MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – August 28, 2007

 

ATTENDANCE:      Board: Gary Eberhart (4:15 p.m.), April Treece, Dick Allen, Linda Mayo, Paul Strange (4:15 p.m.)

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

 

1.       CALL TO ORDER: Vice President Treece called the meeting to order at 4:10 p.m. in the Board Room at the MDUSD Dent Center.

 

PUBLIC COMMENT: None

 

CLOSED SESSION: The Board adjourned to Closed Session at 4:11 p.m. in Room 6 of the Dent Center. l. Topics discussed included two expulsion cases, 11 requests for readmission; a retention appeal; negotiations; public employee discipline/dismissal/release/complaint; existing litigation (Spieler v. MDUSD; O.C. Jones v. MDUSD); and superintendent’s evaluation.

 

Public employee discipline/dismissal/release/complaint

Mayo moved, Treece seconded, and the Board voted 5-0-0 to rescind the non-reelection and accept the resignation, effective June 14, 2007, of certificated employee #24767.

 

Mayo moved, Treece seconded, and the Board voted 3-2-0 (Eberhart, Strange; no) to accept the resignation of certificated employee #16872 when a suitable replacement is found.

 

Strange moved, Mayo seconded, and the Board voted 5-0-0 to accept the resignation of certificated employee #10032 when a suitable replacement is found.

 

Strange moved, Mayo seconded, and the Board voted 5-0-0 to accept the resignation of certificated employee #22010 when a suitable replacement is found.

 

Readmission

The Board voted 5-0-0 to accept staff’s recommendation to approve the readmission of one student and to deny the readmission of eight students who did not complete their readmission assignment and the admission of one student who did not complete the admission assignment.

 

Retention Appeal

After conducting a hearing, the Board voted 5-0-0 to support staff’s recommendation to retain Student #2133841 in the 7th grade.

 

2.       RECONVENE OPEN SESSION: The Board returned to Open Session in the Board Room at 7: 43 p.m. President Eberhart led the Pledge of Allegiance to the Flag.

 

Expulsion

Student 79-07: Treece moved, Mayo seconded, and the Board voted 4-1-0 (Strange, no) that  Student 79-07 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 79-07 may apply for readmission after August 2008. It is required that Student 79-07 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 80-07: Allen moved, Strange seconded, and the Board voted 5-0-0 that Student 80-07 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 80-07 may apply for readmission after January 25, 2008. It is required that Student 80-07 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

 

President Eberhart then reported on the topics discussed and action taken in Closed Session.

 

3.       CONSENT AGENDA

Public comment   Jeff Garzella, parent and member of the College Park High School Boosters Club, urged the Board to approve Consent Agenda Item 3.8, an agreement for a scoreboard on the school’s football field.

 

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

3.1  Minutes – none.

 

3.2  Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Resolution 07/08-15 Variable Term Waiver Requests

Adopted Resolution #07/08-15 authorizing eight teachers to apply for a Variable Term Waiver, giving them additional time in the 2007-08 school year to complete certain requirements for the credential that authorizes their service. The waiver request is made when there is not a properly credentialed person available for the position.

 

3.2.3 Resolution 07/08-16 Variable Term Waiver for CBEST Requests

Adopted Resolution #07/08-16, declaring that the District has been unable to recruit enough day-to-day substitute teachers who have a bachelor’s degree but have not had an opportunity to take and pass the California Basic Educational Skills Test (CBEST) and stating that the District anticipates employing 150 day-to-day substitutes on variable term CBEST waivers for the 2007-08 school year.

 

3.2.4 Resolution 07/08-17 Education Code 44263 – Board Authorization

Adopted Resolution #07/08-17, authorizing Cathleen Foster, who holds a California teaching credential and has 18 lower division units or 9 upper division units or graduate coursework in a subject, to teach that subject for the 2007-08 school year, as per Ed. Code 44263.

 

3.2.5 Teaching Internship Agreement with Azusa Pacific University

Approved an internship agreement with Azusa Pacific University. In order for a teacher to participate in an internship program, there must be an agreement or memorandum of understanding on file between the District and the institution providing the internship program.

 

3.2.6 Memorandum of Understanding with Alliant International University

Approved an internship agreement with Alliant International University. In order for a teacher to participate in an internship program, there must be an agreement or memorandum of understanding on file between the District and the institution providing the internship program.

 

3.2.7 Internship Agreement with California State University, Fresno, CHHS/Department of Nursing for the Term of August 2007 through July 2012

Approved an internship agreement with California State University, Fresno, allowing students from the University’s approved Nursing Program to supplement their learning experience by working with District staff and students. District staff to participate on an advisory and consulting basis.

