BOARD MEETING: March 18, 2008

ATTENDANCE: Board: April Treece, Dick Allen, Gary Eberhart, Linda Mayo, Paul Strange

Administrative Staff: Superintendent Gary McHenry; Pam Norgaard for Associate Superintendent Alan Young; assistant superintendents Mildred Browne, Roger Bylund, Gail Isserman, and Dick Nicoll; General Counsel Greg Rolen

Student Representative: Kyle Thompson, College Park (voting)

1. CALL TO ORDER: President Treece called the meeting to order at 6:00 p.m. in the Board Room at the MDUSD Dent Center.

PUBLIC COMMENT: None

CLOSED SESSION: The Board adjourned to Closed Session at 6:01 p.m. in Room 6 at the Dent Center. Topics discussed included two expulsions and one request for readmission, existing litigation (Heathorn v MDUSD; Rainwater v MDUSD), public employee discipline/dismissal/release/complaint, and negotiations.

Readmission
Strange moved, Mayo seconded, and the Board voted 5-0-0 to approve staff’s recommendation to deny readmission to 1 student who did not meet conditions.

Public Employee Discipline/Dismissal/Release/Complaint
Strange moved, Eberhart seconded, and the Board voted 5-0-0 to rescind the non-reelection and accept the resignation of certificated employee #24572.

2. RECONVENE OPEN SESSION: The Board returned to Open Session in the in the Board Room at the MDUSD Dent Center at 7:30 p.m. President Treece asked Kyle Thompson, student representative from College Park High School to lead the Pledge of Allegiance to the Flag.

Expulsions
Student 38-08: Allen moved, Mayo seconded, and the Board voted 5-0-0 that Student 38-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 38-08 may apply for readmission after January 2009. It is required that Student 38-08 participate in individual counseling, community service, the COPS program, pay half the cost of damages to Mt. Diablo High School, and show evidence of a successful school experience, prior to applying for readmission.

Student 39-08: Eberhart moved, Mayo seconded, and the Board voted 5-0-0 that Student 39-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 39-08 may apply for readmission after January 2009. It is required that Student 39-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, pay restitution to Mt. Diablo High School, and show evidence of a successful school experience, prior to applying for readmission.

Treece announced the items discussed and action taken in Closed Session.

3. CONSENT AGENDA

Eberhart moved, Strange seconded, and the Board voted 5-0-0 to adopt the Consent Agenda, thereby approving the following items:

3.1 Minutes of the meetings of February 19 and February 25, 2008.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 07/08-70 Approval of Provisional Internship Permit (PIP) Request

Adopted Resolution 07/08-70, authorizing Jessica Seghers to apply for a Provisional Internship Permit (PIP) in order to complete his assignment for the 2007-08 school year.

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 February 2008

3.5 Fiscal Transactions for February 2008

3.6 Grant Application Requests

3.6.1 California Department of Education 2008-09 Workforce Investment Act, Title II; Adult Education and Family Literacy Act, Section 231 and EL Civics

Granted Mt. Diablo Adult Education permission to apply for a one-year grant under Workforce Investment Act, Title II, Section 231 and EL Civics Education. There is no impact to the General Fund. This grant would bring approximately $400,000 to $600,000 in revenue to Mt. Diablo Adult Education’s ESL, Adult Basic Education, Adult Secondary Education, GED and Adults with Disabilities programs to carry out grant specifications.

3.6.2 State of Board of Education

Approved submittal of an application to the State Board of Education to provide supplemental educational services for schools in Program Improvement. There is no cost to the General Fund. Reimbursement for services is based on the number of students served. The allocation per student is approximately $900 per year through Title I funds.

3.6.3 Kaiser Permanente Community Grant

Approved submittal of an application to the Kaiser Permanente Community Grant Program for funding to establish a farm-to-school program at Diablo Day Community Day School. Fiscal Impact: Grant will generate up to $30,000 for one year. There is no impact to the General Fund.

