MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – April 24, 2007

 

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

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

Student Representatives:  Vishal Lugani, Northgate (voting); Lexie Peters, College Park; Courtney Runyon, Concord; Alexandra Echeverria, Mt. Diablo; Chris Acevedo and Ronald Cardenas, Olympic; David Cranmer Ygnacio Valley

 

1.             CALL TO ORDER

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

 

PUBLIC COMMENT:  None

 

CLOSED SESSION:  The Board adjourned to Closed Session at 6:01 p.m. in Room 6 of the Dent Center. Topics discussed included four expulsion cases; existing litigation (Gonzales v. MDUSD and Van Every); negotiations; and Superintendent’s Evaluation.

 

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

 

                Expulsion

                Student 49-07: Strange moved, Mayo seconded, and the Board voted 5-0-0 that Student 49-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 49-07 may apply for readmission after January 25, 2008.  It is required that Student 49-07 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 50-07:  Allen moved, Treece seconded, and the Board voted 5-0-0 that Student 50-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 49-07 may apply for readmission after January 25, 2008.  It is required that Student 49-07 participate in individual counseling, community service, the COPS program, the district’s Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

                Student 51-07:  Mayo moved, Allen seconded, and the Board voted 5-0-0 that Student 50-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 50-07 may apply for readmission after January 25, 2008.  It is required that Student 50-07 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 52-07:  Treece moved, Strange seconded, and the Board voted 5-0-0 that Student 52-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 52-06 may apply for readmission after January 25, 2008.  It is required that Student 52-07 participate in individual/family counseling to address individual decision making skills and anger management, community service, the COPSD program, and show evidence of a successful school experience with completion of 45 credits, prior to applying for readmission.

 

Eberhart reported the items discussed in Closed Session. No action was taken.

 

3.             CONSENT AGENDA

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

 

3.1          Minutes of the meeting of March 27, 2007.

 

3.2          Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3          Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.4          Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of March 2007

 

3.5          Fiscal Transactions for March 2007

 

3.6          Independent Audit Contract

Approved the third year, July 1, 2007, to June 30, 2008, of a four-year agreement with Perry Smith LLP for audit services. 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

 

3.7          Organic Garden Grant – Mt. Diablo High

Approved Mt. Diablo High’s request to submit an application to Kaiser-Permanente and the Contra Costa Farmers Market for a $5,000 grant to expand the organic garden at the school. There is no impact to the General Fund. Funding Source:  Organic Garden Grant

 

3.8          Change Order Request for Bid 1413

Change order in the amount of $12,191.11 to Folger Graphics for printing and mailing the 2006-2007 Adult Education class schedules for Loma Vista Adult Center. Funding Source:  Adult Education

 

3.9          Intermediate Change Order #1, Bid No. 1450, Contract C-847 – Renovation to Willow Creek Center

Intermediate change order in the amount of $668,465 to Kel-Tech Builders, Inc. for all work associated with the remodel of a section of the Willow Creek Center to accommodate the Diablo Day School Program. Funding Source:  Proposition 55 funds

 

4.             RECOGNITIONS

McHenry announced that on Saturday, April 21, ACSA Region VI honored Rose Lock its Elementary Principal of the Year and Laurie Clark its Co-Administrator of the Year. Both were nominated by the Diablo Managers Association (DMA), the local chapter. A member of the audience announced that DMA also selected Melinda Hall as Special Education Administrator of the Year and Gary McHenry as Central Office Administrator of the Year.

 

5.             PUBLIC COMMENT

Sheila Hill, parent, noted that Earth Day was celebrated last weekend and spoke of the growing awareness of global warming. She shared her dream that ordinary people can change the world. Reporting that students at schools throughout District are forming Green Clubs and Earth Clubs, she said the best course of action is to recycle, both at home and at school and asked the Board to make it a policy that students be “stewards of the environment.” Fifth graders Michael Porep and Dyylan Hill read essays they had written on global warming.

