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MDUSD board to meet tonight to appoint an elementary principal, vote on Northgate aquatic center

By Theresa Harrington
Wednesday, November 13th, 2013 at 4:40 pm in Education, Mt. Diablo school district.

The teachers’ union is planning an rally tonight before the school board meeting to protest the district’s last, best and final offer before impasse was declared. Union members and their children will participate in fun activities from 4-6 p.m., followed by a rally from 6-7:30 p.m. outside the Dent Center and Monte Gardens Elementary.

Here is the agenda for the meeting, which is slated to begin at 7:30 in the district office at 1936 Carlotta Drive in Concord. However, it could be moved to Monte Gardens Elementary next door in the event of a large crowd. Interestingly, one of the elementary principals has been moved from an action item to an information item/report since the agenda was originally posted. Yet, there is no indication on this agenda that the item was changed.

“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 of Student #32-12 Action
4.3 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding matter of D. Reynolds v. MDUSD Info
4.4 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding Rhinehart v. Mt. Diablo Unified School District, et al, Contra Costa Superior Court Case No. C13-00297 Info
4.5 Pending Litigation – Confeence with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding I.H. (a minor) v. MDUSD, OAH Case No. 2013090182 Action
4.6 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding N.M. (a minor) v. MDUSD, OAH Case No. 2013080665 Action
4.7 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9 (1) regarding Bay Area News Group, et al v. Mt. Diablo Unified School District, et al, Contra Costa Superior Court Case No. N13-1551. Info
4.8 Potential Litigation based on facts and circumstances regarding various J.Doe claims pursuant to Gov’t Code Section 54956.9(3)(c) Info
4.9 Public Employee Discipline/Dismissal/Release/Complaint – Three (3) Cases Info
4.10 Public Employee Performance Evaluation. Title: Interim General Counsel 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 Report Out of Closed Session Info

8.0 Student Representatives
8.1 Student representatives will report on activities at their schools. Info

9.0 Board Member Reports
9.1 Board Reports Info

10.0 Superintendent’s Report
10.1 Superintendent’s Report Info

11.0 Consent Agenda Action
11.1 (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
11.2 (Item #2) Recommended Action for Certificated Personnel Action
11.3 (Item #3) Request to increase Full Time Equivalent (FTE) for the 2013-2014 school year Action
11.4 (Item #4) Recommended Action for Classified Personnel Action
11.5 (Item #5) Internship Agreement between Brandman University and Mt. Diablo Unified School District Action
11.6 (Item #6) Approve contract/purchase order with Marie Wyman, SLP for Speech and Language services for the 2013-14 School Year Action
11.7 (Item #7) Approval of Non-Public School Contracts/Adjustments Action
11.8 (Item #8) Approve Independent Services Contract with Sacramento Childrens Home Action
11.9 (Item #9) Approval of independent contract with Carol Teltschick-Fall for $55,000 as S3 Grant Coordinator for College Park High School. Action
11.10 (Item #10) Fiscal Transactions for the month of October 2013. Action
11.11 (Item #11) Williams Quarterly Summary Report Action
11.12 (Item #12) Approve submission of the Tobacco Use Prevention Education (TUPE) grant to support secondary schools. Action
11.13 (Item #13) Increase to Independent Services Contract with AA Medtrans Action
11.14 (Item #14) Disposal of District Surplus Vehicles Action
11.15 (Item #15) Request contract approval for design services Action
11.16 (Item #16) Final Change Order to LLB #1617 – S-Wing Modernization at Mt. Diablo High School (XL Construction, Inc.) Action
11.17 (Item #17) Final Change Order for LLB #1593 – Window Replacement at College Park High School Action
11.18 (Item #18) Award of Contract with McGrath Corporation dba Mobile Modular Management Corporation for the Lease of Interim Housing Units Necessary for Projects Being Implemented through the 2010 Measure C Facility Improvement Program Action
11.19 (Item #19) Notice of Completion for Lease/Leaseback #1617: Science Wing Renovation at MDHS Action
11.20 (Item #20) Notice of Completion for L/LB #1593: Window Replacement at College Park High School Action
11.21 (Item #21) Contract Amendment: LSA Associates, Inc.: Provision of Requisite Environmental Consulting Services Related to the Revised Stadium Lighting Improvement Project at Ygnacio Valley High School Action

