BOARD MEETING: March 11, 2008
ATTENDANCE: Board: April Treece,
Administrative Staff: Superintendent
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
Allen moved, Eberhart seconded, and the Board voted 5-0-0 to approve staff’s recommendation to readmit 4 students and deny readmission to 8 students who did not meet conditions.
Public Employee Discipline/Dismissal/Release/Complaint
Strange moved, Mayo seconded, and the Board voted 5-0-0 to non-re-elect the following certificated employees: #23876, #15057, #24572, and #24363.
RECONVENE OPEN SESSION: The Board returned to Open Session
in the in the Multi-Use Room at
Student 35-08: Eberhart moved, Strange seconded, and the Board voted 2-3-0 (Allen, Mayo, Treece, no; motion did not pass) that Student 35-08 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 35-08 may apply for readmission after June 2009 and that the expulsion be suspended and a placement be determined by MDUSD administrative staff that best meets the needs of the student and the school district. It is required that Student 35-08 participate in individual counseling, community service, the COPS program, drug testing, and show evidence of a successful school experience, prior to applying for readmission. Mayo said she could support the suspension of the expulsion as it’s presented because she believes “we must treat our students in a similar fashion in situations such as this.” Mayo then moved, Allen seconded, and the Board voted 3-2-0 (Eberhart, Strange, no) that Student 35-08 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 35-08 may apply for readmission after August 15, 2008. It is required that Student 35-08 participate in individual counseling, community service, the COPS program, drug testing, and show evidence of a successful school experience, prior to applying for readmission.
Student 36-08: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 36-08 be expelled from all schools programs of the
Student 37-08: Mayo moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 37-08 be expelled from all schools programs of the
Treece then announced the action taken in Closed Session.
3. CONSENT AGENDA
After removing Items 3.5, 3.9.1, 3.11, and 3.14 at Strange’s request for further discussion, Strange moved, Mayo seconded, and the Board voted 5-0-0 to approve the remaining items:
3.1 Minutes of the meetings of February 12, 2008.
3.2 Certificated Personnel
3.2.1 Leaves of Absence, Resignations, Retirements, Employment
3.2.2 Resolution 07/08-68 Variable Term Waiver Requests
Adopted Resolution #07/08-68 authorizing Kevin Fordon and Stacey Vatour to apply for a Variable Term Waiver, giving them additional time in the 2007-08 school year 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
3.2.3 Assembly Bill 948 – STRS Post-Retirement Earnings Limitation
Approved an exemption of up to two years from the STRS post-retirement earnings limitation for retired employee Carl Toliver, who is filling a vacant High School Principal position. There is no impact to the General Fund.
3.3 Classified Personnel
3.3.1 Leaves of Absence, Resignations, Retirements, Employment
3.3.2 Amend Layoff Date for the Director of Budget and Accounting Position
Approved changing the effective date for the elimination of the Director of Budget and Accounting position from April 11 to April 15, 2008. The Board adopted Resolution 07/08-64, eliminating the position, at its February 25 meeting.
3.4 Agreement with Jack Schreder & Associates
Approved agreement with Jack Schreder & Associates to prepare a developer fee justification study. Fiscal Impact: $13,350 Funding Source: Developer Fees
3.5 Change Order to Contract with Service Pro Security for Security Guard Services—See “Separate Action” below
3.6 Amendment No. 2 to Contract with Charles Ham Associates for Architectural/Engineering Services for the Measure C Program/Dent Education Center
Approved amendment No.2 in the amount of $5,251 to the
contract with Charles Ham Associates for design services related to the Measure
C construction projects at the
3.7 Amendment No. 8 to Contract with Nacht and Lewis for Architects/Engineering Services for the Measure C Modernization Program and for the Proposition 55 Heating, Ventilation, and Air Conditioning Improvement Program
Approved amendment No. 8 in the amount not to exceed $8,300 to contract with Nacht and Lewis Architects/Engineering Services for the heating, ventilation, and air conditioning improvement program funded by Measure C and Proposition 55. Amendment is to revise design of electrical power and low wattage for interim housing units at Concord High and Oak Grove Middle. Funding Source: Proposition 55 funds
3.8 Award of Inspector of Record (Project Inspector) Contract to Mathew Kelly
Awarded Inspector of Record contract in the amount not to
exceed $12,500 to Mathew Kelly to inspect and approve the removal and
installation of fire protection devices and reprogramming of fire alarm control
panels at Bancroft, Holbrook, and
3.9 Award of Contracts
3.9.1 Award of Contract to Consolidated Engineering Laboratories—See “Separate Action” below
