set forth in the Privacy Policy, provided it has implemented

reasonable safeguards to prevent the re-identification of Aggregate Data.

6. Customer Responsibilities, Warranties and Restrictions.

a) Customer agrees that it shall not do any of the following: (i) modify, make derivative works of, disassemble,

reverse compile, or reverse engineer any part of the Services (including any Client Software), or in any way attempt

to reconstruct or discover any source code or underlying ideas or algorithms of any part of the Services (including

any Client Software); (ii) access or use the Services (including any Client Software) in order to build a similar

or competitive product or service or for the purposes of bringing an intellectual property infringement claim against

Company; (iii) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or

transmit in any form or by any means any of the Services (including any Client Software); (iv) attempt to gain

unauthorized access to the Services and to make commercially reasonable efforts to prevent unauthorized third parties

from accessing the Services (including any Client Software); or (v) exceed the permitted number of devices, active

users or students, teachers, faculty and staff in a school or district, in each case as specified in an Order.

b) Customer shall not (i) access or attempt to access the administrative interface of the Services by any means

other than through the interface that is provided by Company in connection with the Services, unless otherwise agreed

in writing or (ii) intentionally engage in any activity that interferes with or disrupts the Services (or any servers

or networks that are connected to the Services).

c) Customer is responsible for all activity occurring under Customers’ accounts for the Services by its authorized

users. Customer shall notify Company within a commercially reasonable time of any unauthorized use of any user

account or any unauthorized use of the Services. Customer may not access the Company Services in a manner

intended to avoid incurring fees or provide incorrect information for an Order for purposes of reducing amounts payable

to Company.

d) Customer represents, covenants, and warrants that Customer will use the Services only in compliance with the

terms of this Agreement and all applicable laws and regulations. Although Company has no obligation to monitor

Customer’s use of the Services, Company may do so and may prohibit any use of the Services it reasonably believes

may be (or is alleged to be) in violation of this Agreement or applicable laws and regulations.

e) If Customer is a government entity, unit, agency, organization, entity or party (including a school or school district),

then Customer represents, warrants and covenants that: (i) Customer has taken all actions, complied with all

requirements, obtained all prior consents and reviews, and otherwise satisfied all prerequisites that may be necessary

or appropriate to enable Customer to enter into and perform this Agreement in accordance with its terms; (ii) there is

no applicable law, regulation, rule, or other governmental requirement (A) which in any way restricts or limits the duty

of Customer to fully perform and comply with all obligations of Customer as set forth in this Agreement, or (B) which

impairs the rights of Company as set forth in this Agreement; and (iii) the software for the Services provided under

this Agreement will be treated as “commercial computer software” and “commercial computer software

documentation” under any applicable governmental laws, regulations or rules.

f) If any software or documentation is acquired by or on behalf of a unit or agency of the United States Government,

Customer agrees that such software or documentation is “commercial computer software” or “commercial computer

software documentation” and that, absent a written agreement with Company to the contrary, Customer’s rights with

respect to such software and documentation are, in the case of civilian agency use, Restricted Rights (as defined in

FAR §52.227.19), and, if for DoD use, limited by the terms of this Agreement, pursuant to DFARS §227.7202.

7. Confidential Information.

a) “Confidential Information” means any and all non-public information provided or revealed by one party

(“Discloser”) to the other party (“Recipient”) or otherwise learned by a party during the course of performance

under this Agreement, including without limit software, programs, prices, processes, documentation, financial,

marketing and other business information, and all other material or information that is identified at the time of

disclosure as confidential or proprietary or which otherwise would reasonably be expected to be kept confidential.

Confidential Information shall also include: (i) the Discloser’s planned or existing computer systems and systems

architecture, including computer hardware, computer software, source code, object code, documentation, methods of

processing and operational methods; (ii) the Discloser’s customer lists, sales, profits, organizational structure

and restructuring, new business initiatives and finances; (iii) the Discloser’s services and products, product

designs, and how such products are administered and managed; and (iv) the Discloser’s User Data. Recipient’s

obligations of confidentiality shall not apply to information that: (1) is or becomes public through no fault or

breach by Recipient, (2) is or becomes known to Recipient (either directly or rightfully through a third party) without

an obligation of confidentiality, or (3) is independently developed by Recipient without use of or access or reference

to Discloser’s Confidential Information.

b) During the Term of this Agreement and for a period of five (5) years following the termination or expiration of

this Agreement, or with respect to any Confidential Information that constitutes a trade secret of the Discloser, for so

long as such information constitutes a trade secret, Recipient shall hold Discloser’s Confidential Information in

confidence and will not disseminate or disclose the Confidential Information to any third party except its

Personnel, as set forth herein. Recipient will protect Discloser’s Confidential Information with the same degree of

care it uses to protect its own confidential information of a similar nature, but in no event will Recipient use less than

a reasonable degree of care. Recipient will use Discloser’s Confidential Information solely to the extent necessary

to exercise its rights and obligations under this Agreement and will ensure that Confidential Information is disclosed

only to its employees, contractors and other personnel (individually and collectively, “Personnel”) with a bona

fide need to know and who are under binding written obligations of confidentiality with Recipient to protect

Discloser’s Confidential Information substantially in accordance with the terms of this Agreement. The Recipient

shall be responsible for any breach of this Section 7 by any Personnel. In addition, Recipient will implement and

maintain appropriate technical and organizational measures to protect Confidential Information against accidental or

unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of

security appropriate to the risk represented by the processing and the nature of the Confidential Information to be

protected. Recipient may disclose Confidential Information to the limited extent required to by the order or

requirement of a court, administrative agency, or other governmental body; provided, however, that the Recipient

notifies the Discloser in writing in advance of such disclosure and provides the Discloser with copies of any related

information so that the Discloser may take appropriate action to protect its Confidential Information.

c) All Confidential Information is and shall remain the sole property of Discloser, and Recipient shall not acquire

any rights or licenses therein except as expressly set forth in this Agreement. Recipient shall return to Discloser

(or at Discloser’s option, destroy) any and all Confidential Information and any other information and materials that

contain such Confidential Information (including all copies in any form) immediately upon Discloser’s written request,

or upon the termination of this Agreement. Within ten (10) days following Discloser’s written request, Recipient

will provide Discloser with a written certification, as signed by an officer or executive level employee of Recipient,

certifying compliance with this Section 7.

d) Recipient acknowledges that the disclosure of Confidential Information in breach of the terms of this Section

7 may cause Discloser irreparable injury and damages that may be difficult to ascertain. Therefore, Discloser,

upon a disclosure or threatened disclosure of any Confidential Information by Recipient or any Personnel, will be

entitled to injunctive relief (without being required to post bond), including, but not limited to, a preliminary

injunction upon an ex parte application by the Discloser to protect and recover its Confidential Information, and the

Recipient will not object to the entry of an injunction or other equitable relief against the Discloser on the basis

of an adequate remedy at law, lack of irreparable harm or any other reason. Without limiting the foregoing,

the Recipient will advise the Discloser immediately in the event that it learns or has reason to believe that any

person or entity that has had access to Confidential Information, directly or indirectly, through the Receiver, has

violated or intends to violate the terms of this Agreement. This provision will not in any way limit

such other remedies as may be available to the Discloser, whether under this Agreement, at law, or in

equity.

8. Billing and Payment.

a) The amount of the recurring fees associated with the use of the Services and the Support Services by

Customer shall be as set forth in the Order (the “Fees”). Fees for Services may be charged based on the number of

(i) devices or active users, (ii) the number of students in a school or district, or (iii) students, teachers, faculty and staff

in a school or district, as specified in an Order. Additionally, there may be other basis for calculating the Fees, as

specified in the Order. The Fees exclude all applicable sales, use, and other taxes, fees, duties and similar charges

(“Taxes”), and Customer will be responsible for payment of all such Taxes (other than taxes based on Company’s

income) and any penalties or charges that accrue with respect to the non-payment of any Taxes as well as

government charges, and all reasonable expenses and attorneys’ fees Company incurs collecting late amounts. All

amounts payable under this Agreement will be payable in U.S. Dollars within thirty (30) days of receipt of invoice,

unless specified otherwise in the Order or Customer is purchasing the Services and Support Services through an

authorized reseller and the parties have agreed that Customer is to pay the authorized reseller directly. Payment of fees

shall be made by the Customer prior to receiving the Services. The payment may be made by check or wire transfer.

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). To the

fullest extent permitted by law, Customer waives all (i) claims relating to charges unless claimed within sixty

(60) days after invoicing, and (ii) refunds under any situations aside from those contemplated in this Agreement.

Notwithstanding any fees for services posted on Company’s website or otherwise published by Company, the

parties acknowledge and agree that the Fees may only be modified as set forth below in the “Modification; Waiver”

section of this Agreement.

b) Company may assign to a third party (a “Assignee”) all of its right, title and interest in all or any of the Fees at any

time. Upon any such assignment, Company will give Customer written notice thereof (a “Notice of Assignment”).

The Notice of Assignment shall provide the name and contact information for the Assignee and shall instruct Customer

to make payment of the assigned Fees to the Assignee. Upon receipt of a Notice of Assignment, (i) Customer shall

sign the acknowledgement provision in such Notice of Assignment and return it to Company as provided in such Notice

of Assignment and (ii) Customer shall be obligated to make all payments of the assigned Fees to the Assignee,

notwithstanding the Order’s payment instructions for such Fees.

c) If Customer is purchasing the Services or Support Services (or both) through an authorized reseller, Customer shall

pay the fees for the Services and Support Services, as applicable, on a timely basis directly to the authorized reseller.

Without limiting Company’s remedies under this Agreement, at law or in equity, Company reserves the right to suspend

provision of the Services or Support Services (or both) and to terminate this Agreement should Customer fail to pay

the authorized reseller on time, regardless of the reason.

9. Term and Termination.

a) This Agreement commences on the Effective Date and, unless terminated earlier in accordance with its terms, shall

remain in effect for the initial period specified in the Order (or, if no period is specified in the Order, then for an initial

period of twelve (12) months) (the “Initial Term”). This Agreement will thereafter continue for successive twelve (12)

month periods (each, a “Renewal Term”), unless either party gives the other party written notice of non-renewal at

least 30 days prior to the end of the then-current term. The Initial Term, together with all Renewal Terms, are

collectively referred to as the “Term”.

b) Either party may terminate this Agreement by giving written notice to the other party upon the occurrence of an

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Event of Default by the other party. For purposes of this Agreement, “Event of Default” means a breach by a party of

any of its representations, warranties, or obligations under this Agreement, if such breach remains uncured for a period

of thirty (30) days following receipt of written notice from the other party.

c) Any and all provisions in this Agreement which would reasonably be expected to be performed after the

termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration,

including without limitation provisions relating to confidentiality, ownership of materials, payment, taxes,

representations and warranties, indemnification, limitations of liability, effects of termination, and governing law.

10. Company Warranties, Company Disclaimers, and Exclusive Remedies. a) Company warrants to Customer that it will provide the Services in all material respects as described in the

applicable end user documentation, if any, and will provide such Services in a professional manner and in accordance

with generally accepted industry practices. If the Services provided to Customer are not performed as warranted,

Customer agrees that it must promptly provide a written notice to Company that describes the deficiency in the

Services.

b) COMPANY DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE

OR UNINTERRUPTED, OR THAT COMPANY WILL CORRECT ALL ERRORS, (B) THE SERVICES WILL

OPERATE IN COMBINATION WITH CUSTOMER’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER

HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY COMPANY, AND (C) THE

SERVICES WILL MEET CUSTOMER’S OR ITS USERS’ NEEDS, REQUIREMENTS, SPECIFICATIONS, OR

EXPECTATIONS. CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT CONTROL THE

TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT

THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN

THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES

RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM

CUSTOMER’S CONTENT OR APPLICATIONS, OR THIRD PARTY CONTENT OR SERVICES, AND

DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT OR SERVICES.

c) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,

COMPANY DOES NOT GUARANTEE OR WARRANT (A) THAT THE SERVICES WILL COMPLY WITH THE

REQUIREMENTS OF THE CHILDREN’S INTERNET PROTECTION ACT, (B) THAT THE SERVICES WILL

FUNCTION TO PREVENT MINORS FROM BEING EXPOSED TO INAPPROPRIATE, HARMFUL, UNSAFE,

OR OBSCENE CONTENT ONLINE, (C) THAT THE SERVICES WILL PREVENT OR OTHERWISE

DISCOURAGE CYBERBULLYING OR SELF-HARM BY STUDENTS, (D) THAT THE SERVICES WILL

DETECT ALL CYBERBULLYING AND SELF-HARM BY STUDENTS, OR (E) ALL SOCIAL MEDIA SITES,

STREAMING MEDIA, WEB-BASED EMAIL SERVICES, CLOUD STORAGE SITES, OTHER INTERNET SITES

(INCLUDING PORN, GAMBLING AND OTHER INAPPROPRIATE SITES FOR MINORS), DIRECT

MESSAGES AND ELECTRONIC DOCUMENTS AND FILES WILL BE BLOCKED OR MONITORED.

