PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
EDGARD, LA – MEETING OF JANUARY 12, 2017
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 special session at West St. John Elementary School, 2555 LA Hwy. 18, Edgard, Louisiana, on Thursday, January 12, 2017, at 6:00 p.m.
An agenda for the meeting is attached.
Sincerely, s/Kevin R. George
Superintendent/Secretary
The Chair called for the invocation, led by Deacon Warren Pierre.
The Chair called for the Pledge of Allegiance, led by Mr. Claude Hill.
ITEM 1a. Swearing in of School Board Member Nia Mitchell
Ms. Mitchell’s father, Mr. Wilfred Mitchell Jr., Justice of the Peace District 6, administered the Oath of Office to Ms. Nia Mitchell.
Several members of the Board welcomed Ms. Mitchell to the School Board.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Messrs. Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones.
ABSENT: None
There were 11 members present, 0 absent.
ITEM 1b. Election of Officers
The Chair opened the floor for nominations for President.
Dr. Keller nominated Mr. Keith Jones for President.
There being no other nominations, Mr. Keith Jones was elected President.
Mr. Jones opened the floor for nominations for Vice President.
Mr. Nicholas nominated Mr. Ali Burl for Vice President.
There being no other nominations, Mr. Ali Burl was elected Vice President.
ITEM 3a. APPROVAL OF MINUTES: Meetings of December 8, 2016.
MOTION BY: Jones
SECOND BY: Sanders
MOTION: To approve the minutes from the meetings of December 8, 2016.
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
Mr. Burl thanked his colleagues for their confidence and support.
ITEM 4. SUPERINTENDENT’S REPORT. Mr. Kevin R. George, Superintendent.
Mr. George stated that he had been informed by the LSBA that January had been declared School Board Member Recognition Month. He stated that the Board had received a professionally framed Proclamation from the Governor and the LSBA Resolution declaring the month of January as School Board Member Recognition Month and this would be hung in Central Office.
ITEM 4a. Mr. Kevin George – School Board Member Credit Hours Earned
Mr. George read the following into the record.
The Louisiana School Board Association recognizes any school board member that attains twenty (20) or more continuing learning units of training in the calendar year as a Certified Board Member. This year, I am pleased to announce that every one of our board members achieved that goal for 2016. These credit hours must be recorded in the official record of the School Board, as well as the official journal. Therefore, I will announce the total credit hours for each of our board members:
Mr. Russell Jack, District 1
– 20.25 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Albert Burl, District 2
– 20.25 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Dr. Gerald Keller, District 3
– 58.50 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Patrick Sanders, District 4
– 26.00 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mrs. Sherry DeFrancesch, District 5
– 33.50 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Keith Jones, District 6
– 75.25 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Phillip Johnson, District 7
– 24.75 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Russ Wise, District 8
– 47.25 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Shawn Wallace, District 9
– 30.50 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Rev. Rodney Nicholas, District 10
– 42.75 Credit Hours – LSBA CERTIFIED BOARD MEMBER
Mr. Clarence Triche, District 11
– 29.25 Credit Hours – LSBA CERTIFIED BOARD MEMBER
ITEM 5b. Special Board Meeting – January 19, 2017 to Canvass Election Returns & Levy Sales Tax
Mr. George announced that there will be a Special Board Meeting held on January 19, 2017 at 6:00 p.m., in the Board Meeting Room, to Canvass the Election Returns & Levy Sales Tax. An agenda will be sent next week.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF
ITEM 5a. Resolution to the Family of Nora Pierre
Mr. George read the following resolution into the record and presented the family with a plaque:
RESOLUTION
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA
WHEREAS, Mrs. Nora Pierre served the St. John the Baptist Parish community for 36 years as a Teacher, Assistant Principal, and Principal, and
WHEREAS, Mrs. Pierre served the State of Louisiana and the Parish of St. John the Baptist, and the worthiness of her service will always be remembered; and
WHEREAS, the St. John the Baptist Parish School Board recognizes her dedication and commitment, and this Resolution of Sympathy shall be forwarded to the members of her family.
THEREFORE BE IT RESOLVED, that St. John the Baptist Parish School Board, along with the Superintendent of Schools, desires to present this Resolution to her family in recognition of the value and the love this system has for her. Furthermore, the St. John the Baptist Parish School System wishes her family well in their bereavement and also that this Resolution be made part of the official record on this date, January 12, 2017, subscribed therein.
Mr. Warren Pierre, thanked the Board for the kind words and recognition of his wife.
Several board members reflected favorably on the life of Mrs. Pierre and offered their sympathies to the family.
ITEM 5b. Mrs. Alison Cupit – Principal Presentations: GMMS/FWE
Mrs. Cupit spoke briefly about working with both of these schools and introduced each principal to share what is happening at their schools with the Board.
Mrs. Drenean Brown, Principal of Fifth Ward Elementary, introduced her team: Sherelle Parker, Asst. Principal; Sylvia Bailey, Asst. Principal; Raquel Pigee, Master Teacher and Robin Bazile, Master Teacher. She shared FWE’s accomplishments and goals with the use of a PowerPoint with the board and audience.
Mr. Terran Perry, Principal of Garyville Mt. Airy Magnet School, introduced his team: Gillian King Hughes, Asst. Principal; Kirsty Carter, Magnet Specialist; and Charlotte Seymor, Magnet Specialist. Mr. Perry shared their school’s motto: All We Do Is Win and also shared their accomplishments and goals through a video, with the board and audience.
ITEM 6. PERSONNEL MATTERS
ITEM 6a. Ms. Page Eschette – Request approval of new job description: TAP Master Teacher
MOTION BY: Wise
SECOND BY: Jones
MOTION: To approve the new job description: TAP Master Teacher
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
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ST. JOHN PARISH SCHOOL SYSTEM
JOB DESCRIPTION
JOB TITLE: TAP Master Teacher
REPORTS TO/EVALUATED BY: Professional Development Coordinator & Principal and Principal Designee
TERMS OF EMPLOYMENT: 9 Months, with annual review
SALARY RANGE: Teacher Schedule and Supplemental Funding Source:
Teacher Incentive Fund Federal Grant
SCOPE OF RESPONSIBLITIES: To support the implementation of the Teacher Advancement Program (TAP) as a district and school improvement model that will drive fundamental changes in classroom teaching of regular education and special education teachers. To provide regular education and special education teachers with high quality job embedded professional development and support that is rigorous, intentional, and aligned with academic expectations and core content that meet individual learning needs of all students, including students with disabilities in their least restricted environment.
For individuals with a disability, hiring decisions will be based on the individual’s ability to perform the essential functions of the job with or without a reasonable accommodation.
PERFORMANCE RESPONSIBILITIES/ESSENTIAL FUNCTIONS
The master teacher assumes an active role as a member of the school leadership team that drives fundamental changes in teaching and learning that promotes student achievement and accomplishes the district and school’s mission.
1. Analyzes student instructional data to identify school/teacher/student learning goals.
2. Develops long-range cluster plans, weekly cluster group meeting records and activities with other members of the leadership team and implements activities that support school improvement plan (SIP).
3. Develops and implements and monitors the School Improvement Plan (SIP)/school academic achievement plan.
4. Monitors goal setting, activities, classroom follow-up and goal attainment for cluster groups, individual teacher growth plans, and student growth targets.
5. Assists in creating partnerships with parents/caregivers and communities by providing clear and timely information regarding school/student expectations and ways that they can help schools achieve their school performance growth targets.
6. Conducts classroom observations/evaluations and conferences with the regular education teachers and special education teachers.
7. The TAP master teacher takes an active role in assisting the instructional staff (regular education and special education teachers) with the content and process of providing learning experiences for students, including students with disabilities.
8. Uses student instructional data to provide appropriate instruction, interventions, and remediation for students.
9. Provides high quality professional development and training to regular and special education teachers that are rigorous, intentional, and aligned with academic expectations and core content.
10. Conducts appropriate field testing of strategies/interventions before presenting to regular and special education teachers.
11. Leads weekly cluster meetings for regular and special education teachers on proven strategies and interventions to meet the individual needs of students.
12. Provides appropriate follow-up in the classroom.
13. Oversees groups of regular and special education teachers (clusters) in developing goals, providing instructional interventions with proven results, facilitating teacher proficiency with new strategies through classroom-based follow up, and ensuring that the progress of teacher skill development is aligned with changing student learning needs.
14. Provides support in the form of observation/feedback, model teaching, demonstration lessons and/or team teaching following cluster learning.
15. The TAP master teacher engages in growth opportunities and creates and sustains partnerships with families, colleagues, and communities to accomplish the school’s mission.
