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Live blog of 3-25-13 MDUSD meeting

By Theresa Harrington
Monday, March 25th, 2013 at 7:57 pm in Education, Mt. Diablo school district.

7:51 p.m. Meeting is underway, with board voting on expulsions.

Here’s the agenda:

1.0 Call to Order
1.1 President will call the meeting to order Info

2.0 Announcements
2.1 In closed session, the Board will consider the items listed on the closed session agenda. Info

3.0 Public Comment

3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info

4.0 Adjourn to Closed Session at 6:00 p.m.

4.1 Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey. Agencies: MDEA, CSEA, Local One M&O, Local One CST, MDSPA, and Supervisory. Action

4.2 Readmission Action

4.3 Expulsions Info

5.0 Reconvene Open Session
5.1 Reconvene Open Session at 7:30 p.m. Info

6.0 Preliminary Business
6.1 Pledge of Allegiance and Roll Call Info

7.0 Report Out Action Taken in Closed Session
7.1 Negotiations Info
7.2 Readmission Info
8.0 Expulsion Recommendations
8.1 Expulsion Recommendation – Student #13-13 Action
8.2 Expulsion Recommendation – Student #14-13 Action
8.3 Expulsion Recommendation – Student #15-13 Action
8.4 Expulsion Recommendation – Student #16-13 Action
8.5 Expulsion Recommendation – Student #18-13 Action
8.6 Stipulated Expulsion Agreement & Waiver of Student Expulsion Hearing and Agreement to Complete Readmission Plan for Student #17-13 Action

9.0 Student Representatives
9.1 Student representatives will report on activities at their schools. Info

10.0 Consent Agenda
Action
10.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
10.2 (Item #2) Minutes of the meeting of February 25, 2013 Action
10.3 (Item #3) Recommended Action for Certificated Personnel Action
10.4 (Item #4) Request to decrease Full Time Equivalent (FTE) for the 2012-2013 school year Action
10.5 (Item #5) Student/Intern Teaching and Administrative Intern Agreement between Notre Dame De Namur University and Mt. Diablo Unified School District Action
10.6 (Item #6) Recommended Action for Classified Personnel Action
10.7 (Item #7) Classified Personnel: Request to Increase/Decrease Positions Action
10.8 (Item #8) Classified Personnel: Resolution of Reduction or Discontinuance of Classified Employees (Classified Layoff) Resolution No. 12/13-36 Action
10.9 (Item #9) Student Success Team Management System License Agreement between San Joaquin County Office of Education and Mt. Diablo Unified School District Action
10.10 (Item #10) Approve contract with Resource Development & Associates (RDA) for evaluation services for Tobacco Use Prevention Education (TUPE) grant evaluation for the 2012-2013 school year Action
10.11 (Item #11) Procurement and Installation of New Synthetic Track Surface for the Outdoor Athletic facility at Clayton Valley Charter High School Action
10.12 (Item #12) Authorize submission for the Contra Costa County Family and Children’s Trust (FACT) grant to support the Crossroads Program Action
10.13 (Item #13) Contract Amendment: PHd Architects: Site Addaptive and Design Modifications Required to facilitate new classrooms and use of District Pre-Checked (PC) 1440 square foot design to meet Eagle Peak site needs. Action
10.14 (Item #14) Award of Lease-Leaseback Agreement to Taber Construction, Inc. for Chemistry Classrooms 2013 at Concord/Nueva Vista and College Park High School Action
10.15 (Item #15) Final Change Order – for LLB #1594 for New Chemistry Classroom Construction at Mt. Diablo and Clayton Valley Charter High School Action
10.16 (Item #16) Notice of Completion for LLB #1594 Action
10.17 (Item #17) Request Approval to Purchase (5) 2013 Ford F-150 Pickup Trucks Action
10.18 (Item #18) Request Approval to Purchase a 2013 Ford F350 One ton Flatbed truck Action
10.19 (Item #19) Adoption of the German Honors course of study Action

11.0 Consent Items Pulled for Discussion

12.0 Recognitions

12.1 The Board of Education will recognize Teacher of the Year Nominees Info

13.0 Public Comment
13.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentation are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info

14.0 Communications
14.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info

15.0 Superintendent’s Report
15.1 Northgate High School – United Nations Team Info
15.2 Concord High School Boys Soccer Team – Coach Alfonzo Munoz Info
15.3 Bond Refinance Update Info
15.4 School Safety Report Info
15.5 Bay Point Attendance Boundary Process Info

