MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, May 22, 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):

 

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

June 19, 2007                                                    7:30 p.m.                                  Regular Board Meeting

August14, 2007                                                 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, 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

            Haley v. Mt. Diablo Unified School District

            Heathorn v. Mt. Diablo Unified School District

            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

·         Two classified employees

·         One certificated administrator

·         Six certificated employees

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – May 22, 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 24, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Recommendation for Preliminary Single Subject: Mathematics with English Learner Authorization

Upon completion of a district intern credentialing program, the Governing Board of the school district must recommend applicants for the preliminary teaching credential.

                        3.2.3 Recommendation for Preliminary Single Subject: Biology with English Learner Authorization

Upon completion of a district intern credentialing program, the Governing Board of the school district must recommend applicants for the preliminary teaching credential.

 

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.

 

3.2.5 Recommendation for Professional Clear Education Specialist: Mild/Moderate Teaching Credential with English Learner Authorization (pending approval)

Upon completion of a district intern credentialing program, the Governing Board of the

school district must recommend applicants for the professional clear teaching credential.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3.2 Correction of a Site Technology Support Technician I Position to a Site Technology Support II Position at Valley View Middle School

Valley View Middle School requests the correction of a part-time, 12 hour/week, 10 month Site Technology Support I position to a Site Technology Support II position.  There is no impact to the General Fund.  The difference in cost for January through June is fiscal year 2006-2007 will be $42.09.  Funding Source:  Valley View School Improvement Plan – 61.73%; PTSA - 38.27%

 

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

 

            3.5        Fiscal Transactions for April 2007

 

            3.6        Consider Approval of Agreement between Mt. Diablo Unified School District and Eagle Peak Montessori Charter School

Beginning in September 2001, Eagle Peak began to serve students in Mt. Diablo Unified School District.  District administration and Eagle Peak staff worked with legal counsel to develop a plan for the delivery of special education services to students enrolled at Eagle Peak with special needs.  Fiscal Impact:  Eagle Peak has agreed to pay $732.12 for each student enrolled on April 1 each year.  This payment reflects Eagle Peak’s contribution toward the share of the special education encroachment.  These costs are reviewed each year.

 

            3.7        Community-Based English Tutoring Program (CBET)

Mt. Diablo Adult Education, in collaboration with Mt. Diablo Unified School District elementary schools, wishes to submit an application to the California Department of Education (CDE) for continued participation in the Community-Based English Tutoring Program (CBET) in the 2007-2008 school year.  There is no impact to the General Fund or to the Adult Education Fund.  No matching funds are required.  Funding Source:  Community-Based English Tutoring (CBET) Program Funds.  CDE will allocate funds on a formula based on the number of LEP pupils identified in the Annual Language Census Survey in the prior year.  The allocation for CBET services to Mt. Diablo Unified School District has ranged from $140,000 to $187,000 depending on the census.

 

            3.8        Award of Design Services Contract for Architectural and Engineering Services for the Replacement of Roofing Systems at Mt. Diablo High School

Award of design services contract to VPRM Associates, in the amount not to exceed $35,000, for comprehensive design services related to the replacement of roofing systems at Mt. Diablo High School.  Funding Source:  Deferred Maintenance

 

            3.9        Contract Amendment to ATI Architects for Architectural/Engineering Services for the Measure C Construction Program

Contract amendment in the amount of $12,200 to ATI Architects for architectural/engineering services for Project Groups I-III of the Measure C Construction Program.  Funding Source:  Measure C

 

            3.10      Contract Amendment to PHd Architects for Classroom Renovations (Remodel at Loma Vista Adult Center to Accommodate Bridge Program)

Contract amendment in the amount of $31,654 for architectural and engineering services associated with the renovation/remodel of three occupancies at Loma Vista Adult Center designated to accommodate the Bridge Program.  Funding Source:  Proposition 55 funding

 

3.11      Contract Amendment to Charles Ham for Architectural/Engineering Services for the Measure C Program – Dent Education Center

            Contract amendment in the amount of $6,282.40 for comprehensive design services related to the Measure C modernization and new construction designated for the Dent Center.  Funding Source:  Measure C

 

4.         RECOGNITIONS

            4.1        Rotary International Charters

·         Rotary Club of Concord/Diablo

·         Rotary Club of Pleasant Hill

·         Clayton Valley/Concord Sunrise Rotary Club

·         Concord Rotary

 

4.2        Presentation of Rebates from Phase 1 of the Energy Conservation Program

 

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        Beginning Teacher Support and Assistance (BTSA) Program Report

Vivian Boyd, Director of Curriculum and Instruction; and Melinda Love, Program Specialist

 

8.         SUPERINTENDENT'S REPORT

 

9.         BUSINESS

Action    9.1      Appointment of Director of Development

The Superintendent has conducted interviews and a candidate has been selected to fill the Director of Development position.

 

                        Recommendation

                        Approve appointment as recommended.

 

Action   9.2        Appointment of Elementary Principal

The principal at Cambridge Elementary was appointed to an interim position.  At this time, the Superintendent is recommending a probationary appointment as Elementary Principal.

 

                                    Recommendation

                                    Approve appointment as recommended.

 

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 recommended.

 

Action    9.4      Appointment of Vice Principal(s) Elementary School

Interviews have been conducted and candidates selected to fill the Vice Principal(s), Elementary School positions.

