BOARD MEETING: November 26, 2007

ATTENDANCE: Board: Gary Eberhart (6:10 p.m.), 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; General Counsel Greg Rolen

Student Representatives: Jennifer Smitherin, College Park; Allison Highberger, Concord; Prince Singh, Mt. Diablo; Michelle Forcier, Northgate; and Enrico Aguilar, Ygnacio Valley

1. CALL TO ORDER: Vice President Treece called the meeting to order at 6:00 p.m. in the Multi-Use Room at Ygnacio Valley High School.

PUBLIC COMMENT: None

CLOSED SESSION: The Board adjourned to Closed Session at 6:01 p.m. in Room 212 at Ygnacio Valley High School. Topics discussed included four expulsions and one request for an extension of the expulsion deadline, public employee discipline/dismissal/release/complaint, negotiations, and superintendent’s evaluation.

Extension of Expulsion Timeline

Strange moved, Allen seconded, and the Board voted 4-0-0 (Eberhart not yet present) to accept staff’s recommendation and approve a student’s request to extend the timeline for his District Administrative Panel Hearing.

Public Employee Discipline/Dismissal/Release/Complaint
Allen moved, Strange seconded, and the Board voted 4-0-0 (Eberhart not yet present) to accept the resignation and release of certificated employee #26025 when a suitable replacement is found.

2. RECONVENE OPEN SESSION: The Board returned to Open Session at 7:32 p.m. in the Multi Use Room at Ygnacio Valley High School. President Eberhart led the Pledge of Allegiance to the Flag.

Expulsions
Student 04-08: Allen moved, Treece seconded, and the Board voted 5-0-0 that Student 04-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 04-08 may apply for readmission after June 11, 2008. It is required that Student 04-08 participate in individual counseling, community service, the COPS program, MDUSD Teen Anger Management Program, and show evidence of a successful school experience, prior to applying for readmission.

Student 05-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 05-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 05-08 may apply for readmission after June 11, 2008. It is required that Student 05-08 participate in individual counseling, community service, the COPS program, MDUSD Teen Anger Management Program, and show evidence of a successful school experience, prior to applying for readmission.

Student 06-08: Strange moved, Mayo seconded, and the Board voted 5-0-0 that Student 06-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 06-08 may apply for readmission after November 26, 2008. It is required that Student 06-08 participate in individual counseling, community service, the COPS program, MDUSD Teen Anger Management Program, and show evidence of a successful school experience, prior to applying for readmission.

Student 07-08: Mayo moved, Treece seconded, and the Board voted 5-0-0 that Student 07-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 07-08 may apply for readmission after June 11, 2008. It is required that Student 07-08 participate in individual counseling, community service, the COPS program, MDUSD Teen Anger Management Program, and show evidence of a successful school experience, prior to applying for readmission.

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

3. CONSENT AGENDA

After pulling Item 3.10 at staff’s request, 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 October 23, 2007.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Decrease in Full-Time Equivalent Position (FTE) for the 2007-08 School Year

Deleted 2.0 FTE Special Day Class positions, one at Fair Oaks Elementary and one at Silverwood Elementary, from the General Fund due to low enrollment, decreasing the General Fund expenditure budget by $110,580.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Increase in Hours for a Community Service Assistant Position at Bel Air Elementary School

Increased an existing school-day-only Community Service Assistant position at Bel Air Elementary from 17.5 to 20 hours/week. There is no impact to the General Fund. The difference in cost of $11,687 for the remainder of 2007-08 and $16,906 for a full year is funded through Bel Air School Improvement funds.

3.3.3 Elimination of a Vacant, Part-Time Instructional Assistant and Transfer the Fund to an Existing Intermediate Typist Clerk Position at Meadow Homes Elementary School

Eliminated a vacant 19-hour/week, school-day-only Instructional Assistant position at Meadow Homes Elementary School and approved using the $640 savings to fund an existing 15-hour/week, 10-month Intermediate Typist Clerk position at the school. The CSEA leadership was notified of this proposal. There is no cost to the General Fund. Funding Source: Title I – Block 6 (Library and School Improvement Funds)

3.3.4 Creation of a Part-Time Instructional Assistant Position at Strandwood Elementary School

Created a 19.5-hour/week, school-day-only Instructional Assistant position at Strandwood Elementary to support the art program. There is no impact to the General Fund. The $7,898 cost for the remainder of 2007-08 and the $10,959 cost for full year is funded through the Strandwood Elementary PTA.

