Meetings

Colorado Springs School District 11

REGULAR BOARD OF EDUCATION MEETING

Tesla Educational Opportunity Center, 2560 International Circle, Colorado Springs, CO 80910
Call to Order at 5:30 p.m., followed by Executive Session. The regular meeting begins at 6:30 p.m.
December 10, 2008
6:30 PM
Back Print
A. PRELIMINARIES
A.1 - Call to Order -
A.2 - Roll Call -
 
Roll Call
Charles Bobbitt, Director
John Gudvangen, Treasurer
Tami Hasling, President
Sandra Mann, Director
Bob Null, Director
Tom Strand, Vice-President
Janet Tanner, Secretary
A.3 - Moment of Silence -
A.4 - Adoption of the Agenda -
 
The agenda presented to the Board in the Board’s packet will be considered for approval at this time. A Board Director or the Superintendent may request to, add, delete or table an item, i.e., an emergency school closure approval action that is in accordance with Policies. Board Directors shall make a separate motion for each item they seek to have added, deleted, or tabled. Reordering items on the agenda requires approval of a single motion with a majority vote of the quorum present.

A Board Director’s request that a non-emergency item be added to the agenda, as action shall require for approval a two-thirds majority of the entire Board. The Director making the request shall provide a copy of the motion and materials to all Board Directors.
 
A Board Director’s request that a non-emergency item be added to the agenda, as non-action shall require for approval a majority of the quorum present. The Director making the request shall provide a copy of the motion and materials to all Board Directors.

  Recommendation 
That the Board of Education adopts the agenda, as presented (and/or amended).
A.5 - Executive Session -
 
The Board of Education may, under state statutes, go into Executive Session to discuss matters pertaining to:
1) property transactions [per C.R.S. 24-6-402(4)(a)] [particular matter:];
2) X legal advice [per C.R.S. 24-6-402(4)(b)] [particular matter: Doug Bruce Complaint];
3) security arrangements or investigations [per C.R.S. 24-6-402(4)(d)] [particular matter:];
4) negotiations [per C.R.S. 24-6-402(4)(e)] [particular matter: ]
5) personnel [per C.R.S. 24-6-402(4)(f)] [particular matter: ];
6) individual student(s) [per C.R.S. 24-6-402(4)(h)] [particular matter: ];
7) documents that may not be disclosed under the Colorado Open Records Act [per C.R.S. 24-6-402(4)(g)] [particular matter ]; and
8) matters required to be kept confidential by state or federal law [per C.R.S. 24-6-402(4)(c)][specific legal citation:].

Executive Session from approximately 5:30 p.m.-6:30 p.m. The Board of Education will reconvene into regular session at approximately 6:30 p.m.
  Recommendation 
To convene into Executive Session. The Board of Education may, under state statutes, go into Executive Session to discuss matters pertaining to property transactions, legal advice, security arrangements or investigations, negotiations, personnel, individual students, documents that may not be disclosed under the Colorado Open Records Act and matters required to be kept confidential by law.
A.6 - Pledge of Allegiance -
  The Board of Education invites the public in attendance to stand and recite the Pledge of Allegiance to the flag of the United States of America.
A.7 - Good Things -
A.8 - Modification of the Agenda -
 
A Board Director, by a motion, or the Superintendent (via a recommendation for a motion), may cause the modification of the previously approved agenda only for the following reason:

Required action following discussion in Executive Session.
  Recommendation  That the Board of Education adopts the agenda modifications.
A.9 - Citizen Comments -
 
The Board as a representative body of the District wishes to provide an avenue for any citizen to express his/her interest and concerns for the schools. Accordingly, the public is cordially invited to attend Board meetings. Meetings of the Board are conducted for the purposes of carrying on the business of the Board and are closed to the public only during executive sessions. There are three 20-minute time periods designated for Citizens’ Comments:

1.) During the Preliminaries section of the agenda, as the last item before the start of the Consent Items for the purpose of addressing other concerns that are not Action or Non-Action items on the agenda,
2.) At the beginning of Action for the purpose of addressing action items only, and
3.) At the beginning of Non-Action for the purpose of addressing Non-Action items only.
 
Except when otherwise specified by the Board President, comments by individual citizens in a given time period shall be limited to three minutes with a 30-second warning on the time limit.
 
In order that the Board may fairly and adequately discharge its overall responsibilities, citizens who wish to make requests, representations or proposals to the Board are requested to direct these to the Superintendent, who will deal with them according to the regulations approved by the Board. Ref: Policy BEDH/BEDH-R.
B. CONSENT ITEMS
B.1 - Adoption of Consent Items - 2 minutes
 

Consent items are placed in the consent portion of the agenda.  If board members have any questions concerning these items, they should be directed to the Superintendent or designee prior to the board meeting.  If discussion is required on any one of the items, it may be removed from the consent agenda. Those items indicated as being consent items will be adopted by one single motion unless a member of the board requests an item be removed from the consent agenda.

