BOARD OF EDUCATION OF FREDERICK COUNTY
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REGULAR
MINUTES
May 14, 2003
PLANNING SESSION
The Board of Education of Frederick County met in the Administrative Conference Room at 1:35 p.m. In attendance were President Ronald W. Peppe, II, Vice President Jean A. Smith, Daryl A. Boffman, Bonnie M. Borsa, Donna J. Crook, Michael E. Schaden. Linda S. Naylor entered the meeting at 1:48 p.m. Also in attendance were Jack D. Dale, Superintendent/ Secretary-Treasurer; Judith A. Ricketts, Administrative Director; and Jamie Cannon, Executive Director of Legal Services. Harold Keller, Jr., Executive Director of Fiscal Services, entered the meeting at 1:55 p.m., and Anil K. Nathan, Student Representative to the Board, entered the meeting at 2:55 p.m.
Mr. Peppe noted the process to be used for review of Board of Education policy. The Board reviewed revisions drafted by Mr. Peppe and recommended changes. The revised policies will be brought back to the Board for action. Policies 100.1 through 101.2 regarding reimbursement were briefly discussed.
Ms. Cannon noted that some policy changes are required by the No Child Left Behind Act of 2001.
Ms. Cannon attested that the revised policy on religious expression is legal.
Dr. Schaden moved adoption of revised policy 328. The motion was seconded by
Mrs. Smith and unanimously approved as follows:
Section 328 RELIGIOUS EXPRESSION
The Supreme Court has repeatedly held that the First Amendment of the U.S. Constitution requires public school officials to be neutral in their treatment of religion. A school system can neither show favoritism toward nor hostility against religious activity and protects religious activity that is initiated by private individuals. Accordingly, it is the board's position that schools be guided by applicable judicial decisions interpreting the religious clauses of the First Amendment.
328.1
Religious
Expression In Schools
A. Student Prayer and Religious Discussion
1.
Students
have the same right to engage in individual or group prayer and religious
discussion during the school day as they do to engage in other comparable
activity. Students may read their
Bibles or other scriptures, say grace before meals, and pray before tests to
the same extent they may engage in comparable, nondisruptive activities.
2.
Students
may express their beliefs about religion in homework, artwork, and other
written and oral assignments.
3.
The
principal may exercise discretion to impose rules of order and other
pedagogical restrictions on student activities and may intercede to stop
student speech that constitutes harassment aimed at a student or a group of
students.
4.
Students
may elect to participate in before or after school events such as "See You
at the Flagpole" gatherings on the same terms that they may participate in
other noncurricular activities on school premises. School system employees may neither encourage or discourage
participation in such events and school officials may only be present to monitor
for supervision but may not participate.
5.
Teachers
and administrators should ensure that no student is in anyway coerced to
participate in a religious activity.
B. Graduation
Prayer and Baccalaureates
Under current
Supreme Court decisions, school officials may not mandate or organize prayer at
graduation ceremonies nor organize religious baccalaureate services. If a school generally opens its facilities
to private groups, it must make its facilities available on the same terms to
organizers of privately sponsored religious baccalaureate services.
1.
Teachers
may not provide religious instruction but they may teach about religion in the
context of the history of religion, comparative religion, scripture as
literature, and the role of religion in the history of the United States and
other countries. Similarly it is
permissible to consider religious influences on art, music, literature, and
social studies.
2.
Teachers
may teach about religious holidays including their religious aspects and
schools may celebrate the secular aspects of holidays.
E.
Teaching
Values
Though schools must be
neutral with respect to religion, they play an active role with respect to
teaching the Character Counts program that holds us together as a
community. The fact that some of these
values are also held by religions does not make it unlawful to teach them in
school.
F.
Student
Clubs
At the secondary level, a
student or a group of students may conduct or organize a religious club as
allowed under the Equal Access Act (20 u.s.c. §§4071-74) and according to procedures
outlined in regulation 400-58.
Dr. Schaden moved approval of policy 338. The motion was seconded by Mrs. Smith and unanimously approved as follows:
Section 338 ACTS
OF DISCRIMINATION
The board is committed to
providing all students and staff with a safe and supportive environment. Members of the school community are expected
to treat each other with mutual respect and to accept the rich diversity that
makes up the community. Disrespect
among members of the school community is unacceptable behavior that threatens
to disrupt the learning environment and decrease self-esteem.
