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OFFICE OF THE SUPERINTENDENT
MEETING OF THE BOARD OF EDUCATION
MONDAY, JULY 12, 2010 1515 Hughes Way, Long Beach, CA 90810
A G E N D A
OPEN SESSION – 2:45 p.m., Room 464
ORDER OF BUSINESS 1. Call to Order
2. Announcements
In accordance with California Government Code Section 54950 and following, the various matters to be
considered in Closed Session today will be announced. 3. Public comments on items listed on the Closed Session agenda.
CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following
5. Confidential Student Matters Pursuant to CA Education Code Section 35146
6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools
8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/
K-8 Schools Principal, Middle K-8 Schools Assistant Principal, High School Principal, High School
Assistant Principal; Director, Assistant Director, Program Specialist; Program Administrator, Administrative Assistant
9. Conference with Legal Counsel--Anticipated Litigation
Initiation of litigation pursuant to subdivision (c) of Section 54956.9 (Four potential lawsuits). Significant exposure to litigation pursuant to subdivision (b) of CA Government Code Section 54956.9 (Three
potential lawsuits)
10. Conference with Legal Counsel--Existing Litigation
Pursuant to subdivision (a) of Section 54956.9 Case Nos. BC402931, 2008090863, SC.073008.560, SC.100608.562, NC 052821, OCR No. 09-09-1079, 09-09-1053, SC.072009.577, BC411504,
NC053373, 03-0406, LBU-04-100609, BC408755, 239-09/10 and 332-09/10
11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee
Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School
Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant
to Section 54957.)
OPEN SESSION – 5:00 p.m., Community Room
ORDER OF BUSINESS SUBJECT DISPOSITION
13. Pledge of Allegiance
and Call to Order
14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1
regarding actions taken in Closed Session will be made in writing at this time. The written report forms
will continue to be made available upon request to the Assistant Secretary of the Board of Education.
15. Public Hearing None Information
AGENDA - Board of Education Meeting July 12, 2010
Page 2
16. Call for Agenda Items for Separate Action/Adoption of the Agenda as Posted Action
17. Approval of Minutes June 14, 2010 Action
18. Communications None Information
19. Public Testimony on Items Listed on Agenda
(5 mins./Person, limit of 30 minutes)
20. Staff Report Race to the Top Information
21. Public Testimony on Items
Not Listed on Agenda
(3 mins/Person, limit of 30 minutes)
22. Business Items Action Items
Board Authorizations Action
Instruction Action Purchasing & Contract Report Consent/Action
23. Other Items Superintendent Items Student Readmits Action
Williams 4th Quarterly Report Information
24. Unfinished Business None Information/Action
25. New Business Board Policy 4040, Employee Use of Technology Action
Resolution 071210-A, Final Resolution Regarding
Reduction or Elimination of Certain Certificated
Services
Action
Staff Restoration Action
26. Report of Board Members Information
27. Announcements Information
28. Adjournment & Setting of
Next Meeting
The next regular business meeting will be held
on MONDAY, JULY 19, 2010.
ACCESS TO PUBLIC DOCUMENTS
Public records related to the open session agenda, that are distributed to the Governing Board less than 72 hours before a regular meeting, may be inspected by the public at the Board Office at 1515 Hughes Way, Long Beach, CA 90810, during regular business hours (8:00 a.m. to 4:40 p.m.).
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY
Any individual with a disability who requires reasonable accommodation to participate in a Board meeting may request assistance by
contacting the Superintendent's Office, 1515 Hughes Way, Long Beach, CA 90810; telephone: (562) 997-8240; fax: (562) 997-8280.
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Board of Education LONG BEACH UNIFIED SCHOOL DISTRICT
__________________________________________________________________________________
SUBJECT: Board Authorizations __________________________________________________________________________________
CATEGORY: Business Items Reason for Board Human Resource Services Consideration: Action
Date: July 12, 2010
__________________________________________________________________________________
Background: Education codes 44256(b), 44258.2, and 44263 expand the authorization for holders of Multiple Subject and Single Subject credentials, referred to as Board Authorizations. Board Authorizations are assignment options provided to employing districts and counties. School districts may expand subject authorizations only to teachers who hold a full credential (i.e., non-emergency, waiver, provisional internship, short term staff permit or intern). To teach in a subject area other than designated by the credential, a teacher must complete 12 semester units in the additional subject to be authorized for middle school. Teachers must complete 18 semester units in the additional subject to be authorized for high school. Recommendation: That the Board of Education approve the attached Board Authorizations. Prepared by: Approved and Recommended: Ruth Perez Ashley Christopher Steinhauser Assistant Superintendent Superintendent of Schools
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Board Authorizations, July 12, 2010
2009-2010 BOARD AUTHORIZATIONS
Name School Subject Banda, Tiffany Stephens Science Durazzo, Robert Jordan Math Hedley, Matthew Jordan Art Hines, Angela Marshall English Mc Golden, Marci Jo Butler English Nagano, Stephen Bancroft Math Nazario, Paula Hudson Spanish Neves, Maria Wilson Social Science Newell, Barbara Hudson Math Newell, Barbara Hudson Science Newidouski, Adara Jordan Health Science Newidouski, Adara Jordan Physical Education Nichols, Darren Reid Biology Nielson, James Cabrillo Physical Education Norman, Charles Hill French Peffers, Judith Marshall Math Rock, Charity Powell Math Rodriguez, Carina Franklin Math Scott, Allyson Marshall English Scott, Allyson Marshall Home Economics Smith, Leslie Washington Science
CONSENT ITEM
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
_________________________________________________________________________________ SUBJECT: Purchasing and Contract Report Enclosures CATEGORY: Business Items Reason for Board Consideration Action Business Department Date July 12, 2010 Contract Report The following contracts are included in the agenda and provided under separate cover: Head Start Agreement
1. Agreement 4126.01 with OPERATION SCHOOL BELL, to provide school uniforms and materials for children ages 4-5 years old participating in the Head Start School Readiness Program. Agreement effective July 1, 2010 through June 30, 2011. No cost to the District. [Originator-Head Start]
Instructional Support Agreements
2. Agreement 4011.01A with HELAINE BECKER, to provide an Author’s Day presentation for students at Chavez Elementary School. Agreement effective one day only, May 24, 2010. Total cost to be a maximum of $250. [Originator-Library Services/Funding-Gifts - Instructional Services]
3. Agreement 3642.03 with MEET THE MASTERS, INC., to provide art assemblies for students and in-service art lessons for teachers at Hudson K-8 School. Agreement effective September 28, 2010 through May 24, 2011. Total cost, including materials, to be a maximum of $3,923.93. [Originator-Hudson/Funding-Gifts to Elementary Sites]
License Agreements
4. Agreement 3959.02 with PENGUIN GROUP (USA), INC., for copyright license to print copies of “Two Kinds” from The Joy Luck Club, by Amy Tan, to be used in the 10th grade end-of-course exam. Agreement effective July 1, 2010 through June 30, 2012. Total cost to be a maximum of $150. [Originator-Deputy Superintendent/ Funding-Curriculum Services]
5. Agreement 3959.02A with PENGUIN GROUP (USA), INC., for copyright license to print copies of “Rules of the Game” from The Joy Luck Club, by Amy Tan, to be used in the 11th grade end-of-course exam. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $80. [Originator-Deputy Superintendent/Funding-Curriculum Services]
Reimbursement Agreements
6. Agreement 4016.01 with JEFF QUESENBERRY, for reimbursement of roundtrip mileage from home to bus stops on Catalina Island interior roads. Agreement effective September 9, 2009 through February 9, 2010. Mileage to be paid at IRS approved rate. Total cost not to exceed $1,250. [Originator-Avalon/Funding-Transportation:Home to School]
Purchasing & Contracts Report July 12, 2010 Page 2
7. Agreement 4049.01 with LONG BEACH COMMUNITY COLLEGE DISTRICT, to provide partial reimbursement of salary and benefits for the Long Beach Education Partnership Coordinator. Agreement effective July 1, 2010 through June 30, 2011. Reimbursement to be $10,000. [Originator-Superintendent]
Services Agreements
8. Agreement 1800.07 with COMMUNITY HOSPITAL OF LONG BEACH DBA OCCMED FIRST, to provide medical management services and additional services as necessary for Employment Physician Services. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $50,000. [Originator-HRS/Funding-Physician Services - Gen Admin]
9. Agreement 1989.07 with MAX D. FRALEY, to provide consulting and oversight services for the Long Beach School for Adults Film Forum including community relations, marketing, licensing, and program development. Agreement effective July 1, 2010 through June 30, 2011. No cost to the District. [Originator-LBSA]
Special Education Agreements
10. Agreement 4122.01 with PERRY PASSARO, PH.D., to provide an independent psycho-educational evaluation and IEP attendance for a student with exceptional needs. Agreement effective May 26, 2010 through October 31, 2010. [Originator-Spec. Ed./Funding-Spec. Ed.]