16.0 Business/Action Items

16.1 Amended Contract for Assistant Superintendent, Student Achievement and School Support, for Board Action Action

16.2 Amended Contract for Assistant Superintendent, Personnel, for Board Action Action

16.3 Amended Contract for Chief Financial Officer for Board Action Action

16.4 Amended Contract for General Counsel for Board Action Action

16.5 Amended Contract for Superintendent for Board Action Action

16.6 Appointment of Construction Manager II for Measure C Action

16.7 Update on Mandated Reporting Policy and Protocol (carried over from March 11, 2013 meeting) Info

16.8 Strategic Plan – Follow-Up and Next Steps Action

16.9 Technology Advisory Committee Info

16.10 Explore the potential multi-year lease of KVHS non-commercial FM Radio license: would not interfere with District’s right to provide KVHS programming via an internet-only-stream. Action

16.11 Public presentation of District’s Initial Proposal for a Succesors Agreement with Mt. Diablo Education Association (MDEA) 2013-2016 Info

16.12 Public presentation of the Successor Agreement Proposal for California State Employees Association (CSEA)to the District Info

16.13 Procurement and Installation of Surveillance License Upgrades with Three Year Maintenance Agreement for 950 Cameras Action

16.14 Update on the Board’s Response to the Public Records Act Request of the Contra Costa Times/Dan Borenstein Info

16.15 Graduation Requirements Update Info

16.16 Title I Policy MDUSD Proposed BP/AR 6171 Info

16.17 Meeting Extension Action
17.0 Future Agenda Items
17.1 Future Agenda Items Info

18.0 Board Member Reports
18.1 Board reports Info

19.0 Closed Session
19.1 Public Employees Discipline/Dismissal/Release/Complaint Action

20.0 Reconvene Open Session
20.1 Report Out Action Taken In Closed Session Info
21.0 Adjournment
21.1 Adjourn Meeting Info”

Live blog:

Board just recognized seven teachers who were in the running for district teacher of the year, including two district teachers of the year from Monte Gardens and El Monte elementary schools.

UPDATE: Here are the names of the seven teachers recognized:

District Teachers of the Year: Carissa Sugden, El Monte; and Shannon Prichard, Monte Gardens Elementary

Additional candidates:

Elisa Peters, Oak Grove Middle School
Janet Gowers, Ygnacio Valley High
Nicholas Sanchez, Shore Acres Elementary
Nina Pate, Woodside Elementary
Virginia Hewgley, Valhalla Elementary

8: 08 p.m. Student reps are now giving their reports.

8:17 p.m. Superintendent wants to move up recognitions for high school students.
The board recognized Northgate High’s United Nations Team and Concord High’s Boys Soccer Team.

8:25 p.m. John Parker just asked board to scrutinize lease-leaseback contracts.
Hansen pulled item 10.14 and Oaks pulled 10.9.

10.9 Student Success Team Management System License Agreement between San Joaquin County Office of Education and MDUSD:
Oaks: This is a $44,000 item that I’ve not heard about. I’d just like some information about who’s in charge of documenting this. I know it used to be done by hand. Is there a reason we’re now going to an online management system?
Lock: Yes, it used to be done by hand by principals. We found data very inconsistent. Last year, there was a committee of staff who explored this new product. Every SST is documented. This process is going to really assist us in significant disproportionality monitoring because we are required to monitor all referrals. This product was originally approved by the board last year. Sold to Accelify, then back to San Joaquin County Office of Education. This contract reduces our cost by $10,000. Three year cost. Typically there could be 20-25 per school. There could be two or three for one student over the years. Administrator can be monitoring to see if staff is staying on top of the actions. We did a trainer of trainer model back in August. Those trained went back and trained their staff.

8:32 p.m. License agreement unanimously approved.

Supt announced 11.2 was pulled by staff to be brought back later (I didn’t catch which original item that was.)

Extensive discussion of lease-leaseback with outside counsel talking about it.
Approved lease-leaseback contract in 4-1 vote (Hansen no)

Annie Nolen spoke about mandated reporting requirement and ID theft porgram.

Two district residents complained about their grandson being bullied.

Willie Mims spoke (I didn’t catch all his comments because I was talking to the grandparents in the lobby).

