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

REGULAR MEETING MINUTES
333 South Beaudry, Board Room
1:00 p.m., Tuesday, September 9, 2003

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 September 9, 2003, at the Los Angeles City Board of Education Administrative Offices, Board Room, 333 South Beaudry, Los Angeles, California.

President José Huizar called the meeting to order at 1:42 p.m.

The following Members were present: Ms. Marlene Canter, Ms. Julie Korenstein, Ms. Marguerite Poindexter LaMotte, Mr. Mike Lansing, Mr. Jon Lauritzen, Mr. David Tokofsky, and President José Huizar.

Superintendent Roy Romer was present.

Ms. Canter led the Pledge of Allegiance.

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President Huizar modified the Order of Business and passed the gavel to Ms. Canter.
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SPECIAL REPORTS AND PRESENTATIONS

TELEMUNDO PARTNERSHIP WITH THE LOS ANGELES UNIFIED SCHOOL DISTRICT

Mr. Huizar and Superintendent Romer recognized Telemundo, a Spanish broadcasting network, for its efforts in encouraging parent participation in schools and providing information to parents of the education services available to them.

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President Huizar assumed the Chair and resumed the Order of Business.
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CONSENT CALENDAR

Mr. Lauritzen moved the adoption of the following reports designated as Consent Calendar items in accordance with Board Rule 61:

BOARD OF EDUCATION REPORT NO. 42 - 03/04
Enhancing Education Through Technology Grant

BOARD OF EDUCATION REPORT NO. 47 - 03/04
Authorization to Negotiate and Enter into an Agreement to Renew the Lease at
1130 K Street, Sacramento - Office of Legislative and Governmental Affairs

BOARD OF EDUCATION REPORT NO. 49 - 03/04
Auction for the Salvage of Items and Sale and Relocation of Buildings

BOARD OF EDUCATION REPORT NO. 56 - 03/04
Report of Warrants Issued

BOARD OF EDUCATION REPORT REVISED NO. 59 - 03/04
Stay at Work Program

Mr. Tokofsky seconded the motion.

Mr. David Holmquist, Director of Risk Management, responded to Board Members questions regarding Board of Education Report Revised No. 59 - 03/04.

Mr. Tokofsky moved the following amendment to Board of Education Report Revised No. 59 - 03/04:

Adding to Recommendation No. 3...to review the guidelines, procedures and progress of the program.

Mr. Lauritzen accepted the amendment as friendly.

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During discussion, Mr. Huizar resumed the Chair.
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Mr. Guy Mehula, Deputy Chief Facilities Executive, Mr. Richard Sheehan, Special Counsel to the Board, and Ms. Anne Fischer, Chief Procurement Officer, responded to questions from Board Members regarding Board of Education Report No. 49 - 03/04.

By general consent, the Consent Calendar as amended was adopted.

President Huizar urged parents to take advantage of the supplemental educational available, such as the after school tutoring, through the "No Child Left Behind" legislation by filling out an application before the September 26, 2003, deadline. Mr. John Liechty, Assistant Superintendent, Beyond the Bell Branch, responded to questions from Board Members.

STUDENT INPUT

Student Member Claudia Aguilar from San Fernando High School shared the efforts of her school administrators and students in raising their CAT 6 scores. She noted that because of the modernization program occurring at her school there is added disruption to an already overcrowded school setting; she requested that attention be made to upgrading the sound system in the auditorium, providing classroom supplies, adding a surveillance system to increase security against vandalism, updating their public address system, and repairing the drainage system on the campus.

Student Member Danielle Flores from North Hollywood High School described the cultural mix of the students and some of the clubs and activities, as well as the success of a blood donation drive at her school. She expressed concern about sharing information with students who are off track to keep them involved in school activities, as well as the need to beautify the school campus, and to maintain school security.

Student Member Domonique Cisneros from Sylmar High School described some of the activities in which she has participated. She commended the Principal and staff on their support for the students and the various activities and clubs available to the students. She said the only concern that has been expressed to her was the need to air condition the school gymnasium.

RECEIPT OF COMMUNICATIONS FOR ACTION AT NEXT BOARD MEETING

Board of Education Report No. 63 - 03/04 - Textbooks and Instructional Materials Certification Resolution: To be Assigned by Committee on 9/18/03

President Huizar announced:

The Board is in receipt of Board of Education Report No. 63 - 03/04, Textbook and Instructional Materials Certification Waiver. This constitutes a public hearing on the request and those individuals who wish to address the Board on this item will be heard. Anyone who wishes to speak to this communication 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.

