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.

Vice President Canter announced:

The Board is in receipt of the Milagro Charter Elementary School Petition, the New Designs Charter School Petition, and the Learning Academy of Excellence Charter School Petition. This constitutes a public hearing for each of the petitions, and those individuals who wish to address the Board on these items will be heard. Anyone who wishes to speak to these reports 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 the speakers already on the list.

The following speakers addressed the Board:

Mr. Ref Rodriguez representing the Milagro Charter Petitioners shared his time with Ms. Jacqueline Elliot

Ms. Jackie Duvivier Castillo representing the National Council of La Raza

Ms. Terri Arnold, Coordinator, and Mr. Peter Misseijer, Coordinator with the Charter Schools Unit, and Mr. Rodriguez responded to questions from Board Members.

President Huizar stated:

The Board will take final action to either approve or deny the charter requests at the Regular Board meeting on October 14, 2003. Should the charter requests be denied, the petitioners may submit the petitions directly to the Los Angeles County Office of Education or directly to the State for action.

Whereas, The California Education Code Section 48901.5 permits the governing board of a local school district, or its designee, to regulate the possession of any cellular telephones, pagers, and any other electronic signaling device by students on campus, attending school-sponsored activities, or while under the supervision and control of school district employees; and

Whereas, The possession of cell phones or pagers by students on campus could interrupt classroom instruction, interfere with emergency communications, or could be used to invade privacy or transmit information from student-to-student via text-messaging; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles prohibit the possession or use of any electronic signaling devices including cellular phones and pagers by students on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees, without consent of the principal or his or her designee. Exceptions to this policy may be granted by the site administrator for purposes relating to the health needs of a student. Students and parents are to be advised of this prohibition annually by the site administrator or designee.

The following speakers addressed the Board:

Mr. Yaw Adutwum

Dr. James Fleming

Mr. Edgar O. Hernandez

Mr. Adutwum and Mr. Misseijer responded to questions from Board Members.

The following speakers addressed the Board:

Mr. Jerry Williams representing the Learning Academy of Excellence Charter

Dr. Kenneth Edison representing the Learning Academy of Excellence Charter

Mr. Glenn Scott

Ms. Rene Crawford

Mr. Williams and Mr. Misseijer responded to questions from Board Members.

The following speakers addressed the Board:

Ms. Irene Kratz representing the Los Angeles Unified School District (LAUSD) Nutrition Network

Ms. Karlaliese Brown representing the LAUSD Nutrition Network

Mr. Chris Massey, Legislative Deputy for Councilmember Janice Hahn

Ms. Holly Priebe-Diaz, LAUSD Local District H

Ms. Canter moved:

Whereas, The Los Angeles Unified School District is the second-largest public school district in the nation with a student population of approximately 750,000;

Whereas, The District recognizes the challenges students face in their communities under the presence of crime, violence, and gang activity and the lack of pedestrian-friendly streets;

Whereas, The District acknowledges its responsibility to provide safe school environments and support for families in the protection of their children;

Whereas, The District embraces collaborative approaches to building safe schools through partnerships with various government and community agencies to develop and promote proactive, innovative programs and services designed to keep children and youth safe in their schools, homes, and neighborhoods;

Whereas, The issue of child safety provides an important opportunity for the District and the City of Los Angeles to work together to keep children, families and neighborhoods safe; and

Whereas, The City of Los Angeles has encouraged the District to designate the month of October as a time to renew and expand its commitment to safe schools and communities; now, therefore, be it

Resolved, That by the adoption of this resolution, the Board of Education of the City of Los Angeles hereby declares and observes October as "Child Safety Month," this year and every year thereafter; and be it

Resolved further, That the District hereby expresses its commitment to work with the City of

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

Ms. Esther Wong, Assistant Superintendent of Planning, Assessment and Research, responded to questions from Board Members.

By general consent, the Consent Calendar was adopted. Mr. Tokofsky was absent.

Mr. John Liechty, Assistant Superintendent of the Beyond the Bell Branch, responded to questions from Board Members.

Board of Education Report No. 79 - 03/04: Withdrawn by staff

Board of Education Report No. 80 - 03/04: Withdrawn by staff

Board of Education Report No. 84 - 03/04: Withdrawn by staff

Board of Education Report No. 91 - 03/04 - Agreements and Amendments: Assigned to Regular Calendar

Board of Education Report No. 92 - 03/04 - Facilities Contract Agreements, Change Orders, Completion of Contracts, Rejection of Bids, Termination of Contracts: Assigned to Regular Calendar

Before action is taken on Board of Education Report No. 48 - 03/04, the issuance of Certificates of Participation for multiple properties project, a public hearing must be held. This constitutes a public hearing and those individuals who wish to address the Board on this issue will be heard. Anyone who wishes to speak to this report should go to the recording booth at the back of the Board Room and fill out a speakers' card. Those individuals will be heard after the speakers already on the list.

