MT. DIABLO UNIFIED
BOARD
MEETING – February 27, 2007
ATTENDANCE: Board: Gary Eberhart (at 6:30 p.m.), April
Treece,
Administrative Staff: Superintendent
Student Representatives: Hanna Kim and
Lexie
Vice President Treece called the meeting
to order at 6:00 p.m. in the Board Room at the
PUBLIC COMMENT: Anita Carpenter, Mt. Diablo High
parent, said she has been working with school staff to address her child’s
needs but would like help from District staff, too.
CLOSED SESSION: The Board adjourned to Closed Session at 6:11 p.m. in Room 6
of the
Readmission
Mayo moved, Strange seconded, and the Board voted 4-0-0 (Eberhart not yet
present) to approve staff’s recommendation to readmit one student and deny
readmission to 11 students who did not meet the requirements.
Expulsion hearing extension
Mayo moved, Allen seconded, and the Board voted 4-0-0 (Eberhart not yet
present) to approve an extension for an expulsion hearing for Student 35-07.
Existing Litigation: Casillas v. MDUSD
Allen moved, Strange
seconded, and the Board voted 4-0-0 (Eberhart not yet present) to give staff
authority to offer settlements of $17,500 and $3,500 to the two parties in the
case of Casillas v MDUSD.
2. RECONVENE
OPEN SESSION: (Hearing that the MDEA president had encouraged all teachers
to attend this meeting, District staff set up the Multi-use Room at
Expulsions
Student 31-07: Allen
moved, Treece seconded, and the Board voted 5-0-0 that 31-07 be expelled from
all schools and programs of the Mt. Diablo Unified School District and that
Student 31-07 may apply for readmission after June 14, 2007. It is required that Student 31-07 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 32-07: Mayo moved, Allen seconded, and the Board
voted 5-0-0 that Student 32-07 be expelled from all schools and programs of the
Student 33-07: Strange moved, Treece seconded, and the Board
voted 5-0-0 that Student 33-07 be expelled from all schools and programs of the
3. CONSENT AGENDA
Mayo moved, Allen seconded, and the Board voted 5-0-0 to
approve the remaining items:
3.1 Minutes
– none.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 06/07-85 Education
Code 44258.3 – Board Authorization
Adopted Resolution #06/07-85 authorizing Julie Fernandez,
with her consent, to teach departmentalized classes in grades K-12 irrespective
of the designations on her teaching credential because her competence was
verified according to policies and procedures established by the governing
board and consistent with Education Code 44258.3.
3.2.3 Resolution 06/07-86 Education
Code 44263 – Board Authorization
Adopted Resolution #06/07-86, authorizing Chris Emigh and
Jeanette Disney, who hold a California teaching credential and have 18 lower
division units or 9 upper division units or graduate coursework in a subject,
to teach that subject for the current school year.
3.2.4 Resolution 06/07-87 Approval of
Provisional Internship Permit (PIP) Request(s)
Adopted Resolution #06/07-87, authorizing Jessica Seghers to
apply for a Provisional Internship Permit (PIP) in order to complete her
assignment for the 2006-07 school year.
3.2.5 Addition of .03 Full-Time
Equivalent Position (FTE) for 2006-2007 School Year
Added .03 FTE in Title I, Part A, increasing the expenditure
budget of Categorical Funds by $1,673. Funding Source: Categorical Funds – Title I – Part A (Program
Code 3070).
