BOARD MEETING: May 27,
2008
ATTENDANCE: Board:
Administrative Staff: Superintendent
1.
CALL TO ORDER: President Treece called the meeting
to order at 4:30 p.m. in the Board Room at the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed
Session at 4:31 p.m. in Room 6 at the
Existing Litigation
•
Strange
moved, Allen seconded, and the Board voted 5-0-0 to approve a settlement
agreement in OAH Case #N2007070063 and #N2008040509.
•
Eberhart
moved, Mayo seconded, and the Board voted 5-0-0 to provide direction to staff
in the case of Spieler v MDUSD.
Expulsion Hearing
Strange moved, Allen seconded, and the Board voted 5-0-0 to approve a student’s
second request for a 30-day extension of an expulsion hearing.
2.
RECONVENE OPEN SESSION: The Board returned to Open Session
in the in the Multi-Use Room at
Expulsions
Student 65-08: Strange
moved, Mayo seconded, and the Board voted 5-0-0 that Student 65-08 be expelled
from all schools programs of the
Student 66-08: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 66-08 be expelled from all schools programs of the
Student 67-08: Eberhart moved, Allen seconded, and the Board
voted 5-0-0 that Student 67-08 be expelled from all schools programs of the
Student 68-08: Mayo moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 68-08 be expelled from all schools programs of the
3.
CONSENT AGENDA
Mayo 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 meetings of April 22, 2008.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Resolution 07/08-80 Variable Term Waiver Request
Adopted Resolution #07/08-80 authorizing Thomas Mahood to
apply for a Variable Term Waiver, giving him additional time in the 2007-08 and
2008-09 school years to complete certain requirements for the credential that
authorizes his service. A waiver request is made when there is not a properly
credentialed person available for the position.
3.2.3 Increase in Full-Time Equivalent Position (FTE) for
the 2008-09 School Year
Added a 0.50 FTE math coach position at Shore Acres
Elementary, increasing the expenditure budget of Categorical Funds by $30,114.
Funding Source: High Priority Schools Grant
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations, Retirements,
Employment
3.3.2 Increase in Hours for a Campus Supervisory II Position
at
Increased from 22.5 to 40 hours/week an existing school day
only Campus Supervisor II position at Oak Grove Middle School, effective 7/1/08.
Fiscal Impact: $22,247.86 for 2008-09. Funding Source: Teacher Recruitment and
Retention Funds
3.3.3 Increase in Hours for a Campus Supervisor II Position
at
Increased from 22.5 to 35 hours/week an existing school day
only Campus Supervisor II position at Riverview Middle School, effective 7/1/08.
Fiscal Impact: $11,194.33 for 2008-09. Funding Source: Teacher Recruitment and
Retention Funds
3.4 Monthly Budget
Transfers and/or Budget Increases/Decreases for the Month of April 2008
3.5 Fiscal
Transactions for April 2008
3.6 Award of Bid
1513 to Dryco Construction, Inc.
Awarded Bid 1513 in the amount of $349,017 to Dryco
Construction, Inc. for paving improvements at
3.7 Award of
Purchase Order to A & E Emaar
Awarded purchase order in the amount of $72,500 to A & E
Emaar for gas line repairs at Sequoia Elementary and
3.8 Contract with
PHd Architects for Architectural/Engineering Services
Approved contract not to exceed $6,000 with PHd Architects
to design and oversee the installation of a new electric marquee at
3.9 Bid
1481 Biodegradable Lunch Trays
Awarded Bid 1481 to Danielson Company, thereby
renewing the contract with the company and approving a purchase order for biodegradable
lunch trays. Contract is for a period of one (1) year, with an option to renew
for an additional one-year extension at the District’s option. Fiscal
Impact: Projected cost not to exceed
$140,000 for the 2008-09 school year. Funding Source: Cafeteria Funds
3.10 Food
and Nutrition Services
Approved purchase orders for all food and beverages for
MDUSD Food and Nutrition Services, allowing the District to issue purchase
order/contracts to the following vendors:
Davi Produce $ 175,000
Foster Farms Dairy 350,000
Gold Star Foods 2,330,000
Hayes Distributing Company 540,000
Rubino Wholesale Produce 150,000
Pleasant Hill DVC Round Table Pizza 157,000
Fiscal Impact: Projected expense not to exceed $3,702,000 for
the 2008-09 school year. Funding Source:
Cafeteria Fund
3.11 Contract
between Mt. Diablo Unified
Approved contract for Paradigm HealthCare Services, Inc. to prepare
and submit Medi-Cal claims to the State Department of Health Services for
reimbursement of health care services provided by the District as a Local
Education Agency (LEA) and to submit the Cost and Reimbursement Reconciliation
Schedule (CRCS) that each LEA must complete. Fiscal Impact: Up to $31,000
Funding Source: Medi-Cal (
3.12 Approval
of Independent Contract with Laurie Gulutzan MFT to Provide Counseling Services
to Students at
Approved contract not to exceed $71,000 for Laurie Gulutzan,
MFT, to provide counseling and case management services at
4.
