OPSB Business Board Meeting July 16, 2013
ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana 70116 July 16, 2013 5:00 p.m.
CALL TO ORDER - ROLL CALL PLEDGE OF ALLEGIANCE ADOPTION OF THE AGENDA Additions/ Deletions/ Modifications CONSIDERATION OF MINUTES: June 13, 2013 Accountability Committee Meeting June 13, 2013 Property Committee Meeting June 13, 2013 Budget & Finance Committee Meeting June 13, 2013 Policy Committee Meeting June 13, 2013 Legal & Legislative Committee Meeting June 18, 2013 Regular Board Business Meeting SUPERINTENDENT’S AGENDA: PRESENTATION(S):
Superintendent Search Firm Update One App Update
Board President Ira Thomas Dr. Armand Devezin
COMMITTEE REPORTS: Accountability Committee, Ms. Sarah Usdin, Chair The Accountability Committee met at 1:12 pm on July 11, 2013. Item(s) forwarded to the full Board with recommendation: Request for Advisory Opinion The committee received the following presentation(s): McDonogh 35 Update The committee received and discussed the following informational items: New & Expanding Charter Update: Bricolage, Plessy, InspireNola, Einstein Extension 2)
Property Committee: Mr. Nolan Marshall Jr, Chair The Property Committee met at 1:35 pm on July 11, 2013.
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OPSB Business Board Meeting July 16, 2013
The committee received and discussed the following informational item(s): Superintendent’s Report Capital Projects Report 3)
Legal and Legislative Committee: Mr. Seth Bloom, Chair The Legal and Legislative Committee met at 2:22 July 11, 2013. Item(s) forwarded to the full Board with recommendation: Approval of Interim Superintendent Contract The Legal & Legislative Committee went into Executive Session at 3:09 pm and reconvened at 3:28 pm. A quorum was established and an Executive Session report was provided by Mr. Ed Morris, General Counsel.
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Policy Committee: Ms. Cynthia Cade, Chair The Policy Committee met at 3:50 pm on July 11, 2013. The committee received and discussed the following policies for 2nd reading: J939 – Bullying, Intimidation, Harassment, and Hazing (amendment to current policy) The committee received and discussed the following informational item(s): Update on Moton School Research
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Budget and Finance Committee, Ms. Leslie Ellison, Chair The Budget & Finance Committee met at 4:50 pm on July 11, 2013 Item(s) forwarded to the full Board with recommendation: Resolution 21-13: The 2014 Millages Resolution 22-13:Revenue Anticipation Notes General Liability Insurance Renewal Package Request for Approval on the FY2014 OPSB Stipend & Supplemental Compensation Scales The Committee received and discussed the following informational items. Canned Goods and Staples for Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0001)
Frozen Foods, Juices and Vegetables for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0003)
Paper Products for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0006)
The Committee received and discussed the following items. Items forwarded to the full Board as CONSENT AGENDA: 1. Direct Diversion of USDA Commodities for the 2013-2014 Fiscal Year for the Child Nutrition Program 2
OPSB Business Board Meeting July 16, 2013
2. Meat, Seafood, and Poultry for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0005) 3. Milk for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0002) ADOPTION OF CONSENT AGENDA ACTION ITEMS: The Orleans Parish Board is asked to act upon the following action items: 1. Approval of Interim Superintendent Contract Rationale: At the February 19, 2013 Board Meeting, the Orleans Parish School Board under Action Item 11 approved a motion by Board Member Seth Bloom, seconded by Sarah Usdin for the Board President and Vice President to correct the errors on the Interim Superintendent existing contract with general counsel and to bring the item back for ratification. The motion passed with 5 ayes and 1 abstention. Recommendation: That the Orleans Parish School Board approves the amended contract as presented. 2. Adoption of Amended Policy J939 – Bullying, Intimidation, Harassment, and Hazing Rationale: The proposed amendment corrects a typographical error in the meeting notice waiver language and revises the notice provisions so that they more closely mirror statutory requirements. Recommendation: That the Orleans Parish School Board adopts amended Policy J939 – Bullying, Intimidation, Harassment, and Hazing 3. Resolution 21-13: The 2014 Millages
