MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – April 25, 2006

 

ATTENDANCE:           Board: Linda Mayo, Dick Allen, Gary Eberhart, Paul Strange, April Treece

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

Student Representatives: Sheila Rezaei, College Park (voting); Alexander Bendoyro, Clayton Valley; Avani Mody, Concord; Brian Herrity, Northgate; Erika Moore, Mt. Diablo High; David Cranmer, Ygnacio Valley

 

1.             CALL TO ORDER

President Mayo called the meeting to order at 6:00 p.m. in the Board Room at the Mt. Diablo Unified School District Dent Center.

 

PUBLIC COMMENT:  none

 

CLOSED SESSION:  The Board adjourned to Closed Session at 6:01 p.m. in Room 6 of the Dent Center.  Topics discussed included one request for readmission; 4 expulsions; anticipated litigation (two potential cases); conference with real property negotiator (Alves Ranch); and negotiations.

 

Readmission
Allen moved, Treece seconded, and the Board voted 5-0-0 to readmit Student 28-04.

 

Anticipated Litigation
Allen moved, Treece seconded, and the Board voted 5-0-0 to approve up to $65,000 in attorney’s fees in a Special Education case.

 

Conference With Real Property Negotiator: Alves Ranch
Eberhart moved, Strange seconded, and the Board voted 5-0-0 to accept the $10.85 million offer for property for a school site at Alves Ranch.

 

2.     RECONVENE OPEN SESSION: The Board returned to Open Session at 7:30 p.m. President Mayo led the Pledge of Allegiance to the Flag.

 

Expulsion

Student 63-06: Eberhart moved, Allen seconded, and the Board voted 5-0-0 that Student 63-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 63-06 may apply for readmission after April 25, 2007.  It is required that Student 63-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful experience prior to applying for readmission.

 

Student 64-06: Allen moved, Eberhart seconded, and the Board voted 5-0-0 that Student 64-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 64-06 may apply for readmission after January 25, 2007.  It is required that Student 64-06 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop; and show evidence of a successful school experience prior to applying for readmission.

 

Student 65-06: Treece moved, Allen seconded, and the Board voted 5-0-0 that Student 65-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 65-06 may apply for readmission after January 26, 2007.  It is required that Student 65-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 66-06: Strange moved, Eberhart seconded, and the Board voted 5-0-0 that Student 66-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 66-06 may apply for readmission after January 26, 2007.  It is required that Student 66-06 participate in individual counseling, community service, the COPS program, the district’s Teen Anger Management Workshop, and who evidence of a successful school experience, prior to applying for readmission.

 

Following these actions, Mayo reported the action taken and topics discussed in Closed Session.

 

3.             CONSENT AGENDA

Allen moved, Treece seconded, and the Board voted 5-0-0 to adopt the Consent Agenda, thereby approving the following:

3.1          Minutes of the meeting of March 28, 2006.

 

3.2          Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Resolution 05/06-71 Education Code 44258.3 Board Authorization

Under Ed. Code 44258.3, the Board can authorize holders of any California teaching credential to teach, with their consent, departmentalized classes in grades K-12.

 

3.2.3 Resolution 05/06-70 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(s), full or part time.

 

3.2.4 Extension of District Internship, Single Subject Teaching Credential

Approved an extension of Damian G. Scott’s Intern Certificate for one calendar year to give him additional time to complete the Professional Development Plan and the experience requirements for the Preliminary or Professional Clear Teaching Credential pursuant to California Education Code Section 44325.

 

3.2.5 Student Teaching Experience Agreement with California State University, East Bay, for the Term of July 1, 2006 through June 30, 2009

Approved an agreement with California State University, East Bay, to support student teachers in their progress toward full state qualification and retention as high quality teachers.

 

3.3          Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3.2 Increase in Work Year for a Senior Secretary Position at the Pleasant Hill Education Center

Increased the work year for an existing full-time Senior Secretary position in the Alternative Education Program from 10 to 12 months. There is no impact to the General Fund. The $10,221 difference in cost for fiscal year 2006-07 will be funded by the Intervention Program.

 

3.4          Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of March 2006

 

3.5          Grant Application Requests

3.5.1 Thomas J. Long Foundation Funds

Approved submission of an application to the Thomas J. Long Foundation for a three-year $178,500 grant. There is no impact to the General Fund.

 

3.5.2 Families and Children’s Trust (FACT)

Approved submission of an application to the Families and Children’s Trust for a $35,000 grant for Crossroads High School. There is no impact to the General Fund.

