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Closed session item related to employee discipline, dismissal or release at Wednesday’s Clayton Valley Charter HS meeting raises concerns

The Clayton Valley Charter High School governing board will meet Wednesday to vote on 6 percent raises for staff and a proposal to increase school capacity in the fall.

The board will also hold a public hearing regarding its state-required Local Control Accountability Plan, which is expected to show how the campus will spend its money to meet school goals.

But a closed session agenda item related to employee discipline, dismissal or release is also creating buzz in the community. Some, including Clayton Councilman David Shuey, believe the item could be related to complaints by teachers about the school’s Executive Director David Linzey and/or other employees.

Shuey, who is not on the school board, said he has no direct knowledge about the planned closed session.

“But I am very well aware of complaints made by the staff against the executive director and I’m also aware of discussion surrounding all of that and what to do,” he said.

The public may comment before the closed session at 5 p.m. in the school’s multiuse room, 1101 Alberta Way in Concord.

“It’s my understanding that there will be people from both sides ready to speak at that time if allowed by the board,” Shuey said. “And if not, people will speak during public comment at 6 o’clock.”

The regular meeting is at 6 p.m. in the same location. The board expects to report out any action taken during closed session, before accepting public comments on its regular agenda.

“Regrettably, I do believe that it will be a somewhat contentious meeting,” Shuey said. “But I am hopeful that the public is respectful and lets the board make its decision after careful consideration.”

Here is the complete agenda:

CLAYTON VALLEY CHARTER HIGH SCHOOL
GOVERNING BOARD MEETING
Wednesday, May 21st, 2014 5:00 PM CVCHS Multi-use Room
1101 Alberta Way, Concord, CA 94521

Meeting agendas and minutes available at:
claytonvalley.org

BOARD MEETINGS ARE SCHEDULED FOR THE 2ND WEDNESDAY OF THE MONTH

In compliance with the Americans with Disabilities Act (ADA) and upon request, Clayton Valley Charter High School may furnish reasonable auxiliary aids and services to qualified individuals with disabilities. Individuals who require appropriate alternative modification of the agenda in order to participate in Board meetings are invited to contact the Executive Director’s office.

1.0 OPEN SESSION (5:00 PM)

1.1 Call to Order, Roll Call, Establishment of Quorum
1.2 Board Chair Announcement Regarding Closed Session Items
1.3 Board Member Recusals From Participation in Closed Session Items, If Any.
1.4 Public Comment, If Any, on Any Closed Session Items: See applicable rules for public comment below.

2.0 CLOSED SESSION (5:05 PM)

2.1 Conference with Labor Negotiators
Agency Designated Representatives: Dave Linzey, Executive Director
Jim Young, Legal Counsel
Employee Organizations: CVEA, CSEA

2.2 Public Employment
2.2.1 Certificated
2.2.2 Classified
2.3 Public Employee: Discipline/Dismissal/Release
2.4 Conference with Legal Counsel: Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: One Case

RECONVENE TO OPEN SESSION (6:00 PM)

2.5 Pledge of Allegiance
2.6 Report on action taken in Closed Session

3.0 ORAL COMMUNICATIONS
If you would like to participate in oral communication with the Governing Board, please complete a speaker card and submit it to the Vice President. Public comment for items of interest to the public and within the scope of the CVCHS Governing Board (non-agenda) shall be no longer than two (2) minutes. Speakers may not yield there time. In accordance with the Brown Act, no discussion or action may occur at this time but it is the Board’s prerogative to respond or give direction to staff.

NOTE: Public comment for agenda items shall be no longer than three (3) minutes and will be heard at that point in the meeting. Speakers may not yield their time.

4.0 CONSENT AGENDA
NOTE: 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.

4.1 Consider approval of meeting minutes from 4/9/2013 regular meeting and 5/1/14 special meeting.

5.0 ITEMS SCHEDULED FOR ACTION

5.1 Consider final Board approval/ratification of initial collective bargaining agreement between CVCHS and CVEA. This would enact a 6%
(retroactive to July 2013) salary increase for all CVCHS employee
contracts.
5.2 Consider adopting updated complaint procedures as recommended by
legal counsel.
5.3 Consider increasing school capacity beginning in the 2014-15 school year.

