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ARTÍCULO 542. MEZCLAS BITUMINOSAS EN CALIENTE

Trustee Gebhardt made a motion to Approve all items on the Consent Calendar. The motion was seconded by Trustee Mei and carried unanimously with Student member Gupta voting aye.

Board of Education

BE 1 Approved minutes of the Board of Education meetings for July 21, 2010, August 11, 2010, August 20, 2010 and August 30, 2010.

Curriculum and Instruction

C&I 1 Adopted Resolution No. 017-1011, Proclaiming October 2010 as Character Education Month.

C&I 2 Approved Overnight Field Trip for Irvington High School, “We the People”

students to attend the Congressional Seminar in Washington, D.C., on October 9-16, 2010. Students will miss five (5) days of instruction.

Business and Finance

B&F 1 Approved Warrants as Listed by Number.

B&F 2 Approved Purchase Orders as Listed by Number.

B&F 3 Adopted Resolution No. 205-0910, Summary of Requests for Budget Adjustments – General Fund (01).

B&F 4 Adopted Resolution No. 206-0910, Summary of Requests for Budget Adjustments – General Fund (01) Fundraisers/Gifts & Donations FY 2009/10.

B&F 5 Adopted Resolution No. 207-1011, Summary of Requests for Budget Adjustments – Adult Education Fund (11).

Regular Meeting of the Board of Education Fremont Unified School District

September 7, 2010

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B&F 6 Adopted Resolution No. 208-1011, Summary of Requests for Budget Adjustments – Self Insurance Fund (67).

B&F 7 Adopted Resolution No. 209-1011, Summary of Requests for Budget Adjustments – School Facilities Fund ((35).

B&F 8 Adopted Resolution No. 210-1011, Summary of Requests for Budget Adjustments – Charter School Fund (10).

B&F 9 Adopted Resolution No. 211-1011, Summary of Requests for Budget Adjustments – Child Development Fund (12).

B&F 10 Adopted Resolution No. 212-1011, Summary of Requests for Budget Adjustments – Charter School Fund (10).

B&F 11 Adopted Resolution No. 010-1011, Summary of Requests for Budget Adjustments – General Fund (01).

B&F 12 Adopted Resolution No. 013-1011, Summary of Requests for Budget Adjustments – Child Development Fund (13).

B&F 13 Adopted Resolution No. 014-1011, Summary of Requests for Budget Adjustments – Adult Education Fund (11).

B&F 14 Adopted Resolution No. 020-1011, Gann Limit Estimated for 2010-2011, Gann Limit Recalculated Actual for 2009-10.

B&F 15 Adopted Resolution 022-1011, Signatories for Miscellaneous Cash Depository Account (Board of Education).

B&F 16 Adopted Resolution No. 023-1011, Signatories for Cafeteria Depository Account.

B&F 17 Approved Contract for Bond Performance and Financial Audits.

Employees – Certificated

ECE 1.1 Employment – Resignations ECE 1.2 Employment – Leaves of Absence

ECE 1.3 Employment – Leave of Absence - Partial

Fremont Unified School District September 7, 2010

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ECE 1.4 Employment – Temporary Contracts

ECE 1.5 Employment – Non-District Intern Contracts ECE 1.6 Employment – Rehire

ECE 1.7 Employment – Provisional/Emergency Contracts ECE 1.8 GATE Certification

ECE 1.9 Employment – Substitute Teachers

ECE 1.10 Reported Out on Action taken at Previous Board Meeting Employees – Classified

ECL 1.1 Approved classified employees’ Substitutes ECL 1.2 Approved classified employees’ Permanent

ECL 1.3 Approved classified employees’ Resignations/Terminations ECL 1.4 Approved classified employees’ Re-Hire

ECL 1.5 Approved classified employees’ Change of Status ECL 1.6 Approved classified employees’ Leaves of Absence

ECL 2.0 Approved Elementary Clerical Support Adjustments ECL 3.0 Approved classified employees’ Layoff

ORAL COMMUNICATIONS

Public Input

 Hiu Ng, parent, spoke about the district’s financial reports over the past two years, commenting on the reserves.

 Daniel Ascanio, parent of a Horner Jr. High student, expressed his frustration during Maze Days. He spent 2.5 hours just to get to the point where he paid. The process for each student was outrageous and they were training a person at the time which caused more time. The current system is not working.