 

3.5.3 Workforce Investment Act, Title II: Adult Education and Family Literacy Act

Authorized the Mt. Diablo Adult Education Program to reapply for a one-year extension of its grant under Section 231 and EL Civics Education. The grant would bring approximately $500,000 to $600,000 in revenue. There is no impact to the General Fund. Funding Source:  California Department of Education 2006-07 Workforce Investment Act, Title II:  Adult Education and Family Literacy Act, Section 231 and EL Civics.

 

3.6          Award of Bids

3.6.1 Bid 1412 to B & B Grading and Paving in the amount of $106,667 to provide paving improvements at Pine Hollow Middle School. Funding Source:  Deferred Maintenance

 

3.6.2 Bid 1415 to Nema Construction in the amount of $384,500 to provide electrical upgrades at Gregory Gardens, Pleasant Hill, and Valhalla elementary schools. Funding Source:  Measure C

 

3.6.3 Bid 1416 to Biland Construction in the amount of $461,050 to provide electrical upgrades at Bancroft Elementary, Pleasant Hill Education Center and Loma Vista Adult Center. Funding Source:  Measure C

 

3.6.4 Bid 1417 to Biland Construction Company in the amount of $566,850 to provide electrical upgrades at Ayers, Monte Gardens, and Mt. View elementary schools and the Dent Center. Funding Source:  Measure C

 

3.6.5 Bid 1418 to Biland Construction Company in the amount of $347,000 to provide electrical upgrades at Valle Verde, Walnut Acres, and Woodside elementary schools. Funding Source:  Measure C

 

3.6.6 Bid 1420 to Taber Construction in the amount of $787,000 to provide site utilities, group 1 at Sunrise Center, Riverview and Sequoia middle schools, and Northgate High School. Funding Source:  Developer Fees

 

3.7          Notice of Completion to Contract C-815

Approved notice of completion to Contract C-815, Bid 1381 in the amount of $321,465 to Robert A. Bothman, Inc. for athletic facility improvements, package A—landscaping and irrigation at Concord and Mt. Diablo high schools. Funding Source:  Proposition 55

 

3.8          Approve Purchase Order for Metal and Wood Doors at Riverview Middle School

Approved purchase order in the amount of $44,541.37 to Pacific Door and Hardwood for labor and material to replace metal and wood doors with fiber reinforced panel (FRP) doors at Riverview Middle School. Funding Source:  Deferred Maintenance

 

4.             RECOGNITIONS –Teacher of the Year Nominees

The Board of Education recognized the District’s nominees for 2006 Teacher of the Year: Sandy Codington of Mt. View Elementary School and Margaret Gough of Riverview Middle School.

 

5.             PUBLIC COMMENT

Anne Kracke, parent, spoke in support of continuing “A” period jazz band at Pine Hollow Middle School.

 

Alice Bonner, Olympic High librarian, and Pete Tormey, volunteer at Olympic High, announced the formation of an Alternative Education Foundation and invited everyone to attend an upcoming fundraiser, a softball tournament in Concord on May 21, to support the District’s alternative programs.

 

6.             COMMUNICATIONS

6.1          Student Representatives

Reporting on events, activities, and issues at their respective high schools were Sheila Rezaei, College Park; Alexander Bendoyro, Clayton Valley; Avani Mody, Concord; Brian Herrity, Northgate; Erika Moore, Mt. Diablo High; and David Cranmer, Ygnacio Valley.

 

6.2          Organizations: None

 

7.             REPORTS/INFORMATION - None

 

8.                   SUPERINTENDENT'S REPORT

McHenry reported on several topics:

          He and Board members have been receiving lots of e-mails in support of “A” period jazz band, which has been offered at a few of the middle schools. He explained that last year, as part of budget reductions, the Board voted to restrict students at middle schools with 7 periods a day to 7 classes and those at Sequoia, which has a 4x4 block schedule, to 8 classes. He emphasized that the Board did not eliminate “A” period but did restrict the number of classes a middle school student could take. Middle school principals could offer an “A” period as long as students did not take more than the maximum number of classes stipulated. Because students at some schools were allowed to take jazz band in an “A” period as an additional class, the District administration told middle school principals to remove “A” period from next year’s master schedule.

          Earlier today the District received news that Ayers, Gregory Gardens, Hidden Valley, Monte Gardens, Mt. Diablo Elementary, Valle Verde, and Woodside elementary have been named 2006 California Distinguished Schools. Eleven schools in Contra Costa County received the recognition; seven are from Mt. Diablo USD. Thirteen MDUSD schools applied; six missed the cutoff by 1 to 3 points. McHenry thanked Roger Bylund for providing applicant schools with extra support during the application process and the staff, parents, students at the schools for their hard work and involvement.

