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, June 8, 2004, 7:00 p.m.
Board
Members Present
Dr. Kent Barrabee, Vice President/Clerk
Jeff Grant, Member
Mike Prout, Member
Board
Members Absent
Nancy Young Wright, President
Patty Clymer, Member
Central
Administrators Present
Dr. Vicki McLeod
Balentine, Superintendent
Todd A. Jaeger, J.D.,
Associate to Superintendent and General Counsel
Patrick Nelson,
Associate Superintendent
Dr. Kent Barrabee called the meeting to order at 7:03 p.m.
Dr. Balentine led the Pledge of Allegiance.
PUBLIC COMMENT
Dr. Barrabee invited members of the audience to sign the
visitors’ register. Procedures for
addressing the Board were described.
Members of the audience addressed the Governing Board: Ms. B. J. Meyer and Ms. Mary Snider,
co-chairs of “Project Graduation,” provided the Governing Board an update on
these successful events (Ironwood Ridge and Canyon del Oro high schools). Each publicly thanked Dr. Balentine, Mr.
Doug Aho, Executive Manager of Operational Support, Facilities Support
Services’ staff, other District staff, parent volunteers, City of Oro Valley,
and businesses for providing time, money, and effort. They believe that this experience was a great model of community
caring. Both have had very positive
feedback from attending seniors and their parents. More than 90% of seniors participated. They look forward to next year’s event.
Appreciation was extended to both Ms. Meyer and Ms. Snider
for their vision, initiative, and execution of the Project Graduation events.
Roseanne Lopez publicly thanked the Board for her daughter’s
success as an open enrollment student and as a recent Amphi graduate who is now
college-bound.
1. Announcement of Date and Place of
Next Regular Governing Board Meeting
Dr. Kent Barrabee announced the next
regular meeting of the Governing Board: June 22, 2004, 7:00 p.m., at Wetmore
Center, 701 West Wetmore.
Dr. Barrabee stated that without objection, there would be a
change in the agenda to reflect the following: Reception for Newly Appointed
Administrators, Items 3, 4, 5 and Item 2.
RECEPTION FOR
NEWLY APPOINTED ADMINISTRATORS
Dr. Balentine introduced two newly appointed administrators: Ms. Lani Simmons, Executive Director of Human Resources and Mr. David Thatcher, Assistant Principal at Canyon del Oro High School. Dr. Balentine asked for a brief recess and invited those present to welcome Ms. Simmons and Mr. Thatcher and join in a reception for them.
Dr. Barrabee recessed the meeting at 7:21 p.m.
Dr. Barrabee called the meeting to order at 7:32 p.m.
3. Discussion of Termination of Pima
County Parks and Recreation After School and Summer Programs
Dr. Barrabee stated that, without objection, this item would
be tabled for a future meeting.
4. Monthly Status Report for the
Fiscal Year 2003-04, Classroom Site Fund Inflow
Dr. Balentine provided an update.
She stated that the most recent receipts are from January 2004. A bar chart was offered as comparison; she noted that
receipts are somewhat parallel to this year’s budgeted amount. It is expected that payments through May will
be received by August or September; generating approximately $230. per student.
5. Review of FY 2004-2005 Budget
Development. Review of Projected
Outflow
Dr. Balentine
provided a summary of the estimated Maintenance and Operation spending for
continuing programs for the 2004-2005 school year. The process of correcting the 2003-2004 student count continues;
that final number will drive the exact dollar amount for the 2004-2005 revenue
amount.
Dr. Balentine reviewed
charts that were visually projected explaining the projected spending totaling
an estimated $80,322,269. The charted
information showed these projections broken down as follows:
Direct dollars to the classroom: $60,659,134. (76% of the total 80,322,269)
(including: salaries; substitutes/ERE;
salary credits; dropout prevention, desegregation, & Career Ladder funding;
misc. enrollment-related anomalies; and supplies, etc.)
