BOARD MEETING: April 22, 2008
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
Anticipated litigation: Brown Act interpretation
Eberhart moved, Strange seconded, and the Board voted 3-2-0 (Allen, Treece, no) to direct the Superintendent to post the agendas for the Superintendent’s Parent Advisory Counsel until further notice.
2. RECONVENE OPEN SESSION: The Board returned to Open Session in the Board Room at the Dent Center at 7:30 p.m. President Treece led the Pledge of Allegiance to the Flag and reported the items discussed and actions taken in Closed Session.
Student 50-08: Allen moved, Strange seconded, and the Board voted 5-0-0 that Student 50-08 be expelled from all schools programs of the
Student 51-08: Mayo moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 51-08 be expelled from all schools programs of the
Student 52-08: Eberhart moved, Mayo seconded, and the Board
voted 5-0-0 that Student 52-08 be expelled from all schools programs of the
Student 53-08: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 31-08 be expelled from all schools programs of the
Student 54-08: Allen moved, Mayo seconded, and the Board
voted 5-0-0 that Student 54-08 be expelled from all schools programs of the
Student 55-08: Mayo moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 55-08 be expelled from all schools programs of the
3. CONSENT AGENDA
After removing Item 3.6 for clarification at Eberhart’s request, Eberhart moved, Mayo seconded, and the Board voted 5-0-0 to adopt the Consent Agenda, thereby approving the following:
3.1 Minutes of the meeting of March 11, 2008.
3.2 Certificated Personnel
3.2.1 Leaves of Absence, Resignations, Retirements, Employment
3.2.2. Resolution 07/08-76 Variable Term Waiver Request
Adopted Resolution #07/08-76 authorizing Julie Nelson to apply for a Variable Term Waiver, giving her additional time in the 2007-08 school year to complete certain requirements for the credential that authorizes her service. A waiver request is made when there is not a properly credentialed person available for the position.
3.2.3 Memorandum of Understanding (MOU) and Agreement with the University of San Francisco to Provide Education Specialists, Counseling, and Teaching Interns for the Term of April 8, 2008 through June 30, 2009
Approved an MOU and Agreement with the
3.2.4 Memorandum of Understanding (MOU) and Agreement with
Approved an MOU and Agreement with the
3.2.5 Reduction of Full-Time Equivalent Positions (FTE) for the 2008-09 School Year
Reduced a .6 FTE intervention teacher and a .1 librarian at
Fair Oaks Elementary for the 2008-09 school year, decreasing the expenditure
budget of Categorical Funds in the amount of $48,938. Funding Source:
3.3 Classified Personnel
3.3.1 Leaves of Absence, Resignations, Retirements, Employment
3.3.2 Funding Change for Adult and Career Education Accountability Specialist Position in Adult Education
Approved transferring 4 percent of the cost of a full-time, 12-month Adult and Career Education Accountability Specialist position from the Adult Education Fund to the Perkins Grant, resulting in a savings to the Adult Education Fund of $2,893.92. Funding Source: 4% Perkins Grant $2,893.92; 96% Adult Education $69,454.04
3.4 Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of March 2008
3.5 Fiscal Transactions for March 2008
3.6 Consider Increasing Spending Authority for the Contracts between Mt. Diablo Unified School District Psychology Learning and You (PLAY) and Educational Support Services—See “Separate Action” below
3.7 Award of Inspector of Record (Project Inspector) Contract
Awarded contract not to exceed $10,880 to Alisha Jensen for inspection oversight of ADA doorway improvement work at Ayers and Monte Gardens elementary schools. Funding Source: Measure C