16. Engages in self-refection and growth opportunities to enhance individual skills and knowledge needed to support high levels of learning for teachers and students.
17. Functions professionally and harmoniously with parents, school personnel, and students.
18. Serves on task force and decision- making committees when appropriate.
19. Fulfill the requirements as outlined and governed by state and federally funded grants.
20. Maintains accurate, complete, correct records, and submits on time to the appropriate personnel when requested as required
21. Provides for communication with students and parents outside the instructional day as determined by administrative policy.
22. Performs class and duty assignments dependably and punctually.
23. Accepts constructive criticism as an evaluative element of professional and instructional improvement.
24. Exhibits loyalty and maintains a positive attitude in the promotion of the school/system’s goals.
25. Uses grammatically correct written and spoken language.
26. Follows the rules and regulations of the St. John Parish School Board.
27. Notifies the principal promptly in case of absence, and communicates in advance the date of return so that proper provisions can be made.
28. Knows and follows the district’s adopted Code of Discipline.
29. Maintains neat, accurate, current and complete records and reports Attends school regularly and arrives punctually.
30. Displays proper respect for superiors.
31. Maintains the confidentiality of teacher observations.
32. Serves as an acceptable model for students, demonstrates personal and intellectual honesty and respects the rights of others.
33. Makes use of constructive criticism and avoids use of sarcasm, undue criticism, inappropriate language and behavior, and use of racial and/or ethnic slurs when dealing with others.
34. Accepts other duties as may be assigned which are related to the scope of the job.
WORK ENVIRONMENT
The TAP Master Teacher is required to: 1) work in an office type setting, climate controlled environment adhering to school board energy policy; 2) sometimes work evenings, weekends, and holidays as required by job responsibilities and supervisors; 3) often visit schools and attend meetings in various locations locally and outside the parish.
COMMUNICATION SKILLS
The TAP Master Teacher must be able to: 1) communicate in English both orally and in writing; 2) have ability to accurately give and receive information via telecommunication system; 3) communicate successfully and pleasantly with the public; 4) accurately compile data, summarize information and provide written reports to supervisor; 5) have ability to represent school system at various public functions.
PHYSICAL INVOLVEMENT
Sitting is required most of each work day. Must be able to operate office equipment. Standing, walking, reaching, bending, lifting up to 10-50 pounds is sometimes required. Ability to provide own transportation to schools, work locations, and meeting sites. Mobility skills necessary to access a variety of work locations.
MENTAL INVOLVEMENT
The TAP Master Teacher must: 1) understand and interpret written and verbal instructions from supervisor; 2) must be able to work independently with minimal supervision; 3) have ability to manage, direct, supervise and evaluate staff; and 4) comply with federal, state, and parish regulations.
HUMAN RELATIONS INVOLVEMENT
The TAP Master Teacher must be: 1) able to work compatibly in group settings; 2) able to respond positively to supervision and to accept suggestions for improvement; 3) able to use resourcefulness, tact, and sensitivity in meeting and assisting persons who make inquiries about federal and state programs as well as work positively with other departments.
MINIMUM QUALIFICATIONS
Education/Certification – Master’s degree or Type A/ Level 3 preferred or 10 years teaching experience with a Louisiana teaching certificate.
EXPERIENCE
Five years of successful professional experience. Preferred experience in the Teacher Advancement Program (TAP) and/or National Institute for Excellence in Teaching (NIET) best practices with an emphasis on group facilitation, planning, problem solving coaching, and other leadership proficiencies.
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ITEM 6b. Ms. Page Eschette – Request approval of Policy: JBCD
MOTION BY: Jack
SECOND BY: Johnson
MOTION: To approve the Revised Policy: JBCD
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
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JBCD: STUDENT TRANSFER AND WITHDRAWAL
SCHOOL ZONE TRANSFERS
Every student attending a school in the St. John the Baptist Parish School System shall attend the school which is located in the school district boundaries in which their parents, custodial parent, guardian or any person or persons having legal custody of said student is legally domiciled. Documentation regarding legal residence shall be based on submission of appropriate proof, such as a utility bill.
No student shall be allowed to attend and be enrolled in a school in another district except under the following circumstances:
1. Specialized academic or vocational curriculum such as special education, not offered in the district of residence
2. Graduating seniors who have attended the receiving district for at least the previous two years.
3. The health of the student is in jeopardy, and a letter from a physician certifying the medical necessity is presented.
4. The safety of the student is in jeopardy.
5. A parent of a student seeking transfer is employed by the transferee school district.
6. Other extreme and undue hardship acceptable to both the superintendent of the transferee and the transferor school districts.
In any instance however, transfers that have the cumulative effect of reducing desegregation in the district or in any school in the district shall be disallowed.
If any parents, custodial parent, guardian or any person or persons having legal custody, under a court order, of a student desire(s) to have this student attend and be enrolled in a school located outside of their normal attendance district, they shall make a written request to the Supervisor of Child Welfare and Attendance, giving their name and relation to said student, their legal domicile, the school in which the student would normally enroll, the school to which they would like the student to transfer and the reasons why the child should like to transfer. A copy of this written request shall be given to the principal of the school in the student's attendance zone, and to the principal of the school which the student would like to attend. The two (2) principals shall provide any comments they may have concerning said request to the Supervisor of Child Welfare and Attendance within two (2) days from receipt of a copy of the request.
If the reasons for the request satisfy one of the above mentioned exceptions and does not adversely impact the educational consideration of the student, nor the two (2) affected schools, the request shall be granted within two (2) days. Otherwise, the request shall be denied. The reasons for the denial shall be given in writing, within two (2) days, to the person making the transfer request. If the person making the request does not believe the request was justly denied, they may make a written request to the Superintendent to review the denial. This request shall be made within two (2) days of the receipt of said written reasons for denial.
If requested, the Superintendent shall review the request for transfer and may grant such request, and notify the person making the request, within two (2) days, if in his/her determination, one of the above mentioned exceptions has been satisfied and said transfer can be made without adversely impacting the educational considerations of the student or the two (2) affected schools. Otherwise the request shall be denied. The reasons for the denial shall be given in writing, within two (2) days, to the person making the request. If the person making the request does not believe the request was justly denied by the Superintendent, they may make a written request to have the School Board review the Superintendent's denial within two (2) days of the receipt of said written reason for denial. The Superintendent shall place this matter on the agenda at the next regularly scheduled School Board meeting.
The School Board shall review this matter at said meeting and shall advise the person requesting the review of their decision to grant or deny the transfer request in writing within five (5) days from the date the matter was reviewed.
The School Board shall not provide transportation to students whose parents voluntarily opt to send their child to a school outside of their attendance zone.
Employees of the St. John the Baptist Parish School Board may enroll their children in the school in which they work.
MAJORITY TO MINORITY STUDENT TRANSFER
The school district shall permit a student attending a school on the East Bank, in which his/her race is in the majority, to choose to attend another school on the East Bank where space is available, and where his/her race is in the minority. The school district shall provide transportation to any such student.
The school district shall permit a student attending a school on the West Bank in which his/her race is in the majority to choose to attend another school on the East Bank where space is available, and where his/her race is in the minority. The school district shall provide transportation to any such student with the understanding that the school district cannot be held responsible should circumstances beyond its control exist which prevent the student from reaching school on time.
TRANSFERS FROM EAST ST. JOHN HIGH SCHOOL TO WEST ST. JOHN HIGH SCHOOL
The School Board shall permit students entering grade 9 at East St. John High School to request a transfer to West St. John High School. Applications for transfer shall be submitted by May 1 to the Supervisor of Child Welfare and Attendance. Should any student granted such a transfer wish to transfer back to East St. John High School, he/she shall be required to submit an application for such as required for all transfers.
Should a large number of students request to transfer from East St. John High School to West St. John High School, a lottery process shall be used to randomly select the students who may transfer.
Students permitted to transfer shall provide their own transportation and all attendance and tardy policies shall be applicable.
WITHDRAWAL
Students shall be required to attend school in accordance with statutory provisions. Students may be permitted to withdraw from school however, if approved by the Superintendent and Board. Such withdrawal must be in accordance with such rules and regulations as may be prescribed by the Board.
Revised: August, 1991
Revised: August, 2001
Revised: April, 2009
Revised: December 2, 2010
Revised: March, 2015
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ITEM 6c. Ms. Page Eschette – Introduction to New/Modified Policies: GBRJ, DIEA, GBD, EBBG, GBL, BE, DJE, EBBH, IDDF, GBK, FGG, FGA
This item was for introduction only.
