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Governing Board
Hesperia Unified School District
Agenda

Meeting Type: Regular

Meeting Date: Apr 5, 2010

Location: Hesperia Administration and Educational Support Center(AESC) Annex

   

In compliance with the Americans with Disabilities Act, any individual with a disability who requires reasonable accommodation in order to participate in the public meetings of the district's governing board may request assistance by contacting superintendent's office, (760) 244-4411 x7201.

Public Documents relating to Open Session Agenda Items are available for review by the public at the Hesperia Administration & Educational Support Center, Receptionist Desk, 15576 Main Street, Hesperia, California.

4:00      P.M. — CALL TO ORDER
1.         ROLL CALL
2.         HEARING FROM THE AUDIENCE ON CLOSED SESSION ITEMS

            This is the time and place for the general public to address the School Board on any closed session item.  State law prohibits the School Board from addressing any issue not previously included on the Agenda.  The School Board may receive testimony and set the matter for a subsequent meeting.  Please limit comments to five minutes per individual.

            Please see the procedures under item #11 below.

3.         CLOSED SESSIONPursuant to Government Code Section 54957, the Board may adjourn to Closed  Session at any time during the meeting to discuss staff/student personnel matters, negotiations,  litigation, and/or the acquisition of land or facilities.    The Board will adjourn to Closed Session in the Personnel Conference Room to discuss and may take action on the following closed session items:

*AMENDED 4/1/10 ~ CLOSED SESSION ONLY

                                1.         CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9)
Case #CIVVS904495
Settlement: Case #CIVVS905776 & Case #CIVVS804917
2.         PUBLIC EMPLOYEE APPOINTMENT
Parent Community Liaison

    1. *Review/discussion/action ~ Employment Contracts of Superintendent, Asst. Supt., Business & Asst. Supt., Educational Services

                                3.         EMPLOYEE RESIGNATION/RETIREMENT
4.         PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/REASSIGNMENT/TRANSFER
5.         CONFERENCE WITH LABOR NEGOTIATOR
a.     Agency Negotiator:  Mark McKinney
Employee Organization:  Hesperia Teachers Association
b.     Agency Negotiator: Mark McKinney
Employee Organization:  Hesperia CSEA Chapter #684
6.         PUPIL PERSONNEL                                                                                                                                                              
4.         6:00 P.M. - RECONVENE IN OPEN SESSION The tentative time to begin Open Session is 6:00 p.m.; however, this could be delayed due to the length of time necessary to discuss issues in Closed Session.
5.         PLEDGE OF ALLEGIANCE – OAK HILLS HS JUNIOR ARMY ROTC
6.         REPORTING OUT OF CLOSED SESSION ACTION  At this time, Superintendent McKinney will report out any action taken in Closed Session and the votes of the Board.
7.         Student Representatives Mojave High School – Anthony Jacobs & Canyon Ridge High School – Paige Gamar.  The student representatives will give a report on activities and sports activities being held at each of their respective schools.
8.         Superintendent's Report The Superintendent will report on topics not on the agenda, report on committees, school visitations, recognition or other activities.
9.         APPROVAL OF AGENDA  —  At this time, the Board may request that certain items on the Consent List be pulled for separate discussion and/or action (Consent Items #13).  The Board is asked to approve the Agenda as submitted or amended.
10.        APPROVAL OF MINUTESThese are the minutes of the March 1, 2010 Special Board meeting and March 8, 2010 Board meeting.       PAGE 1
11.        Hearing from the Audience

This is the time and place for the general public to address the School Board on any matter within the jurisdiction of the Board.   State law prohibits the School Board from addressing any issue not previously included on the Agenda.  The School Board may receive testimony and set the matter for a subsequent meeting.  Please limit comments to five minutes per individual.

The Board respects the right of members of the public to speak to the Board regarding matters on the agenda and other matters within the jurisdiction of the Board.   Derogatory comments made at a Board meeting, which are repeated outside the context of a Board meeting, may be actionable as defamation.

In addition, the Board wishes to make clear that it is bound by the limitations set forth in Government Code Section 54957, which states that when specific complaints or charges are to be made against a District employee, such employee has the right to have such complaints heard in closed session and to be given prior notice that such complaints will be heard by the Board.  Therefore, members of the public who wish to lodge complaints against District employees are reminded that the Board cannot properly consider such complaints without giving prior notice to the named employee.

The Board also would like to remind anyone who wishes to lodge a complaint against a District employee that there is an existing Board adopted Policy in effect specifically for this purpose.  This policy contains a comprehensive procedure for reviewing and investigating public complaints, which includes a right of appeal to the Board.

