MT. DIABLO UNIFIED
BOARD
MEETING – June 26, 2007
ATTENDANCE: Board:
Gary Eberhart,
Administrative
Staff: Superintendent
1.
CALL TO ORDER: President Eberhart called the
meeting to order at 6:00 p.m. at
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed
Session at 6:01 p.m. in the faculty lunchroom at
Public employee discipline/dismissal/release/complaint
The Board voted 5-0-0 to non-reelect certificated temporary employees
who have not been rehired.
2.
RECONVENE OPEN SESSION: The Board returned to Open Session
in Romaine Hall at Mt. Diablo High School at 7:35 p.m. President Eberhart led
the Pledge of Allegiance to the Flag and then reported on the topics discussed and
action taken in Closed Session.
3.
CONSENT AGENDA
After removing 3.6 for separate discussion at Allen’s
request, Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve the
remaining items on the Consent Agenda:
3.1 Minutes
– none
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Recommendation for Preliminary Single Subject –
Chemistry/Biological Services with English Learner Authorization
Recommended Gary Macaluso for a Preliminary Teaching
Credential as he has completed a two-year District Intern Program, pursuant to
California Education Code 44328.
3.2.3 Resolution 06/07-114 – Variable Term Waiver Requests
Adopted Resolution #06/07-114 authorizing Thomas Mahood to
apply for a Variable Term Waiver, giving him additional time in the 2007-08
school year to complete certain requirements for the credential that authorizes
his service. The waiver request is made when there is not a properly
credentialed person available for the position.
3.2.4 Create of Full-Time Equivalent Position (FTE) for the
2007-2008 School Year
Added 1.0 FTE Curriculum Specialist position, increasing the
expenditure budget of Categorical Funds by $81,868. Funding Source: Categorical Funds - Economic Impact Aid
3.2.5 Create .20 Full-Time Equivalent Position for the
2007-008 School Year
Added 0.20 FTE position to the Title I Program at Nuestra
Casa, increasing the expenditure budget of Categorical Funds by $15,542. Funding
Source: Foster Youth Program (Restricted
Funding)
3.2.6 Create .40 Full-Time Equivalent Position (FTE) for
2007-2008 School Year
Added 0.40 FTE psychologist position, increasing the
expenditure budget of Categorical Funds by $54,941. Funding Source: High Priority Grant (Restricted Funding)
3.2.7 Create 1.3 Full-Time Equivalent Position (FTE) for
2007-2008 School Year
Added 1.3 FTE positions at Bel Air Elementary, increasing
the expenditure budget of Categorical Funds by $88,114. Funding Source: High Priority Grant (Restricted Funding)
3.2.8 Create 2.0 Full-Time Equivalent Teacher on Special
Assignment Position (FTE) for the 2007-2007 School Year
Added 2.0 FTE (one
math coach and one literacy coach) at
3.2.9 Create 1.0 Full-Time Equivalent Teacher on Special
Assignment Position (FTE) for the 2007-2008 School Year
Added 1.0 FTE (one math coach) at
3.2.10 Addition of .17 Full-Time Equivalent Position (FTE) for
2007-2008 School Year
Added 0.17 FTE mental health psychologist from August 13
through October 1, 2007, increasing the expenditure budget of Special Education
funds by $21,842. Funding Source: Mental
Health Program (Restricted Funding)
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations, Retirements,
Employment
3.4 Contract
between Mt. Diablo Unified
Approved one-year contract up to $31,000 for Paradigm
HealthCare Services, Inc. to prepare and submit Medi-Cal claims to the State
Department of Health Services for reimbursement of health care services. Fiscal
Impact: Medi-Cal billing generates
approximately $100,000 per year, which is distributed to
3.5. Memorandum
of Understanding (MOU) with the Wright Institute
Approved MOU for The Wright Institute Graduate School of
Clinical Psychology to implement a social skills program at selected District
schools. Skills include anger management, alternatives to aggression, effective
communication, problem solving, refusal techniques, and resisting peer
pressure. There is no impact to the General Fund. Funding Source: Services will be funded through various Categorical
or Restricted funds including
3.6 Procurement
and Installation of Surveillance System for
3.7 Resolution
06/07-113, Authorization to
Adopted Resolution 06/07-113, delegating the Board of
Education’s authority to the Superintendent and/or his designee to allow for
the timely award of various summer bid contracts, pursuant to Section 17604 of
California Education Code. The contracts will be returned for ratification at
the Board meeting on August 14, 2007.
