MT. DIABLO UNIFIED
BOARD
MEETING –
ATTENDANCE: Board: Linda Mayo,
Administrative Staff: Superintendent
Student Representatives: David
Cranmer, Ygnacio Valley (voting); Alex Bendoyro, Clayton Valley; Brian Herrity,
Northgate; Sheila Rezaei, College Park; Erika Moore and Alexandra Echeverria,
Mt. Diablo High; Larry Acosta, Olympic.
President Mayo called the meeting to
order at
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned
to Closed Session at
Public Employee Discipline/Dismissal/Release/Complaint
Allen moved, Treece
seconded, and the Board voted 5-0-0 to approve staff’s recommendation not to
re-elect the following Probationary I/Provisional/Temporary certificated
employees: ID# 23634, 23412, 23538, 23452, 16506, 15564, 22926, 10923, and
16066. .
2. RECONVENE OPEN SESSION: The Board returned to Open Session at
Expulsion
Student 73-06: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 73-06 be expelled from all schools and programs of the
Student 74-06: Eberhart moved, Treece seconded, and the
Board voted 5-0-0 that Student 74-06 be expelled from all schools and programs
of the MDUDS and that Student 74-06 may apply for readmission after
Student 75-06: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 75-06 be expelled from all schools and programs of the
Following these actions, Mayo reported the action taken and
topics discussed in Closed Session. She announced that the Board will meet in
Closed Session at
3. CONSENT AGENDA
Allen moved, Strange seconded, and the Board voted 5-0-0
(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 05/06-75 Variable
Term Waiver Requests
Authorized Jose Soltero and Maribel Valerio to apply for a
Variable Term Waiver, giving them 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 05/06-77 Education
Code 44258.3 – Board Authorization
Under Ed. Code 44258.3, the Board can authorize, with their
consent, holders of any
3.2.4 Recommendation for Preliminary
Single Subject Teaching Credential
Recommended Kenneth Main, who has now completed a District
Intern Credentialing Program, for a Preliminary Teaching Credential.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Increase in Hours for a
Part-time Secretary Position at
Increased from 24 to 25 hours/week an existing 12-month/year
Secretary position at Mt. Diablo Adult Education. There is no impact to the
General Fund. The $4,783 increase in fiscal year 2006-07 will be paid from
Adult Education funds.
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of April 2006
3.5 Fiscal
Transactions for the Period of November 2005 through February 2006
3.6 Grant
Awards
3.6.1 School Assistance and Intervention Team (SAIT) Grant
for
Accepted a $7,200 grant from the California Department of
Education for the School Assistance and Intervention Team (SAIT) program at the
Accepted a $75,000 grant from the California Department of
Education to pay the costs of a contract with WestEd to serve as the School
Assistance and Intervention Team (SAIT) provider for
3.6.3 School Assistance and Intervention Team (SAIT) Grant
for Mt. Diablo High School
Accepted a $242,250 grant from the California Department of
Education for the School Assistance and Intervention Team (SAIT) program at
Accepted a $100,000 grant from the California Department of
Education to pay the costs of a contract with WestEd to serve as the School
Assistance and Intervention Team (SAIT) provider for
3.7 Community-Based
English Tutoring Program (CBET)
Approved
3.8 Award
of Bids
3.8.1 Award of Bid IFB 1414 to Cole Supply Co., Inc. in the
amount of $221,157.54 to purchase custodial supplies to support the overall
operation of school sites and departments throughout the District. Funding
Source: General Fund
3.8.2 Award of Bid 1419 to Rodan Builders, Inc. in the amount of $610,017 to
remove and replace freezers and coolers at
3.9 Supplemental
Agreement #3 with Northgate Community Pride Foundation for Reconstruction of
the Little Theater
Approved a third supplemental agreement with Northgate
Community Pride regarding the installation of a state-of-the-art sound system
in the Little Theater. Fiscal Impact:
Not to exceed $150,000 Funding
Source: Northgate Community Pride
Foundation
3.10 Award
of Inspector of Record Contracts
Approved contracts, which together may not exceed $299,900,
for the services of State-Certified Inspectors of Record to support the DSA
approved construction projects:
Todd Anders, ITS Enterprises, Inc. $135,000
Paul Lucido $164,900
Funding Source: Proposition 55 -
$168,440; Deferred Maintenance - $35,000;
Measure C - $1,000; Developer Fees -
$74,900; Measure A - $20,000
3.11 Approval
of Purchase Orders
3.11.1 Purchase Order to Marken Mechanical Services in the amount of $50,850 to provide
labor and materials to replace nine (9) roof-top HVAC units on E-Pod at
3.11.2 Purchase Order for RFQ 1427 to Cummins West, Inc. in the amount
of $49,416 for a diesel-driven generator for the
3.11.3 Purchase Order for RFQ 1428 to Musson Theatrical in the amount
of $111,472.13 for the sound system at Northgate High School Little Theater.
