a g e n d a - durham public schools...2015/01/22 · e. universal breakfast and lunch program dr....

1. Call to Order 6:30 p.m. 2. Moment of Silence 3. Be Our Guest 4. Celebrations 5. Superintendent’s Update 6. Agenda Review and Approval 7. General Public Comment 8. Board of Education Meeting Minutes 9. Consent Agenda

a. Alternative School Accountability Model b. Forest View Elementary School – Bids for Chiller Replacement c. Oak Grove Elementary School – Bids for Chiller Replacement d. Eastway Elementary School – Right-of-Ways and Easement e. DPS Policy Manual Revisions with the North Carolina School Boards Association f. Revised Policy 3300 – Student Access to High School Courses

10. Reports of the Committees I. Administrative Services Committee

a. Additional Capital Funding for the Whitted Project

II. Support Services Committee a. Made in Durham

11. Closed Session • To consider confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-319. • To consult with the board attorney to preserve the attorney-client privilege as provided in

NCGS 318.11(a)(3). 12. Adjournment

A G E N D A

Durham Public Schools Board of Education

Monthly Meeting January 22, 2015

Fuller Administration Building 511 Cleveland Street, Durham, NC

Mission Statement In collaboration with our community and parents, the mission of Durham Public Schools is to provide all students with an outstanding education that motivates them to

reach their full potential and enables them to discover their interests and talents, pursue their goals and dreams, and succeed in college, in the workforce and as engaged citizens.

Date: January 22, 2015


PRECIS

Agenda Item: Be Our Guest

Staff Liaison Present: Chrissy Pearson Phone # 560-9112

Main Points: The board welcomes the parents/guardians from the following schools: Durham School of the Arts Spring Valley Elementary Jordan High Lowe’s Grove Middle Oak Grove Elementary Easley Elementary Fiscal Implications: N/A Strategic Plan Alignment:

II.2 DPS will strengthen internal and external communication practices as measured by public perception and employee satisfaction. Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney __________

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PRECIS

Agenda Item: Celebrations

Staff Liaison Present: Chrissy Pearson Phone # 560-9112

Student & Staff Recognition Duke/DPS Student(s) of the Month Jose Morales, Performance Learning Center High School.

Community Partners Assistance League of the Triangle Area is a volunteer

organization dedicated to improving the lives of women, children, and families in our community. Through Operation School Bell, the Assistance League has partnered with Bethesda, Burton, Eastway, Glenn and

CC Spaulding Elementary Schools to provide new clothes and shoes to students in need.

Biogen Idec has partnered with Durham Public Schools to provide extended learning opportunities for students at their on-site facility. Students learned about yeast cells, cellular temperature and various factors that affect cell growth. Students conducted small experiments, visited with Biogen employees and were outfitted in standard Biogen Idec lab attire complete with lab coats, gloves, and safety glasses during the duration of the lab. As part of its partnership with Durham Public Schools, Biogen covered the students’ traveling expenses to the facility as well as the cost of a substitute teacher for the day.

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PRECIS

Agenda Item: Board of Education Meeting Minutes

Staff Liaison Present: Julianne Gates Phone # 919-560-2502

Main Points: Presented for approval:

o December 15, 2014 – Joint BOE and BOCC 2nd Quarterly Meeting o December 16, 2014 – Special Board Meeting – Open Minutes o December 18, 2014 – Regular Monthly Meeting – Open and Closed Minutes o January 12, 2015 - Special Monthly Meeting – Open and Closed Minutes

Fiscal Implications: N/A Strategic Plan Alignment:

Purpose



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JOINT BOE-BOCC MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION DECEMBER 15, 2014

A joint Durham Public Schools Board of Education (BOE) and Board of Durham County Commissioners (BOCC) held its second 2014-15 quarterly meeting on December 15, 2014, at 9:00 a.m. in the Durham County Board of Commissioners’ Chambers, 200 East Main Street, Durham, NC. Board of Education Members present:

Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Leigh Bordley; Sendolo Diaminah; and Matt Sears were present. Mike Lee was not in attendance.

Board of County Commissioners Members present:

Reverend Michael Page, Chair; Brenda A. Howerton, Vice Chair; and Commissioners: Wendy Jacobs; and Fred Foster, Jr.; and County Manager, Wendell Davis were present. Commissioner Ellen Reckhow joined the meeting via conference call. BOE Administration present:

Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic services; Hugh Osteen, Deputy Superintendent of Operational Services; Chrissy Pearson, Chief Communications Officer; and Chip Sudderth, Public Information Officer, were present.

Call to Order

Reverend Page called the meeting to order and thanked everyone for coming. Updates

Superintendent L’Homme began the presentation and shared updates on the following initiatives:

a. Use of W.G. Pearson School Dr. L’Homme stated that W.G. Pearson School is home to Student U, Second Chance Academy, the new truancy center, Future Forward Center, and the offices of Student Support Services.

b. Truancy Center/Dropouts Dr. L’Homme shared that truancy and dropouts are directly connected. He said that the Truancy Center is geared to students with chronic truancies. He stated the intended outcomes were to reduce excused and unexcused absences, to encourage connections between students, parents, and the school, and to encourage the development of skills and resources that are needed to graduate. Dr. L’Homme proudly added that Durham Public Schools’ graduation rate last year was 81.5%. Dr. L’Homme explained that the Future Forward Program consisted of two components:

• Truancy Reduction Program (TRP) – to develop students’ re-engagement plan(s) based on initial in-take screening for implementation at their base school(s)

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BOE-BOCC Joint Meeting December 15, 2014 Page 2

• Future Forward Intervention (FFI) – to engage students with necessary resources to set a course for high school graduation and post-secondary readiness

He explained Phase I and the risk factors for seniors and for chronic truants under the age of sixteen. He shared the future phases of the center to include expanding services to truant students with significant mental health challenges, and the collaboration with multiple district and community programs to provide appropriate services.

c. Suspensions Dr. L’Homme stated the district’s goal is to decrease short-term suspensions and is seeking input from teachers, principals, middle and high school students, and the community. He shared the 2014-2015 focus will be on professional development and training efforts, additional support for students to include mental health services, and to revise the Code of Student Conduct policy to make a suspension a learning experience.

d. Graduation Dr. L’Homme proudly reminded both Boards that the graduation rate last year was 81.5%. He shared the 2013-2014 four-year graduation rate by subgroup and stated that a 100% graduation rate was the only acceptable rate.

e. Universal Breakfast and Lunch Program Dr. L’Homme shared that every student is eligible to receive free breakfast in all schools, and in ten schools, students can receive free lunch with the assistance of a United Way grant.

f. Teacher Mentoring and Principal Coaching Program Dr. L’Homme stated that many teachers asked for a teacher mentoring program and a comprehensive program has been established. The Teacher Mentoring Program has reduced the teacher mentor ratio from 1:103 to 1:26. He shared that this is a three year program to train and retain highly effective teachers, and to ensure that teachers understand and are fully prepared to positively impact teaching and learning and to increase student achievement. He said there are currently six full-time release mentors and twenty retired teachers serving as mentors. He stated the criteria to become a teacher mentor to include ten years or more experience as a successful teacher, experience in a school or district with similar demographics, a three-year commitment, and must abide by the DPS Code of Ethics for Teacher Mentors. Dr. L’Homme explained that the Principal Coaching Program was established to help reduce the principal turnover rate, to train and retain effective school leaders, and to provide extra support to increase principal effectiveness. He said that this is a two year program to serve school leaders who are new to the principalship, new to DPS, or need additional support to ensure success in the principalship. He shared that retired principals and district leaders serve as Principal Coaches and

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must have eight or more years as an experienced principal/administrator with knowledge of current educational best practices and data analysis. In addition, they must provide evidence of successful school leadership, have experience in a school or district with similar demographics, and hold a current license as a principal and/or school administrator.

g. Refugee/Immigrant Program Dr. L’Homme shared a comparison of where Central American refugees were in North Carolina with Durham County at 215 since January of last year. Effective October 2014, there are 282 in Durham Public Schools and services are being provided for trauma, post-traumatic stress disorder and various other support groups are in place. In addition, these students are receiving clothing assistance and food through the backpack program. Dr. L’Homme shared the tremendous community support the district has received for these students and their families.

h. Charter Schools in Durham Dr. L’Homme stated that the number of students attending charter schools has continued to increase each year. He shared that two new charter schools will open in 2015-2016 and the increase of 453 students in 2014-2015. He asked the Commissioners to keep that in mind during budget time as not only are charter school students entitled to their share of the County allocation but Home School students are as well.

Reverend Page entertained questions and comments from all Board Members. There was a concern regarding total numbers of sexual assaults for the district and Board Members were given the Security Log Incident Report dated December 5, 2014. All Board Members agreed that there was a need to reach all students to let them know about all the opportunities available to them in order to further their education after high school. Dr. L’Homme thoroughly answered all questions and concerns.

Whitted School

Hugh Osteen, Deputy Superintendent of Operational Services, presented an update on the redevelopment of the James A. Whitted School. He shared the progress to date: initial deal points have been developed between the County, DPS, and the developer; the developer applied for Low Income Housing Tax credits and credits were awarded in the second year of the application process; and the County has retained outside legal counsel with experience in tax credit projects. Mr. Osteen presented the original financing structure totaling $20,005,333 and explained that due to inflationary costs and water and sewer improvements required by the City of Durham, the proposed new financing structure totaled $21,470,333. He shared the following recommendations to cover the increase:

• Recommendation to increase County commitment by $840,000. • DPS is being asked to increase their commitment by $800,000.

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• The City has indicated a willingness to increase their commitment from a $500,000 loan to a $600,000 cash commitment. Additionally, they have indicated their willingness to pay for the utility improvements totaling $265,000.

• The Developer has increased their deferred development fee to infuse more cash into the project at the beginning.

• The Developer has been able to secure a new $350,000 loan (net) from the Federal Home Loan Bank. • The City has agreed to grants equal to property taxes paid and the Board of County Commissioners is

requested to do the same, which would generate an additional $210,000. Mr. Osteen presented a floor plan of the site and explained which area would house the Pre-K classes. He stated that originally, Pre-K classes at Whitted were intended to be an expansion of service to the community, but if existing classes were relocated, operating expenses would be about $714,000 opposed to $1.5 million. He shared that there would be eight classrooms with eighteen students in each; totaling 144 students. He added that a benefit of moving Pre-K classes from other schools would help relieve overcrowding at Southwest, Merrick-Moore, and Lakewood. Lastly, Mr. Osteen reported that DPS has requested a thorough review of the design and layout of the Pre-K area and that the Pre-K and construction staff would verify the design for appropriateness and efficiencies. Reverend Page entertained questions and comments from all Board Members. There were comments and concerns shared by all Board Members regarding the need to serve additional Pre-K students, not just relocating students, even if that means the community must fund the services. In addition, there were concerns of whether or not Durham Public Schools was the best partner for this project and who would fund the nearly $2 million in operating costs over the next three years. County Manager, Wendell Davis, reminded the Boards of the sense of urgency of whether or not to move forward with this project because the developer is required to spend ten percent of the project cost by September 2015 to meet the requirements of the low-income housing tax credit. He stated that he would have answers to all prior questions and from today’s meeting by the end of the week. Reverend Page stated that the County Commissioners had a work session on January 5, 2015, to discuss the project and would vote on the project on January 12, 2015. Dr. L’Homme stated that the Board of Education had an Administrative Services Committee Meeting on January 8, 2015, to discuss the project, and would vote on the project on January 22, 2015. Reverend Page thanked everyone for attending the meeting and wished everyone Happy Holidays. Having no further discussion, the meeting was adjourned at 11:54 a.m. The next quarterly meeting of the Boards is scheduled for 9:00 a.m. on Monday, March 16, 2015, in the Durham Public Schools Board of Education Board Room, Fuller Administration Building, 511 Cleveland Street, Durham, NC.

