MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

BOARD OF EDUCATION

AGENDA

Tuesday, January 11, 2005

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

BOARD OF EDUCATION

Richard W. Allen, President

Linda K. Mayo, Vice President

Gary L. Eberhart

E. William Leal

April P. Treece

SUPERINTENDENT

Gary McHenry

ASSOCIATE SUPERINTENDENT

Alan Young, Ed.D., Educational Services

ASSISTANT SUPERINTENDENTS

Mildred Browne, Ed.D., Special Education

Roger Bylund, Elementary Education

Richard C. Nicoll, Ph.D., Administrative Services

Gail Isserman, Personnel Services

 

WELCOME

*          Addressing the Board -- To assure an orderly meeting and an equal opportunity for each speaker, persons wishing to address the Board must fill out a speaker card.  Cards are available at the meeting and must be turned in to the president of the Board prior to the beginning of the meeting.  In the interest of time, speakers are limited to three minutes each, or a total of thirty minutes for all speakers.  If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting.

*                    Meeting Ending Time -- Adjournment time will be no later than 11:00 p.m. for all regular and special meetings unless extended to a specific time as determined by a majority of the Board.

*                    Record Keeping -- For accuracy, all regular meetings of the Board of Education are tape recorded.  Tape recordings are kept on file for a period of no less than thirty days.

*                    Closed Session -- The Board of Education may meet in closed session for discussion of labor negotiations, student discipline, personnel matters, litigation, and other matters as provided for under California state law.

*                    Radio -- For the convenience of the public, Board meetings are broadcast during the school year over the Clayton Valley High School radio station KVHS (90.5 FM) starting at 7:30 p.m.

FUTURE MEETING DATE(S):

January 18, 2005                                               7:00 p.m.                                  Special Board Meeting

January 25, 2005                                               7:30 p.m.                                  Regular Board Meeting

February 1, 2005                                                7:00 p.m.                                  Special Board Meeting

**Note:  Calendar of Future Board and Committee Meetings Attached**

 

CALL TO ORDER6:00 p.m.

1.         ANNOUNCEMENT:  In closed session, the Board will consider the items listed on the closed session agenda that follows.

2.         PUBLIC COMMENT – The public may address the Board concerning items that are scheduled for discussion during closed session only.  These presentations are limited to three minutes each, or a total of thirty minutes for all speakers.

3.         ADJOURN TO CLOSED SESSION

CLOSED SESSION

1.         Negotiations - The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to the EERA (Govt. Code Section 3549.1)

Agency negotiators:  Gail Isserman, Sheila Beauchamp, and Sheila Walker.

Agencies:  MDEA, CSEA, Local One M & O, Local One CST, MDSPA, and Supervisory.

2.         Expulsions(7)/Readmissions(2) - Review Administrative Hearing Panel recommendations regarding student expulsions.

3.         Existing Litigation

4.         Anticipated Litigation

            5.         Conference with Real Property Negotiator

6.         Public Employee Discipline/Dismissal/Release/Complaint

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

2.         REPORT OF CLOSED SESSION – January 11, 2005

            Topics               ·Negotiations

·Expulsions/Readmissions

                                    ·Existing Litigation

·Anticipated Litigation

                                    ·Real Estate

                                    ·Public Employee Discipline/Dismissal/Release/Complaint

3.         CONSENT AGENDA

            Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion.  There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately.

            3.1        Minutes of the meetings of November 23 and December 14, 2004.

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.2.2 Assembly Bill – STRS Post-Retirement Earnings Limitation Exemption

Legislation was enacted which authorizes STRS to grant an exemption from the post-retirement earnings limitation of up to two years for members retired form service who are appointed as a trustee, administrator or fiscal advisor.

                        3.2.3 Addition of Full-time Equivalent Position for the 2004-05 School Year

Request (1.70) FTE be added to Categorical Funds.  This action will result in a decrease in the expenditure budget of Categorical Funds in the amount of $93,599.

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.3.2 Increase in Hours for a Part-time Intermediate Typist Clerk Position at the Willow                                Creek Assessment Center

Curriculum and Instruction requests an increase in hours of an existing 25 hour/week, 10.5 month Intermediate Typist Clerk position to 32 hour/week, 10.5 month.  There is no impact to the General Fund.  The difference in cost for fiscal year 2004-05 is $3,357 and a full year is $10,361.  This position is funded by Economic Impact Aid-Limited English Proficient (EIA-LEP).

            3.4        Grant Application Request

Request permission to submit a grant application in the amount of $8,000 to the County Technology Assistance Grant.  There is no impact to the General Fund.  Funding Source:  Lesher Foundation funds administered through the County Office of Education.

