MT. DIABLO UNIFIED
BOARD
MEETING – October 24, 2006
ATTENDANCE: Board: Linda Mayo, Gary Eberhart,
Administrative Staff: Superintendent
Student Representatives: Samantha
Lopez, Olympic (voting); Ashlie Parke and Lindsey Lawson, Clayton Valley; Alexandra
President Mayo called the meeting to order at 6:00 p.m. in
the Board Room of the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned
to Closed Session at 6:01 p.m. in Room 6 of the
Conference with Real Property Negotiator:
Eberhart moved, Strange seconded, and the Board voted 5-0-0 to direct staff to
modify the joint powers agreement with
Public Employee Discipline/Dismissal/Release/Complaint
Eberhart moved,
Treece seconded, and the Board voted 5-0-0 to accept the resignation of
certificated employee #24555.
2. RECONVENE
OPEN SESSION: The Board returned to Open Session at 7:30
p.m. President Mayo led the Pledge of
Allegiance to the Flag.
Moment of Silence
was observed for John Moiso, who died October 18. Mr. Moiso worked as principal/superintendent in
Expulsions
Student
80-06: Eberhart moved, Allen seconded,
and the Board voted 5-0-0 that Student 80-06 be expelled from all schools and
programs of the
Student
4-07: Strange moved, Treece seconded,
and the Board voted 5-0-0 that Student 4-07 be expelled from all schools and
programs of the MDUDS and that Student 4-07 may apply for readmission after
January 26, 2007. It is required that
Student 4-07 participate in individual counseling, community service, the COPS
program, and write a report on the dangers of having a weapon at school and explain
how to get the message to other students, and show evidence of a successful
school experience, prior to applying for readmission.
Student 5-07: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 5-07 be expelled from all schools and programs of the
Student 6-07: Treece moved, Strange seconded, that the
Board voted 5-0-0 that Student 6-07 be expelled from all schools and programs
of the
Student 7-07: pursuant to Ed. Code, the Board is referring
this matter to the Student Services Department for further clarification.
3. CONSENT AGENDA
Treece moved, Eberhart seconded, and the Board voted 5-0-0
to adopt the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meetings of September 26, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Resolution 06/07-38 Variable Term Waiver Requests
Adopted Resolution #06/07-38, authorizing Rachel Estrada to
apply for a Variable Term Waiver, giving her additional time to complete
certain requirements for the credential that authorizes her service. The waiver
request is made when there is not a properly credentialed person available for
the position.
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 September 2006
3.5 Fiscal
Transactions for September 2006
3.6 Award
of Contract for Professional Services for Hazardous Materials Project
Management and Inspection for the Measure C Program: Group V Sites
Awarded $114,363 contract to MS Environmental for hazardous
materials management and inspection services related to the Group V Measure C
projects. Funding Source: Measure C
3.7 Contract Amendments
3.7.1 Beals Alliance, Sports Division in the amount of $9,860 for the
provision of comprehensive design and engineering services for Board approved
tennis court facility repairs. Funding Source:
Proposition 55 Funds
3.7.2 Beals Sport in the amount of $18,400 for the provision of comprehensive
design and ongoing services for Board approved high priority athletic facility
improvement projects at
3.8 Final Change Orders
3.8.1 Contract C-818, Bid 1382 to Robert A. Bothman, Inc. in the amount of $45,666.37 for the
installation of Board approved athletic facility improvements at
3.8.2 Contract C-828, Bid 1403 to B & B Grading and
Paving, Inc. in the
amount of $8,950.22 for tennis court improvements at
3.9 Notices of Completion
3.9.1 Contract C-818, Bid 1383 to Robert A. Bothman, Inc. in the amount of $3,229,966.37 for
providing the athletic facility improvements, package C, site work at
3.9.2 Contract C-828, Bid 1403 to B & B Grading and
Paving, Inc. in the
amount of $1,062,059.22 for providing the tennis court improvements at
3.10 Apprenticeship Training Program
Approved agreement between Mt. Diablo Adult Education and
3.11 Interagency Agreement for Adult
Education
Approved interagency agreement between Mt. Diablo Adult
Education and Contra Costa County Employment and Human Services Department
(EHSD) to provide outreach and recruitment services for EHS D’s Advanced Manufacturing grant.
