BOARD MEETING: January
22, 2008
ATTENDANCE: Board: April Treece,
Administrative Staff: Superintendent
1.
CALL TO ORDER: 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 at the
Extend timeline
Strange moved, Allen seconded, and the Board voted 5-0-0 to
grant a second extension of the timeline for a hearing in the case of a middle
school student.
Readmission
Allen moved,
Strange seconded, and the Board voted 5-0-0 to approve the readmission of nine
students.
2.
RECONVENE OPEN SESSION: The Board returned to Open Session
in the Board Room at 7:30 p.m. President Treece called for a Moment of Silence in
memory of Gordon Spangler, long-time custodial supervisor, most recently at the
Loma Vista campus, and co-president of the Supervisory Unit, who died
unexpectedly on January 10. Following the silence Treece shared words from the
memorial service, saying, “We heard that Gordon was a hero to many. He was
big-hearted. . . a mentor, a cheerleader, a teacher, a leader. . . a good
worker, a beloved employee. He brightened the days of students and staff alike.
He was committed to excellence in everything he did.” She dedicated the
evening’s meeting to his memory. She then led the Pledge of Allegiance to the
Flag and reported the items discussed and actions taken in Closed Session.
Expulsions
Student 18-08: Strange
moved, Allen seconded, and the Board voted 5-0-0 that Student 18-08 be expelled
from all schools programs of the
Student 19-08: Mayo moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 19-08 be expelled from all schools programs of the
Student 20-08: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 20-08 be expelled from all schools programs of the
Student 21-08: Eberhart moved, Mayo seconded, and the Board
voted 5-0-0 that Student 21-08 be expelled from all schools programs of the
Student 22-08: Mayo moved, Strange seconded, and the Board
voted 5-0-0 that Student 22-08 be expelled from all schools programs of the
Student 23-08: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 23-08 be expelled from all schools programs of the
Student 24-08: Eberhart moved, Mayo seconded, and the Board
voted 5-0-0 that Student 24-08 be expelled from all schools programs of the
3.
CONSENT AGENDA
Allen moved, Strange seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following:
3.1 Minutes of
the meeting of December 11, 2007.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Resolution 07/08-49 Variable Term Waiver Request
Adopted Resolution 07/08-49 authorizing James Daulton to
apply for a Variable Term Waiver, giving him additional time in 2007-08 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.
3.2.3 Decrease in Full-Time Equivalent Position (FTE) for
the 2007-08 School Year
Decreased 1.20 FTE in a Title I and .40 in a School
Improvement Program position at
3.2.4 Change in Funding for Full-Time Equivalent Position
(FTE) for the 2007-08 School Year
Deleted 11.83 FTE positions from the General Fund budget and
added them to the Categorical Fund budget for Economic Impact Aid-Limited
English Proficient (EIA-LEP). The amount transferred is $929,128. This action
for the 2007-08 school year only.
3.2.5 Reduce General Purpose Fund Expenditures
Deleted 3.63 FTE from the General Fund budget and added them
to the Categorical Fund budget as follows: 2.32 in the amount of $137,302 to the
Title III Program and 1.31 in the amount of $76,829 to Economic Impact
Aid-Limited English Proficient. This action for the 2007-08 school year only.
3.2.6 Resolution 07/08-53 Provisional Internship Permit
(PIP) Request
Adopted Resolution 07/08-53, authorizing James Daulton to
apply for a Provisional Internship Permit (PIP) in order to complete his
assignment for the 2007-08 school year.
3.2.7 Resolution 07/08-54 Education Code 44258.3 – Board
Authorization
Adopted Resolution 07/08-54, authorizing Thomas Duffy, who
holds a
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations, Retirements,
Employment
3.3.2 Creation of a Part-Time Community Service Assistant
for
Created a part-time, 10-hour/week, school-day-only,
Community Service Assistant position at
3.4 Monthly Budget
Transfers and/or Budget Increases/Decreases for the Month of December 2007
3.5 Fiscal
Transactions for December 2007
3.6 Budget Calendar
for 2008-09
Approved a calendar of major budget development activities to
ensure that the District complies with Education Code 42127, which requires the
Board of Education to adopt a budget for the 2008-09 school year and submit it
to the
3.7 Grant
Application Requests
3.7.1 City of
Approved submittal of an application to the City of
3.7.2 Nell Soto Parent/Teacher Involvement Program Grant
Approved submittal of an application to the California
Department of Education for a $35,000 Nell Soto Parent/Teacher Involvement
Program grant. There is no impact to the General Fund. Funding Source: California Department of Education.