3.3.5 Request to Reallocate FTE for the Transportation Department

Redistributed funding for vacant 3.80245 FTE in School Bus Driver/Trainer positions as follows:

• 1.41260 FTE to School Bus Driver (M&O Range 429A) to neutralize deficit

• .80 FTE to reinstate School Bus Driver/Delegated Driver Instructor position (M&O Range 437A)

• 1.5 FTE to create two .75 FTE School Bus Driver positions (M&O Range 429A)

Fiscal Impact: $6,732.09 savings to the General Fund for the remainder of 2007-08 and $8,976.11 for a full year.

3.3.6 Transfer of Funds from Measure C to Restricted Maintenance and Proposition 55

Transferred funding for the following positions from Measure C back to Restricted Maintenance and to Proposition 55, effective January 1, 2008:

Amount FTE Position Account

.10 Senior Trades Supervisor Restricted Maintenance

.50 Facilities Manager “

.10 Project Manager “

.20 Director of Maintenance, Operations, and Facilities “

.20 Trades Supervisor “

1.0 Senior Account Clerk Proposition 55

1.0 Secretary “

Fiscal Impact Restricted Maintenance $149,579.37

Proposition 55 $360,122.38

$509,701.75

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

3.5 Fiscal Transaction for October 2007

3.6 Architectural/Engineering Services Contracts

3.6.1 Contract not to exceed $7,500 with PHd Architects for kitchen floor replacement at Clayton Valley, Ygnacio Valley, Northgate, Mt. Diablo, and Concord high schools. Funding Source: Deferred Maintenance

3.6.2 Contract not to exceed $9,000 with PHd Architects for the removal of the existing skylight systems and design of new roofing on the gymnasium at Riverview Middle School. Funding Source: Deferred Maintenance

3.7 Award of Professional Services Contract to MS Environmental Services

Awarded $15,842.50 contract to MS Environmental Services for hazardous materials project management and inspection of the demolition of buildings F and G at Olympic High School. Funding Source: Proposition 55 funding

3.8 Award of Inspector of Record (Project Inspector) Contract to Paul Lucido Inspection Services

Awarded $36,000 contract to Paul Lucido Inspection Services to support and approve the installation of the Northgate High School field and track renovation project. There will be no cost to the District as all costs will be reimbursed by the Northgate Community Pride Foundation.

3.9 Contract Amendment to MS Environmental Services

Approved amendment in the amount of $115,855 to contract with MS Environmental Services for professional services related to the hazardous materials management and inspection of the Phase I sites of the District’s heating, ventilating and air conditioning (HVAC) improvement program. Funding Source: Proposition 55 funding

3.10 License Agreement with Omnipoint Communications—PULLED

4. RECOGNITIONS: Jimmy McLaughlin, volunteer extraordinaire
The Board congratulated Jimmy McLaughlin, long-time volunteer sergeant at arms at Board meetings, for his recent recognition by the Mt. Diablo High Sports Hall of Fame for services to that school as custodian and supporter of the athletic program. President Eberhart presented him with a certificate of appreciation from the Board and a gift and monetary donation from Board and Superintendent’s Council members.

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

Mayo asked that the meeting be closed in memory of Joan Fries, 58, who passed away on November 13, 2007. Mrs. Fries was president of the Pleasant Hill Elementary School PTA and the Mt. Diablo Council PTA and served on the 32nd District PTA executive board. She worked at Strandwood and Gregory Gardens elementary schools as an enthusiastic member of the office teams. Mayo said, “She was an avid supporter of public education and a friend to many-- especially children.” Mayo reported on the State Superintendent’s Achievement Gap Summit, held in Sacramento, November 13-14. She also reported on the Pleasant Hill Chamber of Commerce’s Community Awards Night, where College Park High graduate Megan Maguire was named Teen of the Year; Horizons teacher Lanai Kline was named Educator of the Year; Jim Bonato, chair of the city’s Fourth of July Committee and its Citizens Emergency Response Team, was named Citizen of the Year; and retired MDUSD teacher Jim Utz, who is active in the Pleasant Hill Community Foundation and Pleasant Hill Tennis Club, received the Community Service Award. Mayo said the Pleasant Hill Fourth of July 5K run provides funds to MDUSD schools, the Tennis Club contributed to the tennis courts at the Pleasant Hill Education Center, and the Community Foundation has, in the last two decades, given 221 grants totaling $208,947 to community causes, 86 grants to MDUSD schools in Pleasant Hill, and $10,000 to the CPHS stadium project in 2007. Mayo also visited Highlands Elementary School with Roger Bylund; attended the Safe and Drug Free Schools Task Force meeting, where there was discussion on Conflict Resolution programs within MDUSD; the crab feed at Sun Terrace Elementary to raise funds for the Mt. Diablo Cares After School Program; and the WOW student recognition assembly at Ygnacio Valley High, at which memorial tributes were held for two graduates, Sean K.A. Langevin, who served in Afghanistan, and Joe Norquist, who served in Iraq.