There is no impact to the General Fund. Mt. Diablo Adult Education will be paid
on a cost reimbursement basis for up to $10,000. Funding Source: Contra Costa
Employment and Human Services Department contract.
3.12 Agreement Between Mt. Diablo Unified
Approved agreement for New Connections to provide counseling
support at
3.13 Agreement
Between Mt. Diablo Unified School District and the Wright Institute Graduate
School of Clinical Psychology and an Independent Services Contract with Dr.
Anatasia Kim, Wright Institute Professor
Approved agreement with the Wright Institute Graduate School
of Clinical Psychology and an independent services contract with Dr. Anatasia
Kim to implement a social skills program at
3.14 Agreement
Between Mt. Diablo Unified School District and
Approved agreement with
3.15 Memorandum
of Understanding (MOU) with the Office of the
Approved MOU for the San Bernardino County Superintendent of
Schools Office to be the external entity providing support to Glenbrook Middle
School and Cambridge, Fair Oaks, Meadow Homes, and Ygnacio Valley elementary
schools as required by the High Priority Schools Grant Program. Fiscal
Impact: $180,000 Funding Source: High Priority Schools Grants Program
4. RECOGNITIONS
4.1 Recognition
of Improvement on the Academic Performance Index – Secondary Schools
Schools that exceeded statewide
standard of 800 and met all growth targets
School API
Diablo
View Middle 854
Foothill
Middle 880
Sequoia
Middle 867
Valley
View Middle 806
Northgate
High 823
Schools with ten point improvement or
more
School Growth
Olympic
High 114
Mt.
Diablo High 42
College
Park High 16
Sequoia
Middle 10
Riverview
Middle 10
5. PUBLIC COMMENT
Jack
Bean, parent and grandparent of a District student, voiced a complaint about
the signup procedures for enrolling kindergarten students at
6. COMMUNICATIONS
6,1 Student Representatives
Lindsey Lawson and Ashlie Parker, Clayton Valley; Hanna Kim
and Alexandra
6.2 Organizations
Mike Noce, president, MDEA, asked questions about Item 9.14,
“Criteria for Site and District Discretionary Block Grants” and said he hopes
“there will be plenty of teacher, employee, and community input” on the
discretionary funds. He said art, music, and PE teachers are anxious to have
some of the categorical money. In regard to Item 9.15, “Coach/Specialist” job
description, he thanked staff for pulling it from the agenda and said the
District needs to bargain with MDEA before adding job descriptions. He accused
the District leadership of acting unilaterally without consulting MDEA. He said
he hopes communication with MDEA will improve after the November election.
Noting that bargaining will take place next week in regard to a stipend for
certificated personnel at Decile 1-3 schools, he said MDEA has come up with a
proposal after rejecting the one from the District. He called attention to SB
1209, which would provide money for mentor teachers at Decile 1-3 schools. He
said the best incentive to attract and retain teachers is for the District to
provide competitive salaries. After it does, teachers would be willing to work
with the District on a parcel tax. In promoting salary increases, he accused
districts of colluding to keep teacher salaries low. In closing, he urged votes
for specific candidates for state and local office.
7. REPORTS/INFORMATION - None
8.
SUPERINTENDENT'S REPORT
McHenry,
commenting on the MDEA president’s comments, said District staff have not put
positions in place without job descriptions. He added that if Noce was
referring to “Resource Teachers,” the District has had a job description for
that position for years. He said he is hopeful to have better relationships
with all employee bargaining unit leaders. To that end, he has been meeting
monthly with employee unit leaders for
past two years.
Board comment Eberhart took issue
to the MDEA president’s allusion that the District is colluding with other
districts in terms of what is bargained with employees. In his 11 years on the
Board, he said, he has never once had a discussion on what other districts are
offering when the Mt. Diablo Board is setting its direction for bargaining.
9. BUSINESS
9.1 Appointment
of Director, Student Services
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 to appoint Susanne Chambers as Director of Student
Services, effective immediately.