3.7.3 Elementary and Secondary School Counseling Program
Grant
Approved submittal of an application to the U.S. Department
of Education for a three-year $1,050,000 grant to provide school-based
counseling and mental health services to students. There is no impact to the
General Fund. Funding Source:
3.8 Adult
Ed/Instructional Garden Project Grant at
Accepted a $3,879 grant from the City of
3.9 Contract
with the Marine Science Institute to Provide the Discovery Voyage Program Aboard
the Research Vessel Brownlee
Approved $38,550 contract for the Marine Science Institute
to provide the Discovery Voyage Program aboard the research vessel Brownlee to
the 5th grade students for the 2007-08 school year. Fiscal
Impact: $38,550 Funding Source: General Purpose – Budget Code 3947 (money is
already budgeted)
3.10 Award
of Inspector of Record (Project Inspector) Contract
Awarded contract not to exceed $136,000 to Paul Lucido
Inspection Services to inspect and approve the installation of the new heating,
ventilation and air conditioning systems at Concord High, Oak Grove Middle, and
Bel Air and Rio Vista elementary schools. Funding Source: Proposition 55 funding
3.11 Award
of Bids
3.11.1 Award of Bid 1490 to Meehleis Modular Buildings, Inc. in the amount of
$566,218 to provide the prefabricated modular restrooms at Mt. Diablo
Elementary and
3.11.2 Award of Bid 1494 to Meadows Construction Services, Inc. in the amount
of $635,000 to provide the site work – increment #1 – additional classrooms at
Olympic High School. Funding Source:
Proposition 55
3.11.3 Award of Bid 1496 to Planned Environments, Inc. in the amount of
$125,000 to provide engineered wood fibar removal and replacement at various
district sites. Funding Source: 5505
Capital
3.12 Contract
Amendment #7, Harlan Krusemark, Architect
Contract amendment #7 in the amount of $900 to Harlan
Krusemark, Architect. Amendment is for the redesign of the parking lot at
3.13 Intermediate
Change Order to Bid 1443, Contract C-849
Intermediate change order in the amount of $49,622.34 to Bid
1443, Contract C-849, Arntz Builders, Inc., for assorted projects at Sunrise,
Shadelands, and Dent Center. Funding Source:
Measure C
3.14 Notices
of Completion
3.14.1 Notice of Completion to Purchase Order 43779, Request
for Quotation 1472,
in the amount of $83,655 to Engineered Facility Equipment, Inc., for the locker
replacement at
3.14.2 Notice of Completion to Service Agreement with
Johnson Controls, Inc. in the amount of $6,418,293, for the replacement of the heating,
ventilation and air conditioning system at Northgate High; the installation of
lighting improvements at thirty (30) district sites; the addition of energy conservation
controllers on vending machines at fourteen (14) sites; the retrofit of
domestic hot water heaters at six (6) high schools, and the installation of trash
compactors at five (5) sites. Funding Source:
Deferred Maintenance, rebates from PG&E and matching state funds
3.15 Independent
Service Contract with Steve Zuieback
Approved a $30,000 contract with Steve Zuieback to present “Facilitation
Skills in Chaotic Times,” a training to develop leadership capacity. This
contract is budgeted and funded within the General Fund.
3.16 Contract
between Mt. Diablo Unified School District and The Speech Pathology Group for
Speech Language Pathologists Services at
Approved a $68,000 contract with The Speech Pathology Group for a speech-language pathologist (SLP) to provide
services at El Dorado Middle School for two days a week and at Sunrise Center
and Sequoia Middle School for four days a week for two months and then two days
a week for the remaining months. The contracted services are necessary due to the continuing inability to
hire qualified speech pathologists to fill all vacancies and the need to meet
student Individualized Education Program (IEP) requirements. This contract replaces several others
for SLP services that have been terminated. The $68,00 cost is less than the
$71,841 of unspent allocations in those contracts. Funding Source: Related
Services Other Specialized – Operating Budget (1219).