Mr. John Perez representing United Teachers Los Angeles (UTLA)

Ms. Connie Moreno representing the Classified School Employees Association (CSEA)

Mr. Michael O'Sullivan representing the Associated Administrators of Los Angeles (AALA)

Ms. Patty Davis representing Teamsters Local 572

Ms. Ruth Sarnoff

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

Superintendent Romer addressed the Board regarding the Certificates of Participation and construction projects.

Mr. James Delker, Acting Deputy Chief Facilities Executive of Existing Facilities, briefed the Board
on the $600 million shortfall, the success of the BB Bond program, and the need to continue with the projects. Mr. Delker and Mr. Kevin Reed, General Counsel, responded to questions from Board Members.

Following discussion, Mr. Tokofsky moved to postpone the report to the Special Board Meeting on September 30, 2003. Ms. LaMotte seconded the motion.

After discussion and on roll call, the motion to postpone failed, 5 noes, 2 ayes, Ms. LaMotte and
Mr. Tokofsky.

Mr. Huizar moved the following amendment;

• Add the words "subject to a final vote in March 2004" following the words "Board of Education" in the Recommendations and to the Proposal.
  
  
• Add the following as item (e) to the Recommendations and to the Proposal:
  

• Add to Exhibit C, second "Whereas," the words "using Measure K proceeds" following the phrase "certain expenditures." That Whereas will read:

  Whereas, the District has paid, beginning no earlier than June 30, 2003, and will pay, on and after the date hereof, certain expenditures using Measure K proceeds (the "Expenditures") in connection with the acquisition, modernization and other improvement of the property located at various locations in the District (the "Project"), as more fully described in Schedule A attached; and

On roll call, the report as amended was adopted 5 ayes, 1 no, Ms. LaMotte, 1 abstention,
Mr. Tokofsky.

Ms. Dolores Sanchez representing the California School Employees Association (CSEA)

Ms. Wendy Bernstein representing the Associated Administrator of Los Angeles (AALA)

Ms. Denise Richards

Ms. Edna Mercado
Ms. Korenstein moved:

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.

Mr. Michael Eugene, Business Manager, responded to questions from Board Members and updated the Board on the meal eligibility program process. He commented on the decrease of hours for some classifications, and also addressed the need for reform in the Food Services Department.

After discussion and on roll call, the motion was adopted unanimously, 7 ayes.

The following speakers addressed the Board on Ms. Canter and Ms. Korenstein's motion regarding the Healthy Breathing Initiative:

Ms. Gail Ruderman representing the Natural Resources Defense Council

Mr. Aaron Feuer

Ms. Robina Suwol representing California Safe Schools

Mr. Tom Plenys representing the Coalition for Clean Air

Mr. Jim Ferraro representing Laidlaw

Mr. Dean Saito representing the South Coast Air Quality Management District

Ms. Canter moved:

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 Los Angeles City Board of Education 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 of the City of Los Angeles adopts the following requirements for all future bids for contract buses, effective immediately:

a. All buses must be 1994 or newer model buses;

b. Buses must be fueled by alternative fuels or diesel equipped with a California Air Resource Board (CARB) verified diesel particulate filter;

c. If a CARB 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, if available;

d. The District will establish as policy a preference for alternative fuels where models are commercially available for the specific engine, chassis and body configuration of the bus, if economically feasible;

e.Where alternative fuel buses are unavailable, the District shall establish as policy a preference for diesel buses that comply with 2004 model year emissions standards.

3) All bids must include tiered options for alternative fuel fleet composition with a minimum top tier of 30% alternative fuel buses. This requirement will not apply where alternative fuel models are not commercially available for the specific engine, chassis and body configuration of the bus.

Resolved, The Board instructs the Superintendent to create a dedicated funding stream to provide for life-cycling of District buses;

Resolved further, That in providing transportation for field trips, the District and its contractors will supply the cleanest model bus that is operationally available and cost efficient.

Following discussion and by general consent, the motion was adopted.

Before action is taken on Board of Education Report No. 63 - 03/04, adoption of Textbooks and Instructional Materials Certification Resolution, a public hearing must be held. This constitutes a public hearing and those individuals who wish to address the Board on this issue will be heard.

Anyone who wishes to speak to this report should go to the recording booth at the back of the Board Room and fill out a speakers' card. Those individuals will be heard after the speakers already on the list.

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

Mr. Merle Price, Deputy Superintendent, Instruction, Dr. Maria Gutierrez Ott, Sr. Deputy Superintendent, and Superintendent Romer responded to questions from Board Members.