RECOGNITIONS
4.1 Intel-Affiliated Contra Costa Science
and Engineering Fair Winners, Teachers and Coaches
President Treece presented
certificates of achievement to many of the students who participated and won
awards at the Contra Costa Science and Engineering Fair and the teachers who mentored
them. She also expressed appreciation for the students’ parents. A list of all
student participants follows:
Clayton
Valley High students, under the guidance of biology teacher Karen Kelly:
|
Award |
Student |
Grade |
Project Title |
|
1st |
* Cici
Chen |
11 |
Got
Fuel? Can Baker's Yeast Convert Wood Cellulose to Ethanol? |
|
3rd |
Sabrina
Wadsworth |
9 |
Dog
Smarts |
|
3rd |
Karly
Lee |
9 |
Growth
or No Growth |
|
3rd |
Lindsey
Young |
9 |
Growth
or No Growth (team see above) |
|
3rd |
Christine
Sifferman |
10 |
I Know
That Voice |
|
4th |
Kendra
Oxman |
9 |
Does a
Person's Gender, Age, or Being Athletic Affect their Reaction Times? |
|
4th |
Adrienne
Young |
9 |
How
True is an Eyewitness Testimony? |
|
4th |
Miranda
Lutz |
9 |
What
Conflicting Mental Tasks Reveal About Thinking: The Stroop Affect |
|
4th |
Kelby
Madal-Helmuth |
10 |
Core 2
Duo vs Pentium 4 |
* Cici Chen also achieved Third Place Grand Award Winner
in Energy and Transportation international competition held in
Concord
High students, under the guidance of physics teacher Frank Redle and biology/AP
biology teacher Ernie Liu:
|
Award |
Student |
Grade |
Project |
|
2nd |
Andrew
Renwick |
10 |
Building
Better Propellers |
|
3rd |
Julia
Dills |
10 |
Do
Fears Change with Age? |
|
4th |
Lyna
Huynh |
10 |
Iron
Cereal (Ernie Liu) |
|
4th |
Erica
Reames |
|
The
Connection Between Heart Rate and Test Scores |
|
Entrant |
John |
10 |
Lung
Capacity of Running |
|
Entrant |
Dani
Doedens |
10 |
Tail
Wagging and Brain Lateralization of Dogs |
4.2 Coach of the Year Award
McHenry explained that a year ago the District established the athletic Coach
of the Year award to recognize the work the coaches do for the 3,000 student
athletes in MDUSD. He said coaches work long hours; many are teachers, others
own their own business. He thanked retired District administrator
4.3 State of
4.4
Sandra Hall of the Martinez Music Forum presented a $500 check to Lynda Snyder,
music teacher at Hidden Valley Elementary, in recognition of the work she and
fellow music teacher Stella Brown do for students at the 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)
Eberhart reported that in a budget study session last week
the Board and the MDUSD Budget Advisory Committee discussed the ramifications
of the Governor’s latest state budget proposal, which has gone from “really bad
to only bad.” He pointed out that the Board has had to cut more than $17
million from next year’s District budget to deal with the proposal the Governor
presented in January. Though the District budget is now balanced, he said,, the
Board must still settle employee contracts, stressing that state funding is not
sufficient to provide education to our students.
