MT. DIABLO UNIFIED
BOARD
MEETING –
ATTENDANCE: Board: Linda Mayo,
Administrative Staff: Superintendent
Student Representatives: Erika Moore,
Mt. Diablo High (voting); Avani Mody, Concord; Brian Herrity, Northgate;
Kaitlyn Strand, Olympic; David Cranmer, Ygnacio Valley
The meeting was called to order by President Mayo at
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned
to Closed Session at
Readmissions
Treece moved, Allen
seconded, and the Board voted 4-0-0 to approve staff’s recommendation to admit
1 student, readmit 6 students, and deny readmission to 6 students who had not
met requirements.
Existing Litigation (N.V. Heathorn v MDUSD)
Allen moved,
Eberhart seconded, and the Board voted 4-0-0 to approve staff’s recommendation
in regard to a settlement in the case of N.V. Heathorn v MDUSD.
Public Employee Discipline/Dismissal/Release/Complaint
Treece moved,
Eberhart seconded, and the Board voted 4-0-0 to dismiss classified employee
#14959.
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at
Expulsions:
Student
20-06: Allen moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 20-06 be expelled from all schools and
programs of the
Student
21-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 21-06 be expelled from all schools and
programs of the
Student
22-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 22-06 be expelled from all schools and programs
of the
Student
23-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 23-06 be expelled from all schools and
programs of the
Student
24-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 24-06 be expelled from all schools and
programs of the
Student
25-06: Eberhart moved, Treece seconded,
and the Board voted 4-0-0 that Student 25-06 be expelled from all schools and
programs of the
Student
26-06: Treece moved, Allen seconded, and
the Board voted 4-0-0 that Student 26-06 be expelled from all schools and
programs of the
3. CONSENT AGENDA
After pulling items 3.4 and 3.6 at staff’s request, Eberhart
moved, Allen seconded, and the Board voted 4-0-0 (Student Rep, yes) to adopt
the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meeting of
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 05/06-35 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 05/06-36 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.
3.2.4 Resolution 05/06-37 Education
Code 44256(b) – Board Authorization
Under Ed. Code 44256(b), holders of multiple subject or
elementary 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.
3.2.5 Resolution 05/06-38 Education
Code 44258.3 – Board Authorization
Under Ed. Code 44258.3, holders of any
3.2.6 Student Teaching Agreement with
The purpose of this agreement is to engage the
3.2.7 Multiple and Single Subject Credential Internship
Agreement with
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.
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations,
Retirements, Employment
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of December
2005—PULLED
3.5 Dean
and Margaret Lesher Foundation Funds
Approved receipt of funds from the Dean and Margaret Lesher
Foundation to pay for expanded and increased enrichment services to the Contra
Costa County After School 4 All Collaborative. There is no impact to the
General Fund. Total funding for three years is $180,000. Funding Source: Dean and Margaret Lesher Foundation Grant
3.6 Award
of Bid 1404 to Teleset, Inc.—PULLED
3.7 Contract
Amendments for Architectural/Engineering Services for Charles Ham Associates
Approved amendments to Charles Ham Associates contract in
the amount of $54,355. Funding Source:
Proposition 55 - $21,000; Fire Insurance - $6,355; Developer Fees -
$27,000
3.8 Final
Change Orders
3.8.1 Final Change Order to Bid 1339, Contract C-781
3.8.2 Final Change Order to Bid 1374, Contract C-807 RAN
Electric, Inc. in
the amount of $22,619 for electrical upgrades, group I at
3.8.3 Final Change Order to Bid 1376, Contract C-809 to RAN
Electric, Inc. in
the amount of $9,587.80 for electrical upgrades group II at Holbrook Elementary
and
3.9 Notices
of Completion
3.9.1 Notice of Completion to C-781, Bid 1339 in the amount of $5,119,475.36 to
Sierra Bay Contractors, Inc., who provided the new classrooms and modernization
work at Wren Avenue Elementary and Olympic High School. Funding Source: Measure C
3.9.2 Notice of Completion to C-807, Bid 1374 in the amount of $272,619 to RAN
Electric, Inc. who provided the electrical upgrades, package A at Highlands and
Mt. Diablo elementary schools, and Pine Hollow Middle School. Funding
Source: Measure C
3.9.3 Notice of Completion to C-809, Bid 1376 in the amount of $259,857.80 to RAN
Electric, Inc. who provided the electrical upgrades, package C at Holbrook
Elementary; and El Dorado and Foothill middle schools. Funding Source: Measure C
3.10 Contract
for Architectural/Engineering Services for Replacement of the “Walk-in”
Freezer/Refrigeration Units at the Six Comprehensive High Schools
Approved $34,000 contract with Harlan Krusemark for
comprehensive design services related to replacement of walk-in
freezer/refrigeration units. Funding Source:
Measure A
3.11 Five-year
Partnership Program Agreement with Icon Enclosures, Inc.
