BOARD MEETING: December 11, 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; General Counsel Greg Rolen

Student Representatives: Kyle Thomson, Clayton Valley; Samantha Dimetriou, College Park; Allison Highberger, Concord; Prince Singh, Mt. Diablo; Michelle Forcier, Northgate; Chris Acevedo, Olympic; and Enrico Aguilar, Ygnacio Valley (voting)

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

PUBLIC COMMENT: Alany Helmantoler, parent, said some students are not being allowed onto Fibar play surfaces at District schools and read from the Brown Act on the public’s right to place items on a Board agenda.

CLOSED SESSION: The Board adjourned to Closed Session at 6:03 p.m. in Room 6 at the Dent Center. Topics discussed included six expulsions, existing litigation (Spieler v. MDUSD), conference with real property negotiator (former Oak Park Elementary School site), public employee discipline/dismissal/release/complaint, negotiations, and superintendent’s evaluation.

Public employee discipline/dismissal/release/complaint
Allen moved, Strange seconded, and the Board voted to terminate classified employee #17274, effective October 31, 2007.

RECONVENE OPEN SESSION: The Board returned to Open Session at 7:30 p.m. in the Board Room at the Dent Center. President Eberhart led the Pledge of Allegiance to the Flag.

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

Student 09-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 09-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 09-08 may apply for readmission after June 11, 2008. It is required that Student 09-08 participate in individual counseling, community service, the COPS Program, and show evidence of a successful school experience, prior to applying for readmission.

Student 10-08: Strange moved, Mayo seconded, and the Board voted 5-0-0 that Student 10-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 10-08 may apply for readmission after June 11, 2008. It is required that Student 10-08 participate in individual counseling, community service, the COPS Program, and show evidence of a successful school experience, prior to applying for readmission.

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

Student 12-08: Allen moved, Treece seconded, and the Board voted 5-0-0 that Student 12-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 12-08 may apply for readmission after June 11, 2008. It is required that Student 12-08 participate in individual counseling, community service, the COPS Program, the MDUSD Teen Anger Management Program, and show evidence of a successful school experience, prior to applying for readmission.

Student 13-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 13-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 13-08 may apply for readmission after June 11, 2008. It is required that Student 13-08 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 the topics discussed and action taken in Closed Session

2. ORGANIZATIONAL MEETING

2.1.1 Election of President December 2007–December 2008

Allen moved, Mayo seconded, and the Board voted 5-0-0 to elect April Treece as president for the next calendar year.

2.1.2 Election of Vice President December 2007–December 2008

Mayo moved, Treece seconded, and the Board voted 5-0-0 to elect Dick Allen as vice president for the next calendar year.

2.1.3 Appointment of Secretary/Clerk to the Governing Board of Trustees
Strange moved, Allen seconded, and the Board voted 5-0-0 to appoint Gary McHenry as Secretary/Clerk to the Board.

2.1.4 Establishment of Day, Time, Place of Regular Board Meetings
Treece moved, Strange seconded, and the Board voted 5-0-0 to approve the following dates in 2008 for Board of Education meetings:

January 8 May 13 September 9
January 22 May 27 September 23
February 12 June 3 (1^st Tues.) October 14
February 25 (Mon.) June 17 (3^rd Tues.) October 28
March 11 June 24 (3^rd Tues.) November 12 (Wed.)
March 18 (3^rd Tues.) July: no meetings November 25
April 8 August 12 December 9
April 22 August 26

2.1.5 Adoption of Certification of Signatures
Mayo moved, Allen seconded, and the Board voted 5-0-0 to adopt the Certification of Signatures, with the newly elected Board officers noted.

3. CONSENT AGENDA

Public comment Alany Helmantoler, parent, spoke to Items 3.2.2, 3.2.4, 3.5, 3.6, and 3.9.3, asking questions about teacher qualifications, exemptions to post-retirement earnings, contract changes, and the District’s relationship with the City of Concord.