Rationale: A resolution adopting the calendar year 2014 millage rates for the Orleans Parish School Board’s Constitutional Millage, Purpose A Millage, Purpose B Millage, Purpose C Millage, Purpose D Millage and the millage for general obligation bonds on all the property subject to taxation in Orleans Parish, State of Louisiana. Recommendation: That the Orleans Parish School Board adopt Resolution 21-13: The 2014 Millages 4. Resolution 22-13:Revenue Anticipation Notes
Rationale: A resolution authorizing the issuance and sale of Anticipation Notes, Series 2013 of the Orleans Parish School Board, State of Louisiana, in a principal amount not to exceed $50,000,000; making application to the State Bond Commission for consent and authority for such borrowing; and providing for other matters with respect to the forgoing. Recommendation: That the Orleans Parish School Board adopt Resolution 22-13: Revenue Anticipation Notes 5. General Liability Insurance Renewal Package 3
OPSB Business Board Meeting July 16, 2013
Rationale: Orleans Parish School Board approves the renewal of the Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability insurance policies through Arthur J. Gallagher Risk Management Services, Inc., and authorizes the Board President to sign the renewal agreements. Recommendation: That Orleans Parish School Board renews the Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability insurance policies through Arthur J. Gallagher Risk Management Services, Inc., and authorizes the Board President to sign the renewal agreements. 6. Uninsured Motorist Bodily Injury (UMBI) Motion Rationale: Propose a motion to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy and further move to authorize Mr. Ira Thomas to sign on behalf of Orleans Parish School Board to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy. Recommendation: That Orleans Parish School Board approves the motion to reject UMBI coverage. 7. Request for Approval on the FY2014 OPSB Stipend & Supplemental Compensation Scales Rationale: The Louisiana State Department of Education and regulations for reimbursement by federal programs of expended funds budgeted in federal grant applications require an annual adoption by the OPSB of a compensation scale for professional development stipends and supplemental compensation for employees who perform work beyond the regular work day. The attached Stipend and Supplemental Compensation Scale includes extracurricular, summer, and professional development compensation for regular employees, and casual employees including substitute teachers, hourly pay rates Only OPSB approved rates may be used for compensation of the above described activities performed after regular work hours. Recommendation: That the Orleans Parish School Board FY 2014 OPSB Stipend and Supplemental Compensation Scale as recommended by Administration. 8. Request for Advisory Opinion from the Ethics Board Rationale: An advisory opinion from the Ethics Board in regard to the Thurgood Marshall College Fund Collegiate Academies @ SUNO charter application and a potential conflict of interest with a Board member is requested. Recommendation: The Orleans Parish School Board authorizes the Charter School Office & Legal Counsel to proceed with a request for an advisory opinion regarding the Thurgood Marshall College Fund Collegiate Academies @ SUNO application RECESS TO EXECUTIVE SESSION: Litigation Matters: 1. T.S and C.S v. Orleans Parish School Board, et al., USDC EDLA No. 2012-02170. Personal Injury Litigation. Request for settlement approval. 4
OPSB Business Board Meeting July 16, 2013
RECONVENE FROM EXECUTIVE SESSION/ROLL CALL: REPORT ON EXECUTIVE SESSION Litigation Matters: 1. T.S and C.S v. Orleans Parish School Board, et al., USDC EDLA No. 2012-02170. Personal Injury Litigation. Request for settlement approval. ANNOUNCEMENTS
Robert R. Moton Charter School Groundbreaking July 17, 2013 @ 10:00 a.m. 8550 Curran Road
Louis “Satchmo” Armstrong Summer Jazz Camp Student Culminating Concert July 19, 2013 - 8:00pm to 10:00pm Loyola University, 6363 St. Charles Avenue Communications/Music Building - Roussel Hall (corner of Calhoun & St. Charles Ave.) Concert is free and open to the public.