Approved five-year $135,000 agreement with Icon Enclosures,
Inc. to provide vending equipment with security enclosures at
3.12
Approved agreement with John F. Kennedy University (JFKU) to
establish a suicide prevention program. Fiscal Impact: $39,000 for 15 trainees and supervision.
There is no impact to the General Fund. Funding Source: School Emergency Response to Violence (SERV)
Suicide Prevention Grant.
4. RECOGNITIONS – None.
5. PUBLIC COMMENT
Jerry Okendo, League of United Latin American Citizens
(LULAC), said his organization does not believe the District has responded
adequately to complaints it made last fall in regard to services for English
language learners at
6. COMMUNICATIONS
6.1 Student
Representatives
Avani Mody,
6.2 Organizations:
None
7. REPORTS/INFORMATION
Maureen Kilmurray of the Concord
Literacy Coalition described the group and its work. Founded by Susan Bonilla,
current mayor of
8.
SUPERINTENDENT'S REPORT
McHenry reviewed the challenges ahead for the District in
2006. The Williams v State of
9. BUSINESS
9.1 Appointment
of Construction Manager II
Treece moved, Eberhart seconded, and
the Board voted 4-0-0 (Student Rep, yes) to appoint Steven Adelson as
Construction Manager II, effective
9.2 Summer
School Administrative Positions
Allen moved, Treece seconded, and the
Board voted 4-0-0 to approve two summer school 2006 administrator assignments:
Jenny Vargas, principal of Westwood, and
9.3 Request to Freeze One Journey Level Electro-Mechanical
Technician Position and Create One Apprentice Electro-Mechanical Technician
Position
Treece moved, Eberhart seconded, and the Board voted 4-0-0
(Student Rep, yes) to freeze one journey-level Electro-Mechanical Technician
position and to create on apprentice Electro-Mechanical Technician position.
McHenry explained that the District has been unsuccessful in
recent attempts to hire a journey-level Electro-Mechanical Technician. To
maintain sufficient personnel to perform the duties and responsibilities of the
position, staff recommended freezing the regular position and creating the
apprenticeship. After successfully serving for four to five years the
apprentice would be qualified for the regular position. Fiscal Impact: $4,142 in net savings to the General Fund
from January through June 2006; $8,234 in annual savings to General Fund
9.4 Adoption of the Courses of Study for Student, School,
and Support Services (Academy Plus I in
Allen moved, Eberhart seconded, and
the Board voted 4-0-0 (Student Rep, yes) to adopt two courses of study for the
Staff report
Board comment
In response to Mayo and Treece, Hagerstrand said that Board approval
would make the two courses a mandatory requirement for students who want to graduate
under the auspices of the academy program. They would not be required for a
high school diploma. In response to Treece, teachers VanEssen and Michele
Birkenshaw explained the community service requirement, which students complete
outside of school hours. Treece expressed hesitation to approve the two CVAA
courses as mandatory, saying she fears it could reduce opportunities for
students to take other courses, such as those offered through the ROP.
