MT. DIABLO UNIFIED
BOARD
MEETING – January 23, 2007
ATTENDANCE: Board: Gary Eberhart, April Treece,
Administrative Staff: Superintendent
President Eberhart called the meeting
to order at 5:00 p.m. in the Board Room at the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed Session at 5:01 p.m. in Room 6 of the
Anticipated Litigation
The Board voted 5-0-0 to bring a Notice of Completion for the Northgate High
School Little Theater Renovation to the February 13, 2007, Board meeting.
Readmission
Allen moved, Treece seconded, and the Board voted 5-0-0 to approve staff’s
recommendation to readmit Student 68-05.
Expulsion
Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve an extension
for an expulsion hearing for a middle school student.
Existing Litigation: Mariano v. MDUSD
Mayo moved, Allen
seconded, and the Board voted 5-0-0 to give staff authority to offer a
settlement of up to $20,000 in the case of Mariano v MDUSD.
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:30 p.m. President Eberhart
led the Pledge of Allegiance to the Flag.
Expulsions:
Student
24-07: Treece moved, Allen seconded, and the Board voted 5-0-0 that Student
24-07 be expelled from all schools and programs of the
Student
25-07: Strange moved, Mayo seconded, and
the Board voted 5-0-0 that Student 25-07 be expelled from all schools and
programs of the
Student
26-07: Allen moved, Mayo seconded, and
the Board voted 5-0-0 that Student 26-07 be expelled from all schools and
programs of the
Student
27-07: Mayo moved, Allen seconded, and
the Board voted 5-0-0 that Student 27-07 be expelled from all schools and
programs of the
3. CONSENT AGENDA
Mayo moved, Treece seconded, and the Board voted 5-0-0 to
approve the remaining items:
3.1 Minutes
of the Meeting of January 9, 2007.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 06/07-51 Variable
Term Waiver Requests
Adopted Resolution 06/07-51, authorizing Eric Andrew Wood,
Larry D. Smith, Robert Rivera, Michael Allum, Stephen Seaman, and Alexandra
Campbell to apply for a Variable Term Waiver, giving them additional time in
2006-07 to complete certain requirements for the credential that authorizes
their service. The waiver request is made when there is not a properly
credentialed person available for the position.
3.2.3 Resolution 06/07-54 Education
Code 44263 – Board Authorization
Adopted Resolution 06/07-54, authorizing Navpreet Padda, who
holds a California teaching credential and has 18 lower division units or 9
upper division units or graduate coursework in a subject to teach the subject
full or part time.
3.2.4 Resolution 06/07-55 Education
Code 44258.3 – Board Authorization
Adopted Resolution 06/07-55, authorizing Lucia Amerson, who
holds a single subject or secondary credential and has 12 lower division units
or 6 upper division units in a subject to teach that subject in a middle school
for the current school year.
3.2.5 Recommendation for Approval of District Internship,
Education Specialist, Mild/Moderate Teaching Credential
Approved Kristin Celio, who was recommended by Project
Pipeline TEACH, for a three year District Intern Certificate.
3.2.6 Recommendation for Approval of District Internship,
Single Subject, English Teaching Credential
Approved Ruben A. Quinones, who was recommended by Project
Pipeline TEACH, for a three year District Intern Certificate.
3.2.7 Assembly Bill 948 – STRS
Post-Retirement Earning Limitation
Approved an exemption of up to two years from the STRS
post-retirement earnings limitation for two retired employees: Sheri Wiseman,
who is filling a vacant Literacy Coach position, and
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Request to Eliminate One (1) Heating and Air
Conditioning Mechanic Position and Create One (1) Electro-Mechanical Technician
Position
Eliminated one vacant Heating and Air Conditioning Mechanic
position and created an Electro-Mechanical Technician position In an effort to
increase flexibility in assigning and responding to both scheduled and
unscheduled electrical and heating, ventilation, and air conditioning service
requests. Fiscal Impact: Cost increase
of $5,813 Funding Source: Routine Restricted Maintenance Fund
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of November
and December 2006
3.5 Fiscal
Transactions for November and December 2006
3.6 Amendment
to Contract with BFK Engineers
Approved an amendment valued at $4,000 to the contract with
BFK Engineers. Amendment is for the design of a revised sewage pumping system.
Fiscal Impact: $4,000 Funding Source: Proposition 55 Funds.
