Susan Lenz, President Board of Trustees Minutes of the Regular Meeting of the Board of Trustees Wednesday, May 8, 2013 Mable Barron School CALL TO ORDER OF OPEN SESSION The regular meeting of the Lincoln USD Board of Trustees was called to order in the Mable Barron School multiuse room, on Wednesday, May 8, 2013, at 6:10 PM. President Lenz established a quorum and then opened the floor for public comment regarding the Closed Session agenda. 1.02 Public Comment on the Closed Session Agenda Parent Carla Hunt requested that students who will receive a Certificate of Completion be allowed to participate in the graduation ceremonies. She presented a letter to the Board regarding this issue. The Board then adjourned to closed session in the staff lounge to discuss the following: a. Public Employee Discipline, Dismissal, Release b. Conference with Labor Negotiator Agency Negotiator: Michele Tatum Employee Organizations: CSEA and LUTA c. Student Matters 6 cases (1) Expulsion of Students (2) Readmission/Admission of Students d. Conference with Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 1 case ROLL CALL/ESTABLISHMENT OF QUORUM Trustees Present Susan Lenz, President Donald Ruhstaller, Vice President Ted Bestolarides, Member Kathleen Solari, Member Van Ha To- Cowell, Member Lanzo Small, Jr., Student Member Administrators Present Tom Uslan, Superintendent Rebecca Hall Joan Calonico Suzanne Fagundes Kelly Dextraze Michele Marquez Tatum Ellen Wehrs Lisa Walker Others Signing In (only legible names are included) Lori Thomas Jessie Hunt, Jr. José Resendiz Lori Allen Janet Olmstead, LUTA Bruce Roberson Lanisha Redic Shelley Spessard Wanda Pardini Carla A. Hunt Dorsey McCowan, CSEA Veronica Cruz Kristi Wong Nick Aninag Kassandra Jarquin Anna De los Santos Chris Steffanic Stephen Overgaard Stephanie Wagner Deidra Bonhem Mary Louise Sonnenburg Vanessa Martinez Donna Robertson Connie Costa Diana Jensen Allison Fraehler Valerie Maurice Jim Peck Michelle Musto Colleen Erickson Colette Moyse Tim Sass Kathleen Keeling Gail McCauley David Agnew Cindy Straub 1
Steve McGill Roz Lopéz Suzanne Wright Nicole Merrolla Sherill Shields Debbie Kruger Stacey Gonzales A. Lisa Buffo Aaron Hess Rick Goyette Suzanne bylow Sandra Sanchez Larry Dextraze Benjamin Ramirez Riina Lewis Yemy Rivera Ed Bonilla Imani Milon Cristal Peña George Conklin Brian Beckman Heidi Orihuela Leo Castaneda Nancy Green Bianca Sanchez Pam Parkerson Dennis Fu Shereé Suntag Marybeth Falat Suzanne Podesto Anne Long Sachi Harada- Ponder Jamie Vernon Sanguinetti Alexis Arteaga Cheryl White Breanna Heidenreich Tyree McCartner Amy Gulden Susan Enstrom Samantha Chan Joshua Garcia Vandrea Foranda Adriana Collins Heather Carroll Anita Vaughn Lynn Delfatti Mary Regan Maria Rodris Jerri Rincon Monica Ricard Janie Williaims Karen Hutz Iris Bouchard Sarah Gehrke Terry Coburn Sylvia Casillas Shelly Moreira Lindsy Van Staaveren Kate Morales Wendy Frush Jonathan Moen Kathleen Rishwain Darline Staggs Eva Fujii Sandhya Prasad Heather Voyer Kellie Yazembiak Shirley Sakai Sue Holland Kate Vizcarra Cathy Halligan Amy Ricci Sarah Rogers Martha Hanyak Megan DuTemple Chrystal Guerra Piero Tapia Fabian Charez Amidel Ladnier Keira McRay Cathy McCurly Brenda Acosta Julie Glennon Mike Paige Laurie Dozier nancy Collins Jami Lundgren At 7:37 PM, the Board reconvened in open session and affirmed that the agenda had been posted according to law. Mable Barron students Cody Bonilla and Natalie Rishwain led the Pledge of Allegiance. 2. COMMUNICATIONS 2.01 Welcome to Mable Barron School Principal Ellen Wehrs welcomed the Board to Colonial Heights School and introduced the Colonial Heights staff, parents and PTSA board members in attendance. 2.02 Recognition of 2012-13 Reflections Program First- Place Award Recipients President Lenz and Superintendent Uslan presented certificates and medals to the Lincoln Unified students who excelled in this year's PTA Reflections program in the areas of Photography, Visual Arts, Literature, Dance Choreography, Film/Video Production, and Musical Composition. The Reflections entries for these students were forwarded to District 8 PTA. Sixteen advanced to the California State PTA competition, the highest number of state- level entries in Lincoln history. Superintendent Uslan also recognized the Lincoln Council PTA Reflections Chair, Samantha Chen, for her outstanding work in coordinating the Reflections Program districtwide. 