          The governor will present his May Revise to the state budget soon. It looks as if schools will be receiving more money. Although the contracts have all been settled, District administrators are meeting with employee bargaining unit leaders to discuss additional compensation.

          It’s time to turn our attention to continuous improvement. The Board and District administration have been focusing on the budget, budget reductions, and labor negotiations for more than a year. With the Distinguished Schools announcement it is clear that there are many high-performing schools in MDUSD. Now we must focus on supporting those schools that need to improve.

          A reception to honor certificated staff will be held at Centre Concord on the Day of the Teacher, May 10, from 4-5:30 p.m.  A reception to honor classified employees will be held at Willow Creek Center on May 24 from 1 to 5 p.m.

 

9.             BUSINESS

9.1          Resolution 05/06-69 Day of the Teacher – May 10, 2006

Treece moved, Eberhart seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 05/06-69, declaring May 10, 2006, as Day of the Teacher, acknowledging the lifelong influence that teachers can have on the lives of our children, and expressing appreciation for the creativity, dedication, and talent of teachers in the Mt. Diablo Unified School District.

 

9.2          Resolution 05/06-68 Asian Pacific Heritage Month – May 2006

Strange moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 05/06-68, supporting the California Department of Education’s designation of May as Asian Pacific Heritage Month and recognizing the many contributions people from Asian Pacific lands have made to the growth and development of California’s heritage.

 

9.3          School Assistance and Intervention Monitoring Report for Mt. Diablo High School

Allen moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to accept the first progress report for Mt. Diablo High School prepared by the School Assistance and Intervention Team (SAIT) from WestEd. Mt. Diablo High has been designated as a state-monitored school based on its Academic Performance Index (API) growth data. Fiscal Impact:  Local district match may include dedication of General and/or Categorical funds.

 

Board comment   Treece asked how items noted as not yet having been met will be addressed. Curriculum and Instruction Director Vivian Boyd said much of the plan hinges on the school’s master schedule, which is still being developed for 2006-07. The SAIT understands that decisions cannot be made until the schedule is complete. Alan Young reported that the state has given the school an extension for the expenditure of its funds, allowing staff time to implement the plan. However, the school still must meet its improvement goals by the original deadline. In response to Allen, Boyd said the school is being held to nine points of accountability, and the SAIT is providing significant assistance.

 

9.4          Installation of Heating, Ventilation and Air Conditioning Systems

Treece moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no; Student Rep, yes) to approve the installation of heating, ventilating and air conditioning (HVAC) improvements in classrooms and office space at the following sites: Clayton Valley, College Park, Concord, Mt. Diablo, and Ygnacio Valley high schools; Glenbrook, Oak Grove, and Riverview middle schools; and Bel Air, Cambridge, Meadow Homes, Rio Vista, and Ygnacio Valley elementary schools. Fiscal Impact:  The initial cost of the entire plan is $56.83 million. The ongoing cost of the entire plan is estimated to be $417,579. Funding Source:  Initial costs – Proposition 55 funds. Ongoing cost – General Fund

 

Staff report   In March 2002, the voters in MDUSD passed Measure C, a $250 million general obligation bond, that included “Priority 1” projects that were promised to be completed and “Priority 2” projects that would be done if there were sufficient funds. It appears that the District may receive up to $100 million in additional state money for facility improvements. On April 6, 2004, the Board of Education directed that 80% of state matching funds would be used for Priority 2 projects, and 20% for high-priority facility projects. The most costly Priority 2 project is air conditioning. On May 11, 2004, the Board awarded a contract to Capital Engineering to analyze the initial and ongoing costs associated with air conditioning. Its report, presented to the Board on October 12, 2004, recommended a rooftop gas/electric system as the most cost-effective. On May 24, 2005, the Board reviewed several scenarios for installing and operating air conditioning using funds from Proposition 55, the state construction bond. On March 14, 2006, the Board studied updated scenarios and on April 11, 2006, approved the renovation of Northgate High’s HVAC system through an energy conservation agreement.

 

The cost of installing and operating air conditioning at all District sites is quite high. Staff recommended proceeding with a partial implementation of the plan, starting with schools that generate state matching funding and those that are often used for the summer program. Staff further recommended that as additional state funding becomes available HVAC improvements be installed at Fair Oaks, Mt. Diablo, and Shore Acres elementary schools, Pleasant Hill Middle, and Olympic High.

 

Public comment   John Ferrante, parent, asked what the District will do if future utility costs make air conditioning too expensive, if conservation measures will be built into the project, and if the equipment will be protected from vandalism.