3.7 Notice
of Completion
Approved Notice of Completion to Contract C-825, Bid 1406,
for a total amount of $136,234 to Robert A. Bothman, Inc., for turf renovations
at
3.8 License
Agreement to Install and Maintain a Community Warning Siren at Hidden
Approved agreement with
3.9 Resolution
06/07-50 Certification for Carryover of Unmatched District Deferred Maintenance
Deposits
Approved Resolution 06/07-50, designating that the surplus
contribution of $60,462 in 2005-06 be applied to the 2006-07 contribution
requirement of $1,462,408. Fiscal Impact: $60,462 decrease to the current year
District’s Deferred Maintenance Match Contribution. Funding Source: Routine Restricted Maintenance Account
3.10 Independent
Contract for Speech-Language Pathologist through the Speech Pathology Group
Approved $97,680 contract with The Speech Pathology Group to
fill open Speech-Language Pathologist positions and meet student Individualized
Education Program (IEP) requirements. The District must use an agency due to
its inability to hire qualified Speech-Language Pathologists to fill all
vacancies. The expense will be offset by a projected vacancy savings in the
Related Services Other Specialized – Staffing Budget (1819).
3.11 Independent
Contract for a Speech-Language Pathologist through Progressus Therapy, Inc.
Approved $70,000 contract with Progressus Therapy, Inc., to
fill open Speech-Language Pathologist positions and meet student Individualized
Education Program (IEP) requirements. The District must use an agency due to
its inability to hire qualified Speech-Language Pathologists to fill all
vacancies. The expense will be offset by
a projected vacancy savings in the Related Services Other Specialized –
Operating Budget (1819).
3.12 Resolution
06/07-53 Authorizing Acceptance of Local Agreement for Child Care Resource
Program
Approved Resolution 06/07-53, authorizing the District to
enter into agreement CCAP-6042 with the California Department of Education for
funding the Child Care Resource Program and naming Assistant Superintendent
4. RECOGNITIONS -
4.1
4.2
5. PUBLIC COMMENT
- None
6. COMMUNICATIONS
6.1 Organizations
7. REPORTS/INFORMATION
- None
8. SUPERINTENDENT'S REPORT
McHenry said staff is looking at ways to
address major needs, which include attracting and retaining quality personnel,
adding career counselors, and expanding technology support. The Board will host
a series of public meetings to engage the community in discussions as to how to
address the needs. The first meeting is next Tuesday, January 30, at 7 p.m. at
9. BUSINESS
9.1 Resolution
06/07-52 African American History Month
Mayo moved, Strange seconded, and the
Board voted 5-0-0 to adopt Resolution 06/07-52, supporting the California
Department of Education’s designation of February as African American History
Month and recognizing the many contributions made by African Americans to the
American Heritage.
9.2 Appointment
of Director of Budgeting and Accounting—PULLED
9.3 Appointment
of Elementary Vice Principal
Treece moved, Allen seconded, and the
Board voted 5-0-0 to appoint Nancy Baum as Elementary Vice Principal, assigned
to Walnut Acres, effective January 24, 2007.
9.4 Contract
for a Community Opinion Survey
Mayo moved, Treece seconded, and the
Board voted 5-0-0 to approve a $26,750 contract with the Center for Community
Opinion to conduct a poll to determine the extent to which there is local
support for a tax to increase district revenues to restore and maintain
critical programs for its students. Fiscal Impact: $26,750
Funding Source: General Fund
Board comment
Eberhart said he did not support a poll the last time this was proposed,
but feels it is now necessary to key in on efforts in the continuing process to
improve the school district.
9.5 Overview
of the Planning Process for the Student Information System
Staff report
Jim Morrison, director of technology support and chair of the Student
Information System Committee (SIS), said the effort began in the late 1990s
when a Fiscal Crisis Management and Assistance Team (FCMAT) recommended that
the District acquire a new Student Information System. Lack of funding made the
acquisition impossible until now. He reported that six vendors responded to a
Request for Proposal (RFP). Two were invited to demonstrate their systems. SIS
Committee members reviewed them, interviewed the vendors, and talked to staff
in other school districts that used one or the other system. The committee felt
both systems are suitable. Superintendent McHenry is recommending Aeries, the
one that is less expensive, simpler, and more widely used by surrounding
districts.
Several committee members spoke on
behalf of the recommended system: Walnut Acres Principal Rose Lock on the use
and value of technology being used by teachers at her elementary school;
Concord High Registrar Lois Farrell
Doyle on the need to replace the existing outdated system and the many
capabilities of the proposed system for teachers, other staff, and parents;
Hidden Valley 5th grade teacher Shauna Hawes, recently named East Bay CUE (Computer-Using
Educators) Teacher of
the Year, on how the proposed system would save her time and provide important
instructional and personal information about her students; and Director of
Alternative Education
Gloria Gamblin explained that the
District will use approximately $4 million in one-time money received this year
from the following: all of the District’s and a percentage of each site’s
discretionary block grant; reimbursement for mandated cost expenses; the
Microsoft settlement; and designated interest-earning revenue. Expenditures for
the current year total approximately $900,000. Hardware and software costs
would be paid from one-time money; positions from the General Fund.