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

Mr. Joel Parkes Opportunity Room at Audubon Charter Middle School

Ms. Laura Greenwood Discrepancies in Pay

Ms. Wanda Solomon and Miscellaneous Concerns
Mr. Jeremy Solomon

Mr. Eddie Jones Audubon Middle School/Community Concerns

Ms. Sharon Graves Problem at Solano Avenue School

With the consent of the Board, the following speakers addressed the Board

Ms. Pat Jones Washington Preparatory School

Ms. Annette Harrison Washington Preparatory School

Ms. Elaine Sarnoff Washington Preparatory School

Mr. Kyle Laughlin Washington Preparatory School

Mr. Guy Mehula, Deputy Chief Facilities Executive, New Construction, and Mr. Reed responded to questions from Board Members.

Following discussion and by general consent, the report was adopted. Mr. Lansing was absent.

Before action is taken on Board of Education Report No. 67 - 03/04, adoption of Alternative School Facilities Fee (Developer Fee), a public hearing must be held. This constitutes a public hearing and those individuals who wish to address the Board on this issue will be heard. Anyone who wishes to speak to this report should go to the recording booth at the back of the Board Room and fill out a speakers' card. Those individuals will be heard after the speakers already on the list.

Mr. Tokofsky requested that a monthly summary of contracts above $50,000 be provided to the Board.
Mr. Eugene and Mr. Duane Johnson, Director of Contract Administration Branch, responded to questions from Board Members.

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

Ms. Megan Klee, Chief Information Officer, responded to questions from Board Members.

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

Resolved, That the Board of Education of the City of Los Angeles appoint Guillermo Aguilar to the Bond Oversight Committee, as the nominee of the American Institute of Architects, replacing Michael Lehrer.

Mr. Reed responded to questions from Board Members.

Following discussion, Mr. Huizar withdrew his second, and the item was postponed to the Special Board Meeting on September 30, 2003.

Mr. Huizar announced his intention to introduce a motion to Improve School Safety.

Ms. Canter announced her intention to introduce the following motion regarding Hate Violence and Bias Related Incidents:

Whereas, The Los Angeles Unified School District has the responsibility to provide basic safety for all students in order to enhance their educational achievement;

Whereas, The Superintendent's Strategic Plan states "All students have a right to attend campuses that are safe, secure, and conducive to learning";

Whereas, Numerous studies demonstrate the correlation between a safe learning environment and overall student performance;

Whereas, The intent of the School Safety and Violence Prevention Act of 2000 is to protect students from discrimination, or any form of illegal bias, including harassment, on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability;

Whereas, The number of hate-based incidents and hate-based crimes on campuses of the District is severely underreported and inconsistent with City, County, and State statistics regarding hate-based incidents and crimes; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles direct the Superintendent to declare the identification, prevention, and proper resolution of hate-based incidents and crimes to be a priority of the staff and administration of all District schools and Local Districts;

Resolved further, That the Board direct the Superintendent to assemble a District cadre responsible for developing an anti-bias and hate-crime prevention training program for all appropriate school employees, including but not limited to deans, counselors, campus aides, safety officers, and administrators, as well as age-appropriate training programs for all school-aged children, and that this District cadre report to the Board of Education within three months with an implementation plan, which shall include staffing needs, program design, program administration, and staffing costs, ensuring that said recommendations can be implemented within existing resources;

Resolved further, That the Board direct the Superintendent to invite representatives from the following offices to participate in the aforementioned District cadre: 1) Chief Operating Officer; 2) Los Angeles Police Department; 3) Los Angeles Sheriff's Department; 4) Los Angeles School Police Department; 5) Pupil Services Branch; 6) Office of the General Counsel; 7) Educational Equity Compliance Office; 8) Office of Instruction; 9) Los Angeles County Human Relations Commission; 10) Project 10 Office; 11) City of Los Angeles Human Relations Commission; 12) Health Education Program; 13) Lesbian, Gay, Bisexual, and Transgender Issues Cadre; and other community-based organizations with expertise in developing anti-bias training programs for schools and school personnel; and be it finally

Resolved, That these training programs shall include, but not be limited to, such content as teaching school personnel how to accurately report hate crimes and related student disciplinary infractions; how to effectively respond to acts of hate violence and bias-related incidents; teaching pupils techniques for resolving conflicts without violence (including, but not limited to, anger management, conflict resolution, and peer mediation); and training school staff and administrators to support and promote peaceful methods for resolving conflicts among pupils.

9:30 a.m., Closed Session, August 26, 2003
10:00 a.m., Special Board, September 2, 2003
9:30 a.m., Closed Session, September 9, 2003
9:30 a.m., Special Board, September 9, 2003

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

APPROVED BY BOARD: November 25, 2003

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

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