BOARD MEMBERS PRESENT:

Bonnie Castrey

Susan Henry

Brian Garland

Matthew Harper

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Carol Osbrink, Asst. Superintendent, Educational Services

Kathy Miller, Asst. Superintendent, Personnel/Emp Relations

Stephen Ritter, Asst. Superintendent, Business Services

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

None

PLACE AND DATE OF MEETING:

District Education Center

October 11, 2005

CALL TO ORDER:

The meeting was called to order at 6:32 p.m. by the Board President, Ms Castrey.

CLOSED SESSION:  (I)

The Board recessed to closed session at 6:33 p.m. to consider a Parent Appeal – Education Code sections 35146 and 48260;  Public Employee Evaluation (Principals) - Government Code section 54957; and a Negotiations Update – Conference with Labor Negotiators concerning DEA, CSEA and HBPSA contracts – Government Code section 54957.6.  Present were Agency Negotiators Kathy Miller and Steve Ritter. Also present was Van Riley.

CALL BACK TO ORDER:

The meeting was called back to order at 7:44 p.m. Ms Castrey reported that the Board had been meeting to consider a parent appeal asking to modify an expulsion.  The Board, on motion from Dr. Simons, seconded by Mr. Harper, had agreed to modify the expulsion 5-0.  There was nothing else to report out regarding public employee evaluation or negotiations.

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 Board meeting held September 13, 2005.

                                                Motion unanimously carried.

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-B)

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

STUDENT BOARD REPRESENTATIVE REPORTS:  (III-C)

Jennifer Truong, Student Representative to the Board from Edison High School, presented a report.

SUPERINTENDENT’S REPORT:  (III-D)

Dr. Riley welcomed one new administrator to the district – Michael Corbin, Vice Principal, Westminster High School; and Shirley Vaughan and Neil Snowden, co-interim Principals of Westminster High School, and Dan Bryan, Vice Principal.

Dr. Riley referred to the Person to Person publication which contains several new articles, particularly one on the new district office which addresses questions from individuals.  He also pointed out the press release in School News.

Nelson Cayabyab, Director of Facilities, Transportation and Security, was thanked for providing a packet of materials on seismic retrofit at district schools.

PUBLIC HEARING –

SUFFICIENCY OF TEXTBOOKS AND INSTRUCTIONAL MATERIALS FOR

2005-06: (III-E)

A public hearing was held to accept input regarding the sufficiency of textbooks and instructional materials for the 2005-06 school year in the subject areas of Mathematics, Science, History/Social Science, and English/Language Arts (including English Language Development) that are consistent with the content and cycles of the curriculum frameworks adopted by the California State Board of Education.  This public hearing is required by Education Code section 60119.  Ms Castrey gaveled the hearing open.  There being no input, the hearing was declared closed.

PUBLIC HEARING – PERSONNEL COMMISSION NOMINEE: (III-F)

Pursuant to California Education Code section 45246, a public hearing was conducted regarding the Board’s appointment of Mr. Lloyd Vierra to the Personnel Commission.  Ms Castrey gaveled the hearing open.  There being no input, the hearing was declared closed.

PRESENTATION – PERSONNEL COMMISSION ANNUAL REPORT:

(III-G)

Mr. Lloyd Vierra, Chairperson, Personnel Commission, presented highlights of the Annual Personnel Commission Report, 2004-2005.  Ms Castrey asked that Mr. Vierra convey to his colleagues the Board’s thanks for the excellent relationship between the Personnel Commission and the Board of Trustees.

STAFF PRESENTATION – AVID PROGRAM AT WHS: (III-H)

Westminster High School staff presented information on the school’s AVID (Advancement Via Individual Determination) program.

PUBLIC COMMUNICATION TO THE BOARD:  (III-I)

Kalico Kelly, student, spoke on a cheerleading issue at Huntington Beach High School.  Jim Burch, DEA President; and Dan Shepard, staff member, spoke in support of the district’s three proposed resolutions opposing Propositions 74, 75 and 76.

CONSENT CALENDAR :  (IV)

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

                                                Motion unanimously carried.

APPOINTMENT TO THE PERSONNEL COMMISSION:

(IV-A)

Following the public hearing, approval was granted to reappoint Mr. Lloyd Vierra as the Board’s appointee to the Personnel Commission for a three-year term commencing December 1, 2005.

PURCHASE ORDERS: (IV-B)

Purchase orders in the amount of $17,886,273.23 were approved as presented.