There were no speakers.

Board of Education Report No. 66 - 03/04 - Certificates of Accomplishment for Students with Disabilities who took the California High School Exit Examination with Modifications and Received a Passing Score: Assigned to Consent Calendar

Board of Education Report No. 67 - 03/04 - Adoption of Alternative School Facilities Fee (Developer Fees): To be assigned by Committee on 9/11/03

President Huizar announced:

The Board is in receipt of Board of Education Report No. 67 - 03/04 adoption of Alternative School Facilities Fee (Developer Fee). A public hearing will be held at the Regular September 23, 2003, Board Meeting in the Board Room. Those persons who wish to address the Board regarding this item should call Area Code (213) 241-7002 or Toll Free (877) 772-6273, prior to 10 a.m. the day of the meeting.

Board of Education Report No. 71 - 03/04 - Facilities Contract Agreements, Change Orders, Completion of Contracts, Rejection of Bids, Cancellation of Contracts: Assigned to Regular Calendar

Board of Education Report No. 72 - 03/04 - Amendment to Add One Project to the January 2003 Strategic Execution Plan for New Construction: To be assigned by Committee on 9/11/03

Board of Education Report No. 73 - 03/04 - Authorization for Staff to Proceed with the Expenditure of Funds for Real Estate Due Diligence, Environmental Studies, and Design Activities Required to Deliver the Proposed Measure K Project at Gratts New Early Education Center: To be assigned by Committee on 9/11/03

Board of Education Report No. 74 - 03/04 - Authorization to Negotiate and Enter into Agreements for Exchange of Property and Joint Use, Consideration of CEQA Addendum, and Project Approval for Jefferson New Elementary School No. 1 (Martin Luther King Boulevard and San Pedro Street): To be assigned by Committee on 9/11/03

Board of Education Report No. 75 - 03/04 - Authorization to Negotiate and Enter into Agreements for Exchange of Property and Joint Use, Consideration of CEQA Addendum, and Project Approval for North Hollywood New Elementary School No. 3 (Tujunga Boulevard and Califa Street): To be assigned by Committee on 9/11/03

Board of Education Report No. 77 - 03/04 - Agreements and Amendments: Assigned to Regular Calendar


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President Huizar modified the Order of Business.
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REGULAR CALENDAR

BOARD OF EDUCATION REVISED REPORT NO. 39 - 03/04
Agreements, Amendments, and Donations of Money

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

Deputy Superintendent Merle Price, Mr. Michael Eugene, Business Manager, Superintendent Romer,
Ms. Megan Klee, Chief Information Officer, Mr. John DiCecco from Student Health Services, and
Mr. Ken Gotsch, Chief Financial Officer, responded to questions from Board Members.

By general consent, the report was adopted. Ms. Canter and Ms. Korenstein were absent. Later in the meeting, Ms. Canter recorded an aye vote on the report.


BOARD OF EDUCATION REPORT NO. 44 - 03/04
Measure K Strategic Execution Plan for Information Technology

Mr. Lansing moved that the report be adopted. Ms. LaMotte seconded the motion.

Mr. James Alther, Direct of the Strategic Planning, Implementation, and E-Rate Program, and Mr. Jim Delker, Acting Deputy Chief Facilities Executive of Existing Facilities, responded to questions from Board Members.

By general consent, the report was adopted.


BOARD OF EDUCATION REPORT NO. 46 - 03/04
Facilities Contract Agreements, Change Orders, Completion
of Contract, Rejection of Bids, and Cancellation of Contract

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

DIRECTS

BOARD OF EDUCATION REPORT NO. 64 - 03/04
Student Reinstatements

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

BOARD OF EDUCATION REPORT NO. 65 - 03/04
Student Expulsions

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

BOARD OF EDUCATION REPORT NO. 68 - 03/04
Liability Insurance

Ms. LaMotte moved that the report be adopted. Mr. Lansing seconded the motion.

Mr. Sheehan and Mr. Holmquist responded to questions from Board Members.

By general consent, the report was adopted. Ms. Korenstein was absent.

BOARD OF EDUCATION REPORT NO. 69 - 03/04
Approval of Routine Personnel Actions

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

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The Board recessed at 3:07 p.m. into closed session in order discuss personnel issues pursuant to Government Code Section 54957 and reconvened the open portion of the meeting at 3:51 p.m. All Members were present.
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On roll, the report was adopted unanimously, with the exception of A-42487, -42488 and -42489 on which Ms. LaMotte voted no.