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GBRJ: SUBSTITUTE PERSONNEL
SUBSTITUTE TEACHERS
The St. John the Baptist Parish School Board shall require the compilation of a list of qualified individuals to serve as day-by-day substitute teachers within the school district. Each school's list of substitute teachers shall be submitted to the central office no later than the twentieth (20th) day of school and include proper employment criteria, including verification of teachers' qualifications and certification. All substitute teachers shall be required to attend a one (1) day training session.
Principals or their designated representatives shall call substitute teachers from the approved list in case of absence of a regular teacher. It shall be the responsibility of the principal and the regular teacher to ensure that the substitute teacher has the necessary instructions and materials to teach effectively, including textbooks, lesson plans, class rolls, schedules and an outline of local school procedures.
Retired teachers may be employed as substitute teachers provided that use of retired teachers as substitutes is in accordance with the rules and regulations established by the Teacher's Retirement System of Louisiana and pertinent statutory provisions.
Qualified teachers may also be selected to substitute for teachers who plan to be absent for long periods of time. Provisions shall be made for the hiring of, or contracting with applicable substitute teachers in these instances as developed by the Superintendent and staff.
A teacher on sabbatical leave shall not be hired as a substitute.
Compensation paid to substitute teachers shall be based upon the degree status of the substitute in accordance with a pay schedule as set by the School Board. Pay for teachers who are hired on a day-by-day or as an appointed (long term) substitute basis shall begin with the first actual day worked.
Any school employee whose job does not require a teaching certificate who performs work as a substitute teacher for more than a single class period shall be compensated for that time at the rate of a substitute teacher. The principal or his/her designee shall authorize the school employee to act as a substitute teacher prior to the employee’s participation in the classroom as a substitute, and shall verify the hours as a substitute teacher for payroll purposes.
SUBSTITUTES FOR SUPPORT PERSONNEL
The School Board shall require the maintenance of a list of properly qualified and approved substitute personnel eligible to substitute for support personnel absent from work. Only persons approved by the School Board shall be eligible for employment as substitutes. Appropriate judgment as to actual need should be exercised before employment of a substitute for support personnel.
Bus Operators
The Transportation Supervisor shall maintain a qualified substitute bus operator list. The substitute bus operator list shall be updated as changes occur.
A substitute bus operator who accepts a route and then elects not to accept the job, shall lose his/her seniority and be moved to the bottom of the list.
A substitute bus operator may only be used as a temporary resource until a permanent operator is appointed to the route. A substitute bus operator may not drive a route for a period that exceeds the end of the school semester of the school year during with the operator began driving the route.
A substitute bus operator shall be paid a daily rate as approved by the School Board, but in no case less than sixty-five percent (65%) of the daily rate of pay being paid the regular bus operator, to be computed by dividing the annual pay of the regular operator by the number of school days in the regularly scheduled session, exclusive of any compensation or mileage allowance for use of a privately owned bus.
Revised: October, 1997
Revised: June, 1998
Revised: July, 1999
Revised: February, 2007
Revised: October 18, 2012
Revised: September, 2014
Ref: La. Rev. Stat. Ann. §§11:708, 11:710, 11:791, 17:81, 17:84, 17:419.3, 17:493.1, 17:500, 17:1202, 17:1212, 17:1213, 17:1216, 17:1217; Board minutes, 2-2-95, 12-17-98, 11-16-06, 10-18-12.
NEW POLICY:
DIEA: PRESERVATION OF SCHOOL BOARD RECORDS DUE TO LEGAL ACTION
The St. John the Baptist Parish School Board recognizes that circumstances occur where the normal and routine retention, disposal, and/or destruction of records must be suspended according to federal and State requirements and St. John the Baptist Parish School Board policy. Present and future records that are involved in litigation, or reasonably anticipated in foreseeable legal action, shall be preserved until the Superintendent releases the hold on such records. Such preservation of records shall apply to all School Board records owned or otherwise controlled by the School Board and all faculty, staff, administrators, School Board members, contractors or anyone else having access to School Board technology resources. The Superintendent or his/her designee shall be authorized to implement the necessary administrative regulations and procedures for governing and monitoring the preservation of School Board records due to legal action being taken or for potential legal action.
DEFINITIONS
Records – The term records shall include all records, whether in electronic or paper form, created, received, or maintained in the transaction of School Board business. Such records may include, but are not limited to, paper records and electronic records transferred and/or stored by or on behalf of the School Board using the School Board’s technology resources. Electronic records may exist in a wide variety of formats, including, without limitation, text documents, spreadsheets, presentations, HTML documents, digital images, email messages, databases, voicemails and other digital recordings.
Technology Resources – The term technology resources shall mean telecommunications equipment, transmission devices, electronic video and audio equipment, computers, data processing or storage systems, storage media, computer systems, servers, networks, programs, and/or computer-driven or web accessible software that is owned or operated by the School Board.
Preservation of Records – The term preservation of records shall mean an order or notice to cease destruction or disposal and to preserve all records pertaining to the nature or subject of the preservation (to place a “hold” on such record).
PRESERVATION OF RECORDS
Notwithstanding School Board policies or procedures to the contrary, School Board records, whether in paper or electronic form, pertaining to any pending or anticipated legal claim against the School Board shall be preserved and maintained until the legal claim, whether litigation or other legal proceeding, is finally concluded. It shall be the responsibility of the Superintendent, or his/her designee(s), to ensure that appropriate holds on any relevant records are timely implemented and monitored and that affected School Board personnel are given timely notice of their responsibility to preserve School Board records pertaining to any pending or anticipated legal claim until the legal proceeding is finally concluded. The Superintendent shall maintain regulations and procedures that provide for the preservation and maintenance of such records.
Generally, the preservation obligations do not extend to back-up tapes or other media which are maintained solely for disaster recovery. In the event that the Superintendent determines that relevant electronic records can only be obtained via backup tapes or other media maintained for disaster recovery, the School Board may undertake, if reasonable to do so, efforts to extract the pertinent records and separately maintain them until conclusion of the legal proceeding.
The Superintendent shall determine and communicate to affected School Board personnel when a preservation order may be lifted and records are no longer need to be on hold pursuant to the preservation order.
VIOLATIONS
Violations of this policy and any administrative regulations and procedures implemented pursuant to this policy shall subject personnel to disciplinary action up to and including dismissal in accordance with applicable federal and state law and School Board policy.
New policy: June, 2016
Ref: Fed. Rules Civ. P., Rules 34, 37; La. Rev. Stat. Ann. §17:81.
GBD: EMPLOYMENT OF PERSONNEL
The St. John the Baptist Parish School Board and its administrative staff believes that it has an obligation to provide the children attending its schools with the very best personnel available regardless of race, color, creed, sex, age, national origin or any similar personal characteristic. Age shall be considered only with respect to minimums set by law.
St. John the Baptist Parish School Board hereby assures compliance with federal and state statutory provisions, that no person in the United States shall on the basis of age, be excluded from participation, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the St. John the Baptist Parish School Board received federal financial assistance from the Louisiana Department of Education:
1. Applications will be accepted from all individuals who apply for positions regardless of age, except no person under eighteen years of age shall drive a school bus having children therein en route to or from school or a school function;
2. No individual who is at least forty (40) years of age or over will be rejected for any position because of his/her age; and,
3. No individual who is at least forty (40) years of age or over will be discharged, or forced to retire because of his/her age.
The Superintendent or his/her designee shall be responsible for establishing and maintaining appropriate procedures for reviewing and evaluating any and all applicants for selection, including administrative and supervisory personnel, and assuring adherence to applicable state and federal legal requirements. Selection of personnel to fill all positions shall be based upon performance, effectiveness, and qualifications applicable to each specific position. Decisions shall be made on a non-discriminatory basis with selection procedures and evaluative criteria known to all applicants. Applicants should not resort to the use of political, social, or other pressures to gain employment or promotion.
Teachers and all other personnel shall be selected for employment by the Superintendent. It shall be the responsibility of the Superintendent to ensure that all persons recommended have proper certification where applicable, and are qualified for the position. Seniority and tenure shall not be used as the primary criteria when making any employment decision.
The Superintendent shall delegate to the school principal all decisions regarding the employment of any teacher or other personnel at the school in which the principal is employed, subject to the approval of the Superintendent.
The Superintendent and/or his/her designee shall consult with teachers regarding any possible selections made by the Superintendent for the hiring or placement of a principal at the school in which such teachers are employed, subject to the provisions of any applicable court order.
BUS DRIVERS
Whenever a school bus operator is needed to drive a new route or a route vacated by a previous operator, the school bus operator who is tenured and has acquired the greatest seniority shall be offered the opportunity to and may change from driving his/her route to the vacant route before another operator is selected. If the tenured bus operator with the greatest seniority chooses not to change to the vacant route, the route shall then be offered in order of seniority to a school bus operator who has acquired tenure.
