BOARD MEETING: October 23, 2007

 

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

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

Student Representatives:  Samantha Dimetriou and Jennifer Smitherin, College Park; Kyle Thomson, Clayton Valley; Angela Ciralo and Bree Elder, Concord; Prince Singh, Mt. Diablo; Michelle Forcier, Northgate; and Chris Acevedo, Olympic; Jenna Butterfield, Ygnacio Valley

 

1.       CALL TO ORDER: President Eberhart called the meeting to order at 4:00 p.m. in Room 6 at the MDUSD Dent Center.

 

PUBLIC COMMENT: None

 

CLOSED SESSION: The Board adjourned to Closed Session at 4:01 p.m. in Room 6 at the Dent Center. Topics discussed included superintendent’s evaluation, existing litigation (Rainwater v. MDUSD), anticipated litigation (one potential case), public employee discipline/dismissal/release/complaint, and negotiations.

 

Anticipated Litigation

Strange moved, Treece seconded, and the Board voted 5-0-0 to approve staff’s recommendation to address facility safety concerns at Olympic High School.

 

Public Employee Discipline/Dismissal/Release/Complaint
Strange moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no) to accept the resignation and release of certificated employee #24931 when a suitable replacement is found.

 

2.       RECONVENE OPEN SESSION: The Board returned to Open Session at 7: 30 p.m. in the Multi Use Room at Monte Gardens Elementary School. President Eberhart led the Pledge of Allegiance to the Flag and then reported the topics discussed and action taken in Closed Session.

 

3.       CONSENT AGENDA

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

3.1  Minutes of the meeting of September 25, 2007.

 

3.2  Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Creation of .40 Full-Time Equivalent Position for the 2007-2008 School Year

Added 0.40 FTE teaching position at Ygnacio Valley High, increasing the expenditure budget of Categorical Funds by $24,087. Funding Source: Title II

 

3.2.3 Resolution 07/08-39 Provisional Internship Permit (PIP) Request(s)

Adopted Resolution 07/08-39, authorizing Kevin Fordon, David Ledesma, Jeanne Lilley, and Miriam Laxamana to apply for a Provisional Internship Permit (PIP) in order to complete their assignment for the 2007-08 school year.

 

3.3  Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.4  Monthly Budget Transfers and/or Budget Increases/Decreases for the Month of August and September 2007

 

3.5  Fiscal Transactions for the Month of September 2007

 

3.6  Grant Application Requests

3.6.1 Nell Soto Parent/Teacher Involvement Program Grant

Approved submittal of an application to the California Department of Education for a $35,000 grant ($15,000 for Rio Vista Elementary and $20,000 for Glenbrook Middle) to implement the Nell Soto Parent/Teacher Involvement Program. There is no impact to the General Fund. Funding Source: California Department of Education

 

3.6.2 “Prowler” Production Program Grant

Approved submittal of an application to the Pleasant Hill Community Foundation for a $1,000 grant to fund the publishing and shipping costs of the Valley View Middle School’s student-produced newspaper, the “Prowler.” There is no impact to the General Fund. Funding Source: Pleasant Hill Community Foundation.

 

3.7  Contract Amendment #6 to Harlan Krusemark, Architect

Approved amendment #6 in the amount of $13,960 to contract with Harlan Krusemark, Architect. Amendment is for the redesign of the roofing system and structural redesign of the Multi-Use Room due to extensive dry rot at Loma Vista Adult Center. Funding Source:  Measure C

 

3.8  Final Change Orders

3.8.1 Final Change Order to Bid 1467, Contract C-858, Kel-Tec Builders, Inc. in the amount of $69,901.82 for the classroom renovations at Loma Vista Adult Center. Funding Source:  Proposition 55 Funds.

