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Bd. of Ed. Regular Meeting Minutes, 1 p.m., 06-09-2009 1

BOARD OF EDUCATION OF THE CITY OF LOS ANGELES Governing Board of the Los Angeles Unified School District

REGULAR MEETING MINUTES

333 South Beaudry Avenue, Board Room 1:00 p.m., Tuesday, June 9, 2009

The Board of Education of the City of Los Angeles, acting as the Governing Board of the Los Angeles Unified School District, met in regular session on Tuesday, June 9, 2009, at the Los Angeles City Board of Education Administrative Offices, Board Room, 333 South Beaudry Avenue, Los Angeles, California. President Mónica García called the meeting to order at 1:18 p.m. The following Members were present: Ms. Marlene Canter, Ms. Tamar Galatzan, Ms. Julie Korenstein, Ms. Marguerite P. LaMotte, Dr. Richard Vladovic, and President Mónica García. Ms. Yolie Flores Aguilar arrived at 1:20 p.m. Superintendent Ramon Cortines was present. Dr. Vladovic led the Pledge of Allegiance.

SUPERINTENDENT’S REPORT

RECOGNITION OF LLOYD HOUSKE

Superintendent Cortines recognized Mr. Lloyd Houske, Principal of Cahuenga Elementary School, who has served the District for 58 years. Mr. Houske began his teaching career at 61st Street Elementary School and was assigned as principal at Hoover Elementary, 66th Street Elementary School, and Cahuenga Elementary School where he has been for the last 20 years. Mr. Houske gave a brief overview of his years of service with the District and thanked the Board for the recognition. Board Members provided remarks.

INSTRUCTIONAL ITEMS

EARLY CHILDHOOD EDUCATION

Dr. Judy Elliott, Chief Academic Officer, welcomed Mr. Whitcomb Hayslip, Assistant Superintendent, Early Childhood Education. Mr. Hayslip discussed the importance of early childhood education. Ms. Sarah Vazquez, Director, Early Childhood Education, Local District 1, read the letter of nomination she submitted for Ms. Angela Glucksman for the Los Angeles County Preschool Teacher of the Year award. A video from Los Angeles Universal Preschool (LAUP) highlighting Ms. Glucksman’s classroom was shown.


Ms. Glucksman thanked the Board for the recognition. Mr. Hayslip also thanked the Board for their support of the Early Childhood Education Division and discussed the importance of partnerships. He acknowledged Dr. Gary Mangiofico, Chief Executive Officer, LAUP, the sponsor of the award. Dr. Mangiofico discussed the efforts of LAUP.

- - - President García modified the Order of Business.

- - -

OLD BUSINESS FOR ACTION

BOARD OF EDUCATION REPORT NO. 367 – 08/09 Lease Renewal for the Division of Adult and Career Education at

14626 South Crenshaw Blvd., Gardena (Gardena Community Adult School)

This item was withdrawn.

BOARD OF EDUCATION REPORT NO. 369 – 08/09 Lease Renewals for the City of Angels Educational Options Program at

14546 Hamlin Street, Van Nuys, and 5555 West Olympic Blvd., Los Angeles

Ms. Canter moved that the report be adopted. Ms. Korenstein seconded the motion. Superintendent Cortines responded to questions from Board Members regarding safety concerns, school police presence, master plan for closed schools, and gang activity. After discussion and on roll call, the report was adopted, 5 ayes, 1 abstention, Ms. Flores Aguilar. Dr. Vladovic was absent.

BOARD OF EDUCATION REPORT NO. 379 – 08/09 Denial of the Charter Petition for Porter Ranch Charter School

BOARD OF EDUCATION REPORT NO. 380 – 08/09 Denial of the Charter Petition for Via Nueva Academy

These items were withdrawn.

NEW BUSINESS FOR ACTION

BOARD OF EDUCATION REPORT NO. 387 – 08/09 Report of Warrants Issued, Request to Reissue Stale-Dated Warrants, Reimbursement of Controller’s

Revolving Cash Fund, and Donation of Money

Ms. Canter moved that the report be adopted. Ms. LaMotte seconded the motion, which by general consent was adopted. Dr. Vladovic was absent.


BOARD OF EDUCATION REPORT NO. 389 – 08/09

Agreements and Amendments

Ms. LaMotte moved that the report be adopted with the amendment to withdraw translation and interpretation services agreements and after school program agreements. Ms. Canter seconded the motion. Dr. James Morris, Chief of Staff, and Mr. Michael Eugene, Business Manager, responded to questions from Board Members regarding the implications of withdrawing the translation services contract, extension of cafeteria management contract, and other timelines. Superintendent Cortines took the opportunity to announce Mr. Eugene was leaving the District to accept a position in Florida and to thank him for his years of service. Remarks were heard from Board Members. The following speakers addressed the Board on the report: Ms. Alicia Loncar, SEIU Local 99 Ms. Susan Gosman, California School Employees Association (CSEA) Ms. Andrea Canty, CSEA Superintendent Cortines responded to questions from Board Members regarding the use of contractors, retraining opportunities, periodic assessment contracts, and mandating a Small Business Enterprise component in contracts. After discussion and on roll call, the report was adopted as amended, 6 ayes, with the exception of Contract Nos. 0800285, 0800342, and 08057120 on which Dr. Vladovic voted no, 1 abstention, Ms. LaMotte.

BOARD OF EDUCATION REPORT NO. 390 – 08/09 Provisional Internship Permits


Routine Personnel Actions

BOARD OF EDUCATION REPORT NO. 392 – 08/09 Nonroutine Personnel Actions

Ms. Korenstein moved that the reports be adopted. Ms. LaMotte seconded the motion. Dr. Ira Berman, Director, Employee Relations, responded to questions from Board Members regarding unclassified positions. After discussion and by general consent, the report was adopted.