 

Tina Gregory, community member, implored the Board to come to the bargaining table willing to compensate all employees “accordingly and adequately” to keep and attract the best teachers and support staff.

 

6.             COMMUNICATIONS

        6.1          Student Representatives

Lexie Peters, College Park, Courtney Runyon, Concord, Alexandra Echeverria, Mt. Diablo, Vishal Lugani, Northgate, Chris Acevedo and Ronald Cardenas, Olympic, and David Cranmer, Ygnacio Valley, reported on events, activities, and issues at their respective high schools.

                           

6.2          Organizations: None

 

7.             REPORTS/INFORMATION - None

 

8.                   SUPERINTENDENT'S REPORT

McHenry reported that STAR testing began at all schools this week. Commenting that there are less than eight weeks before the end of school, he said it’s important for students, employees, administrators, and Board members to stay focused.

 

9.             BUSINESS

        9.1          Resolution 06/07-98 – Day of the Teacher, May 9, 2007

Mayo moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 06/07-98, designating Wednesday, May 9, as National Teacher Day, acknowledging the lifelong influence that teachers can have on the lives of our children, and expressing appreciation for the creativity, dedication and talent of teachers in the Mt. Diablo Unified School District.

 

        9.2          Resolution 06/07-97 Asian Pacific Heritage Month – May 2007

Strange moved, Allen seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 06/07-97, supporting the California Department of Education’s designation of May as Asian Pacific Heritage Month and recognizing the many contributions made by the people from the Asian Pacific lands to the growth and development of California’s Heritage.

 

        9.3          Request to Revise the Job Title, Job Description, and Salary Range for Grant Writer

Allen moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, yes) to change the job title of Grant Writer to Director of Development and place this classification at Range 29 of the management salary schedule. Fiscal impact: $2,936 increase to the expenditure budget of the General Fund. Presented as information at the April 17 meeting, this item was returned for action at this time.

 

        9.4          Request to Revise Job Description for Chief Accountant

Mayo moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, yes) to revise the job description for the Chief Accountant position to better describe its current duties and responsibilities. Fiscal impact: None. Presented as information at the April 17 meeting, this item was returned for action at this time.

 

        9.5          Resolution 06/07-99 Urgency Resolution Imposing Level I School Facilities Fees

Treece moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 06/07-99, extending the Urgency Resolution Imposing Level I School Facilities Fees that the Board adopted on March 13, 2007. An Urgency Resolution expires after 30 days, but may be continued. To do so, the Board had to consider extending the resolution on March 27 and on April 24, 2007. On May 12, the non-urgency resolution will be effective without any further action needed. The series of resolutions was necessary so that the current fee established by the State Allocation Board of $2.63 per square foot for residential development and $0.42 per square foot for commercial/industrial development could take effect immediately.

 

        9.6          Resolution 06/07-100 IRS 457 Plan

Allen moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 06/07, establishing an IRS 457 Deferred Compensation Plan and approving a 403(b)—457 Employer Agreement with Tax Deferred Services, Inc. Education Code 24975 allows the Board to establish one or more deferred compensation plans under Section 457 of the Internal Revenue Code. The employer shall enter into a written contractual arrangement with a third-party as administrator acting on behalf of the District, who will provide investment, recordkeeping, and administrative services for the Deferred Compensation Plan. There is no impact to the General Fund. In response to Mayo, Gamblin said the provider is audited by the Securities and Exchange Commission.

 

        9.7          Resolution 06/07-101 Relative to Elimination and Reduction of Classified Position

Treece moved, Allen seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 06/07-101, eliminating a 10-month, 6-hour/week Site Support Tech I position at Mountain View Elementary as of June 30, 2007, due to budgetary limitations. Fiscal Impact:   $10,426 savings to the Mountain View Elementary School Improvement Program budget.

 

Board comment   Eberhart expressed dismay that schools must cut tech support services when their grant money is reduced. In response to Allen, Bylund said a decrease in enrollment at Mountain View Elementary has resulted in a decrease in SIP funds for the site. Staff will need to call the District when tech support is needed. Also in response to Allen, McHenry said funding for the new Student Information System does include some district-level tech support. If one-time money becomes available, it may be used for more support for the sites.

