PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA - Meeting of September 22, 2011
ITEM 1: The Chair called the meeting to order and read the following call:
HONORABLE MEMBERS OF THE SCHOOL BOARD
Parish of St. John the Baptist
Dear Board Member:
Upon call of the President, the St. John the Baptist Parish School Board will meet
in regular session at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, on Thursday, September 22, 2011, at 6:00 p.m.
An agenda for the meeting is attached.
Sincerely, s/Courtney P. Millet, Ph.D.
Superintendent/Secretary
The Chair called for a moment of silent meditation followed by the Pledge of Allegiance.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Messrs. Keller, Jones, Wise, Bacas, Triche, Sanders.
ABSENT: Jack, Burl, DeFrancesch, Johnson, Nicholas.
There were 6 members present, 5 absent.
ITEM 3. APPROVAL OF MINUTES: Meetings of September 1, 2011.
A motion was made by Mr. Triche, seconded by Dr. Keller, to accept the minutes of the September 1, 2011 meeting as printed and published. There were no objections.
The motion carried.
6 Yeas - Keller, Jones, Wise, Bacas, Triche, Sanders
5 Absent - Jack, Burl, DeFrancesch, Johnson, Nicholas
ITEM 4. SUPERINTENDENT’S REPORT. Courtney P. Millet, Ph.D., Superintendent. Dr. Millet read the following report:
Venus Simms
I’d like to recognize and congratulate Mrs. Venus Simms, who has achieved National Board Certification, one of the most accomplished designations for education professionals.
National Board Certification is achieved through a performance-based portfolio and assessment that typically takes one to three years to complete. It involves successfully demonstrating advanced teaching knowledge, skills, and practices. Mrs. Simms earned her certification in the area of Exceptional Needs Specialist/Early Childhood through Young Adulthood. She also holds a Masters Degree +30 in Education and is certified in Mild/Moderate Special Education, Early Interventionist (Birth to Five), and Educational Leadership.
Mrs. Simms is currently an itinerant Special Education teacher at Emily C. Watkins Elementary School, John L. Ory Magnet School, and LaPlace Elementary School where she works with kindergarten students. Mrs. Simms has taught in the St. John the Baptist Parish Public School System for the past 12 years.
Congratulations, Mrs. Simms!
Carol Mills
I also want to recognize and congratulate Mrs. Carol Mills who has attained certification as a National Certified Counselor (NCC) and a National Certified School Counselor (NCSC) through the National Board for Certified Counselors, Inc. (NBCC). She is currently serving as counselor at ESJH, a position she has held for the past 34 years. Prior to becoming a counselor, she was a chemistry, physics, and biology teacher at Edgard High School for 14 years. She is in her 48th year as an educator.
Mrs. Mills holds a Bachelor of Science in Bacteriology and a Masters +30 degree in counseling. She is also certified in Adult Education. Additionally, Mills has an Associate’s Degree in substance abuse counseling. She currently serves in the following roles at ESJHS: the department head for the counselors, the ACT Test Site Supervisor, and the High-Stakes Testing Coordinator. Throughout her career, she has received the Crystal Apple Award, achieved the 1st Round of Distinguished Educator, and received the Bell South Award.
National Certification in Counseling promotes professional accountability and ensures that consumers’ rights are protected through the NBCC Code of Ethics. As a newly designated NCC, Mrs. Mills has fulfilled the requirements for the NCC credential. Those requirements include a graduate degree in counseling from a regionally accredited institution, supervised post-master’s counseling experience, and a passing score on the National Counselor Examination for Licensure and Certification (NCE).
Congratulations, Mrs. Mills!
Dr. Millet also recognized Board Member Dr. Gerald Keller and congratulated him on the release of his new book, titled ”Reserve”. Dr. Keller was presented with a plaque in recognition of this accomplishment.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF. None.
Mr. Jack arrived at 6:04 p.m. and was recorded as present.
Mrs. DeFrancesch arrived at 6:05 p.m. and was recorded as present.
ITEM 6. PERSONNEL MATTERS: Dr. Leigh Ann Beard, Director of Human Resources.
a. Personnel Changes (Requires action by the Board). Dr. Beard presented the following Personnel Changes for approval:
I. PROFESSIONAL
A. New Hires
Markisha Askins, Teacher - St. John Child Development Center, Certificate: Level 2 493288
Ronald August, Teacher - St. John Alternative School, Certificate: Uncertified
Jackie Fenroy, Part time Teacher - LaPlace Elementary, Certificate: Uncertified
Joe Franklin, Part time Band Director - West St. John High, Certificate: B 088385
Amy Gros, Part time Teacher - LaPlace Elementary, Certificate: B 030314
Barbara Harris, Part time Teacher - Emily C. Watkins Elementary, Certificate: A 029051
James LeBlanc, Teacher - Lake Pontchartrain Elementary, Certificate: A 454413
John Wahl, Part time Teacher - West St. John High, Certificate: C 117673
Dana Wilson, Teacher - Emily C. Watkins, Certificate: C 135654
B. Resignations
Porsha Bradley, Teacher - Fifth Ward Elementary, August 30, 2011
Sally Goodman, Teacher - Emily C. Watkins, September 13, 2011
Dominique McKnight, Teacher - Lake Pontchartrain Elementary, September 6, 2011
C. Retirement
Lydia Bazile, Teacher - LaPlace Elementary, August 1, 2011
Carol Adams, Teacher - St. John Alternative School, August 23, 2011
Rosetta Williams, Teacher - Garyville/Mt. Airy Magnet School, August 31, 2011
D. Extended Sick Leave
Shanna Beber, Teacher - LaPlace Elementary, August 24 - September 1, 2011
II. CLASSIFIED
A. Retirement
1. Margaret Landry, 12-month Secretary - Emily C. Watkins, September 30, 2010
Jennifer Peal, Bus Driver - Transportation, June 16, 2011
B. Extended Sick Leave
Oscar Bovie, Jr., Maintenance - West St. John High, August 26 - December 29, 2011
Guindella Joseph, Paraprofessional - West St. John High, August 31 - November 30, 2011
C. New Hires:
Iona Navarre, Highly Qualified Paraprofessional - East St. John Elementary
Churyce Robinson, Highly Qualified Paraprofessional - East St. John Elementary
A motion was made by Mr. Jones, seconded by Mr. Triche, to approve the Personnel Changes as presented in globo. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
b. Recommendation to fill two (2) vacant social worker positions. Dr. Beard read the following:
On Monday, September 12, 2011, Dr. Stacey Spies, Ms. Giselle Juneau, and Ms. Bridgette Alvarez met as a committee to interview for the positions of Social Worker. The following were interviewed: Ms. Mary Cancienne and Ms. Michelle Mire. As a result of the interviews, the committee recommended Ms. Mary Cancienne and Ms. Michelle Mire to fill the two (2) positions.
A motion was made by Mr. Triche, seconded by Mr. Jones, to approve the recommendation of Ms. Mary Cancienne and Ms. Michelle to fill the two (2) vacant social worker positions. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
ITEM 7. BUSINESS AND FINANCE: Mr. Felix Boughton, Executive Director of Business and Finance
a. To consider and take action with respect to adopting a resolution providing for the opening and tabulation of the sealed and electronic bids for the purchase of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
A motion was made by the entire board to adopt the resolution providing for the opening and tabulation of the sealed and electronic bids for the purchase of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
Mr. Hugh Martin stated that a total of 5 bids were received and read them aloud:
Raymond James & Associates, Inc. 3.047488
Morgan Keegan & Co., Inc. 3.095283
Duncan-Williams, Inc. 3.114136
Robert W. Baird & Co., Inc. 3.261699
Southwest Securities, Inc. 3.315486
Mr. Martin stated that due to the impressive presentation made to Standard and Poors Rating Agency by the Superintendent, Dr. Courtney P. Millet and Finance Director Felix Boughton recently, the Board qualified for 2 rate increases and now is rated an A+. He congratulated the Superintendent and the entire board on sound fiscal management which resulted in earning this rating.
RESOLUTION
A resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, approving the Official Notice of Bond Sale and Official Statement in connection therewith, and authorizing the President and the Secretary of the Parish School Board to sign copies thereof as evidence of the approval thereof.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the "Governing Authority"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the ADistrict@):
SECTION 1. This Parish School Board does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, authorized and duly advertised for sale by virtue of a resolution adopted on August 18, 2011.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the aforementioned Bonds, and the information contained therein, are hereby approved by this Governing Authority and the President and the Secretary of the Governing Authority are hereby authorized, empowered and directed to sign copies thereof as evidence of the approval of the District.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
Sherry DeFrancesch x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Rodney B. Nicholas x
Clarence Triche x
And the resolution was declared adopted on this, the 22nd day of September, 2011.