2.03 Reception for Reflections Honorees President Lenz called for a short recess and invited those in attendance to join the Board in the Mable Barron library for a short reception in honor of the Reflections Awards recipients. 2.04 Caltrans North Stockton Improvement Project Update Caltrans Project Manager Scott Guidi updated the Board regarding the I- 5 North Stockton Improvement Project. He announced that the Swain Rd undercrossing will be closed until July 2013. The contractor has been on notice that July is the final due date. By the time school starts next year, all transportation arteries within District boundaries will be open.
2.05 Trustee and Superintendent Reports Board members reported on sub- committee meetings, events, or activities they have attended since the last regular Board meeting. Trustee Bestolarides requested that the Board receive an update from Caltrans staff regarding the 1-5 North Stockton Improvement Project. 3. CONSENT AGENDA By the following vote, the Board approved the consent agenda as presented. To- Cowell Small 5 0 Yes 4. SUPERINTENDENT'S CONSENT ITEMS 4.01 Minutes of the Regular Meeting of April 17, 2013 Adopted 4.02 Designation of California Interscholastic Federation (CIF) Representatives to the League Designated Principal Debbi Holmerud and Athletic Director Josef Hancock as CIF Representatives to the League 5. EDUCATION SERVICES CONSENT ITEMS 5.01 Study Trip Requests Approved 5.02 Consultant Requests Approved 5.03 Presentation of Findings: Williams and Valenzuela Settlement Case Inspections Information only; no action required 6. HUMAN RESOURCES CONSENT ITEMS 6.01 Employment, Resignations, Leaves, Releases, Assignments, and Other Personnel Matters Information only: no action required 7. BUSINESS SERVICES CONSENT ITEMS 7.01 Claim Against the District Award claim as presented 7.02 Payment Report Ratified 8. PUBLIC COMMENT Teacher Tiffany Fuhrmeister expressed concerns about involuntary reassignments. She doesn't believe that teachers should be reassigned without their permission. Pedro Ramirez stated that his issue has been representation. He announced that he had served as the grand marshal for the Cinco de Mayo parade, and that he has been teaching at the college level for many years. He stated that now is the time for fair representation. Shelley Spessard thanked the Don Riggio School staff for providing her sons with an excellent program for the last nine years. She thanked the Board for their support of the Don Riggio program. Sarah Gehrke told of her experience providing an extended day kindergarten program this year for 12 low- performing students. Her students could stand 30 minutes of direct instruction, 30 minutes of instruction with lower rigor, and then 15 minutes of physical activity with no academics. She stated that the previous State Superintendent of Education, Jack O Connell, said that bargaining units should be consulted and agree before a change to a full- day kindergarten
program is made. Steve McGill said that staff agreed to sacrifice when finances were difficult. He believes they are being asked to do too much for too little. He told the Governing Board that is was time to put your money where your mouth is. Mrs. Genie Van Schoten, a back- door neighbor of Mable Barron School, requested that the District maintain the pine trees at the back of the Mable Barron campus. She is concerned that dead branches could fall and injure children. Jessie Hunt, Jr., stated that he believes the responses he s received from the District do not line up with Board Policy. He added that he d expressed interest at a previous Board meeting for a multi- cultural class and has not had a response regarding that issue. He would like the District to establish a Black leadership program similar to Lincoln Latin Leadership. He circulated a letter to Board about the California Department of Education s decision regarding his son s status and protection under the McKenny Vento Act. He asked what the Board planned to do to rehabilitate his son and his family. He repeated his objection to being accompanied while on the Lincoln High School campus. He suggested that the Board review the amount of money the District spends on legal fees. He asked to see the invoice