BOARD MEMBERS PRESENT:

Bonnie Castrey

Susan Henry

Brian Garland

Matthew Harper

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Stephen Ritter, Asst. Superintendent, Business Services

Kathy Miller, Asst. Superintendent, Personnel/Emp Relations

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

Carol Osbrink, Asst. Superintendent, Educational Services

PLACE AND DATE OF MEETING:

District Education Center

June 14, 2005

CALL TO ORDER:

The meeting was called to order at 7:00 p.m. by the Board President, Ms Castrey.

CLOSED SESSION:  (I)

The Board recessed to closed session at 7:01 p.m. to discuss the following issues:

1.      Public Employee Discipline/Dismissal/Release – Government Code section 54957 and Education Code section 44943

2.      Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.  Property: 5832 Bolsa Avenue, Huntington Beach, California.  Agency Negotiators:  Van W. Riley, Superintendent, and Stephen Ritter, Assistant Superintendent, Business Services.  Negotiating Parties:  Huntington Beach Union High School District and Property Owner.  Negotiation:  Price and/or Payment Terms

CALL BACK TO ORDER:

The meeting was called back to order at 7:30 p.m.  Ms Castrey announced that the Board had considered a personnel issue but no action was taken.  The Board also discussed real property negotiations with Dr. Riley.

PLEDGE OF ALLEGIANCE: (II)

The Pledge of Allegiance was given.

APPROVAL OF MINUTES:  (III-A)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the minutes of the regular meeting held June 14, 2005.

                                                            Motion unanimously carried.

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-B)

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

SUPERINTENDENT’S REPORT:  (III-C)

Dr. Riley stated that Dr. Carol Osbrink was absent as she had taken a team of site administrators to the National High School Conference in Tennessee.  Dr. Riley reported good news, that the new District Office site on Bolsa Avenue was scheduled to close escrow the following day.  He also reported that summer school is off to a great start.  Some schools are sharing sites while work is being done.  Edison is at Huntington Beach High School, and Fountain Valley is at Ocean View High School.  This has caused a slight decline in anticipated enrollment; however, classes are basically full.  Dr. Riley invited Board members to visit sites to observe the construction taking place.  The most impact is at Fountain Valley High School where the old portables have been moved and new ones are in line to prepare for the opening of school in September.

PUBLIC HEARING – ADOPTION OF THE 2005-06 BUDGET:

(III-D)

Steven Ritter, Assistant Superintendent, Business, presented an outline of key assumptions and components of the 2005-06 budget prior to the public hearing.  The hearing was declared open.  There being no input, the hearing was declared closed.  Board members asked questions, and staff responded.

PUBLIC HEARING – FIVE-YEAR DEFERRED MAINTENANCE PLAN AND FUND EXPENDITURES:

(III-E)

Nelson Kayabyab, Director of Facilities, Transportation and Security, presented a report.  As required by Education Code section 17548.1, a public hearing was held to discuss proposals and plans for expenditure of funds for the deferred maintenance of facilities.  The hearing was declared open.  There being no input, the hearing was declared closed.

PUBLIC COMMUNICATION TO THE BOARD:  (III-E)

Susan Dawson, parent, spoke about graduation requirements.  Lauren Soble, Jerry Van Otterloo and Deborah Edwards, parents, spoke about Robin Orr’s contract.

CONSENT CALENDAR: (IV)

It was moved by Dr. Simons, seconded by Mrs. Henry, to approve the Consent Calendar as presented, with addendum to item IV-B, Personnel Report.

                                             Motion unanimously carried.

PURCHASE ORDERS: (IV-A)

Purchase orders in the amount of $5,073,049.44 were approved as presented.

PERSONNEL REPORT:  (IV-B)

Approval was granted for the Certificated and Classified Personnel Report No. 13 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 Governing 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.

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT - WOCCSE:  NO. 9542:

(IV-G)

Approval was granted to reimburse the parent in an amount not to exceed a total of $1,200 for transportation of a special education student for the period July 1, 2005 through June 30, 2006.

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT - WOCCSE:  NO. 9540:

(IV-H)

Approval was granted to reimburse the parent in an amount not to exceed a total of $3,450 for transportation of a special education student for the period July 1, 2005 through June 30, 2006.

