Part of the Bay Area News Group

Mt. Diablo school board to make appointments, approve accountability plan and budget

By Theresa Harrington
Wednesday, June 25th, 2014 at 7:30 pm in Education, Mt. Diablo school district.

Here is the agenda for tonight’s MDUSD board meeting, which starts at 7:30 p.m. at the district office, 1936 Carlotta Drive in Concord.

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

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 Closed Session Agenda
4.1 (Item #1) Expulsion of Student # 10-14 from all regular schools of Mt. Diablo Unified School District. Action
4.2 (Item #2) Expulsion of Student #11-14 from all regular schools of Mt. Diablo Unified School District. Action
4.3 (Item #3) Expulsion of Student #12-14 from all regular schools of Mt. Diablo Unified School District. Action
4.4 (Item #4) Expulsion of Student #13-14 from all regular schools of Mt. Diablo Unified School District. Action
4.5 (Item #5) Readmission of Student # 24-12 into the Mt. Diablo Unified School District. Action
4.6 (Item #6) Readmission of Student #20-13 into the Mt. Diablo Unified School District. Action
4.7 (Item #7) Readmission of Student #21-13 into the Mt. Diablo Unified School District. Action
4.8 (Item #8) Readmission of Student #2-14 into the Mt. Diablo Unified School District. Action
4.9 (Item #9) Denial of Readmission of Student # C-14 into the Mt. Diablo Unified School District. Action
4.10 (Item #10) Denial of readmission of Student #8-13 into the Mt. Diablo Unified School District. Action
4.11 (Item #11) Denial of Readmission of Student #19-13 into the Mt. Diablo Unified School District. Action
4.12 (Item #12) 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, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
4.13 (Item #13) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
4.14 (Item #14) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does 1-15 v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
4.15 (Item #15) Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 2 cases Info/Action
4.16 (Item #16) Conference with Negotiators; Unrepresented Employees; Diablo Managers Association and others. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
4.17 (Item #17) Superintendent’s Evaluation Info/Action
5.0 Adjourn to Closed Session at 6:00 p.m.
5.1 Adjourn to Closed Session Info

6.0 Reconvene Open Session
6.1 Reconvene Open Session at 7:30 p.m. Info

7.0 Preliminary Business
7.1 Pledge of Allegiance and Roll Call Info

8.0 Report Out Action Taken in Closed Session
8.1 (Item #1) Expulsion of Student # 10-14 from all regular schools of Mt. Diablo Unified School District. Action
8.2 (Item #2) Expulsion of Student #11-14 from all regular schools of Mt. Diablo Unified School District. Action
8.3 (Item #3) Expulsion of Student #12-14 from all regular schools of Mt. Diablo Unified School District. Action
8.4 (Item #4) Expulsion of Student #13-14 from all regular schools of Mt. Diablo Unified School District. Action
8.5 (Item #5) Readmission of Student # 24-12 into the Mt. Diablo Unified School District. Action
8.6 (Item #6) Readmission of Student #20-13 into the Mt. Diablo Unified School District. Action
8.7 (Item #7) Readmission of Student #21-13 into the Mt. Diablo Unified School District. Action
8.8 (Item #8) Readmission of Student #2-14 into the Mt. Diablo Unified School District. Action
8.9 (Item #9) Denial of Readmission of Student # C-14 into the Mt. Diablo Unified School District. Action
8.10 (Item #10) Denial of readmission of Student #8-13 into the Mt. Diablo Unified School District. Action
8.11 (Item #11) Denial of Readmission of Student #19-13 into the Mt. Diablo Unified School District. Action
8.12 (Item #12) 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, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
8.13 (Item #13) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
8.14 (Item #14) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does 1-15 v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
8.15 (Item #15) Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 2 cases Info/Action
8.16 (Item #16) Conference with Negotiators; Unrepresented Employees; Diablo Managers Association and others. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
8.17 (Item #17) Superintendent’s Evaluation Info/Action

9.0 Recognitions and Resolutions
9.1 Recognition of 2014 High School Valedictorians and Salutatorians Info

9.2 Recognition of MDUSD’s District English Learners Advisory Council (DELAC) Info

10.0 Board Member Reports
10.1 Board Member Reports Info
11.0 Superintendent’s Report

11.1 Superintendent’s Report Info

12.0 Reports/Information
12.1 Community Advisory Committee Annual Report Info

12.2 PULLED BY STAFF: Presentation by the Pleasant Hill “Green Team” Info

13.0 Public Employee Appointment
13.1 Appointment of Principal, High School – Concord High School Action
13.2 PULLED BY STAFF: Appointment of Vice Principal, High School – Concord High School Action
13.3 Appointment of Principal, Middle School – Riverview Middle School Action
13.4 PULLED BY STAFF: Appointment of Principal, Middle School – Oak Grove Middle School Action
13.5 Appointment of Director, School Support and Accountability Action
13.6 Appointment of Administrator, Equity & Disproportionality Action
13.7 Revise Job Description for School Support Administrator Action
13.8 Appointment of School Support Administrator Action
13.9 Appointment of School Support Administrator Action
13.10 Appointment of School Support Administrator Action
13.11 Appointment of School Support Administrator Action
13.12 Appointment of School Support Administrator Action
13.13 Appointment of Director, Facilities, Operations and Resource Conservation Action
13.14 Appointment of Interim Manager, Building & Grounds Action
13.15 PULLED BY STAFF: Classified Personnel: Appointment of Occupational Therapist Action
13.16 Classified Personnel: Appointment of Occupational Therapist Action