The board prohibits
discrimination based on race, religion, color, national origin, age,
disability, or gender and is committed to maintaining an environment that is
free from such conduct. This policy
applies to conduct on and off school premises including sporting events and
other extra-curricular activities under the auspices of the Board of Education
of Frederick County.
It shall be a violation of
board policy for any student, teacher, administrator, or other school personnel
of Frederick County Public Schools to discriminate against a student, teacher,
administrator, or other school personnel.
For the purpose of this
policy, the term “school personnel” includes school board members, school
employees, agents, volunteers, contractors, or persons subject to the
supervision and control of the Board of Education of Frederick County and
Frederick County Public Schools.
The school system will act to
promptly investigate all complaints, either formal or informal, verbal or
written, and promptly take appropriate action to protect individuals from
further discrimination. If it is determined that unlawful discrimination
occurred, prompt and appropriate action will result.
The following persons have
been designated to respond to inquiries regarding nondiscrimination policies
and procedures for reporting:
·
Executive
Director of Legal Services/Title IX Coordinator
Frederick County Public Schools
Board of Education Administrative
Building
115 East Church Street, Frederick,
Maryland 21701
301-696-6851
OR
·
Executive
Director of Human Resources
Frederick
County Public Schools
7630
Hayward Road, Frederick, Maryland 21702
301-644-5097
Dr. Borsa moved to delete duplicate policies 253 and 254 and adoption of revised policy 211; policy 237 remains as previously adopted. The motion was seconded by Mr. Boffman and unanimously approved. The policy as revised follows:
Section 211 DISCRIMINATION UNLAWFUL
The board and the
superintendent and his assistants may not unlawfully make any distinction or
discrimination in favor of or against any employee on account of race, religion,
color, national origin, age, disability, or gender except where the employment
of a certain gender may be reasonably necessary as a bona fide occupational
qualification. This section shall apply to appointments, assignments,
compensation, promotions, transfers, dismissals, and all other matters
pertaining to employment.
Harold Keller, Executive Director of Fiscal Services, and Cheri Dattoli, Food Service Officer, joined the Board.
Mr. Keller noted that much of the deficit in the Food Service account is the result of a change in accounting procedures requiring total depreciation costs to be reflected. Current food service prices were established to cover the cost of net depreciation. Mr. Keller responded to Board members’ questions.
Dr. Schaden moved to accept the proposed FY 2004 prices as follows:
Elementary Breakfast – increase from $0.95 to $1.00
Secondary Breakfast – increase from $1.15 to $1.25
Elementary Lunch – increase from $1.50 to $1.75
Secondary Lunch – increase from $1.75 to $2.00
The motion was seconded by Dr. Borsa and carried with four favorable votes from
Dr. Schaden, Dr. Borsa, Mrs. Smith, and the Chair. Mr. Boffman, Mrs. Naylor, and Mrs. Crook opposed the motion.
Board members suggested topics for the Board of Education/Board of County Commissioners Joint Meeting agenda.
Dr. Schaden commented on an email from a parent who felt their child’s needs could not be met in a regular program at Spring Ridge Elementary School if the Gifted and Talented program were not funded. Dr. Dale noted that there were enrichment programs in the schools.
Dr. Schaden discussed a community member’s concern regarding not bringing dogs onto school property and current procedures. Dr. Dale was directed to draft policy to not exclude animals on school property.
Mr. Boffman announced that he and Dr. Dan Cunningham, Associate Superintendent, will be meeting with the president of the Washington Chiefs on May 16, 2003, in an effort to bring football games to Frederick County on the first two Saturdays in August. He suggested visiting the Web site www.washingtonchiefs.org to find out information about the organization.
Mr. Boffman commented on a letter received from a parent of a fourth grade student who was not working at grade level. It was noted that if a student is reduced in grade level that appropriate notification must be given to parents. Discussion on grouping will be held during a future presentation on leveling.
It was noted that the Maryland Association of Counties, the Maryland Association of Boards of Education, and the Maryland State Department of Education would be holding a meeting to discuss the Master Plan on May 29, 2003. It was suggested that an invitation be extended to the County Commissioners at the next joint meeting.