 

3.8.2 Final Change Order to Bid 1478, Contract C-864, Reinhardt Roofing in the amount of $31,360.26 for roofing improvements at Mt. Diablo High School. Funding Source:  Deferred Maintenance

 

3.9  Notices of Completion

3.9.1 Notice of Completion to Bid 1467, Contract C-858, Kel-Tec Builders, Inc., for classroom renovations at Loma Vista Adult Center at a total expenditure of $1,288,323.82. Funding Source:  Proposition 55 Funds

 

3.9.2 Notice of Completion to Bid 1478, Contract C-864, Reinhardt Roofing, Inc., for roofing improvements at Mt. Diablo High School at a total expenditure of $611,504.26. Funding Source:  Deferred Maintenance

 

3.10 Agreement and Contract with New Connections to Provide Services to Students at Crossroads Necessary Small High School

Approved  $71,000 contract for New Connections to provide services to students at Crossroads Necessary Small High School. There is no impact to the General Fund. Funding Source:  Parenting Education and Support Grant, Cal-Safe Supportive Services Grant, Cal-Safe Child Care Services Grant.

 

3.11 Memorandum of Understanding (MOU) with STAND! Against Domestic Violence and Mt. Diablo Unified School District

Approved MOU for STAND! to provide domestic violence prevention education and therapeutic services to students, parents, and staff through the Mt. Diablo CARES After School Program at Meadow Homes and Cambridge elementary and at Glenbrook and Oak Grove middle schools. This program teaches participants how to develop healthy relationships and reduce school violence. There is no impact to the General Fund. Funding Source:  CC Futures G rant.

 

4.       RECOGNITIONS

 

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)

Mayo, noting that the Board has been asked to be more proactive in regard to state and federal issues, reported that a component of SCHIP (State Children’s Health Insurance Program), which was recently vetoed by President Bush, is the Medicaid reimbursement for school services, including transportation for Special Ed.. students and some health services for students. She said Congress is considering a bill, CMS-2287, to continue funding for Special Ed transportation and the Medicaid reimbursement and she urged the public to support it. She recounted a positive interaction she had with students during a recent trip to the Grand Canyon.

 

Strange reported on attending the groundbreaking ceremony for the football field at Northgate High and the October 16 community meeting at College Park to discuss a possible parcel tax.

 

Allen announced that Saturday, October 27, is 2nd annual Day at the Races on the Iron Horse Trail, benefiting literacy programs in the area. Also that day is a meeting at Calvary Temple Church in Concord for community members to discuss the idea of merging of Bay Point and Pittsburg.

 

Treece reported on attending the October 16 community meeting at Riverview to discuss a possible parcel tax. She appreciated receiving input from the community at all four meetings recently held on the parcel tax issue. She announced that the annual Intel Affiliated Contra Costa Science and Engineering Fair is set for April 3-5, 2008. In preparation, more than 100 middle and high school students, teachers and parents attended Science Fair 101, organized by science teachers Karen Kelly of Clayton Valley High and Frank Redle of Mt. Diablo High. She also attended a meeting of representatives of architecture/construction/engineering firms to discuss a 15-week afterschool internship program at three high schools in the county. Principal Carolyn Plath and College and Career advisor Linda Fong of Ygnacio Valley High and Mt. Diablo High teacher Steve Seaman were among the participants. Thanked Vanir, Charles Hamm and many other local businesses for providing afterschool mentorships to students. She announced that the District’s annual Celebration of Success will be held at Concord High tomorrow night, the Mt. Diablo High Industrial Technology Academy is hosting an apprenticeship roundtable on Thursday, and the Northern California Student Leadership Council for the Health Occupation Students of America (HOSA) will take place on November 3 at John Muir Hospital. Students from College Park, Mt. Diablo, and Ygnacio Valley high schools will be participating.

 

Eberhart reported that he attended the parcel tax meetings at College Park High and Foothill Middle and will speak about them during the agenda item on the subject.

 

5.3  Issues of Concern

 

6.       PUBLIC COMMENT

Carolyn Plath, Ygnacio Valley High principal, voiced support for all District employees, particularly teachers who deserve and need a raise, saying she know it’s Board goal to provide raises. She said no one’s position should be cut so another person can receive a raise and can’t understand why a union would not support a parcel tax and then compare MDUSD to other districts that have one. She expressed support for the superintendent, cabinet, and Board of Education, listing a number of District achievements over the past several years.

