MT. DIABLO UNIFIED
BOARD
MEETING –
ATTENDANCE: Board: Linda Mayo,
Administrative Staff: Superintendent
Student Representatives: Sheila Rezaei
and then Alysoun Bonde, College Park (voting); Avani Mody, Concord; Kaitlyn
Strand, Olympic; David Cranmer, Ygnacio Valley
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed Session
at
Readmissions
Eberhart moved,
Allen seconded, and the Board voted 3-0-0 (Treece not yet in attendance) to
approve staff’s recommendation to deny readmission to 10 students who had not
met requirements.
Timeline extension
Allen moved, Eberhart seconded, and the Board voted 3-0-0 (Treece not yet in
attendance) to approve the extension of the expulsion hearing timeline for
Student 39-06.
Public Employee Discipline/Dismissal/Release/Complaint
Allen moved,
Eberhart seconded, and the Board voted 3-0-0 (Treece not yet in attendance) to
approve a settlement agreement with certificated employee #15815.
Treece moved, Eberhart seconded, and
the Board voted 4-0-0 to reassign certificated employee #14025.
Eberhart moved, Treece seconded, and
the Board voted 4-0-0 to reassign certificated employee #14741.
2. RECONVENE OPEN SESSION: The Board returned to Open Session at
Expulsion
Student 37-06: Allen moved, Treece seconded, and the Board
voted 4-0-0 that Student 27-06 be expelled from all schools and programs of the
Student 38-06: Eberhart moved, Allen seconded, and the Board
voted 4-0-0 that Student 38-06 be expelled from all schools and programs of the
3. CONSENT AGENDA
Public Comment In regard to Item
3.9.2 (award of bid for telephone systems) Tony Lenhart of Nexus IS explained
the reasons that his company had submitted a bid protest letter. In response to
Board questions, Purchasing Director
Board action Allen moved, Treece
seconded, and the Board voted 4-0-0 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 05/06-57 Education
Code 44258.3 – Board Authorization
Under Ed. Code 44258.3, the Board can authorize holders of
any
3.2.3 Resolution 05/06-58 Education
Code 44263 – Board Authorization
Under Ed. Code 44263, the Board can authorize holders of any
California teaching credential who have 18 lower division units or 9 upper
division units in a subject to teach the subject, full or part time.
3.2.4 Resolution 05/06-59 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.
3.2.5 Change of Funding Source for
School Psychologist
Changed the funding source for a .60 FTE School Psychologist
for the 2005-06 school year from the School Improvement Program (SIP) budget to
the Immediate Intervention/Underperforming Schools (IIUSP) budget. Fiscal
impact: $52,159
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Increase in Hours for a Site
Technology Support Technician II at
Increased from 7 to 10 hours/week an existing 10-month/year
Site Technology Support Technician II position at
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of January
2006
3.5 Grant
Application Requests
3.5.1 School Community Violence
Prevention Program
Approved submittal of an application for a five-year
$2,500,000 School Community Violence Prevention Program grant to the California
Department of Education. There is no impact to the General Fund.
3.5.2 Teaching American History Grant
Approved submittal of an application for a $997,757 Teaching
American History grant to the U.S. Department of Education. There is no impact
to the General Fund.
3.5.3 Teacher Recruitment and Student
Support Grant
Approved submittal of an application for a $209,289 Teacher
Recruitment and Student Support grant to the California Department of
Education. There is no impact to the General Fund.
3.6 Final
Deductive Change Order – Bid 1365, Contract C-802
Approved final deductive change order to Bid 1365, Contract
C-802 in the amount of ($62,026) to Taber Construction for new classrooms and
modernization at Hidden Valley Elementary and Sequoia and Valley View middle
schools. Funding Source: Measure C
3.7 Contract
Amendment
Approved amendment to the contract with Harlan Krusemark for
architectural/engineering services for Group 5 Measure C work at
3.8 Notice
of Completion
Approved Notice of Completion for Contract C-802, Bid 1365
in the amount of $13,003,874 to Taber Construction for modernization and new
classrooms at Hidden Valley Elementary School and Sequoia and Valley View
middle schools. Funding Source: Measure
C
3.9 Award
of Bids
3.9.1 Award of Bid 1406 to Robert A. Bothman, Inc. in the amount of $136,234
for turf renovations at
3.9.2 Award of Bid 1408 to Shared Technologies, Inc. in the amount of
$177,879.61 to provide new telephone systems in 2006 at
3.10 Designation
of Applicant’s Agent Resolution
Adopted a resolution designating Peder Pedersen as the
District’s agent to file a request for public assistance with the California
Office of Emergency Services in order to pursue reimbursement for costs
associated with damage to schools from flooding in December 2005 and January
2006.