Mrs. Smith announced that she attended a meeting on the feasibility study for Linganore High School. The meeting presented some interesting proposals with very little difference between the least and most expensive. She noted that the community wants what is educationally best for the students.
Dr. Schaden stated that he did not see on the list of planning topics the issue of SARS which was brought up during the Board retreat. He stated that the Board should be thinking about emergency contingencies should the school system have to close for a month or more.
The meeting was adjourned at 5:50 p.m.
CLOSED SESSION
ACTION
The Board of Education of Frederick County met in the Administrative Conference Room at 3:45 p.m. In attendance were President Ronald W. Peppe, II, Vice President Jean A. Smith, Daryl A. Boffman, Bonnie M. Borsa, Donna J. Crook, Linda S. Naylor, and Michael E. Schaden. Also in attendance were Jack D. Dale, Superintendent/Secretary-Treasurer, and
Judith A. Ricketts, Administrative Director. In attendance through the discussion on negotiations were Jamie Cannon, Executive Director of Legal Services; Harold Keller, Executive Director of Fiscal Services; and Michele Krantz, Associate Superintendent.
In accordance with Maryland's Open Meetings Act, Sections 10-508(a)(1)(i), (a)(1)(ii), and (a)(9), Mrs. Smith moved to go into Closed Session to discuss matters relating to negotiations and personnel. The motion was seconded by Mrs. Crook and unanimously approved.
The Closed Session Minutes of April 23, 2003, were approved with one abstention from Mr. Peppe.
No formal action was taken.
No formal action will be taken.
The meeting was adjourned at 5:10 p.m.
The Board of Education of Frederick County met in the Board Room at 6:00 p.m. All Board of Education members were in attendance. Also in attendance were Jack D. Dale,
Judith A. Ricketts, Anil K. Nathan, and Michael L. Cady, County Commissioner Liaison to the Board of Education.
Mr. Peppe opened the meeting, and the Pledge of Allegiance was recited.
Mr. Peppe announced the time and place of the closed session, cited the section of the law for closing the meeting, and noted the topics discussed.
Ms. Dietz, President of the Frederick County Teachers Association, spoke of the tremendous support received from the association members at last Tuesday’s Board of County Commissioners’ budget hearing on the Board of Education’s budget and stated that they are committed to a long struggle to provide adequate funds to education.
Ms. Dietz stated that the Board of Education is responsible for reaching its goals; the system has lost ground in state ranking of salaries. She asked that the Board keep people a priority and provide a budget that demonstrates that priority.
Mr. Ames spoke in support of the CASS program and its assistance to him as a single parent and his son with medical conditions.
Mr. Foster, member of the advisory board of the Linganore CASS program, spoke of the impact CASS has on education by keeping students in school and providing opportunities for them. He stated that CASS helps families remain strong.
Ms. Smith, Principal of Oakdale Middle School, stated that she and others formed the first CASS group, and it has been wonderful to see a dream become a reality. The entire community is appreciative of CASS. CASS works closely with guidance and school support in helping families in the long and short-term. She asked that the Board help to keep this reality.
Ms. McGrady noted that she was introduced to CASS in 1997 as a single parent going through a divorce. The program was instrumental in providing resources for her and her two special needs children.
Ms. Workman spoke of how CASS has helped her since she moved to Middletown in 1998.
Mayor Jones, City of Brunswick, stated that the City of Brunswick is very fortunate to have CASS. It satisfies a previously unmet need at a local level. He stated that the City of Brunswick has not considered reducing its funding for CASS.
Ms. Coakly spoke of the support received by CASS with her five special needs children, noting that she would never have known about the services available without this program. Due to CASS, she noted that her family will become the owners of the first Frederick County Habitat for Humanity home.
Ms. Holste stated that she became aware of CASS because of a devastating illness in her family and spoke of how they have been an essential support system to them. She urged the Board to provide the budget allocation to allow staff to continue.
Dr. Ginsburg, School Psychologist, noted the many factors that impact learning and spoke of the support provided by CASS. He stated that CASS works with the neediest students in our system and those that are most at-risk.
Mr. Markoe noted that CASS was designed many years ago to deliver services for at-risk students; the goal was to leave no child behind. He spoke of the many needs of students, the coordination of services through the program, and said if the program is cut, many families will be left behind.
