MT. DIABLO UNIFIED SCHOOL DISTRICT

BOARD MEETING – May 9, 2006

ATTENDANCE: Board: Linda Mayo, Gary Eberhart, Dick Allen, 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

1. CALL TO ORDER

President Mayo called the meeting to order at 6:00 p.m. in the Board Room at the MDUSD 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 negotiations, 6 expulsions and 1 readmission; existing litigation (Brandy v. MDUSD; Klein v. MDUSD; Jackson v. MDUSD); and anticipated litigation (one potential case).

Readmission
Treece moved, Allen seconded, and the Board voted 5-0-0 to approve staff’s recommendation to readmit one student.

Existing Litigation: Jackson v. MDUSD

Allen moved, Eberhart seconded, and the Board voted 5-0-0 to increase a settlement offer in the case of Jackson v. MDUSD by $5,000.

2. RECONVENE OPEN SESSION: The Board returned to Open Session in the Board Room at 7:33 p.m. President Mayo led the Pledge of Allegiance to the Flag.

Expulsion

Student 67-06: Allen moved, Eberhart seconded, and the Board voted 5-0-0 that Student 67-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 67-06 may apply for readmission after January 26, 2007. It is required that Student 67-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

Student 68-06: Treece moved, Allen seconded, and the Board voted 5-0-0 that Student 68-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 68-06 may apply for readmission after January 26, 2006. It is required that Student 68-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

Student 69-06: Eberhart moved, Strange seconded, and the Board voted 5-0-0 that Student 69-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 69-06 may apply for readmission after January 26, 2007. It is required that Student 69-06 participate individual counseling, community service, the COPS program, the District’s Drug/Alcohol Workshop, provide proof of a negative drug test, and show evidence of a successful school experience, prior to applying for readmission.

Student 70-06: Strange moved, Treece seconded, and the Board voted 5-0-0 that .Student 70-06 be expelled from all schools and programs of the Mt. Diablo Unified School District an that Student 70-06 may apply for readmission after May 9, 2007. It is required that Student 70-06 participate in individual counseling, community service, the COPS program, the District’s Drub/Alcohol Workshop, provide proof of a negative drug test, and show evidence of a successful school experience prior to applying for readmission.

Student 71-06: Allen moved, Eberhart seconded, and the Board voted 5-0-0 that Student 71-06 be expelled from al schools and programs of the Mt. Diablo Unified School District and that Student 71-06 may apply for readmission after January 26, 2007. It is required that Student 71-06 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school, prior to applying for readmission.

Student 72-06: Treece moved, Allen seconded, and the Board voted 5-0-0 that Student 72-06 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 72-06 may apply for readmission after January 26, 2006. It is required that Student 72-06 participate in individual counseling, community service, the COPS program, provide a negative drug test, provide proof of completing the District’s Drug/Alcohol Workshop; substance abuse counseling with a private agency, and show evidence of a successful school experience prior to applying for readmission.

President Mayo reported the action taken and items discussed in Closed Session and then announced that a special Board meeting scheduled for 3:00 p.m. on May 16 has been cancelled and will be rescheduled.

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 April 11, 2006.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 05/06-73 Education Code 44258.2 – Board Authorization

Under Ed. Code 44258.2, the Board can authorize holders of single subject or secondary credentials who have 12 lower division units or 6 upper division units in a subject to teach that subject(s) in a middle school for the current school year.

3.2.3 Recommendation for Approval of District Internship, Single Subject Teaching Credential

Approved District Internship, Single Subject Teaching Credential, for Gary Macaluso while he completes the Professional Development Plan and the experience requirements for the Preliminary or Professional Clear Teaching Credential pursuant to California Education Code Section 44325.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Creation of Three (3) Part-time Food Service Positions at Cambridge Elementary School

Created the following positions at Cambridge Elementary School, which will become a full-service kitchen in the fall: 7-hour/day Senior Food Service Manager; 6-hour/day Food Service Assistant III; 2-hour/day Food Service Assistant 1. Fiscal Impact: $76,225 There is no impact to the General Fund. Funding Source: Food Service Fund

3.3.3 Creation of Two (2) Part-time Food Service Assistant Positions at Meadow Homes Elementary School

Created two (2) 2-hour/day school day only, Food Service Assistant I positions at Meadow Homes Elementary School to support the new serving line. There is no impact to the General Fund. The cost to the Food Service Fund for fiscal year 2006-07 will be $9,249.

