BOARD MEETING: April 8, 2008

 

ATTENDANCE:      Board: April Treece, Dick Allen, Gary Eberhart (6:40 p.m.), Linda Mayo, Paul Strange

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

Student Representatives:  Brandon Bratcher, Ygnacio Valley (voting); Kyle Thomson, Clayton Valley; Samantha Dimetriou and Jennifer Smitherin, College Park; Brittany Sofa, Mt. Diablo

 

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 ten expulsions and one request for an extension of an administrative hearing, existing litigation (Carra v MDUSD, Lira v MDUSD, Heathorn v MDUSD), public employee discipline/dismissal/release/complaint, and negotiations.

 

Request for Extension
Mayo moved, Strange seconded, and the Board voted 4-0-0 (Eberhart not yet present) to grant a second 30-day extension to a middle school student because he is undergoing comprehensive testing.

 

Public Employee Discipline/Dismissal/Release/Complaint
Strange moved, Allen seconded, and the Board voted 4-0-0 (Eberhart not yet present) to dismiss classified employee #24254, effectively April 8, 2008.

 

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 led the Pledge of Allegiance to the Flag and announced the items discussed and action taken in Closed Session.

 

Expulsions
Student 40-08: Eberhart moved, Allen seconded, and the Board voted 5-0-0 that Student 40-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 40-08 may apply for readmission after August 15, 2008. It is required that Student 40-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 41-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 41-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 41-08 may apply for readmission after January 23, 2009. It is required that Student 41-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 42-08: Allen moved, Mayo seconded, and the Board voted 5-0-0 that Student 42-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 42-08 may apply for readmission after January 23, 2009. It is required that Student 42-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 43-08: Strange moved, Allen seconded, and the Board voted 5-0-0 that Student 43-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 43-08 may apply for readmission after April 8, 2009. It is required that Student 43-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 44-08: Allen moved, Mayo seconded, and the Board voted 5-0-0 that Student 44-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 44-08 may apply for readmission after January 23, 2009. It is required that Student 44-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 45-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 45-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 45-08 may apply for readmission after January 23, 2009. It is required that Student 45-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 46-08: Strange moved, Eberhart seconded, and the Board voted 5-0-0 that Student 46-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 46-08 may apply for readmission after January 23, 2009. It is required that Student 46-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 47-08: Allen moved, Mayo seconded, and the Board voted 5-0-0 that Student 47-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 47-08 may apply for readmission after January 23, 2009. It is required that Student 47-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 48-08: Mayo moved, Eberhart seconded, and the Board voted 5-0-0 that Student 48-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 48-08 may apply for readmission after April 8, 2009. It is required that Student 48-08 participate in individual counseling, community service, the COPS program, the District’s Drug and Alcohol Workshop, provide a negative drug test, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 49-08: Strange moved, Eberhart seconded, and the Board voted 5-0-0 that Student 49-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 49-08 may apply for readmission after January 23, 2009. It is required that Student 49-08 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop, and show evidence of a successful school experience, prior to applying for readmission.

 

3.       CONSENT AGENDA

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

3.1  Minutes of the meeting of March 4, 2008.

 

3.2  Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3  Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.4  Award of Bids

3.4.1 Award of Bid 1502 to B & B Grading & Paving, Inc. in the amount of $54,041 to provide paving improvements at Mt. Diablo High School. Funding Source:  Deferred Maintenance

 

3.4.2 Award of Bid 1504 to Harry L. Murphy, Inc. in the amount of $160,000 to provide the flooring improvements in 2008 at Cambridge, Gregory Gardens, Hidden Valley, Meadow Homes, Mountain View, Strandwood, Sun Terrace and Westwood elementary schools; Shadelands Center, El Dorado Middle School; Pleasant Hill Education Center; and Clayton Valley, Mt. Diablo, and Ygnacio Valley high schools. Funding Source:  Deferred Maintenance

 

3.4.3 Award of Bid 1505 to Galedrige Construction, Inc. in the amount of $114,778 to provide the fire access at Concord High School. Funding Source:  Fund 5505

 

