MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, June 20, 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

Paul P. Strange

 

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):

 

June 27, 2006                                                    7:30 p.m.                                  Regular Board Meeting

August 8, 2006                                                  7:30 p.m.                                  Regular Board Meeting

August 22, 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(3)/Readmissions(11) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

 

3.         Existing Litigation

            Spieler v. Mt. Diablo Unified School District

            Klein v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

                        One potential case.

 

            5.         Conference with Real Property Negotiator

                        Oak Park Christian Center

                        Potential Flood Basin at Pleasant Hill Education Center

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            One probationary administrator.

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – June 20, 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 May 23, 2006.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 05/06-82 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.

 

3.2.3 Resolution 05/06-83 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 Recommendation for Professional Clear Education Specialist Mild/Moderate                           Teaching Credential

Upon completion of a three-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.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.3.2 Request Approval to Eliminate a Vacant Part-time Intermediate Typist Clerk Position              and Create a Secretary Position at Valley View Middle School

Valley View Middle School requests that a part-time 10 hour/week, school day only Intermediate Typist Clerk be eliminated and a part-time 10 hour/week, school day only Secretary position be created.  Fiscal Impact:  The additional cost to the School Improvement Program funds for fiscal year 2006-2007 will be $726.  Funding Source:  School Improvement Program

 

3.3.3 Request to Eliminate Three (3) Vacant Part-time Food Transport Assistant Positions and Create One (1) Part-time Food Transport Assistant Position at Mt. Diablo High School

Food and Nutrition Services requests the elimination of two (2) vacant, part-time 3.5 hour/day Food Transport Assistant positions at Mt. Diablo High School and one (1) vacant 7 hour/day Food Transport Assistant position at Cambridge Elementary School.  There is no impact to the General Fund.  The estimated savings to the Food and Nutrition Services budget for fiscal year 2006-07 is $24,860  Funding Source:  Food and Nutrition Services

 

3.3.4 Reduction in Hours of a Part-time Special Education Assistant I/Classroom Assistant at Olympic High

Reduction in hours for a part-time Special Education Assistant I/Classroom Assistant from 7 hour/day, school day only to the original hours of 6 hour/day, school day only, effective October 12, 2006.  There is no impact to the General Fund.  The hours were original hours already in the fund.  The position is funded by Special Education Resource Staffing.

 

3.3.5 Reduction in Hours of Two (2) Part-time Special Education Assistant I/Classroom Assistants at Mt. Diablo High School

Reduction in hours of two (2) part-time Special Education Assistant I/Classroom Assistants from 6 hour/day, school day only to the original hours of 5 hour/day, school day only effective October 12, 2006.  There is no impact to the General Fund.  The hours were original hours already in the fund.

 

3.3.6 Increase in Work Year for Senior Secretary in Student Services

Student Services requests that an existing full-time, 10.5 month/year, Senior Secretary position be increased to 11 month/year.  Fiscal Impact:  The difference in cost for fiscal year 2006-2007 will be $1,730.  Funding Source:  .80 - $1,402 Tobacco Use Prevention Education II Grant; .12 - $211 Tobacco Use Prevention (Gr. 9-12); .08 - $140 Title IV – SDFSC Grant

 

            3.4        Resolution 05/06-81 to Authorize Year-End Intra-Budget Transfers

 

            3.5        Fiscal Transactions for April 2006 through May 2006

 

            3.6        Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of May 2006

 

            3.7        Application for Carl D. Perkins Vocational and Applied Technology Education Act Funds                             2006-2007

The District has received notification that it is eligible to receive approximately $185,988 for secondary career technical education program improvements and approximately $58,000 for adult education career technical education program improvements through Carl D. Perkins Vocational and Applied Technology Education funds.  There is no impact to the General Fund or to the Adult Education Fund.  No matching funds are required.

            3.8        Real Property Lease Agreement Renewal – The Creek, A Middle School Youth Center –                              Foothill Middle School

The District entered into a real property lease agreement with The Creek, A Middle School Youth Center, for placement of a relocatable building at Foothill Middle School for the purpose of operating a youth center.  The term of the land lease renewal will be July 1, 2006 through June 30, 2007 with automatic renewals each year for five additional years.  Fiscal Impact:  None.  The annual rent remains at $1 in addition to monthly utility charges.

 

3.9        Real Property Lease Agreement Renewal – Dianne Adair Day Care Centers, Inc. – Sequoia Elementary School

            The District entered into a real property lease agreement with Dianne Adair Day Care Center, Inc. for placement of relocatable buildings at Sequoia Elementary School for the purpose of providing before and after-school child care and preschool services.  Term of the land lease will be July 1, 2005 through June 30, 2007 with automatic renewal each year for five additional years.  Fiscal Impact:  The annual rent remains at $1 in addition to monthly utility charges.