4. RECOGNITIONS -None
5. PUBLIC COMMENT
Denise Hood, parent, spoke in support of teachers, but said
one who recently lost his temper at her child’s school was not disciplined
sufficiently for his behavior.
Danielle Barcona, community member, said students at Mt.
Diablo High who haven’t passed the High School Exit Exam are being sorted by
race to look at exam results for their subgroup. She believes such sorting
violates the U.S. Civil Rights Act. (Mayo
asked staff to investigate.)
6. COMMUNICATIONS
6.1 Student
Representatives
Sheila Rezaei,
6.2 Organizations
Mike Noce, MDEA president, thanked CFO Gloria Gamblin and
her staff for getting the retroactive paychecks to teachers, saying he has
received no complaints. He also thanked Ada Torres and others in Personnel and
Payroll for helping a veteran teacher get credit for back pay. He announced
that Sue Chambers, assistant director of student services, is running for
president of the state organization for P.E., health, recreation, and dance
instructors and he congratulated
7. REPORTS/INFORMATION
7.1 On Track Program – Adult Education
Susie Passeggi, assistant director,
adult and career education, gave a presentation on Mt. Diablo Adult Education’s
On Track Program, which serves students who have a traumatic or acquired brain
injury. A Tenth Anniversary Celebration for the program will be held on Friday,
March 10, from
7.2 General
Obligation Bonds
Lori Ranieri and Keith Weaver of
Government Financial Strategies, the District’s bond consultant, reviewed
Measure C bond activity to date. Of the $250 million approved by voters, the
District has so far issued $190.4 million in bonds and is about to issue
another $59.6 million. Growth in the tax base and District strategies have
allowed the tax rate to be consistently under the $63 per $100,000 limit
promised to voters. The District’s Series 2002 and 2004 general obligation
bonds are rated A+ and are insured to AAA. The sale of bonds is scheduled for
May 11.
8.
SUPERINTENDENT'S REPORT
- None
9. BUSINESS
9.1 Review and
Clarification of the Process to Fill the Vacant Board of Education Seat
At its meeting on February 14 the Board decided to use the
appointment process rather than conduct a special election to fill the vacant
seat on the Board. McHenry reported that the announcement of the vacancy has
been publicized and so far 12 individuals have picked up applications. Each has
been given a set of Board By-Laws, the 2005-06 budget, and the 2004-05 Annual
Report. He will send a letter of confirmation to each person who submits an
application. The deadline is
Board comment Allen suggested
that each Board member send questions to the Superintendent for the candidate
interviews. Treece said she would like to see information from the California
School Boards Association to use as guidance. The Board agreed to meet on
Tuesday, March 7, at
9.2 Public Hearing
– Deferred Maintenance Plan
McHenry reviewed projects listed on the five-year Deferred
Maintenance Plan. AB 939 Education Code 17584.1 requires that “the governing
board of a school district shall discuss proposals and plans for expenditures
of funds for the deferred maintenance of school district facilities of a
regularly scheduled public hearing.” There is no impact to the General Fund.
Funding Source: Deferred Maintenance
Public Hearing Mayo opened the
public hearing at
9.3 Resolution
05/06-50, Women’s History Month – March 2006
Treece moved, Allen seconded, and the Board voted 4-0-0
(Student Rep, yes) to adopt Resolution 05/06-50, acknowledging the California
Department of Education’s designation of March 2006 as Women’s History month to
recognize the many contributions made by women throughout America’s history.
9.4 Resolution
05/06-51, Arts Education Month – March 2006
Eberhart moved, Allen seconded, and the Board voted 4-0-0
(Student Rep, yes) to adopt Resolution 05/06-51, acknowledging the California
Department of Education’s designation of March 2006 as Arts Education Month to
recognize the importance of celebrating the arts with meaningful student
activities and programs.
9.5 Audit Report –
Fiscal Year 2004-05
David Becker of Perry Smith auditing firm provided an
overview of the Audit Report for 2004-05, which he had reviewed last Friday
with Chief Financial Officer
9.6 Award of Bid
1399
Eberhart moved, Treece seconded, and the Board voted 4-0-0
(Student Rep, abstain) to award Bid #1399 to Sausal Corporation in the amount
of $11,845,589 to provide new classrooms and renovations at Ayers, Monte
Gardens, and Mt. View elementary schools. Funding Source: Measure C
9.7 Continuation of
Edusoft Student Information Software System Contract
Renewal of contract from February 1 to
Board comment Eberhart said he
still has major concerns about the contract, which he has delineated in the
past. He would like to visit a site with a staff member to see the software in
use.
