MT. DIABLO UNIFIED SCHOOL DISTRICT James W. Dent Education Center 1936 Carlotta Drive Concord, CA 94519-1397 BOARD OF EDUCATION AGENDA Tuesday, February 28, 2006 Closed Session 6:00 p.m. Regular Session 7:30 p.m.

BOARD OF EDUCATION Linda K. Mayo, President Gary L. Eberhart, Vice President 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):

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

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

April 11, 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(2)/Readmissions(10) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

§ 2 Expulsions

§ 10 Readmissions

§ Consider request for extension of timeline

3. Existing Litigation

Sierra Bay v. Mt. Diablo Unified School District

4. Anticipated Litigation

One potential case.

5. Conference with Real Property Negotiator

§ Oak Park Christian Center

6. Public Employee Discipline/Dismissal/Release/Complaint

§ Three certificated non-administrators

§ Two certificated administrators

§ Two uniform complaints

7. Contract Extensions for Associate Superintendent and Assistant Superintendents

RECONVENE OPEN SESSION – 7:30 p.m.

1. PRELIMINARY BUSINESS

·Pledge of Allegiance

·Roll Call

2. REPORT OF CLOSED SESSION – February 28, 2006

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 meeting of February 14, 2006.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 05/06-57 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.

3.2.3 Resolution 05/06-58 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.

3.2.4 Resolution 05/06-59 Variable Term Waiver Requests

Variable term waivers provide applicants with additional time to complete certain 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.

3.2.5 Change of Funding Source for School Psychologist

Change of funding source for a .60 FTE School Psychologist for the 2005-06 school year. This action will result in a decrease of ($52,159) in the expenditure of School Improvement Program (SIP) funds and an increase of $52,159 in the expenditure of the Immediate Intervention/Underperforming Schools (IIUSP).

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Increase in Hours for a Site Technology Support Technician II at Sequoia Middle School

Sequoia Middle School requests that an existing 7 hour/week, 10 month/year Site Technology Support Technician II position be increased to 10 hour/week, 10 month/year. There is no impact to the General Fund. The increased cost for fiscal year 2005-06 is $2,106. Funding Source: School Improvement Plan funds.

3.4 Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of January 2006

3.5 Grant Application Requests

3.5.1 School Community Violence Prevention Program

Request permission to submit an application to the California Department of Education for a five-year $2,500,000 School Community Violence Prevention Program. There is no impact to the General Fund.

3.5.2 Teaching American History Grant

Request permission to submit an application to the U.S. Department of Education for a $997,757 Teaching American History grant. There is no impact to the General Fund.

3.5.3 Teacher Recruitment and Student Support Grant

Request permission to submit an application to the California Department of Education for a $209,289 Teacher Recruitment and Student Support grant. There is no impact to the General Fund.

3.6 Final Deductive Change Order – Bid 1365, Contract C-802

Final deductive change order to bid 1365, contract C-802 in the amount of ($62,026) to Taber Construction for the construction of new classrooms and the modernization of Hidden Valley Elementary; and Sequoia and Valley View middle schools. Funding Source: Measure C

3.7 Contract Amendment

Contract amendment in the amount of $100,000 to Harlan Krusemark for architectural/engineering services for the Group 5 Measure C Construction Program (Loma Vista Adult Center and Diablo View Middle School). Funding Source: Measure C

3.8 Notice of Completion

Contract C-802, bid 1365 in the amount of $13,003,874 to Taber Construction who provided the modernization and new classrooms at Hidden Valley Elementary School; and Sequoia and Valley View middle schools. Funding Source: Measure C

3.9 Award of Bids

3.9.1 Award of Bid 1406 to Robert A. Bothman, Inc. in the amount of $136,234 for turf renovations at Rio Vista Elementary School. Funding Source: Measure A

3.9.2 Award of Bid 1408 to Shared Technologies, Inc. in the amount of $177,879.61 to provide new telephone systems in 2006 at Hidden Valley, Holbrook, Highlands, and Mt. Diablo elementary schools; and Foothill, Pine Hollow, and Sequoia middle schools. Funding Source: Measure C

3.10 Designation of Applicant’s Agent Resolution

As part of the process for submitting a request for public assistance with the California Office of Emergency Services, the District must submit a resolution authorizing a designated individual to file the application on behalf of the District.

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 Student Representatives

6.2 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 On Track Program – Adult Education

7.2 General Obligation Bonds

8. SUPERINTENDENT'S REPORT

9. BUSINESS

Action 9.1 Review and Clarification of the Process to Fill the Vacant Board of Education Seat

On February 14 the Board of Education decided to use the appointment process rather than conduct a special election to fill the vacant seat on the Board. This item is brought forward for Board review.

Recommendation

Clarify process for filling of vacancy on Board of Education.

Public Hearing 9.2 Public Hearing – Deferred Maintenance Plan

AB 939 Education Code 17584.1 requires that “the governing board of a school district shall discuss proposals and plans for expenditures of funds for the deferred maintenance of school district facilities of a regularly scheduled public hearing.” There is no impact to the General Fund. Funding Source: Deferred Maintenance

Recommendation

Hold public hearing.

Action 9.3 Women’s History Month – March - 2006

The California Department of Education has designated March 2006 as Women’s History month to recognize the many contributions made by women in the formation of America’s History.

