Place, Date and Time of Meeting
701 West Wetmore Road, April 24, 2001, 5:00 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. 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.

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 for:

A. Consideration and Determination of Appeal of Long-term Suspension Hearing Officer's Decision, Pursuant to A.R.S. § 15-843(A) B. Consideration and Decision upon Expulsion Hearing Officer's Recommendation, Pursuant to A.R.S. § 15-843(F)(2) C. Consideration and Decision Upon Expulsion Hearing Officer's Recommendation, Pursuant to A.R.S. § 15-843(F)(2) D. Discussion and Consultation with Representatives of the Governing Board Regarding Negotiations with Employee Organizations Regarding Salaries, Salary Schedules, or 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 Mrs. Schuh, seconded by Ms. Young Wright and passed unanimously, that the Board recess into executive session. The time was 5:01 p.m.

Reconvening of Meeting/Pledge of Allegiance/Signing of Visitors Register
Following the executive session, Dr. Smith reconvened the meeting at 7:08 p.m. and asked members of the audience to sign the visitors register. Dr. Smith announced that there was information available regarding ways to contact state legislators. Procedures for addressing the Board were described.

Pledge of Allegiance
Principal Roseanne Lopez introduced Walker Elementary School students Megan Huerta, John Ronan, Eli Medvescek, Kala Stepter, Adriana Hanson, Sarah Martinez and Logan Amos. They led the Pledge of Allegiance to the Flag and were presented with certificates of commendation.

Audience members addressed the Board regarding salaries/funding and support of District/Proposition 301/quality teachers and programs/interest-based negotiations process: Sue Bernas, David Murphy, Casey Smythe, Katy Kelley, Ryan Kittredge, John Abbott, Andy Morales, Jenny Constenius, Ann Rainwater, Elise Jones, Bill Thomas, Peggie Thomas, John Lewandowski, Shawn Volk, Chris Yetman.

2. Announcement of Date and Place of Next Meeting
Dr. Smith announced the next regular meeting of the Governing Board: May 8, 2001, at Wetmore Center, 701 West Wetmore (open portion of meeting, approximately 7:00 p.m.).

A motion was made by Ms. Young Wright, seconded by Dr. Barrabee and passed unanimously, to approve consent agenda items A - M. Appointment of personnel is effective, provided all district, state and federal requirements are met.

A. Approval of Minutes Minutes of the April 12, 2001 Governing Board meeting were approved. B. Appointment of Personnel Certified and classified personnel were appointed, as listed in Exhibit 1. C. Personnel Changes Certified and classified personnel changes were approved, as listed in Exhibit 2. D. Leave(s) of Absence Certified and classified personnel were granted leaves of absence, as listed in Exhibit 3. E. Separation(s) and Termination(s) Certified and classified personnel separations were approved, as listed in Exhibit 4. F. Request for Waiver of Graduation Requirement The Board approved the request for waiver of a graduation requirement, .5 physical education credit, for student No. 0528, Canyon del Oro High School. G. Award of Bid for Carpeting at Various Locations Bids for the replacement of carpeting at various sites were opened on April 12, 2001, 3:10 p.m., by Linda Strachan, Interim Purchasing Agent. Two bidders responded. The Governing Board awarded the bid for carpet replacement, in the amount of $141,459.22 (including contingency and alternate), to Flooring Systems. H. Award of Bid for Outbuilding Cleanup at 200 Desert Sky Road Bids for outbuilding cleanup at 200 Desert Sky Road were opened on March 26, 2001, 3:10 p.m., by Linda Strachan, Interim Purchasing Agent. The Board awarded the bid for the outbuilding cleanup, in the amount of $9,881.00, to Kary Environmental. I. Award of Bid for Parent Drop-Off at Harelson Elementary School Bids for the parent drop-off at Harelson Elementary School were opened on April 5, 2001, 3:10 p.m., by Linda Strachan, Interim Purchasing Agent. Two bidders responded. The Governing Board awarded the bid for the parent drop-off, in the amount of $27,889.00, to Pima Paving. J. Out-of-State Travel Out-of-state travel was approved (source of funding indicated): Juma Massinga, Amphitheater High School, to take six students to the DECA International Career Development Conference in California in April (students and vocational grant); Dr. Gail Bornfield, Special Education, to attend the Urban Special Education Leadership Collaborative in Michigan in May (major expenses paid by Collaborative; other expenses covered by Special Education); Clint Nelson, Canyon del Oro High School, to take the chess team to a national event in Missouri in April (all expenses assumed by Chess Club); students to be taken to world level academic challenge contests: Odyssey of the Mind in Maryland in June; Future Problem Solving, the University of Georgia in June; History Day, the University of Maryland in June (students will cover expenses through fund-raising efforts; REACH state grant will assist with Odyssey of the Mind and Future Problem Solving travel). K. Acceptance of Gifts Donations were accepted by the Governing Board, as listed in Exhibit 5. L. Approval of Vouchers The following vouchers were approved as presented and payment authorized: Vo.1017 $51,320.03 Vo.1018 $113,473.56 Vo. 1019 $47,439.28 Vo. 1020 $130,533.91 Vo. 1021 $15,124.26 Vo. 1022 $57,244.48 Vo. 1023 $68,423.24 M. Award of Bid for Hardware Replacement at Amphitheater High School and Donaldson Elementary School This amended agenda item was originally approved at the April 10, 2001, Governing Board meeting. The original amount reflected only the Donaldson portion of the bid for hardware replacement, requiring this correction. Building Renewal funds will be used for the project. The low bidder was Kelley Brothers. The Board approved the recommendation of the administration to award the bid, in the amount of $298,854, to Kelley Brothers. (Amphitheater High School, $175,136; Donaldson Elementary School, $123,718.)