 

Alany Helmantoler, parent, complained about the handling of her daughter’s special education services. She then read from The Giver, a book by Lois Lowry, and said it contains subject matter too controversial for 5th and 6th grade students, who have been exposed to it in class. MaryEllen Woods, parent, shared Ms. Helmantoler’s concerns and said all parents should be informed about the book before it’s made available to their students.

 

Ralph Griffin, Concord resident, parent of Concord High graduates, and teacher and administrator in the Oakland USD, spoke in favor of the parcel tax. He noted that Mt. Diablo teachers traded medical benefits for salary several years, primarily to have more money when they retired.

 

7.       COMMUNICATIONS

7.1  Student Representatives

Chris Acevedo of Olympic, Michelle Forcier of Northgate, Kyle Thomson of Clayton Valley, Angela Ciralo and Bree Elder of Concord, Prince Singh of Mt, Diablo, Samantha Dimetriou and Jennifer Smitherin of College Park, and Jenna Butterfield of Ygnacio Valley, reported on events, activities, and issues at their respective high schools.

 

7.2  Organizations

Mike Noce, MDEA president, noted that the MDEA and District teams will meet for another mediation session tomorrow. so a group of teachers came to this meeting with candles “to light a path to settlement.” He said “MDEA is willing to work with the District leadership as partners to provide students and community a solid, quality educational program.” He pointed out the many ways the union and District Administration have worked together in the past. He criticized the District for not attending CTA meetings in regard to the Quality Education Investment Act (QEIA). He said the community expects a District to provide resources to the classroom, and the most important variable is the teacher. He criticized the District for hiring 200 to 300 teachers a year, many of them interns, saying it is a sign of disrespect for students and teachers. He said the District spends too much time helping teachers clear their credentials and providing them with professional development. The District has become “a training ground” for other districts that pay teachers more. District teachers, he said, are taking on extra assignments “just to make ends meet” and will burn out and become ineffective over time. He said the District “can stop this slide” by reaching a settlement that provides “a progressive return to District-provided medical benefits along with an increase in salary like the other employees in the District.” Because the County must approve any settlement, he knows it will not approve an agreement that will bankrupt the District. He urged the Board to direct staff to offer a contract the union will find acceptable.

 

8.       REPORTS/INFORMATION

8.1  Report on Parcel Tax Public Input Meetings

McHenry reported on the efforts taken, including public meetings and surveys, to gather public opinion on the possibility of putting a parcel tax on the June 2008 ballot. He noted that a group of parents formed Community United for Excellent Schools (CUES) to raise awareness and solicit support. He introduced Carla Ludwig, Chris Stieger-Maguire, and John Parker, members of CUES.

 

Based on the meetings and surveys, the following items had the highest amount of support: attract and retain quality staff, pay cost of medical benefits for teachers, keep classroom technology up to date and well maintained, install video surveillance cameras at all District high schools to reduce vandalism, reduce class size in grades 4 and 5 to 25 students/teacher, reduce class size in all kindergartens to 20 students/teacher, provide updated science equipment at all high schools.

 

McHenry provided data to show that support for a parcel tax is not large enough for a ballot to be successful next June.

§         Level of Support: $/parcel

§         Less than $49.............. 21%

§         $50-99......................... 24%

§         $100-149..................... 19%

§         $150-199..................... 12%

§         $200-299....................... 4%

§         $300+.......................... 11%

§         NO................................ 8%

Most of the employee labor organizations have not yet voiced support for a parcel tax. Campaign consultants interviewed on this subject said that support from labor unions, specifically classroom teachers, is essential to a tax measure’s success. Given the low level of support, he suggested the District turn its attention over the next year to the feasibility of a school bond and focus on employee contract negotiations at this time.