/s/ Courtney P. Millet /s/ Patrick H. Sanders
Secretary President
The bids received on September 22, 2011, for the purchase of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, were thereupon read in public session of the Governing Authority, said bids being based upon the maturity schedule set out in the Official Statement and hereinafter set out in these proceedings, said bids being as follows, to‑wit:
BIDDER TIC
Raymond James & Associates, Inc. 3.0474%
Morgan Keegan & Co., Inc. 3.0952
Duncan-Williams, Inc. 3.1141
Robert W. Baird & Co., Inc. 3.2616
Southwest Securities, Inc. 3.3154
The following resolution was offered and seconded unanimously:
RESOLUTION
A resolution accepting the bid of Raymond James & Associates, Inc., of Memphis, Tennessee, for the purchase of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated August 18, 2011, published in the manner required by law, and pursuant to the provisions of a resolution adopted by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer") bids were solicited for the purchase of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011, of the Issuer (the "Bonds"), on September 22, 2011; and
WHEREAS, five (5) bids were received for the purchase of the Bonds; and
WHEREAS, this Parish School Board has found and determined and does hereby find and determine that the bid submitted by Raymond James & Associates, Inc., of Memphis, Tennessee (the APurchaser@) complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Parish School Board desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the AGoverning Authority@), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the ADistrict@), that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. In accordance with the provisions of the Preliminary Official Statement, the acceptance and award of each bid is conditioned on the receipt by wire on or before 3:30 p.m. tomorrow of an amount equal to 1% of the principal amount of the Bonds described in such bid. In the event a good faith deposit for the issue of Bonds is not received timely, this acceptance of such bid and award of the sale of such Bonds shall be void. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of Eight Million Dollars ($8,000,000), plus the stipulated premium, if any, and accrued interest to the date of delivery, less a credit of $80,000 for the amount of the good faith deposit described above.
SECTION 4. The Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the President and Secretary of the Governing Authority are hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
SECTION 5. The foregoing resolution shall take effect immediately upon its adoption.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
Sherry DeFrancesch x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Rodney B. Nicholas x
Clarence Triche _ x
And the resolution was declared adopted on this, the 22nd day of September, 2011.
/s/ Courtney P. Millet /s/ Patrick H. Sanders
Secretary President
EXHIBIT "B"
OFFICIAL STATEMENT CERTIFICATE
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011 (the ABonds@) of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the AIssuer"), DO HEREBY CERTIFY:
THAT, at the time of payment for and delivery of the Bonds and at the date hereof, (i) the descriptions and statements, including financial data, of or pertaining to School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer") on the date of the Preliminary Official Statement, on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery thereof, were and are true in all material respects, and, insofar as such matters are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, and (ii) insofar as the descriptions and statements, including financial data, of or pertaining to governmental and/or non-governmental entities other than the Issuer and its activities, contained in the Official Statement are concerned, such descriptions, statements and data have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect, and (iii) there has been no adverse material change in the affairs of the Issuer between the date of the delivery of the Official Statement and the date of delivery of the Bonds.
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
By:_____________________________________
Secretary, Parish School Board
The following resolution was offered and seconded unanimously:
RESOLUTION
A resolution authorizing the incurring of debt and issuance of Eight Million Dollars ($8,000,000) of General Obligation School Bonds, Series 2011, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, that:
SECTION 1) Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" means any Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bonds" means the Issuer's General Obligation School Bonds, Series 2011, authorized by this Resolution, in the total aggregate principal amount of Eight Million Dollars ($8,000,000).
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collectively, the President and the Secretary of the Governing Authority.
"Governing Authority" means the Parish School Board of the Parish of St. John the Baptist, State of Louisiana.
"Government Securities" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Insurer" means, with respect to the Bonds, Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.)(AAGM@), a New York stock insurance company, or any successor thereto or assigned thereof.
"Interest Payment Date" means March 1 and September 1 of each year, commencing March 1, 2012.
"Issuer" means School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
"Municipal Bond Insurance Policy" or "Insurance Policy" shall mean the municipal bond insurance policy issued by the Insurer guaranteeing the scheduled payment of the principal of and interest on the Bonds when due as provided therein.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellaion;
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution;
4. Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Bonds for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust, a division of National Independent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Raymond James & Associates, Inc., of Memphis, Tennessee, the original purchaser of the Bonds.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2) Authorization of Bonds; Maturities. In compliance with the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and being the fourth and final emission of bonds authorized at a special election held on November 4, 2008, there is hereby authorized the incurring of an indebtedness of Eight Million Dollars ($8,000,000) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public. The Bonds shall be in fully registered form, shall be dated November 1, 2011, shall be issued in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity and shall be numbered from R-1 upward. The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing March 1, 2012, at the following rates of interest and shall mature serially on March 1 of each year as follows:
Year Principal Interest Rate Year Principal Interest Rate
(March 1) Maturing Per Annum (March 1) Maturing Per Annum
2013 $265,000 2.000% 2023 $425,000 3.000%
2014 280,000 2.000 2024 450,000 3.000
2015 290,000 2.000 2025 470,000 3.000
2016 305,000 2.000 2026 495,000 3.000
2017 320,000 2.000 2027 515,000 3.000
2018 335,000 2.500 2028 540,000 3.125
2019 355,000 3.000 2029 570,000 3.250
2020 370,000 3.000 2030 595,000 3.375
2021 390,000 3.000 2031 625,000 3.375
2022 405,000 3.000
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payments of principal, premium, if any, and interest on the Bonds will be made by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number will accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3) Book-Entry Registration of Bonds. The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC", as registered owner of the Bonds, and held in the custody of DTC. The Secretary of the Issuer or any other officer of the Issuer is authorized to execute and deliver a Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in "book-entry only" format. The Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer nor the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION 4) Redemption Provisions. The Bonds maturing on March 1, 2022, and thereafter, shall be callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2021, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity.
In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate trust office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 5) Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.
SECTION 6) Form of Bonds. The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Resolution referred to herein, until the termination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ST. JOHN THE BAPTIST
GENERAL OBLIGATION SCHOOL BOND, SERIES 2011
OF
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
Maturity Interest Bond CUSIP
Date Rate Date
March 1, _____ ______% November 1, 2011 ___________
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA (the "Issuer"), promises to pay to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: ____________________________ DOLLARS
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1, 2012, and semiannually thereafter on March 1 and September 1 of each year (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been made or duly provided for. The principal of this Bond, upon maturity or redemption, is payable in lawful money of the United States of America at the principal corporate trust office of Argent Trust, a division of National Independent Trust Company, in the City of Ruston, Louisiana, or successor thereto (the "Paying Agent"), upon presentation and surrender hereof. Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding the Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK-ENTRY FORM REGISTERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE RESOLUTION, SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO REDEEMED, (i) UPON PRESENTATION AND SURRENDER HEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BOND OWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATELY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This bond is one of an authorized issue aggregating in principal the sum of Eight Million Dollars ($8,000,000) (the "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on September 22, 2011 (the "Resolution"), for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, under the authority conferred by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and are the fourth and final emission of bonds authorized at an election held on November 4, 2008, the results of which election have been duly promulgated in accordance with law.
The Bonds are issuable only as fully registered bonds in the denomination of $5,000 principal amount or any integral multiple thereof, exchangeable for an equal aggregate principal amount of bonds of the same maturity of any other authorized denomination.
Subject to the limitations of and upon payment of the charges provided in the Resolution, the transfer of this Bond may be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal corporate trust office of the Paying Agent as registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for registration of transfer of this Bond, the Issuer and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and neither the Issuer nor the Paying Agent shall be bound by any notice to the contrary.
The Bonds maturing on March 1, 2022, and thereafter, are callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2021, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent.
The Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners of the Bonds at any time by the Issuer with consent of the owners of two-thirds (2/3) of the aggregate principal amount of all Bonds issued under the Resolution, to be determined in accordance with the Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. Said Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to such taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.
IN WITNESS WHEREOF, the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the facsimile signatures of its President and its Secretary and a facsimile of its corporate seal to be imprinted hereon.
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
_______________________________ __________________________________
Secretary, Parish School Board President, Parish School Board
(FORM OF SECRETARY OF STATE ENDORSEMENT -
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
BATON ROUGE
This Bond secured by a tax. Registered on this, the _____ day of ___________, 2011.
This Bond is one of the Bonds referred to in the within-mentioned Resolution.
Argent Trust, a division of National Independent
Trust Company
Ruston, Louisiana
as Paying Agent
Date of Registration: BY:_________________________________
Authorized Officer
* * * * * *
STATEMENT OF INSURANCE
(TO BE INSERTED IN BONDS)
Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.) (AAGM@), New York, New York, has delivered its municipal bond insurance policy (the APolicy@) with respect to the scheduled payments due of principal of and interest on this Bond to ARGENT TRUST, a division of National Independent Trust Company, Ruston, Louisiana, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy.
* * * * * *
(FORM OF LEGAL OPINION CERTIFICATE ‑
TO BE PRINTED ON ALL BONDS)
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original Bonds of the issue described therein and was delivered to Raymond James & Associates, Inc., of Memphis, Tennessee, the original purchaser thereof:
* * * * * *
STATEMENT OF INSURANCE, IF ANY
SECTION 7) Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile.
SECTION 8) Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9) Pledge of Full Faith and Credit. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.
SECTION 10) Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax and no other moneys whatsoever (other than investment earnings thereon). The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least one (1) day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 11) Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 12) Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13) Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds.
Any amendment or supplement to the Bond Resolution shall be subject to the prior written consent of the Insurer. Any rating agency rating the Bonds must receive notice of each amendment and a copy thereof at least fifteen(15) days in advance of its execution or adoption. The Insurer shall be provided with a full transcript of all proceedings relating to the execution of any such amendment or supplement.
A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.
SECTION 14) Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15) Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
SECTION 16) Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17) Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 18) Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19) Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 20) Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 21) Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
The Insurer shall be furnished with written notice of the resignation or removal of the Paying Agent and the appointment of any successor thereto.
SECTION 22) Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
The Executive Officers are hereby empowered, authorized and directed to take any and all actions and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 23) Qualified Tax-Exempt Obligations . The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not Aprivate activity bonds@ within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2011 does not exceed $10,000,000.
