MINUTES OF REGULAR PUBLIC MEETING OF GOVERNING BOARD
Place, Date and Time of Meeting
701 West Wetmore Road, April 10, 2001, 5:45 p.m.
Board Members Present
Dr. Kenneth Smith, President
Nancy Young Wright, Vice President/Clerk
Kent Barrabee, Member
Mike Prout, Member
Mary Schuh, Member
Central Administrators Present
Dr. Vicki M. Balentine, Superintendent
Dr. Katie M. Frey, Associate Superintendent
Dr. Richard Hooley, Associate Superintendent
Todd A. Jaeger, J.D., Associate to Superintendent and General Counsel
Constance Cigliana, Director of Finance
Call to Order and Signing of Visitors Register
Dr. Kenneth Smith called the meeting to order.
Change of Agenda
Item 8, Approval of Use Fees for District Ancillary Facilities, was moved to precede item 5.
1. Motion to Recess Open Meeting and Hold an Executive Session
Dr. Smith announced that the Board would recess open meeting and hold an executive session:
| A. Discussion and Consultation with Representatives of the Governing Board Regarding Negotiations with Employee Organizations Regarding Salaries, Salary Schedules, or Other Compensation, Pursuant to A.R.S. § 38-431.03(A)(5) Regarding Certificated Employee Negotiations for 2001-2002 Contract Year. |
A motion was made by Ms. Young Wright, seconded by Mrs. Schuh and passed unanimously, that the Board recess into executive session. The time was 5:46 p.m.
Reconvening of Meeting and Signing of Visitors Register
Following the executive session, Dr. Smith reconvened the meeting at 7:00 p.m. Dr. Balentine introduced Jean Scott, newly appointed Manager of Student Information Systems. Following the reception for Ms. Scott, Dr. Smith asked members of the audience to sign the visitors register. Procedures for addressing the Board were described.
Pledge of Allegiance
Principal Chuck Bermudez introduced Amphitheater Middle School students Peter Romero, Bryce Parker, Alice Dang, Logan Greene, Efe Okougbo, and Sophia Romero. They led the Pledge of Allegiance to the Flag and were presented with certificates of commendation.
Dave Bromley requested the outcome of the Attorney General's ruling dealing with the early retirement program and Arizona State Retirement. Dr. Smith requested that this information be provided to Mr. Bromley and other early retirees.
2. Announcement of Date and Place of Next Meeting
Dr. Smith announced the next regular meeting of the Governing Board: April 24, 2001, at
Wetmore Center, 701 West Wetmore (open portion of the meeting, approximately 7:00 p.m.).
3. Discussion of Employee Health Insurance Proposal from Arizona School Health Insurance
Program, Inc.
Board book information: Arizona School Health Insurance Program, Inc. (ASHIP) is a non-profit
corporation created under state statute in 1994 to provide health insurance and related health
services to school districts in Arizona. Provided services include but are not limited to the
joint purchase of health and welfare insurance, self-insurance of health and welfare coverage,
and provision of health-related services such as AHCCCS reimbursement billing. ASHIP has over
150 Arizona school district members, including Amphitheater Public Schools, and is the only
authorized administrator for SHAPE, Student Health-Arizona's Partnership with Education, and
the Administrative Outreach Program in Arizona.
In response to an urgent need for alternative employee health-care insurance programs due to skyrocketing costs in the private sector, ASHIP is preparing to offer a self-funded (pooling) program for school districts and charter schools in the Pima County area. ASHIP has been in discussion with Amphitheater District regarding its program, which is still in the developmental stage and which will be offered under contractual arrangements between ASHIP and Schaller Anderson, Inc. (a health-care management and consulting firm which has an extensive provider network already in place and which provides claims administration for self-funded health insurance programs). Current projections indicate that participation in the ASHIP program would offer District employees competitive or better benefits with less cost to both the District and its employees.