 Recommendation 

To adopt all consent items as designated in the agenda. Consent items: 

  • B.2. Mill Levy Certification
  • B.3. 403 (b) Tax Sheltered Annuity Plan
  • B.4. Approval of Board Meeting Minutes
  • B.5. Two-hour Delayed Start, December 1, 2008
B.2 - Mill Levy Certification
 

By statute, the mill levy rates must be certified by December 15 of each year.  The Board receives the calculated mill levy rates and resolution for approval.
Ref. Pages: 15-19

 Recommendation That the Board of Education approves the District 11 mill levy as shown in the attached resolution.
B.3 - 403 (b) Tax Sheltered Annuity Plan Document
 In late 2007 the Internal Revenue Service (IRS) issued new regulations that required sweeping changes to section 403(b) of the Internal Revenue Code.  After years of random implementations and variable compliance measures, the IRS decided to promulgate new regulations to standardize 403(b) compliance across the education and health care industries.  The new rules place the fiduciary responsibility of plan administration squarely on the District's shoulders by requiring the adoption of a plan document, election of plan provisions, and compliance with various IRS regulations including Maximum Exclusion Allowance (MEA) calculations, loan and hardship withdrawal provisions, and timely remittance to vendors.
Ref. Pages: 20-43
 Recommendation That the Board of Education approves the Adoption Agreement for the 403(b) Plan Document for Public Education Organizations and the 403(b) Plan document as submitted by the administration and Voluntary Retirement Plan Employee Committee.
B.4 - Approval of Board Meeting Minutes
 Ref. Pages: Under Separate Cover
 Recommendation That the Board of Education approves the minutes of the November 12, 2008, regular board meeting. All minutes are available on the district website after approval by the Board of Education.
B.5 - Two-Hour Delayed Start December 1, 2008
 According to Board policy, the Superintendent or his designee is authorized to close schools for specified emergencies. School District 11 had a two-hour delayed start on December 1, 2008, due to inclement weather.
 Recommendation That the Board of Education approves the two-hour delayed start of School District 11 on December 1, 2008, as submitted by the Administration.
C.ACTION ITEMS
C.1 - Citizens' Comments
 
The Board as a representative body of the District wishes to provide an avenue for any citizen to express his/her interest and concerns for the schools. Accordingly, the public is cordially invited to attend Board meetings. Meetings of the Board are conducted for the purposes of carrying on the business of the Board and are closed to the public only during executive sessions. There are three 20-minute time periods designated for Citizens’ Comments:

1.) During the Preliminaries section of the agenda, as the last item before the start of the Consent Items for the purpose of addressing other concerns that are not Action or Non-Action items on the agenda,
2.) At the beginning of Action for the purpose of addressing action items only, and
3.) At the beginning of Non-Action for the purpose of addressing Non-Action items only.
 
Except when otherwise specified by the Board President, comments by individual citizens in a given time period shall be limited to three minutes with a 30-second warning on the time limit.
 
In order that the Board may fairly and adequately discharge its overall responsibilities, citizens who wish to make requests, representations or proposals to the Board are requested to direct these to the Superintendent, who will deal with them according to the regulations approved by the Board. Ref: Policy BEDH/BEDH-R.

C.2 - Contract Awards
 

The purpose of this agenda item is to have a standing agenda item in place on a continual weekly basis. This agenda item will be used for capital investment and other contracts. Timing of contract actions is such that it will require continual expeditious board approval of contracts. Some weeks will not have any contracts, while many other weeks will have lists of proposed contracts for board approval. Each week a reference will be submitted listing any proposed contract actions with appropriate information. Solicitation documents and information about each procurement action are available for examination and review in the Business Office.

C.3 - Budget Transfers, Appropriations and FTE Approvals - 10 minutes
 

Board Policy DBJ-Budget Transfers requires the board to approve budget transfers for any fund when: (1) the aggregate amount to be transferred to support any line item, single issue or purpose exceeds $100,000; or (2) the accumulation of budget transfer needs is expected to significantly impact the annual budget; or (3) transfers from one major function category to another major function category exceed $20,000 or (4) strategic plan resource allocations need to be re prioritized. Board approval is also required for general fund contingency transfers over $50,000, or in the event the contingency reserve will be reduced by more than 25% for the fiscal year. Board policy DBJ also states that all capital reserve fund project budget appropriations shall be approved by the board; therefore, any transfer of unspent, or unencumbered monies to other projects, shall be approved by the board. CRS-32-109 (1) (f) (l) states the Board of Education has the specific duty to employ all personnel...and to fix and order paid their compensations. Since the budgetary impact of adding a new position must first be considered prior to the hiring process, Board approval is required when there is a proposed change to the authorized staffing level.  
Presenters: Glenn Gustafson/Mike Maloney
Ref. Pages: 48-51

 Recommendation 

That the Board of Education approves the appropriation and transfer of $2,475,000 from the 41 Fund (Bond Fund) program contingency account to the various projects listed.