________________________________________ Heidi Carter, Chairperson Durham Public Schools Board of Education

________________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

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MINUTES

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION

DECEMBER 16, 2014

The Durham Public Schools Board of Education held a special meeting on December 16, 2014, at 3:00 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. The purpose of this meeting is for Board Members to discuss priorities within the Superintendent’s 4 Goals and Graduate Durham. Board Members present: Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Mike Lee; Sendolo Diaminah; Leigh Bordley; and Matt Sears were present. Administrators present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Hugh Osteen, Deputy Superintendent of Operational Services; and Chip Sudderth, Public Information Officer, were present. Others: Dr. Melody Clodfelter, MCO Leadership Associates Call to Order Chair Carter called the meeting to order. A moment of silence was observed. Agenda Review By unanimous Board consent, the agenda was approved as written. Priorities within the Superintendent’s 4 Goals and Graduate Durham Chair Carter introduced Dr. Melody Clodfelter from MCO Leadership Associates as the facilitator of the Board discussion. Dr. Clodfelter began her presentation by sharing the desired outcome to provide the Board of Education Members, individually and collectively, the opportunity to give input on and discuss priorities for achieving the district’s four main goals and Graduate Durham so as to guide the administration’s work and the Board’s decision making. She explained the ground rules to include: be open and honest to the process; function at a policy and management directive level; to ensure that all Board Members are heard and input is received without judgment; and to dream big and think within the scope of the district’s current work. She reviewed the process of gathering individual Board Member’s input relative to elements of the four main district goals and Graduate Durham, identifying themes, discussing themes, gathering input to prioritize themes, and to discuss the priorities. Dr. Clodfelter explained the affinity diagram, a tool to organize ideas into natural groupings. She asked Board Members to write down critical elements that would be present in an ideal school and school system for each of the main school district’s goals and Graduate Durham. She reminded Board Members of the main school district goals as follows:

1. Increase student achievement 2. Decrease dropout rate 3. Decrease suspension rate 4. Increase graduation rate

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Board of Education Special Meeting Minutes December 16, 2014 Page 2 After Board Members posted their ideas, they worked together to rearrange the ideas according to natural relationships and created a header for each category. Dr. Clodfelter led a discussion regarding overlapping themes for each goal and Graduate Durham, as well as overlapping themes across goals. Board Members shared additional thinking about each theme. Next Steps Dr. Clodfelter will submit a hard copy format of the ideas presented by the Board and will provide it electronically to the Board of Education, the Superintendent, and the Deputy Superintendents. Dr. L’Homme and the administrative staff will look at alignment between the Board’s input and current plans of work to determine where priorities are already being addressed; priorities that are not included in current plans of work; and to develop recommendations that will be reported to the Board at a time to be determined. Board Members discussed revising the mission and vision statements for the district to include student, staff, and community involvement. The consensus was to have the core values agreed upon by the end of June 2015. Dr. Clodfelter thanked the Board for a rich and informative conversation. Chair Carter thanked Dr. Clodfelter for her hard work and efforts in the planning of this discussion. Having no further business, the meeting adjourned at approximately 6:04 p.m. ____________________________________ Heidi Carter, Chair Durham Public Schools Board of Education

____________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

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MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION DECEMBER 18, 2014

The Durham Public Schools Board of Education held its regular monthly meeting December 18, 2014, at 6:30 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. Board Members present: Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Matt Sears; Mike Lee; Leigh Bordley; and Sendolo Diaminah were present. Administration present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Hugh Osteen, Deputy Superintendent of Operational Services; Dr. Debbie Pitman, Assistant Superintendent of Student, Family, and Community Services; Tom Crabtree, Assistant Superintendent of Human Resources; Chrissy Pearson, Chief Communications Officer; and Aaron Beaulieu, Chief Finance Officer, were present. Attorney present: Deborah Stagner Call to Order Chair Carter called the meeting to order and presided over a moment of silence. Be Our Guest Leigh Bordley shared comments and thanked the Northern High School Culinary students for the meal during Be Our Guests. She invited the Board Members and Superintendent L’Homme to join her on the red carpet to pay tribute to the parents/guardians of students at Parkwood Elementary, Y.E. Smith Elementary, Southwest Elementary, Merrick-Moore Elementary, Brogden Middle, and Early College High Schools. Celebrations Board Members recognized students, parents, and community partners. Chief Communications Officer, Chrissy Pearson, recognized the following: Special Recognition – Ms. Pearson recognized and thanked the Riverside High School’s string quartet, led by Ms. Sara Moore, for providing beautiful music this evening before and during the Be Our Guest dinner. She recognized the four students who played: Quavon Johnson, violin; Andrew Wilkison, violin; Marguerite Alley, viola; and Connor Rogerson, cello. Board Members thanked the students and invited them to walk the red carpet. Duke University’s DPS Student of the Month – This program spotlights students who distinguish themselves with character and integrity.

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Board of Education Minutes December 18, 2014 Page 2 Molly Monsees – December Student of the Month. Principal Matthew Hunt introduced Molly and shared comments. Molly holds a 5.3 weighted GPA and is never at a loss for activities to keep her busy. She is President of the Envirothon team, President of the National Spanish Honor Society, a member of the student council, a member of the cross country team, serves as a tutor to disadvantaged kids, and is a hostess at the Mellow Mushroom restaurant on weekends. Molly credits her drive and ambitious nature to her parents who she says inspire her every day. “My parents are really driven, motivated, passionate people so I learn from them” says Molly. After graduation, Molly hopes to attend either UNC - Chapel Hill or UNC – Charlotte and major in public health or nursing. She says she would love a career dealing with advocacy and women’s health. Molly was presented with a certificate, and she and her parents were invited to walk the red carpet. Brother to Brother Principal Rod Teal recognized the Brother to Brother mentoring program. The program aims to support and nurture the academic, social, physical and emotional growth of young boys of color attending Pearsontown Elementary School and offers students academic support and enhanced activities designed specifically with boys of color in mind. Approximately 12 volunteers from across Durham serve as mentors and are paired with students to assist them with academic support, self-esteem reinforcement, and social skill development activities. Mr. Teal recognized the following students Ashton Hayes, Chase Dawson, Cameron Tate, Maxwell Thornton, and Zane Crews. He said that over the past year, with volunteers like Mr. Harry Leak, and Reverend Michael Page, these young men wrote a book and presented a copy to Dr. L’Homme and each Board Member. They were all thanked and invited to walk the red carpet. N.C. State Fair Art Awards Ms. Mary Casey, Director of K-12 Fine Arts, recognized and congratulated the following winners from the N.C. State Fair Art Exhibit: ELEMENTARY SCHOOL • 4th Place – Oak Grove Elementary School – $350 – Art teacher: Christie Hollis;

Principal: Aisha Howard • 5th Place – Burton Elementary School – $250 – Art teacher: Suzanne Brown; Principal:

Dr. Kimberly Ferrell MIDDLE SCHOOL • 2nd Place – Durham School of the Arts – $550 – Art teachers: Patrick Hitesman, Val

Martinez, Carolyn Maynard, Brittney Soderman ; Principal: David Hawks • 7th Place – Lakewood Montessori – $100 – Art teacher: Delvecchio Faison; Principal:

Sheldon Reynolds HIGH SCHOOL • 2nd Place – Durham School of the Arts – $550 – Art teachers: Larry Downing, Carolyn

Maynard, Darrell Thompson; Principal: David Hawks 2014 N.C. State Honors Chorus Ms. Casey recognized and congratulated the following students who were selected for the 2014 N.C. State Honors Chorus:

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Board of Education Minutes December 18, 2014 Page 3 MIDDLE SCHOOL DSA Middle School – Chorus teachers Amy B Davis, Sean Grier, Sydney Sides; Principal David Hawks Brogden Middle School – Chorus teacher Corinne Huber; Principal LaTonya Smith Lucas Middle School – Chorus teacher Allison Thomas; Principal Tom Seckler HIGH SCHOOL DSA High School – Chorus teachers Amy B Davis, Sean Grier, Sydney Sides; Principal David Hawks Riverside High School – Chorus teacher Jill Boliek; Principal Joel County All students, teachers, and administrators were congratulated and invited to walk the red carpet. Community Partners GlaxoSmithKline Ms. Pearson welcomed Principal Arrica DuBose, Fayetteville Street Elementary School, and Ms. Alycia Worthy, CTE teacher from City of Medicine Academy, and asked them to assist her in recognizing GlaxoSmithKline as the Community Partner for December. She introduced Ms. Mary Linda Andrews, a representative of GSK, and said that on October 30, also known as Orange Day, GSK team members volunteered at Fayetteville Street Elementary School. Scientists entered classrooms and completed science experiments with third, fourth and fifth grade students and discussed different science careers. They also talked with the students about the colleges they attended and what children can do to be prepared for college and science careers. Later the volunteers had lunch and visited with students. In addition, GSK Scientists, partnered with City of Medicine Academy students in career mentoring and job shadowing. Students participated in hands-on demonstrations and had a glimpse into the work day of a GSK scientist. Ms. Pearson thanked Ms. Andrews and GlaxoSmithKline for being such strong supporters of our students and schools. Ms. Andrews was presented with a certificate and invited to walk the red carpet. Superintendent’s Updates Superintendent L’Homme shared the following updates:

• Hillside’s Jason Jowers has been named NC Secondary Assistant Principal of the year! He will go on to national competition and he is a valuable instructional leader and member of Hillside’s Leadership Team.

• Last Thursday, there was an outstanding choral performance by Hillandale, Brogden and Riverside choruses. Not only was there excellent artistic expression by 500 student singers, but also an example of elementary, middle and high schools working together.

• There has been excellent progress on truancy and suspensions. o Finalizing the Truancy Center and opening in January o Training is underway on behavior management, de-escalation training, and Time

to Teach.

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Board of Education Minutes December 18, 2014 Page 4

• The NC School Boards Association has encouraged Boards to take a stand against School Performance Grades.

o School Performance Grades don’t adequately reflect growth and progress. • Following the demonstrations in Ferguson, Cleveland, and New York, there have been

demonstrations in Durham and at two of our high schools. I am very proud of the students at Hillside and Northern High Schools for their peaceful demonstrations and their chance to voice the unjust actions and be a part of a community to try to correct these issues.

• Please remember the 16 year old student that was killed this past week, Delonta Hart. I feel sympathy and sorrow for his parents and he was gifted in so many ways; teachers from Carrington and Northern remember his smile. This is a tragedy for Durham; and as a community, we failed Delonta. We need to come together as a community and a school system to never let this happen again.

Agenda Review and Approval The agenda was approved as written by common consent. General Public Comment: None

Board of Education Meeting Minutes Presented for approval:

o November 20, 2014 – Regular Monthly Meeting – Open and Closed Minutes Sendolo Diaminah made a motion to approve these minutes as written. Mike Lee seconded and the motion passed unanimously. Consent Agenda Chair Carter noted that the Consent Agenda items were thoroughly discussed in committee. She also thanked the Finance Department for their hard work on the 2013-2014 Comprehensive Annual Financial Report (CAFR).

a. Communities in Schools Contract b. 2013-2014 Comprehensive Annual Financial Report c. Information Technology – Cisco SMARTnet Maintenance Services d. Information Technology – IT Staffing for School Support

Vice Chair Forte-Brown made a motion to approve Consent Agenda. Natalie Beyer seconded and the motion passed unanimously. Reports of the Board

a. Resolution Regarding the State’s Proposal to Assign Letter Grades to Each Public School Recommendation: Action Public Comment: None

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Board of Education Minutes December 18, 2014 Page 5 Chair Carter shared comments about the State’s proposal to assign letter grades to each public school. Board Members took turns reading as follows:

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION RESOLUTION

REGARDING THE STATE'S PROPOSAL TO ASSIGN LETTER GRADES TO EACH PUBLIC SCHOOL

WHEREAS, at the direction of the North Carolina General Assembly, the State Board of Education intends to issue "School Performance Grades" for each public school in the state beginning early next year; and WHEREAS, both parents and taxpayers in North Carolina have a right to know how well our individual public schools are performing in their duties to educate our children; and WHEREAS, the School Performance Grades for Elementary and Middle Schools will be based primarily on the results of the standardized End-of-Grade (EOG) and End-of-Course (EOC) tests in Mathematics, English Language Arts and 5th and 8th grade Science; and WHEREAS, the School Performance Grades for High School will also be based primarily on students' performance on standardized tests in English, Mathematics, and Biology, as well as the ACT and the school's graduation rate; and WHEREAS, extensive empirical analyses exist, demonstrating a preponderance of evidence that strongly correlates economic and demographic conditions of school's neighborhood with student performance on North Carolina's standardized tests, such that schools drawing from wealthier populations of students consistently do better than schools drawing from populations of higher relative poverty; and WHEREAS, this correlation of performance to socio-economic conditions is reflected in the results of the students who attend Durham Public Schools; and WHEREAS, it is clear that students who come from families with more resources are better prepared and equipped to learn; and WHEREAS, Durham Public Schools, with higher percentages of students from lower income families, consistently show increases in student growth from the beginning to the end of a school year that meets or exceeds the average one year growth of North Carolina students; and WHEREAS, the year-long measure of educational success that a child attains is the best indicator of the overall quality of instruction provided to that student; and

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Board of Education Minutes December 18, 2014 Page 6 WHEREAS, the state's proposed grading system for schools under-emphasizes gains in yearly growth (i.e., what a child learns in a year) by a weight of 20%, while disproportionately emphasizing performance on standardized tests, a weight of 80%; and WHEREAS, our district's alternative high school, the Performance Learning Center, has had a demonstrably superior track record of turning around the educational performance of hundreds of students who otherwise would have dropped out of high school, but instead are now valuable contributors to our community and economy; and WHEREAS, as only one of many examples, the proposed state grading formula would assign the Durham Performance Learning Center a grade of D, thereby implying that a program that plainly is successful is (falsely) a 'near failure', giving the school an unwarranted stigma of flow achievement which stands to be a negative deterrent for future potential students from recognizing the PLC as a 'life line' to their success; and WHEREAS, other schools in the Durham Public Schools system would also be assigned a grade of D yet 90% or more of the teachers in those schools consistently are judged by the State as meeting or exceeding growth among their students. NOW, THEREFORE, BE IT RESOLVED, that the Durham Public Schools Board of Education finds, for all of the reasons stated above, the North Carolina General Assembly's mandated School Performance Grading System is an ill-conceived, ineffective and potentially damaging approach to addressing otherwise legitimate needs to provide parents and taxpayers with accurate indications of school performance; and BE IT FURTHER RESOLVED, that the Durham Public Schools Board of Education believes North Carolina's reputation as a state with a strong education system will be unnecessarily damaged by the assignment of misleading and counter-productive 'grades' to many of its public schools; and BE IT FURTHER RESOLVED, that the Durham Public Schools Board of Education respectfully requests that the General Assembly delay the issuance of School Performance Grades until a new system, which gives a more accurate reflection of the true performance of a school, is put in place; and BE IT FURTHER RESOLVED, that the Durham Public Schools Board of Education respectfully requests that the Superintendent of Durham Public Schools work with the Superintendents of other school districts in North Carolina, as well as with the North Carolina School Boards Association, to develop an alternative grading system which can be used to give parents and taxpayers a truer vision of the performance of our schools.

This the 18th day of December, 2014.

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Following Board discussion, the following changes were made: • In the twelfth paragraph, third line, change the word “flow” to “low”. • In the second BE IT FURTHER RESOLVED paragraph, change “delay” to “end” and leave

out “until a new system, which gives a more accurate reflection of the true performance of a school, is put in place; and”.