d) FOR ANY BREACH OF THE SERVICES WARRANTY, CUSTOMER’S EXCLUSIVE REMEDY AND

COMPANY’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT

CAUSED THE BREACH OF WARRANTY, OR, IF COMPANY CANNOT SUBSTANTIALLY CORRECT THE

DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER (AS DETERMINED SOLELY BY COMPANY

IN ITS REASONABLE DISCRETION), THEN CUSTOMER MAY TERMINATE THE SERVICES AND

COMPANY WILL REFUND TO CUSTOMER THE FEES FOR THE TERMINATED SERVICES THAT

CUSTOMER PRE-PAID TO COMPANY FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF

TERMINATION. IN SUCH AN EVENT, COMPANY SHALL ALSO EXERCISE COMMERCIALLY

REASONABLE EFFORTS TO PROVIDE CUSTOMER WITH REASONABLE OPPORTUNITY TO ACCESS THE

SERVICES FOR THE PURPOSES OF SECURING AND BACKING UP CUSTOMER’S USER DATA.

e) TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE

ARE NO OTHER WARRANTIES, AND COMPANY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER

WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INLUCIND ANY IMPLIED

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-

INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability. BOTH PARTIES EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER

PARTY SHALL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF TIME OR LOST PROFITS) ARISING OUT

OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN

PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH THE EXCEPTION OF

WILLFUL OR GROSSLY NEGLIGENT BREACHES OF SECTION 7, AND WITHOUT AFFECTING THE

LIMITATIONS OF LIABILITY SET FORTH IN SECTION 10, IN NO EVENT SHALL COMPANY’S

AGGREGATE LIABILITY OF ANY TYPE UNDER THIS AGREEMENT EXCEED THE AMOUNTS

ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD

IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM REGARDLESS OF THE FORM

OF ACTION, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY,

PRODUCTS LIABILITY OR OTHERWISE. THIS PARAGRAPH DOES NOT APPLY TO CUSTOMER’S

VIOLATION OF COMPANY’S INTELLECTUAL PROPERTY RIGHTS.

12. Indemnification.

a) Customer Obligations. Customer shall defend Company against any claim, cause of action, suit or proceeding

(each a “Claim”) made or brought against Company by a third party arising out of or attributable to Customer’s use of

the Service (other than as expressly set forth in Section 12(b) below), and shall indemnify Company for any damages

finally awarded against, and for reasonable attorney’s fees incurred by, Company in connection with the Claim, on

condition that Company (a) promptly gives Customer written notice of the Claim; (b) gives Customer sole control of

the defense and settlement of the Claim (provided that Customer may not settle any Claim unless the settlement

unconditionally release Company of all liability); and (c) provides reasonable assistance in connection with the defense

(at Customer’s reasonable expense).

b) Company Obligations. Company shall defend Customer against any Claim made or brought against Customer by

a third party alleging that Customer’s use of the Service infringes or misappropriates the intellectual property rights of

a third party, and shall indemnify Customer for any damages finally awarded against, and for reasonable attorney’s

fees incurred by, Customer in connection with the Claim, on condition that Customer (a) promptly gives Company

written notice of the Claim; (b) gives Company sole control of the defense and settlement of the Claim (provided that

Company may not settle any Claim unless the settlement unconditionally release Customer of all liability); and (c)

provides reasonable assistance in connection with the defense (at Company’s reasonable expense). If a Claim is

brought or threatened, or Company believes is likely to occur, Company may, at its option, (i) procure for Customer

the right to use the Service, (ii) replace the Service with other suitable products, or (iii) refund any prepaid fees that

have not been earned and terminate this Agreement upon notice. Company will have no liability under this Agreement

or otherwise to the extent a Claim is based upon (a) use of the Service in combination with software, hardware or

technology not provided by Company, if infringement would have been avoided in the absence of the combination, (b)

modifications to the Service not made by Company, if infringement would have been avoided by the absence of the

modifications, (c) use of any version other than a current release of the Service, if infringement would have been

avoided by use of a current release, or (d) any action or omission of Customer for which Customer is obligated to

indemnify Company under this Agreement. This Section 12(b) states the Company’s sole liability to, and the

Customer’s exclusive remedy against, the Company for any type of intellectual property infringement claim.

13. Advertising and Public Announcements. Neither party will use the other party’s name or marks, refer to or

identify the other party in any advertising or publicity releases or promotional or marketing correspondence to others

without such other party’s written approval. Notwithstanding the foregoing, Company may publish Customer’s name

as part of a publicly-available list of Company’s customers.

14. Relationship of the Parties. The parties are independent contractors with respect to each other, and nothing in this

Agreement shall be construed as creating an employer- employee relationship, a partnership, fiduciary, or agency

relationship or any association or joint venture between the parties.

15. Force Majeure. Except payment obligations, any delay in or failure of performance by a party under this

Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any

occurrence beyond the reasonable control of such party, provided that the party affected by such event will

immediately notify the other party and begin or resume performance as soon as practicable after the event has abated.

If the act or condition beyond a party’s reasonable control that prevents such party from performing any of its

obligations under this Agreement continues for thirty (30) days or more, then the other party may terminate

this Agreement immediately upon written notice to the non-performing party. Without limitation, act or condition

beyond Company’s reasonable control include all acts and omissions of Company’s service providers. In the event of

such termination by Customer, Company shall refund to Customer such fees for the terminated services that Customer

pre-paid to Company for the period following the effective date of termination, and shall also exercise commercially

reasonable efforts to provide Customer with reasonable opportunity to access the Services for the purpose of retrieving

User Data. In all other instances of delay or failures on the part of Company under this Section 15 (i.e. wherein

Customer does not or otherwise cannot terminate this Agreement pursuant to this Section 15), Customer shall not be

entitled to any service credit or refund.

16. Binding Effect; Assignment; Third Parties. The terms of this Agreement shall be binding on the parties and all

successors and permitted assigns of the foregoing. Customer may not assign, transfer or delegate its rights or

obligations under this Agreement (in whole or in part) without the Company’s prior written consent. Company

may freely assign, transfer or delegate its rights or obligations under this Agreement (in whole or in part)

without the Customer’s consent, and nothing shall prohibit Company from hiring qualified subcontractors to perform

any of the Services or Support Services, as provided herein. Any attempted assignment, transfer or delegation in

violation of the foregoing shall be null and void. This Agreement is intended for the sole and exclusive benefit of

the parties, is not intended to benefit any third party, and only the parties may enforce this Agreement.

17. Modification; Waiver. All modifications to or waivers of any terms of this Agreement (including any exhibit)

must be in a writing that is signed by the parties hereto and expressly references this Agreement. No waiver of any

breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of

the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an

authorized representative of the waiving party.

18. Governing Law. This Agreement and all actions arising out of or in connection with this Agreement shall be

construed under and governed by and interpreted in accordance with the laws of the State of California, without regard

to the conflicts of law provisions thereof.

19. Severability. In the event that any provision of this Agreement shall be held invalid, illegal, or

unenforceable by a court with jurisdiction over the parties to this Agreement, such invalid, illegal, or unenforceable

provision shall be deleted from the Agreement, which shall then be construed to give effect to the remaining

provisions thereof.

20. Notices. All notices, consents and approvals under this Agreement must be delivered in writing by

personal delivery, courier, express mail service, or by certified or registered mail, (postage prepaid and return receipt

requested) or by e-mail, with reasonable confirmation of receipt, to the other party at the address set forth on at the beginning

of this Agreement (in the case of Company) or the Order (in the case of Customer), or such other address as a party

may designate from time to time by written notice to the other party. Notice given by mail shall be effective five (5)

days after the date of mailing, postage prepaid and return receipt requested. Notice by personal delivery, courier

service, or express mail service shall be effective upon delivery.

21. Interpretation. This Agreement may be executed in counterparts, each of which will constitute an original, and

all of which will constitute one agreement. The section headings and captions in this Agreement are for convenience

of reference only and have no legal effect.

22. Entire Agreement. T h i s Agreement and the Privacy Policy constitute the entire agreement between the

parties with respect to the subject matter hereof and supersede all prior and contemporaneous oral or written

representations, agreements or communications, including, without limitation, any quotations or proposals submitted

by Company that are not shown in the Order or any policies or terms for the Services posted on www.securly.com

other than the Privacy Policy.

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SECURLY INC.

Privacy Policy

Effective Date: May 2018

Securly, Inc. (“we” or “us”) recognizes the importance of privacy. This Privacy Policy describes how we collect, store,

use and disclose information that we obtain about visitors to our website www.securly.com (the “Site”) and users of

our software and related services including the Securly Parent Portal, Plug n’ Play Hub, and mobile applications

(together, the “Services”) and how we use and disclose that information depending on the service or services you

subscribe to. For the purposes of this Privacy Policy, “you” and “your” refers only to you as the visitor to our Site or

user of our Services.

By using our Services, you agree that your personal information and aggregate or other non-personally identifying

information as applicable, will be handled as described in this Policy. Any personal information we collect about a

“student” or “students” including a “child” or “children under 13 years old will be treated in accordance with the

Securly COPPA Policy and our Terms of Use.

Use of the Services by you, and any dispute over privacy, is subject to this Policy, the COPPA Policy, and our Terms

of Service including its applicable limitations on damages and resolution of disputes. The Terms of Service are

incorporated by reference into this Privacy Policy.

Except as set forth in this Privacy Policy, your personal information will not be used for any other purpose without

your consent. We do not collect personal information through the Services for the purpose of selling such information.

You may withdraw your consent to our processing of your personal information at any time. However, withdrawing

consent may result in your inability to continue using some or all of the Services.

Information We Collect About You

Information we collect may be directly from you, from third parties such as your child’s school, and automatically

though your use of the Services. Such information may include, but is not limited to your name and your email

address.

Information We Collect Directly From You.

Such information may include, but is not limited to, a wide range of data and information that you may use to identify

your child, your name and email address, and your user name and password that you use to register or log into our

Services.

Information We Collect Automatically.

We may automatically collect information about your use of the Services through cookies, web beacons, and other

technologies.

How We Use Your Information

To provide, maintain, and improve our Services; to develop new features, products, or services; to perform

technical operations, such as updating software; and for other customer service purposes.

To tailor the content and information that we may send or display to you, and to otherwise personalize your

experiences while using Services.

To communicate with you about your account and use of our Services; to send you product or service, updates; to

respond to your inquiries; to provide you with news, special offers, promotions, and other information we think

may interest you; and for other informational, marketing, or promotional purposes. Our communications with you

may include communications via email. Please see our section regarding Your Choices for more information about

how to change your communications preferences. We do not use personal information to market to students or

children.

To analyze how you interact with our Services; to monitor and analyze usage and activity trends; and for other

research, analytical, and statistical purposes.

How We Share Your Information

The personal information we collect via the Services provided to schools is owned by schools, and will be disclosed to

the relevant schools. We use such personal information to provide the Services to the schools and operate our business.

We also may share information, including personal information, as follows:

Service Providers. We may disclose the information we collect from you to third party vendors, service providers,

contractors or agents who perform functions on our behalf including helping us provide you with the Services.

These third parties will be subject to contractual restrictions prohibiting them from using the information about our

users for any other purpose. Such agents or third parties do not have any rights to use personal information beyond

what is absolutely necessary to assist us.

Business Transfers. We may disclose information to another entity in connection with, including during

negotiations of, an acquisition or merger, sale or transfer of our assets, a, bankruptcy proceeding or as part of any

other similar business transfer.

In Response to Legal Process. We also may disclose the information we collect from you in order to comply with

the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others. We also may disclose the information we collect from you where we believe it is

necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving

potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in

litigation in which we are involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with

third parties for marketing, advertising, research or similar purposes.

Use of Cookies and Other Tracking Mechanisms

We and our third party service providers may use cookies, log files, Web beacons and other tracking mechanisms to

track information about your use of our Services. We and our third party service providers use cookies and other

tracking mechanisms to track information about your use of our Services. We may combine this information with

other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking

as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the

instructions in the Third Party Ad Network section.

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web

browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and

Services, while others are used to enable a faster login process or to allow us to track your activities at our Site and

Service. There are two types of cookies: session and persistent cookies.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser

options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your

computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to

disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but

some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function

to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly

on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services

to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site

usage. We and our third party service providers may also use clear GIFs in HTML e-mails to you, to help us track e-

mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our

Site and our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us

improve our Services, performance and user experiences. These entities may use cookies and other tracking

technologies to perform their services.

Geolocation Information. We may use geolocation information for the purpose of administering our Services to you.

We may also use geolocation information in a de-identified, anonymous manner to monitor and analyze use of the

Services, for the Services’ technical administration, and to increase the Services functionality.