BOARD OF EDUCATION REPORT NO. 70 - 03/04
Various Purchasing Transactions

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

BOARD OF EDUCATION REPORT NO. 76 - 03/04
Approval of Nonroutine Personnel Actions

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

BOARD MEMBERS MOTIONS

Mr. Howard Watts addressed the Board on Mr. Lansing and Mr. Huizar's motion in support of the Kindergarten-University Public Education Facilities Bond Act of 2004 (noticed August 26, 2003) and other subjects.

Mr. Lansing moved:

Whereas, The Kindergarten-University Public Education Facilities Bond Act of 2004 (2004 Statewide School Bond) provides $12.3 billion in bonds to relieve overcrowding, reduce class size, and repair and upgrade California's elementary, middle, high schools, community colleges and universities;

Whereas, The 2004 Statewide School Bond measure is the second half of a two-part statewide education bond package to repair, upgrade, and build new school facilities, and the first half of the package (Proposition 47) was approved by California's voters in 2002, and passage of the second half of the package is equally as important to continue the work started;

Whereas, Within 6 weeks of voter approval of Proposition 47, funds were allocated to more than 2,000 overdue school construction and repair projects. Many more projects will soon be underway, but California will still have another $12.3 billion in new school construction and repair needs;

Whereas, More than a million California school children sit in overcrowded, deteriorating classrooms or temporary trailers and California has more students per class than all but two states;

Whereas, The 2004 Statewide School Bond provides matching funds to school districts that have already or will soon pass local school construction bond measures;

Whereas, More than 700,000 new students are expected to seek enrollment at California colleges or universities by 2010;

Whereas, The 2004 Statewide School Bond provides a much needed boost to the State's economy and putting Californians back to work building a better learning environment for our children is a wise investment in these difficult economic times; and

Whereas, The 2004 Statewide School Bond funds must be spent on school construction, not on overhead, and projects must comply with strict accountability requirement, including mandatory audits, to safeguard against waste and mismanagement; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles supports the Kindergarten University Public Education Facilities Bond Act of 2004. º
Ms. Canter seconded the motion.

Mr. Kevin Reed, General Counsel, responded to questions from Board Members.

By general consent, the motion was adopted. Ms. Canter and Ms. Korenstein were absent. Later in the meeting, Ms. Korenstein recorded an aye vote on the motion.

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President Huizar modified the Order of Business.
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The following speakers addressed the Board on Mr. Tokofsky's motion regarding Mechanism to Enforce "No Sweat" Procurement Policy (noticed September 2, 2003):

Mr. Christopher Mackin representing Sweat X, Inc.

Mr. Andy Griggs representing the United Teachers Los Angeles Human Rights Committee

Mr. Victor Naro in place of Jessica Kim

Ms. Erica Zeitlin representing No More Sweatshops

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President Huizar passed the gavel to Ms. Korenstein and left the meeting.
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Mr. Robert Taylor representing the Coalition for Educational Justice

The following speakers were given the opportunity to address the Board on the motion:

Mr. Alfredo Guerra and Ms. Enrique de Soto representing Sweat X, Inc.

Reverend Bob Miller

Ms. Susie Shannon

Mr. Tokofsky moved:

Whereas, The Los Angeles Unified School District established itself at the forefront of public agency procurement reform by implementing a "No Sweat" Procurement Policy on July 1, 2003. This policy resulted from a unanimous vote of the Board on January 15, 2003 to develop a policy to "ensure that District contractors and sub-contractors do not employ child labor or sweatshop labor";

Whereas, This policy is broad in scope and applies to all goods procured by central procurement and the Associated Student Body;

Whereas, The goal of the policy will be greatly enhanced by the development of effective enforcement mechanisms and the consideration of a non-poverty wage, both domestically and internationally; now, therefore be it

Resolved, That the Board of Education of the City of Los Angeles directs the Superintendent to establish an effective mechanism to enforce the "No Sweat" procurement policy that includes the assignment of qualified district personnel, the issuance of a Request for Proposals (RFP) with the intent to contract with an independent entity with proven experience in monitoring and resolving sweatshop disputes, and then consider the possible establishment of a task force, including advocates and experts. The Superintendent shall also consider the appropriateness of the enforcement model employed by the University of California and other universities that have adopted "No Sweat" guidelines for apparel licensing. The Superintendent shall make recommendations on enforcement and monitoring, including budget implications, for the Board's consideration and action by December 1, 2003; and