 

Board comment   Mayo thanked everyone who participated in the meetings and community surveys, who showed interest and enthusiasm for this endeavor. She said, “It is through the collective voice of many that we will be able to convince others that a parcel tax is critical to our district,” adding that neighboring districts achieve their goals through the enhanced revenue a parcel tax provides. Strange thanked the members of the CUES group, expressed disappointment that “this is where we’ve ended up,” but said the effort was not wasted as the community now knows that a parcel tax is being considered. The Board and staff must continue to point out the lack of resources in the District, he said, so that “when we go out next time, we get a much more positive response.” He stressed that the superintendent’s recommendation is to delay not to abandon the idea of seeking local support. “It’s a timing issue, not a need issue,” he stated. Allen also thanked everyone involved, especially the CUES members. Expressing his disappointment, he said he believes a parcel tax would have helped address many problems, but “we now know the areas in which we need to work.” He said he is “pleased and proud of the people who put so much time and effort” in this cause. Treece expressed her disappointment that there was “not overwhelming support within our own ranks,” but found it rewarding to see the commitment from parents and the community to make sure Mt. Diablo has resources to “provide excellence in education for all students.” She echoed Strange’s comment that the efforts over the past year have heightened the awareness of the need. She encouraged everyone to work hard with elected officials and the community “to make sure we have the resources our children deserve.” Eberhart was impressed with the comments he heard at the two community meetings he attended. They helped to educate the public about what the District is doing and what it could be doing if it had more resources. He said it is more important to take time in the education process than to rush to a vote that is not likely to pass. He hopes to have more such meetings to continue this education process. He voiced appreciation for the superintendent’s recommendation. Though it is not the conclusion he’d hoped for, it is also the recommendation of CUES, and he respects it.

 

9.       SUPERINTENDENT'S REPORT

McHenry said his parents taught him “to be responsible, to be respectful, and to be accountable.” In his 30-year career in education, he has always followed those lessons. It is hurtful to hear anyone say that he is not. He encouraged those talking about disagreements in negotiations “to stick to the issues of where we differ and not to make comments about each other that are simply not true.” He acknowledged that at the last Board meeting he brought forward a contract for legal fees and “I made a mistake. . . and I will be accountable for that.” He said that if everyone is responsible, respectful, and accountable, we can “come together and collaborate.” 

 

10.    BUSINESS

10.1 Appointment of Coordinator, Student/Community Services 9-12

Strange moved, Allen seconded, and the Board voted 5-0-0 to appoint Socorro Lomas as Coordinator, Student/Community Services 9-12, effective as of the date the Contra Costa County Office of Education approves her Pupil Services internship.

 

10.2 Resolution 07/08-38 Native American Heritage Month – November 2007

Mayo moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-38, acknowledging the California Department of Education’s designation of November as Native American Heritage Month and recognizing the many contributions made by Native Americans to the American Heritage.

 

10.3 Independent Services Contract for Speech-Language Pathologists

Strange moved, Mayo seconded, and the Board voted 5-0-0 to approve a contract with The Speech Pathologist Group for a speech-language pathologist (SPL) to provide services at Shadelands, Highlands Elementary, Sequoia Middle, and Ygnacio Valley High; and a private school consultation speech pathologist to serve parents and teachers of private school students for the 2007-08 school year. The $485,429 cost of the contract will be partially offset by a projected savings of $311,100 in the Related Services Staffing Budget due to the District’s inability to fill a vacant SLP positions. The impact to the General Fund will be $174,329.

 

Board/staff comment   McHenry said staff is going through all student IEPs to make sure the speech language pathologist assignments are appropriate. Eberhart said he hoped the District and MDEA could change contract language to provide a methodology for the District to hire and retain speech language pathologists. He said it is costing millions of dollars in General Fund money to contract for these services and believes that MDEA and the District Administration should be able to work out a way, through the contract changes, to save some of this money for other purposes.

 

10.4 Declaration of Impacted Schools

Strange moved, Allen seconded, and the Board voted 5-0-0 to declare the following schools impacted and closed to transfers in 2008-09 because they are at capacity:  College Park High, Diablo View Middle, and Meadow Homes Elementary School. Strange asked for a report on the enrollment and capacity of each District school.

 

11.    ADJOURNMENT

At Eberhart’s request Board members agreed to change the November 27 meeting to November 26 as he and Board member Allen are delegates to the CSBA Delegate Assembly and must travel to the annual conference in San Diego late Nov. 27.

 

Eberhart adjourned the meeting at 9:08 p.m.

 

                                                               

Gary McHenry, Secretary