11. Agreement 4134.01 with HERSHEY TECHNOLOGIES, INC., to provide an in-depth special analysis of onsite document imaging needs for the Special Education Department. Agreement effective June 15, 2010 through December 30, 2010. Total cost, including travel related expenses, to be a maximum of $1,200. [Originator-Spec. Ed./Funding-Spec. Ed.:ARRA IDEA Part B, Sec 611, Basic Local Assistance*]
Special Education Individual Student Agreements
12. Agreements with the below-named to provide special education services for individual students with exceptional needs:
July 1, 2009 through June 30, 2010:
7200.19 ALTON SCHOOL 7212.29 CHILD NET YOUTH AND FAMILY SERVICES, INC. 7213.05 CINNAMON HILLS YOUTH CRISIS CENTER 7219.15 - .16 DEVEREUX TEXAS TREATMENT NETWORK 7245.117 - .126 REGENCY HIGH SCHOOL 7247.57 ROSSIER PARK SCHOOL 7263.15 THERAPEUTIC EDUCATION CENTER [Originator-Spec. Ed.]
Special Education Master Agreements
13. Agreements with the below-names as master contracts to provide special education services for students with exceptional needs. Individual contracts to be requested for each student as needed:
July 1, 2010 through June 30, 2011:
7301.01 ALTON SCHOOL 7323.01 EXCELSIOR YOUTH CENTERS, INC. 7325.01 FIVE ACRES SCHOOL 7326.01 FREEMAN ENRICHMENT CENTER
Purchasing & Contracts Report July 12, 2010 Page 3
7332.01 JUNIOR BLIND OF AMERICA 7333.01 LINDEN CENTER SCHOOL 7336.01 NEW HAVEN YOUTH & FAMILY SERVICES, INC. 7341.01 PERSONAL COACHING SYSTEMS 7348.01 SHILOH TREATMENT CENTER, INC., NPS 7357.01 YELLOWSTONE BOYS AND GIRLS RANCH [Originator-Spec. Ed.]
Special Education Reimbursement Agreements
14. Agreement SE0910-033 to authorize reimbursement of travel related expenses for parents of a student with exceptional needs who attends a residential non-public school effective July 1, 2008 through June 30, 2009. Amounts allowable for reimbursement to be determined by the student’s Individual Educational Program (IEP). [Originator-Spec. Ed./Funding-Transportation:Special Education (Severely Disabled/Orthopedically Impaired)]
15. Agreement SE0910-034 to authorize reimbursement of travel related expenses for parents of a student with exceptional needs who attends a residential non-public school effective July 1, 2009 through June 30, 2010. Amount allowable for reimbursement to be determined by the student’s Individual Educational Program (IEP). [Originator-Spec. Ed./Funding-Transportation:Special Education (Severely Disabled/Orthopedically Impaired)]
Student Teaching Agreement
16. Agreement 2967.02 with CALIFORNIA STATE UNIVERSITY, LONG BEACH, for students to be assigned to LBUSD for student teaching. Agreement effective July 1, 2010 through May 31, 2013. Contractor to pay the District $10 for FY11 and $20 for the remaining term of the agreement per semester unit of student teaching. [Originator-HRS]
Support Services Agreements
17. Agreement 2227.06 with TWINING LABORATORIES, INC., to provide material testing and inspection services at various District sites as needed. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $10,000. [Originator-Maintenance/Funding-Routine Restricted Maintenance]
18. Agreement 2270.03 with SCHOOL SERVICES OF CALIFORNIA, INC., to provide legislative advocacy and analysis services on behalf of the District. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $52,500. [Originator-CBFO/Funding-CBFO]
19. Agreement 2548.07 with THE PLANNING CENTER, to provide on-call CEQA/NEPA consulting services for various projects within the District. Agreement effective July 1, 2010 through June 30, 2011. Total cost, including reimbursable expenses, to be a maximum of $535,120. [Originator-Facilities/Funding-Facilities Administration; Building Fund:Non Matched Capital Projects (Measure A) & Bond Implementation Plan-Measure K; Capital Facilities Fund:Developer’s Fees]
20. Agreement 3158.04 with JOHNSTON INSPECTIONS, to provide professional inspection services in connection with the construction of various maintenance projects district-wide. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $10,000. [Originator-Maintenance/Funding-Routine Restricted Maintenance]
Purchasing & Contracts Report July 12, 2010 Page 4
21. Agreement 4028.01A with P. A. & ASSOCIATES, INC., to provide soil and asphalt testing and earthwork monitoring for the Pavement Improvement at the Twain Child Development Center Project. Agreement effective June 21, 2010 through December 31, 2010. Total cost, including reimbursable expenses, to be a maximum of $12,000. [Originator-Maintenance/Funding-Deferred Maintenance Fund:Deferred Maintenance-State]
22. Agreements with THE CHILDREN’S CLINIC, to operate Family Health Centers at the sites listed below. Agreements effective July 20, 2010 through July 19, 2015. No cost to the District.
4033.01A CHAVEZ 4033.01B HAMILTON 4033.01C INTERNATIONAL [Originator-Facilities]
23. Agreement 4113.01 with WINKLE SYSTEMS, to provide programming and ongoing
operating systems support for Personnel, Payroll, and Nutrition Services, and application upgrades. Agreement effective July 1, 2010 through June 30, 2011. Total cost to be a maximum of $120,000. [Originator-TISB/Funding-Information Services E-Rate]
24. Agreement 4127.01 with JONES AND MADHAVAN, to provide design services for retrofitting the pool main drain grates at Jordan, Lakewood, Millikan, Polytechnic, and Wilson high schools. Agreement effective June 10, 2010 through August 10, 2010. Total cost, including reimbursable expenses, to be a maximum of $6,000. [Originator-Maintenance/Funding-Routine Restricted Maintenance]
25. Agreement 4133.01 with PACIFIC GATEWAY WORKFORCE INVESTMENT NETWORK, for participation in the Hire-A-Youth Summer Youth Employment Training Program. Agreement effective July 1, 2010 through August 31, 2010. No cost to the District. [Originator-Business Services Administrator]
26. Agreement 6521.10 with WESTGROUP DESIGNS, INC., to provide architectural and design services for various school sites as needed. Agreement effective July 1, 2010 through June 30, 2011. Total cost, including reimbursable expenses, to be a maximum of $50,000. [Originator-Maintenance/Funding-Routine Restricted Maintenance]
Training Services Agreements
27. Agreement 3979.02 with OPPORTUNITY SCHOOLS, to provide staff development workshops for teachers at Bethany School. Agreement effective August 30, 2010 through August 31, 2010. Total cost to be a maximum of $3,000. [Originator-Special Projects/Funding-NCLB:Title II, Part A, Teacher Quality*]
28. Agreement 4130.01 with MEET THE MASTERS, INC., to provide in-service art lessons for teachers at St. Cyprian School. Agreement effective September 1, 2010 through June 30, 2011. Total cost, including materials, to be a maximum of $2,700.40. [Originator-Special Projects/Funding-NCLB:Title II, Part A, Teacher Quality*]
Purchasing & Contracts Report July 12, 2010 Page 5
Amend Agreements
29. Amend Agreement 3545.02B with HEAR TO TALK, to provide auditory verbal therapy for a student with exceptional needs, by changing the start date of the contract from February 23, 2010 to be February 22, 2010. All other terms and conditions to remain the same. [Originator-Spec. Ed.]
30. Amend Agreement 3576.02 with SPEECH AND LANGUAGE PROFESSIONAL SERVICES, to provide speech and language therapy services for students with exceptional needs, by changing the start date of the contract from September 9, 2009 to be September 8, 2009. All other terms and conditions to remain the same. [Originator-Spec. Ed.]