 

            3.10      Award of Bid 1426

Award of Bid 1426 to Bleyco, Inc. in the amount of $431,800 to provide sports field lighting at Concord High School.  Funding Source:  Proposition 55

 

            3.11      Contract Amendment

Contract amendment in the amount of $27,000 to Harlan Krusemark, Architect for architectural/engineering services for the replacement of walk in freezer refrigeration units at the six comprehensive high schools.  Funding Source:  Measure A

 

3.12      Resolution 05/06-84 for Authorization to Award School Construction Bid Contracts

            Pursuant to Section 17604 of the California Education, the Board of Education may delegate its authority to the Superintendent and/or his designee to allow for the timely award of various summer bid contracts, which are returned for ratification at the Board of Education meeting on August 8, 2006.

 

3.13      Delta View School Park Joint Use Agreement

            The District and the City of Pittsburg have negotiated a Joint Use Agreement for use of the city park being created adjacent to Delta View Elementary School which will be known as the Delta View School Park.  Fiscal Impact:  First Year – Maintenance Cost $0.00;  Second Year – Maintenance Cost $22,500 (approx.)

 

3.14      Communications License Agreement

            The school district and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., have negotiated an agreement that will allow them to construct and operate a wireless communications site at the Pleasant Hill Education Center.  Fiscal Impact: Signing fee of $15,000 in addition to monthly rental income of $2,500.  Therefore, the District will receive $45,000 the initial year and $30,000 increased by 3% each subsequent year of the agreement.

 

3.15      Food and Nutrition Services Purchase Order

            The District seeks approval from the Board of Education to purchase food and beverages and to issue purchase order/contracts.  Fiscal Impact:  Projected expense not to exceed $803,000 for the 2006-07 school year.  Funding Source:  Cafeteria Fund

 

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 – None

 

8.         SUPERINTENDENT'S REPORT

 

9.         BUSINESS

Action   9.1        Appointment of High School Vice Principal(s)

Interviews have been conducted and candidates selected to fill the High School Vice Principal positions.

 

                                    Recommendation

                                    Approve appointment as presented.

 

Action   9.2        Appointment of Middle School Principal

Interviews have been conducted and a candidate selected to fill the position of Middle School Principal.

 

                                    Recommendation

                                    Approve appointment as presented.

 

Action   9.3        Appointment of Middle School Vice Principal

Interviews have been conducted and a candidate selected to fill the position of Middle School Vice Principal.

 

                                    Recommendation

                                    Approve appointment as presented.

 

Action   9.4        Renaming of Gregory Gardens Preschool to Robert R. Shearer Preschool

Mt. Diablo Unified School District is honoring Mr. Shearer for his leadership and service by renaming the preschool pod at Gregory Gardens Elementary the Robert R. Shearer Preschool.

 

                                    Recommendation

This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Public Hearing   9.5        2006-2007 Proposed Budget

& Action            Presentation of the 2006-2007 budget.

 

                        Recommendation

                        Hold public hearing and adopt budget.

 

Action    9.6      Petition from Montecito Residents to Attend Valle Verde Elementary School, Foothill          Middle Schools and Northgate High School

On June 9 three petitions were submitted from Montecito residents to the Board of Education to consider changing the boundaries for the Montecito development which consists of the following streets:  Montecito Drive, S. Montecito Drive, N. Montecito Drive, Kestrel Court, Peregrine Court, Oak Knoll Drive, Swainsons Court, Merlin Court, Condor Court, Mountain Side Court

 

The petition request changing the boundaries to allow them to attend Valle Verde Elementary School, Foothill Middle School, and Northgate High School.

 

                        Recommendation

                        No recommendation.  The Board previously decided not to do a boundary study.

Public Hearing   9.7        Public Hearing to Adopt the Mt. Diablo Unified School District Special Education Local Plan              Area Annual Service Plan and Annual Budget Plan

As required by Ed. Code Sections 56205, 56205(b)(2) and 56195.7, each Special Education Local Plan Area (SELPA) local plan document requires a service plan component and a budget plan that are updated annually.

 

                        Recommendation

This was presented as information at the meeting of June 8, 2006.  It is now being returned for action.

 

Action    9.8      Release of Temporary Certificated Employees

In accordance with Education Code 44954, the District requests that all teachers on temporary contacts for the 2005-06 school year be released effective June 16, 2006.

 

                        Recommendation

                        Approve release as presented.

 

Action    9.9      Resolution 05/06-85 Accepting Final Environmental Impact Report for the Concord High                   School Stadium Lighting Project

The District’s consultant prepared and circulated a Draft Environmental Impact Report pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 31,000 of seq. (CEQA) for the Concord High School Stadium Lighting Project.

 

                        Recommendation

                        Adopt resolution as presented.

 

Action    9.10    Award of Bid 1429

Award of Bid 1429 to Taber Construction in the amount of $2,915,000 to provide the site utilities at Olympic High School.  Funding Source:  Proposition 55 and Measure A

 

                        Recommendation

                        Approve as presented.

 

Action    9.11    Agreement with Oak Park Christian Center

The Oak Park Christian Center (OPCC) requests that the District allow construction of a new 30 stall parking lot on school district property, the addition of a fire access path, and a license to use existing parking at Pleasant Hill Elementary.  The OPCC will pay for all construction costs. The OPCC will pay the school district $100,000 for the use of District property.

