MT. DIABLO UNIFIED SCHOOL DISTRICT James W. Dent Education Center 1936 Carlotta Drive Concord, CA 94519-1397 BOARD OF EDUCATION AGENDA Tuesday, February 14, 2006 Closed Session 6:00 p.m. Regular Session 7:30 p.m.

BOARD OF EDUCATION Linda K. Mayo, President Vacant, Vice President Gary L. Eberhart April P. Treece Richard W. Allen SUPERINTENDENT Gary McHenry ASSOCIATE SUPERINTENDENT Alan Young, Ed.D., Educational Services ASSISTANT SUPERINTENDENTS Mildred Browne, Ed.D., Special Education Roger Bylund, Elementary Education Gloria Gamblin, Chief Financial Officer Richard C. Nicoll, Ph.D., Administrative Services Gail Isserman, Personnel Services Gregory J. Rolen, Esq., General Counsel

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):

February 21, 2006 6:30 p.m. Board Study Session

February 28, 2006 7:30 p.m. Regular Board Meeting

March 14, 2006 7:30 p.m. Regular Board Meeting

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

CALL TO ORDER – 6:00 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 and Julie Braun-Martin.

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

2. Expulsions(10)/Readmissions(30) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

3. Existing Litigation

Jackson v. Mt. Diablo Unified School District

Sierra Bay v. Mt. Diablo Unified School District

4. Anticipated Litigation

5. Conference with Real Property Negotiator

Oak Park Christian Center

6. Public Employee Discipline/Dismissal/Release/Complaint

One certificated employee

7. Contract Extensions for Associate Superintendent and Assistant Superintendents

RECONVENE OPEN SESSION – 7:30 p.m.

1. PRELIMINARY BUSINESS

·Pledge of Allegiance

·Roll Call

1.1. REPORT OF CLOSED SESSION – February 14, 2006.

Topics ·Negotiations

·Expulsions/Readmissions

·Existing Litigation

·Anticipated Litigation

·Real Estate

·Public Employee Discipline/Dismissal/Release/Complaint

·Contract Extensions for Associate Superintendent and Assistant Superintendent

2. FILLING OF VACANCY – BOARD OF EDUCATION

2.1.1 Election of Vice President February 2006 – December 2006

2.1.2 Establish Process for Filling Vacancy

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 meeting of January 17 and January 31, 2006.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 05/06-41 Variable Term Waiver Requests

Variable term waivers provide applicants with additional time to complete requirements for the credential that authorizes the service. The waiver request is made when there is not a properly credentialed person available for the position.

3.2.3 Resolution 05/06-42 Education Code 44258.3 Board Authorization

Under Ed. Code 44258.3, holders of any California teaching credential can be authorized, by Board Authorization, to teach departmentalized classes with their consent in grades K-12.

3.2.4 Resolution 05/06-48 Education Code 44263 – Board Authorization

Under Ed. Code 44263, holders of any California teaching credential who have 18 lower division units or 9 upper division units in a subject can be authorized by Board Authorization, to teach that subject(s) full or part time.

3.2.5 Mt. Diablo Education Association (MDEA) Post-Retirement Contracts for 2005-06

The post-retirement committee met on Thursday, January 19, 2006 to review the proposals submitted. Five proposals were approved for a total of $22,900. This amount is already budgeted within the General Fund.

3.2.6 Recommendation for Preliminary Single Subject Math Teaching Credential for Joshua Jones

Upon completion of a two-year district intern program, the holder of a district intern certificate must have the formal recommendation of the governing school board to apply for their preliminary or professional clear teaching credential pursuant to California Education Code Section 44328.

3.2.7 Recommendation for Preliminary Single Subject Teaching Credential for Miguel Romo

Upon completion of a district intern credentialing program, the governing school board must recommend the applicant for the preliminary teaching credential.

3.2.8 School Administration Fieldwork Agreement with Chapman University for the Term of August 1, 2005 through August 1, 2007

This agreement is to provide supervised fieldwork experience for graduate students as interns in the School Administration Program in the School of Education at Chapman University leading to the Administration Services Credential

3.2.9 Internship Contract Agreement with the University of Phoenix

In order for a teacher to participate in an internship program, there must be an agreement or memorandum of understanding on file between the District and the institution providing the internship program.

3.2.10 Multiple Subject, Single Subject and Special Education Credential Internship Agreement with Chapman University, Concord Campus

In order for a teacher to participate in an internship program, there must be an agreement or memorandum of understanding on file between the District and the institution providing the internship program.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Reduction in Hours of a Site Technology Support Technician II at Hidden Valley Elementary School

Hidden Valley Elementary School requests that an existing Site Technology Support Technician II be reduced from 10 hour/week, 10 month year to 7.75 hour/week, 10 month year. There will be a savings of $2,501 to School Improvement funds for fiscal year 2005-06 and $8,616 for a full year.