Student Transportation: 4,148,972. (
5%)
Estimated Operating Departments salaries/ERE: 6,871,893. ( 8%)
Estimated Operating exp. (supplies, postage, etc.) 2,857,775. ( 4%)
Estimated District Utilities: 4,784,495. ( 6%)
Estimated AERP Program: 1,000,000. ( 1%)
(Dr.
Balentine noted that this cost will continue to be reduced as the phase-out of
this program progresses.)
Dr. Balentine
responded to Mr. Prout’s inquiry about Excess Utilities, stating that a recent
ruling regarding the cap for excess utilities indicated that districts may
continue to use excess utilities as originally intended. This adds $320,000. to Amphi’s budget
capacity.
2. Recognition of Amanda DeGroff –
Winner of 2004 Principal’s Leadership Award Scholarship
Board Book Information:
Amanda DeGroff, a recent graduate
of Ironwood Ridge High School, will be recognized for being selected by the
National Association of Secondary School Principals as one of 150 national
winners of the Principal’s Leadership Award.
Amanda received a $1,000 scholarship.
Dr. Balentine
invited Dr. Sam McClung to introduce Ms. Amanda DeGroff. Amanda was one of over 5000 students that
applied for this award in 2004. He
stated that this award is given to students that demonstrate commendable
achievement in athletics, academics, and community service, as well as demonstrated
leadership. Amanda was part of the
original Ironwood Ridge core team, student body president for two years, helped
to form the fellowship of Christian athletes’ club, and captained the volley
ball team into the second round of the state playoffs. Dr. McClung stated that he believes that her
leadership, role modeling, and pursuit of personal excellence is a major factor
in the successes the school has had in its first three years.
CONSENT AGENDA
A motion was made by Mr. Grant to approve consent agenda items A-S. The motion was seconded by Mr. Prout and passed unanimously, 3-0. Appointment of personnel is effective, provided all district, state and federal requirements are met.
A. Approval of
Minutes of Previous Meeting
The May 11, 2004
regular and executive session Governing Board meeting minutes 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 Totalling and Not
Exceeding Approximately $1,060,000.00 (Revised Total)
The following vouchers were approved as presented and payment authorized:
Vo.
619 $ 275,291.77
Vo.
620 14, 728.28
Vo.
621 63,769.80
Vo.
622 93,852.42
Vo.
6221 168,704.49
Vo.
623 19,376.55
Vo.
628 421,471.29
G. Acceptance of Gifts
Donations were accepted by the Governing Board, as listed in Exhibit 5.
Board Book Information:
H.
Annual Approval of
All Authorized Signatories on District Checking Accounts for the 2004-2005
Fiscal Year
Board Book Information: The attached listing represents recommended authorized signatories on all District checking accounts for the 204-2005 fiscal year.
I.
Approval of Out of State Travel
Out-of-state travel was approved for staff (source of funding indicated): John Keepers from Amphitheater High School to attend the University of San Diego AP Summer Institute in San Diego, California, July 11-16, 2004 (Amphitheater High School); Sandi Beck and Terry Clark from the Health Services Department to attend the National Association of School Nurses Annual Conference in Seattle, Washington, July 10-14, 2004 (Health Services); Jayme Bigelow from Amphitheater High School to attend a Guitar Workshop in Las Vegas, Nevada, July 11-16, 2004 (Amphitheater High School); Ray Siemankowski from Canyon del Oro High School to attend the Constructing Tests for Science Courses Workshop in Golden, Colorado, July 18 – 23, 2004 (Canyon del Oro High School); Cathy Eiting, Monica Nelson and 17 teachers to attend the SDE National Conference on Differentiated Instruction in Las Vegas, Nevada, July 18-21, 2004 (grant funds); Cathy Crockett and Chris Potter to attend the Great Source Education Group 6 Traits Trainer’s Training in Orlando, Florida, July 31-August 5, 2004 (grant funds); Bill Walther, Marco Dominguez, Deanna Reynolds, Matt Haverty, Sandy Spiewak, Jean Sherrett, Debra VanSice, Isabel Santos-Odriscol, Jay Johnson, John
Carbajal, Patricia Helgesen, Georgina Alvarez, and Carrie Bejarano from Amphitheater High School to attend the GEAR Up National Conference in Washington, D.C., July 25-28, 2004 (GEAR Up Grant).