31. Amend Agreement 4072.01 with TWO HARBORS SCHOOL FOUNDATION, to provide reimbursement for costs to operate Two Harbors School for the 2010/2011 school year, to indicate the Foundation will reimburse the District up to $50,000 for costs associated with the operation of the school. All other terms and conditions to remain the same. [Originator-Superintendent]
32. Amend Agreement 6655.01 with MICHAEL AND PATRICIA CRAWLEY, to renew the lease of real property located at 1858 and 1860 Atlantic Avenue, Long Beach, for use by the Head Start Program. Agreement effective July 1, 2010 through June 30, 2011. Monthly rent to be $5,974. Total cost for this time period to be a maximum of $71,688. All other terms and conditions to remain the same. [Originator-Facilities/Funding-Child Development Fund:Head Start - Basic Grant]
33. Amend Agreement 7210.01 with CATHEDRAL HOME FOR CHILDREN, to provide special education services for students with exceptional needs (Master Contract) by adding travel related expenses for parent(s) as specified in student’s Individual Educational Program (IEP). All other terms and conditions to remain the same. [Originator-Spec. Ed./Funding-Spec. Ed.]
Amend Board Actions
34. Amend Board action of June 14, 2010 for Agreement 3919.02 with DR. MITCH PERLMAN, to provide an independent psycho-educational evaluation and IEP attendance for a student with exceptional needs. Agreement effective May 12, 2010 through June 10, 2010, to read: Agreement effective May 12, 2010 through June 30, 2010. All other terms and conditions to remain the same. [Originator-Spec. Ed.]
35. Amend Board action of June 14, 2010 for Agreement 3546.02A with ABBY ROSENBERG, to provide speech and language assessments and IEP attendance for a student with exceptional needs. To read: Agreement 3546.02A with ABBY ROZENBERG, to provide speech and language assessments and IEP attendance for a student with exceptional needs. All other terms and conditions to remain the same. [Originator-Spec. Ed.]
Approve Grant Agreements
36. Agreement 2664.03 with FIRST 5 LA, for Family Literacy Initiative Grant #00661 to provide a comprehensive family literacy program for children and their families. Agreement effective July 1, 2010 through June 30, 2011. Total grant not to exceed $90,000. [Originator-LBSA]
Purchasing & Contracts Report July 12, 2010 Page 6
37. Agreement 2664.03A with FIRST 5 LA, for Family Literacy Initiative Grant #00674 to provide a comprehensive family literacy program for children and their families. Agreement effective July 1, 2010 through June 30, 2011. Total grant not to exceed $90,000. [Originator-Head Start]
38. Agreement 4136.01 with FIRST 5 LA, for School Readiness Initiative Grant #00517 to provide a comprehensive school readiness program for children and their families. Agreement effective July 1, 2010 through June 30, 2011. Total grant not to exceed $537,104. [Originator-Head Start]
Bid Awards
Authorize Bid Awards
The following bids are included in the agenda and provided under separate cover:
Construction Bids 39. Award Bid No. 37-0910/12 for Locker Room Courtyard Remediation and Resurfacing at Avalon School and approve the contract with JORDAHL CONSTRUCTION, INC., for the amount of $225,000. [Funding-Building Fund:Non Matched Capital Projects (Measure A); County School Facilities Fund]
40. Award Bid No. 39-0910/90 for Transportation and Disposal of Soil at Avalon School and approve contract with HAZARDOUS WASTE TRANSPORTATION SERVICES, INC. (HTS), for the amount of $26,208.95. [Funding-Building Fund:Non Matched Capital Projects (Measure A); County School Facilities Fund]
Authorize Agency Bids
41. Authorize the use of the Fairfax County Public Schools RFP #10-155183-57, on an as needed basis for the purchase of art, classroom, school supplies and school supply related products from Office Depot and School Specialty, with the same advantages, terms, and conditions as allowed by Government Code 6500 et al. Authorization to be valid through March 31, 2015. (Contract values will vary) [Funding-Various]
42. Authorize the use of the Glendale Unified School District Bid #P-15 09/10, on an as needed basis for the purchase of computer equipment and related components from Hewlett-Packard with the same advantages, terms and conditions per Public Contract Codes 20118 and 20652. Authorization to be valid through April 20, 2015. (Estimated value up to $50,000 per year) [Funding-Various]
Authorize Bid Extensions
43. Extend Bid No. 02-0809/14 for Purchase of Computers (Price Agreement) for the period July 1, 2010 through June 30, 2011 with the following vendor: (Estimated value of $750,000)
GST INFORMATION TECHNOLOGY SOLUTIONS, INC. [Funding-Various]
44. Extend Bid No. 06-0809/91 for Purchase of HVAC Parts & Supplies for the period
July 1, 2010 through June 30, 2011 with the following vendors: (Estimated value of $120,000)
ALLIED REFRIGERATION, INC. JOHNSTONE SUPPLY, INC.
[Funding-Maintenance]
Purchasing & Contracts Report July 12, 2010 Page 7
45. Extend Bid No. 07-0809/14 for Purchase of Computer Parts for the period of July 1, 2010 through June 30, 2011 with the following vendor: (Estimated value of $100,000)
GST INFORMATION TECHNOLOGY SOLUTIONS, INC. [Funding-Maintenance/TISB]
46. Extend Bid No. 08-0910/47 for Automotive Repairs & Services for District
Vehicles (Price Agreement) for the period of July 1, 2010 through June 30, 2011 with the following vendors: (Estimated value of $95,000)
ALL STAR GLASS, INC. ARMADA FRAME & WHEEL ALIGNMENT C. W. SERVICES, INC. CALIFORNIA CLUTCH & GEAR, INC. INTERLIFT, INC. MINI COACH, INC. QUALITY SPEEDOMETER, INC., DBA SPEEDE
SPEEDOMETER & TACHOMETER SERVICE TRANSPLUS COMPLETE AUTO REPAIR WAYNE ELECTRIC CO. [Funding-Transportation]
Nutrition Services Bid Awards Authorize Bid Awards
The following bids are included in the agenda and provided under separate cover.
47. Award Bid No. FS326-1011/61 for the Purchase of Ready to Eat Cereal for the period of July 1, 2010 through June 30, 2011:
A & R WHOLESALE DISTRIBUTORS, INC. $ 55,723.50 PALMER & ASSOCIATES, INC.
$ 122,382.40
Authorize Bid Extension
48. Extend Bid No. FS323-0910/68 for the Purchase of Paper/Plastic/Food Wrapping/Non-Food Supplies for the period of September 1, 2010 through August 31, 2011:
AMERICAN PAPER & PLASTIC, INC. $ 7,681.60 CALICO INDUSTRIES, INC. $ 3,103.08 CARROLL MANUFACTURING & SALES CO. $ 41,545.25 CCP INDUSTRIES, INC. $ 29,450.00 FDS MANUFACTURING $ 7,133.70 FORM PLASTICS COMPANY $ 6,459.20 P & R PAPER SUPPLY CO. $ 27,950.50 PLASTIC PACKAGE, INC. $ 35,855.82 SANDLER BROS. $ 199.50 TEAM DISTRIBUTIONS, INC. $ 3,545.00 THE INDIVIDUAL GROUP $ 279,383.40 TRANSILWRAP COMPANY, INC.