Resolved, further, that the Board endorses the policy goal of ending any procurement practices that result in wages below the poverty line for workers on District contracts and subcontracts. The Board further endorses the concept of a non-poverty wage standard as an element of the "No Sweat" procurement policy, and directs the Superintendent to create a process for evaluating and implementing such a non-poverty wage standard. This evaluation shall include: (1) consideration of non-poverty wages both domestically and internationally, (2) consideration of various definitions of non-poverty wages, including but not limited to data from the U.S. Department of Health and Human Services poverty index and the World Bank's ratios on comparative purchasing power, (3) an analysis of labor costs as percentage of production costs under current procurement guidelines; and (4) make findings concerning the potential costs to the District and ways to mitigate those costs to the extent feasible without perpetuating poverty wages. The Superintendent shall make his report and recommendations to the Board by March 1, 2004. º

Mr. Lauritzen seconded the motion.

Mr. Eugene and Mr. Reed responded to questions by Board Members.

By general consent, the motion was adopted. Ms. Canter and Mr. Huizar were absent. Later in the meeting, Mr. Huizar recorded an aye vote on the motion.

Mr. Warren Fletcher addressed the Board on Mr. Huizar and Ms. Canter's motion regarding Options Programs/Alternative Education Task Force to Study the Los Angeles Unified School District Options Programs/Alternative Education (noticed July 22, 2003).

Mr. Tokofsky moved:

Whereas, Senate Bill 65, the Dropout and Recovery Act of 1985, provided the vision and purpose of opportunity schools in the State of California, such that opportunity programs and classes provide a structured learning environment to help at-risk students, grades one through twelve, stay in regular classes or return to regular schools as soon as practicable;

Whereas, In the Los Angeles Unified School District the student population in the Options Program for year 2002-03 was 5,317;

Whereas, Two popular versions of Options Program/Alternative Education in existence include independent study programs and continuation schooling;

Whereas, The typical profile for District Options Program student is the following: most students are ages 14-18; attend an Options Program due to student preference, non-attendance at their regular high school, failing grades, school, family and behavioral problems, or lack of goals and motivation; and most students are below grade level in reading, math, and writing skills; most students do not have the skills to pass the proposed California High School Exit Exam;

Whereas, From a policy perspective, the area of Options Program/Alternative Education remains a generally misunderstood and unexamined specialization within public schooling;

Whereas, Current studies in the field of Options Program/Alternative Education indicate that there is inconsistency between alternative programs, and that there is a lack of oversight due to the various mandates that Options Program/Alternative Education has as individual institutions;

Whereas, The District would benefit from a study on the status of Options Program/Alternative Education programs; and

Whereas, The formation of a Districtwide Options Program/Alternative Education Task Force would study the District Options programs, including continuation schools, independent study programs, community day schools, and other related educational programming; now, therefore, be it

Resolved, That the Board of Education hereby directs the Superintendent to create a seven-member Options Programs/Alternative Education Task Force, with four experts from outside the District who have expertise in alternative education or in the community, and three District staff who are involved in the Options Programs/Alternative Education or the Division of Instructional Services. The President of the Board will designate the Task Force Chair;

Resolved further, That the District Office of Instruction convene, support, and work with this Task Force to develop a comprehensive report of the prevailing state of Options Program/Alternative Education in the District;

Resolved further, That this Task Force provide recommendations to the Board of Education on ways to improve Options Program/Alternative Education in the District; and be it finally

Resolved, That this Task Force submit its study and recommendations within six months of its creation.

Mr. Lauritzen seconded the motion.

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President Huizar resumed the Chair.
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Dr. Maria Ott, Senior Deputy Superintendent, and Mr. Price responded to questions from Board Members.

By general consent, the motion was adopted. Ms. Canter was absent.

PUBLIC HEARINGS

Mr. Jefferson Crain, Executive Officer of the Board stated:

Reference is made to Board of Education Report Nos. 51 through 55 - 03/04, adopted August 26, 2003, wherein the Board adopted resolutions of intention to dedicate, without consideration, portions of Commonwealth Elementary School Addition to the Los Angeles Department of Water and Power to allow access to and maintenance of utilities; at Rowan New Primary Center to the County of Los Angeles to improve access; at Southeast Area New Middle School No. 3 to the City of South Gate to improve access; at South Gate Elementary School No. 7 Dedication of property to the City of South Gate to improve access; and at Huntington Park New Elementary School No. 3 to the City of Huntington Park to improve access.

The Board has fixed this meeting as the time and place for the public hearings upon the question of such dedications.