Board action After pulling Item 3.8 at Eberhart’s request for clarification, Treece moved, Allen seconded, and the Board voted 5-0-0 to adopt the following items on the Consent Agenda:

3.1 Minutes of the meeting of November 13, 2007.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 07/08-47 Education Code 44258.2 – Board Authorization

Adopted Resolution 07/08-47, authorizing Cathleen Foster, who holds a Single Subject or Secondary credential and has 12 lower division units or 6 upper division units in a subject, to teach that subject in a middle school for the 2007-08 school year, as per Ed. Code 44258.2.

3.2.3 Increase in Full-Time Equivalent Position (FTE) for the 2007-2008 School Year

Added a .60 FTE English as a Second Language teacher at Ygnacio Valley High School, increasing the expenditure budget of Categorical Funds (EIA) in the amount of $37,672.

3.2.4 Assembly Bill 948 – STRS Post-Retirement Earnings Limitation

Approved an exemption of up to two years from the STRS post-retirement earnings limitation for retired employee William Beemer, who is filling a vacant High School Vice Principal position. There is no impact to the General Fund.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.4 Fiscal Transactions for November 2007

3.5 Contract Amendment #8 – Corlett Skaer and DeVoto Architects, Inc.

Approved amendment in the amount of $5,880 to contract with Corlett, Skaer and DeVoto Architects, Inc. for architectural/engineering services related to assorted projects at Gregory Gardens, Pleasant Hill, and Valhalla elementary schools. Funding Source: Measure C

3.6 Final Deductive Change Order to Bid 1399, Sausal Corporation

Approved final deductive change order in the amount of $123,111.71, to Bid 1399, Sausal Corporation, for new classrooms and facility renovations at Ayers, Monte Gardens, and Mountain View elementary schools. Funding Source: Measure C

3.7 Notice of Completion to Contract C-827, Bid 1399

Approved Notice of Completion to Contract C-827, Bid 1399, in the amount of $12,068,818.62 to Sausal Corporation for modernization and new classrooms at Ayers, Monte Gardens, and Mountain View elementary schools. Funding Source: Measure C

3.8 Purchase of Two Passenger Vans—See “Separate Action” below

3.9 Grant Application Requests

3.9.1 After School Demonstration Site Grant

Approved submittal of an application to the California Department of Education for an After School Demonstration Site grant. Holbrook Elementary and Riverview Middle would serve as the two sites for the District. Fiscal Impact: The grant would provide up to $225,000 over three years. There is no cost to the General Fund.

3.9.2 Specialized Secondary Program (SSP) Grant Application for Mt. Diablo High School

Approved submittal of an application to the California Department of Education for a grant to establish the Humanities and Fine Arts Academy (HAFA) Specialized Secondary Program (SSP) at Mt. Diablo High School. Fiscal Impact: The grant would provide up to $235,000 over four years. There is no cost to the General Fund.

3.9.3 City of Concord Community Development Block Grant

Approved submittal of an application to the City of Concord for a Community Development Block Grant to increase enrichment services to eight eligible CARES After School sites in Concord: Cambridge, Fair Oaks, Meadow Homes, Wren Avenue, and Ygnacio Valley elementary schools; Glenbrook and Oak Grove middle schools; and Mt. Diablo High School. Fiscal Impact: The grant would provide up to $70,000 over two years. There is no cost to the General Fund.

3.10 Resolution 07/08-46 Approving a Contract Agreement with School Project for Utility Rate Reduction (SPURR)

Adopted Resolution 07/08-46, approving a contract agreement with School Project for Utility Rate Reduction (SPURR), a California joint powers authority, for the purpose of operating an aggregated natural gas acquisition program. There is no impact to the General Fund.

SEPARATE ACTION

3.8 Purchase of Two Passenger Vans

In response to Eberhart, Director of Maintenance and Operations Pete Pedersen said it is necessary to reduce the ride time for some Special Education students. At its last meeting the Board approved two bus driver positions so that two routes can be added. At this meeting the Board is being asked to approve the purchase of two new vans because there is not safe and reliable rolling stock for those routes. Funding comes from the Bus Replacement Budget, which was established more than ten years ago and is comprised of fees the Transportation Department charges for field trips during the summer.