ADJOURNMENT
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Accountability Committee Meeting Minutes June 13, 2013 Pending Board Approval
ORLEANS PARISH SCHOOL BOARD ACCOUNTABILITY COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Room 4050 New Orleans, LA 70114 June 13, 2013 1:00 PM An audio recording of the meeting is available in the Board Office.
The Accountability Committee convened for a meeting on Thursday, June 13, 2013 at 3520 General de Gaulle Drive, Suite 4050, New Orleans, LA 70114. Mrs. Sarah Newell Usdin, Committee Chair, called the meeting to order at 1:20 PM. Committee Roll Call: Sarah Usdin, present; Woody Koppel, present; Nolan Marshall, Jr., present; Cynthia Cade, present; and *Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Leslie Ellison; Seth Bloom; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. *Arrived late ADOPTION OF THE AGENDA Motion to adopt the agenda was made by Woody Koppel, seconded by Nolan Marshall. Motion passed unanimously. ACTION ITEM(S) The Mr. Holland's Opus Foundation Grant Agreement Stanley Smith asked that the Board acknowledge receipt of the Mr. Holland’s Opus Foundation Grant. Motioned to accept the grant was made by Woody Koppel, seconded by Cynthia Cade. Motion passed unanimously. REPORTS / PRESENTATION(S) Performance Framework Orientation Presentation presented by William Haft and Whitney Spalding Spencer of the National Association of Charter School Authorizers. Cade asked a question in reference to identifying schools having problems and finding solutions. Response provided by Spencer and Kathleen Padian, Deputy Superintendent. Thomas stated that moving forward; we need to have clearly defined measures in place. Usdin asked the NACSA representatives if they had experienced a similar framework used throughout an entire district and to what degree of success. Response provided by Haft. Usdin asked Smith if OPSB have any plans for this framework being used more broadly across all
of our schools to ensure that OPSB is given clear accountability to every parent. Response provided by Smith. DISCUSSION/INFORMATION ITEM(S) 1. a. Graduation Report provided and presented by Gail Audrict, Director of Curriculum and Instruction. Marshall inquired about the distribution of scholarship funds amongst the students. He requested that additional information be added to the report; number of students receiving scholarships and the highest scholarship awarded to each student. b. OPSB 21st Century Grant Awarded: Easton, Karr, McDonogh 35, McMain, and New Orleans Science & Math; information provided and presented by Audrict. 2. Kellogg Grant – Mahalia Jackson School; information provided by Lakeysha London, Principal of Mahalia Jackson School. London acknowledged Dr. Rosalynne Dennis and Charmaine Lewis, teacher, for assisting with the grant; Wayne DeLarge, Comptroller, and the finance team for assisting with the budget; and Smith for allowing the opportunity. 3. Food Service Operations report provided by Rosie Jackson, Director of Child Nutrition, and presented by Smith. 4. a. Type 1 Charter / Non Profit Organizations b. New Charter Update: Bricolage, Plessy, InspireNola c. Encore, Bricolage and Plessy 21st Century Grant Agreement Charter schools updates provided and presented by Padian. Thomas inquired about the Intercultural modular cite that is in need of repairs. Response provided by Padian. 5. One App Update provided by Dr. Armand Devezin. Usdin asked Gabriela Fighetti, RSD – Executive Director of Enrollment, to give a brief overview of the One App Process citywide. Thomas expressed parents’ concerns; Cade probed questions about the application; and Marshall stated his concerns about the program. Responses provided by Fighetti. Usdin suggested that Dr. Devezin work with the RSD to address the concerns mentioned by Thomas and ensure that all the students are being assisted. Also, to gather all data from those that are / are not getting what was requested. Ellison suggested to Interim Superintendent Smith that the One App Update be added to the June 18, 2013 Board meeting agenda as an action item. ADJOURNMENT Motion to adjourn was made by Woody Koppel; seconded by Cynthia Cade at 2:43 PM.
