MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, January 23, 2007

Closed Session 5:00 p.m.

Regular Session 7:30 p.m.

BOARD OF EDUCATION

Gary L. Eberhart, President

April P. Treece, Vice President

Richard W. Allen

Paul P. Strange

Linda Mayo

 

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 6, 2007                                               7:30 p.m.                                  Special Closed Session

March 13, 2007                                                  7:30 p.m.                                  Regular Board Meeting

March 27, 2007                                                  7:30 p.m.                                  Regular Board Meeting

 

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

 

 

 


CALL TO ORDER – 5:00 p.m. – Note Time Change

 

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, Julie Braun-Martin and Dorothy Epps.

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

 

2.         Expulsions(4)/Readmissions(1) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

      • Four expulsions
      • One readmission
      • Consider request for extension of timeline

 

3.         Existing Litigation

            Mariano v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

                        Two potential cases.

 

            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 23, 2007

            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 January 9, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 06/07-51 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.

 

3.2.3 Resolution 06/07-54 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 06/07-55 Education Code 44258.3 – Board Authorization

Under Ed. Code 44258.2, holders of Single Subject or Secondary credentials who have 12 lower division units or 6 upper units in a subject can be authorized, by Board Authorization, to teach that subject(s) in a middle school or the current school year.

 

3.2.5 Recommendation for Approval of District Internship, Education Specialist, Mild/Moderate Teaching Credential

A three year District Intern Certificate may be approved by the Governing School Board upon the recommendation of Project Pipeline.

 

3.2.6 Recommendation for Approval of District Internship, Single Subject, English Teaching Credential

A three year District Intern Certificate may be approved by the Governing School Board upon the recommendation of Project Pipeline.

 

3.2.7 Assembly Bill 948 – STRS Post-Retirement Earning Limitation

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

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.3.2 Request to Eliminate One (1) Heating and Air Conditioning Mechanic Position and                           Create One (1) Electro-Mechanical Technician Position

In an effort to increase flexibility in assigning and responding to both scheduled and unscheduled electrical and heating, ventilation, and air conditioning service requests, staff recommends that the vacant Heating and Air Conditioning Mechanic position be eliminated and a new Electro-Mechanical Technician position be created.  Fiscal Impact:  Cost increase of $5,813  Funding Source:  Routine Restricted Maintenance Fund

 

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

 

            3.5        Fiscal Transactions for November and December 2006

 

            3.6        Amendment to Contract with BFK Engineers

Staff is recommending that the contract value be increased by $4,000 for the design of a revised sewage pumping system.  Fiscal Impact:  $4,000  Funding Source:  Proposition 55 Funds.

 

            3.7        Notice of Completion

Notice of completion to contract C-825, Bid 1406 to Robert A. Bothman, Inc., who provided the turf renovations at Rio Vista Elementary School, for a total amount of $136,234.  Funding Source:  Measure C

 

            3.8        License Agreement to Install and Maintain a Community Warning Siren at Hidden Valley                           Elementary School

The Contra Costa County Community Awareness Emergency Response (CAER) Group, Contra Costa County is seeking permission, through execution of a License Agreement, to install and maintain a community warning siren at Hidden Valley Elementary School.  There is no impact to the General Fund.

 

            3.9        Resolution 06/07-50 Certification for Carryover of Unmatched District Deferred                                        Maintenance Deposits

The District contributed $1,522,870 to the 2005-2006 Deferred Maintenance Program.  The required amount certified by the State of California is $1,462,408.  The 2005-2006 surplus contribution of $60,462 can be applied to the current year contribution requirement of $1,462,408 by Board resolution.  Funding Source:  $60,462 decrease to the current year District’s Deferred Maintenance Match Contribution

3.10      Independent Contract for Speech-Language Pathologist through the Speech Pathology                           Group

Due to the inability to hire qualified speech-language pathologists to fill all vacancies, the District has had to use staff contracted through an agency in order to fill open positions and meet student Individualized Education Program (IEP) requirements.  The cost of the contract is $97,680.  The expense will be offset by a projected vacancy savings in the Related Services Other Specialized – Staffing Budget (1819).