President Huizar announced:

An opportunity is now given to anyone present to file with the Board petitions protesting the proposed dedications, signed by at least ten percent of the qualified electors of the District, as shown by the affidavits of one of the petitioners.

No petitions having been filed, a motion is now in order to adopt the resolutions.

Mr. Lauritzen moved:

Resolved, That the Board of Education of the City of Los Angeles, in pursuance of the provisions of Sections 17556 through 17561, inclusive, of the Eduction Code of the State of California, does hereby declare its intention to dedicate easement for utility line purposes at Commonwealth Elementary School Addition to the Los Angeles Department of Water and Power; for sanitary sewer line purposes at Rowan New Primary Center to the County of Los Angeles; for storm, water line, and street purposes at Southeast Area Middle School No. 3 to the City of South Gate; for covered storm drain, appurtenant structures, ingress and egress purposes at Huntington Park Elementary School to the City of Huntington Park; and for street purposes at South Gate Elementary School No. 7 to the City of South Gate, County of Los Angeles, State of California, legally described as follows:

For legal description see Exhibits A attached hereto and by this reference made a part of this instrument.

Such dedications are proposed to be made by Grant Easement Deeds for utility line, sanitary sewer line storm, water line and street, covered storm drain, appurtenant structures, ingress and egress purposes, without consideration, under the following conditions:

In the event Grantee ceases to use said real properties for the purposes described herein, then all rights of grantee herein shall cease and the above-described properties (Exhibits A) shall revert to the Grantor free and clear of the easement or estate hereby granted, and Grantor may reenter and retake full possession of said premises, it being an essential part of the consideration hereof that use by Grantee of said premises for the purpose described herein is a condition for the continuing of Grantee's easement or estate hereunder.

Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein;

and that the President of the Board of Education and the Director of Acquisition and Relocations or his designee be authorized to sign the Deeds on behalf of the Board, dedicating such properties to the Los Angeles Department of Water and Power, the County of Los Angeles, and the Cities of South Gate, and Huntington Park, upon the terms and conditions set for in the resolutions adopted August 26, 2003.

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

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President Huizar resumed the Order of Business and turned the Chair over to Ms. Korenstein.
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SPECIAL REPORTS AND PRESENTATIONS (Continued)

RECOGNITION OF OUTSTANDING TEACHER
OF THE YEAR AWARD - BERENDO MIDDLE SCHOOL

Mr. Huizar recognized Ms. Meryl Franco, Teacher at Berendo Middle School, as the recipient of the National Council of Social Studies Outstanding Teacher of the Year. On behalf of the Board, Mr. Huizar presented Ms. Franco with a certificate in recognition of her dedication and outstanding work at Berendo Middle School.

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President Huizar resumed the Chair.
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BOARD MEMBER MOTIONS (Continued)

The following speakers addressed the Board on Ms. Korenstein's motion Prohibiting the Use of Irradiated Food (noticed July 22, 2003):

Ms. Francesca de la Rosa

Mr. Frank Tamborello

Ms. Tracy Lerman representing the Public Citizen Organization

Ms. Jacqueline Domac

Mrs. Korenstein moved the motion with the amendments as noted:

Whereas, On May 29, 2003, the United States Department of Agriculture (USDA) announced that irradiated meat may, for the first time, be used by local school districts in their federally subsidized lunch programs, and the USDA indicated that districts will be able to, but not mandated to, purchase irradiated meat as of January 2004;

Whereas, The sale of irradiated meat has been available to the public since 1999 but has not been received with consumer confidence nor has it been permitted in our public school meal programs until this time;

Whereas, There have been no comprehensive, long-term studies done on humans regarding the health effects associated with the consumption of irradiated foods as a regular part of their diet;

Whereas, Many consumer groups strongly oppose the use of irradiated foods, citing research that this process destroys essential vitamins and can result in the formation of chemicals known or suspected to cause cancer and birth defects, including benzene, methyl ethyl ketone, toluene and methanol;

Whereas, Irradiation can also result in the formation of chemicals, called cyclobutanones which have never been found to occur naturally in any food, and have recently been associated with cancer;

Whereas, There is a significant body of research that indicates consumption of irradiated foods is linked to or may promote chromosome aberrations, internal bleeding, reproductive dysfunction, cell toxicity, and other disorders in test animals;

Whereas, Young children are the most susceptible population to cumulative toxins, additives, and chemical/radioactive processes, and there is still controversy and debate in the medical and scientific communities as to acceptable levels of radiation and the long-term effects of radiation on food products;