for the windows of the Engineering and Construction Academy to see what they really cost the District. Teacher Sylvia Casillas told of events happening at Claudia Landeen School, and added that one casualty of the larger class sizes is that teachers in primary grades cannot spend the time to teach children basic motor skills, such as folding a page into a fan. Vincent Estes, Lincoln High School senior, said that the wrestling team has a small talent pool because of being relegated to the Sierra Middle School gym for practices and meets. He asked that the LHS gym be made available for meets. He believes strongly that the higher visibility would increase the stature of the program. Teacher Lori Thomas stated that she is the LUTA Negotiating Team Chair. She stated that teachers are a proud but tired group. They are tired of doing more with less. Josh Garcia, Lincoln High School senior, complained that his classes are really packed this year, making it difficult to get adequate attention from teachers. He believes that teachers should be appreciated more for the work that they do. 9. PUBLIC HEARING 9.01 Initial Contract Proposal from the Lincoln Unified Teachers Association to the District Government Code Section 3547 requires that the public have an opportunity to review contract proposals of employee associations prior to the commencement of negotiations, as well as informing the public of new subjects for meeting and negotiating that arise after negotiations have started. The District is also required to provide the public with an opportunity to express itself regarding proposals at a public Board meeting. This public hearing provided an opportunity for the public to comment on the Lincoln Unified Teachers Association's proposal to the District. This proposal follows the Sunshine Proposal submitted on March 13, 2013. After President Lenz opened the hearing, LUTA President Janet Olmstead stated that she was disappointed with how the District is handling negotiations. The email from the Superintendent to all staff was a radical departure from past practice and was against LUTA s request. She also objected to the public release of the second Sunshine Proposal, and felt that the District had been negotiating in public.
No further comments were made. President Lenz adjourned the hearing. 10. PRESIDENT'S REPORT 10.01 President's Report President Lenz announced the Board had taken no reportable action in closed session, but would return to closed session at the end of this meeting. She expected that reportable action would be announced when the Board reconvened from that session. 10.02 California Day of the Teacher The Day of the Teacher is celebrated on the second Wednesday in May in accordance with California legislation and the Education Code. The California Teachers Association and the Association of Mexican American Educators sponsored a California Assembly Bill proclaiming the Day of the Teacher. The Bill was signed into law in 1982. Today, May 8, 2013, we celebrate its thirty- first anniversary. The Day of the Teacher is patterned after the traditional "El Dia del Maestro" (Spanish for "Day of the Teacher") festivities, which is observed in Mexico and other Latin American countries. The California Education Code also specifies that the Day of the Teacher should "involve exercises commemorating and directing attention to teachers and the teaching profession". The theme for this year's observation is "California Teachers: Honoring the Past. Guiding the Future." Our corps of well- qualified and dedicated teachers has earned the appreciation of the entire Lincoln Unified community. The Board of Trustees and Superintendent Uslan presented a proclamation of appreciation to Janet Olmstead, President of the Lincoln Unified Teachers Association. 