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Additional FTE for an Assistant to the Hearing
Impaired Position at
Added .21875 FTE for an Assistant to the Hearing Impaired
position at
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of January
2007
3.5 Fiscal
Transactions for January 2007
3.6 21st
Century Community Learning Centers Grant
Approved submittal of an application for a one-year
$1,200,000 grant to begin after school programs at five sites:
3.7 Award
of Design Services
Awarded $28,000 contract to PHd Architects for the
comprehensive design services for the flooring and bleachers replacement at
BOARD PRESIDENT REMARKS
President Eberhart said the Board had heard that a number of
teachers would be attending the meeting to show their support for the
negotiations process and called their presence a sign that “you have a vested
interest” in the process. He wanted to take the opportunity to tell them that
the Board’s and District’s two highest priorities are “competitive salaries for
all of our employees and trying to work on the benefits issue for teachers.” He
said he appreciates talking regularly with the MDEA president and has
frequently told him that the two issues are complex and will require complex
solutions and that “we’re dedicated to working on that this year, but it’s not
going to be done in an adversarial way. . . We need to be working
collaboratively on these problems.” He said he’s continually stressed the need
for collaboration and remarked that the District and MDEA leadership recently solved
a problem with summer school pay through collaboration without the need for
formal negotiations. Despite his comments and this example, “all I’m seeing
with regard to these major problems is negativity, and I don’t know what to do
about it.” He encouraged the teachers to “lobby us as a Board,” not just via
e-mail but by telephone, and “to try to do it in a positive way, a way of
looking for solutions to problems.” He encouraged teachers to “lobby your
union” as well, to say, “Work collectively.” Having announced that the first
bargaining session is March 29, he said, “We haven’t even started negotiations
and already we have teachers picketing job fairs and writing letters to the
editor. We need to come up with solutions, and it’s not going to happen if we’re
at each other’s throats. We need to work collaboratively.” He thanked people
for coming to the meeting, saying he wished the audience was this large at
every meeting. Acknowledging that it is difficult for teachers to attend night
meetings, Eberhart said he wanted the group to hear the report on Facility and
Program Needs (Agenda Item 9.1) at this time in case anyone needed to leave
soon. He asked Superintendent McHenry to present the report.
INTRODUCTION
Before beginning his report, Superintendent McHenry took
time to introduce Deborah Franks, who was appointed Coordinator,
Student/Community Services, 9-12, at the February 13, 2007, Board meeting but
was unable to attend that session.
9.1 PUBLIC HEARING ON
FACILITY AND PROGRAM NEEDS
McHenry said the District leadership has to determine how to
address more than $600 million worth of facility and program needs, including
how to provide competitive salaries for all employees. He and
4. RECOGNITIONS - None
5. PUBLIC COMMENT -
None
6. COMMUNICATIONS
6.1 Student Representatives
Hanna Kim and Lexie
6.2 Organizations
Mike Noce, MDEA president, said that “returning to district-provided
medical benefits” is the membership’s top priority in negotiations and that
teachers realize “it may take 3 to 6 years to get us where we need to be.” He
encouraged the Board to direct staff to find creative ways to fund medical
benefits for teachers. He said MDEA is willing to work together with the
District, but will not be just a rubber stamp. He announced that at MDEA’s next
faculty representative assembly he will recommend approval of three items on
which the District and MDEA have reached tentative agreement: the 2007-08
school calendar, a pay increase for summer school teachers, and a stipend for
nurses and speech and language pathologists. He said there has been some
willingness for MDEA and the District to work together, but problems still do
exist.
7. REPORTS/INFORMATION
7.1 Report
and Discussion of Pilot Project Labor Agreement
On May 10, 2005, the Board directed staff to conduct a pilot
project in the use of a Project Labor Agreement (PLA). On March 28, 2006, the
Board approved a Pilot Project Labor Agreement with local labor groups. On June
27, 2006, the Board awarded Taber Construction a contract to build nine new
classrooms using a PLA. The Board approved the Notice of Completion for this
project on February 13 and requested a report. M&O Director
•
Scope of agreement:
o
#1422 – new classrooms at CVHS (2), CHS (1) and
CPHS (2)
o
#1423 – new classrooms at NGHS (1), Strandwood (2)
and YVHS (1)
•
Bid packages advertised on April 13 and April 20,
2006.
•
May 11, 2006—Bid proposals opened. Only one bid
received for each package, both from the same contractor for a combined bid
value of $5.1 million (architectural estimate was $2.2 million).
•
Based on conspicuous lack of response and cost
variance, bids were re-developed as Bids #1432 and #1433.
