BAKERSFIELD CITY SCHOOL DISTRICT Minutes of the Regular Meeting of the Board of Education, Tuesday, March 22, 2011 Education Center - 1300 Baker Street, Bakersfield, California Regular Session: Members Present: The regular session of the Board of Education was called to order at 5:01 p.m. by President Van Horne. The following members were present: Mrs. Baugher Mr. Gonzales Mr. McDougle Mrs. Tafoya Mr. Van Horne Also present: Mr. Lingo, Superintendent Mr. Capilla, Asst. Supt., Academic Improvement and Accountability Mr. McClain, Chief Business Official Mrs. Goodspeed, Director, Personnel Services Mr. Ranes, Director, Instructional Support Services Mrs. Driskill, Administrative Assistant Hearings: Recessed to Closed Session: 37 Closed Session: >> No one addressed the Board at this time. On motion by Mrs. Baugher, seconded by Mrs. Tafoya, it was ordered by the affirmative vote of the members present to recess to closed session. A closed session was held from 5:05 to 6:15 p.m. for the purpose of the following: Conference with Legal Counsel Existing Litigation, Pursuant to Government Code Section 54956.9(a) Bakersfield Elementary Teachers Association v. BCSD, PERB Case No. LA-CE-5456-E Conference with Legal Counsel Anticipated Litigation, significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one potential case Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957.
Conference with Labor Negotiators, Michael Lingo and Tim Fulenwider, regarding negotiations with employee organizations, pursuant to Government Code Section 3549.1. Discussion of Student Matters (Administrative Hearing Panel recommendations and alternative school placement), pursuant to Education Code Section 48918(c). Reconvened to On motion by Mr. McDougle, seconded by Mrs. Baugher, it was ordered Regular Session: by the affirmative vote of the members present that the Board reconvene 38 to regular session. The regular session of the Board of Education reconvened at 6:30 p.m. Pledge to Flag: The Pledge of Allegiance was led by Justin Alejo, Chipman Junior High School Student and Region 1 Spelling Bee Champion. Approval of On motion by Mrs. Tafoya, seconded by Mr. McDougle, it was ordered by Minutes: the affirmative vote of the members present that the minutes of the special 39 meeting of February 12 and the regular meeting of February 22, 2011, be approved. Hearings: >> Brad Barnes, BETA President, invited the Board to attend an education rally next Tuesday at 4:30 p.m. to raise public awareness of what is going on in our schools in light of the budget cuts. He also addressed the discipline situation in the District and asked the Board to enforce the student discipline code that is already in place. >> Brea Doucette, Franklin parent, noted her concern that students are not being disciplined at her daughters school. >> Manuel Carrizalez of Stay Focused Ministries asked the Board to push through the policy change and allow him to get back into the schools to connect with students and try to make a difference. >> Cathie Ong-Herrera addressed the Board to request that Downtown School be renamed after her sister, Betty Ong, a flight attendant and national hero who remained calm on Fight 11 during the terrorist attack on 9-11. Comments of Board Members and Staff: Mrs. Tafoya -noted that it is important for teachers to be able to do their job and feel safe. She asked the administration to formulate a task force within the district to study the issue of discipline. -recommended that a full Board study session be convened on the District budget. She said there was a recommendation to have a committee, but at 2
this time because it is such a critical issue, she asked that the Board consider a full board study session on the budget. Mr. Gonzales -suggested two ideas for better oversight and transparency: 1. provide the board agenda packet on-line so that the entire packet is accessible to the community, and 2. put the audio files of the board meeting on-line as well. -noted in the vendor payment books that the district spent nearly $1,800 on baked goods and asked the superintendent to look into reducing costs that are not vital. -reported that Chevron announced their continued partnership with donorschoose.org and has committed over $60,000 in funding to support teachers efforts in enhancing the learning environment for students in the areas of science, technology, engineering, and math. Chevron will fund up to $1500 per project for a teacher in Kern County. He asked staff to communicate this information to principals and teachers. -asked that the District work with the residents of Jane Street, a dirt road right next to Pioneer Drive School. The District owns the land to the street, but it is a County access road. Mr. Gonzales said he would like the District to work with the County to figure out a way to give them access to pave this road. He asked the Board President to put Jane Street on the April Board agenda for discussion so that we can work toward a resolution. -reported that an organization out of Los Angeles called Schools on Wheels has indicated a willingness to partner with the BCSD to provide backpacks and school supplies to homeless students in our district. He asked staff to look into this opportunity to provide additional resources to our homeless students. -proposed two additional ideas for staff s consideration: 1. the District undergo a district-wide energy audit so we can take a look at how we spend energy, and 2. the District look at ways that we can include solar panels into the design of our new schools. Superintendent s Report Mr. Lingo said that he has heard everything that has been said this evening and having been a teacher himself, he understands the issues and knows that it is very difficult for everyone in the District as we continue to cope with ever declining revenues. He applauded everyone for the sacrifices they have made to assist the district in meeting the needs of students. 3