10.03 California School Employee Week, May 19-25, 2013 The third full week in May has been designated as Classified School Employee Week in California by the California School Employees Association and the California State Legislature. This week is set aside for special activities to honor classified employees. Classified School Employee Week began as a resolution at CSEA s Annual Conference in 1984. Two years later, it was adopted as California Senate Bill 1552 and decreed to be an official recognition of classified school employees. This year's theme, "Classified Employees: Fulfilling California's Promise," honors the invaluable contributions made to the District by our classified staff. The Lincoln Unified community is particularly fortunate to have such a highly dedicated classified employee team. From the time students board a school bus in the morning to the time they head home at the end of the day, every aspect of their educational experience is impacted by a classified school employee. Superintendent Uslan and the Governing Board proclaimed May 19-25, 2013, as Classified School Employee Week in Lincoln Unified School District. President Lenz read the proclamation and presented it to Dorsey McCowan, President of California School Employees Association, Chapter 282. 11. SUPERINTENDENT'S REPORT 11.01 Student Matters Moved to the conclusion of tonight s meeting Superintendent Uslan announced that the Board would return to closed session at the conclusion of this meeting to consider student matters, and would reconvene in open session to take action. 11.02 California Voters Rights Act Trustee Voting Areas Adopted Resolution 13-07, in support of voting areas During the February 27, 2013, regular meeting, the Governing Board established three
dates (March 13, March 27, and April 17, 2013) for the public and the Board to give input regarding potential trustee voting areas, and a fourth date (May 8, 2013) for the Board to consider its decision regarding this issue. Tonight was the last of those scheduled discussions, and the night scheduled for the Board to consider its decision. Superintendent Uslan recommended that the Board adopt Resolution 13-07, Resolution of the Board of Education of the Lincoln Unified School District Recommending that the San Joaquin County Committee on School District Organization Approve and Establish Trustee Areas from which Lincoln Unified School District Governing Board Members Will Be Elected in a Trustee Area Election Process. Leo Castaneda asked which of the areas would be open for the next election. Superintendent Uslan explained trustees would be termed out in Area 1 and Area 4. However, only Area 1 will have an open seat, as another member of the Board resides in Area 4. The trustee residing in Area 3 will be up for reelection. There is not currently a member on the Board from Area 5. That means that areas 1, 3 and 5 would be open for the next election. Pedro Ramirez asked how the map was designed. Superintendent Uslan answered that the map was designed by legal counsel with research provided by the District s demographer. Mr. Ramirez stated that he thought the areas were fairly designed. Trustee Bestolarides asked what the cost was of this plan. Mr. Uslan said that the District had legal fees, and demographer s fees. A significant cost would be incurred only if the District had to hold an election. If the District were to seek a waiver from the California Department of Education, it could avoid those costs. By the following vote, the Board adopted Resolution 13-07, Resolution of the Board of Education of the Lincoln Unified School District Recommending that the San Joaquin County Committee on School District Organization Approve and Establish Trustee Areas from which Lincoln Unified School District Governing Board Members Will Be Elected in a Trustee Area Election Process. Ruhstaller To- Cowell 5 0 Yes 11.03 Stellar Energy PCO- 5, Maintenance Yard Design and Engineering Approved On September 26, 2012, the Board gave direction to staff to prepare change orders to convert the solar structures designed for the maintenance yard from a ground mount system to a carport system with a parking lot beneath the carport arrays. The first step in this process is the design and engineering of the parking lot. The total cost of the design and engineering work is $26,054.11, which includes geotechnical engineering, parking lot engineering, site surveying and design. By the following vote, the Board approved Stellar Energy change order 005 (R), for a total of $26,054.11. Solari Ruhstaller 5 0 Yes 11.04 2013-2014 Student Calendar Adopted During closed session, the Board considered the proposed 2013-2014 student calendar. The negotiations teams for both bargaining units approved this proposal. District Administration recommended the approval of the 2013-2014 student calendar, as attached, in open session.