PERSONNEL REPORT:  (IV-C)

Approval was granted for the Certificated and Classified Personnel Report No. 4 as presented, with addendum.

PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES:

(IV-D)

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

FIELD TRIPS:

(IV-E)

Approval was granted for the Field Trips as presented.

CONTRACTS AND CONSULTING AGREEMENTS:

(IV-F)

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 -

WOCCSE: (IV-G)

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

PARENT REIMBURSEMENT RELATED TO MEDIATION SETTLEMENT IN WOCCSE CASE SN 02-00400: (IV-H)

Approval was granted to reimburse a special education parent in the amount of $9,000 for compensatory educational services, reimburse the parent for $24,975 for designated instructional services and to pay for private occupational therapy consultation to staff for the 2005-06 school year as agreed to in the final settlement in the matter of California special education due process case SN 02-00400.

GENERAL RELEASE AND SETTLEMENT AGREEMENT – SPECIAL EDUCATION STUDENT AND PARENT – SEHO CASE SN 05-001345:  (IV-I)

Approval was granted for the General Release and Settlement Agreement between Huntington Beach Union High School District and a special education student and the parent as final resolution in the Special Education Hearing Office Case SN 05-001345.  All parties, including representing counsels, have agreed to the terms of the agreement.  The district agreed to reimburse the parent in an amount not to exceed $12,000 for educational assessments and services and attorney fees through June 16, 2006.

GENERAL RELEASE AND SETTLEMENT AGREEMENT – SPECIAL EDUCATION STUDENT AND PARENT: (IV-J)

Approval was granted for the General Release and Settlement Agreement between Huntington Beach Union High School District and a special education student and the parent as final resolution relating to the student’s educational program and services through August 30, 2006.  All parties have agreed to the terms of the agreement.  The district agreed to contract for individual counseling and family therapy services for an amount not to exceed $5,100 and to pay outstanding claims for attorneys’ fees in the amount of $4,000.

NEW TEXTBOOK ADOPTION – THIRD LIST: (IV-K)

Approval was granted to adopt the new basic textbooks (third list) for the 2005-06 school year.  The thirty-day review period has been completed according to district policy.

NEW TEXTBOOK ADOPTION – FOURTH LIST:

(IV-L)

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

APPLICATION FOR FUNDING - CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT:

(IV-M)

Approval was granted to submit an application to the California Department of Education for funding under Section 131 of the Carl D. Perkins Vocational and Applied Technology Education Act.  Preliminary funding allocation for the 2005-06 school year is in the amount of $280,328.  Funds will be used to support business education, industrial technology, family and consumer sciences, and agricultural programs.  No district matching funds were required.  Authorization to expend funds upon receipt was granted.

ACCEPTANCE OF GRANT FUNDING – ENHANCING EDUCATION THROUGH TECHNOL0GY (EETT): (IV-O)

Approval was granted to accept Title II, Part D, Enhancing Education Through Technology (EETT) formula grant funds in the amount of $23,906 for the 2005-06 school year.  Under this program, the California Department of Education has awarded federally funded grants to qualified school districts.  Funds must be used in accordance with our approved technology plan to increase student achievement through the use of technology in the classroom and to provide ongoing, high-quality staff development activities.  No district matching funds were required.  Authorization to expend funds upon receipt was granted.

CONTRACT CHANGE NOTICES: (IV-P)

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

NOTICE OF COMPLETION – WHS: (IV-Q)

Approval was granted to file a Notice of Completion on Contract 9704 for the New Roofing (2 buildings) at Westminster High School by Best Roofing, and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION – HBHS: (IV-R)

Approval was granted to file a Notice of Completion on Contract 9113 for Modernization Project #2 Water, Gas and Sewer Improvements at Huntington Beach High School by States Link Construction, Inc., and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION – HBHS: (IV-S)

Approval was granted to file a Notice of Completion on Contract 9497 for the Maintenance Building “V” at Huntington Beach High School by MSH Construction Company, and to pay the 10 percent retention after filing. 

AWARD OF BID:

(IV-T)

Approval was granted to award bid to the successful bidder 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.

APPROVAL OF PRE-QUALIFIED BIDDERS – LIST

NO. 4: (IV-U)

Approval was granted for List No. 4 of pre-qualified bidders for upcoming school repair and rehabilitation projects.

MASTER VENDOR LIST FOR 403(b) PLANS: (IV-V)

Approval was granted for adoption of the approved vendor list provided by Orange County Teachers Federal Credit Union and National Benefits Services, Inc. and any future modifications to that list based on the vendor meeting the program requirements.