14.0 Consent Agenda Action
14.1 (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
14.2 (Item #2) Recommended Action for Certificated Personnel Action
14.3 (Item #3) Request to Increase and Decrease Full Time Equivalent (FTE) for the 2014-2015 School Year Action
14.4 (Item #4) Approval of Variable Term Waiver Request Action
14.5 (Item #5) Recommended Action for Classified Personnel Action
14.6 (Item #6) Classified Personnel: Request to Increase/Decrease Full Time Equivalent (FTE) and Change Funding for the 2014-15 School Year Action
14.7 (Item #7) Revision of Administrative Regulation 4317.1 Action
14.8 (Item #8) Fiscal Transactions for the month of May 2014. Action
14.9 (Item #9) Request to Approve Independent Services Contract with Mt. Diablo Unified School District and Solution Tree, Inc. Action
14.10 (Item #10) Approval of School Site Comprehensive School Safety Plans for 2014-15 Action
14.11 (Item #11) Approve Increase to Contract between Mt. Diablo Unified School District (MDUSD) and Paradigm HealthCare Services, Inc. for the 2013-14 Fiscal Year Action
14.12 (Item #12) Increase of Independent Services Contract with Martha Pollock, LCSW at Ygnacio Valley High School. Action
14.13 (Item #13) Approve contract increase to independent service contract with Kristin Obrinsky, Physical Therapist Action
14.14 (Item #14) Adjustments to Non Public Agency Ed Support Services for the 2013-14 school year for services rendered Action
14.15 (Item #15) Approve Master Contract/Purchase Order with Non-Public Agency Ed Support Services for the 2014-15 School Year Action
14.16 (Item #16) Execution of Master Contracts/Purchase Orders for Non-Public Schools for the 2014-15 school year Action
14.17 (Item #17) Approval of Master Contract between Mt. Diablo Unified School District (MDUSD) and Speech Pathology Group for Speech and Language services for the 2014 Extended School Year Program and the 2014-15 school year. Action
14.18 (Item #18) Approve contract between Mt. Diablo Unified School District (MDUSD) and AccentCare Home Care Services, Non Public Agency (NPA), for the 2014-2015 school year Action
14.19 (Item #19) Memorandum of Understanding between Mt. Diablo Unified School District and the Contra Costa County Probation Department Action
14.20 (Item #20) Approve Independent Service Contract between Mt. Diablo CARES After School Program and Bay Area Community Resources (BACR) Action
14.21 (Item #21) Approve Independent Service Contract between Mt. Diablo CARES After School Program and Resource Development Associates (RDA) Action
14.22 (Item #22) Renewal of Independent Service Contract with David H. Costa for Courier Service for Food Services and site pick-up to financial institution. Action
14.23 (Item #23) Resolution #13/14-54 for Authorization to Award Summer Contracts Action
14.24 (Item #24) PULLED BY STAFF: Award of RFQ #1683: Supplemental Student Transportation Services Action
14.25 (Item #25) Food and Nutrition Services Purchase order 2014-2015 Action
14.26 (Item #26) Food and Nutrition Services Purchases 2014-2015 Action
14.27 (Item #27) Revise Environmental Course of Study Action
14.28 (Item #28) Approve 2014-2015 Single Plans for Student Achievement Action
14.29 (Item #29) Approval of Final (deductive) Change Order to Taber Construction, Inc. for LLB #1644 – New Chemistry Classroom Building at Ygnacio Valley High School Action
14.30 (Item #30) Award Design Services Contract to Verde Design, Inc. for Athletic Facility Improvements at Mt. Diablo High School Action
14.31 (Item #31) Notice of Completion for Lease Leaseback #1644: New Chemistry Classroom Building at Ygnacio Valley High School Action
14.32 (Item #32) Increase to Independent Services Contract with AA Medtrans Action
14.33 (Item #33) Request to increase Purchase Order for VeCare Health Services. Action
14.34 (Item #34) Minutes for the Board of Education Special Meeting held on August 21, 2013 Action
14.35 (Item #35) Minutes for the Board of Education Special Meeting held on August 5, 2013 Action
14.36 (Item #36) Minutes for the Board of Education Special Meeting held on July 31, 2013 Action
15.0 Consent Items Pulled for Discussion

16.0 Communications
16.1 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

17.0 Public Comment
17.1 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 presentations 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