Online Behavioral Advertising

We may work with third parties such as network advertisers to assist us in displaying advertisements on third-party

websites, and to evaluate the success of our advertising campaigns. We may use information about your visit to our

Site for these purposes; however, we do not use personal information collected from the Services for these purposes.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising

Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI

members and DAA members, and your choices regarding having this information used by these companies, including

how to opt out of ad networks operated by NAI and DAA members, please visit their respective

websites: www.networkadvertising.org/opt... (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks only means that those members no longer will

deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our

Services or other services. You may continue to receive advertisements, for example, based on the particular website

that you are viewing (i.e., contextual advertising). Also, if your browsers are configured to reject cookies when you

visit an opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your

NAI or DAA opt out may no longer be effective.

Security of Your Personal Information

The security of your personal information is important to us. We have implemented a security program to protect the

information we collect from loss, misuse, and unauthorized access, disclosure, alternation, and destruction. Our

security measures are designed to protect personal information, to limit the dissemination of personal information to

only designated staff or third party vendors as is reasonably necessary to the provision of Services.

Please note that you are also responsible for helping to protect the security of your personal information. For instance,

never give out your personal credentials when you are using the Services, so that other people will not have access to

your personal information. Furthermore, you are responsible for maintaining the security of any personal computing

device on which you utilize the Services. We are not responsible for any lost, stolen, or compromised passwords or for

any activity on your account via unauthorized password activity.

Your Choices

Correcting or Deleting Personal Information. You may modify personal information that you have submitted by

logging into your account and updating your profile information including your user name and password. Please note

that we may retain certain information about you as required by law or as permitted by law for legitimate business

purposes (e.g., in accordance with our record retention policies or to enforce our Terms of Service).

Opting out of Email Communications. We may send periodic promotional or informational emails to school and parent

users. You may opt- out of such communications by following the opt-out instructions contained in the e-mail. Please

note that it may take up to 10 business days for us to process opt-out requests. If you opt- out of receiving emails about

recommendations or other information we think may interest you, we may still send you e-mails about your account or

any Services you have requested or received from us.

Children Under 13

Our COPPA Policy describes our processes with respect to the personal information collected from children and

students under 13 via the Services.

Retention

We will keep personal information only for as long as it remains necessary for the identified purpose or as required by

law. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such

as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. Please note that if

you request that personal information be removed from our databases, it may not be possible to completely delete all

information due to technological and legal constraints. All retained personal information will remain subject to the

terms of this Privacy Policy.

Contact Us

If you have any questions, comments, concerns or suggestions about the privacy aspects of our Services or would like

to make a complaint, please contact:

Vinay Mahadik

Privacy Director

Securly, Inc.

111 N. Market Street, 4th floor, Suite 400

San Jose, California 95113

United States

[email protected]

1 (855) 732-8759 (ext. 101)

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please

be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this

Policy that materially affect our practices with regard to the personal information we have previously collected from

you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or

make other appropriate notice.


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https://www.securly.com/privacy

Kings County Office of Education New Educator Support Services

New Teacher Induction (NTI) Program

AGREEMENT A. General

In accord with recent state statutory changes, the Federal Reauthorization of Every Student Succeeds Act, as well as California’s other current educational reform efforts, it is the goal of the Kings County Office of Education (KCOE) to coordinate and provide high quality New Educator Support Services to our local districts and educators in effort to improve educational practice and support retention of new teachers within the county. As a part of our New Educator Support Services program offerings, KCOE will provide a New Teacher Induction (NTI) program that will replace what was previously our countywide “Beginning Teacher Support and Assessment (BTSA) Consortium”. The KCOE NTI program will provide thoughtful, research-based, locally personalized professional development, collaboration, mentorship and other supports to participating districts’ new and beginning teachers, while continuing to evolve the program in alignment with teacher induction requirement and guideline changes as determined by the California Department of Education (CDE) and the California Commission on Teacher Credentialing (CCTC).

B. Parameters

This Agreement is entered between the Kings County Office of Education (hereafter, “KCOE”), and Central Union Elementary School District (hereafter, “the DISTRICT”) to implement the New Teacher Induction (NTI) program.

The effective dates for this Agreement are July 1, 2020 through June 30, 2021.

Contract and monitoring responsibilities for the Agreement rest with KCOE. If modifications are necessary during the duration of this Agreement, they will be added to this document by mutual agreement of both parties.

C. Purpose

The purpose of this Agreement is to establish a formal working relationship between the parties to this agreement and to set forth the operative conditions which will govern participation in the NTI program. KCOE and the DISTRICT agree to form a partnership in providing and coordinating services as part of the KCOE New Teacher Induction program (NTI) as outlined in this Agreement.

D. Responsibilities

KCOE agrees to:

a. Employ staff adequate to coordinate and implement the NTI program, including a designated Coordinator/Director with primary program responsibilities to perform lead services, and support staff to provide for the clerical and support needs of the program.

b. Provide work space for NTI staff, meeting space and supplies for program activities.

c. Establish and maintain accurate records and reports required by the program; maintain a confidential file, as necessary and required by the program, to store information on “Candidates” involving individual progress through the program in accord with all applicable data privacy and records retention laws and policies.

d. Maintain a high quality California Commission on Teacher Credentialing (CCTC) and California Department of Education (CDE) approved Teacher Induction Program, aligned to CSTPs and best practices, including accreditation, as applicable.

e. Supply to the CCTC and the CDE reports and other information as requested on all matters related to program requirements and activities.

f. Coordinate and convene the “Advisory Committee”, and develop other administrative processes as required by the CCTC and/or CDE.

g. Provide “Candidates” appropriate professional development opportunities designed to support them in meeting their Induction requirements for earning a professional clear credential.

The DISTRICT agrees to:

a. Appoint a district coordinator who will facilitate district general responsibilities as described herein and act as the KCOE NTI “Advisory Committee” member.

b. Keep informed about activities and requirements of the KCOE NTI program by reviewing written materials such as the handbook and communication with KCOE’s NTI staff as necessary, disbursing and coordinating with applicable District staff as needed.

c. Notify each eligible teacher of his/her responsibility to enter a professional Teacher Induction program at the point-of-hire. Identify and recommend eligible new teachers to participate in the KCOE NTI Program according to the program standards as defined by CCTC mandates.

d. Select and provide veteran teachers to serve as “Mentors” to “Candidates”. Qualifications for mentors must include but are not limited to:

Possession of a Clear Teaching Credential for a minimum of 3 years

Minimum of 3 years effective teaching experience

Knowledge of the context and the content area of the candidate’s teaching assignment

Knowledge of the current context of public schooling including the California adopted P-12 content standards, frameworks, and accountability systems

Knowledge of diversity in society, including diverse abilities, culture, language, ethnicity, and gender orientation

Commitment to professional learning and collaboration

Ability, willingness and flexibility to meet candidate needs for support, which includes mentoring as specified in the KCOE New Teacher Induction Handbook

Understanding of and adherence to the confidentiality between mentor and candidate

Demonstration of effective professional practices in teaching and learning, scholarship, and service

e. Appropriately match “Candidates” with “Mentors”, preferably at the same site, subject matter/grade level taught, and relevant experience. “Mentors” will be assigned to a “Candidate” within 30 days of the candidate’s enrollment in the program.

f. Appropriately match “Candidates” with “Mentors” with like credentials.

g. Ensure “Candidates” and/or “Mentors” attend scheduled NTI trainings as well as provide the necessary release time required to support the design of the program, including time to meet with their “Mentors” (at least 1 hour per week or a minimum of 40 hours per year) and to observe/visit exemplary veteran teachers in their classrooms as required by the program.

h. Assume financial responsibility for substitute costs for “Candidates” and “Mentors” to attend professional development and trainings if needed.

All candidates in the NTI program are able to attend any KCOE training free of charge. However, if candidate registers and doesn’t attend without proper cancellation notice, the district will be held responsible for training cost.

i. Understand that the Individualized Learning Plan (ILP) is designed and implemented solelyfor the professional growth and development of the new teacher candidate and not forevaluation for employment purposes.

j. Provide Professional Learning specific to “Candidate” needs based on their NTIIndividualized Learning Plan.

k. Ensure all District and Site administrative staff will respect the confidentiality between the“Mentor” and the “Candidate”. NTI program activities, support, and assessment will not beconsidered in District teacher evaluation, merit pay, salary increases, promotions, orsanctions.

l. Ensure that Site Administrator will:

Provide opportunities for the “Mentor” and the “Candidate” to meet in a private placeto interact;

Provide site orientation activities for all “Candidates” designed to inform them of siteresources, personnel, procedures, policies, and other appropriate information;

Understand and agree that the activities of the KCOE NTI program can play no partin the formal evaluation process of any “Candidate”.

Attend Site Administrator Orientation

Participate in writing of Candidates’ ILP

m. Participate in formal and informal evaluations of the Kings County NTI program via surveys.

n. Submit payment of $4000.00 per “Candidate” to KCOE for 2020-2021. (Fee for Service/CostRecovery Model: fee structure for subsequent years can vary annually dependent uponenrollment of “Candidates”.) Fee for Early Completion Option is $5000.00.

o. Assume full financial responsibility for any “Mentor” stipends or service payments asdetermined by the District.

E. Other Conditions

Any and all products developed by the KCOE NTI Program are the exclusive property of theKCOE. School districts, their employees, staff, and subcontractors shall not have the right todisseminate, market, or otherwise use the products without the expressed written permission ofKCOE.

F. Program Participation

□ Central Union Elementary School District will remain part of KCOE’s NTI program for the

2020-2021 academic school year.

□ Central Union Elementary School District is withdrawing from KCOE’s NTI program for the

2020-2021 academic school year.

KINGS COUNTY SUPERINTENDENT OF SCHOOLS: CENTRAL UNION ELEMENTARY SCHOOL DISTRICT:

By: ____________________________ By: ____________________________ Signature of Authorized Official Signature of Authorized District Official Kings County Superintendent of Schools School District

Name: Todd Barlow Name: _____________________________

Title: County Superintendent of Schools Title: _____________________________

Date: _______________________________ Date: _____________________________

Thomas Addington

Superintendent

June 25, 2020

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LEA Medi-Cal Direct Billing Program OptiServices Contract This Agreement is made this __ day of ______, 2020, between MEDICAL BILLING TECHNOLOGIES, INC, hereinafter called “MBT” and CENTRAL UNION ELEMENTARY SCHOOL DISTRICT, hereinafter called “CLIENT”. This Agreement states the terms and conditions under which MBT will provide services on behalf of CLIENT under the Local Education Agencies (LEA) Medi-Cal Billing Option Program. 1. MBT Responsibilities: MBT shall provide the following services to CLIENT:

a. If not already completed, MBT will assist CLIENT in completing its application with the Department of Health Care Services (DHCS) to become a Medi-Cal provider, and track progress of enrollment to activation.

b. Work with CLIENT’s designated LEA Coordinator. c. Complete analysis of CLIENT’s LEA Medi-Cal Billing Option Program and conduct annual

strategic planning, assisting CLIENT to incorporate best practices to optimize reimbursement opportunities.

d. Provide recommended billing tools and access to online claims entry application for submission of LEA Medi-Cal claims.

e. Upon commencement of services, and monthly thereafter, submit CLIENT’s student enrollment data to Medi-Cal for purposes of Medi-Cal’s determination whether the student is eligible for Medi-Cal, and provide CLIENT the results of Medi-Cal’s eligibility determination.

f. Provide access to quarterly reports to inform CLIENT of status of achievement of strategic plan.

g. Assist in the development and implementation of prescriptions, protocols, and referral procedures.

h. Provide practitioner LEA billing training and training materials to enable CLIENT personnel and contractors to successfully complete documentation necessary for submission of LEA Medi-Cal Billing Option Program claims. In providing such training MBT does not provide legal advice but relies on guidelines published by DHCS. MBT is not responsible for any change in DHCS guidelines, changes in State or Federal laws, rules, or regulations, or any change in DHCS interpretation of State or Federal laws, rules, or regulations or its own guidelines.

i. As directed by CLIENT, MBT will submit CLIENT’s LEA Medi-Cal Billing Option Program billing via electronic transmission within forty-five (45) business days of receipt of all necessary data from CLIENT, properly completed and certified by CLIENT.

j. Track and follow up with practitioners to assure claims are submitted in a timely manner in order to optimize reimbursements.

k. Provide assistance to CLIENT in the event of a DHCS audit. The form of such assistance shall be solely at the discretion of MBT.

l. Comply with federal Family Educational Rights and Privacy Act (FERPA) regulations. Standards for electronic submissions and firewalls have been instituted to block entry into the MBT server and protect against internet attacks. The MBT network server is contained in a secure data center; all unused confidential information is shredded. All MBT staff is trained in HIPAA/FERPA regulations and is required to sign a statement of confidentiality. Student information sent from MBT to CLIENT will be encrypted and password protected.

m. At CLIENT’s request, MBT will provide Cost Reimbursement Comparison Schedule (CRCS) completion services to CLIENT in compliance with current program regulations. CLIENT shall be responsible for providing necessary fiscal reports to MBT upon request and in a timely manner, according to instructions developed by MBT.

n. Grant CLIENT a non-exclusive, non-transferable, worldwide right to use the HOSTED SERVICE (defined herein as MBT’s online service accessed at a web site or IP address designated by MBT) as more fully set forth in Section 3 herein.

