AMPHITHEATER
PUBLIC SCHOOLS
Tucson,
Arizona
MINUTES OF
REGULAR PUBLIC MEETING OF THE GOVERNING BOARD
Place, Date and Time
of Meeting
Wetmore Center, 701 West Wetmore Road, April 23, 2002, 5:30
p.m.
Board Members Present
Dr. Kenneth Smith,
President
Mary Schuh, Vice President/Clerk
Dr. Kent Barrabee, Member
Mike Prout, Member
Nancy Young Wright, 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
Dr. Kenneth Smith called the meeting to order.
Change of Agenda
Order
Following the Pledge of Allegiance, agenda items were taken in the following order: 3. District Track Meet – History and Recognition; Reception for Newly Appointed Administrators; 2. Announcement of Next Regular Governing Board Meeting; Public Comment; 7. Approval of Uniforms at Nash Elementary School.
EXECUTIVE SESSION
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 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 and classified employee negotiations
for the 2002-2003 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 5:31 p.m.
OPEN SESSION
Dr. Smith reconvened open session at 7:07 p.m. and asked
members of the audience to sign the visitors register. Procedures for addressing the Board were
described.
Pledge
of Allegiance
Linda Haller, Rillito Center Coordinator, recognized students A.J. Soderman, Adolfo Avila, Chantil Sharp and Ross Griswold. They led the Pledge of Allegiance to the Flag and were presented with certificates of commendation.
3. District Track
Meet – History and Recognition
Anne Wheaton, Mesa Verde Elementary School, presented an
overview of the District Track Meet.
Michael St. John, Harelson Elementary School, presented a video of the
2002 program. He thanked Maureen
Hrabar, Harelson tech coach, for her role in putting the presentation together,
and recognized all those who have been instrumental in implementing and
continuing the program over the past approximately eighteen years. Physical Education Specialists introduced
student athletes, who were presented with certificates. In appreciation of their support of quality
elementary physical education, a plaque was presented to the Governing Board
and administration.
Reception for Newly Appointed
Administrators
Dr. Balentine welcomed newly appointed principals Patricia
Harris of Amphitheater High School, and Ernest Galaz of Holaway Elementary
School. Dr. Smith invited those present
to join in a reception for Ms. Harris and Mr. Galaz.
2. Announcement of Date and Place of Next
Regular Governing Board Meeting
Dr. Smith announced the next regular meeting of the
Governing Board: Tuesday, May 14, 2002,
approximately 7:00 p.m., at Wetmore Center, 701 West Wetmore.
Ken Smith provided a legislative update (available at
amphi.com).
7. Approval of Uniforms at Nash Elementary School
Board Book
Information: Nash Elementary School requests permission to conduct a two-year
uniform pilot (2002-2003, 2003-2004 school years). Research on student achievement, behavior and school climate
support this initiative. Moreover, Nash
has adopted a commitment to engage parents, students, staff and neighbors to
build a learning community. We believe
that uniforms will further this goal.
This uniform pilot will assist the success of the La Cima Middle School
plan and prepare students to dress for success.
Ballot
results:
Parent balloting (all
Pre-K-4 parents): 79% support proposal; 21% oppose proposal.
Student balloting (all
K-4 students): 78% support proposal; 22% oppose proposal.
A committee of parents and teachers has proposed that Nash Elementary School be authorized to adopt the La Cima Uniform “Dress for Success” plan for the 2002-2004 school years. It is the recommendation of the administration that the Governing Board approve an exception to policy to permit uniforms at E.C. Nash Elementary School.
Principal Alice ”Rusty” Farley elaborated on the “Tribes,” a community-building process focusing on developing a positive culture based upon open collaboration. The students, staff and community develop a shared vision, a sense of values, incorporating diversity and encouraging active participation based upon caring, trust and teamwork. Site council member and PTO President Art Tate reviewed the process followed in developing a proposal for the wearing of uniforms at Nash. Karen Rakowitz and Pat Wilson provided details regarding the acquisition of uniforms by students. Maria Candelaria provided pros of the program; Anna Molina provided cons.
Audience member George Millen spoke in support of the uniforms, and requested clarification regarding the dress code at District schools. Dr. Smith requested that the administration look into this matter; Mr. Prout asked that this be placed on a future agenda.
Mrs. Schuh moved approval of the Nash plan for uniforms. The motion was seconded by Mr. Prout.
Board members commended the school for the process that had been followed. There was discussion of individuality and the role of uniforms, as well as the difference they can make in areas such as classroom behavior.
The motion passed unanimously, 5-0.
4. Review of 2002-2003 Budget Development and
Monthly Budget Status Report
Ms. Cigliana presented the monthly budget status report of April 17, 2002. She reported that the District had not received an update on progression of Proposition 301 funding since the previous Board meeting. Dr. Balentine noted that the State Legislature had capped the desegregation budget for each district in the state at each district’s current fiscal year level. Thus, if expenditures were to go over that cap during the next year, they would need to be absorbed into the regular M&O budget.