3.4 Contract Amendment #1 for Professional Testing Services for the Measure C Program, Group IV Schools – Consolidated Engineering Laboratories

Approved a $14,600 amendment to the $176,386.96 contract with Consolidated Engineering Laboratories for additional geotechnical analysis to confirm original design recommendations at Bancroft, Mountain View, Valhalla, and Walnut Acres elementary schools. Funding Source: Measure C

3.5 Award of Bids

3.5.1 Award of Bid 1410 to Arntz Builders, Inc. in the amount of $253,900 to provide window replacement at Valhalla Elementary School. Funding Source: Deferred Maintenance

3.5.2 Award of Bid 1421 to Taber Construction in the amount of $604,700 to provide the site utilities, Group 2, at Hidden Valley and Meadow Homes elementary schools; El Dorado Middle School, and Concord High School. Funding Source: Developer Fees and Measure C (Hidden Valley)

3.6 Purchase Order for Electrical Upgrades at Hidden Valley Elementary School

Approved $112,519 purchase order for National Electric, Inc. to provide upgrades at Hidden Valley Elementary School. Funding Source: Measure C

3.7 Purchase Order for Electrical Upgrades at Valley View Middle School

Approved $49,506 purchase order to KDM Electric, Inc. to provide upgrades at Valley View Middle School. Funding Source: Measure C

3.8 Independent Audit Contract

Approved contract with Perry Smith LLP for Audit Services in 2006-07, the second year of the four-year agreement awarded in 2004. The contract fee remains the same during the contract period of July 1, 2005 to June 30, 2009. Fiscal Impact: $60,000 each year. Funding Source: General Fund

4. RECOGNITIONS

2006 Intel-Affiliated Contra Costa Science and Engineering Fair

The Board of Education recognized three students who won top honors in the first annual Intel-Affiliated Contra Costa Science and Engineering Fair and their science teachers: Rachel Taylor, Sequoia Middle School, 7th grade, Grand Award and first place in Junior Division Biological Sciences, and her teacher Bea Moore; Jessica Fong, Diablo View Middle, 8^th grade, first place in Junior Division Engineering, and her teacher Cynthia Brewington; Ummon Karpe, Home School, 9^th grade, Grand Award in Junior Division Engineering, and his teacher Pratima Karpe. The Board also recognized Clayton Valley High teacher Karen Kelly, Concord High teacher Frank Redle, and Special Education Program Specialist Connie Cushing for their leadership and involvement in the fair. Mayo credited Board member Treece for helping to make the science fair a success.

5. PUBLIC COMMENT

Parents Milton McClellan and Margaret Vercammen and music teacher Carl Kaiser all spoke in support of maintaining “A” period jazz band at the middle schools. Normal Berry, parent and former District employee, thanked Dr. Young for assisting with a concern regarding his son and then took issue with a performance evaluation he’d received and the responsiveness from a Board member.

6. COMMUNICATIONS - None

7. REPORTS/INFORMATION

Chief Financial Officer Gloria Gamblin presented a report showing the limitations of the current Student Information System (SIS), the increasing need for collecting and assessing student data, the benefits of acquiring a new system, the components needed in such a system, possible funding sources for a new SIS, and a process to use for evaluating and selecting one.

Board discussion In response to Treece, Gamblin said a Special Education component would be included in a new SIS. Mildred Browne added that a new system would enable staff to track Individualized Education Plans (IEPs) electronically, which is not currently the case. Also in response to Treece, Technology and Information Servces Director Joe Estrada said the SIS would not lessen the need for EduSoft, the software program that teachers and administrators can use for instructional and student assessment purposes. Estrada said staff will integrate the support needs of the SIS with the newly updated District Technology Plan to determine the number of tech staff that would be required. TIS Assistant Director Jim Morrison said techs who now support the current, outdated SIS would support any new SIS. In response to Eberhart, Estrada said a new system would hold considerably more information than the current one and each teacher would have a computer/work station, which is not currently the case. Eberhart asked for details about any areas in which the District is not fully compliant in providing student and other District data. He also expressed concern that grant money currently used to support employee positions would be used to fund the SIS. McHenry said staff would provide a report showing grant expenditures. Eberhart asked for a description of all the tasks needed to support an SIS on a daily basis. Estrada assured the Board that as part of the evaluation and selection process several vendors will be invited to demonstrate their systems. Morrison said the specifications of such a system are common to school districts. Allen said he is most interested in hearing the plan for funding an SIS.