• Strike the last BE IT FURTHER RESOLVED paragraph. Leigh Bordley made a motion to approve the resolution regarding the State’s proposal to assign letter grades to each public school with the suggested changes. Matt Sears seconded and the motion passed unanimously.

Reports of the Committees

I. Instructional Services Committee a. School Improvement Plans

Recommendation: Action Public Comment: None

Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services, presented the school improvement planning process which allows schools to develop strategies that focus on increasing student achievement and improving overall school effectiveness. School Improvement Plans (SIP) are developed at the school level using feedback from a structured needs assessment process that informs data driven decisions and the implementation of research based strategies. School Improvement Plans are aligned to the strategic priorities identified by the North Carolina State Board of Education and the goals for Future Ready Students in addition to local District goals. Each School Improvement Team (SIT) consists of the principal of the school, the assistant principals, instructional personnel, instructional support personnel, teacher assistants, and at least two parents. Each member shall serve a minimum of one year and a maximum of three years. The SIT shall develop a SIP that addresses the following areas:

• improved instruction and student outcomes; • professional development; • school climate, which includes student health, safety and discipline and working

conditions; • stakeholder satisfaction (students, parents, teachers); and • duty-free lunch/planning time for teachers.

Dr. Wilson-Norman shared the following phases: Phase I – Comprehensive Needs Assessment (CNA): gather data, organize data, analyze

data, draw conclusions, and establish next steps Phase II – Plan Development (August – September): Goal, Objectives, and Strategies

o Title I Expectations – the ten components, budget alignment and budget worksheet, and focus and priority schools

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Board of Education Minutes December 18, 2014 Page 8 Phase III – Implementation (Ongoing): The implementation stage is the most difficult of

all. Implementing an improvement plan really comes down to changing a complex organization in fundamental ways.

Phase IV – Monitoring Check Points Dr. Wilson-Norman explained the format of the School Improvement Plans and they can be found on the DPS website. Lastly, she shared the school assignments for each Area Superintendent, Mr. John McCain, Dr. Alisa McLean, and Ms. Jacqueline Ellis. She thoroughly answered all questions and concerns. Mike Lee made a motion to approve the School Improvement Plans. Vice Chair Forte-Brown seconded and the motion passed unanimously. II. Administrative Services Committee

a. 2015-2016 Budget Priorities and Guiding Principles Recommendation: Action

Public Comment: None Mr. Aaron Beaulieu, Chief Finance Officer, began the presentation and shared the recommended list of budget priorities and guiding principles to be used when building the 2015-2016 budget:

Provide funding that directly impacts our students and teachers. • Promote transparency and accountability in development, presentation and management

of the annual budget. • Implement funding formula between DPS and Durham County. • Reduce the dependency on committed fund balance to cover salary and benefits. • Achieve efficiencies and savings within existing programming and funding levels. • Provide accurate projections of student membership. • Review all district personnel and allotments for potential savings. • Review current staffing formulas across the district and strive to continue our investment

in classroom teachers and staff. • Review current non-salary allotments to individual schools. • Reduce the dependency on lapsed salaries to balance the budget. • Monitor further state mandates to cover salary and benefit increases and possible

reductions in program funding. • Review all contracts within the district for appropriateness and potential savings. • Review all operational expenditures to maximize efficiency and potential savings.

Mr. Beaulieu thoroughly answered all questions and concerns. Following Board discussion, Matt Sears made a motion to approve the 2015-2016 Budget Priorities and Guiding Principles. Vice Chair Forte-Brown seconded and the motion passed unanimously.

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b. Durham County Capital Improvement Plan Recommendation: Action

Public Comment: None Mr. Hugh Osteen, Deputy Superintendent of Operational Services, began the presentation and shared that the County of Durham has requested an update from Durham Public Schools regarding the capital needs for the next ten years. He shared information and provided detail on Durham Public Schools’ current Long Range Facility Plan (LRFP), the County’s Capital Improvement Plan (CIP) and additional updates.

An Overview of Durham Public Schools’ Capital Improvement Plan Submittal to Durham County

December 2014 Every two to three years, the County of Durham updates its Capital Improvement Plan (CIP). This plan provides a ten year outlook on the purpose, amount and timing of capital funding and improvements for agencies and departments the County supports. DPS is typically the largest portion of these funds though, in recent years, the county has built a new courthouse and Health and Human Services Center. DPS updates its Long Range Facilities Plan (LRFP) every two to four years. The data and projections in the LRFP are typically what generate DPS’ submittal for the County’s CIP. The County notified DPS in the fall of 2014 that it would be updating its CIP in the Spring of 2015. DPS last updated CIP information for the County in November 2012. Having just updated the LRFP in November of 2013, DPS needed only to adjust the master list of projects and funding requirements in order to provide the County with an overview of our capital needs. As expected, most of the plan remained unchanged. However, there are several new or modified projects worth noting. At the elementary level, we continue to project the need to build Elementary “C” as soon as possible. Bond funds from 2007 are covering the design costs now. Elementary “F” remains in the second half of the plan and the Elementary at Lowe’s Grove creeps back into the plan due to the extension of years nine and ten. The most notable change is a new elementary at the proposed 751 South Development. As it is built out, this development will generate enough k-5 students to require a small elementary school. Timing of the funding and construction will depend on the pace of the development. For existing Elementary Schools, the most notable change is to replace Eno Valley with a new facility on the same site. The cost to solve Eno Valley’s needs make it more feasible to replace rather than repair it. At the middle school level, the most notable change is a plan to add a middle grades wing at the Creekside elementary site. Creekside houses roughly 100 students per grade. Therefore, a middle

9

19

Board of Education Minutes December 18, 2014 Page 10 school wing for 300 students would create a K-8 campus and could greatly reduce overcrowding at Githens Middle School. At the high school level, Durham School of the Arts continues to have many needs as listed in the site’s master plan. However, the biggest change to the group is at Northern High School. Often added to and modified over the decades, the administration recommends that the most prudent action for the future of Northern High is to rebuild it in its entirety on the same site on which it currently sits. For central sites, The Hub Farm, located on Milton Road, is now mentioned independently and has several improvements listed. The result of these few major changes and updates to the remaining improvements is a slight uptick in the ten-year value of the LRFP. At its last adoption, the total value was approximately $396 million. Today, with adjustments for what has been accomplished or funded plus the new changes, the value is $450,543,992; approximately a ten percent increase. All of this information is provided so that the County can plan and project its support of county-wide capital funding for the next ten years. There are many needs and the costs are high. However, the County must also protect the tax rate and the bond rating for the best fiscal health possible. In discussions with DPS in 2013, the County indicated there would be a general obligation bond referendum for school and other needs in fall of 2015. With building asset values of roughly a half billion dollars, the numbers listed in the LRFP and CIP don’t seem so high. The community has invested a great deal into good school facilities. It also deserves and expects for them to be maintained and preserved properly. It is hoped that the 2015 bond offers a significant level of funding to care for the community’s investment and to grow where needed for the future. Mr. Osteen thoroughly answered all questions and concerns. Following Board discussion, Natalie Beyer made a motion to approve the Durham County Capital Improvement Plan. Mike Lee seconded and the motion passed unanimously. Closed Session On a motion by Sendolo Diaminah, seconded by Vice Chair Forte-Brown, the Board convened in closed session to consider confidential student information protected under NCGS 115C-402 and the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g, to consider confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-319, and to consult with the board attorney to preserve the attorney-client privilege as provided in NCGS 318.11(a)(3). The Board convened in closed session at approximately 8:13 p.m. Open Session – Personnel Recommendations The Board reconvened in open session at approximately 9:22 p.m.

10

20

Board of Education Minutes December 18, 2014 Page 11 Personnel Approval Superintendent L’Homme recommended approval of the December 18, 2014, Personnel Reports. On a motion made by Natalie Beyer to approve the Personnel Reports dated December 18, 2014; seconded by Vice Chair Forte-Brown, the motion passed unanimously. Chair Carter thanked everyone for coming and wished Happy Holidays to all! Having no further business, the meeting adjourned at approximately 9:24 p.m. ____________________________________ Heidi Carter, Chair Durham Public Schools Board of Education ____________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

11

21

MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION JANUARY 12, 2015

The Durham Public Schools Board of Education held a special meeting on January 12, 2015 at 4:35 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. The purpose of this meeting is to consider a recommendation regarding payment of wages to employees of Integrity Custodial Services, a sub-contractor of Durham Public Schools’ custodial program. Board Members present: Heidi Carter, Chair; Mike Lee; Sendolo Diaminah; Natalie Beyer; and Leigh Bordley were present. Minnie Forte-Brown and Matt Sears were not in attendance due to other Board commitments. Administrators present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; and Hugh Osteen, Deputy Superintendent of Operational Services Attorney present: Eva DuBuisson Call to Order Chair Carter called the meeting to order and a moment of silence was observed. Agenda Review Natalie Beyer made a motion to add General Public Comment (item #4) to the agenda. Mike Lee seconded and the motion passed unanimously. Public Comment (One person spoke.)

1. Mr. Dan Oldham - Mr. Oldham, speaking on behalf of the People’s Alliance, shared their support for the custodial staff that has lost wages due to Integrity’s closing. Mr. Oldham read a letter of support and informed Board Members of their desire for Durham Public Schools to reimburse the employees who were affected.

Payment of Wages to Employees of Integrity Custodial Services Dr. L’Homme stated that the administration would like to request that all Integrity employees are paid any missing wages due to Integrity’s closure. Dr. L’Homme shared that Durham Public Schools’ goal is to make this whole. Dr. L’Homme explained the effective dates are between October 16, 2014 and November 5, 2014. Dr. L’Homme explained that it is the intent of Durham Public Schools to pay employees for lost wages and to stand in for them in bankruptcy court and recoup as much of the money as reasonable from Integrity. Dr. L’Homme shared that these employees are part of our school families and they have positive relationships with principals, teachers, and students.

22

Board of Education Special Meeting Minutes January 12, 2015 Page 2 Natalie Beyer moved to go into closed session to consult with the Board’s attorney and preserve the attorney-client privilege pursuant to general statute 143-318.11(a)(3). Sendolo Diaminah seconded. The Board voted unanimously to move into closed session at 4:45 p.m. Open Session The Board reconvened in open session at approximately 5:05 p.m. Chair Carter recognized Mike Lee. Mr. Lee made a motion that the Board authorizes Durham Public Schools to ensure that any Integrity Custodial employees that performed work on DPS facilities between October 16, 2014 – November 5, 2014 are paid for any missing wages as a result of Integrity’s closure and to instruct staff to pursue all opportunities to recoup monies paid through the bankruptcy and responsible contractors. Natalie Beyer seconded and the motion passed unanimously. Natalie Beyer made a motion to adjourn the meeting. Mike Lee seconded and the motion passed unanimously. Having no further business, the meeting adjourned at approximately 5:10 p.m. ____________________________________ Heidi Carter, Chair Durham Public Schools Board of Education

____________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

23



PRECIS Agenda Item: Alternative School Accountability Model Staff Liaison Present: Dr. Julie D. Spencer Phone #: (919) 560-2027 Deshawna Gooch

Main Points:

• The State Board of Education approved a new policy that provides local education agencies with four accountability model options for alternative schools.

• DPS administration recommends the Progress Model be used for alternative schools (Lakeview School, Performance Learning Center, and WG Pearson School, if applicable) for 2014-2015 and 2015-2016.

• The Progress Model includes the following components: School Persistence, Student

Achievement, and Growth with a change rating rather than a letter grade.

Fiscal Implications:

Purpose


Reviewed by: Finance __________ Attorney:

24

Alternative School Accountability Model

1/15/2015 1

Instructional Services Committee Meeting December 2, 2014

DeShawna Gooch Director of State Assessments

Research & Accountability

Dr. Julie D. Spencer, Ed. D. Assistant Superintendent for Research & Accountability

25

Objective

• To identify and approve how DPS will participate in the Alternative Schools’ Accountability Model for Lakeview School, Performance Learning Center, and WG Pearson School (if applicable) for the 2014-2015 and 2015-2016 school years

26

Background • The READY accountability model for NC public schools

provides special provisions for alternative schools. • The previous accountability model allowed alternative

schools with the option of utilizing local/school goals for the accountability model.

• The new accountability model for alternative schools provides school districts with four options.

• The model applies to all DPS alternative schools – Lakeview School, Performance Learning Center, and WG Pearson School, if applicable. 3

27

Model Options Option 1

– Accountability Model is consistent with all other NC public schools

– School Performance Grade Given (A-F) Option 2

– All data/results are returned to the students’ home school

– No designation given Option 3

– Alternative Progress Model (outlined on next slide) – School designated as Progressing, Maintaining, or

Declining Option 4

– Customized Model

4 28

DPS Recommendation: Option 3: Alternative Progress Model

• Student Persistence (20%) ‒ Percent of students who remain enrolled in any NC public school through

the end of the school year

• Student Achievement (20%) ‒ Percent of students proficient on READY indicators based on 3-year

average

• Growth (60%) ‒ EVAAS will develop an alternative growth model

**All schools will receive a designation – Progressing, Maintaining, or Declining. 5

29

Alternative Progress Model: Designation

Designation Change from Previous Year

Progressing A change in the school by at least +3 points

Maintaining A change in the school by -2.9 to +2.9 points

Declining A change in the school by at least -3 points

30

Alternative Progress Model: Score Calculations

BASELINE

7

CHANGE

DESIGNATION

31

Questions

8 32


Durham Public Schools BOARD OF EDUCATION

PRECIS Agenda Item: Forest View Elementary School – Bids for Chiller Replacement

Staff Liaison Present: Hugh Osteen Phone # 560-3831 Jon Long 560-2216

Main Points: The 2007 Bond funds provide for replacement of the existing chiller at Forest View

Elementary School. The age and condition of the system make replacement necessary.

