President Caprice Young called the meeting to order at 3:25 p.m.

The following Members were present: Ms. Marlene Canter, Ms. Genethia Hudley Hayes,
Ms. Julie Korenstein, Mr. Mike Lansing, Mr. David Tokofsky and President Caprice Young.
Mr. José Huizar arrived at 3:40 p.m.

Student Members Gladys Garcia from Bell High School and Joanne Law from Franklin High School
were present.

Superintendent Roy Romer was present.

Ms. Hayes lead the Pledge of Allegiance.

On behalf of the Board, Ms. Canter presented a plaque to Anne and Kirk Douglas and expressed her gratitude and appreciation for their continuing work. Children representing Eagle Rock Elementary School, who received the latest playground, were present to thank and express their gratitude.

Mr. Douglas expressed his feelings of gratification to be at an inauguration of a playground.

Student Member Joanne Law from Franklin High School reported that her school is a Comprehensive 9-12 multi-track high school located in Highland Park; a school with 86 years of Academic Excellence. The school established a Transportation Academy with an enrollment of over 300 students; a strong Humanitas Program; a Math and Science Magnet; and is currently creating Media, Journalism, and Drama Academies. She noted that students have completed their Stanford 9 tests and have made improvements. She commented on the many tests given in the month of May, such as the Advanced Placement (AP), Stanford 9, Golden State and the high school exit examinations, frustrating many students. She requested the Board's help to have the tests administered over several months.

In response to Board inquiry, Mr. Richard Vladovic, Local District K Superintendent, noted that the Academy will allow ninth grade students with an interest in teaching, to earn a high school diploma and an Associate of Arts degree simultaneously and to matriculate to California State Dominguez Hills University.

Mr. Dafer Dakhil

Mr. Frank Nishimura, Principal of Los Angeles Center for Enriched Studies (LACES)

Mr. Mike Hernandez, representing Councilman Nate Holden

Ms. Bunny Hull

Ms. Kathy Walton

Ms. Barbara Madison

Ms. Nicole Nicholas

Mr. Lansing moved that the report be adopted. Ms. Canter seconded the motion, which by general consent was adopted. Mr. Tokofsky was absent.

Later in the meeting, Mr. Tokofsky recorded a no vote on the report.

Ms. Eva Cifuentes, Coalition for Educational Justice

Mr. Alex Caputo-Pearl, Coalition for Educational Justice

Ms. Dana Clay, Coalition for Educational Justice

Mr. Sekade Kebede, Coalition for Educational Justice

Ms. Cynthia Davis

Mr. Dale Martin, Coalition for Educational Justice

Ms. Ana Gallegos, Coalition for Educational Justice

Mr. Huizar moved a waiver of Board Rule 72 to allow action on the motion. Ms. Hayes seconded the motion, which by general consent was adopted. Mr. Lansing was absent.

Ms. Hayes moved:

Whereas, The Los Angeles Unified School District schools in low-income communities and communities of color are resourced inequitably and suffer from a shortage of high quality academic materials, a dearth of high caliber well-supported certificated teachers and limited availability of college preparatory classes;

Whereas, Many of these schools are further disadvantaged by being overcrowded and on multi-track

Whereas, These conditions contribute to an achievement gap between inequitably resourced schools and other schools;

Whereas, The reliance on high stakes tests such as the Stanford 9 and the High School Exit Exam (HSEE) as the primary measures of school and student performance unfairly penalize students that have not been provided with the academic tools to perform to their highest potential on these tests;

Whereas, High-stakes tests such as the Stanford 9 and HSEE discriminate based on language because they are only given in English:

Whereas, High-stake tests such as the Stanford 9 and HSEE promote a narrowing of the curriculum and "teaching to the test" in all schools, and determine how much money schools and scholarship candidates get through the Academic Performance Index (API), and whether or not students will graduate from high school through the HSEE;

Whereas, In the 2000-2002 HSEE testing, African-American and Latino students failed at twice the rate of whites, and low-income students at twice the rate of middle-class students (Applied Research Center, Oakland), and the wealthiest 10% of schools in California have received more API rewards than schools in other income brackets (California Budget Project, Sacramento);

Whereas, Groups locally and nationally have developed alternative, potentially more equitable and academically construction tools to measure student learning and school performance; now, therefore,

Resolved, That the District authorize the Program Evaluation and Research Branch to conduct a study of alternative assessments that could be used by the District to the benefit of its students and schools, and be it

Resolved further, That the Program Evaluation and Research Branch undertake the study in partnership with a task force comprised of Board Members, teachers, administrators, university scholars and community-based education reform organizations; and be it finally

Resolved, That the Program Evaluation and Research Branch submit the names of the proposed members of the task force within 30 days, submit an interim report to the Board's Curriculum and Instruction Committee after 3 months and deliver a final report on its findings, including policy implications and recommendations, to the full Board after 6 months.