3.4 Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of December 2005

3.5 Resolution 05/06-49 Certification for Carryover of Unmatched District Deferred Maintenance Deposits

The District contributed $1,515,392 to the 2004-05 Deferred Maintenance Program. The required amount certified by the State of California is $1,454,920. The 2004-05 surplus contribution of $60,462 can be applied to the current year contribution requirement of $1,454,930 by Board resolution. Fiscal Impact: $60,462 carryover to Deferred Maintenance Program. Funding Source: Deferred Maintenance

3.6 School Breakfast Program Grant Application

Food and Nutrition Services requests permission to submit a grant application request to purchase kitchen supplies and equipment to expand the breakfast programs at Bel Air, Cambridge, Fair Oaks, Meadow Homes, Mountain View, Rio Vista, Shore Acres, and Ygnacio Valley elementary schools; and El Dorado, Glenbrook, and Riverview middle schools. There is no impact to the General Fund. If awarded, the district will receive up to $47,848 to expand the breakfast program at eleven schools.

3.7 Intermediate Change Order No. 4 – Bid 1306, Contract 763

Intermediate change order no. 4 – bid 1305, contract 763 to Sierra Bay Contractor’s, Inc. in the amount of $49,105.81 for new classrooms and modernization at Concord and Ygnacio Valley high schools. Funding Source: Measure C

3.8 Final Change Orders

3.8.1 Bid 1338 – Contract C-780

Final change order to bid 1338, contract C-780 to Sierra Bay Contractors, Inc. in the amount of $63,378.50 for new classrooms and modernization, increment II, at Mt. Diablo High School. Funding Source: Measure C

3.8.2 Bid 1359 – Contract C-798

Final change order to bid 1359, contract C-798 to Albay Construction Company in the amount of $18,772.25 for new snack shack at Mt. Diablo High School. Funding Source: Fire Insurance Fund

3.8.3 Bid 1366 – Contract C-803

Final change order to bid 1366, contract C-803 to RMT Landscape Contractors in the amount of $24,474.68 for landscape restoration at College Park, Concord, Northgate and Mt. Diablo high schools. Funding Source: Measure C

3.8.4 Bid 1380 – Contract C-813

Final change order to bid 1380, contract C-813 to Hung Construction in the amount of $3,945 for Oak Grove Middle School office remodel. Funding Source: Proposition 55

3.9 Notices of Completion

3.9.1 Notice of Completion to Contract C-780, Bid 1338 to Sierra Bay Contractors, Inc, in the amount of $3,555,293.50, who provided the new classrooms and modernization work at Mt. Diablo High School. Funding Source: Measure C

3.9.2 Notice of Completion to Contract C-798, Bid 1359 to Albay Construction Company in the amount of $316,772.25, who provided the new snack shack building at Mt. Diablo High School. Funding Source: Fire Insurance Fund

3.9.3 Notice of Completion to Contract C-803, Bid 1366 to RMT Landscape Contractors, Inc. in the amount of $296,642.39, who provided the landscape improvements at College Park, Concord, Mt. Diablo, and Northgate high schools. Funding Source: Measure C

3.9.4 Notice of Completion to Contract C-813, Bid 1380 to Hung Construction in the amount of $792,945, who provided the office remodel at Oak Grove Middle School. Funding Source: Proposition 55

3.10 Award of Contract for Professional Testing and Inspection Services for Measure C Program, Group IV Schools

On April 20, 2004 and March 8, 2005, the Board awarded a contract to Consolidated Engineering for inspection and materials testing services for the Group II and III schools respectively. Staff is now recommending that a contract be awarded to Consolidated Engineering Laboratories for testing and inspection services for the Group IV schools in the amount not to exceed $176,386.96. Funding Source: Measure C

3.11 Contract for Architectural/Engineering Services for Kitchen Renovations at Meadow Homes Elementary School

Contract to PHD Architects in the amount not to exceed $21,000 plus $5,000 in reimbursables for architectural/engineering comprehensive design services related to the kitchen renovations at Meadow Homes Elementary School. Funding Source: Developer Fees.

3.12 Contract for Architectural/Engineering Services for the Renovations to Willow Creek Center to House Diablo Day School

Contract to PHD Architects in the amount not to exceed $53,440, including $8,000 in reimbursables for architectural /engineering services for renovations to Willow Creek Center to house Diablo Day School. Funding Source: Proposition 55

3.13 Adult Education Workability II Application 2006-07

Mt. Diablo Adult Education requests renewal of it’s contract with the Department of Rehabilitation to continue the WorkAbility Program. There is no impact to the General Fund. The contract amount is $84,769. Adult Education will provide $24,680 as a cash match through the existing budget. Funding Source: Department of Rehabilitation Contract

4. RECOGNITIONS

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

7.1 Measure C Oversight Committee

7.2 Report on Plan for Address Overcrowding at College Park High School

8. SUPERINTENDENT'S REPORT

9. BUSINESS

Action 9.1 Resolution 05/06-39 African American History Month

The California Department of Education has designated February 2006 as African American History Month to recognize the many contributions made by African Americans to the American Heritage.

