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 #12. below.
3. CLOSED SESSION — 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. The Board will adjourn to Closed Session in the Personnel Conference Room to discuss and may take action on the following closed session items:
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
1) Case #CIVVS905776 2) Case #CIVVS804917
2. PUBLIC EMPLOYEE APPOINTMENT
Title: Certificated, Management and Classified Employees
3. EMPLOYEE RESIGNATION/RETIREMENT
4. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/REASSIGNMENT/TRANSFER
5. PUPIL PERSONNEL
6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Superintendent
7. 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
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 HIGH SCHOOL 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 — Hesperia High School – Cecilia Flores; Oak Hills High School – Katie Aragon; Sultana High School – Alyx Yankaskas; Mojave High School – James Amaya and Kelsey Green; Canyon Ridge High School – Taylor Lewis. The student representatives will give a report on activities and sports activities being held at each of the 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. BOARD MEMBER'S REPORT — Individual Board members may wish to share information about topics not on the agenda, report on committees, school visitations or other activities.
10. 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.
11. APPROVAL OF MINUTES — These are the minutes of the December 7, 2009 Board meeting. PAGE 1
12. 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 11
13.1 |
Ratify the Accounts Payable Warrant Register Report No. 09/10-7 — These are various routine warrants that have been requested to pay for purchase orders and various expenditures. The Board is requested to approve batches 1442 through 1727. |
PAGE 12 |
13.2 |
Approval of Conference Report No. 09/10-6 — These are various conferences and workshops that employees have asked to attend that need prior approval by the Board. |
PAGE 58 |
13.3 |
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 61 |
13.4 |
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 99 |
13.5 |
Approval of Increase in Hours to an Existing Classified Position —This is to approve an increase in hours from an existing 3.75 hr/day Bilingual Assistant position at Mission Crest to 5.00 hrs/day. The position has a work year of 181 days/year (10 months), funding from EIA. |
PAGE 102 |
13.6 |
Approval of Deductive Change Order #01 for Addition to Cypress Ave School (aka Cypress School of the Arts) — This is to approve a Deductive Change Order 01 for addition to Cypress Avenue School (aka Cypress School of the Arts) in the amount of $246,757.99. |
PAGE 104 |
13.7 |
Approval of Resolution No. 2009/10-21 Approving Annual and Five Year Report of School Facilities Fees for 2007/08— This is to approve Resolution No. 2009/10-21 Resolution of the Board of Trustees of the Hesperia Unified School District relating to information made available to the public in the form of a statutory school facility fees including alternative school facility fees report for FY 2007/08 in compliance with Government Code Section 66006. |
PAGE 113 |
13.8 |
Approval of Resolution No. 2009/10-22 Approving Annual and Five Year Report of School Facilities Fees for 2008/09 — This is to approve Resolution No. 2009/10-22 Resolution of the Board of Trustees of the Hesperia Unified School District relating to information made available to the public in the form of a statutory school facility fees including alternative school facility fees report for fiscal year 2008/09 in compliance with Government Code Section 66006. |
PAGE 131 |
13.9 |
Approval of Notice of Completion of Work at Cypress Avenue School aka Cypress School of the Arts, ASR Constructors — This is to approve the Notice of Completion of Work and its filing for the addition at Cypress Avenue School (aka Cypress School of the Arts). |
PAGE 149 |
13.10 |
Acceptance of the Summary and Disposition of the Williams’ Uniform Complaints for the Quarter Ending December 31, 2009 — This is to accept the Williams’ Uniform Complaint Report for the quarter ending December 31, 2009. |
PAGE 152 |
13.11 |
Approval of California Department of Education Secondary District Plan and Application for Work Experience Education Program — This is to approve the California Department of Education Secondary District Plan and Application for Work Experience Education Program. |
PAGE 155 |
13.12 |
Approval of Letter of Engagement for Non-Auditing Services with Eric Hall & Associates, LLC — This is to approve the letter of engagement for non-auditing services with Eric Hall & Associates, LLC, beginning January 12, 2010 through June 30, 2010 to review facility project accounting information. |
PAGE 173 |
*END OF CONSENT LIST*
14. SPECIAL REPORTS PAGE 180
14.1 District Accountability — Larry Bird, Director, will give a presentation on District Accountability.
14.2 Facilities Master Plan Status and Update — Ken Reynolds, President of School Works, Inc. will give a summary of the scope and work of the Facilities Master Plan.