Bids were received on December 2, 2014 from eight (8) qualified bidders. The lowest, responsive, responsible bidder is:

Jeff Hargett Mechanical, Inc. Base Bid: $220,826.00 Greensboro, NC Alternates Nos.1- 4 : $49,300.00 Total: $270,126.00

Administration submits this bid information and the proposed contract for approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 10.06% and all required affidavits have been submitted by the contractor. Purpose



33

BID TABULATIONSForest View Elementary School - Chiller ReplacementBid Date: Tuesday, December 2, 2014Time: 3:00 PM

Durham Public Schools

1

*1 Jeff Hargett Mechanical Y 17463 $220,826.00 $0.00 $35,100.00 $0.00 $14,200.00 $87,302.00 $357,428.00

2 Superior Mechanical Services, Inc. Y 6911 $223,700.00 $0.00 $36,000.00 $0.00 $17,000.00 $85,000.00 $361,700.00

3 Comfort Systems Y 24425 $238,575.00 $0.00 $36,664.00 $0.00 $23,705.00 $88,500.00 $387,444.00

4 Boiler Masters Inc. Y 63135 $246,000.00 $0.00 $37,700.00 $0.00 $27,700.00 $91,000.00 $402,400.00

5 Southern Piping Y 7422 $257,696.00 $0.00 $37,303.00 $0.00 $19,020.00 $95,434.00 $409,453.00

6 Watco Corporation Y 2881 $258,363.00 $0.00 $37,789.00 $0.00 $25,227.00 $93,859.00 $415,238.00

8 Bolton Y 22834 $293,000.00 $0.00 $43,000.00 $0.00 $34,500.00 $96,000.00 $466,500.00

7 HM Kern Y 8542 $296,000.00 $0.00 $37,000.00 $0.00 $9,000.00 $90,000.00 $432,000.00

Alternate #1 - Provide air cooled chiller by Trane Co. in lieu of the base bid chiller.Alternate #2 - Provide all new 'front end' control equipment required for a web based interface of the DDC BAS.Alternate #3 - Provide control equipment installed by Schneider Electric in lieu of the base bid controls provider.Alternate #4 - Demolish existing VFD's for the air handling units and install new VFD's including all related control work.Alternate #5 - Demolish existing controls for air handling units AHU-1 thorugh AHU-8, AHU-E/W and FCU-A through J. Install new DDC controls, network

wiring, hot and chilled water control valves, damper operators and all panels and appurtenances to convert the AHU controls to a web based DDC BAS.

* Apparent lowest responsible, responsive bidder.

I (We) hereby certify that this is a true and accurate tabulation of bids received this day,for the above project.

Signed:____________________________________ Date:________________________

Alt. #3 Alt. #4 Alt. #5

Durham Public Schools2011 Hamlin RoadDurham, NC 27704

(919) 560-2216 Fax: (919) 560-9119

TOTAL BIDMECHANICAL CONTRACTORSMWBEFORM

LICENSENUMBER

BASEBID Alt. #1 Alt. #2

34

NORTH CAROLINA DURHAM COUNTY

OWNER-CONTRACTOR AGREEMENT

Durham County Forest View Elementary School – Chiller Replacement Project

THIS AGREEMENT, is made this 22nd day of January in the year of 2015 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina 27704 and Jeff Hargett Mechanical, Inc. SS/EID #17463 (herein referred to as the "Contractor"), whose mailing address is 6845 Spencer Dixon Road, Greensboro, North Carolina 27455. All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address.

WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Forest View Elementary School – Chiller Replacement (DPS project 332-01, documents dated November 1, 2014) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor:

Article 1

DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the

General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the

Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein.

Article 2

STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and

professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

2

35


2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Edmondson

Engineers, 1920 E. NC Hwy 54, Ste. 700, Durham, North Carolina 27713.

Article 4 TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the

Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in

the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the

last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated.

4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for

Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions.

Article 5

CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations

under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Two Hundred Seventy Thousand One Hundred Twenty Six Dollars ($270,126.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents.

Article 6

PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every

month during the performance of the Work he will deliver to the Owner's Project

3

36


Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions.

Article 7

OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond

and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the

General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing.

7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises

(MBEs) per N.C. Gen. Stat. 143-128 as subcontractors in the performance of this contract.

IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Jeff Hargett Mechanical, Inc. (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education ______________________________________________ Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. _________________________________ Aaron Beaulieu, Chief Financial Officer, Durham Public Schools

This contract was approved by the Board on the 22nd day of January, 2015.

Endorsement: ______________________ Executive Director Durham Public Schools Construction & Capital Planning

4

37


Jeff Hargett Mechanical, Inc. By: ____________________________________________ Name/Title: STATE OF NORTH CAROLINA COUNTY OF DURHAM

I, a Notary Public in and for the aforesaid County and State, do hereby certify that ____________________ personally appeared before me this day and acknowledged that he/she is _____________ of _________________________., a _________________ (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ________ , sealed with its corporate seal and attested by ___________________ as its Corporate Secretary.

Witness my hand and notarial seal this day of , 2014. ____________________________________ (SEAL/STAMP)

Notary Public

My commission expires:_________

5

38



PRECIS Agenda Item: Oak Grove Elementary School – Bids for Chiller Replacement


Main Points: The 2007 Bond funds provide for replacement of the existing chiller at Oak Grove

Elementary School. The age and condition of the system make replacement necessary.

Bids were received on December 2, 2014 from eight (8) qualified bidders. The lowest, responsive, responsible bidder is:

Superior Mechanical Services, Inc. Base Bid: $229,000.00 Greensboro, NC Alternates Nos. 1 - 4 : $59,000.00 Total: $288,000.00

Administration submits this bid information and the proposed contract for approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 5.05% and all required affidavits were submitted by the contractor. Purpose



39

BID TABULATIONS Oak Grove Elementary School - Chiller ReplacementBid Date: Tuesday, December 2, 2014Time: 3:00 PM

Durham Public Schools

1

*1 Superior Mechanical Services, Inc. Y 6911 $229,000.00 $0.00 $35,000.00 $0.00 $24,000.00 $112,000.00 $400,000.00

2 Boiler Masters Inc. Y 63135 $248,000.00 $0.00 $36,600.00 $0.00 $29,000.00 $118,000.00 $431,600.00

3 Comfort Systems Y 24425 $250,926.00 $0.00 $35,572.00 $0.00 $32,595.00 $115,813.00 $434,906.00

4 Southern Piping Y 7422 $258,580.00 $0.00 $36,193.00 $0.00 $24,396.00 $124,277.00 $443,446.00

5 Watco Corporation Y 2881 $262,128.00 $0.00 $36,764.00 $0.00 $33,934.00 $118,208.00 $451,034.00

6 HM Kern Y 8542 $299,000.00 $0.00 $39,000.00 $0.00 $13,000.00 $117,000.00 $468,000.00

8 Bolton Y 22834 $299,900.00 $0.00 $46,700.00 $0.00 $29,000.00 $125,400.00 $501,000.00

**7 Jeff Hargett Mechanical Inc. Y 6911 $208,500.00 $0.00 $34,000.00 $0.00 $19,600.00 $113,000.00 $375,100.00

Alternate #1 - Provide air cooled chiller by Trane Co. in lieu of the base bid chiller.Alternate #2 - Provide all new 'front end' control equipment required for a web based interface of the DDC BAS.Alternate #3 - Provide control equipment installed by Schneider Electric in lieu of the base bid controls provider.Alternate #4 - Demolish existing VFD's for the air handling units and install new VFD's including all related control work.Alternate #5 - Demolish existing controls for air handling units AHU-1 thorugh AHU-8, AHU-E/W and FCU-A through J. Install new DDC controls, network

wiring, hot and chilled water control valves, damper operators and all panels and appurtenances to convert the AHU controls to a web based DDC BAS.

* Apparent lowest responsible, responsive bidder.** Jeff Hargett Mechanical Inc. withdrew their bid for this project due to a math error during the bid process.

I (We) hereby certify that this is a true and accurate tabulation of bids received this day,for the above project.

Signed:____________________________________ Date:________________________

Alt. #3 Alt. #4 Alt. #5 TOTAL BID

Durham Public Schools2011 Hamlin RoadDurham, NC 27704

(919) 560-2216 Fax: (919) 560-9119

MECHANICAL CONTRACTORSMWBEFORM

LICENSENUMBER

BASEBID Alt. #1 Alt. #2

40


OWNER-CONTRACTOR AGREEMENT

Durham County Oak Grove Elementary School – Chiller Replacement Project

THIS AGREEMENT, is made this 22nd day of January in the year of 2015 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina 27704 and Superior Mechanical Services, Inc. SS/EID #6911 (herein referred to as the "Contractor"), whose mailing address is 607 Industrial Avenue, Greensboro, North Carolina 27406. All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address.

WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Oak Grove Elementary School – Chiller Replacement (DPS project 360-01, documents dated November 1, 2014) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor:

Article 1

DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the

General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the

Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein.

Article 2

STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and

professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

2

41


2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Edmondson

Engineers, 1920 E. NC Hwy 54, Ste. 700, Durham, North Carolina 27713.

Article 4 TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the

Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in

the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the

last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated.

4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for

Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions.

Article 5

CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations

under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Two Hundred Eighty Eight Thousand Dollars ($288,000.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents.

Article 6

PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every

month during the performance of the Work he will deliver to the Owner's Project

3

42


Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions.

Article 7

OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond

and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the

General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing.

7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises

(MBEs) per N.C. Gen. Stat. 143-128 as subcontractors in the performance of this contract.

IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Superior Mechanical Services, Inc. (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education ______________________________________________ Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. _________________________________ Aaron Beaulieu, Chief Financial Officer, Durham Public Schools

This contract was approved by the Board on the 22nd day of January, 2015.

Endorsement: ______________________ Executive Director Durham Public Schools Construction & Capital Planning

4

43


Superior Mechanical Services, Inc. By: ____________________________________________ Name/Title: STATE OF NORTH CAROLINA COUNTY OF DURHAM

I, a Notary Public in and for the aforesaid County and State, do hereby certify that ____________________ personally appeared before me this day and acknowledged that he/she is _____________ of _________________________., a _________________ (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ________ , sealed with its corporate seal and attested by ___________________ as its Corporate Secretary.

Witness my hand and notarial seal this day of , 2014. ____________________________________ (SEAL/STAMP)

Notary Public

My commission expires:_________

5

44



PRECIS Agenda Item: Eastway Elementary School – Right of Ways and Easement


Main Points: The North Carolina Department of Transportation (NCDOT) is requesting approval of an

offer to purchase real property for additional right-of-way (0.628 acres), permanent easements (0.140 acres), and temporary construction easements (0.221 acres) along NC 55 (Alston Avenue) and Liberty and Taylor Streets.

The attached map shows the proposed NCDOT project improvements on school property

along NC 55, Liberty Street and Taylor Street. The purpose of the right-of-way is for widening of NC 55 and requisite changes at intersections with Liberty and Taylor Streets. The permanent easements include drainage to minimize any potential drainage issues and utility for access for relocation of power poles. The temporary easement is required for access to work areas during construction.

The total offer is $196,497.

Administration submits this proposed offer and declaration of surplus for approval. Fiscal Implications: Proceeds will go towards capital improvements. Purpose



45

SUMMARY STATEMENT/OFFER TO PURCHASE REAL PROPERTY

DUE TO THE ACQUISITION OF RIGHT OF WAY AND DAMAGES THIS OFFER SUPERSEDES ANY PREVIOUS OFFER TO: Durham Public Schools Board of Education DATE: 9/24/14 511 Cleveland St. TO: Lessee, if Applicable Durham, NC 27702 N/A TIP/PARCEL NO.: U-3308 057 COUNTY Durham WBS ELEMENT: 34915.2.1 DESCRIPTION: NC 55 (Alston Avenue) from NC 147 to US 70 Business-NC 98 (Holloway Street) Dear Property Owner: The following offer of just compensation is based on the fair market value of the property and is not less than the approved appraised value for the appropriate legal compensable interest or interests. The approved value disregards any increase or decrease in the fair market value of the property acquired due to influence caused by public knowledge of this project. The offer of just compensation is based on an analysis of market data, comparable land sales, and, if applicable, building costs in the area of your property. Please retain this form as it contains pertinent income tax information. Value of Right of Way to be Acquired $ 116,250.00 Value of Permanent Easements to be Acquired $ 25,917.00

Value of Temporary Easement (Rental of Land) to be Acquired $ 8,180.00 Value of Improvements to be Acquired $ 46,150.00 Damages, if any, to Remainder $ 0 Benefits, if any, to Remainder minus $ 0 TOTAL OFFER $ 196,497.00 The total offer includes all interests other than leases involving Federal Agencies and Tenant owned improvements. (A) Description of the land and effects of the acquisition Subject property described in Deed Book 1838, page 314, Durham County Registry, contains approximately 14.580 acres of which 0..628 acres is being acquired as right of way, leaving 13.952 acres remaining on the right with access to Alston Avenue and Eva St. Also being acquired is a temporary construction easement containing approximately 0.221 acre and a permanent utility easement containing approximately 0.140 acre. (B) The TOTAL OFFER includes payment for the improvements and appurtenances described below: Woven wire fencing, pavement, curbing, 15+ oakwood trees, and various landscaping. Provided there is sufficient time remaining in the project schedule, you may repurchase these improvements for a retention value, with the stipulation that you remove them from the acquisition area at no expense to the Department. (C) Should you desire to sell the Department the portion of your property considered to be an uneconomic remnant/buildable lot, as explained to you by the Right of Way Agent, the total offer would be: $ N/A . Any offer to purchase a remnant/buildable lot is conditioned upon the remnant/buildable lot being environmentally clean prior to the conveyance to the Department. You may be required to provide the Department with a release from the appropriate environmental agency stating that all contaminants have been remediated and/or removed to their standards. The original of this form was handed/emailed, if out of state owner, to Durham Public Schools on 9/24 20 14 . Owner was furnished a copy of the Right of Way Brochure/Owner’s Letter. I will be available at your convenience to discuss this matter further with you. My telephone number is (919) 220-4703

1

46

Permanent ROW

Permanent Utility Easement (PUE)

Temporary Construction Easement (TCE)

LEGEND:

EASTWAY ELEMENTARY SCHOOL

47



PRECIS

Agenda Item: DPS Policy Manual Revision with the North Carolina School Boards Association Staff Liaison Present: Debbie Pitman, PhD Phone #: (919) 560-2554 Agency Liaison Present: Janine Murphy (919) 841-4040

• Administration is recommending that the Board work with the North Carolina School Boards Association (NCSBA) to update board of education policies from January 2015-June 30, 2017.

