MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, September 26, 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):

 

October 10, 2006                                               7:30 p.m.                                  Regular Board Meeting

October 24, 2006                                               7:30 p.m.                                  Regular Board Meeting

November 14, 2006                                            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 and Julie Braun-Martin.

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

 

2.         Expulsions(1)/Readmissions(3) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

 

3.         Existing Litigation

            Shaefer v. Mt. Diablo Unified School District

            Golden Bay Fencing v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

                        One potential case.

 

            5.         Conference with Real Property Negotiator

Property:           District fee interest in the former Oak Park Elementary School site on the North side of Oak Park Blvd., west of the EBMUD right-of-way corridor, Pleasant Hill (2 acres) and ball fields at Pleasant Hill Education Center,

1 Santa Barbara Road, Pleasant Hill

Agency Negotiator:        Richard Nicoll

Negotiating Parties:        Contra Costa County and Mt. Diablo Unified School District

Under Negotiation:         Price and terms of payment

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            One certificated employee

 

            7.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – September 26, 2006.

            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 of the meeting of August 22, 2006.

           

3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 06/07-26 Education Code 44258.2 – Board Authorization

Under Ed. Code 44258.2, holders of Single Subject or Secondary credentials who have 12 lower division units 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 current school year.

 

                        3.2.3 Resolution 06/07-27 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 of 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.

 

                        3.2.4 Resolution 06/07-23 Approval of Provisional Internship Permit (PIP) Request

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

 

                        3.2.5 Resolution 06/07-22 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.

 

                        3.2.6 Creation of a Grant-Funded Position for the 2006-07 School Year

Request .20 grant funded full time equivalent position for the 2006-07 school year.  This action will result in a reduction in the expenditure budget of Title II and an increase in the expenditure budget of Reading First Subgrant funds in the amount of $18,978.  Funding Source:  Reading First Subgrant – Program Code 3860

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

            3.4        Fiscal Transactions for August 2006

 

            3.5        Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of August 2006

 

            3.6        Resolution 06/07-25 Adopting the “Gann” Limit

The Gann Limit worksheets are designed so that districts fully utilize all of the income to which they are entitled by law.  Following receipt of these worksheets, the state completes its own Gann Limit calculations.

 

            3.7        Independent Contract for a Speech Pathologist through Progressus Therapy, Inc.

Request independent contract for a Speech Pathologist through Progressus Therapy, Inc. in the amount of $101,000.  There is no impact to the General Fund.  Funding Source:  Related Services Other Specialized – Operating Budget (1219)

 

            3.8        Amendment No. 5 to Contract with Natch and Lewis Architects

Contract amendment no. 5 in the amount of $51,296 for architectural/engineering services for the Proposition 55 Heating, Ventilation and Air Conditioning (HVAC) improvement program.  Funding Source:  Proposition 55 funds.

 

            3.9        Final Change Order to Bid 1412, Contract C-833

Final change order in the amount of $621 to bid 1412, contract C-833 to B & B Grading and Paving, Inc. for paving improvements at Pine Hollow Middle School.  Funding Source:  Deferred Maintenance Program

 

            3.10      Notices of Completion

3.10.1 Contract C-830, Bid 1409 to Harry L. Murphy, Inc. for a total expenditure of $496,189 for flooring installation 2006 at Bel Air, Valhalla, and Walnut Acres elementary schools; Diablo View, Glenbrook, Riverview, and Valley View middle schools; and Mt. Diablo, Northgate, and Ygnacio Valley high schools.  Funding Source:  Deferred Maintenance

 

3.10.2 Contract C-831, Bid 1411 to Bell Products, Inc. for a total expenditure of $412,613 for HVAC improvements in Wing 300 at Ygnacio Valley High School.  Funding Source:  Deferred Maintenance

 

3.10.3 Contract C-833, Bid 1412 to B & B Grading and Paving, Inc., for a total expenditure of $107,288 for paving improvements at Pine Hollow Middle School.  Funding Source:  Deferred Maintenance

 

3.10.4 Contract C-838, Bid 1410 to Arntz Builders, Inc., for a total expenditure of $253,900 for window replacement at Valhalla Elementary School.  Funding Source:  Deferred Maintenance

 

            3.11      Award of Professional Services Contract

Award of professional services contract to Florin Vlasache and Associates in the amount of $15,000 for the design of distribution service at Loma Vista Adult Center to support the planned renovations to house the Bridge Program.  Funding Source:  Measure C

 

            3.12      Contract for Architectural/Engineering Services

Contract awarded to Charles Ham Associates in the amount not to exceed $10,666 for architectural/engineering services associated with the preparation of drawings and specifications for the solicitation of a term contract.  Funding Source:  Measure C

 

3.13      Geotechnical Hazards Study and Pipeline Risk Analysis for the 11.3 Acre Site Located in the Alves Ranch Property

            Request approval from the California Department of Education of a future school site for a 11.3 acre site located in the Alves Ranch property.

 

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 Elementary School Principal

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

 

                        Recommendation

                        Approve appointment as recommended.

 

Action   9.2        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.

 

                        Recommendation

                        Approve appointment as recommended.