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2. Client Responsibilities: CLIENT shall do and perform each of the following:

a. Register and become an authorized LEA Medi-Cal provider under the rules of the Department of Health Care Services (DHCS).

b. Designate an LEA Program Coordinator. c. Provide to MBT on a quarterly basis, and more often if requested by MBT, complete district

enrollment data which shall include the students’ names, birth dates and gender for purposes of verifying Medi-Cal eligibility with DHCS, and all information required to bill for CLIENT any LEA Medi-Cal or other health covered student, including but not limited to a complete list of students with IEP’s in place, a complete list of students with Individual Health Service plans in place, and a list of students CLIENT has determined qualify for specialized medical transportation through the LEA Medi-Cal Billing Option Program.

d. Determine whether the services provided to students are eligible for reimbursement through the LEA Medi-Cal Billing Option Program and so advise MBT.

e. Fully and accurately complete and submit billing using MBT’s OptiClaim software or electronic upload. Billing forms must include student name, date of birth, date of service, service provided, length of service (when applicable) location of the service, and the practitioner's name.

f. Maintain all LEA Medi-Cal Billing Option Program billing documentation as required by State and Federal laws, rules, and regulations for audit purposes and for such period of time as required by State and Federal laws, rules, and regulations.

g. Provide access by MBT staff to CLIENT’S practitioners and ensure reasonable availability of practitioners for follow up activities.

h. Assure CLIENT administration support of practitioner participation in the LEA Medi-Cal Billing Option Program and encourage and emphasize the importance of practitioner involvement in such Program.

i. Comply with all rules and regulations of DHCS and other applicable government agencies pertaining to providing services, recordkeeping, and retention for the LEA Medi-Cal Billing Option Program.

j. If MBT is providing CRCS completion services to CLIENT, Client shall provide all necessary documents and records to MBT necessary to complete the CRCS within 60 days of MBT’s request each year.

k. If MBT is providing Medi-Cal Administrative Activities (MAA) quarterly invoicing services to CLIENT, CLIENT shall provide all necessary documents and records to MBT necessary to complete the MAA invoice within 60 days of MBT’s request. Such documents and records shall be provided to MBT in a format consistent with MBT’s systems requirements.

l. Execute such other and further documents, including the annual report, as may be required by DHCS in order to carry out the purpose of this Agreement.

m. CLIENT is responsible for all activity occurring under CLIENT user accounts in the HOSTED SERVICE and will abide by all applicable laws, treaties and regulations in connections with its use of the HOSTED SERVICE.

3. HOSTED SERVICE License Grant & Restrictions: MBT hereby grants CLIENT a non-

exclusive, non-transferable worldwide right to use the HOSTED SERVICE, solely for CLIENT’s own internal business purposes, subject to the terms and conditions set forth in this Agreement.

a. CLIENT agrees not to: (i) license, sublicense, sell, resell, transfer, assign, distribute or

otherwise make available to any third party the HOSTED SERVICE: (ii) modify or make derivative works based upon the HOSTED SERVICE; or (iii) reverse engineer the HOSTED SERVICE.

b. CLIENT will not: (i) knowingly send or store infringing, obscene, libelous or otherwise

unlawful or tortious material to the HOSTED SERVICE; (ii) knowingly send or store material containing viruses, worms, Trojan horses or other harmful computer code, files or programs

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to or from the HOSTED SERVICE; (iii) knowingly interfere with or disrupt the integrity or performance of the HOSTED SERVICE; (iv) attempt to gain unauthorized access to the HOSTED SERVICE or its systems or networks; or (v) use the HOSTED SERVICE in violation of applicable law.

c. CLIENT DATA (defined herein as any data, information, or material provided by CLIENT to the HOSTED SERVICES): MBT does not own any CLIENT DATA. CLIENT DATA is CLIENT’s proprietary and confidential information and will not be accessed, used or disclosed by MBT except as set forth in this Agreement, and except for the limited purpose of supporting CLIENT’s use of the HOSTED SERVICE. CLIENT has sole responsibility for the accuracy, legality, reliability, and intellectual property ownership to use the CLIENT DATA.

i. Transmission of CLIENT DATA: Client shall transfer CLIENT DATA to MBT by use of a secure server through the MBT website, or through CLIENT’s secure server. CLIENT shall not email CLIENT DATA to MBT. MBT shall not be liable or responsible for any breach of CLIENT DATA sent via an unsecured serve.

d. Intellectual Property Ownership: MBT owns all right, title and interest, including all related

INTELLECTUAL PROPERTY RIGHTS (defined herein as patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, derivations thereof as well as other forms of protection of a similar nature), in and to the MBT TECHNOLOGY (defined herein as all MBT proprietary technology made available to CLIENT in providing the HOSTED SERVICE), CONTENT (defined herein as the information, documents, software, products, and services made available to CLIENT), and the HOSTED SERVICE. This Agreement is not a sale and does not convey any rights of ownership in the HOSTED SERVICE.

4. Payment: CLIENT shall pay to MBT as compensation:

❏ A flat rate of $100.00 per month, to be paid within 30 days of receipt of monthly invoice; or

❏ An annual lump sum of $1,080.00, payable within 30 days of receipt of invoice (representing

an annual discount of ten percent (10%).

CLIENT’s payment selection shall be evidenced by the checking of the box next to the option selected above. MBT may continue to invoice for services with service dates from previous years according to that year’s agreement. As program regulations evolve and change, MBT evaluates its pricing structure to ensure it provides CLIENT services at the most reasonable cost to CLIENT. The following fees will be charged for additional services provided at the specific request of CLIENT:

a. Occupational Therapy Prescriptions, Physical Therapy Prescriptions, Mental Health Referrals, Doctors Orders (hereinafter collectively “ORP”) and Speech Protocols:

At CLIENT’s request, MBT will electronically process any necessary ORP for any Occupational Therapy services, Physical Therapy services, Mental Health services and Nursing services that the CLIENT provides to students. CLIENT will pay MBT $100.00 for each ORP processed by MBT’s contracted Physician/Licensed Provider, whether the Physician/Licensed Provider approves the ORP or not.

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CLIENT will pay MBT $50.00 for each ORP processed by CLIENT’s contracted Physician/Licensed Provider, whether the Physician/Licensed Provider approves the ORP or not. At CLIENT’s request, MBT will process a referral for a physician signed speech protocol in compliance with current program regulations. CLIENT will pay MBT $500.00 for each speech protocol processed by MBT’s contracted Physician, whether the physician approves the protocol or not. Rate schedules are subject to change upon thirty (30) days written notice to CLIENT. CLIENT may withdraw its request for MBT to process ORP’s and physician signed speech protocols without affecting the other terms of this contract.

b. CRCS Completion Services: If CLIENT elects to have MBT provide CRCS completion services to CLIENT, CLIENT shall pay to MBT $50.00 per practitioner included in the report, but not less than $250.00 and not more than $5,000.00 for the completion of each annual CRCS report.

If recalculation of CRCS is required, CLIENT shall pay to MBT $25.00 per practitioner included in the recalculated report, but not less than $125.00 and not more than $2,500.00 for the completion of the recalculated CRCS report. If MBT is not the sole biller for CLIENT and CLIENT elects to have MBT provide CRCS completion services to CLIENT, CLIENT shall pay to MBT $75.00 per practitioner included in the report, but not less than $500.00 and not more than $10,000.00 for the completion of each annual CRCS report.

c. MAA Invoicing Services:

If CLIENT elects to have MBT provide MAA invoicing services to CLIENT, CLIENT shall pay to MBT $25.00 per quarter per participant included on each invoice, but not less than $250.00 per quarter and not more than $5,000.00 per quarter for the completion of each MAA invoice. d. Changes After Submission of Billing: If CLIENT or CLIENT’s providers request changes after MBT’s initial submission of LEA Medi-Cal Billing Option Program billings, at CLIENT’s request MBT shall prepare and submit the Claims Inquiry Form (“CIF”) to DHCS to process such change. Because submission of the CIF is labor-intensive, CLIENT shall pay to MBT Ten Dollars ($10.00) per claim submitted. No fee will be charged where the change requested is due to an error on the part of MBT.

5. Late Fees: CLIENT agrees to pay all sums due MBT under this contract within 30 calendar days

of receipt of an invoice for services from MBT. CLIENT will incur a late fee of one and one-half percent (1.5%) per month on amounts unpaid for more than sixty (60) days past the date of invoice.

CLIENT shall, upon request, provide to MBT a copy of all documents and checks received from DHCS evidencing all sums received as a result of the services of MBT. CLIENT shall make all such records available to MBT at reasonable times. MBT shall have the right to audit the records of CLIENT pertaining to LEA Medi-Cal billing.

6. Document Management: MBT shall retain in electronic form copies of all LEA Medi-Cal Billing Option bills submitted for CLIENT for a period of five (5) years after the date of submission or

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such other period as required by law. MBT, upon request, will provide to CLIENT printed copies of such bills. MBT, upon request, shall return to CLIENT all billing forms and other documents provided to MBT for billing purposes. CLIENT shall reimburse MBT for the cost of all containers and for the cost of packing and shipping such documents and records. CLIENT shall retain all such documents and records for at least five (5) years from the date of service or such other duration as may be required by State and Federal laws, rules, and regulations.

7. Confidentiality Agreement: All statistical, financial, student and other data relating to the LEA Medi-Cal Billing Option Program billing and the identity of Medi-Cal eligible students shall be held in strict confidence by the parties hereto. The foregoing obligation does not apply to any data that has become publicly available or that is not required to be kept confidential.

The data provided to MBT by the CLIENT will be used for the sole purpose of performing billing for the LEA Medi-Cal Billing Option Program. MBT is responsible to abide by The Health Insurance Portability and Accountability Act (HIPAA) and The Family Educational Rights and Privacy Act (FERPA) and will not share the CLIENT’s data with third-party entities except as permitted and required for the LEA Medi-Cal Billing Option Program.

8. Insurance: MBT shall, at MBT’s expense, obtain and keep in force during the term of this Agreement a policy of Professional Liability for Professional Services Error in the amount of Two Million Dollars ($2,000,000.00).

9. Mutual Indemnification and Limitation of Liability:

a. CLIENT will indemnify, defend, and hold MBT, and each such party’s affiliates, officers,

directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (i) a claim by a third party alleging that use of the CLIENT DATA infringes the INTELLECTUAL PROPERTY RIGHTS of a third party; provided in any such case that MBT (a) promptly gives CLIENT written notice of the claim; (b) gives CLIENT sole control of the defense and settlement of the claim; and (c) provides CLIENT all available information and assistance.

b. MBT will indemnify, defend and hold CLIENT and CLIENT affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (i) any breach of confidentiality of CLIENT DATA due to the negligence of MBT or its employees or agents, and (ii) a claim by a third party alleging that the HOSTED SERVICE directly infringes an INTELLECTUAL PROPERTY RIGHT of a third party; provided that CLIENT (a) promptly gives written notice of the claim to MBT; (b) gives MBT sole control of the defense and settlement of the claim; and (c) provides MBT all available information and assistance. MBT’s aggregate liability under this subsection (b) of Section 9 is limited to the coverage actually afforded by MBT’s insurance policy referred to in Section 8 of this Agreement.

c. MBT will use due care in processing the work of the CLIENT based on CLIENT’s submission of billing information and CLIENT’s determination of eligibility for reimbursement by the LEA Medi-Cal Billing Option Program. MBT will be responsible for correcting any errors which are due to the machines, operators, or programmers of MBT. Such errors shall be corrected at no additional charge to CLIENT. MBT does not guarantee State or Federal approval of billings submitted, and MBT shall not be liable or responsible to CLIENT for DHCS interpretation of State and Federal laws, rules, and regulations, or for changes to State and Federal laws, rules, and regulations, or for claims that are questioned or denied by DHCS or any other State of Federal governmental agency. MBT shall have no liability for CLIENT’s inability to provide proper source documentation, including but not limited to Provider records, IEPs, Health Service Plans, and other supporting documentation, to DHCS or any other State or Federal governmental agency.

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d. Except as specifically set forth in Section 9, subsection (b) of this Agreement, in no event

shall MBT’s liability for any and all claims against MBT under this Agreement, in contract, tort, or otherwise, exceed the total amount of the fees paid by CLIENT to MBT during the contract term in issue, and MBT shall not be liable under any circumstances for any special, consequential, incidental, punitive, or exemplary damages arising out of or in any way connected with this Agreement.