Strange reported that he attended the Northgate Coordinating Council’s first meeting of the year. This council is a group of parents and representatives from schools in the Northgate High attendance area who meet to talk about activities and issues at their respective schools. He said it is a unique opportunity for PTAs and PFCs to listen and provide information to each other. Making reference to the recent decision to postpone placing a parcel tax initiative on the ballot, he noted that the District’s Unrestricted Revenue is the lowest of all Contra Costa County school districts, the result of a formula developed in the early 1970s. He said Mt. Diablo is one of the few districts without a parcel tax and he hopes to find way to get local revenue for the District.

Eberhart said he attended a meeting to plan the 50^th anniversary of Oak Grove Middle School, his alma mater. He enjoys visiting the schools he formerly attended, Ygnacio Valley High being one of them. He announced that Mike Noce, MDEA president, invited the Board, staff, and members of the public to attend a meeting about the Quality Education Incentive Act (QEIA) at Mt. Diablo High on Wednesday at 3:45 p.m.

5.3 Issues of Concern

6. PUBLIC COMMENT

Alany Helmantoler, parent, asked the Board to vote “no” on any item on the budget reduction list that affects students and teachers and took issue with the District’s contract with the Miller Brown and Dannis legal firm and the Board’s decision to appeal a decision regarding playground surfacing in the case of Spieler v MDUSD. Margaret Matson Norris, assistant director of student services, paid tribute to her cousin, Oliver (Ollie) Matson, a former professional football player who showed her the value of teamwork. Referring to a negative “report card” that MDEA recently gave the Superintendent, she said she shares responsibility for those scores as a member of the District team.

7. COMMUNICATIONS

7.1 Student Representatives

Jennifer Smitherin of College Park, Allison Highberger of Concord, Michelle Forcier of Northgate, Prince Singh of Mt. Diablo, and Enrico Aguilar of Ygnacio Valley reported on events, activities, and issues at their respective high schools.

7.2 Organizations: None

8. REPORTS/INFORMATION: None

9. SUPERINTENDENT'S REPORT: None

10. BUSINESS

10.1 Public Hearing and Recommendation on Possible Budget Reductions

McHenry explained that budget reductions are necessary to pay for unanticipated expenses and to meet compensation demands by employee groups. The Board is holding public hearings on the budget reductions prior to making a decision on any of them. (The list of proposed budget reductions to date is included at the end of these Board minutes.)

Public hearing Eberhart opened the public hearing at 8:28 p.m. The following individuals provided comments: Carolyn Plath, Ygnacio Valley High principal, said she is encouraged by the recent District contract offer to begin paying medical benefits for teachers. She explained how YVHS has benefited from extra funding the Board allocated in 2006 to it, Mt. Diablo High, and other schools identified as “low performing” and asked that the funding be maintained. Terry McCormick, Oak Grove Middle School principal, shared the benefits of this funding to her school and her concerns about its possible elimination. Alany Helmantoler, parent, questioned the data cited for the District’s declining enrollment, said students are leaving the District because it lacks quality teachers, and complained about the District’s handling of her daughter’s Special Education needs and the Miller Brown and Dannis lawyers who represent the District. Earl Ogden, site tech for YVHS, described the many technology resources available at the school. Linda Dortzbach-Hudlin, District landscaper, urged the Board not to eliminate clerical positions that have direct contact with students. Teresa Torbett, parent, asked the Board to increase rather than decrease campus supervision and expressed concern that facilities and thus students and staff will suffer if custodian and landscaper positions are cut. Michele Byington, parent, argued against cuts being made in Special Education services, saying the students need those resources, nor in campus supervision, because students need a safe environment. With no other requests to speak, Eberhart closed the public hearing.