12.0 Consent Items Pulled for Discussion
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 Reports/Information

15.1 Annual Report on Schools Identified in the Williams Settlement for Fiscal Year 2013-14 Info

15.2 Appointment of Principal, Elementary School Info

16.0 Business/Action Items

16.1 Appointment of Principal, Elementary School Action

16.2 Appointment of Program Specialist, Categorical Programs, Site Based – Rio Vista Elementary Action

16.3 Appointment of Program Specialist, Categorical Program, Site Based at Bel Air Elementary Action

16.4 Public Hearing Regarding the Final Initial Study/Mitigated Negative Declaration for the Northgate High School Aquatic Center Action

16.5 Adoption of Resolution Accepting Final Initial
Study/Mitigated Negative Declaration for the Northgate High School Aquatic Center Action

16.6 Approval of Northgate High School Aquatic Center Project Action

16.7 Request to Approve Tentative Agreement between Public Employees Union Local 1 (CST) and the Mt. Diablo Unified School District (MDUSD) Action

16.8 Chabot-Las Positas Community College District contract with Mt. Diablo Adult Education and related MOU’s with Pittsburg, West Contra Costa, and Liberty Adult Education. Action

16.9 Pearson Vue contract and agreements for GED testing. Action

16.10 Firedoll Foundation Grant Action

16.11 Adult Education Board Policy and Administrative Regulations 6200 Action

16.12 18.10 New and Revised Technology Policies – BP 3513, BP/AR 4040, BP 6162.7 Action

16.13 Adoption of Textbook for Sports Medicine II – Principles of Athletic Training: A Competency-Based Approach, Prentice, 15th Edition Action

16.14 Resolution 13/14-23 regarding accounting of development fees for the 2012-2013 fiscal year in the Capital Facilities Fund pursuant to Government Code Sections 66001(d) & 66006(b) Action

16.15 Adoption of Resolution of Dedication of Easement at Shore Acres Elementary School Action

16.16 RFQ/RFP 1627 – Award of Lease-Leaseback Agreement to Taber Construction, Inc. District wide security improvements. Action

16.17 RFQ/RFP 1631 Approval of Preliminary Services Agreement with Meehleis Modular Buildings, Inc. for the Coordination, Constructability Review, Value Engineering and Recommendations related to Building a new Modular Gymnasium at Concord High School. Action

16.18 Award of Independent Services Contract to Enviro-S.T.A.R. for Pre-Construction Hazardous Materials Survey and Specification Preparation for Heating, Ventilating and Air Conditioning Renovations for Group III sites (El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES) Action

16.19 Meeting Extension Action

17.0 Future Agenda Items
17.1 Future Agenda Items Info

18.0 Closed Session
18.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
19.0 Adjournment
19.1 Adjourn Meeting”

Please note that I will be covering the Contra Costa County Board of Education meeting vote on the controversial Summit Charter School proposed in El Cerrito and will arrive to the MDUSD meeting late.

What items are most interesting to you?

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164 Responses to “MDUSD board to meet tonight to appoint an elementary principal, vote on Northgate aquatic center”

  1. Doctor J Says:

    MDUSD method: “Only a small group of parents are offered the opportunity to participate in school decision-making, while most are excluded.” Exactly what the EdSource survey found statewide. Administrators don’t want parents interfering with administrators decisions.

  2. g. de la verdad Says:

    And if you aren’t already part of the dozen or so in the hand-picked Clique that sits on and rotates through every district committee, you’d better be a very strong personality with a very thick hide. Otherwise, that bunch is going to make you feel like an ignorant, ugly stepsister.

  3. Doctor J Says:

    How about the continued bus transportation issues that seem to linger like a bad cough. Hey, parents, its December, and they haven’t got the bus routes fixed yet ?

  4. Doctor J Says:

    Virtually no parent input in how individual school funds are spent — several new electronic Marquees have sprouted at a cost of around $7500 each — money that could have gone to the classroom. Parents want money spent on substance not spritz.

  5. tmharrington Says:

    Here’s my brief on the survey:

    As I recently mentioned, the most recent report I have heard about LCFF in MDUSD was a board report from Trustee Linda Mayo informing everyone else about the SBE timeline. Although the district has started getting information out to parents about Common Core, it seems to still be keeping plans for soliciting LCFF parent input under wraps.

    The EdSource survey also found that low-income parents are far less likely to participate in school and district committees than high-income parents, so deliberate efforts need to be made to involve low-income parents in LCFF decisions.