3.9.2 Award of Contract to PHd Architects in the amount not to exceed $6,000 for architectural/engineering services for the design of new partition walls in pod buildings at Hidden Valley Elementary and El Dorado Middle. Funding Source: Deferred Maintenance Funds
3.9.3 Award of Contract to PHd Architects in the amount not to exceed $12,000 for removal and in-fill of skylight systems at Strandwood Elementary. Funding Source: Deferred Maintenance Funds
3.9.4 Award of Contract to H and M Mechanical Group in the amount not to exceed $15,000 for professional mechanical design services for the replacement of the natural gas services and distribution system at Sequoia Elementary and Sequoia Middle. Funding Source: Deferred Maintenance Funds
3.10 Award of Bids
3.10.1 Award of Bid 1500 to Galedrige Construction in the amount of $179,025 to provide
the access road renovation at
3.10.2 Award of Bid 1501 to D & D Pipelines, Inc. in the amount of $239,000 to provide
the fire line laterals at
of Maintenance and Repair Fund for the Jack De Rieux Little Theater at
3.12 Independent Services Contract with MAAT Consulting Services
Awarded independent services contract in the amount not to exceed $42,500 with MAAT Consulting Services to provide coaching to site administrators and staff in the areas of cultural competency, differentiated instruction, and parent engagement toward the District’s goal of closing the achievement gap. Fiscal Impact: Existing contract $22,500; new contract $20,000. Funding Source: Categorical and grant funds: Pre-Intervention Grant – 1901, $10,000; Title I (site based) – 3070, $10,000; Drop out Prevention and Recovery (on existing contract), $22,500
Application Request –
Approved submittal of an application by Mt. Diablo Adult
Education to the Pleasant Hill Community Foundation for a $958 grant. There is
no impact to the General Fund. Funding Source:
3.14 Legal Service Contract between Mt. Diablo Unified School District and Olson, Hagel & Fishburn, LLP—See “separate Action” below
3.15 2008-2009 School Calendar
Approved draft of the 2008-09 school calendar, which was approved by the Mt. Diablo Education Association (MDEA) and shared with all bargaining units and department heads.
3.5 Change Order to Contract with Service Pro Security for Security Guard Services
The Board was asked to approve an additional expenditure of $196,000 in this year’s budget to Service Pro Security. On November 28, 2006, the Board awarded a one-year contract, with an option for two additional one-year extensions, to the firm for $103,369.75 per year to provide security guard services at school sites after hours and on weekends. Increasing needs for security, especially for “standing guards” at some schools, have increased costs for this service. The amount being requested will increase the original contract value to $299,369.75
Board/staff comment Strange noted that the
request is to increase this contract threefold and expressed concern that this
cost is going up while the Board is being asked to reduce campus supervisors’
hours and vice principal positions. He said the District should go out for
additional bids to see if the service can be provided at a lower cost.
Board action Strange then moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no) to approve a change order in the amount of $196,000 to Service Pro Security, for the provision of security guard services. Funding Source: $234,000 from Building Security Budget; $65,000 from General Fund.
of Contract to Consolidated Engineering Laboratories related to the construction
of new classrooms at
Board comment Strange said he’s heard rumors that funding for QEIA may be cut and is concerned that District not commit to a project for which it may not receive funds. McHenry said the money for this project has been received. The classrooms are needed to accommodate class size reduction that future QEIA funding would finance.
Board action Strange moved,
Allen seconded, and the Board voted 5-0-0 to award a contract not to exceed
$52,400 to Consolidated Engineering Laboratories for material testing and
inspection services related to the construction of new classrooms at
of Maintenance and Repair Fund for the Jack De Rieux Little Theater at
With no budget for the replacement, repair, and upgrade of
equipment for the Jack De Rieux Little Theater at
Board comment/action Strange said he wanted to highlight this item so the community would know that the District is doing what it can to recover costs to maintain the theater by raising rental fees. He then moved, Allen seconded, and the Board voted 5-0-0 to increase the fee for use of the facility to be comparable to rates charged similar facilities. Fiscal Impact: $140 per 4-hour block use for Group III; $300 per 4-hour block use for Group IV.
Following the vote, Mayo asked if security has improved for the Little Theater. She noticed during the Board meeting there on March 4 that a window to the sound system had been left open. Nicoll said security has been increased.
