BOARD OF EDUCATION SANTA BARBARA ELEMENTARY AND HIGH SCHOOL DISTRICTS REGULAR MEETING October 11, 2000

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1 BOARD OF EDUCATION SANTA BARBARA ELEMENTARY AND HIGH SCHOOL DISTRICTS REGULAR MEETING October 11, 2000 CALL TO ORDER/CLOSED SESSION The Santa Barbara Elementary and High School Districts' Board of Education met today in the Board Room of the Santa Barbara School Districts' Administration Center, 720 Santa Barbara Street, Santa Barbara, California. Steve Forsell called the meeting to order at 6:00 p.m., and adjourned to Closed Session. The public session was called to order at 7:00 p.m. Ruth Green, member of the audience, led the Pledge of Allegiance. Members Present: Staff Present: Steve Forsell, President Claire VanBlaricum, Vice-President Robert Noël, Member Robert Pohl, Member Fred Rifkin, Member Bianca Buckelew and Beatrice Bellamy Nunez, Student Board Representatives Deborah Flores Ph.D., Superintendent Robert Gonzalez, Director of Facilities and Operations Charleen Kirkman, Controller Julie Medina, Secretary to the Superintendent CLOSED SESSION The President announced that the Board had met on the following in Closed Session: PUBLIC EMPLOYMENT (Government Code 54957) Personnel matters, to include: Public Employee Discipline/Dismissal/Release. COLLECTIVE BARGAINING (Government Code ) Negotiations with the Santa Barbara Teachers Association. REAL PROPERTY NEGOTIATIONS (Government Code ) The Board met in Closed Session with District legal counsel, Ed Moore, to discuss the Washington School parking lot. EXISTING LITIGATION (Government Code (a) -- Conference with Legal Counsel -- Existing Litigation: Emily Rose Smith v. Santa Barbara School District, et al. -- Case Nos. SN and EXISTING LITIGATION (Government Code (a) -- Conference with Legal Counsel -- Existing Litigation: Libertarian Party v. Santa Barbara School District, et. al. STUDENT DISCIPLINE (Education Code and Government Code 54962) Expulsion Case No. 00/ The Board must consider matters of student discipline in Closed Session unless the parent or student requests an Open Session. MOTION: That the Board of Education give direction to legal counsel to negotiate with the owner of the adjacent property regarding an easement agreement along Washington School parking lot. MOTION: That the Board of Education give direction to legal counsel concerning litigation as listed above. Page 1 - Minutes - October 11, 2000, Regular Meeting

2 APPROVAL OF MINUTES MOTION: To approve the Minutes of September 27, 2000 (Regular Meeting). Moved: Robert Noël Seconded: Claire VanBlaricum Vote: Passed Unanimously RECEIPT OF GIFTS MOTION: To receive with appreciation the donation to the Santa Barbara Elementary School District and Santa Barbara High School District from The Bixby Ranch and Jim Harvey. SUPERINTENDENT S REPORT Deborah Flores reported that the API results have been released and that the elementary schools met or exceeded their target. Christopher Web, Santa Barbara High School student, was recognized for his 1,000 hours of community service. Deborah Flores introduced Marlyn Nicolas, Harding principal, who in turn introduced and recognized the Harding staff for completing training that certified them as Level I Technology Proficient. Staff members present at the meeting were: Madaline Amsden, Eleanor Barstow, Loy Beardsmore, Karyn D'Alfonso, Celeste Darga, Susie Kircos, Jennifer Lindsay, Dianne Payne, Janette Peinado, Dawn Penkala, Molly Presser, Carol Schwyzer, and Pamela Steele. STUDENT BOARD MEMBER REPORT Bianca Buckelew and Beatrice Bellamy-Nunez, Santa Barbara High School ASB co-presidents, reported on current events at the three high schools. CORRESPONDENCE PUBLIC COMMENTS APPROVAL OF CONSENT AGENDA Items B.6 and B.9 were removed from the consent agenda for discussion. MOTION: To approve the Consent Agenda, as amended: B.1 Recommended Personnel Actions B.2 Purchase Orders B.3 Warrants B.4 Declaration of Miscellaneous Equipment as Surplus to the Needs of the Districts B.5 Approval of Change Order 17, Roosevelt Elementary School Reconstruction B.7 Rejection of Bid, Relocatable Installation and Site Work, Cleveland School B.8 Award of Contract, Landscape Maintenance, La Colina Sports Field Moved: Robert Pohl Seconded: Claire VanBlaricum Vote: Passed Unanimously B.6 ACCEPTANCE OF COMPLETED CONTRACT, ALL PHASES, ROOSEVELT ELEMENTARY SCHOOL Fred Rifkin asked what the balance was for the Roosevelt project and requested that a discussion item be placed on a future agenda. Page 2 - Minutes - October 11, 2000, Regular Meeting