SECTION 24. Execution of Documents. In connection with the issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Resolution, the signatures of such persons on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 25. Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 26. Paying Agent Compliance as to Payments Pursuant to the Insurance Policy. As long as the Insurance Policy is in full force and effect, the Issuer and any Paying Agent agree to comply with the following provisions:
(a) At least two (2) Business Days (as defined in the Insurance Policy) prior to each payment date on the Obligations (the AInterest Payment Date@), the Paying Agent, will determine whether there will be sufficient funds in the funds and accounts established under the Resolution to pay all principal of and interest on the Obligations due on such Interest Payment Date and shall immediately notify the Insurer or its designee (the AFiscal Agent@) on the same Business Day by telephone or electronic mail, confirmed in writing by registered or certified mail, of the amount of any deficiency. Such notice shall specify the amount of the anticipated deficiency, the Obligations to which such deficiency is applicable and whether such Obligations will be deficient as to principal or interest or both. If the deficiency is made up in whole or in part prior to or on the Interest Payment Date, the Paying Agent shall so notify the Insurer or its designee.
(b) The Paying Agent, shall after giving notice to the Insurer as provided above, make available to the Insurer and, at the Insurers direction, to any Fiscal Agent, the registration books of the Issuer maintained by the Paying Agent and all records relating to the funds maintained under the Resolution.
(c) The Paying Agent shall provide the Insurer and any Fiscal Agent with a list of registered owners of Obligations entitled to receive principal or interest payments from the Insurer under the terms of the Policy, and shall make arrangements with the Insurer, the Fiscal Agent or another designee of the Insurer to (i) mail checks or drafts to the registered owners of Obligations entitled to receive full or partial interest payments from the Insurer and (ii) pay principal upon Obligations surrendered to the Insurer, the Fiscal Agent or another designee of the Insurer by the registered owners of Obligations entitled to receive full or partial principal payments from the Insurer.
(d) The Paying Agent, shall, at the time it provides notice to the Insurer of any deficiency pursuant to (a) above, notify registered owners of Obligations entitled to receive the payment of principal or interest thereon from the Insurer (i) as to such deficiency and its entitlement to receive principal or interest, as applicable, (ii) that the Insurer will remit to them all or a part of the interest payments due on the related payment date upon proof of the Holders entitlement thereto and delivery to the Insurer or any Fiscal Agent, in form satisfactory to the Insurer, of an appropriate assignment of the registered owners right to payment, (iii) that, if they are entitled to receive partial payment of principal from the Insurer, they must surrender the related Obligations for payment first to the Paying Agent, which will note on such Obligations the portion of the principal paid by the Paying Agent and second to the Insurer or its designee, together with the an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer, which will then pay the unpaid portion of principal, and (iv) that, if they are entitled to receive full payment of principal from the Insurer, they must surrender the related Obligations for payment to the Insurer or its designee, rather than the Paying Agent, together with an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer.
(e) In the event that the Paying Agent has notice that any payment of principal of or interest on a Bond which has become Due for Payment and which is made to a Holder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time the Insurer is notified pursuant to (a) above, notify all registered owners that in the event that any registered owners payment is so recovered, such registered owner will be entitled to payment from the Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to the Insurer its records evidencing the payments of principal of and interest on the Obligations which have been made by the Paying Agent and subsequently recovered from registered owners and the dates on which such payments were made.
(f) In addition to those rights granted to the Insurer under the Resolution and hereunder, the Insurer shall, to the extent it makes any payment of principal or interest on the Obligations, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Policy, and to evidence such subrogation (i) in the case of claims for past due interest, the Paying Agent shall note the Insurers rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon receipt from the Insurer of proof of payment of interest thereon to the registered holders of the Obligations, and (ii) in the case of claims for past due principal, the Paying Agent shall note the Insurers rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon surrender of the Obligations together with receipt of proof of payment of principal thereof.
SECTION 27. Continuing Disclosure. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H of the official statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 28. Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 29. Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack, Jr. x
Albert AAli@ Burl, III x
Gerald J. Keller x
Patrick H. Sanders x
Sherry DeFrancesch x
Keith Jones x
Phillip Johnson x
Russ Wise x
Lowell Bacas x
Rodney B. Nicholas x
Clarence Triche x
And the resolution was declared adopted on this, the 22nd day of September, 2011.
/s/ Courtney P. Millet /s/ Patrick H. Sanders
Secretary President
b. To consider and take action with respect to adopting a resolution accepting the low bid for the purchase of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
A motion was made by the entire board to adopt the resolution accepting the low bid for the purchase of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana. The low bid for the purchase of the bonds is Raymond James & Associates, Inc. at 3.047488. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
c. To consider and take action with respect to adopting a resolution authorizing the incurring of debt and issuance of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
A motion was made by the entire board to adopt a resolution authorizing the incurring of debt and issuance of $8,000,000 of General Obligation School Bonds, Series 2011 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
d. Mr. Felix Boughton, Director of Business and Finance - Approve GASB 54 Actuarial Services Proposal from Fontenot Benefits and Actuarial Consulting for $10,000.
A motion was made by Mr. Jones, seconded by Mr. Bacas, to approve the GASB 54 Actuarial Services Proposal from Fontenot Benefits and Actuarial Consulting for $10,000. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
e. Mr. Bob Bourgeois, Coordinator of Information Technology - Request board approval to file and accept 2011-2012 E-Rate Grant for Priority I items.
f. Mr. Bob Bourgeois, Coordinator of Information Technology - Request board approval to solicit proposals on Internet Services and Wide Area Network (WAN) services for the district.
A motion was made by Dr. Keller, seconded by Mr. Jones, to approve Items 7e and 7f. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
g. CSRS - Monthly Progress Update on the Master Plan and Program Management Services. Mr. Floyd Luster gave an update to the Board on all current projects including LaPlace Elementary School, Child Development Center, West St. John Elementary and East St. John High.
h. Request board approval to award contract to apparent responsible low bidder for the LaPlace Elementary School Renovations and Additions Project FFE Package for Media Center chairs contingent upon low bidder meeting all LA Public Bid Law and Contract Document Requirements.
A motion was made by Mr. Bacas, seconded by Mr. Jones to award the contract to A.D. Wynne Co., Inc. as the apparent responsible low bidder for the LaPlace Elementary School Renovations and Additions Project FFE Package for Media Center chairs contingent upon low bidder meeting all LA Public Bid Law and Contract Document Requirements. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
ITEM 8. OLD BUSINESS. a. Mr. Russ Wise, Board Member - Motion to reject participation in the School Based Budgeting pilot program.
A motion was made by Mr. Wise, seconded by Mr. Jack to reject participation in the School Based Budgeting pilot program.
A substitute motion was made by Dr. Keller, seconded by Mr. Jones, to participate in the School Based Budgeting pilot program.
Upon roll call of the substitute motion to participate in the School Based Budgeting pilot program, there were:
4 Yeas - Keller, DeFrancesch, Jones, Bacas
3 Nays - Jack, Wise, Sanders
1 Abstention - Triche
3 Absent - Burl, Johnson, Nicholas
The substitute motion failed.
Upon roll call of the original motion to reject participation in the School Based Budgeting pilot program, there were:
3 Yeas - Jack, Wise, Sanders
4 Nays - Keller, DeFrancesch, Jones, Bacas
1 Abstention - Triche
3 Absent - Burl, Johnson, Nicholas
The original motion failed.
b. Mr. Russ Wise, Board Member - Motion to create a committee to develop a method of parental accountability.
Following discussion, Mr. Wise offered to table this item to allow him time to prepare a written proposal to present to the board.
ITEM 9. NEW BUSINESS. a. Dr. Leigh Ann Beard - Policies for Board approval: BCBH, KGA, BCBK, BE, EBC, IDFA, IDFAB, GBDA, IDCC, DFD, EDC, EDD, FDC, EBBA, JCDB.
A motion was made by Mr. Jones, seconded by Mr. Triche, to approve policies BCBH, KGA, BCBK, BE, EBC, IDFA, IDFAB, GBDA, IDCC, DFD, EDC, EDD, FDC, EBBA, JCDB. There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
Policy: BCBH
MINUTES OF BOARD MEETINGS
The St. John the Baptist Parish School Board shall require written minutes of all of its open meetings be kept. Such minutes shall include:
(1) The date, time, and place of the meeting.
(2) The names of members of the public body recorded as either present or absent.
(3) The substance of all matters deliberated, and, at the request of any member, a record, by individual member, of any votes taken.
(4) Any other information that any School Board member requests be included or reflected in the minutes.
The Superintendent shall be responsible for keeping all minutes of the Board in a book provided for that purpose and, within twenty (20) days after the meeting, present them to be published one (1) time in the official journal of the Board. The minutes shall be mailed to each member as soon as reasonably possible following the meeting. The acts of the Board shall be attested to by the signatures of the President and Secretary to the Board and shall be filed and maintained in its administrative offices as public records and shall not be moved therefrom.
All minutes of the Board shall be public records and shall be made available within a reasonable time after the meeting, except where such disclosures would be inconsistent with statutory provisions. In addition, transcribed minutes of meetings shall reflect total transactions of Board considerations and when approved shall bear the signature of the Secretary and President.
OFFICIAL JOURNAL
The School Board shall select through public advertisement and bid, a newspaper as the official journal of the School Board to publish all official minutes of Board meetings, as well as all other legal advertising. The official journal shall meet all qualifications as outlined in state law and any others the Board may prescribe.
New policy: December 2, 2010
Revised: May, 2011
Ref: La. Rev. Stat. Ann. ''17:81, 42:12, 42:13, 42:20, 43:141, 43:144, 43:145; Board minutes, 12-2-10.