• The NCSBA legal/policy staff will work with Durham Public Schools to do a “section by section” update of the policy manual to incorporate all legally-mandated or recommended policies, all NCSBA-recommended policies, and other discretionary policies as desired by the Board.

• The total cost of the contract is $24,900 which will be prorated annually with the custom

policy services scheduled to conclude no later than June 30, 2017.

• In addition, NCSBA recommends that the board provides notice to constituents of the policy revision work underway.

• Administration presents this to the board for information and Administration seeks approval of the recommended NCSBA Notice.


• These efforts will be supported through local funds.

Purpose


Reviewed by: Finance _____ Attorney KS___

48

Durham Pubic Schools Board of Education Policy Manual Revision

with the North Carolina School Boards Association

Board of Education Committee

January 22, 2015

Debbie Pitman, PhD Assistant Superintendent

Student, Family and Community Services

Janine Murphy Assistant Legal Counsel

North Carolina School Boards Association

49

NCSBA Policy Revision Process

Goal - To revise DPS policy to ensure the Policy Manual incorporates:

• All legally-mandated or recommended polices

• All NCSBA-recommended policies

• Other discretionary policies as desired by the Board

50

Duties of NCSBA • Policy Manual Customization • Use of Policies to Lead the Schools • Developing the Customized Manual • Information and Communications • Draft of Revisions to Policies • Work Processing Schedule • Regulations or Administrative

Procedures • Copy of Completed Customized Policy

Manual

51

Duties of the Board • Copies of Current Policy Manual • Assistance with Revision of Manual • Time Frames • Duplication of Effort • Fees • Time Frame of Policy Revision • Additional Services and Costs • Term • Termination • Compliance with laws & requirements • Agreement/Modifications, Governing

Laws, Binding Effect

52

NCSBA will provide… • Correlation Table I comparing NCSBA policy to DPS policy • Correlation Table II (Reverse Correlation) to show gaps in

DPS policy • Policy Recommendation Chart • Every 6-8 weeks, packets of policies sent for DPS review;

within 90 days, BOE will finalize and adopt • Index the Policy Manual • Subscription service for new sample policies after General

Assembly concludes session • Cost of the contract is $24,900 which will be prorated

annually from January 2015 – June 30, 2017. • Note:

– Regulations & Procedures not available at this time however, they are under development at cost of $300 - $400 per policy series

– Additional cost for NCSBA staff to attend BOE meetings

• Completed Customized Manual (CD)

53

Action Steps Needed • BOE adopt the Notice of policy revision to inform

employees, students and parents about upcoming policy project: – During policy transition, there will be new policies

in effect and some old policies in effect – New policy adopted prevails – Until new policy adopted, old policy prevails – Acknowledge that there may be new policy that

refers to a policy has not been adopted • Communicate with constituents • Place NCSBA/BOE Notice on DPS Website

54

Discussion

55

North Carolina School Boards Association Page 1 of 6

OVERVIEW: REVISING A SCHOOL BOARD POLICY MANUAL

DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION

Janine Murphy, Assistant Legal Counsel

North Carolina School Boards Association

December 2, 2014

I. INTRODUCTION

A. THE ROLE OF THE BOARD AS “POLICY MAKER”

1. The board of education's role in a public school system is to establish policy, set goals,

and evaluate the school system's mission.

2. According to the National School Boards Association, school board policies are

statements that set forth the purposes and prescribe, in general terms, the organization

and program of the school system. They create a framework within which the

superintendent and the staff can discharge their duties with positive direction. They tell

what is wanted. They may also indicate “why” and “how much.”

3. It is inaccurate to simply state, “It is the board’s role to make policy and the

administration’s role to implement policy.” The board not only should adopt policies,

but also should exercise the appropriate degree of oversight as the administration

implements the policies. Are the policies, as adopted, being implemented? Are the

policies achieving the desired results? How will the board know?

4. An adequate policy manual should include the following: policies that establish the

goals and priorities of the school system; all policies that are legally required by state

and federal law; policies necessary to give direction to employees responsible for the

operation of the school system; policies that give students, parents and the community

information about school system programs and services; and policies that provide

students and employees with notice of their rights to appeal the decisions of school

employees.

B. THE SCOPE OF THE BOARD’S AUTHORITY

State law provides that “all powers and duties conferred and imposed by law respecting

public schools, which are not expressly conferred and imposed upon some other

official, are conferred and imposed upon the board.” School boards have “general control

and supervision of all matters pertaining to the public schools in their respective

administrative units and they shall enforce the school law in their respective units.” G.S.

115C-36.

56


Further, state law provides that “local boards of education, upon recommendation of the

superintendent, shall have full power to make all just and needful rules and regulations

governing the conduct of teachers, principals, and supervisors, the kind of reports they

shall make, and their duties in the care of school property.” G.S. 115C-47(18).

As with all actions taken by the local board of education, personnel policies adopted by

the board must uphold the United States and North Carolina Constitutions, and comply

with applicable federal law and regulations, North Carolina law, regulations adopted by

the State Board of Education and the Department of Public Instruction, and federal and

state case law that interprets the various statutes and regulations.

II. POLICIES – REQUIRED OR RECOMMENDED – DEFINING THE TERMS

Question 1. What does it mean to say that a policy is “required”?

On the most literal level, a state or federal statute or regulation sometimes mandates that a

local board adopt a policy on a specific topic.

Example 1. G.S. 115C-332(b) specifically states that “each local board of education shall

adopt a policy on whether and under what circumstances an applicant for a school

personnel position shall be checked for a criminal history before the applicant is offered an

unconditional job.”

Note: This statute requires local boards to adopt a policy, but it does not tell the board

“which way” to go on the issue of criminal record checks.

Example 2. Title IX regulations require local boards of education, as recipients of federal

funds, to adopt and disseminate a nondiscrimination policy and put grievance procedures

in place to address complaints of discrimination on the basis of sex in educational

programs and activities. The policy must state that the board does not discriminate on the

basis of sex in the educational programs and activities that it offers. 34 C.F.R. Part 106.

Note: The board must adopt the nondiscrimination language mandated by the statute.

Other aspects of the policy are left to the board to determine, such as how the policy

will be disseminated and how the grievance procedure will be structured.

Question 2. Why do some policies have “required” for some provisions and

“recommended” for others?

Classifying a policy as either “required” or “recommended” is not always possible. Many

times a policy may include a specific provision that is legally required, and other

provisions that are recommended or optional.

Question 3. Assuming a specific policy or a provision within a policy is not literally

“required,” what does it mean to say the policy or provision is “recommended”?

The use of the term “recommended” means that a policy provisions is not required by law,

but NCSBA considers the provision a good practice. Also, at times the General Assembly

57


will decide to “encourage” rather than require boards to take specific action. For example,

in G.S. 115C-47(32a) the General Assembly “urges” local boards to adopt policies that

prohibit the superintendent from assigning to any alternative learning program any

professional employee who has received within the last three years a rating on a formal

evaluation that is less than above standard.

Other reasons a policy might be “recommended”:

to direct school board employees to comply with provisions of the U.S. Constitution,

the N.C. Constitution, and state and federal statutes and regulations;

to ensure that school operations are conducted in compliance with applicable court

decisions;

to direct school employees to take action on an issue or concern, such as (a) a teacher

morale problem, (b) a concern with data privacy; or (c) a problem with student use of

social media for sexting and cyberbullying.

III. POLICY MANUAL CUSTOM PROJECT: COMPARING THE NCSBA MANUAL WITH

THE CURRENT DURHAM PUBLIC SCHOOLS MANUAL

A. ORGANIZATION OF THE TWO MANUALS

NCSBA Manual Current DPS Manual

1000 – Governing Principles DPS Series 1000-Board of Education/Admin.

2000 – Board Operations DPS Series 1000-Board of Education/Admin.

3000 – Educational Program DPS Series 3000-Curriculum and Instruction

4000 – Students DPS Series 4000-Student Services Topics

5000 – Community Relationships DPS Series 2000-School and Community

6000 – Support Services DPS Series 6000-Support Service Topics

7000 – Personnel DPS Series 5000-Personnel Topics

8000 – Fiscal Management DPS Series 7000-Finance and Fiscal

Management Topics

9000 – Facilities DPS Series 6000-Support Service Topics

B. FEATURES OF THE NCSBA MANUAL COMPARED TO THE CURRENT DPS MANUAL

58


Organization of the manual. The NCSBA manual has 9 sections based on a “1000”

coding scheme. The current DPS manual has 7 sections based on a different “1000”

coding scheme.

Within each of the nine NCSBA sections, policies are grouped under subheadings by

related topic. For example, within the 4000s (Students), the 4100 subsection contains

10 policies related to Admission and Attendance, while the 4300s subsection contains

29 policies related to student behavior. (See Table of Contents for the policy manual.)

Size of the manual.

o The NCSBA manual has approximately 300 policies including

approximately 20 policies listed as double or triple codes.

o The DPS manual currently has approximately 276 policies. The current

DPS manual does not use double and triple coding.

As the board works through the custom policy manual process, DPS will have the

following options with each existing and/or newly recommended policy:

o Choose the NCSBA version of a policy as is;

o Incorporate current DPS policy provisions into the NCSBA version of a

policy;

o Choose to retain a current DPS policy “as is” as long as the policy is still

compliant with current legal requirements;

o Choose to rescind specific DPS policies that no longer reflect the current

goals of the board, are no longer needed, or are obsolete; and/or

o Choose “not to adopt” NCSBA policies that are optional.

The NCSBA manual contains all policies required by state and federal law. NCSBA

will assist DPS with determining if certain required policies are missing from the DPS

manual and provide legally compliant sample policies to fill the need.

The NCSBA manual utilizes double and triple codes so that the same policy can be

included in multiple sections when the particular policy applies. (See, for example,

Policy 1310/4002, Parental Involvement.)

NCSBA policies (like current DPS policies) contain legal references and cross

references to related policies. (Some of the current DPS legal references are out of

date.)

Going forward, a policy manual based on the NCSBA's standard policy manual will be

much easier for staff to update using NCSBA's Policy Update service because the

manual will be aligned with the NCSBA coding system. DPS staff will be able use the

NCSBA policy updates as a starting point and make adjustments for local

circumstances as needed. Also, after the custom policy manual is complete, DPS

could choose to contract with NCSBA for its custom policy updating service.

At the end of the custom manual process, DPS will have a reorganized policy manual

and policies that address many of the topics that the DPS manual addresses now. Some

policies will be in different sections and some policies will have different titles.

C. HOW THE PROCESS WORKS

An NCSBA staff attorney and an administrative staff member will be designated to

work with DPS on the custom policy manual project.

1. The attorney will review all existing policies identified by the DPS as current

board policies.

59


2. The attorney will develop two correlation tables: Correlation Table I will list

NCSBA’s policies and indicate which existing DPS policy (or policies)

correlates to the NCSBA version of the policy. Correlation Table II will list all

existing DPS policies and indicate which NCSBA policy correlates to the

existing DPS policy (referred to as the “reverse correlation table”).

3. Using the correlation table and the reverse correlation table, the attorney will

develop and deliver to the DPS a Policy Recommendation Chart for each of the

nine sections in the NCSBA policy manual and a customized draft policy for

each policy in that section of the manual.

o Correlation Table I will include additional explanations of the policies

and other policy options as deemed necessary by the NCSBA.

o Correlation Table I will also note policy provisions in the existing DPS

policy manual that are obsolete or are problematic.

4. The policy manual sections will be delivered to DPS in eleven different zip files

that contain all the policies contained in each NCSBA policy section.

[Generally, one zip file will be provided for each of the nine policy sections.

However, due to the large number of policies in the 4000s (Students) and the

7000s (Personnel) these two policy sections will be divided into two parts and

provided as the 4000A, 4000B, 7000A and 7000B zip files.] One policy section

(or part of a section) will be scheduled to be delivered to DPS every two months.

5. Each zip file will contain a draft customized copy of each policy in the specified

section of the NCSBA policy manual formatted with the DPS footer. The draft

policies will be based on the NCSBA policy and incorporate information from

the existing DPS policy. NCSBA uses “track changes” with strikeout and

underline to indicate how the NCSBA policy has been customized to meet the

needs of DPS. We request that DPS also use “track changes” to indicate

additional revisions made to the policies that are sent to DPS.

6. Once the packet of policies is delivered to DPS, DPS will review and discuss the

proposed policies and revisions. This process generally involves review by the

appropriate members of the senior leadership team, the board policy committee

and ultimately the board. We ask that the school system designate one senior

administrator as the “policy contact” person so that communication is efficient

and organized. At each step in the review process, the NCSBA attorney is

available to discuss questions and make revisions as requested.

