MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, August 28, 2007

Closed Session 4:00 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):

 

September 11, 2007                                           7:30 p.m.                                  Regular Board Meeting

September 25, 2007                                           7:30 p.m.                                  Regular Board Meeting

October 9, 2007                                                 7:30 p.m.                                  Regular Board Meeting

 

**Note:  Calendar of Future Board and Committee Meetings Attached**

 

 

 


CALL TO ORDER – 4:00 p.m. (note time change)

 

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(2)/Readmissions(11) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

 

3.         Retention Appeal

            Retention appeal for 7th grade student #2133841

 

4.         Existing Litigation

            Spieler v. Mt. Diablo Unified School District

            O.C. Jones v. Mt. Diablo Unified School District

 

5.         Anticipated Litigation

                        One potential case.

 

            6.         Conference with Real Property Negotiator

 

7.         Public Employee Discipline/Dismissal/Release/Complaint

            Up to five (5) certificated employees.

 

8.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – August 28, 2007

            Topics               ·Negotiations

·Expulsions/Readmissions

·Retention Appeal

                                    ·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 Resolution 07/08-15 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 Resolution 07/08-16 Variable Term Waiver for CBEST 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.

 

                        3.2.4 Resolution 07/08-17 Education Code 44263 – Board Authorization

Under Ed. Code 44263, holders of any California teaching credential who have 18 lower division units or 9 upper division units in a subject can be authorized, by Board Authorization, to teach that subject(s), full or part time.

 

                        3.2.5 Teaching Internship Agreement with Azusa Pacific University

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.

 

                        3.2.6 Memorandum of Understanding with Alliant International University

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.

 

                        3.2.7 Internship Agreement with California State University, Fresno, CHHS/Department of                Nursing for the Term of August 2007 through July 2012

This agreement would allow students from the University’s approved Nursing Program to supplement their learning experience by working with District staff and students.  District staff to participate on an advisory and consulting basis.

 

3.2.8 Resolution 07/08-14 Approval of Provisional Internship Permit (PIP) Request(s)

All requests for a PIP must be presented to the Governing Board of a public school district for approval.  Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant in the identified position has been made public.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

            3.4        Fiscal Transactions for June and July 2007

 

            3.5        Award of Bid 1485

Award of bid 1485 to Crystal Cream and Butter in the amount of $780,599.98 to provide the milk and dairy products district wide.  Funding Source:  Cafeteria Fund

 

            3.6        Contract Amendment to Capital Engineering Consultants

Staff recommends that the existing contract be increased by $13,100 for the provision of comprehensive design and engineering services for the installation of a new dedicated heating, ventilating, and air conditioning system for the Serendipity Kitchen at Mt. Diablo High School.  Funding Source:  Proposition 55 funds.

 

3.7        Contract Amendment – ATI Architects and Engineers (Geotechnical/Consulting Services)

            Contract amendment in the amount of $41,680 for the provision of additional/final site observations and geotechnical reports for 1) Concord and Clayton Valley high schools; and Oak Grove and Riverview middle schools, 2) additional “on call” construction administrations services provided and 3) preparation of consultant reports required to obtain original approval of the Group I Measure C sites.  Funding Source:  Measure C

 

            3.8        Agreement with College Park High Athletic Boosters for a Scoreboard for the Football Field

The College Park High Athletic Boosters has initiated an Agreement with the District for the installation of a scoreboard for their football field.  Fiscal Impact:  None.  The District will pay for the cost of the inspector of record from existing budget.  Funding Source:  College Park Athletic Boosters

3.9        Memorandum of Understanding (MOU) Between Mt. Diablo Unified School District and Project Pipeline Establishing Mt. Diablo Unified School District as the Fiscal Agent

This new MOU is to authorize and establish Mt. Diablo Unified School District as the Fiscal Agent for the Project Pipeline program.  The District will collect indirect cost fees for their services as Fiscal Agent.  Fiscal Impact:  Revenue Generation of $35,132.  Funding Source:  Project Pipeline

 

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 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 – None

 

9.         SUPERINTENDENT'S REPORT

 

10.        BUSINESS

Action   10.1      Resolution 07/08-18 Hispanic Heritage Month

The California Department of Education has designated September 15-October 15, 2007 as Hispanic Heritage Month.  The resolution recognizes the many contributions made by the Hispanic people to the growth and development of California’s heritage.

 

                        Recommendation

                        Adopt resolution as presented.