Property Committee Meeting Minutes June 13, 2013 Pending Board Approval
ORLEANS PARISH SCHOOL BOARD PROPERTY COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Suite 4050 New Orleans, LA 70114 June 13, 2013 2:00 PM An audio recording of the meeting is available in the Board Office.
The Property Committee convened for a meeting on Thursday, June 13, 2013 at 3520 General de Gaulle Drive, Suite 4050, New Orleans, LA 70114. Mr. Nolan Marshall, Jr., Committee Chair, called the meeting to order at 2:56 PM. Committee Roll Call: Nolan Marshall, Jr., present; Woody Koppel, present; Leslie Ellison, present; Cynthia Cade, present; and Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Sarah Usdin; Seth Bloom; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. ADOPTION OF THE AGENDA Deletion: Action Item No. 1, Resolution No. 20-13 Leverage Financing Motion to amend the agenda deleting Action Item No. 1, Resolution No. 20-13 Leverage Financing, was made by Woody Koppel; seconded by Ira Thomas. Motion to adopt the agenda as amended was made by Woody Koppel; seconded by Ira Thomas. ACTION ITEM(S) (no information submitted) DISCUSSION/INFORMATION ITEM(S) 1. Resolution 20-13 Leverage Financing (Item Deleted) 2. The Davis-Bacon Act – 40 U.S.C. 3141 et seq.; Discussion item introduced by Thomas, information presented by Smith. Thomas asked General Counsel Morris and Superintendent Smith to research the Davis-Bacon Act to see if it’s explicable to FEMA projects and to provide a report for the committee. 3. Capital Projects Report provided and presented by Herman Taitt. Taitt reported on McDonogh #7
in lieu of the Capital Projects Report.
Property Committee Meeting Minutes June 13, 2013 Pending Board Approval
Koppel inquired about accommodating Audubon Montessori School (Carrollton cite) and dates to provide to the parents of Audubon students. Response provided by Taitt. Marshall suggested adding an action item to the Board meeting agenda to move forward with accommodating Audubon and provide the following information to Audubon definitively: use of the McDonogh #7 site, its availability, and arrangements to accommodate Audubon. If information isn’t available by the June 2013 Board meeting, Marshall will call for a Special Board meeting at a later date. Thomas suggested that the Smith prepare a letter notifying parents of the problem. (A letter was provided to Janice Dupuy, Principal of Audubon Montessori, prior to the end of the Property Committee meeting.) 4. McDonogh 35 Cooling Tower Replacement; information provided and presented by Leslie Rey, Director of Purchasing. 5. Facility Assignment Matrix; information provided and presented by Kathleen Padian, Deputy Superintendent.
6. Kenilworth School Update; item introduced by Cynthia Cade. Cade is mostly interested in knowing which school will occupy the Kenilworth School building; she’s advocating for Moton School. Cade motioned to add the Kenilworth School cite to the June 18, 2013 Board meeting agenda to name the school cite for Moton School; seconded by Leslie Ellison. An alternative was offered by Superintendent Smith. Smith would like to meet with Moton’s representatives to discuss the current cost of operating a new school of that size, experiences of other operators, and the lease agreement other operators are asked to sign.
REPORTS / PRESENTATION(S) (no information submitted) ADJOURNMENT Motion to adjourn was made by Woody Koppel; seconded by Cynthia Cade at 3:50 PM.
Budget & Finance Committee Meeting Minutes June 13, 2013 Pending Board Approval
ORLEANS PARISH SCHOOL BOARD BUDGET & FINANCE COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Room 4050 New Orleans, LA 70114 June 13, 2013 4:00 PM An audio recording of the meeting is available in the Board Office.
