MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, November 14 , 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):

 

November 28, 2006                                            7:30 p.m.                                  Regular Board Meeting

December 12, 2006                                            7:30 p.m.                                  Regular Board Meeting

January 9, 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 and Julie Braun-Martin.

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

 

2.         Expulsions

Review Administrative Hearing Panel recommendations regarding seven (7) student expulsions.

            Return for consideration Student 7-07 from October 24 Board meeting.

 

3.         Existing Litigation

            N.V. Heathorn v. Mt. Diablo Unified School District

            Spieler v. Mt. Diablo Unified School District

            Matthew Orterry v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

 

            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

 

7.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – November 14, 2006.

            Topics               ·Negotiations

·Expulsions

                                    ·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 October 10, 2006.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

 

                        3.2.2 Resolution 06/07-40 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 Increase of Full-Time Equivalent Position (FTE) for the 2006-2007 School Year for the Regional Occupational Program (ROP)

Request .80 FTE be added to categorical programs to align with the information received from the County.  This action will result in an increase in the expenditure budget of Regional Occupational Program funds (Program 3990) in the amount of $54,539.  Funding Source:  Regional Occupational Program (ROP) – Program 3990 (funded by the County Office of Education)

 

3.2.4 Request to Reinstate Two Beginning Teacher Support and Assistant (BTSA) Peer Assistance and Review (PAR) Coaches

Reinstate 2.0 Beginning Teacher Support and Assistant (BTSA) Peer Assistance and Review (PAR) Coaches in order to provide service for approximately 36-40 teachers beyond the contractual caseload of 18.  This action will result in an increase to the expenditure budget of BTSA in the amount of $95,105 and increase to the expenditure budget of PAR (3700) in the amount of $16,783 for the remainder of the 2006-2007 school year.  Total Categorical expenditure increase $111,888.  Funding Source:  Beginning Teacher Support and Assessment (Program Code 3312 – 85%) and Peer Assistance and Review (Program code 3700 – 15%)

 

3.2.5 Increase Full-Time Equivalent Position (FTE) for the 2006-2007 and 2007-2008 School Year

Request 1.0 FTE to be added to Mandated Cost Reimbursement.  This action will result in an increase in the expenditure budget of $106,625 for the time period of November 1, 2006 through June 30, 2008.  Funding Source:  Mandated Cost Reimbursement

 

3.2.6 Resolution 06/07-41 Provisional Internship Permit (PIP) Request(s)

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

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.3.2 Creation of an Instructional Assistant Position for Valhalla Elementary School

Request creation of a 15 hour/week, school day only, Instructional Assistant position for Valhalla Elementary School.  There is no impact to the General Fund.  The cost for this position in fiscal year 2006-2007 will be approximately $6,400 and a full year $8,357.11.  Funding Source:  Valhalla Parent Faculty Association (3970)

 

                        3.3.3 Eliminate a Vacant Part-time Job Developer Coach Position and Create a Part-Time Secretary Position for the Workability I Program

Request the elimination of one (1) vacant part-time 30 hour/week, school day only, position and the creation of one (1) part-time, 30 hour/week, school day only, Secretary position.  The leadership of CSEA and CST has been notified of this change.  There is no impact to the General Fund.  There will be a savings of $5,777 in fiscal year 2006-2007 and $11,555 for a full year.  Funding Source:  Workability Grant (3136)

 

                        3.3.4 Change Existing Full-Time Site Technology Support Technician I Position to a Site Technology Support Technician II Position

Mt. Diablo, Valle Verde, and Walnut Acres elementary schools currently share a 40 hour/week, 10/month Site Technology Support Technician position.  All three (3) schools would like to change the hours and upgrade the position to a Site Technology Support Technician II position.  There is no impact to the General Fund.  The proposed increased will affect the funding as follows:

      • Mt. Diablo Elementary – Additional cost of $2,309 for 2006-2007 fiscal year (PFC) to increase from 10 to 12 hour/week.
      • Valle Verde Elementary – Savings of $2,129 for 2006-2007 fiscal year (PTA) to reduce from 19 to 17 hour/week.
      • Walnut Acres Elementary – Additional cost of $43 (SIP) and $25 (PFC) for 2006-2007 fiscal year to remain at 11 hour/week (SIP .1750% and PFC .1000%)

 

Funding Source:  Parent Faculty Club/Parent Teacher Association (3970) and School Improvement Funds (3307)

 

3.3.5 Funding Change for Adult Education Senior Account Clerk

Loma Vista Adult Education requests a transfer of .05 FTE and associated costs from program code 7901 (Adult Ed. Admin. Costs) to program code 3201 (Perkins Grant).  There is no cost to the General Fund.  This results in a cost savings to the Adult Education fund of $1,208 and a cost to the Perkins Grant of $1,028.