SETTLEMENT AGREEMENT WITH POWERCOM COMPANY, INC.: (IV-W)

Approval was granted for a Settlement Agreement and General Release with Powercom Company, Inc. for electrical work performed at Fountain Valley High School in the amount of $43,177.72. 

ATTENDANCE AFFIDAVIT: (IV-X)

Approval was granted to execute the affidavit regarding “Request for Allowance of Attendance Because of Emergency Conditions” for Valley Vista High School on September 9, 2005.

AUGUST 2005 DISBURSEMENTS: (IV-Y)

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

INSURANCE AND WORKERS’ COMPENSATION CLAIM: (IV-Z)

Approval was granted to settle work injury claim No. 0030-03-00054 by Compromise and Release for $40,000.

RESOLUTION AND CERTIFICATION – SUFFICIENCY OF TEXTBOOKS AND INSTRUCTIONAL MATERIALS FOR 2005-06:  (IV-AA)

Following a public hearing, approval was granted for the adoption of the resolution and for the certification declaring that, for the 2005-06 school year, students were provided with sufficiency of textbooks and instructional materials that are aligned with the standards of the curriculum frameworks adopted by the State Board of Education in the four core areas: English/Language Arts, Mathematics, History/Social Science, and Science; 9-12 science laboratory equipment; and the elective courses of foreign language and health.  In order to receive state funding for textbooks, this resolution and certification are required by Education Code sections 60119 and 60422.

RESOLUTION

NO. 11:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – CLASSIFIED PERSONNEL REDUCTION:

(IV-BB)

Approval was granted to adopt a resolution for the reduction of specific classified services as presented.

RESOLUTION

NO. 12:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

APPLICATION FOR FUNDING - CAHSEE INTENSIVE INSTRUCTION AND SERVICES: (IV-N)

It was moved by Mrs. Henry, seconded by Ms Castrey, to submit the CAHSEE Intensive Instruction and Services Application to the California Department of Education.  Funding, under AB 128, has been allocated to assist schools in providing instruction and services for students in the class of 2006 who have not yet passed the California High School Exit Exam.  Anticipated amount for the district is $140,400 based on $600 per eligible student.  No district matching funds are required.  Authorization to expend funds upon receipt was granted.

QUARTERLY REPORTS ON WILLIAMS UNIFORM COMPLAINTS: (V-A)

The quarterly report presented was for the first quarter of the fiscal year 2005-06.

ARBITRAGE REBATE COMPLIANCE SERVICES: (V-B)

It was moved by Mrs. Henry, seconded by Mr. Garland, to enter into an agreement with BondLogistix, LLC, for the provision of arbitrage rebate compliance services in connection with the District’s Certificates of Participation, Series 2003 and General Obligation Bonds, Series 2004.

                                                Motion unanimously carried.

APPOINTMENTS TO MEASURE C INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE: (V-C)

It was moved by Mr. Garland, seconded by Mrs. Henry, for the appointments to the Measure C Independent Citizens’ Oversight Committee pursuant to Proposition 39 and Resolution Number 31 which was adopted by the Board on April 20, 2004.  They are: George Blanc, Fountain Valley Chamber of Commerce; and Constance Kohan, Westminster High School PTSA.

                                                Motion unanimously carried.

APPOINTMENT OF BOARD REPRESENTATIVE TO DISTRICT CURRICULUM COMMITTEE: (V-D)

Mrs. Henry volunteered to represent the governing board on the Curriculum Committee.  The Curriculum Committee, comprised of representatives from all sites, is being established to address district-wide issues regarding curriculum and instruction, such as graduation requirements, (including reinstating Health as a requirement), diploma options, course prerequisites, new course adoptions and textbook selection procedures.

It was moved by Ms Castrey, seconded by Mr. Harper, to appoint Mrs. Henry as Board Representative to the District Curriculum Committee.

                                                Motion unanimously carried.

RESOLUTION – CALIFORNIA SCHOOL AGE FAMILIES EDUCATION PROGRAM: (VI-A)

It was moved by Mrs. Henry, seconded by Mr. Garland, to adopt a resolution endorsing support of the California School Age Families Education (CAL-SAFE) Program.

RESOLUTION

NO. 13:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – OPPOSITION OF PROPOSITION 74:

(VI-B) (See revised version)

It was moved by Mrs. Henry, seconded by Ms Castrey, to adopt this resolution opposing Proposition 74, Public School Teachers; Waiting Period for Permanent Status, Dismissal Period.