3. Budget Development 2001-2002 – Staffing and Capital Allocations
Constance Cigliana, Director, Budget and Finance, and Dr. Gail Bornfield, Executive Director, Student Services, reviewed the development of the District's budget, focusing on calculation of the unrestricted capital budget limit and the soft capital allocation limit. Samples of elementary, middle school and high school staffing were presented. Special education staff allocations were reviewed.

Debbie Melde presented a petition from Amphitheater Middle School teachers regarding negotiations/ Proposition 301. Kurt Ijams addressed the Board regarding cuts, options to retain existing teachers. Dr. Smith replied: As far as the budgetary situation is concerned, the amount of money that we have coming in to the District is entirely controlled by the state. Of the unusual expenses that put us into this bind, one of them is the opening of Ironwood Ridge High School, and we are still paying for the opening of Painted Sky as well. In addition, we are going to pay for the enormous increase in staff health insurance costs. Furthermore, the previous administration projected a 2½ % growth rate, which our budget is based on for the budget year we are operating on now. We have already eliminated several administrative positions; we plan more cuts in administration. We have eliminated classified staff positions. If there is anyone who does not want to cut class size, it is the Board. We have proposed an increase of class size of two students per class, in addition to cuts across the board, so everybody suffered here. Arizona still ranks 50th in the U.S. for support of education. Some of you have asked if there is a way you can help. One of those ways I have already suggested to you. Ms. Young Wright in particular has been trying to organize lobbying which would help us in contacting a legislature that controls all of the money. You are concerned about these things; I wish you to know that certainly this Board and the Superintendent are as concerned. Speakers have asked if there are alternatives; one person suggested that we look hard at cutting some programs. Some of the proposition moneys that we are intending to use for teachers could go to class size, or some that we can use to help keep class size down could go to teachers. We welcome suggestions. Make sure your leaders and your negotiators are aware of those; we are still at the negotiating table trying to find the best solutions to these problems.

4. Review and Approval of Second Language Learner Plan for the District in Response to Proposition 203
Dr. Nedra Katz noted that Proposition 203 was approved by the voters in November. This proposition requires implementation of a method called Sheltered English Immersion, or Structured English Immersion (SCI). The approach is a methodology incorporating second-language techniques that are designed to make content meaningful and comprehensible to English language learners and focuses on the core content curriculum. The District currently has approximately 1,367 students who are English language learners; over 40 language groups are represented. Dr. Katz described the processes used to identify these students. In discussion, Dr. Smith noted that the item required approval, but it appeared to be a preliminary plan, that it would be a work in progress for the next several years.

A motion was made by Mrs. Schuh, seconded by Mr. Prout and passed unanimously, to approve the Second Language Learner Plan for Sheltered English Immersion.

5. Approval of Regulation of Films in Classrooms
Information and a draft of a revised film regulation were presented to the Governing Board at its March 13, 2001 meeting for comment. At the April 10, 2001 meeting, a regulation draft was prepared for the Governing Board, along with a parent permission form (IJND-E). In addition, the Board had received some up-to-the-minute input from Dr. Barrabee. The regulation was presented for approval.