J.
Review and Approval
of Supplemental Texts
The Governing Board approved the supplemental textbooks for Special Education, as submitted.
K.
Approval of
Textbooks for Adoption
The Governing Board
approved the textbooks (as shown below) for adoption, which have been on display to the public for 60
days in accordance with Section
15-721 of the Arizona Revised Statutes.
Publisher: Allyn & Bacon Pearson; Author: Tom Humphries; Price: $42.00
Geometry
Publisher: Glencoe/McGraw Hill; Author: Carter, Flores; Price: $55.98
L.
Approval of
Textbooks for Display
The Governing Board approved officially placing the textbooks referenced below on display for a period of 60 days prior to official adoption, in accordance with Section 15-721 of the Arizona Revised Statutes.
College Algebra, 3rd Edition
Hospitality Services – Food & Lodging
M.
Approval of
Participation of Eligible Employee in Early Retirement Phase-Out Program Board
Book Information: On April 27, 2004, the Governing Board approved 23 employees for
participation n the Early Retirement Phase-Out Program beginning in the
2004-2005 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 23 individuals. The individuals ranged from 98.149 “points”
(age and years of service in the District) to 79.4 points.
One of the 23 individuals approved by the
Governing board has subsequently decided to retire from the District and
participate in the ESI program, thus opening up a slot for one more individual
to be approved. Sally Secrist, teacher
at Harelson Elementary, with a total of 79.3 “points” is the highest ranking
employee of those who applied but were not in the originally approved
group. Ms. Secrist has chosen Option A.
The Governing Board approved the
participation of Sally Secrist in the Early Retirement Phase-Out Program for
2004-2005, as presented.
N.
Request to
Terminate Early Retiree Contract with Special Benefits
Board
Book Information: Karen Kelter is being recommended for the termination of her early
retirement contract. Ms. Kelter, former
Librarian at Cross Middle School, has allowed her certification to lapse, and
has informed the District she does not intend to renew the certification or
acquire a substitute certificate. Valid
Certification is required in order for any compensation to the paid.
The Governing Board approved the termination
of the early retirement contract of Karen Kelter effective June 9, 2004. Ms. Kelter’s early retirement compensation
will end on that date and insurance benefits will end on June 30, 2004.
O. Approval of IDEA-Paperwork Reduction Grant
Board Book Information: IDEA-Paperwork Reduction Grant $21,790.00
This grant will provide funds to
upgrade computer software at the central office and streamline data entry
procedures required for the Arizona Department of Education special education
census reports. The new software will link the computerized IEP program to our
current data system; thereby, reducing the time required to enter data needed
for this report. Additionally, the
funds will be used to train teachers on effectively utilizing the computerized
IEP program.
The Governing Board approved the IDEA-Paperwork Reduction Grant in the
amount of $21,790,00., as submitted.
P.
Approval of Tucson
Police Department Special Duty Program Agreement; Approval of Sole Source
Procurement for Police Services
Board Book
Information: At the request of the
District, the Tucson Police Department provides police officers when needed for
special events taking place within the District such as graduation
ceremonies.
The proposed agreement is attached for the Board’s
convenience. The current agreement will
expire on June 19, 2004. Approval of
this agreement will authorize use of Tucson Police Department personnel as
needed for the 2004-2005 school year.
Within the City’s limits, the sole source of law enforcement
with jurisdiction to provide these kinds of special duty police services is the
Tucson Police Department. Therefore,
specific approval is sought for Sole Source procurement for police services
rendered within the City of Tucson.