Selection of Proposal and Authorization for Staff to Enter into Agreements for the Development of the Selma Elementary School Workforce Housing and Joint Parking Project

Ms. LaMotte moved that the report be adopted. Ms. Canter seconded the motion. Mr. Sam Mistrano, Senior Facilities Project Manager, responded to questions from Board Members regarding parking, long term land lease, cash benefit to the District, disaggregation of housing, workforce housing vs. affordable housing, quality of life, cost of apartments, and federal and state subsidies. After discussion and by general consent, the report was adopted.

BOARD OF EDUCATION REPORT NO. 394 – 08/09 Authorization for Staff to Enter into a Development Agreement for the Delivery of

South Los Angeles Area New High School No. 3

Ms. LaMotte moved that the report be adopted. Ms. Canter seconded the motion. Mr. Greg Garcia, Director, Facilities Contracts, and Mr. Guy Mehula, Chief Facilities Executive, responded to questions from Board Members regarding traffic mitigation, parking, the benefits of Education Code Section 17406, tracking local community participation, and goals. After discussion and by general consent, the report was adopted.

BOARD OF EDUCATION REPORT NO. 395 – 08/09 Revocation of the Charter of ABC Charter Middle School

(Formerly Known as Dosan Leadership Academy)

President García made the following statement:

This constitutes a public hearing on the revocation of the charter petition, and a maximum of 12 individuals who wish to address the Board on this item will be heard. Those who wish to speak to this report should go to the recording booth at the back of the Board Room and fill out a speaker’s card. Those individuals will be heard after any speakers already on the list.

Mr. José Cole-Gutiérrez, Executive Director, Charter Schools Division, addressed the Board on the recommendation of the Charter Office. Superintendent Cortines and Mr. Cole-Gutiérrez responded to questions from Board Members regarding emergency actions, lessons learned, and warning signs. Mr. Frank Adamo addressed the Board on the report. Ms. Canter moved that the report be adopted. Ms. LaMotte seconded the motion, which by general consent was adopted.


BOARD OF EDUCATION REPORT NO. 397 – 08/09 Ratification of the Renewals of Charters for Eight Charter Schools, Amendment to Charters for Six Charter Schools to Extend their Terms, and Material Revision Amendment to Charters for

Three Charter Schools

Ms. Canter moved that the report be adopted. Ms. LaMotte seconded the motion. The following speakers addressed the Board on the report: Mr. David Wyles Ms. Sabrina Bo, Los Angeles Academy of Arts and Enterprise Mr. Paul Cummings Mr. Montezuma Esparza Mr. Cole-Gutiérrez addressed the Board on the report. Mr. Cole-Gutiérrez and Superintendent Cortines responded to questions from Board Members regarding benchmarks, progress, concerns, special education, funding, due diligence, reconfiguration, co-location issues, community meetings, and school size. After discussion and on roll call, the report was adopted, 5 ayes, 2 abstentions, Ms. Korenstein, Dr. Vladovic.

BOARD MEMBERS RESOLUTIONS FOR ACTION

Ms. LaMotte moved the following substitute version of the Resolution in support of Employee Free Choice Act:

Whereas, The right of employees to join with other employees to bargain for better wages and benefits is a foundation of a free economy; Whereas, Workers’ rights to join a union free from coercion or intimidation is a public policy issue that requires public policy solutions, including legislative remedies; Whereas, The economic recession and rising health care costs, home foreclosures, stagnant wages, and shrinking retirement plans are all taking a huge toll on the workforce in California and elsewhere; Whereas, To revive the economy and rebuild for the long term the standard of living of the working population, workers should be empowered to bargain collectively for better wages and benefits; Whereas, Good blue-collar jobs are disappearing rapidly as manufacturing industries decline; but many new white-collar jobs pay poorly, provide minimal health care and pension benefits, and offer little job security;


Whereas, Under current law, employers are not required to honor their workers’ signed authorization forms as designations and may insist that the workers use a secret-ballot election conducted by the National Labor Relations Board (NLRB) to establish their union even if 100 percent of the employees provide the NLRB with signed authorizations designating the union as their bargaining agent; Whereas, One quarter of employers facing an organizing drive have been found to fire at least one worker who supports a union; Whereas, Many employers resort to spying, threats, intimidation, harassment and other illegal activity in their campaigns to oppose unions; Whereas, The penalty for illegal activity, including firing workers who engage in protected activity, is so weak that it does little to deter lawbreakers; Whereas, The Employee Free Choice Act (S. 560, H.R. 1409) has recently been reintroduced in Congress; Whereas, The Employee Free Choice Act will allow workers to form a union when a majority of them want one; Whereas, The Employee Free Choice Act will also increase penalties on employers who harass, intimidate, and fire workers for their support of a union; Whereas, The Employee Free Choice Act is a critical piece of our nation’s economic recovery; Whereas, The Employee Free Choice Act would allow workers to have their union certified as their bargaining agent by the National Labor Relations Board if a majority of them have signed valid authorizations; and Whereas, President Barack Obama and many Congressional representatives support the Employee Free Choice Act; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District urges Congress to pass the Employee Free Choice Act to protect and preserve for America’s workers the freedom to choose for themselves whether or not to form, join, or assist a union.

Ms. Flores Aguilar seconded the motion. Ms. Roberta Fesler, General Counsel, responded to questions from Board Members regarding the substitute motion. The following speakers addressed the Board: Ms. Alicia Aguilar Ms. Alicia Loncar, SEIU Local 99 After discussion and by general consent, the resolution was adopted as amended.


NEW BUSINESS FOR ACTION (continued)

BOARD OF EDUCATION REPORT NO. 400 – 08/09 Student Expulsions

Ms. Canter moved that the report be adopted. Ms. Korenstein seconded the motion, which by general consent was adopted.

