MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – January 3, 2006

 

ATTENDANCE:              Board: Linda Mayo, Bill Leal, Dick Allen, Gary Eberhart, April Treece

Administrative Staff: Superintendent Gary McHenry; Associate Superintendent Alan Young; assistant superintendents Mildred Browne, Roger Bylund, Gail Isserman, and Dick Nicoll; General Counsel Greg Rolen

 

1.             CALL TO ORDER

The meeting was called to order by President Mayo at 6:00 p.m.

 

PUBLIC COMMENT:  None

 

CLOSED SESSION:  The Board adjourned to Closed Session at 6:01.  Topics discussed included four expulsions; a request for an extension of the timeline for a suspension hearing; existing litigation (Spieler v. MDUDS); conference with real property negotiator (Oak Park Christian Church); public employee discipline/dismissal/release/complaint;, and superintendent’s evaluation.

 

2.     RECONVENE OPEN SESSION:

Extension of Hearing Timeline

Allen moved, Treece seconded, and the Board voted 5-0-0 to approve the request of Student 19-06 to extend the timeline for the student’s suspension hearing.

 

Public Employee Discipline/Dismissal/Release/Complaint

Eberhart moved, Treece seconded, and the Board voted 5-0-0 to approve the dismissal of employee #15156, effective January 3, 2006.

 

Conference with Real Property Negotiator (Oak Park Christian Center)

Eberhart moved, Treece seconded, and the Board voted 5-0-0 to reject the counteroffer the Oak Park Christian Center submitted in response to a proposal from the District following the December 13, 2005, Board meeting.

 

                Expulsions:

                Student 15-06:  Allen moved, Leal seconded, and the Board voted 5-0-0 that Student 15-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 15-06 may apply for readmission after June 16, 2006.  It is required that Student 15-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

 

                Student 16-06:  Leal moved, Allen seconded, and the Board voted 5-0-0 that Student 16-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 16-06 may apply for readmission after June 16, 2006.  It is required that Student 16-06 participate in individual counseling, community service, the COPS program, Mt. Diablo Unified School District’s Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

                Student 17-06:  Eberhart moved, Treece seconded, and the Board voted 5-0-0 that Student 17-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 17-06 may apply for readmission after June 16, 2006.  It is required that Student 17-06 participate in individual counseling, community service, the COPS program and show evidence of a successful school experience, prior to applying for readmission.

 

                Student 18-06:  Treece moved, Eberhart seconded, and the Board voted 5-0-0 that Student 18-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 18-06 may apply for readmission after June 16, 2006.  It is required that Student 18-06 participate in individual counseling, community service, the COPS program, that District’s Anger Management Workshop and show evidence of a successful school experience, prior to applying for readmission.

 

3.             CONSENT AGENDA

Eberhart moved, Leal seconded, and the Board voted 5-0-0 to adopt the items on the Consent Agenda, thereby approving the following:

3.1          Minutes of the meetings of November 22 and December 13, 2005.

 

3.2          Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Resolution #05/06-33 Variable Term Waiver Requests

Variable term waivers provide applicants with additional time to complete certain requirements for the credential that authorizes the service. The wavier request is made when there is not a properly credentialed person available for the position.

 

3.2.3 Resolution #05/06-34 Provisional Internship Permit (PIP) Requests

The California Commission on Teacher Credentialing authorizes the issuance of a Provisional Internship Permit (PIP) to an employee who meets the minimum requirements and who requires additional time to meet the subject matter competence needed to enter an internship program.

 

3.2.4 Addition of Full-time Equivalent Position (FTE) for the 2005-06 School Year

Added .20 FTE for a WASC Prep Class at Clayton Valley High. Fiscal Impact:  The $13,961. cost to the General Fund is already budgeted within funds assigned to the Associate Superintendent’s office.

 

3.3          Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3.2 Increase in Hours for a Secretary Position at Northgate High School

Increased from 30 to 35 hours/week an existing 9.5-month/year secretary position at Northgate High. There is no impact to the General Fund. The $2,864 increase for fiscal year 2005-06 is funded under the School Improvement Plan.

 

3.3.3 Creation of an Instructional Assistant – Computer Position for Mountain View Elementary School

Created a 12-hour/week, school day only, Instructional Assistant–Computer position at Mountain View Elementary. There is no impact to the General Fund. The $7,737 cost for fiscal year 2005-06 is funded under the School Improvement Plan.

