BOARD MEMBERS PRESENT:

Bonnie Castrey

Brian Garland

Susan Henry

Matthew Harper

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Debbie Coleman, Asst. Superintendent, Human Resources

Carol Osbrink, Asst. Superintendent, Educational Services

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

None

PLACE AND DATE OF MEETING:

District Office

May 13, 2008

CALL TO ORDER:

The meeting was called to order at 6:20 p.m. by the Board President, Dr. Simons.

CLOSED SESSION:  (I)

The Board recessed to closed session at 7:16 p.m. to consider Parent Appeals – Education Code sections 35146 and 48260.

CALL BACK TO ORDER:

The meeting was called back to order at 7:05 p.m.  Dr. Simons announced that the Board had been meeting in closed session to consider Parent Appeals.  All five were denied on a 4-0 vote.  Mr. Garland was not able to attend closed session.  Dr. Simons also stated that Mr. Harper had asked that The Bible as Literature be tabled until the next regular Board meeting because he was sick.  If anyone wished to address it in open session, they were welcome to do so.

PLEDGE OF ALLEGIANCE:  (II)

The Pledge of Allegiance was given.

STAFF RECOGNITION – RETIREES:  (I-B)

The Board recognized both classified and certificated employees who are retiring from the district.

STAFF RECOGNITION – TEACHERS OF THE YEAR 2007-08:  (I-C)

The Board recognized the district's Teachers of the Year, Laura Reid-Haight from Valley Vista High School and Christine Shield from Edison High School.

STAFF RECOGNITION – FIRST-YEAR TEACHER OF THE YEAR 2007-08:  (I-D)

The Board recognized the district's First-Year Teacher of the Year, Erica Quintero from Ocean View High School.

RECESS:

A recess was called at 7:30 p.m. for a reception to honor retirees, Teachers of the Year and classified Employee of the Year.  The meeting was reconvened at 7:52 p.m.

APPROVAL OF MINUTES:  (III-A)

It was moved by Mrs. Henry, seconded by Ms Castrey, to approve the minutes of the special study session meeting held April 8, 2008 and the regular meeting held April 8, 2008, with a correction on page III-A (2) of the study session minutes by Ms Castrey who indicated that it was she who had asked to have pulled the APA summer school and Workers’ Compensation items.  Mrs. Henry had pulled summer school also.

                                                Motion unanimously carried.

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-B)

Board members representing the district on various committees presented reports and discussed activities.

Mr. Garland asked to go on record that a former teacher, Dan Ezratty had passed away last week and would be sorely missed.  Mr. Ezratty had retired in 1996 and Mr. Garland stated that he would be attending the funeral and would represent the Board.

Dr. Simons congratulated Mrs. Henry on being elected President of the Orange County School Boards Association.

STUDENT BOARD REPRESENTATIVE REPORT:  (III-C)

Jesse Dalton, Student Representative to the Board from Fountain High School, presented reports for each school.  Dr. Simons presented Mr. Dalton with a plaque in honor of his service to the Board over the past year.

SUPERINTENDENT’S REPORT:  (III-D)

Dr. Riley stated that the awards ceremonies for each site were being held in the Huntington Beach High School gymnasium because of modernization.  He thanked staff for their extra work on making the gymnasium an attractive site for these events.

Dr. Riley commented that the district has been contacted by the City of Huntington Beach because trees in front of Edison High School are causing trip hazards and are lifting up concrete, requiring the removal of the trees.  This is a problem in many areas in the city.  The district will be working with the principal to provide attractive fencing and more trees.

STAFF PRESENTATION – VVHS:  (III-E)

Principal, Kerry Clitheroe, and staff presented highlights of the school’s program that support at-risk youth.

PUBLIC COMMUNICATION TO THE BOARD:  (III-F)

Cathy Lichodziejewski, DEA President, offered congratulations to retirees and thanked the Board for the acknowledgement.

Diane  Makas-Weber addressed the Board on APA funding.

Dave Eusantos, staff member; Jose Gonzalez, Natasha Witkowski, Kyler Elmore, Justin Browning, Thanh Ha Tran, students;  Sheila Bourne, parent; Megan Hooper, Arianna Colyer and Michael Colyer, students, addressed the Board on the agriculture program at Westminster High School.

CONSENT CALENDAR:  (IV)

It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the Consent Calendar as presented with addendum to item IV-B, Certificated and Classified Personnel Report and a replacement page for IV-H, New Basic Textbook Adoption – Second List, and with the exception of item IV-EE, Resolution, 2008-09 Tax and Revenue Anticipation Notes, which was pulled by Mr. Harper for separate consideration.

                                       Motion unanimously carried.

PURCHASE ORDERS:  (IV-A)

Approval was granted for purchase orders in the amount of $2,517,839.37.