Ms. Hayes moved to amend the second Resolve to read as follows:

Resolved further, That the Program Evaluation and Research Branch undertake the study with nonbinding input from in partnership with a task force comprised of Board Members, teachers, administrators, university scholars and community-based education reform organizations; and be it finally

Mr. Tokofsky moved to delete all the "Whereas." Ms. Canter seconded the motion, which on roll call failed 4 noes, 2 ayes, Ms. Canter and Mr. Tokofsky. Mr. Lansing was absent.

On roll call, the motion as amended was adopted 4 ayes, 1 no, Mr. Tokofsky and 1 abstention, Ms. Canter.
Mr. Lansing was absent.

Ms. Hayes seconded the motion on the report, which was adopted by general consent, 6 ayes. Mr. Lansing was absent.

Ms. Hayes moved the following amendment:

That Case No. 349-01/02Be withdrawn and that the report as amended be adopted.

Ms. Korenstein seconded the motion, which by general consent was adopted. Ms. Canter, Mr. Lansing and Mr. Tokofsky were absent.

Later in the meeting, Ms. Canter and Mr. Tokofsky recorded aye votes on the report.

Ms. Vidonm Medina, Parents of White White House Place Primary Center
House Primary Center

The following speakers addressed the Board on the report:

Ms. Cheri Katz

Ms. Rochelle Farkas

Ms. Carmen Khotsikian shared her time with Mr. Francisco Torrero

Mr. Yuri Batres

Ms. Lilia Meza

Ms. Mary Ann Rolston

Ms. Korenstein moved that the report be adopted. Ms. Canter seconded the motion.

Mr. Huizar moved the following amendment:

That the Superintendent shall provide a report to the Board of Education outlining District policy on the minimum standard of services that are to be provided to all recent immigrant students at each school site. This policy should identify the needs of recent immigrant students and a plan for delivery of these services. Within 60 days, this policy will be presented to the Board of Education for adoption.

Mr. Tokofsky seconded the motion, which by general consent was adopted. Mr. Lansing was absent.

On roll call, the report as amended was adopted, 4 ayes, 2 noes, Ms. Korenstein and Mr. Tokofsky.
Mr. Lansing was absent.

Later in the meeting, Mr. Eugene Krischer, Friends of the Children, addressed the Board on this report and other matters.

Mr. Howard O. Watts Public Comment

Ms. Graciel Avila, in place of Aurora Perez Psychiatric Social Worker

Ms. Ruth Johnson Health and Human Services

Mr. Michael Saulenas Asbestos

Mr. Kathy Davis Psychiatric Social Workers

Ms. Angelica Chong Psychiatric Social Workers

Ms. Diana Trejo Psychiatric Social Workers

Ms. Ruth Sarnoff addressed the Board on the motion.

Ms. Hayes moved:

That the Board of Education of the City of Los Angeles appoint the Planning and Conservation League to the Blue Ribbon Citizens Oversight Committee for Proposition BB replacing the Environmental Defense Fund.

Ms. Canter seconded the motion, which by general consent was adopted. Mr. Huizar, Mr. Lansing and Mr. Tokofsky were absent.

Later in the meeting, Mr. Tokofsky recorded an no vote on the motion.

Mr. Frank Prior

Mr. Thomas Freiberg, Film Exchange Building.

Ms. Hayes moved that the report be adopted. Ms. Canter seconded the motion, and on roll call was adopted, 5 ayes, 1 no, Mr. Tokofsky. Mr. Lansing was absent.

After discussion and by general consent, the report was adopted. Mr. Lansing and Mr. Tokofsky were absent.

Later in the meeting, Mr. Tokofsky recorded an aye vote on the report.

BOARD OF EDUCATION REPORT NO. 1
FACILITIES COMMITTEE REPORT NO. 1

Mr. Huizar seconded the motion, which by general consent was adopted. Mr. Lansing and Mr. Tokofsky were absent.

Later in the meeting, Mr. Tokofsky recorded an aye vote on the Consent Calendar.

Mr. Tokofsky moved that the report be adopted. Ms. Canter seconded the motion.

Staff responded to questions by Board Members.

Roll call was held open pending the return of Board Members.

Later in the meeting, Ms. Hayes and Ms. Korenstein recorded aye votes on the report.

The final vote was 6 ayes, with the exception of Mr. Huizar voting no on Muir Middle School.