$ 20,900.05
Purchasing & Contracts Report July 12, 2010 Page 8
Membership Approvals Authorize District 49. Approve District memberships in the following organizations: Memberships SCHOOL EMPLOYERS ASSOCIATION OF CALIFORNIA (SEAC) [Originator-Employee Relations/$4,139] URBAN EDUCATION DIALOG (VIA PRICE CHARITIES) [Originator-Superintendent/$3,000]
Use of School District Facilities Use of District Facilities
50. Organization/Event School/Permit Event/Facilities/Date
Alvarado ES
The Light Christian 1881 Event: Sunday Services
Fellowship Church (Cost) Facility: Auditorium
07/04/2010-12/26/2010
9:00 AM-1:00 PM
Avalon K-12
City Of Avalon Recreation 1890 Event: Youth Baseball Games
(Reciprocal) Facility: Field
06/20/2010-08/29/2010
3:00 PM-6:00 PM
Bancroft MS
Long Beach Parks And 1901 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Small
07/19/2010-10/04/2010
6:00 PM-10:00 PM
Long Beach Parks And 1905 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Small
07/09/2010-09/24/2010
6:00 PM-10:00 PM
Bixby ES
The Rock Christian 1906 Event: Sunday Services
Fellowship Church (Cost) Facility: Auditorium
07/04/2010-12/26/2010
8:00 AM-12:00 PM
Burnett PTA (Cost) Burnett ES
1861 Event: Carnival
Facility: Campus
06/24/2010 2:30 PM-4:30 PM
Purchasing & Contracts Report July 12, 2010 Page 9
Long Beach Parks, 1916 Event: Recreation Program
Recreation And Marine Facility: Playground
(Reciprocal) 07/03/2010-12/26/2010
10:30 AM-4:30 PM
Butler K-8
Rhema Word Bible Church 1908 Event: Sunday Services
(Cost) Facility: Auditorium, Classroom
07/04/2010-12/26/2010
9:00 AM-2:00 PM
Cabrillo HS
LBUSD Migrant Education 1856 Event: Annual Migrant Family
Program (Internal Use) Leadership Conference
Facility: Auditorium, Classroom
Kitchen
06/05/2010 7:00 AM-5:00 PM
Long Beach Parks And 1912 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
07/25/2010-10/24/2010
9:00 AM-5:00 PM
Viking Soccer Club (Cost) 1934 Event: Soccer Games
Facility: Field
07/06/2010-08/31/2010
6:00 PM-8:00 PM
Pangos Foundation (Cost) 1865 Event: Basketball Games
Facility: Gymnasium-Large
06/04/2010-06/06/2010
7:00 PM-10:00 PM
Homecourt Edge (Cost) 1900 Event: Youth Basketball
Facility: Gymnasium-Large
07/02/2010-09/29/2010
6:30 PM-7:30 PM
Cleveland ES
Cleveland PTA (Cost) 1855 Event: Carnival
Facility: Campus
06/04/2010 2:00 PM-7:00 PM
DeMille MS
Unreel Locations (Regular) 1887 Event: Jimmy Dean Commercial
Facility: Campus
06/14/2010-06/17/2010
7:00 AM-9:00 PM
Purchasing & Contracts Report July 12, 2010 Page 10
Gant ES
Anchor Community Church 1883 Event: Sunday Services
(Cost) Facility: Auditorium
08/29/2010-12/19/2010
9:00 AM-1:00 PM
Garfield ES
Long Beach Parks, 1917 Event: Recreation Program
Recreation And Marine Facility: Playground
(Reciprocal) 07/03/2010-12/26/2010
10:30 AM-4:30 PM
Hamilton MS
Fountain Of Life Covenant 1892 Event: Sunday Services
Church (Cost) Facility: Auditorium, Cafeteria,
Classrooms
07/04/2010-12/26/2010
8:30 AM-12:30 PM
Long Beach Parks And 1874 Event: Youth Tee Ball
Recreation (Reciprocal) Facility: Field
07/07/2010-08/11/2010
4:30 PM-7:30 PM
Fountain Of Life Covenant 1873 Event: All-Church Sports
Church (Cost) Activities
Facility: Field
06/27/2010-08/29/2010
11:30 AM-2:30 PM
Harte ES
Harte Elementary 1899 Event: 6th Annual Luau
(Internal Use) Facility: Campus
06/25/2010 2:00 PM-5:00 PM
Head Start
California State University 1921 Event: CDV 225 Class
Dominguez Hills (Cost) Facility: Classroom
06/29/2010-08/10/2010
5:00 PM-9:00 PM
Hill MS
Namaste Spiritual Center 1867 Event: Sunday Services
Church (Cost) Facility: Auditorium, Classrooms
07/04/2010-12/26/2010
8:00 AM-12:00 PM
Purchasing & Contracts Report July 12, 2010 Page 11
AYSO Region 177 (Cost) 1880 Event: Soccer Practice
Facility: Field
09/01/2010-11/05/2010
5:00 PM-7:00 PM
AYSO Region 177 (Cost) 1923 Event: Soccer Games
Facility: Field
08/28/2010-11/20/2010
12:00 PM-3:00 PM
Namaste Spiritual Center 1864 Event: Field Day and Open
Church (Cost) House
Facility: Field
07/18/2010 12:00 PM-3:00 PM
Long Beach Parks And 1933 Event: Adult Volleyball
Recreation (Reciprocal) Facility: Gymnasium-Small
08/10/2010-11/16/2010
6:00 PM-10:00 PM
Hoover MS
Tisha Entertainment, Inc. 1889 Event: Stage Drama
(Regular) Facility: Auditorium
07/17/2010 5:00 PM-10:00 PM
Greater Long Beach 1862 Event: Soccer Practice/Games
Soccer Club (Cost) Facility: Field
07/01/2010-09/30/2010
5:00 PM-8:00 PM
LBYSO (Cost) 1876 Event: Youth Soccer Games
Facility: Field
09/11/2010-12/04/2010
9:00 AM-5:00 PM
Long Beach Soccer Club 1858 Event: Soccer Practice
(Cost) Facility: Field
06/28/2010-08/31/2010
5:00 PM-8:00 PM
Long Beach Soccer Club 1888 Event: Soccer Games
(Cost) Facility: Field
09/11/2010-12/04/2010
9:00 AM-4:00 PM
Purchasing & Contracts Report July 12, 2010 Page 12
Long Beach Parks And 1896 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Small
07/07/2010-09/29/2010
6:00 PM-10:00 PM
Basketball Factory (Cost) 1914 Event: Youth Basketball Practice
Facility: Gymnasium-Small
07/09/2010-12/17/2010
6:30 PM-8:30 PM
The Wood Youth League 1932 Event: Youth Basketball Games
(Cost) Facility: Gymnasium-Small
07/17/2010-09/04/2010
9:00 AM-7:00 PM
Hughes MS
City Of Long Beach-8th 1866 Event: Councilwoman Rae
District (Reciprocal) Gabelich Community Meeting
Facility: Auditorium
06/10/2010 6:15 PM-8:30 PM
The Church Of Destiny 1882 Event: Sunday Services
(Cost) Facility: Auditorium, Cafeteria
Classroom
07/04/2010-12/26/2010
8:00 AM-12:00 PM
Church Of Christ-Iglesia Ni 1868 Event: Adult/Youth Basketball
Cristo (Cost) Tournament
Facility: Gymnasium-Small
08/07/2010-09/04/2010
10:00 AM-3:00 PM
Buckaneers (Regular) 1869 Event: Men's Basketball
Facility: Gymnasium-Small
07/07/2010-12/15/2010
6:15 PM-7:15 PM
Long Beach Parks And 1897 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Small
07/08/2010-09/30/2010
6:00 PM-10:00 PM
Bellflower Hoops (Cost) 1922 Event: Youth Travel Basketball
Facility: Gymnasium-Small
07/12/2010-12/17/2010
6:00 PM-8:00 PM
Purchasing & Contracts Report July 12, 2010 Page 13
Long Beach Parks And 1930 Event: Adult Volleyball
Recreation (Reciprocal) Facility: Gymnasium-Small
08/03/2010-11/16/2010
6:00 PM-10:00 PM
Jefferson MS
Glory Tabernacle Christian 1872 Event: Sunday Services
Church (Cost) Facility: Auditorium
07/04/2010-12/26/2010
9:00 AM-1:00 PM
All Star Youth Sports 1915 Event: Self-Defense
Program (Cost) Facility: Gymnasium-Small
07/15/2010-09/17/2010
5:30 PM-6:30 PM
Jordan HS
Long Beach Parks And 1929 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
06/27/2010-10/24/2010
9:00 AM-5:00 PM
Kettering ES
City Church (Cost) 1870 Event: Sunday Services
Facility: Auditorium
07/04/2010-12/26/2010
8:00 AM-1:00 PM
King ES
Youth Action For Christ 1884 Event: Sunday Services
Church (Cost) Facility: Auditorium
07/04/2010-12/26/2010
9:30 AM-2:30 PM
Greater Open Door Church 1904 Event: Church Parking
(Cost) Facility: Parking Lot
07/01/2010-12/30/2010
7:00 PM-9:00 PM
Long Beach Parks, 1918 Event: Recreation Program
Recreation And Marine Facility: Playground
(Reciprocal) 07/03/2010-12/25/2010
10:30 AM-4:30 PM
