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 10, 2004, 7:00 p.m.
Board Members Present
Nancy Young Wright,
President
Dr. Kent Barrabee,
Vice President/Clerk
Patty Clymer, Member
Jeff Grant, Member
Mike Prout, Member
Central Administrators Present
Dr.
Vicki McLeod Balentine, Superintendent
Todd
A. Jaeger, J.D., Associate to Superintendent and General Counsel
Patrick
Nelson, Associate Superintendent
Constance
Cigliana, Chief Financial Officer
Ms. Young Wright called the
meeting to order at 6:04 p.m.
1.
Motion
to Recess Open Meeting and Hold an Executive Session for:
A.
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);
B.
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);
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);
D.
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);
E.
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) and
F. Discussion and Consultation with
Representatives of the Governing Board Regarding Negotiations with Employee
Organizations Regarding Policies, Salaries, Salary Schedules, or Compensation,
Pursuant to A.R.S. §38-431.03(A)(5), Regarding Certificated, Professional
Non-Teaching, Classified and Administrative Employee Negotiations for 2004-2005
Contract Year
A motion was made by Mr.
Prout, seconded by Mr. Grant that the Board recess into executive session. The
motion passed 5-0. The time was 6:05
p.m.
Reconvening of Open Session and Signing of Visitors’
Register
Following executive
session, Ms. Young Wright reconvened the meeting at 7:20 p.m. She invited members of the audience to sign
the visitors’ register. Procedures for
addressing the Board were described.
Pledge of Allegiance
PUBLIC COMMENT
There were no public
comments.
2.
Announcement
of Date and Place of Next Regular Governing Board Meeting:
Tuesday, February 24, 2004, 7:00
p.m., Wetmore Center, 701 W. Wetmore Road
3.
Presentation
of Tucson Cactus & Succulent Society Cactus Rescue Partner Award
Board Book
Information: The Tucson Cactus & Succulent Society will present its Cactus
Rescue Partner Award to the District in recognition of its efforts in salvaging
desert plants on District property. To
date, nearly 13,000 plants (from
30 sites) have been saved and
relocated, including those obtained from Ironwood Ridge High School and Painted
Sky Elementary School.
Dr. Balentine invited Mr. Aho to introduce Mr. Chris Monrad, Cactus
Rescue Chairman, and Mr. Joe Frannea, Cactus Rescue Coordinator.
Mr. Monrad stated that he became involved in this project during the
design-plan/construction stage of Painted Sky.
As a member of the Tucson Cactus & Succulent Society, he invited the
District to join the Society in “rescuing” cacti during the early phase of
construction. The District agreed, and
this was the inception of the Cactus Rescue Program.
Additionally, the society does sell the rescued plants and has
dedicated proceeds from these sales to a K-12 school grant program for the
study of cactus and succulent plants.
Amphi has already received two grants, one each to Ironwood Ridge High
and Nash Elementary schools. Mr.
Frannea explained that the grant is available to any southern Arizona
school/teacher. A one-page application
needs to be submitted; the maximum grant award is $400. The Society is most anxious to receive and
grant these awards. (locate more information
on Tucson Cactus & Succulent Society home page at: www.Tucsoncactus.org)
Mr. Monrad, on behalf of the Society, expressed appreciation to the District for the success of the Rescue Program and for being its charter member in this endeavor and presented the first “Cactus Rescue Partner” award to Ms. Young Wright on behalf of the District. Ms. Young Wright accepted, and thanked, Mr. Monrad for the award and expressed appreciation to the Society for its commitment to this project.
4.
Recognition
of Circle K Finalists for Teacher of the Year – Dee Dinota, Jim Truitt
Board Book
Information: Dee Dinota, a physical education teacher and Department Chair at
Ironwood Ridge High School, and Jim Truitt, a physical education teacher and
Department Chair at Canyon del Oro High School, are two of nine nominees for
the 76/Circle K Outstanding High School Faculty Awards. Both teachers will be honored at University
of Arizona basketball games. The
winner of the Teacher of the Year Award will be announced at a basketball game
in March.