3.14 Legal Service Contract between MDUSD and Olson, Hagel & Fishburn, LLP
The law firm of Olson, Hagel, & Fishburn, LLP has been providing legal services for the District’s appeal of the 2005-06 audit finding in regard to its compliance with teacher credential requirements.
Board comment In response to Strange, Greg Rolen explained that the original contract with this firm was signed up to threshold of $25,000 allowed to the General Counsel for independent services contracts under Board Policy 3600. Costs for the firm’s services in this case have exceeded that threshold, so the request for an additional expenditure of $25,621.43 must go to Board for approval. Also in response to Strange, Rolen noted that this case was the appeal of the credential penalty and that the District does not have to pay the penalty.
Board action Strange moved, Eberhart seconded, and the Board voted 5-0-0 to approve an additional expenditure for the contract with Olson, Hagel, & Fishburn, LLP. Fiscal Impact: $25,621.43 Funding Source: General Fund
Superintendent report At Treece’s request, McHenry reported on this issue. The audit for the 2005-06 fiscal year alleged that not all District teachers were credentialed on their first day of service. If true, the District would have to pay a sizable penalty. The Board hired an attorney and filed an appeal with the Education Audit Appeal Board. The District worked with the state Department of Finance and the state Department of Education and determined that all 76 teachers in question were, in fact, credentialed on their first day of service. As a result, the District has received letters of verification from those departments that it does not have to pay any penalty. More than a million dollars that were set aside for the penalty have been used to offset budget reductions.
Sequoia Middle School Principal Hellena Postrck and Valley
View Middle 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)
Mayo thanked the Board for changing the February Board
meeting to a Monday night so she could attend the federal PTA Legislative
Conference. She described the activities in which she participated, including
Strange reported on attending the Pleasant Hill Education Commission meeting and participating in one on the District’s Career Integrated Academics (CIA) program, which he called “a wonderful program in our district; a way to bring academics in to be relevant to our students.” He also attended the District Budget Advisory Committee meeting, the District Administrator Recognition Reception at Serendipity, where “an amazing quality of food was prepared and served by students at Mt. Diablo High,” and the Parent Advisory Committee meeting.
Allen said he visited legislators in
Treece thanked the Concord Chamber of Commerce for its BEST
Day, which was “a great success” in bringing business leaders and educators
together. Representatives from John Muir Health, the Greater Concord Chamber of
Commerce, the Mt. Diablo Adult Education director and staff and others focused
on newly adopted state standards for Career Technical Education. She called the
Career Integrated Academics program a “transformation strategy” that MDUSD has
begun to engage in, with BEST Day part of that strategy. She also attended a presentation
of the Architecture Construction Engineering afterschool program, a 15-week
program involving 17 industry partners and 48 students. Steve Seaman, Mt. Diablo
High teacher, is a leader in this program. She announced that
5.3 Issues of Concern
Eberhart said he is concerned about the amount of dollars being spent on Special Education. He reported that Nicoll has given him data, which he has begun analyzing. For example, from 2000 to 2007, the number of students receiving Special Education services has dropped 22 percent. However, although the number of white students is dropping, the number of Hispanic and African American students is increasing. Meanwhile, the amount of money being spent on Special Education is increasing by 51 percent. He said, “We need to study this issue as a school district to see if we can do better.”
Strange asked for more clarity in regard to classifying information given to Board members as ”confidential.” He thought some budget information he’d recently received was marked confidential when it should not have been. (McHenry provided clarification on the specific documents in question.) On another issue, Strange said that, particularly in light of the cuts in site administrator positions, meeting schedules should be arranged so principals are not away from their sites during the work day.
6. PUBLIC COMMENT
Lizbeth Brown, Concord High student, said she was outraged
that music programs were removed from Board consideration of budget reductions
at this meeting, preventing people from expressing their support. She voiced
her anger at the state for taking money away from education. Carrie Frazier,
parent and member of faith-based community, said a coalition of faith-based
community organizations has been working with Bel Air staff and parents. She
said others share Eberhart’s concern about the number of minority students in
Special Education programs and have been working with District administrators. She
invited others to participate. She is sorry to hear negative messages about a
district “as outstanding as
7. COMMUNICATIONS: None
8. REPORTS/INFORMATION: None
9. SUPERINTENDENT'S REPORT: None
10.1 Public Hearing and
Plan of Action to Address Decrease in Revenue from the State of
With the Governor’s proposed cuts to
K-12 grade education, funding for public education is expected to be reduced by
$4.4 billion statewide. For
McHenry used a Power Point presentation to explain the impact of the Governor’s proposal on the District and to show the budget reductions proposed and approved to date as well as some ideas for revenue enhancements, such as a parcel tax, a mechanism other districts are using to generate revenue. The priority for budget reductions is as follows:
a. Review the budget and recapture money that could be used one time to avoid elimination of a position.