Mayo reported on several events she’d attended: the Teacher
Appreciation Breakfast at Cambridge Elementary, hosted by the school’s PTA; the
27th Annual Young Authors’ Showcase, which had the highest
participation by middle and high school students in many years; the Diablo Woodworkers’
Association’s award ceremony featuring projects by students throughout the
county; the District’s 8th Annual Millennium Mile for 4th
and 5th grade runners; the annual Classi-Caper in recognition of the
District’s classified employees; the Distinguished School flag-raising ceremony
at Bancroft Elementary; and the Serendipity program’s annual end-of-year awards
dinner.
Strange reported on attending the teacher recognition reception
and the Classi-Caper. He echoed Eberhart’s statements about the state budget,
saying, “This is not a good situation. We have been extremely short-changed” by
the Governor’s budget.
Allen noted that public education is losing $4 billion this
year, so even though Proposition 98 is not being suspended under the Governor’s
May Revise, the financial situation is still difficult. He reported on his visit
to Ayers Elementary, where he saw first grade students and their teacher using
interactive technology equipment provided by a grant from the Lesher
Foundation. He also attended El Monte Elementary’s Gold Rush Day and the
Serendipity dinner, calling it the students’ final test, ”and they all passed.
The food was excellent.”
Treece announced that a new program, ACME (
5.3 Issues of Concern
Acknowledging that a
number of students from the Ygnacio Valley High drama program are in the
audience, Treece asked the superintendent to report on the classes in which
less than 20 students had enrolled to date for fall:
Drama I and II 13 students
Drama III 7 students
Biology AP 7 students
Statistics AP 4 students
6.
PUBLIC COMMENT
Josephine Carson, school librarian, said she has heard two
parents say that Mr. McHenry can no longer effectively lead the District. She
asked the superintendent to resign and told Board members Allen, Mayo and
Treece to support Eberhart and Strange’s request that he do so.
Paul Crissey, Concord High drama teacher, spoke of the value
of a drama program in a high school. He introduced students from his program
who attended the meeting in support of the program at Ygnacio Valley High,
which is not scheduled to be offered next year. Lizbeth Brown, Concord High
student, spoke in support of drama and told the Board to follow the lead of
Eberhart and Strange and change the District leadership. Elizabeth Hanell,
teacher, described the strong drama programs presented at Ygnacio Valley High this
year. YVHS students Caroline Taylor Hitch and Gracie Dezago spoke in support of
the program. Tom Nevin, parent, explained that high school drama students are
part of the larger drama community in the county. Sunny Tessandori, parent and
Comcast employee, said decisions about class offerings need to be based on more
than just numbers.
Sandra Walters, parent, expressed concern about master
scheduling at Concord High. Debbie Birnbaum, teacher, said there are “hundreds
and hundreds” of teachers who have confidence in the Board, Superintendent, and
the teachers’ union to solve the problems the District is facing. She expressed
support for the District’s proposal for a tiered summer pay rate.
Board comment In response to
Strange, McHenry said the drama class is listed on the YVHS schedule. If enough
students enroll and a qualified staff member is available, the class can be
offered. The directive to set a minimum class size of 20 students per teacher
was set by the Board several years ago. McHenry said he will talk to the site
leadership and report back at the next Board meeting.
7.
COMMUNICATIONS
8.
REPORTS/INFORMATION – None
9.
SUPERINTENDENT'S REPORT
McHenry said the decision to cut the drama program at YVHS is
up to the site, not the Board. Other schools have had to reduce classes as
well. As for the state budget, “things are just not good,” he commented. On the
District level, leadership has made reductions to achieve a balanced budget. He
said it is hard to hear criticism, as was voiced under Public Comment, about
how the budget is being managed when the District just had to reduce $17
million in the course of four months due to the state’s fiscal crisis. School
funding problems must be solved regardless of who’s superintendent, he said. He
encouraged everyone to put differences aside and come up with solutions,
pointing out that to do anything with contract negotiations, there will have to
be more budget cuts. With money currently available, the District cannot fund the
offers that are on the table. With a combination of further cuts and new money,
the contracts could be settled.