The
Governing Board approved the Special Duty Program Agreement (Exhibit 6), as
presented. Sole source procurement for
police services rendered within the City of Tucson, was also included for
approval.
Q. Receipt of Monthly Report on School
Auxiliary and Club Balances
Board
Book Information: Arizona Revised Statutes §15-1121 and 15-1125 provide for the operation
of Student Activity and Auxiliary Operations funds, respectively. The Uniform System of Financial Records for
Arizona School Districts (USFR) outlines procedures to be followed by school
districts in the disbursements of monies from either of these funds. One requirement for the operational
compliance is to provide a report to the Governing Board summarizing the
transactions for the month.
The Governing Board received the Monthly
Report on School Auxiliary and Club Balances, as submitted.
R.
Approval of
Agreement with the American Red Cross for Use of District Facilities as Mass
Care Shelters
Board Book
Information: The Southern Arizona Chapter of the American Red Cross has
requested an agreement with the District to permit its use of District
facilities as possible shelters in the event of a disaster involving
homes. Should it become necessary, the
Red Cross would utilize the buildings, grounds and equipment of Canyon del Oro
and Amphitheater High Schools for mass care shelters for the victims of
disasters.
The agreement provides
for the replacement or reimbursement by the Red Cross for any damage done to
the selected facilities or its use of district foods/supplies during relief
activities.
The Governing Board approved the agreement with the American Red Cross of District Facilities as mass-care shelters, as presented.
S.
Renewal of the
Service Program Contract with the Pima County School Superintendent for
Vocational Rehabilitation Student Services Through the Arizona Department of
Economic Security
Board Book
Information: Student Transition Services (formerly The Youth Transition Program)
provides vocational rehabilitation services to students with disabilities who
are actively engaged in the transition from school to work through coordination
of services between the District and the Arizona Department of Economic
Security (DES). Both DES and the
District have legal obligations to provide such services to these students.
Amphitheater has participated in this program for several
years and recently approved a renewal through June 30, 2004. This item is presented for Board approval of
the renewal of the Service Program Contract between the District and the Pima
County School Superintendent for the term July 1, 2004 through June 30, 2005.
The County Superintendent will undertake coordination of
services. Costs of coordination are
covered through a 2% retention fee.
The Governing Board approved the service program contract with the Pima
County School Superintendent for Vocational Rehabilitation Student Services
(formerly known as “The Youth Transition Program”) through the Arizona
Department of Economic Security, as presented (Exhibit 7).
6. Study of Draft Policy Exhibit Regarding
Chaperone Travel Expenses
Board Book Information: This
item was first studied by the Board at its May 11, 2004 meeting.
Student-travel
events require the participation of chaperones to ensure student safety and
provide an effective level of instructional support. Where extracurricular travel occurs at student expense, it is a
very common practice for private and school groups to include a certain amount
in every student’s travel fee to cover the costs of chaperone travel.
However
common, this kind of arrangement creates potential for the appearance of
impropriety and conflict of interest, whether perceived or actual.
A
draft policy exhibit for inclusion in the District’s policy manual is attached
to address the issues, which may arise in these situations. This exhibit also incorporates information
as directed by the Board at its previous study session. Specifically, Mr. Prout’s request has been
incorporated into the third bullet.
A review of other district’s policies found no other policy, which
addressed the issue of funding chaperone travel. Most other district’s policies, rather, address only the need
for chaperones/supervision others expressly permit (but do not require)
chaperones.
Dr. Balentine invited
Mr. Jaeger to provide an update. In
checking with other districts regarding their policies, Scottsdale U.S.D. has
policy language allowing the usage of student activity funds for chaperone
travel costs. Regarding trips being
promoted during school hours, Marana S. D. has a statement that provides that
school personnel or resources could not be used in any way to arrange year-end
trips. Catalina Foothills S. D. allows
district facilities to be used for the promotion of trips, but only with rental
arrangements.