C.4 - Personnel Recommendations-2 minutes
 The Division of Human Resources provides for consideration a list of Personnel Recommendations. The Board may remove an individual personnel recommendation for separate consideration by amending the original motion to approve the recommendation list.

Presenters: Dr. Thurman/Mr. Schenkel
Ref. Page: 52-59
 Recommendation That the Board of Education approves the December 10, 2008, Personnel Recommendations, as submitted by the Administration.
C.5 - Acceptance of the Vision/Mission and Message Platform in Concept - 15 minutes
 By approving the new vision, mission and message platform, which includes the brand promise, the administration will be able to move forward in marketing the district and its programs, developing policies and procedures for communications standards, and filtering district initiatives and communications.
Presenter: Ms. Elaine Naleski
Ref. Pages: 60-62
 Recommendation That the Board of Education accept the vision/mission and message platform in concept and direct the administration to develop policies and procedures to ensure brand consistency in all school/district communication vehicles.
D.NON-ACTION ITEMS
D.1 - 7:00 p.m. Public Hearing: Emerson-Edison Restructure
 

This time is set aside for community input regarding the Emerson-Edison Restructure.

D.2 - Emerson-Edison Restructure - 30 minutes
 Under the No Child Left Behind Act (NCLB), Emerson Edison Charter Academy must be restructured as a consequence of not making Adequate Yearly Progress (AYP) for the last six years. A restructuring team was established to meet the requirements for NCLB which requires community input, Emerson Edison staff input as well as District 11 staff input. After studying the options (reopen as a charter, reopen as a District 11 focus school, or close the school) and considering the community input the restructuring team is recommending to keep Emerson as a District 11 focus school.
Presenters: Dr. Bishop/Mr. Poore/Mr. Griego/Ms. Claybaugh
Ref. Pages: 64-105 
 Recommendation The Administration recommends that the Emerson Edison Charter Academy be restructured, as required by NCLB, for the 2009-10 school years to reopen as a District 11 school continuing to serve students in grades 6-8, starting with grade 6 in 2009-10, adding a grade each year for the next 2 years. The administration is directed to hire a principal and administrative assistant to facilitate the opening of the new District 11 school.
D.3 - Citizens' Comments
 
The Board as a representative body of the District wishes to provide an avenue for any citizen to express his/her interest and concerns for the schools. Accordingly, the public is cordially invited to attend Board meetings. Meetings of the Board are conducted for the purposes of carrying on the business of the Board and are closed to the public only during executive sessions. There are three 20-minute time periods designated for Citizens’ Comments:

1.) During the Preliminaries section of the agenda, as the last item before the start of the Consent Items for the purpose of addressing other concerns that are not Action or Non-Action items on the agenda,
2.) At the beginning of Action for the purpose of addressing action items only, and
3.) At the beginning of Non-Action for the purpose of addressing Non-Action items only.
 
Except when otherwise specified by the Board President, comments by individual citizens in a given time period shall be limited to three minutes with a 30-second warning on the time limit.
 
In order that the Board may fairly and adequately discharge its overall responsibilities, citizens who wish to make requests, representations or proposals to the Board are requested to direct these to the Superintendent, who will deal with them according to the regulations approved by the Board. Ref: Policy BEDH/BEDH-R.