3.7 Award of Design Services Contract to Wilsey Ham Engineering, Planning and Surveying

Awarded contract not to exceed $44,983 to Wilsey Ham Engineering, Planning and Surveying for comprehensive engineering and design services necessary for asphalt paving improvements at Monte Gardens Elementary, Dent Center, and Shadelands Center. Funding Source: $24,490 – Measure C Funds; $20,493 – Facility Acquisition and Construction Budget

3.8 Surveillance System for Riverview Middle School

Approved an agreement with Deco Tech Services to provide and install a video surveillance system at Riverview Middle School. Fiscal Impact: $44,426 Funding Source: High Priority Schools Grant Program, School Improvement Program.

4. RECOGNITIONS

California Association of Bilingual Education Administrator of the Year – Wayne Miller
The Board recognized Wayne Miller, assistant director of curriculum and instruction, who was named Administrator of the Year by the California Association of Bilingual Education (CABE). On behalf of the Board, President Treece presented him with a certificate of appreciation. Dr. Miller thanked the Board for its support of bilingual education and English language learners in the District.

5. BOARD FORUM

This item is here for the Board of Education to discuss any issues of concern.

5.1 Committee Minutes
Treece reported that the Board received the minutes of the March 6 Measure C Oversight Committee meeting and thanked John Ferrante for agreeing to continue serving as committee chair.

5.2 Board Reports (time limit – 3 minutes)

Eberhart said he and his daughter, working on math homework, discovered a helpful website. He suggested that there be links on the District website to websites useful to parents and students.

Mayo reported on attending a press conference at Glenbrook Middle School on Monday, March 17, hosted by state policymakers. She thanked those who helped prepare the school site for the press conference and everyone who attended it to support public education by opposing budget cuts. She asked the public to pay attention to policy makers’ messages, particularly in regard to their support of Proposition 98. She announced the state PTA project, “Flunk the budget, not our children.” One goal of the project is to contact state legislators at their local offices every Friday. She reported that she also attended “Every 15 Minutes” at College Park High and was at Strandwood Elementary earlier in the day during the visit by the California Distinguished School evaluation team.

Strange reported on attending the first in a series of community meetings to be held throughout the District. This one was held at Concord High on March 13. He said attendance was good, but not so large that participants had to be split up into small discussion groups. He called the group discussion good as well. He also attended the press conference at Glenbrook and a planning meeting for the Technology Center at Olympic High.

Allen said he was “impressed with Strandwood,” which he visited during the Distinguished School visit earlier in the day. He also enjoyed attending the Horizons’ Home Study’s Young Author Program and the Kennedy-King Scholarship Foundation reception and reading to 1^st, 2^nd, and 3^rd grade classes at Sun Terrace.

Treece said she has a supply of “Classrooms Come First” postcards that were passed out at the press conference on Monday should anyone want to send them to the Governor. She announced that the Board received a letter from former Concord mayor Mark Petersen thanking the District for improvements to the Olympic High campus and from State Superintendent Jack O’Connell on behalf of the state Adult Education Office thanking Loma Vista staff for hosting a team from the U.S. Department of Education Office of Vocational and Adult Ed. The team reported that “they observed the finest teaching they’ve ever seen.” Treece complimented the Mt. Diablo Adult Education program for “once again being lauded for the great work they do” in providing educational programs related to careers and jobs in the area. She noted that she represents the Contra Costa Council on the Concord Naval Weapons Station Technical Advisory Committee, which focuses on how educational needs will be served in any development of that property. She said Dick Nicoll recently attended a committee meeting and provided helpful information. She added that information from education futurist Willard Daggett, which he recently shared with educators from the District and local colleges, is shaping the committee’s conversations. As did Allen, she attended the Kennedy-King Scholarship Foundation reception, which honored Contra Costa County Superintendent Joe Ovick. The foundation supports students who go through the community college system. She encouraged fellow Board members to attend the foundations’ annual dinner on May 16.