•
Staff solicited assistance from Carpenters Local
#152 and the
•
Six general contractors attended the June 2
pre-bid conference; only two purchased plans and specifications.
•
June 20, 2006—Bid proposals for both packages
opened. Taber Construction submitted proposals for both bids totaling
$4,950,000. Bid awarded by Board.
•
July 7, 2006—Pre-construction meeting with Taber,
IOR, architect and Trades Union representatives. Construction commenced.
•
December 22, 2006—New classrooms occupied.
•
February 13, 2007—Board accepts Notice of
Completion for Bid #1433; final Change Order amount is $184,664.64 (7%).
•
Bid #1432 scheduled for Notice of Completion at
March 13 Board meeting; final Change Order amount is $60,687.77 (2.5%).
•
Final, aggregate Change Order amount is
$245,352.41 (5.1%) for entire project
Board/staff comment Treece asked if the
project differed in any significant way from the other projects the District
has undertaken. Pedersen said it did not. Strange asked if the quality was
higher on the PLA project than on others. Pedersen said the contractor, Taber
Construction, has consistently conducted quality work on all its District
projects. Allen asked if the project came in on budget. Pedersen said all
construction bids were coming in higher than architect estimates at the time
this project was bid. The market has changed again, and there is currently more
competition for work than a year ago, which will impact current and future
costs. In response to Allen, Pedersen said the project was completed on time.
Eberhart asked if the union crew’s experience in the business made any
difference. Pedersen said it is difficult to quantify the experience level of
the construction workers on the project.
Eberhart asked Board members if they would be interested in
the District’s doing another pilot PLA project. Treece, Strange, and Allen
expressed interest. Mayo asked that a similar project open to non-union bidders
be conducted at the same time so a true comparison can be made. Eberhart
directed staff to place the topic on a future Board agenda so the Board can
discuss it further and provide direction to staff. Allen asked that staff
provide a list of potential projects.
8.
SUPERINTENDENT'S REPORT
McHenry thanked all the people who
consistently come to Board meetings, namely senior staff and labor leaders, as
well as the many site administrators who attended tonight’s session.
9. BUSINESS
9.1 Public Hearing on Facility and
Program Needs—Presented earlier in the meeting. See above.
9.2 Summer
School Administrative Position
Allen moved, Treece
seconded, and the Board voted 5-0-0 to appoint Barbara Weil as principal,
assigned to
9.3 Resolution
06/07-72, Women’s History Month
Treece moved, Mayo
seconded, and the Board voted 5-0-0 to adopt Resolution 06/07-72, acknowledging
the California Department of Education’s designation of March as Women’s
History Month and recognizing the many contributions made by women in the
formation of
9.4 Resolution
06/07-73, Arts Education Month
Strange moved, Mayo
seconded, and the Board voted 5-0-0 to adopt Resolution 06/07-73, acknowledging
the California Department of Education’s designation of March as Arts in
Education Month and recognizing the importance of celebrating the arts with
meaningful student activities and programs
9.5 Public
Hearing – Quality Education Investment Act (QEIA) Application
Recognition McHenry acknowledged and thanked Grant
Writer
Glover then presented a summary of the Quality Education
Investment Act (QEIA)
A.
Background QEIA arose from the settlement of a lawsuit
the California Teachers Association brought against Governor Schwarzenegger in
regard to $2.9 billion in Proposition
98 money the Governor withheld from public school districts in 2004-05 and
2005-06 to help balance the state budget. QEIA makes 7-year grants available to
Decile 1 and 2 schools, which must apply for the funds.
B.
Purpose
1.
Improve
quality of academic instruction and level of pupil achievement
2.
Develop
exemplary school practices to recruit and retain well qualified staff
3.
Focus
school resources solely on instructional improvement and services to pupils
C.
Eligibility Decile 1 and 2
schools based on 2005 Academic Program Index (API) and High Priority Schools
Grant Program (HPSG) that failed to exit (includes Deciles 1 to 5). Eligible
District schools: Bel Air,
D.