5. Review and Discussion of District
Participation in Arizona School Health Insurance Programs (ASHIP), Including
Renewal Rate Information for 2002-2003 Fiscal Year
Board book information: When
the District was faced with skyrocketing employee health insurance rates a
little more than a year ago, the Governing Board directed the administration to
study self-funding the District’s program in order to better control those
costs. ASHIP, a non-profit corporation
authorized under state law to offer self-funded (pooled) insurance programs to
public schools, was eventually selected as the District’s vendor.
The District’s experience with ASHIP this fiscal year has been a
positive one. Benefits for employees
improved considerably. Choice of care
providers was extensive, as was the pharmaceutical formulary. Customer service statistics, available for
the first time on a very detailed basis, evidence very high quality. Providers have commented that under the
program they were very satisfied with their ability to make appropriate
decisions with their patients. The
District has received very few complaints concerning the program.
Due to the nature of the program, we are now able to see where the
District’s health care dollars are going; we can now obtain statistical
information we have been lacking in previous years. We now know, for example, how demographic factors affect our
utilization, and where costs are higher.
This will enable ASHIP to better predict emerging health-care trends,
allowing for preventative-care efforts and other cost-saving mechanisms. What the utilization information also tells
us is where we may be experiencing disproportionate health-care costs such that
we may need to adjust our rates. The
information learned over the past year, in fact, demonstrates that ASHIP must
adjust its premiums in order to cover the collective costs of the participating
school districts. ASHIP’s experience
over the last year clearly shows that early retirees, on the average, cost the
program much more than existing employees of the District. Consequently, the program will be setting
separate premiums for employees and early retirees for the 2002-2003 school
year.
Mr. Jaeger reviewed information received from ASHIP regarding proposed renewal rates for the 2002-03 school year, and provided comparisons. He reported that we have experienced high levels of consumer satisfaction under the ASHIP program. We have learned that we in the education field generally are high utilizers of health care. ASHIP will be quoting separate rates for District early retirees in the ASHIP program because of the difference in cost they bring to the pool.
A motion was made by Dr. Barrabee, seconded by Mr. Prout and
passed unanimously, to approve consent agenda items A -J. Appointment of personnel is effective,
provided all district, state and federal requirements are met.
A. Approval of
Minutes of Previous Meeting
Minutes of the April
9 and April 16, 2002, Governing Board meetings 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
Leave of absence
requests were approved for certified and classified personnel, as listed in
Exhibit 3.
E. Separation(s) and
Termination(s)
Certified and classified personnel separations were approved, as listed in Exhibit 4.
F. Approval of
Fireworks for Canyon del Oro High School and Amphitheater High School 2002
Graduation Ceremonies
The Board approved the requests of the 2002 graduating classes of Canyon del Oro High School and Amphitheater High School for firework displays at graduation ceremonies, on May 20, 2002 (AHS) and May 21, 2002 (CDO).
G. Approval of Textbooks for Display
Textbook: Basic Concepts of Chemistry
Publisher: John Wiley & Sons
Author: Leo J. Malone
Price: $80.00 (Three hundred books will be purchased at Ironwood Ridge High School,
totaling $24,000.)
Textbook: Understanding Psychology
Publisher: Glencoe
Author: Richard Kasschau
Price: $53.97 (Ninety books will be
purchased at Ironwood Ridge High School, totaling
$4,857.30.)
H. Approval of Out-of-State Travel
Out-of-state travel for staff was approved (source of funding indicated): Scott Linaker, Canyon del Oro High School, to attend the National Athletic Trainers Association Board of Directors meeting in Washington in May (all trip expenses, NATA; substitute costs, District); Barbara Kohl, La Cima Middle School, to attend School Safety Leadership Training in California in May (Violence Prevention Grant).
I. Acceptance of
Gifts
Donations were
accepted by the Governing Board, as listed in Exhibit 5.
J. Approval of
Vouchers
The following vouchers were approved as presented and payment authorized:
Vo.
227 $288,383.86
Vo.
228 106,290.70
Vo.
229 94,221.26
Vo.
230 186,803.14
Vo.
231 67,263.13
Vo.
232 56,708.04
Vo.
233 140,573.49
Vo.
234 2,285.78
6.
Authorization of Administration to Negotiate Leases for Wireless
Communication Antennae and Related Facilities on School Grounds and
Authorization of Call for Bids Regarding Same
Board book information: The Governing
Board has previously studied the issue of leasing space on school grounds to
third parties for the purpose of constructing cellular phone antennae. Other local school districts already permit
such leases, providing rental income to those districts. One local school has four antennae on its
football field light poles, bringing an estimated $48,000 in annual rent to
that district.
