MDUSD Board of Education Agenda for April 22, 2008

MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA 94519-1397

BOARD OF EDUCATION

AGENDA

Tuesday, April 22, 2008

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

BOARD OF EDUCATION

April P. Treece, President

Richard W. Allen, Vice President

Paul P. Strange

Linda K. Mayo

Gary L. Eberhart

SUPERINTENDENT

Gary McHenry

ASSOCIATE SUPERINTENDENT

Alan Young, Ed.D., Educational Services

ASSISTANT SUPERINTENDENTS

Mildred Browne, Ed.D., Special Education

Roger Bylund, Elementary Education

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 13, 2008 7:30 p.m. Regular Board Meeting

May 27, 2008 7:30 p.m. Regular Board Meeting

June 3, 2008 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(6) - Review Administrative Hearing Panel recommendations regarding student expulsions.

3. Existing Litigation

Perez v. Mt. Diablo Unified School District

Ruhl 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

RECONVENE OPEN SESSION – 7:30 p.m.

1. PRELIMINARY BUSINESS

·Pledge of Allegiance

·Roll Call

2. REPORT OF CLOSED SESSION – April 22, 2008.

Topics ·Negotiations

·Expulsions/Readmissions

·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 March 11, 2008.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2. Resolution 07/08-76 Variable Term Waiver Request

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 Memorandum of Understanding and Agreement with the University of San Francisco to Provide Education Specialists, Counseling, and Teaching Interns for the Term of April 8, 2008 through June 30, 2009

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 Memorandum of Understanding and Agreement with the University of San Francisco to Provide Teaching Experience for the Term of April 8, 2008 through June 30, 2009

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 agreement or memorandum of understanding on file between the District and the institution providing the student teaching program.

3.2.5 Reduction of Full-Time Equivalent Positions (FTE) for the 2008-09 School Year

Reduction of (.70) FTE from Categorical Funds for the 2008-09 school year. This action will result in a decrease in the expenditure budget of Categorical Funds in the amount of $48,938. Funding Source: High Priority School Grant (3752) .60; Title I (3070) .10

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Funding Change for Adult and Career Education Accountability Specialist Position in Adult Education

Presently, 100% cost of a full-time, 12 month Adult and Career Education Accountability Specialist position in Adult Education is funded through the Adult Education Fund. Adult Education is requesting that 4% of the cost be charged to the Perkins Grant. The funding transfer will result in a savings to the Adult Education Fund of $2,893.92. Funding Source: 4% Perkins Grant $2,893.92; 96% Adult Education $69,454.04

3.4 Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of March 2008

3.5 Fiscal Transactions for March 2008

3.6 Consider Increasing Spending Authority for the Contracts between Mt. Diablo Unified School District Psychology Learning and You (PLAY) and Educational Support Services

PLAY and Educational Support Services are current non-public agency providers of behavioral health services that have been designated as part of student’s Individualized Education Plans (IEPs). Fiscal Impact: The total cost of both contracts is $80,000. Funding Source: Non Public Agencies (1661)

3.7 Award of Inspector of Record (Project Inspector) Contract

Award of contract to Alisha Jensen for the not to exceed amount of $10,880 to provide inspection oversight of ADA doorway improvement work at Ayers and Monte Gardens elementary schools. Funding Source: Measure C

3.8 Award of Inspector of Record (Project Inspector) Contract

Award of contract to Alisha Jensen for the not to exceed amount of $28,000 to provide inspection oversight of the construction of the modular restroom buildings at College Park High School; Sequoia Middle School; and Mt. Diablo Elementary School. Funding Source: Measure A

3.9 Award of Bid 1506 to T.D. Brickley Construction

Award of bid 1506 to T.D. Brickley Construction, in the amount of $97,000, for the accordion wall replacement at Hidden Valley Elementary School and El Dorado Middle School. Funding Source: Deferred Maintenance