Mr. Jaeger reviewed
some proposed language changes that responded to board member concerns
expressed previously. The cost of
airline travel expenses may only be charged to students for the purpose of
competition open to other school competitors.
Additionally, proposed language is also included regarding the
disclosure of the full cost and nature of the chaperone travel costs.
Mr. Prout stated his concerns about intimidating methods used by some
teachers in promoting trips that include student-paid chaperone costs, which
could appear to be a conflict of interest.
He strongly believes that a policy is necessary to prevent this. He suggested that perhaps a minimum should
be established that validates a class or club trip, such as 50% student
participation. He is concerned about
third party operator trips.
Dr. Balentine responded that one of the paragraphs states that chaperones
may not solicit student’s participation in travel as it represents a conflict
of interest. Discussion ensued regarding this area. Furthermore, many of the concerns expressed are issues that
cannot be covered under this policy – policy can only apply to “sanctioned”
trips (which allow tax credits, insurance, etc.). A school sponsored trip must be request that is:
curricular-related, accompanied by a site principal’s recommendation to Mr.
Nelson, and Board approved.
Dr. Barrabee suggested that perhaps to avoid pressure, teachers could
post trip information on a bulletin board-type system, providing contact
information thereby having the information disseminated only once
students/parents have requested specific trip information.
Dr. Barrabee warned that excessive policy language changes might cause
harm at the expense and interest of legitimate opportunities, such as a foreign
language/educational trip. A teacher
ought to receive compensation for providing the all-encompassing services that
a trip of this type demands.
Dr. Balentine noted that in the District’s current (previously updated)
travel policy, a protective clause was added requiring that travel must be
Board approved prior to the collection of any funds. Also, during the school-sponsored trip request process, as
discussed earlier, serves as a check and balance process to ensure the policy
related to chaperones is followed.
Mr. Grant expressed support of this version of the policy language.
Dr. Balentine offered that Administration be vigilant in identifying
trips: ensuring that they must be focused on curriculum, working with school
administration so that school personnel understand the appropriate process –
that Board approval is required before a school community may move forward with
fundraising, etc., and the goal for a high-rate of participation. Mr. Jaeger added that one of the criteria
included in a recent policy change addresses the requirement of a high-rate of
student participation. (This policy
reference will be included in a Friday memo to Board members.)
7. (ADDENDUM TO) Study/Approval of Training Cost Reimbursement for
Technology and Bus Driver Training; Authorization of Administration to Pursue
Legal Action to Enforce Agreements
Board Book Information: Given the lack of adequate funding provided
to them, public school districts find it consistently and increasingly
difficult to compete with the private sector in many segments of the employment
market, most notably in the technological fields. This has certainly been the experience of Amphitheater.
The shortage of qualified
personnel in the market, combined with the ability of private sector employers
to “outbid” school districts often leaves school districts unable to fill
positions for long periods of time. This, in turn, has led districts and other
public employers to implement “grow your own” programs. Through these programs, personnel not
qualified for a given position are hired and trained on the job until they meet
required qualifications, at the employer’s expense. Employer expenses may not only include the wages or salary paid
during the employee’s training period, but also the actual cost of training
programs and materials. In the technology
field particularly, the cost of training can be significant.
This investment
in new employees can be a sound one where the employee remains in the
employment of the District. It is, of
course, a losing proposition where the employee, newly trained and qualified,
leaves a district’s employment soon afterward for the higher pay of the private
sector.
The loss of training costs is not
limited to new employees. Training,
particularly for technology employees, is an continuing need. Training for all employees is advantageous—both
to increase the value of the employees and to strengthen the organization. Indeed, it is crucial to information systems
and instructional technology workers. A significant portion of an IS or IT
worker’s skills must occasionally be renewed and refined to ensure that the
worker’s contribution remains valuable and current. The dependence of school districts upon its technology and
information systems personnel is underscored by the demands of accountability
measures, which require significant data assessment.