Roll was held open pending the return of Board Members.

The final vote was 4 ayes, l no, Mr. Tokofsky, 1 abstention, Ms. Korenstein. Mr. Lansing was absent.

Mr. Tokofsky moved that the report be adopted. Mr. Huizar seconded the motion.

After discussion and by general consent, the report was adopted. Ms. Canter and Mr. Lansing were absent.

Later in the meeting, Ms. Canter recorded an aye vote on the report.

Staff responded to questions by Board Members.

By general consent, the report was adopted. Mr. Lansing was absent.

After discussion and on roll call, the report was adopted, 5 ayes, 1 abstention, Ms. Korenstein.
Mr. Lansing was absent.

Whereas, The Board of Education of the City of Los Angeles is considering a local facilities bond for the November 2002 ballot; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles directs the Superintendent or his

Mr. Tokofsky's motion regarding Abercrombie & Fitch (Noticed May 14, 2002) was assigned to the Business, Finance, Audit and Technology Committee.

Whereas, California is a large state and home to a diverse population, including 40 percent of the

United States' Asian Pacific American population, which constitutes 13 percent of the State's total population;

Whereas, The Los Angeles Unified School District, the second largest in the nation, serves a student population of over 700,000 that reflects the regions diversity;

Whereas, The District strives to create an effective learning environment by teaching tolerance and respect for the many cultures, religions, and backgrounds of the students, parents, school staff and administrators who make up our community;

Whereas, Abercrombie & Fitch, a clothing retailer, recently marketed a new clothing line that depicts degrading, hurtful, and stereotypical caricatures of Asian Pacific Americans;

Whereas, The Asian Pacific American community and Los Angeles residents of many backgrounds have recognized that this campaign is offensive and have joined together to criticize the perpetuation of these negative images as part of a misguided marketing and sales campaign by Abercrombie & Fitch;

Whereas, Abercrombie & Fitch targets the youth market and has at least 15 stores in the Los Angeles area; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles joins with the Organization of Chinese Americans (OCA), Chinese American Citizens Alliance (CACA), Chinese Consolidated Benevolent Association (CCBA), LA80-20, and the Korean Youth and Community Center in strongly criticizing the use of degrading and hurtful images by Abercrombie & Fitch, or any other clothing retailer, as part of a marketing and sales campaign to target youth or any other market; and be it

Resolved further, That the Superintendent be directed to draft a letter to the Chief Executive Officer of Abercrombie & Fitch expressing the position of the Board of Education.

Ms. Korenstein moved:

Whereas, In recent years, many schools in the Los Angeles Unified School District have decided to suspend the use of student lockers as a way of helping to ensure campus safety from the presence of drugs; concealed weapons, as well as the inability to fund the repair of broken lockers;

Whereas, As a result of some of our schools no longer allowing students to use lockers has been a significant increase in the incidence of chronic neck and back pain among District students caused by routinely carrying heavy backpacks to, from, and around school campuses;

Whereas, Textbooks have become heavier over the years, weighing up to 5 to 6 pounds each, and an increase in academic workload has prompted students to carry more books to and from school than ever before;

Whereas, The effects of regularly shouldering heavy backpacks has the potential to contribute not only to chronic pain but also to scoliosis, a spinal condition that can affect the quality of life enjoyed by our students for the rest of their lives;

Whereas, Doctors presently recommended that school children should not carry more than 15 percent of their bodyweight on their backs;

Whereas, The average sixth grader weighs approximately 75 pounds and a backpack can weigh up to 30 pounds, this means that many of our students are regularly carrying more than twice the maximum recommended weight on their backs as a direct result of some schools' policy;

Whereas, Inconsistent policies regarding the inclusion of lockers between District campuses creates a marked inequity among students depending on where they attend school;

Whereas, Students need to have access to textbooks and other learning materials throughout the school day as well as at home; and

Whereas, The issues of safety and appropriate use of lockers can be effectively managed by way of adult supervision and the regulation of student access to such lockers; now; therefore, be it

Resolved, That the Board of Education of the City of Los Angeles requests that funding for lockers in existing and future schools be included in future local and State school construction facilities bond measures and any Federal school construction proposals; and be it

Resolved further, That the Board directs the Superintendent to instruct New Facilities to include lockers in the design and construction of all new middle school and high school campuses; and be it finally

Resolved, That the Superintendent implement a five-year plan to restore lockers to existing schools and Phase I Master Plan, as well as any future schools.

Staff responded to questions by Board Members.