Policy: KGA
PUBLIC CONDUCT ON SCHOOL PROPERTY
The St. John the Baptist Parish School Board shall require any person attending any school event or school-related function on or off campus to conduct themselves with politeness, decorum, and proper sportsmanship. Any person entering any school campus or School Board property shall be required to conduct himself/herself in accordance with acceptable standards of conduct and show respect for the law and rights of others. Any person who disrupts the orderly educational process while on a school campus or School Board property may be restricted or banned from such property by the Board. In addition, any person, including an adult, who behaves in an unsportsmanlike manner during an athletic or co-curricular event, may be ejected from the event the person is attending and/or be denied admission to other school events for up to a year. Should a person’s conduct while on school property become so disruptive that it threatens the safety of any employee or student, school personnel shall be authorized to notify law enforcement personnel for assistance. The Superintendent shall have the authority to review the circumstances and make the final decision regarding attendance of the individual at any school or school function. Examples of unacceptable conduct include, but are not limited to:
1. Using vulgar or obscene language or gestures
2. Possessing or being under the influence of any alcoholic beverage or illegal substance
3. Possessing a weapon
4. Fighting or otherwise striking or threatening another person
5. Failing to obey the instructions of a security officer or school district employee
6. Interfering in any way with an athletic or co-curricular event
7. Engaging in any activity which is disruptive or illegal
Students demonstrating any of the above conduct shall be subject to disciplinary action in accordance with Board policy. Employees exhibiting any of the above conduct may be subject to suspension or termination.
New policy: May, 2011
Ref: La. Rev. Stat. Ann. §17:81.
Policy: BCBK
EXECUTIVE SESSIONS
The St. John the Baptist Parish School Board shall be authorized to hold meetings that are closed to the public upon formal motion made, seconded, and carried by two-thirds (2/3) of its members present at an open meeting for which proper notice has been given. The reason for holding a meeting closed to the public and the vote of each member on the question shall be stated in open meeting. Executive sessions shall be limited to matters allowed to be exempted from discussion at open meetings, however, no final or binding action shall be taken during such a closed meeting and the meeting shall not be used as subterfuge to defeat the purposes outlined in the statutes.
Executive sessions may be held for the following reasons:
1. Discussion of the character, the professional competence, physical or mental health of a person, provided that such person is notified in writing at least twenty-four (24) hours before the meeting and that such person may require that such discussion be held at an open meeting. However, an executive session shall not be used for discussion of the appointment of a person to the Board or, except as provided in La. Rev. Stat. Ann. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the Board shall give such notice as it deems appropriate and circumstances permit.
2. Strategy sessions or negotiations with respect to collective bargaining or litigation, when an open meeting would have a detrimental effect on the bargaining or litigating position of the Board. Attached to the written public notice of the meeting shall be whether or not such matters will be discussed in an executive session. The notice shall indicate the following:
A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.
A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.
In cases of extraordinary emergency, such notice shall not be required; however, the Board shall give such notice of the meeting as it deems appropriate and circumstances permit.
3. Discussion regarding the report, development, or course of action regarding security personnel, plans or devices;
4. Investigative proceedings regarding allegations of misconduct;
5. Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, or the repelling of invasions, or other matters of similar magnitude; and/or
6. Any other matters now provided for or as may be provided for by the Legislature.
Louisiana statutes do not prohibit the removal of any person or persons who willfully disrupt a meeting to the extent that orderly conduct of the meeting is seriously compromised.
Revised: August, 1989
Policy: BE
SCHOOL BOARD ETHICS
Recognizing that as a member of a public school board and that each St. John the Baptist School Board member is filling a position of public trust, responsibility, and authority endowed by the State of Louisiana, the St. John the Baptist Parish School Board, individually and collectively, shall subscribe to the principles of the Louisiana School Boards Association, by which a school board member should be guided.
In addition, certain actions of elected officials may be considered improper, and in some circumstances, illegal. Actions which may present a conflict of interest, acceptance of gifts, or solicitations, or gratuities, abuse of authority of office or position, and decisions regarding the employment of a family member of an official are all subject to statutory restrictions. The ethical conduct of Board members, as well as other designated officials, shall be in accordance with state law.
GIFTS
Acceptance of personal gifts by any Board member or employee of the St. John the Baptist Parish School Board from persons or firms doing business with the School Board, or any department or school thereof, is prohibited. Reduced cost and/or free travel expenses are also defined as gifts with regard to this policy provision. This policy provision does not preclude acceptance of food, drinks, or refreshment of a social nature or participation in a social event, provided the value of the food, drink, or refreshment does not exceed that amount permitted under state law. It also shall not preclude the acceptance of campaign contributions for use in meeting campaign expenses by any employee or Board member who is or becomes a candidate for election to any public office.
NEPOTISM
No member of the immediate family of an agency head shall be employed in his/her agency. No member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity, with limited exception as outlined below.
The provisions above shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of a public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
Exceptions
Any School Board member or Superintendent whose immediate family member is employed, or who may be employed, by the School Board as excepted below shall recuse himself from any decision involving the promotion or assignment of teaching or service location of such employee.
1. The School Board may employ any member of the immediate family of any Board member or the Superintendent as a classroom teacher provided that such family member is certified to teach.
2. Any School Board in a parish having a population of fewer than sixty thousand (60,000) according to the latest federal decennial census may employ any member of the immediate family of any Board member or of the Superintendent as a special education related services professional provided that such family member is licensed in an appropriate field for special education related services and such family member is the only applicant who meets the qualifications for the position set by the School Board who has applied for the position after it has been advertised for at least thirty (30) days in the official journal of the School Board. A special education related services professional shall include the following when employed to provide special education services: a social worker, occupational therapist, physical therapist, speech therapist/pathologist, teacher of hearing impaired students, teacher of visually impaired students, or nurse.
3. The School Board may employ an immediate family member of an athletic director of a school as a coach at such school.
PROHIBITED TRANSACTIONS
Any School Board member, Superintendent, or employee is prohibited by state law, with limited exception as provided in La. Rev. Stat. Ann. '42:1120, from participating in a transaction in which he/she has a personal substantial economic interest of which he/she may be reasonably expected to know involving the governmental entity. Also, any School Board member, Superintendent, or employee is prohibited by state law, except as provided in La. Rev. Stat. Ann. '42:1120, from participating in a transaction involving the governmental entity in which, to his/her actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his/her immediate family.
(2) Any person in which he/she has a substantial economic interest of which he/she may reasonably be expected to know.
(3) Any person of which he/she is an officer, director, trustee, partner or employee.
(4) Any person with whom he/she is negotiating or has an arrangement concerning prospective employment.
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
Every public employee shall disqualify himself/herself from participating in a transaction involving the governmental entity when a violation of state law would result.
ABUSE OF OFFICE
No School Board member, Superintendent, or employee shall use the authority of his/her office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself/herself, any other public servant, or other person with any thing of economic value.
No School Board member, Superintendent, or employee shall use the authority of his/her office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to engage in political activity.
No School Board member shall act in an individual capacity to use the authority of his/her office or position as a member of the School Board in a manner intended to interfere with, compel or coerce any personnel decision, including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of work to any school employee.
No School Board member shall use the authority of his/her office or position as a member of the School Board in a manner intended to interfere with, compel, or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization.
TRANSACTIONS AFTER TERMINATION OF PUBLIC SERVICE
No former agency head or elected official shall, for a period of two (2) years following the termination of his/her public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for the Board.
No former member of the School Board shall, for a period of two (2) years following the termination of his/her public service on such Board, contract with, be employed in any capacity by, or be appointed to any position by the Board, except that the School Board may employ a former member for any classroom teaching position which requires a valid Louisiana teaching certificate or a school psychologist with a valid certificate in school psychology, provided the former School Board member holds such a certificate.
No former School Board employee shall, for a period of two (2) years following the termination of his/her employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his/her public employment and involving the School Board by which he/she was formerly employed, or for a period of two (2) such years following termination of his/her employment, render any service which such former public employee has rendered to the School Board during the term of his/her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the School Board with which he/she was formerly employed.
DEFINITIONS
Agency means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
Agency head means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
Immediate family as the term relates to a public servant means his/her children, the spouses of his/her children, his/her brothers and their spouses, his/her sisters and their spouses, his/her parents, his/her spouse, and the parents of his/her spouse.
Public servant means a public employee or an elected official.
Political activity means an effort to support or oppose the election of a candidate for political office in an election.
Substantial economic interest means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:
(a) The interest that the public servant has in his/her position, office, rank, salary, per diem, or other matter arising solely from his/her public employment or office.
(b) The interest that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter.
(c) The interest that a person has as a member of the general public.
Transaction involving the governmental entity means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
Revised: November, 1999 Recoded: January, 2010
Revised: August, 2003 Revised: December 2, 2010
Revised: September, 2006 Revised: August, 2011
Revised: April, 2009
Ref: La. Rev. Stat. Ann. ''17:81, 17:428, 42:1101, 42:1102, 42:1112, 42:1115, 42:1115.1, 42:1116, 42:1119, 42:1121, 42:1123; Board minutes, 4-2-09, 12-2-10.
Policy: EBC
BUILDINGS AND GROUNDS SECURITY
It is the policy of the St. John the Baptist Parish School Board that a concerted effort be made at all times by the Board and all personnel to provide for the security and protection of its students, employees, visitors, facilities, and equipment.
Security not only encompasses maintenance of secure (locked) buildings but other strategies to make the school environment safe, such as protection from fire hazards and faulty equipment and safe practices in the use of electrical, plumbing, and heating equipment, and the protection of students, staff, and visitors at school functions, whether on or off campus.