Whereas, Even when successfully eliminating bacteria, the process of food irradiation does not inactivate the dangerous toxins that have already been produced by bacteria and remain in food even after the bacteria has been destroyed, such as in the case of C. botulinum;

Whereas, Irradiation does nothing to remove the carriers of pathogenic bacteria that contaminate food, such as fecal matter, and by mitigating some of the dangers associated with unhygienic meat production and processing, may actually help perpetuate or even worsen the unsanitary conditions that cause meat to be contaminated in the first place;

Whereas, Industry associations have been lobbying to eliminate all microbial testing of irradiated meat, removing the only method currently in use to detect contamination during meat processing, citing "financial disincentive" as justification thereof;

Whereas, Cooking meat to 160° Fahrenheit kills all of the bacteria that irradiation does, and also kills bacteria that may have contaminated meat through improper handling and storage, which irradiation will not destroy;

Whereas, Irradiation may also cause mutations in bacteria that could lead to potentially more resistant strains;

Whereas, The European Parliament, after careful and diligent investigation, has recently ruled not to expand the trading of irradiated foods to include meat and produce within the European Union due to the many unanswered questions regarding the health and safety effects of irradiation; and

Whereas, There is a strong commitment on the part of the Board of Education to provide nutritious and unadulterated foods to our students as health has a fundamental effect on an individual's ability to learn; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles hereby prohibits the use of any and all irradiated food products in our Food Services lunch, breakfast and snack programs at all District school sites; and be it

Resolved further, the Board of Education shall review this policy in five years to reassess the health concerns that exists around the consumption of irradiated foods.

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

MOTION REQUESTED BY THE SUPERINTENDENT

Ms. LaMotte moved the motion related to Employee Retirement Incentive for certain cafeteria workers classification:

Whereas, The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law;

Whereas, One of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and

Whereas, The following is a statement of the proposed change:

To provide Section 20904 (Two Years Additional
Service Credit) for miscellaneous members.

Now, therefore, be it resolved that the Governing body of the Los Angeles Unified School District does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

Mr. Lauritzen seconded the motion.

Mr. Eugene responded to questions from Board Members.

By general consent, the motion was adopted. Ms. Canter and Mr. Lansing were absent.


INITIAL ANNOUNCEMENT

Mr. Tokofsky, Mr. Lauritzen - Cafeteria Clerks (Noticed August 26, 2003)

Whereas, Cafeteria Clerks are the school-site Los Angeles Unified School District employees who are responsible for ensuring that District students from low-income families receive free or reduced price meals through the National School Lunch and School Breakfast Programs;

Whereas, Cafeteria Clerks are the school-site District employees who ensure that the District receives complete reimbursement from the federal government for all meals served to qualifying pupils under the National School Lunch and School Breakfast Programs;

Whereas, Ninety school site Cafeteria Clerks in large year-round schools have been reduced in hours from 6.5 hours a day to 3 hours a day;

Whereas, Due to the reduction in work hours, Cafeteria Clerks in large year-round schools are unable to process the necessary paperwork to ensure that qualifying students receive breakfast and lunch;

Whereas, Due to the reduction in work hours, Cafeteria Clerks in large year-round schools are unable to process the necessary paperwork to ensure that the District is fully reimbursed by the federal government for all meals served to qualifying pupils under the National School Lunch and School Breakfast Programs;

Whereas, The number of students receiving free and reduced lunch is the indicator that determines Title I eligibility; now, therefore be it

Resolved, That the Board of Education of the City of Los Angeles reinstates effective immediately the work hours of the ninety Cafeteria Clerks in large year-round schools who recently had their work hours reduced to 3 hours a day from 6.5 hours a day for the 2003-04 school year;

Resolved further, That the Board of Education directs the Superintendent to develop a comprehensive plan to ensure that all students obtain the free and reduced meals for which they qualify and to remedy the existing problems that are preventing a thorough and complete identification and enrollment of eligible students; and be it finally

Resolved, That the Board of Education directs the Superintendent to present this plan to the Board within 90 days. º

Ms. Canter - Healthy Breathing Initiative

Whereas, Diesel exhaust has been identified by the State of California as a known human carcinogen, and diesel particulate and over 40 chemical components of diesel exhaust have been identified by the California Air Resources Board as toxic air contaminants;

Whereas, The South Coast Air Quality Management District (SCAQMD) concluded in its Multiple Air Toxics Exposure Study, released in March 2000, that diesel exhaust is responsible for over 70 percent of the cancer risk from breathing the air in the South Coast Air Basin;