 

3.2.8 Resolution 07/08-14 Approval of Provisional Internship Permit (PIP) Request(s)

Adopted Resolution 07/08-14, authorizing Adena Verdi to apply for a Provisional Internship Permit (PIP) in order to complete her assignment for the 2007-08 school year.

 

3.3  Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.4  Fiscal Transactions for June and July 2007

 

3.5  Award of Bid 1485

Awarded Bid 1485 in the amount of $780,599.98 to Crystal Cream and Butter to provide the milk and dairy products district wide. Funding Source:  Cafeteria Fund

 

3.6  Contract Amendment to Capital Engineering Consultants

Approved amendment in the amount of $13,100 to the contract with Capital Engineering Consultants. New services include design and engineering services for the installation of a new dedicated heating, ventilating, and air conditioning system for the Serendipity Kitchen at Mt. Diablo High School. Funding Source:  Proposition 55 funds.

 

3.7  Contract Amendment – ATI Architects and Engineers (Geotechnical/Consulting Services)

Approved amendment in the amount of $41,680 to the contract with ATI Architects and Engineers. New services include 1) additional/final site observations and geotechnical reports for Concord and Clayton Valley high schools and Oak Grove and Riverview middle schools; 2) additional “on call” construction administrations services; and 3) preparation of consultant reports required to obtain original approval of the Group I Measure C sites. Funding Source:  Measure C

 

3.8  Agreement with College Park High Athletic Boosters for a Scoreboard for the Football Field

Approved agreement with the College Park High Athletic Boosters for the installation of a scoreboard for the school’s football field. Fiscal Impact:  None. The District will pay for the cost of the inspector of record from existing budget. Funding Source:  College Park Athletic Boosters

 

3.9  Memorandum of Understanding (MOU) Between Mt. Diablo Unified School District and Project Pipeline Establishing Mt. Diablo Unified School District as the Fiscal Agent

Approved MOU with Project Pipeline, establishing Mt. Diablo USD as the Fiscal Agent for the Project Pipeline program. The District will collect indirect cost fees for their services as Fiscal Agent. Fiscal Impact:  Revenue Generation of $35,132. Funding Source:  Project Pipeline

 

4.       RECOGNITIONS: None

 

5.       BOARD FORUM

This item is here for the Board of Education to discuss any issues of concern. President Eberhart invited fellow Board members to let him know if they prefer continuing to present reports at this point in the meeting or returning to doing so at the end of the meeting.

 

5.1  Committee Minutes

 

5.2  Board Reports (time limit – 3 minutes)

Mayo reported on the 32nd District PTA training at Delta View Elementary for parent leadership in PTAs and other parent groups and on the District’s recent Leadership Institute. She said she’s met with a group of individuals interested in improving District revenue and gave them her materials from the Measure A campaign. She enjoyed attending the “Touching Lives” welcome event for elementary teachers, held at the Lesher Center in Walnut Creek. It was organized by elementary principals with donations from local businesses. She also reported on a meeting regarding the Pleasant Hill Flood Detention Basin.

Strange said he is glad to see the school year get started, noting that he visited a few schools on the first day and found everything going smoothly.

Treece said she is excited about the outcomes from the District’s Leadership Institute, “Lead From Where You Are.” She enjoyed talking with school site and district staff and students and appreciated the sessions in which participants met in high school feeder pattern groups and set goals for their schools. She announced that the Governor’s committee on education excellence is holding public meetings to hear from community on the Stanford University “Getting Down to Facts” study and setting an agenda for 2008-09. Superintendent McHenry and the Contra Costa County Economic Council will be participating in an upcoming meeting.

Eberhart said his daughter is starting Ygnacio Valley High School and he participated in cleanup day there. A parent who drives the street sweeper for the City of Concord suggested using the sweeper to clean the school’s parking lot. Mayor Mark Peterson agreed to have the city provide the service. Eberhart publicly thanked Peterson and the city for this donation. He also thanked Ron Hansen for his and his staff’s assistance with the cleanup day.

 

5.3  Issues of Concern

 

6.       PUBLIC COMMENT: None

 

7.       COMMUNICATIONS

Organizations

Judy Armstrong, Local One, CST, thanked everyone for their efforts in successfully moving the Dent Center staff to Monte Gardens and back this summer while the Dent Center was under construction.

 

Ron Hansen, Local One, M&O, representing the 500 employees in 70 job classifications in the MDUSD, spoke in recognition of upcoming Labor Day. He described the contributions of organized labor to the health and well-being of American workers.