This process provides a much more thorough opportunity for the complainant and the employee to be heard and the merits of the complaint to be properly investigated.

Anyone who wishes to receive a copy of this Policy may contact the Superintendent’s office.

Bylaw 9323(c) states that a person wishing to be heard by the Board shall first be recognized by the President and shall then proceed to comment as briefly as the subject permits.  Individual speakers shall be allowed five minutes to address the Board on each agenda or nonagenda item.  The Board shall limit the total time for public input on each item to 20 minutes.  With Board consent, the President may increase or decrease the time allowed for public presentation, depending on the topic and the number of persons wishing to be heard.  The President may take a poll of speakers for or against a particular issue and may ask that additional persons speak only if they have something new to add.   We have now incorporated the use of Speaker’s Cards into our procedures for addressing the Board.  If you wish to address the Board and have not completed a Speaker’s Card, please obtain one from Mrs. Gomez, Recording Secretary.

13.        CONSENT LIST It is recommended that the Board of Trustees consider approving a number of Agenda items as a Consent list.  Consent items are routine in nature, and can be enacted in one motion without further discussion.   The Board is asked to approve the Consent List as submitted or amended.                         PAGE 20


13.1

Ratify the Accounts Payable Warrant Register Report No. 09/10-10 These are various routine warrants that have been requested to pay for purchase orders and various expenditures.  The Board is requested to approve batches 2383 through 2739.

PAGE  21

13.2

Approval of Conference Report No. 09/10-9 These are various conferences and workshops that employees have asked to attend that need prior approval by the Board.

PAGE  75

13.3

Approval of Surplus Property Disposal This is to declare as surplus certain items of District property with an estimated value under $2,500.  The Board is also asked to authorize Carmen Becker and/or Dick Gary to dispose of said items in an appropriate manner in accordance with E.C. 17545-17555.

PAGE  80

13.4

Approval of Off-Campus Activities These are off-campus activities that have been submitted by the schools that need prior approval by the Board.

PAGE  83

13.5

Approval of Notice of Completion of Work at Krystal School of Math, Science & Technology   This is to approve a Notice of Completion of Work for Krystal School of Math, Science & Technology.  Filing the Notice allows for the final 10% retention payment to be paid to Parkwest Construction (payment released 35 days after notice is filed).

PAGE  186

                                                        *END OF CONSENT LIST*

14.        SPECIAL REPORTS                                                                                                     PAGE 190
14.1      Recognition of HUSD Science Fair Winners  Kathy Miller, AP-Lime St., and Darrel Nickolaisen, Coordinator II-Curriculum/Language Support Services will recognize the District’s Science Fair winners.           PAGE 191
14.2      Community Member  Request: Water Runoff Problem In Vicinity Of Oak Hills High School David McLaughlin, Asst. Supt., Business will update the Board on a community member request from Rick Maschek in relation to the most recent rain storms and the impact of water runoff in the vicinity of Oak Hills High School.
14.3      Community Member Request: Campaign Finance Reform  Superintendent McKinney will address the Board on a community member request from Al Vogler regarding the Board’s position on campaign finance reform.                 

15.        ACTION
PERSONNEL SERVICES
            15.1      DISCUSSION/ACTION – ADOPTION OF RESOLUTION NO. 2009/10-28 RESOLUTION AUTHORIZING CLASSIFIED SERVICES TO BE REDUCED AND/OR ELIMINATED FOR THE ENSUING 2010-11 SCHOOL YEAR  This is to adopt Resolution No. 2009/10-28 authorizing classified services to be reduced and/or eliminated for the ensuing 2010-11 school year and that this Board give notice to classified employees that their services will not be required and/or reduced for the ensuing school year as required by E.C. Sections 45114, 45115, 45117, 45298 and 45308.  Total Classified Positions:  Elimination: 9; Reduction in Days: 940.
PAGE 193
15.2      DISCUSSION/ACTION – ADOPTION OF RESOLUTION NO. 2009/10-29 RESOLUTION AUTHORIZING CLASSIFIED MANAGEMENT SERVICES TO BE REDUCED AND/OR ELIMINATED FOR THE ENSUING 2010-11 SCHOOL YEAR  This is to adopt Resolution No. 2009/10-29 authorizing classified management services to be reduced and/or eliminated for the ensuing 2010-11 school year and that the Board give notice to classified management employees that their services will not be required and/or reduced for the ensuing school year as required by E.C. Sections 45114, 45115, 45117, 45298 and 45308.  Total Classified Management Positions:  Elimination: 2; Reduction in Days: 58.                       PAGE 200
15.3      DISCUSSION/ACTION – ACCEPTANCE OF MOU BETWEEN CSEA CHAPTER #684 AND THE HESPERIA UNIFIED SCHOOL DISTRICT REGARDING BUDGET REDUCTIONS FOR THE 2010-2011 AND 2011-2012 SCHOOL YEARS The Board is asked to accept the MOU between CSEA Chapter #684 and Hesperia Unified School District to provide their share of budget reductions for the 2010-2011 and 2011-2012 school years due to the State’s financial crisis.                                                         PAGE 205
15.4      DISCUSSION/ACTION – APPROVAL OF EMPLOYMENT CONTRACTS FOR SUPERINTENDENT, ASST. SUPERINTENDENT-BUSINESS AND ASST. SUPERINTENDENT-EDUCATIONAL SERVICES The Board is asked to approve the employment contracts for Superintendent McKinney, David McLaughlin, Asst. Supt.-Business and Jovy Yankaskas, Asst. Supt.-Educational Services for the period July 1, 2010 to June 30, 2013.                  PAGE 209