3.5  Award of Contracts

3.5.1 Award of Contract to Kleinfelder West, Inc. in the not to exceed amount of $11,000 for geotechnical engineering services for the repair/renovation of the damaged bleacher systems at Clayton Valley High School. Funding Source:  Williams Emergency Project Reimbursement Funds

 

3.5.2. Award of Contract to Consolidated Engineering Laboratories in the not to exceed amount of $4,991 for testing, inspection, and geotechnical engineering services related to the development of a fire lane access road at Concord High School. Funding Source:  Redevelopment Funds

 

3.5.3 Award of Contract to Consolidated Engineering Laboratories in the not to exceed amount of $7,254.52 for material testing and inspection services related to the construction of ADA doorway improvements at Ayers and Monte Gardens elementary schools. Funding Source:  Measure C

 

3.6  Contract Amendment to Charles Ham Associates

Deductive contract amendment to Charles Ham Associates in the amount of ($24,138) because architectural services for the Measure C construction program at Ayers, Monte Gardens, Sunrise, and Westwood elementary schools; and Sunrise Center did not need to include interim housing at those sites. Fiscal Impact: ($24,138)  Funding Source:  Measure C

 

3.7  Final Deductive Change Orders

3.7.1 Final Deduction Change Order to Bid 1445, Contract C-852 to BRCO contractors in the amount of ($241,037.09) for removal of existing mechanical systems and provision of new heating, ventilating, and air conditioning systems at Meadow Homes Elementary; and Glenbrook and Riverview middle schools. Funding Source:  Proposition 55 funds

 

3.7.2 Final Deductive Change Order to Bid 1446, Contract C-855 in the amount of ($43,073.69) for removal of existing mechanical systems and provision of new heating, ventilating and air conditioning systems at Ygnacio Valley Elementary School; and Clayton Valley and Ygnacio Valley high schools. Funding Source:  Proposition 55 funds

 

3.8  Final Change Orders

3.8.1 Final Change Order to Bid 1441, Contract C-848 to BRCO Construction, Inc. in the amount of $286,347, for the modernization and new classrooms at Silverwood and Westwood elementary schools. Funding Source:  Measure C

 

3.8.2 Final Change Order to Bid 1442, Contract C-850 to Taber Construction, Inc. in the amount of $25,705, for the modernization and new classrooms at Strandwood Elementary School; Diablo View Middle School; Loma Vista Adult Center and Willow Creek Center. Funding Source:  Measure C

 

3.8.3 Final Change Order to Bid 1493 to Sabah International, Inc. in the amount of $1,155 for the removal and replacement of fire alarm devices and reprogramming of fire alarm central panels at Bancroft, Holbrook, and Mt. Diablo elementary schools; and El Dorado and Foothill middle schools. Funding Source:  Deferred Maintenance

 

3.9  Notices of Completion

3.9.1 Notice of Completion to Contract C-848, Bid 1441 to BRCO Constructors, Inc., in the amount of $6,668,747, who provided the modernization and new classrooms at Silverwood and Westwood elementary schools. Funding Source:  Measure C

 

3.9.2 Notice of Completion to Contract C-850, Bid 1442 to Taber Construction, Inc., in the amount of $10,038,163.08, who provided the modernization and new classrooms at Strandwood Elementary, Diablo View Middle, Loma Vista Adult Center, and Willow Creek Center. Funding Source:  Measure C

 

3.9.3 Notice of Completion to Contract C-852, Bid 1445 to BRCO Constructors, Inc., in the amount of $5,058,962.91, for removal of existing mechanical systems and installation of new heating, ventilation, and air conditioning systems at Meadow Homes Elementary School; and Glenbrook and Riverview middle schools. Funding Source:  Proposition 55

 

3.9.4 Notice of Completion to Contract C-855, Bid 1446 to Bell Products, Inc., in the amount of $8,290,229.57, who provided the removal of existing mechanical systems and provided heating, ventilating, and air conditioning at Ygnacio Valley Elementary; and Clayton Valley and Ygnacio Valley high schools. Funding Source:  Proposition 55

 