9.2 Resolution
06/07-37 Native American Heritage Month – November 2006
Mayo moved, Allen seconded, and the
Board voted 5-0-0 to adopt Resolution 06/07-37, supporting the California
Department of Education’s designation of November as Native American Heritage
Month.
9.3 Public
Hearing for the Evaluation of the Proposed School Site in
Education Code 17211 requires that
before a site can be approved as the location for a new school, the local
school board must hold a public hearing for the purpose of evaluating the site
using standards developed by the California Department of Education.
Public hearing:
Mayo opened the public hearing at 8:53 p.m. With no requests to speak,
she closed the hearing.
9.4 Resolution
06/07-35 Evaluating Real Property for New School Site
Strange moved, Eberhart seconded, and
the Board voted 5-0-0 to adopt Resolution 06/07-35. As required by
Board comment
Eberhart asked for the criteria in locating the site relative to parks
and other amenities. Nicoll said there are no criteria as the area is presently
undeveloped.
9.5 Public Hearing Regarding Sufficiency of Textbooks and
Instructional Materials for 2006-2007 Pupil Textbook and Instructional
Materials Incentive Program and Williams Settlement Instructional Materials
Fund
The local governing board is required
to make an annual determination of the sufficiency of textbooks or
instructional materials, consistent with content standards adopted pursuant to
Education Section 60605.
Staff report
Curriculum and Instruction Director
Public comment/hearing (9:00-9:10 p.m.) Jerry Okendo, president of League of United
Latin American Citizens (LULAC), read a letter of complaint, taking issue with
the number of vacant teaching positions in the District, the use of “rolling
substitutes,” and his son’s receiving a computer disk (CD) for math before the
text arrived. Tara Kini, attorney with Public Advocates, Inc., co-counsel for
the Williams Settlement, criticized the resolution initially included in
tonight’s agenda for Board consideration. (Mayo
explained that the District received the complaint faxed by Public Advocates
earlier in the day and has changed the resolution accordingly. The amended
resolution will be read aloud and presented for Board approval following the
public comment/hearing.)
Board action
After reading the resolution, Eberhart moved, Allen seconded, and the
Board voted 5-0-0 to adopt Resolution 06/07-36, verifying the sufficiency of
textbooks and instructional materials.
9.6 Resolution 06/07-34 Regarding Designation of Specific
Material, Product, Thing or Service on Construction Projects
Eberhart moved, Treece seconded, and the Board voted 5-0-0
to adopt Resolution 06/07, designating specific materials and products to be
used on the HVAC Improvement Program Project, as permitted under Public Contract Code §3400. Four products are
listed: Carrier 48 PG Ultra High Efficiency Package Units; Team Air Custom
Furnace Enclosure; Carrier #58MVB Furnace and #24ACA3 Series Condensing Units
with 33CS Series Programmable Thermostat; and Mitsubishi City Multi System.
Fiscal Impact: Undetermined, could
reduce long-term costs. Funding Source:
Proposition 55 Funding.
9.7 Purchase of Four
(4) School Buses with Wheelchair Accommodations
Allen moved, Treece seconded, and the
Board voted 5-0-0 to approve the purchase from A-Z Bus Sales, Inc., of four
school buses (vans) to accommodate both ambulatory and wheelchair students,
piggybacking on the Waterford Unified School District Bid as per Public
Contract Code 20118. Fiscal Impact:
$249,645.32 Funding Source: Mandated Cost Reimbursement.
9.8 Create Four (4)
Districtwide Site Technology Support Technician II Positions
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 to approve the creation of four (4) Districtwide Site
Technology Support Technician II positions to meet the increasing needs for
technology support at school sites and departments. Fiscal impact for November
through June 2006 is $236,872. Fiscal impact for a full year is $300,576.
Funding Source: Routine Restricted
Maintenance
Board comment
Eberhart said he would like staff to come up with ways to determine the
support personnel needs of the District, noting that there are formulas for
teachers and administrators and should be ones for other needs as well.
9.9 Request to Create
Two Groundskeeper Positions
Allen moved, Strange seconded, and
the Board voted 5-0-0 to approve the creation of two Groundskeeper positions.
