MT. DIABLO UNIFIED
BOARD
MEETING – May 8. 2007
ATTENDANCE: Board: Gary Eberhart (6:10 p.m.), April Treece,
Administrative Staff: Superintendent
Vice
President Treece called the meeting to order at 6:00 p.m. in the Board Room at
the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed Session at 6:01 p.m. in Room 6
of the
2. RECONVENE OPEN SESSION: The Board returned
to Open Session in the Board Room at 7:38 p.m.
President Eberhart led the Pledge of Allegiance.
Expulsions:
Student
53-07: Allen moved, Mayo seconded, and
the Board voted 5-0-0 that Student 53-07 be expelled from all schools and
programs of the
Student
54-07: Mayo moved, Treece seconded, and
the Board voted 5-0-0 that Student 54-07 be expelled from all schools and
programs of the
Student
55-07: Strange moved, Allen seconded,
and the Board voted 5-0-0 that Student 55-07 be expelled from all schools and
programs of the
Student
56-07: Allen moved, Treece seconded, and
the Board voted 5-0-0 that Student 56-07 be expelled from all schools and
programs of the
Student
57-07: Mayo moved, Treece seconded, and
the Board voted 5-0-0 that Student 57-07 be expelled from all schools and
programs of the
3. CONSENT AGENDA
Treece moved, Mayo seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following items:
3.1 Minutes
of the meeting of April 17, 2007.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Memorandum of Understanding (MOU) between Santa Clara
County Office of Education and Mt. Diablo Unified School District to Provide SB
472 English Language Arts Training to Middle School and High School English
Language Arts Teachers
Approved an MOU for the Santa Clara County Office of
Education to provide 5 days (from June 17 through June 22, 2007) of
reading/language arts professional development training to English/Language
Arts middle and high school teachers. Fiscal Impact: $30,000
Funding Source: SB 472 funding
3.2.3 Memorandum of Understanding (MOU) with Project
Pipeline for the Term of May 9, 2007, through June 30, 2010
Approved a five-year agreement for Project Pipeline to
provide an internship program for District teachers. Fiscal impact: There is no
impact to the General Fund.
3.2.4 Teacher Education Fieldwork and Student Teaching
Agreement with
Approved an agreement with
3.2.5 Recommendation for Preliminary
or Professional Clear Teaching Credential
Recommended William Gregory for a Preliminary Teaching
Credential as he has completed a two-year District Intern Program, pursuant to
California Education Code 44328.
3.2.6 Resolution 06/07-102
Provisional Internship Permit (PIP) Request
Adopted Resolution #06/07-102, authorizing Jennifer Haney to
apply for a Provisional Internship Permit to complete her assignment for the
2006-07 and the 2007-08 school years.
3.2.7 Resolution 06/07-104 Education
Code 44258.2 – Board Authorization
Adopted Resolution #06/07-104, authorizing Eleanor Bunt, 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 2006-07 and the 2007-08 school years.
3.2.8 Resolution 06/07-105 Education
Code 44258.3 – Board Authorization
Adopted Resolution #06/07-105, authorizing Roy Cuizon, who
holds a California teaching credential, to teach departmentalized classes in
grades K-12 in 2006-07 and 2007-08 irrespective of the designation on his
teaching credential because his competence has been verified according to
policies and procedures established by the Governing Board consistent with the
language of Education Code 44258.3.
3.2.9 Reduction of (.2) Full-Time
Equivalent Position (FTE) for the 2006-2007 School Year
Reduced a 0.2 vacant full-time equivalent teaching position
in the Careers in
3.2.10 Reduction of (2.5) Full-Time
Equivalent Position (FTE) for the 2006-2007 School Year
Reduced 2.5 vacant full-time equivalent teaching positions
in the Horizons Home Study and Center for Independent Study programs, resulting
in a $150,550 decrease in the expenditure budget of the General Fund. Funding
Source: TCHRALT Program 0062 ($120,440);
TCHRCIS Program 0061 ($30,110)
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Increase in Hours for Campus
Supervisor Position at Mt. Diablo High
Increased an existing school-day-only Campus Supervisor I
position at
3.3.3 Request to Add Eight Hours per Week to an Existing
Vacant Site Technology Support II Position
Added 8 hours per week to an existing vacant Site Technology
Support II position at
3.4 Adult
Education WorkAbility II Application 2007-2008
Approved Mt. Diablo Adult Education’s request to renew its
$84,769 contract with the Department of Rehabilitation to continue the
WorkAbility Program. There is no impact to the General Fund. Adult Education
will provide $24,680 as a cash match through the existing budget.