3 MOTION: That the Board of Education accept the completed contract in the amount of $7,622,292 for the Roosevelt Elementary School Reconstruction. Moved: Fred Rifkin Seconded: Robert Pohl Vote: Passed Unanimously B.9 SANTA BARBARA YOUTH PERFORMING ARTS CENTER, JOINT USE AGREEMENT Sarah Griffin voiced two concerns regarding the agreement -- who takes care of the curtains and how will they determine if a script is inappropriate. Board discussion followed. MOTION: That the Board of Education approve the Santa Barbara Youth Performing Arts Center Joint Use Agreement, with the inclusion of appropriate language provided by the District's attorney regarding mutual responsibilities for insurance and utilities. Moved: Fred Rifkin Seconded: Robert Pohl Vote: Passed Unanimously C.1 BOARD POLICY 1325, ADVERTISING AND PROMOTIONAL MATERIALS Deborah Flores reported that this item has been discussed at the last two Board Meetings. The impetus for this discussion was the U.S. Supreme Court decision regarding the Boy Scouts. At the first Board Meeting, Board Members asked that questions be forwarded to the District's legal counsel and a response was received. Additionally, a legal opinion was received by the ACLU. At the last Board Meeting, Board Members asked that additional questions be forwarded to legal counsel. The Board Policy has been modified taking into account comments made at the last two meetings and legal counsel's recommendation. Janet Stanley, Pacific Pride Foundation Executive Director, voiced concern that by allowing the dissemination of materials by the Boy Scouts it goes in direct opposition against the Safety for All Students Act (that went into effect January 1, 2000), the Education Code, the Penal Code, and the District's non-discrimination policy. Julie McGovern, Girls Scouts Tres Condados, clarified for the Board that they are a different organization than the Boy Scouts. Girls Scouts has a consistent policy of "non discrimination." She urged the Board to continue to partner with the Girls Scouts and allowing them to continue to distribute flyers through the schools. Len Lanzi, Boy Scouts Executive Director, reported that he was at the meeting to serve as a resource, if needed. Neil Coffman-Grey reminded the Board why they should not distribute materials by the anti-gay Boy Scouts of America. Keith Coffman-Grey wanted to make sure that groups which do discriminate are not allowed to distribute materials in our schools. In regards to Policy 1330, Use of School Facilities, he brought to the attention of the Board that sexual orientation was not listed in the policy under section 2. Douglas Scott, regarding distribution of flyers, suggested that a disclaimer be placed on flyers saying that distribution of this flyer does not convey a endorsement expressed or implied by the school district. Regarding after school use of school facilities, all groups must be treated equally and if a fee is charged that it be nominal. Board discussion followed. It was agreed that a subcommittee of the Board (Claire VanBlaricum and Robert Noel) together with a principal from an elementary school, junior high school, and senior high school and two representatives from the PTA will meet with interested parties to review the current policy and come back with a recommendation. In the meantime, the moratorium on flyers will remain in force. Page 3 - Minutes - October 11, 2000, Regular Meeting