BOARD OF EDUCATION REPORT NO. 401 – 08/09 Supplemental Educational Service Providers Contract

Ms. LaMotte moved that the report be adopted. Ms. Korenstein seconded the motion. Ms. Becki Robinson, No Child Left Behind Supplemental Education Services/SBP Program Specialist, responded to questions from Board Members regarding site visits, evaluation, and numbers of students. After discussion and by general consent, the report was adopted.

BOARD OF EDUCATION REPORT NO. 402 – 08/09 Approval of Legal Agreement

Ms. LaMotte moved that the report be adopted. Ms. Canter seconded the motion. Ms. Fesler responded to questions from Board Members regarding the expired contract. After discussion and on roll call, the report was adopted, 4 ayes, 2 noes, Ms. Flores Aguilar, Dr. Vladovic. Ms. Korenstein was absent.

BOARD MEMBERS RESOLUTIONS FOR ACTION (continued)

Ms. Canter moved the following version of the resolution regarding Teacher Quality: A Call to Legislators: Ms. Canter, Ms. Flores Aguilar, Ms. Galatzan – Teacher Quality: A Call to Legislators (Noticed May 12, 2009)

Whereas, The Los Angeles Unified School District’s priority is providing high quality instruction to all students, and integral to that effort is quality teaching; Whereas, Teacher quality has been proven in study after study to have a tremendous impact on student outcomes, and it is essential to the success of our students; Whereas, In 2001, the Peer Assistance and Review Program (PAR), a joint project of the District and United Teachers Los Angeles (UTLA), began assisting teachers who received a “below standard performance” on their Stull performance evaluations;


Whereas, PAR provides support to participating teachers by collaboratively setting goals and by one-on-one coaching; Whereas, A teacher or certificated employee receives tenure and becomes a permanent employee with certain rights and guarantees after two years of probationary service with the Los Angeles Unified School District;

Whereas, We hear from the public, parents, students, principals and other stakeholders about assignments where a poor quality teacher is reassigned instead of dismissed or the reassignment of poor quality tenured teachers instead of dismissal is a symptom of a flawed dismissal system; Whereas, The retention of teachers who have received more than one “unsatisfactory” performance reviews has a detrimental impact on student learning and employee morale and limits the District’s ability to attract and retain high quality teachers; Whereas, The District recognizes that teaching is a complex profession and provides support and professional development to teachers; Whereas, Despite District professional development programs, like PAR, and ongoing support and professional development, some individuals may continue to receive below standard performance evaluations, but the District usually only considers proceeding with dismissal cases after a teacher has had two full years of below standard Stull evaluations;

Whereas, The California Education Code that sets forth the “causes” for which a permanent certificated employee may be terminated needs to be updated and clarified and includes outdated and irrelevant language regarding grounds for termination such as “membership in the Communist Party”; Whereas, When school districts decide to dismiss a teacher for unprofessional, immoral or criminal conduct or consistent poor performance, state policies make the dismissal process ineffective and costly; Whereas, When dismissing a teachers, school boards the Board of Education must issue written charges, vote to approve dismissal, and provide teachers written notice (only in non-summer months) that they will be dismissed within 30 days, and, in the case of unprofessional conduct, provide an additional 45-days notice and, in the case of unsatisfactory performance, provide an additional 90 days notice; Whereas, During the notice process for dismissal, the teacher usually remains in the classroom;

Whereas, A permanent certificated employee who receives notice of dismissal has the right under State law to request a hearing and the school Board must act again to determine if the dismissal process will continue;

Whereas, A permanent certificated employee who receives notice of dismissal has the right under State law to have a full administrative hearing within 60 days, and the hearing process lasts, on average, over a year during which time the employee continues to be paid and such hearings on average last a year or more;


Whereas, Once a hearing has been requested by a permanent certificated employee, the school district no longer has the authority to dismiss the employee; authority is granted to an outside panel consisting of two educators and an administrative law judge, known as the Commission on Professional Competence (CPC) – an ad hoc panel constituted in accordance with requirements set forth in the California Education Code; Whereas, The CPC has the ultimate authority to either dismiss or reinstate the employee regardless of the school Board’s determinations; if they choose to reinstate the employee, which happens in most cases, the Districts are is liable for all costs including those related to the teacher’s designated panel member and the employee’s attorneys’ fees; Whereas, The CPC is made up of an administrative law judge, one member appointed by the school district and one member appointed by the teacher, both of which must be educators who have recently worked in the same subject area and grade level as the appellant; Whereas, Given our the District’s size, it is a challenge for the District to find non-District teachers permanent certificated staff to sit on the CPC who are willing to dedicate the weeks or months needed to participate in a hearing to dismiss a peer, and the mandate that these individuals have at least five years’ experience within the past 10 years in the discipline of the employee effectively eliminates highly experienced administrators from serving on the commission; Whereas, The average hearing proceedings take 1 to 1 ½ years, sometimes longer, during which time the employee continues to be paid by the school district; Whereas, During the hearing process, the school District is prohibited from providing evidence to the CPC panel over four years old based on the filing date prior to the date of the filing by the school Board of the notice of intention to dismiss, making it challenging for the school Districts to submit the historical perspective of the teacher’s performance which can create a perception that performance issues are not deeply rooted; now, therefore, be it Whereas, Charter schools do not have to abide by the same regulations as traditional public schools creating an unfair disadvantage; Whereas, This is not a Los Angeles Unified School District challenge, but a statewide and national one; now, therefore, be it Resolved, That the Governing Board of Education of the Los Angeles Unified School District directs the Superintendent to actively pursue state legislative changes that: 1. Update “causes for termination” language and define unsatisfactory performance more

clearly, allowing for two consecutive unsatisfactory performance evaluations to constitute unsatisfactory performance for the purposes of dismissing permanent employees;

2. Revise the notice of dismissal period to at least 30 days and allow the school district to

remove the teacher from the classroom immediately;


3. Remove the summer moratorium on dismissal filings when the subject teacher is on track

during these months;

4. Allow the school district to appoint an administrator, parent or citizen as their representative on the CPC;

5. Revise the current CPC model, such that its decisions are advisory, as is the case with the

California Community College Districts, in which certificated employees are afforded a hearing before the CPC, but its decision is a recommendation back to the board, and not the final decision;

6. Allow the CPC panel to consider evidence presented by the school district related to matters

which occurred more than four years prior to the date of the filing of the notice of intention to dismiss; and

7. Institute a new standard that employees not agreeing to complete hearings within a

prescribed number of days would forego salary beyond that time; and be it Resolved further, That these requested changes be incorporated into the District-Sponsored Legislation report adopted November 25, 2008, and that this resolution be transmitted to the appropriate State Legislators.