Dr. Balentine invited principals Mr. Sam
McClung, Ironwood Ridge High School and Mr. Mike Gemma, Canyon del Oro to
introduce Ms. Dee Dinota and Mr. Jim Truitt, respectively, for their
achievement and recognition.
Mr. Nelson participated as a
member of the selection committee and stated that this is a rigorous and
competitive program and he considered it an honor that two nominees had been
selected from Amphi. The awards banquet
is scheduled for March 5, 2004 and both Ms. Dinota and Mr. Truitt will be
recognized at a future U of A basketball game.
Other comments
Ms. Young Wright, on behalf of the
Governing Board, expressed appreciation to Ms. Pamela Roberts, Executive
Director, Human Relations for her years of service to the District and extended
congratulations to her for her new employment venture in New York State.
CONSENT AGENDA3
A motion was made by Mrs. Clymer
to approve consent agenda items A – L.
The motion was seconded by Mr. Grant and passed unanimously, 5-0.
Appointment of personnel is effective, provided all district, state and
federal requirements are met.
A. Approval of
Minutes of Previous Meeting
Minutes of the
January 27, 2004 regular 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
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
Vouchers Totaling and Not Exceeding Approximately $1,175,000.00
The following vouchers were approved as presented and payment authorized:
Vo. 570 $
331,308.20
Vo. 571 89,468.73
Vo. 572 12,465.52
Vo. 573 81,260.75
Vo. 577 264,456.30
Vo. 578 392,278.58
G. Acceptance of Gifts
Donations were
accepted by the Governing Board, as listed in Exhibit 5.
H.
Approval of Out of
State Travel
Board Book Information: Out-of-state travel was approved for staff (source of funding indicated): Scott Linaker from Canyon del Oro High School to attend the NATA Secondary School Athletic Trainers’ Committee Meeting in Denver, Colorado, February 15-16, 2004; Thomas Holaday and Kathleen Koopman from La Cima Middle School to attend the National Art Education Association Conference in Denver, Colorado, April 16-19, 2004 (school funds); Peggy Steffens and Patti Greenleaf from Technology to attend the National Computing Conference in New Orleans, Louisiana, June 19-24, 2004 (grant funds); Chris Potter from Mesa Verde and Cathy Crockett from Coronado to attend the Write Traits Conference in Anaheim, California, February 22-25, 2004 (grant funds).
Out-of-state travel was approved for students (source of
funding indicated): Patty Grube, Sharon Silvas, Leigh Creighton, and
Jim Reed from Wilson K-8 School to take approximately 100 seventh grade Wilson
students to San Diego/Sea World for the Project Exploration Field Trip, March
29-31, 2004 (tax credit donations and fundraising); Diana Barnes, Judy Shambo,
Linda Edoff, and Sara DeLeon from Wilson K-8 School to take approximately 100
seventh grade Wilson students to San Diego/Sea World for the Project
Exploration Field Trip, May 9-11, 2004 (tax credit donations and
fundraising); Copper Creek Elementary
School requests permission to take fourth grade students to San Diego for Project
Exploration – Sea Quest as listed: 1)
Chaperones – Kimberly Robinson, Dale Flannery, and parents, to take
approximately 54 students, April 28-29, 2004; 2) Chaperones – Susan Screven, Jo
Young, and parents to take approximately 54 students, May 5-6, 2004; 3) Chaperone – Judy Shorrock and parents to
take approximately 27 students, May 12-13, 2004 (credit donations and fundraising); Teresa McCrory, Peggy Woods,
Kim Brown, David Rogers, and parent chaperones to take approximately 36 AHS
students to the AP Art History Museum Trip in San Diego/Los Angeles,
California, March 11-15, 2004 (tax credit donations and fundraising).
I.
Approval of Request
for Waivers of Graduation Requirements
Board Book
Information: Periodically students in our high schools request waivers from the
District Physical Education requirement based on medical documentation. In such cases, students are required to
replace the credits with other course work.