Dr. Balentine stated that in the District's continuing concern to ensure that good coverage is provided for employees, the administration is exploring options that might be available as a potential alternative to the District's current provider system. Kathleen Stillwell, Administrator of ASHIP, presented an overview of the health benefits program ASHIP will be offering, pointing out highlights of the program and calling attention to Option 1 and Option 2. Michele Minton, representative of Schaller Anderson, and Ms. Stillwell provided additional details and responded to questions from the Board. Discussion included the scope and costs of the program.
Audience member Karyn Vick spoke on behalf of the salary negotiations team, stating she was pleased with the way the issue has been handled in negotiations this year. Amphi E. A. President John Lewandowski expressed concern over a sufficient number of current doctors being included under only one carrier; the continuance of the District Insurance Committee, and when this decision will be made. Mr. Jaeger responded to Mr. Lewandowski's Insurance Committee concern, stating that the administration wants to bring this to the negotiations table where there is a greater level of participation by the association. Katy Kelly spoke in appreciation of the District's concern about employee health insurance.
4. Ironwood Ridge High School Update
| A. Construction Doug Aho, Manager of Construction Management, presented an update on construction at Ironwood Ridge High School. With an original contract price of $29,857,000.00, total paid out to date was $27,537,606.20; amount certified for this payout was $843,215.14; balance to finish, plus retainage, $2,319,393.80. The project is on schedule, within budget, with 92% complete. Mr. Aho reported on grandstands and field bleachers, contingencies, and other aspects of the project.
B. Program
A motion was made by Mrs. Schuh and seconded by Dr. Barrabee to approve the consent agenda. Ms. Young Wright requested that item N be voted on separately. In voting to approve the consent agenda with the exception of item N, the motion passed unanimously. Appointment of personnel is effective, provided all district, state and federal requirements are met. Ms. Young Wright, noting the importance of the public knowing the Board was approving Item N, Authorization of Commitment Letter to Arizona School Health Insurance Program, Inc. Regarding Participation in Employee Health Insurance Pooling Arrangement, moved that the Board approve the item, authorizing the Superintendent to execute the form of letter for the Authorization of Commitment. The motion was seconded by Mr. Prout and passed unanimously.
8. Approval of Use Fees for District Ancillary Facilities Dr. Balentine stated that last summer the District established some consistent facilities-use rates throughout the District for various programming. As we have worked through this year, we have come across a couple examples of facilities rates that do not particularly fit into the criteria the Board had previously approved. Being considered at this Board meeting was a rental use rate for the Rillito therapy pool. The administration had identified some key issues that it knows are critical for rental of that facility, one being liability insurance; the administration, in working with the Arthritis Foundation, had been able to eliminate that particular issue. It was the recommendation of the administration that the Governing Board establish a rental rate for the Rillito swimming pool from one of the three options provided (No. 3, Classroom Rate of $40 per hour, being the least expensive of the three options). Additionally, it was recommended that rental of the pool include requirements that the lessee have someone certified in CPR at the site during all hours of pool use, that each participant indemnify the District from liability, and that the applicant provide evidence of liability insurance providing limits of not less than $1,000,000 for bodily injury. In discussion of the actual cost of operating the pool and the possible illegal gift of public funds, Mr. Jaeger stated that if the use permitted is for that of a non-profit educational/political/religious organization which fits within the definition of the Civic Center Statute, the statute authorizes a district to provide that use free of charge; so in fact, if the district does not recover the full amount of its cost, that would not constitute a gift of public funds. In discussion, Dr. Balentine stated that in use of the pool, student use would take priority. Mr. Jaeger clarified that the District will require $1 million/$3 million liability insurance; we will also require every participant and utilizer of the pool to sign a waiver releasing the District from liability for their individual claims. Mr. Jaeger provided information on the District's liability coverage. Dave Kanto thanked the Board for the opportunity for the Arthritis Foundation to make a presentation to the Board. Mr. Kanto and Jolene Helt spoke of the need for use of the pool and the benefits of the program, scholarships that will be offered, and costs/insurance/underwriting. Ms. Helt stated that the Arthritis Foundation's insurance company has indicated there is no problem with liability coverage. District teacher Andy Morales addressed the Board regarding pool usage and community outreach, advocating use of the pool. A motion was made by Dr. Barrabee to make the pool facility available at the classroom rate. The motion was seconded by Ms. Young Wright and passed unanimously.