5.3 Issues of Concern

6. PUBLIC COMMENT

David Barnes, president of the Black Families Association, thanked the District for its support of the organization, which provides scholarships to graduating seniors. On behalf of the Association, he expressed support for the Mt. Diablo Unified School District for taking care of all the students in the community. Citing the District goal, “Value all members of the Mt. Diablo Unified School District community and recognize their contributions,” he expressed hope that everyone in the District will work together, “continuing their united effort to educate our students.” Carissa Weintraub, teacher and parent, spoke highly of the teachers at her daughter’s schools, Walnut Acres and Fair Oaks, but said test scores are going down, not up as has been reported, and employee morale is low and teacher turnover high. She said low morale can be directly attributed to lack of medical benefits for teachers. Connie Warner, parent and Community Advisory Committee chair, acknowledged the many District teachers, resource specialists, and support staff and personally thanked them for their services to her and her students. She said the Special Education program has improved since the Consent Decree of nine years ago and urged the Board not to do anything to dismantle that program.

7. COMMUNICATIONS

7.1 Student Representatives

Kyle Thompson reported on events, activities, and issues at College Park High School.

7.2 Organizations

Mike Noce, MDEA president, thanked everyone who attended the news conference at Glenbrook Middle School yesterday and invited the public to attend the Governor’s press conference at the Pleasant Hill Community Center tomorrow morning. He expressed the concern that “settling employee contracts” is not listed on the criteria for the addbacks and said contracts need to be considered before any programs are added back.

8. REPORTS/INFORMATION: District/Site Liaison Teams (DSLT)

McHenry said that for some time District staff have been working on a strategy to support the Program Improvement, High Priority, and high poverty schools through the use of District/Site Liaison Teams (DSLTs). Vivian Boyd, director of curriculum and instruction, introduced members in the audience who participate on a DSLT and also Priscilla Hopkins and Barbara Graniger from the Alameda County Office of Education, who help structure the DSLTs at Program Improvement schools. She presented an overview of the strategy. Highlights:

Schools: Bel Air, Cambridge, Fair Oaks, Meadow Homes, Rio Vista, Shore Acres, and Ygnacio Valley elementary; Glenbrook, Oak Grove, and Riverview Middle; Mt. Diablo and Ygnacio Valley high

Function of the DSLT: Meet at least four times during the school year to:

• Ensure that identified instructional strategies are fully implemented

• Monitor student academic progress, school-wide and for sub-groups

• Develop and use a cycle that regularly monitors teaching and learning

• Identify areas for improvement

• Recommend and refine educational strategies to improve student learning

• Provide and coordinate additional resources and professional development as needed

• Assist the school to review the Single Plan for Student Achievement (SPSA) as a “fluid” document that continues to meet the changing needs of its students

District assistance provided to each site

• Completing application process for the High Priority School Grant

• Developing the Academic Program Survey (APS) and analyzing results

• Writing the High Priority School Grant application

• Rewriting the site’s Single Plan for Student Achievement, keeping the Implementation Survey/Academic Program Survey (APS) and identified corrective actions in mind

• Corrective actions match each school’s needs; it is not a one-size-fits-all solution (CDE)

• Engage in a systematic process of inquiry in direct response to school’s identified needs

• Support site with budget development and prioritizing expenses

Preparation for District members

• Extended Ed Services Meetings

• Role of the District/Site Liaison Team (DSLT)

• Single Plan for Student Achievement (SPSA) Review

• Assessing Progress through Data Driven Dialogue

• Learning Focused Conversations: Strategies for one-on-one or small group

• Facilitating Change: Structures for small or large group

Preparation for Site members

• SMART Goals:

• Specific = (A) What percent of students, (B) Which students (EL, Basic, Far Below)

• Measurable = How will learning be demonstrated and measured

• Academic = English Language Arts/Math

• Relative to Long Term Goal = End of the Year

• Time Bound = By when

• Grade Level Discussion Guide for Previewing Interim Assessments: Evaluating strength of the assessment