 

                        Recommendation

                        Approve appointment(s) as presented.

 

Action   9.5        Appointment of Administrator, Coordinated School Support

Interviews have been conducted and a candidate selected to fill the position of Administrator, Coordinated School Support.

 

                        Recommendation

                        Approve appointment as recommended.

 

Action   9.6        Appointment of Coordinator, Student/Community Services 9-12

Interviews have been conducted and a candidate has been selected to fill the Coordinator, Student/Community Services 9-12 position that was created to provide services delineated in Supplemental School Counseling Program legislation.

 

                                    Recommendation

                                    Approve appointment as recommended.

 

Action   9.7        Appointment of Coordinator, Student/Community Services 9-12

Interviews have been conducted and a candidate selected to fill the position of Coordinator, Student/Community Services 9-12 position.

 

                                    Recommendation

                                    Approve appointment as recommended.

 

Action   9.8        Appointment of Coordinator, Student Services 6-8

Interviews have been conducted and a candidate selected to fill the position of Coordinator, Student Services 6-8.

 

                                    Recommendation

                                    Approve appointment as recommended.

 

Action   9.9        Award of Request for Proposal 1462

Award of request for proposal 1462 to Tristar Risk Management in the amount of $644,800 for a three-year period for third-party claims administration of the district’s Workers’ Compensation Program.  Funding Source:  Costs will be covered by savings in Workers’ Compensation expenses.

 

                                    Recommendation

                                    Approve as presented.

 

 

Action   9.10      Exemption from Project Labor Agreement (PLA)

On May 8, 2007 the Board of Education directed that for 12 months all construction projects of at least $2 million in value be conducted under a Project Labor Agreement.  The Board allowed that exemptions from this directive would be considered on an individual basis.

 

                                 Recommendation

Exempt Phase 2 of the Energy Conservation Program, installation of five classrooms and the Technology Center of Olympic High School from the PLA requirement.

 

Action    9.11    Legal Service Contracts

            Board Policy 3600 provides specified District administrators the authority to contract for personal consulting/independent services in accordance with the approved, not to exceed $25,000 per year, to any individual consultant.  There is no impact to the General Fund. This is a cost saving measure to maintain current billable hour rates until June 30, 2009.

 

                        Recommendation

                        Approve as presented.

 

Action   9.12      Approval of Contract Amendment between Cal-Air and the District for Energy Conservation Project Phase 2

Phase 2 of the Energy Conservation/Services Agreement with Cal-Air was presented to the Board for information on May 8, 2007.  It is now being returned for action.  Fiscal Impact:  $3,879,401  Funding Source:  Energy savings, rebates, and waste disposal savings; no net cost.

 

                                 Recommendation

                                    Approve Phase 2 of the district energy conservation program with Cal-Air.

 

Action   9.13      Approval of Comprehensive School Site Safety Plans for 2007-2008

In accordance with Education Codes 32280-32288 is requesting approval of the Comprehensive School Site Safety Plans in order to ensure compliance with state law Board Policy and Administrative Regulations 0450 (a) (b).

 

Recommendation

Approve as presented.

 

                                    Recommendation

                                    Approve as presented.

 

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

By law, school districts are required to “sunshine” collective bargaining proposals in open session of the Board.  The articles from Public Employees Union, Local One Clerical, Secretarial and Technical Unit are being submitted as an information item and will be returned at a later meeting for action.  The original initial proposal was on the Board agenda for public presentation on January 9, 2007 and returned for public comment on January 23, 2007.

 

                                 Recommendation

Acknowledge receipt of Local One Clerical, Secretarial and Technical Unit Successor Agreement articles.

 

Action      9.15      Consider Approval of Reclassification Requests

CSEA, CST, and M&O collective bargaining agreements outline a process for requesting position reclassifications.  Multiple requests to reclassify positions have been made for the 2007-2008 school year.  A committee of representative staff reviewed the requests and recommended several positions for reclassification.  Seven positions are being recommended for Board consideration.  Fiscal Impact:  $60,691  Funding Source:  General Fund - $33,639 and Categorical Fund - $27,052

 

                           Recommendation

                           Approve reclassification requests as presented.

 

Action   9.16      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 was presented as information at the May 8 meeting.  It is now being returned for action.

 

Action   9.17      Williams Uniform Complaints – Quarterly Report

Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions.  This quarter’s report includes the months of February, March, and April 2007.

 

                        Recommendation

                        Ratify the April 2007 Quarterly Report on Williams Uniform Complaints.

 

Information        9.18      Change Title of School Bus Driver Trainer Position to School Bus Driver Instructor and Update Job Description

The Transportation Department is requesting a title change from School Bus Driver Trainer to School Bus Driver Instructor.  The job description has been updated to better describe the current duties and responsibilities of the position of School Bus Driver Instructor. This position will remain at Range 1 of the Management Salary Schedule.

 

                        Recommendation

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

 

Information        9.19      Adoption of Studio Art AP Course of Study

A Curriculum Specialist worked with a committee of high school teachers to develop the Studio Art AP course of study.

 

                        Recommendation

                        This is being presented as information only and will be 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.

 


 

MAY 2007

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.

Health Benefits Committee                                                               May      31      2:00 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.