Ms. Korenstein moved to amend the last "Resolved" as follows:

Resolved, That the Superintendent implement a five-year plan to restore lockers to existing schools and Phase I Master Plan, as well as any future schools.

The amendment was accepted as a friendly amendment by the seconder.

On roll call, the motion as amended was adopted, 4 ayes. Ms. Hayes, Mr. Huizar and Mr. Lansing were absent.

The final motion reads:

Whereas, In recent years, many schools in the Los Angeles Unified School District have decided to suspend the use of student lockers as a way of helping to ensure campus safety from the presence of drugs; concealed weapons, as well as the inability to fund the repair of broken lockers;

Whereas, As a result of some of our schools no longer allowing students to use lockers has been a significant increase in the incidence of chronic neck and back pain among District students caused by routinely carrying heavy backpacks to, from, and around school campuses;

Whereas, Textbooks have become heavier over the years, weighing up to 5 to 6 pounds each, and an increase in academic workload has prompted students to carry more books to and from school than ever before;

Whereas, The effects of regularly shouldering heavy backpacks has the potential to contribute not only to chronic pain but also to scoliosis, a spinal condition that can affect the quality of life enjoyed by our students for the rest of their lives;

Whereas, Doctors presently recommended that school children should not carry more than 15 percent of their bodyweight on their backs;

Whereas, The average sixth grader weighs approximately 75 pounds and a backpack can weigh up to 30 pounds, this means that many of our students are regularly carrying more than twice the maximum recommended weight on their backs as a direct result of some schools' policy;

Whereas, Inconsistent policies regarding the inclusion of lockers between District campuses creates a marked inequity among students depending on where they attend school;

Whereas, Students need to have access to textbooks and other learning materials throughout the school day as well as at home; and

Whereas, The issues of safety and appropriate use of lockers can be effectively managed by way of adult supervision and the regulation of student access to such lockers; now; therefore, be it

Resolved, That the Board of Education of the City of Los Angeles requests that funding for lockers in existing and future schools be included in future local and State school construction facilities bond measures and any Federal school construction proposals; and be it

Resolved further, That the Board directs the Superintendent to instruct New Facilities to include lockers in the design and construction of all new middle school and high school campuses; and be it finally

Resolved, That the Superintendent implement a plan to restore lockers to existing schools and Phase I Master Plan, as well as any future schools.

That the Board of Education of the City of Los Angeles (1) hereby declare 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 2002-2003 school year as a result of financial uncertainties, negotiations, legislation, and other factors, and

(2) suspend or amend all Board Rules, policies, and practices as applicable that may be in conflict

That, as a follow-up to Board action taken on June 12, 2001, declaring salaries indefinite for

unrepresented employees for the 2001-2002 school year, salaries are still declared indefinite for

the 2001-2002 school year.

After discussion, the motion was postponed to the Regular Board meeting on June 11, 2002.

Budget Services and Financial Planning Division No. 1 - Board Decisions on Proposed Budget Reductions: Assigned to Regular Calendar, Special Board Meeting on Thursday, May 30, 2002

Facilities Services Division No. 1 - Award of Advertised Construction Contracts, Approval of Changes Orders, Completion of Contracts, Award of Unadvertised and Informal Facilities Contracts, and Award of Energy Services Contract: Assigned to Regular Calendar

Facilities Services Division No. 2 - Adoption of a Resolution of Necessity and Authorization to Obtain Funds to Obtain Orders for Possession of Land Parcels Required for Los Angeles New Primary Center No. 1 (North of Ingraham Street and South of Wilshire Boulevard in the Block Bordered by Wilton Place to the East and Norton Avenue to the West): Assigned to Regular Calendar

Specially Funded & Parent/Community Programs Division No. 1 - Immediate Intervention for Underperforming Schools (II/USP) and Comprehensive School Reform Demonstration (CSRD) Program Cohort I Schools not Meeting Academic Performance Index (API) Growth Targets): Withdrawn by Staff

Specially Funded & Parent/Community Programs Division No. 2 - Applications for Immediate Intervention for Underperforming Schools (IIUSP) Cohort III and Comprehensive School Reform Demonstration Program (CSRD) Cohort III): Assigned to Regular Calendar

Facilities Services Division and Office of Environmental Health and Safety No. 2 - Approval of Project and Approval of Mitigated Negative Declaration State Street New Elementary School No. 1 (State Street and Live Oak Avenue): Assigned to Consent Calendar

4:00 p.m., Special Meeting, April 16, 2002
2:00 p.m., Regular Meeting, April 23, 2002
1:00 p.m., Special Meeting, April 25, 2002
9:30 a.m., Closed Session, May 14, 2002
9:30 a.m., Special Meeting, May 16, 2002
9:30 a.m., Closed Session, May 16, 2002

Ms. Canter seconded the motion, which by general consent was adopted. Ms. Hayes, Mr. Huizar and
Mr. Lansing were absent.