3.17 Memorandum
of Understanding with Contra Costa Health Services for the Contra Costa
Automated Immunization Registry (CCAIR)
Approved a Memorandum of Understanding with Contra Costa
Health Services to allow participation by Student Services staff, including
nurses, in the Contra Costa Automated Immunization Registry (CCAIR). There is
no impact to the General Fund.
4.
RECOGNITIONS: National Board
Certification
On behalf of the Board, President Eberhart presented
certificates of appreciation to two teachers who have just earned National
Board Certification: Lorena Cueva Stiles of Meadow Homes Elementary School and
Janis Realegeno of Concord High School.
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
(time limit – 3 minutes)
Strange said he came onto the Board almost two years ago to
make a difference for all students. To that end, he believes the District can
and should “make changes to move us away from incremental improvement in
student achievement and to allow us to make significant strides in student
performance.” He also believes that payroll problems, low employee morale, and
the lack of a strategic plan and a comprehensive communications strategy have
reduced the District¹s ability to secure a parcel tax to meet revenue needs. He
remarked that “the performance of our District and its leadership is a
legitimate public concern” and that the superintendent, by accepting his public
office, “invites and is properly subject to public criticism so far as it
relates to his fitness and qualifications for his office.” He said, “It is now
time to take the issues this District faces head on and focus on fundamental
change to drive student achievement in our district. To do so, I believe we
need to signal to the community that we are embarking on a new effort. . . To
be successful in this effort, there must be a change in the leadership of the District.
The obstacles to success . . . will be more easily overcome by a new
superintendent with a fresh start. Accordingly, I am asking this Board to join
me in calling for the superintendent¹s resignation.”
Allen said, “I thought we had evaluated the superintendent, but
I guess we haven’t.” Referring to a recent MDEA resolution listing criticisms
of the superintendent, he said the legal fee issue is under investigation, so
he cannot comment. The IFAS (the financial and personnel/payroll system)
software was purchased before McHenry came to the District and was approved by the
Board, which includes three current members (Treece and Strange were not yet
members). He believes the District is moving ahead satisfactorily on student test
scores, with students taking part in advanced courses, and with the number of
graduates. He agrees that there have been problems with payroll, but noted that
the “payroll does not stand alone.” Other departments are involved, and
everyone is human. He said that no one wants payroll errors, but they occur in
most companies, citing an example in his wife’s organization. He said, “I think
Mr. McHenry taking a lot of heat for things that this Board is partially
responsible for, too.” He then announced a number of Concord Chamber of
Commerce events: the Mayor’s luncheon on January 29; the crab feed on February
22: the BEST Program, which has been changed from a shadowing activity to a
conversation between educators and business people, on February 28; and the
Chocolate Festival on March 9.
Eberhart
said the District is facing multiple crises: unacceptable levels of academic
achievement, stalled contract negotiations, employee morale at all-time low,
and failures of fundamental District systems such as payroll, budgeting, and
customer service. The issues are “becoming an insurmountable impediment to our
students¹ ability to achieve and advance,” he said, particularly in “a culture
that does not demand significant changes in the face of significant challenges.”
For the District to be proactive, to have a sense of rejuvenation and hope, “fundamental
change at the highest level of the school district” is necessary. He said “renewal
requires at least” the following:
•
A
clear moment of delineation to signal transition from this time of status quo
to an era of hope for student achievement
•
Dedication
to the principles of long-range strategic planning
•
Fundamental
shift in how we discuss the strengths and weaknesses of the District
•
The
willingness to recognize, admit and embrace our failures and capitalize on
lessons learned from those failures
•
Partnership
with employees as we move the District forward
•
An
unabated passion for the education and success of each and every student
•
Unwillingness
to stand for mediocrity in student, administrative, and employee achievement
•
Consistent
and timely communications strategy
He said
it¹s time to “select a leadership team that will ensure the success of our
school district. Only a district that is open to innovation and change
maintains its relevance and usefulness.” Explaining his call for change, he
said, “I have worked internally within the system for years to try to bring about
a shift in expectation and innovation within the management team of the
district. Working within the system has not brought about the change necessary
to make a significant difference. Because of the responsibilities I have as a
Board member to our school district, students, and employees, I must ask that
the Board of Education join in requesting that the superintendent resign. . .
so that we can deal with the challenges we face now and in the future.
Decisions such as these define us as leaders. I am unwilling to pretend that
the status quo is a viable solution to the challenges we face now and in the
future.”