If no tenured operator chooses to change to the vacant route, the route shall then be offered to a full‑time probationary bus operator.
If no regular bus operator, tenured or probationary, chooses to change to the vacant route, then a substitute bus operator shall be selected for the position from a list of approved substitute school bus operators. If no tenured, probationary, or substitute bus operator wants the route, then a new driver shall be hired.
Whenever a school bus operator owning his/her own bus retires, a vacated route shall be offered first to any person meeting the requirements of the School Board who is willing to acquire the bus of the retiring operator at full appraised value. This provision shall be applicable only when the bus owned by the retiring operator has been manufactured within a period of five (5) years immediately prior to the operator's retirement and the operator is retiring due to a documented physical disability.
The Superintendent may select an operator to fill a vacant route using a different process than outlined above, but only if the School Board is required to bear an increase in the unreimbursed costs for nonpassenger miles over those attributable to the previous operator who vacated the route.
Whenever a vacancy occurs on a route due to death, resignation, retirement, or the expiration of the regular operator's approved leave, or a new route is established, the route shall be filled with a regular school bus operator using the process stated above no later than the following school year unless the route is consolidated or eliminated. A substitute bus operator may only be used as a temporary measure until a permanent operator is appointed to a route.
If an operator is on approved leave, his/her route shall not be considered a vacant route. A substitute shall be used to drive a route for an operator on approved leave regardless of the length of time of the approved leave.
Substitute drivers for bus routes shall have and shall meet the same qualifications as regular drivers.
FEDERAL OR STATE GRANT FUNDED POSITIONS
Whenever the School Board is the recipient of grants from federal, state or private funding agencies for supplementing and/or funding of innovative educational strategies, long range planning, and special supportive services, such grants may fund staff positions related to the grants. Grant-funded positions may be full-time or part-time positions established for specific periods of time, not to exceed the scheduled termination date of the applicable grant funded. The letter of appointment sent to an employee for grant-funded positions shall state that continuation of the employee’s service in that position shall be contingent upon the continuing availability of funds from the applicable grant funding source.
Revised: December, 1990 Revised: September, 2006
Revised: December, 1992 Revised: September, 2008
Revised: November, 1993 Revised: October 15, 2009
Revised: March, 1995 Revised: October 18, 2012
Revised: November, 1995 Revised: June, 2016
Revised: December, 1995
Revised: October, 1997
Revised: June, 1998
Revised: July, 1999
Revised: October, 2001
Revised: August, 2002
Revised: June, 2003
Revised: August, 2005
Ref: La. Rev. Stat. Ann. §§17:81, 17:81.9, 17:413, 17:493.1, 23:897; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 10-5-95, 2-4-99, 7-1-99, 8-17-00, 10-15-09, 10-18-12.
EBBG: HAZARDOUS SUBSTANCES
The St. John the Baptist Parish School Board, in its efforts to contain and control the dangers of hazardous substances, authorizes the Superintendent or his/her designee to establish and maintain administrative regulations and procedures which address the purchase, storage, handling, use, transportation, and disposal of hazardous materials for all school facilities and operations including instructional areas. Emergency response actions and evacuation plans shall also be coordinated with the procedures.
Administrative regulations and procedures shall be in compliance with all applicable federal and state laws and regulations which pertain to the safe and proper storage, transportation, and disposal of hazardous materials.
PESTICIDES
The St. John the Baptist Parish School Board recognizes that the exposure of school children to pesticides poses known and unknown risks to their health and well-being. Therefore, the School Board shall prepare or cause to be prepared, and submit to the Department of Agriculture and Forestry on or before August first of each year a single comprehensive integrated pest management plan for all schools under its jurisdiction that applies integrated pest management strategies of pest prevention methods and strongly recommends the least toxic methods of control for grass and weed control, and rodent and general pest control in, on or around school structures and grounds. Any deviation from the submitted annual pest management plan shall be delivered in writing to the Director of Pesticide and Environmental Programs, Department of Agriculture and Forestry no later than twenty-four (24) hours prior to any pesticide application. Records of inspections, identification, monitoring, evaluations, and pesticide applications shall be maintained by the schools and submitted with the annual pesticide management plan to the department annually.
In addition to a comprehensive pest management plan, the School Board, in accordance with statutory provisions shall:
1. Assure that the application of any herbicide, rodenticide, insecticide or restricted use pesticide, in, on, or around structures or grounds of schools that provide education to pre-kindergarten through twelfth grade classes shall be done by or under the supervision of a certified commercial applicator.
2. Require each school to maintain a hypersensitive student registry listing the names of students whose parents have submitted a written statement to the school which shall include but not be limited to the student's name and address, parent's or guardian's signature, name and address, and a written medical verification by a licensed physician which includes the physician's signature, name and address.
3. Require that schools shall use, whenever possible, the least toxic method of pest control. The least toxic method of pest control may include methods other than the application of pesticides. A restricted use pesticide shall be applied to a school building or on school grounds only during periods in which students are not expected to be present for normal academic instruction or organized extracurricular activity for at least eight (8) hours after the application.
4. Require each school to keep a written record of restricted use pesticides used to control pests, with an entry of pertinent information about the application being recorded after each application. The written record shall be kept in each school and shall be available for inspection during school hours.
5. Employ at least one (1) certified commercial applicator if the system has less than ten (10) schools or at least two (2) certified commercial applicators if the system has ten (10) or more schools.
Revised: March 17, 2016
Revised: June, 2016
Ref: La. Rev. Stat. Ann. §§3:3381, 3:3382, 3:3383, 3:3384, 3:3385, 3:3386, 3:3387, 3:3388, 3:3389; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 3-17-16.
GBL: TENURE
TEACHERS
A teacher who has acquired tenure before September 1, 2012 shall retain tenure, subject to the provisions of state law. Effective beginning on July 1, 2012, a teacher shall be rated highly effective for five (5) years within a six-year period pursuant to the Personnel Evaluation Plan adopted by the School Board in accordance with La. Rev. Stat. Ann. ''17:3881 through 3905, to be granted tenure. The Superintendent shall notify a teacher, in writing, when tenure has been awarded and the teacher shall be deemed to have acquired tenure on the date specified therein.
A tenured teacher who receives a final performance rating of ineffective pursuant to the teacher’s annual evaluation shall lose his/her tenure and all rights related thereto immediately upon exhaustion of the grievance procedure outlined in §317 of Bulletin 130, Regulations for Evaluation and Assessment of School Personnel set forth in the personnel evaluation plan adopted by the School Board, unless the ineffective performance rating is reversed. Such ineffective rating shall constitute sufficient grounds for disciplinary action pursuant to La. Rev. Stat. Ann. §17:443. If a teacher is found highly effective based on the evidence of the growth portion of the evaluation but is found ineffective according to the observation portion, within thirty (30) days after such finding, the teacher shall be entitled to a second observation by members of a team of three (3) designees, chosen by the Superintendent, which shall not include the principal.
A teacher who loses tenure shall reacquire tenure if the teacher receives a performance rating of highly effective for five (5) years within a six-year period subsequent to receiving an ineffective rating.
Teachers Paid with Federal Funds
A teacher paid with federal funds shall not be eligible to acquire tenure, nor shall time spent in employment paid with federal funds be counted toward the time required for acquisition of tenure.
CONTRACT APPOINTEES
Any teacher who has acquired tenure and is promoted to a higher salaried position shall not be eligible to gain tenure in the position to which promoted, but shall retain any tenure acquired as a teacher.
Any person hired under a performance contract shall not be eligible to gain tenure.
BUS OPERATORS
La. Rev. Stat. Ann. '17:492 specifies that bus operators shall serve a probationary term of three (3) years reckoned from the date of first employment with the School Board, provided bus operators personally operate and drive the school bus they are employed to operate. Upon absence of notification of dismissal by the School Board within the probationary period, the bus operator shall be granted tenure at the end of the probationary term. School bus operators hired on or after July 1, 2012 shall not be granted tenure.
SCHOOL EMPLOYEES
No tenure is granted by law or School Board policy to school employees of the St. John the Baptist Parish School Board. School employee shall be defined as any employee whose job description does not require the holding of a teaching certificate or who is not employed as a bus driver.
Revised: November, 1985
Revised: October 18, 2012
Revised: September 4, 2014
Revised: June, 2016
Ref: La. Rev. Stat. Ann. §§13:3204, 17:82, 17:441, 17:442, 17:443, 17:444, 17:522, 17:525, 17:1213, 17:1217, 17:3881, 17:3882, 17:3883, 17:3884, 17:3901, 17:3902, 17:3903, 17:3904; Board minutes, 10-18-12, 9-4-14.