Funding Source: Northgate Community
Pride Foundation
4. RECOGNITIONS –None.
Superintendent McHenry announced that the seven elementary schools
recently named 2006 Distinguished Schools would be recognized at ceremonies in
5. PUBLIC COMMENT
Renee Walker,
6. COMMUNICATIONS
6.1 Student
Representatives
Reporting on events, activities, and issues at their
respective high schools were David Cranmer,
6.2 Organizations
LeeAnn Sanders and Connie Warner presented the End-of-Year
report for the District’s Community Advisory Committee. (Copies available in
the Special Education Department and in the Superintendent’s Office.)
7. REPORTS/INFORMATION
7.1 Brown Act General Counsel
•
Purpose
Of Brown Act:
Facilitate public participation in local government decisions and curb misuse
of democratic process by closed meetings.
•
The
General Rule:
All meetings of the legislative body of a local agency shall
be open and public, and all persons shall be permitted to attend any meeting of
the legislative body of a local agency, except as otherwise provided.
•
Boards
have some leeway
e.g., Labor Negotiations:
May involve discussion of agency’s available funds and funding
priorities
•
Particular
problems of e-mails
•
Starts
out private.
•
Mushrooms
into group discussions.
•
Heart
of politics is consensus building.
•
Floating
trial balloons.
•
Adjusting
differences of opinion.
•
The
fragility of brainstorming.
•
Hierarchy
of values.
•
E-mail
protection
•
Do
not hit “reply all.”
•
Do
not forward to a quorum.
•
Add
boiler plate to your Board email messages:
“This message is intended as a person-to-person dialogue, do not forward
to a quorum of the Board.”
7.2 Alternative Education Foundation fundraiser: Strange
reported on the Alternative Education Foundation’s first fundraiser, a softball
tournament that was held last Sunday until it was rained out. The finals will
be rescheduled. The event raised about $2,500. Donations to the foundation may
be sent to Olympic High c/o Principal
8.
SUPERINTENDENT'S REPORT
McHenry reported that site and District staff participated
in the annual state review, Comprehensive Program Monitoring (CPM), last week.
The District was found to be compliant in 14 of 18 areas. He announced that
this is Classified Employee Week and extended congratulations to all. A
reception in their honor takes place tomorrow at
9. BUSINESS
9.1 Appointment of Curriculum Specialist
Strange moved, Treece seconded, and
the Board voted 5-0-0 (Student Rep, yes) to appoint Patrick Cleaver as
Curriculum Specialist, effective
9.2 Appointment of Program Specialist – Special Education
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 (Student Rep, yes) to appoint Kara Oettinger as Program
Specialist, Special Education.
9.3 Disclosure of Proposed Collective Bargaining Agreements
with Mt. Diablo School Psychologists Association (MDSPA); Local One Clerical, Secretarial, and
Technical (CST):Local One Maintenance and Operations (M & O); California
School Employees Association (CSEA); Mt. Diablo Education Association (MDEA);
Supervisory; and Diablo Managers Association as Required by AB1200
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 (Student Rep, yes) to approve disclosure of tentative
agreements with all employee bargaining groups and of multi-year projections.
For the 2006-2007 fiscal year, all bargaining units/associations will receive
the equivalent of a three percent (3%) compensation increase effective July 1,
2006, plus a possible one (1%) effective January 1, 2007 for a total of
approximately four percent (4%). Fiscal Impact:
$2,937,605 Funding Source: General Fund and other applicable funds of
the District.
Staff comment
McHenry reported that the District will receive additional revenues from
the state in 2006-07, making it possible to increase employee salaries beyond
the amounts agreed to in the three-year contracts signed last spring and fall.
The
9.4 Request
to Increase Compensation to Employee Bargaining Units and Associations
Eberhart moved, Strange seconded, and
the Board voted 5-0-0 (Student Rep, yes) to increase compensation to employee
bargaining units and associations effective July 1, 2006, and January 1, 2007,
and to revise retiree benefit language for eligible non-MDEA employees (similar
language is already in place for MDEA members). Fiscal Impact: $2,937,605
Funding Source: General Fund
9.5 Resolution 05/06-79 Authorizing the Issuance of
Community Facilities District No. 1, Series 2006 Special Tax Bonds, Measure A
Strange moved, Allen seconded, and
the Board voted 5-0-0 (Student Rep, yes) to approve Resolution 05/06-79,
authorizing the issuance of Community Facilities District No. 1, Series 2006
Special Tax Bonds, Measure A. Because interest rates are currently low, the
District is able to refinance 1996 Measure A bonds. As a result, the repayment
of all outstanding Measure A debt will be complete by fiscal year 2017-2018,
approximately one year earlier than anticipated.