Mrs. Schuh moved to approve the revisions as had been delivered to the Board, in the form of Regulation IJND-R, Agenda Preparation and Dissemination. The motion was seconded by Dr. Barrabee.

Hank Rowe noted that the regulation indicated there will be no showing of R-rated movies at the middle-school level; he spoke of the educational use of movies and asked that a proviso be added that, either by administrative or superintendent approval, a teacher at the eighth-grade level might use excerpts of certain R-rated films for educational purposes. Discussion of films shown at the middle-school level included: use of segments of films that might be age-appropriate/educationally purposeful, with portions of inappropriate material exempted; use of parent information/permission forms; approval of films/segments by a central administrator or principal, and the unwieldiness of such a process.

Mrs. Schuh stated she would withdraw her motion, not wanting to alter the policy to allow anything that is R-rated for any purpose at this age level. Dr. Barrabee moved that the Board accept the policy, with changes to be made that would allow for the judgment of the principal with regard to the appropriateness of the content which is selected to be presented to the students at all three age levels. There was discussion of the complexity of such a system and the burden it would place on a principal or his/her designee. Also noted was the complication of setting up alternative arrangements/assignments where a parent does not approve the viewing of excerpts of films. A more conservative baseline was suggested. The motion was not seconded.

Dr. Peggy Steffens, Media Committee Chairman, and Dr. Hooley spoke regarding the development of the policy, noting that the policy as presented was more liberal than the one that had been in place. Ms. Young Wright, stating she did not want to put any more burdens on site administrators, suggested that the policy be given a trial run; it could always be revised again. She requested that the software program information on page two be listed at the top, to draw more attention to it.

Mr. Prout asked if instructional media selected primarily for recreation as a reward squared with copyright law. Mr. Jaeger stated that fair-use doctrine would provide that media use in the classroom must be for an instructional purpose in face-to-face instructional activities within the classroom. However, within a school's own resources do exist instructional media that are purchased for recreational purposes and can be shown or listened to for that purpose; that language is present to recognize that the District has certain media that exist for that purpose.

Mr. Prout, referring to the Section 1, General Guidelines paragraph in IJND-R contributed by Dr. Barrabee, moved to insert the following paragraph at the end: "Copyrighted media produced for home use shall be prohibited except for excerpted portions allowed under the fair-use doctrine." The motion was seconded by Ms. Young Wright.

There was further discussion of the amount of the District's media supply that is primarily for recreational purposes. The Superintendent will supply this information.

Mr. Prout referred to the submission prepared by Dr. Barrabee, Section 3, The Copyright Law, second bullet: "It is illegal for District personnel to rent or purchase videos designated for recreational entertainment and show them exclusively for reward purposes. Films/videos that may fall into this category must have a specific rationale designating the selection's instructional benefits." He asked to add, after the word "benefits": "and only the portions required for the instructional purpose may be used under the fair-use doctrine." The seconder of the motion, Ms. Young Wright, accepted this insertion.

Mr. Jaeger clarified that the District does purchase videos/other media for recreational use, and pays license or purchase fees commensurate with that use. Dr. Barrabee, referring to Section 3, The Copyright Law (see above), suggested that changing "designated for recreational entertainment" to "produced for home use" would make the policy clearer. The maker and seconder of the motion accepted this amendment to the motion. The motion passed unanimously.

6. Review and Approval of Revision to Governing Board Policy BEDBA Regarding Agenda Preparation and Dissemination
Revisions to Governing Board Policy BEDBA were previously studied at the April 10, 2001, Board meeting. Pursuant to Governing Board direction, policy language had been developed to address the manner by which items on a published Board meeting agenda may be removed from that agenda. The BEDBA revision expressly authorizes the Superintendent to postpone an item where appropriate, in consultation with the Board President, or Vice President in the absence of the President. The revision states that the Superintendent shall inform the Board member, if any, who sponsored or requested the postponed item of the postponement in advance of the Board meeting.

A motion was made by Ms. Young Wright to approve Policy BEDBA. The motion was seconded by Dr. Barrabee and passed unanimously.

Mr. Prout: Future agenda item for development/review of policy regarding various activities that interfere with the flow of the curriculum/class time.

Ms. Young Wright: Information item regarding donation of vehicles to the District and the use made of those vehicles.

Mark Cavendish, Vice President, Amphitheater Education Association, commented on classified negotiations in process, and modification of the interest-based negotiations process.

A motion was made by Ms. Young Wright, seconded by Mrs. Schuh and passed unanimously, that the meeting be adjourned. The time was 9:53 p.m.

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