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 School Board members, as well as other designated officials, shall be in accordance with state law.
ETHICS EDUCATION AND TRAINING
All School Board members and employees shall be required to receive a minimum of one (1) hour of education and training on the Louisiana Code of Governmental Ethics annually. Education and training shall be provided by employees of the Louisiana Board of Ethics or others authorized to provide such training by the Louisiana Board of Ethics, and shall be administered through seminars or via the Internet.
GIFTS
Acceptance of personal gifts by any School 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 School 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, as excepted below shall recuse himself from any decision involving the promotion or assignment of teaching or service location of such employee.
1. Any member of the immediate family of any School Board member or the Superintendent may be employed as a classroom teacher provided that such family member is certified to teach or is temporarily authorized to teach while pursuing certification.
2. Any immediate family member of a member of the School Board or the Superintendent may be promoted, if the person receiving the promotion is employed as a certified classroom teacher, provided that such family member has the appropriate qualifications and certifications for such position. (moved to number 3)
For any School Board in a parish having a population of fewer than sixty thousand (60,000) according to the latest federal decennial census, any member of the immediate family of any School Board member or of the Superintendent may be employed 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 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. (moved from number 3)
3. For any School Board in a parish having a population of fewer than sixty thousand (60,000) according to the latest federal decennial census, any member of the immediate family of any School Board member or of the Superintendent may be employed 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 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. (moved to number 2)
Any immediate family member of a member of the School Board or the Superintendent who is employed pursuant to paragraphs 1 or 2 abovemay be promoted to an administrative position if the person receiving the promotion is employed as a certified classroom teacher, provided that such family member has the appropriate qualifications and certifications for such the promotional position. For the purposes of such promotions,the term certifications shall not include any temporary or provisional certification or certifications. (moved from number 2)
4. An immediate family member of an athletic director of a school may be employed as a coach at such school.
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 School 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 School Board, contract with, be employed in any capacity by, or be appointed to any position by the School 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.
FEDERAL GUIDELINES: CONFLICT OF INTEREST
In addition to other ethics provisions, in receiving federal funds the School Board shall ensure compliance with federal guidelines covering conflict of interest and governing the actions of officers and employees engaged in the selection, award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict may arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in, or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the School Board shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to contracts.
Employees and volunteers shall be required to report any actual, possible, or perceived conflict of interest which they or others have, or may have, to their immediate supervisor as soon as they become aware of the conflict. A School Board member shall report the perceived conflict of interest to the Superintendent and School Board attorney.
Anyone who engages in activities that violate these provisions, including failure to disclose a conflict of interest, may be subject to disciplinary action up to and including termination of employment, and/or other appropriate sanctions.
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.
Revised: November, 1999 Revised: December 2, 2010
Revised: August, 2003 Revised: September 22, 2011
Revised: September, 2006 Revised: October 18, 2012
Revised: April, 2009 Revised: March 17, 2016
Recoded: January, 2010 Revised: June, 2016
Ref: 2 CFR 200.318 (General Procurement Standards); La. Rev. Stat. Ann. ''17:81, 17:428, 42:1101, 42:1102, 42:1112, 42:1115, 42:1115.1, 42:1116, 42:1119, 42:1120, 42:1121, 42:1123, 42:1170; Board minutes, 4-2-09, 12-2-10, 9-22-11, 10-18-12, 3-17-16.
DJE: PURCHASING
All purchasing for the school system to be paid from St. John the Baptist Parish School Board funds shall be made by the Superintendent or his/her designee in conformance with existing regulations and procedures of the School Board and the laws pertinent to state and federal agencies. Budget allocations for specific purposes shall constitute advance School Board approval for all purchases except in such cases as state law or School Board policy may require. No debt shall be contracted in the name of the St. John the Baptist Parish School Board without action by the School Board, except those items which are provided for in the regular budget. Purchases shall be made at the lowest possible cost to the school system consistent with the system specifications of quality and service.
Each principal shall assure that purchases by the individual school shall be made in accordance with regulations and procedures developed by the Superintendent and staff.
No employee, officer or agent of the St. John the Baptist Parish School Board shall participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, would be involved. The St. John the Baptist Parish School Board's employees shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.
LOCAL PURCHASING
The St. John the Baptist School Board desires to support local businesses, and they shall direct any and all persons responsible for purchasing in the school system to first prioritize local businesses when soliciting pricing for any and all goods and/or services purchased for the school system.
The School Board shall also require that any and all persons responsible for purchasing document their contacts in contact order. With regard to purchases under $2,000, purchasers are to use local businesses if available and document unavailability if using non-local businesses. With regard to quotes for purchases ($2,000 to $20,000), contact order is to be indicated on quote sheets. With regards to bids for purchases ($20,000+), contact order is to be indicated on bid list sheets.
VENDORS
Vendors may set up an appointment to see the principal with written prior approval from the Superintendent. The principal may present the information to the appropriate staff member. If the staff member wishes to set up an appointment with the vendor to discuss products offered, he or she may do so.
FINANCING PURCHASES
The School Board may finance the purchase of equipment or other movable property to be used by the School Board by entering into an installment sale, lease, or similar agreement with any lender or other person. Such agreement shall be subject to approval of the State Bond Commission in accordance with statutory provisions. No individual school or employee shall obligate the School Board without proper school system personnel knowledge and approval.
SCHOOL DISTRICT PURCHASING COOPERATIVE QUALIFIED GROUP PURCHASING ORGANIZATIONS
A qualified group purchasing organization means an organization, whether for profit or not for profit, of which two (2) or more public school districts are members and which solicits proposals or bids from vendors of services, materials, equipment, or supplies of the type and nature as may be purchased by a public school district or public school.
The School Board, as a member, may participate in a school district purchasing cooperative enter into an agreement with: (A) one or more School Boards to form a qualified group purchasing organization; or (B) one or more qualified group purchasing organizations for the purchase of services, materials, equipment, and supplies, including installation thereof. Any such agreement shall require that the qualified group purchasing organization submit a price list for those materials and supplies offered by it and that the prices quoted on the list remain in effect for a stated period of time of not less than three (3) months. Any such price list shall be considered, for all purposes, to be a valid and binding bid by the qualified group purchasing organization during the effective period of the agreement, and no additional bid by the qualified group purchasing organization is necessary.
In accordance with solicitations, bids, or proposals put forth by the school district purchasing cooperative, The School Board may purchase services, equipment, materials, and supplies at the prices selected by the cooperative from a qualified group purchasing organization if the price for such equipment is less than that for the same or substantially similar equipment on the state bid list.
SOLE SOURCE PROVIDER
The School Board may award a contract for the purchase of supplies, services, or major repairs without competition when the Superintendent or designated employee has determined, in writing, that there is only one source for the supply, service, or major repair item(s) to be acquired. Pertinent procedures for purchasing such items from a sole source shall be as outlined in the State of Louisiana Office of State Purchasing's Purchasing Rules and Regulations.
USE OF STATE CONTRACT
If equipment, materials or supplies are available from a State of Louisiana Contract, the Superintendent and/or his/her designee may approve the purchase without using one of the purchasing procedures outlined in statutory provisions, if advantageous to the School Board. The School Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions.
COMPETITIVE ONLINE SOLICITATION
The School Board may use a reverse auction or competitive online solicitation process on the Internet for the purchase of equipment, supplies, and other materials in lieu of the more formal bid process when the School Board’s procurement officer determines that the electronic bidding is more advantageous and in the best interests of the School Board.
Prior to the use of a competitive online solicitation process, the School Board may require that:
1. Vendors register before opening dates and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.
2. Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.
3. The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the structure of the item being bid.
4. At the opening date and time, the School Board shall begin accepting online bids and continue accepting bids until the bidding is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.
5. Bidders’ identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.
6. All bids shall be posted electronically and updated on a real-time basis.
7. The School Board shall retain the right to cancel the solicitation if it determines that it is in the Board’s best interest.
8. The School Board shall retain its existing authority to determine the criteria that will be used as a basis for making awards.
Adequate public notice for purchases using a reverse auction or competitive online solicitation process shall be given as follows:
1. The advertisement or notice shall be published two (2) times in a newspaper in the locality, the first advertisement to appear at least fifteen (15) days before the opening date of the reverse auction. In addition to the newspaper advertisement, the School Board may also publish an advertisement by electronic media available to the general public.
2. The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The St. John the Baptist Parish School Board is dedicated to serving the community, including small businesses seeking opportunity for growth. The School Board’s Disadvantaged Business Enterprise (DBE) program intends to help local and small disadvantaged businesses compete in and obtain School Board contracts. The School Board shall assure that all DBE certified businesses who apply to be qualified to bid on School Board contracts are given equal access and assistance to successfully participate in School Board contracts regardless of race, color, national origin, gender identity, sex, age, disability, marital status, sexual orientation, religion or veteran status.