The Budget and Finance Committee convened for a meeting on Thursday, June 13, 2013 at 3520 General de Gaulle Drive, Suite 4050, New Orleans, LA 70114. Ms. Leslie Ellison, Committee Chair, called the meeting to order at 5:08 PM. Committee Roll Call: Leslie Ellison, present; Woody Koppel, present; Nolan Marshall, Jr., present; Seth Bloom, present; and Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Cynthia Cade; Sarah Usdin; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. Adoption of the Agenda Motion to adopt the agenda was made by Woody Koppel, seconded by Seth Bloom. Motion passed unanimously. FINANCE ACTION ITEM(S) 1. Resolution 15-13: Residential Anti-displacement Plan
Rationale: A resolution adopting the Orleans Parish School Board Residential Anti-displacement and Relocation Assistance Plan for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program. Recommendation: That the Orleans Parish School Board adopt Resolution 15-13: Residential Antidisplacement Plan Motion to waive the reading of Resolution 15-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 15-13 was made by Woody Koppel; seconded by Seth Bloom. 2. Resolution 16-13: Section 3 Plan Rationale: A resolution adopting the Orleans Parish School Board Residential Section 3 Plan for use
in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program Recommendation: That the Orleans Parish School Board adopt Resolution 16-13: Section 3 Plan Motion to waive the reading of Resolution 16-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 16-13 was made by Woody Koppel; seconded by Seth Bloom.
In accordance with the Americans with Disabilities Act, if you need special assistance at a public meeting of the Orleans Parish School Board, please contact the Board Office at 504‐304‐5678, or by email at BoardOffice@nops.k12.la.us , describing the assistance that is necessary.
3. Resolution 17-13: Non-discrimination of the Basis of Disability Rationale: A resolution adopting the Orleans Parish School Board guidelines regarding nondiscrimination on the basis of disability, for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program. Recommendation: That the Orleans Parish School Board adopt Resolution 17-13: Nondiscrimination of the Basis of Disability Motion to waive the reading of Resolution 17-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 17-13 was made by Woody Koppel; seconded by Seth Bloom.
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Resolution 18-13: Section 504 Communications Guidelines Rationale: A resolution adopting the Orleans Parish School Board Section 504 Communication Guidelines for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program as funded under the Hurricanes Katrina/Rita CDBG Disaster Recovery Program. Recommendation: That the Orleans Parish School Board adopt Resolution 18-13: Section 504 Communications Guidelines Motion to waive the reading of Resolution 18-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 18-13 was made by Woody Koppel; seconded by Seth Bloom.
5. Resolution 19-13: Capital Projects Budget Amendment #4 Rationale: A fiscal resolution authorizing the fourth (4th) amendment to the Capital Projects Budget of Revenues and Expenditures for the fiscal year beginning July 1, 2012, and ending June 30, 2013. Recommendation: That the Orleans Parish School Board adopt Resolution 19-13: Capital Projects Budget Amendment #4 Motion to waive the reading of Resolution 19-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 19-13 was made by Woody Koppel; seconded by Seth Bloom.
6. Resolution 20-13: Leverage Financing Rationale: A resolution authorizing and directing the Orleans Parish School Board’s General Counsel and Bond Counsel to form such public benefit corporations and to draft such ground leases and/or such other agreements as may be necessary to implement leveraged financing transactions to complete the construction of McDonogh 35, McDonogh 42 and North Kenilworth schools in accordance with the School Facilities Master Plan as revised in October 2011; and providing for other matters in connection therewith Recommendation: That the Orleans Parish School Board adopt Resolution 20-13: Leverage Financing Motion to waive the reading of Resolution 20-13 was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt Resolution 20-13 was made by Woody Koppel; seconded by Seth Bloom.
