Van Ha To-Cowell, President Board of Trustees Minutes of the Regular Meeting of the Board of Trustees Wednesday, September 26, 2012 Beverly Holt Boardroom CALL TO ORDER OF OPEN SESSION The regular meeting of the Lincoln USD Board of Trustees was called to order in the Beverly Holt Boardroom on Wednesday, September 26, 2012, 6:07 PM. The Board adjourned to closed session in the Board conference room to discuss the following: a. Public Employee Discipline, Dismissal, Release b. Conference with Labor Negotiator Agency Negotiator: Tom Uslan Employee Organizations: CSEA and LUTA Agency Negotiator: Van Ha To- Cowell Title: Superintendent c. Student Matters One case (1) Expulsion of Students (2) Readmission/Admission of Students d. Public Employment Title: Superintendent e. Public Employee Performance Evaluation Titles: All Principals f. Conference with Legal Counsel Existing Litigation Subdivision (a) of Government Code 54956.9 - One case ROLL CALL/ESTABLISHMENT OF QUORUM Trustees Present Van Ha To- Cowell, President Susan Lenz, Vice President/Clerk Donald Ruhstaller, Member George Conklin, Member Lanzo Small, Jr., Student Member Administrators Present Tom Uslan, Superintendent Debbie deganna Joan Calonico Dolores Bronson Kelly Dextraze Debbi Holmerud Josef Schallberger Phyllis Kahl Michele Tatum Shane Conklin Scott Denero Nancy Martin Rebecca Hall Terry Asplund Joe Hancock Scott Tatum Lisa Walker Kelly Sandstrom Suzanne Fagundes Brian Tillman Maureen Oechel Susan Ireland Others Signing In Dorsey McCowan, CSEA Janet Olmstead, LUTA Barbara Araya Leo Castaneda Mark Kindelberger Miguel Araya Kathleen Solari Ron Strauther Jessie C. Hunt, Jr. Alyssa Kimball Blanca Sanchez Shelley Webb Trevor Womack Karyn Johnson John Johnson Jim Dugoni Christine Ward Giordai Dennis Kita Monika Burse Gabriel Christ Trent Callcott Kari Stout Craig Pearce Susan Bartman Tina Lanter- Skokan Lorraine Lauper Martha Porter Bruce Roberson Lisa Rey Karen Nakamura Maricarmen Anaya Tracey Tariska 1
John Wolf Danielle Jaques Anna Bornadicou Zack Calder Cassidy Colyer Katelyn Hagan Julio Muao Michelle Muao Pedro Ramirez Shelley Spessard Kuwaite Vann Lynne Kamaiopili Denice Vincelet Vern Vincelet At 7:30 PM, the Board reconvened in open session, conducted roll call, established a quorum, and affirmed that the agenda had been posted according to law. President To- Cowell led the Pledge of Allegiance. 2. COMMUNICATIONS 2.01 Trustee and Superintendent Reports Board members reported on sub- committee meetings, events, or activities they have attended since the last regular Board meeting. 3. CONSENT AGENDA By the following vote, the Board approved the consent agenda as presented. Ruhstaller Conklin 4 0 Bestolarides Yes 4. SUPERINTENDENT S CONSENT REPORT 4.01 Minutes of the Regular Meeting of September 12, 2012 Adopted 5. EDUCATION SERVICES CONSENT ITEMS 5.01 Study Trip Requests Approved 5.02 Consultant Requests None 6. HUMAN RESOURCES CONSENT ITEMS 6.01 Employment, Resignations, Leaves, Releases, Assignments, and Other Personnel Matters - Information only; no action required 7. PUBLIC COMMENT Pedro Ramirez thanked District Administration for responding to his request for a breakdown by ethnicity of the Lincoln High School Earth Science classes. He said that he had received an email from a parent suggesting that Lincoln Latin Leadership should cancel the UOP summer program because some of the students attending have not been able to enroll in the recommended high school science courses. Jessie Hunt, Jr., said that he hadn t received the phone call he requested at the last meeting. 8. PUBLIC HEARINGS 8.01 Authorizing Use of the Energy Conservation Contract Method for Solar Photovoltaic Facilities This public hearing was held in compliance with Government Code Section 4217.12. The Board of Trustees of the Lincoln Unified School District will conduct a Public Hearing regarding a proposal by Stellar Energy GP, Inc. for maintenance, operation, monitoring services and the guarantee of performance of solar photovoltaic electrical energy generation facilities to be owned by the District. Later in this meeting, the Board will consider this proposal, and determine whether the terms offered are in the best interests of the District and meet the contracting requirements of Government Code 4217.10-18, and, if so, determine whether to award a Maintenance, Operation, Monitoring & Performance Guarantee Contract based thereon. 2