10. Contract Duration and Termination: The term of this Agreement shall commence upon

execution of this contract and continue for a period of five (5) school years, through June 30, 2024 (“Termination Date”). On or before March 30 of each school year either party may terminate this Agreement for the upcoming school year by written notice to the other party. CLIENT’s access to MBT’s OptiClaim software shall cease upon termination or nonrenewal of this Agreement except as specifically set forth herein. This Agreement may be terminated at any time upon mutual agreement of the parties. In addition, the Agreement shall automatically terminate if CLIENT’s participation in the LEA Medi-Cal Billing Program terminates. Additionally, any breach of CLIENT’s payment obligations or unauthorized use of HOSTED SERVICES will be deemed a material breach of this Agreement. MBT may terminate the Agreement, CLIENT account, or CLIENT’s use of the HOSTED SERVICE if CLIENT commits a material breach of this Agreement or otherwise fails to comply with this Agreement, and such breach has not been cured within ten (10) days after notice of such breach. In the event of termination prior to the completion of any school year, MBT shall not be required to provide CRCS completion services to CLIENT for the school year in progress.

11. Submittals after Termination: MBT shall, for a period of up to six months after the end of the school year in progress on the date of termination, continue to accept submittals from CLIENT for services provided by CLIENT through the end of the school year in progress on the date of termination, and shall submit billings for such services provided by CLIENT to DHCS for reimbursement. During the period set forth herein CLIENT shall have continued access to MBT’s OptiClaim software. MBT shall continue to submit invoices to CLIENT for such billings per the payment schedule set forth in Section 4 above. Any submittals received by MBT from CLIENT for services provided in the school year following the date of termination shall be returned to CLIENT and shall not be processed by MBT for reimbursement.

12. Notices: Notices affecting contract terms between the parties shall be in writing and shall be deemed given when (i) personally delivered to the party to whom it is directed; or (ii) five (5) days after deposit in the United States mail, postage prepaid, return receipt requested, addressed to: MBT CLIENT Medical Billing Technologies, Inc. Central Union Elementary School District Attn: Reid Stephens, President 15783 18th Avenue P.O. Box 709 Lemoore, CA. 93245 Visalia, CA 93279

13. Copyrights: CLIENT acknowledges and agrees that all manuals and forms (“MBT Documents”) provided to CLIENT by MBT shall remain the property of MBT and shall not be duplicated, copied in any manner and access to MBT Documents shall be restricted to employees of CLIENT who need to use MBT Documents in order to satisfy CLIENT’S obligations under this Agreement, without the prior written consent of MBT. All computer programs and materials, including, but not limited to, electronic devices, and the information contained therein are, and shall remain, the property of MBT.

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14. Other Documents: The parties hereto agree to execute such other and further documents as

may be necessary or required by the DHCS to authorize MBT to perform billing services on behalf of CLIENT.

15. Representations: Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in

writing, between the parties with respect to MBT providing LEA Medi-Cal billing services to CLIENT and contains all of the covenants and agreements between the parties with respect to such billing services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise with respect to MBT billing services not contained in this Agreement shall be valid or binding.

17. Modification: This Agreement may be amended or modified at any time with respect to any

provision by a written instrument executed by all parties. 18. Law Governing Agreement: This Agreement shall be governed by and construed in

accordance with the laws of the State of California. 19. Mediation and Arbitration: Any dispute arising under this Agreement shall first be addressed

through mediation. If a dispute arises, either party may demand mediation by filing a written demand with the other party. If the parties cannot agree upon a neutral mediator, each party, within twenty (20) days after the parties fail to agree on one mediator, at its own cost shall appoint one mediator and those mediators shall select an impartial mediator to conduct the mediation. The parties shall equally share the cost of the mediator conducting the mediation.

If the parties are unable to resolve any dispute through mediation as set forth herein, or if any party fails to respond to a demand for mediation, all questions and disputes with respect to the rights and obligations of the parties arising under the terms of this Agreement shall be resolved by binding arbitration. Any party may demand arbitration by filing a written demand with the other party. If the parties cannot agree on one arbitrator, each of the parties, within twenty (20) days after the parties fail to agree on one arbitrator, at its own cost, shall appoint one arbitrator and those arbitrators shall select an impartial arbitrator to conduct the arbitration. Should a party refuse or neglect to join in the arbitrator or to furnish the arbitrator with any papers or information demanded, the arbitrator may proceed ex parte.

A hearing on the matter to be arbitrated shall take place before the arbitrator in the County where CLIENT is located, State of California. The arbitrator shall select the time and place promptly and shall give each party written notice of the time and place at least ninety (90) days before the date selected. The parties shall be entitled to conduct discovery by agreement or by order of the arbitrator. Each party may present any relevant evidence at the hearing. The formal rules of evidence applicable to judicial proceedings shall not govern. Evidence shall be admitted or excluded in the sole discretion of the arbitrator. The arbitrator shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.

The parties shall share equally the expense of arbitration, and each party shall bear its own attorney fees and costs incurred in connection with the arbitration.

The arbitrator’s decision shall be binding and conclusive on the parties. A judgment confirming the award may be given by any Superior Court having jurisdiction.

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CENTRAL UNION ELEMENTARY SCHOOL DISTRICDT

By________________________________ Dated: ___________________ Authorized Signature

________________________________ (Printed name)

________________________________ (Printed Title)

MEDICAL BILLING TECHNOLOGIES, INC.

By_________________________________ Dated: ____________________ Reid Stephens, President

tom

Typewritten Text

Thomas Addington

tom

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Superintendent - Central Union Elementary School District

tom

Typewritten Text

July 13, 2020

For more information www.harrisschoolsolutions.com | 1.866.450.6696 © 2017, Harris School Solutions. All rights reserved.

1 Quotation for Additional Licenses

June 8, 2020

From: Chastity Vore

Harris School Solutions | 2429 Military Road, Suite 3 | Niagara Falls | NY | 14304

To: CEN912 – Central Union School District

15783 18th Avenue | Lemoore | CA | 93245

Dear: Central Union School District

This Quoting Document between Central Union School District (“Purchaser”) and N. Harris Computer

Corporation confirms the quotation for the following Software Products, Annual Support and

Maintenance, Professional Services, and/or Hardware, as listed below. This quote is valid for thirty (30)

days from the date of this notice. All invoices for annual maintenance are subject to the Annual Software

Support Maintenance Terms & Conditions, which can be found at: https://support.harriscomputer.com.

Place an “X” next to the appropriate selection:

Selection (“X”)

Description Notes Unit Price

Total Annual Maintenance Cost

PLOA002: Online Applications 0-200

*To add 200 additional online applications for EZMealApp

$300.00 N/A

PLOA005: Online Applications 201-500

*To add 500 additional online applications for EZMealApp

$500.00 N/A

PLOA010: Online Applications 501-1,000

*To add 1,000 additional online applications for EZMealApp

$750.00 N/A

PLOA015: Online Applications 1,001-1,500


$975.00 N/A



$1,500.00 N/A



$1,650.00 N/A



$2,500.00 N/A



$3,120.00 N/A



$3,400.00 N/A



$4,950.00 N/A

https://support.harriscomputer.com/

For more information www.harrisschoolsolutions.com | 1.866.450.6696 © 2017, Harris School Solutions. All rights reserved.

2 Quotation for Additional Licenses

**This agreement excludes freight, state, local, and federal taxes. These are due and payable by the Purchaser, where

applicable**

Best regards,

Chastity Vore Senior Team Lead, Support Services

E: [email protected]

P: 877-387-4846 x 417

In signing this agreement in the space provided below, the Purchaser acknowledges their acceptance of the

purchase and agree with the terms of this sale as set forth above.

Once signed, please email this document to N. Harris Computer Corporation: [email protected]

Authorized Signature

Printed Name

Title

Date

**None of the information provided on this quoting document is intended, nor may it be interpreted, to

vary or modify in any way the terms and conditions, including prices, contained elsewhere in this Quote or

in the applicable Terms & Conditions established at https://support.harriscomputer.com.

**An invoice will be generated separately, once the approved quotation is received. Please do not issue

payment until invoice is received.

Thomas Addington

Superintendent

June 8, 2020

https://support.harriscomputer.com/

Page 1 of 1Fiscal Position ReportJune 2020

YTD Amount % Remain

% of

Budget

Working

Budget

11 Central Union Elementary School District

Restricted

June Amount

7/7/2020 12:54:41PMFiscal Year: 2020

Fund: 0100 General Fund

Requested by wjones

BEGINNING BALANCE

$308,951.45 Net Beginning Balance 9791-9795 $165,135.45

REVENUES

$589,154.67 2) Federal Revenues 8100-8299 $644,281.95 $7,897.70 91.44 8.56

$199,623.49 3) Other State Revenues 8300-8599 $1,244,625.00 $45,055.22 16.04 83.96

$517,943.15 4) Other Local Revenues 8600-8799 $559,788.15 $7,500.00 92.52 7.48

5) Total, Revenues $60,452.92 53.36 46.64 $1,306,721.31 $2,448,695.10

EXPENDITURES

$906,480.67 1) Certificated Salaries 1000-1999 $912,805.97 $70,685.31 99.31 0.69

$510,006.11 2) Classified Salaries 2000-2999 $495,327.00 $43,151.56 102.96 (2.96)

$502,873.69 3) Employee Benefits 3000-3999 $1,399,141.00 $25,388.32 35.94 64.06

$164,733.94 4) Books and Supplies 4000-4999 $246,775.80 $8,305.57 66.75 33.25

$809,629.00 5) Services, Oth Oper Exp 5000-5999 $748,350.34 $34,652.79 108.19 (8.19)

$58,915.05 6) Capital Outlay 6000-6999 $264,751.75 $0.00 22.25 77.75

$7,948.08 7) Other Outgo(excl. 7300`s) 7100-7499 $200,133.00 $554.56 3.97 96.03

9) Total Expenditures $182,738.11 69.38 30.62 $2,960,586.54 $4,267,284.86

OTHER FINANCING SOURCES/USES

1) Transfers

$0.00 B) Transfers Out 7610-7629 $64,914.00 $0.00 0.00 100.00

$0.00 3) Contributions 8980-8999 $1,863,784.94 $0.00 0.00 100.00

4) Total, Other Financing Sources/Uses $0.00 0.00 100.00 $0.00 $1,798,870.94

NET INCREASE (DECREASE) IN FUND BALANCE

ENDING FUND BALANCE

($122,285.19) ($1,653,865.23) ($19,718.82)

($1,344,913.78) $145,416.63


YTD Amount % Remain

% of

Budget

Working

Budget


Unrestricted

June Amount

7/7/2020 12:56:29PMFiscal Year: 2020

Fund: 0100 General Fund

Requested by wjones

BEGINNING BALANCE

$9,878,276.62 Net Beginning Balance 9791-9795 $9,874,306.65

REVENUES

$14,932,931.99 1) LCFF Sources 8010-8099 $16,780,538.00 $0.00 88.99 11.01

$7,691,187.42 2) Federal Revenues 8100-8299 $7,790,049.78 ($191,705.05) 98.73 1.27

$428,122.71 3) Other State Revenues 8300-8599 $465,591.78 $50,425.97 91.95 8.05

$239,386.52 4) Other Local Revenues 8600-8799 $500,924.50 ($7,156.13) 47.79 52.21

5) Total, Revenues ($148,435.21) 91.21 8.79 $23,291,628.64 $25,537,104.06

EXPENDITURES

$10,558,629.08 1) Certificated Salaries 1000-1999 $10,462,743.95 $956,924.39 100.92 (0.92)

$3,142,601.91 2) Classified Salaries 2000-2999 $3,402,115.73 $274,851.19 92.37 7.63

$5,557,588.53 3) Employee Benefits 3000-3999 $5,863,762.56 $290,715.38 94.78 5.22

$734,917.92 4) Books and Supplies 4000-4999 $971,235.48 $74,122.01 75.67 24.33

$1,922,176.55 5) Services, Oth Oper Exp 5000-5999 $2,448,805.95 $108,343.41 78.49 21.51

$39,991.45 6) Capital Outlay 6000-6999 $149,272.84 $0.00 26.79 73.21

$71,420.00 7) Other Outgo(excl. 7300`s) 7100-7499 $78,485.00 $0.00 91.00 9.00

9) Total Expenditures $1,704,956.38 94.23 5.77 $22,027,325.44 $23,376,421.51


1) Transfers

$269,365.35 A) Transfers In 8910-8929 $303,182.00 $0.00 88.85 11.15

$782.20 B) Transfers Out 7610-7629 $455,000.00 $782.20 0.17 99.83

$0.00 3) Contributions 8980-8999 ($1,863,693.53)$0.00 0.00 100.00

4) Total, Other Financing Sources/Uses ($782.20) (24.44) 124.44 $268,583.15 ($2,015,511.53)


ENDING FUND BALANCE

($1,854,173.79) $1,532,886.35 $145,171.02

$11,411,162.97 $10,019,477.67


YTD Amount % Remain

% of

Budget

Working

Budget


June Amount

7/7/2020 12:57:48PMFiscal Year: 2020

Fund: 1300 Cafeteria Fund

Requested by wjones

BEGINNING BALANCE

($5,967.93) Net Beginning Balance 9791-9795 $13,878.31

REVENUES

$734,159.48 2) Federal Revenues 8100-8299 $696,625.00 $259,782.82 105.39 (5.39)