Comments by Paul Testerman, Jr.
Mr. Peppe noted that the Board will be addressing the issue of the contract bus driver reimbursement rate at the next Facilities and Finance Committee Meeting. Mrs. Smith noted that Mr. Testerman would be able to speak at that meeting.
Mr. Paul Testerman spoke regarding the reimbursement formula for contract bus drivers and stated that it has never been their intent to take money from education. He discussed what he perceived to be miscalculations in the formula.
Commissioner Cady commented that he met Ms. Clabaugh during a recent visit to Thurmont Primary and that she is here at his request.
Ms. Lisa Claybaugh stated that her sixth grade daughter is reading on second grade level. She is now receiving tutoring and attending summer school over the next two years and feels that if the budget is cut, her daughter will fall further behind.
Mr. Robbins stated that CASS is a unique program. He spoke of its collaboration with other agencies and requested that CASS remain part of the budget.
Ms. Miller stated that CASS has been a tremendous help to her family and her special needs son. She stated that her son has been on the honor roll which could be attributed to CASS.
Miss Beach, student, spoke of the assistance CASS has provided her over the past four years. She asked that the program not be pulled from the budget.
Commissioner Cady thanked Ms. Claybaugh for attending the meeting and speaking. He stated that the Board of County Commissioners fully funded the CASS request, and he urged the members of the Board of Education to do likewise. He spoke regarding the Board of County Commissioners’ budget process. He stated that he was grateful to everyone who came to the public hearing and stated that he personally received and responded to 1,600 emails from people concerning education. He stated that the Commissioners are trying to respond to the thoughts, wishes, and suggestions of the community.
Commissioner Cady spoke regarding the capital gains tax and 25 percent allocation for Board of Education issues. He stated that it is his personal goal to try to provide for a pay raise to teachers. He proposed a renewed partnership between the Board of Education and Board of County Commissioners.
Mr. Peppe stated that the Board of Education has offered to spend a day with the Commissioners to define responsibilities. He thanked Commissioner Cady for the work he has been doing.
APPROVAL OF MINUTES
The minutes of April 23, 2003, were approved with one abstention from
Mr. Peppe.
Mr. Peppe reviewed the items covered during today’s planning session.
Cheri Dattoli, Food Service Officer, acknowledged the contributions of School Food and Nutrition Service personnel, and recognized Jo Ann Morris, Ballenger Creek Food Service Complex Manager. Students from Orchard Grove Elementary School presented a skit on purchasing school lunches.
Ms. Mary Kueberth, 5th Grade Teacher at Orchard Grove Elementary School, presented the following resolution:
WHEREAS, The school dining room and the service provided by its personnel to students, faculty and other staff are an integral part of the operation of Maryland Public Schools; and
WHEREAS, The over 2.5 million healthful meals that are served to Frederick County Public School system children under the National School Lunch and School Breakfast Programs each day, are only partial testimony of the valuable contribution made by school food and nutrition service personnel; and
WHEREAS, School food and nutrition personnel deserve to be recognized for their dedication and continuing commitment to feeding and educating students and offering a variety of nutrition services to the county; now, therefore, be it
RESOLVED, That we, the members of the Board of Education of Frederick County, do hereby proclaim Wednesday, May 14, 2003, as “Salute to School Food and Nutrition Service Personnel Day” throughout the Frederick County Public School system and commend this observance to all our citizens.
The Board unanimously adopted the proclamation.
June Streckfus, Executive Director of the Maryland Business Roundtable, thanked the school system for partnering with the Maryland Business Roudtable in the Achievement Counts program. She presented a certificate to Dr. Dale in recognition of the Board of Education’s outstanding support for the Achievement Counts program.
Dr. Dale spoke about research done by the Maryland Business Roundtable which determined that business people under the age of 35 were the most effective speakers to reinforce the importance of academic achievement to the students.
The Board unanimously approved the Consent Agenda. Mr. Peppe noted the appointment and reappointment to the ethics panel.