Sean Fortner and Kathy Iverson, staff members, spoke in support of the resolutions.

RESOLUTION

NO. 14:

AYES:             HENRY, GARLAND, SIMONS, CASTREY

NOES:             HARPER

ABSENT:        NONE

                                                Resolution adopted 4-1.

RECESS:

A recess was called from 9:01 p.m. to 9:04 p.m.

RESOLUTION – OPPOSITION OF PROPOSITION 75:

(VI-C)  (See revised version)

It was moved by Ms Castrey, seconded by Mr. Garland, to adopt this resolution opposing Proposition 75, Public Employee Union Dues; Restrictions on Political Contributions, Employee Consent Requirement.  Monica Mora, Executive Director of DEA, and Kathy Iverson, staff member, addressed this issue.

Mr. Garland suggested removing the fourth “Whereas” paragraph as it did not strengthen the resolution.

Dr. Simons suggested this item be tabled as it did not come from CSBA and he was not sure this was something the School Board should take a position on.  It was moved by Dr. Simons, seconded by Mrs. Henry, to table.

                                    Motion failed 3-2.

                                    Dr. Simons and  Mrs. Henry voted yes.

Vote on main motion as written, with the exclusion of the words:  “WHEREAS, Proposition 75 is simply the first step in an effort by right-wing activists to advance their agenda to cuts in funding to public education, health care, and retirement; and”

RESOLUTION

NO. 15:

AYES:             HENRY, GARLAND, CASTREY

NOES:             HARPER

ABSENT:        NONE

ABSTAINED: SIMONS

                                                Resolution adopted 3-1.

RESOLUTION – OPPOSITION OF PROPOSITION 76:

(VI-D)  (See revised version)

It was moved by Mr. Garland, seconded by Mrs. Henry, to adopt a resolution opposing Proposition 76, The California Live Within our Means Act.

RESOLUTION

NO. 16:

AYES:             HENRY, GARLAND, SIMONS, CASTREY

NOES:             HARPER

ABSENT:        NONE

                                                Resolution adopted 4-1.

STUDENT EXPULSIONS: (VII-A)

It was moved by Dr. Simons, seconded by Ms Castrey, that Student No. 334770 be expelled from the Huntington Beach Union High School District for the fall semester of the 2005-2006 school year for violation of California Education Code 48900(c).  It was further moved that the student attend an Orange County Department of Education alternative program during the term of the expulsion.  In January 2006, the student will be notified of her right to request reenrollment into an appropriate District school.

                                    Motion unanimously carried.

It was moved by Mrs. Henry, seconded by Ms Castrey, that student No. 348181 be expelled from the Huntington Beach Union High School District for the 2005-2006 school year for violation of California Education Code 48900(b).  It was further moved that the expulsion be suspended and that the student be allowed to return to Westminster High School.

                                    Motion unanimously carried.

It was moved by Mr. Garland, seconded by Ms Castrey, that student No. 347808 be expelled from the Huntington Beach Union High School District for violation of California Education Code 48900(b).  It was further moved that the student complete her education through Garden Grove Adult School.

                                    Motion unanimously carried.

ANY OTHER COMMUNICATION TO THE BOARD:  (VIII)

Mr. Harper commented on his stance on the resolutions adopted earlier in the agenda.

Mrs. Henry thanked Nelson Cayabyab for the document providing updates on facilities issues in the district.  She asked if this could be distributed to the next PTSA roundtable meeting.

Mrs. Henry commented on the speakers to a cheerleading issue.

Ms Castrey reminded members of APA’s Phantom production opening on October 14.

At the last Board meeting, Dr. Simons addressed the issue of adopting a steroid policy.  This item will be brought to the Board for consideration at its November meeting.

Ms Castrey asked if there was interest in getting more information from the Anaheim Union High School District concerning a program on API scores.

ANY OTHER COMMUNICATION TO THE BOARD:  (IX)

Jim Burch thanked the Board for considering Propositions 74, 75 and 76, indicating that he was pleased with the outcome.

Monica Mora stated that she was hired by WOCUT as Executive Director, thanked the Board for opposing Propositions 74, 75 and 76, and invited Board members to visit the WOCUT office.

CLOSED SESSION: (XI)

There was no closed session.

ADJOURNMENT:

The meeting was adjourned at 9:52 p.m.

______________________________

                           Clerk

______________________________

                        Secretary