3.5        Award of Design Services Contracts

            3.5.1 Award of Design Services Contract to Charles Ham Associates in the amount of $202,689 for the installation of modular classrooms and restroom facilities at the following sites:

                        Sequoia Middle – 1 classroom

                        Northgate High – 1 classroom

                        Riverview Middle – 1 classroom

                        Sunrise Center – 1 classroom

                        El Dorado Middle – boys/girls restroom

                        Meadow Homes Elementary – boys/girls restroom

                        Concord High – boys/girls classrooms

            Fiscal Impact:  $202,689  Funding Source:  Developer Fees $202,689

            3.5.2 Award of Design Services Contract to Charles Ham Associates in the amount of $56,607.50 to secure DSA exemption of interim housing at Pine Hollow and Sequoia middle schools and Highland elementary schools.  Funding Source:  Measure C

3.6        Award of Contracts

            3.6.1 Award of Contract to Freemont Millwork Company in the amount of $75,000 to furnish new cabinetry for new prototypical buildings and modernization work at Mt. Diablo High School.  Funding Source:  Measure C

3.6.2 Award of Contract to B & B Grading and Paving, Inc. in the amount of $25,805 for new fire access road at Highlands Elementary.  Funding Source:  Measure C

3.6.3 Award of Contract to Kel-Tec Builders, Inc. in the amount of $44,218 to install drainage improvements at Northgate High School. Funding Source:  Measure A Operating Fund

            3.7        Contract Amendment with Charles Ham Associates

On August 12, 2004, the Board approved a contract to Charles Ham Associates in the amount of $98,450 for design services and secure DSA approval for the new Measure C playground structures at ten sites.  It is recommended that this contract be amended to provide design services and secure DSA approval for the remaining thirteen sites receiving new playground structures under Measure C as well as those three sites receiving new pre-school structures.  Fiscal Impact:  $142,578  Funding Source:  Measure A $22,650; Measure C $119,928

3.8        Contract Amendment with Pacific Program Management Inc., (Harris Associates)

            On November 12, 2002, the Board approved a contract for construction management services for the construction of Delta View Elementary School to Pacific Program Management, Inc. in the amount of $367,000.  It is recommended that the contract be amended in the amount of $131,573 to cover all construction management costs.  Funding Source:  Measure C

            3.9        Lease Payments for Classrooms

Four leased classrooms at Clayton Valley and College Park high schools are scheduled to be replaced during the summer of 2006.  A funding source is needed to cover the $900 per month lease payment.  Fiscal Impact:  $45,000  Funding Source:  Mandated Cost Reimbursement

4.         RECOGNITIONS

            4.1        National Board Certification

                        The Board will recognize Sylvia Chatagnier for achieving National Board Certification.

4.2        Portrait of Success Award

The Board will recognize Christian Patz, teacher, Diablo Day; and Ben Fogel, student, Diablo Day for receiving the Portrait of Success Award at the Community Day School Network State Conference.

5.         PUBLIC COMMENT

            The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda.  These presentations are limited to three minutes each, or a total of thirty minutes for all speakers.  If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting.

6.         COMMUNICATIONS

6.1        Organizations

                        At regular board meetings, a single spokesperson of each recognized organization may make a brief presentation following the Consent Agenda.  Items are limited to those which are informational.

7.         REPORTS/INFORMATION – None

8.         SUPERINTENDENT'S REPORT

9.         BUSINESS

Action   9.1        Appointment of Assistant Director, Student Services/Special Education

Interviews have been conducted and a candidate has been selected to fill the position of Assistant Director, Student Services/Special Education.

                        Recommendation

                        Approve appointment as recommended.

Action   9.2        Appointment of Program Specialist, Categorical Programs

Interviews have been conducted and a candidate selected to fill the position of Program Specialist, Categorical Programs.

Recommendation

Approve appointment as recommended.

Public Hearing   9.3        Public Hearing on Budget Reductions

& Action                  The Board of Education approved $8 million in budget reductions for the 2003-04 school year.  Using the updated multi-year projection, with decreased ADA included, we will need to reduce expenses by at least $3.1 million.

                        Recommendation

                        1. Add items to the list.

                        2. Remove items from the list.

                        3. Approve the following items: 17, 22, 48, 49, 59, 60, 61, and 62.

Information        9.4        College Park Technology Center

College Park High School Technology Committee has completed its work of developing a multi-faceted technology center that will support College Park’s new career interest pathways and provide specific career technical training.  Fiscal Impact:  Approximately $175,000 is budgeted for specialized computers, furniture, video and multimedia equipment.  Funding Source:  Measure C

                        Recommendation

                        This is being presented as information only and will be returned for action.

Action   9.5        Audit Report – Fiscal Year 2003-04

The Board’s audit committee met with the auditors for Perry-Smith & Co. and reviewed the audit for the 2003-04 fiscal year.  There were no adjustments made to the district’s financial records.  There were some audit finding and recommendations regarding attendance accounting and internal controls as related to payroll and student funds.  District staff has reviewed these findings and recommendations and has provided a written response to each finding and will take action as identified.