Board comment Strange said the issue is whether the Board can give salary raises at the level being requested by the employee bargaining units. With most of the budget allocated to personnel, it is in personnel that cuts must be made. The choice, he said, is either to increase revenue through a parcel tax or to cut expenses. In response to Mayo, McHenry explained that the reductions listed in Special Education teaching and assistant positions are included because they are not needed at this time. In response to Eberhart, McHenry said the $589,344 shown as being allocated to “Underperforming Schools” pays for some of the support positions included on the budget reduction list. Eberhart said he would need to see a plan on how a school can do without a campus supervisor or a custodian before he could agree to cut either position. He is more open to the idea of cutting custodial supervisors, currently staffed at one per each secondary school, and asked that those positions be added to the list. He noted that budget cuts are necessary in order for the District to provide competitive salaries, given that support for a parcel tax is still not evident. Eberhart also asked questions regarding site and department budgets and Speech Language Pathologist services and explained that money is saved by cutting vacant positions because it removes those positions from the budget, where funding has been allocated to them. He said the Board hopes to deal with most of the position reductions through attrition, not layoffs.

Eberhart announced that there will be two community meetings on the following night, November 27, at 7 p.m. at Pleasant Hill Middle School and at Delta View Elementary School. The Board will hold another hearing and consider action on some of the recommendations at its December 11, 2007, meeting.

10.2 Appointment of Elementary School Principal

Allen moved, Treece seconded, and the Board voted 5-0-0 to appoint Jennifer Stahlman-Voris as Elementary School Principal, assigned to Pleasant Hill Elementary, effective when her current employer can find a suitable replacement for her.

10.3 Appointment of Workers’ Compensation Manager

Mayo moved, Strange seconded, and the Board voted 5-0-0 to appoint Barbara Corrick as Workers’ Compensation Manager, effective December 1, 2007.

10.4 Consider Review and Update of Job Description for Chief Financial Officer

Treece moved, Allen seconded, and the Board voted 5-0-0 to approve the revised job description for Chief Financial Officer. Presented as information at the November 13 Board meeting, this item was returned for action at this time.

11. ADJOURNMENT

Eberhart adjourned the meeting to Closed Session at 9:20 p.m. to discuss the Superintendent’s Evaluation. He adjourned the meeting at 10:30 p.m.

