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MT. DIABLO UNIFIED BOARD OF EDUCATION AGENDA Tuesday, June 24, 2008 Closed Session 5:00 p.m. Regular Session |
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
*
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
*
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):
August 12, 2008 7:30
p.m. Regular
Board Meeting
August 26, 2008 7:30
p.m. Regular
Board Meeting
September 9, 2008 7:30 p.m. Regular Board
Meeting
**Note: Calendar of
Future Board and Committee Meetings Attached**
CALL TO ORDER – 5:00 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
4. Anticipated
Litigation
One potential case.
5. Conference
with Real Property Negotiator
6. Public
Employee Discipline/Dismissal/Release/Complaint
One
classified employee
7. Superintendent’s
Evaluation
RECONVENE OPEN SESSION
–
1. PRELIMINARY BUSINESS
·Pledge of Allegiance
·Roll Call
2. REPORT OF CLOSED SESSION – June 24, 2008
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
– none.
3.2 Certificated
Personnel
3.2.1 Leaves of
Absence, Resignations, Retirements, Employment
3.2.2 Reduction of
Full-Time Equivalent Positions (FTE) for the 2008-09 School Year
Request reduction of (.40) FTE from Categorical Funds for
2008-09. This action will result in a
decrease in the expenditure budget of Categorical Funds in the amount of
$30,885. Funding Source: High Priority Schools Grant – $18,839; School
Improvement Program - $12,046
3.2.3 Increase in
Full-Time Equivalent Position (FTE) for the 2008-09 School Year
Request 6.33 be added to Categorical Funds for 2008-09. This action will result in an increase in the
expenditure budget of Categorical Funds in the amount of $380,270.93. Funding Source: Title I - $79,128.93; School Improvement Plan
- $33,499;
3.2.4 Post Retirement Contract for Retired
Administrator Evie Groch
Request approval of post retirement contract with retired
administrator Evie Groch in the amount of $424.07 per diem, up to a total
amount not to exceed $27,000. Funding
Source: Title II
3.2.5 Post Retirement Contract for Retired Administrator
Patrick Cleaver
Request approval of post retirement contract with retired
administrator Patrick Cleaver, in the amount of $424.07 per diem up to a total amount
not to exceed $27,000. Funding
Source: Title II
3.3 Classified
Personnel
3.3.1 Leaves of
Absence, Resignations, Retirements, Employment
3.3.2 Elimination of One
Vacant Full-Time Painter Position and Creation of One Full-Time Carpenter
Position
Maintenance, Operations and Facilities requests the
elimination of a vacant full-time Painter position and the creation of a
full-time Carpenter position. There is
no impact to the General Fund. The positions are at the same range (533) of the
Maintenance and Operations salary schedule.
3.3.3 Increase in
Hours for a Part-Time Community Services Assistant Position at
Crossroads Necessary Small High School requests an existing
19.75 hour/week, school day only, Community Service Assistant position be
increased to 25 hour/week, school day only.
Fiscal Impact: Cal-Safe Childcare
Services - $21,221.03; Cal-Safe Supportive Services - $3,808.01
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of May 2008
3.5 Independent
Audit Contract with Perry-Smith LLP of Measure C Expenditure for the Fiscal Year
ending June 30, 2008
As required by Proposition 39, the Measure C Oversight
Committee has requested the services of Perry-Smith to evaluate the District
management’s assertion that Measure C Bond Funds are spent only on school
improvement not on District salaries or administration. Fiscal Impact: Cost proposal not to exceed $10,500. Funding Source: Measure C
3.6 Memorandum
of Understanding between Mt. Diablo Unified School District and Alameda County
Office of Education to Provide SB472 Math Training to Kindergarten through
Algebra Level Teachers
Under
the provisions of SB472, Alameda County Office of Education will provide 5 full
days of math professional development training from June 16 – June 30, 2008 to
math teachers for the improvement of all student’s math performance. Fiscal Impact: $60,000
Funding Source: SB472
3.7 Memorandum
of Understanding between Mt. Diablo Unified School District and Santa Clara
County Office of Education to provide SB472 English Language Arts Training to
Middle School 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 16 through June 20, 2008 to English Language
Arts middle school teachers for the improvement of all students’
reading/language arts performance.
Fiscal Impact: The District is
currently being charged for 17 participants for a total cost of $14,500. We have an agreement with
3.8 Increase
to Memorandum of Understanding between Mt. Diablo Unified School District
with
Increase current memorandum of understanding for Elementary
Mathematics Support Program. Fiscal
Impact: $5,000 Funding Source: Categorical Title I
3.9 Contract
Amendment with IKON Office Solutions for Scanning Services for Student Records
On August 14, 2007 the Board of Education approved a
contract with IKON Office Solutions to upgrade imaging software for the
Personnel and Student Records Departments.
