HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT
MINUTES OF REGULAR MEETING OF THE BOARD OF TRUSTEES
APRIL 20, 1999
| BOARD MEMBERS PRESENT: | Bonnie Bruce Bonnie Castrey Sallie Dashiell Matthew Harper Michael Simons |
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| BOARD MEMBERS ABSENT: | None | |
| ADMINISTRATIVE PERSONNEL PRESENT: | Susan Roper, Superintendent Patricia Koch, Asst. Supt, Business Services John Myers, Asst. Supt., Educational Services Jack Elsner, Interim Asst. Supt., Personnel/Emp Relations Carole Thomas, Executive Assistant |
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| ADMINISTRATIVE PERSONNEL ABSENT: | None | |
| PLACE AND DATE OF MEETING: | District Education CenterApril 20, 1999 | |
| CALL TO ORDER: | The meeting was called to order at 6:30 p.m. by the President, Mrs. Bruce. | |
| CLOSED SESSION: | The Board recessed to Closed Session at 6:35 p.m. to
consider: 1. Parent Appeals - Education Code section 35146
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| CALL BACK TO ORDER: | The meeting was called back to order at 7:30 p.m. Mrs. Bruce
announced that in Closed Session the Board took the following action:
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| MOMENT OF SILENCE: | Mrs. Bruce asked that a moment of silence be observed to remember those families in Colorado who had suffered an incredible loss to their community and asked that our prayers and thoughts be with them at this time. | |
| SECRETARIES WEEK: | In honor of Secretaries Week, Mrs. Bruce recognized Carole Thomas, Executive Assistant and Secretary to the Board, and support staff Sarah Nix and Shirley Hamilton. | |
| PLEDGE OF ALLEGIANCE: (II) | The Pledge of Allegiance was led by Carole Thomas. | |
| OPEN ENROLLMENT POLICY: | Ms Bruce asked for consensus on moving item VII-B, Open
Enrollment Policy, forward on the agenda, immediately following Public Communication to
the Board. It was moved by Ms Castrey, seconded by Dr. Simons, to make this move. Motion unanimously carried. |
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| APPROVAL OF MINUTES: (III-A) | It was moved by Ms Castrey, seconded by Ms Dashiell, to
approve the minutes of the regular meeting held March 9, 1999. Motion unanimously carried. It was moved by Dr. Simons, seconded by Ms Dashiell, to approve the minutes of the Study Session held March 23, 1999. Motion carried 4-1. Ms Castrey abstained due to her absence. |
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| BOARD COMMITTEE REPORTS AND ACTIVITIES: (III-B) | Board members representing the district on various committees presented reports and discussed activities. | |
| STUDENT BOARD REPRESENTATIVE REPORT: (III-C) | Alicia Lanz, Student Representative to the Board, presented a report. | |
| PUBLIC COMMUNICATION TO THE BOARD: (III-D) | Sylvia Garrett spoke on behalf of Tom Shaw concerning the
fund-raising efforts for the pool at Huntington Beach High School. Mrs. Bruce recognized Barbara Johnson, seated in the audience, and her husband, Tom, for their generous contribution to Take the Plunge. Cindi Arthur, parent, commented on the March 23, 1999 Study Session. |
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| BOARD POLICY REVISIONS - BOARD POLICY 5116.2 - INSTRUCTION - INTRA-DISTRICT OPEN ENROLLMENT: (VII-B) | Dr. Roper indicated that the Board Policy revision presented
to the Board represents what she believed to be in the best interests of all the students
in the district. She stated that we have listened carefully to many points of view from
people of good will who truly care about students and their programs. It is time now to
make a decision about the open enrollment policy. The essential question to ask ourselves
is, what will students gain and what will students lose? She stated that she
trusted that parents of students who were requesting transfers out of their schools have
carefully answered that question for their sons or daughters. She said that she would like
the Board to think about the students whose school of choice is their "home
school," the school in their attendance area. What will these students gain
and what will these students lose if the open enrollment policy is revised as presented.