10.
BUSINESS
10.1 Appointment of Assistant Director of Curriculum and Instruction
Strange moved, Allen seconded, and
the Board voted 5-0-0 to appoint Jennifer Sachs as Assistant Director of
Curriculum and Instruction, effective July 1, 2008.
10.2 Appointment of Educational Consultation and Behavior Management
Specialist--POSTPONED
10.3 Discussion
and Determination of Strategies to Reduce Legal Fees
McHenry reported that costs for legal services are
significant, so this item is on the agenda in order for the Board to discuss strategies
to reduce them. He listed the various strategies for reducing legal fees that
the Board has used over the last four years. These include:
·
Changing
attorneys for the Special Education Consent Decree
·
Establishing
the General Counsel position and eliminating the Risk Manager position
·
Contracting
for the auditing of legal services bills
·
Creating
legal services billing standards.
Board comment
The Board discussed the Request for
Proposal process that was brought up and discussed at the study session on May
20. Eberhart said he would expect the District to use a variety of legal firms
depending on the nature of the services required. He wants all requests for
legal services by directors and assistant superintendents to go through the General
Counsel. In response to Allen, Rolen said challenges to the legal billing
standards are directed to him. Strange said he believes the General Counsel is
the legal services provider to the District and should go outside to the extent
that help is needed, He noted that if there is much need for outside assistance,
it may make sense to hire another in-house attorney. Mayo said she is not
willing to support strict adherence to the legal billing standards as she has
questions about them and the Board has not yet approved them. Treece said the
use of the auditing firm and the billing standards are good at containing
costs; however, she does not want to place limits on the Request for Proposal specifications
as she wants a variety of law firms to respond.
Board action
Strange moved, Allen
seconded, and the Board voted 4-1-0 (Mayo, no) to direct staff to send out a
notice of Request For Quotation for legal services to address the following
issues:
•
Labor,
employment, and personnel
•
Business,
property, and finance
•
Construction
•
Special
Education and student services
•
Charter
schools
•
Litigation
Eberhart moved, Allen seconded and
the Board voted 3-2-0 (Treece and Mayo, no) to approve a friendly amendment
requiring all legal firms that submit bids to verify that they will abide by
the legal services auditing and the District’s legal billing standards. Fiscal
Impact: Estimated savings of $100,000
annually. Funding Source: Unrestricted
General Fund
10.4 Consider
Approval of Budget Reductions
At the Board of Education budget
study session on May 20, the Board indicated a desire to continue to look at
budget reductions, wanting to see how much more is needed to cover employee compensation
increases already proposed in collective bargaining.
Board comment
Eberhart said he has heard a concern about the overall safety and
structure of a school site when the principal is off campus during the morning
attending a District meeting. He asked if staff had discussed holding
principals’ meetings after school hours. McHenry said they have. He explained
that Individual Education Plan and Student Study Team meetings usually happen
in the afternoon. At the high schools, the co-administrators and even the
principals are involved in the athletic and co-curricular programs that take place
after school. Principals did discuss the concern and decided to start next
year’s meetings an hour earlier (at 7:30 a.m.) so they will be back to their
school sites by about 10:30. Eberhart said he’d heard that principals were the
strongest advocates for changing the meetings to after school. He believes that
having them on site all day will help reduce the impact of the budget cuts that
affect sites without raising costs. Allen said that as a former site
administrator the elimination of vice principal positions has been the most
difficult cut he’s had to make. Eberhart said Nicoll and McHenry have done “an
excellent job” at getting real budget numbers to the Board for the purposes of
submitting reports to the
Board action
•
Item
110: Reduce one FTE Elementary Vice Principal. There are four Elementary Vice
Principals budgeted; there should be three. By formula, Meadow Homes,
Mayo moved, Allen seconded, and the Board voted 5-0-0 to
approve. Fiscal Impact: $88,256 in 2008-09. Funding Source: Unrestricted
General Fund
•
Item
111: Reduce ten six-hour Special Education Assistants in 2009-10 and five
six-hour Special Education Assistants in 2010-2011.