The contract amendment identified 145,979 additional images and related
indexing work as well. Fiscal
Impact: $32,174 Funding Source: Program 5029 unrestricted
3.10 Installation
of Wireless Connectivity at Hidden
The proposed wireless solution offers a cost effective
alternative to trenching, providing conduit, and pulling wire throughout the
school. Fiscal Impact: Not to exceed $60,000 for all equipment and
installation services. Funding
Source: Program 5275 - unrestricted
3.11 Approve
Contract/Purchase Order with Evelina Villa for Foreign Language Interpreting
and Translation Services
for 2008-2009 School Year
Contractor will provide interpreting services at the
3.12 Approve
Contract/Purchase Order with Interpreting and Consulting Services, Inc. for the
Services of
Educational Interpreters for the Deaf for School Year 2008-2009
Due to the difficulty in hiring qualified Educational
Interpreters for the Deaf, the District has to use staff contracted through an
agency in order to meet student Individualized Education Program (IEP)
requirements. The fiscal impact is
$131,000 and is included in the 2008-09 budget.
Funding Source: General
Purpose/Special Education Budget Code
1218 - $124,000; Budget Code 1050 - $7,000
3.13 Approve
Contract/Purchase Order with
Due to the lack of District Foreign Language Interpreters,
it is necessary to hire contract interpreters.
The fiscal impact is $114,000 and is included in the 2008-09 budget. Funding Source: General Purpose/Special Education Budget Code 1300 - $84,000; Budget Code 5045
- $30,000
3.14 Approve
Contract/Purchase Order for Independent Service Contract with Janette Ressue for
a Speech Language Pathologist at
Due to the inability to hire qualified Speech Language
Pathologists to fill all the vacancies, the Special Education Department has to
use independent contractors in the provision of direct and consultative
services to meet student Individualized Education Program requirements. The fiscal impact is $125,800 and is included
in the 2008-09 budget. Funding
Source: General Fund/Special Education Budget Code 1219
3.15 Approve
Contract/Purchase Order for Independent Service Contract with Educational Based
Services for a Speech Language Pathologist at Strandwood Elementary for
2008-2009 School Year
Due to the inability to hire qualified Speech Language
Pathologists to fill all vacancies, the Special Education Department has to use
independent contractors to meet student Individualized Education Program IIEP) requirements. The fiscal impact is $122,840 and is included
in the 2008-0998
budget. Funding Source: General Purpose/Special Education Budget Code 1219
3.16 Approve
Contract between Mt. Diablo Unified
Independent
contractors are used by the Special Education Department in the provision of
direct and consultative services in the
3.17 Approve
Contracts/Purchase Ordersx between Mt. Diablo Unified
Staff is requesting approval of contracts between
3.18 Approve
Contracts/Purchase Orders for Non Public Agency (NPA) for Special Education
Students Receiving Services for the 2008-2009 School Year
3.19 Approval
of Contract between Mt. Diablo Unified
The
Registered Physical Therapist provides direct treatment, consultation, and
evaluations to students of Extended School Year Program as mandated by their
Individualized Education Plans (IEP).
The contract amount for 2008 Extended School Year Program is $15,776 and
is included in the 2008-09 budget.
Funding Source: General
Purpose/Special Education Budget Code
1662
3.20 Approval
of Contract between Mt. Diablo Unified School District and Progressus Therapy,
Inc. to Provide District-Wide Occupational Therapy Services for the 2008
Extended School Year Program
Registered
Occupational Therapists provide direct treatment, consultation and evaluations to
students of the Extended School Year Program as mandated by their
Individualized Education Plans (IEP).
The contract amount for the 2008 Extended School Year Program is $74,022
and is included in the 2008-09 budget.
3.21 Award
of Contract to Kleinfelder, Inc for Professional Testing and Inspection
Services
Award
of contract to Kleinfelder, Inc. in the amount of $19,924 for the professional
testing and inspection services for the Olympic High School classroom
reconstruction project. Funding
Source: Proposition 55
3.22 Resolution
07/08-87 Declaring the Futility of Public Bidding to Award a Contract for the
Installation of New Heating, Ventilation and Air Conditioning Systems in
Classrooms at Woodside Elementary
Home Depot has extended
3.23 Award
of Contract to Home Depot
Award
of contract to Home Depot in the amount of $124,980 for new heating,
ventilation and air conditioning systems at
3.24 Award
of Mandated Cost Consultant Services Contract
Award
of contract with MGT of America, Inc. for the preparation for its mandated cost
claims and to serve as liaison with the State Controller’s Office, Commission
on State Mandates and all other agencies involved with the mandated
reimbursement process. The cost for the
2007-08, 2009-10, and 2010-11 contracts are $35,000 each for a total cost of
$105,000 for three years.