7. McDonogh 35 Cooling Tower Replacement Rationale: On April 24, 2013 the OPSB Purchasing Department released Invitation to Bid (ITB) no. 17413 for the HVAC repairs at Timbers III. The ITB was advertised in the Times-Picayune and posted to the OPSB website. A mandatory pre-bid conference was held on May 2, 2013. On May 8,
2013 at 2:00 P.M. a public bid opening was conducted at the OPSB offices by the Purchasing Department. Recommendation: That the Orleans Parish School Board accepts the lowest responsive bid from GCA Services Group, Education Division in the amount of $137,491.00 and authorize the OPSB General Counsel to prepare a contract. In addition, OPSB Administration requests that the OPSB approve a 10% contingency for any unforeseen conditions. Additional work will not be performed until approved by the OPSB Executive Director of Operations by way of a field change order. Motion to accept the McDonogh 35 Cooling Tower Replacement was made by Woody Koppel; seconded by Seth Bloom. 8. Auditing Services Recommendation: That Orleans Parish School Board approves administrations recommendation for the firm of LaPorte Sehrt Romig Hand firm to be selected as the School District’s external auditors for FY 12-13 with an option to renew for the subsequent 4 years. Motion to approve the Auditing Services was made by Woody Koppel; seconded by Seth Bloom. 9. Approval of Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board Recommendation: That the Orleans Parish School Board approves the Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board Motion to approve the Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board was made by Woody Koppel; seconded by Seth Bloom.
PURCHASING ACTION ITEMS Consent Agenda: 1. Direct Diversion of USDA Commodities for the 2013-2014 Fiscal Year for the Child Nutrition Program 2. Canned Goods and Staples for Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0001) 3. Meat, Seafood, and Poultry for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0005) 4. Milk for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0002) 5. Frozen Foods, Juices and Vegetables for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0003)
ADOPTION OF CONSENT AGENDA Motion to move Consent Agenda Items to the full Board for adoption was made by Woody Koppel; seconded by Seth Bloom. DISCUSSION/INFORMATION ITEM(S)
1. a. May 2013 Financial Statements b. Revised Budget Timeline Discussion items presented by Wayne DeLarge. ADJOURNMENT Motion to adjourn was made by Woody Koppel; seconded by Nolan Marshall, Jr. at 5:27 PM.
Policy Committee Meeting Minutes June 13, 2013 Pending Board Approval
ORLEANS PARISH SCHOOL BOARD POLICY COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Suite 4050 New Orleans, LA 70114 June 13, 2013 3:00 PM An audio recording of the meeting is available in the Board Office.
The Policy Committee convened for a meeting on Thursday, June 13, 2013 at 3520 General de Gaulle Drive, Suite 4050, New Orleans, LA 70114. Ms. Cynthia Cade, Committee Chair, called the meeting to order at 4:50 PM. Committee Roll Call: Cynthia Cade, present; Seth Bloom, present; Leslie Ellison, present; Sarah Usdin, present; and Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Nolan Marshall, Jr.; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. Adoption of the Agenda Deletion: OPSB Policy D429, Bids and Quotations for second reading. Modification: OPSB Policy J939 is listed as Second Reading; modify to First Reading. Motion to accept amendments to the agenda was made by Cynthia Cade; seconded by Seth Bloom. No motion to adopt the amended agenda. OPSB Policies – First Reading
J939 – Bullying, Intimidation, Harassment, and Hazing (amendment to current policy) Rationale: The proposed amendment complies with the requirements of Act 861 of the 2012 Legislative Session, which among other changes, amended the definition of bullying and required the governing authorities of public elementary and secondary schools to ensure that their bullying policies specifically address bullying as provided for under State law, particularly La. R.S. 17:416.13.
OPSB Policies – Second Reading (DELETED)
D429 – Bids and Quotations (amendment to current policy) Rationale: The proposed amendment authorizes the Board President, upon recommendation of the Superintendent, to certify the existence of an emergency in an effort to prevent any possible delay that may occur as a result of the need to gather a quorum of the full Board to certify such emergency.
