MT. DIABLO UNIFIED
BOARD
MEETING – September 12, 2006
ATTENDANCE: Board: Linda Mayo, Gary Eberhart (at 6:15
p.m.),
Administrative Staff: Superintendent
The meeting was called to order by President Mayo 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
Readmissions
Treece moved,
Strange seconded, and the Board voted 4-0-0 (Eberhart not yet present) to
approve staff’s recommendation to readmit four students and deny readmission to
five students who did not meet conditions for readmission.
Conference with Real Property Negotiator:
Treece moved,
Eberhart seconded, and the Board voted 5-0-0 to remove District property as an
option for a flood control basin in
Retention Appeal
The Board held a hearing on the request of Student #213281 to
appeal her retention in 8th grade. Following the hearing, the Board
voted 5-0-0 to uphold the student’s retention.
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:30 p.m. Mayo led
the Pledge of Allegiance to the Flag and reported the action taken in Closed
Session.
Moment of Silence
At President Mayo’s request, a Moment of Silence was observed in remembrance of
September 11, 2001 and in memory of College Park High teacher Kevin Kraus,
speech therapist Madeleine Sturiale, and former MDUSD
superintendent Don Russell, who worked for the District for 22 years, heading
it from 1980 to 1984.
Expulsion
Student 1-07:
Strange moved, Allen seconded, and the Board voted 5-0-0 that Student 10-07 be
expelled from all schools and programs of the
Report of Closed Session
Mayo reported the
action taken and items discussed in Closed Session. She then announced the
seven individuals besides herself who are candidates in the November 7 election
for the three open seats on the Board of Education:
3. CONSENT AGENDA
Eberhart moved, Allen seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meeting of August 8, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Approval of Provisional
Internship Permit (PIP) Request(s)
Adopted Resolution #06/07-18, authorizing Thomas Duffy and
Miranda Broder to apply for a Provisional Internship Permit (PIP) in order to
complete their assignment for the 2006-07 school year.
3.2.3 Resolution #06/07-21 Education
Code 44258.2 – Board Authorization
Adopted Resolution #06/07-21, authorizing Karen Borowski,
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 current school year.
3.2.4 Resolution #06/07-20 Variable
Term Waiver Requests
Adopted Resolution #06/07-20, authorizing Thomas Duffy and
James Riley to apply for a Variable Term Waiver, giving them additional time to
complete certain requirements for the credential that authorizes their service.
The waiver request is made when there is not a properly credentialed person
available for the position.
3.2.5 Addition of Grant-Funded .20
Full-Time Equivalent Position (FTE) for the 2006-07 School Year
Transferred .20 FTE school psychologist position from the
General Fund to the Pre-Intervention Mental Health Grant (1901). Fiscal Impact:
A $21,798 decrease in the General Fund and an increase of that amount in the
Pre-Intervention Mental Health Grant budget.
3.2.6 Certification to Evaluate Teachers
Certified identified certificated management personnel to
evaluate teaching personnel, as required by Board Policy 4315.1.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Eliminate a Vacant Intermediate Typist Clerk Position
and Create a Secretary Position at
Eliminated one vacant full-time, 40 hour/week, 11-month/year
Intermediate Typist Clerk position and created one full-time, 40 hour/week,
12-month/year Secretary position at the Mt. Diablo Adult Education program.
There is no impact to the General Fund. The $7,141 difference in cost for
fiscal year 2006-07 will be funded by Adult Education (7901).
3.3.3 Eliminate Part-Time Delivery Service Worker Position
and Create a Warehouse Attendant Truck Driver Position
Eliminated one 30-hour/week, 12-month/year Delivery Service
Worker position and created one full-time, 40-hour/week, 12-month/year
Warehouse Attendant Truck Driver position. Fiscal Impact: A $6,977 additional
cost to the General Fund.
3.3.4 Eliminate one (1) vacant Senior Account Clerk Position
in Fiscal Services and Create One (1) Payroll Analyst Position
Eliminated one vacant Senior Account Clerk position and
created one Payroll Analyst position in Fiscal Services, as recommended by the
Fiscal Crisis and Management Assistance Team (FCMAT). Fiscal Impact: There is a net impact to the General Fund in
the amount of $16,376.