Student #28108711 from Amphitheater High School and student
#28203093 from Canyon del Oro High School are requesting such a waiver. The medical documentation is attached.
J.
Approval of
Participation of Eligible Employee in Early Retirement Phase-Out Program
Board Book
Information: On May 13, 2003, the Governing Board approved 21 employees for
participation in the Early Retirement Phase-Out Program beginning in the
2003-2004 fiscal year. Priority rules,
specified under the negotiated plan and based on the employee’s age and years
of service in the District, were utilized in selecting the 21 individuals. The individuals ranged from 89.9 “points”
(age and years of service in the District) to 79.34 points.
Due to a clerical error, another individual, Gail Lonergan,
did not receive the full points for inclusion.
However, she did qualify for retirement with the other employees
approved for Option A.
The Governing Board approved the retroactive participation of Gail
Lonergan in the Early Retirement Phase-Out Program for 2003-2004, as presented.
K.
Request to
Terminate Early Retiree Contracts with Special Benefits
Board Book
Information: Glenda McFarland is being recommended for the termination of her early
retirement contract due to non-performance of her service requirement. Ms. McFarland, a former Food Service
Supervisor at Canyon del Oro High School, was approved for early retirement
effective May 20, 1995.
Virgil Swoyer is being recommended for the termination of
his early retirement contract due to non-performance of his service
requirement. Mr. Swoyer, a former
Teacher at Amphitheater Middle School, was approved for early retirement
effective May 21, 1994.
The Governing Board approved the termination of early retirement
contracts for Glenda McFarland and Virgil Swoyer, effective February 11,
2004. All early retirement compensation
will end on that date, whereas insurance benefits will end on February 29,
2004, as presented.
L. Review and Approval of Grants
Board
Book Information:
1.
Wells Fargo Foundation - Teacher Partner Program
(Wilson, La
Cima, Walker)
2.
2004 Community Service Grant
3.
Title I-A
4.
Title 1-D Neglected and Delinquent
5.
Title II-A
6.
Title II-D Technology
7.
Title III
8.
Title IV-A Safe & Drug Free/State Chemical
9.
Title V
10. Title VII –
Indian Education
11. Early
Childhood Block Grant
12. Carl Perkins
13. School Safety
Grant
14. Gifted
Education
15. Priority
Programs (State Vocational Block Grant)
16. Johnson
O’Malley/Indian Education
17. Project
ACHIEVE 21st Century Learning Center Grant
Wells Fargo Foundation – Teacher Partner Program
Wilson K-8
School received a $500 grant from Wells Fargo Foundation for the 2003-04 school
year. This grant will be used to
support the Power Point Portfolio project.
La Cima Middle
School received a $500 grant from Wells Fargo Foundation for the 2003-04 school
year. This grant will be used to
purchase history textbooks for seventh graders.
Walker
Elementary School received a $250 grant from Well Fargo Foundation for the
2003-04 school year. This grant will be
used to purchase Phonics Phones for first graders.
2004 – Community Service Grant $ 91,501.40
This grant will provide suspended students attending El
Hogar an opportunity to both increase their skills involving media production
(research, editing, production, and filming) and work with community service
agencies throughout the Tucson area.
Students will work with Emmy-nominated videographers Nancy Montoya and
Kurt Ijams of International Media and seven community agencies coordinated by
The League of United Latin American Citizens who will also provide
mentors. The grant is designed to
increase student self-esteem and give them skills to transition successfully
back into the regular high school setting.
Group homes, shelters, and residential treatment centers within our
District boundaries receive this funding to provide services for our students
who reside in these facilities.
D’Amore, La Paloma, and The Teen Challenge Center use the funding
primarily for individual tutoring.
Stipends will be given to teachers for alternative programs to provide
better coordination with the regular programs.
