PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA - Meeting of August 16, 2012
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, Reserve, Louisiana, on Thursday, August 16, 2012, 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. Mr. Sanders asked that we keep the families of the officers that were killed in the line of duty and also the officers that were wounded, in our thoughts and prayers.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Messrs. Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
ABSENT: None
There were 11 members present, 0 absent.
ITEM 3. APPROVAL OF MINUTES:Meetings of August 2, 2012.
A motion was made by Mr. Triche, seconded by Rev. Nicholas, to accept the minutes of August 2, 2012 meeting as printed and published. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 4. SUPERINTENDENT’S REPORT. Mr. Herbert Smith, Superintendent.
Mr. Smith gave the following report: “The first day of school for our students was last Thursday, August 9th. I am pleased to report that the school year began smoothly as a result of all of our employees being prepared: from bus drivers, cafeteria workers, clerical staff, and custodians to our teachers, paraeducators, and administrators. Working together, we have created an atmosphere dedicated to providing our students the best education possible.
Over the past week, we have encountered a few challenges that luckily have only had a minimal impact on the education we’re providing to our students. I want to commend my staff for handling these situations peacefully and professionally.
In terms of enrollment, our official count as of today, the 6th day of school is 5772 students.
As the school year continues, my staff and I will continue to work with our principals and other employees to implement the Louisiana Department of Education’s newest initiatives in curriculum (which is the Common Core State Standards) and in teacher evaluations (which is Compass).
I am looking forward to a great school year, with everyone working together to make it one filled with top-notch educational practices and academic success.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF.
ITEM 6. PERSONNEL MATTERS: Dr. Leigh Ann Beard, Director of Human Resources. Dr. Beard presented the following Personnel Changes for approval:
I. PROFESSIONAL
A. Medical Extended Sick Leave
1. Keller Perret, Teacher – East St. John Elementary School, August 6, 2012 – September 14, 2012.
A motion was made by Mr. Wise, seconded by Rev. Nicholas, to approve the Personnel Changes as presented in globo. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
Mr. Burl requested that Dr. Beard e-mail him with the percentage of certified teachers and also that she e-mail the open positions to the Board Members.
ADDENDUM ITEM 6b. Introduction of Personnel Policy.
POLICY - REDUCTION OF PERSONNEL
It shall be the policy of the St. John the Baptist Parish School Board to maintain a fair and balanced educational program consistent with the functions and responsibilities of public schools. When faced with circumstances which may necessitate a reduction of personnel greater than can be accomplished through attrition and appropriate reassignment, a reduction of personnel action may be employed. All feasible alternatives to the layoffs of employees shall be considered prior to the implementation of the provisions stated herein. The determination for the need to implement reduction of personnel procedures and all decisions effecting such action shall be made by the Superintendent.
Except as otherwise provided herein, any existing procedure for reconsidering or examining an employee discharge, non-reappointment, or grievance shall not be considered in implementing a reduction of personnel action. Similarly, no personnel action other than a reduction of personnel may be considered under this policy.
Employees on Board approved leaves of absence shall be treated in the same manner as other regularly employed personnel insofar as application of this policy.
TEACHERS AND ADMINISTRATORS
Reduction of teachers and administrators shall be based solely upon demand, performance, and effectiveness, as determined by the performance evaluation program adopted by the Board in accordance with La. Rev. Stat. Ann. §§17:3881 through 3905. Any reduction of teachers and administrators by the Superintendent shall be instituted by dismissing the least effective teacher within each targeted subject area or area of certification first, and then proceeding by effectiveness rating until the reduction of personnel has been accomplished.
ALL OTHER EMPLOYEES
Reduction of school employees, including bus drivers, who are not evaluated pursuant to La. Rev. Stat. Ann. §§17:3881 through 3905, shall be based upon the following criteria:
1. Performance and effectiveness as determined by the Board’s personnel evaluation plan.
2. Certification or academic preparation, if applicable.
In the event that one or more school bus operators must be removed due to the abolition, discontinuance, or consolidation of routes, after a determination of the School Board, the principle of seniority shall apply, so that the last school bus operator hired within the school system shall be the first to be removed.
NOTICE TO INDIVIDUAL EMPLOYEE
When a reduction of personnel action is instituted, written notice of termination shall be given by the Superintendent or his/her designee by certified mail, return receipt requested, to the employee to be terminated. The notice shall include a statement of the general conditions requiring a reduction of personnel. The employee’s address, as it appears on the School Board’s record, shall be deemed to be the correct address. It shall be the employee’s responsibility to see that the School Board has his/her current address on file.