  6. tmharrington Says:

    Here’s my story on bullying in WCCUSD:

    That district wants to become a leader in addressing bullying and its root causes. Already, the WCCUSD board president said, WCCUSD is the only district in the county that has site-based health centers, where counselors can help deal with students’ emotional and physical issues, including emotional trauma.

  7. tmharrington Says:

    College Park HS will host a presentation on TEENS & SUBSTANCE ABUSE – HOW ALL TEENS ARE AFFECTED, Tues, Dec 10 at 7:30 pm, in the CP Library:

  8. Doctor J Says:

    Extra: Sandy Bruketta suddenly retires as principal of Hidden Valley. This afternoon a job posting for Hidden Valley Principal was made public. In her monthly newsletter, she says she submitted her retirement papers on November 25 and her last day will be Dec 20. Sandy said: “The district will mostly likely assign an experienced retired principal to take the lead until a permanent replacement can be found. I apologize for this short notice, but I feel this is something I must do now for myself and my family.”

  9. g. de la verdad Says:

    Nearly halfway thru the school year, it is shocking the number of teacher openings listed with Dec. file dates.
    Why does MDUSD have so many openings mid-year?
    No regional LEA is even proportionally close in teacher shortages.

  10. Doctor J Says:

    Why is it so hard to fill principalships in MDUSD ? Sudden retirements mid year ? And the rumor mill is that more Elementary principals are “fed up” with Rose and her paper pushing SASS. No VP’s. Think about the burn out by principals like Sandy with over 750 students, and other elementary schools with enrollment in the 300’s like Fair Oaks and Silverwood. There are a half dozen in the low 400’s. But don’t forget Rose has time to “escort” Trustees Linda Mayo and Lynne Dennler around campuses several times a month — that has to be the most expensive escort service in CoCoCounty. Really Rose, I think they know their way around.

  11. tmharrington Says:

    Here’s Bruketta’s message to the school community:

    She says there are 784 students at the school.

  12. tmharrington Says:

    Has SASS recently updated its website? It looks pretty snazzy:

  13. tmharrington Says:

    It looks like MDUSD has finally decided to seek teacher input into Common Core implementation and spending:

    Meanwhile, WCCUSD and many other districts have already got their spending plans developed. WCCUSD has already entered into an agreement with its teachers’ union about the spending plan, which is explained on Page 3 of the WCCUSD Common Core “Monthly Reporter”:

    Is SASS similarly letting people in the district know what is going on with Common Core?

  14. Doctor J Says:

    Theresa, that chart has been up there for several months.

  15. Doctor J Says:

    MDEA demanded it as required by law — MDUSD was forced to acquiesce to the legal requirements. As a counter measure, MDUSD is now surveying administrators as to where they think the common core money should be spent.

  16. g. de la verdad Says:

    3:30pm = overtime pay for a handful of MDEA members – versus – input from working and low income parents, and students spread across the district…. Cool!

  17. g. de la verdad Says:

    SASS is too busy trying to figure out where to put the desks for all the new desk jockeys.

  18. Doctor J Says:

    Don’t forget the most prolific “double dipper” in MDUSD history — Doris Avalos — who will max out her days she is allowed to work under retirement for the 3rd or is it the fourth year in a row ?

  19. Doctor J Says:

    SASS continues to expand its bureaucracy: a new monthly newletter called Academic Press. You can feel warm and fuzzy that after the SASS ridiculously contradictory presentations to parents on Common Core, that “six of the SASS department staff receiving CCSS training certification:
    Christine Richardson-ELA
    Chris Holloran-ELA
    Aurelia Buscemi-ELA
    Sasha Robinson-ELA
    Marie Schimer-Math
    Brianne Whiteside-Math”.

  20. tmharrington Says:

    OK, thanks!

    The latest MDEA memo says some teachers and students may now be enduring COLD classrooms, with one allegedly 41-degrees:

    Yet, HVAC is a Measure C priority.

  21. tmharrington Says:

    Speaking of Measure C and district maintenance, I have heard a rumor that two portable buildings have been illegally dumped on the old Glenbrook MS site and that the district may have to pay to remove them.

  22. g. de la verdad Says:

    Well Thank Goodness Lisa Boje knows it all and doesn’t need more in-depth training herself. That wasn’t the impression I got from the presentation she and buttinski Holloran gave to parents.