3.10 Final Change Order to Contract C-872, Bid 1500, Galedrige Construction, Inc.

Final change order to bid 1500, contract C-872 to Galedrige Construction, Inc. in the amount of $28,047.62 for paving improvements at Pleasant Hill Education Center. Funding Source: Deferred Maintenance

3.11 Notice of Completion to Contract C-872, Bid 1500

Notice of completion to contract C-872, bid 1500 to Galedrige Construction, Inc., in the amount of $207,072.62, who provided the access road renovation at Pleasant Hill Education Center. Funding Source: Deferred Maintenance

3.12 CIF/North Coast Representatives for Mt. Diablo Unified School District High Schools 2008- 2009

Ratify position of principal, vice principal, and athletic director from Concord, Clayton Valley, College Park, Mt. Diablo, Northgate, and Ygnacio Valley high schools to serve as 12 representatives to California Interscholastic Federation North Coast Section for the 2008-2009 school year.

3.13 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 2008-2009 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 of CBET services to Mt. Diablo Unified School District has ranged from $150,000 to $200,000 depending on the census.

3.14 Application for Carl D. Perkins Vocational and Applied Technology Education Act Fund 2008-2009

Mt. Diablo Unified School District has received notification that it is eligible to receive $195,986 for secondary vocational education program improvements and $67,991 for adult education vocational program improvements through Carl D. Perkins Vocational and Applied Technology Education funding.

3.15 Grant Application Requests

3.15.1 California Partnership Academy Grant in the amount of $356,000, over five years, for Mt. Diablo High School’s Academy, for construction, manufacturing and engineering (A.C.M.E.). There is no impact to the General Fund. Funding is provided by California Department of Education.

3.15.2 County Technology Academy (CTAG) in the amount of $8,000 to enhance technology at Riverview Middle School. There is no impact to the General Fund. Funding is provided by Contra Costa County Office of Education and the Dean and Margaret Lesher Foundation.

3.15.3 California Services for Technical and Assistance Training (CalStat) in the amount of $18,000 to serve as a CalStat Regional Institute Host Site. There is impact to the General Fund. Funding is provided by California Services for Technical and Assistance Training (CalStat).

4. RECOGNITIONS - none

5. BOARD FORUM

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

5.1 Committee Minutes

5.2 Board Reports (time limit – 3 minutes)

5.3 Issues of Concern

6. 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.

7. COMMUNICATIONS

7.1 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.

8. REPORTS/INFORMATION

8.1 Update on Programs and Services for Students with Autism

9. SUPERINTENDENT'S REPORT

10. BUSINESS

Action 10.1 Appointment of Principal, Middle School

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

Recommendation

Approve appointment as recommended.

Action 10.2 Resolution 07/08-72 Day of the Teacher, May 14, 2008

The Mt. Diablo Unified School District Board of Education wishes to adopt a resolution acknowledging the lifelong influence that teachers can have on the lives of our children and to express its appreciation for the creativity, dedication, and talent of teachers in the District.

Recommendation

Adopt resolution as presented.

Action 10.3 Resolution 07/08-73 Classified School Employees’ Week

The Mt. Diablo Unified School District 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 declares the week of May 19 – 23, 2008 as Classified School Employees’ Week.

Recommendation

Adopt resolution as presented.

Action 10.4 Resolution 07/08-74 Asian Pacific Heritage Month – May 2008

The California Department of Education has designated May as Asian Pacific Heritage Month. The resolution recognizes the many contributions made by the people from the Asian Pacific lands to the growth and development of California’s Heritage.

Recommendation

Adopt resolution as presented.

Action 10.5 Rio Vista Elementary School Voluntary School Uniform Dress Code

Board Policy and Administrative Rule 5132 provide the policy and procedure for implementing a voluntary uniform dress code.

Recommendation

Approve as presented.