Recommendation

Adopt resolution as presented

Action 9.2 Resolution 05/06-40 Appreciation of the Black Families Association of Contra Costa County

Mt. Diablo Unified School District recognizes the Black Families Association of Contra Costa County for over 30 years of service to the community.

Recommendation

Adopt resolution as presented.

Action 9.3 Contract Extensions for the Associate Superintendent and Assistant Superintendents

The Superintendent will make recommendations on contract extensions for the associate superintendent and assistant superintendents.

Recommendation

Approve contract extensions as presented.

Action 9.4 School Assistance and Intervention Monitoring Report for Oak Grove Middle School and Ygnacio Valley High School

The School Assistance and Intervention Team (SAIT) is the next level of the state accountability program for Immediate Intervention/Underperforming School Program (II/USP). Oak Grove Middle and Ygnacio Valley High have been designated as state-monitored schools based on their Academic Performance Index (API) growth data. Both schools have contracted with WestEd, a state approved provider. (Contract was approved October 25, 2005.) Fiscal Impact: Local district match may include dedication of general and/or categorical funds. Funding Source: State and Federal fund will be provided ($150 per pupil annually, for up to three years).

Recommendation

Acceptance of reports as presented.

Action 9.5 Intent to Dedicate Easements

Resolution 05/06-43 – Hidden Valley Elementary School

Resolution 05/06-44 – Holbrook Elementary School

Resolution 05/06-45 – Highlands Elementary School

Resolution 05/06-46 – Pine Hollow Middle School

Resolution 05/06-47 – Sun Terrace Elementary School

As a result of planned Measure C work at the above school sites, it was necessary to request services and equipment from Contra Costa Water District to install a fire hydrant and water line at each site. Contra Costa Water District requires an easement to access, operate, maintain, and repair the improvements and the connections they have installed on the District’s behalf.

Recommendation

Adopt resolutions as presented.

Action 9.6 Award of Bid 1398

Award of bid 1398 to Taber Construction, Inc., for the total amount of $14,623,500 to provide new classrooms and renovations at Bancroft, Valle Verde, Walnut Acres, and Woodside elementary schools. Funding Source: Measure C

Recommendation

Approve as presented.

Action 9.7 Proposal to Prepare California Environmental Quality Act (CEQA) Documentation for Additional Nighttime Sports Activities at Clayton Valley High School

At the Board meeting of April 29, 2003, the Board approved a resolution adopting the final Environmental Impact Report (EIR) for the Clayton Valley High School stadium lighting project. Mill Associates completed the original environmental study for the stadium lighting project. Staff recommends approval of this agreement with Mills Associates to prepare CEQA documentation for the additional sports field activities at Clayton Valley High.

Recommendation

Approve as presented.

Action 9.8 Quarterly Report on Williams Uniform Complaints

Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions. This quarter’s report includes the months of November, December 2005, and January 2006.

Recommendation

Ratify the January 2006 quarterly report on Williams uniform complaints.

Action 9.9 Recommendation to Assign the Crystal Ranch Development to the Northgate High School Attendance Area

A modest, district wide reduction in high school enrollment is expected over the next few years. This trend would result in sufficient capacity to accommodate the high school aged students living in the Crystyl Ranch development at Northgate High School.

Recommendation

Approve as presented.

Action 9.10 Consider Modification to Administrative Rule 6146.1, High School Graduation Requirements

Board Policy and Administrative Rule 6146.1 list the specific requirements a student must meet to earn a high school diploma.

Recommendation

This was presented as information at the meeting of January 17, 2006. It is now being returned for action.

Information 9.11 AR 5111.1 – District Residency

Administrative Rule 5111.1 is being revised to reflect the changes of the documents which may be offered as proof of residency. This modification is necessary to implement the district’s residency verification process.

Recommendation

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

Information 9.12 Cambridge Elementary School Voluntary School Uniform Dress Code

Cambridge Elementary School has developed a school wide uniform dress code to standardize apparel to support a productive school learning environment.

Recommendation

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

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.

FEBRUARY 2006

Parent Advisory Committee February 1 7:00 p.m.

Community Advisory Committee February 6 7:00 p.m.

Regular Board Meeting February 14 7:30 p.m.

Board Study Session February 21 6:30 p.m.

Safe and Drug Free Schools Task Force February 23 3:30 p.m.

Regular Board Meeting February 28 7:30 p.m.

MARCH 2006

Parent Advisory Committee March 1 7:00 p.m.

Measure C Advisory Committee March 2 7:00 p.m.

Community Advisory Committee March 6 7:00 pm.

Regular Board Meeting March 14 7:30 p.m.

Safe and Drug Free Schools Task Force March 23 3:30 p.m.

Regular Board Meeting March 28 7:30 p.m.

APRIL 2006

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

Parent Advisory Council April 5 7:00 p.m.

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

Regular Board Meeting April 25 7:30 p.m.

Safe and Drug Free Schools Task Force April 27 3:30 p.m.

Note: This is being provided for information only.

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