AMPHITHEATER PUBLIC SCHOOLS

Tucson, Arizona

 

MINUTES OF REGULAR PUBLIC MEETING OF GOVERNING BOARD

 

Place, Date and Time of Meeting       

Wetmore Center, 701 West Wetmore Road, September 11, 2001, 5:30 p.m.

 

Board Members Present

Dr. Kenneth Smith, President

Nancy Young Wright, Vice President/Clerk

Dr. 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

OPENING OF MEETING

Call to Order and Signing of Visitors Register

Dr. Kenneth Smith called the meeting to order.

 

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:

A.      Discussion and Consultation with Representatives of the Governing Board Regarding Negotiations with Employee Organizations Regarding Salaries, Salary Schedules, or Compensation Paid in the Form of Fringe Benefits of Classified, Certificated and Administrative Employees, Pursuant to A.R.S. § 38-431.03(A)(5);

B.   Discussion and Consultation with Legal Counsel in Order to Consider the District’s Position and Instruct Legal Counsel Regarding the District’s Position Regarding Contract for Improvements to Naranja Road and Discussion or Consultation for Legal Advice Regarding the Same, Pursuant to A.R.S. § 38-431.03(A)(3) and (4).

 

A motion was made by Ms. Young Wright, seconded by Dr. Barrabee and passed unanimously, that the Board recess into executive session.  The time was 5:31 p.m.

 

OPEN SESSION

Reconvening of Meeting and Signing of Visitors Register

Following the executive session, Dr. Smith reconvened the meeting at 7:02 p.m., and asked members of the audience to sign the visitors register.  Procedures for addressing the Board were described.

 

Pledge of Allegiance

Principal Dianna Kuhn introduced Rio Vista Elementary School PeaceBuilders Alex Nasser, eXavier Sabine, Sydney Otto, David Mojadidi, Eunice Sierra and Amanda Lujan.  They led the Pledge of Allegiance to the Flag and were presented with certificates of commendation.  Educational Assistant Claudia Zimmer and families of the students were introduced.  

 

 

2.  Recognition of Adrienne Ledford

The Board recognized Adrienne Ledford, Special Education Teaching Assistant at Amphitheater High School, who had been selected by the Arizona Education Association as Educational Support Professional of the year.  

 

PUBLIC COMMENT

Audience members addressed the Board:  Cheryl Lundgren, regarding cuts in staff/added duties, 301 Plan, value of teaching; Adrienne Ledford, morale and retention of employees, office/custodial staffing by formula.  Ms. Young Wright asked that administration review the national staffing to standards and report back to the Board.  John Lewandowski requested that the Proposition 301 agenda item be changed from the October 9 meeting to a date when schools are in session.  Additional persons addressed the Board:  Dick Bemis, disbursement of 301 money, adoption of a teacher-based performance plan; Joanne Lazarus, better communication with staff on all relevant issues.  Diana Boros indicated support for the  Superintendent and Board, and encouraged communication and working together in planning for 301 money.   

 

INFORMATION

3.  Announcement of Date and Place of Next Meeting           

Dr. Smith announced the next regular meeting of the Governing Board:  Tuesday, September 25, 2001, approximately 7:00 p.m., at Wetmore Center, 701 West Wetmore. 

 

4.  Review of 2002-2003 Budget Development Process

In order to ensure the smooth progression of the development of the 2002-03 budget, a draft of the 2002-03 Budget Development Process had been created and was presented for review and discussion.  Dr. Balentine noted that suggestions from Mr. Lewandowski, Amphi E. A. President, had been included.  In discussion of approving the budget prior to July, it was felt the budget could be presented for approval in the month of June. 

 

5.  Review of Special Education Requirements, 504 Requirements, and District Homebound Program

Dr. Gail Bornfield, Executive Director of Student Services, reported that the Individuals with Disabilities Education Act, enacted in 1975, focuses on provision of services to students with disabilities, with thirteen disabilities identified as eligible.  The primary components of the initial act have remained intact, focusing on how students become eligible and are then served.  She reviewed the components of the act, and elaborated on special education in Amphitheater District. There is a shortage of special education teachers, and some emergency certifications utilized.