Resolved, That the Governing Board of Education for the Los Angeles Unified School District directs the Superintendent to make the following legislative changes to the California Education Code a top District priority for the 2010 legislative session and makes the following recommendations a priority for the “Quality Leadership and Teaching to Ensure a World Class Education for All Students” task force approved by the Board of Education on April 26, 2009; Resolved further, That when a Board of Education has determined that a permanent certificated employee be dismissed for the following causes contained in the California Education Code Section 44932: unprofessional or immoral conduct; criminal conduct; dishonesty; evident unfitness for service; persistent violation of or refusal to obey the school laws or regulations; or conviction of a felony or of any crime involving moral turpitude; 1. The notice of dismissal period shall be no more than 30 days and a school district shall be

allowed to remove the teacher from the classroom immediately; 2. The summer moratorium on dismissal filings be removed when the subject teacher is on

track during these months; 3. A new standard be implemented that employees not agreeing to complete hearings within a

prescribed number of days would forego salary beyond that time; 4. A school district shall be allowed to appoint an administrator, parent or citizen as their

representative on the Commission on Professional Competence or a single arbitrator appeal process shall be instituted;


5. The Commission on Professional Competence panel be allowed to consider evidence presented by a school district related to matters which occurred more than four years prior to the date of the filing of the notice of intention to dismiss when the cause was concealed or not disclosed by the employee, when it could be reasonably assumed that the employee should have disclosed the facts to the employing district, as cited in California Education Code Section 45113 in the case of permanent classified employees;

6. The Commission on Professional Competence decisions shall be advisory and not the final

authority, the Board of Education shall have the final authority; and be it finally Resolved, That these recommendations be placed at the forefront of the legislative plan developed by the “Quality Leadership and Teaching to Ensure a World Class Education for All Students” task force approved by the Board of Education on April 26, 2009.

Ms. Flores Aguilar seconded the motion. Superintendent Cortines responded to questions from Board Members regarding the task force membership. The following speakers addressed the Board: Mr. A. J. Duffy, United Teachers Los Angeles (UTLA) Mr. Marco Petruzzi, Green Dot Mr. Joshua Pechthalt, UTLA Mr. Greg Solkovitz, UTLA Mr. Sean ________ Mr. George Fatheree Mr. Aaron Green, Valley Industry and Commerce Association Ms. Carol Schatz, Central City Association of Los Angeles Ms. Mary Najera, Parents’ Union Mr. Scott Mandell Ms. Sherry McGillivary Ms. Alejandra Vazquez, Los Angeles Chamber of Commerce Ms. Kate Collins, Associate General Counsel, II, addressed the Board on the resolution. Ms. Flores Aguilar requested that the resolution be amended to reference all certificated employees in place of “teachers.” With the consent of the mover and seconder, the amendment was accepted as friendly. Board Members discussed the different aspects of task force mentioned in the resolution. Ms. Korenstein requested that the resolution be amended to change “priority for the 2010 legislative session” to “priority for 2010” and to add “the task force approved by the Board of Education on April 26, 2009, which called for the involvement of all key stakeholders be established immediately.” With the consent of the resolution’s mover and seconder, the amendment was accepted as friendly. Ms. Collins responded to questions from Board Members regarding the differences in dismissal of classified and certificated employees.


Ms. Korenstein moved the following amendment:

“that stakeholders be appointed by their leadership.”

Dr. Vladovic seconded the motion, which on roll call failed, 4 noes, 3 ayes, Ms. Korenstein, Ms. LaMotte, Dr. Vladovic. After discussion and on roll call, the resolution was adopted as amended, 4 ayes, 3 noes, Ms. Korenstein, Ms. LaMotte, Dr. Vladovic. The final version of the resolution reads as follows:

Whereas, A teacher or certificated employee receives tenure and becomes a permanent employee with certain rights and guarantees after two years of probationary service with the Los Angeles Unified School District;

Whereas, When school districts decide to dismiss a teacher for unprofessional, immoral or criminal conduct, state policies make the dismissal process ineffective and costly; Whereas, When dismissing a teacher, the Board of Education must issue written charges, vote to approve dismissal, and provide teachers written notice (only in non-summer months) that they will be dismissed within 30 days, and, in the case of unprofessional conduct, provide an additional 45-days notice and, in the case of unsatisfactory performance, provide an additional 90 days notice; Whereas, During the notice process for dismissal, the teacher usually remains in the classroom;

Whereas, A permanent certificated employee who receives notice of dismissal has the right under State law to request a hearing and the Board must act again to determine if the dismissal process will continue;

Whereas, A permanent certificated employee who receives notice of dismissal has the right under State law to have a full administrative hearing within 60 days, and such hearing on average last a year or more; Whereas, Once a hearing has been requested by a permanent certificated employee, the school district no longer has the authority to dismiss the employee; authority is granted to an outside panel consisting of two educators and an administrative law judge, known as the Commission on Professional Competence (CPC) – an ad hoc panel constituted in accordance with requirements set forth in the California Education Code; Whereas, The CPC has the ultimate authority to either dismiss or reinstate the employee regardless of the Board’s determinations; if they choose to reinstate the employee, which happens in most cases, the Districts is liable for all costs including those related to the teacher’s designated panel member and the employee’s attorneys’ fees;