PERSONNEL REPORT:  (IV-B)

Approval was granted for Personnel Report No. 11 as presented.

PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES:

(IV-C)

Approval was granted for the Professional and Official Business Activities as presented.

FIELD TRIPS:

(IV-D)

Approval was granted for the Field Trips as presented.

CONTRACTS AND CONSULTING AGREEMENTS:

(IV-E)

The Board determined that the listed individuals or contractors are specially trained, experienced, and competent to provide services and advice in the noted areas.  Such services are not available free of charge from public agencies, and such services and advice are needed on a limited or occasional basis.  Approval was granted for the consultants and/or contractors as presented.

NON-PUBLIC SCHOOL/AGENCY CONTRACTS/

ADDENDA -

WOCCSE:  (IV-F)

Approval was granted to enter into the non-public school/agency contracts/addenda as presented, and the West Orange County Consortium for Special Education was authorized to receive invoices and process payment.

NEW BASIC TEXTBOOK ADOPTION – FIRST LIST 2008-09:

(IV-G)

Approval was granted to adopt the new basic textbooks (first list) for the 2008-09 school year.  The thirty-day review period has been completed according to district policy.

NEW BASIC TEXTBOOK ADOPTION – SECOND LIST 2008-09:  (IV-H)

Approval was granted to commence the adoption of the new basic textbooks (second list) for the 2008-09 school year according to district policy.

AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH WESTMINSTER SCHOOL DISTRICT:  (IV-I)

Approval was granted for the amendment to the Memorandum of Understanding with Westminster School District to implement the California Nutrition Network program for the period October 1, 2006 through September 30, 2009.  The high school district maintains financial records and monitors the budgets for this state-funded grant, which was approved by the Board of Trustees on November 14, 2006.  The two districts collaborate to promote nutrition education, physical activity, and USDA nutrition assistant programs to students and families in the school communities.  This amendment will provide an additional staff member to assist the nurse.

COOPERATIVE AGREEMENT – TRANSITION PARTNERSHIP PROGRAM:  (IV-J)

Approval was granted to continue the Cooperative Agreement with the California Department of Rehabilitation for the Transition Partnership Program for the three-year period beginning July 1, 2008 through June 30, 2011.  The total program cost of $612,442 per year is based on the district’s share of certified expenditure of $153,119 and the Department of Rehabilitation total share of $459,324.  The Department of Rehabilitation program cost is $219,871 and the total payment to the Cooperative Agency is $239,453.

CONTINUED FUNDING – GIFTED AND TALENTED EDUCATION (GATE) PROGRAM:  (IV-K)

Approval was granted to submit a request to the California Department of Education for continued funding for the Gifted and Talented Education (GATE) Program for the 2008-09 school year.  The district’s GATE application was approved for a three-year period through the 2008-09 school year.  This year’s funding is anticipated at approximately $132,000 and will be used to supplement existing instructional materials and to provide staff development activities.  No matching funds were required.  Authorization to expend funds upon receipt was granted.

APPLICATION FOR FUNDING – INDIAN EDUCATION GRANT:  (IV-L)

Approval was granted to submit an application to the U.S. Department of Education for Indian Education grant funding in the amount of $206,116 for the 2008-09 school year.  This is submitted on a yearly basis to ensure funding.  These federal grant funds will be used to continue to provide eligible American Indian/Native American students with after-school tutoring and study skills, counseling, and cultural activities unique to their heritage.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

CANDIDATES FOR GRADUATION – CLASS OF 2008:

(IV-M)

Approval was granted for the list of candidates for graduation, Class of 2008.  This list was available for review in the Educational Services Division.

DESTRUCTION OF PUPIL RECORDS:  (IV-N)

Approval was granted to destroy pupil records held for three years or more in compliance with guidelines of the California Code of Regulations, section 437, Retention and Destruction of Pupil Records.

DESIGNATION OF CIF LEAGUE REPRESENTATIVES FOR 2008-09: 

(IV-O)

Approval was granted to designate the principals of the six comprehensive high schools to serve as their respective school’s California Interscholastic Federation (CIF) league representatives for the 2008-09 school year.  The designation is required by Education Code section 33353(a) 1.

AT&T HIGH SCHOOL SUCCESS SPECIAL GRANTS PROGRAM  (IV-P)

Approval was granted to submit an application to the AT&T High School Success Special Grants Program.  This grant will provide funding ranging from $50,000 to $100,000 per year for up to four years.  The focus is on moderately at-risk students in 9^th and 10^th grades who need a program designed to keep them in high school, improve attendance, credit acquisition, and test scores with graduation as the end result.  This grant will provide the purchase of Apple Mobile Learning Labs to assist the improvement of academic achievement and enhance the quality of instruction through the use of technology.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

INSURANCE AND WORKERS' COMPENSATION CLAIM:  (IV-Q)

Approval was granted to deny the claim for injury and general liability No. MHS022508.  Claim information was available in the Insurance Office.