Purchasing & Contracts Report July 12, 2010 Page 14
Lakewood HS
Long Beach Parks And 1895 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
06/27/2010-10/24/2010
9:00 AM-5:00 PM
Lakewood Girls Soccer 1925 Event: Youth Soccer Camp
Booster Club (Cost) Facility: Field-Softball
07/12/2010-07/16/2010
9:00 AM-12:00 PM
The Wood Youth League 1927 Event: Basketball Practice
(Cost) Facility: Gymnasium-Large
07/12/2010-09/02/2010
6:30 PM-8:30 PM
Lakewood YMCA (Cost) 1936 Event: Youth Basketball
Facility: Gymnasium-Large &
Small
07/10/2010-08/28/2010
9:00 AM-2:00 PM
Lincoln ES
Long Beach Parks, 1919 Event: Recreation Program
Recreation And Marine Facility: Playground
(Reciprocal) 07/03/2010-12/26/2010
10:30 AM-4:30 PM
Lindsey K-8
Lindsey K-8 (Internal Use) 1860 Event: International Faire
Facility: Campus
06/11/2010 12:30 PM-2:30 PM
Longfellow ES
Long Beach Community 1913 Event: Farmers Market
Action Partners (Cost) Facility: Playground
07/11/2010-12/19/2010
7:00 AM-3:00 PM
Marshall MS
LBYSO (Cost) 1878 Event: Youth Soccer Games
Facility: Fields
09/11/2010-12/05/2010
9:00 AM-5:00 PM
Purchasing & Contracts Report July 12, 2010 Page 15
LBYSO (Cost) 1910 Event: Soccer Practice
Facility: Fields
07/12/2010-08/27/2010
5:00 PM-8:00 PM
Skyline Roof Co., Inc. 1863 Event: Adult Basketball
(Regular) Facility: Gymnasium-Small
07/12/2010-12/13/2010
5:00 PM-6:00 PM
Millikan HS
Long Beach Parks And 1911 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
06/27/2010-10/24/2010
9:00 AM-5:00 PM
Monroe K-8
LBYSO (Cost) 1926 Event: Soccer Games
Facility: Field
09/18/2010-11/21/2010
10:00 AM-7:00 PM
Newcomb K-8
LBYSO (Cost) 1877 Event: Youth Soccer Games
Facility: Field
09/11/2010-12/11/2010
9:00 AM-5:00 PM
Poly HS
Long Beach Parks And 1931 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
07/25/2010-10/24/2010
9:00 AM-5:00 PM
Unreel Locations (Regular) 1935 Event: AT&T Commercial
Facility: Campus
06/28/2010-06/29/2010
7:00 AM-7:00 PM
Iglesia La Gloria De Dios 1894 Event: Weekend Church Parking
Church (Cost) Facility: Parking Lot
09/11/2010-12/19/2010
7:00 PM-10:00 PM
Purchasing & Contracts Report July 12, 2010 Page 16
Robinson K-8
Artesian Well Church 1893 Event: Church Services/Bible
(Cost) Study
Facility: Cafeteria
07/06/2010-12/28/2010
7:00 PM-9:00 PM
Rogers MS
Long Beach Parks And 1903 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Small
07/08/2010-10/07/2010
6:00 PM-10:00 PM
Roosevelt ES
Roosevelt Elementary LB 1891 Event: Carnival
(Internal Use) Facility: Campus
07/02/2010 12:30 PM-3:30 PM
Stanford MS
Catalyst Christian 1857 Event: Sunday Services
Community Church (Cost) Facility: Auditorium, Cafeteria
Classroom
07/04/2010-12/26/2010
8:00 AM-1:00 PM
AYSO Region 177 (Cost) 1886 Event: Soccer Practice
Facility: Field
08/02/2010-11/05/2010
5:00 PM-8:00 PM
AYSO Region 114 (Cost) 1924 Event: Soccer Games
Facility: Field
08/14/2010-11/27/2010
9:00 AM-4:00 PM
Stephens MS
Greater Long Beach Soccer 1879 Event: Youth Soccer Games
Club (Cost) Facility: Fields
09/04/2010-12/19/2010
9:00 AM-5:00 PM
Stevenson ES
Long Beach Parks, 1920 Event: Recreation Program
Recreation And Marine Facility: Playground
(Reciprocal) 07/03/2010-12/26/2010
10:30 AM-4:30 PM
Purchasing & Contracts Report July 12, 2010 Page 17
Twain ES
Old Southern Christian 1898 Event: Sunday Services
Center Church (Cost) Facility: Auditorium, Classroom
07/04/2010-12/26/2010
9:00 AM-1:00 PM
Washington MS
Centro De Adoracion 1907 Event: Sunday Services
Church (Cost) Facility: Auditorium, Classrooms
07/11/2010-07/25/2010
9:00 AM-1:00 PM
Whittier ES
Antioch Church Of Long 1885 Event: Sunday Parking
Beach (Cost) Facility: Parking Lot
06/27/2010-12/26/2010
8:00 AM-3:00 PM
Wilson HS
Long Beach Parks And 1928 Event: Adult Baseball
Recreation (Reciprocal) Facility: Baseball Field
07/25/2010-10/24/2010
9:00 AM-5:00 PM
Long Beach Parks And 1902 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Large
07/06/2010-09/28/2010
6:00 PM-10:00 PM
Long Beach Parks And 1909 Event: Adult Basketball
Recreation (Reciprocal) Facility: Gymnasium-Large
07/10/2010-10/02/2010
9:00 AM-1:30 PM
Nutrition Services Purchase Orders
Approve District Purchase Orders
Approve Nutrition Services purchase orders written during the period May 1, 2010 through May 31, 2010. A detailed list of purchase orders is included in the agenda and provided under separate cover.
51. Regular 20685-20803 $422,554.87
Purchasing & Contracts Report July 12, 2010 Page 18
Recommendation Approve/Ratify the contracts and bid awards as listed above. Prepared by: Barrick L. Bartlett Cecelia Slater Purchasing and Contracts Director Nutrition Services Director (562) 663-3002 (562) 427-7923 Approved and recommended: Approved: Christopher J. Steinhauser Kim Stallings Superintendent of Schools Chief Business and Financial Officer BB/to
BOARD OF EDUCATION
LONG BEACH UNIFIED SCHOOL DISTRICT
____________________________________________________________________________
SUBJECT: WILLIAMS UCP Quarterly Report Enclosures: One
____________________________________________________________________________
CATEGORY: Superintendent’s Items Reason for Board
Consideration: Information
Date: July 12, 2010
____________________________________________________________________________
BACKGROUND:
The State of California settled the Williams v. State of California in late 2004, and since then
school districts, county offices, and the State have been implementing its various provisions. The elements of the settlement are designed to ensure certain standards of quality are followed
in providing instructional materials, assigning teachers, and maintaining facilities.
One element of the settlement, now found in Education Code section 35186(d), provides that quarterly reports summarizing complaints by subject area to be reported to the Governing Board
and the County Superintendent of Schools. The fourth quarterly report for the period April 1 to
June 30, 2010 is attached.
RECOMMENDATION:
That the quarterly report be received by the Governing Board and that staff be authorized to
provide a copy of the report to the County Superintendent of Schools.
Prepared by: Approved and Recommended by:
Pamela Seki, Director Christopher Steinhauser
Curriculum, Instruction & Superintendent of Schools Professional Development
Valenzuela/CAHSEE Lawsuit SettlementQuarterly Report on William Uniform Complaints
District Name: Long Beach Unified School District Date: July 1, 2010
Person completing this form: Pamela Seki Title: Director
Quarter covered by this report (Check One Below):
1st QTR July 1 to September 30 Due 15-Oct 2nd QTR October 1 to December 31 Due 15-Jan
3rd QTR January 1 to March 31 Due 15-Apr
X4th QTR April 1 to June 30 Due 15-Jul
Date for information to be reported publicly at governing board meeting: July 12, 2010
Please check the box that applies:
X No complaints were filed with any school in the district during the quarter
indicated above.
Complaints were filed with schools in the district during the quarter indicated
above. The following chart summarizes the nature and resolution of these
complaints.