Whereas, The CPC is made up of an administrative law judge, one member appointed by the school district and one member appointed by the teacher, both of which must be educators who have recently worked in the same subject area and grade level as the appellant; Whereas, Given the District’s size, it is a challenge for the District to find non-District permanent certificated staff to sit on the CPC who are willing to dedicate the weeks or months needed to participate in a hearing to dismiss a peer, and the mandate that these individuals have at least five years’ experience within the past 10 years in the discipline of the employee effectively eliminates highly experienced administrators from serving on the commission; Whereas, The average hearing proceedings take 1 to 1 ½ years, sometimes longer, during which time the employee continues to be paid by the school district; Whereas, During the hearing process, the District is prohibited from providing evidence to the CPC panel four years prior to the date of the filing by the Board of the notice of intention to dismiss, making it challenging for the District to submit the historical perspective of the teacher’s performance which can create a perception that performance issues are not deeply rooted; Whereas, Charter schools do not have to abide by the same regulations as traditional public schools creating an unfair disadvantage; Whereas, This is not a Los Angeles Unified School District challenge, but a statewide and national one; now, therefore, be it Resolved, That the Governing Board of Education for the Los Angeles Unified School District directs the Superintendent to make the following legislative changes to the California Education Code a top District priority for 2010 and makes the following recommendations a priority for the “Quality Leadership and Teaching to Ensure a World Class Education for All Students” task force approved by the Board of Education on April 26, 2009, which calls for setting up a task force to include all key stakeholders to be established immediately; Resolved further, That when a Board of Education has determined that a permanent certificated employee be dismissed for the following causes contained in the California Education Code Section 44932: unprofessional or immoral conduct; criminal conduct; dishonesty; evident unfitness for service; persistent violation of or refusal to obey the school laws or regulations; or conviction of a felony or of any crime involving moral turpitude; 7. The notice of dismissal period shall be no more than 30 days and a school district shall be

allowed to remove the teacher from the classroom immediately; 8. The summer moratorium on dismissal filings be removed when the subject teacher is on

track during these months; 9. A new standard be implemented that employees not agreeing to complete hearings within a

prescribed number of days would forego salary beyond that time;


10. A school district shall be allowed to appoint an administrator, parent or citizen as their representative on the Commission on Professional Competence or a single arbitrator appeal process shall be instituted;

11. The Commission on Professional Competence panel be allowed to consider evidence

presented by a school district related to matters which occurred more than four years prior to the date of the filing of the notice of intention to dismiss when the cause was concealed or not disclosed by the employee, when it could be reasonably assumed that the employee should have disclosed the facts to the employing district, as cited in California Education Code Section 45113 in the case of permanent classified employees;

12. The Commission on Professional Competence decisions shall be advisory and not the final

authority, the Board of Education shall have the final authority; and be it finally Resolved, That these recommendations be placed at the forefront of the legislative plan developed by the “Quality Leadership and Teaching to Ensure a World Class Education for All Students” task force approved by the Board of Education on April 26, 2009.

- - -

President García resumed the Order of Business. - - -

SPECIAL REPORT

RECOGNITION OF JULIE KORENSTEIN’S YEARS OF

SERVICE AS A BOARD MEMBER

Ms. Korenstein’s recognition began with a performance by Mariachi Los Halcons from San Fernando Middle School. Remarks were heard from the band’s director, Mr. Rudy Vazquez. The Sylmar High School Chorus also performed. Remarks were heard from the choral director Mr. Scott Broadous. The following speakers recognized Ms. Korenstein for her years of service: Ms. Jean Brown, Superintendent, Local District 1 Ms. Alma Peña-Sanchez, Superintendent, Local District 2 Mr. Guy Mehula, Chief Facilities Executive Ms. Lara Larramendi, Office of Senator Alex Padilla Mr. Michael O’Sullivan, Associated Administrators of Los Angeles (AALA) Mr. David Tokofsky, Former LAUSD Board Member Ms. Alicia Loncar, Local 99 Mr. Steven Franklin & Students, Sun Valley Middle School Ms. Zella Knight Mr. A. J. Duffy, President of UTLA Ms. Sunshine Sepulveda, Will Rogers High School Mr. Chuck Trudeau, Lewis High School Mr. Dafer Dakhil Mr. John Creer, Director, Planning and Development Branch


Ms. Anna DeJesus Ms. Jennifer Putnam Mr. Dan Alba, Office of Human Relations, Diversity and Equity Ms. Inola Henry Mr. Gene Krischer, Friends of the Children Mr. Ed Burke Ms. Korenstein thanked all the speakers for their kind words. Remarks were heard from Board Members. Following remarks, Ms. Korenstein was presented with a certificate of appreciation and the traditional school bell.

- - - President García modified the Order of Business.

- - -

PUBLIC COMMENT The following speakers addressed the Board on the subjects indicated: Ms. Mary Johnson Parent Collaborative Ms. Maria Ortiz Parent Participation Mr. John Henderson Charter at Baldwin Hills ES Ms. Ebani Abram Charter at Baldwin Hills ES Ms. Jaylan Brizila Charter at Baldwin Hills ES Ms. Paulette Heard Charter at Baldwin Hills ES Mr. Jeff Pomeroy West Valley Special Education Center Ms. Crystal Ingram & Students Non-Public Schools Ms. Maggie Ceja, InnerCity Struggle Budget Cuts Ms. Blanca Dueñas, InnerCity Struggle Budget Cuts Ms. Tylo White, Community Coalition Class Size Increases Ms. Maria Anguillano, Community Coalition Class Size Increases Mr. Lanny Larsen Class Size Increases President García requested an informative from Superintendent Cortines regarding classroom size, space, and safety. Mr. Nelson Guidaro Military Leave Ms. Zella Knight Parental Involvement

- - - President García resumed the Order of Business.