AGREEMENT WITH UNUM LIFE INSURANCE COMPANY OF AMERICA – LONG-TERM CARE BENEFITS:  (IV-R)

Approval was granted to enter into an agreement with the UNUM Life Insurance Company of America to process, administer and offer voluntary long-term care insurance to benefit eligible employees of the district at a guaranteed value in conformity with all applicable state and federal laws governing the marketing and sale of insurance.

SECTION 125 SERVICE AGREEMENT WITH AMERICAN FIDELITY:  (IV-S)

Approval was granted to enter into an agreement with American Fidelity Assurance Company (AF) to administer the Employer's Section 125 Flexible Benefit Plan in conformity of Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service.

AWARD OF BIDS:  (IV-T)

Approval was granted to award bids to the successful bidders as presented.  It was further moved that all other bids be rejected as being higher in cost or not meeting specifications.  All bid results are available for review in the Purchasing Department.

PURCHASE OF SHADE STRUCTURES USING A CONTRACT OF CAPISTRANO UNIFIED SCHOOL DISTRICT:  (IV-U)

Approval was granted for the purchase of shade structures through USA Shade and Fabric Structures, Inc., using a contract of Capistrano Unified School District.

CONTRACT CHANGE NOTICES:  (IV-V)

Approval was granted for the change notices to the contracts as presented which were previously awarded.

SUBSTITUTION OF SUBCONTRACTOR:  (IV-W)

Approval was granted for the substitution of subcontractor on Contract No. 0064 with Angeles Contractor Inc., for Modernization at Fountain Valley High School.

REDUCTION OF RETENTION FOR CONTRACTOR - DAY CONSTRUCTION COMPANY:  (IV-X)

Approval was granted to reduce the ten percent (10%) retention to five percent (5%) in accordance with Public Contract Code Section 9203 on Contract No. 0134 with Day Construction Company for Westminster High School Modernization.

NOTICE OF COMPLETION – FVHS:  (IV-Y)

Approval was granted to file a Notice of Completion on Contract No. 0528 for Site Preparation for Portable Building at Fountain Valley High School Science by MSH Construction, and to pay the ten percent (10%) retention after filing. 

SURPLUS OF SCIENCE EQUIPMENT:

(IV-Z)

Approval was granted to dispose of surplus/obsolete science equipment by public advertisement of sealed bid.

ENROLLMENT & ADA:  (IV-AA)

A report on enrollment and ADA for the period February 25 through March 21, 2008 was presented.

MARCH 2008 DISBURSEMENTS:  (IV-BB)

A recap of the payments processed during the month of March 2008 was presented.

RESOLUTION - TRANSFER OF FUNDS - VARIOUS FUNDS:  (IV-CC)

Approval was granted to adopt a resolution which authorizes the transfers made within the approved budgets of various funds for 2007-08.

RESOLUTION

NO. 43:

AYES:             HARPER, GARLAND, SIMONS,  CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – ADDTNL INCOME AND EXPENDITURES - GENERAL FUND:  (IV-DD)

The district has been notified of increases and decreases in funding for various categorical projects and other funding sources.  Approval was granted to adopt a resolution increasing income and expenditures by the net amount of $2,372,864 within the General Fund for the fiscal year 2007-08.

RESOLUTION

NO. 44:

AYES:             HARPER, GARLAND, SIMONS,  CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION –

2008-09 TAX AND REVENUE ANTICIPATION NOTES:  (IV-EE)

It was moved by Mrs. Henry, seconded by Ms Castrey, to adopt the resolution authorizing the borrowing of funds for fiscal year 2008-09 and the issuance and sale of a one or more series of 2008-09 Tax and Revenue Anticipation Notes in an amount not to exceed $20 million and participation in the South Coast Local Education Agencies pooled Tax and Revenue Anticipation Note program and requesting the Board of Supervisors of the County to issue and sell said notes.  The resolution, trust agreement, purchase agreement and preliminary official statement are on file in the Business Division. 

RESOLUTION

NO. 45:

AYES:             GARLAND, SIMONS,  CASTREY, HENRY

NOES:             HARPER

ABSENT:        NONE

                                                Resolution adopted 4-1.

BUDGET UPDATE:

(V-A)

The Superintendent presented updated information related to the state and district budgets.  The following issues from past meetings were discussed:

1)         Child Welfare and Attendance (Director and clerical positions).  The superintendent recommended filling the Director of Child Welfare and Attendance vacancy and providing clerical support by consolidation of responsibilities within the Ed Services Division and/or use categorical funding to support the clerical position.  Dr. Riley indicated that if the Director position were removed, it would have a detrimental effect on the funding income.