Public comment
Ygnacio Valley High Principal
Board comment/Staff response
In response to Eberhart, Gamblin explained that the categorical funds
(Career Tech, Ed Equipment, Instructional Materials, and Library, Tech Block
grant) delineated for the system can be used to purchase computer hardware. She
said some categorical money can also be used for training. She said the
committees overseeing those funds are considering requests for the expenditures
listed. The District Discretionary Block Grant may be used for technology. The
Site Discretionary Block Grant money will remain in site budgets; the request
is to allocate 50 percent of it to technology, i.e. for computers, at the site.
McHenry said sites can choose not to allocate the block grant money for
computers; they would have to find other funding sources for computers for
their staff. The Student Information System is not dependent on having a
computer in every classroom; however, without a computer in the classroom, a
teacher will have to use one in a central location. Jim Morrison cautioned
against the widespread use of laptop computers, saying desktops are easier to
maintain. Eberhart said he believes that the District needs more tech support
staff even without the new system. Morrison said the three positions being
proposed would bring the District to the number called for in the District
Technology Plan. Eberhart said he’s concerned that as the District becomes more
dependent on technology it will have to spend money to add staff to support the
technology needs. McHenry pointed out that one of the District goals, set
before he came to MDUSD in 1999, is to make students more technologically
proficient. He said staff is trying to achieve that goal in a cost-efficient
way, postponing decisions when money has not been available. The one-time money
that is available now may present the best opportunity for moving forward, he
said. Technology and Information Services Director
Eberhart said he has to be ready to
commit to “a $10 million plan” if he approves the items on tonight’s agenda.
Mayo said she is committed to this plan, recalling former Board member
This item was presented for
information and discussion only.
9.6 Award
of Request for Proposal 1449 – Eagle Software
9:44 p.m. Eberhart
adjourned the meeting in order to consult with legal counsel. Eberhart
reconvened the meeting at 9:47 p.m.
Public comment
John Ferrante, community member, agreed that the District needs a new
system but expressed concern that he has seen nothing in the proposal about
disaster recovery and backup. He raised questions about maintenance and repair
and stressed the importance of buying high-end hardware that will support
system changes and upgrades.
Board comment
In response to Strange, Morrison and Estrada assured the Board that
Ferrante’s concerns have been considered and addressed. In response to Allen,
Rolen said the agreement has been reviewed by legal counsel and the purchasing
director; one change has been requested. The contract will be returned to the
Board for approval at a later date. Eberhart said he is not comfortable
committing to the expenditure of $5 million in General Fund money over five
years.
Board action
Mayo moved, Treece seconded, and the Board voted 4-1-0 (Eberhart, no) to
approve the award of a $750,150 contract to Eagle Software contingent upon the
formation of a binding contract agreement between both parties. The vendor will
install and configure the new District Student Information System. Fiscal
Impact: $568,250 for the first year,
including support; $45,450 per year for support for the next four years; total
cost is $181,800. Funding Source:
Mandated Cost Reimbursement
9.7 Student
Information System – Associated Costs
Allen moved, Treece seconded, and the
Board voted 4-1-0 (Eberhart, no) to approve the Aeries Student Information
System, by Eagle Software, as the core student information system.
Fiscal Impact:
A.
$411,710
during fiscal year 2006-2007 for all non-personnel costs beyond the cost of the
Aeries contract. These costs include:
§
Aeries
Implementation: $104,760
·
Data
checking/Input
·
MDUSD
training
§
Hardware
and infrastructure: $306,950
·
19
scanners at high schools and middle schools
·
6
servers for Aeries
·
Software
for servers and Microsoft Access upgrade for office computers
·
Infrastructure
upgrade in Technology and Information Services: electrical, data racks,
firewall, data storage
·
25%
of office computers at high schools, middle schools, Alternative Ed sites
B.