Board action Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve the purchase of two, 20-passenger vans through the award of a purchase order to A-Z Bus Sales, Inc., piggybacking on a bid for Waterford Unified School District. Fiscal Impact: $126,720 Funding Source: Transportation Department Bus Replacement Budget

4. RECOGNITIONS: Outgoing President – Gary Eberhart

Gail Isserman read a list of accomplishments in the District during Gary Eberhart’s term as Board President, January through December 2007. Alan Young presented Eberhart with a framed copy of the list and a gift of thanks from the Superintendent’s Council. Treece presented him with a gift of appreciation from his fellow Board members. Eberhart said the long list of accomplishments is a testament to the hard work of thousands of staff members who serve the District and its students. He said he sincerely appreciates the work that is done. Noting that this is the beginning of his 13^th year on the Board, he says he has “enjoyed almost every minute.”

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 congratulated Mt. Diablo High School on earning an exit from the High Priority Schools Grant Program. She reported on visiting Westwood Elementary and attending a variety of meetings, including the State Senate Education Committee, the Superintendent’s Parent Advisory Council, County Supervisor Susan Bonilla’s Breakfast on Education featuring California State East Bay President Mo Qayoumi, the MDUSD Budget Advisory Committee, and the Measure C Committee. She complimented Vanir, the Measure C consultant, and the MDUSD team “for reducing the $17 million cost escalation by $3 million due to effective management of contracts, direct equipment purchase and oversight.” She also attended the Concord Chamber of Commerce’s “State of Education” presentation featuring Superintendent McHenry, Chancellor Helen Benjamin of Contra Costa Community College and Vice President Linda Dalton of Cal State East Bay. She announced that the East County Environmental Justice Collaborative—Community Action for a Renewed Environment Program (CARE), which includes the County Public Health Department and the Youth Engagement team from Gateway High School, has received a 1.5-year $90,000 grant that will enable youth from the Bay Point community to work with California State University, San Francisco, students to reduce toxic pollution. She recognized Trustee Strange for his support of the Salvation Army efforts in Concord and noted that he and other prominent community leaders are pictured on the organization’s latest brochure.

Allen reported on the Concord Chamber of Commerce’s “State of Education” discussion at a luncheon earlier in the day, saying that the three speakers (McHenry, Benjamin, and Dalton, as noted in Mayo comments above) all spoke of the importance of working together. He announced that 80 students participated in the Chamber’s Ethics Day and were clearly well prepared. In the last week he attended the DMA holiday social, the Parent Advisory Council, and the Community Advisory Committee. At the latter, Valley View Principal Nadine Rosenzweig and Riverview Principals Rugani described the “collaborative model” of classroom instruction, a practice he hopes to see in all District schools.

Treece reported on the annual CSBA conference, which all Board members attended. She enjoyed workshops on a variety of topics and keynote speeches on the topics of political opinion in California and the state of education. She announced that the Contra Costa Business and Education Leadership Summit will be held on January 10. Dr. Willard Daggett, an education futurist, will facilitate. The event provides an opportunity for representatives of business and education to look at ways of working together to improve education. She invited parents to a free event on January 9, when Dr. Daggett will speak at Northgate High from 6:30 to 8:30 p.m.

Eberhart also reported on the CSBA conference. He and Allen are members of the CSBA Delegate Assembly and participated in debates on salient education issues to establish CSBA positions on a variety of topics. He attended a workshop on the Brown Act and agreed to serve on the Nominating Committee, which will search for and recommend the organization’s next vice president, who will eventually become CSBA president. He said he read through the new Adult Education course catalog and was impressed with the number and variety of offerings. He has been active on the Ygnacio Valley High parent cleanup crew and reported that parents are trying to get new marquee for the school. He expressed appreciation for the parent volunteers in the District, who “do a ton for our schools.”

5.3 Issues of Concern

6. PUBLIC COMMENT

Lacey Friedman, parent of a student who has special needs, said the District is not providing the support her son requires, specifically in regard to paraprofessionals, speech language pathologists, and playground access. Alany Helmantoler, parent, spoke to the issue of playbox surfacing, said the public has a right to see records of the Spieler v MDUSD Consent Decree, and stated that the District should replace all the fibar product in the playboxes because it cannot be adequately maintained. Ruth Carver, parent and founder of Northgate Parents for Transfer, said she is circulating a petition to have all the District’s schools that are located in Walnut Creek transferred to the Walnut Creek Elementary School and the Acalanes Union High School districts. Asking that an item to accept or deny the petition be placed on the next Board meeting, she provided her rationale that the transfer be approved.