Fiscal Impact: Funding for two Sprinkler Technician positions will be changed
from the General Fund to the Restricted Maintenance budget, enabling the
District to finance the Groundskeeper positions under the General Fund. Fiscal
Impact: A net savings of $31,035 to the
General Fund. Funding Source: General
Purpose budget (Program Code 5360).
9.10 Proposal
to
Strange moved, Eberhart seconded, and
the Board voted 5-0-0 to increase the current hourly rate for School Bus Driver
Trainees from $6.75 to $12.00/hour in an effort to enhance recruitment. Fiscal
Impact: $6,540 Funding Source: General Fund
9.11 Elimination of One (1) Vacant Account Clerk Position and
the Creation of One (1) Program Analyst Position
Treece moved, Allen seconded, and the
Board voted 5-0-0 to eliminate one vacant Account Clerk position and create one
Program Analyst position. The action addresses the recommendations set forth in
the Fiscal Crisis and Management Assistance Team (FCMAT) report of March 2006.
Local One, Clerical, Secretarial, Technical (CST), Unit was advised of this
requested change. Fiscal Impact: The
increased cost for the remainder of 2006-2007 is $14,231. The increased cost
for the full year is $21,288. Funding Source:
General Purpose
Board comment
Eberhart asked for an update on the process to fill the recommended
position of Project Manager to oversee the whole Personnel/Payroll system
improvement project. McHenry said staff interviewed one candidate and he has
talked to some others. It is proving difficult to find someone with expertise
in both Personnel and computer technology who is willing to commit to an
18-month project. He said that many of the recommended positions, such as the
one for workers compensation, are needed whether or not there is a Project
Manager in place.
9.12 Create 3.0 Full-Time Equivalent (FTE) Coordinator, Student
Services 6-8 Positions and 9.0 Full-Time Equivalent (FTE) Coordinator,
Student/Community Services, 9-12
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 to create 3.0 full-time equivalent (FTE) Coordinator,
Student Services, 6-8, positions and 9.0 FTE Coordinator, Student/Community
Services, 9-12, positions to implement the Supplemental School Counseling
Program established in the 2006-2007 state budget. Fiscal Impact: $802,389 ($196,230 for Grade 6-8; $606,159
for Gr. 9-11) for November 2006 through June 2007. Full year cost is estimated
to be $1,198,742. Funding Source:
Supplemental School Counseling Program. Funding is calculated at $70 per
7th-12th grade pupil based on the 2005 CBEDS enrollment.
Total allocation expected for 2006-2007 is $1,162,060 and the funding is
expected to be ongoing. Costs over and above State allocation can be augmented
by Categorical Funds for Academic and Career Counseling. There is no impact to
the General Fund.
Staff comment
McHenry told the Board that the positions won’t be filled until the
District receives the money from the state. Tonight’s Board action allows the
positions to be posted so the District will have some candidates when the money
arrives.
9.13 Approval
of Adult Education Course Titles for 2006-2007
Allen moved, Strange seconded, and
the Board voted 5-0-0 to approve the list of course titles, including those for
career technical education, offered by the Adult Education program. The
California Department of Education requires that course titles be approved
annually. Fiscal Impact: These courses
earn
9.14 Consider
Approval of Criteria for Site and District Discretionary Block Grant
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 to approve criteria for district and school site
discretionary block grants, two of the areas funded as part of the State Budget
Act. It is estimated that the district will receive approximately $19 per
Sites
•
Instructional
materials
•
Classrooms
and laboratory supplies and materials
•
Classroom
and school library materials
•
Deferred
maintenance
•
Technology
•
Expenditures
that would close the achievement gap
•
Professional
development
District
•
Instructional
materials
•
Classroom
and laboratory supplies and materials
•
Classroom
and school library materials
•
Deferred
maintenance
•
Technology
•
Expenditures
that would close the achievement gap
•
Professional
development
•
Home
to school transportation
•
One-time
fiscal obligations of school districts
Fiscal Impact: $1,947,568. Presented as information at the
October 10 meeting, this item was returned for action at this time.
Board comment
In response to Eberhart, McHenry said the criteria presented to the
Board for approval “come directly from the law.”
