MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, February 27, 2007

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

 

LOCATION CHANGE

Monte Gardens Elementary School

3841 Larkspur Drive

Concord, CA

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):

 

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

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

April 17, 2007                                                    7:30 p.m.                                  Regular 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, Julie Braun-Martin and Dorothy Epps.

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

 

2.         Expulsions(3) /Readmissions(12) - Review Administrative Hearing Panel recommendations regarding:

·         Three student expulsions

·         Twelve readmissions

·         Second extension request

 

3.         Existing Litigation

            Casillas v. Mt. Diablo Unified School District

            Daley v. Mt. Diablo Unified School District

            Heathorn v. Mt. Diablo Unified School District

            Orterry v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

                        One potential case.

 

            5.         Conference with Real Property Negotiator

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            Ten certificated employees.

 

7.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – February 27, 2007

            Topics               ·Negotiations

·Expulsions/Readmissions

                                    ·Existing Litigation

·Anticipated Litigation

                                    ·Real Estate

                                    ·Public Employee Discipline/Dismissal/Release/Complaint

                                    ·Superintendent’s Evaluation

 

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 – none.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 06/07-85 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 irrespective of the designations on their teaching credentials, as long as the teachers competence is verified according to policies and procedures established by the governing board consistent with the language of the statute.

 

3.2.3 Resolution 06/07-86 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 06/07-87 Approval of Provisional Internship Permit (PIP) Request(s)

All requests for a PIP must be presented to the Governing Board of a public school district for approval.

 

                        3.2.5 Addition of .03 Full-Time Equivalent Position (FTE) for 2006-2007 School Year

Request .03 FTE be added to Categorical Fund expenditures.  This action will result in an increase in the expenditure budget of categorical funds in the amount of $1,673.  Funding Source:  Categorical Funds – Title I – Part A (Program Code 3070).

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3.2 Additional FTE for an Assistant to the Hearing Impaired Position at Westwood Elementary School

Request an additional .21875 FTE for an Assistant to the Hearing Impaired position at Westwood Elementary School.  There is no impact to the General Fund.  The cost for 2006-2007 fiscal year will be $2,845 and a full year $5,708 and will be charged to Walnut Creek School District.  Funding Source:  Reimbursement Outside Agency

 

            3.4        Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of January 2007

 

            3.5        Fiscal Transactions for January 2007

 

            3.6        21st Century Community Learning Centers Grant

Request permission to apply for additional funding in the amount of $1,200,000 to begin five new after school programs at El Monte and Westwood elementary schools; and Olympic, Mt. Diablo, and Ygnacio Valley high schools.  There is no impact to the General Fund.  Funding Source:  21st Century Community Learning Centers grant

 

            3.7        Award of Design Services

Award of design services contract to PHd Architects in the amount of $28,000 for the comprehensive design services for the flooring and bleachers replacement at Riverview Middle School.  Funding Source:  Deferred Maintenance Funds

 

4.         RECOGNITIONS - None

 

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        Report and Discussion of Pilot Project Labor Agreement

On May 10, 2005, the Board of Education directed staff to conduct a pilot project labor agreement.  On March 28, 2006, the Board approved a Pilot Project Labor Agreement with local labor groups.  On June 27, 2006, the Board awarded Taber Construction a contract to build nine new classrooms.  The Board approved the Notice of Completion for this project on February 13 and requested a report.

 

8.         SUPERINTENDENT'S REPORT

 

9.         BUSINESS

Public Hearing   9.1        Public Hearing on Facility and Program Needs

The school district has to determine how to address over $600 million worth of facility and program needs.  This includes how to provide competitive salaries for all employees.

 

                        Recommendation

                        Hold public hearing.

 

Action   9.2        Summer School Administrative Position

                        Request approval of administrator for Summer Session 2007.

 

                        Recommendation

                        Approve candidate as presented.

 

Action   9.3        Resolution 06/07-72 Women’s History Month

The California Department of Education has designated March as Women’s History Month.  The resolution recognizes the many contributions made by women in the formation of America’s history.

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   9.4        Resolution 06/07-73 Arts Education Month

The California Department of Education has designated March as Arts in Education Month.  The resolution recognizes the importance of celebrating the arts with meaningful student activities and programs

 

                        Recommendation

                         Adopt resolution as presented.

 

Public Hearing   9.5        Public Hearing – Quality Education Investment Act (QEIA) Application

The district is eligible to apply for the QEIA program on behalf of Bel Air, Cambridge, Fair Oaks, Meadow Homes, Shore Acres, and Ygnacio Valley elementary schools; Glenbrook, Oak Grove, and Riverview middle schools; and Mt. Diablo High School.  Schools selected to participate in the program will receive $500 per student in grades K-3, $900 per student in grades 4-8, and $1,000 per student in grades 9-12 per year for six years.

 

                                    Recommendation

                                    Hold public hearing.

 

Action   9.6        Award of Bid 1444

Award of bid 1444 to Taber Construction in the amount of $7,235,4000 to remove existing mechanical systems and provide heating, ventilation, and air conditioning at Cambridge Elementary; and College Park and Mt. Diablo high schools.  Funding Source:  Proposition 55

 

Recommendation

Approve as presented.

 

Action   9.7        Award of Bid 1445

Award of bid 1445 to BRCO Constructors, Inc. in the amount of $5,300,000 to remove existing mechanical systems and provide heating, ventilation, and air conditioning at Meadow Homes Elementary; and Glenbrook and Riverview middle schools.  Funding Source:  Proposition 55

 

Information                9.8            Overview of Student Information System Cost

                                On January 23, the Board of Education approved the award of bid to Eagle Software to purchase software for the new Student Information System.  Also on January 23, the Board was presented all the associated cost and funding sources for the software, hardware, training, and personnel necessary to implement the system.