7. COMMUNICATIONS

7.1 Student Representatives

Kyle Thompson of Clayton Valley, Samantha Dimetriou of College Park, Allison Highberger of Concord, Prince Singh of Mt. Diablo, Michelle Forcier of Northgate, Chris Acevedo of Olympic; and Enrico Aguilar of Ygnacio Valley reported on events, activities, and issues at their respective high schools.

7.2 Organizations

Kickan Wilson, MDSPA co-president, described the work the school psychologists do in the District to serve students from preschool to the Bridge Program.

8. REPORTS/INFORMATION: None

9. SUPERINTENDENT'S REPORT

McHenry announced that the state Department of Education is initiating two recognition programs, one for Student of the Year and another for Classified School Employee of the Year (in the areas of child nutrition, maintenance and operations, transportation, paraeducator, office and technical, support services and security). Gail Isserman will lead the effort to identify nominees from among District staff.

10. BUSINESS

10.1 Public Hearing and Recommendation on Possible Budget Reductions

The Board of Education is considering budget reductions to pay for some unanticipated expenses and to meet compensation demands by employee bargaining groups. McHenry provided a brief report. He reviewed the District budget, explained the categorical/restricted funds, and noted that about $2.8 million in unrestricted funds were available after the books were closed for 2006-07. A one percent raise for all District employees totals $2.1 million. He described actions taken to reduce expenses, including two unsuccessful attempts to garner support for a parcel tax. The goal, he said, is to cut $4.4 to $6.6 million over this year and next. He then reviewed the items on the list of proposed reductions.

Public hearing Eberhart opened the public hearing at 9:05 p.m. Custodial Supervisor Gordon Spangler described the many and varied tasks he performs at Loma Vista Adult Center and asked the Board not to cut any of the District’s 17 custodial supervisor positions. Linda Dortzbach-Hudlin, groundskeeper, asked that the Board take more time to gather suggestions before acting on any of the items on the budget reduction list at this meeting. Alany Helmantoler, parent, objected to the public hearing being held as she believes it was not properly posted. She also objected to any budget cuts and offered a variety of complaints about the management of the District. Connie Warner, president of the Community Advisory Committee, said services to Special Education students have improved since the Consent Decree was signed eight years ago. She worries that those services will suffer if budget cuts are made. Dorothy Englund, parent, said management needs to reprioritize the budget, making teachers a priority. Tamara Helfer, parent, said there is nothing more important than providing competitive compensation for teachers. With no other requests to speak, Eberhart closed the public hearing at 9:29 p.m.

Staff comment In response to Eberhart, McHenry explained that he had broken the list of budget reductions into five groups and would be recommending each group for Board action separately. The positions listed in Group I are vacant; those in Group II are primarily procedural, e.g. transferring lottery money. He presented those two groups at this time, stating that all other cuts can be made at subsequent meetings.

Board comment, Group #1 Strange said no one on the Board or on staff relishes making budget cuts. However, it’s difficult to hear people say, Don’t cut the budget” and also “Increase compensation to employees.” The cuts are necessary in order to provide the increases. He pointed out that Mt. Diablo USD receives the lowest per student (Average Daily Attendance, ADA) revenue from the state of all the districts in Contra Costa County due to a formula established in 1977. He said the low revenue is also due to the lack of a parcel tax, which is the only mechanism available at the local community level to address students’ education needs. Eberhart pointed out that the items in Group I will not result in anyone losing a job. He suggested using an additional $300,000 a year in lottery money for employee compensation. He reiterated Strange’s comments about the need to make budget cuts in order to provide compensation increases. In response to Mayo, McHenry said the lottery money is to be allocated at the Board’s discretion, so it could all be allocated to compensation. He did not recommend using it all because those funds have been available for assorted needs that arise during the year. Surveillance cameras have been purchased with lottery funds. Mayo said she recalls being advised that lottery funds should be considered a one-time expense because the amount varies from year to year depending on lottery sales. Allen pointed out that though the positions are vacant, the work is still there. He noted that he heard at CSBA that there will be cuts in the 2008 state budget. He’d like to postpone a decision on the lottery funds until after the Governor presents the budget in January. Treece said she appreciates Eberhart’s suggestion about lottery funds and would like to postpone a decision about it until the Board faces the need to cut positions that are currently filled.