6.0 EXECUTIVE DIRECTOR REPORT

7.0 CHIEF FINANCIAL OFFICER REPORT

7.1 CVCHS financial report for March 2014 (financial reports will be made at the regular board meetings one month in arrears in order to give ample time for the site fiscal manager and the accountants at CSMC to reconcile and prepare financial reports).

8.0 STANDING COMMITTEE REPORTS
8.1 Curriculum and Instruction
8.2 Operations
8.3 Student Services

9.0 ITEMS SHEDULED FOR INFORMATION

9.1 Public Hearing – Local Control Accountability Plan (LCAP) presentation to be made by the CVCHS administration.

10.0 BOARD ANNOUNCEMENTS
NOTE: From time to time, the board has topics of interest that they would like to share with the community. These are informational in nature and do not require action.

11.0 ADJOURNMENT

Next Board Meeting: Wednesday, June 11, 2014, 6:00PM, CVCHS Library”

Here is a link to the agenda packet: http://www.claytonvalley.org/ourpages/board/meetings/—2014/05_May/Board%20Packet%205_21_14.pdf

Do you believe the board should take any action related to Executive Director David Linzey?

Posted on Tuesday, May 20th, 2014
Under: Clayton, Clayton Valley Charter High, Concord, Education | 7 Comments »

Second time a charm for MDUSD charter waiver?

Once again, several representatives of the Mt. Diablo school district plan to trek up to Sacramento tomorrow, hoping to persuade the state Board of Education to approve their request to waive the financial impact of Clayton Valley Charter High on the district.

“I am going to the SBE meeting tomorrow and plan on addressing the SBE,” Superintendent Steven Lawrence wrote in an email. “It is important to the district because of the drastic cuts the state has made to our budget and the limited amount of funding provide(d) to educate the children of California. Any further loss of funds will negatively impact the educational opportunities for students in the district.”

District board President Sherry Whitmarsh said she doesn’t intend to go to the meeting because she believes the state board would be more likely to listen to parents than to district officials. Several district parents will attend, she said.

If the board denies the waiver, the district will have to shell out about $1.7 million more to the charter than it will receive from the state for the charter’s students. This is because the high school rate of funding is about $978 more per student than the unified school district rate.

The state Department of Education recommends denying the waiver because it would increase state costs and could set a precedent that would lead other districts to seek waivers. In addition, the board may not have the authority to grant the waiver, since school funding is granted by the Legislature.

Assemblywoman Susan Bonilla, D-Concord, has proposed AB 1811 to try to help remedy the financial impact of charter conversion high schools on unified school districts.

But in looking more closely at her amended bill, which is in the Senate, it appears it would not apply to Clayton Valley Charter High.

Subdivision B of her proposed bill states:

“This subdivision shall not apply to a charter school that is
established through the conversion of an existing public high school
within a unified school district on or after January 1, 2010, but on
or before December 31, 2012, which instead shall receive
general-purpose funding pursuant to Section 47633. This paragraph
does not preclude a charter school or unified school district from
agreeing to an alternative funding formula, including the formula
specified in Section 47633.”

Section 47633 is the existing law, which would require the district to pay the charter high school rate. So, it appears that the bill is intended to remedy any future disparities that could arise if more high schools convert to charters in unified districts.

Here is the link to the state Department of Education agenda: http://www.cde.ca.gov/be/ag/ag/yr12/agenda201207.asp

The district’s waiver request is Item W-25.

You can watch the action unfold online at: http://www.cde.ca.gov/be/

Do you think the state Board of Education should approve the district’s waiver request?

Posted on Tuesday, July 17th, 2012
Under: Clayton Valley Charter High, Education, Mt. Diablo school district | 100 Comments »