Number of Complaints
Received in Quarter
Number of Complaints
Resolved
Number of Complaints
Unresolved
Instructional Materials
Facilities
Teacher Vacancy and Misassigment
CAHSEE Intensive Instruction
and Sevices
TOTAL
Print Name of District Superintendent
Signature of District Superintendent Date
Return the Quarterly Summary to:
Williams Legislation Implementation Project
Los Angeles County Office of Education
c/o Renee Jackson, Williams Central
9300 Imperial Highway, EC 236
Downey, CA 90242
Telephone: (562) 803-8227
FAX: (562) 401-5367
E-Mail: [email protected]. 01-25-08
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Chris Steinhauser
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Employee Use of Technology Enclosure: One Board Policy #4040
CATEGORY: Superintendent’s Item Reason for Board Consideration: Action Date: 07/12/10
BACKGROUND Board Policy 4040 Employee Use of Technology is a required policy for districts receiving technology funds under Title II, Part D of the No Child Left Behind Act as well as for districts receiving E-rate discounts. Further, 47 USC 254 requires districts to develop internet safety provisions which apply to students as well as adults using any district computer with internet access. Districts must operate and enforce technology protection measures that block or filter internet access to visual depictions that are obscene or child pornography. RECOMMENDATION Approve revised Board Policy 4040 Employee Use of Technology. Submitted by: Christopher Steinhauser Superintendent of Schools
PERSONNEL BP 4040 Employee Use of Technology The Governing Board recognizes that technological resources can enhance employee performance by offering effective tools to assist in providing a quality instructional program, facilitating communications with parents/guardians, students, and the community, supporting district and school operations, and improving access to and exchange of information. The Board expects all employees to learn to use the available technological resources that will assist them in the performance of their job responsibilities. As needed, employees shall receive professional development in the appropriate use of these resources. (cf. 0440 - District Technology Plan) (cf. 1113 - District and School Web Sites) (cf. 4032 - Reasonable Accommodation) (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) (cf. 6163.4 - Student Use of Technology) Employees shall be responsible for the appropriate use of technology and shall use the district's technological resources primarily for purposes related to their employment. (cf. 4119.25/4219.25/4319.25 - Political Activities of Employees) Employees shall be notified that computer files and electronic communications, including email and voice mail, are not private. Technological resources shall not be used to transmit confidential information about students, employees, or district operations without authority. (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) (cf. 5125 - Student Records) (cf. 5125.1 - Release of Directory Information) Online/Internet Services The Superintendent or designee shall ensure that all district computers with Internet access have a technology protection measure that prevents access to visual depictions that are obscene or child pornography and that the operation of such measures is enforced. The Superintendent or designee may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose. (20 USC 6777; 47 USC 254) To ensure proper use, the Superintendent or designee may monitor employee usage of technological resources, including the accessing of email and stored files. Monitoring may occur at any time without advance notice or consent. When passwords are used, they must be known to the Superintendent or designee so that he/she may have system access.
1
The Superintendent or designee shall establish administrative regulations and an Acceptable Use Agreement which outline employee obligations and responsibilities related to the use of district technology. He/she also may establish guidelines and limits on the use of technological resources. Inappropriate use may result in a cancellation of the employee's user privileges, disciplinary action, and/or legal action in accordance with law, Board policy, and administrative regulation. (cf. 4118 - Suspension/Disciplinary Action) (cf. 4218 - Dismissal/Suspension/Disciplinary Action) The Superintendent or designee shall provide copies of related policies, regulations, and guidelines to all employees who use the district's technological resources. Employees shall be required to acknowledge in writing that they have read and understood the district's Acceptable Use Agreement. (cf. 4112.9/4212.9/4312.9 - Employee Notifications) Use of Cellular Phone or Mobile Communications Device An employee shall not use a cellular phone or other mobile communications device for personal business while on duty, except in emergency situations and/or during scheduled work breaks. Any employee that uses a cell phone or mobile communications device in violation of law, Board policy, or administrative regulation shall be subject to discipline and may be referred to law enforcement officials as appropriate. (cf. 3513.1 - Cellular Phone Reimbursement) (cf. 3542 - School Bus Drivers) (cf. 4156.3/4256.3/4356.3 - Employee Property Reimbursement) Legal Reference: EDUCATION CODE 51870-51874 Education technology 52270-52272 Education technology and professional development grants 52295.10-52295.55 Implementation of Enhancing Education Through Technology grant program GOVERNMENT CODE 3543.1 Rights of employee organizations PENAL CODE 502 Computer crimes, remedies 632 Eavesdropping on or recording confidential communications VEHICLE CODE 23123 Wireless telephones in vehicles 23123.5 Mobile communication devices; text messaging while driving 23125 Wireless telephones in school buses
2
UNITED STATES CODE, TITLE 20 6751-6777 Enhancing Education Through Technology Act, Title II, Part D, especially: 6777 Internet safety UNITED STATES CODE, TITLE 47 254 Universal service discounts (E-rate) CODE OF FEDERAL REGULATIONS, TITLE 47 54.520 Internet safety policy and technology protection measures, E-rate discounts Management Resources: WEB SITES CSBA: http://w w w.csba.org American Library Association: http://w w w.ala.org California Department of Education: http://w w w.cde.ca.gov Federal Communications Commission: http://w w w.fcc.gov U.S. Department of Education: http://w w w.ed.gov Adopted: November 1, 2005 Revised: May 5, 2009 July 12, 2010 LONG BEACH UNIFIED SCHOOL DISTRICT
3.
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LONG BEACH UNIFIED SCHOOL DISTRICT
Resolution 071210-A
FINAL RESOLUTION REGARDING REDUCTION OR ELIMINATION OF CERTAIN CERTIFICATED SERVICES
(Education Code sections 44949 and 44955)
RESOLVED, by the Governing Board of the Long Beach Unified School District that:
WHEREAS, on February 16, 2010, and March 2, 2010, respectively, this Board adopted
Resolution Numbers 021610 and 021610-B reducing or discontinuing particular kinds of
services; and
WHEREAS, on or before March 15, 2010, pursuant to the direction of this Board, the
Superintendent and/or his designated representative(s) served notice to certain probationary and permanent certificated employees, that it has been recommended that each of their
services will not be required for the 2010-2011 school year, pursuant to Education Code
sections 44949 and 44955; and
WHEREAS, said notices served upon those probationary and permanent certificated employees advised them that they could request a hearing before the Governing Board to
determine if there was cause for not reemploying them for the 2010-2011 school year and that if
they failed to timely request a hearing, that failure would constitute the waiver of the right to a hearing, and his/her services would accordingly be terminated pursuant to the recommendation;
and
WHEREAS, the Board employs temporary certificated employees pursuant to Sections 44909 and 44920 of the Education Code; and
WHEREAS, Section 44954 of the Education Code permits the Board to release temporary certificated employees from employment, with limited restrictions; and
WHEREAS, notwithstanding the provisions of Section 44954 which allows for the
release, without a hearing, of temporary certificated employees, the Board directed Administration to initiate the procedure defined in Education Code sections 44949 and 44955 for
the dismissal of certificated employees related to the reduction or elimination of particular kinds
of services; and,
WHEREAS, although temporary certificated employees are not generally entitled to the
due process rights contained in Sections 44949 and 44955, because of uncertainty in the law,
this Board directed Administration to notify all temporary certificated employees that if they claimed they could not be released pursuant to Section 44954, and that they were entitled to a
hearing pursuant to Sections 44949 and 44955, they could request a hearing on the merits; and,
WHEREAS, said notices to temporary certificated employees stated that, in the event they claimed they were, in fact, probationary or permanent certificated employees of the District,
or otherwise believed that they were entitled to participate in the certificated layoff hearing
process, said notices should also serve as notices that it has been recommended that each of their services as probationary or permanent certificated employees will not be required for the
2010-2011 school year, pursuant to Education Code sections 44949 and 44955; and
2
WHEREAS, on or before March 15, 2010, pursuant to the direction of this Board, the
Superintendent and/or his designated representative(s) served notice to all temporary certificated employees, that it has been recommended that each of their services will not be
required for the 2010-2011 school year, pursuant to Education Code sections 44954, 44949 and
44955; and