  23. Doctor J Says:

    When is the district going to publicly disclose the TOTAL financial effect of its proposal to MDEA as required by AB 1200 ? From FCMAT: AB 1200: “Legislation passed in 1991 that defined a system of fiscal accountability for school districts and county offices of education to prevent bankruptcy. The law requires districts to do multiyear financial projections; identify sources of funding for substantial cost increases, such as employee raises; and make public the cost implications of such increases before approving employee contracts. County offices review district budgets, and the state reviews countywide school districts. “

  24. tmharrington Says:

    Once again, the Pleasant Hill Ed. Commission will meet on the same night as the MDUSD board to discuss MDUSD and its city ed initiative:

  25. g. de la verdad Says:

    Rather than direct teachers to “ask the office manager for an Adverse Working Condition Form (PER 01 056 10/98)” I would suggest Moore advise them to just copy and use Attachment G from their contract and attach it to their email documentation.

  26. tmharrington Says:

    Here’s a new blog post about Computer Science Education Week starting Dec. 9:P

  27. Doctor J Says:

    Creation of the MDUSD Gestapo is back on the Agenda for Dec 11, item 18.14. Did you know that making a “biased” or “derogatory” or “disparaging” comment about an administrator is “is prohibited and will subject an employee to discipline.” I guess none of these alleged ‘educators’ have heard of the First Amendment or NY Times v. Sullivan: Julie Braun-Martin, Deb Cooksey, Lois Peterson, Felicia Stuckey-Smith, Ann Tirrell, Lorie O’Brien, Joe Estrada and Joshua Wittman. Shame on you.

  28. Doctor J Says:

    Interesting that appointment of a General Counsel [Agenda 18.1] has no financial effect [really?], that apparently the General Counsel’s position will report to the Superintendent rather than the Board [contrary to the Grand Jury report of several years ago], and that there has been no prior public discussion, nor agenda items on the closed session to discuss filling of General Counsel position, nor has there been any job postings for the position of General Counsel as required by Board Policy 4111 which says: the Superintendent “shall disseminate job announcements to ensure a wide range of candidates.” Why is the district not following proper procedure and board policies ? Secret meetings ? The Agenda item is not even proper since it was only endorsed by one real live person who works for the district — Dr. Nellie. Pssst. Loreen Joseph has not worked for the district in 8 months !

  29. Doctor J Says:

    Expenditures Nov 2013: $549,735 & $549,735 [Total $1,099,470.] for “Deductible Liability Loss” to Caspar, Meadows & Swartz on Nov 26 [there appear to be two payments in the same amount on the same day: warrant #AP987361 (Acct: 000-2616-53-5868 and AP#987151 (Acct: 000-2616-53-5868). What case or cases are these ? $250,265.00 for “Deductible Liability Loss” to New York Life Insurance Co on Nov 26 — which case is this ? $7,000 for deductible liability loss” to Liberty Mutual Ins. on Nov 26. What case is this ? What is total cost to district to date of Martin case ? Over $30,000 to auditor Christy White on Nov 7 for “water” ? Hey, Bryan, another marshmallow PowerPoint won’t cut it not qualify to meet AB 1200. Let’s get some answers !

  30. g. de la verdad Says:

    I also wondered why Item 18.1 wasn’t an Info only Item. General Counsel is a very strategic position, and Nellie Meyer could not possibly know anyone currently on staff well enough to make a hiring decision without FULL board input and public discourse.

    18.1 appoint General Counsel AND designate senior manager for classified AND appoint employee AND set salary — just how many positions are we talking about in this one Item???

    Are they really suggesting that the General Counsel will be senior manager of classified staff? Nowhere does it say a new GC has been interviewed/selected. Are they talking about Cooksey? If so, surely they jest….

  31. Doctor J Says:

    The Board announced in 2009 that: “The District’s General Counsel now reports directly to the Board, with a dotted-line reporting relationship with the Superintendent.” this was after criticism by the CoCoCounty Grand Jury.,%20response.pdf

  32. Doctor J Says:

    Fensterewald to School Boards: BEWARE ! Your neighboring school districts may be getting more money than you so don’t prematurely spend the money.

  33. tmharrington Says:

    Although the district hasn’t yet posted it, the Measure C BOC agenda has been distributed:

    Dec. 13 quarterly report has also been posted:

  34. tmharrington Says:

    Here’s the link to the Wednesday MDUSD meeting agenda, which also includes more lease-leaseback agreements:

  35. tmharrington Says:

    Kudos to Ygnacio Valley HS for keeping its community informed about school happenings through its own blog:

    Interestingly, I noticed that the amended board bylaws say that trustees with children in schools should inform the superintendent before volunteering in their child’s classroom. But, they don’t say anything about informing the superintendent before running for PFC or PTA president!