Superintendent Uslan presented the background on this issue. President To- Cowell opened the hearing. As no comments were offered, she subsequently closed the hearing. 9. PRESIDENT'S REPORT 9.01 President's Report President To- Cowell announced that no reportable action was taken by the Board during closed session. 9.02 Superintendent s Employment Agreement Approved During closed session, the Governing Board discussed an employment agreement for the Superintendent. Action was taken in open session under this agenda item regarding their decision. By the following vote, the Board approved the employment agreement for Superintendent Tom Uslan, as presented. Ruhstaller Conklin 4 0 Bestolarides Yes 9.03 Gift Report Approved The individuals and companies listed on this month s Gift Report generously donated a total of $76,468.85 to Lincoln Unified's schools and programs. By the following vote, the Board approved the Gift Report, as presented. 10. SUPERINTENDENT'S REPORT Conklin Ruhstaller 4 0 Bestolarides Yes 10.01 Student Matters Approved By the following vote, the Board expelled, approved, denied, or otherwise took action on student matters as recommended by the Administrative Hearing Panels and/or as amended by the Board. Ruhstaller Conklin 4 0 Bestolarides Yes 10.02 Resolution 12-22, Authorizing Use of the Energy Conservation Contract Method for Solar Photovoltaic Facilities Adopted The District would enter into an energy service contract if the Board determined the terms of the contract were in the best interests of the District. This determination must have been made following a scheduled public hearing. The proposed resolution had been reviewed by our legal counsel. The actual decision on the approval of the contract with Stellar Energy GP, Inc., occurred under the next agenda item. By the following vote, the Board adopted Resolution 12-22, Authorizing Use of the Energy Conservation Contract Method for Solar Photovoltaic Facilities. Ruhstaller Conklin 4 0 Bestolarides Yes 3
10.03 Maintenance, Operation, Monitoring and Performance Guaranty Agreement between Stellar Energy GP, Inc. and Lincoln Unified School District Approved At the September 12, 2012, regular meeting, the Governing Board adopted the findings and conclusions set forth in proposed Board Resolution No. 12-18 which support the District entering into the Solar Power Design & Construction Agreement with Stellar Energy, pursuant to the requirements of Government Code sections 4217.10 thru 4217.18, and to approve the contract and authorize the Superintendent to sign it, contingent upon the future, successful Public Hearing and Board approval of the separate Maintenance, Operation, Monitoring & Performance Guarantee Contract, to be entered into between the District and Stellar Energy. As referenced under agenda item 10.02, the District may enter into an energy service contract if the Governing Board determines the terms of the contract are in the best interests of the District. This determination must be made following a scheduled public hearing. The Governing Board satisfied both of these requirements. Under the guidance of Urban Futures Inc., the District sought proposals for the design and construction of solar facilities to meet the District's energy needs through a request for qualifications (RFQ) process. The District received numerous responses from the RFQ and conducted two rounds of interviews with selected respondents. The District was assisted in these interviews by Urban Futures Inc., and Siemens Technologies staff. The Board received notification of the successful respondent, Stellar Energy Group GP, Inc., during the April 18, 2012, Board meeting. As a final review of the savings suggested by Stellar Energy GP, Inc., the District engaged Newcomb, Anderson and McCormick to conduct an independent analysis and audit of Stellar's financial analysis and energy savings model. By the following vote, the Board approved the Maintenance, Operation, Monitoring and Performance Guaranty Agreement between Stellar Energy GP, Inc. and Lincoln Unified School District, as presented Lenz Conklin 4 0 Bestolarides Yes 10.04 Solar Carport Structures and Parking at Maintenance Yard/Don Riggio School - Discussion only; no action required Superintendent Uslan presented various options regarding the placement of carport or ground mount solar panels at the Maintenance Yard/Don Riggio School. The Governing Board gave direction to move forward with preparing a change order to the contract with Stellar Energy GP, Inc., for carport structures at the Maintenance Yard/Don Riggio School. 10.05 Student Athlete Mandatory Random Drug Testing Discussion only; no action required The Governing Board recognizes that drug abuse is a serious concern in the District's schools and in our community. Drug use by students is physically and emotionally harmful, interferes with the learning process and is detrimental to the welfare of all members of the school community. Furthermore, drug use by students who participate in District athletic programs poses a direct threat to the health and safety of those students and the students with whom they compete. Participation in extracurricular activities is a privilege to those students who are willing and able to comply with the requirements of participation in the activity. Some students have abused this privilege. Consequently, the Governing Board and Superintendent are 4