7. The order in which the sections are delivered is agreed upon by DPS and

NCSBA. If a specific policy need arises outside of the schedule, the attorney

will work with DPS to provide samples of the needed policy or policies.

8. During the course of the policy manual project NCSBA will endeavor to provide

DPS with new or revised policies as mandated by state or federal law.

9. If DPS would like to retain a policy that is not part of the standard NCSBA

manual, NCSBA will recommend a policy code number for the policy within the

NCSBA policy coding scheme.

10. NCSBA administrative support staff will be responsible for policy tasks related

to creating new/revised draft versions and “clean” copies of each policy during

the custom manual process. Also, NCSBA administrative support staff will keep

track of the process by maintaining files and charts of adopted policies.

11. At the end of the process, NCSBA staff will do a final “clean-up” to assure that

all “old” DPS policies have been either superseded by new policies or flagged to

60


be repealed. The clean-up also includes checking cross references and creating a

final table of contents and final correlation tables.

12. The NCSBA attorney working on the policy manual process will not take the

place of the DPS board attorney with regard to providing legal advice.

D. QUESTIONS THAT DPS SCHOOL OFFICIALS SHOULD CONSIDER DURING THE CUSTOM

POLICY MANUAL PROCESS

Does the policy manual include all policies that are legally required?

Does the policy manual include all policies that are needed?

Is there a regulation for each instance in which board policy specifies that a

regulation should be developed?

Is there a workable balance between what is included in “policy” versus what is

detailed in a “regulation?” (See Section E. below.)

Are “board policies” and actual practices in the school system aligned? If not, what

needs to be changed—the policy or the practice?

Are policies enforced consistently across the school system? In different schools?

Are employees notified and given training, if needed, when a new policy is

adopted?

Do employees receive annual training on policies related to harassment and

bullying, safety, and dealing with emergencies, etc.?

E. POLICIES VERSUS REGULATIONS

The NCSBA custom policy manual contract does not include review and revision of

school system procedures or regulations. However, NCSBA is in the process of

developing a regulations manual to support the NCSBA model policy manual.

Currently NCSBA has issued a set of regulations to support the 3000s section of the

NCSBA policy manual available for purchase ($300). We anticipate issuing a set of

regulations to support the 4000s section of the manual by the end of January 2015

($400). Additional packets of regulations will be issued in the next year or so.

Through policies, the board provides the superintendent and other school

administrators with directions as to how to operate the school system.

Generally, policies should not contain the operational details. Instead, policies are

usually implemented through “procedures” or “regulations.” A regulation should be

used if the purpose of the document is to (a) set forth the mechanics for implementing

a goal; (b) is a list of step-by-step procedures; (c) contains a large amount of detail

about who/when/where or a list of “do’s and don’ts.”

Regulations should not be voted on by the board. Regulations (or Procedures) are

“issued” by the superintendent. This process gives the superintendent and senior

administrative staff the ability to respond to changing circumstances quickly when

problems arise.

The superintendent is directly responsible to the board for creating regulations to

implement policies. The superintendent often delegates some of this responsibility to

senior administrators.

As needed, the board should review regulations developed by the superintendent and

give the superintendent feedback as to improvements or changes that would be useful.

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NCSBA Page 1 of 9

NOTE: Footnotes are for reference only. They should be eliminated from an individual board’s policy.

This sample policy is provided by the N.C. School Boards Association as a subscriber benefit and is not intended to

be legal advice. Policies should be modified to address your specific needs and should be reviewed by your board attorney prior to adoption. © 2014 NCSBA

PARENTAL INVOLVEMENT Policy Code: 1310/4002

The board recognizes the critical role of parents in the education of their children and in the

schools. The board directs school administrators to develop programs that will promote and

support parental involvement in student learning and achievement at school and at home and

encourage successful progress toward graduation.1 Each parent is encouraged to learn about the

educational program, the educational goals and objectives of the school system, and his or her

own child’s progress. The board also encourages parents to participate in activities designed by

school personnel to involve them, such as parent conferences, in order to encourage effective

communication.2

The board directs each principal or designee to develop a parental involvement plan as a part of

the school improvement plan.3 This plan must include, at a minimum, efforts that meet the

requirements established in this policy. In addition, the plan must include ways to enhance

parental involvement in the following areas:4

1. meaningful two-way communication between home and school;

2. promotion of responsible parenting;

3. involvement of parents and guardians in student learning;

4. promotion of volunteering;

5. involvement of parents and guardians in school decisions that affect children and

families;

6. parental training;

7. community collaboration; and

8. promotion of student health awareness.

This policy applies to the parents, legal guardians, and legal custodians of students who are

under 18 years old and are not married.

1 G.S. 115C-47(54) states that local boards of education are encouraged to adopt policies to promote and support

parental involvement in student learning and achievement at school and at home and to encourage successful

progress towards graduation. This policy provision is encouraged, but not required, and may be revised to give

school administrators more specific directives. 2 This policy uses a site-based decision-making approach. A parental involvement plan is an optional component of

the state-required school improvement plan. 3 By statute, the school improvement plan may include a parental involvement plan. This policy mandates the plan

and may be modified. 4 State Board of Education Policy FCB-A-000.

62

NCSBA Page 2 of 9

Policy Code: 1310/4002



A. PARENT COMMUNICATION AND CONFERENCES

The board encourages school personnel to have regular contact with parents for

commendation as well as for notification of concerns.5 Principals or designees shall plan

for periodic communication with parents. Teachers are responsible for scheduling

conferences with parents.

The principal or designee shall provide the parent of an at-risk student with a copy of the

student’s personal education plan in accordance with policy 3405, Students at Risk of

Academic Failure.6 Parents should be included in the implementation and ongoing

review of their child’s personal education plan.

7The principal or designee shall provide the parent of each student in kindergarten, first,

or second grade with written notification of the student’s reading progress. The notice

will be provided three times a year, following each benchmark assessment and will

include: (1) assessment results, (2) whether the child may not reach reading proficiency

by the end of third grade; and (3) instructional support activities for use at home.

The board encourages the superintendent to work with local business leaders, including

the local chambers of commerce, to encourage employers to adopt as part of their stated

personnel policies time for employees who are parents or guardians to attend conferences

with their child’s teachers.

B. PARENTAL NOTIFICATION

Each principal or designee of a Title I school shall effectively notify parents of all

parental rights and other required information regarding Title I schools and programs, in

accordance with federal law.8 Parents of students in Title I schools shall receive a copy

of the system-wide Title I parent involvement policy (policy 1320/3560, Title I Parent

Involvement) and the school-wide parent involvement plan.

In addition, annually every building principal or designee shall effectively notify parents

of the following:

1. parental rights related to student records (see policy 4700, Student Records);9

5 Parental visits on-campus are subject to policy 5022, Registered Sex Offenders, which governs the on-campus

presence of parents who are registered sex offenders. 6 Under G.S. 115C-105.41, the school system is required to provide a personal education plan for students at risk of

academic failure, notify the student’s parent that the student has a personal education plan, and provide a copy of the

plan to the parent. However, the responsibility for fulfilling these requirements may be delegated to someone other

than the principal or designee. A separately issued plan is not required if the student’s report card provides all the

information required in the personal education plan. 7 This notice is required by State Board of Education policy GCS-J-002.

8 Elementary and Secondary Education Act, as amended, 20 U.S.C. 6301 et seq.

9 This notification is required under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, 34 C.F.R. pt.

63

NCSBA Page 3 of 9




2. parental rights related to student surveys (see policy 4720, Surveys of Students);10

3. the approximate dates of any non-emergency, invasive physical examination or

screening that is: (a) required as a condition of attendance, (b) administered and

scheduled in advance by the school administration, and (c) not necessary to

protect the immediate health and safety of students;11

4. the schedule of pesticide use on school property and their right to request

notification of nonscheduled pesticide use (see policy 9205, Pest Management);12

5. student behavior policies, the Code of Student Conduct, and school standards and

rules (see policies in the 4300 series);13

6. the permissible use of seclusion and restraint in the schools (see regulation 4302-

R, Rules for Use of Seclusion and Restraint in Schools);14

7. policy 1720/4015/7225, Discrimination, Harassment, and Bullying Complaint

Procedure;15

8. policy 1740/4010, Student and Parent Grievance Procedure;

9. the dates of the system-wide and state-mandated tests that students will be

required to take during that school year, how the results from the tests will be

used and the consequences thereof, and whether each test is required by the

State Board of Education or by the local board;16

10. grading practices that will be followed at the school and, for parents of high

school students, the method of computing the grade point averages that will be

used for determining class rank (see policies 3400, Evaluation of Student Progress

99. 10

This notification is required under the Protection of Pupil Rights Amendment, 20 U.S.C. 1232h, 34 C.F.R. pt. 98. 11

This notification is required under the Protection of Pupil Rights Amendment, 20 U.S.C. 1232h, 34 C.F.R. pt. 98.

The requirement does not apply to any hearing, vision, or scoliosis screenings, or any physical examination or

screening that is permitted or required by state law, including physical examinations or screenings permitted without

parental notification. 12

G.S. 115C-47(47). Notification of nonscheduled pesticide use on school property must be made, to the extent

possible, at least 72 hours in advance of the pesticide use. Such notification does not apply to the following types of

pesticide products: antimicrobial cleansers, disinfectants, self-contained baits and crack-and-crevice treatments, and

any pesticide products classified by the United States Environmental Protection Agency as belonging to the

U.S.E.P.A. Toxicity Class IV entitled “relatively nontoxic” (i.e., no signal word required on the product’s label). 13

This notification is required under G.S. 115C-390.2. 14

This notification is required under G.S. 115C-391.1(j). 15

This notification is intended to ensure compliance with various federal anti-discrimination laws and with G.S.

115C-407.16. 16

This notification is required by State Board of Education policy GCS-A-001.

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NCSBA Page 4 of 9




and 3450, Class Rankings);

11. available opportunities and the enrollment process for students to take advanced

courses and information explaining the value of taking advanced courses;17

12. a report containing aggregate information, including, but not limited to, student

achievement (disaggregated by category), graduation rates, performance of the

school system, and teacher qualifications;18

13. the grade awarded to the school on the most recent annual report card issued for it

by the State Board of Education if the school received a grade of D or F;19

14. supportive services available to students, including guidance, counseling and

health services (see policy 3610, Counseling Program);

15. information about meningococcal meningitis and influenza, including the causes,

symptoms, and vaccines, how the diseases are spread, and places where parents

and guardians may obtain additional information and vaccinations for their

children;20

16. for parents of students in grades 5 through 12, information about cervical cancer,

cervical dysplasia, and human papillomavirus, including the causes and symptoms

of these diseases, how they are transmitted, how they may be prevented by

vaccination, including the benefits and possible side effects of vaccination, and

places parents and guardians may obtain additional information and vaccinations

for their children;21

17. how to reach school officials in emergency situations during non-school hours;22

18. information about and an application form for free and reduced price meals and/or

free milk (see policy 6225, Free and Reduced Price Meal Services);23

19. information about the school breakfast program;24

17

This information must be provided to parents and students under G.S. 115C-174.26(d). 18

This information is required under Section 6311(h)(1) and (2)of the Elementary and Secondary Education Act. 19

This notification is required under G.S. 115C-47(58). 20

This notification is required under G.S. 115C-375.4. 21

This notification is required under G.S. 115C-47(51). The statute only requires that this information be provided

to parents or guardians of children entering grades 5 through 12. 22

This notification is optional. 23

This notification is required by federal law for school systems that participate in the National School Lunch

Program, the School Breakfast Program, or the Special Milk Program. 24

7 C.F.R. 210.12(d)(1) requires that this notification be distributed to families just prior to or at the beginning

of the school year. In addition, schools are encouraged to send reminders regarding the availability of the school

breakfast program multiple times throughout the school year.

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20. information about the availability and location of free summer food service

program meals for students when school is not in session;25

21. for parents of children with disabilities, procedural safeguards (see also policy

1730/4022/7231, Nondiscrimination on the Basis of Disabilities);26

22. information on the availability of the asbestos management plan and planned or

in-progress inspections, re-inspections, response actions, and post-response

actions, including periodic re-inspection and surveillance activities;27

23. education rights of homeless students (see policy 4125, Homeless Students);28

24. the content and implementation of the local school wellness policy (see policy

6140, Student Wellness);29

25. their right to take four hours of unpaid leave from their jobs every year in order to

volunteer in their child’s school as stated in G.S. 95-28.3 (see policy 5015, School

Volunteers);30

26. that the school system does not discriminate on the basis of race, color, national

origin, sex, disability, or age (see policies 1710/4021/7230, Prohibition Against

Discrimination, Harassment, and Bullying and 1730/4022/7231,

Nondiscrimination on the Basis of Disabilities);31

27. that the school system provides equal access to its facilities, programs and

activities to the Boy Scouts and other designated youth groups (see policy

1710/4021/7230, Prohibition Against Discrimination, Harassment, and

Bullying);32

and

28. the availability of and the process for requesting a waiver or reduction of student

fees (see policy 4600, Student Fees).

25

7 C.F.R. 210.12(d)(2) requires that school food authorities cooperate with summer food service program

sponsors to provide this information. 26

This notification is required under the Individuals with Disabilities Education Act. 20 U.S.C. 1415(d) and G.S.

115C-109.1. 27

This notification is required under the Asbestos Hazard Emergency Response Act, 15 U.S.C. 2641, et seq. 28

This notification is required under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431, et seq. 29

This notification is required under the Healthy, Hunger-Free Kids Act (P.L. 111-296). See 42 U.S.C. 1758b. 30

Providing notice of this right is optional. If the school system does not plan to notify parents of this right, policy

5015, School Volunteers, should be modified accordingly. 31

This notification is required under several federal anti-discrimination laws and regulations, such as Title VI, Title

IX, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act, and the Americans with Disabilities

Act. See the cross-referenced policies for detailed legal references. 32

This notification is required under 34 C.F.R. 108.9, which implements the Boy Scouts of America Equal Access

Act, 20 U.S.C. 7905.