$108,629
during fiscal year 2006/2007 for 3.0 FTE, full-time, 12 months/year new
positions:
·
Database
Administrator (Range 7 on Management Salary Schedule)
·
Technology
Customer Service Supervisor (Range 8 on Management Salary Schedule)
·
Coordinator
of Classified Training (Range 8 on Management Salary Schedule)
Funding Source:
$411,710 from District Discretionary Block Grant; $108,629
from General Fund
9.8 Award
of Bid 1443
Strange moved, Allen seconded, and the Board voted 5-0-0 to
award Bid No. 1443 to Arntz Builders, Inc. in the amount of $6,240,152 to
provide modernization and new classrooms at
9.9 Award
of Bid 1442
Treece moved, Strange seconded, and the Board voted 5-0-0 to
award Bid No. 1442 to Taber Construction, Inc. in the amount of $9,568,600 to
provide modernization and new classrooms at Strandwood Elementary, Diablo View
Middle,
9.10 Creation
of an Eight (8) Hour P.M Custodian Position for Olympic and Mt. Diablo High
Schools
Mayo moved, Allen seconded, and the Board voted 5-0-0 to
create an additional eight-hour P.M. Custodian position to support the current
custodial staffs at Olympic High (4.5 hours) and Mt. Diablo High (3.5 hours).
Fiscal Impact: $52,943 Funding Source: General Fund
9.11 Upgrade
of an Education Consultant/Behavior Management Specialist in Special Education
Strange moved, Treece seconded, and the Board voted 5-0-0 to
upgrade a full-time, 261-day work year Educational Consultant/Behavior
Management Specialist position from Range 11 to Range 15. Fiscal Impact: $2,684 cost increase to the General Fund for
fiscal year 2006-2007 and $4,882 for a full year.
9.12 Increase
in Work Year for Behaviorist Program Manager
Allen moved, Treece seconded, and the
Board voted 5-0-0 to increase the work year for the Behaviorist Program Manager
from 222 to 248 days. Fiscal Impact:
$916 increase to the Designated Instructional Services (DIS)
Supplemental Staffing budget (Program Code 1818) for the full year or $458 for
the period January–June 2007.
9.13 Opportunity for Public Response to Public Employees
The Public Employees Union, Local One
(Clerical, Secretarial and Technical Unit), and the Board’s Successor Agreement
proposals were publicly presented at the January 9, 2007, Board meeting. At
this time the Board provided an opportunity for public response to the
proposals. No requests to speak were submitted.
9.14 Public Presentation and Board’s Acknowledgement of Receipt
of
By law, school districts are required
to “sunshine” collective bargaining proposals in an open session of the Board.
The proposal from Mt. Diablo School Psychologists Association was submitted as
an information item at this time. It will be returned at a later meeting for
action.
9.15 Public Presentation and Board’s Acknowledgement of Receipt
of the District’s Successor Agreement Proposal. Public Presentation and
Adoption of Board’s Successor Agreement Proposal
By law, school districts are required
to “sunshine” collective bargaining proposals in an open session of the Board.
The Board’s Successor Agreement proposal for the Mt. Diablo Education
Association was submitted as an information item at this time. It will be
returned at a later meeting for action.
10. BOARD REPORTS
Mayo reported that she recently attended: the Workability
program at Mt. Diablo High on January 10 and the Pleasant Hill Education Summit
last Saturday. She thanked
Strange reported that he attended the Pleasant Hill
Education Summit with other Board members and later that Saturday afternoon
rode on Brownlee, boat used for the 5th grade science program. He
also attended the memorial service for Mr. Clarke. He announced that Gary
Eberhart and he are going to
Treece reported that she attended the State Youth Conference
as member of the Contra Costa County Workforce Development Board Youth Council.
While there she interacted with Herman Medina, an Olympic High student engaged
in the Contra Costa Interfaith Supporting Community Organization (CCISCO) who
helped set up a youth employment service for students in Bay Point. She was
impressed with the leadership he and his fellow students exhibited in engaging
with the community and a tribute to the type of engagement Olympic High
students are able to have with the local workforce. She said Board members
recently received a letter from Herman announcing the Workforce Development
Board Youth Council’s approval of $75,000 for the youth employment program. She
hopes to see MDUSD get involved in the program and will update the Board on
activities as she hears about them. She is also working with health care
professionals to put on the annual Contra Costa Health Career Fair on February
2 in San Ramon. In this activity she met
Eberhart reported that he also attended the Pleasant Hill
Education Summit, where he appreciated hearing from the 12 student presenters
and seeing staff as presenters and attendees. He, too, enjoyed riding on the
Brownlee later that day and talking to folks at the Contra Costa Water District
and a teacher and principal involved in the water environment program. In
preparation for the NSBA conference, he has been meeting with McHenry to
delineate District needs, which he will bring to the members of Congress with
whom he and Strange meet. He announced that he will make the Board member
committee assignments at the next meeting. He said he attended the “inspiring”
memorial service for Henry Clarke and shared some of his own memories of the
labor leader.
11. ADJOURNMENT Eberhart adjourned the meeting at
10:33 p.m. in memory of Henry Clarke,