MT. DIABLO UNIFIED
BOARD
MEETING – May 22, 2007
ATTENDANCE: Board: Gary Eberhart,
Administrative Staff: Superintendent
Student Representatives:
Chris Acevedo and Ronald Cardenas, Olympic (voting); Hanna Kim and Lexie
Peters, College Park; Sarah Stringfellow, Concord; Alexandra Echeverria, Mt.
Diablo; Vishal Lugani, Northgate; David Cranmer Ygnacio Valley
The meeting was called to order by President Eberhart 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
Existing Litigation: Spieler v MDUSD
Strange moved,
Treece seconded, and the Board voted 5-0-0 to approve $200,000 in attorney’s
fees if an agreement is reached regarding the maintenance of fibar in school
playboxes.
Public Employee Discipline/Dismissal/Release/Complaint
Allen moved, Strange
seconded, and the Board voted 5-0-0 to approve staff’s recommendation to
dismiss classified employee #14163, effective May 11, 2007.
After holding a hearing at the employee’s request, the Board
voted 5-0-0 to approve staff’s recommendation to dismiss classified employee
#15924, effective April 30, 2007.
The Board voted 5-0-0 to approve the non-reelection of each
of the following certificated employees: #22137, #24490, and #24607.
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:45 p.m. Eberhart
led the Pledge of Allegiance to the Flag and reported the action taken in
Closed Session.
Expulsion
Student 58-07:
Treece moved, Mayo seconded, and the Board voted 5-0-0 that Student 58-07 be
expelled from all schools programs of the
Student 59-07: Strange moved, Mayo seconded, and the Board
voted 5-0-0 that Student 59-07 be expelled from all schools and programs of the
Student 60-07: Allen moved, Treece seconded, and the Board
voted 5-0-0 that Student 60-07 be expelled from all schools and programs of the
Student 61-07: Mayo moved, Treece seconded, and the Board
voted 5-0-0 that Student 61-07 be expelled from all schools and programs of the
Student 62-07: Treece moved, Mayo seconded, and the Board
voted 5-0-0 that Student 62-07 be expelled from all schools and programs of the
Eberhart reported the items discussed
and action taken in Closed Session.
3. CONSENT AGENDA
Strange moved, Mayo seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meeting of April 24, 2007.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Recommendation for Preliminary Single Subject:
Mathematics with English Learner Authorization
Recommended Bonnie Renghini for a Preliminary Teaching
Credential as she has completed a two-year District Intern Program, pursuant to
California Education Code 44328.
3.2.3 Recommendation for Preliminary
Single Subject: Biology with English Learner Authorization
Recommended Matthew Ryan for a Preliminary Teaching
Credential as he has completed a two-year District Intern Program, pursuant to
California Education Code 44328.
3.2.4 Recommendation for Professional Clear Education
Specialist Mild/Moderate Teaching Credential
Recommended Beverly Kuhl-Albert for a Professional Clear
Teaching Credential as she has completed a three-year District Intern Program,
pursuant to California Education Code 44328.
3.2.5 Recommendation for Professional Clear Education
Specialist: Mild/Moderate Teaching Credential with English Learner
Authorization (pending approval)
Recommended Juliet Laughlin for a Professional Clear
Teaching Credential as she has completed a three-year District Intern Program,
pursuant to California Education Code 44328.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Correction of a Site Technology Support Technician I
Position to a Site Technology Support II Position at
Approved correction of a part-time, 12 hour/week,
10-month/year Site Technology Support I position to a Site Technology Support
II position at
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of April 2007
3.5 Fiscal
Transactions for April 2007
3.6 Consider
Approval of Agreement between Mt. Diablo Unified School District and
Approved agreement with
3.7 Community-Based
English Tutoring Program (CBET)
Approved Mt. Diablo Adult Education’s request to submit an
application to the California Department of Education (CDE) for continued
participation in the Community-Based English Tutoring (CBET) Program in
2007-08. There is no impact to the General Fund or the Adult Education Fund. No
matching funds are required. Funding Source:
CBET Program Funds. CDE will allocate funds using a formula based on the
number of LEP pupils identified in the prior year’s Annual Language Census
Survey. The allocation for CBET services to MDUSD has ranged from $140,000 to
$187,000 depending on the census.
3.8 Award
of Design Services Contract for Architectural and Engineering Services for the
Replacement of Roofing Systems at Mt.