D.4 - Administration Proposal for the Emerson Facility - 30 minutes
 The Board of Education has been briefed throughout the Fall regarding the status of Emerson Edison. As the Board of Education considers a course of action to respond to Emerson Edison’s inability to make AYP the Administrative Team began to explore options and opportunities if the District took this site back and made it a District school. Attached you will find a recommendation for action to bring Emerson back as a District school.
Presenters: Dr. Bishop/Dr. Thurman/Mr. Gustafson/Mr. Poore
Ref. Pages: 107-129
D.5 - Revisions to Policies BDFB-Vocational Advisory Council, JKF- Educational Alternatives for Expelled Students and JKG-Expulsion Prevention - 15 minutes
 As a result of House Bill 08-1079, C.R.S. 23-8-103(2)(c), any statutory reference to “vocational education” is now “career and technical education”. This verbiage change requires updates to policies JKF- Educational Alternatives for Expelled Students, JKG-Expulsion Prevention Program, and BDFB-Vocational Advisory Committee.
Presenters: Mr. Poore/Ms. McConnell
Ref. Pages: 130-136
 Recommendation Review and approved revisions to policies JKF, JKG and BDFB.
D.6 - Revision to Policy JKD/JKE-2-Discipline of Students with Disabilities - 15 minutes
 Due to changes in State and Federal Law, IDEA (formerly Individuals with Disabilities Education Act) has been changed to IDEIA (Individuals with Disabilities Education Improvement Act).
Presenters: Mr. Poore/Mr. Carubia
Ref. Pages: 137-140
 Recommendation That the Board of Education reviews and approves revisions to policy JKD/JKE-2.
D.7 - Revision to Policy DFA/DFAA-Statement of Investment - 15 minutes
 Board Policy DFA-DFAA is the District’s investment policy which governs the management and operations of the District’s investment portfolio.
Presenter: Mr. Gustafson
Ref. Pages: 141-151
 Recommendation Review and approve revisions to Board of Education Policy DFA-DFAA.
D.8 - FY2008-2009 Mid-Year Budget Modifications - 30 minutes
 Each year the District prepares a mid-year budget document. The mid-year budget revision reflects the final certified pupil count, property tax revenues based on the county’s final assessed valuations, the audited beginning fund balances, and other revenue and expenditure adjustments as needed.
Presenters: Mr. Gustafson/Ms. Kluck
Ref. Pages: 152 & Under Separate Cover
 Recommendation That the Board of Education approves the FY08/09 Mid-Year Budget Update modifications and revised appropriation levels as presented by the administration.
E.REPORTS AND DISCUSSION ITEMS
E.1 - Superintendent/Administrative Reports
 

This agenda item is reserved for presentations, status reports, and announcements to the Board by the Superintendent and the Administration that have not been provided as information only in the Board packets. Unless otherwise directed by the Board, annual and standing reports not requiring Board action are to be provided in hard copy for information only in the Board Director packets. The superintendent has the opportunity to report on a range of topics during this time.

  • SAR Update (Dr. Demi-Smith)15 minutes (SARs are embargoed until December 9 and will be delivered to the board Under Separate Cover)
E.2 - Phase I of Draft Plan of the Utilization Study - 15 minutes
 An update from the steering committee meeting on December 9 will be provided to the board.
Presenter: Mr. Poore
E.3 - Other Discussion Items
 
Board members will have the opportunity for open discussion.
E.4 - Board Subcommittee Reports
 
Board members will have the opportunity to report on their respective subcommittees.
F.FUTURE AGENDA ITEMS
F.1 - New Agenda Items from Board Discussion
 
Board members have the opportunity to bring forward items for a future agenda.
F.2 - School Utilization
 
  1. Phase I (November): draft plan to steering committee & administration develops recommendation
  2. Phase II (December): draft plan/recommendation goes to staff
  3. Phase III (January): draft plan/recommendation goes to community
  4. Phase IV (February): draft plan/recommendation to the Board of Education: hearing, non-action, action

The Board of Education will be provided updates under Reports & Discussion Items November-January. Possible work session on the Draft Plan February 4, followed by a public hearing, non-action on February 11 and action February 25, 2009.

F.3 - Development of 2009 Legislative Agenda
 Work Session Fall of 2008 
F.4 - Choice Permit Policy Discussion - TBD
 The Board of Education will discuss the choice permit policy at a future meeting
F.5 - Magnet School Concepts - TBD
 

Magnet School Concepts will be presented sometime after the November elections.

G.FUTURE WORK SESSIONS LIST REVIEW AND DISCUSSION FOR ADDITIONAL WORK SESSIONS ITEMS
G.1 - January 21, 2008, Work Session
 
  • Board Input for FY 09/10 Budget Development
  • Superintendent Search Work
H.ADMINISTRATION’S TASK LIST REVIEW AND UPDATE
H.1 - Task List Review 2 minutes
 
The Administration Task List consists of requests from Board directors for information/analysis within specified time lines and will be reviewed and updated during this time. These requests should primarily be tasking for information/analysis and should not be for the scheduling of future agenda items. A recommendation should be included with the task for the purpose indicating as whether or not it needs to be included on the Calendar. Items may be added to the task list with the agreement of four Board Directors as indicated by head nods.
Ref. Pages: 153-158
I.CALENDAR REVIEW AND UPDATE
I.1 - Calendar Review 2 minutes
 

The Board's Calendar will be reviewed and updated during this time. Items may be added to the Calendar with the agreement of four Board Directors as indicated by head nods. To look at district events and to access the District Calendar go to our home page at www.d11.org. On the left hand side of the screen, click on Calendars, then D11 Calendars. In the center of that page, in the drop down box, select District Calendar.

Upcoming meetings/events:

  • December 10, 2008, regular meeting
  • December 17, 2008, regular meeting

Ref. Pages: 159-169

J.ADJOURNMENT