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C. OPPORTUNITIES TO WITHHOLD CONSENT/OPT OUT

As a part of the annual notification described above, parents will be effectively notified

that they may opt out of any of the following:33

1. release of student directory information about their child for school purposes or to

outside organizations (see policy 4700, Student Records);34

2. release of their child’s name, address, and telephone listing to military recruiters

or institutions of higher education (see policy 4700, Student Records);35

3. their child’s participation in curricula related to (a) prevention of sexually

transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS);

(b) avoidance of out-of-wedlock pregnancy; or (c) reproductive health and safety

education, as provided in policy 3540, Comprehensive Health Education

Program.36

A copy of the materials that will be used in these curricula will be

available in the school media center during the school year and at other times that

the media center is available to the public.37

To meet any review periods required

by law, materials also may be made available for review in the central office;

4. their child’s participation in academic or career guidance or personal or social

counseling services of a generic nature offered to groups of students (e.g., peer

relations strategies offered to all sixth graders).38

However, parental notification

and permission are not required for: (a) short-duration academic, career, personal,

or social guidance and counseling and crisis intervention that is needed to

maintain order, discipline, or a productive learning environment; (b) student-

initiated individual or group counseling targeted at a student’s specific concerns

or needs; and (c) counseling if child abuse or neglect is suspected (see policies

3610, Counseling Program, and 4240/7312, Child Abuse – Reports and

Investigations);

5. their child’s participation in non-Department of Education-funded surveys

concerning protected topics (see policy 4720, Surveys of Students);39

33

If the board permits the use of corporal punishment, the following statement should be added in this section:

“the administration of corporal punishment on their child (see policy 4355, Corporal Punishment).” This opt out is

required by G.S. 115C-390.4(b)(6). 34

This notification is required under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, 34 C.F.R. pt.

99. 35

20 U.S.C. 7908. 36

This notification is required by G.S. 115C-81(e1)(7) and 115C-81(e1)(5). Alternatively, permission, rather than

the withholding of consent, may be required. 37

This notification should be consistent with policy 3540, Comprehensive Health Education Program, adopted by

the board. 38

This notification is optional. 39

This notification is required under the Protection of Pupil Rights Amendment, 20 U.S.C. 1232h, 34 C.F.R. pt. 98.

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6. their child’s participation in any non-emergency, invasive physical examination or

screening that is: (a) required as a condition of attendance; (b) administered and

scheduled in advance by the school administration; and (c) not necessary to

protect the immediate health and safety of students;40

7. the collection, disclosure, or use of their child’s personal information for

marketing purposes (see policy 4720, Surveys of Students);41

and

8. release of their child’s free and reduced-price meal information to State Medicaid

or State children’s health insurance program (SCHIP).42

Any parent or legal guardian who wishes to opt out/withhold consent must do so in

writing after receiving notice.43

Otherwise, consent to the programs or activities is

presumed. After the annual notification, the school is not required to provide further

notice to the parent or legal guardian as to the manner in which student directory

information is used, the curriculum is provided, or guidance programs are made

available.

D. PARENTAL PERMISSION REQUIRED

Written parental permission is required prior to the following activities:44

1. the administration of medications to students by employees of the school system

(see policy 6125, Administering Medicines to Students);

2. the release of student records that are not considered directory information, unless

the release is allowed or required by law (see policy 4700, Student Records);

3. off-campus trips;

4. students’ participation in high-impact or high-risk sports or extracurricular

activities, such as football or mountain climbing (see policy 4220, Student

Insurance Program);45

5. all decisions or actions as required by the IDEA with regard to providing special

education or related services to students with disabilities (see policy 3520, Special

Education Programs/Rights of Students with Disabilities);

40



This notification is required under the National School Lunch Program. See 42 U.S.C. 1758, 7 C.F.R. pt. 245. 43

The policy may establish a time frame for withholding consent. 44

Permission is legally required or highly recommended for all activities listed. 45

Alternatively, the board may require parental permission for all sports, rather than defining high-impact or high-

risk sports.

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6. certain health services, as required by law;

7. students’ participation in programs or services that provide information about

where to obtain contraceptives or abortion referral services;46

8. students’ participation in surveys funded by the Department of Education that are

conducted concerning protected topics (see policy 4720, Surveys of Students);

9. disclosure of students’ free and reduced price lunch eligibility information or

eligibility status;47

and

10. disclosure of the identity of any student receiving supplemental education services

under the Title I program.48

Legal References: Elementary and Secondary Education Act, as amended, 20 U.S.C. 6301 et

seq., 34 C.F.R. pt. 200; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, 34 C.F.R.

pt. 99; Protection of Pupil Rights Amendment, 20 U.S.C. 1232h, 34 C.F.R. pt. 98; Individuals

with Disabilities Education Act, 20 U.S.C. 1400, et seq.; Asbestos Hazard Emergency Response

Act, 15 U.S.C. 2641, et seq.; McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431, et

seq.; 42 U.S.C. 1758, 7 C.F.R. pt. 245; 42 U.S.C. 1758b; National School Lunch Program, 42

U.S.C. 1751 et seq., 7 C.F.R. 210.12; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905,

34 C.F.R. 108.9; 20 U.S.C. 7908; G.S. 90-21.1; 95-28.3; 115C-47(47), -47(51), -47(54), -47(58),

-81(e1), -105.41, -109.1, -174.26(d), -307(c), -375.4, -390.2, -391.1, -407.16; State Board of

Education Policies FCB-A-000, GCS-A-001, GCS-J-002

Cross References: Title I Parent Involvement (policy 1320/3560), Prohibition Against

Discrimination, Harassment, and Bullying (policy 1710/4021/7230), Discrimination,

Harassment, and Bullying Complaint Procedure (policy 1720/4015/7225), Nondiscrimination on

the Basis of Disabilities (policy 1730/4022/7231), Student and Parent Grievance Procedure

(policy 1740/4010), Evaluation of Student Progress (policy 3400), Students at Risk of Academic

Failure (policy 3405), Class Rankings (policy 3450), Special Education Programs/Rights of

Students with Disabilities (policy 3520), Comprehensive Health Education Program (policy

3540), Counseling Program (policy 3610), Homeless Students (policy 4125), Student Insurance

Program (policy 4220), Child Abuse – Reports and Investigations (policy 4240/7312), Student

Behavior Policies (4300 series), Student Fees (policy 4600), Student Records (policy 4700),

Surveys of Students (policy 4720), School Volunteers (policy 5015), Registered Sex Offenders

(policy 5022), Administering Medicines to Students (policy 6125), Student Wellness (policy

6140), Free and Reduced Price Meal Services (policy 6225), Pest Management (policy 9205)

46

A policy on parental consent for referral for information about contraceptives and abortion services is required by

G.S. 115C-81(e1)(8). The policy may provide that no parental notice or consent is required or, alternatively, that

consent is presumed unless the parent opts out. 47

Information may be disclosed in some instances, usually only with prior notice and/or consent based on 42 U.S.C.

1758(b)(6)(D)(ii). 48

Section 6316(e)(2)(D), Elementary and Secondary Education Act.

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Issued: June 1997

Revised: July 15, 2005; January 31, 2006; December 20, 2006; October 15, 2007; October 15,

2008; June 30, 2009; December 1, 2009; September 30, 2010; January 27, 2012; September 27,

2012; March 28, 2013; September 13, 2013; September 30, 2014

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1

CUSTOMIZED POLICY MANUAL AGREEMENT

THIS AGREEMENT is made and entered into as of the 12th

day of January 2015 by and

between the North Carolina School Boards Association, Inc. (hereinafter referred to as

"NCSBA") and the Durham Public Schools Board of Education (hereinafter referred to as the

"Board").

WITNESSETH:

WHEREAS, it is the mission of NCSBA to assist local school boards in executing their

responsibilities in the most efficient and effective manner and, in particular, to assist local boards

of education with policy development; and

WHEREAS, NCSBA is engaged in the business of providing professional services to assist

local public school systems to draft, revise and regularly update school board policy manuals;

and

WHEREAS, the Board desires to have NCSBA revise its policy manual.

NOW THEREFORE, in consideration of the foregoing, the mutual undertakings and benefits to

accrue to the parties and to the public, the parties hereto agree as follows:

A. DUTIES OF NCSBA

1. Policy Manual Customization. NCSBA will develop a customized policy

manual (hereinafter, the "Customized Manual") that, through input of the Board and its staff, will

be tailored to reflect the Board's specific goals and practices. The Customized Manual will

incorporate:

a. all legally-mandated or recommended policies;

b. all NCSBA-recommended policies as desired by the Board; and

c. other discretionary policies as desired by the Board.

2. Use of Policies to Lead the Schools. In creating the Customized Manual,

NCSBA will use its Policies to Lead the Schools ("PLS") sample policy manual as the basis for

the Customized Manual. NCSBA will provide the Board with on-line access to the current PLS

manual at no additional cost for up to two years during the development of the custom policy

manual project.

3. Developing the Customized Manual. To develop the Customized Manual,

NCSBA agrees to complete the following tasks:

a. NCSBA will review all policies identified by the Board/staff as current

board policies;

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b. NCSBA will correlate the Board's current policy manual to the PLS

manual;

c. NCSBA will develop customized policies that are based on NCSBA’s PLS

manual and that incorporate information from the Board’s existing policy

manual, as appropriate;

d. NCSBA will make additional policy recommendations to reflect the

current law and/or suggest policy options that may be better suited for the

Board;

e. NCSBA will send the Board written guidelines as to the recommended

process for reviewing and revising the policy manual; and

f. NCSBA will provide an index to the policy manual.

4. Information and Communications Regarding the Customized Policy Manual.

Throughout the customization process, NCSBA will provide telephone support and electronic

mail communication to respond to questions about policy drafts for no additional fee. Attendance

at board meetings, including work sessions and policy committee meetings, will be in addition to

the base services provided for in this contract and will be billed at the hourly rate and travel costs

described in paragraph D.1., below.

5. Drafts or Revisions to Policies. NCSBA agrees to send an electronic copy (zip

files) of each set of draft policies or revisions to policies to the Board. NCSBA will include with

the copy of the policies NCSBA's recommendation as to the draft or revised policies and, when

necessary, other comments about the draft or revised policies.

6. Work Processing Schedule. The Board, as the policy-making body for the

school system, should endeavor to thoughtfully consider each policy that is presented to the

Board for adoption. In general, NCSBA will send for review by the Board no more than one

policy section approximately every eight weeks. Because Section 4000 and Section 7000 each

contain over 60 policies, each will be sent to the Board in a minimum of two separate parts. The

NCSBA staff will work with school system staff to coordinate the time when policy sections will

be sent for initial review and later revisions. Within 90 days after the Board receives the final

section of draft policies for consideration from NCSBA, the Board will provide NCSBA with a

copy of all policies as finally adopted by the Board, along with the adoption date of each policy.

After receiving this information NCSBA will assist the Board with completing the manual by

creating a final correlation table indicating the status of each policy that has been adopted by the

board during the customization process. NCSBA will also check the policies for accuracy of

cross references and create a final index of all the policies. NCSBA will make every effort to

provide updates of each NCSBA policy that is updated during the term of the custom policy

contract. However, after NCSBA has completed the customization of each policy, NCSBA will

only provide NCSBA-initiated updates to that policy after that time. Unless otherwise agreed,

NCSBA’s commitment to provide custom policy services terminates 120 days after the last

section of draft policies are sent to the Board for consideration, or June 30, 2017, whichever is

earlier. After the NCSBA’s commitment to provide custom policy services terminates, NCSBA

may, in its sole discretion, offer to bill the Board by the hour for all additional policy work

performed under the custom policy manual contract. The hourly rate for attorney time shall be

offered at $85.00 an hour and at a rate of $30.00 an hour for administrative staff time.

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7. Regulations or Administrative Procedures. As NCSBA reviews existing

policies, NCSBA may find detailed material that is more appropriately included in school system

regulations or administrative procedures. Review and revision of material for regulations or

administrative procedures are beyond the scope of this contract. However, NCSBA will provide

correlation tables that will specify which material should be included in Board policy and which

material should be moved into regulations or procedures.

8. Copy of Completed Customized Policy Manual. NCSBA agrees to provide the

Board, if the board so desires, with a CD copy of the completed policy manual with all policies

contained therein, provided NCSBA receives notice within 120 days after the last section of draft

policies are sent to the board for consideration, of Board action on all policies sent to the Board

under this contract.

B. DUTIES OF THE BOARD

1. Copies of Current Policy Manual. The Board agrees to provide NCSBA with a

copy of all of the Board’s current policies.

2. Assistance with Revision of Manual. The Board/staff agrees to assist with the

revision of the policy manual and to provide input as requested by NCSBA. As part of its

assistance, the Board shall provide NCSBA with regular reports of its progress on policy

revisions and shall give NCSBA timely notice of suggested changes to policies drafted by

NCSBA. The Board shall designate one senior member of the leadership team and one support

staff member to serve as the contact persons with NCSBA regarding policy revisions as

requested. As requested, the Board shall make available, as necessary, other staff to serve as a

resource to NCSBA during the revision process.

3. Time Frames. The Board shall notify NCSBA each month as to the status of the

policy revision process and of the anticipated time when the Board or policy committee would

like to begin initial review of the next policy section. In general, the Board or policy committee

should complete the initial review of one policy section and schedule that section for a first

reading by the Board before expecting to receive the next policy section. The Board agrees to

use its best efforts to review, vote upon and return each draft policy section to NCSBA within 90

days from the time that NCSBA sends the section to the Board.