REVIEW OF INDIVIDUAL TERMINATIONS
Within ten (10) days after receiving a notice of termination, an employee may request, in writing, a review of the action taken and shall receive notice of the results of the review in a timely manner, but no later than ten (10) days after the notice to review is received. The employee shall have the right to pursue a reduction action through the Board’s grievance procedures.
RECALL OR OTHER EMPLOYMENT
For three (3) years after the effective date of a termination, the employee shall be given the first opportunity to be reinstated to the position from which terminated. Employees shall be recalled in reverse order to their lay-off.
The offer of re-employment shall be made by certified mail, return receipt requested, and the employee shall be notified that, if he/she wishes to accept, he/she must do so in writing within seven (7) calendar days. Failure to accept within seven (7) calendar days or rejection of the position eliminates all re-employment rights of the employee.
An employee who is recalled within one (1) year after being laid off shall have restored to him/her all of the sick leave and unused personal leave, if applicable, he/she had accrued on the effective date of the layoff.
SEVERABILITY OF PROVISIONS
If any provision of this policy or the application thereof is held invalid, such invalidity shall not affect other provisions of this policy which can be implemented without the invalid provisions and, to this end, the provisions of this policy are hereby declared severable.
Any and all provisions of this policy shall yield to existing state law, whether statutory or not, when held to be in conflict with said law or laws.
Recoded: November, 2006 Revised: June, 2012
Ref: La. Rev. Stat. Ann. ''17:81, 17:81.4; Board minutes, 8-6-92.
This item was for introduction purposes only. Dr. Beard stated that the policy must be approved and sent to the state department before September 1, 2012.
ITEM 7. BUSINESS AND FINANCE: Mr. Felix Boughton, Executive Director of Business and Finance
ITEM 7a. CSRS – Quarterly Progress Update on the Master Plan and Program Management Services provided by CSRS.
Mr. Floyd Luster shared a Powerpoint and gave an update on all projects. Lengthy discussion was held regarding warranty work. Mr. Luster and Mr. Todd Mann answered questions regarding this item.
ITEM 7b. Request approval of New School Rental Fee Schedule.
Current Fee Schedule
Without kitchen - $750 plus $500 deposit
With kitchen - $900 plus $500 deposit
Recommended Fee Schedule
Without kitchen - $750 – no deposit
With kitchen - $900 – no deposit
A motion was made by Mr. Jones, seconded by Mr. Jack, to approve the new school rental fee schedule as presented. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 8. OLD BUSINESS
ITEM 9. NEW BUSINESS
ITEM 9a. Mr. Bob Bourgeois – Permission to apply for 2013-2014 E-Rate Grant.
A motion was made by the entire board to approve the request for permission to apply for the 2013-2014 E-Rate Grant.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 9b. Dr. Stacey Spies – Introduction of the Seclusion/Restraint Procedures and Policy Handbook
This item was for introduction only.
EDUCATION OF STUDENTS WITH EXCEPTIONALITIES
The St. John the Baptist Parish School Board shall provide a free appropriate public education in the least restrictive environment to every student with an exceptionality, ages three through twenty-one, who is a resident of the geographical boundaries of the school district. Special education and related services may be provided by the School Board for eligible children under three years of age. Generally, identified children shall be screened and evaluated for eligibility to receive special educational services while receiving educational support in the regular classroom. If it is determined in the evaluation process that a child has a disability, impairment, or condition that impedes educational progress, then the child is classified according to the Pupil Appraisal Handbook, Bulletin 1508, guidelines and becomes eligible to receive special education services. All special education services shall be performed in accordance with the regulations outlined in Regulations for the Implementation of the Exceptional Children's Act, Bulletin 1706.
The School Board shall establish and maintain regulations and procedures in accordance with federal and state law to ensure that students with exceptionalities and their parents are provided the necessary procedural safeguards with respect to the provision of free appropriate public education by the School Board.
SECLUSION AND RESTRAINT
The School Board recognizes that, in order for students to receive a free appropriate public education, a safe learning environment needs to be provided. In doing so, the School Board also recognizes that there are circumstances in school under which reasonable and appropriate measures and techniques will need to be employed in dealing with students with exceptionalities who pose an imminent risk of harm to self or others.
The School Board fully supports the use of positive behavior interventions and support when addressing student behavior. The School Board reserves its right, however, to use physical restraint and/or seclusion consistent with state law to address the behavior of a student with an exceptionality when school personnel reasonably believe the behavior poses an imminent risk of harm to the student or others. The School Board shall not preclude the use of physical restraint and/or seclusion performed consistent with the requirements of a student’s Individualized Education Program (IEP) or behavior intervention/management plan.