Gary McHenry, Secretary

POTENTIAL BUDGET CUTS

	ITEM	AMOUNT		UNIT	IMPACT
		Unrestricted	Restricted
1	Reduce one (1) High School Vice Principal	$102,833		DMA	This position is funded out of General Purpose Underperforming Schools Grant. Would lessen support at school sites, affect school climate and discipline, student support and guidance. (2008-09)
2	Reduce three (3) Elementary Vice Principals	$264,768		DMA	Would lessen support at school sites, affect school climate and discipline, instructional monitoring and discipline. (2008-09)
3	Reduce one (1) Program Specialist, Special Ed.	$101,960		DMA	Would increase responsibility of other Program Specialists and Program Managers. (2007-08)
4	Reduce one (1) Secretary from each high school	$341,225		CST	Would increase responsibilities of other clerical staff. Would reduce support to students, staff, parents, and administrators. (2008-09)
5	Reduce one (1) Intermediate Typist Clerk, Student Services	$38,665		CST	Reduce ability to process transcripts and record requests. (2008-09)
6	Reduce .20 Community School Coordinator at Riverview Middle	$10,850		CST	This position is funded out of general purpose grant to underperforming schools. Would reduce support to parents and students. (2008-09)
7	Reduce one (1) vacant Personnel Assistant – district office	$59,220		CST	Would reduce ability to process employee applications and update personnel records. (2007-08)
8	Reduce one (1) vacant Senior Account Clerk in Fiscal Services	$57,116		CST	Would increase responsibilities of other Fiscal Services personnel. Would impact Accounts Payable and Receivables. (2007-08)
9	Reduce one (1) Senior Secretary, Curriculum and Instruction	$61,105		CST	Would reduce support to Curriculum staff and impact other departments because of seniority rights of affected personnel. (January 31, 2008)
10	Reduce one (1) Special Education, Extended Year Secretary	$54,076		CST	Would reduce clerical support to extended year program. Increase responsibilities of other personnel. (January 31, 2008)
11	Reduce one (1) Psychologist	$96,621		MDSPA	Could impact assessment timelines. Would require a shift in responsibilities of remaining psychologist. (2008-09)
12	Eliminate Psychologist time on Positive Behavior Team	$19,636		MDSPA	Would increase capacity for student assessments. (2007-08)
13	Reduce 15 regular Teachers over formula	$829,351		MDEA	Could increase class size. This is possible because of declining enrollment. 2008-09
14	Reduce two (2) Resource Teachers – Fair Oaks and Holbrook	$110,580		MDEA	These positions are funded out of underperforming school funds made available through action of the Board of Education. Would reduce support to students, teachers, and parents. (2008-09)
15	Reduce two (2) Speech Language Pathologists	$120,439		MDEA	This is possible because of reduction in students who require services. (2008-09)
16	Reduce three (3) Special Education Teachers because of small class size	$165,870		MDEA	Would have to transport more students. Could increase transportation cost. 2008-09
17	Reduce four (4) Special Education Assistants	$131,844		CSEA	Three of the assistants are assigned to teaching positions that have been reduced. The other position would be a 1:1 position. (2008-09)
18	Reduce 2.25 Instructional Assistants – bilingual	$89,911		CSEA	These positions are funded out of underperforming schools grants. Would impact services to students, teachers and parents at Glenbrook Middle School. (2008-09)
19	Reduce 1.40 Campus Supervisor and Campus Supervisor II at secondary schools	$71,096		CSEA	Would reduce Campus Supervisor time at Mt. Diablo High, Glenbrook, Oak Grove, and Riverview middle schools. (2008-09)
20	Eliminate custodial roving crew · 4 PM Custodians · 2 Custodial Leadworker II	$350,949		M&O	Would impact cleaning of schools and reduce ability to respond to emergencies such as MRSA infections at school sites. (January 31, 2008)
21	Reduce 3.0 Site Tech II - funded out of General Fund	$234,743		M&O	This would have no impact if positions are funded out of Restricted Maintenance Account (see item 24). · Ygnacio Valley High 1.0 · Riverview Middle .56250 · District TIS 1.4375 (January 31, 2008)
22	Reduce one (1) Groundskeeper/Gardener at Pleasant Hill Education Center	$45,463		M&O	Would impact lawn and field maintenance. (January 31, 2008)
23	Reduce one (1) Medium Equipment Operator	$74,697		M&O	Would impact laws and field maintenance. (January 31, 2008)
24	Eliminate remaining Mobile Maintenance team · 2 Mobile Maintenance Leadworkers · 2 Mobile Maintenance Team Workers	$3,636	$360,039	M&O	Would eliminate mobile maintenance service. The need for mobile maintenance has been reduced because of Measure C and the “focus monitoring” service available to schools. January 31, 2008
25	Reduce one (1) Parts Controller	0	$69,152	M&O	This position is funded out of restricted transportation account. Could impact funding and service to craftsmen and mechanics. (2008-09)
26	Reduce one (1) Automotive Mechanic	0	$80,418	M&O	This position is funded out of restricted transportation account. Would increase workload of remaining Auto Mechanics. (2008-09)
27	Reduce 3.40 vacant Special Education positions Special Day Class 1.40 Resource Specialist 1.20 Designated Instructional Assistant	$204,000			No impact at present. Students have been moved to other teachers. (2007-08)
28	Eliminate additional general purpose funding for underperforming schools for 2008-09	$589,344 included in above $85,698 not included in above			The following positions would be eliminated High School Vice Principal – MDHS 1.000 Campus Supervisor – MDHS .375 Site Tech II – YVHS 1.000 Instructional Assistant, Bilingual Glenbrook Middle 2.250 Campus Supervisor at Glenbrook .250 Secondary Teacher at Glenbrook .200 Secondary Teacher at Oak Grove 1.000 Campus Supervisor at Oak Grove .4375 Site Tech II at Riverview .5625 Campus Supervisor II at Riverview .34375 Community School Coord. at Riverview .20 Teacher at Riverview .75 Elementary Resource Teachers at Fair Oaks and Holbrook 2.00 · Unspent allocation of $85,698
29	Transfer Lottery proceeds to unrestricted General Fund $150,000 2007-08 $150,000 2008-09 $150,000 2009-10	$150,000	for 3 years		Will help fund balance in 2007-08, 2008-09, and 2009-10 and help with one-time expenses in each of the three years indicated.
30	Reduce school sites operating budget by 10% and replace with an equal amount from the restricted lottery account	$90,000			This has the effect of freeing up General Purpose money and using lottery money to assist schools in purchasing textbooks and instructional supplies.
31	Reduce all general purpose departmental operating budgets by at least 10% for the 2007-08 school year.	$100,000			Would reduce the amount available for council and cabinet members to operate their divisions and departments.
	TOTAL	$4,116,352	$509,609