 

8.       REPORTS/INFORMATION: None

 

9.       SUPERINTENDENT'S REPORT

McHenry thanked all staff members, parents, and students for their efforts in making the first day of school successful. He visited eight schools and saw all the staff working with parents and students “in a professional way.” They seemed excited to be at work, which “speaks well of our district.” Maintenance—custodial, grounds, transportation—prepared the facilities well. His office has received no complaints. Site administrators calmly led the charge of bringing order out of chaos. He visited a number of classrooms where he saw teachers were well prepared and willing to serve. It reminded him why people get into education. “It is not about contracts, it is about helping young people, preparing them so they can take our place in the world of work and contribute to a better city, county, country. I think our folks in the Mt. Diablo did a great job, and I am still proud to be superintendent. It was a great day.”

 


10.    BUSINESS

10.1  Resolution 07/08-18 Hispanic Heritage Month

Mayo moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-18, acknowledging the California Department of Education’s designation of September 15-October 15, 2007 as Hispanic Heritage Month and recognizing the many contributions made by the Hispanic people to the growth and development of California’s heritage.

 

10.2  Appointment of Administrator, Afterschool Services

Strange moved, Mayo seconded, and the Board voted 5-0-0 to appoint Catherine Acosta as Administrator, Afterschool Services.

 

10.3  Appointment of Personnel Coordinator

Allen moved, Treece seconded, and voted 5-0-0 to appoint Alan Glass as Personnel Coordinator, effective immediately.

 

10.4  Resolution 07/08-13 Approval of the Resolution of the Board of Education of the Mt. Diablo Unified School District Approving the Form of and Authorizing the Execution and Delivery of a Site Lease and a Lease/Purchase Agreement Declaring Its Intent to Reimburse, Project Expenditures and Authorize Certain Additional Actions

Strange moved, Mayo seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-13, requesting the Mt. Diablo Unified School District Education Facilities Financing Corporation to assist the Mt. Diablo Unified School District in financing the energy efficiency improvements project in cooperation with a lender to be selected by the District. Fiscal Impact:  An amount not to exceed $3,900,000. The property lease/purchase agreement will be paid for by reductions in energy costs, previously planned deferred maintenance expenditures, rebates from PG&E, and matching state funds.

 

At this time, 8:19 p.m., President Eberhart adjourned the Board meeting and opened a meeting of the Directors of the Mt. Diablo Unified School District Education Facilities Financing Corporation.

 

10.5  Resolution 07/08-12 Approval of Resolution of the Board of Directors of the Mt. Diablo Unified School District Education Facilities Financing Corporation Approving the Form of and Authorizing the Execution Agreement, and an Assignment Agreement, and Authorizing Certain Additional Actions

In their role as directors of the Mt. Diablo Unified School District Education Facilities Financing Corporation, Strange moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-12, authorizing the Corporation to assist in financing school facilities for the Mt. Diablo Unified School District. Fiscal Impact:  An amount not to exceed $3,900,000. The property lease/purchase agreement will be paid for by reductions in energy costs, previously planned deferred maintenance expenditures, rebates from PG&E, and matching state funds.

 

Following this action, President Eberhart adjourned the meeting of the Mt. Diablo Unified School District Education Facilities Financing Corporation and re-opened the regular meeting of the Board of Education.

 

10.6  Renewal of Memorandum of Understanding with Spectrum Center

Allen moved, Treece seconded, and the Board voted 5-0-0 to renew the MOU with Spectrum Center, a non-public school, for Northgate High School and combine five collaborative classrooms under one MOU. Fiscal impact: the same as the existing contract obligation to fund the five current collaborative classrooms. The renewed MOU reduces the per student rate, expands the capacity without raising the costs, and caps the costs for three years at $2,215.000 annually. Funding Source: General Fund/Special Education; monies already in non-public school budget.

 

10.7  Adoption of The View From Saturday, by E. L. Konigsburg for 6th Grade Extended Core Literature List

Treece moved, Mayo seconded, and the Board voted 5-0-0 to adopt The View From Saturday for the 6th grade Extended Core Literature list. Presented only as information at the August 14 meeting, this item was returned for action at this time.

 

10.8  Board Policy 5111.2 (a) and Administrative Rule 5111.2 (a) Nonresident Foreign Students

Strange moved, Mayo seconded, and the Board voted 5-0-0 to adopt Board Policy  and Administrative Rule 5111.2, which clarify who has authority to approve/deny J-1 Visa applications.  Presented only as information at the August 14 meeting, this item was returned for action at this time.

 

 

11.    ADJOURNMENT

Eberhart adjourned the meeting at 8:22 p.m.

 

                                                               

Gary McHenry, Secretary