Participation in the DBE program shall be in accordance with the guidelines established by the School Board.
PURCHASE OF BAND UNIFORMS
It shall be the policy of the St. John the Baptist Parish School Board to purchase basic band uniform sets for the high and junior high schools of the school system that have bands. Each of these schools shall be entitled to a set of uniforms equal to the number of students in the band for the preceding year plus an additional ten percent to allow for growth and sizing. The maximum number of uniform sets purchased for any school shall be 110 (band size of 100 students). The uniform sets shall be purchased on a ten-year revolving cycle. Initially the School Board will pay the entire cost of the uniform sets. In subsequent purchases, the School Board will fund only $300 per uniform set, if funds are available. This amount shall be adjusted according to the Consumer Price Index. Costs exceeding this limit shall be the responsibility of the school. The school may choose to reduce the quantity of the uniform sets to affect a cost equal to or lower than the limit.
Each school shall be totally responsible for the upkeep and perpetual inventory of its uniform sets during the years between purchases.
The uniform sets shall be purchased in the following rotation order:
East St. John High School
West St. John High School
Lake Ponchartrain School
Revised: November, 1999
Revised: January, 2000
Revised: February, 2004
Revised: November, 2011
Revised: November, 2014
Revised: December, 2014
Revised: May 7, 2015
Revised: September, 2016
Ref: La. Rev. Stat. Ann. ''33:4712.7, 38:2211, 38:2212, 38:2212.1, 38:2214, 38:2218, 38:2219, 38:2271, 39:1551, 39:1552, 39:1553, 39:1554, 39:1554.1, 39:1556, 39:1557, 39:1558, 39:1597, 39:1710; Board minutes, 9-1-94, 11-18-99, 11-6-03, 9-4-14, 5-7-15.
EBBH: USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
The St. John the Baptist Parish School Board directs that if funding is available, each high school that participates in interscholastic athletics shall have an Automated External Defibrillator (AED) on its premises. Each high school shall have the authority to accept donations of AEDs or funds to acquire AEDs.
In schools which have an AED on site, any expected AED user (those designated by the Superintendent or principal to render emergency care at that school) shall receive appropriate training in the use of AEDs from any nationally recognized course in cardiopulmonary resuscitation (CPR) and AED use. All training of personnel in the use of AEDs shall be fully documented.
The School Board shall notify the Department of Health and Hospitals and a local provider of emergency medical services (such as a 911 service, local ambulance service, or fire department) of the acquisition, location, and type of any AED device.
This policy shall not create an obligation to use an AED, nor is it intended to create any expectation that an AED will be present or that a trained employee will be present and/or able to use an AED, if a condition arises making the use of an AED beneficial.
In addition to the civil immunity provided to persons rendering emergency assistance as provided by law, any person or entity which provides training in CPR and in the use of an AED and any expected AED user shall not be liable for any civil damages arising from any act or omission of acts related to the operation of or failure to operate an AED that do not amount to willful or wanton misconduct or gross negligence.
New policy: March 21, 2013
Revised: September, 2016
Ref: La. Rev. Stat. Ann. ''9:2793, 17:81, 40:1137.3, 40:1236.12, 40:1236.13; Board minutes, 3-21-13.
IDDF: EDUCATION OF STUDENTS WITH EXCEPTIONALITIES
The St. John the Baptist Parish School Board shall make available a free appropriate public education in the least restrictive educational environment to each 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 to eligible children with exceptionalities under three years of age. Generally, identified children shall be screened and evaluated to determine eligibility to receive special education and related services. If it is determined through the evaluation process that a child has a disability and, by reason thereof, needs special education and related services, then the child is classified in accordance with Louisiana’s Pupil Appraisal Handbook, Bulletin 1508, and becomes eligible to receive special education services. All special education services shall be provided to eligible students with exceptionalities in accordance with the regulations outlined in Regulations for the Implementation of the Exceptional Children's Act, Bulletin 1706 and all other applicable federal and state regulations.
The School Board shall establish and maintain policies and procedures in accordance with federal and state laws and regulations 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.
The provisions regarding seclusion and restraint shall not be applicable to a student who has been deemed to be gifted or talented under Bulletin 1508, unless the student has been identified as also having a disability under Bulletin 1508.
Definitions
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 restraintmeans 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 restraintmeans 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 Momentary blocking of a student’s action if the student’s action is likely to result in harm to the student or other person; (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.
Documentation and Notification
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 regarding seclusion and restraint maintained by the Superintendent and staff shall be provided to the Louisiana Department of Education (LDE), all school employees, and every parent of a student identified with a disability under Bulletin 1508.
All instances where seclusion or physical restraint is used to address student behavior of students with disabilities under Bulletin 1508 shall be reported, in accordance with the Louisiana Board of Elementary and Secondary Education (BESE) policy, by the School Board to the Louisiana Department of Education (LDE).
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 LDE.
The written guidelines and procedures shall be posted at each school under the jurisdiction of the School Board, and on the School Board’s website.
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 Program (IEP) team shall review and revise the student’s Behavior Intervention Plan (BIP) to include any appropriate and necessary behavioral supports. Thereafter, if the student’s challenging behavior continues or escalates, requiring repeated use of seclusion or physical restraint practices, the special education director or supervisor or his/her designee shall review the student’s plans at least once every three (3) weeks.
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 (3) 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: September 6, 2012
Revised: October 17, 2013
Revised: September, 2016
Ref: 20 USCA '1400 et seq. (Individuals with Disabilities Education Act); 34 CFR '300 (Assistance to States for the Education of Children with Disabilities); La. Rev. Stat. Ann. ''17:7, 17:416.21, 17:1941, 17:1942, 17:1943, 17:1944, 17:1945, 17:1946, 17:1947; Pupil Appraisal Handbook, Bulletin 1508, Louisiana Department of Education; Regulations for the Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education; Board minutes, 4-2-09, 9-6-12, 10-17-13.
GBK: EMPLOYEE DISCIPLINE
The Superintendent and his/her designee shall possess the authority to discipline employees when an employee's behavior warrants such action. A principal shall have the authority to recommend to the Superintendent when appropriate that employees at the school in which he/she is employed should be disciplined.
Discipline of an employee shall be progressive in nature such that penalties for poor job performance or broken rules become increasingly harsh as similar or related conditions continue or infractions are repeated. Such progressive discipline, however, shall not inhibit the Superintendent’s authority or, in the case of certain employees, the School Board’s authority, to discipline, suspend, or terminate an employee based on the circumstances of any single event. Documentation of employee behavior, employee performance and any disciplinary action taken shall be properly and thoroughly recorded.
Should any disciplinary measure become necessary, any documentation shall be considered confidential and treated in accordance with statutory provisions and School Board policy.
TEACHERS
Hearing procedures are statutorily required for certain disciplinary actions for teachers as defined below. However, such procedures do not prevent the Superintendent and/or principal from taking other disciplinary measures which do not require a hearing, as he/she feels appropriate.
Definitions
For the purpose of this section:
Discipline and disciplinary action shall include only suspension without pay, reduction in pay, involuntary demotion, or dismissal.
Written notice shall be considered given when the notice is hand delivered to the teacher, or on the day it is delivered to the teacher by registered mail, certified mail, or a commercial courier.
Non-Tenured Teachers
The Superintendent may take disciplinary action against any non-tenured teacher after providing such teacher with the written reasons therefor and providing the teacher the opportunity to respond. The teacher shall have seven (7) days to respond, and such response shall be included in the teacher’s personnel file. The Superintendent shall notify the teacher in writing of his/her final decision. The teacher shall not be entitled to a hearing before the School Board.
Within sixty (60) days of such notice, the teacher may seek summary review in district court of whether or not the Superintendent’s action was arbitrary or capricious.
Tenured Teachers
A teacher with tenure shall not be disciplined except upon written and signed charges by the Superintendent or his/her designee of poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if furnished with a copy of such written charges and given the opportunity to respond.
The teacher shall have ten (10) calendar days from written notice of the charges to respond, in person or in writing. Following review of the teacher’s response, the Superintendent may take interim disciplinary action, which may include placing the teacher on paid administrative leave. If the teacher has been arrested for a violation of any of the following: La. Rev. Stat. Ann. §§14:42 through 14:43.5, 14:80 through 14:81.5, any other sexual offense affecting minors, any of the crimes provided in La. Rev. Stat. Ann. §15:587.1, or any justified complaint of child abuse or neglect on file in the central registry pursuant to Children’s Code Article 615, the administrative leave shall be without pay. Paid administrative leave shall not exceed fifty (50) days from notice of the Superintendent’s interim decision.