9.8 Special
Education Assistants
Treece moved, Allen seconded, and the Board voted 4-0-0
(Student Rep, yes) to approve an additional 14.63 FTE Special Education
Assistant positions to meet legal requirements for Special Education services
and District and classroom needs for the 2005-06 school year. Fiscal Impact:
$253,463 for March 1–
Staff report Browne explained
that two high schools have added additional hours, which require more assistant
time, and several students have Individualized Education Plans IEPs) that call
for one-on-one assistants. Without the extra support, some students would have
to attend a nonpublic school. The assistants allow the students to remain in
the least restrictive environment. In response to Allen, Browne said the
District currently employs 111 Special Ed. Assistants. Allen pointed out that
the District’s Special Education enrollment is decreasing, but costs are
increasing due to the level of services required.
9.9 Review and
Clarification of Criteria for Additions to the Budget
Public comment Sarah Burgstahler,
Concord High band student, spoke of the importance of band in her life and
music in students’ lives. She urged the Board to restore 4th grade
instrumental music. Christopher Brown, Concord High, said he has done studies
on how music in elementary school helps student learning.
Board/staff discussion McHenry
reported that at the meeting on
A. Meet
legal and programmatic mandates.
Meet contractual requirements.
Recommendation from oversight agencies – County Office of
Education, Fiscal Crisis Management and Assistance Team (FCMAT), State
Department of Education, Office of Civil Rights.
B. Competitive
salaries.
C. Critical
infrastructure support.
D. Establish/restore
effective programs.
Discussion for each criteria area:
Mandates McHenry said it is not
difficult to understand what constitutes a contractual requirement, but
“recommendation from oversight agencies” might not mean the same thing to
everyone. Treece said she continues to be concerned about the underperforming
schools and the resources needed to assist them. Are recommendations made by
outside agencies, such as a State Academic Intervention Team (SAIT) sent by the
state to work with the schools considered “programmatic mandates”? McHenry said
the District is required to implement recommendations in such a case because
the school’s failure to make academic progress could result in the state’s
imposing sanctions. There is some state funding for these schools. Mayo said
she presumes the Consent Decree and other court orders would fall under “legal
mandates.” Allen said the Board needs to look at each case individually.
Competitive salary McHenry suggested
that criteria for “competitiveness” be 1) the District’s ability to hire staff
and 2) its ability to retain staff. Mayo said she would like information from
other districts, not just in regard to salaries but also training and other
factors that contribute to the work environment. Treece stressed that in
looking at total compensation it’s important to compare, as best as possible,
apples to apples, e.g. the number of work days. Eberhart said contract
negotiations in the past three years have been conducted at the same time the
Board has had to make budget cuts, so salaries have not kept up with the cost
of living. He believes the Board needs to provide a portion of new dollars to
salaries and to total compensation because employees need to be the number one
priority. Allen expressed frustration in comparing compensation from one
district to another because there are so many variables. He and Eberhart both
said it’s important to know how much money the District receives before making
decisions. (Gamblin said the Second
Interim Report that will be presented to the Board on March 14 will provide
data based on the Governor’s budget proposal last January. The annual May
Revise may cause some changes, too.) Mayo said information from other
districts would help the Board establish some benchmarks.
Critical infrastructure McHenry
explained that critical infrastructure includes school buses and bus drivers,
textbooks, and staffing necessary to produce required reports. Mayo said for
her the category includes positions that provide critical services/ongoing
support to students, e.g. counselors, attendance liaisons, elementary vice
principals. In comparison to other districts, she said,
Establish/restore effective programs
McHenry reminded the Board that the criteria used for budget reductions
included a goal to spread cuts across the District and employee bargaining
groups. He has been talking with parents and students and heard them say loudly
and clearly that they expect programs to be restored. Mayo said the Board
promised the public during budget reductions that it would consider restoring
programs once the District had money again. There is a good faith measure with
the community that must be considered, she said. Treece agreed.
McHenry said he will make some recommendations to the Board,
including rationale and being respectful of the criteria that the Board has
established. Eberhart asked when the Budget Advisory Committee will be
established and when the recommendations will be presented at a Board meeting
so the community can attend and comment. McHenry said some cost-saving measures
the District has undertaken may also be helpful. For example, the Dependent
Verification Audit could save the District between $500,000 and $1 million.
Would the Board want to spend those savings on salaries, on adding back
programs, and/or enhancing services? He said it is also possible to divide the
additional funding into, say, three pots to make sure each area is addressed to
some extent.
9.10 2006
Eberhart moved, Treece seconded, and the Board voted 4-0-0
(Student Rep, abstain) to cast one of three District votes for a vacancy in
Subregion 7-A on the 2006 CSBA Delegate Assembly to
Allen moved, Eberhart seconded, and the Board voted 4-0-0
(Student Rep, abstain) to cast a second of three District votes for a vacancy
in Subregion 7-A on the 2006 CSBA Delegate Assembly to Joyce Seelinger (Antioch
USD).