3.8 Award of Inspector of Record (Project Inspector) Contract
Awarded contract not to exceed $28,000 to Alisha Jensen for
inspection oversight of the construction of the modular restroom buildings at
3.9 Award of Bid 1506 to T.D. Brickley Construction
Awarded Bid 1506 to T.D. Brickley Construction, in the
amount of $97,000, for the accordion wall replacement at
3.10 Final Change Order to Contract C-872, Bid 1500, Galedrige Construction, Inc.
Approved final change order to Bid 1500, Contract C-872 to
Galedrige Construction, Inc. in the amount of $28,047.62 for paving
3.11 Notice of Completion to Contract C-872, Bid 1500
Approved Notice of Completion to Bid 1500. Contract C-872 to
Galedrige Construction, Inc., in the amount of $207,072.62, for access road
3.12 CIF/North Coast Representatives for Mt. Diablo Unified School District High Schools 2008-2009
Ratified designation of principal, vice principal, and
athletic director positions from
3.13 Community Based English Tutoring Program (CBET)
Approved submittal of an application to the California Department of Education (CDE) for continued participation by Mt. Diablo Adult Education, in collaboration with MDUSD elementary schools, in the Community Based English Tutoring Program (CBET) in the 2008-2009 school year. There is no impact to the General Fund or to the Adult Education Fund. No matching funds are required. Funding Source: Community Based English Tutoring (CBET) Program Funds. CDE will allocate funds using a formula based on the number of LEP pupils identified in the annual Language Census Survey in the prior year. The allocation of CBET services to MDUSD has ranged from $150,000 to $200,000 depending on the census.
3.14 Application for Carl D. Perkins Vocational and Applied Technology Education Act Funds 2008-2009
Approved submittal of an application for $195,986 in funding for secondary vocational education program improvements and $67,991 in funding for adult education vocational program improvements through the Carl D. Perkins Vocational and the Applied Technology Education funds.
Approved submittal of applications for the following:
3.6 Consider Increasing Spending Authority for the Contracts between MDUSD, Psychology Learning and You (PLAY), and Educational Support Services
Board comment/action In response to Eberhart, Browne said the District does have to use some General Fund money to pay the costs of non-public schools. Mayo moved, Allen seconded, and the Board voted 5-0-0 to approve a $30,000 increase to the District’s contract with PLAY and a $50,000 increase to its contract with Educational Support Services. Both are non-public agency providers of behavioral health services that have been designated as part of student’s Individualized Education Plans (IEPs). The increased costs are due to increases in student caseloads, changes in service levels, and increased training and support for new teachers and support staff. Fiscal Impact: The total cost of both contracts is $80,000. Funding Source: Non Public Agencies (1661)
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
Eberhart reported that he and Board member Strange met with
a group of parents, staff, and community members in
Mayo reported on visits with
Bylund to Valhalla,
Strange announced that State Senator Tom Torlakson is
planning to host an education summit this spring. He encouraged the public to
Allen also attended the “You Make a Difference” award ceremony last week, noting that 92 individuals were nominated for recognition; the 24 honored included teachers, instructional assistants, campus supervisors, and community members. He noted that these are the people who help students achieve the success for which they are recognized at the District’s “Celebration of Success” each fall (October 22 this year).
Treece reported that she, Strange, and Joanne Durkee, director of adult and career education, attended a meeting on Career Integrated Academics that included a number of industry partners. There were many positive comments afterwards. She also attended the Bay Point Chamber of Commerce meeting with Allen and a session of the District’s committee conducting the pilot project on the equitable distribution of highly qualified teachers. She said the group includes a variety of voices including the MDEA leadership. She joined representatives from labor, business, and the District to talk with State Assemblyman Mark DeSaulnier about the impact of the state budget on education. A similar meeting with State Senator Tom Torlakson is planned.
5.3 Issues of Concern
Mayo asked if the community meetings Eberhart and Strange are advertising on their Internet blog have to be noticed in case a third Board member wanted to attend. Eberhart said if a third Board member arrived, the people attending meeting would be asked if they wanted to cancel it. Strange said the meetings are organized by a community member, so they are not officially Board meetings. Eberhart agreed, saying he and Strange are invited guests. He said he’s heard that Treece and Allen have recently been invited to a similar meeting. He believes that as they are community meetings, they do not need to be noticed.
devices at Board meetings
Mayo said it may be necessary to establish protocol for Board member use of electronic devices during a Board meeting. Using a Blackberry, computer, or other device, members can receive messages that others in the room are not privy to. On the other hand, Board members who use a computer during the meeting may be asked during a discussion to look something up on the Internet. Treece asked the General Counsel to provide some legal background on the use of electronic devices during Board meetings to help the Board establish such protocol. Eberhart said the California School Boards Association (CSBA) has some helpful information on the use of technology.
