Roll Call

Pledge of Allegiance

Adoption of Consent Items - Regular Meeting of September 9, 2003

1. Board of Education Report No. 66 - 03/04 ADOPTED
Planning, Assessment and Research

(Certificates of Accomplishment for Students with Disabilities who took the California High School Exit Examination with Modifications and Received a Passing Score) Approve allowing students with disabilities who passed the California High School Exit Examination with modifications to the exam to accommodate their disabilities to receive Certificate of Competence.

(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]) Project approval for Jefferson New Elementary School No. 1.

(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]) Project approval for North Hollywood New Elementary School No. 3.

Nicole Bandy from Reseda High School, Jessica Bennett from Taft High School, and Angela Rodriguez from Cleveland High School

4. Board of Education Report No. 78 - 03/04 REGULAR
Educational Support

(Supplemental Service Providers Contract) Authorizes execution of contracts to provide academic assistance and tutoring for students outside of the regular school day for up to $10 million.

6. Board of Education Report No. 80 - 03/04 WITHDRAWN

7. Board of Education Report No. 84 - 03/04 WITHDRAWN

8. Board of Education Report No. 85 - 03/04 PUBLIC HEARING CONSENT
Instructional Services

(Milagro Charter Elementary School Petition) Approves charter school petition for 5 years to create an independent charter school in the Northeast area of Los Angeles for grades Kindergarten - 5.

(New Designs Charter School Petition) Approves charter school petition for 5 years to create an independent charter school in the Adams and Exposition Park areas of Los Angeles for grades 6 - 12.

(Learning Academy of Excellence Charter School Petition) Approves charter school petition for 5 years to create an independent charter school in the Crenshaw area of Los Angeles for grades 9 - 12.

(Agreements and Amendments) Approves amendment to previous agreement with the Sacramento County Office of Education by approximately $3.75 million and accepts specified donations.

(Facilities Contract Agreements, Change Orders, Completion of Contracts, Rejection of Bids, Termination of Contracts) Approves advertised and unadvertised construction contracts totalling approximately $11.5 million and professional service agreements for $295,000.

Recognition of Immigrant Workers Freedom Ride

Recognition of Officer Wright 2:30 p.m.

(Debt Management Policy) Establishes guidelines for the issuance of various types of debt instruments and other long-term financial obligations.

(Certificates of Participation $250 Million) Authorizes preparation and sale of not to exceed $250 million of Certificates of Participation; approves an increase in the District's general fund annual debt service limit from $90 million to 2.5% of General Funds Appropriations.

(Textbooks and Instructional Materials Certification Resolution) Declares that all schools have sufficient textbooks in core subjects.

(Adoption of Alternative School Facilities Fee [Developer Fee]) Approves an increase to developer fees with specific exceptions to $3.73 per square foot.

(Facilities Contract Agreements, Change Orders, Completion of Contracts, Rejection of Bids, Cancellation of Contracts) Approves advertised and unadvertised construction contracts totalling $71 million; approves construction change orders for $860,000; approves three two-year professional service agreements totalling up to $2.1 million.

(Amendment to Add One Project to the January 2003 Strategic Execution Plan for New Construction) Approves adding Gratts New Early Education Center project to the Facilities Strategic Execution Plan.

(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) Approves preliminary activities to study and design Gratts New Early Education Center adjacent to proposed Gratts New Primary Center on Hartford Street between 4th and 5th streets.

(Agreements and Amendments) Approves professional services agreements totalling $5.7 million and amendments to increasing specific professional services agreements by $1.1 million.

(Student Expulsions) Expels 9 students and suspends enforcement of the expulsion action for 8 of the students. Assigns the students to appropriate educational settings.

(Various Purchasing Transactions) Ratifies purchase orders, expenditures and contracts totalling approximately $14.5 million.

24. Board of Education Report No. 88 - 03/04 (Direct) ADOPTED
Human Resources

(Special Education Teacher Credential Waivers) Approves request to apply for waivers to credential requirements for 23 Special Education teachers.

(Nonroutine Personnel Actions) Approves nonroutine personnel transactions for the hiring of 6 people, the dismissal of 3 individuals and the rescission of dismissals for 2 employees.

Board Members Motions

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.

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 conventional diesel school buses exist, including natural gas school buses and advanced low-emitting diesel buses using particulate traps and low sulfur fuel in combination with advanced NOx reduction technologies, that are widely available, that have been proven to be durable, and that emit less NOx, particulate matter and air toxics than a conventional 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 conventional diesel powered school buses and therefore provide increased protection of school children's health as compared to conventional 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:

1)LAUSD will accept only bids for contract buses that meet the following criteria:

b. Buses must be fueled by alternative fuels with an oxidation catalyst (if available), by diesel equipped with a California Air Resource Board (CARB) verified diesel particulate filter, or be a gasoline fueled Ultra Low Emission Vehicle (ULEV);

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.

2) Effective January 1, 2006, LAUSD will only accept bids for contract buses fueled by alternative fuels or diesel school buses that meet emissions standards for the 2004 model year, or be a gasoline fueled Ultra Low Emission Vehicle (ULEV).

3) All bids shall include specified tiered options for alternative fuel fleet composition with a minimum top tier of 30% alternative fuel buses. Bids shall also specify tiered options for buses that comply with 2004 model year emissions standards. 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; and be it finally

Resolved, 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, subject to existing District collective bargaining agreements and contracts.

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 Los Angeles to organize activities and events to observe October as Child Safety Month.

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.

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.

33. Mr. Huizar - Resolution to Improve School Safety

34. Ms. Canter - 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.

35. Report of Correspondence APPROVED

Miscellaneous

36. Approval of Minutes APPROVED

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

Announcements

Audit, Business, Technology reschedule time to 3:00 p.m. on 10-16-03

This Week in Education

Public Comment

Adjournment

Please Note That The Board Of Education May Consider Any Item Referred from a Board Meeting Five Calendar Days Prior To This Meeting. (Education Code 54954.3(b)(3))

The Board Of Education May Also Refer Any Item On This Order Of Business For The Consideration Of A Standing Committee Of The Board Of Education Which Meets On The Tuesday Or Thursday Immediately After This Meeting.

Members Of The Public Who Wish To Address The Board Regarding Items On This Agenda Should Call The Board Secretariat At Area Code (213) 241-7002 or Toll Free (877) 772-6273, Prior To 10:00 A.M. The Day Of The Meeting To Determine If They May Be Added To The Speakers' List.