- - -


BOARD MEMBERS RESOLUTIONS FOR ACTION (continued)

Ms. Galatzan moved the following revised resolution titled Get Connected:

Whereas, The California Emerging Technology Fund was directed to be established by the California Public Utilities Commission to close the Digital Divide and to ensure that California is a global leader in the deployment and adoption of high-speed Internet access and use by all Californians; Whereas, Closing the Digital Divide is critical to the Golden State's economic recovery and quality of life, specifically in the form of jobs, education, commerce and opportunity; Whereas, California's fair share of funding from the American Reinvestment and Recovery Act of 2009 (ARRA) for broadband deployment, adoption and related applications could be up to $1 billion; Whereas, The ARRA funds will significantly enhance the state's efforts in addressing its comprehensive broadband technology needs; Whereas, Almost half of Californians lack high-speed connectivity, including those without access and those who have not adopted the technology. More than 17 million Californians do not have broadband access at home and more than 13 million do not have an Internet connection at home; Whereas, Approximately 500,000 households and 1.4 million people living in rural and remote areas do not have broadband access; Whereas, California is home to a wellspring of innovation that has given rise to the evolution of broadband and information technology; Whereas, The Los Angeles Unified School District is committed to helping our children and youth obtain the highest quality education possible and understand that digital literacy and high-speed connectivity is a critical component in today's educational environment; Whereas, The District is partnering with private enterprises, educators, public policymakers and community leaders to provide incentives and encourage adoption of broadband technology; Whereas, Broadband remains underutilized as a 21st Century technology to reduce dependence on foreign oil and to decrease greenhouse gas emissions and the District is committed to lowering its carbon footprint in the state of California; Whereas, Working with the California Emerging Technology Fund and the Get Connected! program, the District can take part in executing the national call for rapid broadband deployment, job generation, educational excellence and a green economy; and Whereas, It is imperative that California close the Digital Divide and, in so doing, close the opportunity and economic divide, by investing in efforts to help all residents get connected to high-speed Internet networks; now, therefore, be it


Resolved, That the Governing Board of the Los Angeles Unified School District directs the Superintendent to ask all department heads and agencies to review broadband related policies and procedures and make recommendations to the Board on removing any barriers to broadband deployment and adoption; Resolved further, That The Board seeks to communicate and coordinate its broadband plans and applications with neighboring cities and public agencies; Resolved further, That the Board includes broadband connectivity in its outreach materials and assist constituents in their efforts to access e-government applications; and be it finally Resolved, That the Governing Board of the Los Angeles Unified School District declares

2009 as the year to “Get Connected!” Dr. Vladovic seconded the motion, which by general consent was adopted as amended. Ms. Korenstein was absent. Ms. Flores Aguilar moved the following resolution titled Celebrating Safe Spaces for All and Declare June as Pride Month:

Whereas, As a caring educational institution, the Los Angeles Unified School District models, advocates and promotes the safe and respectful treatment of all our members; Whereas, The prevalence of bullying and harassment among students constitutes a national crisis; Whereas, Harassment based on sexual orientation or gender expression is the second most common form of harassment in schools; Whereas, Across the country, there have been several recent incidents of suicides and suicide attempts by children who were the target of anti-gay harassment; Whereas, In 2007 alone, 120 hate crimes and 364 hate incidents were attributed to sexual orientation or gender identity bias;

Whereas, 37% of perpetrators of hate crimes were under the age of 18; Whereas, Children who do not conform to gender stereotypes are more likely to be abused by their caregivers; Whereas, No one should ever be the target of harassment or violence; Whereas, District schools are safe and affirming for all students and their families; Whereas, Over 22% of our students’ families include a lesbian, gay, bisexual or transgender member;


Whereas, We must strive to ensure that District schools are consistently safe and affirming spaces for all students and their families; Whereas, Project 10 is a District program that oversees education and support services for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students, other sexual minority youth and allies, while providing technical support for schools with LGBTQ concerns; Whereas, The Office of Human Relations, Diversity and Equity is a resource for trainings, activities, lessons and service-learning projects for and about LGBTQ concerns; Whereas, By recognizing Pride Month, we support policies and practices that honor and respect lesbian, gay, bisexual and transgender students and their families; Whereas, By recognizing Pride Month we reaffirm our commitment to the 1988 Governing Board of the Los Angeles Unified School District’s Resolution for the Respectful Treatment of All Persons; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District declares June 2009 as Pride Month and directs the Superintendent and all District staff to support lessons and activities that engage students in meaningful learning, research and writing about our lesbian, gay, bisexual, and transgender students and families.

Ms. Canter seconded the motion, which by general consent was adopted. Ms. Korenstein was absent.

MOTION REQUESTED BY THE SUPERINTENDENT

RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC

EMPLOYEES’ RETIREMENT SYSTEM AND THE GOVERNING BOARD OF THE LOS ANGELES UNIFIED SCHOOL DISTRICT

Ms. Flores Aguilar moved:

Whereas, The Los Angeles Unified School District participates in the Public Employees’ Retirement System; and Whereas, The Los Angeles Unified School District desires to provide another designated period for Two Years Additional Service Credit, Section 20904, based on the contract amendment included in said contract which provided for Section 20904, Two Years Additional Service Credit, for eligible miscellaneous members; now, therefore be it Resolved, That the Los Angeles Unified School District does seek to add another designated period, and does hereby authorize this Resolution, indicating a desire to add a designated period from June 24, 2009 through September 24, 2009 for miscellaneous members eligible to retire in the Information Technology Division.