6. PUBLIC COMMENT
Connie Warner, parent and chair of Community Advisory Committee for Special Education, said the government is increasingly pushing the community to fund public education. Public schools must serve those who need special services without overburdening the other students. She said the District must continue to comply with Special Education Consent Decree even when funds are cut and urged the Board to reach out to other parts of community, to form business partnerships and to solicit support for a parcel tax in order to continue to provide services to students with special needs.
7. COMMUNICATIONS: None
8. REPORTS/INFORMATION: Programs and Services for Students with Autism
Browne introduced Kara Oettinger, behaviorist program manager, who reported on the District’s program for students with autism. Highlights:
• Change in Criteria
• Autism was recognized as early as 1946 but not included as a category until 1980.
• Six characteristics were used to diagnose Autism from 1980-1994.
• In 1994, the category of pervasive developmental disorders and several subtypes were added. A child needs to exhibit six of the 16.
• 12 Educational Characteristics of Students with Autism
• Skills often need to be taught directly (1 to 1)
• Tasks need to be broken down into manageable steps
• Abilities are uneven
• Generalization is difficult
• Variations in attention; can’t shift easily
• Learn better visually
• Change not easily tolerated
• Have difficulty performing on request
• Rote memory often superior but comprehension poor
• Extra time needed to process information
• Motivation is not reliable/reinforcers change often
• “down time” is very challenging
• Services may include:
• Speech/Language Therapy
• Occupation Therapy (OT)
• Physical Therapy (PT)
• Adapted Physical Education (APE)
• Behavioral Support
• Assistive Technology/Alternative Augmentative Communication
• Additional Individual Assistance
• Changes over the years:
• In 2000: District served 106 students identified with a state eligibility code of Autism Spectrum Disorder
• In 2008: 383 students with Autism Spectrum Disorder
• 261% increase in the past 7 years; average annual increase: 37%
• 2005-2006 school year: District developed Autism Specific Classrooms’ currently has 9
• Student Population
• Severe (Intensive)—Autism- associated with other conditions: Mental Retardation, Fragile X
• Moderate (Strategic)— Classic Autism
• Mild (Benchmark)— High Functioning Autism, Aspergers Syndrome
• District Program: Autism Specific Classrooms
• Intensive Program Objective: Students learn to use basic language concepts, make verbal requests, accomplish simple routines, participate in small group instruction and engage in beginning play skills with facilitation.
• Strategic Program Objective: Students learn to expand understanding of language, use spontaneous words, master pre-academic work, participate in large group instruction, mainstreaming opportunities with support, and play with others with facilitation.
• Benchmark Program Objective: Students expand language and academic concepts such as prepositions, pronouns, telling time and adding/subtracting; participate in large group instruction, extensive mainstreaming opportunities and play with others independently.
• Other programs:
• Full-Inclusion Program
• Mild/Moderate Special Day Class
• Moderate/Severe Special Day Class
• Spectrum Collaborative Classrooms
• Non-Public Schools
• Utilizing program resources for cost-effective classrooms
• Increase of a District behaviorist
• Continued training and program development to decrease reliance on contracted services and increase internal capacity
• Development of training modules for paraprofessionals
• Creating magnet school sites to maximize staff time and resources
• Redesigning behavior support to be class-wide rather than individual
• Moving to collaborative, consultative model for Speech/Language, Occupational Therapy, Physical Therapy, Assistive Technology/Augmentative Communication, and other related services
• Improved communication with parents to lessen complaints and litigation costs through parent workshops, CAC meetings, website link and open task force meetings.