Within ten (10) calendar days after written notice of the interim disciplinary action or within ten (10) calendar days after receipt of the teacher’s response if no interim disciplinary action is taken, a teacher may request a hearing before a disciplinary hearing officer. If the teacher fails to timely request a hearing, the disciplinary action shall become final.
Upon request for a review hearing, the Superintendent shall randomly appoint a hearing officer from a list of persons previously approved by the School Board as disciplinary hearing officers. If the school district serves fewer than twenty thousand students, the School Board shall maintain a list of at least five (5) hearing officers. If the school district serves twenty thousand students or more, the School Board shall maintain a list of at least ten (10) hearing officers. All hearing officers shall be qualified to serve as a disciplinary hearing officer in accordance with state law. If the School Board fails to maintain such a list, the Superintendent may randomly appoint a hearing officer from a list of persons previously approved by the Louisiana Board of Elementary and Secondary Education.
Such hearing may be private or public, at the option of the teacher, and shall commence no sooner than ten (10) calendar days nor later than thirty (30) calendar days after receipt of the teacher's request for such hearing. The disciplinary hearing officer shall have the power to issue subpoenas, and shall conduct the hearing in accordance with procedures adopted by the School Board.
The teacher shall have the right to appear before the disciplinary hearing officer with witnesses on his/her behalf and with counsel of his/her selection. The disciplinary hearing officer shall hold a hearing and review on whether the interim decision of the Superintendent was arbitrary or capricious and shall either affirm or reverse the action of the Superintendent. The disciplinary hearing officer shall notify the Superintendent and the teacher of his/her final determination, with written reasons, within ten (10) days from the date of the hearing. If the Superintendent's disciplinary action is affirmed, it shall become effective upon the teacher's receipt of the decision of the disciplinary hearing officer. If the Superintendent's disciplinary action is reversed, the teacher shall be restored to duty.
Within sixty (60) days from the postmarked date of such written notification of the decision of the disciplinary hearing officer, the School Board or the teacher may petition a court of competent jurisdiction to review the matter as a summary proceeding.
The time periods contained above may be extended by mutual agreement of the parties.
BUS OPERATORS/CONTRACT APPOINTEES
The Superintendent shall have the authority to discipline tenured bus operators and persons employed on performance contracts, including suspension with or without pay, when circumstances necessitate immediate action. If sufficient grounds for suspension without pay are subsequently not found to exist by the School Board or Superintendent, the bus operator or contract appointee shall be reimbursed for any loss of compensation.
NON-TENURED EMPLOYEES
The Superintendent shall have the authority to discipline, including suspension, any non-tenured, non-contract employee with or without pay, when circumstances warrant such action.
New policy: November, 2006 Revised: October 18, 2012
Approved: October 15, 2009 Revised: September 4, 2014
Ref: La. Rev. Stat. Ann. §§13:3204, 17:81, 17:81.8, 17:443
Reed v. Orleans Parish School Board, April 30, 1945, 21 So.2d 895
Frazier v. East Baton Rouge Parish School Board, App. 1 Cir. 1961, 128 So.2d 250
Board minutes, 10-15-09, 10-18-12, 9-4-14
St. John the Baptist Parish School Board
GBK ADDENDUM:
PROCEDURES TO GOVERN THE CONDUCT OF HEARINGS
HELD PURSUANT TO R.S. 17:443(B)(2) AND R.S. 17:444(B)(4)(C)(III)
The purpose of this policy is to implement the provisions of Act 570 of the 2014 Regular Session of the Louisiana legislature. All dismissal hearings held pursuant to R.S. 17:443(B)(2) and R.S. 17:444(B)(4)(c)(iii) shall be held in strict conformance with these procedures.
I. LIST OF HEARING OFFICERS
A list of persons meeting those qualifications imposed by law to serve as a disciplinary hearing officers shall be approved and maintained by the school board. The minimum number of persons on such list shall be fixed in accordance with law depending upon the number of students enrolled in the school district.
II. SELECTION OF DISCIPLINARY HEARING OFFICERS; CONFLICTS OF INTEREST
When the services of a disciplinary hearing officer are required, the Superintendent shall randomly select the name of a disciplinary hearing officer from the Board-approved list in the presence of at least one witness. Such random appointment shall be made by the use of either a random name generator or by the blind drawing of a name from the entire list of board-approved disciplinary hearing officers. In the absence of a list of disciplinary hearing officers approved by the school board, the disciplinary hearing officer shall be selected randomly from the list maintained by the Board of Elementary and Secondary Education.
Upon such selection, the proposed disciplinary hearing officer shall be provided with written notification of appointment and a listing of the parties and potential witnesses. The disciplinary hearing officer must complete and return that portion of such notification attesting to both the disciplinary hearing officer's continued qualification to serve and the absence of a conflict of interest that would prohibit him/her from serving.
In the event that the disciplinary hearing officer selected is an immediate family member of any of the parties or witnesses to testify at the hearing, prohibited from serving due to a conflict of interest prescribed by the Louisiana Rules of Professional Conduct, or is otherwise unavailable to conduct the hearing within the time delays provided by law, another name shall be randomly selected.
III. COMPENSATION OF DISCIPLINARY HEARING OFFICERS
Each person selected as a disciplinary hearing officer shall be entitled to compensation at the rate approved by the Attorney General for each hour spent on the matter. The disciplinary hearing officer shall submit an invoice to the Superintendent no later than 15 days after the conclusion of his duties. The invoice of the disciplinary hearing officer shall be paid by this Board no later than 30 days after submission.
IV. POWERS AND AUTHORITY OF DISCIPLINARY HEARING OFFICERS
Each disciplinary hearing officer appointed as provided herein shall have the powers and authority to:
A. administer oaths and affirmations;
B. regulate the course of the hearings;
C. set the time and place for continued hearings;
D. fix the time for filing of briefs and other documents;
E. direct the parties to appear and confer to consider simplification of the issues; and
F. sign and issue subpoenas requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence.
Notwithstanding the foregoing, all parties shall have the right to (1) present evidence on all issues of fact, (2) present argument on all issues of law and policy, and (3) conduct such cross-examination as may be required for a full and true disclosure of the facts.
V. DUTIES OF AND RESPONSIBILITIES DISCIPLINARY HEARING OFFICERS
Each disciplinary hearing officer appointed as provided herein shall have the duty and responsibility to:
A. advise the teacher or administrator that the hearing will be either public or private, at the option of the teacher or administrator;
B. review whether the interim decision of the Superintendent was arbitrary or capricious;
C. affirm or reverse the action of the Superintendent;
D. notify the Superintendent and the teacher or administrator of his final determination, with written reasons, within ten (10) days from the date of the hearing;
E. maintain and safeguard all exhibits accepted or proffered into evidence at the hearing; and
F. such other duties and responsibilities as may be imposed upon him by R.S. 17:443(B)(2) and/or this policy.
VI. GENERAL RULES CONCERNING HEARINGS
A. Hearings shall be scheduled in accordance with the timelines established by law and shall be held in private or open session, at the option of the teacher or administrator.
B. Hearings shall be held at the school board's central office, unless a different location is fixed by the disciplinary hearing officer.
C. Hearings shall be conducted on weekdays during normal business hours, unless the disciplinary hearing officer determines that the just and efficient completion of the hearing, compliance with the mandated delays, or the disciplinary hearing officer's, counsel's or party's schedule requires a deviation from such times.
D. The disciplinary hearing officer may suspend a hearing, upon both parties' agreement and request, when it appears that a resolution of the disciplinary action at issue has been reached between the parties. Before such hearing is suspended, such resolution shall be entered upon the record of such proceeding and shall have the same preclusive force and effect as a compromise entered and received in open court. Any verbal agreements placed into the record shall be memorialized in writing and signed by all parties within 7 calendar days.
E. The disciplinary hearing officer has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings so that justice is done.
F. The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615.
G. The disciplinary hearing officer on his own motion, or on the motion of any party, after hearing, may grant a mistrial.
H. The normal order of the hearing shall be as follows:
1. The opening statements by the Superintendent and the teacher or administrator, in that order;
2. The presentation of the evidence of the Superintendent and of the teacher or administrator, in that order;
3. The presentation of the evidence of the Superintendent in rebuttal; and
4. The argument of the Superintendent, of the teacher or administrator, and of the Superintendent in rebuttal, in that order.
This order may be varied by the disciplinary hearing officer when circumstances so justify.
H. Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.
I. A witness who appears but refuses to testify without proper cause shall be considered in contempt and the disciplinary hearing officer may apply to a district judge in the Parish where the hearing is being held for an Order holding the recalcitrant witness in contempt.