 

3.3.4 Creation of a Site Technology Support Technician I Position at Mountain View Elementary School

Created a 6-hour/week, 10-month Site Technology Support Technician I position at Mountain View Elementary. There is no impact to the General Fund. The  $3,655 cost for fiscal year 2005-06 is funded under School Improvement Plan funds.

               

3.4          Notice of Completion

Contract C-799, Bid 1360, in the amount of $3,359,378 to Pacific Environmental Control, Inc., dba Pencon, for the shop building reconstruction/replacement project at Mt. Diablo High School. Funding Source:  State Building Fund, Building Fund, and Measure C

 

3.5          Award of Contract for Professional Services for Hazardous Materials Project Management and Inspection for the Measure C Program – Group IV Sites

Approved contract not to exceed $150,249 with MS Environmental for hazardous materials management and inspection services related to the Group IV Measure C projects. Funding Source:  Measure C

 

3.6          Multi-year Contract for Requisite Safety and Health Assessments, Chemical Surveys, Inventory and Reporting of Chemical Reagents in District Science Classrooms

Approved a three-year, $48,000 contract with MS Environmental to provide statutory safety and health assessments, chemical surveys, inventory and reporting of all chemical reagents in all District science rooms. Fiscal Impact:  $48,000: $15,000 in 05-06; $16,000 in 06-07; $17,000 in 07-08. Funding Source:  Hazardous Materials Compliance Budget (General Purpose).

 

3.7          Award of Contract for Architectural/Engineering Services for the Measure C Construction Program

Approved contract not to exceed $453,712, including reimbursables, with Harlan Krusemark, Architect, for comprehensive design services related to the modernization and new construction at Loma Vista Adult Center and Diablo View Middle School. Funding Source:  Measure C

 

3.8          Request for Increased Allocation for the Purchase and Installation of One Modular Building at Northgate High School

Agreed to increase the District’s allocation for an additional classroom at Northgate High from $160,000 to $213.000. Fiscal Impact: $53,000. Funding Source:  Developer Fee Fund

 

3.9          Purchase and Installation of One Modular Building at Northgate High School

Approved a purchase order not to exceed $191,000 to Meehleis Modular Buildings, Inc. for the purchase and installation of one (1) 20’ x 32’ modular classroom (960 square feet) at Northgate High School. Fiscal Impact:  $191,000  Funding Source:  $31,000 from Developer Fees; $160,000 from the  Woodlands Homeowners Association

 

3.10        Contract Amendment for Architectural/Engineering Services for the Measure C Construction Program

Approved $63,375 amendment to the contract with Corlett, Skaer and DeVoto Architects to undertake assorted projects at El Monte, Gregory Gardens, Sequoia, and Valhalla elementary schools, the Pleasant Hill Education Center, and others. Funding Source:  Measure C

 

4.             RECOGNITIONS - None

 

5.             PUBLIC COMMENT

Debbie Birnbaum, Sun Terrace Elementary teacher, asked the Board to consider eliminating or reducing the number of combination classes or providing a stipend to teachers who are assigned them. She offered a rationale for her proposal. Norman Berry, parent, expressed his objection to paying the $100 athletic transportation fee that is required of student athletes this year.

 

6.             COMMUNICATIONS - None

 

7.             REPORTS/INFORMATION - None

 

8.                   SUPERINTENDENT'S REPORT

McHenry wished everyone a happy new year. He said the District will continue to have the same goals as last year:

§     Improve the achievement of all students and close the achievement gap.

§     Improve attendance and reduce lost average daily attendance (ADA).

§     Insure access to all programs and services for all students.

§     Improve maintenance and facilities and appearance of the grounds.

§     Improve organizational efficiency.

§     Address legal and programmatic mandates.

§     Support new program initiatives.

§          Career Integrated Academics

§          Early childhood education

§          Smaller Learning Communities

§     Maintain sound fiscal procedures and practices.

 

He said staff is hoping to get some positive news for education when the Governor announces his proposed budget for 2006 next week. If the District does receive more revenues than expected, the Board will need to consider how to allocate it. Should it be used for additional salary increases, to restore critical positions and/or programs that have been cut, or to support infrastructure needs? He pointed out that districts also must comply with the Williams Lawsuit Settlement in terms of textbook sufficiency and teacher qualifications. He is hearing reports that there will be a significant teacher shortage within a few years, so District staff need to work with colleges and businesses on how to attract and prepare people for teaching. Finally, he plans to bring a recommendation to the Board by the first meeting in February on what will happen to students in the Class of 2006 who have not passed the High School Exit Exam. He is meeting with other district superintendents tomorrow to hear what they are doing in this area.