Imminent risk of harm shall mean an immediate and impending threat of a person causing substantial physical injury to self or others.
Seclusion shall mean a procedure that isolates and confines a student in a separate room or area until he or she is no longer an immediate danger to self or others.
Seclusion room means a room or other confined area, used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a private setting and from which the student is involuntarily prevented from leaving.
Mechanical restraint means the application of any device or object used to limit a person’s movement. Mechanical restraint does not include: (1) A protective or stabilizing device used in strict accordance with the manufacturer’s instructions for proper use and which is used in compliance with orders issued by an appropriately licensed health care provider; and (2) Any device used by a duly licensed law enforcement officer in the execution of his/her official duties.
Physical restraint means bodily force used to limit a person’s movement. Physical restraint does not include: (1) Consensual, solicited, or unintentional contact; (2) Holding of a student by a school employee for less than five minutes in any given hour or class period for the protection of the student or others; (3) Holding of a student, by one school employee, for the purpose of calming or comforting the student, provided the student’s freedom of movement or normal access to his or her body is not restricted; (4) Minimal physical contact for the purpose of safely escorting a student from one area to another; (5) Minimal physical contact for the purpose of assisting the student in completing a task or response.
Positive behavior interventions and support means a systematic approach to embed evidence-based practices and data-driven decision making when addressing student behavior in order to improve school climate and culture.
School Employee means a teacher, paraprofessional, administrator, support staff member, or a provider of related services.
The parent or other legal guardian of a student who has been placed in seclusion or physically restrained shall be notified as soon as possible. The student’s parent or other legal guardian shall also be notified in writing, within twenty-four (24) hours, of each incident of seclusion or physical restraint. Such notice shall include the reason for such seclusion or physical restraint, the procedures used, the length of time of the student’s seclusion or physical restraint, and the names and titles of any school employee involved.
The director or supervisor of special education shall be notified any time a student is placed in seclusion or is physically restrained.
A school employee who has placed a student in seclusion or who has physically restrained a student shall document and report each incident. Such report shall be submitted to the school principal not later than the school day immediately following the day on which the student was placed in seclusion or physically restrained and a copy shall be provided to the student’s parent or legal guardian.
This policy and the guidelines and procedures maintained by the Superintendent and staff shall be provided to all school employees and every parent of a child with an exceptionality.
All instances where seclusion or physical restraint is used to address student behavior shall be reported by the School Board to the Louisiana Department of Education.
Guidelines and Procedures
The School Board shall require the Superintendent and staff to maintain adequate written guidelines and procedures governing the use of seclusion and physical restraint of students in accordance with federal and state law, as well as regulations and guidelines promulgated by the Louisiana Board of Elementary and Secondary Education (BESE). The School Board shall approve written guidelines and procedures regarding appropriate responses to student behavior that may require immediate intervention using seclusion and/or restraint. The written guidelines and procedures shall be provided to all school employees and every parent of a student with an exceptionality and shall include reporting requirements and follow-up procedures, including notification requirements for school officials, notification to the student’s parent or legal guardian, and reporting of seclusion and restraint incidents to the Louisiana Department of Education.
Follow-Up
Following any situation resulting in the use of seclusion or restraint of a student, a Functional Behavioral Assessment (FBA) should be considered. If a student subject to the use of seclusion or physical restraint is involved in five (5) such incidents in the school year, the student’s Individualized Education Plan (IEP) team shall review and revise the student’s Behavior Intervention Plan (BIP) to include any appropriate and necessary behavioral supports. Documentation compiled for a student who has been placed in seclusion or has been physically restrained and whose challenging behavior continues or escalates shall be reviewed at least once every three weeks.
Employee Training Requirements
The Superintendent or his/her designee shall be responsible for conducting or obtaining appropriate training programs for school personnel designed to address the use of seclusion and restraint techniques with students with disabilities. In addition, positive behavioral intervention strategies, crisis intervention, and de-escalation, as well as other procedures, may also be included in any training.
Charter Schools
Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise specifically provided for in an approved charter, a charter school established and operated in accordance with State law, including its approved charter and the school’s officers and employees, shall be subject to the School Board’s policy and written procedures and guidelines regarding the use of seclusion and restraint with students with exceptionalities.
Adopted: September 21, 1978
Revised: April, 2009
Revised: December, 2011
Revised: February, 2012
President Sanders stated that Items 9c and 9d would be heard following Items 9e – 9j.
ITEMS 9e – 9j. Mr. Albert Burl, Board Member
9e. What is the Board Policy regarding students what conditions can place a student at the Redirection Center?