9.6 Declaration
of Need for Fully Qualified Educators
Treece moved, Allen seconded, and the
Board voted 5-0-0 (Student Rep, yes) to approve the Declaration of Need form
indicating the number of teachers the District anticipates hiring under
emergency permits for the 2006-07 school year. The Commission on Teacher
Credentialing requires the District to submit this form annually.
9.7 Consider
Approval of Service Agreement with Connect-ED
Strange moved, Allen seconded, and
the Board voted 5-0-0 (Student Rep, yes) to approve an agreement with
Connect-ED for a phone/computer e-mail system that allows principals and other
administrators to send a message to all parents of students in the District
within five minutes in an emergency. Fiscal Impact: Up to $137,332 Funding Source: General Fund.
Board comment
In response to Strange, Dana Aikens of Connect-ED explained the training
that her company will provide to all principals and other staff as needed. She
said the program includes an e-mail component and also connects with the
District’s Student Information System. Eberhart said he was not comfortable
with the contract provision that allows for businesses to sponsor messages.
Rolen said the District has the right to deny the use of sponsors. Aikens said
the provision allows Connect-ED to bring sponsorship opportunities to the
District. McHenry said the District will not use sponsors unless directed to do
so by the Board. He said the District’s intent is to use the program for
emergencies, but there is the capability for school sites to use the system for
announcements of activities, such as upcoming fundraisers. In response to
Strange, McHenry said all principals and one or two co-administrators at each
site will be trained.
9.8 Creation
of a Welder Position and Elimination of a Vacant Planner Position
Allen moved, Treece seconded, and the
Board voted 5-0-0 (Student Rep, abstain) to approve the creation of a Welder
position and the elimination of a vacant Planner position. The leadership of
Local One was advised of the proposal. Fiscal impact: Net annual savings of
$8.025. Funding Source: Restricted Routine Maintenance Account.
9.9 Recommendation
for Year Three Program Improvement and SAIT Schools’ Corrective Action Plan
Liaison teams consisting of staff
from Administrative Services, Curriculum and Instruction, and Student Services
have identified three corrective actions and developed a plan for technical
assistance at the following schools: Mt. Diablo and Ygnacio Valley high;
Glenbrook, Oak Grove, and Riverview middle; Cambridge, Meadow Homes, and Rio
Vista elementary. Fiscal Impact: Local
district match may include dedication of general and/or categorical funds.
Funding Source: SAIT; Title I; Title II;
EIA LEP. Presented as information only at this time, this item will be returned
for action at a future meeting.
Board comment
Eberhart asked what it will take to move the schools out of their
“Program Improvement” designation (as set by the federal No Child Left Behind
Act). McHenry explained that assignment to Program Improvement is based on a
school’s ability to meet specific standards, such as the number of students
taking the test and the percent scoring in the “proficient” range. When schools
meet those standards, they will pass out of Program Improvement. McHenry said
the strategies in the plans are designed to improve student performance over
time, but the law calls for the bar to be constantly raised. Eberhart expressed
skepticism that the plans will help the schools meet the requirements and said
he does not like the federal No Child Left Behind Act. McHenry agreed that it
is a flawed law, but school districts must still abide by it until such time as
it is changed. He added that the law does require districts to have curriculum
standards and adequate resources and highly qualified teachers, all of which
will, if in place, lead to student success. Eberhart said parent involvement is
also crucial.
9.10 Public Hearing regarding the Draft Environmental Impact
Report for the
Public hearing
Mayo opened the Public Hearing at 9:24 p.m. Speaking in support of the
Concord High stadium lighting project: CHS Athletic Booster Club members Bob
Dottery, Janet Ruiz; parent Teresa Chin; students Brook Galvin, Alisha
Penafiel, and Joseph Lyster; and athletic director/coach Brian Hamilton. With
no further requests to speak, Mayo closed the public hearing. She noted that
the public comment period ends on June 6.
The purpose of this Draft
Environmental Impact Report (EIR) is to evaluate environmental consequences
that would result in lighting the football field at
9.11 Adoption
of K-5 History/Social Science Materials
Treece moved, Allen seconded, and the
Board voted 5-0-0 (Student Rep, yes) to adopt the Harcourt School Publishers
History/Social Science materials: Reflections/Reflexiones for
9.12 Adoption
of the 9-12 History/Social Science Materials
Strange moved, Allen seconded, and
the Board voted 5-0-0 (Student Rep, yes) to adopt the following high school
history/social science textbooks:
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, 8th ed.,
McDougal Littell
AP Economics Principles of Economics, Thompson
South-Western
AP Psychology Psychology, Myers in Modules, 8th
ed., Worth
A committee of high school
History/Social Science teachers and a curriculum specialist met throughout the
year to assess the materials and develop the recommendation. Presented as
information at the May 9 Board meeting, this item was returned for action at
this time.