 

Dr. Bornfield reported on Section 504 of the Rehabilitation Act of 1973, the purpose of which is to ensure that individuals with disabilities are not discriminated against.  For schools, this is often translated to access issues, in the sense of instruction and physical access.  Within a school structure, Section 504 demands that procedures be developed to ensure the needs of students are met. 

 

Dr. Bornfield reported that homebound services are available to students for reasons related to medical and/or behavioral needs.  The majority of students placed into homebound services are there for medical reasons.  The District was currently serving five students on homebound.

 

There was discussion of special education practices in the District.  Districts are not fully funded for mandatory services; the question was raised of what percentage of the budget this comprises.  More specific information will be gathered and provided by the administration in a Friday report. 

 

CONSENT AGENDA

Ms. Young Wright moved approval of the consent agenda items, with the exception of item A, Approval of Minutes.  The motion was seconded by Mrs. Schuh and passed unanimously.  Appointment of personnel is effective, provided all district, state and federal requirements are met.

Ms. Young Wright, referring to minutes of August 28, 2001, asked that a clarification be added to item 3, Study and Action on 301 Performance Pay Plan:  when she invited the public to contact her about concerns, this was not meant to usurp anyone’s position or go around policy; such information is shared with Dr. Balentine so appropriate responses can be made. 

 

The voting on item A, Approval of Minutes, the motion passed unanimously.

 

A.  Approval of Minutes      

Minutes of the August 30, 2001 and August 28, 2001 Governing Board meetings were approved (see above).

 

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.  Approval of Board-Designated Evaluators

In accordance with A.R.S. 15-537 and District Regulation GCO, the Governing Board authorizes individuals to evaluate certified staff.  Each year the Career Ladder Department trains evaluators in the Amphitheater Teacher Performance Evaluation System.  The Board approved individuals newly trained to evaluate and participate in the evaluation process of certified staff (Attachment A).  Attachment B lists additional currently approved evaluators.

 

G.  Approval of Out-of-State Travel

Out-of-state travel was approved (source of funding indicated):  Catherine Land, Program Coordinator for the 21st Century Grant, to attend the National League of Cities – Your City’s Families Conference in Minnesota in September (no cost to District). 

 

H.  Acceptance of Gifts       

Donations were accepted by the Governing Board, as listed in Exhibit 5.

 

I.  Approval of Vouchers     

The following vouchers were approved as presented and payment authorized:

Vo. 120       $266,376.84

Vo. 121           75,531.48

Vo. 122           76,972.55

Vo. 123         124,779.42

Vo. 124           86,324.29

Vo. 125            7,748.79

Vo. 126         398,935.32

Vo. 127           20,596.01

ACTION

6.       Approval of Architect for Deficiency Corrections Projects

Board book information:  Public notice seeking proposals for professional architectural services for Deficiency Corrections projects was issued by the School Facilities Board and due July 20, 2001.  Ten firms responded to the notice.  The list of projects totals $4,550,282.  Written submissions were screened by a selection committee.  The following criteria were considered in the initial evaluation:

1.       Professional caliber and experience of staff. 

2.       Previous renovation experience. 

3.       Capacity and capability of the firm to perform this work

4.       Past record of performance.

5.       Familiarity with school projects and Amphitheater District.

From this process, four architectural firms were invited to make presentations to the selection committee on August 24, 2001.  Final ranking was based on the proposal deemed to be in the best overall interest of the District.  Primary considerations were:  presented approach, project personnel, specialized experience (K-12), cost and schedule control, and scope of services as specified in the Lump Sum Agreement for Architectural and Engineering Services, as shown in the Request for Proposals. 

 

Upon approval by the Governing Board, the original contract may be renewed annually for a total time of contract not to exceed five fiscal years.  Renewal shall be by mutual agreement between the awarded offeror and the District.  This contract will be initiated by purchase order at the beginning of each fiscal year.

 

It was the recommendation of the selection committee and the administration that The Hanson Group be approved for provision of architectural/engineering services required for various deficiency corrections projects.