$49,615.40 3) Other State Revenues 8300-8599 $84,563.04 ($51,368.26) 58.67 41.33

$250,152.44 4) Other Local Revenues 8600-8799 $377,602.93 $6,558.80 66.25 33.75

5) Total, Revenues $214,973.36 89.22 10.78 $1,033,927.32 $1,158,790.97

EXPENDITURES

$505,354.84 2) Classified Salaries 2000-2999 $505,464.00 $43,473.07 99.98 0.02

$203,072.34 3) Employee Benefits 3000-3999 $213,522.00 $10,944.97 95.11 4.89

$458,938.99 4) Books and Supplies 4000-4999 $381,600.00 $5,528.47 120.27 (20.27)

$27,491.39 5) Services, Oth Oper Exp 5000-5999 $38,102.11 $1,354.85 72.15 27.85

$6,751.39 6) Capital Outlay 6000-6999 $6,751.39 $0.00 100.00 0.00

9) Total Expenditures $61,301.36 104.90 (4.90)$1,201,608.95 $1,145,439.50


1) Transfers

$782.20 A) Transfers In 8910-8929 $0.00 $782.20 0.00 100.00

4) Total, Other Financing Sources/Uses $782.20 0.00 100.00 $782.20 $0.00


ENDING FUND BALANCE

$154,454.20 ($166,899.43) $13,351.47

($172,867.36) $27,229.78

CENTRAL UNION SCHOOL DISTRICT RESOLUTION #O-07-13-2020

BEFORE THE BOARD OF TRUSTEES

OF THE CENTRAL UNION SCHOOL DISTRICT KINGS COUNTY, CALIFORNIA

IN THE MATTER OF

BUDGET REVISIONS FOR THE 2020-2021 ADOPTED BUDGET

NOW, THEREFORE, IT IS HEREBY RESOLVED, the Board of Trustees of the Central Union Elementary School District resolves that the transfers for the attached budget revisions be made as indicated. The foregoing Resolution was adopted at a regular meeting of the Board of Trustees of the Central Union Elementary School District on this 13th day of July, 2020, by the following vote:

AYE NO ABSTAIN ABSENT

Dale Davidson, Trustee Area 1

Jeffrey Gilcrease, Trustee Area 2

Vacant, Trustee Area 3

Casey Fisher, Trustee Area 4

Ceil Howe, III, Trustee Area 5

I, Ceil Howe, III, Clerk of the Board of Trustees of the Central Union School District, do hereby certify that the foregoing Resolution was regularly introduced, passed and adopted by the Board of Trustees at its meeting held on July 13, 2020. __________________________________ Ceil Howe, III, Clerk Board of Trustees Central Union School District Kings County, California

Resolution #O-07-13-2020 (1)

Thomas Addington Superintendent

15783 18th Avenue

Lemoore, CA 93245 Telephone (559) 924-3405

Fax (559) 924-1153

Board Members Dale Davidson Casey Fisher

Jeffrey Gilcrease Ceil Howe, III

To: Central Union School Board of Trustees

From: Tom Addington, Superintendent

Date: July 10, 2020

For Board Meeting

x Action (Consent or New Business)

Information

Item: Accept and adopt statement on minimum reserve general fund ending balance.

Rationale/Purpose:

Education Code Section 42127(a)(2)(B) requires a statement of the reasons that

substantiates the need for assigned and unassigned ending fund balances in excess of

the minimum reserve standard for economic uncertainties for each fiscal year identified

in the budget.

Districts are to report at a public hearing any amounts of “assigned” and “unassigned”

ending balances that are in excess of the minimum recommended reserve for economic

uncertainty. For a district the size of Central Union, Title 5 Sec 15450 provides for a

minimum reserve level of 3%.

District Board Policy 3100 stipulates that the District will maintain a minimum of ten (10)

percent of general fund expenditures. Included within the ten (10) percent designation is

three (3) million dollars for the purpose of economic uncertainty with receipt of Federal

Impact Aid payment and cash flow balances.

This is not new or different information than what was included in the actual budget

adoption, just an additional document. The minimum reserve references were included in

the multiyear projections of the Budget.

Fiscal Impact:

No fiscal impact, only stipulates the rationale for District minimum reserves.

Recommendation:

Approve and acknowledge the minimum general fund reserve level for the 20-21

school year.

District: Central Union School District Adopted Budget CDS #: 16-63883-0000000 2020-21 Budget Attachment

Fund Balances Above Minimum Reserve Percentage

Combined Assigned and Unassigned/Unappropriated Fund BalancesForm Fund 2020-21 Budget Objects 9780/9789/9790

01 General Fund/County School Service Fund $9,403,575.63 Form 01 17 Special Reserve Fund for Other Than Capital Outlay Projects ($3.03) Form 17

Total Assigned and Unassigned Ending Fund Balances $9,403,572.60District State Minimum Reserve Percentage 3% Form 01CS Line 10B-4

Less District Minimum Reserve for Economic Uncertainties $835,543.60 Form 01CS Line 10B-7

Balance Above State Minimum Reserve Percentage $8,568,029.00

Substantiation for Fund Balances Above State Minimum Reserve Percentage for Economic Uncertainties

Form Fund 2020-21Budget Description of Fund Balances Above State Minimum %

01 General Fund/County School Service Fund $8,568,032.03 Cashflow/Unassigned/Unappropriated

17 Special Reserve Fund for Other Than Capital Outlay Projects ($3.03) Assigned for Cashflow

Insert Lines above as needed

Total of Substantiated Needs $8,568,029.00

Remaining Fund Balance to Substantiate $0.00 Balance should be Zero

Reasons for Assigned and Unassigned Ending Fund Balances Above State Minimum Reserve Percentage

for economic uncertainties for adopted budget

EC 42127 (a)(2)(B) public review and discussion at its public hearing for Adopted Budget.

Education Code Section 42127 (d)(1) requires a county superintendent to either conditionally approve or disapprove a school district budget if the district does not provide for

Education Code Section 42127(a)(2)(B) requires a statement of reasons that substantiates the need forassigned and unassigned ending fund balances above the state minimum reserve percentage


15783 18th Avenue


Fax (559) 924-1153





Date: July 13, 2020

For Board Meeting


Information

Item: Consider Increase to daily rate on Certificated Substitute Salary Schedule to meet the

State Minimum Wage Requirements.

Rationale/Purpose:

The California Department of Industrial Relations has issued a progressive increase for

the state minimum wage. In all areas of the present District salary schedules, the

minimum wage is above the mandated hourly salary level. The analysis is that in all

categories, the District will meet or exceed the base minimum wage which arrives at the

present maximum level by January 2022.

January 1, 2020 $13.00/hour



Based upon the minimum wage levels, the only area of concern for District minimum

wage exposure is with the certificated substitute teacher salary line. Presently, the

District substitute teachers are paid $105/day for short term assignments, and $150/day

for long term assignments.

With an eight (8) hour work day, the present equivalent hourly salary rate will be below

the state minimum wage rate beginning January 1, 2021. The minimum level beginning on

January 1, 2021 is $14/hr, and the increased rate for the January 1, 2022 rate is at $15.hr.

With the increase of the daily rate per the recommendation in the chart below, the

District will be positioned to meet the minimum wage expectation through the 2022 fiscal

year, and will not have to adjust or increase the certificated substitute salary schedule for

the next coming years.

In addition, this places the District in a very competitive position for substitute salary

countywide. (Current Substitute Teacher Salary – Kings County)

1-5 days Rank 6-10 days Rank 10-15 days Rank 20+ days Rank

Armona Elementary SD $ 105 8 $ 105 10 $ 135 4 $ 135 6

Central Union SD $ 105 8 $ 150 2 $ 150 3 $ 150 4

Central Union Recommended

$ 120 4 $ 175 1 $ 175 1 $ 175 1

Corcoran Unified SD $ 135 1 $ 135 3 $ 175 1 $ 175 1

Hanford Elementary SD $ 110 6 $ 110 8 $ 110 9 $ 110 13

Hanford High SD $ 120 4 $ 120 6 $ 120 7 $ 150 4

Island SD $ 105 8 $ 105 10 $ 105 11 $ 130 9

KCOE 15th $ 135 1 $ 135 3 $ 135 4 $ 135 6

Kings River Hardwick $ 110 6 $ 110 8 $ 110 9 $ 125 11

Kit Carson SD $ 100 13 $ 100 13 $ 100 13 $ 100 14

Lakeside Elementary SD $ 100 13 $ 100 13 $ 100 13 $ 100 14

Lemoore Elementary SD $ 105 8 $ 105 10 $ 105 11 $ 151 3

Lemoore High SD $ 105 8 $ 120 6 $ 120 7 $ 120 12

Pioneer Elementary SD $ 100 13 $ 100 13 $ 100 13 $ 135 6

Reef Sunset $ 125 3 $ 125 5 $ 130 6 $ 130 9

Fiscal Impact:

Minimal increase to overall District budget, based upon evaluation of prior

utilization of substitute teacher cost and comparing the recommended increase.

Will place the District into proper position to meet the California Minimum wage

laws for 2021 and 2022.

Recommendation:

Approve the proposed increase to the daily rate of a Certificated Substitute, in

order to comply with the State minimum wage standard as established by State

law.


15783 18th Avenue


Fax (559) 924-1153





Date: July 6, 2020

For Board Meeting


Information

Item: Consider modification of Food Service Coordinator work year and salary schedule.

Rationale/Purpose:

Presently, the Food Service Coordinator category is a 261 day per year/12-month position.

In addition to the 12-month work year, the position also ‘earns’ vacation. Looking at the

requirements of the position, there is minimal work to be accomplished during the

summer months for this position, as school is not in session.

The adjusted Food Service Coordinator position will move from a 261 day work year, to a

204 day work year. The position will follow the normal school calendar year with

additional days at the beginning of the school year, and close out days at the end of the

calendar year. For all classified employees working less than a 12-month work cycle, the

proportionate share of vacation is given through actual monetary compensation in the

employee’s payroll.

In adjusting the work year, the District maintained the annual compensation in the

existing salary, and only adjusted the work days downward. In addition, the payout of

vacation is built into the salary line leading to the overall total annual compensation for

this position.

This adjustment also increases the competitive salary for similar positions throughout the

county.

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

Food Service

Coordinator Annual 56,059.00 58,231.00 60,402.00 62,573.00 64,754.00 66,917.00 69,089.00

Days 204 Monthly 5,096.27 5,293.73 5,491.09 5,688.45 5,886.73 6,083.36 6,280.82

Daily 260.74 270.84 280.94 291.04 301.18 311.24 321.34

Hourly 32.59 33.86 35.12 36.38 37.65 38.91 40.17

VACATION 11 DAYS 2,868.13 2,979.26 3,090.33 3,201.41 3,313.00 3,423.66 3,534.79

215

Total

Annual 58,927.13 61,210.26 63,492.33 65,774.41 68,067.00 70,340.66 72,623.79

Fiscal Impact:

Minimal increase to the overall District budget, the annual salary was already

allocated in the budget, the increase will be slight only with the vacation days

which will be added into the position.

Recommendation:

Approve the proposed work calendar adjustment and compensation lines for the

Food Service Coordinator position.