Whereas, Diesel exhaust is also known to be a major source of fine particles, which aggravate heart and respiratory problems, increase the risk for asthma attacks and cause premature death, and of oxides of nitrogen (NOx), which combine with hydrocarbons to form smog and have been connected to decreased lung function growth in children;

Whereas, Children are known to be among those most susceptible to the negative health effects of diesel exhaust exposure for many reasons, including that a child's developing body is less capable of defending itself against pollutants such as diesel particles, that children typically breathe at twice the rate of an adult, thereby receiving and retaining greater doses of pollution, and that children tend to breathe through their mouths, thereby bypassing the natural filtering protections of the nose;

Whereas, Cleaner alternatives to new diesel school buses exist, including natural gas school buses, that are widely available, that have been proven to be durable, and that emit less NOx, particulate matter and air toxics than a new diesel school bus;

Whereas, The SCAQMD has adopted Rule 1195 which will require school districts to purchase, lease, or contract only buses that run on cleaner, alternative fuels, such as natural gas, instead of on diesel fuel, provided that adequate funding is available to cover the incremental cost of the cleaner bus; and if funding is not available to cover the incremental cost of an alternative fuel bus allows the purchase of an "intermediate diesel school bus" equipped with a diesel particulate filter and advanced NOx technologies;

Whereas, School buses running on alternative fuels are the cleanest school buses available today and provide the maximum protection of school children's health;

Whereas, The use of diesel particulate filters have significantly reduced emissions of particulate matter as compared to traditional diesel powered school buses and therefore provide increased protection of school children's health as compared to traditional diesel-powered school buses;

Whereas, The use of diesel particulate filters in combination with advanced NOx reduction technologies as mandated starting in the 2004 model year will further reduce NOx emissions and therefore provide increased protection of school children's health as compared to traditional diesel-powered school buses and buses equipped with a diesel particulate filter;

Whereas, Rule 1195 provides an exemption to the requirement to purchase an alternative fuel bus where there is no commercially available bus for a specific engine, chassis and body configuration necessary for a specific school bus route; and

Whereas, On March 27, 2001, the Board of Education of the Los Angeles City adopted a resolution supporting adoption of Rule 1195 by the South Coast Air Quality Management District, as proposed with requirements for adequate external funding and the commercial availability of configurations that would meet the needs of the District; now, therefore, be it

Resolved, That the Board of Education adopts the following requirements for all future bids for buses, effective immediately:

1)The Los Angeles Unified School District will accept only bids for buses that meet the following criteria:

a. Buses must be 1994 or newer model buses;

b. Buses must be fueled by alternative fuels or equipped with a verified diesel particulate filter;

c. If a verified diesel particulate filter is not commercially available for the specific engine, chassis and body configuration of the bus, the bus must be equipped with a diesel oxidation catalyst;

d. The District will establish an explicit preference for alternative fuels where models are commercially available for the specific engine, chassis and body configuration of the bus;

e. Diesel buses that comply with 2004 model year emissions standards shall be given preference over those with solely a verified diesel particulate filter.

2) Effective January 1, 2006, The District will only accept bids for buses fueled by alternative fuels or diesel school buses that meet emissions standards for the 2004 model year.

3) All bids must include options for minimum alternative fuel fleet composition of 0%, 25% and 50%.

Resolved further, That the Board instructs the Superintendent to create a dedicated funding stream to provide for life-cycling of District buses; and be it finally

Resolved, That in providing transportation for field trips, the District and its contractors will supply the cleanest model bus available.

President Huizar announced his intention to present a motion declaring October as Child Safety Month.

CORRESPONDENCE AND PETITIONS

REPORT OF CORRESPONDENCE

Mr. Lauritzen moved that the recommended disposition of the items of correspondence as indicated
in the report be approved. Ms. LaMotte seconded the motion, which by general consent was adopted.
Ms. Canter and Mr. Lansing were absent.

ANNOUNCEMENTS

Mr. Tokofsky announced:

There will be a Special Committee of the Whole Meeting regarding the California High School Exit Exam on Thursday, September 18, 2003, at 1 p.m. in the Board Room.