9.15 Job
Description for Coach/Specialist (Teacher on Special Assignment)—PULLED
9.16 Reorganization
– Curriculum and Instruction Department
Allen moved, Treece seconded, and the
Board voted 5-0-0 to approve the reorganization plan for the Curriculum and
Instruction Department, designed to make it function more cost effectively and
to consolidate work with school sites. Fiscal Impact: $39,595
Funding Source: Categorical
Programs: Title I, EIA, Title II. There is no impact to the General Fund.
Presented as information at the October 10 meeting, this item was returned for
action at this time.
Board comment
Allen says he has been hearing in recent conferences that one way to
improve finances is to make better use of categorical funding. He said, “I
think this (reorganization) is a good plan.”
9.17 California
Department of Education (CDE) Waiver Request of Innovative Programs
Treece moved, Eberhart seconded, and
the Board voted 5-0-0 to allow District staff to request a waiver from the
California Department of Education (CDE) so MDUSD can include Building
Effective Schools Together (BEST) as a scientifically-based research program
for student support and enhancement of school climate. There is no impact to
the General Fund. Presented as information at the October 10 meeting, this item
was returned for action at this time.
9.18 Revision
to Board Policy and Administrative Rule 5125.1, Release of Directory
Information
Eberhart moved, Allen
seconded, and the Board voted 5-0-0 to adopt revised Board Policy 5125.1 and AR
5125.1, “Release of Student Directory Information” to district/school
affiliated groups.
9.19 Board
Policy and Rule 6164.2, Supplemental School Counseling Program
Recently adopted state legislation,
AB 1802 and SB 131, created a Supplementary School Counseling Program for 7th
through 12th grade students and allocated funding to implement it.
The program requires school districts to develop a program to identify “at
risk” students and provide counseling services to them. Board Policy and
Administrative Rule 6164.2 have been revised to meet current law and to
implement this program. (The District’s plans call for using the $1,162,060
MDUSD will receive to hire Student Services Coordinators to provide the
counseling services. Funding Source:
Supplementary School Counseling Program. Funding is calculated at $70
per Grade 7-12 pupil based on 2005-06 CBEDs enrollment.) Presented as
information at this time, this item will be returned for action at a subsequent
meeting.
9.20 Resolution
06/07-39 In Support of Proposition 1D
Eberhart moved, Strange seconded, and
the Board voted 5-0-0 to adopt Resolution 06/07-39, supporting Proposition 1D,
a statewide facilities improvement bond initiative on the November 7, 2006,
ballot. If passed, it would provide more than $7 billion for improvement to
Kindergarten through 12th grade education facilities and an
additional $3 billion for higher education facilities.
10. BOARD REPORTS
Allen said he is pleased with
Connect-ED, the new parent notification system, which has been used
successfully to contact parents about recent events. He called it “a good
investment.”
Strange said the Appellate Court
Argument that took place at Mt. Diablo High on October 12 was “a great
experience for the students and the school.” He also enjoyed attending the
Celebration of Success at Concord High on October 19 recognizing Special
Education students who have achieved success.
Eberhart, noting that this is the
last meeting before the national election, remarked that many issues on the
ballot are important to students and to the community. He is looking forward to
a change in
Treece enjoyed visiting Mt. Diablo
High teacher Steve Seaman’s Construction Technology event last Wednesday, where
representatives from a full range of apprenticeship programs and manufacturing
interacted with students. The Intel-Affiliated Contra Costa Science and
Engineering Fair will be held March 22-24, 2007. Industry partners and teachers
are already helping middle and high school students integrate technology into
their science curriculum and prepare for the science fair. Teachers Karen Kelly
of Clayton Valley High and Frank Redle of Concord High and Curriculum
Specialist Pat Cleaver are providing training for teachers to incorporate
science fairs into the core curriculum. Parents and students also involved.
Mayo thanked Parent Liaison Melody
Royal, Psychologist Jerry Zimmerman and Special Education Director Melinda Hall
for their role in the recent Celebration of Success. She enjoyed participating
in a lively discussion at the Safe and Drug Free Schools Task Force meeting
last week. She announced that tomorrow, October 25,
11. ADJOURNMENT Mayo adjourned the meeting at 10:12 p.m.