Title II-D Technology
(Enhancing
Education Through Technology)
$ 55,389.00
The purpose of the technology grant is to assist students in the
achievement of the No Child Left Behind goals in reading and math through the
use of technology. The grant has two
components: the Global Classroom Collaborative and the Integrated Curriculum
Collaborative. Teachers must participate in 45 hours of professional
development and lesson-planning in either component. Teachers participating in the Global component will receive a
digital camera and scanner for their classroom. Teachers participating in the Integrated component will receive a
CD-ROM writable computer for their classroom.
The purpose of Title III is to assist local education agencies in
developing programs to improve the education of ELL’s by attaining proficiency
in English and meeting the Arizona State Standards.
Title IV Safe and Drug Free $ 92,245.00
State Chemical Abuse $ 3,265.00
Schools are allocated funds from these two sources based on student
population to teach all students a researched-based curriculum, which includes
information about the harmful effects of drugs, alcohol, and violence. The curriculum teaches students strategies
to resist drugs, alcohol, and violence in their lives. In addition, schools may use these funds to
promote a drug free, disciplined school environment conducive to learning and
to provide intervention programs for students in need.
The focus of this grant is Innovative Program Strategies though some
funding is available for professional development. It is used for curriculum development and alignment, school based
programs, and implementation of professional development training for staff.
Title VII – Indian Education $ 73,433.00
This is a federal grant, which
provides supplemental academic support to Native American students in
Amphitheater Schools. A critical component of this grant is also the parent component.
Title I elementary schools receive these funds to offer full-day
kindergarten programs at Rio Vista, Holaway, Coronado, Prince, Keeling and
Nash.
Each year the Amphitheater School
District applies for Carl Perkins federal grant funds. Allocations to school districts are based on
the application and the numerous reports that are filed with the federal
government to monitor vocational education.
The money is used for specific programs to purchase capital items and to
update technology. This year, Carl
Perkins funds will target all of the vocational programs.
This grant is renewed annually through
the Arizona Department of Education School Safety Program. The funds extend the work of the School
Resource Officers at Canyon del Oro High School from the Oro Valley Police
Department. The grant also covers
salaries for probation officers at Coronado K-8, La Cima Middle School,
Amphitheater Middle School, and Amphitheater High School.
Gifted Education $ 21,598.84
Each year the State of Arizona provides funding to assist school
districts with the delivery of services to gifted students. These monies pay for supplies and materials,
equipment, conferences, and stipends for teachers for summer work.
Priority Programs (State Vocational Block Grant) $ 94,019.42
Each year the State of Arizona allocates federal funds to school
districts to support Vocational Education programs in our schools. Funding for this grant is based on the
careful reporting of vocational data to the state. The Priority grant bases its funding on both the numbers of
students and the types of programs the District offers. Money from this grant is used to support all
vocational programs. The funding is
used for supplies and materials, capital purchases, conferences, and equipment
upgrades.
Johnson O’Malley/Indian Education $ 16,272.00
Funds are provided to accelerate the learning of Native American
students. One District position helps
coordinate the program. A parent
committee makes decisions on how the money is spent.
Project ACHIEVE 21st
Century Learning Center Grant $ 850,104.00
This grant supports increased student academic achievement
at all ten Title I schools through face-to-face contact with certified
teachers, instructional aides, and volunteers outside of the normal school day,
i.e., before or after school hours, during intersession and summer break. Students receive computer- based support for
math and reading. English language
acquisition has been incorporated into the current programs.
The Governing Board approved the grants as listed and presented.
STUDY/ACTION
5. Post-Retirement Employment
Opportunities through Educational Services, Inc. (ESI), as Service Provider
Board
Book Information: This matter was previously discussed by the Board on January 27, 2004
and is presented this evening for action.
As the Board last discussed,
there are increasing pressures on Arizona school districts to retain highly
qualified personnel:
§
The
federal NCLB Act demands that instruction be provided by teachers and
paraprofessionals meeting rigorous qualifications.
§
Student
achievement goals under state and federal law depend upon placement and
retention of skilled staff.
§
Fifty
percent of all teachers in the profession today are expected to retire in the
next ten years
§
Arizona
state retirement contribution rates for employees have increased and will
continue to do so, unfortunately pressuring some people to consider retiring
sooner due to financial considerations.