 

Doug Aho, Executive Manager, Operational Support, introduced Bill Kopatich, of Heery International, who will serve as the District’s Project Manager (liaison between the State Facility Board and Amphitheater Public Schools).  Mr. Kopatich described the evaluation process followed in the selection of the recom-mended architect for deficiency corrections projects (see above Board book information).  In discussion, Mr. Kopatich described the Lump Sum Agreement, a document developed by the SFB to be used in the award of the contracts, which are between Amphitheater School District and the selected architect.  The Lump Sum Agreement precisely describes how the architect will be compensated for the period of the agreement.  The scope of work is an attachment to the RFP, and describes $4.5 million worth of work that has been identified as deficiency projects for Amphitheater District.  That is the extent of the scope of work that the architect is signing up to provide.  The architect must develop and provide a detailed schedule of how he will approach and execute the work.  This SFB award will expire at the end of June 2003.  The master schedule developed by the architect will become an attachment to the Lump Sum Agreement.  The duration of his support will be defined before the contract is signed by the District.  Mr. Kopatich stated that Heery International’s job, working in conjunction with the District and SFB and the architect, will develop a schedule that is also an attachment to the contract, wherein it is specified at what stage the contract will end; it must show a completion date of prior to June 30 of 2003.  In discussion of oversight, Mr. Kopatich stated that Heery International provides construction management in addition to project management; they will have a construction manager on each site each day. 

 

A motion was made by Dr. Barrabee that The Hanson Group be approved.  The motion was seconded by Ms. Young Wright and passed unanimously.  Members of The Hanson Group were introduced:  Dick Hanson, Jay Hanson, Army Curtis. 

 

7.  Approval of 2001-2002 Revenue Budget

The State of Arizona requires governing boards to formally approve a Revenue Budget for the school year prior to September 15.  Ms. Cigliana reviewed the 2001-02 revenue budget.  It was the recommendation of the administration that the Governing Board approve the 2001-02 Revenue Budget as presented.  A discussion of tax rates and budgeting followed. 

 

A motion was made by Mrs. Schuh to approve the 2001-02 budget as presented.   The motion was seconded by Ms. Young Wright and passed unanimously.

 

8.  Approval of Revisions to Governing Board Policy JICFA Regarding Hazing
Board book information:  The Board reviewed policy JICFA at its August 28, 2001 meeting and discussed recent legislation which dictated a modification of Governing Board Policy JICFA regarding “Hazing.”

The revised policy presented combined current Board Policy JICFA with a new model policy prepared by the Arizona School Boards Association.  The revision reflects the requirements of A.R.S. § 15-2301, as enacted by the First Regular Session of the Forty-fifth Legislature, which defines and prohibits hazing, requires very prescriptive inclusions to the policy, and establishes the definition of “student” for the purpose of enforcement of the policy.  Also presented was a draft regulation regarding complaint-reporting procedures, a Complaint Form Exhibit, and an exhibit that can be used for posting the hazing policy, as required by law.

 

Dr. Balentine noted that this policy is required by statute, and included all required language. The administration recommended approval.

 

Mrs. Schuh moved the adoption of Policy JICFA.  Ms. Young Wright seconded the motion.  It was noted  that to conform with statute, specific language was incorporated which otherwise might not have been used.  The motion passed unanimously. 

 

STUDY

9.  Approval of Revisions to District Policy KHB Regarding Advertising in Schools and Discussion of Facilities Usage
Board book information:  Current District policy sets limits on advertising in schools.  This is based upon a philosophy that schools are places to learn, not to receive solicitations to buy one product or another; it is also clear that, while at school, students are “captive audiences.”  Policy does, however, permit recogni-tion of vendors who contribute to or otherwise support District programs.  The District permits individual  “for-profit” businesses to lease site space for their activities, i.e., Jazzercise, karate classes, which previously had been organized through Community Extension Programs.  In order to motivate these businesses to lease space through the District Facility Usage office, the administration proposed to offer the businesses an opportunity to advertise their class or organization to District staff and students via flyers provided to a site, as they were previously able to do through CEP.

 

The revision would permit advertisements and/or promotional materials to be distributed to staff and/or students on behalf of “for-profit” organizations that have executed an appropriate lease for use of District facilities and that are providing an educational service or product, but only upon approval of the Superintendent or her designee. 

 

Since the Board’s last study, the draft had been revised to restrict permissible advertising flyers to those which advertise functions occurring on District campuses.  This will preclude excessive advertisement of other services or products offered by a vendor.  It will keep the focus on functions affiliated by contract with District facilities. 

