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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