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Board approves childcare staffing contract; trustees seek legal check on non-solicitation clause

Sunol Glen Unified School District Board of Trustees · October 10, 2024
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Summary

The board approved a services agreement with a childcare staffing vendor to supply substitutes for Eagle's Nest; trustees asked district counsel to confirm a non-solicitation clause is lawful. Staff said the vendor's substitute rate is about $40/hour and that the service prevented operational closures.

The board approved a childcare services agreement intended to provide substitute staff for Eagle's Nest and other childcare operations, with trustees approving the contract on a motion that included a request for district counsel to confirm the legality of a non-solicitation clause.

Administration said the vendor is used for substitute coverage and that the contract "doesn't cost us any money" beyond hourly substitute payments; the presenter added the service prevented Eagle's Nest from staying closed at the beginning of the year due to a staffing shortage. When asked about cost, staff said the vendor rate is roughly $40 an hour but noted district substitutes and classified hourly rates are comparatively low.

Trustees asked whether the non-solicitation clause (which would trigger a placement fee if the district hires a worker presented by the vendor within a year) is allowed under California law; the board approved the contract with a condition that counsel review and advise on that provision. The motion passed by voice vote.

Administrators flagged longer-term concerns about substitute pay and recruitment; trustees asked staff to consider the district's substitute-rate competitiveness in future bargaining and staffing planning.