PRE-JULY 1 NOTICE

Ms. Canter moved:

That the Board of Education of the City of Los Angeles, pursuant to the current Agreements between the Los Angeles Unified School District (District) and United Teachers Los Angeles (UTLA); and the Los Angeles Unified School District (District) and Associated Administrators of Los Angeles (AALA); and in accordance with the individual employment contracts of these and other District employees, hereby declares salaries and benefits for 2009-2010 for District employees to be indefinite and subject to change or reduction on or after July 1, 2009, as may appropriately result from collective bargaining negotiations or otherwise. The District shall act to implement such changes or reductions, as the District deems necessary, with consideration to possible, unanticipated conditions, to balance the District’s budget. Unanticipated conditions include, but are not limited to, the adequacy of state funding, proposed legislation and grant moneys, District operating costs, and pending legal actions. Possible changes or reductions in salaries or benefits, which may be implemented in 2009-2010 for UTLA-represented employees, AALA-represented employees, management, confidential, supervisory, and other District-represented employees include, but are not limited to, adjustment to salary rates, tables and differentials; revisions to work year (number of paid days); and adjustments to health and welfare plan benefit levels. All such changes or reductions are to result from collective bargaining, where appropriate, and all board rules, policies and practices are subject to revision to carry out any of the changes or reductions described above. The above actions are listed by way of example, not limitations, and may be supplemented.

Dr. Vladovic seconded the motion, which by general consent was adopted. Ms. Korenstein was absent.

MOTION DECLARING SALARIES INDEFINITE AND SUSPENDING BOARD RULE POLICIES AND PRACTICES

Ms. Canter moved:

That the Board of Education of the City of Los Angeles: (1) hereby declares that all management, confidential, and other unrepresented certificated, classified and unclassified employees’ salaries, benefits, and other terms and conditions of employment are declared indefinite for the 2009-2010 school year as a result of uncertainties, negotiations, legislation, and other factors, and (2) suspends or amends all board rules, policies, and practices, as applicable, that may be in conflict with actions taken, or which may be taken, to balance the District’s budget.

Dr. Vladovic seconded the motion, which by general consent was adopted. Ms. Korenstein was absent.


BOARD MEMBER RESOLUTIONS FOR INITIAL ANNOUNCEMENT

Ms. Galatzan – Sharing Materials With Schools in Need

Whereas, The current budget crisis has required the District and the Board to make painful funding decisions, including reductions in the workforce; Whereas, These reductions have been occurred in many departments, and at all schools; Whereas, The reduced workforce has created a potential surplus of computers, furniture, copiers, fax machines and other materials purchased for departments and programs that have been reduced or in some cases eliminated; Whereas, The District has for years experienced a severe shortage in technology and other materials crucial to the education process from elementary through high school; Whereas; Many of our schools have aging and damaged furniture in desperate need of being replaced; and Whereas; The budget crisis has made it virtually impossible for schools to find the funds to replace technological equipment and furniture, now, therefore, be it Resolved, That the Superintendent will immediately begin a precise survey of surplus equipment, including printers, copiers, and both desktop and laptop computers generated by the reduction in staff; Resolved further, That the Superintendent will immediately begin a needs assessment to determine which schools can benefit the most from receiving surplus materials; and be it finally Resolved, That the Superintendent will create a system for expeditiously transferring these materials to designated schools prior to the opening of the 2009-2010 academic year.

Ms. Galatzan – Ensuring the Future of the Academic Decathlon

Whereas, The Los Angeles Unified School District has been an active participant in the Academic Decathlon scholastic competition program since 1981;

Whereas, The purpose of the Academic Decathlon is to stimulate intellectual growth, encourage greater respect for knowledge, and foster public awareness for outstanding students and school programs;

Whereas, Over the years, approximately 20,000 District student scholars have participated in the Academic Decathlon leaving with greater academic breadth, confidence, self-esteem, and interpersonal skills to use in college and beyond; Whereas, In the last 23 years, 15 of the District’s teams have won the State competition and represented California in the United States Academic Decathlon competition. On 10 occasions,


those teams have won the National competition: Marshall High in ‘87 and ‘95, Taft High in ‘89, ‘94, and ‘06, and El Camino Real High in ‘98, ‘01, ‘04, ‘05, and ‘07; Whereas, Despite District’s competing schools being a source of pride for the District, funding shortfalls resulted in the program’s annual budget being cut from $300,000 to less than $100,000 over the years; Whereas, To accommodate the budget shortfall the Academic Decathlon relied on donations and funding from various District departments, divisions, and units but due to recent economic instability those are no longer options; Whereas, Organizers estimate that the Academic Decathlon needs an annual budget of $330,000 to pay for materials, supplies, venues, travel, workshops, etc.; and Whereas, The budget crisis precludes the District from sufficiently funding the Academic Decathlon and the District must explore other options for keeping the program thriving; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District asks the Superintendent to assemble a task force with appropriate District staff, Parent Community Service Branch, representatives from the Superintendent and Board Offices along with members from the local business and entertainment communities, to meet every 2 months, starting in July, with the intent of raising at least $100,000 for the 2010 Academic Decathlon, and Resolved further; the Board applauds and honors El Camino Real, North Hollywood, Marshall, Palisades, Granada Hills, Garfield, Crenshaw, Venice, and Los Angeles High Schools for advancing to the 2009 state competition.

Ms. García – 2010 Census

Whereas, An accurate census count is vital to our community and residents’ well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; Whereas, More than $300 billion per year in federal and state funding is allocated to states and communities based on census data; Whereas, Census data ensure fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; Whereas, The 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and Whereas, The information collected by the census is protected by law and remains confidential for 72 years; now, therefore be it


Resolved, That the Governing Board of the Los Angeles Unified School District expresses its commitment to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010; and Resolved further, That the Board will: 1. Support the goals and ideals for the 2010 Census and will disseminate 2010 Census

information to encourage those in our school community to participate.

2. Encourage people to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness of the 2010 Census and ensure a full and accurate census.