She was particularly concerned that these students not lose; that their rights to a
quality education not be diminished in any way by the decision the Board would make that
evening. Dr. Roper indicated that Dr. Myers has responsibility for the implementation of the open enrollment policy in the district. She asked him to review the background of this implementation to bring everyone up to date about the recent recommendations of the Open Enrollment Task Force. Dr. Myers indicated that copies of the proposed Board Policy were available to the public at the back of the board room. Dr. Myers described the history of open enrollment in the district, referring to AB 1114, Alpert, in 1993 which required intradistrict open enrollment where capacity existed. This bill required that districts may not allow open enrollment to racially/ethnically isolate schools. At that time the district was 54 percent white student population, while Westminster High School was 26.5 percent white student population. As a result the district sought a legal opinion and Board Policy 5116.2 was implemented which limited open enrollment options at Westminster High School to a one-for-one basis. The MERITS program was initiated to provide increased options in science and mathematics for students at Westminster High School. In 1996, as staff was reviewing open enrollment, it was determined that the white student population at Ocean View High School had declined 5 percent in three years while the district had declined only 2 percent. Again, the district sought a legal opinion and as a result the board policy was revised for 1996-97 to limit Ocean View transfers to a one-for-one, the same as Westminster High School. At that time, the International Baccalaureate program was implemented to expand curricular options. In 1998, the district received correspondence from the Office for Civil Rights stating that they had received a complaint about the district policy. Because of the complaint, the Board requested clarification and an opinion from the State Attorney General. The Attorney General declined to issue the opinion pending the outcome of the federal case involving Pasadena Unified School District. In addition, the Office for Civil Rights would not render a decision in this matter and requested the district to review its policy, indicating they would critique our efforts by looking at the rationale we presented. In February 1999, the Board requested staff to form an Open Enrollment Task Force to review the board policy. The Board directed the Task Force to report back by the end of March. The Task Force met four times and on March 23 submitted three recommendations for Board consideration. After lengthy discussion, the Board directed staff to evaluate the recommendations and bring forth a recommendation for action. The Superintendent recommended Solution Recommendation No. 2 from the Task Force. Dr. Myers described the rationale for this decision, stating that a school is isolated if it falls 15 percent below the District ethnic majority percentage He outlined the rationale for the policy which:
Mrs. Bruce invited the public to make comments. The following people spoke to the issue: Brett Marymee, parent; Chuck Scheid, parent; Chad Morgan, parent; Kurt English; David Olson; Diane Eastman, community member; Patrick Moir; Michael Ragsdale; Ben Nielsen, parent; Bruce Crawford, parent; Jim Righeimer, community member; Dennis White, parent; Ken Studer, parent; Jeff Reardan, parent; J. Devin Dwyer, parent; Cindi Arthur, parent; Judy Ahrens, parent, and Fran Andrade, community member. Jonathan Rosen, student, presented the school’s student report on behalf of Ocean View High School. BP 5116.2 Instruction Intradistrict Open Enrollment It was moved by Ms Castrey, seconded by Dr. Simons, to approve the above policy for first reading in the continued revision of existing policies and administrative regulations. Mrs. Bruce asked Dr. Roper to introduce the district’s attorney to address legal issues so the Board could ask questions as they moved forward. Dr. Roper introduced David Larsen of Rutan & Tucker. Mr. Larsen reviewed legal issues and advised the Board that Proposition 209 did not alter the Board’s constitutional obligation to avoid racial/ethnic isolation of schools. Mr. Larsen stated that the policy is a reasonable policy and is defensible. Board members asked questions and Mr. Larsen responded. Dr. Simons raised a question about a sentence in the original policy which was proposed to be removed. The sentence read as follows: "If a school is declared to be ethnically isolated, the open enrollment process for the school affected will be limited." In response to Dr. Simons’ concern, Dr. Roper recommended that it be left in the revised policy. Following discussion, it was agreed also by Ms Castrey to leave it in. Mr. Harper discussed the proposed motion and asked the meaning of "ethnic majority." Dr. Myers responded that ethnicity is determined by the State for CBEDS data collection and indicated that definitions and categories may change. Mr. Larsen suggested that the committee may wish to look at socio-economic issues addressing diversity. Mrs. Bruce stated that it is important that the same message go out from school to school as there has been definite concern about the denial letters sent out to parents. Mr. Harper requested to amend the main motion as follows: "Eliminate the racial quota and instead make an affirmative statement that the Huntington Beach Union High School District shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of this policy for intra-district transfers." The amendment failed for lack of a second. Ms Dashiell encouraged Board members to vote on the policy as submitted, get a critique from the Office for Civil Rights, and modify the language, if necessary. She stated that the students who have petitioned for transfers next year should be able to go to the schools of their choice. She indicated the Board’s message should be clear - it will not tolerate attitudes or practices that give rise to isolated ethnic communities. She encouraged members to get on with the real work of developing exemplary programs that enhance diversity and assisting all students to meet their educational goals. AYES: CASTREY, SIMONS, DASHIELL, BRUCE NOES: HARPER ABSENT: NONE Motion carried 4-1. |
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Approval was granted for purchase orders in the amount of $1,252,982.89 as presented. | |