Irvington High School was much quicker, why are the schools not set up the same way? He asked the Board to look into this matter for next year as parents can’t take this much time away from work to get their children through Maze Days.

 Dianne Jones, parent, spoke about the recent earthquake of 7.0 in New Zealand. There are 900 buildings designated as destroyed. We need to keep on top of our emergency preparedness as this is the type of quake we are looking at here.

Regular Meeting of the Board of Education Fremont Unified School District

September 7, 2010

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Business and Finance #18

President York opened the Public Hearing at 7:30 p.m. on the Developer Fee Fund – Financial Statements for FY 2009-10. There being no speakers, the public hearing was closed.

Business and Finance #19

Assistant Superintendent of Business, Bill Stephens, introduced the Patterson Ranch update and Gail Hashimoto and Therese Gain. Gail Hashimoto presented the information on Patterson Ranch through a power point presentation.

The presentation was an overview of the current options and data on schools in the surrounding areas of the Patterson Ranch development. Information on the current configuration of the proposed development and its potential impact on Fremont Unified School District were shared including the Overview of Elementary Student Housing Options. The six options for consideration are:

1. New school on West Parcel 2. New school at Nordvik Park

3. Increase capacity at multiple existing sites 4. Increase capacity at single existing site.

5. Reconfigure program facility (e.g., K-3, 6-8, K-8).

6. House students outside the American attendance area where capacity exists.

Public Input

 Hiu Ng, parent, thanked staff for the detailed information. He reminded the Board that there is strong opposition to this development in the community. In a major earthquake this land would be like Jell-O and urged the Board to continue to oppose the development. He stated he doesn’t know where FUSD would find the money.

 Carin High, community member, expressed concerns about micro organisms in the soil and the bio-remediation in the area West of Ardenwood. Will it work? The public will have ample opportunity to speak on this issue in the future.

Trustees expressed their appreciation to staff for the model report and clear and concise presentation.

Comments by the Board:

 Developers either owe us to mitigate or they run the risk of sending students elsewhere in the district to attend school.

 The Board has the authority to reassign students to another attendance area(s).

 We are out of options

 We do not have the money to build a school.

 Option 6 is the most feasible, but not the best for students.

 Look into all liabilities, costs, environmental issues as we move forward, have answers to all questions.

 Developers should not be committing to prospective buyers a particular attendance area/school.

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 Concern expressed about what the developer fee will be in 2015.

 Keep communicating with developers.

 We have student population challenges.

 Highlight secondary impacts to American High School and Thornton Jr. High these are large schools without space.

 There is no obvious solution at this time.

 This is a result of poor planning decisions made back in the 1980’s.

 Nordvik Park is not a real option.

 Keep pursuing expansion options.

 Are there any plots of land available to purchase?

 We need to continue to get feedback from the community and the community needs to give the City of Fremont their feedback.

 Current proposal of dollars doesn’t address our needs and without the money, the only option that is feasible is Option 6.

 Explore parkland at single existing site in Option 4.

 Page 30 (overload data) of the power point does not show the cumulative number of students being overloaded. Add additional data to these this slide and place on the FUSD web site.

 Note on web site any upcoming meetings for the public.

 Parents need to know that Option 6 is a very viable option so that they can bring it up to the City.

Business and Finance #20

Bill Stephens, Assistant Superintendent of Business, introduced the item to accept the 2009-2010 Ending Balance & Unaudited Financial Report, and provided information via a power point presentation. (See attached.)

State law requires that by September 15 of each year, the governing board review and accept for submission to the CDE the unaudited financial report from the prior year. The ending unrestricted fund balance has the legally mandated 2% reserve for economic uncertainties. The reserve for economic uncertainties, plus the undesignated reserve, represents a 9% reserve, which will be needed to offset any future State deficit.

Public Input

 Hiu Ng, parent, shared that the district needs to do a better job at predicting, $4 million is too much money.

Board Trustees thanked staff for the presentation and expressed their appreciation for all of the work they have done. They commented that we are doing everything we can to try to provide a stable education for our students and asked staff to provide a community workshop and involve the Financial Advisory Committee (FAC) to reach out to the public to teach them how to read FUSD financial documents.

Regular Meeting of the Board of Education Fremont Unified School District

September 7, 2010

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Trustee Gebhardt made a motion to Accept the 2009-10 Ending Balance & Unaudited Financial Report. Trustee Wu seconded the motion, which carried unanimously with Student member Gupta voting aye.