Recommendation

Adopt resolution as presented.

Action 9.4 Arts Education Month – March 2006

The California Department of Education has designated March 2006 as Arts Education Month to recognize the importance of celebrating the arts with meaningful student activities and programs.

Recommendation

Adopt resolution as presented.

Action 9.5 Audit Report – Fiscal Year 2004-05

The Board’s audit committee met with the auditors from Perry-Smith & Co. and reviewed the audit for the 2004-05 fiscal year. There were no adjustments made to the district’s financial records. There were some audit findings and recommendations regarding attendance accounting and internal controls as relates to payroll and student funds. District staff reviewed these findings and recommendations and provided a written response to each finding and will take action as identified.

Recommendation

Accept audit report.

Action 9.6 Award of Bid 1399

Award of bid #1399 to Sausal Corporation in the amount of $11,845,589 to provide new classrooms and renovations at Ayers, Monte Gardens, and Mt. View elementary schools. Funding Source: Measure C

Recommendation

Approve as presented.

Information 9.7 Continuation of Edusoft Student Information Software System Contract

Renewal of contract from February 1, 2006 to June 30, 2006. Second term sum is $119,666.28. Renewal of contract from July 1, 2006 to June 30, 2007. Third term sum is $253,498.50 for a total of $373,164.78. Funding Source: The system will be funded through federal and state categorical funds targeted for underperforming students. Second term: Title I - $7,340.32, Small Learning Communities grant - $18,000.00, Block 5 grant - $91,666.28. Third term: Title I - $17,645.00, Block 5 grant - $235,853.50.

Recommendation

This is presented as information only.

Action 9.8 Special Education Assistants

In order to meet legal requirements for special education services and District and classroom needs, the District is requesting Special Education Assistant positions for the 2005-06 school year. Fiscal Impact: The cost to the General Fund for 2005-06 fiscal year from March 1 2006 – June 16, 2006 is $253,463 and the annual cost for 2006-07 is $663,215. Funding Source: General Fund

Recommendation

Approve addition of Special Education assistant positions.

Action 9.9 Review and Clarification of Criteria for Additions to the Budget

At the meeting on January 17, 2006, the Board of Education approved criteria for determining additions to the budget. As part of the discussion at that meeting, Board members said they wanted clearer definitions for some of the criteria. The criteria listed in priority order are:

A. Meet legal and programmatic mandates.

Meet contractual requirements.

Recommendation from oversight agencies – County Office of Education, Fiscal Crisis Management and Assistance Team (FCMAT), State Department of Education, Office of Civil Rights.

B. Competitive salaries.

C. Critical infrastructure support.

D. Establish/restore effective programs.

Recommendation

Review, discuss and clarify criteria for additions to the budget.

Action 9.10 2006 California School Board’s Association (CSBA) Delegate Assembly Election

There are three vacancies in Subregion 7-A for membership on the 2006 CSBA Delegate Assembly. The five candidates for these vacancies are: Laura Canciamilla (Pittsburg USD), Kathi McLaughlin (Martinez USD), Mark Schwartz (Liberty Union HSD), Joyce Seelinger (Antioch USD), and Margot Tobias (Acalanes Union USD).

Recommendation

Consider the candidates and cast ballot.

Public Hearing 9.11 Resolutions of Dedication of Easements

& Action Resolution 05/06-52 Hidden Valley Elementary

Resolution 05/06-53 Highlands Elementary

Resolution 05/06-54 Holbrook Elementary

Resolution 05/06-55 Pine Hollow Middle

Resolution 05/06-56 Sun Terrace Elementary

As a result of planned Measure C work at the above schools 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 it has installed on the District’s behalf. There is no impact to the General Fund.

Recommendation

Hold public hearing and adopt resolutions as presented.

Action 9.12 Employee Contract Extensions for Associate Superintendent and Assistant Superintendents

Employee contracts for the Associate Superintendent and Assistant Superintendents expire on June 30, 2007. The Superintendent is recommending contract extensions for the Associate Superintendent and Assistant Superintendents until June 30, 2009.

Recommendation

Approve contracts until June 30, 2009.

Action 9.13 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 was presented as information at the February 14 board meeting. It is now being returned for action.

Action 9.14 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 was presented as information at the February 14 meeting. It is now being returned for action.

Information 9.15 BP 5131 (e) and AR 5131 (e) – Possession of Cellular Phones and Other Personal Electronic Signaling Devices

Board policy and administrative rule are being revised to include possession and use of cellular phones and other personal electronic signaling devices.

Recommendation

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

Information 9.16 BP 5131.63, AR 5131.63 and E 5131.63 – Anabolic Steroids

Board policy, administrative rule, and exhibit 5131.63 are being revised to comply with the new California Interscholastic Federation policy on the use and abuse of steroids by student athletes.

Recommendation

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

Information 9.17 Board Policy 6178.1 - Work Experience Education

In order to reflect current law, the policy on work experience education has been revised.

Recommendation

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

Information 9.18 District Plan Revision – Work Experience Education

In order to reflect current law, the work experience education plan has been revised.

Recommendation

This is being presented as information only. It 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.

Special Closed Session March 7 4:30 p.m.

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.