3.8 Approval
of the School Sites and District Discretionary Block Grants Budget Plans for
2006-2007
Approved Discretionary Block Grant Site plans for nine
elementary and two alternative high schools. The majority of the plans were
approved at the March 27 Board meeting. Fiscal Impact: $286,013 for these schools; $2,998,757
approved for 2006-2007 allocations for all sites. Funding Source: Site and District Discretionary Block Grants
3.9 Final
Change Order – Bid 1458, Contract C-853 Biland Construction
Final change order in the amount of $3,579 to Bid 1458, Contract
C-853 to Biland Construction for the installation of a new concrete pad, curb
and gutter improvements, metal canopy, and storm water and sanitary sewer
improvements at the Central Services Complex. Funding Source: Redevelopment Funds
3.10 Notice
of Completion to Bid 1458, Contract C-853
Notice of completion to Bid 1458, Contract C-853 in the
amount of $99,519 to Biland Construction Company for the bus washout pad at the
Maintenance and Operations Department. Funding Source: Redevelopment Fees
3.11 Award
of Contract for Professional Testing and Inspection Services for the
Renovation/Remodel of
Approved contract not to exceed amount of $9,631.53 for
Consolidated Engineering Laboratories to provide testing and inspection
services associated with the renovation/remodel of the Loma Vista Adult Center
Facility necessary to accommodate the relocation of the Bridge Program. Funding
Source: Proposition 55 Funds
SEPARATE ACTION
3.6 Procurement
and Installation of Surveillance System for
In response to Allen, Nicoll said the video cameras would be
posted only on the outside of the buildings. Allen then moved, Treece seconded,
and the Board voted 5-0-0 to approve the purchase and installation of a
surveillance system for Northgate High School through the State of California
Multiple Award Schedule (CMAS) contract #3-04-58-0212A. Fiscal Impact: $117,973
Funding Source: Northgate Parent
Donation - $100,000; Redevelopment - $17,973
4.
RECOGNITIONS: None
5.
BOARD FORUM
This item is here for the Board of Education to discuss any
issues of concern.
5.1 Committee
Minutes
5.2 Board Reports
Strange, Mayo, Eberhart: None
Allen said he would distribute to Board members information
on AB 1403, which CSBA opposes. The proposed bill gives county superintendents
greater responsibility for the oversight and monitoring of academic achievement
levels in their local school districts. He reported that he attended the final K-Adult
Principals’ meeting of the year and the annual DMA luncheon last week. At each,
administrators were given awards for service.
Treece reported that she and Allen attended the Contra Costa
Council Task Force meeting last week. It focused on Career Technical Education.
The Council took a favorable position on SB 21, which establishes the Regional Education
and Economic Integration Initiative (REEII) to provide grants to expand career
technical education and college pathway options for high school pupils, and SB
88, which supports partnership academies. Noting that Mt. Diablo Unified joined
other school districts and business partners at the Model Schools Conference
held by Dr. Willard Daggett, education reform leader, she announced that Dr.
Daggett is being invited to address the topic of career academics, rigor, and
relationships at a local conference in January. She also announced that the
summer camps in the areas of engineering, environmental science, and bio-tech offered
to students and teachers by the Contra Costa Council Partnership have begun.
She said she was honored to be a part of the Concord Chamber of Commerce
luncheon where
5.3 Issues of
Concern
6.
PUBLIC COMMENT
Sandra Walters, parent, spoke of problems her daughter is
encountering with the class scheduling system at Concord High.
7.
COMMUNICATIONS: None
8.
REPORTS/INFORMATION: None
9.
SUPERINTENDENT'S REPORT
McHenry announced that summer school for high school
students started last week. Enrollment is up by 200 students. The elementary
summer session started this week.
10.
BUSINESS
10.1 Appointment
of Principal,
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to appoint
10.2 Appointment
of Principal, Special Education – Sunrise/Shadelands for One Year
Treece moved, Allen seconded, and the
Board voted 5-0-0 to appoint
10.3 Appointment
of Vice Principal, Middle School
Allen moved, Treece seconded, and the
Board voted 5-0-0 to appoint Kathy Lorden as Vice Principal, Middle School,
assigned to
10.4 Appointment
of Coordinator, Student/Community Services 9-12
Mayo moved, Strange seconded, and the
Board voted 5-0-0 to appoint Orielle Couttien as Coordinator, Student/Community
Services 9-12l, effective July 1, 2007.