Access to school buildings and grounds outside of regular school hours shall be limited to personnel whose work requires it. Protective devices designed to be used as safeguards against illegal entry and vandalism shall be installed when appropriate to the individual situation.
Records and funds shall be kept in a safe place and under lock and key when required.
LOSS OF PERSONAL PROPERTY
The St. John the Baptist Parish School Board shall provide for the reimbursement to school employees who suffer, while in the performance of their duties, personal property loss or damage due to theft (including automobile batteries) and vandalism (including smashed windshields and slashed tires). Excluded from reimbursement shall be currency and other automobile damage which has not made the automobile inoperable. The limit for any claim incident hereunder shall be five hundred dollars ($500.00) to uninsured loss. Further, to be eligible for such reimbursement, the employee must exercise reasonable care.
FIREARM FREE ZONES
The areas surrounding the school campus or within 1,000 feet of any such school campus, or within a school bus, shall be designated Firearm Free Zones. It is unlawful for a student or non-student to intentionally possess a firearm on school property or within 1,000 feet of school property or while on a school bus. The School Board, in cooperation with local governmental agencies and the Louisiana Department of Education, shall designate and mark Firearm Free Zones which surround all schools and school property.
BODY ARMOR
It shall be unlawful and against School Board policy for any student or non-student to wear or possess on his/her person, at any time, body armor on any School Board property, school campus, at a school-sponsored function, on a school bus or other school transportation, or in a firearm free zone, with limited exception as enumerated in La. Rev. Stat. Ann. §14:95.9. School-sponsored functions shall include, but not be limited to, athletic competitions, dances, parties, or any extracurricular activities.
Body armor shall mean bullet-resistant metal or other material intended to provide protection from weapons or bodily injury.
The School Board shall post permanent notices of such prohibition at each major point of entry to the school.
DRUG FREE ZONES
The area within 2,000 feet of any property used for school purposes by any school, or on a school bus, shall be designated as Drug Free Zones. It is unlawful for anyone to use, distribute, be under the influence of, manufacture or possess any controlled substances as defined by statute in a Drug Free Zone. The St. John the Baptist Parish School Board, in cooperation with local governmental agencies, and the Louisiana Department of Education, shall designate and mark Drug Free Zones which surround all schools and school property.
ELECTRONIC TELECOMMUNICATION DEVICES
Except as may be allowed by School Board policy, no person, unless authorized by the school principal or designee, shall use, possess, or operate any electronic telecommunication device including any facsimile system, radio paging service, mobile telephone service, intercom, or electromechanical paging system in any elementary or secondary school building, or on the grounds thereof while school is in session or in any school bus. Appropriate law enforcement agencies shall be notified of any person, other than a pupil or school employee, who violates this policy while on school property without authority.
SEARCH OF PERSONS OTHER THAN STUDENTS
Any school principal, administrator, teacher, or school security guards may search the person, book bag, briefcase, purse or other object in the possession of any person who is not a student enrolled in the school, or any school employee, while in or on school grounds. This search may be done randomly with a metal detector, or physically when there is reasonable suspicion that such person has any weapons, illegal drugs, alcohol, stolen goods, or objects in violation of School Board policy.
SURVEILLANCE CAMERAS ON SCHOOL CAMPUS
In order to assist in the protection and safety of employees and students, the St. John the Baptist Parish School Board shall authorize the installation of surveillance cameras at various locations on school campuses, but shall not allow placement in bathrooms and/or dressing rooms. Students or employees viewed violating school rules and regulations shall be disciplined, in accordance with Board regulations, up to and including expulsion/termination. Action may be taken against visitors viewed breaking regulations, including notification of law enforcement officials.
Revised: April, 2009
Revised: November, 2010
Revised: May, 2011
Ref: La. Rev. Stat. Ann. ''14:95.6, 14:95.9,17:81, 17:239, 17:240, 17:405, 17:416.6; Board minutes, 1-11-90, 4-2-09.
Policy: IDFA
INTERSCHOLASTIC ATHLETICS
The St. John the Baptist Parish School Board is committed to the belief that for the learning process for students to be complete, additional student activities, such as athletics, must be an integral part of the educational process.
Interscholastic athletics may be made available for students in the schools of the school district. The Superintendent or his/her designee shall develop and maintain an athletic program in the school district that emphasizes participation of all students. The conduction of all athletic programs within the school district shall comply fully with regulations of the Louisiana High School Athletic Association and policies of the Board.
The Board shall allow students to participate in as many extracurricular activities as he/she is capable during a school year.
STUDENTS IN HOME STUDY PROGRAMS
Students participating in a home study program approved by the Louisiana Board of Elementary and Secondary Education (BESE) may be eligible to participate in interscholastic athletic activities at a high school that is a member of the Louisiana High School Athletic Association (LHSAA). To be eligible to participate, the home study student shall meet each of the following requirements:
1. The student shall be subject to the same residency or attendance zone requirements as other students participating in the athletic activity.
2. The student's parent or legal guardian shall make a written request for the student to participate in interscholastic athletic activities to the principal of the school providing the activity. Such request shall be made not later than the first eleven (11) days of the school year.
3. The principal of the school providing the athletic activity shall approve or disapprove such written request within thirty (30) days after receipt by the principal of all information and documentation requested by the principal from the student or the student's parent or legal guardian, or both. Such information and documentation shall be as noted in item 5 below, as well as information and documentation that is required of other students relative to participation in the athletic activity. The decision by the principal to approve or disapprove the written request for the student to participate shall be final.
4. If participation is approved, then at the time of participation in the athletic activity, the student and the student's home study program shall be in full compliance with all guidelines, standards, and requirements established by state law for home study programs.
5. The student shall submit documentation from BESE that the student is in a home study program approved by BESE. The student shall submit a copy of his/her transcript showing units of study completed or in progress, the grades earned for such study, and his/her cumulative grade point average.
6. The student shall be required to meet academic standards required of other students to participate in the athletic activity.
7. The student shall be required to meet all other standards and requirements applicable to a student participating in the athletic activity, including but not limited to tryouts, practice time, codes of conduct and student discipline, physical exams, proof of age, permission forms, waivers, required paperwork, fees, and transportation arrangements but excluding any requirements that the student be enrolled in or attend the school, or both.
8. The student shall be required to meet conditions applicable to students at the school relative to having any required insurance coverage either by participating, if otherwise eligible, in insurance programs offered through the school or school system or by providing for such insurance coverage in another manner.
After a decision is made by the principal to approve a request for the student to participate, then the student shall participate in any tryouts for such activity at the same time and in the same manner as other students who want to participate in the same activity.
Any home study student who provides, or on whose behalf others provide, any false representation, documentation, or verification of the student's qualifications for the purpose of meeting eligibility requirements to participate in interscholastic athletics shall be ruled ineligible to participate in accordance with policies of the LHSAA and shall be subject to the same penalties as other students. Likewise, a school determined to be knowledgeable of any false representation, documentation, or verification of a home study student's qualifications for the purpose of meeting eligibility requirements to participate in interscholastic athletics shall be subject to penalties as established by the LHSAA for use of an ineligible student athlete.
A student who has been enrolled in a public or nonpublic school during the school year in which the student begins home study or during the previous school year and who was determined ineligible to participate in one or more interscholastic extracurricular activities at such school for reasons related to student conduct or academic performance, or both, shall be ineligible to participate in interscholastic athletic activities for one (1) calendar year from the date the student was determined ineligible.
A student who has been enrolled in a public or nonpublic school during the school year in which the student begins home study shall not be eligible to participate in interscholastic athletic activities during the remainder of that school year nor during the following school year.
PARTICIPATION REQUIREMENTS
No student shall be permitted to practice or participate in any interscholastic athletic program in any public school of the St. John the Baptist Parish School Board until such student shall have furnished to the principal of the school documentation that he/she has met the following requirements:
1. Evidence of having had a physical examination by a licensed physician who shall have completed documentation as required by the Louisiana High School Athletic Association (LHSAA).
2. Properly complete a School Entrance and General Health Exam Form/LHSAA Medical History and pass a medical examination by a licensed physician prior to the first time he/she participates in a sport in a LHSAA school. Physicians may continue to use the original LHSAA Sports Physical Form in performing sports physicals. In addition, parents shall be required to complete the Authorization for Release of Confidential Information.
3. Once a student passes the initial medical examination and completes an LHSAA Medical History Form prior to the sports season in which he/she participates, he/she shall annually pass any medical screening or medical examination required by a licensed physician and shall update his/her LHSAA Medical History Form as required.
4. A copy of all completed and signed medical examination and participation/release of information forms (and any others required by the School Board) must be on file at the school for every student before he/she practices or participates in interscholastic athletics during that school year.
5. An agreement signed by the student's parent(s) or legal guardian(s) to hold the School Board and its members, employees, agents, assigns and insurers harmless from and against any liability for any accidents involving the student while participating in such athletic activities and any injuries suffered by the student during, or as a result of, such participation. The agreement shall also authorize team physicians to treat the student in the event of an injury requiring emergency treatment.
6. Students shall sign a form consenting to random drug screening and must obtain the written consent of their parent(s) or guardian(s) for said tests in order to be eligible to participate in any athletic activity. (See policy IDFAA, Secondary Athletics Drug Screening)
RULES VIOLATION
Adherence to the rules of athletic representation and participation shall be strictly enforced by the Board. Any violations of athletic rules shall be immediately reported to the Superintendent by the principal. In the event that a member school, member school principal, or member school coach is penalized or cited by the Louisiana High School Athletic Association due to a violation, the athletic director, principal, and coach involved shall provide a full report to the Superintendent. If found warranted, the Superintendent in turn shall make a report to the School Board with pertinent recommendations for disciplinary action.