Public comment John Ferrante, community member, pointed out that three proposals shown to date are fairly expensive. He suggested the Board look into the feasibility and cost of District staff’s building a system in house.

8. SUPERINTENDENT'S REPORT

McHenry announced that tomorrow is Day of the Teacher. All certificated staff have been invited to a reception from 4 to 5:30 in the afternoon. All classified employees will be honored at another reception on May 24.

9. BUSINESS

9.1 Appointment of Director of Classified Personnel

Eberhart moved, Treece seconded, and the Board voted 5-0-0 to appoint Dorothy Epps as Director of Classified Personnel, effective no later than July 1, 2006.

9.2 Appointment of Payroll Manager

Allen moved, Eberhart seconded, and the Board voted 5-0-0 to appoint R. Nicole Caldwell as Payroll Manager, effective immediately.

9.3 Resolution 05/06-72 Classified School Employees’ Week

Strange moved, Treece seconded, and the Board voted 5-0-0 to adopt Resolution 05/06-72, declaring the week of May 22–26, 2006, as Classified School Employees’ Week and honoring the contribution of the classified school employee to quality education in the State of California and in the Mt. Diablo Unified School District.

9.4 Resolution 05/06-63 – Support of Senate Bill No. 1193 Student Poll Workers

Eberhart moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 05/06-63, supporting Senate Bill 1193, which would excuse students from school to serve as poll workers on election days.

Public comment Margot Tobias, member of the Acalanes Union High School District Board of Education and the CSBA Delegate Assembly, spoke in support of the resolution.

9.5 Resolution 05/06-74 to Endorse and Support Proposition 81, the State Library Bond

Allen moved, Treece seconded, and the Board voted 5-0-0 to adopt Resolution 05/06-74, supporting Proposition 81 on the June ballot. If approved by voters, the initiative would authorize the state to sell $600 million in bonds to assist local governments in the construction of public libraries.

9.6 Summer School Administrator

Allen moved, Strange seconded, and the Board voted 5-0-0 to appoint Lisa Sullivan as a summer school principal assigned to Hidden Valley Elementary. Fiscal Impact: Positions are paid for by the summer school budget.

9.7 Request for Budget Enhancement to Address Fire Alarm Testing/Inspection Requirements of National Fire Protection Association NFPA (72)

Treece moved, Allen seconded, and the Board voted 5-0-0 to approve 1) an on-going annual line item budget of $125,000 for the contracted testing and inspection of all District fire alarm systems and 2) a supplemental on-going operating budget of $15,000 for staff training toward certification and for the purchase of replacement equipment. National Fire Alarm Code 72 requires that the District be responsible for the annual inspection, testing and maintenance of fire alarm systems. Fiscal Impact: $140,000. Funding Source: Restricted Maintenance Account

9.8 Job Description for Personnel Analyst, Credentials

Treece moved, Strange seconded, and the Board voted 5-0-0 to approve a job description for Personnel Analyst, Credentials. The job is one of the recommendations made the by Fiscal Crisis and Management Assistance Team (FCMAT) to provide the high-level of support and expertise needed for teacher credentialing. Presented as information at the April 25 meeting, this item was returned for action at this time.

9.9 Elimination of a Vacant Mobile Maintenance Team Worker Position and Creation/Restoration of a Carpenter/Glazier Position

Allen moved, Strange seconded, and the Board voted 5-0-0 to eliminate a vacant Mobile Maintenance Team Worker psition and create a Carpenter/Glazier position. Based on a reassessment of the services provided by the Mobile Maintenance Program and current facility needs, staff recommended eliminating the vacant position and using the resulting savings to restore a second Carpenter/Glazier position, which had been eliminated in 2003. Fiscal Impact: A net annual savings of $3,089.

