Elmira City School District s3

ELMIRA CITY SCHOOL DISTRICT

ELMIRA, NEW YORK

REGULAR MEETING OF THE BOARD OF EDUCATION

EFA Community Room May 12, 2009

933 Hoffman Street 6:00 PM Executive Session

Elmira, NY 14905 7:00 PM Meeting

MEETING CALLED TO ORDER / Vice President Anthony Fisher, Jr. called the Regular Meeting of the Board of Education to order at 6:08 p.m. and opened with the Pledge of Allegiance to the Flag.
ATTENDANCE / Present: Anthony Fisher, Jr., Barton Graham, Lynn Grottenthaler, Dan Hurley, Dianna Jackson (arr. for executive session 6:40 p.m. departed after executive session), Ted Lax, Larry McGovern
Student Representatives: Elmira Free Academy Student Representative, Abbey Proudfoot, Southside High School Student Representative, Samantha Potter.
Absent: Dianna Jackson, Colleen McCall, Rodney Strange, Alternative High School Student Representative, Fred Beard.
Others: David Gleason, Joseph Hochreiter, Chris Mecke, Robert Van Keuren, Attorney Conrad Wolan
APPROVAL OF AGENDA / Ms. Grottenthaler moved, seconded by Dr. Lax that the Board approve the agenda with the following changes:
·  Delete Consent Item I-5, Approval of Mansfield University Summer Academy Contract.
·  Add Approval Compliance Solutions for Hazardous Waste Training as Consent Item I-10.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Mr. McGovern moved, seconded by Dr. Lax that the Board amend the agenda and add an additional executive session after New Business.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Please Note: This agenda was for the May 6, 2009 Regular Meeting that was cancelled.
EXECUTIVE SESSION / Ms. Grottenthaler moved, seconded by Dr. Lax that the Board move into Executive Session for collective negotiations pursuant to Article 14 of the Civil Service Law, matters leading to the appointment of a particular person or corporation and privileged consultation with legal counsel; also included in motion Ms. Grottenthaler moved, seconded by Dr. Lax that the Board appoint Mr. Hurley as Clerk Pro Tem in the absence of the Clerk. (6:13 p.m.). Also invited into Executive Session were Mr. Hochreiter, Mr. Van Keuren and Attorney Conrad Wolan.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Janet M. Watson
District Clerk
RETURN TO OPEN SESSION / Mr. Graham moved, seconded by Ms. Grottenthaler that the Board return to Open Session. (7:00 p.m.)
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Jackson, Lax,
McGovern
No: None
Absent: McCall, Strange
Dan Hurley
Clerk Pro Tem
RECONVENED / The meeting reconvened at 7:10 p.m.
VISITORS WISHING TO ADDRESS THE BOARD / Faith May, parent, addressed the Board with her concerns with regards to busing her child to Booth for the Pre-K program and did not like her Pre-K child going to a different school than her other child.
2009-2010 BUDGET HEARING
Discussion-community relations-question & answer period for public budget hearing-projected budget for school year 2010-2011 / Mr. Gleason, Assistant Superintendent of Management Services, gave a presentation on the 2009/2010 Educational Plan and Budget.
Mr. Gleason discussed the following:
·  Educational Plan.
·  General Fund Revenue Budget
·  General Fund Expenditure Budget
·  Instructional Priorities
·  No Child Left Behind (NCLB) Compliance
·  General Fund State Aid
·  Tax Levy
·  Contract for Excellence
·  Propositions that will be placed on the May 19, 2009 ballot.
Mr. Gleason asked the community if there were any questions. Two community members stated that they didn’t feel they had enough information on the specifics of the budget to vote on May 19, 2009 and asked questions that were unclear to them.
SUPERINTENDENT’S REPORT
Booth Space Plan
2009 Preliminary Math & ELA Update / Mr. Hochreiter, Acting Superintendent, gave a slide show presentation on the space plan for Booth school. He started his presentation about the vision of the early childhood center; the objectives, current reality and data review. He also discussed the timeline for Hendy, Broadway Elementary, Diven, Riverside, Fassett and Coburn Elementary Schools over the next three years. He went on to discuss the cost renovations to classrooms, parking lot etc. Ms. Grottenthaler interjected by saying that there were two options, not to have a Pre-K program or the district could increase class size. Mr. Fisher stated that the district needs to partner with the community to clean up the neighborhood around Booth to make it a safer environment. Dr. Lax stated that administrators need to meet with parents and inform them of the district’s plan to move students to Booth.
A straw poll was conducted supporting the administration to pursue this plan with the community. The results were 6-0 in support of this.
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
A second straw poll was conducted that the Broadway Elementary School Pre-K students be moved to Booth in September 2009. The results were 5-1 in favor of this move.