3.5 Award
of Bids
3.5.1 Award of Bid 1464 in the amount of $267,224 to H.Y. Floor and Gameline
Painting, Inc., to replace the gym floor and bleachers at
3.5.2 Award of Bid 1467 in the amount of $862,120 to Kel-Tec builders, Inc.,
to renovate classrooms ($679,920) and develop a new parking lot ($182,200) at
3.6 Award
of Inspector of Record (Project Inspector) Contract
Awarded contract not to exceed $24,000 to Alisha R. Jensen
for state-certified Inspector of Record services to support renovation of
classrooms for the Bridge Program at
3.7 Award
of Professional Services Contract
Awarded contract not to exceed $27,500 to Florin Vlasache
and Associates to design a replacement intercom/clock system at
3.8 Amendment
No. 7 to Contract with Nacht and Lewis Architects
Approved Amendment No. 7 to the contract with Nacht and
Lewis Architects for architectural/engineering services for the construction
program funded by Measure C and the heating, ventilating, and air conditioning
improvement plan funded by Proposition 55. Amendment increases the contract by
$14,400 for design services associated with the fire alarm system in interim
housing units at sites where air conditioning is being installed. Funding
source: Proposition 55
4. RECOGNITIONS
4.1 Intel-affiliated
Contra Costa Science and Engineering Fair Winners
The Board congratulated and President Eberhart presented
certificates of appreciation to students who received awards at the
Intel-affiliated Contra Costa Science and Engineering Fair and to the teachers
and industry partners who supported the activity. Student winners:
·
Lauren
D’Agostino,
·
Victoria
Lohman,
·
Jamie
Rodemsky,
·
Georgia
Barnes,
·
Elise
Harmenzon,
·
Katie
Williams,
·
Namitha
Patil,
·
Leticia
DeBrito,
·
Kathryn
Burton,
·
Alicia
Terwilliger,
·
Tiffany
Ng,
·
Ashley
Poston,
·
Arash
Bahramnia,
·
Jacob
Baldree,
·
Sarah
Fernandes,
·
Sonia
Fracasso,
·
Deanna
Partida,
·
Junxing
(Cici) Chen,
·
John
Rydel,
·
Nick
Winfield,
Teachers:
·
Karen
Kelly,
·
Bea
Moore,
·
Frank
Redle,
Industry Partners:
·
Bio-Rad
·
Chevron
·
Dow
·
John
Muir Health
·
JGI
Board comment Eberhart said the
science fair is a good example of students, teachers, parents, and industry
partners getting together to help students decide what they want to do in their
lives. Such collective support is a huge benefit to students.
4.2 Association
of
Diablo
Managers Association President Bob Dodson announced that ACSA Region VI named
Rose Lock of Walnut Acres its Elementary Principal of the Year and Laurie
Clark, Vice Principal of Olympic High, its Co-Administrator of the Year. He
said the local DMA chapter also honored Director of Special Education
5. PUBLIC COMMENT
David Cantando, general manager of the Hilton Concord, asked
the Board to endorse “The Second Annual Day at the Races on the Iron Horse
Trail” to be held on Saturday, October 27, to raise money for literacy programs
in Contra Costa County. In addition to the Hilton, sponsors include the Concord
Rotary Club, the Central Contra Costa Literacy Coalition, and the Monument
Community Partnership. George Wallace,
6. COMMUNICATIONS -
None
7. REPORTS/INFORMATION
Health Education Task
Force Recommendations
Vivian Boyd, curriculum and instruction director, reported
on a study done by a District Health Education Task Force, which the Board
established in response to new Education Code requirements for HIV/AIDS
awareness education that took effect in 2004.
Board comment April Treece said
she’d asked for the report because she couldn’t remember the Board’s mandating
a 9th grade semester course in health education and wanted the Board
to have a dialogue. Mayo said she recalls the Board having several discussions
as well as hearing teachers’ concerns about fitting this course into a schedule
that must include other science classes. In response to Mayo, Boyd said that
students who do not take the health course will get the topics required by the
requirements in other courses, such as biology and life science courses.