Funding options Schools may apply for one of the following:
1.
Standard Program
Five
core requirements:
•
Lower class sizes
•
Lower pupil-to-counselor ratio (grades
9-12)
•
Ensure highly qualified teachers
•
Ensure teacher experience is equal to
or better than district average
•
Meet student outcome requirements – API
growth targets, increased attendance, increase graduation rates
2.
Alternative Program
•
Based on reliable data and “consistent
with sound, scientifically based research”
•
Costs not to exceed funding
•
Funded alternative schools
•
Must agree to comply with the
Alternative Program requirements
•
Must exceed API targets every year
•
Are subject to the same termination
procedures
E.
Program requirements
1.
For each funded school, district must
oversee and assure:
a.
Academic review, including elements
from School Assistance and Intervention Team (SAIT) review process
b.
School administrators have exemplary
qualifications and provide professional development
c.
Fiscal and evaluation data required for
the annual reviews
d.
Consultation with union representatives
1)
Focus on conditions that improve
instruction and achievement
2)
Recognize that program requirements
must be met to continue to receive funds
e.
Public hearing on the proposed program
f.
QEIA funding is spent on the QEIA
school (although 2007-08 funding may be spent on facilities)
g.
Teacher experience levels are met and
professional development is provided
2.
Teachers must participate in
professional development created collaboratively and averaging 40 hours per
teacher annually.
3.
Teaching experience at QEIA school must
exceed the district average for that school level during the first three years
and equal it in the fourth year.
4.
A Teacher Experience Index (TEI) is
being developed.
F.
Application Process
1.
Funding is available for approximately
30% of the 1,500 eligible schools in the state.
2.
Districts must rank their eligible
schools by priority order.
3.
Schools will be selected via a lottery
drawn from the applications submitted.
Schools selected to
participate in the program will receive each year for years 2 to 7 of the grant
$500 per student in grades K-3, $900 per student in grades 4-8, and $1,000 per
student in grades 9-12.
Public hearing
Eberhart opened the public hearing at 9:22 p.m. Mike Noce, MDEA, said
the whole idea of the QEIA program is to produce models that work, to create
change in schools, and at the end of seven years to show legislators that with
proper funding students can succeed. With no other requests to speak, Eberhart
closed the public hearing.
Board/staff comments
Treece said that as a member of a Board that had to cut $14 million over
three years, she is distressed to hear that state money initially intended for
all public schools is being returned to a few schools via a lottery determined
by officials in Sacramento. She asked if the Board has any discretion. Glover
said that the District must meet QEIA requirements to reduce class size but
does have options regarding other strategies. He said participating schools
should receive 60 percent of the funds for the 07-08 school year and then full
funding for each of six subsequent years. There is some flexibility with the
funding in the first year. District staff are beginning conversations with the
site councils at the eligible schools before submitting the District’s application.
The Single Plan for Student Achievement will be the key document for driving
the program. Bylund noted that staff at all the eligible schools have been
deeply involved in plans and activities for improving student achievement. In
response to Strange, Glover said the particulars of the lottery have not yet
been determined. Eberhart asked a number of detailed questions and noted that
the lottery component means that no district schools may end up receiving funds
from this grant.
9.6 Award
of Bid 1444
Allen moved, Treece seconded, and the
Board voted 5-0-0 to award Bid 1444 in the amount of $7,235,400 to Taber
Construction to remove existing mechanical systems and provide heating,
ventilation, and air conditioning (HVAC) at Cambridge Elementary and at
9.7 Award
of Bid 1445
Strange moved, Allen seconded, and
the Board voted 5-0-0 to award Bid 1445 in the amount of $5,300,000 to BRCO
Constructors, Inc., to remove existing mechanical systems and provide heating,
ventilation, and air conditioning (HVAC) at Meadow Homes Elementary and at
Glenbrook and Riverview middle schools. Funding Source: Proposition 55
9.8 Overview of Student Information
System Cost
On January 23, the Board of Education
approved the award of bid to Eagle Software to purchase software for the new
Student Information System. At that time the Board was shown all the associated
cost and funding sources for the software, hardware, training, and personnel
necessary to implement the system. At this time a review of the project was
presented as information only. No action was required.