This experience
for Amphitheater, however, is not limited to the technology fields. Employees hired to serve as bus drivers are
frequently trained on the job in order to qualify them for both their
commercial drivers licenses (“CDL’s”) and their bus driver certifications. Many school districts do not pay individuals
an hourly wage while they are training to earn their driver credentials. The value of the training is significant, so
many people are willing to train without compensation. Amphitheater, however, has found that better
drivers can be hired when paid training time is offered. Consequently, the District has long paid its
driver trainees a wage as they train on the job. Unfortunately, we have experienced the situation where some
trainees abandon their employment with the District after being licensed and
certified to work for higher paying districts or transportation firms.
While the
Administration recognizes that people’s situations change leading to job
changes, it is fundamentally unfair to the taxpayers of the District to absorb
significant costs of training personnel who subsequently do not remain in
employment for a sufficient period afterward to provide a financial benefit to
the District. Like other employers
throughout the country, the Administration is recommending the adoption of a
training reimbursement policy. In
short, such a policy would require employees who do not fulfill an obligation
to remain in employment for a specified period of time following their training
to reimburse the District for the cost of their training on a pro-rata
basis.
This is not a new
concept for the District. Several years
ago, a “grow your own” program was implemented, with the Board’s consent, by
the Special Education and Language Acquisition departments. Participating teachers were reimbursed by
those departments for the tuition and other costs of obtaining the additional
educational units required to obtain state certification or endorsement to
teach in each field. In turn, the
employees were required to remain in employment of period of two years, a
fairly standard term. We are proposing
the same concept be applied now to the Technology and Transportation
Departments.
Training Guidelines.
The suitability of training
depends on both the employee’s job description and the needs of the department.
Costs of training should only be underwritten by the District where necessary
for the employee to perform the employee’s job description. Obviously then, training required by the
District would be eligible for reimbursement or direct payment. Examples of eligible training would be that
required for the District’s migration to a Microsoft network or the current bus
driver training. Payment for training
for the simple purpose of expanding an employee’s qualifications, without a
job-related need for such expansion, would not be permissible. Often, however, because of promotions and
shifts in District strategy or job responsibilities, employees assume new roles
within the organization and must acquire new skills. In such instances,
training to acclimate the employee to the new position would be considered
eligible for reimbursement or direct payment.
Credits or
certificates earned through this policy are not eligible for the District’s
existing increment credit program for classified personnel. This program applies only to training
mandated or authorized by the District.
The Governing Board shall make the final decision in determining whether
training is covered by this program.
The list of
training programs currently approved by the Governing Board for reimbursement
or direct payment of training costs under this program are as follows:
§
School Bus Driver Certification/Commercial Driver
Licensure
§ (Technology training to be identified through supplement to this item)
Employee’s Obligations.
The District strongly encourages
employees to complete all training once reimbursement/direct payment of
training costs has been approved. The District also encourages employees to
give training attendance their highest priority. If employees have an emergency
that prohibits them from attending training, they will notify both their
supervisor and their department head.
If an employee
enrolls in training and decides to withdraw, the employee will immediately
reimburse the organization for all fees or costs already incurred by the
District, unless those fees may be recovered in full by the District. If the
employee withdraws because of hardship—injury, or family or personal
illness—the Associate to the Superintendent will review the matter and make a
recommendation to the Governing Board as to whether to waive recovery of the
cost of the training.
Once the District
has expended funds to obtain the required training of the employee, the
employee will be obligated to remain in the District’s employment for the period
of time specified in the District’s training reimbursement contract which is
applicable to the situation. Employees
who voluntarily leave the organization before the end of the specified period
will have to pay the District a pro-rata percentage of the training costs
expended by the District, corresponding to their percent of completion of the
period at the time the employee resigns.
