MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, May 8, 2007

Closed Session 6:00 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 K. 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 recorded electronically.  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):

 

May 22, 2007                                                    7:30 p.m.                                  Regular Board Meeting

June 5, 2007                                                      7:30 p.m.                                  Regular Board Meeting

June 19, 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(5) - Review Administrative Hearing Panel recommendations regarding student expulsions.

 

3.         Existing Litigation

            Spieler v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

 

            5.         Conference with Real Property Negotiator

Property:                       District Fee Interest in 2.0 Acres at the former Oak Park Elementary School Site

                        Agency Negotiator:        Richard Nicoll

Negotiating Parties:        Mt. Diablo Unified School District and County Board of Supervisors

                        Under Negotiation:         Price and terms of payment

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            One uniform complaint appeal.

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – May 8, 2007

            Topics               ·Negotiations

·Expulsions

                                    ·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 April 17, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Memorandum of Understanding between Santa Clara County Office of Education and              Mt. Diablo Unified School District to Provide SB472 English Language Arts Training to                                    Middle School and High School English Language Arts Teachers

Under the provisions of SB472, Santa Clara County Office of Education will provide 5 full days of reading/language arts professional development training from June 17 through June 22, 2007 to English Language Arts middle school teachers for the improvement of all students’ reading/language arts performance.  Fiscal Impact:  $30,000  Funding Source:  SB472 funding

 

 

 

3.2.3 Memorandum of Understanding with Project Pipeline for the Term of May 9, 2007 through June 30, 2010

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.

 

3.2.4 Teacher Education Fieldwork and Student Teaching Agreement with Chapman University for the Term of July 1, 2007 through June 30, 2010

Cooperating teachers who have a student teacher receive a stipend for their services.  In order for colleges or universities to pay this stipend, there must be a signed contract on file with each institution.

 

                        3.2.5 Recommendation for Preliminary or Professional Clear Teaching Credential

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 Credential pursuant to California Education Code 44328.

 

3.2.6 Resolution 06/07-102 Provisional Internship Permit (PIP) Request

All requests for a PIP must be presented to the Governing Board of a public school district for approval.  Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant in the identified position has been made public.

 

3.2.7 Resolution 06/07-104 Education Code 44258.2 – Board Authorization

Under Ed. Code 44258.2, holders of single subject or secondary credentials who have 12 lower division or 6 upper division units in a subject can be authorized, by Board authorization, to teach that subject(s) in a middle school for the 2006-2007 and 2007-2008 school year.

 

3.2.8 Resolution 06/07-105 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 teacher’s competence is verified according to policies and procedures established by the governing board consistent with the language of the statute.

                        3.2.9 Reduction of (.2) Full-Time Equivalent Position (FTE) for the 2006-2007 School                                   Year

Request (.2) full-time equivalent position be eliminated from Categorical Funds.  This action will result in a decrease in the expenditure budget of Categorical Funds in the amount of ($12,044).  Funding Source:  Ygnacio Valley High School – TCHRSEC Program 3866

3.2.10 Reduction of (2.5) Full-Time Equivalent Position (FTE) for the 2006-2007 School Year

Request (2.5) full-time equivalent position be eliminated from General Funds.  This action will result in a decrease in the expenditure budget of General Funds in the amount of $150,550.  Funding Source:  TCHRALT Program 0062 ($120,440); TCHRCIS Program 0061 ($30,110)

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.3.2 Increase in Hours for Campus Supervisor Position at Mt. Diablo High

Mt. Diablo High School requests an existing 15 hour/week, school day only, Campus Supervisor I position be increased to 30 hour/week, school day only.  The impact to the General Fund for fiscal year 2006-2007 will be $4,354 and a full year $24,151.

3.3.3 Request to Add Eight Hours Per Week to an Existing Vacant Site Technology Support II Position

Request the addition of eight hours per week to an existing vacant Site Technology Support II position at Walnut Acres Elementary School.  There is no impact to the General Fund.  The cost for 2006-2007 fiscal year will be $1,270 and a full year $21,904.  Funding Source:  Walnut Acres School Improvement Program (3307) and Walnut Acres Parent Faculty Club (3970)

 

            3.4        Adult Education WorkAbility II Application 2007-2008

Mt. Diablo Adult Education wishes to renew its contract with the Department of Rehabilitation to continue the WorkAbility Program.  The contract amount is $84,769.  There is no impact to the General Fund.  Adult Education will provide $24,680 as a cash match through the existing budget.