Action 10.6 Tentative Agreement between Mt. Diablo Unified School District and Mt. Diablo Education Association (MDEA)

Subject to terms, conditions, and considerations, both Mt. Diablo Unified School District and Mt. Diablo Education Association have reached tentative agreement.

Recommendation

Approve tentative agreement as presented.

Action 10.7 Special Education Budget 2007-2008

Request budget enhancement to the 2007-2008 Special Education budget. Fiscal Impact: Transportation (5411) $900,000; Non-Public Schools (1660) $2,073.523. The impact of this request will be offset by a savings of $117,463 from Program 3122 (Part B Local Assistance) and an estimated salary savings of $767,450 from other General Fund accounts. Funding Source: Unrestricted General Fund

Recommendation

Approve additional budget allocation for the Special Education Department.

Action 10.8 New Contract between Mt. Diablo Unified School District and The Speech Pathology Group, a Non-Public Agency (NPA), for the 2007-2008 School Year

The Speech Pathology Group is a Non-Public Agency (NPA) and a provider of speech services that have been designated as part of students’ Individualized Education Plan (IEP). Because the amount of anticipated expenditures will exceed $25,000, a contract is requested. Fiscal Impact: $35,000, which will come from the unencumbered funds in the NPA budget (1661)

Recommendation

Approve as presented.

Action 10.9 Contract between Mt. Diablo Unified School District and Independent Contractors for the 2007-2008 School Year

Independent contractors are used by the Special Education Department in the provision of direct and consultative services in the Mt. Diablo Unified School District. Fiscal Impact: The total cost of all contracts is projected to be $143,000, which will come from the unencumbered funds in the NPA budget. (1661)

Recommendation

Approve as presented.

Action 10.10 Request to Rescind March 15 Notices of Possible Lay Off Sent to Probationary Teachers at the Secondary Level with Single Subject Credential, Except Those Holding Credentials in Art, Industrial and Technology Education, Business, and French. In Addition, the District Requests Rescission of March 15 Notices of Possible Lay Off Sent to All Library Media Teachers.

The District requests that the Notices of Possible Lay Off that were sent to teachers holding Single Subject credentials at the secondary level except those holding credentials in Art, Industrial and Technology Education, Business, and French, and Library Media credentials be rescinded.

Recommendation

Approve as presented.

Action 10.11 Resolution 07/08-75 Relative to Elimination and Reduction of Classified Positions

Program modifications and budgetary limitations make it necessary to eliminate and reduce classified positions. The leadership of DMA, CSEA, and CST has been advised regarding this matter.

Recommendation

Adopt resolution as presented.

Action 10.12 Joint Project between Mt. Diablo Unified School District and the City of Concord to Install Gates and Fencing to Support the District Policy of a Closed High School Campus

Request approval of agreement between Mt. Diablo Unified School District and the City of Concord to install gates at both ends of Grant Street and close the gaps in fencing that surround the outer border of Mt. Diablo High School. There is no impact to the General Fund. The City of Concord will provide $43,715 to cover the cost of the installation.

Recommendation

Approve agreement as recommended.

Action 10.13 Board Policy 6146.1 High School Graduation Requirements

Changes in Ed. Code require a statement pertaining to the rights of students who did not pass the High School Exit Exam (CAHSEE) to receive intensive instruction and services for up to two consecutive academic years after the completion of grade 12. Additional changes in Ed. Code require language to clarify the process whereby students may waive a second year of Physical Education.

Recommendation

This has been presented as information. It is now being returned for action.

Action 10.14 Membership Recommendation for Community Advisory Committee

The Community Advisory Committee is recommending Maria Grosskopf for consideration for membership on the Community Advisory Committee.

Recommendation

Approve the new member as presented.

Information 10.15 Adoption of 7^th Grade Novel Blood Red Horse, by K.M. Grant for the Extended Core Literature List

A Site Literature Committee at Valley View Middle School read and prepared the novel, Blood Red Horse, for adoption for the extended core literature list.

Recommendation