Mr. Lingo stated that one of the things he is going to do under his report is feature a school every month to highlight some of the positive things in district schools. He introduced Mr. Jessie Beed, Principal at Fremont School. Mr. Beed gave a presentation on John C. Fremont Magnet School and noted that the goal at Fremont is to provide a well-rounded education. The Fremont staff is committed to the belief that each student should be provided with a quality education starting with good first instruction. He said at Fremont, they address the whole child and reported on the positive things occurring at his school. Mr. Capilla introduced Miguel Rivera, Washington Junior High student, who recently won the College Making it Happen Essay Contest. Miguel read his essay and received a standing ovation. Report No. 1 Financial Summary A District Financial Summary Report for January 31, 2011, was provided for the Board s information. Report No. 2 Steve McClain, Chief Business Official, presented an update on the 2011- Education 2012 State Budget for Education. Budget Update Status of Governor s January Proposal The Legislature has passed all but two of the bills that reflected the Governor s proposals. The bill to eliminate redevelopment agencies and the bill to extend taxes has not yet received two-thirds support of the Legislature. Negotiations continue to get two-thirds support and may involve reforms to pensions, regulations, spending caps, contracting out, tax structures. There remains a small window to place a tax measure on the ballot prior to June 30. What Has Been Approved By the Legislature? Deferral of education funds from the 2011-12 year into the 2012-13 year Categorical flexibility for 2 additional years, and One significant change from the Governor s proposal: State preschool contracts reduced by 15% in total and 10% reduction in reimbursement rate. Preschool revenue loss for BCSD is approximately $370,000. Impact of State Budget on BCSD Without voter approval of tax extensions, it is expected that district revenue will be cut by at least $9 million ($349/student) The District projects deficit spending in 2011-2012 of $7.1 million without any additional cuts. This deficit will be offset by $4.8 million in one-time federal Education Jobs funds in 2011-12 only. The net effect is a $2.3 million deficit. Deficit spending in 2012-13 is projected to swell to $6.1 million. State revenue deferrals to BCSD from 2011-12 to 2012-13 are projected to be $37 million. 4
Deferrals of state funding coupled with projected deficit spending by BCSD will eventually create a cash shortage for the district. Cash will have to be borrowed from other sources. BCSD Plans Continued utilization of state categorical flexibility provisions to replace lost unrestricted state funding through 6/30/15; Continued utilization of K-3 CSR reduced penalty flexibility; and Fully utilize remaining one-time federal ARRA stimulus funds in the current year. The District is spending $5.0 million in ARRA State Fiscal Stabilization Funds and $5.6 million in ARRA Title I Funds this year. Budget Timeline The Governor will revise his budget proposal in May after updated state revenue projections are known. The Board must approve the 2011-12 District budget by June 30. District staff will keep the Board informed as 2011-12 budget development continues. Mr. Gonzales requested that Mr. McClain provide a couple of cash flow scenarios for the Board. Report No. 3 Student Discipline In BCSD Discussion Item #1 District Magnet Programs Dan Brown, Second Vice President of the Bakersfield Elementary Teachers Association, discussed issues relating to student discipline and reported incidents at specific schools where he said students are not being held accountable for their actions. Several District teachers gave personal accounts of how they feel in their classrooms. Discussion followed. The Board concurred that a task force be convened to look into the issues brought forward, but also wanted steps taken immediately at the schools mentioned. Mr. Lingo said all teachers should feel safe at school, and he pledged to fix the problem. Mr. McDougle suggested that a committee also be convened before the end of the year to look at the discipline policy and make certain that it ensures the safety of the staff and the students and that it can be uniformly enforced throughout the District. Superintendent Lingo noted that the Board has received a number of reports on the magnet programs including magnet program budgets, and has spoken with the attorney representing the District in the Consent Decree. He reviewed several options for the Board s consideration. Discussion followed. The Board gave the direction to bring back to the next meeting several items for action: Recommended changes to align with federal law the criteria for enrolling magnet students and determining priority for enrollment; A recommendation to eliminate the one-day GATE pullout program; and A recommendation to eliminate the YRE Program at McKinley and change the magnet program to a traditional school calendar. 5