Mayo reported on visiting Cambridge Elementary, where she
observed “teachers teaching in the moment, involved in the cycle of inquiry.” Calling
Treece, saying that MDUSD continues to be honored at the statewide
level, announced that the California Association for Bilingual Education (CABE)
has named
5.3 Issues of Concern
6.
PUBLIC COMMENT
7.
COMMUNICATIONS
7.1 Organizations
8.
REPORTS/INFORMATION: Coordinated School Health
Student Services Director
•
Family
and community involvement
•
Comprehensive
school health education
•
Physical
education
•
School
health services
•
Nutrition
services
•
Counseling
and psychological social services
•
Healthy
school environment
•
School
health promotion for staff
The goal is to fulfill young people’s overall health needs
so students can be in the classroom learning and achieving.
In October 2006 the District was selected to participate in
the Coordinated School Health Leadership Institute at
Board comment Treece said this
initiative sounds more like an attitude than a program and asked what resources
are needed. Tobias said the program will not initially cost more money. The
work to date has been to look in a different way at what’s already being done.
As funding becomes available, she said, informational materials and training
would be added. That funding would come from outside resources such as grants
and volunteer support and labor for the school gardens.
9.
SUPERINTENDENT'S REPORT
McHenry made the following statement in response to the
calls for his resignation.
“Has anything that you’ve done made your life better? Has anything that you’ve
done made the lives of other people better? I can tell you that in my 60 years
I’ve done many things that have made my life better and I’ve done many things
to make the lives of others better. I have a contract with this Board of
Education as superintendent of this district and, no I am not resigning. If the
Board does not think that I have the capacity to provide the leadership, you
have the right to call a closed session. Let’s negotiate the terms of a buyout
and I can move on. I don’t need to be subjected to public ridicule and all the
people getting up here and making those statements. Because the people who [make
those statements], they don’t know me as a person and they certainly don’t know
the work that I’ve done and contributions that I’ve made to the children I’ve
served over a 30-year career. So, no, I won’t be resigning. I’m going to
continue as superintendent of this district until I either terminated, bought
out, or my contract expires in 2010.”
10.
BUSINESS
10.1 Report
and Discussion of 2008-09 Proposed State of
•
The
Governor has declared a “fiscal emergency” under Proposition 58, triggering the
following:
•
The
Legislature is now called into Special Session to deal with the Budget crisis.
•
The
Governor must submit a plan to address the Budget imbalance.
•
The
Legislature must adopt a plan to address the problem by March 15 (that is,
within 45 days of the declaration) ;otherwise it may not act on any other
legislation and it may not adjourn.
•
The
plan must be adopted by a two-thirds vote of the Legislature, allowing the
savings to take effect immediately.
•
Governor’s
proposal calls for 2008-09 funding to be about $1.8 billion less than current
year, equal to average cuts of:
•
$129
per Average Daily Attendance (
•
$30
per
•
$146
per
•
Total
loss of about $305 per
•
Updated
MDUSD Revenue Projections (Numbers in
Millions)
2007-08 2008-09 2009-10
January 8, 2008 $292.1 $301.7 $307.6
Governor’s Budget 291.1 284.4
291.2
Loss $ (1.0) $ (17.3) $ (16.4)
•
MDUSD
Updated Unappropriated Balance
Includes Board Reductions through January 8, 2008 (No salary increases)
•
2007-2008
($ 1,013,675)
•
2008-2009 ($
14,014,395)
•
2009-2010 ($
24,762,346)
•
District
Budget Timeline: Do not know when the State Legislature will act on the state
budget. It could be as soon as March 15 or by the annual Governor’s May Revise,
or not until the Legislature adopts the budget in the summer. Meanwhile, the
law requires school districts to adopt their 08-09 budget by June 30.
Board/staff comment Strange noted that
prior to the Governor’s declaring this fiscal crisis, the Board had set about
cutting the District budget by up to $6 million to provide increased
compensation to employees. He has long been saying that the District needs a
change in revenue, that is, a parcel tax. The District is now facing a $24
million deficit at end of the next three years. Eberhart recalled that the
Board had to cut $14 million over a three-year period, and that was a painful
process for everyone. Under the current conditions, that amount would have to
be cut in one year. He expressed hope that when the Legislature’s budget debate
ends, it will have convinced the Governor to back away from such drastic cuts. He
doesn’t expect to have that budget picture until August, yet the Board must
adopt a District budget in June, so planning must be done with the information
at hand. He said everyone needs to put aside their differences and work
together on this project. Treece commented that the District does not run on
hope. “We must use what we are given by the state and the Governor.”
