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, February 26, 2002,
6:02 p.m.
Board Members Present
Dr. Kenneth Smith,
President
Mary Schuh, Vice President/Clerk
Dr. Kent Barrabee, Member
Mike Prout, Member (entered at 6:15 p.m.)
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
OPENING OF MEETING
Call to Order
and Signing of Visitors Register
Dr. Kenneth Smith called the meeting to order and asked
members of the audience to sign the visitors register.
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 Decision Upon
Expulsion Hearing Officer’s Recommendation, Pursuant to A.R.S. §15-843(F)(2);
B.
Consideration and Decision Upon
Expulsion Hearing Officer’s Recommendation, Pursuant to A.R.S. §15-843(F)(2);
C.
Determination of Whether to Hold an
Expulsion Hearing and Designate a Hearing Officer to Hear Evidence, Prepare a
Record and Bring a Recommendation to the Board, Pursuant to A.R.S.
§15-843(F)(2).
A motion was made by Mrs. Schuh, seconded by Dr. Barrabee and passed unanimously, 4-0, that the Board recess into executive session. The time was 6:03 p.m.
OPEN SESSION
Reconvening of Open Session
Following the executive session, Dr. Smith reconvened the
meeting at 7:08 p.m.
Reception for Newly Appointed Administrator
Dr. Balentine welcomed Peter Burgard, Purchasing Manager. Amphitheater High School students from the Advanced Culinary Arts class were recognized for their contributions to the reception and presented with certificates. Dr. Smith invited those present to join in a reception for Mr. Burgard.
2. Recognition of
Canyon del Oro High School Academic Decathlon Team
The Board recognized Canyon del Oro Academic Decathlon Team members Meghan DeWitt, Kevin Chandler, Kelly Gillan, Alayna Sands, Evan Webster, Taylor Hendel, Aaron Wallach, Rachel Farnsworth, and Derrick Graffam; and Coach Chris Yetman. The Canyon del Oro team won first place in the Southern Arizona Regional Academic Decathlon.
Dr. Smith thanked Mrs. Schuh for presiding at the last two Board meetings in his absence.
Dr. Smith and Ms. Young Wright spoke regarding pending
legislation related to Career Ladder and 301 funds, urging people to make their
voice heard (toll-free phone number:
1-800-352-0484).
PUBLIC COMMENT
There were no public comments.
3. Announcement of Date and Place of Next
Regular Governing Board Meeting
Dr. Smith announced the next regular meeting of the
Governing Board: March 12, 2002, 7:00
p.m., at Wetmore Center, 701 West Wetmore.
4. Review of
2002-2003 Budget Development and Monthly Budget Status Report
Dr. Balentine reported that during the months of October through January, meetings were scheduled where she and Ms. Cigliana met with administrators, site Amphi EA representatives, the Teacher Advisory Council, Classified Advisory Council, Community Council, and Site Council representatives to review site staffing, non-staffing, and capital allocations of individual schools and departments. Each group of attendees, totaling approximately 150 people, was provided District budget information. Those people were asked to discuss the overview provided with their group and collect feedback. Approximately 76 responses had been received. The feedback sheets requested recommendations in the event expenditures were increased, and if expenditures were decreased. Dr. Balentine presented the compilation of responses received, noting that items were listed in descending order of frequency mentioned by respondents. Also presented key considerations the Board was being asked to consider.
Dr. Balentine presented formula staffing allocations for the 2002-2003 school year, which principals are using in planning for the coming year. Total new costs are $878,103.74: high schools, $401,839.71; middle schools, $310,944.83; elementary schools, $165,319.20.
Ms. Cigliana presented the monthly budget status report, through January 31, 2002. Dr. Balentine noted that the purpose of presenting the monthly status report is to create for everyone an understanding of the cycle of spending throughout the year. In discussion of receipt of 301 moneys, Dr. Balentine noted that the figure of $70.9 million in the regular M&O budget includes the 2% inflation increase as provided through Proposition 301. We are continuing to watch 301 funds carefully, watching to see whether the revenue being generated matches the planned numbers that the Joint Legislative Budget Committee provided and recommended that we base our budget upon. Discussion of performance pay will be agendized, and new validated figures presented to the Board when they are received.
In discussion of excess utilities, Mr. Prout requested that discussion of water/wells be placed on a future agenda.
Ms. Cigliana presented a percentage breakdown of M&O costs.
A motion was made by Ms. Young Wright to approve consent
agenda items A -H. Mrs. Schuh asked
that item G be considered separately.
Dr. Barrabee seconded the motion.
In voting on the consent agenda items with the exception of item G, the
motion passed unanimously. Appointment
of personnel is effective, provided all district, state and federal
requirements are met.