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Approval was granted for the Certificate and Classified Personnel Report No.10 as presented. | |
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Approval was granted for the professional and official business activities as presented. | |
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Approval was granted for the field trips as presented. | |
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The Governing Board determines 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. | |
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Approval was granted to enter into the nonpublic school contracts as presented, and the West Orange County Consortium for Special Education was authorized to receive invoices and process payment. | |
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Approval was granted for the district to reimburse the parents of an infant for respite care for an amount not to exceed $1,200. Respite care was determined to be an appropriate service under PART C criteria of the infant’s Individual Family Service Plan (IFSP). | |
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Approval was granted for an amendment to the student teaching agreement with California State University, Long Beach previously approved by the Board. The amendment covers a hold harmless clause that protects the district against liability damages. | |
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Approval was granted to commence the adoption of the new basic textbooks (tenth list) for the 1998-99 school year according to district policy. | |
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Approval was granted to adopt the new basic textbooks (eighth and ninth lists) for the 1998-99 school year. The thirty-day review period has been completed according to district policy. | |
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Approval was granted for Huntington Beach High School to submit an application to Edison International for a New Era Awards for Excellence in Education Grant in the amount of $5,000. If awarded, the funds will be used to support the "Check-It-Out" program, an after-school computer class for students who do not have access to computers at home. No matching funds are required. Authorization to expend funds upon receipt was granted. | |
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Approval was granted to accept third year Goals 2000 Educate America Act grant funds in the amount of $67,150 from the California Department of Education. Funds will be used to continue the implementation of the Local Improvement Plan at Westminster, Ocean View and Marina high schools. Funding is for the period July 1, 1998 through December 31, 1999. No matching funds are required. Authorization to expend funds upon receipt was granted. | |
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Approval was granted to participate in the 1999 Job Training Partnership Act (JTPA) Title IIB Summer Youth Program. WorkAbility staff will act as sub-contractor, with the Orange County One-Stop Center acting as fiscal agent. Anticipated funding in the amount of $178,655 is for the period April 1, 1999 through September 30, 1999. No matching funds are required. Authorization to expend funds upon receipt was granted. | |
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Approval was granted for an addendum to the
Interagency Agreement (No. 7) with Coastline Regional Occupational Program (CROP) for the
2-D Computer Graphics class at Marina High School. The addendum will allow CROP to
reimburse the district for a one-time expenditure for equipment up to $13,000. All other
provisions of the agreement, approved by the Board on February 10, 1999, remain the same. Mrs. Bruce thanked Ms Castrey for her diligence in facilitating the interagency agreement. |
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Approval was granted to dispose of the listed surplus/obsolete district vehicles by public auction through Nationwide Auctioneers. | |
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Approval was granted to approve Change Order No.
3 for $571 and to file a Notice of Completion on Contract 7297 for the Science Lab at
Fountain Valley High School by Warvi Construction Inc., and to pay the 10 percent
retention after filing. Mrs. Bruce invited community members to look at the science lab at Fountain Valley High School. |
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Approval was granted to purchase gasoline products through Nickey Petroleum Company (P/A Number X1000000031) using a contract of the County of Orange. | |
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Approval was granted for the Board to authorize the Assistant Superintendent, Business Services, to sign an agreement with Vavrinek, Trine, Day & Co., to provide accounting services for the Food & Nutrition Program at a cost of $4,500 through June 30, 1999. | |
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Approval was granted to submit a Renewal Request for Waiver of the Education Code section 49550, State Meal Mandate for the 1999 Summer Session, to the State Department of Education. | |
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Recaps of the payments processed during the months of February and March 1999 were presented. | |
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The report on enrollment and ADA for the period February 1-28, 1999 was presented. | |
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Approval was granted to adopt the resolution authorizing the borrowing of funds for fiscal year 1999-2000 and the issuance and sale of a 1999-2000 Tax and Revenue Anticipation Note in an amount not to exceed $9,500,000 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 note. The trust agreement, purchase agreement and preliminary official statement are on file in the Business Division. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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Approval was granted to adopt a resolution which authorizes transfers totaling $333,354 made within the approved budget of the General Fund for 1998-99. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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Approval was granted to authorize establishment of a new Fund 97 - General Long-term Debt Account Group to report the district’s long-term obligations in the manner required by the new Standardized Account Code Structure. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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Approval was granted to adopt a resolution and to enter into a Cooperative Program Agreement Renewal with the State of California Department of Rehabilitation for continued funding for the Transition Partnership Program. Total funding is in the amount of $314,494.64 for the period July 1, 1999 through June 30, 2000. Matching funds are required and will be provided from the special education teachers salary and benefits budget. Authorization to expend funds upon receipt was granted. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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Approval was granted to adopt a resolution and submit the combined Case Services Contract for the WorkAbility II/Adult School program for the 1999-2000 school year. The contract amount of $145,003 is funded jointly by the Department of Rehabilitation and Huntington Beach Adult School. Adult School will contribute 21.3 percent matching funds in the amount of $30,886. Authorization to expend funds upon receipt is requested. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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Approval was granted to adopt a resolution for the reduction of specific classified services as presented. | |
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AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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It was moved by Ms Castrey, seconded by Ms
Dashiell, to accept fourth year funding in the amount of $85,000 for Westminster High
School to continue the Bilingual Teacher Recruitment Academy. The funds will be used to
recruit, train and prepare students to pursue higher education in careers related to
teaching. Matching funds are required and will be met through existing categorical
resources. Authorization to expend funds upon receipt was granted. Motion carried 4-1. Mr. Harper voted no. |
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It was moved by Ms Castrey, seconded by Ms
Dashiell, to accept funding in an amount up to $25,000 from the California Department of
Education to support the International Baccalaureate (IB) Program at Ocean View High
School. No district matching funds are required. Authorization to expend funds upon
receipt was granted. Motion carried 4-1. Mr. Harper voted no. Ms Bruce indicated that there are only 32 schools in the state which have this very successful program. |
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| SPENDING PLANS FOR SITE BLOCK GRANTS: (V-A) | It was moved by Mr. Harper, seconded by Dr.
Simons, to approve spending plans for the 1998-99 site block grants for Edison, Ocean View
and Westminster high schools. Motion unanimously carried. |
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| SALE OF SURPLUS PROPERTY: (V-B) | It was moved by Ms Castrey, seconded by Ms
Dashiell, to receive the recommendation of the Board’s appointed school district
advisory committee finding that certain property on the southern boundary of Huntington
Beach High School is not needed for school purposes. Motion carried 4-1. Mr. Harper voted no. |
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| EXTENSION OF CONTRACT FOR ARCHITECTURAL SERVICES - HBHS SWIMMING POOL PROJECT: (V-C) | It was moved by Mr. Harper, seconded by Ms
Castrey, to expand the contract for architectural services with Y’Deen/Associates,
Architects, in order to proceed with the renovation of the Huntington Beach High School
swimming pool. Fees for these services will be borne by the Take the Plunge Foundation, at
an estimated $127,000, based on a $1.1 million pool project. Motion unanimously carried. Mrs. Bruce extended thanks to Tom and Barbara Johnson for their generous donation. |
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| EXTENSION OF KERRY CONSULTING GROUP’S CONTRACT FOR PERSONNEL SOFTWARE IMPLEMENTATION SERVICES: (V-D) | It was moved by Ms Dashiell, seconded by Ms
Castrey, to expand the scope of the contract with Kerry Consulting Group (KCG) to provide
services in conjunction with the district’s implementation of the Bi-Tech Human
Resource and Personnel Budgeting software packages available to the district through the
Orange County Department of Education. The cost of these services will be charged to the
Technology Supplemental Grant Fund. Sufficient funds are available at this time and the
costs will not exceed $20,000. Motion unanimously carried. |
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| RESOLUTION - CHANGE OF DATE FOR LINCOLN’S BIRTHDAY HOLIDAY: (VI-A) | It was moved by Dr. Simons, seconded by Ms
Castrey, to adopt the resolution which will allow the change of Lincoln’s Birthday
holiday from Friday, February 11, 2000 to Monday, February 14, 2000. California Education
Code section 37220 prescribes the dates upon which the public schools are to close in
observance of designated holidays. However, the Education Code section provides that the
governing board, by adoption of a resolution, may revise the date of any of the holidays
identified in subdivision (a). Motion unanimously carried. |
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| 1999-2000 SCHOOL CALENDAR: (VI-B) | The district’s proposed school calendar for the 1999-2000 school year has been reviewed by the three bargaining units and concurrence gained for its adoption. It was moved by Ms Dashiell, seconded by Ms Castrey, to adopt the 1999-2000 school calendar as presented. | |
| RESOLUTION NO. 38: | AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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| RESOLUTION - TEACHER APPRECIATION WEEK: (VI-C) | It was moved by Ms Castrey, seconded by Ms Dashiell, to adopt the resolution proclaiming the week of May 2-8, 1999 as "Teacher Appreciation Week. | |
| RESOLUTION NO. 39: | AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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| RESOLUTION - CLASSIFIED EMPLOYEES WEEK: (VI-D) | It was moved by Mr. Harper, seconded by Ms Castrey to adopt a resolution designating the week of May 17-21, 1999, as "Classified Employees Week. | |
| RESOLUTION NO. 40: | AYES: HARPER, SIMONS, CASTREY, DASHIELL, BRUCE NOES: NONE ABSENT: NONE Resolution unanimously adopted. |
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| BOARD POLICY REVISIONS: (VII-A) | It was moved by Ms Castrey, seconded by Mr.