• Quality indicators to maintain high standards and integrity of program using internal staff
• Outcomes for 2007-08
• Autism Spectrum Resource Binder
• Elementary principal trainings
• Classroom and site support
• Summer and afterschool programs
• Increased parent involvement
• Fundraiser: Silent Auction
• Website link
• Tip sheet
• Autism Awareness Month: postcards, email cards, flyer
In response to Mayo, Oettinger said the number of autistic students has
doubled in the past year; many students are moving into the District seeking
those services. Mayo said she has learned through her site visits that
increasing numbers of autistic students are being mainstreamed into general
education classrooms. In response to Strange, Oettinger said the Autism Task
Force meets in the Special Ed. Annex at the
9. SUPERINTENDENT'S REPORT
McHenry said he and a number of other people have been involved in efforts to bring state budget picture into clearer focus. They have been meeting with state legislators and in their professional associations to let the public know that there is still a state fiscal crisis that is impacting schools. They have been starting campaigns to urge local legislators to get more money for education. Though the Board has made $14 million in budget reductions for 2008-09, he said, “We may have to go even further if we do not get some relief from the state.” He said there’s a possibility of having to make as much as $2.4 million in budget reductions in 2008-09 to wipe out a revenue-expenditure gap in 2010-11. He explained the impact if the District received additional monies. A one percent increase in 2008-09, for example, would equate to an additional $2 million in 2008-09, 2009-10, and 2010-11. “But we can’t count on that,” he said. “We may need to return to budget cuts at the next Board meeting.” He encouraged the public to contact legislators and suggested the following talking points:
· The Governor is proposing a 10 percent across-the-board cut in spending. This would result in approximately $4.6 billion in reduced funding for K-12 public education.
· A state budget proposal that looks at cuts alone is not a real solution. Investing in public education is one of the most important ways to ensure the long-term growth and health of our state's economy. Today’s students are tomorrow’s well-educated and highly skilled citizens who will fill more high-paying jobs, create more new businesses, and cost the state less in other social services – if we support them now.
of teachers are losing their job. In
· The Mt. Diablo USD Board of Education has approved nearly $14 million in reductions to the 2008-09 budget. They include the elimination of 145 job positions in all areas of the district: teachers, instructional assistants, clerical and technical support, site and district administrators, maintenance and grounds workers, and campus supervisors.
· Voters passed Proposition 98 almost 20 years ago to ensure our students and schools receive minimum funding. They strongly reaffirmed their support for the minimum funding law in 2005. Proposals to suspend Proposition 98 conflict with the will of the voters and jeopardize the minimum education funding levels Proposition 98 provides for students and schools.
to a report from Education Week,
budget is a reflection of our community values. This budget does not value the
education, health, or welfare of our children and the future of
budget flunks the basic test of good government: It hurts our children. Our
children did not create this financial crisis and they should not have to pay
10.1 Appointment of Principal, Middle School
Strange moved, Eberhart seconded, and the Board voted 5-0-0 to appoint Robert Humphrey as Principal, Middle School, effective July 1, 2008.
10.2 Resolution 07/08-72 Day of the Teacher, May 14, 2008
Mayo moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-72, recognizing May 14, 2008, as Day of the Teacher, acknowledging the lifelong influence that teachers have on the lives of children, and expressing the Board’s appreciation for the creativity, dedication, and talent of teachers in the District.
10.3 Resolution 07/08-73 Classified School Employees’ Week
Strange moved, Eberhart seconded, and
the Board voted 5-0-0 to adopt Resolution 07/08-73, declaring the week of May
19–23, 2008, as Classified School Employees’ Week, recognizing and honoring the
contribution of the classified school employee to quality education in the
10.4 Resolution 07/08-74 Asian Pacific Heritage Month – May 2008
Eberhart moved, Allen seconded, and the Board voted 5-0-0 to
adopt Resolution 07/08-74, acknowledging the California Department of Education’s
designation of May as Asian Pacific Heritage Month and recognizing the many
contributions made by the people from the Asian Pacific lands to the growth and
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 to approve
10.6 Tentative Agreement between Mt. Diablo Unified
Eberhart moved, Allen seconded, and
the Board voted 5-0-0 to approve a tentative agreement between the
• Changing the maximum eligibility age for retirement medical and dental benefits for the employee and a spouse or dependent from the current age 60 to age 63.