3. Support census takers as they help our community complete an accurate count. Ms. LaMotte, Ms. Korenstein – Exposition Light Rail Line Phase 2 Project

Whereas, The Los Angeles County Metropolitan Transportation Authority's (MTA) Expo Light Rail Line Phase 2 project (Expo Phase 2) is proposed to operate primarily at-grade (street-level) in close proximity to Los Angeles Unified School District schools; Whereas, According to MTA’s June 2008 Summary of Metro Blue Line Train/Vehicle and Train Pedestrian Accident Report, in 18 years of operating primarily at-grade, the MTA’s Blue Line has become the nation's deadliest light rail line, and statistics indicate 92 deaths and over 824 accidents have occurred in urban areas with lower vehicular and pedestrian traffic volume and residential density than the Expo Rail Line corridor; Whereas, Many of those injuries and fatalities in MTA Blue Line accidents were within the boundaries of the Los Angeles Unified School District;

Whereas, the District’s Distance Criteria for School Siting precludes schools from being built within 128 feet of an active rail line; unless the safety risk is found to be less than significant;

Whereas, The property line of Overland Avenue Elementary School, with approximately 500 students age 5 through 10, lies within 75 feet of the currently proposed at-grade crossings on Expo Alternatives 1 and 3; Whereas, The property line of Charnock Elementary School, with approximately 390 students, age 5 through 10, lies within 50 feet of the currently proposed at-grade crossings on Expo Phase 2 Alternatives 2 and 4;

Whereas, On a daily basis hundreds of young students walk in close proximity and cross the currently proposed Expo Phase 2 at-grade tracks on all proposed alternative routes, which encompass several safe passage school routes; Whereas, To ensure a quality learning environment, interior and exterior noise levels must maintain acoustical standards not exceeding American National Standards Institute guidelines (ANSI S.12.60-2002) and criteria established by the Collaborative for High Performing Schools (CHPS);


Whereas, According to the Expo Phase 2 Draft Environmental Impact Report Expo Rail Line trains will blow its horn/gong on approach and through each at-grade crossing, and crossing gate bells will be required at gated crossings near District schools as frequently as 24 times per hour;

Whereas, Horn blowing, gongs and crossing gate bells would not be required at currently proposed at-grade crossings if Expo Phase 2 is constructed above or below grade;

Whereas, The continual passage of 24 trains per hour may create disruptive ground and structural vibrations;

Whereas, The increased traffic and vehicles idling near the school sites will have an adverse effect on the health of school occupants;

Whereas, The Westside Neighborhood Council and West Los Angeles Neighborhood Council have resolved to support grade separations on Expo Phase 2 through their jurisdictions; Whereas, In a letter dated June 6, 2008 to the Exposition Metro Line Construction Authority, the Los Angeles Department of Transportation expressed their “serious concerns” about the safety of an at-grade train crossing at Overland Avenue near Overland School;

Whereas, Los Angeles City Councilmembers Bill Rosendahl and Tom LaBonge have presented a resolution before the City Council of Los Angeles (08-002-s165, December 9, 2008) stating that “grade-separation of rail lines is necessary in West Los Angeles in order to reduce traffic congestion, accidents and loss of life and ensure safe and efficient rail operations;” and

Whereas, MTA is making the investment to eliminate all at-grade crossings on Phase 1 of the Expo Rail Line in the City of Culver City; now, therefore, be it Resolved, That the Los Angeles Unified School District supports the consensus position of the community, which opposes the at-grade design of the Expo Light Rail Line adjacent to Overland Avenue School and at the at-grade crossing adjacent to Charnock Road Elementary School; Resolved further, That the District be opposed to the operation of any at-grade design of the Expo Light Rail Line along streets in close proximity to school sites, unless it is proven that alternative mitigation measures will eliminate all safety hazards; and be it finally

Resolved, That the Governing Board of the Los Angeles Unified School District directs the Superintendent to exhaust all legal options in working with the MTA to eliminate all at-grade crossings along the proposed Expo Line that present a significant risk to pedestrian safety.

CORRESPONDENCE AND PETITIONS

Ms. LaMotte moved that the recommended disposition of the items of correspondence as indicated in the Report of Correspondence be approved. Ms. Canter seconded the motion, which by general consent was adopted. Ms. Korenstein was absent.


APPROVAL OF MINUTES

Ms. LaMotte moved the approval of the following minutes of the Governing Board of the Los Angeles Unified School District:

1:00 p.m., Regular Board Meeting, April 14, 2009 10:00 a.m., Special Board Meeting, May 5, 2009 11:00 a.m., Special Board Meeting, May 12, 2009 11:00 a.m., Special Board Meeting, May 26, 2009


ANNOUNCEMENTS Ms. Flores Aguilar moved:

That Special Board Meeting be called on June 18, 2009, at 10 a.m. in the Board Room regarding the budget.

Ms. Canter seconded the motion, which by general consent was adopted. Ms. Korenstein was absent. Ms. Flores Aguilar moved:

That Mónica García, Member of this Board of Education, be found absent due to illness from the Special and Regular Board Meetings of May 26, 2009.

Ms. Canter seconded the motion, which by general consent was adopted. Ms. Korenstein was absent. Dr. Vladovic announced that the June 25, 2009, Committee of the Whole meeting has been canceled. Ms. García announced that the June 18, 2009, Ad Hoc meeting has been canceled.

ADJOURNMENT Ms. Galatzan moved that the meeting be adjourned in memory of Ms. Saida Munguia, a teacher at Kennedy High School, and Ms. Jessica White, former principal of Downtown Magnets School. Ms. García seconded the motion, which by general consent was adopted. Ms. Korenstein was absent. The meeting adjourned at 7:54 p.m. APPROVED BY BOARD: ____________________________________ ______________________________________ MONICA GARCIA JEFFERSON CRAIN PRESIDENT EXECUTIVE OFFICER OF THE BOARD

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