PUBLIC COMMENT

The following speakers addressed the Board on the subjects indicated:

Ms. Leonore Wax in place of Tessa Hicks Professional Development Event at Hamilton High School

Ms. Adele Dominguez in place of Maria Dortha Dayton Heights/Concerns Regarding Bungalows

Ms. Estela Brito Dayton Heights/Concerns Regarding Bungalows

Ms. Alma Espinosa in place of Iliana Lopez Dayton Heights/Concerns Regarding Bungalows

BOARD MEMBER MOTIONS (Continued)

The following speakers addressed the Board on Mr. Huizar and Ms. LaMotte's motion regarding Opposition to Proposition 54 ­ Ballot Initiative to Ban Classification by Race, Ethnicity, Color, or National Origin (noticed August 26, 2003):

Ms. Sikivu Hutchinson

Ms. Norma Vega in place of Hector Villagra representing the Mexican American Legal Defense and Educational Fund

Ms. Kate Beaudet regarding the Coalition for Educational Justice

Ms. Efrain Escobedo

Ms. Erica Linnick in place of Kimberly West Faulcon representing the NAACP Defense and Education Fund

Ms. Maria Estrada

With the approval of the Board, Myra Soriano, Professor Paula Cruz Takash, and Audry Diaz addressed the Board on the motion.

Ms. LaMotte moved:

Whereas, The ballot initiative to ban "Classification by Race, Ethnicity, Color, or National Origin" has qualified for the October 7, 2003, ballot;

Whereas, The California Constitution currently allows the collection and use of race-related information and most state and local governments collect information on race, color, ethnicity, or national origin for various purposes;

Whereas, Proposition 54, beginning on January 1, 2005, would expressly prohibit "classifying" information on a person's race, ethnicity, color, or national origin for the purposes of public education, public contracting, public employment, and other government operations;

Whereas, Federal law requires race-related information to comply with Federal non-discrimination laws, particularly equal employment opportunity laws and as a condition of receiving various Federal funds;

Whereas, Currently, the Los Angeles Unified School District is required by the State Education Code to collect student information on students' race and ethnicity upon enrollment into the District;

Whereas, The District collects race-related information with regard to enrollment, home-language usage, test scores, free-and-reduced lunch eligibility, student participation in Gifted and Talented (GATE) and Advanced Placement (AP) coursework, bussing and student integration patterns, and for demographic information on teachers, administrators, top management, parental participation, etc.;

Whereas, This data is crucial in the development of educational policy, to tailor instruction programs, better understand student needs, and to better serve the parents and constituents of the District;

Whereas, Under Proposition 54, government agencies could no longer collect race-related information associated with: public school students participating in a limited number of specific state education programs and tests, high school students participating in some University of California educational outreach programs, college students participating in the State's loan forgiveness program, and students taking State teacher credentialing exams;

Whereas, Currently, the District has embarked on an initiative to reduce the "achievement gap" that exists for test scores, high school graduation rates, and college enrollment rates between Anglo students and students of color, and also has initiated a new program to help students pass the High School Exit Exam, and such efforts rely heavily on the use of racial data to track students who need assistance, and to track student progress;

Whereas, Proposition 54 would undermine school accountability, hamper the District efforts to close the achievement gap, and prevent the District from tailoring programs to improve the quality of education for students of different races or ethnicities; and

Whereas, Proposition 54 would erode the civil rights gains achieved for students in K-12 in the past 50 years since the groundbreaking Supreme Court Case Brown vs. Board of Education which required schools to provide equal access to educational opportunities to public school students; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles hereby stands in opposition to Proposition 54, the ballot initiative to ban Classification by Race, Ethnicity, Color, or National Origin, which has qualified for the October 7, 2003, ballot.

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

PUBLIC COMMENT (Continued)

The following speakers addressed the Board on the subjects indicated:

Ms. Rosana Starks and Ms. Yolanda Williams Character Education Program

- - - -
President Huizar passed the gavel over to Mr. Tokofsky and left the meeting.
- - - -

Ms. Frances Malloy Periodic Assessments in Language Arts

- - - -
President Huizar resumed the Chair.
- - - -

Mr. Manuel Aldana Educational Issues

Dr. John Fernandez East Los Angeles New High School
(1st and Mission)

Mr. Carlos Montes, Centro Community East Los Angeles New High School
Service Organization (CCSO)

Ms. Blanca Dueñas, CCSO East Los Angeles New High School

Ms. LaMotte moved that the Board meeting be adjourned in memory of Mrs. Donna Merle Walton, retired teacher of Menlo Elementary School, and in support of the Taft High School students injured near the school. Mr. Lauritzen seconded the motion, which by general consent was adopted. Ms. Korenstein and Mr. Lansing were absent.

The meeting adjourned at 7:04 p.m.

APPROVED BY BOARD: October 14, 2003




______________________________________ ______________________________________
JOSE HUIZAR JEFFERSON CRAIN
PRESIDENT EXECUTIVE OFFICER OF THE BOARD

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