MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, December 11, 2007

Closed Session 6:00 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):

 

January 8, 2008                                                 7:30 p.m.                                  Regular Board Meeting

January 22, 2008                                               7:30 p.m.                                  Regular Board Meeting

February 12, 2008                                              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, 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

            Spieler v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

 

            5.         Conference with Real Property Negotiator

Property:                       District Fee Interest in 2.0 Acres at the former Oak Park Elementary School Site

 

Agency Negotiator:        Richard Nicoll

 

Negotiating Parties:        Mt. Diablo Unified School District and County Board of Supervisors

 

Under Negotiations:        Price and terms of payment

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            One classified employee

 

7.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

1.1.       REPORT OF CLOSED SESSION – December 11, 2007

            Topics               ·Negotiations

·Expulsions

                                    ·Existing Litigation

·Anticipated Litigation

                                    ·Real Estate

                                    ·Public Employee Discipline/Dismissal/Release/Complaint

                                    ·Superintendent’s Evaluation

 

2.         ORGANIZATIONAL MEETING

            2.1.1     Election of President December 2007 – December 2008

            2.1.2     Election of Vice President December 2007 – December 2008

            2.1.3     Appointment of Secretary/Clerk to the Governing Board of Trustees

            2.1.4     Establishment of Day, Time, Place of Regular Board Meetings

            2.1.5     Adoption of Certification of Signatures

            2.1.5     Board Committee Assignments

 

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 November 13, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 07/08-47 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 Increase in Full-Time Equivalent Position (FTE) for the 2007-2008 School Year

Request .60 FTE be added to Categorical funds.  This action will result in an increase in the expenditure budget of Categorical Funds in the amount of $37,672.

 

3.2.4 Assembly Bill 948 – STRS Post-Retirement Earnings Limitation

Legislation was enacted which authorizes STRS to grant an exemption from the post-retirement earnings limitation of up to two years for members retired from service who are appointed as a trustee, administrator or fiscal advisor.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

            3.4        Fiscal Transactions for November 2007

 

            3.5        Contract Amendment #8 – Corlett Skaer and DeVoto Architects, Inc.

Contract amendment in the amount of $5,880 to Corlett, Skaer and DeVoto Architects, Inc. for architectural/engineering services for work identified in the Measure C Facility

Improvement Program.  Funding Source:  Measure C

 

3.6        Final Deductive Change Order to Bid 1399, Sausal Corporation

            Final deductive change order in the amount of $123,111.71, to bid 1399, Sausal Corporation for new classrooms and facility renovations at Ayers, Monte Gardens, and Mountain View elementary schools.  Funding Source:  Measure C

 

3.7        Notice of Completion to Contract C-827, Bid 1399

            Notice of completion to contract C-827, bid 1399 to Sausal Corporation in the amount of $12,068,818.62, who provided the modernization and new classrooms at Ayers, Monte Gardens, and Mountain View elementary schools.  Funding Source:  Measure C

 

            3.8        Purchase of Two Passenger Vans

Staff requests the purchase of two (2), twenty (20) passenger vans to support two (2) new proposed routes.  The District may “piggyback” on current contract per Public Contract Code 20118.  Therefore, staff recommends award of a purchase order to A-Z Bus Sales, Inc. and piggyback on bid for Waterford Unified School District.  Fiscal Impact:  $126,720  Funding Source:  Transportation Department Bus Replacement Budget

 

            3.9        Grant Application Requests

                        3.9.1 After School Demonstration Site Grant

Request permission to submit a grant application to the California Department of Education for funding to serve as one of ten After School Demonstration Sites in the state.  Holbrook Elementary and Riverview Middle would serve as the two sites for the District.  Fiscal Impact:  The grant would generate up to $225,000 over three years.  There is no cost to the General Fund.

 

3.9.2 Specialized Secondary Program (SSP) Grant Application for Mt. Diablo High School

Request permission to submit a grant application to the California Department of Education to establish the Humanities and Fine Art Academy (HAFA) Specialized Secondary Program (SSP) at Mt. Diablo High School.  Fiscal Impact:  The grant will generate up to $235,000 over four years.  There is no cost to the General Fund.

 

3.9.3 City of Concord Community Development Block Grant

Request permission to submit a grant application to the City of Concord for funding to increase enrichment services to eight eligible CARES After School sites in Concord (Cambridge, Fair Oaks, Meadow Homes, Wren Avenue, and Ygnacio Valley elementary schools; Glenbrook and Oak Grove middle schools; and Mt. Diablo High School).  Fiscal Impact:  The grant will generate up to $70,000 over two years.  There is no cost to the General Fund.