Item G: In response
to an inquiry from Mrs. Schuh regarding donations made to replace softball team
equipment stolen from Amphitheater High School, Dr. Balentine stated that this
information would be compiled and included in Acceptance of Gifts at a future
Board meeting.
Mrs. Schuh moved approval of item G. The motion was seconded by Dr. Barrabee and
passed unanimously.
A. Approval of
Minutes
Minutes of the
February 12, 2002, Governing Board meeting were approved.
B. Appointment of
Personnel
Certified and
classified personnel were appointed, as listed in Exhibit 1.
C. Personnel
Changes
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)
Classified personnel
separations were approved, as listed in Exhibit 4.
F. Approval of
Out-of-State Travel
Out-of-state travel
was approved for District staff (source of funding indicated): John Herrold, Canyon del Oro High School, to
attend the National Science Teachers Association Conference in California in
March (registration, CDO; substitute costs, District; additional expenses, Mr.
Herrold); Lorie Gerkey, Special Education Department, to attend the LRP and
Special Education Connection 23rd Annual Institute in Florida in May
(Special Education funds).
Out-of-state travel
was approved for students and staff (source of funding indicated): Darrell Prochaska, Canyon del Oro High
School, to take Winterguard (eight students) to California in April for
competition (expenses covered by students); David Rogers, Amphitheater High
School, to take the band, orchestra and jazz band (approximately 40 students)
to Illinois in April (cost of travel covered by students; teacher and chaperone
expenses, the Heritage Festival; substitute costs, District).
G. Acceptance of
Gifts
Donations were
accepted by the Governing Board, as listed in Exhibit 5. (See discussion above.)
H. Approval of
Vouchers
The following vouchers were approved as presented and payment authorized:
Vo.
197 $ 70,404.44
Vo.
198 101,751.13
Vo.
199 183,116.48
Vo.
200 5,616.45
Vo.
201 57,834.06
Vo.
202 278,890.52
5. Study and Approval of Draft
Revision to District Policy JJH and Draft Regulation JJH-R Regarding Student
Travel
Board book information: Current
District policy reflects the value that travel events, including those of an
extracurricular nature, can have in the educational setting. As recent events have taught us, however,
current policy provides insufficient direction to staff regarding the
significant issues that may affect the determination of whether travel events
will be sponsored by the District. In
addition, student travel events involve issues that impact legal and business
functions of the District.
At the last Governing Board meeting, Board members reviewed draft revisions to Policy JJH and a new regulation, JJH-R. While a travel policy cannot and should not include a complete recitation of every law or other policy applicable to travel, the travel policy should, at a minimum, provide sufficient information to staff involved in travel preparations so they will understand the types of issues presented and know how to proceed further. The draft revisions incorporated suggestions made by Board members during the February 12 study. At a future Board meeting, the related policy concerning tax credits requested by the Board will be addressed.
Mr. Jaeger noted that to address scholastic concerns, the policy states that “The School district will sponsor only such student travel which is of value in meeting educational objectives which correspond to the District’s curriculum and academic standards, or which is necessary to fulfill obligations to interscholastic programs, competitions or exhibits. Such travel shall not seriously interfere with the educational routine of students who must remain in the school and who are unable to participate in the travel for whatever reason. All District-sponsored travel activities shall, to every extent possible, be available to all students within the group of students eligible for participation.”
Mr. Jaeger noted a provision for out-of-state travel: “While the Governing Board recognizes the value of interscholastic activities, it also believes that the objectives for those programs can be realized within state boundaries in most cases. As a result, the District restricts approval and financial support for out-of-state travel of extracurricular programs. Travel to out-of-state activities may be considered if the following occur:” (stipulations follow). Mr. Jaeger noted that a more comprehensive list of cross-referenced policies were included.
Mr. Jaeger pointed out provisions of the regulation: For travel to be approved, participation must be greater than the majority of a group. Even though a trip has been approved, they are not required to go on the trip. The Governing Board reserves its right to withdraw approval after the fact because of changed circumstances. The regulation states that District-approved travel must be arranged and carried out in full compliance with District policies and state law, and provide a list of sources. The regulation also includes information related to fundraising, and cross-references related District policies.
Dr. Barrabee requested that the budget codes provided on the travel request form be identified as to the source of funds. In discussion, Mr. Jaeger stated that there is no way to have a hard and fast rule for refunds. They intended to make sure that people understand their risk, that changing circumstances could lead the District not to follow through with the trip; or students/parents might change their own plans in terms of traveling and lose their investment in the travel. The District could pursue a travel insurance arrangement that people could take advantage of, at some cost, that would help defray any losses occurred with a cancellation. In further discussion, the following changes were suggested:
Policy JJH, Out-of-State Travel: Provide parallel construction for last two bulleted items.