Harper, to approve the following Board Policy for second reading and adoption in the
continued revision of existing policies and administrative regulations:
Motion unanimously carried. |
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| STUDENT EXPULSIONS: (VIII-A) | It was moved by Ms Castrey, seconded by Ms
Dashiell, that Brandon Contreras be expelled from the Huntington Beach Union High School
District for the remainder of the 1998-99 spring semester and the first semester of the
1999-2000 school year for violation of California Education Code 48900(b). It was further
moved that the expulsion for 1999-2000 be suspended and that Brandon be allowed to
re-enroll in an appropriate District program in September. Brandon will be notified of his
right to re-enroll in the District prior to the first semester 1999-2000. It was also
moved that Brandon participate in a counseling program during the period of expulsion. Motion unanimously carried. It was moved by Dr. Simons, seconded by Ms Dashiell, that Thang Nguyen be expelled from the Huntington Beach Union High School District for the remainder of the 1998-99 school year and the fall semester of the 1999-2000 school year for violation of California Education Code 48900(b). As he will be 18 years old in April 1999, Thang will not be eligible for readmittance to the District. It was further moved that he be enrolled in an Orange County Department of Education program for the remainder of this year. Motion unanimously carried. It was moved by Ms Dashiell, seconded by Dr. Simons, that Kendra Hoisington be expelled from the Huntington Beach Union High School District for the remainder of the 1998-99 school year through the summer session for violation of California Education Code 48900(b). She may request re-enrollment to an appropriate district program for the 1999-2000 school year. During the period of expulsion, It was moved that Kendra attend one of the Orange County Department of Education alternative schools. Motion unanimously carried. |
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| NEW BUSINESS: | Ms Dashiell indicated that she will be attending
the CSBA Governance Program during May. Ms Castrey announced that she has been reelected to the CSBA Delegate Assembly and will be traveling to Sacramento on April 30 for the May 1-3 Delegate Assembly meeting. Ms Castrey further requested that staff discuss with school principals the district’s commitment to safety and security in light of the Littleton, Colorado tragedy, with special emphasis on vigilance of dress code and the discipline matrix. Dr. Simons discussed the recent problems associated with the STAR testing program and lack of timeliness by Harcourt Brace. Following discussion, it was agreed to have Dr. Roper prepare a letter expressing our Board’s displeasure and seeing if the district can quantify the cost. Mr. Harper requested a list of the cases cited by Dave Larsen earlier in the meeting. Dr. Myers asked for clarification on Board Policy 5116.2. It was confirmed that the policy was approved for first reading and would be submitted for second reading and adoption on May 11, 1999. It was agreed to notify students in the meantime that the Board is contemplating a policy change which would affect their status. In light of various comments about how the Board addresses its goals and philosophy, Mrs. Bruce suggested reviewing its policies and bylaws. She discussed the Board’s commitment to collaborative working relationships with employees and community and among its own membership. She commented on the Code of Ethics established by the Education Code and its implications. She asked that copies of appropriate policies be distributed to all Board members. Mr. Harper commented on his understanding of the Open Enrollment Task Force process. Dr. Myers responded. |
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| Mrs. Bruce asked staff to send a letter of thanks to Phyllis
Helland, WASC Coordinator for the entire district. Dr. Koch asked if staff should send a letter of thanks to members of the District Advisory Committee on Surplus Property. It was agreed a letter should be sent. |
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| ANY OTHER PUBLIC COMMUNICATION TO THE BOARD: | David Olson, Alexandria Coronado, Patrick Moir and Kurt English each addressed the Board on the Open Enrollment issue. Mrs. Bruce responded to Mr. English and agreed to provide him with copies of the Board Policies and Bylaws to which she had referred. | |
| ADJOURNMENT: | The meeting was adjourned at 10:47 p.m. | |