Yes: Graham, Grottenthaler, Hurley, Lax, McGovern
No: Fisher
Absent: Jackson, McCall, Strange
Mr. Hochreiter updated the Board of the overall district performance on the New York State assessment data on English, and Language Arts for the 2008-09 (current school year). The math scores are not yet available. The overall district performance was at levels 3 & 4 (at or above proficiency) or at 65-100.
NEW BUSINESS
Approval of Field Trip-New York City (SHS Concert Choir)
Approval of Field Trip-New York City (EFA Band & Chorus)
Approval of Proposed New Policies, First Reading
Approval of Proposed Revised Policies
Approval of Revision to Policy #7119 Entitlement to Attend-Age and Residency
Approval of Amendment to Deputy Superintendent Contract / A straw poll was conducted over the phone to approve the SHS Concert Choir field trip to New York City, New York on May 9, 20-09 because the May 6, 2009 meeting was cancelled and these groups needed approval to attend. The results were 7-2.
Yes: Fisher, Graham, Grottenthaler Hurley, Jackson, Lax,
Strange
Unable to reach: McCall, McGovern
A straw poll was conducted over the phone to approve the Elmira Free Academy field trip to New York City on May 13, 2009.
This was conducted because the May 6, 2009 meeting was cancelled and these groups needed approval to attend. The results were 7-2.
Yes: Fisher, Graham, Grottenthaler Hurley, Jackson, Lax,
Strange
Unable to reach: McCall, McGovern
Ms. Grottenthaler moved, seconded by Mr. McGovern that the Board approve the first reading of the new policies as follows: Policy #7260, Person in Parental Relation, Policy # 7510, School Health Services, Policy #7532, Bullying: Peer Abuse in Schools, Policy #7553, Hazing of Students, Policy #7631, Appointment and Training of Committee on Special Education (CSE)/Subcommittee on Special, Policy #7632, Appointment and Training of Committee on Preschool Special Education (CPSE) Members, Policy #7643 Transfer Students with Disabilities, Policy #8215, Patriotism, Citizenship and Human Rights Educations
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Ms. Grottenthaler moved, seconded by Dr. Lax that the Board approve the following revised policies:
1.  Policy 7313, Suspension of Students
2.  Policy 7320, Alcohol, Tobacco, Drugs and Other Substances (Students)
3.  Policy 7330, Searches and Interrogations
4.  Policy 7350, Corporal Punishment/Emergency Interventions
5.  Policy 7360, Weapons in School and the Gun-Free Schools Act
6.  Policy 7420, Sports and the Athletic Program
7.  Policy 7450, Fund Raising by Students
8.  Policy 7511, Immunization of Students
9.  Policy 7512, Student Physicals
10.  Policy 7513, Administration of Medication
11.  Policy 7514, Health Records
12.  Policy 7515, Students with Life Threatening Allergies
13.  Policy 7520, Accidents and Medical Emergencies
14.  Policy 7530, Child Abuse and Neglect/Maltreatment
15.  Policy 7531, Sexual Harassment of Students
16.  Policy 7610, Special Education: District Plan
17.  Policy 7612, Grouping by Similarity of Needs
18.  Policy 7614, Preschool Special Education Program
19.  Policy 7616, Least Restrictive Environment
20.  Policy 7617, Pre-Referral Intervention Strategies in General Education (Prior to Referral for Special Education)
21.  Policy 7618, Declassification of Students with Disabilities
22.  Policy 7620, Students with Disabilities Participating in School District Programs
23.  Policy 7640, Student Individualized Education Program (IEP): Development and Provision
24.  Policy 7641, Transition Services
25.  Policy 7642, Extended School Year (July/August) Services and/or Programs
26.  Policy 7650, Identification and Register of Children with Disabilities (Child Find)
27.  Policy 7660, Parent Involvement for Children with Disabilities
28.  Policy 7670, Impartial Due Process Hearings/Selection of Impartial Hearing Officers
29.  Policy 7680, Independent Educational Evaluations
30.  Policy 7690, Special Education Mediation
31.  Policy 8211, Prevention Instruction
32.  Policy 8212, Fire Drills, Bomb Threats and Bus Emergency Drills
33.  Policy 8213, Civility, Citizenship and Character Education/Interpersonal Violence Prevention Education
34.  Policy 8214, Equal Educational Opportunities
35.  Policy 8220, Career and Technical (Occupational) Education
36.  Policy 8240, Instructional Programs: Driver Education, Gifted and Talented Education and Physical Education
37.  Policy 8271, The Children’s Internet Protection Act: Internet Content Filtering/Safety Policy
38.  Policy 8280, Instruction for English Language Learners or Students with Limited English Proficiency
39.  Policy 8310, Purposes of Instructional Materials
40.  Policy 8320, Selection of Library and Multimedia Materials
41.  Policy 8322, Religious Expression in the Instructional Program
42.  Policy 8323, Constitutionally Protected Prayer in the Public School