Regulation JJH-R:
Fundraising, last sentence bolded: “District staff involved in fundraising efforts shall not make any representations or warranties as to eligibility of contributions for tax deductions or credits.”
Submission of Travel Request, last paragraph: “The Governing Board reserves the right to withdraw approval of travel based upon changes in circumstances which arise after its approval. In that case, the District shall not be responsible for any refund amount.”
Fundraising: “an” inability.
Mr. Prout moved to accept Policy JJH and Regulation JJH-R as presented and discussed, with the changes that counsel had annotated. The motion was seconded by Ms. Young Wright and passed unanimously, 5-0.
6. Review of District Policies
BCB, DDA, DJ, EF, GBEA, GBEAA, KCD, Regulations and Exhibits Pertaining to
Gifts to the Governing Board, District, and Staff
Board book information: Several
District policies and regulations address in some manner issues relating to the
acceptance of gifts by the district, its employees or the Board. Policy BCB sets forth the policy regarding
Governing Board member conflicts of interest and provides, generally, that
Board members refrain from voting upon any contract, sale, purchase, or service
to the District that is to be obtained from the Board member’s relative who has
a substantial interest in the transaction.
The Board member must also make this known in the records of the
District by filing a disclosure statement.
For purposes of this requirement, “relative having a substantial
interest in the transaction” has a very specific legal definition. Beyond this provision, there is no current
policy addressing the issue of gifts to Board members.
Policy DDA addresses funding sources outside the school system. It mandates that all grant proposals are to
be approved by the Board before submission to a funding agency; and that gifts,
grants or requests shall become District property.
Policy DJ, the District’s purchasing ethics policy, prohibits Board
members and District employees from accepting any valuable thing or benefit
that could substantially and improperly influence their decision-making in the
course of their District duties. Policy
Exhibit EF-E is the Food Services Department’s Code of Standards. Similar in nature to Policy DJ, this exhibit
sets forth specific prohibitions on those who handle school food or moneys and
the potential punishment for violation of the prohibitions.
Policy GBEA sets forth the ethics expected of all employees, including
an expectation that actions taken by the employee not be for personal gain but
for the benefit of the District.
Policy GBEAA more specifically addresses gifts from vendors by stating,
“No employee of the District will accept gifts from any person, group or entity
doing, or desiring to do, business with the District. The acceptance of any business-related gratuity is specifically
prohibited, except for widely distributed, advertising items of nominal value.
This policy should not be construed to deem unacceptable inexpensive
novelty advertising items of general distribution. Acceptance of business lunches and holiday gifts for general
consumption are acceptable under this policy.
Policy KCD details the terms and conditions applicable to the acceptance of gifts to the District from the public. The policy recognizes that the Governing Board has the discretion to choose whether or not to accept an offer of a gift from the public. Once accepted, a gift becomes the property of the District, must be maintained, and cannot be disposed of without Board approval. Gifts received from vendors or businesses, while appreciated and valued, do not constitute an endorsement by the Board of the District of the vendor’s business or product. Gifts offered to the District are to be reported to the Board for its review and action.
This item was presented for the Board’s consideration and
discussion.
John Lewandowski, President of Amphi E.A., stated he had notified Dr. Balentine and Mr. Jaeger that traditionally the Policy G Series goes through negotiations, and noted that there was time for him and Dr. Balentine or Mr. Jaeger to review language for any proposed changes to GBEA and GBEAA (personnel matters). Dr. Balentine responded that these policies were included because over the past several weeks, in discussion focusing on travel policy, more than one Board member had requested that each of these policies be publicly reviewed to again accentuate them. There were no recommendations for change, and therefore nothing to negotiate.
In discussion of Board Member Conflict of Interest, Mr. Jaeger stated that Policy BDB is completely compatible with and mirrors state statute. District policy may be made stronger. Board members offered various suggestions for making the language stronger. It was suggested that the policy indicate that a gift with a value of more than $20 not be acceptable. In discussion of administrative support of the Governing Board, Dr. Balentine stated that this is a philosophical approach; administrators are agents of the district, and it is healthier for an organization in general to be supportive of its leadership. That is the intent.
Dr. Smith stated that since there were items of interest and concern, the matter would come before the Board again as an action item.
7. Review of Governing Board
Policies BEDB and BEDH Regarding Call to the Audience
Board book information: Policies BEDB and BEDH were presented to the Board for review of provisions made for “Call to the Audience.” Policy BEDB was previously revised at the June 13, 2000 Board meeting. It permits a public call to the audience during regular and special meetings of the Board. Policy BEDH was previously revised at the April 13, 1999, Board meeting. This policy provides specific guidelines for public participation at Board meetings.
Dr. Balentine stated that this item was presented in response to a request at a past Board meeting to review the Call to the Audience Policy. It was presented for review; no changes were being recommended.