WHEREAS, certain temporary, categorical, probationary, and permanent employees requested a hearing and thereafter became referred to as “Respondents;” and
WHEREAS, certain temporary, categorical, probationary, and permanent certificated employees did not request a hearing and, thereby, waived their rights under the Education Code
for a proposed determination of whether or not they were properly classified as temporary,
categorical, probationary, and/or permanent certificated employees, whether their seniority dates and other pertinent information were accurate, and ultimately whether they should be laid-
off from employment with the District; and
WHEREAS, those certificated employees that did not request a hearing were notified of their layoff following action by the this Board in Resolution Number 051110-C (resolution
regarding nonrespondents); and
WHEREAS, the Superintendent, or a designee in their official capacity, filed an Accusation against Respondents, and served Respondents with copies thereof; and
WHEREAS, included with the Accusation were related materials including a Notice of
Accusation which explained certain rights to Respondents, a form “notice of defense” which if returned to the District constituted a demand for a hearing, a “notice of hearing” that informed
Respondents of the date and time of the hearing before an administrative law judge, and
various Education and Government Code sections; and
WHEREAS, based on the demand for hearing by certain certificated employees, a full
quasi-judicial hearing took place on April 12, 15, and May 3, 4, 24, 25 and 26, 2010 to consider
whether Respondent temporary, categorical, probationary, and permanent certificated employees should be laid off; and
WHEREAS, continuances were granted by an administrative law judge assigned by the
California Office of Administrative Hearings from April 16 to May 3 and 4, 2010, from May 4 to May 24, 25, and 26, 2010, and from May 26 to June 21, 2010; and
WHEREAS, based on the continuances granted by an administrative law judge assigned by the California Office of Administrative Hearings, the statutory deadlines identified in
Education Code section 44949, subdivision (e) were extended by a number of days
corresponding to the length of the continuances; and
WHEREAS, the proposed decision of the administrative law judge assigned by the California Office of Administrative Hearings was received by the District on July 6, 2010, which
is within the statutory timelines as extended by Section 44949, subdivision (e); and
WHEREAS, this Board must take final action regarding whether to lay off certain certificated employees; and
WHEREAS, as part of this consideration, the Board has reviewed and analyzed the proposed decision of the administrative law judge and the evidence submitted during the
administrative hearing; and
3
WHEREAS, pursuant to Education Code section 44949(c)(3), “the governing board shall
make the final determination as to the sufficiency of the cause and disposition,” and “[n]one of the findings, recommendations, or determinations contained in the proposed decision prepared
by the administrative law judge shall be binding on the governing board;” and,
WHEREAS, the Superintendent has recommended, and this Board agrees, that certain temporary, categorical, probationary, and permanent certificated employees be issued final
notices of layoff or release that indicate their services will not be necessary following the 2009-
2010 school year; and
WHEREAS, the particular kinds of services to be discontinued and reduced as
referenced in Board Resolution Numbers 021610 and 021610-B are determined to be particular
kinds of services within the meaning of Education Code section 44955; and
WHEREAS, the particular kinds of services referenced in Board Resolution Numbers
021610 and 021610-B will be discontinued and reduced within the meaning of Education Code
section 44955 not later than the beginning of the 2010-2011 school year; provided, however, that the Board’s current review and analysis of the level at which the identified services should
be affected dictates fewer probationary and permanent employees should be laid off as
specified in this Resolution; and
WHEREAS, except as permitted by law and as defined in this Resolution, the services of
no probationary or permanent employee are being terminated, in whole or in part, while any
permanent, probationary, or any other employee with less seniority is being retained to render a service which said more senior employee is certificated and competent to render, within the
meaning of Education Code section 44955(b); and
WHEREAS, except as permitted by law, the individuals whose employment is being terminated, in whole or in part, are not certificated and competent (within the meaning of
Education Code section 44955) to render the service being performed by any employee with
less seniority who is being retained; and
WHEREAS, sufficient cause exists for the termination of certificated positions, and
pursuant to and within the meaning of Education Code section 44949, said cause relates to the
welfare of the schools and the pupils thereof.
NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct;
and
1. BE IT FURTHER RESOLVED that the proposed decision of the administrative law judge is attached as Exhibit A and incorporated into this Resolution as though fully set forth
herein; and
2. BE IT FURTHER RESOLVED that unless inconsistent with a provision of this Resolution, each of the Factual Findings 1 through 109 contained in the administrative law
judge’s proposed decision, including subparts, are adopted as the Factual Findings of this
Board as follows:
A. Factual Finding 16 is modified to delete the sentence that states “[t]he
parties failed to offer evidence describing the AP program; however, as Respondents failed to contest the appropriateness of identifying the AP
program for skipping, and there was no evidence establishing such a
finding, LBUSD’s skipping criteria for the AP program is deemed proper.”
The testimony by Ms. Ruth Perez Ashley established the AP program “is a very rigorous program . . . . There are [C]ollege [B]oard nonnegotiables
4
that required, again, intense training. We’re required to submit course
work in studies using college level textbooks, college level syllabus, [and extensive] hours for AP test taking.” [Day Seven: 78: 6-12].
B. Factual Finding 18 is modified to delete a portion of the second sentence
that states “skip IB teachers at the high school level.” The testimony by Ms. Ruth Perez Ashley established the District’s desire was to skip only
IB teachers at certain grade levels at the high school level. Ms. Perez
Ashley testified, “[t]he skipping that we are asking for in regards to the IB program is for the diploma program and grades 11 and 12.” [Day Seven:
74: 19-20].
C. The sentence, “[h]e did not receive his notice of preliminary layoff until March 30, 2010, as a consequence of his deployment location” contained
in Factual Finding 40 is modified to read “Although the District dispatched
his preliminary layoff notice prior March 15, 2010, as a consequence of
his deployment location, it was not received by Respondent Ehuan until March 30, 2010.”
D. Factual Finding 64 is deleted.
E. Factual Finding 65 is modified to delete Respondents Izumi, Breton, Lass,
and Perez from the first sentence of the finding. A review of the final
layoff list (Exhibit B) establishes that a final layoff notice was only requested for Respondent Mahoney.
F. Factual Finding 92 is modified to delete the sentence that states
“Respondent Schoettler’s first date of paid service therefore remains September 2, 2003.” The finding is modified to add a sentence that
states “Respondent attended NTI training between August 18 and 22,
2003. Therefore, Respondent Schoettler’s first date of paid service, and consequently her seniority date, is properly August 18, 2003.” This is
consistent with the stipulation of the parties that NTI training would be
credited toward the seniority dates of participating employees.
G. Factual Finding 93 is modified to delete the sentence that states “Respondent Towery’s September 3, 2002 seniority date remains
appropriate.” The finding is modified to add sentence that states
“Respondent attended NTI training between August 19 and 23, 2002. Therefore, Respondent Towery’s first date of paid service, and
consequently her seniority date, is properly August 19, 2002.” This is
consistent with the stipulation of the parties that NTI training would be credited toward the seniority dates of participating employees.
I. The sentence in Factual Finding 109 stating, “[n]o certificated employee
junior to any Respondent was retained to render a service that any Respondent is certificated and competent to render” is modified to add
the following as the first sentence of the finding: “Except as otherwise
provided in this decision, including Legal Conclusion 16, no certificated employee junior to any Respondent was retained to render a service that
any Respondent is certificated and competent to render.”
3. BE IT FURTHER RESOLVED that unless inconsistent with a provision of this Resolution, each of the Legal Conclusions 1 and 35 contained in the administrative law judge’s
proposed decision are adopted as the Legal Conclusions of this Board as follows:
5
A. Legal Conclusion 21 is modified to delete Respondents Izumi, Breton,
Lass and Perez from the first sentence of the conclusion. A review of the final layoff list establishes that a final layoff notice was only requested for
Respondent Mahoney.
B. The sentence in Legal Conclusion 35 stating, “[n]o certificated employee junior to any Respondent was retained to render a service that any
Respondent is certificated and competent to render” is modified to add
the following as the first sentence of the finding: “Except as otherwise provided in this decision, including Legal Conclusion 16, no certificated
employee junior to any Respondent was retained to render a service that
any Respondent is certificated and competent to render.”