18.0 Business/Action Items

18.1 Walnut Creek Sister City International Program Info/Action

18.2 Authorization to proceed with execution of a short-term agreement with YMCA of the Central Bay Area for temporary facilities at the Strandwood site. Info/Action

18.3 Public presentation of an additional proposal to sunshine from Teamsters Local 856. Info

18.4 Opportunity for public response to the additional proposal to sunshine from Teamsters Local 856. Action

18.5 Meeting Extension Action

18.6 Update to the Local Education Plan: Title III Action

18.7 Approve the Submission of the 2014-2015 Consolidated Application for Funding. Action

18.8 Adoption of Mt. Diablo Unified School District’s Local Control Accountability Plan (LCAP) Action

18.9 Public Hearing and Adoption of the 2014-2015 Budget Action

18.10 Public Hearing for Resolution 13/14-42 to Utilize Flexibility of SBX3 4 and SB70 Action

18.11 Resolution 13/14-42 to Utilize Flexibility Authorized by SBX3 4 and SB70 Action

18.12 Application for Vendorization for Mt. Diablo Adult Education, Adults with Disabilities TOPS program to the Regional Center of the East Bay. Action

18.13 PULLED BY STAFF: Request authorization to submit the 2014-2017 Technology Plan to California Department of Education Action

18.14 Addition of Monthly Board Meeting Action

18.15 Second Meeting Extension Action

18.16 Resolution No. 13/14-55 in the matter of employment of retired classified employee Lawrence M. Schoenke. Action

18.17 Legal Services Contract with Latisha McCray, Contract Attorney Action

18.18 Post Retirement Contract for Adult Education Administrator. Action

18.19 Approval of School Counselor Position and Creation of Six School Counselor Positions Info/Action

18.20 Authorize the Superintendent to Make Interim Appointments to Administrative Positions Action

18.21 Independent Services Agreement with Total School Solutions for Consulting Services Action

18.22 Memorandum of Understanding with the City of Concord for the Restoration of School Resource Officers at 3 MDUSD High Schools Action

18.23 Minutes for the Board of Education Special Meeting held on May 27, 2014 Action

18.24 Minutes for the Board of Education Meeting held on May 28, 2014 Action

19.0 Future Agenda Items
19.1 Future Agenda Items Info

20.0 Closed Session
20.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
21.0 Adjournment
21.1 Adjourn Meeting Info
22.0 Reconvene Open Session
22.1 Reconvene Open Session Info”

What items interest you?

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  • tmharrington

    We’re on another break until 3:15 p.m. All witnesses have been pro-Martin this afternoon. Defense attorney is chatting with Sachs, Isserman and another woman who I don’t recognize. It’s possible she’s Jen Cronan.

  • Doctor J

    Should be quite a finish today or carry into tomorrow. I can’t think of another reporter who has more insight into the school personalities than you do ! Can’t wait until your full story tonight ,

  • tmharrington

    No bombshells today. Sachs will return to the stand tomorrow. She read from glowing performance evaluations for Martin. Defense appears to be trying to paint Pate as a gossip who stirred up controversy about Martin. But Pate named several other teachers whom she said were also concerned about Martin. These were: Mrs. MacDonald, Mrs. Nelson (formerly Ms. Sheldon), Mrs. Heindel, Miss Andrews, Mrs. Bergman, Ms. Roe, Mr. Garo, Ms. Wilmouth and Ms. Hutchison. She said Ms. Petricelli had a few altercations with Martin as well. Testimony also appears to show that several boys were considered disruptive in the class, but that Martin had a way of settling them down.

    I believe reporter Matthias Gafni will take over coverage tomorrow, when Cronan and Isserman may also take the stand.

  • tmharrington

    Pate said she wrote the letter in about May of 2006, after a meeting with Sachs and Martin, during which she said Martin vehemently denied allegations against him. Hopefully further testimony will reveal what the district’s reaction was.
    Also, Martin’s attorney made a concerted effort to distance himself from Myers Nave, asking the court to enter into the record that he has always been Martin’s criminal defense lawyer and pointing out that he was not at the Myers Nave meeting.

  • tmharrington
  • Doctor J

    I guess that Cooksey –did I spell that correctly– did not produce or object to that letter in the PRA request. How does she justify that deceptive behavior ?

  • tmharrington

    No, I don’t believe this letter was included in the district’s list of non-privileged documents. I will inform our lawyer about this.

    The prosecution also entered into evidence a section of the 2006 internal investigation that detailed an interview with a school parent about concerns related to Martin.

    The defense entered into evidence a performance evaluation of Martin by Sachs, along with some photos of Pate with Martin and others, and some Valentine’s messages to Martin from his students.

  • Doctor J

    The Pate letter is evidence that Cooksey’s search was inadequate and superficial, or it could mean that certain documents like the Roger Bylund letter of reprimand to Martin just found the circular file. I hope BANG gets the court to appoint a forensic database researcher to search all district emails. So far the district continues to prove it cannot be trusted.