4 C.2 BOARD POLICY 1330, COMMUNITY RELATIONS: USE OF SCHOOL FACILITIES Deborah Flores reported that this is the first time that the Board has discussed the Use of School Facilities policy. This policy is based on the 1964 Civic Center Act and has not been revised since Until the Board makes changes to this policy, the current policy is being followed. She stated that there is a federal law that requires the District to make facilities available to anyone who wishes to use them. Board discussion followed. C.3 RECOMMENDATION TO WAIVE DISTRICT-ADMINISTERED PROFICIENCY EXAM FOR ELEMENTARY SCHOOL SITES Elaine Alvarado, Classified Personnel Coordinator, was present to answer Board questions. Board discussion followed. MOTION: That the Board of Education authorize the waiver of the Proficiency Exam in the Elementary District for the school year. C.4 REQUIRED PUBLIC HEARING OF CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION'S INITIAL PROPOSAL FOR NEGOTIATIONS In accordance with collective bargaining laws, the Districts are required to receive an initial proposal at a public meeting and subsequently conduct a public hearing on the initial proposal. The Board received the initial proposal at the September 27, 2000, Regular Board Meeting. At this meeting, a public hearing was conducted to provide members of the public an opportunity to comment on the initial proposal. There was do one present wishing to address this item. C.5 I-98 AND MEASURE V UPDATES AND FINANCIAL REPORT Deborah Flores reviewed projects that have been completed to date through I-98 funds. Architects Joe Wilcox (Kruger-Bensen-Ziemer Architects) and Mark Phillips (Phillips Metsch Sweeney Moore Architects) gave an update on the sites they are responsible for (Monroe, Peabody, Adams and Washington, Franklin, Cleveland, respectively). Charleen Kirkman, Controller, gave an update on the overall budget. C.6 SUPERINTENDENT'S EVALUATION -- FORMAT This item was placed on the agenda at the request of Board Member Claire VanBlaricum. Ms. VanBlaricum stated that the Board had set a November 30 date to have an evaluation format for the superintendent in place. She submitted samples from the California School Boards Association and the Goleta Union School District. Board discussion followed. Claire VanBlaricum volunteered to review the sample documents and come back with a draft for the next Board Meeting. C APPLICATION FOR FEDERAL CARL D. PERKINS III, VOCATIONAL AND APPLIED TECHNOLOGY GRANT (FIRST READING) Deborah Flores reported that this item is presented to the Board annually. This item will be on the next Board Agenda for second reading/approval. D.1 ADDITIONAL FUNDRAISING ACTIVITIES FOR THE SCHOOL YEAR Deborah Flores reported that Education Code Section requires that the Board approve all fundraising activities by schools prior to fundraising events. La Cuesta Continuation High School is submitting additional fundraising activities for the Board's approval. Page 4 - Minutes - October 11, 2000, Regular Meeting

5 MOTION: That the Board approve the additional fundraising activities for La Cuesta Continuation High School for D.2 FIELD TRIP -- SBHS/OREGON SHAKESPEARE FESTIVAL MOTION: That the Board of Education approve Santa Barbara High School's field trip request to attend the annual Oregon Shakespeare Festival in Ashland, Oregon. D.3 OUT-OF-STATE TRAVEL AND EXPENSES IN EXCESS OF $500 MOTION: That the Board approve the out-of-state travel and/or expenses in excess of $500 for Dave McEachen, Santa Barbara High School teacher. Moved: Fred Rifkin Seconded: Robert Noël Vote: Passed Unanimously D.4 STUDENT EXPULSIONS In Closed Session, the Board discussed student expulsions. In Open Session, the following action was taken: MOTION: Case Number 2000/01-01 (High School District) That the Board uphold the Administrative Hearing Panel s recommendation to suspend enforcement of the expulsion and uphold the recommended rehabilitation plan. Moved: Claire VanBlaricum Seconded: Fred Rifkin Vote: Passed Unanimously E. COMING EVENTS October 18, Special Board Meeting regarding facilities matters F. BOARD COMMENTS G. FUTURE AGENDA ITEMS ADJOURNMENT There being no further business, the Meeting was adjourned at 10:25 p.m. The next Regular Meeting of the Board will be Wednesday, October 25, 2000, at 7:00 p.m. ATTEST: Steve Forsell, President, Board of Education Adopted by Board of Education On, 2000 Page 5 - Minutes - October 11, 2000, Regular Meeting