considering a random drug testing program as a condition of participation in competitive extracurricular activities (including cheer) at the high school level. The purposes of the program are to 1) help protect the health and safety of all students; 2) help counteract negative peer pressure by providing students with a reason to refuse drugs; and 3) encourage and assist students with drug problems and to seek help in overcoming these problems. The Governing Board began this discussion at the September 12, 2012, meeting, and continued their discussion regarding the implementation of a random drug testing program for competitive student athletics at the high school level at tonight s meeting. The Board may take action on such a policy during their October 10 regular meeting. Superintendent Uslan explained the timeline for preparing and presenting the policy, and explained that this policy is not in any way intended to be discriminatory to athletes. If it were possible, District Administration would propose the testing of all students, but legal authority is confined to testing those involved in competitive athletics. He added the following critical elements regarding the policy: 1. It is not intended to be a disciplinary policy in any manner. Information would not be used for student discipline, nor would it become part of a student's permanent record, nor shared with law enforcement 2. There is a serious drug problem within district, like the rest of our community 3. Participation in athletics is a privilege, not a right 4. This policy proposes that a condition of participation is to comply with random testing 5. The primary intent of the policy is to preserve safety of students 6. It is hoped that the policy will give students another reason to make good decisions in a social setting 7. The District would like to offer assistance in dealing with a problem 8. No information would be passed to those who deal with discipline. Lincoln High School Principal Debbi Holmerud reported that 21% of 219 students suspended for drug and alcohol offenses over last three years have been student athletes. Fourteen percent of those expelled for drug- related offences have been student athletes. Whether or not it s a role they seek, student athletes are our leaders, and the patterns they set greatly affect the larger student body. Lincoln High School Vice Principal Joe Hancock added that there have been ten drug- related suspensions already this school year. Just this week, two student athletes were place on suspension for drug- related infractions. Mr. Hancock said that the trend seems to be that all students have easy access to drugs. Students leave at lunch and are driving back. In some instances, athletes return for practice after school after fallow time. Our primary concern is for our students to be safe. School Resource Officer Steven Kihlthau reported that there were approximately ten citations made last year, but there have already been three this school year. Citations are made only in serious offences. This record underscores a growing problem. The Board discussed this issue prior to opening it up for public comment. A summary of their comments and questions includes the following: 1. Student Trustee Small stated that whether those who are in sports or student activity leadership positions do or do not ask to be leaders, they are. 2. Trustee Conklin asked if students don t have insurance, could they take another 5
test in lieu of getting a doctor s note. Superintendent Uslan responded that they could. 3. Trustee Conklin asked what the cost would be to the District if donations slide off. Superintendent Uslan answered that the tests are approximately $50 each. Steroid tests are $100-200 per test. It will ultimately depend on which tests we offer. He believes there is so much momentum for this that it's unlikely that private funding would fade away, especially if testing for steroids was not included. 4. Trustee Ruhstaller said that he was glad to know testing would be paid for by donations. 5. He asked Superintendent Uslan to explain again why only student athletes would be tested. Mr. Uslan explained that there are some districts out of state that have extended it further and survived the courts. Within California, case law supports testing student athletes. 6. Trustee Ruhstaller requested a list at the next meeting of California school districts who have implemented a similar policy. 7. Vice President Lenz asked if any of the information from this testing would go on a student s transcript. Mr. Uslan responded that it would not go in their transcript, nor in their student records. The testing and results would affect athletics only. 8. Mrs. Lenz asked what would happen if students had drugs on them. Mr. Uslan explained that possession would not be caught via this process. As a clarification, if an athlete were found on campus in possession, he/she would be subject to the normal consequences. 9. Mrs. Lenz recommended that students should be informed of how long drugs remain in their system. The Superintendent suggested that this would be a good component in the mandatory meeting athletes have with their coaches at the beginning of each season. 10. President To- Cowell asked why the District would not test the band, since its members are required to play at football game. Superintendent Uslan responded that it is the advice of legal counsel to not include band on the approved list. 11. President To- Cowell added that some parents have challenged the privacy of this process because people would know when students miss practice and games. Superintendent Uslan responded that students miss practices now for a great variety of reasons. 