4. RECOGNITIONS
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
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 – None
8.1 Governmental
Accounting Standards Board (Standard #45 on Other Post Employment Benefits)
9. SUPERINTENDENT'S REPORT
10. BUSINESS
Action 10.1 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 10.2 Adoption of the
2008-09 Budget
Based on the proposed budget, the
total Combined General Fund revenue is projected to be $279,835,859 and the
expenditures are projected to be $286,302,869.
The reserve for economic uncertainties is $5,759,017 (2%), and the
undesignated fund balance is $415,181.
Recommendation
Approve
as presented.
Action 10.3 Discussion and
Determination of Additional Budget Reductions
In the fall of 2007 we began a process of budget reductions
to fund compensation increases for employees.
We began contract negotiations with all bargaining units and associations
in the spring of 2007. We actually began
budget reductions on December 11, 2007 after several public hearings in
November.
In January of 2008 the Governor declared a State of
At the June 17 Board of Education meeting, a motion was made
to do more budget reductions. That motion failed on a 2-3 vote. There is still a need for additional
clarification on the item. It is not
clear what the timeline is for a decision on more budget reductions or whether
we want to develop a list of further items for consideration.
Recommendation
The Board can consider
any of the options below:
1. Add other items to the list or develop
a new list.
2. Hold off on doing additional budget
reductions at this time.
3. Provide direction to the
Superintendent.
Action 10.4 Approve Mt.
Diablo Unified School District Execution of Non Public School Placements for the
2008-2009 School Year
prorocess
(IEP), places students in non-public schools who require more
intense, highly structured and at times, secure programs. Fiscal Impact: $7,597,247 for the 2008-09 school year and is
included in the budget. Funding
Source: General Purpose/Special
Education Budget Code 1660
Recommendation
Approve
as presented.
Action 10.5 Approve Master
Contract between Mt. Diablo Unified School District and Speech Pathology
Group for 2008-2009 School Year
Due to the inability to hire
qualified Speech Language Pathologists to fill all vacancies, the Special
Education Department has to use independent contractors in the provision of
direct and consultative services to meet student Individualized Eeducation
Pprogram
(IEP) requirements. Fiscal
Impact: $1,346,240 and is included in
the 2008-09 budget. Funding Source:
General Purpose/Special Education
Budget Code 1219
Recommendation
Approve as presented.
Action 10.6 Approve Master
Contract between Mt. Diablo Unified School District and Progressus Therapy, LLC for the
2008-2009 School Year
Due to the inability to hire
qualified Speech Language Pathologists to fill all vacancies, the Special
Education Department has to use independent contractors to meet student Iindividualized
Eeducation
Pprogram (IEP)
requirements. Fiscal
Impact: $530,432 and is included in the
2008-09 budget. Funding Source: General Purpose/Special Education Budget Code 1219
Recommendation
Approve
as presented.
Action 10.7 Approve
Master Contract between Mt. Diablo Unified School District and Communications Works for 2008-2009 School Year
Due to the inability to hire
qualified Speech Language Pathologists to fill all vacancies, the Special
Education Department has to use independent contractors in the provision of
direct and consultative services to meet Iindividualized
Eeducation
Pprogram (IEP)
requirements. Fiscal
Impact: $566,001 and is included in the
2008-09 budget. Funding Source: General Purpose/Special Education Budget Code 1219
Recommendation
Approve
as presented.
Action 10.8 Contract
Extension with Miller Brown and Dannis
The legal rates are unchanged from
2005-2006. In addition, Miller Brown and
Dannis is applying a 2% discount to all invoices for legal fees effective March
1, 2008 and will continue for the duration of the state’s fiscal emergency. Fiscal Impact: Approximately $67,000 per month.
Recommendation
Approve contract extension as presented.
Action 10.9 Request
to Rescind May 14 Notices of Non-Reemployment that were sent to Specific Certificated
Probationary Employees
The District has received enough
confirmed retirements/ resignation from probationary teachers
to rescind the May 14 notices of non-reemployment that were sent.
Recommendation
Rescind
May 14 notices of non-reemployment that were sent to probationary teachers.