Employees laid off from the organization because of a reduction in force
or reorganization will not be obligated to pay the District. Employees who are terminated for cause
prior to completion of the specified period will be obligated to reimburse the
District for the cost of training on the pro-rata basis specified above.
The employee
shall execute a written contract prior to the initiation of the training, which
shall contain the terms of reimbursement.
Forms of contract shall be approved by the Governing Board.
Where
reimbursement is required, reimbursement will be deducted from the employee’s
last paycheck; alternatively, and if necessary, the Superintendent and General
Counsel may be authorized to initiate legal action in Pima County Superior
Court to recover the costs.
District’s Responsibilities.
To ensure that continued training
is accessible to employees, the District will
pay for all costs related to training authorized and/or required by the
District. The District will identify
required or necessary training eligible for this program.
The District will
prepare a form of contract for each employee affected by this program and shall
require the employee’s execution of the agreement prior to the start of
training or payment of training costs, whichever occurs first.
Forms of Contract.
A form of
contract has been prepared for the Transportation department, for bus driver
trainees. A form of contract for
technology positions had not yet been completed at the time this item was
submitted. It will be provided to the
Board members through a supplement to this item, once the list of proposed
courses/certifications has been finalized.
This item is presented for
the Board’s study and/or approval. The
Administration recommends approval of the program described above, based upon
the foregoing terms and attached forms of contract. The Administration also recommends that the Board hereby
authorize the initiation of legal action in Superior Court, if necessary, to
enforce the terms of this program and any participant’s contract.
Dr. Balentine introduced Mr. Jaeger to provide an overview. He stated that it is vital to have a policy
that requires employees’ acknowledgement of the investment that the taxpayers
are making in them and with the expectation that they will remain in the
taxpayers' employment for some period of time.
Additionally, it is also necessary to receive the Board’s authority to
enforce the contract by legal action, if necessary. Employees that enter into
these agreements should understand that the Board and the District are serious
about the terms of these agreements.
Additionally, it also addresses hiring staff that are not yet qualified
to perform the functions that they are being hired to perform while providing
them training or instruction. For that
investment, these contracts will demand a specific commitment of time. Terms of service are shown. It is hoped that with the investment of
time, staff retention through promotional opportunities will be realized. However, if an employee must leave sooner,
then there is an obligation for reimbursement to the District.
Mr. Prout supports the concept in that it protects the District, its
students, and taxpayers. He asked when
this would be effective. Mr. Jaeger
responded that it would be in place immediately, if approved. Clarification was given regarding whether a
policy is necessary. Mr. Jaeger stated that it is necessary for the Board’s
approval of this program and that authority be given for the District to enter
into these contracts; this does not need a policy. Consent items will include notification of training
contracts.
Mr. Prout moved to approve the proposed forms of the two agreements, as
submitted and the authorization of litigation, if necessary, as described. Mr. Grant seconded for the purpose of
discussion.
Mr. Grant asked for clarification about consistency regarding clauses found
in both sample contracts allowing the Governing Board discretion to waive
financial obligation. Discussion ensued regarding circumstances under which
exceptions can be made. Dr. Barrabee
expressed a concern about retaining employees who are viable candidates; this
program may serve as a tool for recruitment.
Dr. Barrabee called the vote; the motion passed unanimously, 3-0.
8.
Study of Governing
Board Policy JLCB and Policy Regulation JLCB-R Regarding Immunizations of
Students
Board Book Information:
A review of Governing Board
policies by legal counsel suggest the need for revisions to bring specific
Governing Board policies into compliance with revisions to A.R.S. §15-872.
Policy
JLCB no longer requires a District to provide a due process hearing pursuant to
A.R.S. §15-843 for a student who has been suspended because they
could not provide proof of immunization.