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT - WOCCSE:  NO. 9541:

(IV-I)

Approval was granted to reimburse the parent in an amount not to exceed a total of $2,000 for transportation of a special education student for the period July 1, 2005 through June 30, 2006.

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT - WOCCSE: NO. 9543:

(IV-J)

Approval was granted to reimburse the parent in an amount not to exceed a total of $1,100 for transportation of a special education student for the period July 1, 2005 through June 30, 2006.

GENERAL RELEASE AND SETTLEMENT AGREEMENT AND AGREEMENT FOR PAYMENT BETWEEN RESPONDENTS – SPECIAL EDUCATION HEARING OFFICE CASE SN 05-00376:  (IV-K)

Approval was granted for the General Release and Settlement Agreement and for the Agreement for Payment between Respondents (Huntington Beach Union High School District, Newport Mesa Unified School District, and Tustin Unified School District) pursuant to California Special Education Hearing Office Case SN 05-00376.  The district agreed to pay $4,000 for compensatory education for the student and $2,500 for transportation of the student to the Residential Treatment Center.

GENERAL RELEASE AND SETTLEMENT AGREEMENT -SPECIAL EDUCATION HEARING OFFICE CASE SN 05-00668:  (IV-L)

Approval was granted for the General Release and Settlement Agreement pursuant to California Special Education Hearing Office Case SN 05-00668.  The district agrees to amend the student’s Individual Education Program (IEP) for the 2005-06 school year.  The district will reimburse the parents in the amount of $8,028 for educational services and assessments for the student and the amount of $4,000 for legal fees incurred through November 20, 2005. 

APPLICATION FOR FUNDING – CONSOLIDATED CATEGORIAL PROGRAMS:  (IV-M)

Approval was granted to submit to the California Department of Education the 2005-06 Consolidated Application for Funding Categorical Programs.  Under the No Child Left Behind Act of 2001 (NCLB) and various state authorizations, funds will be allocated by the state and federal governments to supplement existing instructional programs and services, guidance activities, and school improvement programs.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

GRANT APPLICATION – EDISON INTERNATIONAL NEW ERA AWARDS FOR EXCELLENCE –

EHS:  (IV-N)

Approval was granted for Edison High School to submit an application for funding to Edison International, New Era Awards for Excellence program, in the amount of $10,000 for the 2005-06 school year.  If awarded, the funds will be used to enhance the newly-formed Charger Academy which provides support to freshmen and sophomore at-risk students.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

AGREEMENT AND RESOLUTION/ MEMORANDUM OF UNDERSTANDING FOR SPECIAL EDUCATION MENTAL HEALTH SERVICES:  (IV-O)

Approval was granted for the Agreement for the Provision of Special Education Mental Health Services between the County of Orange, Orange County Department of Education and Special Education Local Plan Areas (SELPA).  Approval was also granted for the Resolution/Memorandum of Understanding for Payment for Special Education Mental Health Services provided by the Orange County Health Care Agency.  The purpose of the agreement and the memorandum is to allow continuation of services on an interim basis, July 1, 2005 through September 30, 2005, pending the adoption of the state budget by the California Legislature.

RESOLUTION

 NO. 56:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

KINGSTON SCHOLARSHIP FUNDS:  (IV-P)

Approval was granted to disburse Kingston Scholarship funds in an amount not to exceed $35,000.  Scholarship award recipients must meet the qualifications and criteria established by the benefactor and the Kingston Scholarship Committee.  Funds will be sent to the designated colleges and universities to be used for tuition and books during the 2005-06 school year.

INTERDISTRICT ATTENDANCE AGREEMENT – MORENO VALLEY UNIFIED SCHOOL DISTRICT:  (IV-Q)

Approval was granted for the Interdistrict Attendance Agreement with Moreno Valley Unified School District effective July 1, 2005 through June 30, 2010.  This agreement will allow each district to accept eligible students from the other who have inter-district permits for attendance from the district of residence.

NEW BASIC TEXTBOOK ADOPTION – SECOND LIST:

(IV-R)

Approval was granted to commence the adoption of the new basic textbooks (second list) for the 2005-06 school year according to district policy.

APPROVAL TO PARTICIPATE IN ASCIP-OCIP:  (IV-S)

Approval was granted to participate in the ASCIP-OCIP program and authorize the Assistant Superintendent, Business Services, to sign documents relating to the Owner Controlled Insurance Program (OCIP) on an as-needed basis for current and future modernization and new construction projects.