 

Board comment   Treece noted that the Board has considered the concept and costs of air conditioning over a long period of time as it has reviewed the Measure C program. She thanked Ferrante for his questions. In response to Eberhart, Dick Nicoll said staff asked representatives of each school to list their wishes for Priority 2 Measure C projects in priority order. Pedersen confirmed that the proposal calls for replacing existing heating systems at the identified schools with new HVAC systems. Eberhart expressed concern for the schools that will not get new systems. McHenry said not all schools listed air conditioning as their preferred Priority 2 project. Some projects have already been completed using Prop 55 funds. Eberhart noted that the District has just gone through three years of brutal budget cuts and could not have afforded the costs of operating the air conditioning systems being proposed. He objected to spending General Fund money on this expense. He believes the money available should be split evenly among all schools, not spent on just the 18. McHenry said the systems would begin to be installed in the 2007-08 school year, so operating costs would first appear in that year’s budget. In response to Strange, Pedersen said the $417,000 in operational costs include utilities as well as maintenance. He would not expect any maintenance expenses for the first five years. Strange said that if the old systems are not replaced, he would expect to see high maintenance costs during that period. Pedersen said those costs are included in the projections. In response to Allen, Pedersen said reimbursement from the state for installing air condition in the first group of schools will pay for the next group. Mayo said it’s important to honor the District’s promise to the voters to spend some Measure C money on air conditioning. She also anticipates multiple failures of the current heating systems. If the Priority 2 money is spent on other projects, there will be none to replace the old systems when needed, she added. Pedersen said staff is investigating energy conservation measures for the air conditioning systems.

 

9.5          Job Description for Lead Buyer

Treece moved, Allen seconded, and the Board voted 5-0-0 (Student Rep, abstain) to approve the job description for Lead Buyer as recommended by the Director of Purchasing to fill a critical need in the purchasing department. Presented as information only at the April 11 Board meeting, this item was returned for action at this time.

 

9.6          Request Approval to Eliminate One Buyer Position and Creation of One Lead Buyer Position in the Purchasing Department

Allen moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, abstain) to eliminate one Buyer position and create one Lead Buyer position to fill a critical need in the Purchasing Department. The leadership of Local One (CST) was advised of the recommendation. Fiscal impact: $6,839 increase to the General Fund (In response to Eberhart, McHenry said the funding would come out of the 80 percent allocation of additional funding in the category of competitive salaries.)

 

9.7          Job Description for Personnel Analyst, Credentials

Staff presented a job description for Personnel Analyst-Credentials to meet a recommendation in the recent Fiscal Crisis and Management Assistance Team (FCMAT) report to provide a high level of support and expertise in credentialing. (In response to Eberhart, Gloria Gamblin said the District has received more details from the FCMAT and will include those in a revised report to the Board.) Presented as information only at this time, this item will be returned for action at a subsequent meeting.

 

9.8          Consider Approval of Two Full-Time Equivalent (FTE) Psychologist Positions

Allen moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to approve an agreement with Contra Costa County Health Services, Mental Health Division, and to create two additional school psychologist positions to provide additional counseling services for students who require less intensive services. Fiscal Impact:  $172,200  Funding Source:  County Mental Health Medi-Cal Reimbursement

 

Board comment   Eberhart, saying he sat through County budget hearings earlier in the day, asked if the District will be impacted if the County makes cuts to social services. Mildred Browne said the District will not be affected by cuts in the County budget because the psychologists who are funded through the Medi-Cal Reimbursement assist students at an early stage so they won’t need the more intensive services the County provides.

 

9.9          Adoption of Middle School History/Social Science Materials

A curriculum specialist and a committee representing all the grade levels at all the middle schools went through a process to recommend Holt, Rinehart, Winston history/social science materials for adoption. Presented as information only at this time, this item will be returned for action at a subsequent meeting. (Eberhart thanked Curriculum staff and teachers for their thorough report that lets Board members know the effort that went into the process.)

 

9.10        Board Policy and Rule 6173.1 – Foster Youth Education

State Assembly Bill 490 added Education Code 48850-48859, which created new obligations for districts regarding the education of foster youth. Board Policy/Administrative Rule 6173.1, “Foster Youth Education,” was presented as information only at this time and will be returned for action at a subsequent meeting.

 

9.11    Approve Designation of Compliance Officer for Board Policy 4119.11 Sexual Harassment and Board Policy 4030 Non-Discrimination in Employment

Strange moved, Eberhart seconded, and the Board voted 5-0-0 (Student Rep, yes) to approve the designation of Assistant Superintendent Gail Isserman as the Compliance Officer referenced in Board Policy 4119.11, ‘Sexual harassment,’ and Board Policy 4030, ‘Non-discrimination in Employment.”