By the following vote, the Board adopted the 2013-2014 student calendar as presented. Ruhstaller To- Cowell 5 0 Yes 11.05 Change in Regular Governing Board Meeting Schedule Adopted By the following vote, the Board changed the meeting of the Governing Board originally scheduled for April 16, 2014, to April 23, 2014, and adopted the revised Board calendar. Ruhstaller Small 5 0 Yes 11.06 Expansion of Civic Pride Independent Academy Approved On June 13, 2011, the Governing Board approved the establishment of the Civic Pride Independent Academy. This program was created in response to an increase in the number of student expulsions at the high school level. The majority of these expelled students were previously referred to programs operated by the San Joaquin County Office of Education. The District established the following criteria as guidelines for student enrollment at Civic Pride Independent Academy. 1. Grades 9-12 2. No history of violence 3. On- track for graduation 4. Ability to independently comprehend curricula by computer use 5. Willingness to participate in counseling and/or drug testing programs The District is experiencing an increase in the number of middle school age students who would benefit from the Civic Pride Independent Academy as an alternative to expulsion to San Joaquin County operated schools. Consequently, District staff sought approval to expand the program to include 7th and 8th grade students effective August 2013. This expansion would require the establishment of a new full- time teaching position. Vice President Ruhstaller asked where the program would be housed. Superintendent Uslan said that he still wants input before making a final decision, but it would be somewhere on the Village Oaks campus. After additional discussion on this matter and by the following vote, the Board approved the expansion of the Civic Pride Independent Academy to include 7th and 8th grade students and approve the establishment of a new full- time teaching position. To- Cowell Ruhstaller 5 0 Yes The Board also gave direction that a review of program be done to see if a paraprofessional should be added at a future date. 12. EDUCATION SERVICES REPORT 12.01 California High School Exit Exam (CAHSEE) Waivers Approved By the following vote, the Board approved five waivers for Lincoln High School seniors who took and passed the CAHSEE with modifications. To- Cowell Solari 5 0 Yes
12.02 Physical Education Exemptions Approved By the following vote, the Board approved three Physical Education exemptions, as presented. Ruhstaller To- Cowell 5 0 Yes 13. HUMAN RESOURCES REPORT 13.01 Initial Contract Proposal to the California School Employees Association Pulled for action until after the Board would return from closed session 14. BUSINESS SERVICES REPORT 14.01 Request for Proposals: Maintenance of District Copier Equipment Authorized By the following vote, the Board authorized the District to request proposals for district- wide maintenance of district- owned copy equipment. Ruhstaller Bestolarides 5 0 Yes At 9:42 PM, President Lenz announced that the Board would reconvene in closed session to discuss Public Employee Discipline, Dismissal, Release; Conference with a Labor Negotiator; and Student Matters. At 10:42 PM, the Board returned to open session. President Lenz reported the following: 1. By a 5-0 vote, the Governing Board took action to approve a certificated resignation, effective immediately. 2. By a 5-0 vote, the Governing Board took action to approve a certificated job share request for the 2013-14 school year. 3. By a 5-0 vote, the Governing Board took action to approve three certificated unpaid leave requests for the 2013-14 school year. 10. SUPERINTENDENT'S REPORT 10.01 Student Matters Moved to the conclusion of tonight s meeting By the following vote, the Board expelled, approved, denied, or otherwise took action on student matters as recommended by the Administrative Hearing Panels and/or as amended by the Board. 13. HUMAN RESOURCES REPORT Motion Second Ayes Noes Abstain Absent Solari Bestolarides 5 0 13.01 Initial Contract Proposal to the California School Employees Association Pulled for action after the Board returned from closed session By the following vote, the Board adopted the District s initial contract proposal to the California School Employees Association. 15. INFORMATION Motion Second Ayes Noes Abstain Absent Ruhstaller Bestolarides 5 0 15.01 President Lenz announced that the next regular meeting be held on May 22, 2013, at Lincoln High School, 6844 Alexandria Pl. 15. ADJOURNMENT There being no further business to discuss, President Lenz adjourned the meeting at 10:45 PM.
Respectfully Submitted, Approved and entered into the proceedings of the Board this 22nd day of May 2013, Tom Uslan, Superintendent & Secretary to the Board Susan Lenz President of the Governing Board SL:TU:lsw