14.3 HUSD Police Department Update — Chief Graham will give an update on police services and scheduling.
15. ACTION
15.1 DISCUSSION/ACTION – ELECTION OF VOTING REPRESENTATIVE AT ANNUAL ELECTION OF MEMBERS TO THE COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION AND TRI-AGENCY COMMITTEE — The Board is asked to elect a Board Representative (elector at annual election of County Committee members to the County Committee on School District Organization) and two Representatives and Alternates to the Tri-Agency Committee. PAGE 181
15.2 DISCUSSION/ACTION – ADOPTION OF HESPERIA UNIFIED SCHOOL DISTRICT’S INITIAL PROPOSAL TO THE HESPERIA TEACHERS ASSOCIATION AND CSEA CHAPTER #684 FOR THE 2010/11 COLLECTIVE BARGAINING AGREEMENTS — The Board is asked to adopt the District’s initial proposal to the Hesperia Teachers Association and CSEA Chapter #684 for the 2010/11 Collective Bargaining Agreements. By adopting the proposals, the District may begin contract negotiations with HTA and CSEA Chapter #684. PAGE 182
15.3 DISCUSSION/ACTION – CREATION OF TWO NEW SPECIAL EDUCATION ASSISTANT POSITIONS AT OAK HILLS HS — This is to approve the creation of two (2) Special Education Assistants for Oak Hills HS with a work year of 10 months, 181 days, 6.00 hours daily, funding from Special Education. PAGE 185
15.4 DISCUSSION/ACTION – CREATION OF NEW FOOD SERVICE WORKER POSITION AT EUCALYPTUS ELEMENTARY — This is to approve the creation of a 2.00 hour Food Service Worker position at Eucalyptus Elementary with a work year of 185 days (10 months), funding from Nutritional Services. PAGE 187
15.5 DISCUSSION/ACTION – CREATION OF NEW PARENT COMMUNITY LIAISON POSITION AT TOPAZ PREPARATORY ACADEMY — This is to approve the creation of a 3.00 hour per day Parent Community Liaison position at Topaz Preparatory Academy with a work year of 182 days (10 months), funding from Title I/EIA Funds. PAGE 189
15.6 DISCUSSION/ACTION – FIRST READING AND POSSIBLE ADOPTION OF PROPOSED REVISION TO BOARD BYLAW 9323.1 – BYLAWS OF THE BOARD; INVOCATIONS – The Board is being asked to waive the Second Reading and adopt at First Reading. This proposed revision deals with opening invocations before meetings of the Hesperia Unified School District Board of Trustees. Staff is recommending approval of Option #2. PAGE 191
15.7 DISCUSSION/ACTION – FIRST READING AND POSSIBLE ADOPTION OF PROPOSED ADMINISTRATIVE REGULATION 1270 – COMMUNITY RELATIONS; INVOCATIONS — The Board is being asked to waive the Second Reading and adopt at First Reading. This proposed Regulation would be in alignment with the proposed revision to Board Bylaw 9323.1. Staff is recommending approval of Option #2. PAGE 208
15.8 PUBLIC HEARING ON THE HESPERIA TEACHERS ASSOCIATION INITIAL PROPOSAL FOR NEGOTIATIONS WITH THE HESPERIA UNIFIED SCHOOL DISTRICT — Pursuant to Government Code Section 3547 et. Seq., the Governing Board will conduct a public hearing on HTA’s initial proposal for negotiations with the Hesperia Unified School District. PAGE 213
15.9 DISCUSSION/ACTION – SELECTION/PROCESS FOR DETERMINING LEGAL FIRMS AS PER DECEMBER 8, 2009 BOARD ACTION REGARDING LEGAL RFP — The Board will discuss and may take action to appoint a legal firm from staff’s recommendation or establish a special board meeting for the purpose of interviewing legal firms in open session. PAGE 215
15.10 DISCUSSION/ACTION – FIRST READING AND ADOPTION OF PROPOSED REVISION TO BOARD BYLAW 9120; BOARD MEMBERS — The Board is asked to waive the Second Reading and adopt at First Reading. This revision would place a yearly dollar amount cap on legal charges incurred by Board Members. PAGE 217
15.11 DISCUSSION/ACTION - FIRST READING AND ADOPTION OF PROPOSED REVISION TO BOARD BYLAW 9124; ATTORNEY — The Board is asked to waive the Second Reading and adopt at First Reading. This revision would allow Board members to consult legal counsel concerning appropriate School District matters. PAGE 220
15.12 DISCUSSION/ACTION - FIRST READING AND ADOPTION OF PROPOSED REVISION TO BOARD BYLAW 9140.1 – LABOR RELATIONS NEGOTIATORS — The Board is asked to waive the Second Reading and adopt at First Reading. This revision includes language to keep the Board apprised of negotiations so that they may consider how proposed contract provisions would affect the District’s short and long term fiscal, programmatic, instructional and personal goals through weekly updates and time in closed session. PAGE 225
16. INFORMATION ITEMS PAGE 230
16.1 Enrollment Update – David McLaughlin — This is a Projection Compared to Actual Enrollment as of January 4, 2010. PAGE 231
17. ITEMS FOR FUTURE BOARD MEETINGS — Board members may request items to be placed on future Board meetings for a report or information. PAGE 233
18. NEXT MEETING DATE — February 8, 2010 (Regular Meeting) @ Hesperia Administration & Educational Support Center (AESC Annex), 15576 Main Street, Hesperia.
19. 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.
20. RECONVENE IN OPEN SESSION
21. REPORTING OUT OF CLOSED SESSION ACTION
22. ADJOURNMENT