 

Action    9.3      Certification and Approval of the 2005-06 Statement of Receipts and Expenditures, the Annual Closing of the Books (SACS Unaudited Actuals)

The Governing Board of each school district shall certify and file the annual statements of all receipts and expenditures of the District for the preceding  fiscal year with the county superintendent of schools.

 

                        Recommendation

                        Approve as presented.

 

Action   9.4        Resolution 06/07-24 Disability Awareness Month – October 2006

October has been designated as Disability Awareness Month. The Special Education Department and Mt. Diablo Unified School District wish to affirm its support of the importance of an appreciation for the diversity of all people.  The Mt. Diablo Unified School District also recognizes the contributions made by people with disabilities throughout history and encourages schools to participate in activities that enhance awareness of and sensitivity to individuals with disabilities.

 

                         Recommendation

                        Adopt as recommended.

 

Action   9.5        Request for Authorization to Purchase Four (4) Wheelchair Vans

The Transportation Department presently maintains a fleet of seventeen (17) operable wheelchair vans.  The number of wheelchair students requiring transportation in 2006-2007 has increased from the 2005-2006 ridership of 26 students to 31 students.  Additionally, the number of host sites has increased by three (3) this year.  It is imperative that four (4) additional wheelchair vans be obtained as soon as is reasonably possible.  Fiscal Impact:  $245,548 ($61,387 per bus).  Funding Source:  General Fund, anticipated offset from Mandated Cost Funds

 

                        Recommendation

                        Authorize purchase of four (4) wheelchair vans as presented.

 

Action   9.6        Adult Education Certificated and Flat Hourly Rate Increase

Mt. Diablo Adult Education (MDAE) requests approval to grant a 4% rate increase for adult Education teachers effective September 16, 2006.  Certificated substitute rates and non-instructional hourly rates will also be increased by the same percentage.  MDAE also wishes to increase the Community-based Instructor rate to $20.49 per hour effective September 16, 2006.  Also request approval to grant a 4% increase for Teacher/Program Coordinators effective September 1, 2006.

 

There is no cost to the General Fund.  The total cost to the Adult Education Fund for

2006-07 program year is approximately $130,211.

 

                        Recommendation

                        Approve as presented.

 

Action   9.7        Declaration of Impacted Schools

Board policy #5118A states “the Board shall annually determine the enrollment capacity of each district school”.  It is recommended that the following schools be declared impacted and closed to transfers because they are at capacity:  College Park, Concord, and Northgate high schools; and Meadow Homes elementary school.

 

                        Recommendation

                        Approve as presented.

 

Action   9.8        Memorandum of Understanding with Alameda County Office of Education

Alameda County Office of Education will be the external entity providing support to Riverview Middle School, and Shore Acres and Bel Air elementary schools as required by the High Priority School Grant Program.  Fiscal Impact:  $75,000  Funding Source:  High Priority Schools Grant Program

 

                        Recommendation

                        Approve as presented.

 

Action   9.9        Award of Contract to Vanir/3DI for Program and Construction Management Services for the Proposition 55 Heating, Ventilation and Air Conditioning (HVAC) Improvement Program

Staff recommends that the contract for comprehensive construction management services be awarded to Vanid/3DI in the amount not to exceed $1,597,180 including reimbursables.  Funding Source:  Proposition 55 Funds.

 

                        Recommendation

                        Approve as presented.

 

Action   9.10      Adoption of the Novel Fight Club by Chuck Palahniuk

An English/Language Arts Site Literature Adoption Committee from Mt. Diablo High School worked under the supervision of a curriculum specialist to undertake the study of Fight Club to be added to the Extended Core Literature list.

 

                                    Recommendation

            This was presented as information at the September 12 Board meeting.  It is now being returned for action.

 

Information        9.11      Consider Approval of Criteria for Site and District Discretionary Block Grant

As part of the State Budget Act, money has been set aside for discretionary block grants for districts and individual school sites.  It is estimated that the district will receive approximately $19 per ADA and site $56 per ADA.  Fiscal Impact:  $1,947,568

 

                        Recommendation

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

 

Information        9.12      Board Policy 6145.6 – International Exchange

Update to Board Policy 6145.6 to match California School Boards Association (CSBA) language.

 

                        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.


 

SEPTEMBER 2006

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

Measure C Oversight Committee                                           September     7       7:00 p.m.

Special Closed Session                                                         September     9       8:00 a.m.

Community Advisory Committee                                            September   11       7:00 p.m.

Regular Board Meeting                                                           September   12       7:30 p.m.

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

Safe and Drug Free Schools Task Force                              September   21       3:30 p.m.

Regular Board Meeting                                                           September   26       7:30 p.m.

 

 

OCTOBER 2006

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

Parent Advisory Committee                                                       October     4         7:00 p.m.

Regular Board Meeting                                                              October    10        7:30 p.m.

Safe and Drug Free Schools Task Force                                 October    19        3:30 p.m.

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

 

 

 

NOVEMBER 2006

Parent Advisory Committee                                                      November   1        7:00 p.m.

Community Advisory Committee                                              November   6        7:00 p.m.

Regular Board Meeting                                                             November 14        7:30 p.m.

Safe and Drug Free Schools Task Force                                November 16        3:30 p.m.

Regular Board Meeting                                                             November 28        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.