 

            Recommendation

            This is presented as information.

 

Action   9.9        Approval of Contract – Eagle Software

                        On January 23, 2007, the Board of Education approved the award of bid to Eagle Software contingent upon formation of a contract between the parties.  The contract is now complete and ready for approval.  Fiscal Impact:  First year - $568,350  Funding Source:  Mandated Cost Reimbursement (unrestricted general fund)

 

            Recommendation

            Approve as presented.

 

Action   9.10      Award of Request for Proposal 1454

            Award of Request for Proposal 1454 to Spectrum K12 School Solutions in the amount of $700,000 for the purchase of the Special Education Software System.  Funding Source:  Mandated Cost Reimbursement (unrestricted general fund)

 

            Recommendation

            Approve award of request for proposal as presented and approval of license agreement.

 

Action   9.11      Special Education Information System – Associated Cost

A representative committee of district special education employees created a detailed list of specifications and completed a thorough review of available alternatives for a special education information system.  Based on the findings of the committee, it is recommending the Encore! Special Education Information System by Spectrum K12 Software.  Fiscal Impact:  None in 2006-2007; $316,504 in 2007-2008 through 2010-2011.  Funding Source:  Mandated Cost (unrestricted general fund)

 

                        Recommendation

                        Approve as presented.

 

Action   9.12      Resolutions of Dedication of Easements

& Public Hearing         Pursuant to the process specified under Section 17556 of the Education Code regarding dedication of easements to any public entity, the Board of Education approved the Resolutions of Intent to Dedicate Easements to the Contra Costa Water District, the City of Concord, and Central Contra Costa Sanitary District properties on February 13, 2007.

                                    Resolution 06/07-74                   Gregory Gardens Elementary

                                    Resolution 06/07-75                   Valle Verde Elementary

                                    Resolution 06/07-76                   Walnut Acres Elementary

                                    Resolution 06/07-77                   Mountain View Elementary

                                    Resolution 06/07-78                   Strandwood Elementary

                                    Resolution 06/07-79                   Valhalla Elementary

                                    Resolution 06/07-80                   Wren Avenue Elementary

                                    Resolution 06/07-81                   Pleasant Hill Education Center

                                    Resolution 06/07-82                   Sequoia Middle

                                    Resolution 06/07-83                   Sequoia Middle

                                    Resolution 06/07-84                   Sequoia Middle

 

                        Recommendation

                        Hold public hearing and adopt resolutions as presented.

 

Action   9.13      Consider Approval of the Budget Advisory Committee Members

On November 27 the Board of Education of the Mt. Diablo Unified School District approved the creation of a twenty-five member Budget Advisory Committee.  The purpose of the Budget Advisory Committee is to:

·         understand the budget development process

·         discover how the budget is the reflection of the district’s educational programs

·         articulate the components of the district’s budget to constituents

·         provide input on budget enhancements and reductions

 

On December 12 the Superintendent presented a plan to the Board of Education for membership, purpose and timeline.

 

For the last month and a half we have been soliciting representatives to serve on the Budget Advisory Committee.

 

                        Recommendation

                        Approve as presented.

 

Action   9.14      Upgrade of Trades Supervisor Position

Recommend upgrade of Trades Supervisor position to more appropriately reflects its current requisite fiscal/administrative responsibilities, span of supervision, consequence of error, and decision making authority.  The total cost of the recommended adjustment of this particular position from range 6 to range 7 on the Management Salary Schedule is $7,778.  Funding Source:  Routine Restricted Maintenance Fund

 

                        Recommendation

                        Approve as presented.

 

Action   9.15      Opportunity for Public Response to California School Employees Association (CSEA) and the Board’s Successor Agreement Initial Proposal and Approval of the Board’s Successor                     Agreement Initial Proposal

At the February 13, 2007 meeting, California School Employees Association (CSEA) and the Board’s Successor Agreement proposals were publicly presented.  They are now being presented for public response.

 

                        Recommendation

Provide opportunity for public response to California School Employees Association (CSEA) and the Board’s Successor Agreement proposals and approve the Board’s Successor Agreement initial proposal.

 

Public Hearing   9.16      Opportunity for Public Response to the Mt. Diablo Education Association (MDEA) Successor Agreement Initial Proposal

At the February 13 meeting, the Mt. Diablo Education Association (MDEA) proposal was publicly presented.  It is now being presented for public response.

 

                        Recommendation

         Provide opportunity for public response to Mt. Diablo Education Association (MDEA) Successor Agreement initial proposal.

 

Action   9.17      Adoption of the Updated Creative Interiors Course of Study

A Curriculum Specialist worked with a teacher at Concord High School to update the existing 1990 Creative Interiors course of study to better align it with the Elements and Principles of Design Curriculum developed by the State of California Department of Education.

 

                        Recommendation

This was presented as information at the February 13 Board meeting.  It is now being returned for action.

 

10.        BOARD FORUM

            This item is here for the Board of Education to discuss any issues of concern.

            10.1      Committee Minutes

 

            10.2      Board Reports

 

            10.3      Issues of Concern

 

11.        ADJOURNMENT

 

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


 

FEBRUARY 2007

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

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

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

Public Hearing                                                                              February    8     7:00 p.m.

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

Public Hearing                                                                              February  20     7:00 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.

Public Hearing                                                                                 March      6     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.

 

 

APRIL 2007

Community Advisory Committee                                                      April        2     7:00 p.m.

Parent Advisory Council                                                                   April        4     7:00 p.m.

Regular Board Meeting                                                                     April      17     7:30 p.m.

Regular Board Meeting                                                                     April      24     7:30 p.m.

Safe and Drug Fee Schools Task Force                                          April      26     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.