• Establishing an 18-day delay at the beginning of each school year and at the beginning of each semester at the secondary level in the Association’s or an individual member’s filing a grievance for class size overages and accepting the grievance at Step II on student day 19 if class size overage(s) still exist.
Board comment Mayo thanked the MDEA and District bargaining teams for working out agreements on these two matters. In response to Strange, Isserman confirmed that teachers who have submitted retirement papers will have the option to rescind that retirement by April 30, 2008, and that the class size grievance will go directly to Step II, the District level.
10.7 Special Education Budget 2007-2008
McHenry explained that the 2007-08 Special Education budget needs to be increased because 1) the invoice for Special Education transportation services in 2006-07 arrived after the books were close so the bill was paid out of the 2007-08 budget and 2) enrollment in non-public schools continues to increase beyond the number used for budget projections.
Board comment In response to Strange, Nicoll said there is a $900,000 offset in vacancy savings. Also in response to Strange, McHenry said staff expects to reduce enrollment in non-public schools next year and save costs. He said enrollment declined from 112 in 1999 to 91 in 2003 and then grew to the 183 it is today. Staff is reviewing the Individualized Education Plans to determine which students currently in a non-public school can be served by a District program. He said that if the non-public school enrollment can be reduced by 20 students, at cost of approximately $40,000 each, the District can reduce this expense by $800,000. Strange asked a variety of questions about the budgeting for Special Education. McHenry, Browne, and Nicoll provided responses. Mayo said costs for Special Education services are best referred to as “volatile,” remarking that the student needs that District staff will have to address from one year to the next cannot be precisely predicted. Eberhart said he wants assurance that staff has a plan to reduce expenses.
Nicoll explained the budget development process. He said Fiscal and Personnel staff have met with budget managers at most of the schools to review their budgets, which are largely formula-driven. Nicoll is personally meeting with department managers. Specific to this agenda item, he and Browne have been going through every Special Education program to determine what is needed. He will meet with other District department managers for the same review. After these meetings he will give the Board a list of every program in which there is a budget change, whether it’s an increase or a decrease. Strange requested a report of District department budgets.
Board action Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve an additional budget allocation for the Special Education Department. Fiscal Impact: Transportation (5411) $900,000; Non-Public Schools (1660) $2,073.523. The impact of this request will be offset by a savings of $117,463 from Program 3122 (Part B Local Assistance) and an estimated salary savings of $767,450 from other General Fund accounts. Funding Source: Unrestricted General Fund
10.8 New Contract between Mt. Diablo Unified
Allen moved, Eberhart seconded, and the Board voted 5-0-0 to approve an additional $11,500 to the contract with The Speech Pathology Group. a non-public agency (NPA) providing speech services designated as part of students’ Individualized Education Plans (IEPs). Fiscal Impact: $35,000, of which $23,500 has been paid to date, resulting in the need for an additional $11,500. Funding Source: Non-Public Agencies (1661)
10.9 Contract between Mt. Diablo Unified
Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve contracts totaling $143,000 with independent contractors Mikey Pawar, Linda Haymes, and Megan Schuneman to provide direct and consultative services to MDUSD students through the Special Education Department. Fiscal Impact: $100,000 addition to $135,000 contract with Mikey Pawar: $10,000 addition to $30,000 contract with Linda Haymes; new $33,000 contract with Megan Schuneman. Funding Source: Non-Public Agencies (1661)
10.10 Request to Rescind March 15 Notices of Possible Lay Off Sent to Probationary Teachers at the Secondary Level with Single Subject Credential, Except Those Holding Credentials in Art, Industrial and Technology Education, Business, and French. In Addition, the District Requests Rescission of March 15 Notices of Possible Lay Off Sent to All Library Media Teachers.