Birkenshaw said academy students do take courses outside the CVAA structure. In
response to Mayo, Lee said all CVAA students, including English language
learners and students with special needs, have passed the High School Exit
Exam. She also pointed out that students can plot their own paths and take
courses and work with mentors outside the regular Clayton Valley High
curriculum. Allen said he has visited academy activities and been impressed.
9.5 Award
of Bid 1397
Eberhart moved, Allen seconded, and the Board voted 4-0-0 to
award Bid 1397 in the amount of $16,459,929 to Arntz Builders, Inc. for
modernization and new classrooms at
9.6 Agreement
with
Allen moved, Treece seconded, and the Board voted 4-0-0 to
approve an agreement with College Park High School Athletic Boosters related to
the installation of a synthetic turf field on the campus. On
Public comment Brad Tubbs, chair
of the College Park High P.E. Department, spoke in favor of the project. Reno
LaSala, president of CPHS Athletic Boosters, said parents and community members
have been working hard for nearly two years to secure funding for this project.
Terri Bowen, parent of a CPHS student athlete, thanked the Board and District
administration for its support for the turf field.
Board comment Treece expressed
concern that the agreement specifically gives the Heritage Soccer Club
“priority for use of the field when the District and/or
9.7 Procurement
and Installation of Synthetic Turf for
Treece moved, Eberhart seconded, and the Board voted 4-0-0 (Student
Rep, yes) to approve the purchase and installation of an all-weather synthetic
turf through the State of California Multiple Award Schedule (CMAS) contract.
Empire and Associates is the CMAS contractor approved by the State of
Public comment CPHS Principal
9.8 Consider
Establishing Criteria for Additions to the Budget
Over the last three years the Board
of Education approved $14 million in reductions to the District budget. Last
year it approved new three-year contracts with all employee bargaining units
and associations. With word coming from
Criteria used when making
budget reductions were as follows:
1. Maintain programs for students.
·
Analyze
program effectiveness.
·
Eliminate
programs that are ineffective.
·
Maintain
programs that are effective.
2. Insure
campuses are safe for students and staff.
3. Protect
as many positions as possible.
4. Honor
our commitments and our promises to the public (e.g. Measure A and Measure C,
Kindergarten Class Size Reduction).
5. Shift
expenditures to grants and other funding source where possible.
6. Affect
expenditure reductions across all programs.
·
Health
and Safety–Supervision of students
·
Cleanliness
7. Honor
collective bargaining contracts and comply with local, state and federal
mandates.
McHenry suggested the
following criteria for the Board to use for determining additions to the
budget:
a. Meet
legal and programmatic mandates.
b. Meet
contractual requirements.
c. Recommendation
from oversight agencies—County Office of Education, Fiscal Crisis Management
and Assistance Team (FCMAT), State Department of Education, Office of Civil
Rights.
d. Critical
infrastructure support
Public comment
Mike Noce, MDEA president, said that all new revenue should be saved to
fund salary increases in the next contract cycle and not spent on anything that
is not legally mandated.
Board comment
Allen asked that “employee compensation” be added to the list. Eberhart
agreed, suggesting that the Board include a goal of “maintaining competitive
salaries with neighboring school districts.” He asked for a specific definition
of “critical infrastructure support.” Treece, too, agreed with the addition of
“competitive salaries” and pointed out that compliance with school improvement
plans, such as SAIT, should also be included. She said she needs assurance that
the District is providing the necessary resources to teachers, whether it’s
under “legal and programmatic mandates” or “critical infrastructure support.”