Allen moved, Eberhart seconded, and the Board voted 5-0-0 to approve. Fiscal
Impact: $333,000, 2009-10; $165,000, 2010-11. Funding Source: Unrestricted, General Fund, and Special
Education
10.5 2007-2008
Third Interim Report
When the Board self-certified a “qualified”
Second Interim at it March 18, 2008, meeting, the District was subject to
Education Code Section 42131(e) which states:
The governing board of each school district filing a qualified or
negative certification for the second report required under Section 42130, or
classified as qualified or negative by the county superintendent of schools, the
Controller, and the Superintendent of Public Instruction no later than June 1,
financial statement projections of the district’s fund and cash balances
through June 30 for the period ending April 30.
Nicoll presented the Third Interim
Report. Fiscal Impact: The multi-year
projection shows that MDUSD will be able to meet the requirement of a 2%
reserve for two of the three years. Additional budget reductions and/or revenue
increases will be needed to balance the budget in the 2009-2010 year. Presented
only as information at this meeting, no Board action was required.
10.6 Release
of Temporary Certificated Teachers
Eberhart moved, Allen seconded, and
the Board voted 5-0-0 to approve the release of all teachers on temporary
contracts for the 2007-08 school year, effective June 11, 2008.
10.7 Award
of Bid 1515 to McGuire and Hester
Strange moved, Allen seconded, and
the Board voted 5-0-0 to award Bid 1515 to McGuire and Hester to provide the
landscape and irrigation improvements at Bancroft, Monte Gardens, and Mountain View
elementary schools; and Foothill Middle School. Fiscal Impact: $1,489,000 (base bid: $1,175,000; alternate
#1, $34,000; alternate #2, $44,000; alternate #3, $142,000; alternate #4,
$94,000). Funding Source: Measure C
10.8 Board
Policy and Administrative Rule 6164.2 – Guidance Counseling Services
Eberhart moved, Strange seconded, and
the Board voted 5-0-0 to adopt revised Board Policy and Administrative Rule
6164.2, “Guidance Counseling Services,” as required by newly approved
legislation. Presented twice previously as information, this item was returned
for action at this time.
10.9 School
Site Comprehensive Safety Plans for 2007-08
Strange moved, Allen seconded, and
the Board voted 5-0-0 to approve Comprehensive School Site Safety Plans for
Diablo Community Day School/Willow Creek Center, Olympic/
10.10 Update of the Local Education Agency Plan (LEAP)
The Local Education Agency Plan has
gone through a two-year process of revision. District and site staff have
worked together on the update of the LEAP; various stakeholder groups have had
the opportunity to review the existing plan and suggest revisions based on District
and site needs. Presented only as information at this meeting, this item will
be returned for action at a subsequent meeting.
10.11 Adoption of 6th grade novel A Place in the Sun, by Jill Rubalcaba for the Extended Core
Literature List
A Site Literature Committee at
10.12 Board Policy 3513.1(a) – Use of Cellular Phones
The Board reviewed a proposed policy
and rule that address Internal Revenue Services regulations regarding use of
cellular phones. McHenry explained that the intent is to standardize procedures
regarding staff use of cellular phones. The District proposes to provide an
allowance for cellular phone use, so people can purchase their own. Some
employees would be assigned a phone that works only as a walkie-talkie. In response
to Treece, McHenry said he believes the policy will allow the District to
control and thus save costs. Presented only as information at this meeting,
this item will be returned for action at a subsequent meeting.
11.
CLOSED SESSION
Treece adjourned the Board to Closed
Session at 9:57 p.m. to discuss negotiations.
Negotiations
Mayo moved, Eberhart seconded, and the Board voted 5-0-0 to approve a direction
to staff in regard to contract negotiations.
12.
ADJOURNMENT
Treece adjourned the
meeting at 10:40 p.m.