Business and Finance #21

Dr. Morris introduced the item to allocate $1 million from IMFRP Tier III funding. President York opened the public hearing at 8:03 p.m., there being no speakers the public hearing was closed. Assistant Superintendent of Business, Bill Stephens shared the background and need for the allocation.

The Enacted 2009-10 California State Budget and SBX3 4, Chapter 12, Statutes of 2009 authorizes school districts to use funding received from the State for Tier III Programs, for any educational purpose, to the extent permitted by federal law. The flexibility to use funds from these programs is authorized for five years from 2008-09 through 2010-13 by Education Code 42605.

Trustee Gebhardt made a motion to approve the sweep and use of IMFRP funds to meet educational needs. Trustee Wu seconded the motion, which carried unanimously with Student member Gupta voting aye.

Curriculum and Instruction #3

Superintendent Morris introduced the item to Appoint Attendance Area Commissioners for the Advisory Commission on Instructional Equity.

Public Input

 Ann Crosbie, parent and Chair spoke on her own behalf expressing her frustration that they had no knowledge this was placed on the agenda and there is a feeling that they are not getting the respect they deserve. This Commission is very important and we would like your continued support.

Board Trustees talked about a uniform application being requested in the past, for all committees and commission to have common information; to make the application available online and to have an entry for applicants to identify themselves as incumbents or to indicate whether they have ever served on the Equity Commission in the past.

Dr. Morris shared with the Board that both he and Dr. Sims, Assistant Superintendent of Instruction, have made a commitment and will be attending the first meeting to communicate and provide tasks for the 2010-11 school year.

Trustee Mei made a motion to confirm the appointments of Sridevi Ganti as Alternate Commissioner for the American Attendance Area; Natalia Skolnik as Teacher Commissioner for the Irvington Attendance Area; and Ann Crosbie as a Parent Commissioner for the Washington Attendance Area. Trustee Gebhardt seconded the motion, which carried unanimously with five ayes and Student member Gupta abstaining.

Fremont Unified School District September 7, 2010

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Curriculum and Instruction #4

Trustee York introduced the item to appoint members to the Health & Sex Education Advisory Committee (HSEAC).

The HSEAC provides the Board of Education with informed recommendation on the best curriculum and materials available for health and sex education instruction for students in our District.

Recommendations of the committee are shared with the Teachers’ Health/Science Subject Area Committee. Votes from both groups are provided to the Board of Education for consideration.

Public Input

 Ann Crosbie, parent, pointed out that this is a difficult tome to have this vote, there has been no time to do recruitment and scheduling a new member’s time difficult on short notice. and therefore, the timing is not beneficial

 Dianne Jones, parent and applicant shared that she turned in an application, but was never notified that her application was received or that this item was coming to the Board. Mrs. Jones also expressed her concern as a parent about the outdated videos shown to fifth graders last spring and that there are no written materials.

 Nadine Camara, parent and member of the HSEAC, spoke on her own behalf, stating that the timing of this vote has been awkward. In September, there is no time for advertising and expressed that for her personally, it is better done at the end of the school year. She also shared that her son now attends the magnet program at Irvington but her residence remains in the Washington attendance area.

Student member Gupta share information that SURFBoardE will have two members appointed to attend the first meeting of HSEAC.

Board Trustees stated that student members who serve on the HSEAC need to have parental permission and that they be from two different attendance areas. They also expressed to staff to look at notifying applicants when their application is received for consideration, and to revisit the bylaws to tag this for a vote at the end of the year and to be absolutely certain that all information be compliant with State law.

Concern was expressed that the composition of this committee does not reflect our district and to have a place on the application to indicate if there is any affiliation with vendors or with any providers of materials.

Trustee Gebhardt made a motion to affirm the ballot of fourteen appointments to the HSEAC.

Trustee Mei seconded the motion which carried unanimously with five ayes and an abstention of Student member Gupta.

Appointed members: (14) Two-year term:

Parent Members: Kelleen Bush Elizabeth Champion, Dianne Jones, Livia Quan, Kathy Velasco, Kathleen Walter

Community Members: M. Anne Damron, Susan O’Neil, Catherine Layden

Regular Meeting of the Board of Education Fremont Unified School District

September 7, 2010

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One-year term:

Parent Members: Lucienne Bouvier, Nadine Camara, Catherine Critchfield Community Members: Catherine Norman, Carol Zilli

Employees Certificated #2

Superintendent Morris stated that staff is trying to be proactive and brings this new policy forward for Board approval to address nepotism. Assistant Superintendent Betando introduced the First Reading of New Board Policy 4112.8, Regular Personnel and the review of the new Administrative Regulation.