Awarded contract not to exceed $35,000 to VPRM Associates
for comprehensive design services related to the replacement of roofing systems
at
3.9 Contract
Amendment to ATI Architects for Architectural/Engineering Services for the
Measure C Construction Program
Approved amendment totaling $12,200 to the contract with ATI
Architects for architectural/engineering services for project in Groups I-V of
the Measure C Construction Program. Amendment is for modifications of
DSA-approved drawings and specifications for assorted projects at Strandwood
Elementary. Fiscal Funding Source:
Measure C
3.10 Contract
Amendment to PHd Architects for Classroom Renovations (Remodel at
Approved amendment totaling $31,654 to the contract with PHd
Architects for architectural and engineering services associated with the
renovation/remodel of three occupancies at
3.11 Contract
Amendment to Charles Ham for Architectural/Engineering Services for the Measure
C Program –
Approved amendment totaling $6,282.40 to the contract with
Charles Ham Associates for comprehensive design services related to the Measure
C modernization and new construction designated for the
4. RECOGNITIONS
4.1 Rotary
International Charters
Superintendent McHenry read lists of contributions,
including scholarships, to students and programs in the District by the four
local Rotary Clubs. On behalf of the Board, President Eberhart presented a
certificate of appreciation to Matt Chan, Rotary Club of Concord/Diablo; Steve
Lack, Rotary Club of Pleasant Hill; Louie LeLaurin, Clayton Valley/Concord Sunrise
Rotary Club; and Bruce Hall, Concord Rotary
4.2 Presentation
of Rebates from Phase 1 of the Energy Conservation Program
As a result of Phase 1 of the Energy Conservation Program,
the District qualified for rebates for equipment and energy use. Sarah
Montgomery of Cal Air presented President Eberhart with a check for $26,005 and
Wanda Brattee of PGE presented him with one for $51,402. Eberhart thanked them
and their companies and also the District staff who pushed for the energy
conservation program.
5. PUBLIC COMMENT
Alany Helmantoler, parent, announced that she is not
removing her daughter from
6. COMMUNICATIONS
6.1 Student
Representatives
Sarah Stringfellow, Concord High
(filling in for Courtney Runyon, who was attending her senior awards night);
Hanna Kim and Lexie
6.2 Organizations:
None
10. BOARD FORUM
This item is here for the Board of Education to discuss any
issues of concern. Eberhart explained that he was prompted by a teacher’s
e-mail to move the item from late to early in the meeting so the public can
hear about District and other events and activities that Board members attend.
10.1 Committee Minutes
10.2 Board Reports
Mayo said she enjoyed attending a variety of events: the
Teacher of the Year reception, meeting new and old friends among the District’s
teachers; the District Retirement Reception; the Adult Education employee
appreciation event; the Every 15 Minutes activity at Ygnacio Valley High; the
California Distinguished Schools state recognition ceremony and reception in
southern California (where Diablo View and Sequoia middle and College Park and
Northgate high were honored); the annual Millennium Mile race for 4th
and 5th graders; and the Safe and Drug-free Schools Task Force
meeting.
Strange reported on the events he attended: the dedication
of the park adjacent to Delta View Elementary, named for the late Pittsburg
Police Office Paul Lasater; the District Retirement Reception; the Mt. Diablo
Alternative Education Foundation committee meeting, where scholarship
recipients were selected; the Northgate Coordinating Council, comprised of
parents and staff from schools in the Northgate feeder pattern area; the
Concord Chamber of Commerce’s Ethics Day at Mt. Diablo High; a Board-sponsored
reception to honor the leadership of the District’s employee unions and
associations; and a softball tournament to raise funds for the Mt. Diablo
Alternative Education Foundation.
Allen said he attended the grand opening for the District’s
new
Treece announced that the Concord Chamber of Commerce’s
installation luncheon on June 20 will install Allen as chairman. She
appreciated hearing that Strange attended Mt. Diablo High’s Ethics Day. The
Concord Chamber led the way on that activity, and now schools are incorporating
it into their programs under the leadership of Joanne Durkee, director of adult
and career education, and
Eberhart, looking through the Distinguished Schools ceremony
program that Mayo had shared, noted that only one other district in the state
had more than
10.3 Issues of Concern
Agenda change: As it was now almost 9:15 p.m., the
Superintendent asked and the Board agreed to consider Items 9.1 to 9.7,
administrator appointments, at this time. Several candidates had their young
children with them. The action on the items is reported under Business, below.