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.

CONTRACT CHANGE NOTICES:

(IV-U)

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

ENROLLMENT & ADA:  (IV-V)

A report on enrollment and ADA for the period April 25 to May 20, 2005 was presented.

MAY 2005 DISBURSEMENTS:

(IV-W)

A recap of the payments processed during the month of May 2005 was presented.

RESOLUTION - TRANSFER OF FUNDS TO HEALTH & WELFARE INSURANCE FUND:  (IV-X)

Approval was granted to adopt a resolution to transfer the amount of $1.25 million to the Health and Welfare Insurance Fund for expenditures in 2005-06.

RESOLUTION

NO. 57:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

ADOPTION OF 2005-06 BUDGET:  (V-A)

The 2005-06 budget has been compiled based on current guidelines and legislative actions.  It was moved by Mr. Garland, seconded by Mrs. Henry, that the budget be adopted as presented and that a public hearing for the adoption of the revised budget be set at 7:30 p.m. on Tuesday, August 30, 2005, at the District Education Center.  It was further moved that the Assistant Superintendent, Business Services, be authorized to make those changes required by interpretation of the law and pending legislative action prior to the adoption of the revised budget.  The Criteria and Standards and the Multi-year Projection documents are separate attachments.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

FIVE-YEAR DEFERRED MAINTENANCE PLAN AND FUND EXPENDITURES:

(V-B)

It was moved by Dr. Simons, seconded by Mr. Garland, to adopt a proposed Five-year Deferred Maintenance Plan and to fund expenditures to cover the period July 2005 through June 2010.

                                                Motion unanimously carried.

NOTIFICATION OF RESIGNATION FOR RETIREMENT INCENTIVE FOR DEA:

(V-C)

It was moved by Mrs. Henry, seconded by Mr. Garland, for the payment of $1,000 each to District Educators’ Association bargaining unit members who submitted a written letter of resignation for retirement purposes to become effective at the end of the working day on Friday, June 17, 2005.  The deadline for submitting such notification was March 15, 2005.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

ADMINISTRATIVE EVALUATION COMPETENCY:  (VI-A)

It was moved by Mr. Garland, seconded by Mr. Harper, to certify Edison High School staff member Newell Williams and Ocean View High School staff member Rod Raschke, who have exhibited competency in administrative evaluation pursuant to Board Policy 4315.1.

                                                Motion unanimously carried.

NEW BUSINESS:

Dr. Simons indicated a problem in beginning any form of negotiations with the City of Huntington Beach for the Wardlow School site, stating that this district will not be included.  After discussion, staff was directed to send a letter to Fountain Valley School District indicating that we are interested in purchasing this property, and requesting a response.

Discussion took place on the public communications concerning the Robin Orr matter.  Board members regretted that members of the public who spoke had left the meeting before this discussion.  It was agreed that the Board President would respond in writing to those parents, indicating that this is a closed matter, that due consideration was given to all input, and that the Board had directed staff to revisit the issue but came back with the same recommendation.  There would be no further action by Board members.  They expressed hope that parents would work with his replacement.

Mrs. Henry questioned procedure or protocol regarding voting on the budget.  She asked that when there is a 4-1 vote, that the dissenting Board member should explain his/her vote.

Ms Castrey addressed a communication from Disneyland and asked that congratulatory letters be sent to the honorees.

Dr. Simons thanked staff for the McCarthy update which he found to be very helpful.  It was agreed that in the future, copies would be made for sites and distributed for next time.

Discussion took place on graduation requirements.  Dr. Riley indicated that students are notified in advance if there is a potential of them not meeting all the requirements.  He will look at all different angles and comparisons across the County and come back to the Board.

Ms Castrey and Dr. Riley thanked DEA President, Dana Braun, on her last official attendance at a Board meeting.  Dana Braun thanked the Board.

ANY OTHER COMMUNICATION TO THE BOARD:  (VIII)

Lance Pinkham, parent, commented on an earlier comment by a Board member concerning voting.

CLOSED SESSION: (IX)

There was no closed session.

ADJOURNMENT:

The meeting was adjourned at 8:55 p.m.

______________________________

                           Clerk

______________________________

                        Secretary