CENTRAL UNION SCHOOL DISTRICT Food Service Coordinator

JOB DESCRIPTION

ESSENTIALFUNCTIONUndergeneralsupervisionperformsspecializedaccountingfunctions in theareaofFoodService;plan,organize,directandcontroltheDistrictBreakfastandLunchPrograms.DIRECTLYRESPONSIBLETO IMMEDIATESUBORDINATESBusinessManager SiteHeadCook CafeteriaAssistant CafeteriaHelperDUTIESANDRESPONSIBILITIESMonthly, quarterly, and annual accounting reports includingClaim forReimbursement, CafeteriaIncomeandExpense,andCommodity;NationalSchoolLunchProgramrenewalapplication,annualcafeteria budget and other District and Governmental reports as needed; reconciles school sitedaily deposits, balances cafeteria bank account; verifies State and Federal reimbursements anddeposits with the County Treasurer’s office; requests purchase orders, verifies invoices, trackspurchases for applicable rebates, verifies meal compliance; prepares all menus, checks dietarybalanceandnutritionaladequacytomeetallrequiredregulations;orders,receivesandmaintainsadequate inventory of foods, supplies and equipment; allocates food received from subsidyprogram;reviewsworkofemployeesinallkitchens;consultswithprincipalsofschoolsregardingintegration of breakfast and lunch programwith school program; check quality of food served;periodically inspects site cafeterias for cleanliness and conformance to established operationprocedures;assignssupervisesandevaluatesfoodservicepersonnel;schedulessubstituteworkerscoveringallshifts;monitorsdistrictcafeteriabudgets;performsotherrelateddutiesasrequired.QUALIFICATIONS:Knowledgeof:General clerical office methods and procedures; California School Accounting practices andprocedures;methods,practicesandterminologyusedinschooldistrictfinancial/statisticalclericalwork; operation of office machines and equipment; school budgeting methods; procedures andequipment used in preparation, cooking and serving of food in large quantities; proper foodcombinationsandeconomicalsubstitutions;menuplanning;labor,materialsandoverheadcostsinafoodserviceoperation;supervisorytechniques.Abilityto:Make mathematical computations rapidly and accurately; understand and carry out oral andwritten directions; prepare monthly reports/statements; use of computer word processing,spreadsheet,andfoodservicesoftware;interpretandapplyavarietyofStateguidelinesregardingthe National Federal School Lunch Program; establish and maintain cooperative working

relationship;preparemenuaffordingabalanceddiet;supervisedtheoperationofallphasesoffoodservice operation; select, train and supervise food service personnel; maintain cooperativerelationshipswithfellowemployeesandthegeneralpublic.EducationandExperience:Anycombinationofeducationandexperience thatwould likelyprovide therequiredknowledge,skills and abilities; graduation from an accredited college or university with a major in homeeconomics, homemaking or related fields of study is preferred, but not required; two years ofexperienceasamanagerorasanassistant to themanagerwithsupervisoryresponsibilitiesofaschoolfoodservicesprogram,arestaurantorafacilityservinglargequantitiesoffood.WORKINGCONDITIONS:Environment:Officeenvironment;subjecttoconstantinterruptionsPhysicalAbilities:Vision to inspect financial or statistical records, dexterity of hands and fingers to operate acomputer and office equipment, sitting or standing for extended periods of time kneeling andbending,pushingandpulling,reachingtoretrieveandmaintainfiles,andhearingandspeakingtoexchangeinformationinpersonandonthetelephone;abilitytolift25poundsandbemobile.ClearanceInformation

o TBTestclearanceo CriminalJusticeFingerprintclearanceo ValidDriver’slicenseandinsurability

SalaryandWorkYearInformation:ClassifiedManagementSalary:FoodServiceCoordinatorWorkYear:204days,eleven(11)monthcalendarThe above statements are intended to describe the general nature and level of work beingperformed. Theyarenotintendedtobeanexhaustivelistofallresponsibilities,duties,andskillsrequiredofpersonnelsoclassified.

Philosophy, Goals, Objectives, and Comprehensive Plans BP 0470(a) COVID-19 MITIGATION PLAN The following policy establishes actions that will be taken by the district to provide a safe learning and working environment during the coronavirus (COVID-19) pandemic, and shall supersede any conflicting language in existing district policies or administrative regulations until the Governing Board determines that the need for this policy no longer exists. The Board acknowledges that, due to the evolving nature of the pandemic, federal, state, and local orders impacting district operations are subject to change without notice. In the event that any federal, state, or local order may conflict with this policy, the order shall govern. (cf. 2210 - Administrative Discretion Regarding Board Policy) (cf. 5141.22 - Infectious Diseases) (cf. 9310 - Board Policies) The Board may also adopt resolutions or take other actions as needed to respond to such orders or provide further direction during the pandemic. The Board recognizes that students and staff have the right to a safe campus that protects their physical and psychological health and well-being. School campuses shall only be open when deemed safe for in-person instruction. The Board's decision to reopen school campuses for classes, before or after school programs, child care centers, and/or preschool programs shall be made in consultation with state and local health officials, the county office of education, and neighboring school districts. The district shall evaluate its capacity to implement safety precautions and to conduct full or partial school operations, and shall consider student, parent/guardian, and community input. (cf. 0400 - Comprehensive Plans) (cf. 0450 - Comprehensive Safety Plan) (cf. 3516 - Emergencies and Disaster Preparedness Plan) Prior to the return to on-campus teaching and learning, the Superintendent or designee shall provide to students, parents/guardians, and staff current information about COVID-19, including its symptoms, how it is transmitted, how to prevent transmission, the current recommendations from the state and local departments of public health, and any other information and/or resources to prepare for a safe return to on-campus teaching and learning. The Superintendent or designee shall also provide information on the processes and protocols the district will follow to minimize the health risks associated with COVID-19, including, but not limited to, physically separating individuals (social distancing), limits on large gatherings, the provision of personal protective equipment (PPE) such as face coverings, and the sanitization of facilities. (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) (cf. 6020 - Parent Involvement)

Student Support The Board recognizes that the consequences of the COVID-19 pandemic, including fear for one's safety, the economic crisis, the loss of school-based relationships, and disruptions in student learning, impact all students but may have a disproportionate effect on the youngest students, students with disabilities, those students most vulnerable to basic needs insecurity or child abuse and neglect, and other at-risk students. (cf. 0415- Equity) As school campuses reopen, staff shall provide a caring and nurturing educational environment for students. The district may provide instruction on social-emotional well-being to all students, including information on how to deal with stress and anxiety in healthy ways and the importance of emotional well-being for academic success. (cf. 6142.8 - Comprehensive Health Education) Staff shall pay careful attention to students' increased mental health concerns. Counseling, other support services, and/or referrals to other agencies shall be available to assist students in dealing with the social and emotional effects of COVID-19, such as stress, anxiety, depression, grief, social isolation, and post-traumatic stress disorder. (cf. 5141.5 - Mental Health) (cf. 5141.52 - Suicide Prevention) (cf. 6164.2 - Guidance/Counseling Services) (cf. 6164.5 - Student Success Teams) As needed, the district may provide referrals of students and families to basic needs assistance or social services, and may assess students for eligibility for the free and reduced-price meal program or assistance under the McKinney-Vento Homeless Assistance Act. (cf. 6173 - Education for Homeless Children) The Superintendent or designee shall ensure that staff understand their obligations as mandated reporters to report suspected child abuse or neglect, regardless of whether the student is on campus or participating in distance learning. (cf. 5141.4 - Child Abuse Prevention and Reporting) The Superintendent or designee may provide information to staff and parents/guardians regarding how to provide mental health support to students. The Superintendent or designee may also provide counseling to staff who are experiencing emotional difficulties as a result of COVID-19. Instruction/Schedules

The district will offer on-campus instruction as well as include distance learning options in order to meet the needs of all students. (cf. 6157 - Distance Learning) (cf. 6158 - Independent Study) The Superintendent or designee shall work with school principals, teachers, other staff, students, and parents/guardians in the development of a schedule for on-campus instruction for each school, as well as for the development of the distance learning module. Staggered start and release times may be considered in order to minimize congregate activity. (cf. 6111 - School Calendar) (cf. 6112 - School Day) Priority for on-campus instruction shall be given to the lowest performing students, students with disabilities, elementary level students, students at risk of child abuse and neglect, homeless students, foster youth, and English learners. To the extent practicable, the district shall also consider the needs of essential workers, as designated in the Governor's executive orders, for child care during normal school hours. (cf. 6173.1 - Education for Foster Youth) (cf. 6174 - Education for English Learners) On-campus instruction may be prioritized for subjects that are difficult to deliver through distance learning, such as laboratory science, art, or career technical education. For distance learning, lessons may be delivered through live video sessions, pre-recorded lectures, or other technology-based distance learning platforms and/or the district may supplement on-campus instruction with home assignments. As much as possible, distance learning shall be provided through small-group synchronous learning. Appropriate training shall be provided to teachers and other instructional staff involved in distance learning, including training on how to use any technology or platform approved for distance learning by the school and opportunities for the sharing of best practices among instructional staff. Available training resources may also be provided to students and parents/guardians when necessary. Evaluation of Academic Progress Following Campus Closure Upon return to on-campus instruction following an extended campus closure, the Superintendent or designee shall evaluate the impact of the campus closure on students' academic progress. Such evaluation may: 1. Address student-specific needs arising from the transition back into on-campus

instruction

2. Consider whether or not a student has experienced a regression of skills and/or lack of progress

3. If regression and/or a lack of progress is present, identify opportunities for recovery,

including supplemental educational services and/or new or different support services (cf. 6179 - Supplemental Instruction) For students with disabilities, the evaluation of academic progress shall also be used to determine whether an additional or revised individualized education program (IEP) or Section 504 plan is needed for the student to be academically successful when returning to on-campus instruction. The Superintendent or designee may prioritize urgent student need in scheduling initial and triennial assessments and annual IEP meetings. The Superintendent or designee shall ensure district compliance with all procedural timelines for IEPs and Section 504 plans as required, unless amended by executive order. (cf. 6159 - Individualized Education Program) (cf. 6159.1 - Procedural Safeguards and Complaints for Special Education) (cf. 6164.6 - Identification and Education Under Section 504) Grading For each grading period, student progress shall be reported in accordance with BP/AR 5121 - Grades/Evaluation of Student Achievement. However, in the event that school campuses are closed for an extended period of time during any grading period, the Board may, upon recommendation by the Superintendent or designee, adopt one or more alternative grading policies which may vary by grade level or type of course. Options for such grading include, but are not limited to: 1. Assignment of final grades based on the student's grades when the campus shutdown

occurred, with opportunities to increase the final grade based on progress through distance learning or other assignments and assessments

2. Assignment of pass/no pass grades for all courses 3. Grading based on students' understanding of applicable course content through

assessments, projects, portfolios, or other appropriate means (cf. 5121 - Grades/Evaluation of Student Achievement) Health Screening of Students To the extent feasible, students shall be screened for COVID-19 symptoms upon arrival at school each day. The Superintendent or designee shall work with local health officials to determine the appropriate means of passive and/or active screening. If the screening indicates COVID-19 symptoms, or if the student exhibits symptoms at any time during the school day, the student shall be placed in a supervised isolation area until the

student's parent/guardian is contacted and the student can be transported home or to a health care facility. School staff may provide the parent/guardian with referrals to school or community health centers for further testing. (cf. 5141 - Health Care and Emergencies) (cf. 5141.3 - Health Examinations) (cf. 5141.6 - School Health Services) Student Absence and Attendance The Board recognizes that COVID-19 will continue to impact the attendance of students following the reopening of school campuses. The Superintendent or designee shall notify students and parents/guardians of expectations regarding school attendance. Such notification shall direct any student who contracts the virus or lives with someone who has been diagnosed with COVID-19 to stay home in accordance with state and local health directives so as to curtail the spread of the disease. Students who are infected with COVID-19 shall be excluded from on-campus instruction until a medical provider states in writing that the student is no longer contagious. (Education Code 49451; Health and Safety Code 120230; 5 CCR 202) Students who are identified as being in a high-risk population for serious complications from COVID-19 because of a medical condition may request assessment and accommodations under Section 504 and/or an alternative instructional method that allows the student to continue receiving instruction off campus. When a student is absent, the student's parent/guardian shall notify the school of the reason for the absence. A physician's verification of a student's illness or quarantine may be submitted, but is not required. (cf. 5113 - Absences and Excuses) If a student would otherwise be required to attend on-campus instruction but is kept home by the parents/guardians due to concerns for the welfare of their child, the principal or designee shall work with the student and parent/guardian to find alternative means of instruction, which may include distance or blended learning, independent study, printed class assignments, or other reasonable means. (cf. 6154 - Homework/Makeup Work) The Superintendent or designee shall maintain enrollment and student attendance data, including the participation of students in distance learning, and shall report data in accordance with state requirements. The district employee designated as the attendance supervisor pursuant to Education Code 48240 shall track patterns of student absence throughout the district and regularly report such information to the Superintendent. When a student who is participating in distance learning repeatedly fails to check in with the teacher when required, the teacher and/or attendance

supervisor shall attempt to contact the student or parent/guardian to resolve the issues leading to the absence. (cf. 5113.1 - Chronic Absence and Truancy) (cf. 5113.11 - Attendance Supervision) Social Distancing In order to maintain a campus environment that allows for social distancing, the district shall assess the capacity of school facilities, including classrooms, cafeterias, multi-purpose rooms, gyms, and outdoor areas, and determine the means by which the facilities can best be utilized considering space and time alternatives. To the extent reasonably possible, the district may: 1. Within classrooms, optimize and space desks to provide distancing as much as

practicable, and in a way that reduces students facing each other 2. Stagger students in areas of high traffic, such as when students are using lockers,

lining up for class, or passing between classes 3. Mark distancing boundaries within classrooms, common areas, outdoor spaces, and

places where students are likely to gather so that students and staff are more readily aware of and can more easily abide by social distancing requirements

4. Utilize restroom stalls and sinks in a manner that allows for social distancing, such as

limiting the number of students and/or staff who may use the restroom at a time, blocking off every other stall or sink from use, and/or marking distancing boundaries

5. Minimize the mixing of students from different classrooms in common spaces, such

as in cafeterias and libraries 6. Conduct recess and physical education classes in a manner that allows for social

distancing and minimizes the use of physical education equipment 7. Assess the capacity of school buses and develop a plan for bus routes and bus seating

consistent with social distancing objectives (cf. 3540 - Transportation) (cf. 3543 - Transportation Safety and Emergencies) 8. Encourage students to walk, bicycle, or travel by private vehicle to reduce the number

of students traveling on school buses. Schools may provide designated areas with proper distancing for bicycles to be stored during the school day, and may mark spaces for private vehicle drop-off and pick-up zones.

