OFFICE OF THE SUPERINTENDENT MEETING OF THE · PDF filelicense agreements th ... 7213.05 cinnamon hills youth crisis center ... 7323.01 excelsior youth centers, inc. 7325.01 five acres

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.

1

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

2

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


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]


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*]


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]


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]


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


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



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


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


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



(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


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


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




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


08/07/2010-09/04/2010

10:00 AM-3:00 PM

Buckaneers (Regular) 1869 Event: Men's Basketball


07/07/2010-12/15/2010

6:15 PM-7:15 PM



07/08/2010-09/30/2010

6:00 PM-10:00 PM

Bellflower Hoops (Cost) 1922 Event: Youth Travel Basketball


07/12/2010-12/17/2010

6:00 PM-8:00 PM


Long Beach Parks And 1930 Event: Adult Volleyball


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



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



(Reciprocal) 07/03/2010-12/25/2010

10:30 AM-4:30 PM


Lakewood HS



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



(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


Facility: Fields

09/11/2010-12/05/2010

9:00 AM-5:00 PM


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



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


Facility: Field

09/11/2010-12/11/2010

9:00 AM-5:00 PM

Poly HS



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


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



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



(Reciprocal) 07/03/2010-12/26/2010

10:30 AM-4:30 PM


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



07/25/2010-10/24/2010

9:00 AM-5:00 PM


Recreation (Reciprocal) Facility: Gymnasium-Large

07/06/2010-09/28/2010

6:00 PM-10:00 PM


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


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


Resolved


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


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.

1

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

6

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

7

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

8

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


___________________________________________________________________

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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