§
The
private sector continues to attract personnel from hard to fill classified,
certificated and administrative positions.
The loss of staff to retirement
is therefore counterproductive to the efforts of school districts to overcome
these pressures. School districts are
consequently searching for new ways to attract and retain personnel.
Many personnel who retire from
school districts do pursue “second careers” in another field. Often, they would prefer to remain in the
field of education or other public service, but state retirement rules preclude
them from doing so.
ESI is a professional employment
organization, established in March of 1999, which
provides schools throughout Arizona with temporary
and long-term staffing. ESI assists
school districts by hiring teachers, administrators and classified employees,
and then placing those employees with districts – even those districts from which
the employee may have just retired. In
this way, those employees whose valued skills might have otherwise been lost
can continue their contributions.
Additionally, these personnel may be earn substantial post-retirement
incomes without violating state retirement rules.
At present,
approximately fifty-three Arizona school districts take advantage of the ESI
services. ESI is a service provider
under the Mohave Educational Services contract, under an Amphitheater District
bid, and is an active member of the Arizona Association of School Business
Officials.
The legality of retaining retired teachers and other employees through
third party organizations such as ESI is addressed in A.R.S. § 15-502. It reads in relevant part:
The governing board may obtain the
services of any employee, including teachers, substitute teachers and
administrators, by contracting with a private entity that employs personnel
required by the school district.
Districts that use ESI in this
manner typically negotiate a standard contract with ESI. The contract sets a fee for the service to
be provided by the retiree based on a percentage of the retiree’s former salary
as a district employee. ESI assumes all responsibilities for billing the district
and paying the retiree, who is then an employee of ESI. Like any employer is required, ESI makes
appropriate withholdings and payments of all applicable taxes and the issues
W-2 forms. ESI also offers a benefit
plan that its employees may purchase.
The district saves
the difference between the cost of the employee’s pre-retirement salary (and
employee related costs) and the fee paid to ESI. The employee earns income both
as a state retiree and as an employee ESI placed with the district.
The Administration recommends
offering employees the opportunity to continue their public service even after
retirement through the ESI option.
Specifically, the recommendation is that retiring employees be retained
through ESI to fill their pre-retirement positions following their retirement,
on the following terms and conditions:
1.
The
ESI option will be offered for the remainder of the 2003-2004 (current) fiscal
year, allowing the retiree’s retention through ESI beginning in either the
2003-2004 (current) or the 2004-2005 fiscal year.
2.
The
position from which the retiree takes retirement cannot be one that is being
reduced or eliminated by a reduction in force or similar budget actions
following the retirement. This does
not preclude the District from identifying other positions within the District
for which the retiring employee is qualified and may be retained through ESI to
fill.
3.
The
terms of the retiree’s employment with ESI are determined by ESI, and the
retiree must acknowledge their agreement to ESI’s terms prior to placement with
the District.
4.
ESI
will compensate former employees of the District at the rate of 80% of the
salary paid to the employee by the District prior to retirement. Career Ladder compensation and other addenda
or stipends paid prior to retirement are not included in this salary
calculation. This shall not preclude,
however, an ESI participant from being retained to fill an addendum position,
such as coaching, for additional compensation from ESI.
5.
ESI
will make and/or pay all appropriate payroll deductions and taxes. The District will pay a service fee to ESI
of 9% based on the same salary used to calculate the compensation paid to the
retiree by ESI.
6.
Personnel
placed with the District by ESI must meet all district, state and federal
qualification standards, including but not limited to, fingerprint/background
clearance, certification, and licensure.
7.
Pursuant
to the terms and conditions of the District’s Early Retirement Program (ERP)
and Early Retirement Phase Out Program (ERPOP), participants in those programs
are ineligible to participate in the ESI option. ERP and ERPOP participants who resign from those programs,
however, are eligible for the ESI option.
8.
Regardless
of their status as employees of ESI, rather than the District, all personnel
placed with the District by ESI must comply with district, state and federal
laws, policies, regulations and directives.