2)         APA funding:  Dr. Riley recommended funding APA at $30,000 per year level and the allocation of one release period for the 2008-09 and 2009-2010 school years.

3)         Summer School funding:  The Board had a question re the impact of the health class on summer school enrollment and on the district’s cap on core summer school funding.  This information will be available later this month when a tally of summer school enrollment is finalized.

4)         Westminster High School Farm Lease:  The superintendent indicated that he had been in contact with a commercial venture that was interested in leasing part of this land, however they had backed off.  There are some other commercial ventures that might be interested in using that part of the property.

5)         WOCCSE budget:  Dr. Riley stated that Jim Hemsley, WOCCSE Director, had reduced his budget by $35,000 of our district’s contribution.

Members of the Board considered these items and presented suggested changes but no action was taken at this meeting.

RESOLUTIONS – BIENNIAL GOVERNING BOARD ELECTION:

(V-B)

A consolidated election is required in the district to be held on Tuesday, November 4, 2008 for members of the Governing Board in accordance with Education Code section 5340.  It was moved by Mr. Harper, seconded by Ms. Castrey, to adopt the necessary Resolution and Order of Biennial Trustee Election and Specifications of the Election Order.

RESOLUTION

NO. 46:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

DECLARATION OF NEED FOR FULLY QUALIFIED EDUCATORS:  (V-C)

In accordance with Title 5 regulations, the district is required to annually file a Declaration of Need for Fully Qualified Educators to the Commission on Teacher Credentialing.  The declaration will provide the district with the ability to employ or assign persons who are not appropriately credentialed and file waivers as needed.  It was moved by Ms Castrey, seconded by Mr. Garland, to file the Declaration of Need for Fully Qualified Educators form for the 2008-09 school year.

THE BIBLE AS LITERATURE:  (V-D)

It was moved by Mr. Harper, seconded by Mrs. Henry, to table this item for placement on the agenda of the next regular Board meeting on June 24, 2008. 

BOARD POLICY  (VI-A)

It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the following Board policy for first reading in the continued revision of existing policies:

BP 1312.4 – Williams Uniform Complaint Procedures

                                                Motion unanimously carried.

STUDENT EXPULSIONS:

(VII-A)

It was moved by Mrs. Henry, seconded by Mr. Harper, that Student No. 334963 be expelled from the Huntington Beach Union High School District for the remainder of the 2007-08 school year for violation of California Education Code 48900(b)(m).  It was further moved that the expulsion be suspended and that he be allowed to return to Westminster High School under a strict behavior contract.

                                                Motion unanimously carried.

It was moved by Ms Castrey, seconded by Dr. Simons, that Student No. 347294 be expelled from the Huntington Beach Union High School District for the remainder of the 2007-08 school year for violation of California Education Code 48900(b).

It was further moved that the expulsion be suspended and that he complete his graduation requirements at the Huntington Beach Adult School.

                                                Motion unanimously carried.

It was moved by Dr. Simons, seconded by Mr. Harper, that Student No. 364310 be expelled from the Huntington Beach Union High School District for the remainder of the 2007-08 school year and the fall semester of the 2008-09 school year for violation of California Education Code 48900(c).  It was further moved that a district IEP team determine her educational placement during the period of expulsion. In January 2009, the student will be notified of her right to request a district IEPT to consider reenrollment in the district.

                                                Motion unanimously carried.

It was moved by Mr. Garland, seconded by Dr. Simons, that Student No. 359106 be expelled from the Huntington Beach Union High School District for the remainder of the 2007-08 school year and the fall semester of the 2008-09 school year for violation of California Education Code 48900(f) and (g).  It was further moved that a district IEP team determine his educational placement during the period of expulsion.  In January 2009, the student will be notified of his right to request a district IEP team meeting to consider his reenrollment into the District.

                                                Motion unanimously carried.

It was moved by Mr. Harper, seconded by Mrs. Henry, that Student No. 351639 be expelled from the Huntington Beach Union High School District for the remainder of the 2007-08 school year and the fall semester of the 2008-09 school year for violation of California Education Code 48900(a-1) It was further moved that a district IEP team determine his educational placement during the period of expulsion.  In January 2009, the student will be notified of his right to request a district IEPT for reenrollment in the district.

                                                Motion unanimously carried.

NEW BUSINESS:

Ms Castrey recognized both Westminster and Marina high schools on their accreditation reports that have been extended for a full six-year term.  Congratulations to both schools.

Mr. Harper recognized the agricultural program at Westminster High School.

Dr. Riley indicated that the May 27, 2008 special Board meeting would begin at 6:30 p.m.

ANY OTHER PUBLIC COMMUNICATION TO THE BOARD:

None.

ADJOURNMENT:

The meeting was adjourned by the President, Dr. Simons, at

9:20 p.m.

______________________________

                           Clerk

______________________________

                        Secretary