The following will be cause of a nine (9) day suspension with recommendation for expulsion:
· Intentionally causing or attempting to cause damage to school property or stealing/attempting to steal school property.
· Intentionally causing or attempting to cause damage to private property on the way to or from school or stealing/attempting to steal private property on the way to or from school.
· Intentionally causing or attempting to cause physical injury to another person except in self-defense.
· Carrying or possession of a firearm, knife or other dangerous instrument.
· Possessing , distributing, selling, giving or loaning any controlled substance governed by the Uniform Controlled Dangerous Substance Law – in any form.
Please see pages 13, 14, 15, 16 and 17 of the Student Code of Conduct Handbook for a more detailed list.
9f. How many students are currently at the Redirection Center?
· There are currently 10 students at Redirection.
9g. What is the current structure of the Redirection Center and what changes are being made in regards to receiving the Students Classwork Assignments?
· Redirection comprises of students in grades 4-12 with a Principal and Asst. Principal. Students have always received instruction from the regular classroom teacher.
9h. What changes are being made in regards to the Discipline Issues at Redirection?
· No change. Discipline will be in accordance with School Board Policy, just like every other school.
9i. What is the total number of enrolled students and How many students have left in regards to the Voucher Program?
· Total enrollment as of August 16, 2012 is 5772.
· As of August 15, 2012, approximately 63 students in St. John Parish have been issued scholarships.
9j. Propose placing Ronnie Smith Full Time at E.S.J. to assist with the Resource Officer or change his Job Duties to include those Responsibilities.
· This request will be considered, however, this is an administrative decision.
ITEM 9k. Mr. Albert Burl and Mr. Russell Jack, Board Members - Recognition of Erica Merrick, the Principal of WSJ High School for being the Regional Principal of the Year.
Mrs. Merrick was not present at the meeting.
Mr. Burl left the meeting at 7:11 p.m. and was recorded as absent.
ITEM 9c. Mr. Elton Oubre – Appeal Hearing 1213-01-0816. Mr. Oubre stated that this would be a closed hearing. The meeting was closed at 7:11 p.m.
A motion was made by Dr. Keller, seconded by Rev. Nicholas, to reconvene in regular session. There were no objections and the Board reconvened in regular session at 7:31 p.m.
A motion was made by Mr. Wise, seconded by Rev. Nicholas, that in the case of Appeal Hearing 1213-01-0816, the student be allowed early re-admission to school. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 9d. Mr. Elton Oubre – Appeal Hearing 1213-02-0816. Mr. Oubre stated that this would be a closed hearing.
The meeting was closed at 7:32 p.m.
A motion was made by Dr. Keller, seconded by Mrs. DeFrancesch, to reconvene in regular session. There were no objections and the Board reconvened in regular session at 7:40 p.m.
A motion was made by Mr. Wise, seconded by Rev. Nicholas, that in the case of Appeal Hearing 1213-02-0816, the Board uphold administration’s recommendation to allow the student to return to the regular school setting. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 9l. Executive Session – Superintendent’s Contract.
A motion was made by Dr. Keller, seconded by Mrs. DeFrancesch, to convene in Executive Session. There were no objections and the Board convened in Executive Session at 6:41 p.m.
A motion was made by Mr. Triche, seconded by Mrs.DeFrancesch, to reconvene in regular session. There were no objections and the board reconvened in Regular Session at 7:45 p.m.
A motion was made by the Entire Board to approve the Interim Superintendent contract as negotiated with Mr. Herbert Smith, for the term beginning July 9, 2012 and ending June 30, 2013.
ITEM 9c. Lloyd LeBlanc, Board Attorney – Legal Update. None.
ITEM 10. ADMINSTRATIVE MATTERS: None.
ITEM 11. BOARD-RELATED ITEMS OF INTEREST.
Dr. Keller asked when the search for a new superintendent would begin. Mr. Sanders replied that the Executive Committee will meet soon to make a recommendation to the board to start the search.
Mr. Jack stated that an unfortunate incident had taken place at West St. John High School and the community was taking it very seriously. He announced that there will be a community meeting next Thursday, August 23, 2012 at 6:30 p.m. at the Edgard Community Center. He invited Board members and administration to attend.
Mr. Wise stated that a Candlelight Vigil will be held at 8 p.m. on Friday, August 17, 2012 in honor of the fallen deputies. The public is invited to attend.
Mr. Sanders stated that there will be a Special Meeting held on Tuesday, August 28, 2012 at 10 a.m.
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 7:54 p.m.
________________________________ ________________________________
Herbert Smith, Secretary Patrick H. Sanders, President