b. The second priority was to shift the cost of positions to local, state, and federal grants.
c. The third priority was to review staffing formulas and legal mandates and reduce positions that were over staffing formulas as well as positions not necessary to comply with legal mandates.
d. The fourth priority was to reduce positions that would have the least impact on student programs even though services would be impacted.
e. The fifth and last priority was to make reductions that impact student programs and services.
Public hearing Treece opened the public hearing on the budget reduction plan at 8:53 p.m. Jacqueline Travers, parent, noted that a group of student musicians was attending the meeting hoping to play some music. She asked that the student musicians be invited to play. Eberhart, voicing the same concern as Strange did under Board Reports/Issues of Concern, objected to being told that some financial information Board members are receiving is confidential. He quoted from the Brown Act on the need for Board deliberations to be held in public. In regard to budget reductions, Strange reiterated his comments that Mt. Diablo USD receives the lowest state revenue per student than other districts in the county and that the only way to change that is by generating more revenue through a parcel tax. He echoed Eberhart’s concerns about the Brown Act. With no other requests to speak, Treece closed the hearing.
10.2 Consider Approval of Budget Reductions
McHenry reported that beginning in November 2007, the
District leadership began a process of budget reductions to provide
compensation for all of our employees. As of January the Board of Education had
reduced expenditures by approximately $3.5 million. On January 10, Governor
Schwarzenegger declared a state fiscal crisis because of a reported $14.5
budget deficit. Since school districts and all public agencies receive some
funding from the state, the budget shortfall has a tremendous impact. The
entire education budget has to be reduced by $4.6 billion in 2008-09.
McHenry recommended three items for Board consideration at this meeting: 44b, 56b (categorical and fundraising can support Option 1, but not General Fund), and 63.
Board comment Treece said that despite requests to remove some items from the budget reduction list, it was difficult for her to do so until she had more financial information, which staff have provided. She noted that the Superintendent never recommended that the Board consider the 4th and 5th grade music programs on the list and that the Board had asked for all options to be put on the table. Given the most recent financial information, Treece asked for a motion to remove items 43a and 43b (elementary music programs) from the list “as a way to alleviate consternation within community.” Strange said he supports the removal and pointed out that he and Eberhart had moved to do so at the end of the March 4 special Board meeting.
[Mayo commented that the student musicians were still present and suggested they be asked to perform. They then played several instrumental numbers and were enthusiastically applauded.)
Mayo voiced support for all the arts, visual and performing. She said she understands the passion of people who support music, but believes the Board must have “a courageous conversation” about how the District delivers music education to students. Data show that of the 5,000 students in 4th grade, only 1,000 participate in instrumental music, resulting in a cost of $350 per student. With the Board looking at budget reductions of $740 per student, it is important to find ways to provide all students with an opportunity for a cultural program, be it dance, art, or music. She said if the District leadership is committed to providing a program for some students in 4th and 5th grade, she believe options for other students must be offered as well. She added that the Board will be looking at reducing programs for other students that are just as popular as elementary music. Eberhart said these items should never have been on the list. Music provides opportunities for students to do well academically and connect with other students. The District’s goal is to provide a rich educational experience for all students. He agreed with Strange that the music items should have been removed last week. Allen said he was impressed with comments about music education at last week’s meeting, but needed more information about finances and enrollment in the programs, which he did receive.
Board action: Removing items from the Budget Reduction List
• Items 43a, Eliminate 4th and 5th grade music (11.43 positions), and 43b, Eliminate 4th grade music (4 positions)
Treece moved, Allen seconded, and the Board voted 4-1-0 (Mayo, no) to approve the removal of these items.
• Item 55, Reduce all General Purpose funding for all freshman sports at the high schools.
Strange moved, Eberhart seconded, and the Board voted 4-1-0 (Mayo, no) to approve the removal of this item.