10.5 Appointment
of Program Specialist – Beginning Teacher Support and Assessment (BTSA)
Strange moved, Treece seconded, and
the Board voted 5-0-0 to appoint Rhys Miller as Program Specialist – Beginning
Teacher Support and Assessment (BTSA)l, effective July 1, 2007.
10.6 Appointment
of Curriculum Specialist(s)
Allen moved, Mayo seconded, and the
Board voted 5-0-0 to appoint Lisa Allphin Curriculum Specialist, effective July
1, 2007.
Mayo moved, Strange seconded, and the
Board voted 5-0-0 to appoint Tina Frediana Curriculum Specialist, effective
July 1, 2007.
Treece moved, Strange seconded, and
the Board voted 5-0-0 to appoint Spoogmai Habibi Curriculum Specialist,
effective July 1, 2007.
10.7 Adoption
of the 2007-2008 Budget
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to adopt the 2007-08 budget. Presented only as information at
the June 19 meeting, this item was returned for action at this time.
Board comment
Treece said she had several questions, which she brought to Gloria
Gamblin earlier, and received informative answers. Mayo said she had the same
experience.
10.8 Recommendations
for Diablo Managers’ Association (DMA) Management and Confidential
Reclassifications and Upgrades
Treece moved, Allen seconded, and the
Board voted 5-0-0 to approve the following positions for reclassification:
▪
Administrator,
After School Services
▪
Supervisor,
Print Shop
▪
Transportation
Dispatcher
and the following positions for
upgrades:
▪
School
Bus Driver Instructor
▪
Supervisor,
District Custodial
▪
Personnel
Analyst
▪
Personnel
Specialist
The changes reflect the increased
responsibility, scope, and consequence of error of the positions. Fiscal
impact: $52,714 Funding Source: $29,660
General Fund; $7,246 Special Projects/Categorical; $15,808 Restricted General
Fund (Transportation)
Board comment
Eberhart said he does not spend General Fund money without considerable
thought. The amount in this case is negligible and the need to compensate these
positions appropriately justifies the expenditure.
10.9 Declaration
of Need for Fully Qualified Education
Allen moved, Mayo seconded, and the
Board voted to approve the Declaration of Need for Fully Qualified Educators. The
Commission on Teacher Credentialing requires districts to submit an annual
Declaration of Need form indicating the number of teachers that may need to be
hired under emergency permits for the ensuing school year. McHenry said the
number of positions listed for 2007-08 is more than needed to make sure another
request does not have to be brought back to the Board during the year..
10.10 Upgrade
Position and Adopt Job Description for Benefits Specialist
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to upgrade the position and adopt the job description for
Benefits Specialist. The position will be at range 525 on the salary schedule.
Fiscal impact: $7,966. Funding Source: General Fund, Risk Management
Administration. Presented only as information at the June 19 Board meeting,
this item was returned for action at this time.
10.11 Upgrade
Position and Revise Job Description for Career/College Advisor
Allen moved, Mayo seconded, and the
Board voted 5-0-0 to upgrade the position and adopt the job description for
Career/College Advisor to reflect the current duties and responsibilities of
the position, which will be at Range 534 on the CST salary schedule. The
leadership of Local One CST was advised and supports this upgrade. McHenry
noted that the position requires the employee to have a baccalaureate degree. Fiscal
impact: $34,205. Funding Source: General Fund.
10.12 Job
Description for Adult and Career Education Fiscal Analyst Position
Treece moved, Mayo seconded, and the
Board voted 5-0-0 to approve the job description for Adult and Career Education
Fiscal Analyst. The position will be at Range 522 of the CST salary schedule. The
leadership of Local One CST was advised and supports this action. Presented
only as information at the June 5 meeting, this item was returned for action at
this time.
10.13 Request
Approval to Eliminate a Full-Time Adult and Career Education Fiscal Specialist
and Create an Adult Education Fiscal Analyst Position for Loma Vista Adult
Education
Allen moved, Strange seconded, and the Board voted 5-0-0 to eliminate
a part-time, 24-hour/week, 12-month Adult Education Fiscal Specialist position,
create a part-time, 24-hour/week, 12-month Adult Education Fiscal Analyst
position, which will be at Range 522 on the CST salary schedule, and move
employee #11691 into the new position. The leadership of Local One CST was
advised and supports this change. There is no impact to the General Fund. The
additional cost to Adult Education funds for fiscal year 2007-2008 will be $2.081.30.