 

        Action       10.2      Appointment of Administrator, Afterschool Services

Interviews have been conducted and a candidate selected to fill the position of Administrator, Afterschool Services.

 

                        Recommendation

                        Approve appointment as recommended

 

        Action       10.3      Appointment of Personnel Coordinator

Interviews have been conducted and a candidate selected to fill the position of Personnel Coordinator.

 

Recommendation

Approve recommendation as presented.

 

Action   10.4      Resolution 07/08-13 Approval of the Resolution of the Board of Education of the Mt. Diablo   Unified School District Approving the Form of and Authorizing the Execution and Delivery of a Site Lease and a Lease/Purchase Agreement Declaring Its Intent to Reimburse,       Project Expenditures and Authorize Certain Additional Actions

Resolution 07/08-13 is requesting the Corporation to assist the District in financing the energy efficiency improvements project in cooperation with a lender to be selected by the District.  Fiscal Impact:  An amount not to exceed $3,900,000.  The property lease/purchase agreement will be paid for by reductions in energy costs, previously planned deferred maintenance expenditures, rebates from PG&E, and matching state funds.

 

                        Recommendation

                        Adopt resolution as presented.

 

At this time the Board will open a meeting of the Directors of the Mt. Diablo Unified School District Education Facilities Financing Corporation.

 

        Action       10.5      Resolution 07/08-12 Approval of Resolution of the Board of Directors of the Mt. Diablo                           Unified School District Education Facilities Financing Corporation Approving the Form of                              and Authorizing the Execution Agreement, and an Assignment Agreement, and Authorizing                       Certain Additional Actions

The Board of Education approved the financing for Phase I of the Energy Conservation Services Agreement in 2006-2007, this agenda item will be Phase II.  Resolution 07/08-12 authorizes the Mt. Diablo Unified School District Education Facilities Financing Corporation to assist in financing school facilities for the Mt. Diablo Unified School District.  Fiscal Impact:  An amount not to exceed $3,900,000.  The property lease/purchase agreement will be paid for by reductions in energy costs, previously planned deferred maintenance expenditures, rebates from PG&E, and matching state funds.

 

                        Recommendation

                        Adopt resolution as presented.

 

        Action       10.6      Renewal of Memorandum of Understanding with Spectrum Center

Mt. Diablo Unified School District continues to collaborate with Spectrum Center, a non-public school, to renew the Memorandum of Understanding for Northgate High School and combine five collaborative classrooms under one MOU.  The fiscal impact of this MOU is the same as the existing contract obligation to fund current collaborative classrooms.  The MOU reduces the per student rate, expands the capacity without raising the costs, and caps the costs for three years at $2,215.000 annually.

 

                        Recommendation

                        Approve the Memorandum of Understanding as presented.

 

Action   10.7      Adoption of 6th Grade Novel The View From Saturday, by E. L. Konigsburg for the Extended Core Literature List

A Site Literature Committee at Valley View Middle School worked with a Curriculum Specialist to read and prepare The View From Saturday for adoption of the Extended Core Literature list.

 

                        Recommendation

        This was presented as information at the August 14 meeting.  It is now being returned for action.

 

Action   10.8      Board Policy 5111.2 (a) and Administrative Rule 5111.2 (a) Nonresident Foreign Students

Board Policy 5111.2 (a) and Administrative Rule 5111.2 (a) are presented to clarify who has authority to approve/deny J-1 Visa applications.

 

                        Recommendation

This was presented as information at the August 14 meeting.  It is now being returned for action.

11.        ADJOURNMENT

 

12.        CLOSED SESSION - Items not completed during the first closed session will be carried over to this closed session.

 


 

AUGUST 2007

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

Regular Board Meeting                                                               August 28                 7:30 p.m.

 

 

 

SEPTEMBER 2007

Measure C Task Force Meeting                                               September     9              7:00 p.m.

Regular Board Meeting                                                          September   11              7:30 p.m.

Safe and Drug Free Schools Task Force                                  September   20              3:30 p.m.

Regular Board Meeting                                                           September   25              7:30 p.m.

 

 

 

OCTOBER 2007

Regular Board Meeting                                                                October      9             7:30 p.m.

Regular Board Meeting                                                                October    23             7:30 p.m.

Safe and Drug Free Schools Task Force                                       October    25             3:30 p.m.

 

 

 

 

 

Note:  This is being provided for information only.

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