McHenry said the topics are embedded in the 7th grade science text;
Boyd said the topics are embedded in the biology text and teachers are
receiving training. Eberhart expressed concern about the required curriculum
and asked if the District is consistently meeting the mandates. He said he
wants assurance that the District is providing a consistent curriculum that’s
getting to all students, as required by law. He called the credentialing
requirements that allow a P.E. teacher to teach the health class “abstract and
bizarre.” Boyd agreed, but added that the teacher would have taken supplemental
course work in order to teach the class.
8.
SUPERINTENDENT'S REPORT
McHenry announced that tomorrow, May 9, is Day of Teacher
and invited all teachers and other certificated employees to attend a reception
being held for them at Centre Concord from 4 to 6 p.m. He also announced that
the District Retirement Reception will be held on May 15 and the annual
Classi-Caper to recognize classified employees is scheduled for May 24. He said
the events are intended to recognize all employees for all of the hard work
they do for students in the
9. BUSINESS
9.1 Resolution
06/07-103 – Classified School Employees’ Week, May 21-25, 2007
Treece moved, Mayo seconded, and the
Board voted 5-0-0 to adopt Resolution 06/07-103, recognizing and honoring
classified school employees for their contribution to quality education in the
State of
9.2 Resolution
06/07-106 In Support of AB 333 –School Library Online Databases
Strange moved, Treece seconded, and
the Board voted 5-0-0 to adopt Resolution 06/07-106, supporting Assembly Bill
333, which would establish a mechanism for
9.3 Report on Physical Education Teachers Incentive Program
Grant and Request for Funding – California Department of Education
Treece moved, Allen seconded, and the Board voted 5-0-0 to
approve staff’s request to submit an application for a $1,049,997 grant from
the state’s Physical Education Teachers Incentive Program to hire certificated
P.E. specialists. Funding Source: California
Department of Education
9.4 Report
on Energy Conservation Project—Phase 1 and Presentation of Phase 2
McHenry reported that on April 11,
2006, the Board approved an Energy Conservation/Services Agreement with Cal
Air. He said Phase 1 has been successful and staff recommends that the Board consider
an expanded scope of work. The cost of Phase 2 will be covered by energy
savings, rebates, and waste disposal savings that are guaranteed by Cal Air.
Report
Sarah Montgomery of Cal Air presented a report on the projects
accomplished during Phase 1 and those planned for Phase 2.
Board comment In response to Mayo, Cal Air’s Tim Clark
said work will not be done at the sites that are getting new air conditioning
systems. He also said the trash compactors can be moved from one site to
another. Strange, who serves on the Board’s Facilities Subcommittee, said the
project “makes all the sense in the world.” He is hopeful that more
opportunities for energy savings will be identified in the future. Allen
requested a copy of the presentation.
Staff comment
Nicoll said that on May 22 staff will bring rebate checks to the Board
as well as a request to proceed with Phase 2.
9.5 Determination
of Project for a Project Labor Agreement (PLA)
Staff report McHenry reported
that on March 28, 2006, the Board approved a construction project using a
Project Labor Agreement. That project has now been completed successfully. At
this time the Board is being asked to consider moving forward with a much
broader utilization of Project Labor Agreements so that a more comprehensive
study of their effectiveness can be evaluated. The action requested was for the
Board to direct staff to negotiate a Project Labor Agreement with the Building
Trades of Contra Costa County that will be one year in length and cover all construction
projects in the School District that reach an estimated threshold of $2
million.
Public comment John Parker, parent
and member of the Measure C Oversight Committee, reiterated his opinion that
Project Labor Agreements “are completely unnecessary in our District.” He said
a PLA reduces competition in the bid pool. Good contractors are not willing to
bid the work because of the PLA. He said the report on the pilot PLA project
called it neither successful nor unsuccessful, but rather “unremarkable.” Jeff
Apkarian, business agent for Local One, M&O, said the unit’s president and
membership strongly support the use of a PLA, building on the success of the
pilot project.