Funding Source: Adult Education
10.14 Job
Description for Adult and Career Education Accounting Specialist Position
Mayo moved, Treece seconded,
and the Board voted 5-0-0 to approve the job description for Adult and Career
Education Accounting Specialist. The position will be at Range 477 on the CST
salary schedule. The leadership of Local One CST was advised and supports this
item. Presented only as information at the June 5 meeting, it was returned for
action at this time.
10.15 Request
Approval to Eliminate a Full-Time Senior Account Clerk Position and Create an
Adult and Career Education Accounting Specialist Position at Loma Vista Adult
Education
Mayo moved, Strange seconded, and the Board voted 5-0-0 to eliminate
a full-time Senior Account Clerk position, create a full-time, 12-month Adult
and Career Education Accounting Specialist position, which will be at Range 477
on the CST salary schedule, and move employee #14509 into the new position. The
leadership of Local One CST was advised and supports this item. There is no
impact to the General Fund. The additional cost to Adult Education funds for
fiscal year 2007-2008 will be $4,622.13. Funding Source: 95.4%. Adult Education; 4.6%, Perkins
Funding.
10.16 Job
Description for Adult and Career Education Accountability Specialist Position
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to approve the job description for Adult and Career Education
Accountability Specialist. The position will be at Range 522 on the CST salary
schedule. Presented only as information at the June 5 meeting, it was returned
for action at this time.
10.17 Creation
of a Full-Time Adult and Career Education Accountability Specialist Position
for Loma Vista Adult Education
Allen moved, Treece seconded, and the
Board voted 5-0-0 to create a full-time, 12-month Adult and Career Education
Accountability Specialist position. There is no impact to the General Fund. Fiscal
Impact: $68,021.15 for fiscal year 2007-2008. Funding Source: Adult Education.
10.18
Strange moved, Mayo seconded, and the
Board voted 5-0-0 to approve Delta View Elementary’s request to implement a
voluntary uniform dress code in Fall 2007. Bylund reported that the school had
followed the requirements of Board Policy and Administrative Rule 5132.
Board comment
Mayo applauded the school staff for its work in preparing for the
school’s uniform policy. She thanked Operation School Bell and the Assistance
League for providing clothing to District students. Eberhart also praised the
school staff for the work they have done on this matter.
Staff comment
Delta View Principal Susan
10.19 Consider
Modification of Board Policy 5121-Grades/Evaluation of Student Achievement
The President of the Board of Education
requested specific language regarding excused absences to be added to Board
Policy 5121 to clarify the responsibilities of teachers when students are
absent from class. The following discussion ensued.
Board comment
Mayo suggested that the proposed text be included in a different policy,
6154, “Homework/Makeup Work” instead of “Grades.” She’d spoken to Curriculum and
Instruction Director Vivian Boyd, who said staff is currently revising the
homework policy. Mayo said she also has some text changes to recommend and
asked if Eberhart would agree to incorporate the text he’s suggested into 6154
and have staff bring it to the Board by late September. Eberhart said he
doesn’t mind the text being placed in a different policy, but he would like the
policy in place before school starts in September. He suggested adding it to
5121 at this time and, if necessary, moving it to 6154 when that policy comes
forward for adoption. Strange supported the additional text as it gives clear
direction to teachers. Treece said the proposed text relates more directly to
homework than to grades. Boyd said the grade policy can be printed in this
year’s Parent Information Packet (PIP), which is going to the printer tomorrow.
Eberhart said the policy does not need to be in the PIP, but should be in
teachers’ hands by September. Mayo said there are instances when students who
have an unexcused absence should be allowed to make up work. She also believes
that the policy, because it affects 1,800 teachers, should be presented twice.
Eberhart said he spoke with MDEA President Mike Noce earlier in the day and was
told that the policy change would affect only a few teachers as most already
assign makeup work. Eberhart said he just wants to make sure his child is given
homework if she has an excused absence.
Board action
Strange moved, Eberhart seconded, and the Board voted 4-1-0 (Mayo, no)
to revise Board Policy 5121, adding the following text under Excused Absences:
“If a student is absent and that absence is an excused absence, the teacher
shall provide to the student the classroom assignments, homework assignments,
and an outline of topics covered during class(es) that the student missed, at
the request of the student, parent, or guardian. The teacher is encouraged to
provide this information to the student regardless of request. Teachers shall
inform students and parent/guardians of this at the beginning of each course.”
Board comment
Mayo said the policy should apply to all students whether their absence
is excused or unexcused. Eberhart asked staff to bring Board Policy 6154 to the
Board in August.