 

3.11      Independent Contract for a Speech-Language Pathologist through Progressus Therapy, Inc.

            Due to the inability to hire qualified speech-language pathologists to fill all vacancies, the District has had to use staff contracted through an agency in order to fill open positions and meet student Individualized Education Program (IEP) requirements.  The cost of the contract is $70,000.  The expense will be offset by a projected vacancy savings in the Related Services Other Specialized – Operating Budget (1219).

 

3.12      Resolution 06/07-53 Authorizing Acceptance of Local Agreement for Child Care Resource Program

The Governing Board of a public school district must approve the contract with the California Department of Education and name the official who is authorized to sign it.  This contract will result in an increase of $3,000 in Categorical Funds designated for infant-toddler child care and development.

 

4.         RECOGNITIONS

            4.1        College Park High School Cross Country Team – 2006 North Coast Section Champions

 

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        Resolution 06/07-52 African American History Month

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

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   9.2        Appointment of Director of Budgeting and Accounting

Interviews have been conducted and a candidate selected to fill the position of Director of Budgeting and Accounting.

 

                        Recommendation

                        Approve appointment as recommended.

 

 

 

      Action         9.3        Appointment of Elementary Vice Principal

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

 

Recommendation

Approve appointment as recommended.

 

Action       9.4   Contract for a Community Opinion Survey

The Mt. Diablo Unified School District seeks information on the extent to which there is local support for a tax to increase district revenues to restore and maintain critical programs for its students.  Staff recommends contracting with the Center for Community Opinion to complete this work.  Fiscal Impact:  $26,750  Funding Source:  General Fund

 

Recommendation

Approve as presented.

 

Information      9.5         Overview of the Planning Process for the Student Information System

& Discussion               Staff will review the planning process for a new Student Information System as well as five years of projected cost.

 

                        Recommendation

                        Information and Discussion

 

Action   9.6        Award of Request for Proposal 1449 – Eagle Software

A Request for Proposal was issued on October 3, 2006, seeking proposals from qualified contractors to provide a solution for the installation and configuration of the District Student Information System.  Staff recommends an award of contract to Eagle Software for $750,150 contingent upon the formation of a binding contract agreement between both parties.  Fiscal Impact:  First Year $568,250 including support; Four (4) year addition support cost is $45,450 per year for a total cost of $181,800.  Funding Source:  Mandated Cost Reimbursement

 

                        Recommendation

                        Approve as presented.

 

Action   9.7        Student Information System – Associated Cost

Recommend the Aeries Student Information System, by Eagle Software, as the core student information system.  Fiscal Impact:  $411,710 during fiscal year 2006-2007 for all non-personnel costs beyond the cost of the Aeris contract.  $108,619 – Personnel  Funding Source:  Implementation and hardware/infrastructure – all $411,710 from Discretionary Block Grant – District share.  Personnel:  $108,629 from General Fund

 

                        Recommendation

                        Approve as recommended.

 

Action       9.8   Award of Bid 1443

Award of bid 1443 to Arntz Builders, Inc. in the amount of $6,240,152 to provide the        modernization and new classrooms at Sunrise Center, Shadelands Center, and Dent            Center. Funding Source:  Measure C

 

                        Recommendation

                        Approve as presented.

 

Action   9.9        Award of Bid 1442

Award of bid 1442 to Taber Construction, Inc. in the amount of $9,568,600 to provide the modernization and new classrooms to Strandwood Elementary, Diablo View Middle, Loma Vista Adult Center and Willow Creek Center.  Funding Source:  Measure C

 

                        Recommendation

                        Approve as presented.