Policy Committee Meeting Minutes June 13, 2013 Pending Board Approval
B210 – Board Meeting Procedures (amendment to current policy) Rationale: The proposed amendment corrects a typographical error in the meeting notice waiver language and revises the notice provisions so that they more closely mirror statutory requirements.
ACTION ITEM(S) (no items submitted) DISCUSSION/INFORMATION ITEM(S) Moton School Update (Item discussed in Property Committee Meeting)
E530 – Disadvantaged Business Enterprise (DBE) Program / McDonogh 35 (Item wasn’t discussed)
Benjamin Mayes Update (Item wasn’t discussed)
ADJOURNMENT Motion to adjourn was made by Seth Bloom; seconded by Woody Koppel at 5:07 PM.
Legal and Legislative Committee Meeting Minutes June 13, 2013 Pending Board Approval Â
ORLEANS PARISH SCHOOL BOARD LEGAL and LEGISLATIVE COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Suite 4050 New Orleans, LA 70114 June 13, 2013 2:30 PM An audio recording of the meeting is available in the Board Office.
The Legal and Legislative Committee convened for a meeting on Thursday, June 13, 2013 at 3520 General de Gaulle Drive, Suite 4050, New Orleans, LA 70114. Mr. Seth Bloom, Committee Chair, called the meeting to order at 3:51 PM. Committee Roll Call: Seth Bloom, present; Woody Koppel, present; Sarah Usdin, present; Cynthia Cade, present; and Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Leslie Ellison; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. Adoption of the Agenda Addition: Discussion Item - Superintendent Search Proposed Process Motion to accept amendments to the agenda was made by Woody Koppel; seconded by Seth Bloom. Motion to adopt the amended agenda was made by Woody Koppel; seconded by Seth Bloom. ACTION ITEM(S) (no items submitted) DISCUSSION/INFORMATION ITEM(S) 1. Superintendent Search Proposed Process presented by Superintendent Smith. Ellison asked that Smith advise the Board of who the recommendations are to serve on the superintendent search committee. Koppel made a friendly amendment to add an action item to the June 18, 2013 Board meeting agenda outlining the superintendent search process and each Board member can name one person from the community to serve on the search committee. 2. Legislative Update provided by Smith.
RECESS TO EXECUTIVE SESSION Motion to adjourn to Executive Session was made by Cynthia Cade; seconded by Woody Koppel at 4:14 PM. The motion passed unanimously. Litigation Matters: 1. Frank Marcello d/b/a Marcello Distributors versus Orleans Parish School Board, 23rd JDC No. 00102470 Claim for Reimbursement – Request for settlement authority; 2. City of New Orleans versus Orleans Parish School Board, Code Enforcement and Hearings Bureau Case No. 13-00312-PNBL. Potential Litigation regarding City of New Orleans Code Enforcement finding relative to 3500 and 3510 General DeGaulle Drive – Status Report; 3. Eddy Oliver, et al. versus Orleans Parish School Board, et. al., CDC No. 2005-1224. Employee Litigation– Status Report; 4. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation
RECONVENE FROM EXECUTIVE SESSION/ROLL CALL: The committee reconvened at 4:45 PM. Committee Roll Call: Seth Bloom, present; Woody Koppel, present; Sarah Usdin, present; Cynthia Cade, absent; and Ira Thomas, Sr., present. The Committee had a quorum. Also present were the following: Leslie Ellison; Stanley Smith, Interim Superintendent; and Edward Morris, General Counsel. REPORT ON EXECUTIVE SESSION Litigation Matters: 1. Frank Marcello d/b/a Marcello Distributors versus Orleans Parish School Board, 23rd JDC No. 00102470 Claim for Reimbursement – Request for settlement authority; 2. City of New Orleans versus Orleans Parish School Board, Code Enforcement and Hearings Bureau Case No. 13-00312-PNBL. Potential Litigation regarding City of New Orleans Code Enforcement finding relative to 3500 and 3510 General DeGaulle Drive – Status Report; 3. Eddy Oliver, et al. versus Orleans Parish School Boar, et. al., CDC No. 2005-1224. Employee Litigation– Status Report;
4. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation Litigation Matters referred to the full Board. ADJOURNMENT Motion to adjourn was made by Woody Koppel; seconded by Sarah Usdin at 4:46 PM.