 

            3.5        Award of Bids

3.5.1 Award of Bid 1464 to H.Y. Floor and Gameline Painting, Inc., for the total amount of $267,224, to provide the gym floor and bleacher replacement at Riverview Middle School.  Funding Source:  Deferred Maintenance

 

3.5.2 Award of Bid 1467 to Kel-Tec builders, Inc., for the total amount of $862,120, $679,920 (base bid) plus $182,200 (alternate #1), to provide the classrooms renovations at Loma Vista Adult Center.  Funding Source:  Proposition 55

 

            3.6        Award of Inspector of Record (Project Inspector) Contract

Award of inspector of record contract to Alisha R. Jensen in the not to exceed amount of $24,000 for state certified inspector of record services to support the renovations of the classrooms identified to support the Bridge Program at Loma Vista Adult Center.  Funding Source:  Proposition 55 funds.

 

            3.7        Award of Professional Services Contract

Award of professional services contract to Florin Vlasache and Associates, in the amount not to exceed $27,500 for the design of a replacement intercom/clock system at Bancroft Elementary School.  Funding Source:  Deferred Maintenance

 

            3.8        Amendment No. 7 to Contract with Nacht and Lewis Architects

Amendment no. 7 to contract with Nacht and Lewis Architects, in the amount of $14,400 for architectural/engineering services for the Measure C construction program and for the Proposition 55 heating, ventilation, and air conditioning improvement plan.

 

4.         RECOGNITIONS

            4.1        Intel-affiliated Contra Costa Science and Engineering Fair Winners

                        Students

·         Lauren D’Agostino, Sequoia Middle School

·         Victoria Lohman, Sequoia Middle School

·         Jamie Rodemsky, Sequoia Middle School

·         Georgia Barnes, Sequoia Middle School

·         Elise Harmenzon, Sequoia Middle School

·         Katie Williams, Sequoia Middle School

·         Namitha Patil, Sequoia Middle School

·         Leticia DeBrito, Clayton Valley High

·         Kathryn Burton, Clayton Valley High

·         Alicia Terwilliger, Clayton Valley High

·         Tiffany Ng, Clayton Valley High

·         Ashley Poston, Clayton Valley High

·         Arash Bahramnia, Clayton Valley High

·         Jacob Baldree, Clayton Valley High

·         Sarah Fernandes, Clayton Valley High

·         Sonia Fracasso, Clayton Valley High

·         Deanna Partida, Clayton Valley High

·         Junxing (Cici) Chen, Clayton Valley High

·         John Rydel, Clayton Valley High

·         Nick Winfield, Clayton Valley High

 

Teachers

·         Karen Kelly, Clayton Valley High

·         Bea Moore, Sequoia Middle School

·         Frank Redle, Concord High

 

Industry Partners

·         Bio-Rad

·         Chevron

·         Dow

·         John Muir Health

·         JGI

 

            4.2        Association of California School Administrators,  Region VI Winners

·         Rose Lock, Principal, Walnut Acres

Elementary Principal of the Year

·         Laurie Clark, Vice Principal, Olympic High

Co-Administrator of the Year

 

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        Report and Discussion of Health Education Task Force Recommendations

 

8.         SUPERINTENDENT'S REPORT

 

9.         BUSINESS

Action   9.1        Resolution 06/07-103 – Classified School Employees’ Week, May 21-25, 2007

The Board of Education wishes to adopt a resolution to recognize and honor the contribution of the classified school employee to quality education in the State of California and in the Mt. Diablo Unified School District and declare the week of May 21-25, 2007 as Classified School Employees’ Week.

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   9.2        Resolution 06/07-106 In Support of AB 333 –School Library Online Databases

Assembly Bill 333 will establish a mechanism for California to purchase online subscriptions to a core collection of electronic magazines and databases to be utilized by all K-12 students.