 

                        Recommendation

                        Approve as presented.

 

Action    9.12    To Define and Establish Response to Intervention (RTI) Instructional Materials K-12 to         Address IDEA and Program Improvement

A curriculum specialist working with a committee of K-12 teachers and administrators from schools throughout the district went through a process to identify and review materials suitable for intervention – mathematics.

 

                        Recommendation

                    This was presented as information at the June 8 meeting.  It is now being returned for action.

 

 

 

 

 

 

 

Action    9.13    To Define and Establish Response to Intervention (RTI) Instructional Materials K-12 to         Address IDEA and Program Improvement Needs

A curriculum specialist working with a committee of K-12 teachers and administrators from schools throughout the District went through a process to identify and review materials for intervention – language arts.

 

                        Recommendation

                    This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Action    9.14    Board Policy 5145.12 (a) (b) (c) and Administrative Rule 5145.12 (a) (b) – Search and          Seizure

Board Policy 5145.12 (a) (b) (c) and Administrative Rule 5145.12 (a) (b) are being revised to protect the health, safety and welfare of students and staff. 

 

                        Recommendation

                    This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Action    9.15    Educational Services for Expelled Students

The recent legislation (AB 922 and SB 966) requires that all districts ensure an educational program is provided for all expelled students.

 

Recommendation

This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Action    9.16    Request to Revise (1) Management/Confidential Board Policy 4351 (Salary                                    Administration), and (2) Classified Administrative Rule 4251 (Supervisory Unit Longevity       Pay) to Reflect Revised Career Increment/Longevity Pay and Advanced Degree Stipends

Since the above-named employee groups are not bargaining units and do not have Collective Bargaining Agreements, their salary administration processes and procedures are described in Board Policy.

 

                        Recommendation

                    This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Action   9.17      Job Description for Director of Budget and Accounting

                        Recommend the creation of job description for Director of Budget and Accounting.

 

                        Recommendation

                    This was presented as information at the June 8 meeting.  It is now being returned for action.

 

Action   9.18      Submission of Part I of the 2006-2007 Application

Each year the District submits Part I of the Consolidated Application for Funding Categorical Aid Programs.  Part I of the Consolidated Application consists of the District’s assurance that all programs of the application are implemented according to state and federal mandates.

 

                        Recommendation

                        Approval of Part I of the 2006-2007 Consolidated Application for Funding Categorical Aid                              Programs.

 

 

 

 

 

 

Action   9.19      Renewal of Existing Memorandum of Understanding with Spectrum Center

Mt. Diablo Unified School District is collaborating with Spectrum Center, a non-public school, to place a class of students dually diagnosed with developmental delays as well as social, emotional, and behavioral issues on the Sequoia Middle School campus.  Fiscal Impact:  The cost to the non-public school budget will be $337,111.

 

Recommendation

Approve as presented.

 

Action   9.20      Renewal of Existing Memorandum of Understanding with Spectrum Center

Mt. Diablo Unified School District is collaborating with Spectrum Center, a non-public school, to place a class of students with the diagnosis and/or educational eligibility of autism on the Pleasant Hill Middle School campus.  Fiscal Impact:  The cost to the non-public school budget will be $361,430.

 

                        Recommendation

                        Approve as presented.

 

Action   9.21      Renewal of Existing Memorandum of Understanding with Spectrum Center

Mt. Diablo Unified School District is continuing to collaborate with Spectrum Center, a non-public school, to serve students with the diagnosis and/or eligibility of autism in two non-public school satellite classrooms at Fair Oaks Elementary School.  Fiscal Impact:  The cost to the non public school budget will be $738,835.

 

                        Recommendation

                        Approve as presented.

 

Information        9.22      Adoption of American Sign Language Materials

A Curriculum Specialist worked with a committee of high school American Sign Language teachers to review and select for recommendation for adoption two sets of materials to span three years of American Sign Language (I II, III) currently taught at Clayton Valley and Concord high schools.

 

                        Recommendation

                        This is being presented as information only.

 

Information        9.23      Consider Approval of Positions and Budget to Address Recommendations of the Fiscal Discussion             Crisis Management Assistance Team (FCMAT)

In April 2005 the Contra Costa County Office of Education assigned a FCMAT team to the Mt. Diablo Unified School District. Fiscal Impact:  $580,534  Funding Source:  General Fund

 

                        Recommendation

                        Information and discussion.

 

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.


 

 

JUNE 2006

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

Measure C Advisory Committee                                                 June     15           7:00 p.m.

Special Closed Session                                                             June     19           6:00 p.m.

Regular Board Meeting                                                               June     20           7:30 p.m.

Safe and Drug Free Schools Task Force                                  June     22           1:00 p.m.

Special Board Meeting                                                                June     27           7:30 p.m.

JULY 2006

 

 

No meetings in July

 

 

AUGUST 2006

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

Regular Board Meeting                                                           August    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.