In addition to leasing “air space” to a cellular carrier, such an
arrangement typically requires the construction of physical facilities. These facilities may include base stations,
antenna structures and/or cabling/equipment runs. Typical installations mount antennae arrays onto football field
light poles, which would rise ten to fourteen feet above each light. Specific structures or equipment needs are
determined on a per-site design basis.
Prior to contracting this type of facility, an electromagnetic
environmental impact study would be completed, at vendor expense, to determine
whether any risk of harm is presented by a proposed project. At this time the administration is
requesting authority to call for bids for interested vendors and to negotiate
terms of contract. Any contract will be
contingent upon Governing Board approval.
Dr. Balentine noted that in previous Board discussion of wireless communication there were many questions raised. The administration believed it had now answered those questions. The item was being presented this evening for further discussion, and potentially for Board action.
In discussion, Mr. Jaeger stated that the RFP would give minimum requirements that needed to be addressed, including environmental impact studies; and would provide for compensation for the District’s study, to be conducted by an expert of our choice. A firm would do this because they will have been awarded the contract subject to a satisfactory environmental impact study. There could be no commitment until the Governing Board accepted a proposal. He noted that this request had been initiated by one site, Ironwood Ridge High School.
Ms. Young Wright moved to give the administration authority to call for bids for the wireless communication antennae and related facilities on school grounds. Mrs. Schuh seconded the motion.
Dr. Barrabee suggested an amendment to the motion to include, “subject to favorable results from the environmental impact and risk-of-harm study.”
Mr. Prout suggested pursuit of a good neighbor policy, with the neighbors in question. Mr. Jaeger responded that this could be pursued. He noted that we presently have one modicum of input: the site council by definition includes a community representative.
Ms. Young Wright and Mrs. Schuh accepted Dr. Barrabee’s added wording. The motion passed unanimously, 5-0.
8. Review of Draft Revisions to Student Records
Directory Information Policy
Board took information: As the Governing Board is aware, Congress
has recently passed two very important pieces of legislation which impact the
District: the USA PATRIOT Act (an
anti-terrorism law) and the No Child Left Behind Act (NCLB) (a substantial
education funding bill). Both of these
laws contain little-known provisions that affect the District’s student records
information policy.
The PATRIOT Act requires that we disclose personally identifiable
records (including home address and phone number) of students for purposes of
terrorism investigations, without telling parents we have done so. The NCLB Act will require that we provide
parent names, addresses and telephone numbers to the Armed Forces for
recruitment purposes, regardless of what we define as directory
information. (Presently, our policy
excludes address and phone number from the definition of Directory
Information.)
Draft revisions to our
policy and regulation that would comport with these new requirements are
attached. This item is presented at this time for discussion and review and
will be presented at the next Board meeting for adoption
In discussion of USA PATRIOT Act, Mr. Jaeger noted that this act stems from the events of 9.11 and a concern for national security. This omnibus law modifies many different laws, including the Family Educational Rights and Privacy Act (FERPA). The act essentially provides that the Attorney General of the United States or federal officer designated by the Attorney General may submit a written application to a court to permit the Attorney General to collect educational records that are relevant to a terrorist activity investigation. An ex parte order would be received from the court to disclose the information. This creates an exception to the privacy act. Under this, the family would not know this is happening, nor would they be told that the school district had been served with this order, nor would the school district keep any records or disclose to the family that this disclosure had been made. Maintaining a record of such a disclosure would be prohibited.
Discussion of this act followed. Board members were asked to forward their concerns to the Superintendent, these concerns to be incorporated into the draft prepared for the Board’s consideration at the May 14, 2002, Board meeting.
In discussion of the No Child Left Behind Act (NCLB), Mr. Jaeger reported that this omnibus act modifies other individual acts and creates new acts, including adding a new provision for access to student information by Armed Forces recruitment personnel. It basically says that each school district that receives any kind of federal assistance under the Elementary and Secondary Act must provide, upon request by a recruiter, access to student names, addresses and telephone listings, notwithstanding the fact that a district might have a directory information policy that indicates that such information is not directory information.
Mr. Jaeger provided further details of this act. Concerns regarding this act were expressed. The item will be brought back to the next Board meeting. Board members were asked to contact Dr. Balentine in advance with concerns about the way the policy is written.
BOARD MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
Mrs. Schuh: Review accumulation of information regarding time-on-task in Amphitheater District as it applies to how we are utilizing classroom hours.
Mr. Prout: Review of District dress code.
Ms. Young Wright: Curriculum overview.
Dr. Smith: (1) Include Legislative Updates on all agendas until the legislature completes its work;
(2) Resolution of the Governing Board regarding the USA PATRIOT Act and the No Child Left Behind Act, indicating our attitude about both laws, to be delivered to all Senators and Congressmen from the State of Arizona.
There were no public comments.
A motion was made by Mr. Prout, seconded by Mrs. Schuh and
passed unanimously, that the meeting be adjourned. The time was 9:21 p.m.