 

9.             BUSINESS

9.1          Contract Extension for the Superintendent

Leal moved, Treece seconded, and the Board voted 4-1-0 (Eberhart, no) to extend the Superintendent’s contract for another year, to June 30, 2009.

 

9.2          Consider Establishing a Board Action Calendar

The Board and Superintendent reviewed a number of items that had come before the Board over the last year and several for which the Board had required follow up. Board members expressed their expectations for each of the following:

 

1.       Report on recommendations from study of custodial services:
Board requests a written report from staff, with a summary presented at a regular Board meeting

2.       Cell phones and electronic devices:
The first reading of a draft policy and rule is planned for the first meeting in February.

3.       Budget Advisory Committee:
The Board wants to have a Budget Advisory Committee. Eberhart and Leal will meet with the Superintendent as a subcommittee to develop criteria for it.

4.       Criteria for school closure:
The Board agreed to postpone further consideration of this issue.

5.       District Technology Plan:
Staff is currently updating and reviewing the District’s Technology Plan and will bring it to the Board for approval in March.

6.       Measure C Priority 2 projects:
Board members requested a list of potential projects with a breakdown of costs, not just for purchase and installation but also for on-going operation. (McHenry reported that air conditioning is the most desired Priority 2 project. It will cost $72 million to purchase and install air conditioning at schools that have requested it. Staff anticipates that $55 million will be left after all Priority 1 projects have been completed.)

7.       High school capacity study:
The Board agreed to cancel the study but still wants information on the impact of the Crystyl Ranch residential development on Northgate High, on the overcrowding at
College Park, and on issues involving the Bay Point community and Mt. Diablo High. (McHenry recommended the study be cancelled because enrollment is declining districtwide. Mayo will work with him to determine ways to bring the issues back to the Board.)

8.       Safety plans:
Staff will bring final plans to the Board for approval in March.

9.       Criteria for additions to the budget:
The Board does want to develop criteria for determining how to allocate any additional revenues.

10.       Study session topics:

Board members agreed they wanted study sessions on the following topics:

a.       Student Discipline/Suspensions, Expulsions
Mayo asked Board members Allen and Eberhart to meet with McHenry to plan this session

b.       Plan for Underperforming Schools

c.        Williams Lawsuit Settlement

d.       No Child Left Behind

11.       High School Exit Exam:
Staff will prepare a draft policy about what to do with students who have fulfilled all graduation requirements except passage of the Exit Exam.

12.       Other: No suggestions at this time.

 

9.3          Waiver to Retain Full Title I Carry Over from Fiscal Year 2004-05

Allen moved, Leal seconded, and the Board voted 5-0-0 to request that the California Department of Education waive the requirement under No Child Left Behind Title I regulations that the District can carry over no more than 15 percent of its Title I balance from one fiscal year to the next. The District’s Title I carryover from 2004-05 to 2005-06 is 16.88 percent. There is no impact to the General Fund. Funding Source:  No Child Left Behind, Title I, Part A: Compensatory Education

 

9.4          Board Policy 1313 and 5133–Gifts to School Personnel

Board policies are being updated to reflect District and California School Board Association language and to incorporate recent California Education Code legislation.  Presented as information only at this time, this item will be returned for action at a subsequent meeting.

 

9.5          Board Committee Assignments

President Mayo made committee assignments for the period of January 1, 2006 through December 31, 2006. The list is attached to the file copy of these minutes.

 

10.          BOARD REPORTS

Eberhart asked fellow Board members to consider rescheduling the June 6 meeting because it is primary election night. He asked staff to find out if the District is required to broadcast Board meetings on the radio if it’s stated on each agenda that they are aired. He recalled with fondness Bill Gripp, principal of Cambridge Elementary when he was a student there, who passed away during Christmas vacation.

Leal announced that he and his wife became grandparents on December 14.

Allen noted that Hal Stuart, another former school principal, also passed away. He told Ms. Mayo that he appreciated her leadership of this, her first meeting as Board president.

Mayo thanked her fellow Board members for their support. She noted that Rayna Long, a long-time food services staff member at Pleasant Hill Elementary, passed away, too.

 

11.          ADJOURNMENT  Mayo adjourned the meeting at 9:04 p.m. in memory of Bill Gripp, Hal Stuart, and Rayna Long.

 

 

 

 

                                                               

Gary McHenry, Secretary