PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA - Meeting of September 6, 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, September 6, 2012, at 6:00 p.m.
An agenda for the meeting is attached.
Sincerely, s/Herbert Smith
Superintendent/Secretary
The Chair called for a moment of silent meditation followed by the Pledge of Allegiance. Mr. Sanders stated that former educator Ms. Elexia Henderson suffered a stroke this past week and asked that she be kept in our thoughts and prayers.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Messrs. Jack, Burl, Keller, DeFrancesch, Johnson, Wise, Bacas, Triche, Sanders.
ABSENT: Jones, Nicholas.
There were 9 members present, 2 absent.
ITEM 3. APPROVAL OF MINUTES: Meetings of August 16, 2012.
A motion was made by Mr. Triche, seconded by Mrs. DeFrancesch, to accept the minutes of August 16, 2012 meeting as printed and published. Mr. Burl stated that ITEM 9c and ITEM 9d showed him as voting, when in fact he was absent for the vote. He asked that the minutes be amended to reflect his absence.
The motion carried.
9 Yeas – Jack, Burl, Keller, DeFrancesch, Johnson, Wise, Bacas, Triche, Sanders.
2 Absent – Jones, Nicholas
ITEM 4. SUPERINTENDENT’S REPORT. Mr. Herbert Smith, Superintendent.
Mr. Smith gave the following report:
Preceding Tropical Storm/Hurricane Isaac
· Superintendent and staff under the advisement of the Parish President’s office sent ConnectEd message, posted website message, and alerted local media concerning school closure for Monday and Tuesday.
· Principals, custodial staffs, and maintenance secured their sites in preparation for the storm.
· As the storm approached, Superintendent determined that schools will be closed for the remainder of the week. Again, parents were informed through ConnectEd messages, website, and news media.
Immediately Following Hurricane Isaac –Thursday and Friday, August 30-31, 2012
· Superintendent, staff members, and CSRS met to determine damage to school sites.
· ServiceMaster and Pintail, our contracted providers, prepared to remediate and clean sites.
Week Following Hurricane Isaac
· Administration met with FEMA and the Governor’s Office of Homeland Security at the Emergency Operations Center. Multiple meetings with the FEMA team were held throughout the week.
· Clay Corley and other members of the LDOE Network Team met with administration twice during the week to determine academic needs and instructional minute requirements. Calendar committee met to work on a revised school calendar.
· Clean up continued at all sites, both interior and exterior.
· Administration and Mark Riley from the Governor’s Office of Homeland Security met with principals, cafeteria managers, and other staff members multiple times to determine the needs of each site.
· Assistant principals, counselors, and secretaries began working on contacting students, especially those whose homes were flooded.
· Face-to-face meetings and phone banks helped to update student registrations. Several LPE teachers are canvassing subdivisions to gain updated registrations.
· Each principal and his/her staff met with their teachers.
· Plans were made and enacted to re-open the non-flooded schools next Monday, September 10th.
· With the cooperation of the principals, plans are being made to re-route LPE students to other sites in the district. These students will start Monday, September 17th:
o HeadStart and PreK classes to SJCDC
o LA4 class and Kindergarten Classes to ESJE
o 1st and 2nd Grades to GMMS
o 3rd and 4th Grades to FWE
o 5th Grade to LES
o 6th – 8th Grades to the Adult Education Center
· Plans are being made to re-open ESJHS at the Leon Godchaux site with students ‘platooning’; first shift of students would attend from 7:00 a.m. – 12:00 noon and second shift would attend from 12:00 noon to 5:00 p.m. Their first day is tentatively scheduled for Monday, September 24, 2012.
· Many generous donors have stepped forward to assist, including (but not limited to) the Saints Organization, Cameron Parish, and Deuce McAllister/Rotolo’s Pizza.
Mr. Smith introduced Mr. Frank Lacourse with CSRS Disaster Team, who shared a PowerPoint regarding damages received at all schools.
Mr. Jones arrived at 6:10 p.m. and was recorded as present.
Rev. Nicholas arrived at 6:11 p.m. and was recorded as present.
Ms. Kelly Eldridge asked if teachers from the flooded schools would be allowed to claim their personal property out of the classrooms. Mr. Wise asked administration to arrange a meeting in an effort to identify what was school property and what was personal property.
Mr. Herman Clayton commended Mr. Herbert Smith and his staff for the proactive measures taken in getting the schools and employees back to work and students back in the classrooms. He asked the board to consider moving payroll up so that employees can have money in hand. Mr. Boughton stated that the payroll dates have been moved up for both September and October.
Mr. Sanders stated that he would prefer to not “rush” getting the schools ready. He stated that he would rather have the job done right the first time so that our students will have a safe environment to learn. Mr. Sanders stated that in July of last year, the Board took a proactive measure and contracted ServiceMaster and Pintail Construction for Emergency Construction of Building Components and/or Grounds. Because of this measure, administration was able to start the process of remediation of the schools immediately after the storm threat had passed. Mr. Sanders also thanked Mr. Elton Oubre for being with the Office of Emergency Preparedness throughout this disaster and keeping administration informed.