Staffing Changes
Facilities and Finance Committee
Bids
Unit Price Contract for Playground Site/Safety Improvements – Renewal
Liquid Floor Care Products – Renewal
Inspection and Testing of Fire Extinguishers – Renewal
Natural Gas – Renewal
Audio Visual Equipment – Renewal
Miscellaneous Cleaning and Maintenance Supplies
Domestic Hot Water Heater – Frederick High School
Replacement of Chiller and Cooling Tower – Walkersville High School
Greenhouse for Tuscarora High School
PE & Weight Room Equipment for Tuscarora High School
Consultant Services to Perform a Compensation/Classification Study
Current Expense Amendments 05-03 and 06-03
Centerville (Urbana) Elementary School Meter Vault
Appointment of Members to the Ethics Panel
STAFFING CHANGES
Retirements
Buffington, Jacqueline; Catoctin
High – effective July 1, 2003
Cardwell, Willa; Urbana Elementary –
effective May 1, 2003
Crusse, Earl; Frederick High –
effective July 1, 2003
Eaves, Paul; Walkersville Middle –
effective July 1, 2003
Harper, Mary; Career Tech Center –
effective July 1, 2003
Malchenson, Melicent; Waverley
Elementary – effective July 1, 2003
Smith, Jeanne; South Frederick
Elementary – effective May 1, 2003
Valdez, Elizabeth; Windsor Knolls
Middle – effective July 1, 2003
Wills, Rhonda; Carroll Manor
Elementary – effective July 1, 2003
Resignation from Leave –
Effective July 1, 2003
Doyle, Mickelly Gadra,
Lisa
Estep, Cynthia Kennedy,
Karen
Ewine, Christa Pistner,
Kristine
Dye, Timothy – effective May 21, 2003
Resignation – Effective July 1, 2003
Barkman, Rebecca; New Market Elementary
Colvard, Kimberly, Gov. T.J. High
Cook, Joshua; Carroll Manor Elementary
Larson, Kristine; North Frederick Elementary
Matteau, Joshua; Frederick High
Bennett, Richard; Middletown High – effective July 1, 2003
Chappell, Julia; Lewistown Elementary – effective May 6, 2003
Holman, Marilyn; Ballenger Creek Elementary – effective July 1, 2003
Hurst, Kellie; Walkersville High – effective May 2, 2003
Kuhn, Cynthia; Brunswick Middle – effective May 2, 2003
Miller, Christiane; North Frederick Elementary – effective July 1, 2003
Przybocki, Ellen; Brunswick Elementary – effective July 1, 2003
Baranowski, Carrie Meeder-Halloran, Hawley
Cicmanec, Barbara Sica, Penny
Dahlen, Peggy Wilhelm, Sarah
Barkdoll, Amy Hughes, Kimberly
Berresford, Matthew Kantey, Karima
Bostic, Lindsay Lees, Bethany
Burgee, Betsy Marconi, Sharon
Cinnamond, Jennifer Morris, Melissa
Dapsauski, Heather Norton, Sue
Dobson, Sarah Patellis, Jason
Ferkovich, Michelle Sams, Peggy
Gottfeld, Wendy Springer, Ann
Hintermister, Sally Whitmore, Stacey
BIDS
Unit Price
Contract for Playground Site/Safety Improvements – Renewal - #01-M-7
Renewed retroactively from May 1,
2003, through April 30, 2004, with no renewal options available, to Musselman
Excavating, Inc of Libertytown, MD, as indicated on the bid summary sheet.
Liquid Floor Care Products – Renewal - #01-M-9
Renewed for a one-year period from
July 1, 2003, through June 30, 2004, to Schilling Chemical & Equipment,
Inc., for an estimated total of $85,131.79 as indicated on the bid summary
sheet. The is the second of four one-year renewal options.
Inspection and Testing of Fire Extinguishers –
Renewal - #02-M-11
Renewed to Baker’s Fire & Safety
Equipment Company, Inc. of Adamstown, MD, at prices indicated on the bid
summary sheet, effective from June 1, 2003, through May 31, 2004, with one
renewal option remaining.
Natural Gas – Renewal - #01-M-11
Renewed to Washington Gas Energy
Services for one year at the floating price for all accounts of $.114 (basis
plus Nymex average) per therm for all sites with no sites receiving
interruptible service, effective June 1, 2003, through May 31, 2004. The price
may be fixed, with an effective date of June 1 or later, at any time upon
notification to the vendor in order to take advantage of lower market prices.