 

            3.10      Resolution 07/08-46 Approving a Contract Agreement with School Project for Utility Rate                             Reduction (SPURR)

Adopt a resolution approving a contract agreement with SPURR pursuant to the provisions of Sections 6500 (Joint Powers Agreement) of the California Government Code, for the purpose of operating an aggregated natural gas acquisition program.  There is no impact to the General Fund.

 

 

4.         RECOGNITIONS

            4.1        Recognition of Outgoing President – Gary Eberhart

 

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        Student Representatives

 

7.2        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

Public Hearing   10.1      Public Hearing and Recommendation on Possible Budget Reductions

& Action               The Board of Education has to consider budget reductions to pay for unanticipated expenses and to meet compensation demands by employee groups.

 

                        Recommendation

                        Hold public hearing and approve budget reductions.

 

Action   10.2      2007-2008 First Interim Report

Education Code 42130 requires each school district to prepare two interim report for its Governing Board during the fiscal year, October 31 and January 31.

 

                        Recommendation

                        Approve the 2007-2008 First Interim Report as presented.

 

Action   10.3      Appointment of High School Vice Principal

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

 

                        Recommendation

                        Approve appointment as recommended.

 

Action 10.4        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   10.5      Mt. Diablo Unified School District Execution of Non Public School Placements for the 2007-                        2008 School Year

Non Public School day treatment and residential placements occur for students with serious emotional and behavioral needs and are completed jointly with Contra Costa County Mental Health.  The revised Non Public School budget amount is $4,200,000, which has $2,354,166.70 remaining.  The cost of the placements is $4,248,803.71. The impact on the General Fund is $1,894,637.01.

 

                        Recommendation

                        Approve placements as presented.

 

Action   10.6      2007-2008 Master Contract and Individual Services Agreement (ISA) for Non Public                                     Schools and Agencies

The Bay Area Special Education Local Planning Area Collaborative is a group of fourteen districts and Special Education Local Plan Areas (SELPA’s) who meet on an annual basis to enhance and maintain a consistent fiscal relationship with Non Public Schools (NPS) and Non Public Agencies (NPA) which serve children with special needs.

 

                        Recommendation

                        Approve 2007-2008 Master Contract and ISA as presented.

 

Action   10.7      2007-08 Single Plan for Student Achievement

Senate Bill 374 requires that as a condition of receiving funding for specified categorical programs, the District will ensure that each school in the District operating those categorical programs consolidates any plans that are required by those programs into a single plan to be known as the Single Plan for Student Achievement.

 

                        Recommendation

                        Approve plans as presented.

 

Action   10.8      Call for Nominations for California School Board’s Association (CSBA) Delegate Assembly

Nominations for CSBA's Delegate Assembly will be accepted until January 7, 2008.  Any CSBA member K-12 school district is eligible to nominate Board members within their geographic region or subregion.  Each Board may nominate as many individuals as it chooses.  All nominees must serve on a CSBA member board.

 

Recommendation

Reply to request for nominations for CSBA delegate assembly.

 

 

 

 

 

 

 

 

Action   10.9      Appointment to California School Board’s Association Delegate Assembly

Based on the Average Daily Attendance (ADA) of the Mt. Diablo Unified School District, the Board is entitled to two representatives to CSBA’s Delegate Assembly.  The delegates have two-year terms, with the positions expiring in alternate years.  The position currently held by Gary Eberhart expires in 2008.  CSBA has requested the name of the Board representative who will serve the term April 1, 2008 through March 31, 2010.

 

                        Recommendation

   Appoint Board member or reappoint Gary Eberhart for the two year term which expires March 31, 2010.

 

Information        10.10    Consider Approval of Board Policy for the Use of Cellular Phones

In order to satisfy IRS documentation and substantiation requirements regarding taxable income, the district must establish a system which requires the employee to maintain documentation distinguishing personal and business charges as well as a system for the district to audit the employee’s bills to confirm proper business usage. 

 

                        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.

 


 

 

 

JANUARY 2008

Community Advisory Committee                                            January       7   7:00 p.m.

Regular Board Meeting                                                           January       8   7:30 p.m.

Parent Advisory Committee                                                    January       9   7:00 p.m.

Regular Board Meeting                                                           January     22   7:30 p.m.

Safe and Drug Free Schools Task Force                              January     24   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.