SCHOLASTIC REQUIREMENTS
The School Board endorses the scholastic eligibility requirements as a condition for participation in high school extracurricular activities as stipulated by the LHSAA. Scholastic requirements shall be as follow:
1. To be eligible for the first semester of the 2010-2011 school year, a student shall have earned at least five (5) units from the 2009-2010 school year which shall be listed on the student’s transcript, including any special education subjects and shall have earned at least a 1.5 grade point average when considering all "graded" subjects.
2. To be eligible for the second semester of the 2010-2011 school year, a student shall pass at least six (6) units from the first semester of the 2010-2011 school year, including any special education subjects.
3. To be eligible for the first semester of the 2011-2012 school year, a student shall have earned at least six (6) units from the 2010-2011 school year which shall be listed on the student’s transcript, including any special education subject(s) and shall have at least a ”C” average as determined by the School Board when considering all ”graded” subjects.
Individual schools or the School Board may set higher, but not lower scholastic requirements for interscholastic athletic participation.
SAFETY
The Superintendent or his/her designee shall have the responsibility in the school district to identify risks to students participating in athletic activities. Participants in the various sports shall be instructed in proper techniques to practice for maximum safety in the contact phase of a game.
The St. John the Baptist Parish School Board shall require injury prevention techniques be promoted by all coaches to all athletes. All players and parents of players shall be provided information concerning the physical risks to students participating in varsity athletic programs.
INSURANCE COVERAGE
Athletes shall have either school student insurance or a signed statement from the parent showing that the student is otherwise covered for any accident or injuries that may occur during any athletic participation. No students shall be allowed to practice or participate in interscholastic athletics until this requirement has been met.
Revised: December, 1997
Revised: August, 2010
La. Rev. Stat. Ann. §§17:169, 17:176, 17:236.3; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Official Handbook, Louisiana High School Athletic Association.
Policy: IDFAB
SPORTS INJURY MANAGEMENT AND CONCUSSIONS
COMPREHENSIVE SPORTS INJURY MANAGEMENT PROGRAM
The St. John the Baptist Parish School Board shall require each high school that sponsors or sanctions any athletic activity and which requires a participating student to regularly practice or train and compete to implement a sports injury management program. The injury management program shall:
1. Establish a set of injuries to be classified as "serious sports injuries" for the purposes of the program and define the signs and symptoms of such injuries.
2. Require that any coach, game official, on-field licensed health care provider, or athletic trainer remove a student from practice, training, or competition if any of the following circumstances occur:
(a) The student reports any defined sign or symptom of a serious sports injury.
(b) The coach or athletic trainer determines that the student exhibits any defined sign or symptom of a serious sports injury.
(c) The coach is notified that the student has reported or exhibited any defined sign or symptom of a serious sports injury by any of the following persons:
(i) A licensed, registered, or certified medical practitioner operating within their respective scope of practice.
(ii) A licensed athletic trainer.
(iii) Any other licensed, registered, or certified individual whose scope of practice includes the recognition of symptoms associated with serious sports injuries.
(iv) An official responsible for judging or supervising the athletic competition.
3. Ensure that any student who, in accordance with statutory provisions is removed from practice, training, or competition:
(a) Shall, as soon as practicable after reporting or exhibiting any sign or symptom of a serious sports injury, be examined by a health professional duly licensed in Louisiana to provide health care services or medical treatment.
(b) May be allowed to return to practice, training, or competition only after the student provides to the coach and an athletic trainer written authorization from a health professional duly licensed in Louisiana to provide health care services or medical treatment.
4. Require that each coach or official in school-sponsored or school sanctioned athletic activities receive documented training regarding the nature and risks of serious sports injuries.
5. Subject to availability of financial resources and supply of the necessary workforce, rely to the greatest possible extent on athletic trainers licensed by the Louisiana State Board of Medical Examiners to provide athletic health care at high school athletic competitions.
The school shall ensure that before a student is allowed to participate in any school-sponsored or school-sanctioned athletic activity, the student and the parent or guardian of the student shall document that they have viewed information provided in written or verifiable electronic form by the school or school district, regarding risks of serious sports injuries.
The sports injury protocols outlined above do not apply to concussions, the protocols of which are outlined below, in accordance with the Louisiana Youth Concussion Act of 2011, La. Rev. Stat. Ann. §§40:1299.181-40:1299.185.
CONCUSSIONS
Prior to beginning of each athletic season, the School Board shall provide pertinent information to all coaches, officials, volunteers, youth athletes, and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury. Each youth athlete and his or her parents or legal guardian shall be required to sign a concussion and head injury information sheet which provides adequate notice of the statutory requirements which must be satisfied in order for an athlete who has or is suspected to have suffered a concussion or head injury to return to play.
Each coach, whether such coach is employed or a volunteer, and every official of a youth athletic activity that involves interscholastic play shall be required to complete an annual concussion recognition education course which is in accordance with the statutes.
Removal from and Return to Play
A coach who is required to complete concussion recognition education shall immediately remove any youth athlete from a game, competition, or practice if any of the following occurs:
1. The youth athlete reports any defined sign or symptom of a concussion and is reasonably suspected of having sustained a concussion.
2. The coach, athletic trainer, or official determines that the youth athlete exhibits any defined sign or symptom of a concussion and he/she reasonably suspects that the youth athlete has sustained a concussion.
3. The coach or official is notified that the youth athlete has reported or exhibited any defined sign or symptom of a concussion and is reasonably suspected of sustaining a concussion by any of the following persons:
(a) A licensed, registered, or certified medical health care provider operating within their respective scope of practice. The medical health care provider performing an evaluation upon a youth athlete suspected of sustaining a concussion or brain injury may be a volunteer.
(b) Any other licensed, registered, or certified individual whose scope of practice includes the recognition of concussion symptoms. The individual performing an evaluation upon a youth athlete suspected of sustaining a concussion or brain injury may be a volunteer.
If a youth athlete is removed from play and the signs and symptoms cannot be readily explained by a condition other than concussion, the coach shall notify the athlete's parent or legal guardian and shall not permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion, including games, competitions, or practices, until the youth athlete is evaluated by a health care provider and receives written clearance from the health care provider for a full or graduated return to play.
After a youth athlete who has sustained a concussion or head injury has been evaluated and received clearance for a graduated return to play from a health care provider, an organization or association of which a school or school district is a member, a public school, or an athletic league may allow a licensed athletic trainer with specific knowledge of the athlete's condition to manage the athlete's graduated return to play.
New policy: August, 2011
Ref: La. Rev. Stat. Ann. §§40:1299.181, 40:1299.182, 401299.183, 40:1299.184, 40:1299.185.
Policy: GBDA
EMPLOYMENT OF RETIRED PERSONNEL
The St. John the Baptist Parish School Board may employ retired employees under certain conditions; however, an employee whose retirement has been accepted by the School Board shall not be guaranteed any position/employment with the Board. It shall be the policy of the School Board to vest in its Superintendent or his/her designee the power to recommend candidates for rehire after the person has traditionally retired from the school system.
The Superintendent or his/her designee may bring recommendations to the Board for approval for the rehire of retiring certified personnel after the performance of the retiring applicant has been assessed, and it is determined to be in the best interest of the school system to rehire this individual.
CERTIFIED PERSONNEL
Certified personnel who are members of the Teachers’ Retirement System of Louisiana (TRSL) and are rehired by the School Board shall be classified as a retired teacher or retired member.
Retired Teachers
A retired teacher is:
1. Any teacher who returns to active service as a full-time or part-time classroom teacher in grades K-12 in a critical shortage area, or
2. A retiree who returns to active service as a full-time certified speech therapist, speech pathologist, or audiologist whose position requires a valid Louisiana ancillary certificate where the shortage exists, or
3. A retired employee who has returned to active employment service covered by La. Rev. Stat. Ann. §11:710 on or before June 30, 2010.
4. A retired member who retired on or after May 1, 2009, and on or before June 30, 2010, and who returns to active employment service to a position requiring a valid Louisiana teaching certificate or a valid Louisiana ancillary certificate.
Critical shortage area shall mean any shortage of certified teachers existing in a subject area that has been certified by both the Superintendent and personnel director to Louisiana Board of Elementary and Secondary Education (BESE) and the Teachers Retirement System of Louisiana.
Classroom teacher shall mean any employee whose position requires a valid Louisiana teaching certificate and who is assigned activities of instructing pupils in classroom courses for which daily attendance figures are kept, including school classroom, home or hospital settings or other learning situations that may be delivered inside or outside the classroom or in other teacher-student settings.
Prior to making such certification of critical shortage for any full-time teaching position, the School Board shall be required to advertise in the Board’s official journal, on two (2) separate occasions, notice that a shortage of certified teachers exists and the positions to be filled. If a certified applicant who is not a retiree applies for an advertised position, such person shall be hired before any certified retired teacher is employed, unless fewer than three (3) teachers have applied for the position each of whom are certified in the critical shortage area being filled.
The salary of any retired teacher who is reemployed by the School Board shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.
Whenever a retiree returns to active service, the School Board shall, within thirty (30) days thereafter, notify the TRSL in writing of such employment, the date of reemployment, and a determination by the Board as to whether the person is a retired teacher. The salary of any retired teacher shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.
Retired Members
A retired member is any person who is a member of the Teachers Retirement System of Louisiana and who after being reemployed, is not classified as a retired teacher. A retired member, once reemployed, shall have his/her retirement benefits suspended for the duration of reemployment and shall receive no additional service credit nor accrue any additional retirement benefits.