3.4 Final
Change Order – Bid 1409/Contract C-830
Approved Final Change Order to Bid 1409/Contract C-830 to
Harry L. Murphy, Inc. in the amount of $66,453 for flooring installation at Bel
Air, Valhalla, and Walnut Acres elementary schools; Diablo View, Glenbrook,
Riverview, and Valley View middle schools; and Northgate and
3.5 Final
Change Order – Bid 1411/Contract C-831
Approved Final Change Order to Bid 1411/Contract C-831 to
Bell Products in the amount of $12,719 for the installation of new classroom
furnaces in the 300 wing at
3.6 Contract
Amendment #3 to Harlan Krusemark, Architect
Approved a $13,800 amendment to the contract with Harlan
Krusemark, Architect, for additional architectural/engineering services for
Group 5 of the Measure C construction program (
3.7 Contract
Amendment #7 to ATI Architects
Approved contract amendment #7 in the amount of $9,490 for
ATI Architects to provide architectural/engineering services for modifications
at Strandwood Elementary and for prototypical kindergarten classroom design for
the Measure C construction program. Funding Source: Measure C
3.8 Contract
Amendment #6 to ATI Architects
Approved contract amendment #6 in the amount of $16,614 for
ATI Architects to provide architectural/engineering services for prototypical
classrooms for the Measure C construction program. Funding Source: Measure C
3.9 Award
of Contracts
3.9.1 Awarded contract not to exceed $23,148 to Consolidated Engineering
Laboratories to provide comprehensive materials testing and geotechnical
services in the site development of the Olympic High School/Willow Pass
project. Funding Source: Proposition 55
funds
3.9.2 Awarded contract not to exceed $4,186.44 to Inspection Services, Inc.
for testing and inspection services for new modular restrooms at Concord High;
El Dorado Middle; and
3.9.3 Awrded contract not to exceed $12,205.50 to Inspection Services, Inc.
for testing and inspection services for new classrooms at
3.10 Independent
Contract for Educational Interpreters for the Deaf
Approved $100,000 contract with Interpreting and Consulting
Services to provide educational interpreters for the deaf in order to meet
student Individualized Education Program (IEP) requirements. Fiscal
Impact: There is no impact to the
General Fund as the amount is already budgeted. Funding Source: Related Services Supplemental Operating
Budget (1218).
3.11 Tobacco
Use Prevention Education (TUPE) Program
Approved contract not to exceed $49,000 with the Center for
Human Development to provide smoking cessation and counseling services to
students. Fiscal Impact: There is no
impact to the General Fund. Funding Source:
Tobacco Use Prevention Education (TUPE) grant.
4. RECOGNITIONS
McHenry acknowledged Assistant Superintendent for Personnel
5. PUBLIC COMMENT
Sandy Walters, Concord High parent, detailed problems her
son and other students had in getting their classes during the first weeks of
school. She criticized the school administration about a field trip to
6. COMMUNICATIONS
Organizations
Mike Noce, MDEA president, complained that the District
Administration makes decisions without consulting MDEA. He criticized the Board
for approving at its August 8 meeting a preliminary proposal regarding bonuses
for teachers at Decile 1 to 3 schools without any input from MDEA. He announced
that the Faculty Representative Assembly voted unanimously yesterday to oppose
the proposal and to request that a joint committee be formed to come up with
other alternatives, that can be bargained, for the use of the money. He
criticized the Administration for talking directly to BTSA/PAR coaches, rather
than to the MDEA leadership, about compensation for those who agree to coach
more teachers than the contract stipulates. He said the plan later developed
through discussions between MDEA and the Administration was passed by the Rep
Assembly. He expressed regret that the District and MDEA no longer participate
in continuous bargaining, as determined during the last contract negotiations.
He predicted that later in the meeting the Board would approve two fiscal
positions as recommended by the Fiscal Crisis and Management Assistance Team
(FCMAT), and said that money spent on the FCMAT recommendations is taking away
from compensation for teachers. He announced that the Rep Assembly has
officially endorsed candidates
7. REPORTS/INFORMATION -Olympic High School
Special Project – Phil Arndt, Comcast Cable
Philip Arndt of Comcast Cable, said
the company has chosen Olympic High as this year’s “
Board comment
Allen noted that Arndt is past chairman of the Concord Chamber of
Commerce and recalled that last year’s Comcast volunteer day was spent at
Riverview Middle. It felt like “Family Day,” and greatly benefited the school.
Mayo, who was at Olympic earlier in the day, said everyone is excited about the
event. She thanked Comcast for the contribution being made.
8.
SUPERINTENDENT'S REPORT
McHenry, noting that schools have been in session for nine
days, reported that enrollment is below projections by 300 to 500 students.
Staff are looking at reasons and have found that more students have transferred
out of the district than in and that kindergarten enrollment is down by 100
students. Child Welfare and Attendance Liaisons are checking on students who
have not yet arrived. Lower enrollment will affect revenues, he cautioned.
Personnel staff are still looking for a few teachers, though all classes are covered,
some by substitutes. Some school sites were not completely ready on opening day
due to construction work, but accommodations were made. Schools received all
their textbooks except for social studies, which was a new adoption and arrived
on the first or second day, and foreign language. He thanked all the people who
worked hard to get schools ready for the year.