Action   9.10      Creation of an Eight (8) Hour P.M Custodian Position for Olympic and Mt. Diablo                                            High Schools

In an effort to ensure that site and program housekeeping needs at both Olympic and Mt. Diablo high schools are satisfactorily addressed, staff is recommending the creation of an additional eight (8) hour P.M. Custodian to support the current custodial staffs at these sites (4.5 hours at Olympic High and 3.5 hours at Mt. Diablo High).  Fiscal Impact:  $52,943  Funding Source:  General Fund

 

Recommendation

Approve as presented.

 

Action   9.11      Upgrade of an Education Consultant/Behavior Management Specialist in Special                                             Education

Special Education requests the upgrade of a full-time, 261 day work year Educational Consultant/Behavior Management Specialist position from Range 11 to Range 15.  Fiscal Impact:  The annual cost to the General Fund for 2006-2007 fiscal year will be $2,684 and $4,882 for a full year.

 

Recommendation

Approve as presented.

                                       

Action   9.12      Increase in Work Year for Behaviorist Program Manager

In order to better serve the student population of the Mt. Diablo Unified School District, the District is requesting that the work year for the Behaviorist Program Manager be increased from 222 days per year to 248 days per year.  Fiscal Impact:  This increase in work year will result in an increase to the Designated Instructional Services (DIS) Supplemental Staffing budget (Program Code 1818) in the amount of $916 for the full year or $458 for the period January – June 2007.

 

                        Recommendation

                        Approve as presented.

 

Action   9.13      Opportunity for Public Response to Public Employees Union, Local One’s (CST) and the                                 Board’s Successor Agreement Proposals

At the January 9, 2007 meeting, Public Employees Union, Local One (Clerical, Secretarial and Technical Unit) and the Board’s Successor Agreement proposals were publicly presented.  We are now presenting these proposals for public response.

 

Recommendation

Provide opportunity for public response to Public Employees Union, Local One’s (CST) and the Board’s Successor Agreement proposals.

 

Information       9.14      Public Presentation and Board’s Acknowledgement of Receipt of Union’s Successor                      Agreement Proposal.  Public Presentation and Adoption of Board’s Successor Agreement                      Proposal.

By law, school districts are required to “sunshine” collective bargaining proposals in an open session of the Board.  The proposal from Mt. Diablo School Psychologists Association must first be submitted as an information item and then returned at a later meeting for action.

 

Recommendation

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

 

 

 

 

 

 

 

 

Information       9.15      Public Presentation and Board’s Acknowledgement of Receipt of the District’s Successor                         Agreement Proposal.  Public Presentation and Adoption of Board’s Successor Agreement            Proposal

By law, school districts are required to “sunshine” collective bargaining proposals in an open session of the Board.  The proposal is the Board’s Successor Agreement proposal for Mt. Diablo Education Association.  It must first be submitted as an information item and then returned at a later meeting for action.

 

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.

 


 

 

JANUARY 2007

Parent Advisory Council                                                              January     3     7:00 p.m.

Special Closed Session                                                               January     6     6:00 p.m.

Community Advisory Committee                                                January     8     7:00 p.m.

Regular Board Meeting                                                                January     9     7:30 p.m.

Safe and Drug Free Schools Task Force                                   January   18     3:30 p.m.

Regular Board Meeting                                                                January   23     7:30 p.m.

 

FEBRUARY 2007

Community Advisory Committee                                                February    5     7:00 p.m.

Special Closed Session                                                               February    6     6:00 p.m.

Parent Advisory Council                                                              February    8     7:00 p.m.

Regular Board Meeting                                                                February  13     7:30 p.m.

Safe and Drug Free Schools Task Force                                   February  22     3:30 p.m.

Regular Board Meeting                                                                February  27     7:30 p.m.

 

 

MARCH 2007

Measure C Oversight Committee                                                  March      1     7:00 p.m.

Community Advisory Committee                                                   March      5     7:00 p.m.

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

Regular Board Meeting                                                                   March    13     7:30 p.m.

Safe and Drug Free Schools Task Force                                      March    22     3:30 p.m.

Regular Board Meeting                                                                   March    27     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.