7. REPORTS/INFORMATION
7.1 Beginning Teacher Support and
Assistance (BTSA) Program Report
Vivian Boyd, director of curriculum
and instruction, introduced
Board comment
Allen thanked Love, Miller, and Giacobazzi for the presentation. A
retired teacher and administrator, he said he has seen many changes in the way
teachers are prepared and supported. In response to Eberhart, Love said
followup data show that teacher evaluations of the program are very positive
and that the program has a positive effect on teacher retention.
8.
SUPERINTENDENT'S REPORT
McHenry announced a number of upcoming events, including the
high school graduations. He said he’d asked Gloria Gamblin to be prepared to
present a summary of the Governor’s May Revise. Due to the lateness of the
hour, he asked her to speak to three items: the change in the Cost Of Living
Adjustment (COLA), the decline in enrollment, and new information just
received.
Gamblin reported that the COLA has increased from 4.04
percent in January to 4.53 percent in the May Revise, which is good news.
However, for the first time, the budget formula addresses declining enrollment
statewide, changing the deficit factor from 0.39 in January to 0.49 in May. The
deficit factor is applied to the education budget before the revenue is allocated
to districts. The enrollment decline in MDUSD is actually 1.3 percent, so the
District will receive even less revenue. In regard to equalization funding, the
District received a lot of aid last year but will not receive it this year due
to a $350 million error just discovered in the state budget. The Governor and
Legislature must deal with discrepancy before adopting the state budget.
Gamblin explained that the revenue limit is not the same for every school
district. The May Revise shows elementary districts receiving an additional
$241 per
9. BUSINESS
9.1 Appointment
of Director of Development
Allen moved, Treece seconded, and the
Board voted 5-0-0 to appoint
9.2 Appointment of Elementary
Principal
Mayo moved, Allen seconded, and the
Board voted 5-0-0 to approve the probationary appointment of Marie Schirmer as
Elementary Principal assigned to
9.3 Appointment of Middle School
Vice Principal
Treece moved, Mayo seconded, and the
Board voted 5-0-0 to appoint Christine Huajardo as Middle School Vice
Principal, assigned to Valley View, effective July 1, 2007.
9.4 Appointment of
Strange moved, Allen seconded, and
the Board voted 5-0-0 to appoint Michelle Batesole as Elementary Vice
Principal, assigned to
9.5 Appointment of Administrator,
Coordinated School Support
Allen moved, Treece seconded, and the
Board voted 5-0-0 to appoint Irene Preciado as Administrator, Coordinated
School Support, effective July 1, 2007.
9.6 Appointment of Coordinator,
Student/Community Services 9-12
Treece moved, Strange seconded, and
the Board voted 5-0-0 to appoint Rosario Elmy as Coordinator, Student/Community
Services 9-12, effective July 1, 2007.
9.7 Appointment of Coordinator,
Student/Community Services 9-12
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to appoint Susan Valdez as Coordinator, Student/Community
Services 9-12, assigned to
9.8 Appointment of Coordinator,
Student Services 6-8—PULLED
9.9 Award of Request for Proposal
#1462
Treece moved, Mayo seconded, and the Board voted 4-0-1
(Strange, abstain) to award RFP #1462 to Tristar Risk Management for
third-party claims administration of the district’s Workers’ Compensation
Program. The three-year agreement totals $644,800. Funding Source: Costs will be covered by savings in Workers’
Compensation expenses.
Board comment
Eberhart thanked Greg Rolen for his hard work and commitment on this
project.
9.10 Exemption
from Project Labor Agreement (PLA)
Mayo moved, Treece seconded, and the
Board voted 5-0-0 to exempt the following two projects from having to be
conducted under a Project Labor Agreement (PLA): 1) Phase 2 of the Energy
Conservation Program and 2) installation of five classrooms and the Technology
Center of Olympic High School. At its May 8 meeting the Board directed that for
the next 12 months all construction projects of at least $2 million in value
are be conducted under a Project Labor Agreement. As part of its action, the
Board allowed that exemptions from this directive would be considered on an
individual basis.
9.11 Legal
Service Contracts
Strange moved, Treece seconded, and the Board voted 5-0-0 to
exempt legal services providers from Board Policy 3600, which gives specified
District administrators the authority to contract for personal
consulting/independent services with any individual consultant, not to exceed
$25,000 per year. There is no impact to the General Fund. This is a cost saving
measure to maintain current billable hour rates with legal services firms until
June 30, 2009.