Audio Visual Equipment – Renewal - #02-I-2
Renewed for a one-year period to
various vendors as indicated on the bid summary sheet, effective May 1, 2003
through April 30, 2004, without option for further renewal.
Miscellaneous Cleaning and Maintenance Supplies -
#03-M-5
Awarded to various vendors as
indicated on the bid summary sheet for an estimated total of $123,358.16,
effective from the date of award through February 29, 2004 with two renewal
options available.
Domestic Hot Water Heater – Frederick High School -
$03-C-18
Awarded to the apparent low bidder,
Caigeann Mechanical Co., Clarksville, MD, at a total cost of $65,200.00 (Base
Bid), contingent upon approval of the recommendation by the State Interagency
Committee for Public School Construction.
Replacement of Chiller and Cooling Tower –
Walkersville High School - #03-C-19
Awarded to the apparent low bidder,
Warner Industrial, Inc. of Frederick, MD, at a total cost of $316,400.00, (Base
Bid 2) contingent upon approval by the State Interagency Committee for Public
School Construction.
Greenhouse for Tuscarora High School - #03-C-24
Awarded to the apparent low bidder,
R.W. Warner, Inc. of Frederick, MD, at a total cost of $224,735.00 (Base Bid),
contingent upon approval by the State Interagency Committee for Public School
Construction.
PE & Weight Room Equipment for Tuscarora High
School - #03-MISC-7
Awarded to various vendors as listed
on the summary of award sheets for a total of $146,176.90.
Consultant Services to Perform a
Compensation/Classification Study - #03-MISC-2
Awarded to Educational Management Solutions of Oakton, VA, at an estimated total cost of $49,000.00 plus out-of-pocket costs for project integration and maintenance, contingent upon approval of fund amendment #06-03.
CURRENT EXPENSE AMENDMENTS
#05-03
Adjusts the current expense balances to reflect major transfers from March 1 through March 31, 2003, in the amount of $103,350.
#06-03
Transfers savings from instructional salaries to fund a wage/salary study of the current FASSE support and AMT salary scales in the amount of $50,000.
Approved procurement of the Centerville Elementary School Meter Vault through the developer, Natelli Communities, for future reimbursement out of the project account.
APPOINTMENT OF MEMBERS TO THE ETHICS PANEL
G. Larry Stup was reappointed to the Ethics Panel through May 2006.
Norman Quist was appointed to the Ethics Panel through May 2006.
Dr. Dale reviewed the Master Plan Budget Proposed Year 1 costs and stated that with the current level being recommended by the Board of County Commissioners, that there is a deficit of $7.7 million. He responded to Board members’ questions.
Mr. Peppe asked Board of Education members to begin thinking about Dr. Dale’s list of potential cuts and asked if there were areas that individual members wished to pull from or add to this list.
Dr. Dale stated that this list was developed by administrators who were asked the question if we had to make cuts in current operation where would you suggest that we look.
Dr. Dale reviewed the list of potential cuts.
Following discussion, Mr. Boffman moved to eliminate the Summer Academy and the CASS program from the list of potential cuts. The motion was seconded by Dr. Borsa and unanimously approved.
Dr. Dale commented to Commissioner Cady that he would be happy to discuss how best to staff the Summer Academy with health nurses.
Mrs. Crook wanted to know the allocation for funding the facility for the charter school and suggested the possibility of using the evening high school facility. Mr. Peppe noted that the charter school receives a per pupil amount for operation less some overhead. Dr. Dale noted that there was not sufficient space as the building is currently being used for three different programs. Mr. Keller pointed out that the charter school has a two-year lease at its current facility.
Dr. Dale responded to Board members’ questions and asked them to provide direction if there were other items for research. It was noted that the Board would know the final allocation from the Board of County Commissioners by its first meeting in June.
Commissioner Cady spoke of the potential cuts and the amount required for a step increase for teachers.
COMMENTS
In response to a question from Mrs. Naylor, Mr. Peppe noted that policies are posted and revisions are posted subsequent to approval.
Mrs. Smith moved to adjourn the meeting at 8:55 p.m. The motion was seconded by
Dr. Borsa and unanimously approved.
Jack D. Dale
Secretary-Treasurer
Ronald W. Peppe, II
President
Judith A. Ricketts
Administrative Director