9.10 Quarterly Report on Williams Uniform Complaints

Treece moved, Eberhart seconded, and the Board voted 5-0-0 to ratify the Williams Uniform Complaint report for the months of February, March, and April 2006. Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions. McHenry noted that there were no complaints for this quarter.

9.11 Award of Design Services Contract for New Heating, Ventilating and Air Conditioning Systems

Treece moved, Strange seconded, and the Board voted 4-1-0 (Eberhart, no) to award a design services contract not to exceed $3,033,600 to Capital Engineering Consultants for comprehensive design and engineering services necessary to install new heating, ventilating and air conditioning (HVAC) systems at Clayton Valley College Park, Ygnacio Valley, Mt. Diablo, and Concord high schools; Glenbrook, Riverview, and Oak Grove middle schools; and Rio Vista, Cambridge, Bel Air, Ygnacio Valley and Meadow Homes elementary schools. Funding Source: Proposition 55 funds.

Board comment Eberhart said he continues to oppose the installation of air conditioning. He has concerns about the District’s ability to fund future operating expenses and about the use of one-time Prop 55 funds to pay for the installation. Allen asked staff to look into the feasibility of providing air conditioning in work areas, such as kitchens, that generate heat.

9.12 Modification of Board Policy and Rule 6173.1 – Foster Youth Education

Allen moved, Strange seconded, and the Board voted 5-0-0 to modify Board Policy/Administrative Rule 6173.1, “Foster Youth Education.” Passage of AB 490 added Education Code 48850-48859, which created new obligations for districts regarding the education of youth in foster care. Presented as information at the April 25 meeting, this item was returned for action at this time.

9.13 Adoption of Middle School History/Social Science Materials

Treece moved, Allen seconded, and the Board voted 5-0-0 to adopt Holt, Rinehart, Winston history/social science materials for middle school instruction. A curriculum specialist working with a committee representing all the middle schools and their grade levels recommended the materials. Presented as information at the April 25 meeting, this item was returned for action at this time.

Public comment Karen Duggan, 6^th grade core teacher who piloted the proposed materials, criticized them and the District’s adoption process. She asked the Board either to reject the recommended materials or to adopt other materials as well, giving teachers a choice of textbooks to use.

Board comment Curriculum Director Vivian Boyd explained that the history/social science adoption process began a year ago. Teachers were asked to pilot more than one book; some, but not all, did. She said that for equity reasons the District has been moving toward having just one text districtwide. Curriculum Specialist Evie Groch explained the adoption process and said there was considerable discussion before the vote and the selection of Holt, Rinehart, Winston was quickly and nearly unanimously approved. Eberhart said he would like to see all the teacher comments on the materials.

9.14 Adoption of K-5 History/Social Science Materials

A curriculum specialist working with a group of K-5 teachers and administrators from schools throughout the district went through a process to recommend adoption of the Harcourt School Publishers History/Social Science materials Reflections/Reflexiones for California. Presented as information only at this time, this item will be returned for action at a subsequent meeting.

9.15 Adoption of the 9-12 History/Social Science Materials

A committee of high school history/social science teachers and a curriculum specialist met throughout the year to assess history/social science textbooks and recommend those listed below for adoption. Presented as information only at this time, this item will be returned for action at a subsequent meeting.

World History World History: The Modern World, Prentice Hall
U.S. History The Americans, McDougal Littell
U.S. Government Magruder’s American Government, CA ed., Prentice Hall
Economics Principles in Practice, Prentice Hall
Psychology Understanding Psychology, Glencoe/McGraw Hill
Sociology Sociology: the Study of Human Relationships, Holt, Rinehart,
Winston
Citizen Law Street Law, Glencoe/McGraw Hill
Geography World Geography, McDougal Littell
AP World History World Civilizations: The Global Experience, Pearson/Prentice
Hall
AP U.S. History The American Pageant, McDougal Littell
AP U.S. Government American Government: Institutions and Policies, 8^th ed.,
McDougal Littell
AP Economics Principles of Economics, Thompson South-Western
AP Psychology Psychology, Myers in Modules, 8^th ed., Worth

9.16 Consider Approval of Board Policy 6146.12, Options for students who have not passed the California High School Exit Examination (CAHSEE)

California Education Code provides options for students who have not passed the CAHSEE by the end of their regular senior year to continue to pursue a high school diploma or equivalent. Staff has drafted a Board policy to reflect the Ed. Code provisions. Presented as information only at this time, this item will be returned for action at a subsequent meeting. McHenry noted that a court ruling, due to be made on Friday, May 12, may determine the CAHSEE to be unconstitutional. If that occurs, this policy will not be necessary.