Ms. Hayes, Mr. Huizar and Mr. Lansing were absent.

The June 3 meeting of the School Safety, Health and Human Services Committee has been rescheduled to 10 a.m., Thursday, June 13, 2002, in Room H-160.

There will be Special Committee of the Whole meetings on Tuesday, June 4, 2002, at 4 p.m.,

regarding E-Rate Year 5, and Thursday, June 13 regarding the High School Exit Examination. Both meetings will be held in Room H-160 (Board Room).

Mr. Huizar's motion to Improve Management and Oversight of Professional Services Contracts (Noticed April 23, 2002) (Assigned to Business, Finance, Audit and Technology Committee) was postponed to the Regular Board meeting on June 11, 2002.

Whereas, The Board of Education of the City of Los Angeles supports competition in the contracting process so that all qualified bidders have a fair opportunity to enter bids and to eliminate favoritism, fraud, and corruption in the awarding of public contracts;

Whereas, When non-competitive procurement actions are taken, District staff should at the least indicate in writing the efforts they took to identify other vendors and the efforts they will take to ensure that future procurements are competitive;

Whereas, Non-competitive procurements should not be used because of poor advance planning;

Whereas, District business should be conducted in a manner above reproach and with complete impartiality, and the expenditure of public funds should provide the highest degree of public trust and an impeccable standard of conduct;

Whereas, A general rule must be to avoid any conflict of interest or even the appearance of a conflict of interest in District-contractor relationships;

Whereas, The procurement of professional services is governed by both the California statutes and Board policy;

Whereas, Board policy requires competitive bidding through a request for proposals for the procurement of professional services in excess of $58,900;

Whereas, Board policy allows an exception to competitive bidding if approved by the General Counsel, who may also ask input from the Office of the Inspector General;

Whereas, Recent reviews have shown that some District administrators are not complying with selected provisions of Board policies relating to professional services contracts; now, therefore, be it

Resolved, That waivers only be granted by the General Counsel for professional services contracts up to $500,000 that meet the following criteria:

District staff have thoroughly investigated possible vendors, and it is reasonable to believe no other significant vendor would appear who would offer the same quality of services at significantly different prices;

• Time is of the essence;

• The vendor already has significant knowledge of the problem, or the District has a high level of confidence in the work that more than offsets any price advantage that might be attained by a request for proposal;

• District staff have conducted a process similar to a request for proposal but without the formality; and be it
  
  

Resolved further, That any waiver for professional services contracts in excess of $500,000 be submitted to the Board for review and approval prior to District staff awarding such contracts; and be it

Resolved further, That the Office of General Counsel provide quarterly written reports to the Board showing the waivers requested, granted, and denied as well as the reasons for such decisions; and be it finally

Resolved, That the Chief Procurement Officer maintain statistics on the use of request for proposals for professional services contracts awarded over $58,900 and provide these statistics quarterly to the Board.

Whereas, Legislation enacted by the State Legislature, and signed into law by Governor Gray Davis, authorizes boards of education to raise the compensation they receive, currently set at a maximum of $2,000 a month, by an amount not to exceed 5 percent per annum;

Whereas, The Board of Education of the City of Los Angeles is experiencing great gains in academic achievement and great progress in its facilities program;

Whereas, The current budget crisis faced by the State of California is forcing unprecedented budget cuts and reductions in service to be imposed by local school districts;

Whereas, Great sacrifices are being asked by the students, parents, and employees of the Los Angeles Unified School District; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles refuses at this time to increase their compensation though allowed by law.

Resolved, That neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.

The Office of Inspector General should be funded through a mechanism that will provide adequate funding to perform its mission without subjecting it to internal or external impairments on its independence.

Whereas, The improprieties that surfaced in the District's relationship with the Eastridge Companies and in Arthur Andersen's relationship with another client are not grounds for debarment under the District's current debarment policy; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles directs the Superintendent to review the current District debarment policy and assess the need for any revisions; and be it

Resolved, That the Board directs the Superintendent to assess what role the District's ethic's policy should play in business decisions; and be it

Resolved finally, That the Superintendent report back to the Business, Finance, Audit and Technology Committee within 90 days.

APPROVED BY BOARD: July 9, 2002

______________________________________ _________________________________
CAPRICE YOUNG JEFFERSON CRAIN
PRESIDENT EXECUTIVE OFFICER OF THE BOARD

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