Board comment Mayo said she understands the concern about high school athletics, but she is concerned about librarians. She still believes the Board must look at every program within the district and said she would like to have more information about high school athletics, such as how many students participate and is it equitable between girls and boys.
• Item 63, Reduce one (1.0) Print Shop Equipment Operator
Allen moved, Eberhart seconded, and the Board voted 4-1-0 (Mayo, no) to approve the removal of this item.
Board comment Allen said he does not want teachers to lose the ability to have classroom materials duplicated. Eberhart agreed. Strange said cuts made tonight will not be included in Second Interim Report, so no further action on budget cuts is necessary at this time.
Fiscal impact: Total amount removed: $700,000
Public comment Celeste Graybill,
parent and teacher, thanked the Board for saving the 4th and 5th
grade music program. Helen Coverdale, teacher, spoke of the benefits of small
class size in Kindergarten. Joe Howard, parent, spoke of the benefits of
enrichment courses such as the radio program in which one daughter participated
and the music classes another daughter took.
Board action on other items
Item 44b: Reduce librarian funding by 20% at each secondary school. Assign each librarian to teach one class unless funding from other source provided. (3.4 FTE)
Allen moved, Mayo seconded, and the Board voted 3-2-0 (Eberhart, Strange, no) to approve. Fiscal impact: $188,521
Item 56b: Eliminate Option 1 Kindergarten class size reduction at all schools. All schools would become Option 2. (18.5 FTE Teachers)
Allen moved, Mayo seconded, and the Board voted 3-2-0 (Eberhart, Strange, no) to approve. Fiscal impact: $520,128
10.3 Resolution 07/08-67 Declaring the Futility of Public Bidding for the Addition of Two (2) Prototypical Classrooms to Contract 1497 and Approving Change Order for that Work
Mayo moved, Allen seconded, and the
Board voted 5-0-0 to adopt Resolution 07/08-67, authorizing the District to
waive the bidding requirements for Bid No 1497 for the addition of two
prototypical classrooms, one each at
10.4 Award of Inspector of Record (Project Inspector) Contract to Paul Lucido
Eberhart moved, Mayo seconded, and the Board voted 5-0-0 to
award a contract not to exceed $84,000 to Paul Lucido for Inspector of Record
services to support the site development and construction of six (6) new
10.5 Resolution 07/08-69 to Decrease the Number of Certificated Employees Due to a Reduction in Particular Kinds of Service
Strange moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no) to adopt Resolution 07/08-69, reducing or discontinuing particular kinds of services, as listed in the Resolution, for the next school year. As part of the certificated layoff process, Education Code section 44955 permits the Governing Board, through a resolution, to decrease the number of certificated employees due to a reduction in services.
10.6 Public Hearing to Adopt the Mt. Diablo Unified School
District Local Plan Area (SELPA) Annual Budget Plan, the Certification of the
Annual Service Plan, the
As required by Ed Code Sections 56205, 56205(b)(2) and 56195.7, each SELPA Local Plan document requires a service plan component and a budget plan that are updated annually.
Public hearing Treece opened the hearing at 10:34 p.m. With no requests to speak, she closed the hearing.
Allen moved, Eberhart seconded, and the Board voted 5-0-0 to adopt the MDUSD Local Plan Area (SELPA) Annual Budget Plan, the Certification of the Annual Service Plan, the California Special Education Management Information System (CASEMIS) Service Descriptions, and the Service Plan Forms for the 2007-08 School Year.
10.7 Job Description for Director, Fiscal Services
Eberhart moved, Mayo seconded, and the Board voted 5-0-0 to approve the revised job description for Director, Fiscal Services. Presented as information at the February 25 meeting, this item was returned for action at this time.
10.8 Board Policy 6146.1, High School Graduation Requirements
Mayo moved and Allen seconded a motion to adopt revised Board Policy 6146.1, “High School Graduation Requirements,” with regard to Physical Education and the California High School Exit Exam (CAHSEE). Following discussion, Mayo withdrew her motion and Allen agreed. Presented as information at the February 25 meeting, this item was returned for action at this time and will be returned again on March 18.
Board comment Allen said he does not favor the Associate Superintendent having to keep track of all the waiver requests and would like to see some districtwide criteria that principals must follow. In response to Allen, McHenry said the approved policy/rule would be included in the Parent Information Packet. Strange pointed out that the draft text regarding exemptions for physical reasons is confusing.
Treece adjourned the meeting at 11:05 p.m.