By statute (A.R.S. §15-872) students who attend
school and who do not comply with the immunization schedule are required to be
suspended from school attendance until they can show documentary proof of
immunization. Immunization of student
is a health and safety issue rather than a discipline issue. As student who does not have proof of
immunization shall not be allowed to attend school until such proof has been
provided.
Policy
Regulation JLCB-R has been revised to reflect revisions to Policy JLCB. It was also revised to reference the
citation to the Department of Health Services regulation rather than the
specific language found within the regulation.
Although
A.R.S §15-874 specifies November 30th as the date for
submitting the report to the state or local health department, that date has
been revised to November 15 to comply with Department of Health Services rule
R9-6-707.
Revisions to Policy
JLCB and Regulation JLCB-R have been prepared for the Board’s study.
Proposed
revisions to Governing Board Policy JLCB and Regulation JLCB-R are presented
for the Board’s study only at this time.
Mr. Prout asked about any reference to types of vaccine. Mr. Jaeger stated that the need for the
revision is due to the current inconsistency in the law related to what
qualifies as an exception. Currently,
the only exceptions are – a parent must provide a medical statement from a
doctor stating that a child may not have the vaccination for medical reasons or
the parent signs a statement of objection, disallowing their child to be
vaccinated. In the past, other circumstances have been accepted; this revision
will limit these “other” exceptions.
Dr. Balentine responded
to concerns about the health issues relating to inoculations, saying that
Administration will forward concerns to the appropriate health agencies.
9.
Study of Proposed
Revisions to Governing Board Policies JKD and JKE Regarding Student Discipline
Board Book Information:
The Governing Board policies,
regulations and exhibits regarding student discipline are extensive. They require, in part, that a student
alleged to have violated the Code of Conduct is required to “remain in school
until applicable due process procedures are instituted. In no instance shall students be released
early from school unless parents have been notified.” In practice, this due process takes the form of parental contact
via telephone or in person. In
addition, the student is presented with a “Notice of Disciplinary Action” form
(frequently referred to as the 9038), which sets out the specific violations
the student is alleged to have committed and the discipline assigned. If a long-term suspension referral is pending,
it is specifically noted on the 9038.
As
parental contact is required upon the assignation of discipline, and notice is
given to the student’s parent/guardian that additional discipline may be
pending, the Administration recommends that the following policy changes be
considered by the Board. Administration
believes that these proposed revisions will not compromise the due process
rights of the student.
Hearing
Notification pursuant to JKD
Governing
Policy JKD provides guidelines for student discipline and long-term suspension
procedures. As set forth in this
policy, the subsection entitled “Regular Education Students: Suspension for over ten days” states (in
relevant part):
“Step 4: A formal letter to the
responsible parent or guardian will be mailed by certified mail with return
receipt requested or delivered by hand (with an adult witness present) at least
three (3) working days prior to the formal hearing….”
In
practice and in addition to the certified mail requirements set forth above,
the hearing scheduler also makes a ‘courtesy call’ to the parent/guardian of
the student in an attempt to confirm the parent’s knowledge of the hearing date
and time.
Administration
notes that many parents do not access certified mail in a timely manner or, they
simply refuse to accept any certified mail.
Further, staff processed approximately 300 long-term suspension and/or
expulsion hearings during the 2003-2004 school year. At an average certified mail cost of $4.88, the district is
spending more than $1,464.00 per year on postage for these notices alone. Parents, likewise, are not always personally
available to accept hand-deliveries. As
a consequence, the Administration recommends that the certified mail
requirements of this section be deleted and this subsection be revised as
follows:
“Step 4: A formal letter to the
responsible parent or guardian will be mailed by certified mail with return
receipt requested or delivered by hand (with an adult witness present) at
least three (3) working days prior to the formal hearing….”
Hearing
Notice pursuant to JKE
Governing Policy JKE provides guidelines for student expulsion procedures. In the subsection entitled “Regular Education Students”, this policy states (in relevant part):