9.9 Approval of Contract – Eagle
Software
Mayo moved, Treece seconded, and the
Board voted to approve a contract with Eagle Software. The Board approved the
award of bid on January 23, 2007, contingent on a contract agreement. Fiscal
Impact: First year - $568,350 Funding Source: Mandated Cost Reimbursement (Unrestricted
General Fund)
9.10 Award of Request for Proposal 1454
Staff report
Board action
Treece moved, Allen seconded, and the Board voted 5-0-0 to approve a
$700,000 contract with Spectrum K12 School Solutions for Encore!, a Special
Education Software System. Funding Source:
Mandated Cost Reimbursement (Unrestricted General Fund)
Board comment
Treece, noting that she participated on the District Technology
Committee, applauded the superintendent and his staff for moving forward on
both a general Student Information System and the Special Education component
at the same time. She said it was ”a complicated process but one that allows
the District to serve all students.”
McHenry acknowledged the work of Technical Information Services
directors Jim Morrison and
9.11 Special Education Information
System – Associated Cost
Mayo moved, Allen seconded, and the
Board voted 5-0-0 to approve the associated costs necessary to support
implementation of the Encore! Special Education software system. A
representative committee of District Special Education employees created a
detailed list of specifications and thoroughly reviewed available alternatives
for the system before recommending the Encore! Special Education Information
System by Spectrum K12 Software. Fiscal Impact:
None in 2006-07; $316,504 in 2007-08 through 2010-11. Funding
Source: Mandated Cost (Unrestricted
General Fund)
9.12 Resolutions
of Dedication of Easements
Pursuant to Education
Code Section 17556 regarding dedication of easements to any public entity, the
Board of Education on February 13, 2007, approved the Resolutions of Intent to
Dedicate Easements to the Contra Costa Water District, the City of Concord, and
Central Contra Costa Sanitary District properties.
Public hearing/Board
action Eberhart opened the public hearing at 10:13
p.m. With no requests to speak, he closed the hearing. Allen then moved,
Strange seconded, and the Board voted 5-0-0 to adopt the following resolutions:
Resolution 06/07-74
Resolution
06/07-75 Valle Verde Elementary
Resolution
06/07-76 Walnut Acres Elementary
Resolution
06/07-77
Resolution
06/07-78 Strandwood Elementary
Resolution
06/07-79
Resolution
06/07-80 Wren Avenue Elementary
Resolution
06/07-81
Resolution
06/07-82 Sequoia Middle
Resolution
06/07-83 Sequoia Middle
Resolution
06/07-84 Sequoia Middle
9.13 Consider
Approval of the Budget Advisory Committee Members
On November 27, 2006, the Board
approved the creation of a 25-member Budget Advisory Committee. Its purpose is
to:
·
understand
the budget development process
·
discover
how the budget is the reflection of the district’s educational programs
·
articulate
the components of the district’s budget to constituents
·
provide
input on budget enhancements and reductions
On
December 12 the Superintendent presented a plan to the Board for membership,
purpose and timeline. Since then, individuals have been invited to be representatives
on the committee.