12. Student Trustee Small commented that the policy might be too lenient. He asked if the Board be open to athletic consequences. The Shasta Union High School District policy has them off the team by third offense. Mr. Uslan responded that this policy is a good first step. Policies are always up for revision. If it turns out that there are repeat offenders, the Board may need to revise the policy, but he does not support this position at this time. President To- Cowell opened the discussion to those in attendance. A brief summary of those comments follows. Against (3 people): 1. Ron Strauther, parent of a Lincoln High School student, said that he believed the District already has forms that students and parents sign saying that they pledge to maintain a certain level of behavior. Why aren't we using those first? Why doesn t the District hold students to those pledges? Superintendent Uslan said that the District has taken a number of steps, those 6
forms being one of them. Not all of these measures have been effective. The proposed policy is not intended to replace, but rather to serve as an additional measure to help others. The District can't take measures or actions against parents. Consent comes from parent or from student over 18 prior to joining team. Mr. Strauther added that he felt the proposed consent form is similar to what we have. Why replace that? Mr. Uslan answered that abuse would continue to go undetected without random drug testing. 2. Celeste Giovanni, Lincoln High School student athlete, stated that she felt the proposed policy went against students constitutional rights. She felt the money should go to more valuable efforts. Superintendent Uslan explained that donors give for specific purposes. The District cannot use designated funds for other purposes. Miss Giovanni replied that private donors should be encouraged to give their money to something other than persecuting athletes. 3. John Wolf, parent of two Lincoln High School students, commended the Board on addressing issue of drugs in school. He disagreed that the problem is single to athletics, and stated that he believes the proposed policy poses legal challenges, that civil liberties are at risk when random testing is allowed. He believes this policy is unconstitutional and violates the Fourth Amendment. He could find nothing that validates that random tests are successful tools in decreasing drug use. He believes that the implementation of this policy would foment an attitude of distrust. Support addressing drug use, but with conditions and/or caution (4 people): 1. Jessie Hunt, Jr., parent of a Lincoln High School student, said that Mr. Uslan made reference to the fact that this would be to help, not to punish. Mr. Hunt wondered if people might ask if there is another agenda. If the policy were to be implemented, he would like to see some kind of assurance that subsequent practices would not be increasingly intrusive. Mr. Hunt expressed his support of the policy, but would like there to be some kind of consequence. He believes that the Board should realize that some, perhaps many, students will be repeat offenders. Mr. Hunt also asked how a doctor s form would look. Superintendent Uslan explained that a student could present a clean drug test or a form from doctor. He anticipates that it would be the same form as submitted at the beginning of the season. It would be up to the doctor to determine if additional testing would be necessary. Mr. Hunt added that he would like to see more research of what other districts' policies look like, what they do for consequences. He said that he didn t want this to become another way to profile students. All sports in each season should fall in a single pool. Mr. Uslan responded that the guarantee of no more than 15% tested from any sport would be more of a guarantee of non- discrimination. 2. Dennis Kita, parent of a Lincoln High School student, stated that, regardless of care we take to be impartial, when dealing with sensitive issues, it's about 7
perception. This could be a divisive issue. In seeking for funding, he encouraged the District to get money for intervention, outreach to medical community. He stated that he was on board with considering issue, but asked the Governing Board to temper their decision. Per Mr. Kita, the National Institutes of Health has said that we need more research to prove that randomized testing lessens drug use. He asked the Board to research how many students suspended for drug use have had safety issues. Mr. Kita was not against what Board is considering, but asked the Board to be more deliberate and cautious in their consideration. He offered to help with other drug education efforts. 3. Zach Calder, Lincoln High School student, asked if the implementation of this policy would this be affected by Prop 215 (Cannabis card). Superintendent Uslan answered that the District would rely on the Medical Review Officer to make such a determination. 