  36. Doctor J Says:

    Latest Tim Cody shell game: 6 of 7 pages of Alisha Jensen’s $173,000 contract are ‘MISSING’ along with the “Exhibits”. Also there is a claim of “no less than 3” [why not just tell us how many?] proposals received, but they are not compared, evaluated and disclosed to the Board or public. Tim must be related to Buffalo Bill Cody and thinks he can continue to “Buffalo” us. I guess that could give new meaning to the term: BS. Come on Tim, this is really getting old.

  37. g. de la verdad Says:

    Speaking of MDUSD games. Has the district begun to “settle” on the Andrew Martin case lawsuits? One Doe suit seems to have been “Dismissed, with Prejudice.” Or, in other words — Settled?

    Maybe they should look at the story in the Times today — a PRA precident setter if I ever saw one.

  38. Concerned13 Says:

    Re: MDUSD and Martin lawsuits – no, no settlements have been reached thus far. One suit was removed, as they were not actual victims.

  39. guest Says:

    Please correct me if I am wrong, but I do not believe the “lawsuit” has been filed yet by Stan Casper on behalf of the (13?) alleged victims. The Times article used the word lawsuit, but that was incorrect because Casper has only filed a government tort claim with MDUSD under Government Code section 910, which is legal requirement before filing a “lawsuit” against the District (or any public entity). Has anyone found out if the tort claim has been rejected yet by the District, which will allow the lawsuit to be filed? The lawsuit, when filed, will likely take months if not years and involve a lot of civil discovery.

  40. Steve Says:

    Theresa, Surely you are not suggesting that a board member would serve as an officer on a school’s site council, PFC, or PTA board! That would be a classic conflict of interest;one that would require the offending board member to resign from the board immediately or disassociate herself from the school posts. But no one is that stupid!

  41. Doctor J Says:

    Does the district have to pay a separate $549,735 “Deductible Liability Loss” for each of Martin’s victims just to “defend” the case — not including settlement costs? If so, costs to the district just to defend, would be around $7,000,000. Wasn’t Guy Moore counting on that money to fund the teacher’s raises ?

  42. Concerned13 Says:

    Casper only represents a few of the victims; there are at least two other attorneys involved. You are correct, the Notice of Claims were filed – and, yes, they were rejected. Lawsuits are soon to follow.

  43. tmharrington Says:

    Steve, It is my understanding that former Board President Sherry Whitmarsh was president of the Ygnacio Valley HS PTA while she served on the board. She was also a strong advocate for the stadium project. When I mentioned this to new Supt. Nellie Meyer, she was surprised and said there could definitely be an appearance of a conflict of interest in such an instance. So, I’m surprised the new policy doesn’t even mention this possibility.

    On another note, I see the board has scheduled a special closed session to deal with Dan Reynolds’ complaints:

  44. g. de la verdad Says:

    This is exactly why I tried to get a conversation going about maybe “settlement” being reached on some case(s). That’s a bucket of dough to pay to the opposing attorney before something even goes to trial. In addition to the amounts you listed above, there are a couple more (pg 20) made out to individuals (attorneys?) adding another $6grand of deductable liability loss.
    Concerned 13, were you aware that the attorney’s received these amounts weeks ago?

  45. guest Says:

    Unless….she’s hiring someone she already knows…and General Counsel is not a position requiring public discourse.

  46. guest Says:

    See above; Casper Meadows and Schwartz represents several of the families of the alleged Martin victims.

  47. g. de la verdad Says:

    I disagree. If a new GC is to be appointed — and given a contract similar to the last GC and the Asst. Supts, etc, that person should be named in the agenda, and the contract should be presented in the agenda for public disclosure and discussion.

  48. guest Says:

    I doubt you will see public discussion about the appointment; and I doubt it is Cooksey.

  49. Concerned13 Says:

    These expenditures were NOT related to the Martin case. I know that the Casper, Meadow and Schwartz represented another case against the MDUSD…. I believe it was some type of pool accident. Perhaps these were related to that?

  50. Doctor J Says:

    A late addition to the Closed Session is a discussion of negotiations with the new general counsel.

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