Dr. Keller asked Mr. Peter Montz to look into acquiring a better phone service. He stated that the district cellular phones did not work during the storm.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF.
None.
Mr. Sanders stated that ITEM 9b would be addressed at this time.
ITEM 9b. Dr. Gerald Keller – Superintendent’s authorization for emergency measures.
A motion was made by Dr. Keller, seconded by Mr. Wise, to “due to the extensive amount of damage caused to several schools within our district as a result of Hurricane Isaac, along with the need for emergency actions to minimize the effects of the hurricane on the schools, I hereby move to certify that the St. John the Baptist Parish School System is in a State of Public Emergency for the purposes of allowing the administration to bypass public bid law in contracting out recovery work, and/or obtaining materials and supplies. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
0 Absent
ITEM 6. PERSONNEL MATTERS: Dr. Leigh Ann Beard, Director of Human Resources.
Item 6a. Executive Session – Update on negotiations – Pending Litigation.
A motion was made by Mr. Wise, seconded by Rev. Nicholas, to convene in Executive Session. There were no objections and the board convened in regular session at 7:38 p.m.
A motion was made by Mr. Wise, second by Mr. Jones, to reconvene in Regular Session. There were no objections and the board reconvened in Regular Session at 7:55 p.m.
b. Request approval of Personnel Policy.
A motion was made by Mr. Wise, seconded by Dr. Keller, to adopt the Personnel Policy – Reduction of Personnel as presented.
When opened for public discussion, Dr. Michael Walker-Jones, representative of the SJAE, spoke against this policy, urging the board to adopt the policy that was presented to them by the SJAE.
Mr. Wise urged the board to adopt the policy as presented by the administration, as we are already in violation of the deadline to adopt.
Upon roll call on the motion to adopt the Personnel Policy – Reduction of Personnel as presented, there were:
7 Yeas – Keller, DeFrancesch, Johnson, Wise, Bacas, Nicholas, Triche
4 Nays – Jack, Burl, Jones, Sanders
The motion carried.
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.
ITEM 7. BUSINESS AND FINANCE: Mr. Felix Boughton, Executive Director of Business and Finance
ITEM 7a. Interim amendment to CSRS’s contract for Hurricane Isaac damage and authorize administration to do a request for qualifications (RFQ) for disaster recovery management.
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. Mr. Peter Montz, Purchasing Agent/Director – Request Board approval on Quote 13.21 Sale and Removal of Surplus Buses.
A motion was made by the entire Board to approve Quote 13.21 Sale and Removal of Surplus Buses. There were no objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
ITEM 8. OLD BUSINESS
ITEM 9a. Dr. Stacey Spies, Director of Special Education – Request approval of Seclusion/Restraint Procedures and Policy Handbook.
A motion was made by the Mr. Triche, seconded by Mr. Wise, to approve the Seclusion/Restraint Procedures and Policy Handbook.
Mr. Burl asked if there was a separate handbook for special education students. Dr. Spies replied that there is no “Special Education Handbook” separate and apart from the District Student Handbook. Mr. Burl asked if St. John parish was currently in violation with the state for failing to notify parents of their rights or notifying the parents of an upcoming IEP. Dr. Spies stated that St. John Parish is not in violation of any policies.
Mr. Burl left the meeting at 8:40 p.m. and was recorded as absent.
The motion carried.
10 Yeas – Jack, Keller, DeFrancesch, Jones, Johnson, Wise, Bacas, Nicholas, Triche, Sanders.
1 Absent - Burl
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
ITEM 10. ADMINSTRATIVE MATTERS: None.
ITEM 11. BOARD-RELATED ITEMS OF INTEREST.
Rev. Nicholas stated that he would like to keep a close eye on the cost of repairs at East St. John High School because if the cost rises too high, the Board may want to consider rebuilding the main building.
Mr. Wise asked CSRS to include addressing the drainage problem at East St. John High School in their assessment. Mr. Wise also commended CSRS and administration for the work that has taken place over the last week.
Mr. Jones thanked CSRS for being “on the job” as soon as they were in the aftermath of Hurricane Isaac. He commended them on the diligence and hard work shown so soon after the hurricane passed.
Mr. Sanders commended Mr. Smith and Ms. Trosclair for their obvious work soon after the hurricane passed as well. He stated that although communication was “spotty”, it was obvious that they had been “on the job” this past week, as they had answers to all questions regarding the re-opening of schools and scheduling, etc.
ITEM 12. ADJOURNMENT:The agenda having been completed, and there being no further business, Mr. Triche offered a motion for adjournment, seconded by Mrs. DeFrancesch. There were no objections. The meeting adjourned at 8:47 p.m.
________________________________ ________________________________
Herbert Smith, Secretary Patrick H. Sanders, President