Board action #1 Mayo moved, Treece seconded and the Board voted 5-0-0 to approve the items listed on the docket as Group I as presented. They include the following:

Group I

Item #	Item	Savings
3	One (1) vacant Prog. Specialist, Special Ed. – District Office	$101,960
9	One (1) vacant Senior Account Clerk – District Office	$57,116
8	One (1) vacant Personnel Assistant – District Office	$59,220
10	Reduce one (1) vacant Sr. Secretary, Curric. and Instruction	$51,105
17	Four (4) vacant Special Education Assistants	$131,844
21A	One (1) vacant Site Technology Support Technician II	$78,247
27	Reduce 2.80 vacant Special Education positions · 1.40 Special Day Class - El Monte Elementary · .60 Resource Specialist (.40 CPHS; .20 CVHS) · .80 Designated Instructional Svcs.- Districtwide	$154,812
29	Transfer Lottery proceeds to unrestricted General Fund: $150,000 in 2007-08; 2008-09; 2009-10	$150,000
30	Reduce school sites operating budget by 10% and replace with an equal amount from the restricted lottery account	$90,000
31	Reduce all general purpose departmental operating budgets by at least 10% for the 2007-08 school year.	$100,000
	TOTAL	$988,106

Board comment, Group #2 Mayo said she believes the Board needs to move forward on the timeline for reductions. She supports the use of more lottery funds, but said that decision can come at a later time. In response to Allen, McHenry explained the impact of cuts to the items listed in Group II. Treece reiterated her concern with cutting positions before having a conversation about the use of more lottery funds. Eberhart said he can support Group II with the removal of the Roving Custodial Crew and the Board’s approval of the use of $300,000 a year in lottery funds. Mayo pointed out the Board’s stated protocol of making reductions equitably across all bargaining units and said she’d like to see another list showing use of the lottery funds before considering increasing them. She wondered if the Board could increase the lottery amount at this time as the public was not notified that that action was a possibility. At the advice of the General Counsel, the Board agreed to postpone consideration of increasing the amount of lottery funds on the list until the next meeting.

Board action #2 Mayo moved and Allen seconded a motion to approve the items listed in Group II. After discussion, Mayo and Allen accepted a friendly motion to remove the Custodial Roving Crew from Group II for the purposes of this vote. The Board then voted 5-0-0 to approve Group II with Item 20A, Custodial Roving Crew, removed.

Group II

Item #	Item	Savings
		Unrestricted	Restricted
20A	Eliminate one (1) Custodial Roving Crew § 2 PM Custodians § 1 Custodial Leadworker	$172,066
22	Reduce one (1) Groundskeeper Gardener at Pleasant Hill Education Center	$45,463
23	Reduce one (1) Medium Equipment Operator	$74,697
24A	Reduce one (1) Mobile Maintenance Team and transfer funding to Site Technology Support Tech II	$1,812	$179,390
6	Reduce one (1) Inter. Typist Clerk in Student Serv.	$38,665
11	Reduce one (1) Special Ed. Extended Year Sec’ty	$54,076
21	Reduce General Purpose Funding for two (2) Site Technology Support Technician II	$156,495
	Total	$543,274 $371,108	$179,390

Separate discussion re: Roving Custodial Crew
Mayo moved and Treece seconded a motion to add Item 20A, Roving Custodial Crew, back on the list for Board consideration. Following a lengthy discussion, Mayo withdrew her motion and Treece her second. The previous action to remove Item 20A stands.