4. Duplication of Effort. In order to make the customization process as efficient as

possible, the Board/staff agrees that during the time that NCSBA is creating the Customized

Policy Manual for the Board, the Board and school administrators will not undertake to create

new policies or to revise existing policies without first contacting NCSBA staff to make sure that

the process is completed without duplication of effort by school staff and NCSBA attorneys.

5. Fees. The Board agrees to pay to NCSBA a fee of $24,900 for revising the

Board's policy manual. Access to PLS Updates during the term of this contract is included in the

cost of the custom policy contract. The cost of revising the Board’s policy manual will be billed

in three equal payments with one third due at the time the project begins, one third on or before

July 15, 2015, and the final third due on or before July 15, 2016.

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C. TIME FRAME OF POLICY REVISION

NCSBA and the Board agree that NCSBA will begin the revision process no earlier than

January 12, 2015. The first section of draft policies will be sent to the Board no later than March

2, 2015. The parties understand that a thorough review and revision of Board policies generally

takes between 18 months and two years from the date the review actually begins. The time

frame is dependent upon a reasonable turnaround time on changes made by the Board/staff on

draft policies. In addition, additional time may be needed to ensure that any new laws, cases,

policies or the like that are changed during the revision process are reflected in the completed

version of the Customized Policy Manual. The parties agree that NCSBA may modify the

review schedule as needed, with notice to the Board or its designee.

D. ADDITIONAL SERVICES AND COSTS

1. Visits to the system to discuss policy drafts or to provide training for the board

will be at a cost of $85.00 per hour for attorney travel and meeting time. The school system also

will be billed at the current IRS mileage rate for the cost of travel.

2. Review of administrative procedures or other supplemental materials and the cost

for such review shall be pursuant to a separate agreement between NCSBA and the Board.

3. Paper copies of the policy manual will not be provided by NCSBA. However,

NCSBA will provide the Board with all policies in an electronic format that would enable the

board to print a notebook copy of the manual upon the board’s request.

E. TERM

The dates and terms of this agreement will be for the period beginning with the signing of

this document until completion of the Customized Policy Manual, which shall be defined as (1)

120 days after the final draft section of policies is delivered by NCSBA to the Board, (2) June

30, 2017, or (3) termination by either party, whichever is earliest.

F. TERMINATION

1. For-Cause Termination by the Board. NCSBA agrees that the Board has the

right to terminate this Agreement immediately in cases of fraud or dishonesty by NCSBA. In

cases of a material breach, the Board shall give written notice to NCSBA of the breach and

NCSBA shall have a minimum of thirty (30) days to correct the deficiency. If, after the cure

period, the breach is not cured, the Board may give written notice of termination, said notice to

be effective immediately or as otherwise indicated by the Board.

2. For-Cause Termination by NCSBA. The Board agrees that NCSBA has the

right to terminate this Agreement immediately in cases of fraud or dishonesty by the Board. In

cases of material breach, NCSBA shall give written notice to the Board of the breach and the

Board shall have a minimum of thirty (30) days to correct the deficiency. If, after the cure

period, the breach is not cured, NCSBA may give written notice of termination, said notice to be

effective immediately or as otherwise indicated by NCSBA.

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3. Effect of Termination. Termination of this agreement shall not cancel the

Board's responsibility for payment of any applicable fees for services rendered prior to

termination or for any other products or services of any kind provided by NCSBA, subsidiaries

or affiliated companies. Upon termination, NCSBA agrees to provide to the Board an electronic

version of the draft or revised policies completed as of the date of termination. Upon

termination, the Board agrees to provide to NCSBA payment for services rendered as of the date

of termination, as calculated on a prorated basis, plus the cost of any additional services provided

pursuant to paragraph D. The prorated payment will be calculated based on the percentage of

PLS policies that have been provided to the Board in draft form as of the date of termination. In

the event of a termination under paragraph F.2, the Board further agrees that the Board forgoes

the right to online access to Policies to Lead the Schools.

G. COMPLIANCE WITH APPLICABLE LAWS AND REQUIREMENTS

Each party hereto shall comply with all federal, state and local laws applicable to the

conduct of their businesses.

H. ENTIRE AGREEMENT/MODIFICATIONS

This Agreement constitutes the entire understanding between the parties concerning the

subject matter hereof. It supersedes any prior understanding or agreement between them

respecting the subject matter. There are no representations, arrangements, understandings or

agreements, oral or written, relating to the subject matter of this agreement, except those fully

expressed herein. No changes, amendments, alterations, modifications, additions or

qualifications to the terms of this agreement shall be made or be binding unless made in writing

and signed by each of the parties.

I. GOVERNING LAWS

The parties agree that the place of the contract, its situs and forum, will be Wake County,

North Carolina, and all matters, whether resounding in contract or tort relating to the validity,

construction, interpretation and enforcement of this contract, will be determined in said county

and state. This agreement shall be governed by the laws of the State of North Carolina (without

giving effect to any choice of law principles thereof which may direct the application of the laws

of another jurisdiction).

J. BINDING EFFECT

All provisions of this agreement shall be binding upon and inure to the benefit of, and be

enforceable by and against the parties and their respective successors and assigns.

IN WITNESS WHEREOF, each party has caused this Agreement to be signed and

executed by a duly authorized person on the day and year first above written.

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North Carolina School Boards Association, Inc.

By: _____________________________________________

Dr. Ed Dunlap, Executive Director


By: _____________________________________________

Ms. Heidi Carter, Board Chairperson

Attest: _____________________________________________ (Corporate Seal)

Dr. Bert L’Homme, Superintendent

This instrument has been preaudited in the manner required by the School Budget and Fiscal

Control Act.

_____________________________ __________________

Finance Officer Date

76

CUMBERLAND COUNTY SCHOOLS POLICY MANUAL

DRAFT 2000 SERIES POLICIES

Draft Policy # Draft Policy Title Current

Policy #

Notes for Consideration

2010 Board and Superintendent

Relations

BBBA, BBD,

BDA, CF

We modified our base policy to include information from

your current policies. This policy may be further modified by

the board.

2110 Board Member Elections ABC, ABCB We have incorporated information from your current

policies and included a reference to your local legislation.

Your current policy ABCB requires board members to

meet criteria of intelligence, character and business

experience. We did not include those criteria in your new

policy because we are not aware of any legal authority that

would allow the board to establish criteria for holding

office that is not already specified in the general statutes,

session laws or the constitution. The criteria in your

current policy may possibly appear in your plan of merger,

which we do not have access to. Please check your plan to

determine if the criteria should be put back in the policy.

We replaced the text of the oath of office in your current

policy with the text that appears in the NC Constitution, as

required by G.S. 115C-37.

2120 Code of Ethics for School

Board Members

BH; BBBA This Code of Ethics is based on state law requirements and

other considerations. Your current code in policy BH does

not meet the requirements of state law, but additional

provisions from your current code could be added to this

draft policy. Please let us know if you would like us to do

this.

Requiring board members to sign a code of ethics

statement is optional. Alternatively, the policy could

require all board members to annually sign a statement.

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NOTICE

January 12, 2015

Effective January 12, 2015, the Durham Public Schools Board of Education will begin the

process of revising the Durham Public Schools Board of Education Policy Manual using the

Policies to Lead the Schools (PLS) system published by the North Carolina School Boards

Association. It is anticipated that this revision process will conclude no later than June 30, 2017.

Some of the policies in the PLS manual cross-reference policies located in other sections of the

PLS manual. At times a policy may reference a policy that has not yet been adopted by the

Durham Public Schools Board of Education. Such references shall have no binding effect on the

Board until the Board actually adopts the referenced policy. Existing Durham Public Schools

Board of Education policies remain in effect until such time as each policy is superseded by the

new PLS-based policy on the same topic or is repealed by the Durham Public Schools Board of

Education.

In order to help school personnel and community members locate specific school board policies

while the board is in the process of adopting policies based on the PLS system, the North

Carolina School Boards Association will provide Durham Public Schools with a preliminary

correlation table for the entire PLS manual so that all interested parties may identify which

policies in the current Durham Public Schools policy manual correspond with the policies that

are being cross-referenced in newly adopted Durham Public Schools policies.

78



PRECIS

Agenda Item: Revised Policy 3300 - Student Access to High School Courses – First Reading Staff Liaison Present: Debbie Pitman, Ph.D. Phone #: 560-2554 Donna Hudson 560-2059

Main Points: • An unintended conflict exists between Policy 4132 Student Transfers and Policy 3300 Student Access

to High School Courses due to series of revisions to Policy 4132 in recent years.

• Policy 4132 Student Transfers allows for students who wish to transfer from their assigned school into another school to request a transfer according to specific factors including hardship or child care. However, Policy 3300 Student Access to High School Courses references being consistent with Student Transfer policy but includes a provision that permits students to request a transfer to a high school in order to take a course not offered at their base high school. This provision conflicts with factors allowed for transfer under Policy 4132.

• Administration is recommending that Policy 3300 Student Access to High School Courses eliminate

the option for students to transfer in order to take a course not offered at the base high school. This will align Policy 3300 Student Access to High School Courses to Policy 4132 Student Transfers.

• Administration presents this policy revision for discussion and subsequent Board approval.


• None

Purpose


Reviewed by: Finance Attorney NR

79

Revised Policy 3300 Student Access to High School Courses

Board of Education January 22, 2015

Debbie Pitman, PhD Assistant Superintendent

Donna Hudson Director, Student Assignment

80

Policy 4132 - Student Transfer

4132.3 Hardship Transfer The Superintendent or designee may grant transfer requests in cases of substantial hardship if the Superintendent or designee finds that any of the following exist:

A. Serious physical, mental or emotional problems. The student must submit an affidavit from the student's physical, psychologist, or psychiatrist to support a request made under this ground.

B. Concerns for the safety of the student or others in the school.

C. A student has achieved junior or senior status at a high school and desires to remain in that school through graduation despite a change in residence.

D. Other extreme or unusual circumstances that affect the student's academic achievement and/or behavior at school.

4132.4 Child Care Transfer The Superintendent or designee may grant transfer requests based on child care needs.

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Policy 3300 Student Access to High School Courses

• The Board of Education offers a variety of high school courses as listed and described in the annual publication High School Programs of Studies. Except as noted in the publication, all of the courses are presented for registration at all high schools in the Durham Public Schools.

• Based on registration data, the principal shall decide whether the course can actually be offered at a particular high school. The principal shall consider State law and regulations, requirements of facility and equipment, availability of teachers, and the number of students requesting the course.

• Consistent with the Board's Student Transfer Policy, students may request transfer to another school in order to take courses not offered at their assigned school, provided there is space in the receiving school. The school system is not required to provide transportation if a transfer is approved.

Adopted Effective: January 27, 1993 Revised Effective: July 1, 1999

DPS Recommendation: Eliminate bullet 3 “Consistent with the Board’s Student Transfer Policy, students may request transfer to another school in order to take courses not offered at their assigned school…”

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Discussion

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Current Policy with Proposed Revisions

Policy 3300 STUDENT ACCESS TO HIGH SCHOOL COURSES

The Board of Education offers a variety of high school courses as listed and described in the

annual publication High School Programs of Studies. Except as noted in the publication, all of

the courses are presented for registration at all high schools in the Durham Public Schools.

Based on registration data, the principal shall decide whether the course can actually be offered

at a particular high school. The principal shall consider State law and regulations, requirements

of facility and equipment, availability of teachers, and the number of students requesting the

course.

Consistent with the Board's Student Transfer Policy, students may request transfer to another

school in order to take courses not offered at their assigned school, provided there is space in the

receiving school. The school system is not required to provide transportation if a transfer is

approved.

Adopted Effective: January 27, 1993

Revised Effective: July 1, 1999

Revised Effective: ____________________________

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Revised Policy

Policy 3300 STUDENT ACCESS TO HIGH SCHOOL COURSES

The Board of Education offers a variety of high school courses as listed and described in the

annual publication High School Programs of Studies. Except as noted in the publication, all of

the courses are presented for registration at all high schools in the Durham Public Schools.

Based on registration data, the principal shall decide whether the course can actually be offered

at a particular high school. The principal shall consider State law and regulations, requirements

of facility and equipment, availability of teachers, and the number of students requesting the

course.

Adopted Effective: January 27, 1993

Revised Effective: July 1, 1999

Revised Effective: _____________________________

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PRECIS

Agenda Item: Additional Capital Funding for the Whitted Project

Staff Liaison Present: Hugh Osteen Phone # 919-560-3831 Jon Long 919-560-2216

Main Points:

• As previously noted, Durham Public Schools is providing an additional $800,000 in capital funds to support The Whitted Redevelopment Project.

• Administration recommends transferring the funds from 2007 Bonds now assigned to W. G. Pearson Middle School.

• Approval of this transfer and for the Whitted Project to move forward is contingent upon the County’s approval of funding the operating costs for the Pre-K program at Whitted.

Administration submits this transfer for approval. Fiscal Implications: The Pearson Facility will continue to have ample bond funds for upgrades and improvements.

Purpose



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January, 2015

Additional Funding for Whitted

• Due to increases in the cost of the redevelopment of the Whitted Building, Durham Public Schools, along with the City and County, is being asked to contribute additional capital.

• The amount of the additional capital is $800,000.

• The recommended source is the 2007 Bond allocation for W. G. Pearson

Middle Facility. The current total for W. G. Pearson Middle is $1.8 million. A transfer of $800,000 from W. G. Pearson Middle to the Whitted Project is recommended.

• County approval is also required.

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PRECIS

Agenda Item: Made in Durham Staff Liaison Present: Bert L’Homme, Ph.D. Phone #: 560-3749

● Superintendent Dr. L’Homme will provide information on Made in Durham.


•

Purpose


Reviewed by: Finance _____ Attorney

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