District staff have visited all schools and found morale to
be high, he reported. Students improved their test scores over last year, resulting
in the District’s meeting 46 of 46 measures of the federal standards for
Adequate Yearly Progress. He thanked teachers, support staff, and
administrators for this achievement.
He said this year the Board and the District Administration
need to address the issue of employee compensation because “we are losing
ground to other districts.” At the same time, “we have to address legal and
programmatic mandates, which are hard for some to understand.” He wants to
build in more collaboration time for teachers and other staff members. He is
proud that in a district whose students come from wealth, from poverty, from 47
different languages and with other diverse needs, the teachers and
administrators are successful in getting every child to succeed. He is determined
that staff try to acquire a new Student Information System, saying the parent
comment earlier in the meeting pointed out that scheduling is a nightmare in
many schools, and “we need to change that.”
He reviewed the District goals:
·
Improve
the achievement of all students and close the achievement gap.
·
Improve
average daily attendance (
·
Insure
access to all programs and services for all students.
·
Improve
maintenance and facilities and the appearance of the grounds.
·
Improve
organizational efficiency.
·
Address
legal and programmatic mandates.
·
Implement
new program initiatives, such as Career Integrated Academics, Early Childhood
Education, and an updated District Technology Plan.
·
Maintain
sound fiscal procedures and practices.
At the end of his report McHenry commented on Noce’s remarks
earlier in the meeting. He said there is no intent among the District
leadership to be a top-down administration, but it is the Administration’s job
to lead the district in a way that best serves children. Staff brought the plan
for Decile 1 to 3 schools to the Board because money from the state is
available specifically for staff at those sites. The Board approved the plan
with the understanding that money would be available and that it would be
implemented only after negotiations with the teachers union.
Board announcement Mayo acknowledged
that students from a Northgate High government class are attending tonight’s
meeting.
9. BUSINESS
9.1 Appointment
of Supervisor, Accounting
Allen moved, Treece seconded, and the
Board voted 5-0-0 to appoint
9.2 Resolution
06/07-14 Hispanic Heritage Month, September 15 – October 15, 2006
Eberhart moved, Strange seconded, and
the Board voted 5-0-0 to adopt Resolution 06/07-14, supporting the California
Department of Education’s designation of September 15–October 15, 2006, as
Hispanic Heritage Month and recognizing the many contributions made by the
Hispanic people to the growth and development of
9.3 Alves
Ranch Purchase Agreement
Eberhart moved, Allen seconded, and
the Board voted 5-0-0 to approve an agreement to purchase an 11-acre site on
which to construct a K-8 school in Alves Ranch Development. Purchase price is
$10,850,000. The City of
9.4 Memorandum of Understanding between Mt. Diablo Unified
Strange moved, Eberhart seconded, and
the Board voted 5-0-0 to approve a Memorandum of Understanding with the Bay
Area Video Coalition (BAVC) to support a new afterschool program, the Bay Unity
Music Project (BUMP), at Olympic High. There is no impact to the General Fund.
Funding Source: $30,000 for program
support provided by a private donor, $77,000 in equipment cost and supply costs
provided by Comcast Cares Day, and $70,000 in staffing costs provided by Bay
Area Video Coalition.
Public comment
9.5 Resolution 06/07-19 Accepting Final Supplemental
Environmental Impact Report for the
Treece moved, Allen seconded, and the
Board voted 5-0-0 to adopt Resolution 06/07-19, accepting the Final
Supplemental Environmental Impact Report (EIR) for Clayton Valley High’s
stadium lighting project, which extends nighttime sports activities on the
school’s field. The District’s consultant prepared and circulated the Draft
Supplemental EIR pursuant to the provisions of the California Environmental
Quality Act (CEQA), Public Resource Code Section 21,000 of seq.
Staff report
9.6 Job
Description and Creation of One Full-Time Equivalent (FTE) Fiscal Analyst II
Position
Eberhart moved, Strange seconded, and
the Board voted 5-0-0 to approve the creation of a 1.0 FTE Fiscal Analyst II
position, placed at Range 558 of the Local One, Clerical, Secretarial,
Technical Unit, and funded through the Categorical budget, effective September
1, 2006. Fiscal Impact: $71,918,
increase in the Categorical Fund expenditure budget. Funding Source: Title I, Title II, Economic Impact Aid (EIA),
High Priority Schools Grant (HPSG), Block VI, Reading First Grant, and School
Safety and Violence Prevention.