9.11 Resolutions
of Dedication of Easements:
05/06-52 Hidden Valley Elementary
05/06-53
05/06-54 Holbrook Elementary
05/06-55 Pine Hollow Middle
05/06-56 Sun Terrace Elementary
Public hearing Mayo opened the
public hearing at
Eberhart moved, Treece seconded, and the Board voted 4-0-0
(Student Rep, abstain) to adopt Resolutions 05/06-52, 53, 54, 55, and 56,
granting easements at five schools to the Contra Costa Water District. Measure
C work made it necessary to request services and equipment from CCWD to install
a fire hydrant and water line at each site. CCWD required an easement to
access, operate, maintain and repair the improvements and the connections it
installed on the District’s behalf. There is no impact to the General Fund.
9.12 Employee
Contract Extensions for Associate Superintendent and Assistant Superintendents
Allen moved, Treece seconded, and the Board voted 4-0-0
(Student Rep, yes) to approve contract extensions until June 30, 2009, for
Associate Superintendent
Public comment Dorothy Englund,
parent, questioned the need to renew these contracts a year and a half before
they are set to expire. She asked the Board to postpone action on the
extensions for a year.
9.13 AR
5111.1 – District Residency
Eberhart moved, Treece seconded, and the Board voted 4-0-0
(Student Rep, yes) to adopt Administrative Rule 5111.1, which has been revised
to reflect the changes of the documents that may be offered as proof of
residency. This modification is necessary to implement the District’s residency
verification process. Presented as information at the February 14 board
meeting, this item was returned for action at this time.
Public comment John Ferrante,
resident, asked how the policy would apply to families who move into an area
due to a job change and do not have permanent housing, if data that could be
used for identify theft can be blacked out, and whether anyone understood what
a burden on employees the implementation of this policy will be.
Procedural action: It being five minutes to
9.14
Treece moved, Eberhart seconded, and the Board voted 4-0-0
(Student Rep, yes) to approve Cambridge Elementary School’s school wide uniform
dress code, which is intended to standardize apparel to support a productive
school learning environment. Presented as information at the February 14
meeting, this item was returned for action at this time.
9.15 BP
5131 (e) and AR 5131 (e) – Possession of Cellular Phones and Other Personal
Electronic Signaling Devices
Board policy and administrative rule are being revised to
include possession and use of cellular phones and other personal electronic
signaling devices. Presented as information only at this time, this item will
be returned for action at a subsequent meeting.
Board comment Mayo asked for the
students and staff response to “no use during lunch period.” Student Services
Director Larry Jaurequi said principals are in favor, students are not, and
parents are somewhat split, though most favor use during lunch. Allen asked if
staff is willing to enforce the policy. Jaurequi said some schools already have
policies like this one in place for the site. Treece said the policy seems
“prescriptive,” written in a negative tone to deal with the exception rather
than today’s students’ normal use of cell phones. She believes the possibility
of suspension and expulsion is rather harsh. (McHenry explained that the need for a cell phone policy arose a little
more than a year ago when the press wrote about a cheating scandal involving
cell phones at one of the District’s schools. In addition, some campus turmoil
has been stirred up due to students’ ability to use their cell phones to call
for friends’ support. Young said secondary principals had many discussions
about the policy and were of mixed opinions. They did agree that the policy needed
to apply “across the board” and should call for “use and no use” to make
monitoring easier. Their main concern was that parents and students would be
able to contact each other when needed.) In response to Eberhart, Jaurequi
said the policy does not ban use of cell phones at football games and other
extracurricular activities. Eberhart said he would rather trust students to
handle responsibility for cell phone use during breaks and lunch periods than
ask school staff to take time from other duties to enforce the rule. Mayo said
monitoring would be easier if cell phones were to be turned off all day rather
than allowed to be on periodically during the day. She pointed out that the
initial reason for the policy is valid.
9.16 BP
5131.63, AR 5131.63 and E 5131.63 – Anabolic Steroids
Board policy, administrative rule, and exhibit 5131.63 are
being revised to comply with the new California Interscholastic Federation
policy on the use and abuse of steroids by student athletes. Presented as
information only at this time, this item will be returned for action at a
subsequent meeting.
9.17 Board
Policy 6178.1 - Work Experience Education
In order to reflect current law, the policy on Work
Experience Education has been revised. Presented as information only at this time,
this item will be returned for action at a subsequent meeting.
9.18 District
Plan Revision – Work Experience Education
In order to reflect current law, the Work Experience
Education plan has been revised. Presented as information only at this time, this
item will be returned for action at a subsequent meeting.
10. BOARD REPORTS
- None
11. ADJOURNMENT Mayo adjourned the meeting at 11:15 p.m.