• Grade Level Meeting: Discussion Guide Assessment Analysis: Evaluating individual student progress and proper placement in program

Observation Protocol: Each site has developed its own

• Academic Language

• Structured response

• Sentence frames

• Active Student Engagement

• More student talk - less teacher talk

• Partner/small group work

• Teacher monitoring

Parent/Family Connections

• Building on Leadership Institute:

• Family Friendly Schools

• Cultural proficiency; ELAC

• Home visits: Nell Soto Grant

Board comment Eberhart asked for data to show which parts of program are working, which need to be improved. Boyd said some anecdotal evidence has been collected, but staff are still looking at data. Eberhart said a look at programs would provide more information and be a better indicator of improvement than API scores. He asked how pacing guides work with children who are not at grade level. Boyd said the purpose of the guides is to provide common assessments, but the teacher has flexibility in using them. She explained that an examination of API results at the site level identify the different student needs so teachers can make plans to meet those needs, not just of students who are not at grade level but of those who are exemplary and are ready to go beyond the grade level. Mayo said principals have told her that they try to balance classes so there is an equitable distribution of ability levels in each classroom. Boyd said grade level meetings allow teachers to discuss student needs and provide groupings during “universal access time” to meet those needs. Mayo said she values the pacing guides because they assure that every student is receiving access to the curriculum on an ongoing basis even if they have different learning styles and progress at different rates. Treece said the P-16 Council, a county group of education and business representatives, discussed student access to the curriculum at a recent meeting .She was excited to observe strategies such as Read 180 in use at Riverview and Glenbrook middle schools. In response to Treece, Boyd said the EduSoft software is invaluable in assessing student data to provide the basis for teacher conversations about their students. Boyd said the next step for schools that have DSLTs is to have articulation meetings to share experiences.

9. SUPERINTENDENT'S REPORT

McHenry thanked all the people in the district who continue to do the work to serve students every day. To date, he said, 145 positions have been reduced, meaning that more than 100 people may lose their jobs. “Yes, morale is a factor right now,” he said, but pointed out that if you visit schools sites and talk with teachers and other support personnel, you will find people continuing “to make sure we carry out our primary mission, which is to serve the students of this district.” He stressed that no one takes any joy in reducing the budget and yet “we may have to go even further” because there is still a revenue-expenditure gap. He urged the public to put pressure on the Governor and state legislators to get some budget relief and promised to “work toward that effort myself.”

10. BUSINESS

10.1 Appointment of Director of Curriculum and Instruction

Strange moved, Mayo seconded, and the Board voted 5-0-0 to appoint Melinda Hall as Director of Curriculum and Instruction, effective July 1, 2008.

10.2 2007-08 Second Interim Report

Dick Nicoll, assistant superintendent overseeing fiscal services, introduced consultant Linda Grundhoffer, a school finance expert who has been helping prepare the Second Interim Report. The purpose of an interim report is to make revenue and expenditure projections to the end of the fiscal year and to compare these projections to the budget. Dick presented the report. Highlights:

• General Fund: Revenue Assumptions, Key Factors

• Declining Enrollment

• Average Daily Attendance (ADA)

• Cost of Living Adjustments

• Possible Deficit Factors in 2008-2009 & 2009-2010

• Federal, State and Local Revenues

• Contributions from Unrestricted to Restricted Programs through February 25, 2008

Special Education $29,174,610
Transportation 2,923,230
Routine Repair & Maintenance Account 8,442,665
(Legally required for Prop 55 and Deferred Maintenance)
Other Programs Contributions 1,083,401
Total Contributions $41,623,906

• Designations of the Projected Unrestricted Ending Fund Balance - June 30, 2008

COMPONENTS OF THE $19,319,002 FUND BALANCE

Revolving Cash/Stores $1,047,109
Economic Uncertainties 5,876,226
FCMAT Recommendations 78,965
Credential Compliance Penalty 0
Lottery Allocation 105,522
Phase I Energy Mgmnt. Conservation 2,500,000
Spieler Consent Decree 500,000
Student Information System 516,264
Site/Department Carryover 200,000
Undesignated Reserves 8,494,916