 

            3.4        Approval of Revised Community Day Expenditures Reports for Fiscal Years 2002-2003; 2003-2004; and 2004-2005

Education Code Section 48660.2 requires that at least 90 percent of the funds received by each local educational agency (LEA) for community day schools be spent on direct instructional and documented support costs.  Fiscal Impact:  Avoid $90,409 reduction in state revenue.  Funding Source:  Community Day School Fund

 

3.5        Memorandum of Understanding between Mt. Diablo Unified School District and St. Mary’s College School of Education

Mt. Diablo Unified School District requests to continue the agreement with St. Mary’s College School of Education.  The total amount of the MOU is $7,500.  There is no impact to the General Fund.  Funding Source:  Beginning Teacher Support and Assessment Categorical Funds.

 

            3.6        Approval of After School Education and Safety (ASES) Program Transition Application for 21st Century Community Learning Centers Grant

Request permission to submit a grant application to the State of California After School Education and Safety (ASES) Program in the amount of $1,191,712.  There is no impact to the General Fund.  Funding Source:  California After School Education and Safety Program grant.

 

3.7        Approval for Submission of After School Education and Safety Program Grant

            Request permission to submit a grant application to the California After School Education and Safety Program in the amount of $1,148,250 for comprehensive CARES (Collaborative Academics, Recreation and Enrichment for Students) After School Programs.

 

3.8        Approval of Contract Between Mt. Diablo Unified School District and Antonio Jones

            Request approval of contract with Antonio Jones in the amount of $50,500 to provide training and technical support in the areas of exemplary practices, youth development and peer coaching for the expansion of ten (10) additional CARES After School sites.  There is no impact to the General Fund.  Funding Source:  California After School Education and Safety Program grants

 

            3.9        Award of Contract for Inspector of Record Services

Award of contract to Paul Lucido in the amount of $8,500 for the provision of required inspection services for the installation of the new HVAC system at Northgate High School and the installation of interim housing at Concord High School.  Funding Source:  $6,500 – Energy Conservation Project; $2,000 – Developer Fee Budget

 

3.10      Award of Contract for Conducting Removal Action Oversight, Removal Action Excavation Activities and Preparing Statutory Reporting and Agency Liaison Activities for the Removal Action at the Olympic High/Willow Pass Site

Award of contract to Shaw Environmental and Infrastructure, Inc. for a not to exceed amount of $34,700 for conducting comprehensive removal action services on the Olympic High/Willow Pass property.  Funding Source:  Proposition 55 funding.

 

            3.11      Award of Bid 1450

Award of Bid 1450 to Kel-Tech Builders, Inc. in the amount of $668,465 to provide the renovations to Willow Creek Center to house Diablo Day School.  Funding Source:  Proposition 55

 

            3.12      Award of Design Services Contract

Award of contract to Wilsey Ham Engineering, Planning and Surveying in the not to exceed amount of $14,286 for the engineering/design of a paved service/fire lane at Concord High School.  Funding Source:  Redevelopment Funds

 

3.13      Award of Design Services

Staff recommends comprehensive architectural/engineering services related to the design of a replacement pedestrian bridge at the northern edge of the Sequoia Middle School property be performed by DASSE Design for a not to exceed amount of $11,500.  Funding Source:  Pleasant Hill Redevelopment Funds.

 

3.14      Award of Professional Services for Hazardous Materials Project Management and Inspection for HVAC Improvement Program

Staff recommends approval of a not to exceed fee of $68,568 to MS Environmental for professional services related to the hazardous materials management inspection for Phase I of the District HVAC Improvement Program.  Funding Source:  Proposition 55 Funding.