Board request Noting that the reductions are being made primarily to free up $4.4 to $6.6 million for employee compensation, Allen asked McHenry to review the offers the District has made to the bargaining units to date:

• All non-MDEA (Classified units of CSEA and Local One, CST and M&O; District managers and supervisors; school psychologists, ): 3% salary increase for 2007-08 and 2% salary increase for 2008-09, with budget reductions.

• MDEA (teacher unit): Focus is on restoring medical benefits. Proposal pays for 60% of a three-party plan at the end of the contract. First year, District would pay medical coverage of $3,000 for each teacher who subscribes. Second year, pay would be $4,000 for one-party, $5,000 for a two-party, and $6,000 for a three-party (family) plan. The third year, pay would be $4,300 for a one-party, $8,500 for a two-party, and a maximum of $11,000 for a family plan. In addition, the offer includes a 1% salary increase in January 2009 and in January 2010. Allen clarified that the District would pay the benefit costs directly to the provider of the District plan, but the net effect would be a reduction in out-of-pocket expenses for teachers who are currently paying for their own benefit plan.

Board members asked some questions about items on the Group IV list, but no further action was considered nor taken at this time.

10.2 2007-2008 First Interim Report

Education Code 42130 requires each school district to prepare two interim report for its Governing Board during the fiscal year, October 31 and January 31. Dick Nicoll, interim Chief Financial Officer (Gamblin on medical leave) presented the First Interim Report. Highlights:

GENERAL FUND

• Revenue Assumptions

• Declining Enrollment

• Average Daily Attendance (ADA)

• Decreased Revenue Limit Dollars

• Cost of Living Adjustments

• Possible Deficit Factors in 2008-2009 & 2009-2010

• Federal, State and Local Revenues

• Contributions to RESTRICTED Programs

• Special Education $29,044,628

• Transportation 2,923,230

• Routine Repair & Maintenance Account 8,442,665

(Legally required for Proposition 55 and Deferred Maintenance)

• Other Programs Contributions 1,132,883

• Total Contributions $41,543,406

• MULTI YEAR Projections 2007-2010
Unrestricted Projected Ending Fund Balance

Description	2007-2008	2008-2009	2009-2010
Beginning Balance	$ 18,483,058	$ 19,025,434	$ 18,845,142
Revenues and other Financing Sources	172,901,662	175,030,640	177,255,619
Expenditures and other Financing Uses	172,359,286	175,210,930	180,418,368
Net Increase/Decrease in Fund Balance	542,376	(180,292)	(3,162,749)
Ending Fund Balance	19,025,434	18,845,142	15,682,394
Undesignated Ending Fund Balance	$ 5,586,056	$ 4,552,262	$ 610,287

• Designations of the Projected Unrestricted Ending Fund Balance - June 30, 2008

The Projected Unrestricted Fund Balance of $19,025,433 consists of the following:

COMPONENTS OF THE FUND BALANCE

Revolving Cash/Stores ............................................................................ $1,047,109

Economic Uncertainties ......................................................................... 5,948,032

FCMAT Recommendations/GASB 45 ...................................................... 1,243,325

Credential Compliance Penalty................................................................ 1,423,073

Lottery Allocation................................................................................... 455,522

Phase I Energy Management Conservation............................................... 2,500,000

Special Ed Transportation Audit Adjustment............................................. 822,316

Undesignated Reserves 5,586,056

• MYP Assumptions Conclusion, 2007-2008, 2008-2009 and 2009-2010

The District continues to

• sustain its Economic Uncertainties Reserves

• have Undesignated Ending Fund Balance available during the MYP period.

Based on these assumptions and projections, the Superintendent

• recommends the Board of Education approve the 2007-2008 First Interim Report as a Positive Certification.

Board action Treece moved, Strange seconded, and the Board voted 5-0-0 to approve the 2007-2008 First Interim Report as a Positive Certification, as presented. Eberhart thanked Fiscal Services staff for their hard work, particularly during a difficult time.

10.3 Appointment of High School Vice Principal

Mayo moved, Strange seconded, and the Board voted 5-0-0 (Student, yes) to appoint Christina Filios Yiannakopoulos as High School Vice Principal, assigned to Northgate, effective with her release from her current school district.