 

9.12        Services Agreement with Connect-Ed—POSTPONED

 

9.13        Review and Discussion of Possible Additions to the Budget

During the 2004-2005 school year the Board took action to reduce or eliminate many positions, programs, and/or services. The superintendent has received individual requests to restore certain of these. Before making further decisions about additions to the budget, the Board is being asked to review the entire list of items that were reduced during the 2003-2004 and 2004-2005 budget reduction process and to set priorities as needed. McHenry reviewed the positions identified as important by Board members at the April 11, 2006, meeting. He noted that in recent meetings the Board has approved $20 million in additional expenditures.

 

Public comment   Several parents spoke in support of maintaining an “A” period jazz band at the middle schools: Barbara Schussman, Josephine Morley, Mats Wallin, Margaret Vercammen, Deborah Waltmire, and Rick Ramacher.

 

Board comment   In response to a question from Eberhart about staffing, McHenry said the First Interim Report listed 1,898 teaching positions. There are now 1,920. All but 23.9 have been allocated to sites; 11 more may be needed. Staff will know more after the Kindergarten registration is completed. He said more staff may be needed for 9th grade, depending on the enrollment in the fall. Eberhart says those numbers tell him there is enough additional staff to support an “A” period jazz band at schools that are offering it. He implored the Board “to take a risk and continue the program” because it has been successful. Strange said he is willing to add back jazz band but not to fund an “A” period as it would allow for students to take a third elective. McHenry said the staffing needed for just jazz band is 0.7 FTE. The 3.0 FTE listed on the budget reduction list reflects the number of students who were taking an extra elective at that time.

 

Eberhart moved that the District provide “A” period jazz band with a minimum of 20 students per teacher. The motion failed for lack of a second. Mayo said the item will remain on the list of positions, programs, and/or services that the Board may consider restoring.

 

10.          BOARD REPORTS

Treece reported that for the last several weeks she has been engaged in a number of activities that have brought together industry partners, higher education, and District students. She would like the Board to consider recognizing the student winners at the first Intel-Affiliated Science Fair that took place earlier this month. Students from Sequoia Middle and Horizons Home Study swept the awards in the Junior Division. The fair featured project-based learning in science, math, and computers. She also reported on attending this month’s Superintendent’s K-Adult Principals’ meeting, where she was encouraged by the camaraderie of the group, by the clear focus on student success, by Roger Bylund’s comments that the accomplishments of the District’s seven Distinguished Schools are reflection of District as a whole, by the complete support of the K-Adult leadership of the Board’s decision to provide support to underperforming schools, and by the creative recounting of the previous day’s multi-casualty incident drill.

Strange reported that he attended the WASC review at Olympic High and visited Walnut Acres and Ygnacio Valley High. He plans to visit more schools next week. He enjoyed being an observer at Concord High and at the Dent Center for the multi-casualty drill on April 12, where he could see that District staff are fairly well prepared for such an emergency.

Eberhart commented that he also was an observer at the multi-casualty incident drill. He was impressed with staff’s handling of the role-playing hysterical parents who arrived to pick up their children and also with the representatives from the other agencies that participated. Observing at the Dent Center, he was impressed that schools are used to serve as community centers in an emergency. He believes that staff is prepared and will continue to improve in subsequent drills. He was told that it was largest multi-casualty incident in the state, and said, “Hats off to Dick Nicoll and staff” for their handling of the event. On another issue, he said he would like to see the District’s Web Site better maintained, with new information added and old deleted. (McHenry said the employee serving as web master is doing so on part-time basis.)

Allen noted that he, too, observed at the multi-casualty drill and was impressed with staff. He reported being at College Park High earlier this morning for the “Every 15 Minutes” program that teaches the dangers of drugs and alcohol. It, too, was impressive and well-done, he said. He announced that the Court Appointed Special Advocate (CASA) program hosted a golf tournament recently in which Paul Strange participated. He congratulated Treece for her successful coordination of Intel-Affiliated Science Fair.

Mayo reported that she attended the three-day Intel-Affiliated Science Fair, where Treece was acknowledged for her leadership. She said at least 70 scientists representing business and industry throughout Contra Costa County served as judges, assessed entries, and interviewed students. She announced that Contra Costa County Deputy Superintendent Ellen Elster informed the District on April 12 that the County Office of Education had provided MDUSD with a positive certification for its Second Interim Report

 

11.          ADJOURNMENT  Mayo adjourned the meeting at 9:56 p.m.

 

 

                                                               

Gary McHenry, Secretary