 

In discussion of meeting the educational purposes of the District, Mr. Jaeger noted that we approve every flyer that is sent home, distinguishing between non-profit messages that are permissible and those that are impermissible.  Appropriateness/relevancy of flyers was discussed.  Dr. Smith, stating that he realized everything could not be written into the policy, requested that the administration utilize real caution in the implementation of this policy. 

 

Ms. Young Wright suggested that more specificity be incorporated in KHB-R, Exclusion of Salespeople.  She questioned whether persons giving pep talks on selling magazines would be considered salespeople.  Mr. Jaeger spoke regarding the distinction between salespersons soliciting  students/staff for a service or product, and salespeople assisting the school/PTO/student body in fundraising activities.  He noted a separate policy on fundraising that permits the latter type of activity, and stated that Policy KHB would not restrict these activities. 

 

In discussion of KHB-R, Distribution of Political Materials, Mr. Jaeger clarified that this refers to the school’s role in circulating political materials, and is not related to activity at the school site after hours. 

 

Administration confirmed that contracts could require that any vendor seek the District’s permission before utilizing a school name in a commercial.  Also, a clause could be inserted in rental contracts that the rental company will be expected to abide by District policy; thus, parental permission for photographs would be required. 

 

In discussion of sale of such things as class rings, caps and gowns, Mr. Jaeger stated that those functions  are school related and are district-/school-sanctioned.  This policy is designed to prevent a salesperson not authorized by the District from soliciting children or providing demonstrations.  Mr. Prout requested that KHB-R explicitly state, “No unauthorized salesperson or distributor . . .”  In Policy KHB, Advertising in Schools, it was suggested that the verbiage “Exceptions” be replaced with “Permitted Activities; or that “Exceptions” be deleted and the paragraph begin “For the public good . . .”  

 

10.   Discussion of District Policy Relating to Political Activities on District Property

Board book information:  Following discussion of proposed revisions to the District’s advertising and promotion policy (KHB) at its August 28, 2001 meeting, Governing Board members requested review of the District’s policy for political activity on school grounds, particularly as it might relate to the distribution of political materials or advertisements. 

 

Policy KHB would in fact apply to distribution of all advertising material, including that of a political nature. The policy presented for review requires pre-approval of any flyer or circular to be distributed on District grounds.   Approval is obtained through the office of the Associate to the Superintendent.  Campaign materials which promote candidates or ballot measures are not authorized for distribution.  The District does not have a separate policy on political solicitations; however, the following statement had been proposed to be added to KHB-R (agenda item 9):  “Distribution of Political Materials:  Political circulars or petitions may not be posted or distributed in school.”

 

To facilitate discussion, included in the Board packet was a memorandum issued last year by the Associate to the Superintendent to all schools to provide guidance on political activities in several respects.  Mrs. Schuh noted the importance of the communication of this policy to the schools.  Dr. Smith noted that this item and the preceding item would be brought back to the Board for action. 

 

Recess

A recess was taken from 9:55 to 10:05 p.m.

 

11.  Status Report:  Procurement; Supplies; Class Size; Textbooks; Ironwood Ridge High School; Site Support for Goals, 301 and Operations; Curriculum Alignment; New Teacher Orientation; Administrators; Art, Music, and P.E. in Our Elementary Schools; Emergency Procedures; Film/ Video Policy; Volunteers; Human Resources 

Dr. Hooley reviewed procurement procedures which are being put into place.  He additionally gave status reports on the above-listed items.  Further review of emergency procedures will take place and a Friday report made to the Board.  Administration will check to make sure the District’s web site has a number for volunteers to call.  Dr. Hooley announced the ribbon-cutting ceremony at Ironwood Ridge High School would take place October 3, 10:00 a.m. 

 

BOARD MEMBER REQUESTS FOR FUTURE AGENDA ITEMS

There were no requests for future agenda items.

 

PUBLIC COMMENT

Audience member Mike Schuh addressed the Board, advocating use of generic symbols by police and fire departments when at schools, and use of Power Point at Board meetings.  

 

ADJOURNMENT

A motion was made by Dr. Barrabee, seconded by Mr. Prout and passed unanimously, that the meeting be adjourned.  The time was 10:43 p.m.