3.9.5 Notice of Completion to Contract C-859, Bid 1471 to River Electric, Inc., in the amount of $122,095 for electrical upgrades, group 5, at Shadelands Elementary School. Funding Source:  Measure C

 

3.9.6 Notice of Completion to Bid 1493 to Sabah International, Inc. in the amount of $51,392, who provided the removal and replacement of fire alarm devices and reprogramming of fire alarm control panels at Bancroft, Holbrook and Mt. Diablo elementary schools; and El Dorado and Foothill middle schools. Funding Source:  Deferred Maintenance

 

3.10  Independent Service Contract with Augmentative Communication and Technological Services for an Augmentative/Alternative Communication (AAC) Specialist

The District has contracted with an AAC Specialist to collaborate with classroom staff and build internal capacity by training a District Speech Pathologist in the specialty area of AAC. The AAC Specialist will work through the 2007-2008-school year. Fiscal Impact:  $35,000  Funding Source:  Related Services Other Specialized Operation (1219)

 

3.11  First 5 Contra Costa School-Readiness Grant Contract

Granted Mt. Diablo Adult Education approval to accept a $253,313.52 grant from First 5 Contra Costa to implement a school-readiness program. Funding Source:  First Five Contra Costa

 

4.       RECOGNITIONS: None

 

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)

Eberhart said he appreciates hearing from the public in the community meetings and hopes to see more attending the upcoming ones. He would like the Board and staff to meet and discuss the district budget from adoption last June through the upcoming May Revise. He announced that he and Board member Strange have created an Internet blog site and invited the public to participate.

(Treece clarified that the blog is not an official MDUSD site. Mayo noted that not all members may participate on the blog as having a quorum participating would violate the Brown Act.)

 

Mayo reported on attending several events and activities: “Every 15 Minutes” at College Park High; California Distinguished School visits at Bancroft and Walnut Acres elementary schools; the 32nd District PTA meeting, which featured a panel of legislators, educators, and county officials in a discussion on how state budget affects California’s children; Wren Avenue Elementary, where she was excited to see all the instructional practices being implemented; the monthly Parent Advisory Council meeting, which featured a report on requirements for highly qualified teachers and parent assessments of their schools; the Intel-Affiliated Science and Engineering Fair, where students provided in-depth science and engineering projects and noting that mentors are needed to work with students as they progress through their projects; and the monthly Community Advisory Committee meeting, where she heard a report on autism, which will be presented to Board on April 22, and participated in letter-writing to state legislators on education funding. She said the CAC is looking for parents of special needs students who wish to serve on the committee. She announced the upcoming “You Make A Difference” award ceremony, which will be held on April 16 at Mountain View Elementary.

 

Strange encouraged the public to attend the community meetings, noting that three more are scheduled. He participated in Foothill Middle School’s Career Day, which was greatly supported by parents and community members. He reported that Senator Tom Torlakson visited Cambridge Elementary last Friday to promote www.donorschoose.org, a web site where teachers can request donations to classroom projects and donors can find projects they’d like to support. Comcast and DonorsChoose.org are sponsoring a matching grant challenge for any donations to county programs up to April 15, he said. He also visited and was impressed with the College Park TV class, which is broadcasting on www.cptvweb.org.  

 

Allen reported that he’d received a letter from Lauren Fickett, an employee who helped initiate the Mobile Maintenance Team in the District; encouraged the public to attend the community meetings; judged candidates for the Kennedy-King scholarships, awarded to minority community college students transferring to a four-year school; attended a dinner of the Concord Rotary, which donated the profits to Mt. Diablo High’s Serendipity program; attended a meeting of the Concord City Council, which adopted a resolution opposing the petition to transfer Walnut Creek schools out of the District and where council members made very positive comments about the District. He also visited Summit High and the Transitional Learning Center, located on the Concord High campus, where Administrator Lela Benson, students, and parents engaged in a “Turf Project” by laying turf that had been at Oakland Coliseum. He read a sampling of the notes he received from Sun Terrace students, thanking him for reading to them in March.