9.12 Approval
of Contract Amendment between Cal-Air and the District for Energy Conservation
Project Phase 2
Allen moved, Treece seconded, and the
Board voted 5-0-0 to approve Phase 2 of the District’s Energy Conservation
Program with Cal-Air. A description of Phase 2 was presented to the Board for
information on May 8, 2007. Fiscal Impact:
$3,879,401 Funding Source: Energy savings, rebates, and waste disposal
savings; no net cost.
9.13 Approval
of
Treece moved, Allen seconded, and the
Board voted 5-0-0 to approve all the Comprehensive School Site Safety Plans in
order to ensure compliance with
Education Codes 32280-32288 and Board Policy and Administrative
Regulation 0450.
Board comment
Mayo noted that two schools had notable drops in suspensions and
increases in attendance. She credited several programs for reducing student
suspension: BEST, SARB, and ones designed to reduce bullying behavior. She
credited the new phone notification system for improvements in student attendance.
She noted that
9.14 Public
Presentation and Board’s Acknowledgement of Receipt of
By law, school districts are required
to “sunshine” collective bargaining proposals in open session of the Board. The
articles from Public Employees Union, Local One Clerical, Secretarial and
Technical Unit were submitted as an information item and will be returned at a
later meeting for action. The original initial proposal was on the Board agenda
for public presentation on January 9, 2007, and returned for public comment on
January 23, 2007. Receipt of Local One Clerical, Secretarial and Technical Unit
Successor Agreement articles was acknowledged.
9.15 Consider
Approval of Reclassification Requests
McHenry reported that CSEA, CST, and
M&O collective bargaining agreements outline a process for requesting
position reclassifications. Multiple requests to reclassify positions have been
made for the 2007-08 school year. A committee of representative staff reviewed
the requests and recommended several positions for reclassification. He forwarded eight positions for Board
consideration.
Board action
Strange moved, Treece seconded, and the Board voted 5-0-0 to approve the
following requests for reclassification.
Instructional Assistant to Senior
Instructional Assistant; range 356 to 388
High School Registrar from range 424 to 468
Principal Clerk to Senior Secretary; range 444 to 477
Secretaries in C&I to Senior Secretary; range 424 to 477
Intermediate Typist Clerk in C&I to Senior Typist; range 388 to 424
Elementary Secretary at Shadelands to School Office Manager; range 424 to 477
Site Technology Support Tech II at Loma Vista to Network Tech I; range 533 to
549
Automotive Mechanic to Mechanical Service Tech; no range change
Fiscal Impact: $60,691.
Funding Source: General Fund—$33,639;
Categorical Fund—$27,052
9.16 Adoption
of the Advanced Placement (AP) French Language Materials
Allen moved, Strange seconded, and
the Board voted 5-0-0 to adopt AP French Language Materials (review, guide, and
exercise materials) as recommended by high school French teachers and a
curriculum specialist. Presented as information at the May 8 meeting, this item
was returned for action at this time.
9.17 Williams
Uniform Complaints – Quarterly Report
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to ratify the April 2007 Quarterly Report on Williams Uniform
Complaints. Quarterly reports reflect complaints regarding textbooks and
instructional materials, teacher vacancy or misassignments, and facilities
conditions. This quarter’s report includes the months of February, March, and
April 2007.
9.18 Change
Title of School Bus Driver Trainer Position to School Bus Driver Instructor and
Update Job Description
The Transportation Department is
requesting a title change from School Bus Driver Trainer to School Bus Driver
Instructor. The job description has been updated to better describe the current
duties and responsibilities of the position of School Bus Driver Instructor.
This position will remain at Range 1 of the Management Salary Schedule. Presented
only as information at this time, this item will be returned for action at a
subsequent meeting.
9.19 Adoption
of Studio Art AP Course of Study
A Curriculum Specialist worked with a
committee of high school teachers to develop the Studio Art AP course of study.
Presented only as information at this time, this item will be returned for
action at a subsequent meeting.
10. BOARD REPORTS Presented earlier in the meeting.
11. ADJOURNMENT Eberhart adjourned
the meeting to Closed Session at 10:34 p.m. to discuss negotiations. Following that discussion, Eberhart adjourned
the meeting at midnight.