9:38 p.m. Back to rest of Superintendent’s Report:
15.3 Jon Isom is giving a bond refinance update with a PowerPoint.

9:40 pm. Superintendent is reporting on safety. Locks will be replaced along with several older doors, for a total cost of about $2.5 million. Current RFQ going out for locks. Hopefully will bring back firm responses in May and expect to bring doors back in near future.
Brian Lawrence asked about Ayers crossing guards.
Superintendent said he would have to ask principal, but the district is trying to re-evaluate the opening of the parking lot.
Brian Lawrence asked for an update from the superintendent and general counsel on the liability issues around crossing guards.

9:43 p.m. Superintendent is giving a Bay Point Master Plan update.
He said the growth projections don’t bear out a new high school, but Delta View is overflowing 100-200 students. So, a committee recommended having a public forum and asking for parent input. He said anybody can join the committee (I wonder how they’re promoting that?) The committee is meeting Wednesday.
Hansen: This surprised a couple board members because we didn’t know about the meeting. We didn’t know there were three scenarios. This has to be a team effort, where the board is informed and the board is participating.

Willie Mims: I was at Bay Point and we learned a lot and we heard a lot. One of my concerns is when you’re discussing boundaries, you have some new sections and some old sections. Concerned about possible Gerrymandering effect. I did not get a copy of the boundary proposal and would like to get one.
carries 3-2 (hansen and oaks against)

16.1 Amended contract for Assisant Superintendent, SASS (Rose Lock):

Rebecca Jensen comment:
Chastised the press. Said the FCMAT report about CVCHS costs seems to have been the match (to ignite this situation). The superintendent is very transparent. It feels as if this whole debacle is being used to do some housecleaning. Mistakes have been made, but I don’t believe them to be egregious enough to warrant this. If administrators can be so easily dismissed, what message does this send? Why would any qualified person ever want to work for our district?

Unanimously approved.

16.2 Amended contract for Assistant Superintendent, Personnel (Julie Braun-Martin):
Dennler moved approval and Oaks seconded. Then Dennler told Braun-Martin that one of her responsibilities is to interact with teachers who may lose their jobs. “This is a time of disappointment. I ask you to go above and beyond. Listen with patience and compassion. Four years ago, when I faced this position, I found you to be heartless and rude.”
Unanimously approved.

16.3 Amended contract for Chief Financial Officer (Bryan Richards):
Hansen said she is looking for a CFO who can answer questions about the budget. “I get concerns that requests for information are made and there’s not responsiveness. We have to have a CFO who can anwser questions quickly in language and terms that really answer those questions so people aren’t wondering what the heck’s going on. We need a CFO who really can be among his staff in fiscal. I think movement across the hall has not been helpful. I think people may not be managed as effectively as they could be. Payroll and fiscal is not a department where you want any unhappy campers.

Mayo: I want to express my concern that a ministerial action has been used to create firestorm of controversy. In them meantime, these employees have carried out their duties. Since December 2012, at least six attorneys have given input about these contracts. Despite this, the board still seeks other opinions. Attorneys have indicated that the action on April 23 is legally binding. I want to caution that comments made about employee performance may expose the district to a complaint. Although tonight’s action is legally unnecessary, I will support the extension as legally prepared by Roy Combs, attorney at law.

Hansen: Legal opinions are legal opinions and the only way something becomes legally binding is in a court of law with a judge making a decision. I am personally concerned that I was on this board last April 23 when these contracts came forward. I asked last April, ‘Where the heck are these contracts and why aren’t they posted for public viewing?’ I asked in the summer, ‘Where are these contracts?’ And I was ignored. The fact that we have spent money on outside attorneys is appalling to me, but I couldn’t get a second. Here we sit with a new board having to spend the first three months of their tenure having to fix the last mistakes. I am very concerned and offended. I am very unhappy that people on this board chose not to follow through. I’m also unhappy that the district administrators failed to follow through and advise the board. I resent the outside attorney fees.

Unanimously passed.

16.4 Amended contract for General Counsel (Greg Rolen):
Jack Weir: I expect the general counsel to be the district’s watchdog. The very manner in which these contracts were handled is all the evidence I need to know that there has been complete mismanagement in this regard. The public is very unhappy. Here we are trying to clean up a mess and we ought to be trying to make things better. We need new leadership at the top so we can move forward.

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