Board action Strange moved, Mayo
seconded, and the Board voted 5-0-0 to approve the nominees to date for the
Budget Advisory Committee:
|
representative |
# |
nominated by: member
name |
|
District parents/Community |
5 |
Allen:................................................................................. Michele
Parisi |
|
Employee bargaining groups/associations |
7 |
CSEA:......................................................................................................... |
|
One business representative from each major
municipality in the District: |
6 |
Bay
Point/Pittsburg: .................................................... Joseph
Daynes |
|
One representative from each District
committee: |
6 |
Community
Advisory (CAC):............................................ Sherry
Doyle English
Language Advisory (ELAC): ................................................... Gifted
and Talented Advisory (GATE):........................... Bart
Krasner Measure
A Oversight: .................................................... John
Ferrante Measure
C Oversight:.................................................... Rick
Calloway Superintendent’s
Parent Advisory (PAC):...................... Karen
Barta |
|
Chief Financial Officer |
1 |
Gloria Gamblin |
|
Total |
25 |
|
9.14 Upgrade of Trades Supervisor Position
Mayo moved, Treece
seconded, and the Board voted 5-0-0 to upgrade the Trades Supervisor position
from Range 6 to 7 on the Management Salary Schedule to reflect its current
requisite fiscal/administrative responsibilities, span of supervision,
consequence of error, and decision making authority. Fiscal impact: An increase
of $7,778 for the position. Funding Source:
Routine Restricted Maintenance Fund
9.15 Opportunity for Public Response to
California School Employees Association (CSEA) and the Board’s Successor
Agreement Initial Proposal and Approval of the Board’s Successor Agreement
Initial Proposal
At the February 13,
2007 meeting, California School Employees Association (CSEA) and the Board’s
Successor Agreement proposals were publicly presented. They were presented for
public response at this time. No requests to speak were submitted.
Mayo moved, Allen seconded,
and the Board voted 5-0-0 to approve the Board’s Successor Agreement initial
proposal to the California School Employees Association (CSEA)
9.16
At the February 13
meeting, the Mt. Diablo Education Association (MDEA) proposal was publicly
presented. At this time it was presented for public response.
Public hearing
Eberhart opened the public hearing at 10:20 p.m. Debbie Birnbaum, Sun Terrace
teacher, expressed dismay that earlier in the meeting, as McHenry and Nicoll
were starting their report on District needs, an argument arose just outside
the meeting room over Eberhart’s decision to move that report up on the agenda.
She said teachers had come to the meeting “to give support, not to speak,” but
some became upset when the agenda was changed. She urged everyone to try to
work together. With no other requests to speak, Eberhart closed the public
hearing.
9.17 Adoption of Updated Creative
Interiors Course of Study
Treece moved, Mayo
seconded, and the Board voted 5-0-0 to adopt the updated 1990 Creative
Interiors course of study to align it better with the Elements and Principles
of Design Curriculum developed by the state Department of Education. A
Curriculum Specialist worked with a Concord High teacher on the update.
Presented as information at the February 13 Board meeting, this item was
returned for action at this time.
10. BOARD REPORTS
This item is here for the Board of
Education to discuss any issues of concern.
10.1 Committee
Minutes: None
10.2 Board
Reports
Allen announced that the Concord Chamber of Commerce’s
Chocolate Festival is March 11. Its BEST Day was held last week with 47
teachers and a corresponding number of business representatives participating.
He thanked April Treece and Joanne Durkee for helping to organize that event.
He reported as a member of Citizens Advisory Committee for the Concord Naval
Weapons Station Reuse Plan that the property has still not been transferred to
the city. An informational open house on the project will be held on Saturday,
March 17, from 10 a.m. to 1 p.m. at the
Mayo said she recently visited several elementary schools
and saw teachers and students enjoying new classrooms. She enjoyed the 32nd
PTA Founders Day dinner, BEST Day, and the Black Families Association dinner.
She announced that Clayton Valley High, Ygnacio Valley High, and Horizons Home
Study all have upcoming WASC visits and that the District science fair is
coming up.
Treece reported on the Concord Chamber of Commerce’s
Business and Educators Shadowing Together (BEST) Day and thanked Joanne Durkee
for organizing it. She called it a “powerful experience for business people and
educators to see how each other works.”
Eberhart encouraged everyone to attend the Concord Chamber
of Commerce’s Chocolate Festival, which he called “great fun.” He also attended
the Black Families Association dinner and was very impressed with McHenry’s
speech. He also attended
10.3 Issues
of Concern: None
11. ADJOURNMENT Eberhart adjourned the meeting at 10:37 p.m.