McHenry reported that the District sent out notices of possible lay off to 300 teachers in March. As of April 22, the District had received retirement notices from 51 teachers. That number, coupled with the need for fewer teachers as a result of declining enrollment, prompts him to request that some of those notices be rescinded.
Board action Strange moved, Mayo seconded, and the Board voted 5-0-0 to rescind Notices of Possible Lay Off that were sent to library media teachers and to teachers holding Single Subject credentials at the secondary level except for those holding credentials in Art, Industrial and Technology Education, Business, and French.
10.11 Resolution 07/08-75 Relative to Elimination and Reduction of Classified Positions
Allen moved, Mayo seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-75, eliminating and reducing positions in the DMA, CSEA, and Local One, CST 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 the following savings:
General Fund $84,401.87
Restricted Maintenance 21,100.47
School Improvement Program 47,678.58
Title I, Shore Acres 30,308.19
Sequoia Elem. Parent Faculty Assoc. 3,394.02
10.12 Joint Project between Mt. Diablo Unified School District and the City of Concord to Install Gates and Fencing to Support the District Policy of a Closed High School Campus
Strange thanked the Concord City Council for providing funds for a
wrought iron fence on
Strange moved, Allen seconded, and the Board voted 5-0-0 to approve an
agreement for the City of Concord to install gates at both ends of Grant Street
and close the gaps in fencing that surround the outer border of Mt. Diablo High
School. There is no impact to the General Fund. The City of
10.13 Board Policy/Administrative Regulation 6146.1 High School Graduation Requirements
Changes in the California Education Code require a statement in Board policy pertaining to the rights of students who did not pass the High School Exit Exam (CAHSEE) to receive intensive instruction and services for up to two consecutive academic years after their completion of Grade 12. Additional changes in Ed. Code require language to clarify the process whereby students may waive a second year of Physical Education. Presented as information at several previous Board meetings, this item was returned for action at this time.
Board comment Eberhart said he does not believe high school principals should have the authority to make judgments regarding student requests for deferment from physical education; rather, there should be District criteria with decisions made at the District level.
Board action Mayo moved, Allen seconded, and the Board voted 3-2-0 (Eberhart, Strange, no) to approve revised Board Policy/Administrative Regulation 6146, “High School Graduation Requirements.”
10.14 Membership Recommendation for Community Advisory Committee
Eberhart moved, Strange seconded, and the Board voted 5-0-0 to approve Maria Grosskopf for membership on the District’s Community Advisory Committee. Mayo reported that the CAC is hoping to expand its membership and invited interested individuals to contact Dr. Browne’s office.
10.15 Adoption of 7th Grade Novel Blood Red Horse, by K.M. Grant for the Extended Core Literature List
A Site Literature Committee at
10.16 Adoption of 10th Grade Novel The Kite Runner, by Kahled Hosseini for the Extended Core Literature List
A Site Literature Committee at
10.17 Adoption of the Studio Art AP-Drawing Course of Study
A committee of high school teachers developed the Studio Art AP-Drawing Course of Study. Presented only as information at this time, this item will be returned for action at a subsequent meeting.
10.18 Adoption of Studio Art AP-3D Design Course of Study
A committee of high school teachers developed the Studio Art AP-3D Course of Study. Presented only as information at this time, this item will be returned for action at a subsequent meeting.
10.19 Board Policy/Administrative Rule 6164.2 – Instruction
Changes in the California Education Code require Board Policy and Administrative Rule 6164.2, “Instruction,” to include text related to the school counseling program and to students’ preparation for college and/or career. Presented only as information at this time, this item will be returned for action at a subsequent meeting.
10.20 Job Description for Manager of Research and Evaluation
With the elimination of Director of Research and Evaluation position as part of the recent budget reductions, the Research Specialist position is being upgraded to include more responsibilities and a higher salary. Presented only as information at this time, this item will be returned for action at a subsequent meeting.
At Treece’s request Board members selected October 30, 2008, as the date they are available to meet in joint session with the Walnut Creek City Council. She then adjourned the meeting at 9:57 p.m.