4. BE IT FURTHER RESOLVED that unless inconsistent with a provision of this Resolution, the Order contained in the administrative law judge’s proposed decision is adopted
as the Order of this Board; and
5. BE IT FURTHER RESOLVED sufficient cause exists for the complete termination of the services of the employees in Exhibit B, which constitutes each employee’s
entire employment with this District unless specifically stated to the contrary and in the order indicated. The number references are to the Seniority List which was made a part of the record.
6. BE IT FURTHER RESOLVED that this Board hereby reaffirms that those
employees identified by the District as temporary certificated employees are released from employment pursuant to Education Code sections 44954, 44949 and 44955, and that nothing in
this Resolution or prior Resolutions of the Board shall be interpreted or applied to grant any
rights to such temporary certificated employees that are not required by law; and
7. BE IT FURTHER RESOLVED that the undisputed evidence establishes that each of the individuals listed as temporary certificated employees received notice, prior to their
first day of paid service, of the temporary nature of their employment and the anticipated length of their service, pursuant to Education Code section 44916; and
8. BE IT FURTHER RESOLVED that Education Code section 44909 provides that
“[t]he governing board of any school district may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted
under contract with public or private agencies, or categorically funded projects which are not
required by federal or state statutes,” and
9. BE IT FURTHER RESOLVED that the undisputed evidence establishes that this Board did, in fact, employ certain Respondents listed in Exhibit B directly in categorical
programs during the 2009-2010 school year, and;
10. BE IT FURTHER RESOLVED that Education Code section 44909 further
provides that “[t]he terms and conditions under which such persons are employed shall be
mutually agreed upon by the employee and the governing board and such agreement shall be reduced in writing,” and
11. BE IT FURTHER RESOLVED that the undisputed evidence establishes that
terms and conditions under which the individuals listed above were defined in a mutually agreed-upon contract between the employee and this Board; and
12. BE IT FURTHER RESOLVED that the undisputed evidence establishes that the
mutually agreed-upon contracts entered into by the employee and the Board designated the individuals listed in Exhibit B as “temporary certificated employees;” and
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13. BE IT FURTHER RESOLVED that the undisputed evidence establishes that
each of the individuals listed in Exhibit B received notice, prior to their first day of paid service, of the temporary nature of their employment and the anticipated length of their service, pursuant
to Education Code section 44916; and
14. BE IT FURTHER RESOLVED that service in a position authorized by Section 44909 may only be considered “probationary” service upon the occurrence of both of two
conditions precedent: “(1) such person has served pursuant to this section for at least 75
percent of the number of days the regular schools of the district by which he is employed are maintained and (2) such person is subsequently employed as a probationary employee in a
position requiring certification qualifications;” and
15. BE IT FURTHER RESOLVED that, at all other times prior to the occurrence of both of the two conditions precedent set forth in Paragraph 14, above, service pursuant to
Section 44909 is not considered probationary; and
16. BE IT FURTHER RESOLVED that it was not established by the evidence, and the administrative law judge did not find, that any of the temporary certificated employees listed
in Exhibit B have both (1) served at least 75 percent of the number of days the regular schools
of the district by which he or she is employed are maintained and (2) been subsequently employed as a probationary employee in a position requiring certificated qualifications; and
17. BE IT FURTHER RESOLVED that as a result of failure to meet each of the
conditions precedent set forth above, the individuals listed as temporary certificated employees in Exhibit B are not considered probationary certificated employees; and
18. BE IT FURTHER RESOLVED that Education Code section 44909 provides that
“[s]uch persons may be employed for periods which are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other
requirements of this code respecting the termination of probationary or permanent employees
other than Section 44918;” and
19. BE IT FURTHER RESOLVED that Section 44909 suggests that absent the
assured expiration of the contract or specially funded project, individuals employed pursuant to
Section 44909 may be terminated pursuant to the requirements of the Education Code respecting probationary and permanent employees; and
20. BE IT FURTHER RESOLVED that due to the uncertainty of the funding sources
associated with the categorical programs in which the temporary certificated employees listed in Exhibit B are employed, or the desire of this Board to control the allocation of specific
categorical funds in a manner deemed the most appropriate for the benefit and welfare of the
District’s students, it is necessary and appropriate to reduce or eliminate the programs listed in Exhibit A to this Board’s Resolution Numbers 021610 and 021610-B; and
21. BE IT FURTHER RESOLVED that because of the uncertainty in the law
associated with the release of employees serving in categorical programs pursuant to Section 44909, this Board’s Resolution Numbers 021610 and 021610-B directed administration to
accord all rights to the District’s temporary certificated employees to participate in the process
under the Education Code typically reserved for the termination of probationary and permanent
certificated employee, and that the undisputed evidence demonstrates that this District did, in fact, afford such rights to all temporary certificated employees; and
22. BE IT FURTHER RESOLVED that the employment of each of the certificated employees listed above be and hereby is terminated effective upon the close of this school year;
and
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23. BE IT FURTHER RESOLVED that the Accusations against all other
Respondents are dismissed and the Superintendent or his designee(s) are directed to convey to these Respondents that they are not subject to layoff or termination; and
24. BE IT FURTHER RESOLVED that the actions taken previously within Board
Resolution Numbers 021610 and 021610-B are reaffirmed, that nothing in this current Resolution supersedes the actions taken in Resolution Numbers 021610 and 021610-B, and
that nothing within this Resolution grants probationary status, reemployment rights, or any rights
not otherwise required by law to any of those employees listed above; and
25. BE IT FURTHER RESOLVED that all previously identified temporary certificated
employees released pursuant to this and prior Resolutions of this Board, even if not listed in
Exhibit B, shall not be accorded any status or rights not required by law; and
26. BE IT FURTHER RESOLVED that this decision is effective immediately without
any period for reconsideration, and that the Superintendent or his designee(s) may take such
actions as are necessary and appropriate to implement this Board’s decision, including at least giving appropriate notice to those certificated employees listed above of the termination of their
services because of discontinuances and reductions of particular kinds of services to take effect
upon the close of this school year, with these notices being given on or before the extended deadline for service after consideration of applicable continuances, in the manner prescribed in
Education Code section 44949; and
27. BE IT FURTHER RESOLVED that the Superintendent or his designee(s) are hereby directed to take into account all positively assured attrition, that is, all deaths,
resignations, and retirements, occurring following the Board’s adoption of its initial determination
to reduce certain certificated services and the date of this final resolution to reduce certain
certificated services, and that the Superintendent or his designee(s) determine whether fewer final notices of layoff may be sent to affected probationary and/or permanent certificated
employees as a result thereof; and
28. BE IT FURTHER RESOLVED that the Superintendent or his designee(s) are hereby directed to take into account all changed circumstances with respect to reinstatement of
funds or programs occurring following the Board’s adoption of its initial determination to reduce
certain certificated services and the date of this final resolution to reduce certain certificated services, and that the Superintendent or his designee(s) determine whether fewer final notices
of layoff may be sent to affected probationary and/or permanent certificated employees as a
result thereof; and
29. BE IT FURTHER RESOLVED that reemployment rights be afforded in
accordance with the Education Code to individuals with probationary or permanent status at the
time of this current layoff, if and when reemployment is offered and to the extent any reemployment rights are applicable to any of the above referenced employees; and
ADOPTED, SIGNED AND APPROVED by the Governing Board of Long Beach Unified School District this 12
th day of July, 2010.
___________________________________ President of the Governing Board for the
Long Beach Unified School District
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I, Christopher Steinhauser , Clerk of the Governing Board of Long Beach Unified
School District, do hereby certify that the foregoing Resolution was adopted by the Governing Board of said District at a meeting of said Board on the 12th day of July 2010, and that it was so
adopted by the following vote:
AYES: ______
NOES: ______
ABSTAIN: ______
ABSENT: ______
___________________________________
Clerk of the Governing Board of
Long Beach Unified School District
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
___________________________________________________________________
SUBJECT: Staff Restoration Enclosures: None
___________________________________________________________________
CATEGORY: New Business Reason for Board Consideration: Action
Date: July 12, 2010
___________________________________________________________________
The Board of Education directs the superintendent and staff to restore 200 teaching
positions in accordance with the Memorandum of Understanding (MOU) with the
Teachers Association of Long Beach (TALB). The positions should be restored
using the following recommendations:
a) 120 elementary positions
b) 80 secondary positions
Approved and recommended:
Christopher J. Steinhauser
Superintendent of Schools
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