5. Regulation of Films in Classrooms Dr. Barrabee had submitted alternative wording/suggestions to the Board for consideration; these had been incorporated into the proposed policy. Mr. Prout commented upon copyright law, stating he would like to learn more as it pertains to the use of home video and the public; Dr. Balentine will provide this information. In discussion of how information regarding this regulation will be disseminated, Dr. Balentine stated that once approved, this will be conveyed to district principals, with the expectation that they will share it in staff meetings; from there it will be communicated in a consistent and regular way. Dr. Smith noted the use of the term "should" where "shall" or "must" would be better used. He stated that the Board could pass the item in concept at this meeting, subject to some editorial changes in cooperation between Dr. Barrabee and appropriate members of the staff; or the Board could continue the item until those things are accomplished and pass the regulation at a later meeting. Board members thanked Dr. Barrabee for his suggestions, asking that he meet with staff regarding these thoughts. There was discussion regarding use of films for recreational purposes; concern was expressed about some vague wording in the policy. In discussion of whether there should be a separate policy regarding films used for recreational purposes, Dr. Balentine stated she felt a separate regulation was not necessary, that Dr. Barrabee's suggestions would cover the concerns raised. Further discussion included copyright law/written permission issues; Board members expressed appreciation that this being included in the regulation. Dr. Barrabee suggested that under Use of Media in Schools, "Every video/film and computer software program used in a school should add value to the instructional program" be modified to read ". . . must be used to add value . . ." Dr. Barrabee stated that it is not that the value is in the video itself; it is how it is used. Board members commended staff for improvements made to the draft revision. Dr. Smith stated, with the understanding that further comments would be communicated to Dr. Hooley, he would move the item be continued until the next meeting. Dr. Barrabee seconded the motion. Ms. Young Wright stated she would give her comments directly to Dr. Barrabee, to be included with his comments; Board members were to e-mail both Dr. Hooley and Dr. Balentine with additional comments. The motion passed unanimously.
6. Approval of Policy Pertaining to District Review of and Comment Upon Rezoning
Proposals Ms. Young Wright stated that previously she had noted to the Superintendent her concern that a structure be in place by which a staff person would keep the Superintendent informed of rezoning proposals affecting the District. Mr. Jaeger provided clarification on the discretionary nature of the policy; the District may determine not to enter into an agreement; if it does wish to enter into an agreement, the policy provides for that. A motion was made by Ms. Young Wright, seconded by Dr. Barrabee and passed unanimously, to approve the policy as written.
7. Determination of Governing Board Position on Arizona School Boards Association's Action
Agenda Items Dr. Smith suggested that Board members limit discussion to K-12 concerns; and that the Board come up with a very short list, which would be more effective. He called upon individual Board members for their suggestions for ASBA Action Agenda items. Mrs. Schuh put forth the following, providing rationale: State-wide school facility alternative utility sources: Seek and support legislation that would fund feasibility of design, implementation of school facilities' use of alternative energy and utility sources, including but not limited to solar power. There were no objections to this being submitted as an action item. Mrs. Schuh proposed the following: Ask the legislature to fund a pilot program that utilizes technology to alleviate teacher shortages and rising costs. Discussion which followed included various uses of technology, particularly in the area of foreign languages; distance-learning and computer-assisted instruction. Mr. Prout proposed addressing the issue of obtaining money for purchase of land earlier while land is still available. Ms. Young Wright asked that the proposal be crafted so this is in addition to the process already in place for districts that appeal. Dr. Smith noted that to be made functional this would require legislative action. Dr. Smith noted that Ms. Young Wright serves on the ASBA Legislative Committee. Ms. Young Wright stated she keeps coming back to whether or not the Legislative Agenda for ASBA has strayed too far from some of the basic things that help districts: class size, teacher pay and impact fees. She stated, knowing that ASBA will be focusing on and advocating for teacher pay, she would like to remind ASBA again of the importance of impact fees and class sizes. Dr. Smith spoke of the importance of soliciting help