Board comment Treece said CSBA has mentioned the option of allowing students to take the CAHSEE while attending community college. Director of Alternative Education Margot Tobias said community colleges in the Bay Area do not offer programs that would serve these students, so staff chose not to include that option in the proposed Board policy.

9.17 Board Policy and Administrative Rule 5123 – Promotion/Retention/Acceleration

Staff has revised Board Policy and Rule 5123 to reflect legislative changes in Education Codes 48070-48070.5, “Promotion and Retention,” 60641-60648, “Standardized Testing and Reporting Program,” and 60850-60856, “Exit Examination.” Presented as information only at this time, this item will be returned for action at a subsequent meeting.

Board comment Treece said the rule makes learning expectations clear. However, targets for English language learners do not seem to be as clear as those for general education students. Roger Bylund said the standards are the same except for students who have not had three years of English instruction.

10. BOARD REPORTS

Treece said she enjoyed having the student science fair winners recognized at the meeting tonight. She noted that MDUSD teachers continue to be supportive of innovative opportunities for student learning. Several have been working with industry leaders to plan three summer camps for high school juniors and seniors: one focused on biotechnology, another on engineering/manufacturing/construction, and a third on the environmental sciences. She reported that the Superintendent’s Parent Advisory Council (PAC) meeting last week included a good discussion of curriculum issues. She expressed appreciation for the MDUSD college and career center counselors who attended an industry breakfast last week and reported that tomorrow she will be participating in a Youth Services Provider forum, which many District staff will also be attending.

Strange reported that he continues to visit the District’s schools and has been to 14 since being appointed to the Board in March. He is very impressed with the quality of facilities across the District as a result of Measure C, with the student art work he has seen, and with the principals with whom he’s met. Each believes he/she has best staff, he said. He also attended the PAC as well as the Mt. Diablo High School open house, “an uplifting event.” He asked to see a list of grants recently awarded the District from Chevron.

Eberhart reported that he attended the City of Concord’s public discussion on possible uses of the Concord Naval Weapons Station property. He would like staff to provide the city with enrollment projections for the property as well as limitations of where schools can be located. He is concerned that children who live in the area be taken care of. (Treece said the property provides an opportunity to look at new ways to educate children. She would like the Board to have a discussion on the issue.)

Allen explained that he is a member of the Concord Chamber of Commerce’s ad hoc committee that is involved in plans for the Weapons Station property. He said the Chamber thinks there should be a magnet business located there; he personally would like to see an arts academy. In any case, it will be 10 to 15 years before anything is done. He commented that he has received several positive letters about the Tourism and Hospitality program at Mt. Diablo High and another complimenting Mildred Browne, Larry Jaurequi and Fran Martin on their management of the recent residency verification audit at College Park High. He reported on the CSBA Delegate Assembly meeting held last weekend, where Bill Leal’s death was noted. The delegates visited local legislators to promote repayment of money the state owes to schools, local district control over state revenues, the continuation of equalization, the repayment of mandated cost expenses, and the fairness in making charter schools follow the same rules as public schools. They also shared concerns about a trend in which city mayors are either taking over or saying they want to take over their local school districts.

Mayo reported on the “spectacular” dinner, open house, and student performance at Mt. Diablo High, calling it a “community celebration.” Noting that the national PTA Reflections Program is adding two categories to its award program—dance/choreography and video/film—she said the Mt. Diablo High students filmed their production and will submit it for a PTA award. She also reported on a teacher recognition event held by the Walnut Creek Stake of the Church of the Latter Day Saints to honor 15 District teachers who’d been nominated by their students for being a “profound influence” on their lives. She announced that the state PTA conference is being held this week. State Senator Tom Torlakson will join the group for a walkathon to highlight childhood obesity.

11. ADJOURNMENT Mayo adjourned the meeting at 10:30 p.m.

Gary McHenry, Secretary