           
            CURRICULUM & INSTRUCTION
15.5      DISCUSSION/ACTION – APPROVAL OF STUDENT ASSESSMENT AND ACCOUNTABILITY SUMMARY AND ON-GOING PLAN – The Board will discuss and may take action on the Student Assessment and Accountability Summary and Ongoing Plan for assisting our students with making grade level standards.  Mr. Bird will be available to respond to questions that the Board may have.          PAGE 231

            BUSINESS SERVICES
15.6      DISCUSSION/ACTION – APPROVAL OF REQUEST FOR ALLOWANCE OF ATTENDANCE BECAUSE OF EMERGENCY CONDITIONS – FORM J-13A This is to approve the Request for Allowance of Attendance because of Emergency Conditions (Form J-13A) for the school closure on January 22, 2010.  Approval of this request authorizes the District to disregard this day in the computation of ADA and obtain credit for instructional time for the days and instructional minutes that would have been regularly offered on this day pursuant to E.C. 46200.                                                                                      PAGE 248
15.7      DISCUSSION/ACTION/PUBLIC HEARING – APPROVAL OF SPECIFIC WAIVER REQUEST The Board is asked to conduct a public hearing and take action to approve the filing of a Specific Waiver Request with the California Department of Education for Grades 1-3 as provided under E.C. 41382.  Filing this waiver would allow the District to temporarily increase the class size cap and District average for these grade levels through June 2012.  PAGE 265
15.8      DISCUSSION/ACTION – AWARD OF RFP #10-100 FOR LEGAL SERVICES The Board is asked to award RFP #10-100 for Legal Services to Fagen, Friedman and Fulfrost; Atkinson, Andelson, Loya, Ruud and Romo; and Bowie, Arneson, Wiles & Giannone.                                                  PAGE 272
15.9      DISCUSSION/ACTION – APPROVAL OF REVISED FIVE YEAR DEFERRED MAINTENANCE PLAN This is to approve the revised Five Year Deferred maintenance Plan for the District.   PAGE 275

16.        INFORMATION ITEMS                                                                                              PAGE  284
16.1      Enrollment Update – David McLaughlin This is a Projection Compared to Actual Enrollment as of March 26, 2010.          PAGE 285
16.2      First Reading of Proposed Revision to Board Policy & Administrative Regulation 6163.4 – Instruction; Student Use of Technology – David McLaughlin These changes reflect the requirements of the Child Internet Protection Act (CIPA).                                                                                       PAGE 287
16.3      First Reading of Proposed Revision to Board Bylaw 9323 – Meeting Conduct – President BlackThese changes will facilitate modifications to the order of the Board agenda.            PAGE 297

17.        BOARD MEMBER'S REPORTIndividual Board members may wish to share information about topics not on the agenda, report on committees, school visitations or other activities.                                                              PAGE 307
18.        ITEMS FOR FUTURE BOARD MEETINGS Board members may request items to be placed on future Board meetings for a report or information.                                                                          PAGE 308
19.        NEXT MEETING DATE April 12, 2010 Finance/Facilities Workshop (Special Meeting); May 3, 2010 (Regular Meeting) @ Hesperia Administration & Educational Support Center (AESC Annex), 15576 Main Street, Hesperia.
20.        CLOSED SESSION (IF NECESSARY) - Pursuant to Government Code Section 54957, the Board may adjourn to Closed Session at any time during the meeting to discuss staff/student personnel matters, negotiations, litigation, and/or the acquisition of land or facilities.
21.        RECONVENE IN OPEN SESSION
22.        REPORTING OUT OF CLOSED SESSION ACTION
23.        ADJOURNMENT

DATE POSTED: Wed., March 31, 2010
AMENDED POSTED: Thurs., April 1, 2010