from cooperative, aggressive Southern Arizona legislators to introduce and push bills in the legislature so ASBA can be proactive. Dr. Barrabee proposed supporting legislation to better fund special education and recognize a multiple profile of achievements for AIMS passage. Dr. Barrabee stated that in lieu of his previous proposal, he would move the following: That the Board support a legislative action that would set the minimal requirements for graduation from high school at those competencies which would allow a student to succeed at post-high-school vocational training, to be determined by criteria-referenced tests. He stated it might be possible to modify the AIMS in some way to select from it appropriate questions to satisfy the need. Ms. Young Wright stated she would second the motion for discussion. Dr. Barrabee provided rationale for his proposal. The motion failed, 1-4, with Dr. Barrabee voting in favor. Mr. Prout made a motion supporting legislation to recognize a multiple profile of achievements indicating student proficiency at basic skills. The motion was seconded by Dr. Barrabee. The motion failed, 2-3, with Mr. Prout and Dr. Barrabee voting in favor. Dr. Smith stated that, recognizing that the purpose of criterion-referenced testing is diagnostic, he would move to eliminate AIMS as a diploma gatekeeper, develop it carefully and use it only for diagnostic purposes; otherwise, eliminate AIMS entirely and use the money for instructional purposes. Ms. Young Wright seconded the motion. Mr. Prout stated his belief that if you pull the one solution away, a replacement solution should be offered. Discussion followed. The motion passed 4-1, with Mr. Prout voting no. Dr. Barrabee stated that there is now in the legislature a bill providing that if one is accepted to the U.A. without special provisions, that one receives a high school diploma. That being an alternative way, then if you get an associates degree at a community college, you ought to retroactively receive a high school diploma; and if you become certified from any vocational school, a training program, you also ought to get a high school diploma retroactively. Dr. Barrabee made a motion indicating such. The motion was not seconded. Dr. Smith proposed that an action item be: To clean up the enabling legislation for Proposition 301, including the elimination of LEAP and placing the decision-making authority having to do with Proposition 301 in the hands of locally-elected school boards. Dr. Smith noted that the LEAP Program places all authority for a school in the hands of the school principal and/or site councils appointed by the principals, with the school board having no authority. He spoke of the legal question of a school board having legal responsibility but no authority. Dr. Barrabee so moved. Mr. Prout stated that no action was needed because the Board had not voted on his or Mrs. Schuh's proposals. In discussion, it was agreed that Mr. Prout's and Mrs. Schuh's proposals were accepted without being voted upon; that certain suggestions were voted upon because they were controversial. In further discussion, Dr. Smith agreed with Mrs. Schuh's suggestion that the words "clean up the enabling legislation" be used in the rationale for the above proposal. Board members agreed with this proposal.
9. Study of Draft Revision to Governing Board Policy BEDBA Regarding Agenda Preparation
and Dissemination There was discussion on the proposed addition to the policy: "An item may be removed from a published agenda by the Superintendent when removal is determined to be necessary by the Superintendent, in consultation with the Governing Board President, or Vice President in the absence of the President." In discussion, Dr. Balentine noted that in the reality of the time line for providing documentation to the Board prior to a Board meeting, there are circumstances where some judgment is required in removing or postponing an item. There have been particular times where the Superintendent has needed to have this discretion to postpone an item without contacting all Board members. Suggestions included using the word "postpone" rather than "remove"; adding "The ability to remove an item from the agenda under the circumstances stated here in no way lessens the obligation of the Superintendent and President to allow the item to appear within a reasonable period of time"; and indicating that if that agenda item has been sponsored or requested by a Board member, as a courtesy that member should be notified if that item is to be pulled and why. Dr. Smith requested that Board members with specific concerns present these in writing at the next Board meeting.
Mr. Prout: Agenda item related to a letter from parents regarding their problems with the extended-year parent-climate survey.
There were not public comments.
A motion was made by Dr. Barrabee, seconded by Ms. Young Wright and passed unanimously, that the meeting be adjourned. The time was 10:43 p.m.
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