43.  Policy 8330, Textbooks/Workbooks/Calculators/Instructional Computer Hardware
44.  Policy 8340, Use of Copyrighted Material
45.  Policy 8430, Independent Study for Transfer Credit
46.  Policy 8450, Home Tutoring (Homebound Instruction)
47.  Policy 8470, Home Instruction (Home Schooling)
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Mr. McGovern moved, seconded by Mr. Hurley that the Board approve the revision and adoption to Policy # 7119 – Entitlement to Attend – Age and Residency.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Dr. Lax moved, seconded by Mr. McGovern that the Board approve the amendment to the Deputy Superintendent’s contract.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
EXECUTIVE SESSION / Ms. Grottenthaler moved, seconded by Dr. Lax that the Board move into Executive Session for collective negotiations pursuant to Article 14 of the Civil Service Law, matters leading to the appointment of a particular person or corporation and privileged consultation with legal counsel; also included in motion Ms. Grottenthaler moved, seconded by Dr. Lax that the Board appoint Mr. Hurley as Clerk Pro Tem in the absence of the Clerk. (9:40 p.m.). Also invited into Executive Session were Mr. Hochreiter, Mr. Van Keuren and Attorney Conrad Wolan.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Janet M. Watson
District Clerk
RETURN TO OPEN SESSION / Mr. McGovern moved, seconded by Ms. Grottenthaler that the Board return to Open Session. (10:09 p.m.)
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Dan Hurley
Clerk Pro Tem
RECONVENED / The meeting reconvened at 10:10 p.m.
CONSENT ITEMS
Approval of 2009-2010 BOCES Service Contract
Change Orders
Approval of Collective Bargaining Agreement with the Custodial, Maintenance and Cafeteria Workers (C.M.C.W.)
Approval of Collective Bargaining Agreement with the Instructional Support Education Association (I.S.E.A.)
Approval of Statement of Unpaid Taxes and Transmittal of Unpaid Taxes to the Appropriate Tax Enforcement Officers
Approval of Change Order No SC-01 for Elmira Free Academy in the amount of $27,522.37
Approval of Recommendation for Mercury Abatement at Beecher Elementary School
Approval of Committee on Special Education (CSE) Recommendation
Approve Compliance Solutions for hazardous waste training / Dr. Lax moved, seconded by Mr. Hurley that the Board approves the contract for services provided by BOCES in 2009-2010 in the amount of $16,102,057.00 and authorizes the Superintendent of Schools to sign the agreement.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Mr. McGovern moved, seconded by Dr. Lax that the Board
approves the Fassett Elementary School Project Change Order
No. GC-002 in the amount of $22,926.00 and the Fassett
Elementary School Project Change Order No. E-011 in the
amount of $11,389.00.
Mr. Hurley moved, seconded by Mr. McGovern approve the Collective Bargaining Agreement with the Custodial, Maintenance and Cafeteria Workers (C.M.C.W.) Pursuant to Section 204-a of the Civil Service Law (Taylor Law) the Board of Education approves the additional funds required to implement the attached Tentative Agreement with the Elmira Custodial, Maintenance and Cafeteria Workers (C.M.C.W.) covering the period July 1, 2009 through June 30, 2010.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Mr. McGovern moved, seconded by Dr. Lax that the Board approve the Collective Bargaining Agreement with the Instructional Support Education Association (I.S.E.A.) Pursuant to Section 204-a of the Civil Service Law (Taylor Law) the Board of Education approves the additional funds required to implement the attached Tentative Agreement with the Elmira Instructional Support Education Association (I.S.E.A.) covering the period July 1, 2009 through June 30, 2010.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Mr. McGovern moved, seconded by Dr. Lax that the Board the following resolution:
Whereas the school tax collecting officer has reported that $2,151,717.65 of school taxes were returned against the warrant of September 19, 2008 in connection with the school year 2008-09 of which $1,221,602.33 is against property situated within the limits of the City of Elmira and $930,115.32 is against property situated outside the limits of the City of Elmira.
Whereas said tax collecting officer’s statement has been compared with the original school tax roll and found to be correct, now therefore
Be it resolved that the tax collecting officer’s statement of unpaid taxes be transmitted to the appropriate tax enforcement officers as outlined under Section 1332 of the Real Property Tax Law.
Motion Carried:
Yes: Fisher, Graham, Grottenthaler, Hurley, Lax, McGovern
No: None
Absent: Jackson, McCall, Strange
Ms. Grottenthaler moved, seconded by Dr. Lax that the Board
approves the Elmira Free Academy Project Change Order No.
SC-01 in the amount of $27,522.37.