Board Trustees made suggestions for changes to language in the board policy and administrative regulation to include:

 Add to Board Policy: step brother, step sister to the list of relatives, paragraph 3.

 Remove language under Definitions in Administrative Regulation under b)

Trustees thanked staff for being proactive and asked them to review the area of conflict of interest.

Trustee Gebhardt made a motion to approve the First Reading of New BP 4112.8, Regular Personnel with changes. Trustee Wu seconded the motion, which carried unanimously with Student member Gupta voting aye.

Board Reports

Trustee Sweeney shared an update from the Mission Valley Regional Occupation Program (MVROP).

Tuesday, September 21, 2010, is the dedication of the new Fire Science Building at 4:00 p.m.

Trustee Wu talked about her visits to elementary schools on the First Day and thanked Dr. Morris for encouraging her to be there on the first day.

Board of Education #2 Agenda

Consent item with an update on the SFS funds expenditures in the future Update on the Federal Jobs Bill

Information on School Site Council trainings District wide information on Bullying Assemblies

Look at the feasibility of a Later Start Time to possibly begin at the semester Discussion on a TRAN

Updates on Patterson Ranch

Board of Education #3 – Calendar - None

The meeting was adjourned at approximately 10:17 p.m.

Fremont Unified School District September 7, 2010

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Approved: Respectfully submitted

___________________________ _________________________

President James Morris, Ed.D.

Secretary to the Board &

District Superintendent

___________________________

Clerk

Regular Meeting of the Board of Education Fremont Unified School District

September 22, 2010

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Adopted Minutes

Regular Meeting of the Board of Education Fremont Unified School District

September 22, 2010

President York called the meeting to order at 5:01 p.m. in the City of Fremont City Council Chambers.

The meeting was adjourned to Closed Session at 5:02 p.m., and reconvened to Open Session at 6:42 p.m.

Pledge of Allegiance Roll Call:

Present: Trustees, York, Gebhardt, Mei, Sweeney, Wu, Student member Gupta Absent:

•ORAL COMMUNICATIONS – (Items listed for Closed Session)- None

•APPROVAL OF AGENDA

Trustee Gebhardt moved to Approve the Agenda. The motion was seconded by Trustee Mei , which passed unanimously with Student member Gupta voting aye.

•CLOSED SESSION REPORT

Superintendent Morris reported the Board took action to Approve two legal settlements with a unanimous vote of five ayes; #2008090878/2008100774 and #201010060313.

•REPORTS

Superintendent’s Report

Dr. Morris’ report shared information on the Academic Performance Index Report & ACT Trends &

Performance Update which was presented by Roxane Jablonski-Liu, Director of Assessment. Dr. Morris also shared information on the “Great American School Supply Giveaway” held on Saturday, September 18 where 4000 students and families received school supplies. Dr. Morris applauded Judith Cameron, Director of Elementary Education, Bryan Wakefield, and Director of Purchasing for coordinating this event. He also expressed his gratitude and thanks to all staff, students and parents who were on hand to support this labor of love.

Student Member Report

Fremont Unified School District September 22, 2010

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Divya Gupta reported the students of Mission San Jose are holding an “Everyday Drive” to help supply everyday items to victims and families of the San Bruno Fire. Items may be dropped off at the school.

Also, Washington High School is hosting the second annual “Paws for a Cause”, breast cancer walk, open to the public, at Washington High School on October 2, 2010.

Board of Education #1

Superintendent Morris introduced the item to Adopt Resolution No. 042-1011 to Recognize two Mission San Jose High School students, Vishal Yadav and Prithvi Ramesh, for organizing the “Walk for Education”

fundraiser to benefit athletics in the Fremont Unified School District. Dr. Morris read aloud the resolution and presented each student with the signed resolution acknowledging their contribution to education.

Trustee Gebhardt made a motion to Adopt Resolution No. 042-1011, to Recognize Vishal Yadav and Prithvi Ramesh for organizing the “Walk for Education” fundraiser. Trustee Mei seconded the motion, which carried unanimously with Student member Gupta voting aye.