 

Treece reported that she and Dick Allen, as Concord Chamber of Commerce Chairman, invited local business and industry partners (Chevron, Tesoro, John Muir Health, etc.) to a meeting with Superintendent McHenry to talk about ways they can help the District. The group talked about many District issues, including the budget and agreed to meet again on May 1. She attended several events and activities: a luncheon hosted by Congresswoman Ellen Tauscher, who talked  about national issues; the Concord Rotary dinner; and the Parent Advisory and the community meetings. She reported on a number of high school competitions:  Clayton Valley, College Park, and Northgate high students participated in Model UN; Concord and Northgate in the Academic Decathlon, where Northgate earned “most improved”; College Park and Northgate in Mock Trial, where Northgate placed second. She reported on the Third Annual Intel-Affiliated Science and Engineering Fair held April 3-5. About 90 projects were submitted; 18 MDUSD students participated and 15 placed—8 earned 4th place, 5 earned 3rd place, 1 earned 2nd place, and 1 earned 1st place. Clayton Valley High’s CeeCee Chen won the national Sweepstakes in biology and will be going to international competition in Atlanta. She will invite all the students and the two teachers who help organize the fair to the first Board meeting in May.

 

5.3  Issues of Concern

 

6.       PUBLIC COMMENT

Peter Beekley, Special Education teacher, expressed frustration that he has to wait indefinitely for his fingerprints to clear before he can begin his teaching assignment and urged the public to lobby the federal Department of Justice to expedite the fingerprint review process. (In response to Strange, Isserman said staff has asked the state Department of Justice to improve the process, but it has not helped so far.) Michelle Gastelum, parent, detailed some complaints against a coach and the principal at Ygnacio Valley High School. (In response to Treece, McHenry said the complaint has been investigated; he will provide the report to the Board.)

 

7.       COMMUNICATIONS

Student Representatives

Kyle Thomson of Clayton Valley, Samantha Dimetriou of College Park, Brittany Sofa of Mt. Diablo, and Brandon Bratcher of Ygnacio Valley reported on events, activities, and issues at their respective high schools.

 

8.       REPORTS/INFORMATION

8.1  Measure C Oversight Committee
AJ Fardella, past chair of the Measure C Oversight Committee, and John Ferrante, first and current chair, reported on the Measure C program on the completion of its fifth year. Ferrante expressed high praise for everyone involved, including Vanir construction management firm and particularly MDUSD Maintenance and Operations Director Pete Pedersen. He said there has been “phenomenal work at sites throughout the District,” remarking that the committee members have been strongly committed to the program and continually asked hard questions of staff. He thanked the Board and Administration for supporting the program. Fardella presented details of the Measure C program over the past five years, concluding, “Everything was managed perfectly and all projects completed.” Treece thanked the committee members on behalf of the Board for their hard work and dedication.

 

8.2    Worker’s Compensation
Barbara Corrick, who joined the District in the new position of Workers Compensation Manager last December, provided a report covering the number, type, and cost of claims by employee unit over the past four years. She noted that the top five causes of injury (e.g. slips, trips, and falls) are all behavioral, pointing out the need for safety training. Since December 1, 2007, the following have been put into practice at MDSUD:

          District input of claims and re-organization of claim files

          Proper claims management and focus

          Claims reviews held quarterly with both insurance carriers.

          Ongoing partnership with Claims Adjusters on efficient claim handling and settlement strategies.

          Partnership with Occupational Medicine Groups:  Met with Muir Diablo Occupational Medicine and Kaiser Occupational Medicine, to reduce employee wait time at initial visit and improve communication.

          Claim Prevention Strategies: Performed ergonomic workstation evaluations by providing minor, low cost adjustments to prevent future claims.

Next steps to be implemented:

          Injury & Illness Accident Investigation program

          Workers’ compensation claims reporting procedure manual for District sites and departments

          Begin monthly reporting of workers’ compensation frequency and costs

          Conduct Workers’ Compensation Basic Training

          Implement an early Return-to-Work program

          National statistics show that employees who remain at work following an on-the-job injury, heal at a much faster rate than those who stay at home.

          Claim costs due to lost time would be dramatically reduced.

She recommends the district adopt a “Focus on Safety” approach, which would result in:

          A significant reductions in workers’ compensation costs, perhaps by 1/3 with an action plan implementation.