 

        9.8          Adoption of the Elementary Science Materials and Textbooks

Treece moved, Allen seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt  the Macmillan/McGraw-Hill science program for Kindergarten through Grade 5: California Science. Presented as information at the April 17 meeting, this item was returned for action at this time.

 

        9.9          Adoption of the Middle School Science Materials and Textbooks

Mayo moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt the following science text and materials from Prentice Hall:

6th grade – California Focus on Earth Science

7th grade – California Focus on Life Science

8th grade – California Focus on Physical Science

                Presented as information at the April 17 meeting, this item was returned for action at this time.

 

      9.10              Adoption of High School Science Materials and Textbooks

Strange moved, Mayo seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt the following high school science texts and their publishers.

 

Course

Text

Publisher

Biology I

Biology (Miller-Levine)

Pearson/Prentice Hall

Biology AP

Advanced Placement Biology

Pearson/Prentice Hall

Chemistry I

Chemistry:  Matter and Change

Glencoe Publishing Co.

Chemistry I Honors

Chemistry (7th ed.)

Houghton Mifflin

Earth Science I

Earth Science

Pearson/Prentice Hall

Earth Science II

Earth Science

McDougal Littell

Environmental Science

Environmental Science

Holt, Rinehart, and Winston

Environmental Science AP

Living in the Environment

Thomson Learning

 

General Physical Science

 

Physical Science with Earth and Space Science

 

Pearson/Prentice Hall

Healthy Living

Health

Pearson/Prentice Hall

Healthy Living

Reducing the Risk (supplement)

E.T.R. Associates

Introduction to Biology

Biology:  Cycles of Life

AGS Publishing

Marine Biology

Marine Biology

Thomson Learning

Physics

Conceptual Physics

Pearson/Prentice Hall

Physics Honors

College Physics

Thomson Learning

Physiology

Essentials of Human Anatomy and Physiology

Pearson/Prentice Hall

Zoology

Zoology

McGraw-Hill/Glencoe

Foods

Guide to Good Food

Goodheart/Wilcox Publishing

 

                Presented as information at the April 17 meeting, this item was returned for action at this time.

 

Board comment    Treece said she would like to hear from the District’s Health Education Committee in regard to its recommendations for implementing the health curriculum at the middle and high schools.

 

            9.11        Course Title Change – Biology Honors (AP) to Biology Advanced Placement (AP)

Treece moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to change the title of the course for Biology Honors (AP) to Biology Advanced Placement (AP). This decision is a result of work done recently with the AP audit. Presented as information at the April 17 meeting, this item was returned for action at this time.

 

            9.12        Course Title Change – General Life Science to Introduction to Biology

Mayo moved, Allen seconded, and the Board voted 5-0-0 (Student Rep, yes) to change the title of the course called General Life Science to Introduction to Biology. The new title reflects the intent of the course and might encourage more students to continue their studies in the sciences. Presented as information at the April 17 meeting, this item was returned for action at this time.

 

Board comment    In response to Treece, McHenry said this course is not on the University of California’s A-to-G list as it is a new course and has not been submitted to U.C. for inclusion on the list. Also in response to Treece, Curriculum and Instruction Director Vivian Boyd said this course is to be a support to students who will benefit from some “pre-teaching” before they take Biology. It does count toward high school graduation requirements. Eberhart asked for the number of students who go on to science classes that qualify for California State University and U.C. requirements after taking a general life science class. Board members expressed concern about courses that are not designated as college prep. Among their questions: Are expectations for students lowered if they are not required to take college prep classes? Should introductory classes be available for students who are not ready for a higher level class? Eberhart and Treece said they would like to have a discussion on this issue that includes staff, teachers, students, and parents.