McHenry said the school plans would fall under either “mandates” or
“recommendations from oversight agencies.” He agreed that “infrastructure
support” does need to be further defined, saying one example is the need to
have enough technical support staff to maintain the number of computers being
used in the District. Another example is the need to validate teacher
certifications and assignments, an annual task that is time-consuming and
labor-intensive if done manually. Mayo said she’d like to see
“Establish/restore effective programs across all levels” added to the list. She
pointed out that “critical infrastructure support” includes counselors, school
secretaries, elementary vice principals, technology techs, instructional media
assistants, and others. She said members of the community have often asked why
the District does not have a five- or ten-year plan, particularly for
technology. She asked, “How are we going to further the goals of Career
Integrated Academics without more support?” Eberhart said his concern about
“infrastructure support” is that the District will expend money on new computer
programs before it has salaries that are competitively on par with neighboring
districts, which he believes is the most important priority for the District at
this time. Treece suggested the Board prioritize the criteria so it would have
a guide for allocating any new revenue the District receives. Eberhart said
union leaders are telling him that increasing salaries is more important than
restoring positions and programs. Mayo said she believes the District is soon
going to have to invest in a new Student Information System because of the need
to comply with increased state reporting requirements.
Board action
After friendly and formal action to amend an initial motion made by
Eberhart and seconded by Allen, the Board voted 4-0-0 to approve the following
criteria in the following order of priority:
a.
Meet
legal and programmatic mandates.
b.
Meet
contractual requirements.
c.
Recommendation
from oversight agencies—County Office of Education, Fiscal Crisis Management
and Assistance Team (FCMAT), State Department of Education, Office of Civil
Rights.
d.
Competitive
salaries.
e.
Critical
infrastructure support.
f.
Establish/restore
effective programs.
9.9 Rescission of Board Action on
At its meeting on
Public comment
Steven Balnofer, parent, voiced support for the Board’s not having the
committee, encouraged the District to step up its efforts to verify residency
of
Board comment
Eberhart said he expected to hear staff reports on overcrowding at
Board action
Treece moved, Allen seconded, and the Board voted 4-0-0 to rescind its
action of
Procedural action: It being ten minutes to 11:00 p.m., when Board meetings
are required to end unless extended by a vote of the Board, Allen moved,
Eberhart seconded, and the Board voted 4-0-0 to extend the meeting until no
later than 11:30 p.m.
9.10 School Assistance and Intervention Teams Report of Findings
and Recommendations for Corrective Actions for
The School Assistance and
Intervention Team (SAIT) is the next level of the state accountability program
for Immediate Intervention/Underperforming School Program (II/USP).
Public comment
Mike Noce, MDEA president, expressed concern about how the SAIT plans
will be implemented under the terms of the collective bargaining agreement. He
complained that the MDEA leadership was not consulted in the study or
preparation of these plans. He said he will file grievances if the training and
meetings listed in the plans take place outside the site day and are mandatory.
Board comment
Treece said she appreciates Noce’s comments, but noted that there is
much work to do and that planning has involved site staff. She appreciates the
staff who are working hard for students. In response to Board concerns,
Board action
Allen moved, Treece seconded, and the Board voted 4-0-0 to approve SAIT
reports of findings and recommendations for corrective actions for
9.11 Board Policy 1313 and 5133 – Gifts to School Personnel
Eberhart moved, Allen
seconded, and the Board voted 4-0-0 to adopt Board Policy 1313 and 5133, “Gifts
to School Personnel.” They were updated to reflect District and California
School Board Association language and to incorporate recent California
Education Code legislation. Presented as information at
9.12 Consider Establishing Calendar of Board Meetings in June
Allen moved, Eberhart seconded, and the Board voted to
change the dates of the Board meetings in June 2006 to Thursday the 8th
and Tuesday the 20th because June 6 is the day of the
9.13 Consider Modification to Administrative Rule 6146.1, High
School Graduation Requirements
Board Policy and Administrative Rule 6146.1 list the
specific requirements a student must meet to earn a high school diploma.
Presented as information only at this time, this item will be returned for
action at a subsequent meeting.
10. BOARD REPORTS
Eberhart asked that Crystyl Ranch and attendance projections
for
11. ADJOURNMENT President Mayo adjourned the meeting at