9.13 Consider Approval of Board Policy 6146.12, clarifying
options for students who have not passed the
Allen moved, Treece seconded, and the
Board voted 5-0-0 (Student Rep, yes) to adopt Board Policy 6146.12, options for
students who have not passed the CAHSEE. Current education code provides
options for
Staff comment
McHenry noted that there has been a recent court action that allows
students in the Class of 2006 to receive a high school diploma if they have
earned the required number of units even if they have not passed the CAHSEE.
The CAHSEE requirement is still in place for students in the Class of 2007 and
beyond.
9.14 Board
Policy and Administrative Rule 5123 – Promotion/Retention/Acceleration
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 (Student Rep, yes) to adopt Board Policy and Rule 5123,
which was revised in order 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 at the May 9 Board meeting, this item was returned for action at
this time.
9.15 Board Policy and Administrative Rule 5131 (e) – Possession
of Cellular Phones and Other Personal Electronic Signaling Devices
California Educational Code 48901.5
allows the governing board of each school district to regulate the possession
or use of any electronic signaling device that operates through the
transmission or receipt of radio waves, including, but not limited to, paging
and signaling equipment, by pupils of the school district while the pupils are
on campus, while attending school-sponsored activities, or while under the
supervision and control of school district employees. Presented as information
at the February 28 Board meeting, this item was returned for action at this
time.
Board action
Strange moved and Mayo seconded a motion to adopt the policy, but after
discussion the Board agreed to table the item pending changes to the text.
Board comment
Eberhart expressed concern that the policy/rule preventing students from
using their cell phones during lunch and other breaks will be difficult to
enforce and is counter to the wishes of parents. McHenry said the policy/rule
were developed in response to a cheating scandal at one of the high schools.
Phones were used in that case and are also used to take inappropriate photos.
The policy/rule are intended to monitor the use of phones.
9.16 Healthy
Living Course of Study
A curriculum specialist worked with a
committee of two high school vice principals and a health teacher to develop
the high school Healthy Living course of study. Presented as information only
at this time, this item will be returned for action at a future meeting.
9.17 Adoption
of the Advanced Film Course of Study
A curriculum specialist worked with a
committee of teachers to develop the high school Advanced Film course of study,
which is a continuation of Introduction to Film Study. Presented as information
only at this time, this item will be returned for action at a future meeting.
9.18 Modification
of Board Policy and Rule 1312.3 – Community Relations, Uniform Complaint
Procedures
This change will bring the District
into compliance with state and federal program regulations pertaining to procedures
for individuals filing complaints around alleged discrimination. Presented as
information only at this time, this item will be returned for action at a
future meeting.
9.19
By March 1 and by October 15 each year
10. BOARD REPORTS
Allen said he enjoyed attending the Ygnacio Valley High WOW
Assembly, recognizing students who raise their GPA; the District’s teacher
recognition reception; the Adult Ed. employee recognition event; the
Eberhart said he also attended the YVHS WOW Assembly and was
impressed by the number of students who have 4.0 GPA and others who have
improved their grades. He, too, enjoyed the District teacher reception. He
encouraged people to vote on June 6.
Treece reported that she attended the countywide Youth
Service Provider Summit, where conversations began about how to provide
complete services to students, how community organizations and school personnel
work together, and how communities can be attentive to the needs of students
and families. Three key themes: 1) focus on all youth and one system to support
that youth (MDUSD a model); 2) No Wrong Doors (students given many options and
support for their choice); and 3) student-promoted “No More Ugly Shirts”
(agreement with parents on dress). She appreciated receiving a letter of thanks
from Northgate student Sean Harrington for the Board’s restoring 4th
grade music and from librarian Kit Hein asking the Board to support AB 2540 and
2065.
Strange reported that he’s continuing to visit schools and
enjoyed attending the District’s teacher reception, where he told teachers that
every principal has told him they have “the best faculty in the District.” He
said it speaks to the quality of the teachers and the appreciation administrators
have for them. He enjoyed playing in the Alternative Education Foundation
softball tournament and hopes his team wins the championship when it is played.
He also attended the Home Study Share Fair, where he was impressed with the
teachers and support provided.
Mayo noted that she has been attending the state PTA
convention, where two issues of interest were children’s use of television and
the responsibilities of citizenship. She reported that State Senator Tom
Torlakson and daughter attended the convention to participate in a walk to
prevent cancer and obesity. She also attended the District’s Millenium Mile,
the annual track event for 4th and 5th graders, held last
Saturday to promote a lifetime of physical fitness.
Superintendent’s announcement
McHenry reported that the Governor had presented the “May Revise” of his
budget proposal recently. State finances are better, and school districts will
be receiving more money in 2006-07.
11. ADJOURNMENT
Mayo adjourned the
meeting at