10.4 Appointment of Middle School Vice Principal

Treece moved, Allen seconded, and the Board voted 5-0-0 (Student, yes) to appoint Constance Cirimeli as Middle School Vice Principal, assigned to Diablo View.

10.5 Mt. Diablo Unified School District Execution of Non Public School Placements for the 2007-2008 School Year

Non Public School day treatment and residential placements occur for students with serious emotional and behavioral needs and are completed jointly with Contra Costa County Mental Health.

Public comment Dorothy Englund, parent, suggested the Board examine every contract that exceeds $25,000 and asked for a copy of that report. She criticized the Special Education staff and Superintendent for their management of the budget.

Board action Mayo moved, Treece seconded, and the Board voted 4-0-1 (Allen, abstain) to approve non public school placements for the 2007-08 school year. Fiscal impact: $3,452.601.13 for school year placements; $796,205.53 for services students received during summer 2007; Total cost: $4,248,806.66. Funding Source: General Fund/Special Education

10.6 2007-2008 Master Contract and Individual Services Agreement (ISA) for Non Public Schools and Agencies

The Bay Area Special Education Local Planning Area Collaborative is a group of 14 districts and Special Education Local Plan Areas (SELPAs) whose representatives meet on an annual basis to enhance and maintain a consistent fiscal relationship with Non Public Schools (NPS) and Non Public Agencies (NPA) which serve children with special needs. The Master Contract and Individual Services Agreement were reviewed by the District’s General Counsel.

Allen moved, Strange seconded, and the Board voted 5-0-0 to approve the 2007-2008 Master Contract, Individual Services Agreement (ISA), and rate structure for non public schools/agencies as presented.

Procedural action: It being ten minutes to 11:00 p.m., when Board meetings are required to end unless extended by a vote of the Board, Mayo moved, Treece seconded, and the Board voted 4-1-0 (Eberhart, no) to extend the meeting until 11:35 p.m.

10.7 2007-08 Single Plan for Student Achievement

Senate Bill 374 requires that as a condition of receiving funding for specified categorical programs, the District will ensure that each school in the District operating those categorical programs consolidates any plans that are required by those programs into a single plan to be known as the Single Plan for Student Achievement. Susan Hukkanen, administrator of coordinated school support, gave a presentation on the process and the components of the Single Plan for Student Achievement, which staff at each school must be update and present to the Board each year.

Strange moved, Treece seconded, and the Board voted 5-0-0 to approve the Single Plan for Student Achievement for each school site. Mayo and Treece thanked the school site staffs for their dedicated work in developing their plan.

10.8 Call for Nominations for California School Board’s Association (CSBA) Delegate Assembly

Nominations for CSBA's Delegate Assembly are being accepted until January 7, 2008. Any CSBA member K-12 school district may nominate Board members within their geographic region or subregion. Board members made no suggestions at this time.

10.9 Appointment to California School Board’s Association Delegate Assembly

Based on MDUSD’s Average Daily Attendance (ADA), two representatives of the MDUSD Board may serve on the CSBA Delegate Assembly. Delegates serve two-year terms, with the positions expiring in alternate years. The position currently held by Gary Eberhart expires in 2008. CSBA has requested the name of the Board representative who will serve the term April 1, 2008, through March 31, 2010.

Strange moved, Treece seconded, and the Board voted 5-0-0 to reappoint Gary Eberhart as MDUSD representative on the CSBA Delegate Assembly for the two-year term that expires March 31, 2010.

10.10 Consider Approval of Board Policy for the Use of Cellular Phones

In order to satisfy IRS requirements regarding taxable income, the District must establish a system that requires an employee to distinguish between personal and business charges on a cellular phone and enables the District to audit the employee’s bills to confirm proper business usage. A draft policy was presented only as information at this time. The item will be returned for action at a subsequent meeting.

11. ADJOURNMENT

Eberhart adjourned the meeting at 11:23 p.m. Mayo presented Treece with a “thank you” card for her work this past year as vice president of the Board, noting that she’d stepped in on occasions when Eberhart was out of town.

Gary McHenry, Secretary