 

                        Recommendation

                        Adopt resolution as presented.

 

 

 

 

Report   9.3        Report on Physical Education Teachers Incentive Program Grant and Request for

and Action         Funding – California Department of Education

                           Request permission to submit a grant application, in the amount of $1,049,997, to hire certification physical education specialists.  Funding Source:  California Department of Education

 

                        Recommendation

                        Approve as recommended.

 

Information        9.4        Report on Energy Conservation Project Phase 1 and Presentation of Phase 2

and Discussion         On April 11, 2006 the Board of Education adopted resolution 05/06-64 approving an Energy Conservation/Services Agreement with Cal Air.  Phase 1 has been successful and staff recommends consideration of an expanded scope of work.  The cost of Phase 2 will be covered by energy savings, rebates, and waste disposal savings that are guaranteed by Cal Air.

 

                        Recommendation

         Review progress of Phase 1 of the district energy conservation program and discuss proposal for Phase 2.

 

Action   9.5        Determination of Project for a Project Labor Agreement (PLA)

On March 28, 2006 the Board of Education approved a construction project using a Project Labor Agreement.  That project has now been completed and due to the success of that project, the Board is interested in moving forward with a much broader utilization of Project Labor Agreements so that a more comprehensive study of their effectiveness can be evaluated.  To that end, the Board directs staff to negotiate a Project Labor Agreement with the Building Trades of Contra Costa County that will be one year in length and cover all construction projects in the School District that reach an estimated threshold of  $2 million.

 

                        Recommendation

                        Determine length of Project Labor Agreement and estimated threshold.

 

Action   9.6        Revision to Administrative Rule 4313.3 Personnel Work Year and Vacation Accrual

The 2005-06 audit of the Mt. Diablo Unified School District recommended changes to district procedures regarding the accumulation of excess vacation by employees.  Currently, there is no limit on the amount of vacation that an employee may accrue.  Employees who have unused vacation are compensated at the time of separation from the school district.  In aggregate, such employees create an unfunded financial obligation of the school district.  The proposed change limits the carryover of vacation to 48 days.

 

                        Recommendation

This was presented as information at the April 24 meeting.  It is now being returned for action.

 

Action   9.7        Revision to Board Policy 2310 and Board Bylaw 9270 – Conflict of Interest

California law requires public employees to disclose potential conflicts of interest between their personal business activities and their responsibility for managing public funds.  The proposed revisions record position changes to date.

 

                        Recommendation

        This was presented as information at the April 24 meeting.  It is now being returned for action.

 

Information     9.8        Adoption of the Advanced Placement (AP) French Language Materials

French high school teachers met with a curriculum specialist to participate in the selection of AP French Language Materials (review, guide, and exercise materials).

 

                        Recommendation

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

 

Information     9.9           Review of Board Policy 5111 (Admissions) and Administrative Rule 5111.1 – Residency      Verification

On February 28, 2006 the Board of Education approved changes to Board Policy 5111 and Administrative Rule 5111.1 regarding residency verification.  The policy was in place for the 2006-2007 school year.  Members of the District English Language Learners Advisory Committee have voiced concerns about the policy, administrative regulation and implementation at the school sites.  Specifically, parents of poverty and English language learners are having great difficulty with the required documentation for enrollment in our schools.

 

                        Recommendation

                        Review and discuss.  Determine what changes are necessary.

 

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.

 


 

MAY 2007

Parent Advisory Council                                                                   May        2      7:00 p.m.

Community Advisory Committee                                                      May        7      7:00 p.m.

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

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

Regular Board Meeting                                                                     May      22      7:30 p.m.

Budget Advisory Committee                                                             May      30      5:30 p.m.

 

 

JUNE 2007

Regular Board Meeting                                                                   June        5      7:30 p.m.

Parent Advisory Committee                                                            June        6      7:00 p.m.

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

Regular Board Meeting                                                                   June      19      7:30 p.m.

Safe and Drug Free Schools Task Force                                      June      21      7:00 p.m.

 

 

JULY 2007

 

 

 

NO MEETINGS IN JULY

 

 

 

Note:  This is being provided for information only.

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