          A reduction in the number of sick days used.

          An improvement in employee safety awareness.

          A better trained staff.

Specific Recommendations:

          Develop a District Safety Committee that would meet quarterly 

          Superintendent/or designee would appoint committee members and would attend meetings to “Focus on Safety” within the District.

          Review and make recommendations on District Safety practices and procedures

          Provide guidelines, training recommendations, and oversight to District Safety initiatives

          Develop a Safety Team that would meet monthly (or more/less often depending on claim frequency)

          Suggested team members would be; Director of M&O, Workers’ Compensation Manager, Personnel Directors, and Union/Association Leadership.

          Review reported injury/illness claims

          Develop recommendations for prevention

          Develop “pro-active, pre-claim” ergonomic injury prevention program

          Plan an annual Employee “Focus on Health and Safety” Health Fair

          Partner with District health plan providers and Occupational Medicine Clinics; No cost to the District

          Design and implement “Focus on Safety” newsletter for all employees

 

9.       SUPERINTENDENT'S REPORT

McHenry announced that the next community meeting will be held for the Ygnacio Valley High attendance area on April 17 at Oak Grove Middle. He said staff will hold a second meeting in Pleasant Hill because not all the questions were addressed in the first meeting.

 

10.    BUSINESS

 

10.1    Request to Rescind March 15 Notices of Possible Layoff for School Psychologists

Strange moved, Allen seconded, and the Board voted 5-0-0 to rescind March 15 Notices of Possible Layoff that were sent to MDUSD school psychologists. Three (3.0) full-time equivalent (FTE) psychologists have submitted paperwork for their retirement/resignation. These retirements/resignations will be used to decrease the number of certificated employees (specifically 3.0 FTE School Psychologists) who will be laid off.

 

10.2    Resolution 07/08-71 Relative to Elimination and Reduction of Classified Positions

Allen moved, Mayo seconded, and the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 07/08-71, eliminating and reducing positions in the DMA, CSEA, Local One, CST, and Local One, M&O units as listed in the resolution. Program modifications and budgetary limitations make it necessary to eliminate and reduce these classified positions. The reduction will result in a savings to the (unrestricted) General Fund of $866,755 and (restricted) $180,449. In response to McHenry, Classified Personnel Director Dorothy Epps reported that jobs are being found in other parts of the District for most classified employees whose positions have been eliminated. In response to Eberhart, McHenry said the positions listed are those approved to be cut during the recent budget reduction process

 

10.3    Research and Evaluation Budget

Allen moved, Mayo seconded, and the Board voted 5-0-0 (Student Rep, yes) to approve an additional allocation in the amount of $52,527.43 to provide mandated testing services. Funding Source:  Unrestricted General Fund

 

Board comment   Eberhart said this item is an example of why he wants the Board to look at changes in the budget from its adoption in June 2007 to now. Strange asked for more detailed reports on the budget from now on.

 

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

Mayo moved, Allen seconded, and the Board voted 3-2-0 (Eberhart, Strange, no; Student Rep, yes) to adopt revised BP/AR 5121, adding “Pass (P)” to grade marking. Presented as information at the March 18 meeting, this item was returned for action at this time.

 

Board comment   In response to Eberhart, McHenry explained that the statement about a student’s needing to earn at least a 2.0 GPA was erroneously included in this policy. It will be included in a policy on participation in athletics and co-curricular activities. Eberhart reiterated his continuing opposition to the statement that a student’s “behavior, effort, and attendance shall be reported in separate evaluations, not in the student’s academic grade/rubric scores.” He does not believe those criteria should be excluded from academic grades. Mayo pointed out that the policy applies to students in grades K-12, and younger children are learning behavior and effort. She also believes some student attendance is a result of family transportation issues and not the fault of the student.

 

11.    ADJOURNMENT

Mayo announced that the District would be holding an Free E-Waste Recycling Event on April 18, 19, 20 at the MDUSD Maintenance and Operations yard. Treece adjourned the meeting at 9:30 p.m.

 

 

                                                               

Gary McHenry, Secretary