McHenry explained the process staff is using to address the
crisis. He has called for a freeze on all expenditures except the essentials. In
negotiations, the District cannot afford the compensation offers already made,
so they must be put on hold. Staff must come up with an estimated cost of
positions and determine what can and cannot be reduced. They are going through
departmental budgets and will also be looking at programs, such as elementary
and secondary vice principals and setting staffing at contractual ratios (i.e.
no small classes). To achieve $14 million in reductions, as many as 300
positions, or 10 percent of workforce, would have to be cut. He hopes to have
the beginnings of an updated list of proposed reductions by the first Board
meeting in February. He said education leaders statewide are hoping for a
compromise in the amount listed to be reduced next year; the total will be
devastating to student programs. Without more information, he said, “We must be
prepared to reduce expenditures to get to an amount that will assure a balanced
budget.”
Public comment Gracie Vega, community
member, suggested changing from a five-day school week to a four-day one. She
said other districts have done it and saved money. Debbie Birnbaum, teacher, said
every job in the District is important. A parcel tax seems to be the only
logical solution to the revenue problem. She asked how she and others can restart
the process to pass a parcel tax, acknowledging that it’s essential to get MDEA
on board.
10.2 Appointment
of Administrator, Coordinated School Support
Strange moved, Mayo seconded, and
the Board voted 5-0-0 to appoint Carmen Garces as Administrator, Coordinated
School Support, effective as soon as she can be released from her current
contract in the Antioch USD.
10.3 Resolution
07/08-50 African American History Month – February 2008
Mayo moved, Strange seconded, and
the Board voted 5-0-0 to adopt Resolution 07/08-50, acknowledging the
California Department of Education’s designation of February 2008 as African
American History Month and recognizing the many contributions made by African
Americans to the American Heritage.
10.4 Resolution
07/08-51 In Appreciation of the Black Families Association of
Allen moved, Strange seconded, and
the Board voted 5-0-0 to adopt Resolution 07/08-51, recognizing the Black
Families Association of Contra Costa County for over 30 years of service to the
community. Allen introduced members of the Black Families Association attending
the Board meeting: Ralph Griffin, Frank Cooper, and Eizo and Mary Kobayashi. Allen
announced that the association’s annual scholarship dinner will be held on
February 23.
10.5 Resolution
07/08-52 Elimination and Reduction of Classified Positions
Mayo moved, Allen seconded, and the
Board voted 4-1-0 (Eberhart, no) to adopt Resolution 07/08-53, eliminating the
following positions, effective March 14, 2008, due to program modifications and
budgetary limitations:
Number Title Location
1.0 Custodial Leadworker II Roving Crew
1.0 Custodian PM Roving
Crew
1.0 Custodian PM Roving
Crew
0.2 Special Ed. Assistant
(vacant) Districtwide
10.6 Board
Committee Assignments
Treece announced that she has not yet made Board committee
assignments for the period of January 1, 2008 through December 31, 2008, and
will have them available by the next meeting.
10.7 Adopt
Job Description and Create Position for Fire Systems Technician
Strange moved, Eberhart seconded,
and the Board voted 5-0-0 to adopt the job description and create the position
of Fire Systems Technician to provide regularly available in-house programming
on fire alarm panels. There is no impact to the General Fund. Fiscal Impact: $2,060
increase to the Restricted Maintenance Account for 2007-08 fiscal year and
$4,945 for a full year. Presented as information at the meeting on January 8,
this item was returned for action at this time.
10.8 Board
Policy 5030 Student Wellness
Eberhart moved, Allen seconded, and
the Board voted 5-0-0 to adopt Board Policy 5030, “Student Wellness.” The
federal Child Nutrition and Women, Infants, and Children Reauthorization Act of
2004 mandates that each district participating in the National School Lunch
Program or any program in the Child Nutrition Act of 1966 including the School
Breakfast Program, adopt a districtwide school wellness policy with specified
components. Presented as information at the January 8 meeting, this item was
returned for action at this time.
11.
ADJOURNMENT
Treece closed the
meeting in honor of Gordon Spangler, an honored member of the school community,
at 9:45 p.m.