(cf. 5142.2 - Safe Routes to School Program)

Large gatherings, such as assemblies, rallies, field trips, extracurricular activities, and athletic events, shall be suspended until the Board determines, consistent with guidance from state and local health officials, that it is safe to resume such activities. The Superintendent or designee may grant an exception if an activity can be arranged to take place in phases or per class, or modified in a manner that would keep participants from violating social distancing recommendations. When deciding whether an activity may resume, the Superintendent or designee may consider the size of the group that participates, the extent to which the students and other attendees have physical contact, whether the activity can be modified to avoid physical contact, if shared equipment is required for the activity, and if social distancing can be maintained. (cf. 6145 - Extracurricular and Cocurricular Activities) (cf. 6145.2 - Athletic Competition) (cf. 6153 - School-Sponsored Trips) Personal Protective Equipment and Hygiene Practices The Board encourages students, staff, and visitors to follow guidance from the California Department of Public Health with respect to PPE while on school campuses. If the use of PPE in schools is required by state or local health officials, the district shall provide PPE to students and staff who do not bring their own personal PPE. Students and staff shall be provided instruction in the proper use, removal, disposal, and cleaning of PPE. Face coverings shall not be required for children younger than two years, or for anyone who has trouble breathing or is incapacitated or otherwise unable to remove the covering without assistance. Reasonable accommodations shall be made for anyone who is unable to wear a face covering for medical reasons. The Board also encourages students and staff to practice good hygiene, such as appropriate covering of coughs and sneezes and regular hand washing, including before eating and after blowing one's nose, coughing, or sneezing. The district shall provide adequate time and opportunity for students to wash hands, and shall make hand sanitizer available in areas where handwashing is less accessible. Signage regarding healthy hygiene practices and how to stop the spread of COVID-19 may be posted in and around school facilities. Sanitization of Facilities and Equipment School facilities, school buses, and shared equipment such as desks, tables, sports/playground equipment, computers, door handles, light switches, and other frequently used equipment and supplies shall be cleaned and disinfected daily with appropriate cleaning agents. Disinfectants and cleaning agents shall be stored properly and in a manner not accessible to students. (cf. 3510 - Green School Operations) (cf. 3514.1 - Hazardous Substances) (cf. 4157/4257/4357 - Employee Safety)

The Superintendent or designee shall ensure that ventilation systems are operating properly and that air flow and ventilation within district facilities is increased, to the extent possible, by opening windows and doors and using fans and air conditioning. Garbage shall be removed daily and disposed of safely. Food Services The Superintendent or designee shall ensure that students have access to clean drinking water other than through a drinking fountain, and food which is procured, stored, and served in a manner that reduces the likelihood of COVID-19 transmission and follows state and national guidelines for nutrition. (cf. 3550 - Food Service/Child Nutrition Program) For meals that are consumed on school grounds, the Superintendent or designee shall ensure that students will be able to maintain proper social distancing while eating. In order to do so, the Superintendent or designee may consider the consumption of meals in classrooms, gyms, the outdoors, and/or other district grounds. Meal service shall also be available to students participating in distance learning, which may include and/or entirely consist of a "grab and go" service or delivery. Due to the changing financial circumstances of many families as a result of COVID-19, the Superintendent or designee shall regularly provide information to students and parents/guardians regarding the free and reduced-price meal program, eligibility, and how to apply for the program. (cf. 3553 - Free and Reduced Price Meals) Staff Any employee who contracts the virus, shows symptoms of possible infection, or is caring for someone who has been diagnosed with the virus shall self-quarantine for the period of time recommended by health authorities in order to prevent the spread of the disease to students or other staff. An employee may use personal illness and injury leave and/or family care and medical leave, as applicable, if the employee is unable to work or telework because the employee is ill or needs to take care of a spouse, parent/guardian, or child with COVID-19 or other serious health condition. (Education Code 44978, 45191; Government Code 12945.1-12945.2; Labor Code 245-249; 29 USC 2601-2654) (cf. 4161.1/4361.1 - Personal Illness/Injury Leave) (cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave) (cf. 4261.1 - Personal Illness/Injury Leave)

Until December 31, 2020, an eligible employee may take paid sick leave for up to 80 hours, or the number of hours that a part-time employee works on average over a two-week period, if the employee is unable to work or telework because the employee is: (29 USC 2601) 1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19 2. Advised by a health care provider to self-quarantine due to concerns related to

COVID-19 3 Experiencing symptoms of COVID-19 and seeking a medical diagnosis 4. Caring for an individual who is subject to a federal, state, or local quarantine or

isolation order or has been advised by a health care provider to self-quarantine 5. Caring for the employee's child whose school or child care provider is closed or

unavailable for reasons related to COVID-19 6. Experiencing any other substantially similar condition specified by the U.S.

Department of Health and Human Services Employees shall be paid their regular rate of pay for leave taken pursuant to items #1-3 above, or two-thirds their regular rate of pay for leave taken pursuant to items #4-6 above, within the limits specified in law. (29 USC 2601) For the purpose specified in item #5 above, eligible employees who have been employed by the district for at least 30 calendar days shall be granted extended leave for up to 12 work weeks upon request. The first 10 days of such leave shall be unpaid unless the employee uses accrued vacation leave, personal leave, sick leave, or paid sick leave granted pursuant to 29 USC 2601. After the first 10 days, the district shall pay not less than two-thirds of the employee's regular pay for the number of hours per week the employee normally works, with a maximum of $200 per day and $10,000 for the total period. Eligibility for extended leave for this purpose is subject to the employee's eligibility for leave pursuant to the Family and Medical Leave Act. (29 USC 2601, 2620) The district shall post, in conspicuous places where employee notices are customarily posted, a notice prepared by the U.S. Department of Labor regarding the requirements of 29 USC 2601 and 2620. (29 USC 2601) Follow-Up with Infected Persons/Contact Tracing The Superintendent or designee shall work with county health officials to track confirmed cases of students and staff with COVID-19, including, but not limited to, following up with students, their parents/guardians, and staff who exhibit symptoms while at school and those who report an absence or miss work due to illness. The Superintendent or designee shall report confirmed cases to local health authorities. If a student, family member of a student, or staff member has tested positive for COVID-19, the district shall assist local health officials in conducting contact-tracing to identify

potentially exposed individuals and ask them to self-quarantine, which may include not participating in on-campus instruction. While maintaining the privacy of the infected person, the district shall inform other students and staff with whom the infected person may have had contact in school. Nondiscrimination The Board prohibits discrimination based on actual or perceived medical condition or disability status. (Government Code 11135) (cf. 0410 - Nondiscrimination in District Programs and Activities) Individual students and staff shall not be identified as being COVID-positive, nor shall students be shamed, treated differently, or denied access to a free and appropriate public education because of their COVID-19 status or medical condition. Staff shall not disclose confidential or privileged information, including the medical history or health information of students and staff. (Education Code 49450) (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) The Superintendent or designee shall investigate any reports of harassment, intimidation, and bullying targeted at any student based on COVID status, exposure, or high-risk status. (cf. 1312.3 - Uniform Complaint Procedures) (cf. 5131.2 - Bullying) (cf. 5145.3 - Nondiscrimination/Harassment) Community Relations The Superintendent or designee shall use a variety of methods to regularly communicate with students, parents/guardians, and the community regarding district operations, school schedules, and steps the district is taking to promote the health and safety of students. In addition, the members of the Board have a responsibility as community leaders to communicate matters of public interest in a manner that is consistent with Board policies and bylaws regarding public statements. (cf. 1100 - Communication with the Public) (cf. 1112 - Media Relations) (cf. 9010 - Public Statements) The district shall continue to collaborate with local health officials and agencies, community organizations, and other stakeholders to ensure that district operations reflect current recommendations and best practices for keeping students, staff, and visitors safe during the COVID-19 state of emergency. The Superintendent or designee shall keep informed about resources and services available in the community to assist students and families in need. (cf. 1400 - Relations Between Other Governmental Agencies and the Schools) (cf. 1700 - Relations Between Private Industry and the Schools)

While the Board recognizes the rights of parents/guardians to participate in the education of their children and the critical importance of parental involvement in the educational process, all visitors and volunteers are encouraged to respect guidelines regarding social distancing and large gatherings. School visitors and volunteers may be suspended and or be limited in number, until such a time that the Board determines, consistent with guidance from state and local health officials, that it is safe to resume such activities. Any non-school personnel admitted onto the school campus, will be expected to observe all district protocols for COVID-19. The Superintendent or designee may place signage around the school advising that visitors and volunteers may be required to use PPE while on school sites and interacting with school personnel, and may keep a supply of such equipment available for their use. (cf. 1240 - Volunteer Assistance) (cf. 1250 - Visitors/Outsiders) Use of school facilities by persons or organizations for community purposes involving large gatherings shall be suspended until the Board determines, consistent with guidance from state and local health officials, that it is safe to resume such activities. The Superintendent or designee may only grant an exception if the number of participants in the activity will be limited and the person or organization follows the processes and protocols established by the district to minimize the health risks associated with COVID-19. (cf. 1330 - Use of School Facilities) Potential Reclosure of Campus The district shall monitor student and staff absences and data provided by local health officials to determine if there is a risk of resurgence of COVID-19 and a need to reclose school campuses for the protection of students, staff, and the community. The Superintendent or designee shall develop plans and procedures for alternative methods of operations to the extent possible in the event that reclosure becomes necessary. If any person diagnosed with COVID-19 is known to have been in district building(s), the Superintendent or designee shall immediately notify local health officials to determine a course of action. The building should be closed until cleaning and disinfecting of the building can be completed and the district can consult with local health officials to determine, based on up-to-date information about the specific cases in the community, whether an extended closure is needed to stop or slow further spread of COVID-19. If local health officials report that there has been no community transmission of COVID-19, or minimal to moderate transmission in the community, school campuses may not necessarily be closed, but the district shall continue to take all preventative measures described in this policy. If local health officials report substantial community transmission of COVID-19, campus closures of more than two weeks may be necessary, and the Superintendent or designee shall cancel group activities and events during that period. Campuses shall not reopen until recommended by local health officials.

Legal Reference: EDUCATION CODE 44978 Sick leave for certificated employees 45191 Leave of absence for illness and injury, classified employees 48205 Excused absences 48213 Prior parent notification of exclusion; exemption 48240 Supervisors of attendance 49451 Exemption from physical exam; exclusion from attendance GOVERNMENT CODE 11135 Nondiscrimination in programs or activities funded by state 12945.1-12945.2 California Family Rights Act HEALTH AND SAFETY CODE 120230 Exclusion from attendance LABOR CODE 245-249 Healthy Workplaces, Healthy Families Act of 2014 CODE OF REGULATIONS, TITLE 2 11087-11098 California Family Rights Act CODE OF REGULATIONS, TITLE 5 202 Exclusion from attendance 306 Explanation of absence 420-421 Record of verification of absence due to illness and other causes UNITED STATES CODE, TITLE 29 2601-2654 Family and Medical Leave Act of 1993, as amended, especially: 2601 Paid sick leave 2620 Public health emergency leave UNITED STATES CODE, TITLE 42 1760 Note National School Lunch program waivers addressing COVID-19 CODE OF FEDERAL REGULATIONS, TITLE 29 825.100-825.702 Family and Medical Leave Act of 1993

Management Resources:

CSBA PUBLICATIONS Sample School Board Resolution on Grading During Emergency School Closures CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS FAQs for 2019 Novel Coronavirus FAQs on Grading and Graduation Requirements CALIFORNIA DEPARTMENT OF PUBLIC HEALTH PUBLICATIONS CDPH Guidance for the Prevention of COVID-19 Transmission for Gathering, March 16, 2020 School Guidance on Novel Coronavirus or COVID-19, March 7, 2020 CENTERS FOR DISEASE CONTROL AND PREVENTION PUBLICATIONS Considerations for Schools, rev. May 19, 2020 Interim Guidance for Schools and Day Camps, May 2020 Interim Guidance for Administrators of U.S. K-12 Schools and Child Care Programs to Plan, Prepare, and Respond to Coronavirus Disease 2019 (COVID-19), March 25, 2020 OFFICE OF THE GOVERNOR PUBLICATIONS Executive Order N-30-20, March 17, 2020 Executive Order N-26-20, March 13, 2020 OFFICE OF MANAGEMENT AND BUDGET PUBLICATIONS Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) Due to Loss of Operations, Memorandum M-20-17, March 19, 2020 U.S. DEPARTMENT OF LABOR POSTERS Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act WEB SITES CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov California Department of Public Health: https://www.cdph.ca.gov Centers for Disease Control and Prevention: https://www.cdc.gov/coronavirus/2019-ncov Office of the Governor: https://www.gov.ca.gov Office of Management and Budget: https://www.whitehouse.gov/omb U.S. Department of Labor: https://www.dol.gov World Health Organization: https://www.who.int

Policy adopted: XX-XX-XXXX