Recommendation

Accept audit report.

Information     9.6           Job Description for General Counsel

Recommend a job description for general counsel as a first step in establishing a general counsel position, prior to the beginning of the 2005-06 school year.

                        Recommendation

                        This is being presented as information only and will be returned for action.

Action   9.7           Increase in Facility Use Fees

                           Recommend an increase in facility use fees to achieve comparability with surrounding school districts.  Fees would be effective July 2005. Fiscal Impact:  $35,000

                           Recommendation

                           Approve increase in fees.

Information     9.8           Consider Approval of Administrative Rule AR 3541 (d)

                        Recommend fees for athletic and co-curricular transportation.

                        Recommendation

                        This is being presented as information only and will be returned for action.

Public Hearing   9.9        Resolution # 04-05/26 Public Hearing Regarding Williams Case Settlement Addendum

        & Action                Regarding Sufficiency of Instructional Materials for Fiscal Year 2004-05

        The local governing Board is required to make a determination as to whether each pupil enrolled in a foreign language course has sufficient textbooks or instructional materials that are consistent with the state adopted frameworks.

                                    Recommendation

                                    Adopt resolution as presented

Action      9.10   Adoption of New Courses of Study

A Curriculum Specialist and twenty-one middle and high school math teachers met to develop the new courses of study for the high school and middle school math program. These courses of study are: Pre-Algebra I, Pre-Algebra II, Pre-Algebra I & II, Introduction to Algebra I, Algebra I, Algebra II, Geometry, Algebra II/Trigonometry and an intervention elective AIMS (Academic Intervention for Math Success)

                        Recommendation

                    This was presented as information at the December 14, 2004.  It is now being returned for action.

Action   9.11      Summer School Administrative Positions

                        Candidates for the administrative positions for summer session 2005 have been

interviewed and are being presented for approval.

                        Fiscal Impact:  Positions are paid for by the summer school budget.

                        Recommendation

                        Approve candidates as presented.

Action      9.12   Board Policy 3314.4 Revolving Cash Account

Under Board Policy 3451, the district has authorization from the Board of Education to fund the Revolving C-ash (Bank Account) at $150,000.  Recommend to increase amount from $150,000 to $300,000 which will enable the district to fulfill ongoing operational needs.  There is no impact to the General Fund.  The additional balance will be provided by a corresponding reduction to the Stores reserves.

Recommendation

This was presented as information at the December 14, 2004 meeting.  It is now being returned for action.

Information        9.13      Board Policies 6162.8, AR 6162.8(a), AR6162.8(b) – Research

Each year, multiple requests to conduct research are received by the district. This policy balances the benefits to be derived from educational research and the potential for harm or disruption to students and staff.

                        Recommendation

                        This is being presented as information only and will be returned for action.

Action   9.14      Board Committee Assignments

The Board President will make Board committee assignments for the period of January 1, 2005 through December 31, 2005.

                        Recommendation

                        Make committee assignments

Action   9.15      Measure C Oversight Committee Membership

Request Larry Wirick to become a committee member on the Measure C Oversight Committee.

                        Recommendation

                        Approve appointment as presented.

10.        DISCUSSION OF REPORTS

            10.1      Committee Minutes

            10.2      Board of Education

11.        ADJOURNMENT

12.        CLOSED SESSION - Items not completed during the first closed session will be carried over to this closed session.


JANUARY 2005

Community Advisory Committee                                                 January     3       7:00 p.m.

Parent Advisory Committee                                                         January     5       7:00 p.m.

Regular Board Meeting                                                                January    11      7:30 p.m.

Special Board Meeting (Delta View Middle)                                 January    18      7:00 p.m.

Safe and Drug Free Schools Task Force                                   January    20      3:30 p.m.

 
 
 

FEBRUARY 2005

Special Board Meeting (Clayton Valley High)               February    1        7:00 p.m.

Parent Advisory Committee                                                      February    2        7:00 p.m.

Community Advisory Committee                                              February    7        7:00 p.m.

Regular Board Meeting                                                             February    8        7:30 p.m.

Special Board Meeting (El Dorado Middle)                               February  15        7:00 p.m.

Safe and Drug Free Schools Task Force                                February  17        3:30 p.m.

Regular Board Meeting                                                             February  22        7:30 p.m.

 
 

MARCH 2005

Parent Advisory Committee                                                          March   2         7:00 p.m.

Measure C Oversight Committee                                                 March   3         7:00 p.m.

Community Advisory Committee                                                  March   7         7:00 p.m.

Regular Board Meeting                                                                 March   8         7:30 p.m.

Safe and Drug Free Schools Task Force                                    March 17         3:30 p.m.

Regular Board Meeting                                                                 March 22         7:30 p.m.

 
 

Note:  This is being provided for information only.

Please call 682-8000 ext. 4000 to confirm meeting dates, times and locations.