4. Trent Callcott, Lincoln High School student athlete, said that he doesn t oppose the policy, but personally knows that many students who would choose drugs over sports. He feels we'd lose students. He also knows students who have attended substance abuse programs and still do drugs. Support (8 people): 1. Craig Pearce, Lincoln High School teacher and coach, expressed his support of the proposed policy. He stated that there is a significant danger to students who participate under the influence. As a parent, he'd want to know if his child was involved in drugs. Athletes are leaders. Instead of being cavalier, this policy will make them think about it. As he sees the policy, it would be a help and not a punitive vehicle. He completely supports the counseling component. 2. Denice Vincelet, parent of a Lincoln High School student, thanked the Board for making the attempt for trying to address a problem that is often pushed under the rug. She asked if District Administration had checked with Bret Harte Union High School District to see how their policy has impacted use, and asked how the District would notify students of testing. She added that passing this policy would be a great thing. Superintendent Uslan reported that he had talked with one district whose statistics show that their policy has resulted in fewer drug- related suspensions and expulsions. He added that he would not advocate for advance notice of testing, other than on the day of testing. Coaches won't know. Only medical personnel, athletic director, and perhaps the principal would know of impending tests. 3. Susan Bartman, Lincoln High School PTSA President, expressed thanks to the Board on behalf of the entire Lincoln High PTSA. Drugs and alcohol abuse have become a huge problem on campus. PTSA members are thrilled that the Board is considering this action and give their complete support. 4. Jim Dugoni, University of Pacific Associate Director of Athletics and parent of a Lincoln High School student, said that random drug testing is not news. The elements of the proposed policy been tested in courts and survived. This is a good effort for LUSD to work to clean up drugs, and is one valuable step of many to help clean up our community. There should be some shame in society if you're doing something illegal. 8
5. John Johnson, parent of Lincoln High School students, expressed his support of what the Governing Board is trying to accomplish. He encouraged Board members to work to get other districts engaged. 6. Maricarmen Anaya, parent of a Lincoln High School student, thanked the Governing Board for considering this policy. She believes that if the policy helps only one student, it will be worth it. She added that we need to start with something and it is our job as a community to continue to try ways to help our children be safe. 7. Alyssa Kimball, Lincoln High School student, said that she believes this policy is a great idea. She reported that she had spoken with many Lincoln High student athletes and they were in support of this measure. 8. Michelle Muao, parent of a Lincoln High School student, gave her complete support of random drug testing. She asked the Board to move forward. Superintendent Uslan concluded the discussion by expressing his respect for the Lincoln Unified community, for the scope and depth of the comments presented in tonight s meeting and in the letters that have been addressed to the Governing Board. He announced that this issue will return for discussion and possible action during the October 10, 2012, regular meeting of the Board. It is possible at that time that the Board will extend discussion and possible action to the October 24, 2012, regular meeting. 10.06 Naming of Facilities Approved By the following vote, the Board approved naming the farmhouse and surrounding support services facilities as the Dr. Everett L. Low Support Services Center. Ruhstaller Small 4 0 Bestolarides Yes 11. EDUCATION SERVICES REPORT 11.01 Physical Education Exemptions Approved By the following vote, the Board approved the Physical Education exemptions as presented. Conklin Small 4 0 Bestolarides Yes 11.02 Common Core State Standards Information only; no formal action required Kelly Dextraze, Associate Superintendent, Education Services, updated the Board on the District's progress regarding Common Core State Standards. She explained that an in- depth report would be presented at the October 10, 2012, regular meeting. 11.03 Adoption of Updated Board Policy 1312.3 Adopted By the following vote, the Board adopted Board Policy 1321.3, Uniform Complaint Procedures, as presented. 12. INFORMATION Lenz Ruhstaller 4 0 Bestolarides Yes 12.01 President To- Cowell announced that the next regular meeting would be held on October 10, 2012, in the Beverly Holt Boardroom, 2010 W. Swain Rd. (Note: The location was subsequently changed to Claudia Landeen School, 4128 Feather River Dr.) 9
12. ADJOURNMENT There being no further business to discuss, President To- Cowell adjourned the meeting at 10:20 PM. Respectfully Submitted, Approved and entered into the proceedings of the Board this 10th day of October 2012. Tom Uslan, Superintendent & Secretary to the Board Van Ha To- Cowell Board President VTC:TU:lsw 10