Action 10.10 Modification
to Administrative Rule 6159 – Individualized Education Program (IEP)
Administrative Rule 6159 is being
revised to reflect further changes in the Education Code as it related to
providing services and programs for Special Education students.
Recommendation
This
is being presented for approval.
Action 10.11 Request to Approve Job Description for Instructional
Program Specialist, Categorical Programs, Site-Based
and Creation of Two (2) Full-Time Equivalent Site Based Positions
As part of the District and school
site goal to provide the most effective instructional programs for students,
staff development for instructors, and support personnel, and to acknowledge
the critical role that instruction plays in improving student achievement, the
District is submitting a new job description for a Program Specialist,
Categorical Program, Site Based. Fiscal
Impact:
Recommendation
Approve
as presented.
Action 10.12 Resolution
07/08-88 Relative to the Elimination and Reduction of Classified Positions in
the Maintenance, Operations
and Facilities Department
Program modifications and budgetary
limitations make it necessary to eliminate and reduce classified positions in
Maintenance, Operations, and Facilities.
Fiscal Impact: This reduction
will result in a savings to the General Fund of $224,190 for fiscal year 2008-09.
Recommendation
Adopt
resolution as presented.
Action 10.13 Update Management Job Descriptions,
Titles and Ranges for Maintenance, Operations and Facilities
The following job descriptions have
been updated to better describe the current duties and responsibilities:
Change Assistant Director, Maintenance,
Operations, and Facilities to Assistant Director, Maintenance, Operations, and
Facilities/Maintenance Program Manager
Change Project Manager to
Facilities and Operations Program Manager
Change Facilities
Assessment Manager to Grounds and Facilities Assessment Manager
Recommendation
This was presented as information at the June 17 Board
meeting. It is now being returned for
action.
Action 10.14 Amend and Upgrade the Job Description for
Senior Grounds Leadworker
This job description has been updated
to include the appropriate license for California Pest Control Applicators
Recommendation
This as presented as information at the June 17 Board
meeting. It is now being returned for
action.
Action 10.15 Create Job Description for Resource Conservation
Coordinator
This job description has been
developed to perform complex work implementing resource conservation programs
and strategies.
Recommendation
This was presented as information at the June 17 Board
meeting. It is now being returned for
action.
Action 10.16 Adoption of the Biology I Support Course
of Study
A committee of secondary teachers
and the Science Curriculum Specialist met to develop a course of study for
Biology I Support class. This course is
designed to provide additional support for the students enrolled in Biology I.
Recommendation
This was presented as information at the June 17 Board
meeting. It is now being returned for
action.
Action 10.17 Board Policy 6162.5(a) – Student
Assessment
This update to board policy 6162.5(1)
identified the type of assessment that will be returned to students and parents
for information on student progress and to be used as a study tool and which
assessments may be retained by teachers in order to ensure the integrity of the
assessment.
Recommendation
This was presented as information at the June 17 Board
meeting. It is now being returned for
action.
Action 10.18 Request
Approval of Oak Grove Middle School’s Fourth Year Corrective Action Plan Under the School
Assistance and Intervention (SAIT) Program and the Memorandum of Understanding
(MOU) with the Alameda County Office of Education
Recommendation
This was presented as information at the June 17 Board
meeting. It is now being returned for
action.
Information 10.19 Adoption of
7th Grade Novel The Ghost in
the Tokaido Inn, by Dorothy Hoobler for the Extended Core Literature
List
A Site Literature Committee at
Recommendation
This
is being presented as information only and will be returned for action.
11. ADJOURNMENT
12. CLOSED
SESSION - Items not
completed during the first closed session will be carried over to this closed
session.
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JUNE 2008 |
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Regular Board Meeting June 3
7:30 p.m. |
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Measure C Oversight
Committee June 5
7:00 p.m. |
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Parent Advisory Committee June 4
7:00 p.m. |
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Budget Advisory Committee June 5
7:00 p.m. |
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Regular Board Meeting June
17 7:30 p.m. |
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Safe and Drug Free
Schools Task Force June
19 3:30 p.m. |
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Study Session June
21 9:00 a.m. |
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Regular Board Meeting June
24 7:30 p.m. |
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JULY
2008 |
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NO MEETINGS IN JULY |
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AUGUST
2008 |
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Regular Board Meeting August 12 7:30 p.m. |
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Regular Board Meeting August 26 7:30 p.m. |
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Note: This is being
provided for information only.
Please call 682-8000 ext. 4000 to confirm meeting dates,
times and locations.