Board comment Strange said he
generally supports PLAs, but would like to discuss the $2 million threshold. He
suggested that two projects be run simultaneously, one with a PLA and one
without. Allen said the information on the pilot project did not provide
sufficient information about the validity of a PLA. He believes the best way to
decide if a PLA is best for the District is to use it for a full year and look
at it again. Treece said she is “very supportive of Project Labor Agreements
and the need to continue them with projects in Mt. Diablo Unified.” She agreed
that the pilot did not provide sufficient information to compare it with
non-PLA projects and voiced support for a further pilot rather than a full year
and the $2 million threshold. Mayo said the District has received quality work
from both union and non-union contractors, many of whom live in the District
and have children in the schools. She is supportive of the competitive process,
something that did not occur with the pilot. She is sorry there were not two
projects, one union and one non-union, moving along at the same time. Her
examination of Measure C classrooms shows little difference in the union and
non-union work. In response to Strange,
Board action Allen moved and
Strange seconded a motion to direct staff to negotiate a Project Labor
Agreement with the Building Trades of Contra Costa County that will be one year
in length and cover all construction projects in the School District that reach
an estimated threshold of $2 million.
Amendment: Allen moved, Strange seconded, and the Board voted 3-2-0 (Mayo,
Treece, no; motion passed) to amend the motion as follows: “to direct staff to
negotiate a Project Labor Agreement with the Building Trades of Contra Costa
County that will be one year in length and cover all construction
projects, with exceptions as approved by the Board of the Education, in
the School District that reach an estimated threshold of $2 million.
Board comment: Treece said she
would like to see a parallel project to the $10 million HVAC one for
comparison’s sake rather than consider each project as an exception on a
case-by-case basis. She agreed with Mayo on the value of ethical contractors,
but does not believe the “lowest responsible bidder” process necessarily
assures that value.
Amendment: Mayo moved to strike the $2
million threshold and add a $5 million one. Motion died for lack of a second.
Motion to table: Mayo moved to table the motion. Motion died for lack of a
second.
Amended Motion: The Board then
voted 4-1-0 (Mayo, no) to direct staff to negotiate a Project Labor Agreement
with the Building Trades of Contra Costa County that will be one year in length
and cover construction projects, with exceptions as approved by the Board of
the Education, in the School District that reach an estimated threshold of $2
million.
Board comment Allen explained
that he did not vote to table the motion because staff needs to move forward on
projects. Eberhart said staff are “top notch” and doing “great work for the
school district.” Though he would like to see most projects done under a PLA,
he encouraged staff to bring forward projects they believe do not make sense to
manage under a PLA. Allen asked that those recommendations be brought forward
with sufficient time for the Board to consider them. Nicoll responded, saying
staff will ask the Board at its next meeting to make an exception for Phase 2 of
the Energy Conservation project and to provide direction on the Olympic High
project. Remarking that it would have been easy to vote in support of the PLA.,
Mayo said, “I still believe there are ethical workers, both union and
non-union, in our district. We are slighting individuals in our community when
we indicate that they are not.” Noting that the Board has given PLAs a year to
be in effect, she recommended that in the year 2008-2009 the District be open
to competitive bids.
9.6 Revision
to Administrative Rule 4313.3 Personnel Work Year and Vacation Accrual
Strange moved, Allen seconded, and the Board voted 5-0-0 to
adopt revised Administrative Rule 4313.3, limiting the number of vacation days
an employee may carry over at the end of each calendar year to 48 days. The
2005-06 audit of the District had recommended changes to procedures regarding
the accumulation of excess vacation by employees. Previously, there was no
limit on the amount of vacation that an employee may accrue. Employees who had
unused vacation were compensated when they left their employment in the
district. In aggregate, this practice created an unfunded financial obligation
for the District. Presented as information at the April 24 meeting, this item
was returned for action at this time.
9.7 Revision
to Board Policy 2310 and Board Bylaw 9270 – Conflict of Interest
Mayo moved, Treece seconded, and the
Board voted 5-0-0 to adopt revised Board Policy 2310 and Board Bylaw 9270.
9.8 Adoption
of the Advanced Placement (AP) French Language Materials
High school French teachers and a
curriculum specialist reviewed and selected AP French Language Materials.
Presented only as information at this time, this item will be returned for
action at a future meeting.