BUS DRIVERS
A bus driver who has retired from service may be employed by the School Board and return to service as a full-time bus driver. If the Board elects to reemploy a retired bus driver, the Superintendent shall certify to the BESE that a shortage of qualified bus drivers exists in the school district.
Whenever a retired bus driver is reemployed, the School Board shall notify the Louisiana School Employees Retirement System (LSERS) in writing within ten (10) days of such employment and the date employment began. In addition, the School Board shall submit to LSERS before September 1 of each school year of reemployment of a bus driver a declaration stating the Board’s intent to reemploy the bus driver. The declaration shall be signed by the Superintendent or his/her designee and the employee. If such declaration is not received by September 1, the reemployed bus driver shall be subject to retirement benefits and other conditions in accordance with La. Rev. Stat. Ann. §11:1006. Upon the bus driver’s termination, the School Board shall provide LSERS in writing information and notice of the termination.
The School Board shall be required to report to LSERS within forty-five (45) days after June 30th of each year the names of all retired bus drivers being paid by the Board, their social security numbers, and the amounts of their earnings during the previous year.
Actuarial Cost
If the School Board decides to reemploy a retired bus driver, the School Board shall pay to LSERS the actuarial cost for the bus driver that is in excess of the cost that would have been incurred if the School Board had reemployed the bus driver pursuant to the provisions of La. Rev. Stat. Ann. §11:1006.
OTHER NON-CERTIFIED EMPLOYEES
Any retired non-certified employee, other than a bus driver, may be reemployed by the School Board as a full-time, part-time, temporary, or substitute employee. The School Board shall be required to transmit monthly, by the fifteenth (15th) day after the end of the month, a report to the Louisiana School Employees Retirement System (LSERS) with the name, social security number, and the amount of earnings of the retiree during the previous month.
New policy: August, 2010
Revised: August, 2011
Ref: La. Rev. Stat. Ann. §§11:710, 11:1006, 11:1007, 17:81.
Policy: IDCC
KINDERGARTEN
The St. John the Baptist Parish School Board shall require every child entering kindergarten for the first time be given a valid and reliable readiness assessment. The results of this assessment shall be used for measuring student readiness for kindergarten and for planning instruction.
Each child entering kindergarten for the first time shall be assessed at the beginning of the school year. The parent or guardian of each child shall be advised of the child’s level of readiness.
Policy: DFD
TAX AND BOND ELECTIONS AND SALES
TAX AND BOND ELECTIONS
The St. John the Baptist Parish School Board shall call elections for the public to vote on tax or bond revenue issues. Every bond, tax, or other election at which a proposition or question is to be submitted to the voters shall be held only on one of the dates set forth by state law or upon proper application to and approval of the State Bond Commission on a date not provided by statute. The proposition placed on the ballot submitted to the voters in any bond election shall state the kinds and sources of revenues which shall be pledged to retire the bonds, should the proposition be successful.
On the date and at the hour and place specified in the notice of election, the Board, in public session, shall examine and canvass the returns and declare the result of the elections. The result shall be promulgated by one publication in the official journal of the Board.
SALE OF BONDS
If approved by the electorate, the Board shall adopt a resolution providing for the issuance of school bonds within a particular bonding district. Said issuance of bonds shall prescribe the form and fix the maturities thereof, and provide for the payment of said bonds in principal and interest.
All bonds shall be advertised for sale on sealed bids, which advertisement shall be published at least once a week for three (3) weeks, the first publication to be made at least fifteen (15) days preceding the date fixed for the reception of bids. Advertisement shall be in the official journal of the governing authority at least fifteen (15) days before the date fixed for the reception of bids. Notice of sale shall also be published once a week for three (3) weeks preceding the date fixed for the reception of bids, either in a financial paper published in the city of New York or the city of Chicago, or in a newspaper of general circulation published in a city of the state of Louisiana having a population of not less than twenty thousand inhabitants, according to the last federal census.
The School Board may reject any and all bids. If the bonds are not sold pursuant to the advertisement, they may be sold by the School Board by private sale, within sixty (60) days after the date advertised for the reception of sealed bids, but no private sale shall be made at a price less than the highest bid which shall have been received. If not sold, the bonds shall be readvertised in the manner prescribed above.
New policy: May, 2011
Ref: Constitution of Louisiana, Art. VI, Sec. 30, Sec. 33; La. Rev. Stat. Ann. ''18:1281, 18:1282, 18:1283, 18:1284, 18:1285, 18:1286, 18:1293, 39:570, 39:1421, 39:1422, 39:1423, 39:1424, 39:1424.1, 39:1425, 39:1426, 39:1427, 39:1428, 39:1429.
Policy: EDC
STUDENT TRANSPORTATION SAFETY PROGRAM
The St. John the Baptist Parish School Board recognizes the responsibility of school bus operators and the need for bus operators to practice extreme caution in transporting children to and from school. Therefore, the School Board shall require the implementation, maintenance, and observance of a transportation safety program.
All buses and other vehicles owned and operated by the St. John the Baptist Parish School Board shall be inspected for safety by the assigned driver and transportation director on a regular basis. Additionally, vehicles will be inspected in accordance with applicable state vehicle inspection laws. The transportation director shall maintain a safety inspection record which shall be filled out and signed by the individual who conducts the inspection. All defects noted by local or state inspectors shall be remedied immediately.
VIDEO EQUIPMENT ON SCHOOL BUSES
As a means to help ensure safety and proper conduct on School Board owned and/or contracted school buses, it shall be the policy of the Board that video surveillance equipment be allowed and/or required when such equipment is requested and approved by the Supervisor of Transportation, and operated under rules and regulations established by the Superintendent.
Purposes for which the video equipment may be used are:
1. Monitoring behavior and conduct of students on the bus.
2. Evaluating the conduct and performance of the driver of the bus.
3. Providing evidence relative to adherence or non-adherence to policies of the Board.
The purchase and installation of such equipment shall be the responsibility of the Board. Ownership of the equipment, including the housing thereof, shall remain with the Board. The Board shall have the right and responsibility to remove such equipment, and repair any damage caused by installation of same, when a bus is retired or sold.
Strict adherence to laws and rules of confidentiality shall be maintained in the viewing of tapes and use of equipment to assure compliance with laws and regulations regarding the privacy rights of students and employees.
USE OF CELLULAR TELEPHONES
The School Board may authorize the issuance of cellular telephones to all bus drivers. However, no person shall engage in a call on a cellular telephone or similar device while driving a school bus. The use of cellular telephones by school bus operators may be authorized in an emergency situation involving:
1. An emergency system response operator, 911 safety dispatcher, or school administrator;
2. A hospital or emergency room;
3. A physician’s office or health clinic;
4. An ambulance or fire department rescue service;
5. A fire department, fire protection district, or volunteer fire department;
6. A law enforcement agency.
All school bus operators shall be required to have communication devices as issued on board the school bus and turned to the "on" position while operating the school bus.
DAILY TRIP INSPECTIONS
Before beginning, during, and after completing each assigned route, trip, or individual run daily, the bus driver shall conduct pre-trip, en route, and post-trip inspections of the vehicle and its special equipment to check for passengers, special equipment, medication, etc. that may have been left on the bus. Before the driver exits the bus after any trip or individual run, the driver shall immediately perform a post-trip inspection of the interior of the bus for children or other passengers that may have remained on the bus. The driver shall employ any means necessary to check for children who may be under seats. The driver shall also check for damage to seats, and articles left on the bus. Failure to check for children left on the bus may result in discipline of the driver, up to and including termination.
Adopted: September 21, 1978
Revised: April, 2006
Revised: December, 2008
Approved: October 15, 2009
Revised: September, 2010
Ref: La. Rev. Stat. Ann. ''32:289, 32:398, 32:871; School Transportation Handbook, Bulletin 1191, Minimum Standards for School Buses, Bulletin 1213, Operational and Vehicle Maintenance Procedures, Bulletin 1475, Louisiana Department of Education; Board minutes, 11-2-78, 10-15-09.
Policy: EBBA
FIRE PREVENTION
The St. John the Baptist Parish School Board recognizes the need for fire prevention/precaution in order to protect its employees, students, visitors, and property from the hazards of fire. Reducing and/or eliminating the fire hazards in and around the schools and other School Board property should be everyone’s responsibility.
As a prerequisite in its fire prevention strategies, the Board shall require inspections by qualified persons of all fire safety and prevention equipment, including but not limited to fire alarm and smoke detection devices at each school under the Board’s jurisdiction, as well as all other Board property, at least twice during each school year. All necessary service, repairs, and precautions shall be taken by appropriate persons in a timely manner to assure that all such equipment is in good working order and meets the needs for which it was intended. Employees of the Board may perform the required inspections called for in this policy provided they have received the appropriate training necessary to perform such inspections, and documentation of such training shall be included in the employee’s personnel file.
The supervision and implementation of the inspection requirements shall be the responsibility of the Superintendent and/or his/her designee. Reports on all inspections shall be maintained and submitted to the Superintendent and/or designee upon completion of the inspection.
Policy: JCDB
DRESS CODE
The policy of the St. John the Baptist Parish School Board shall be that no mode of attire will be considered proper for school wear that distracts from or disrupts classroom and school decorum. The principals of each school will make the final decision as to what is considered proper or improper dress.
Any substantial complaint concerning the dress code shall be dealt with by the school administration.
In accordance with the above, the following guidelines have been established concerning student dress:
Clothing should be so constructed and worn in such a manner that it is not unduly revealing. Halter tops, "tank tops", see-through garments, cut-off tops, midriff tops and other garments of this nature are not acceptable. All shirts, blouses, and other tops must exceed beltline with no waistline-skin exposed.