Discussion Item #2 DAIT Study Session Discussion Item #3 Board Governance Handbook Board Member Gonzales urged his fellow Board members to join him in requesting a special board study session regarding the District Assistance and Intervention Team (DAIT). Mrs. Tafoya noted that at this time a DAIT study session is not a priority for her and recommended that the Board receive reports from the administration with updates regarding the DAIT. She also noted that the administration is working on a Board Governance Calendar that will be helpful to the Board and asked if that could be brought forward soon. Changes and corrections to the Board Governance Handbook were discussed. The Board requested that the Governance Handbook be brought back for adoption with the corrections discussed. Report No. A-1 On motion by Mr. McDougle, seconded by Mrs. Baugher, it was ordered Revised BP 100.8 by the affirmative vote of the members present that the revisions to Board 40 Policy 100.8, Board Committees, be approved as a first reading. Report No. A-2 On motion by Mrs. Tafoya, seconded by Mr. McDougle, it was ordered Revised BP 100.45 by the affirmative vote of the members present that the revisions to Board 41 Policy 100.45, Agenda/Meeting Materials, be approved as a first reading as amended to read: A copy of the agenda shall be forwarded to each Board member at least five days before each regular meeting. Report No. A-3 On motion by Mrs. Baugher, seconded by Mrs. Tafoya, it was ordered Revised BP 500.38 by the affirmative vote of the members present that the revisions to Board 42 Policy 500.38, Sexual Harassment, be approved as a first reading. Report No. E-1 Approved Certificated Personnel Report: 43 Report No. E-2 Approved Classified Personnel Report: 44 Item A-12 Pulled From Consent Agenda On motion by Mr. McDougle, seconded by Mrs. Tafoya, it was ordered by the affirmative vote of the members present that the personnel report and Supplements No. 1, 2, and 3 covering employments, cooperating teachers, changes, resignations, retirements, separations, extra time for employees be approved. On motion by Mr. McDougle, seconded by Mrs. Tafoya, it was ordered by the affirmative vote of the members present that the personnel report covering Supplement No. 1, employments, dismissals, terminations, changes, resignations, retirements, separations, and extra-time for classified employees be approved. Mr. Gonzales requested that item A-12 be removed from the Consent Agenda for separate consideration. 6
Approval or On motion by Mrs. Baugher, seconded by Mr. McDougle, it was Ratification ordered by the affirmative vote of the members present that the following of the Consent reports be approved, adopted or ratified with the exclusion of Item A-12: Agenda: 45 A-4 Revision to Policies and Procedures Section 400.19, Assemblies and Special Events, approved as a first reading on February 22, 2011 A-5 Short-term Consultant Services A-6 Resolution designating Day of the Teacher as May 11, 2011 A-7 Resolution designating Classified School Employee Week as May 16-20, 2011 A-8 Resolution proclaiming May 16-20, 2011, as National Just Say No Week and Friday, May 20, 2011, as Just Say No Walk Against Drugs Day A-9 Agreement regarding Student Teaching between BCSD and Fresno Pacific University (February 15, 2011, through June 30, 2014) A-10 Agreement between Fresno Pacific University and the Bakersfield City School District for Pupil Personnel Services for school counselor and school psychologist candidates (February 15, 2011, through June 30, 2014) A-11 Agreement with Elliot Paul Schlang, DDS, Professional Corporation to provide Oral Health Program to district students (August 24, 2011 through May 31, 2012) B-1 Budget Revision for 2010-2011 B-2 Second Interim Report for 2010-2011 B-3 Distribution of Rafer Johnson Community Day s unspent student body funds B-4 Payments of warrants to vendors for the period March 23 through April 26, 2011 D-1 Award Bids for E-RATE equipment and services and Calnet 2 contract extension (July 1, 2011, through June 30, 2012) 7
D-2 Lease Agreement with Xerox Corporation for equipment and maintenance totaling $8,518.46 per month and utilization of the Midwestern Higher Education Compact and Western Interstate Commission for Higher Education Cooperative Bids E-3 Memorandum of Understanding between the Bakersfield City School District and the Bakersfield Elementary Teachers Association for the donation of sick leave for an employee at Jefferson F-1 Administrative Hearing Panel Action F-2 Interdistrict Agreement for Attendance G-1 Single School Plans for Student Achievement Addendum to Plan Actions as determined to be needed by School Site Council G-2 Educational study trips, out-of-town Approved Mr. Gonzales asked the Board to consider meeting twice a month, every Schedule of other month, for the next academic year to more effectively handle school Board Meetings board business. Discussion followed. On motion by Mrs. Baugher, for 2011-12 seconded by Mrs. Tafoya, it was ordered by the vote of the members 46 present that the schedule of meetings of the Board of Education be approved as submitted. Ayes: Mrs. Baugher, Mr. McDougle, Mrs. Tafoya, and Mr. Van Horne. Noes: Mr. Gonzales. Adjournment: On motion by Mrs. Baugher, seconded by Mr. McDougle, it was ordered 47 by the affirmative vote of the members present that the meeting be adjourned. The meeting adjourned at 9:02 p.m. The next regular meeting of the Board of Education will be held on Tuesday, April 26, 2011. ATTEST: MR. MICHAEL D. LINGO SUPERINTENDENT OF SCHOOLS Clerk ML/ld 8