10.20 Board
of Education Discussion on a Tax Measure
At its June 19 meeting the Board heard a report on the community
poll regarding a parcel tax or school bond. Following the presentation the
Board agreed to have a discussion at its next meeting to determine the next
steps.
Public comment
Several individuals spoke in favor of the District’s placing a parcel
tax on the ballot, though they had differing ideas on the amount of the tax and
the timing of the election: Parents Thea Sorscher, Felicia Oliveri, Dave
Farabee, Donna Warnken-Brill, Shel Perhan, Chris Stieger-Maguire, Sandra
Walters, John Ferrante, Mary Gray, and Ed Wohlers; Teacher Debbie Birnbaum; Student
Rohan Batra
Board discussion
Strange said the District should be proud of the accomplishments achieved with
limited resources, but it has now reached the point where more resources are
needed. He suggested that the parcel tax amount be $500 a year so significant
salary increases can be given. He listed data to show that MDUSD has relatively
less revenue than surrounding districts.
Allen said the District needs both a parcel tax and a bond.
He favors the parcel tax at this time because it meets the Board’s goal to
recruit and retain quality staff. He cautioned that supporters must go into the
campaign aware of the work and money it takes because District money cannot be
used. He said he is not ready to vote on the issue tonight and suggested a
series of community meetings in July to determine how wide the support is for
this measure and to do the necessary planning. He pointed out that only about
25 percent of voters in the District have children in school. He has talked to
most of the District’s labor leaders, who expressed support but want more
details about how the money would be used.
Treece said there is no question on the need for a parcel
tax; the question is when to place it on a ballot. She echoed Allen’s comments
on the need for meetings with the public and for planning. In terms of the
amount of the tax, she agrees that it must be high enough to meet needs. She
stressed the importance of hearing from labor leaders and non-parent voters
before making a decision on the amount or the specific election date. She noted
that parents who attended community meetings on District needs last spring
expressed strong interest in programs, such as class size reduction and science
labs.
Mayo, noting that she has been involved in fundraising for
the District since 1978, recalled that planning in preparation for the first,
and unsuccessful, Measure A campaign took a year. After another year of
campaigning, the measure passed. She also noted that the campaign for the
successful Measure C took nine months. She expressed support for a parcel tax and
stressed that it will take time and a monumental effort from volunteers to
educate voters. The question is, “Who can afford the tax now and who can afford
it in the future?” Consideration of the length of the tax and whether to build
in an inflation factor and include the senior exemption are important when
anticipating future expenses. Considering the timelines and the fact that
summer has begun, she said she is not in favor of a November election and
thinks one in late spring 2008 would be better. She also believes a $500 per
parcel tax would be difficult for many people.
Eberhart thanked the large number of people who attended
this meeting. He agreed with speakers who said it is critical to have the
support of the teachers and other employee units. He appreciated comments that
endorsed a parcel tax large enough to address employee salary needs. He said he
supports the tax and the idea of asking the public for its advice. He said the
consultant’s report presented at the last Board meeting can be used as a
starting point for a campaign and envisioned a hundred students and hundreds of
parents from each high school leading it. He has spoken to labor leaders in
Treece pointed out that the District encompasses eight
municipalities. She noted that parents from
Strange said he’s sorry this issue did not come up sooner,
making it difficult to prepare for a November election. At the same time, he
believes it is best to do so. He encouraged those interested in participating
to get together and start talking and making plans, saying a decision needs to
be made in about a week. The resolution to put an initiative on the ballot must
be submitted to the Election Office by August 8.
Mayo said a special election can be held in late spring.
Eberhart said it is important to hear
from the District as a whole before deciding on a parcel tax election. Meetings
can be held to meet the August deadline, but it will require a lot of work
between now and then.
Board action
Strange moved, Allen seconded, and the Board voted 5-0-0 to meet on
Tuesday, July 24, to discuss and take action on moving forward on a parcel tax election.
(Mayo said she has a prior commitment and will not be able to attend.) Eberhart
said that if the decision is to move forward, the Board will have a discussion
on the variables and hold meetings on July 31 and August 7.
11.
CLOSED SESSION/ADJOURNMENT
Eberhart adjourned the meeting to Closed Session at 10:55
p.m. to discuss existing litigation (Spieler v MDUSD) and superintendent’s
evaluation.
Existing Litigation: Spieler v MDUSD
Allen moved, Strange seconded, and the Board voted 5-0-0 to approve up to
$250,000 in attorneys’ fees as a settlement in Spieler v MDUSD.
Eberhart adjourned the meeting at 11:35 p.m.