Shorts are not appropriate for school wear for boys and girls with the exception that unaltered, uniform shorts will be authorized. Loose-fitting, walking-style shorts or jams will be permitted for grades 7-12. No short-shorts shall be permitted.
Shirts and blouses are to be buttoned.
Hair shall be neat, clean and well-groomed.
Sundresses are not permitted in grades 7-12.
No article of clothing shall be worn that distracts from the educational process.
Articles of clothing associated with alcoholic beverages, tobacco, or drugs shall not be worn.
No article of clothing or accessories shall be worn that contains obscene, profane, or sex-related words or pictures.
Personal hygiene and cleanliness of dress are expected of all students.
Proper undergarments should be worn at all times.
Skirts should be at least to the knee.
Clothes shall not be skin-tight, form-fitting, nor contain holes.
SCHOOL UNIFORMS
In the event that the student uniforms are requested by a parental organization or by the school principal at a school site, the following procedure is required. It shall be the policy of the St. John the Baptist Parish School Board that the adopted school student uniforms are not a mandatory requirement and purchases of such uniforms shall be on a voluntary basis.
Request for student uniforms may come from the school principal or from a parental organization. Such request shall be a written request and shall have the approval of the parent organization of that school.
Upon receipt of such a request, the school principal must discuss this request with the Superintendent and conduct a parental survey within two (2) weeks of the parental petition. The results of this survey must be forwarded to the Superintendent.
For school uniforms to be the norm of that school site, the results of the student uniform survey must indicate a favorable approval by a majority of the parents who returned the survey. If a majority of parents rejected the survey, the petition shall be denied and any other request may not be submitted until the next school session.
If the majority of parents favor a standardized school uniform, the school principal should discuss the results of the survey and a plan of action with the Superintendent.
If there is a favorable vote for school uniforms, the school principal must establish a uniform committee and contact uniform companies to develop a standardized uniform. A standardized uniform must be approved by a majority of parents present at a parent meeting of that school.
Once a standardized uniform has been developed at a school, the Superintendent shall notify the School Board of final adoption and date of implementation.
ACCESSORIES
All students shall be required to use clear (see-through) book bags or completely mesh bags and girls shall have purses no larger than 8" x 8".
BODY ARMOR
It shall be unlawful and against School Board policy for any student or non-student to wear or possess on his/her person, at any time, body armor on any School Board property, school campus, at a school-sponsored function, on a school bus or other school transportation, or in a firearm-free zone, with limited exception as enumerated in La. Rev. Stat. Ann. §14:95.9. School-sponsored functions shall include, but not be limited to, athletic competitions, dances, parties, or any extracurricular activities. A firearm-free zone means any area within one thousand feet of any school campus and within a school bus.
Body armor shall mean bullet-resistant metal or other material intended to provide protection from weapons or bodily injury.
Ref: La. Rev. Stat. Ann. §§14:95.9, 17:81, 17:416.7
Scott v. Board of Education, 304 N.Y.S.S. 2d 601 (1969)
Karr v. Schmidt, 460 F. 2d 609 (5th Cir. 1972)
Board minutes, 8-4-88, 1-10-91, 3-21-91, 5-2-91, 3-3-94, 7-21-94, 10-2-08
b. Mr. Felix Boughton - Approve Memo of Understanding with SJAE.
A motion was made by the entire board to approve the Memo of Understanding with the SJAE.
There were no objections.
The motion carried.
8 Yeas - Jack, Keller, DeFrancesch, Jones, Wise, Bacas, Triche, Sanders
3 Absent - Burl, Johnson, Nicholas
MEMORANDUM OF UNDERSTANDING
2011-2012
St. John Association of Educators (SJAE), (hereinafter referred to as SJAE or the Union) agree to this one - time, memorandum of understanding for the 2011-2012 fiscal year to temporarily modify collective bargaining agreement. The district agrees not to reduce the current bargaining unit, except through attrition where appropriate or to expand the bargaining unit except as required by state regulation or statute in consideration of this agreement.
The Union agrees that the all teacher and all support staff allotments for the 2011 - 2012 fiscal year will remain at $100 for one more year.
The union agrees to add and or modify the following articles and sections of the current collective bargaining agreement (CBA) with the St. John the Baptist Parish School District (hereinafter referred to as SJBPSD or Board):
Article 7-A
7.10.1 TEACHERS AS SUBSTITUTES
A. Except in emergency cases, teachers shall not be required to substitute for another Employee who is absent from his/her work assignments.
B. Should these emergencies occur, the Employee shall be paid $30 15 per hour on their planning period or when a class has been divided up among teachers for the school day, the teacher shall be paid $15 per hour on their planning period or $60 divided up among the teachers who take the extra students for the day.
C. No teacher will be directed to cover a teachers’ class or lose their planning time for more than two (2) consecutive days.
D. High school classes will be covered by a teacher within the same department unless this is not feasible.
E. Middle School and Elementary School Teachers will not be asked to cover a class which is more than one grade above or one grade below his or her respective grade level.
F. The building level administrators will meet and consult with the Union Association Representatives or SJAE designee in each building or worksite at least once per quarter to review the use of substitutes and the application of this provision within the respective work place.
TEACHERS REQUEST FOR SUBSTITUTES/COVERAGE - HOURLY
The employee may request sick or personal leave coverage for his or her classroom in one hour segments up to 3 hours.
Request for hourly leave must be submitted to his or her administrative supervisor no less than two working days in advance of the requested leave or as soon as reasonably possible in urgent circumstances.
The district shall charge the hours taken against the appropriate leave requested e.g. sick leave or personal leave.
Article 7-B
BUS DRIVER(S) AND BUS ATTENDANTS/AIDES
Field trips/Extra trips/Extra runs for bus drivers and attendants/aides:
All field trips/extra trips shall be compensated at $9.50 per hour for in-parish field trips and no less than an additional $2.50 per hour per year for out of parish field trips, with a minimum guarantee of four (4) hours; and there is a minimum guarantee of three (3) hours for after school in-parish extra trips.
Extra runs are compensated at $9.50 4.75 per run.
During these field trips/extra trips/extra runs bus drivers may be required to service different schools and programs.
Only time outside of the regularly paid six hours daily shall be considered extra/field trip time.
Bus drivers and attendants/aides are excluded from other overtime pay provisions.
If no bus driver wants to drive a required program, the least seniored bus driver will be assigned according to the seniority list.
7.19 EMPLOYEES AS SUBSTITUTES - Modify Language
Teacher aides/paraprofessionals shall not be allowed to substitute for teachers in limited situations and under very controlled circumstances:
A, Whenever a teacher will be absent for three hours or less the teacher and supervising administration must agree that a paraprofessional will cover his or her classroom for the period when the teacher will be absent from the classroom.
The paraprofessional will receive additional compensation of $7.50 per hour for each hour or fraction thereof that they cover the classroom for the teacher.
7.20 SUBSTITUTES
The Employer shall provide substitutes as required by the absence of a regular Bargaining Unit Member except in certain circumstances and under restricted conditions.
The employer shall have a replacement plan in place prior to the initiation of any design to restrict the use of substitutes.
The plan shall detail how coverage will be maintained when an employee is absent so that clear directions which provide the expected activities and tasks have been made in advance of any coverage. There shall also be a plan which shall also include overtime coverage.
When the need arises for coverage of an absent employee the remaining employees who cover will be compensated at $4.75 per staff person per shift for not more than three consecutive days.
If coverage is needed for a fourth and or fifth day, then the employees providing coverage will be offered overtime up to the cost of a substitute and they will use the alternate overtime coverage plan, except when a custodian gives management two weeks notice of a request for 5 consecutive days of vacation.
Management will have the option of continuing overtime coverage or employing a substitute beginning with the sixth continuous day of absenteeism for an employee.
When the need arises for coverage of an absent employee goes beyond the regular shift, then appropriate overtime will be paid for any employee who works beyond their regularly scheduled hours.
Request for hourly coverage by substitutes:
The employee may request sick, vacation (where applicable) or personal leave coverage for his or her assignment in one hour segments up to 3 hours.
Request for hourly leave must be submitted to his or her administrative supervisor no less than two working days in advance of the requested leave or as soon as reasonably possible in urgent circumstances.
The district shall charge the hours taken against the appropriate leave requested e.g. sick leave, vacation leave (where applicable) or personal leave.
The administration and board also agree to hear and resolve any outstanding union grievances which were filed prior to July 30, 2011.
This MOU will be evaluated each quarter. To become effective this MOU must be ratified by the SJAE and the Board. If ratified, this memorandum will remain in effect from August 15, 2011 to June 30, 2012.
______________________________________ ______________________________________
President SJBPS Board Date President SJAE Date
c. Lloyd LeBlanc, Board Attorney - Legal Update. None.
ITEM 10. ADMINSTRATIVE MATTERS: a. Committee Reports. None.
ITEM 11. BOARD-RELATED ITEMS OF INTEREST. Mr. Jones stated that he would like an update on the state of the Superintendent’s evaluation and contract. Mr. Sanders stated that the executive committee had met last week, briefly discussed this subject and decided to wait until January to meet as a board to make a decision.
ITEM 12. ADJOURNMENT: The agenda having been completed, and there being no further business, Mr. Bacas offered a motion for adjournment, seconded by Mrs. DeFrancesch. There were no objections. The meeting adjourned at 6:55 p.m.
____________________________ ________________________________
Patrick H. Sanders, President Courtney P. Millet, Ph.D., Secretary