Ms. Young Wright requested that Policy BEDH be changed to reflect that during the open call to the audience, people may speak on any agenda item; this would allow someone who could not stay until later to address an agenda item to speak at the beginning of the meeting. In discussion, it was noted that to ensure consistency of the policy, adjustments would need to be made to various sections of the policy. It was noted that each Public Comment is limited to thirty minutes, and that at the discretion of the President of the Board, it can be limited to ten people if necessary.
The item will be brought back to the Board.
8. Review of Governing Board
Policies JICE, KHA, KHB, KHC and Accompanying Regulations and Exhibits
Regarding Advertising in the District
Board book information:
Policies JICE, KHA, KHB, KHC and their accompanying regulations and
exhibits regarding advertising in the schools were presented for the Board’s
review.
Policy JICE (Student Publications) and its accompanying regulations set
forth specific guidelines for advertising copy solicited by or submitted to
school organizations for student publications.
Policy KHA and its regulation set forth the District policy regarding
public solicitations within the district.
Policy KHB and its regulations regarding advertising within the District were reviewed and revised by the Board on December 12, 2000. Policy KHB sets forth District policy. Policy KHC and its regulation exhibits set forth District policy regarding the distribution/posting of promotion materials in the District.
Dr. Balentine stated that this group of policies became of interest during Board discussion of travel. The policies were being included this evening only for the purpose of review. The administration would take direction from the Board.
In discussion of these advertising policies, Mr. Jaeger stated that District policies as a whole indicate that PTO’s are “school-related groups,” as are student clubs, band/football booster clubs, and faculty groups. The Charitable Drives Policy contains specific authorization for certain charities that have been approved by either the Governing Board or the Superintendent. Outside organizations would be something other than a “school-related group.”
9. Study of Asthma Issues
Related to Rugs/Vents/Blowers/Custodial Care Vs. Costs/NIH Research on Causes
Of Asthma Epidemic
Doug Aho, Executive Manager, Operational Support, and Dr. Gail Bornfield, Student Services Executive Director, provided information on issues incentives related to asthma. Dr. Bornfield reported on asthma’s precipitating and aggravating factors, and impacts on health, and spoke of treatment related to medication, education and cleanliness. Recommendations include developing standards for classroom cleanliness, educating students with asthma and their families, and administering medications as indicated by physicians. Mr. Aho spoke to related issues: maintenance of air quality inside classrooms and facilities, cooling and heating, condition of and use of portables, maintenance and cleaning processes for carpets, proper use/maintenance of filters. Discussion included the correlation between asthma and number of absences; use of vacuum cleaners that do not allow air to come back out; reduction of dirt brought into school classrooms; and substitutes for chalk.
10. Study of Student Absences
and Excuses
Board book information: Two
factors guide a school district’s concern about student attendance. The first
is academic achievement, and the second is state funding. As a result, both the state and the sites
have an interest in attendance.
Consequently, both sites and the state attempt to regulate
attendance. The state uses statutes,
and the schools use student handbooks and correspondence to parents.
The District’s policies and regulations on attendance reflect statutes
and provide definitions of absence and excused absence for the various grade
levels. In order to support sites in
improving attendance rates, School Operations provides data collected for the
Stanford 9 test, which shows how students did on the test relative to the
number of days they were absent from school in the month prior to the
testing. Another support for schools
comes to the District from the Pima County Attorney’s Office.
Dr. Balentine noted that this item was agendized as a result of previous discussion of District travel. She clarified that when a student is on an approved trip, s/he is not absent in the sense of losing ADM from the school.
Dr. Hooley elaborated on the
distinctions between grade school and high school absences/unexcused
absences. Further discussion took place
regarding the partnership with the Pima County Attorney’s Office, which
provides assistance with some of the District’s most difficult truancy
problems. The County Attorney’s school
advisory letter to parents was discussed.
Ms. Young Wright spoke of the success of the Prince Elementary School
attendance incentive program.
11. Discussion and Direction to
Governing Board Delegates to Arizona School Boards Association Legislative
Conference Concerning ASBA Legislative Activity and Positions
Board book information: The President of the Governing Board, as the Board’s delegate, will be attending the ASBA Legislative Conference, to be held February 27-28, 2002. This item allowed for Board member discussion of legislative issues and also allowed an opportunity for the Board to provide direction to the delegate on positions to take.
Mrs. Schuh expressed concern on the State School Superintendent’s mandate to keep children under 18 years of age in school, and pending legislation to allow students who graduate early to use their per capita allocation to attend college.
Mr. Prout: District
water use.
Ms. Young Wright:
Report on Community Education Programs and GearUp Grant.
There were no public comments.
A motion was made by Ms. Young Wright, seconded by Mrs.
Schuh and passed unanimously, that the meeting be adjourned. The time was 10:20 p.m.