J. The disciplinary hearing officer may order, upon a showing of appropriate safeguards, live testimony of a witness to be presented during the hearing by teleconference, video link, or other visual remote technology, if the witness is beyond the subpoena power of the disciplinary hearing officer or when compelling circumstances are shown.
K. A party or a person identified with a party may be called as a witness and examined by the adverse party in accordance with Louisiana Code of Evidence Articles 607 and 611.
L. The testimony of expert medical witnesses may be presented to the disciplinary hearing officer by way of oral or video deposition taken pursuant to the Louisiana Code of Civil Procedure.
M. Formal exceptions to rulings or orders of the disciplinary hearing officer are unnecessary. For all purposes it is sufficient that a party, at the time the ruling or order of the disciplinary hearing officer is made or sought, makes known to the disciplinary hearing officer the action which he desires the disciplinary hearing officer to take or his objection to the action of the disciplinary hearing officer and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
N. When the disciplinary hearing officer rules against the admissibility of any evidence, he shall either permit the party offering such evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence.
O. At the request of any party, the disciplinary hearing officer may allow any excluded evidence to be offered, subject to cross-examination on the record during a recess or such other time as the disciplinary hearing officer shall designate. When the record is completed during a recess or other designated time there will be no necessity for the requesting party to make a statement setting forth the nature of the evidence.
P. In all cases, the disciplinary hearing officer shall state the reason for his ruling as to the inadmissibility of the evidence.
Q. If the disciplinary hearing officer permits a party to make a complete record of the evidence held inadmissible, it shall allow any other party the opportunity to make a record in the same manner of any evidence bearing upon the evidence held to be inadmissible.
R. While the Louisiana Code of Evidence is not applicable to hearings conducted before the disciplinary hearing officer (with the exceptions noted hereinabove), the principles underlying the Code of Evidence shall serve as guides to the admissibility of evidence and the specific exclusionary rules and other provisions shall be applied to the extent that they tend to promote the purposes of the proceeding.
S. Each hearing shall be transcribed by a certified court reporter.
T. The certified court reporter shall be retained by the disciplinary hearing officer and this Board shall pay for his services.
U. Upon request of any party to the disciplinary hearing officer, the certified court reporter shall transcribe the testimony of each witness testifying at the hearing and transmit the transcript of the hearing to the disciplinary hearing officer. The requesting party shall be obligated to pay all costs and fees associated with the transcription of the hearing by the certified court reporter.
V. All exhibits accepted or proffered into evidence shall be maintained and safeguarded by the disciplinary hearing officer for a period of not less than 120 days after transmission of his final determination to the Superintendent.
W. Upon request of any party directed to the disciplinary hearing officer, he shall cause the original transcript of the hearing and all exhibits accepted or proffered into evidence to be filed with the appropriate district court. The requesting party shall be obligated to pay all costs and fees associated with the filing of the transcript and exhibits
FGG: CHANGE ORDERS
The St. John the Baptist Parish School Board, in order to increase or decrease the amount of a contract after bids have been officially accepted by the School Board, shall require the approval of a change order. When a change is necessary, and that decision cannot be delayed until the next regularly scheduled meeting of the Board, the architect shall thoroughly investigate the problem with the contractor and shall obtain a cost proposal for time and money that is approved by the architect as a fair and reasonable cost for the additional work. This change order will then be reviewed by Timpa and Associates and recommended to the President of the Board. The architect, Superintendent or designee, the construction consultant, and the President of the Board or designee shall consult and consider the change order. If all parties agree that the change is necessary and that the cost is fair, the work shall be performed and the change order shall be presented to the Board for ratification at the next regularly scheduled meeting. There shall be a limit of $10,000.00 to these type changes. All other change order proposals which are not time critical shall be presented to the Board at a regularly scheduled meeting.
The School Board shall authorize the Superintendent to approve any change order which is less than $25,000. Any change order which is between $25,000 and $75,000, shall be brought to the School Board’s Land and Facilities Committee for approval, which shall then be reported to the School Board. If the Land and Facilities Committee rejects a change order, the change order shall be presented to the School Board for consideration. Any change order which exceeds $75,000 shall be submitted to the School Board for consideration of approval.
Revised: January, 2017
Ref: La. Rev. Stat. Ann. '38:2212.
FGA: SUPERVISION OF CONSTRUCTION
The St. John the Baptist Parish School Board shall require from the Superintendent a review of the architect's activities in his/her supervision of any building construction. This review shall assure compliance with all provisions of the School Board's Capital Improvements Procedure Manual, which shall include adequacy of field inspection of the contractor's operations, administrative activities of the architect relating to construction, and any other matters relating to the interest of the school district. The Superintendent shall make periodic reports certifying by his/her personal knowledge that the work of the construction contractor and the architect are being performed in accordance with plans, specifications and contracts.
A change order may be approved by the Superintendent provided he/she has first secured School Board approval, as detailed in policy FGG, Change Orders. In cases of emergency, the Superintendent shall be authorized to issue change orders and shall inform the School Board members promptly of such action.
Request made by contractors for extensions of time to their contracts, for delay or days missed due to inclement weather, shall be documented on a day by day basis and submitted for the School Board's consideration. No extension shall be granted where proper documentation has not been submitted for the School Board's consideration. No extension shall be granted where proper documentation has not been submitted and the penalty clause of the contract shall be enforced.
Upon completion of the building construction and a final inspection of all its aspects by the architect, contractors, and school officials, a recommendation for its acceptance will shall be made to the School Board by the Superintendent.
Orientation of school personnel to new or expanded facilities shall be the responsibility of retained architects and shall precede any administrative recommendation for final acceptance of any project.
Revised: January, 2017
Ref: Board Minutes, 8-8-91.
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ITEM 7. BUSINESS AND FINANCE
ITEM 7a. Mr. Felix Boughton – Accept audit for June 30, 2016
MOTION BY: Jones
SECOND BY: Wise
MOTION: To accept the audit for June 30, 2016 as presented.
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
ITEM 7b. Consider and take action regarding Marathon, Inc.’s donation of building to St. John the Baptist Parish School Board
MOTION BY: Sanders
SECOND BY: Wallace
MOTION: To accept the donation of a building from Marathon, Inc. on East St. John High School’s campus.
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
Mr. George stated that the West St. John High School’s students will also have the opportunity to attend the PTEC classes that are being offered in this building.
ITEM 7c. Mr. Peter Montz – Change Order No. 1 for East St. John Elementary School
MOTION BY: Wise
SECOND BY: Sanders
MOTION: To approve Change Order No. 1 for East St. John Elementary School at a cost of $25,000 for materials testing.
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
ITEM 7d. Mr. Peter Montz – Change Order No. 1 for Lake Pontchartrain Elementary School
MOTION BY: Wise
SECOND BY: Sanders
MOTION: To approve Change Order No. 1 for Lake Pontchartrain Elementary School, which will result in a credit of $213,106.
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
ITEM 7e. Mr. Peter Montz – Request Board approval to solicit bids for ESJH and WSJH Track and Field Equipment.
MOTION BY: Jack
SECOND BY: Wallace
MOTION: To approve the solicitation of bids for ESJH and WSJH Track and Field Equipment.
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
ITEM 7f. Mr. Peter Montz – Recommendation on Request for Proposals 17.25, E-Rate Internet Services
MOTION BY: Jones
SECOND BY: Mitchell
MOTION: To accept the recommendation on Proposal 17.25, E-Rate Internet Services (Southern Light LLC).
Superintendent’s Recommendation: Recommend Approval
No objections.
The motion carried.
10 Yeas - Jack, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Mitchell, Triche, Jones
0 Nays
0 Absent
1 Not Voting - Burl
ITEM 8. OLD BUSINESS
ITEM 9. NEW BUSINESS
ITEM 9a. Mrs. Patricia Triche – Board Reports: Monthly Program Information (December 2016), Monthly Budget Summary (December 2016); Head Start Compliance Correction Report
Mrs. Triche presented the aforementioned reports to the Board as informational items, and provided each Board member with a copy.
ITEM 10. ADMINISTRATIVE MATTERS
Superintendent George stated that the school district will honor Mrs. Nora Pierre with a memorial on our billboards and wanted to inform her family.
ITEM 11. BOARD ITEMS OF INTEREST
ITEM 12. ADJOURNMENT - The agenda having been completed, and there being no further business, there was a
MOTION BY: Wise
SECOND BY: Mitchell
MOTION: Motion for adjournment.
There were no objections.
The meeting adjourned at 7:06 p.m.
________________________________ ________________________________
Kevin R. George, Secretary Keith Jones, President