• MULTI YEAR Projections (through February 25, 2008)
Unrestricted Projected Ending Fund Balance

Description	2007-2008	2008-2009	2009-2010
Beginning Balance	$ 17,660,742	$ 19,319,002	$ 10,133,425
Revenues and other Financing Sources	172,502,315	161,397,682	166,137,745
Expenditures and other Financing Uses	170,844,055	170,583,258	172,157,745
Net Increase/Decrease in Fund Balance	1,658,260	(9,185,577)	(6,020,000)
Ending Fund Balance	19,319,002	10,133,425	4,113,425
Undesignated Ending Fund Balance	$ 8,494,916	$ 2,691,116	$ (3,530,112)

• Budget Status at Second Interim

• Through Feb. 25, 2008: District unable to meet requirement of 2% reserve in 2009-10

• Reductions through March 11, 2008, improve ending balance, but

• Uncertainty about additional reductions in State funding

• Uncertainty about whether all reductions can be achieved

• Desire to increase employee compensation

• Many current reductions are one-time, District is deficit spending

• Status reviewed again at Third Interim

Fiscal Impact: The General Fund Unrestricted Unappropriated Fund Balance is projected to be $8,292,916 as of June 30, 2008. The General Fund has $5,876,226 as the required 2% Economic Uncertainties Reserve. At this time the District will, however, be unable to meet this reserve requirement in the 2009-10 fiscal year. Because of this condition, the District must file a “qualified certification” for the 2007-08 school year.

Board comment In response to Strange, Nicoll said a $2 million shortfall in the current year budget has been identified, due primarily to Special Education, Research and Evaluation, and security needs. Strange asked and Nicoll responded to a number of questions about changes in the budget from the First Interim to the Second Interim reports. In response to Mayo, Nicoll said Measure C is winding down, so there will be smaller ending balances in accounts related to that program. Mayo noted that attendance is up, benefitting the District and showing that sites are working to improve things. Eberhart noted changes in the Adopted Budget, the First Interim Report, and the Second Interim Report. He said the current report showed “good solid work,” but he has questions about previous reports during the past year. He asked for a Board study session on the budget. Treece said she appreciates the complexity of the budget and all the work being done by Nicoll and Fiscal Services staff and hopes the District will get to a ‘’positive” certification by the Third Interim.

Board action

Mayo moved, Allen seconded, and the Board voted 5-0-0 to approve the 2007-08 Second Interim Report as presented, with a “qualified” certification.

10.3 Review and Discussion of Priority for Add Backs

McHenry said he put this item on the agenda for Board discussion because parents and staff asked, during budget reductions, what criteria the Board would use to restore programs and positions that were reduced or eliminated if additional money becomes available. He noted that as of March 11, the Board has approved more than $14.9 million in budget reductions and fund shifts to meet an expected $14 million shortfall in the 2008-09 school year. Of that total, $8.6 million is on-going and $6.3 million is one-time money gained from fund shifts and recapture of money reserved for other purposes. He said additional budget reductions will be necessary. The amount is not yet known. More information will be available in May at the time of the Governor’s “May Revise” to the budget he proposed in January. Despite the possibility for more budget reductions, parents and employees would like the Board to establish priorities for add backs, he said.