 

            3.15      Contract Amendment #2 to Consolidated Engineering Laboratories

Approve contract amendment to Consolidated Engineering Laboratories in the amount of $176,000 for professional testing services for the Measure C Program, Group V Schools.  Funding Source:  Measure C

 

            3.16      Final Change Orders

3.16.1 to Bid 1364, Contract C-801 to Arntz Builders in the amount of $852.849 for the modernization and new classrooms at Holbrook Elementary and El Dorado and Foothill Middle School.  Funding Source:  Measure C

 

3.16.2 to Bid 1437, Contract C-846 to Kel-Tec Builders in the amount of $2,099.18 for kitchen renovations at Meadow Homes Elementary School.  Funding Source:  Developer Fees

 

            3.17      Notices of Completion

3.17.1 to Contract C-801, Bid 1364 in the amount of $13,734,982 to Arntz Builders who provided the modernization and new classrooms at Holbrook Elementary and El Dorado and Foothill middle schools.  Funding Source:  Proposition 55

 

3.17.2 to Contract C-841, Bid 1426 in the amount of $431,800 to Bleyco, Inc. who provided the sports field lighting at Concord High School.  Funding Source:  Proposition 55

 

3.17.3 to Contract C-846, Bid 1437 in the amount of $140,384.18 to Kel-Tech Builders, Inc. who provided the kitchen renovations at Meadow Homes Elementary School.  Funding Source:  Developer Fees

            3.18      Annual Renewal of Bi-Tech Services Contract

The annual support agreement between Bi-Tech and the District which provides for customer support and software updates for the Integrated Financial Administrative Solution System (IFAS).  The contract covers service from September 15, 2006 through September 14, 2007.  The cost of the contract is $49,800.  This amount is already budgeted, so there is no impact to the General Fund.  Funding Source:  General Purpose Funds

 

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        Contract Extension for the Superintendent

The Superintendent is evaluated by the Board of Education annually, on or before November 1.  Based on a satisfactory evaluation, the Board can elect to extend the contract of the Superintendent.  The contract period is for July 1, 2006 through June 30, 2010.

 

                        Recommendation

                        Approve contract extension as presented.

 

Action   9.2        Consider Approval for Supplemental School Counseling Program – Policy and Rule 6164.2

Recently adopted legislation, AB 1802 and SB 131 created a supplementary school counseling program for 7th through 12th grade students.  There is no cost to the General Fund.  $1,162,060 will be used to hire Student Services Coordinators to provide these services.  Funding Source:  Supplementary School Counseling Program.  Funding is calculated at $70 per 7th-12th grade pupil based on 2005-2006 CBEDs enrollment.

 

                        Recommendation

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

 

Action   9.3        Quarterly Report on Williams Uniform Complaints

Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions.  This quarter’s report includes the months of August, September and October 2006.

 

                        Recommendation

                        Ratify the October 2006 Quarterly Report on Williams Uniform Complaints.

 

Action   9.4        Contract between Mt. Diablo Unified School District and Progressus Therapy, Inc.

Consider approval of contract between Mt. Diablo Unified School District and Progressus Therapy, Inc. to provide Occupational and Physical Therapy Services for the 2006-2007 school year.  Fiscal Impact:  The contract amount for the 2006-2007 school year is $1,224,576.  Funding Source:  NPA Occupational Therapy budget.  Monies have been budgeted for these services.

 

                        Recommendation

                        Approve contract as presented.

 

Action   9.5        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.

 

                        Recommendation

Present the Board’s Successor Agreement Proposal and acknowledge receipt of Local One’s (M & O) Successor Agreement proposal.

 

Information        9.6        Approval of Four (4) New Hourly Job Descriptions for the After School Program

The following job descriptions have been created to support the enrichment and nutrition activities of the After School Program.

 

            After School Recreation Specialist I – Flat Hourly Rate $9.00

            After School Recreation Specialist II – Flat Hourly Rate $10.00

            After School Site Coordinator I – Flat Hourly Rate $16.00

            After School Site Coordinator II – Flat Hourly Rate $18.00

 

There is no impact to the General Fund.  Funding Source:  State After School Education and Safety Program Grant (3871).

 

                        Recommendation

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

 

Information        9.7        Job Description for Coach/Specialist (Teacher on Special Assignment)

There are numerous grants which call for coaching support to implement the goals of the grant.  This job description could be used to support such positions.

 

                        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.


 

NOVEMBER 2006

 

Parent Advisory Council                                                           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.

 

 

 

DECEMBER 2006

 

Community Advisory Committee                                               December   4     7:00 p.m.

 

Parent Advisory Council                                                            December   6     7:00 p.m.

 

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

 

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

 

 

 

JANUARY 2007

Parent Advisory Council                                                              January     3     7:00 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.

 

 

Note:  This is being provided for information only.

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