 

          8:54 p.m. Student Rep excused

 

            9.13        Revision to Administrative Rule 4313.3 Personnel Work Year and Vacation Accrual

The 2005-06 Audit of the Mt. Diablo Unified School District recommended changes to district procedures regarding the accumulation of excess vacation by employees. Currently there is no limit on the amount of vacation that an employee may accrue. Employees who have unused vacation are compensated at the time of separation from the school district. In aggregate, such employees create an unfunded financial obligation of $3.8 million for the school district. The proposed change limits the carryover of vacation to 48 days. Presented as information only at this time, this item will be returned for action at a subsequent Board meeting.

 

                Board comment   Allen asked to know how each employee bargaining unit accrues vacation.

 

            9.14        Revision to Board Policy 2310 and Board Bylaw 9270 – Conflict of Interest

California law requires public employees to disclose potential conflicts of interest between their personal business activities and their responsibility for managing public funds. The proposed revision lists the job positions that must now be included in this requirement. Presented as information only at this time, this item will be returned for action at a subsequent Board meeting.

 

            9.15        Approval of School Site Discretionary Block Grants Budget Plans for 2006-2007

Treece moved, Strange seconded, and the Board voted 5-0-0 to approve the Discretionary Site Block Grant Expenditure Plans for Northgate High and the Adult Education Program. Fiscal Impact:  $93,000 for Northgate; $130,000 for Adult Ed.   Funding Source:  Site and District Discretionary Block Grants

 

            9.16        Naming of Park Next to Delta View Elementary – Officer Larry Lasater Park

Strange moved, Mayo seconded, and the Board voted 5-0-0 to approve the City of Pittsburg’s naming the neighborhood park adjacent to the Delta View Elementary School for Pittsburg Police Officer Larry Lasater, who was killed in the line of duty.

 

10.          BOARD REPORTS

Mayo thanked Strange for attending the 68th annual PTA Founders’ Day event at Pleasant Hill Elementary School. She attended the ACSA Region IV awards ceremony where Rose Lock and Laurie Clark received regional awards and Melinda Hall and Gary McHenry received chapter awards (as announced earlier in this meeting) and a recent EdSource conference. She announced that the California State PTA held a ribbon-cutting earlier today at its new office in Sacramento and the Education Coalition held a meeting there this afternoon. She has accepted an invitation to attend the California Distinguished School ceremony in Anaheim on May 18, noting that two of the schools (Sequoia Middle and College Park High) are in Pleasant Hill.

 

Strange said he enjoyed the “inspiring” Pleasant Hill Elementary School Founders’ Day event, which honored Linda Mayo as a former president. He also attended the school’s auction, where he enjoyed talking with teachers and parents.

 

Allen reported that he, too, attended the ACSA Region VI recognition dinner along with about 50 people from MDUSD. As a member of the Community Advisory Committee for the Concord Naval Weapons Station Reuse Project, he attended the latest community meeting in Concord for the public to hear and comment about possible plans for the property. The committee will meet with the Concord City Council in August. Transportation has been identified as a major issue.

 

Treece announced countywide activities impacting MDUSD. She said the Contra Costa Council’s Workforce Development Education Task Force is looking at the “changing face of Contra Costa” in terms of business and jobs and the skills needed for those jobs. Staff from the Mt. Diablo Adult Education program are very active in the conversations. The task force is looking at recent reports addressing “adequacy in school funding” and the impact of English language learners on the workforce. She said that California industry is focusing on the growing diversity in the workforce and ways that teachers can prepare students for the new economy in the state and county. She also reported that the Contra Costa Partnership has just funded a study on GASB 45 (regarding retirement funding) and its impact on public services and school districts and, consequently, on economic development in the county. She announced that State Superintendent of Public Instruction Jack O’Connell will be speaking to the Contra Costa Council this Friday on the importance of students being both college-ready and work-ready when they leave high school.

 

Eberhart reminded the public that tomorrow is “Administrative Assistants Day” and encouraged everyone to support the people in these valuable positions.

 

11.          ADJOURNMENT  Eberhart adjourned the meeting at 11:00 p.m.

 

 

 

                                                               

Gary McHenry, Secretary