Board comment
Eberhart moved and Strange seconded a motion that the District settle the employee contracts before considering any addbacks. Mayo expressed concern that the Board may not have completed all the reductions that will be necessary and may have to cut more to afford employee compensation. She noted that the District has to comply with any mandates and that other Board members have expressed concern about campus safety. For these reasons, she is not ready to support the motion until the Board has a discussion on the other issues. Eberhart said he would have to agree if the Governor’s proposal is not modified. He clarified his motion, saying that as the Board looks at ways to spend additional dollars should, for example, the Governor’s proposal be cut in half, he wants to consider the employee contracts first and then the addbacks. Strange said the goal should be to have funds available to finance the offers on the table before considering addbacks. Allen remarked that he’s always said employee compensation is a priority, so he agrees with funding the offers on the table. Mayo said she’s seeing reports projecting cuts in federal spending for Special Education and Career Technical Education. “If we don’t prepare, we may have to eliminate more positions,” she said, adding, “I do support employee compensation, but we must be mindful of possible demands on funding.” Strange and Treece both stressed that mandates would, of course, have to be met before any other expenditure, so the motion to make employee compensation a priority would not be affected.

Board action
Eberhart moved, Strange seconded, and the Board voted 4-1-0 (Mayo, no; Student Rep, yes) that, as its top priority, the District ensure that funds are set aside to afford the District offers already on the table to settle employee contracts first before considering any addbacks.

10.4 Appointment of Summer School Administrators

Mayo moved, Eberhart seconded, and the Board voted 5-0-0 to appoint Robert Humphrey, to Wren Avenue, and Humera Barzi, to Cambridge Elementary, as summer school principals.

10.5 Board Policy 6146.1 – High School Graduation Requirements

The Board considered a draft of a clarification to BP 6146.1, “High School Graduation Requirements” with regard to Physical Education and the California High School Exit Exam (CAHSEE).

Public comment Jim Keck, P.E. teacher and wrestling coach, pointed out that 10^th graders can ask for a deferment from 10^th grade P.E. if they have passed their 9^th grade P.E. class and met 4 of 5 physical fitness standards. Mike Ahn, P.E. teacher and coach, took issue with the inclusion of interscholastic athletics as one of the deferment criteria. Mike Noce, physical educator, reiterated his concerns he’s expressed in two previous Board meetings about allowing students to be deferred from 10^th grade P.E.

Board comment Board members had a lengthy discussion of this topic. Among the comments: Strange suggested changes to the text, including clarification of the definition of “exemption.” Allen noted that current policy requires students to pass the physical fitness standards in 9^th grade in order to request an exemption and must complete two years of P.E. to meet graduation requirements. Eberhart expressed concern that the policy does not address a student’s ability to take P.E. for credit in summer school, which he does not support. Mayo said that “what we desperately need is an additional period” for students to take all the courses they need and want, but funding is a factor.” Treece pointed out that students who request a deferment in order to participate in interscholastic athletics are typically engaged in a physical fitness activity.

Presented as information at the February 25 meeting, this item was returned for action at this time. McHenry advised postponing action until the Curriculum staff have met with the physical education teachers. The Board consensus was to postpone action.

10.6 Board Policy and Administrative Rule 5121 Grades/Evaluation of Student Achievement

The Board considered a draft of a clarification to BP/AR 5121 in regard to the definition of grades. The proposal adds Pass (P) added to grade marking. Presented as information only at this meeting, this item will be returned for action at a subsequent meeting.

Board comment Eberhart said he believes students in some classes are graded on a curve even though the policy does not permit it. He also disagrees with separating a student’s behavior, effort, and attendance from the academic grade/rubric scores. He also believes that all students must earn a 2.0 grade point average in order to participate in extra activities, without the exception allowed for in the policy. Mayo expressed concern for Special Education students and said she would talk to staff about it. McHenry said the California Interscholastic Federation requires student athletes to maintain a 2.0 GPA. Treece said she does support the distinction between a student’s behavior and academic achievement. Allen asked the superintendent to find out why the distinction is made.

11. ADJOURNMENT

Eberhart said he received two text messages during the meeting informing him that the radio broadcast unexpectedly ended well before its usual 10 p.m. signoff time. He asked staff to find out if CVHS radio can broadcast Board meetings in their entirety. Treece adjourned the meeting at 10:29 p.m.

Gary McHenry, Secretary