9.9 Review
of Board Policy 5111 (Admissions) and Administrative Rule 5111.1, Residency
Verification
Staff report
McHenry reported that on February 28, 2006, the Board approved changes
to Board Policy 5111 and Administrative Rule 5111.1, which require students to
verify their residence in the District. The policy and rule were in place for
the 2006-07 school year. He said they were developed because enrollment at a
couple of District schools was impacted and it was necessary to verify that
students lived in the school’s attendance area. He explained that members of
the District English Language Learners Advisory Committee (DELAC) recently
voiced concerns about how the policy and rule are being implemented at the
school sites. Specifically, parents of poverty and English language learners
are having great difficulty with the required documentation for enrollment.
McHenry said he placed this item on the this meeting’s agenda to give parents
an opportunity to voice their concerns to the Board. He stressed that it is not
the District’s intent to make it difficult for parents to enroll their students
in school.
Public comment
Esther Toscano, DELAC president, said the policy and rule will keep some
English learner students from attending District schools because they must show
verification of “residency” rather than verification of “address.” She said
families are hearing that District staff are asking for documents they do not
have and going into homes to check on who lives there. Leanne Hamaji, a
District employee who is actively involved in residency verification, believes
the new rules are working quite well. She said Student Services Department
staff have procedures to handle all situations, including families with no
paperwork, and materials and employees are available to provide information in
Spanish. Sara Mendoza, parent and DELAC committee member, said the requirements
should be less stringent and the procedures should be consistently followed
from school to school, which they are not. Marun Maltez, vice president of
DELAC, said there is a common fear among families that the required documents
are purposely ones they do not have. He believes the District has created more
problems than it is trying to solve. Jerry Okendo, parent and head of the local
League of United Latin American Citizens (LULAC), said LULAC filed a complaint
when the District implemented the residency verification procedures last year
and will file another one at the end of this school year because there are
families who have been denied admission to school.
Board comment
In response to Allen, Browne explained that the Child Welfare and
Attendance (CWA) liaisons do go to residences to verify a student’s address and
talk to people in the home to determine who lives there. Allen said the comment
that the rules are not carried out consistently indicates a need for more staff
training. Treece noted that the Board approved the residency verification
policy with the intent of alleviating overcrowding at impacted schools. She
appreciates hearing from the DELAC members about the concerns and looks forward
to hearing some suggestions for change from the superintendent. Strange said
the District is trying to fix a problem while having the least impact on
families. He encouraged staff to work with people like Jerry Okendo to address
the concerns and assure that the implementation is consistent. Mayo said the
Board does not want any barriers to student enrollment throughout the District.
She suggested that the name and phone number of a District resource be printed
on the verification forms as well as language that says the information is
confidential. Eberhart said the procedures need to be consistent and the text
in the letters and materials needs to be inviting. He said, “The policy is
solid. It’s how we implement the policy we need to look at.” He invited anyone
who knows of a child who is not in school because of the residency issue to
call the District.
Board direction
There was consensus among the Board members to change the term
“residency verification” to “address verification.”
Public comment, continued
Eberhart noted that he had overlooked one card submitted for public
comment on this issue, so called on the speaker at this time. Isabel Lara,
Child Welfare and Attendance (CWA) liaison who serves the Bay Point schools,
said from her personal experience no one has been turned away as a result of
the residency verification. Last week about 50 percent of families who came to
register did not have the documentation listed, but none were turned away.
Staff is very flexible about the information that can be used. As to home
visits, the CWA’s intent is to help families and to find them resources. In
response to Allen, Lara said the CWAs meet monthly to review their casework and
procedures.
Superintendent comment
McHenry thanked the members of DELAC for bringing their concerns to him.
He has already directed staff to make changes in procedures to make it easier
for families to enroll their students. He said, “We are committed to getting
students enrolled in our schools. We put something in place that has had an
unintended consequence. And we will correct it.”
10. BOARD REPORTS
Mayo reported on the
Strange said he’d attended a number
of school auctions, where he had great conversations with parents and school
staff.
Allen reported on last night’s
Community Advisory Committee meeting, “which was as good as usual.” He said the
Board will soon be receiving the 300-page Local Plan for Student Achievement.
He attended Legislator Day in
Treece announced that she will be
attending events at
Eberhart said he appreciated hearing
other Board members’ activities, which point out all the opportunities there
are to interact with parents and staff at assorted events. He, too, has been
attending and enjoying school auctions.
11. ADJOURNMENT Eberhart adjourned the meeting at 10:45 p.m.