9.7 Resolution
of Findings of Noncompliance Agreement Addressing the Uniform Complaint
Procedures
Allen moved, Treece seconded, and the
Board voted 5-0-0 to approve revisions to the District’ s Uniform Complaint
Procedures as delineated in MDUSD Administrative Rule and Exhibit 1312.4. After
consulting with the California Department of Education, it was discovered that
certain words had been left out of the Williams Case Notice for posting in
every classroom. The changes are aligned with Sate Compensatory Education (SCE)
guidelines.
9.8 Contract Agreement with
Allen moved, Strange seconded, and
the Board voted 5-0-0 to approve a contract with the Contra Costa County Office
of Education (CCCOE) to provide the AB 430 Administrator Training Program.
There is no impact to the General Fund. The training and practicum will be
funded through AB 430 grant from the California Department of Education.
Funding Source: California Department of
Education
9.9 Adoption
of the Novel Fight Club by Chuck
Palhniuk
A curriculum specialist and an
English/Language Arts Site Literature Adoption Committee from Mt. Diablo High
reviewed Fight Club by Chuck Palhniuk
and recommended that it be added to the Extended Core Literature list.
Presented for information only at this time, the item will be returned for
action at a subsequent meeting.
9.10 Discussion and Clarification of High School Options for
Students Who Live in the Pleasant Hill Elementary School Attendance Boundaries
When
When
During the 2005-06 school year some
1. Students
in the PHE attendance area have the choice of attending either
2. The
MDUSD Attendance Area Directory will be changed to show both
3. Students
will still be asked to fill out an intradistrict transfer form. As soon as the form is received, it will be
forwarded to the applicable high school principal to insure that students are
included on class lists for fall.
4. Open
Enrollment Administrative Rule 5116 and 5117 regarding intra- and interdistrict
transfers will be changed to establish October 1 through January 15 as the open
enrollment period.
5. This
information will be communicated to parents who live in the
At this meeting McHenry asked the Board
to discuss the directives and make changes as needed. He noted that earlier in
the day Directive #3 was changed. Rather than an intradistrict transfer form,
the District will use an “Intent to Attend” form for students to indicate their
choice of either
Board comment
Eberhart confirmed that the area being discussed will now be referred to
as the “Pleasant Hill Elementary attendance area” and not by its former term,
“the grey area.” Board members expressed agreement with the directives.
Superintendent comment
McHenry introduced
10. BOARD REPORTS
Strange announced that Pleasant Hill Cleanup Day will be
held on Saturday, September 16 and commented that he has volunteered this year
to work with the Freshman Class at Mt. Diablo High.
Allen reported that several Board members attended the
opening of the
Treece reported that she attended 1) the Parent Advisory
Council meeting, where there is always stimulating conversation, this time on
parents’ assessment of the opening of school, which was informative and
positive; 2) both the breakfast in appreciation of Central Services staff and
the lunch to thank Dent Center staff on September 1; 3) the Concord Chamber of
Commerce meeting at which programs in collaboration with schools were discussed.
She said the Business-Education Committee will be looking at the state of MDUSD
schools at its October 4 meeting. She welcomed all the students attending
tonight’s meeting.
Eberhart reported that he’s been looking at all the work
that’s gone on during the summer by District and contractor crews who tried to
get everything done by the time teachers and administrators returned and
appreciates all the effort all the individuals made. Addressing Noce’s comments
earlier in the meeting, he said the Board is trying to find ways to improve the
education of pupils at District schools that have the most need. He recalled
that the Board had a lengthy discussion on August 8, when the preliminary
proposal to provide incentives for recruiting and retaining teachers at schools
in Deciles 1 to 3. was presented. He said Board members clearly voiced the need
to negotiate with MDEA. He is hopeful that a joint committee can come up with a
proposal that works, not just for teachers but for students at those sites. He
agreed that “there is a real need to change the relationship that we have with
teachers, and with all employees.” It needs to be done through communications
and through working together to develop trust, he said.
Board meetings cancelled, scheduled
Mayo reported that all Board members met in Closed Session
on Saturday, September 9, from 9 a.m. to 12:30 p.m. to discuss the
Superintendent’s evaluation. They made “such good progress” that they have
cancelled the meeting on this topic scheduled for September 16 and have removed
the topic from their Closed Session on September 19, when they will discuss
negotiations. They will discuss the final steps of the Superintendent’s
evaluation at a Closes Session on Saturday, September 30, beginning at 9 a.m.
Mayo then reported on contributions the Adult School
Woodshop Program (Diablo Woodworkers Association) has made to Ygnacio Valley
High. She said that the woodworking program moved to the high school for the
summer because of Measure C construction work at
11. CLOSED SESSION
Mayo adjourned the meeting at 9:03 p.m. to a 30-minute
closed session to discuss negotiations.
12. ADJOURNMENT
Mayo
adjourned the meeting at 9:50 p.m.