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL
ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana 70116 June 18, 2013 5:00 p.m.
The Orleans Parish School Board convened for a Board Business Meeting on Tuesday, June 18, 2013, in the Auditorium of McDonogh #35 High School, 1331 Kerlerec St., New Orleans, LA. Mr. Ira Thomas, Board President, called the meeting to order at 5:15 PM. Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, present; Ms. Sarah Usdin, present; Ms. Leslie Ellison, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present; Mr. Nolan Marshall, present; Mr. Stan Smith, Interim Superintendent, present; Mr. Edward Morris, General Counsel, also served as parliamentarian. A quorum was established. An audio recording of the meeting is available in the Board Office. Mr. Ira Thomas led the Board in the Pledge of Allegiance. ADOPTION OF THE AGENDA Additions, Modifications or Deletions Item(s) deleted from the 06/18/13 agenda: Executive Session Action item #4 the City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation – No need to discuss in Executive Session. Item(s) added to the 06/18/13 agenda: Proposed Process for Picking the Superintendent Search Firm. The item was added as action item #16. Modification(s) to the 06/18/13 agenda: Item #13 Amendment to One App process for the 2013/2014 School Year was moved to the first action item Board member Usdin requested the following: • That action item #11 Authorization to seek an Attorney General’s opinion regarding the New Orleans Office of Inspector General’s (OIG) audit request be after Executive Session • That action item #4 City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation be retained on Executive Session agenda so that the Board can vote on the item after Executive Session. • That that action item #13 Amendment to One App process for the 2013/2014 School Year be moved to the first action item with respect to the number of people in the 1
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL audience from McDonogh 35, others in the community and so that the Board can be respectful of time. With regards to action item # 11 Authorization to seek an Attorney General’s opinion regarding the New Orleans Office of Inspector General’s (OIG) audit request General Counsel also stated that there was no need to have the item on the Executive Session agenda because the Board had already had discussions on the full parameters of the audit during the 06/13/13 Legal Committee meeting. Motion to adopt the agenda as amended was made by Sarah Usdin and seconded by Woody Koppel. The motion passed unanimously. Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Motion to adopt the agenda was made by Seth Bloom and seconded by Leslie Ellison. The motion passed unanimously. Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
There was a second motion to amend the agenda to move action item #12 Assignment of Pre K-8 North Kenilworth facility to Robert Russa Moton Charter School to the beginning of the agenda was made by Cynthia Cade and seconded by Woody Koppel. The Motion passed unanimously with 7 Ayes and 0 Nays CONSIDERATION OF MINUTES • • • • •
May 16, 2013 Accountability Committee Meeting May 16, 2013 Property Committee Meeting May 16, 2013 Budget & Finance Committee Meeting May 14, 2013 Policy Committee Meeting May 21, 2013 Regular Board Business Meeting
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OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL
There was one amendment made to the May 14, 2013 Policy Committee Minutes. The day of the week was written in the minutes as Thursday and it should have been written as Tuesday. Motion to approve minutes as amended with the recommended modifications and to dispense with the reading of the minutes was made by Woody Koppel, seconded by Seth Bloom. Motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Motion to approve minutes of the following meetings: May 14, 2013 Policy Committee Meeting, May 16, 2013 Accountability, Property and Budget & Finance Committee meetings and May 21, 2013 Regular Business Meeting was made by Woody Koppel seconded by Seth Bloom. Motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
SUPERINTENDENT’S AGENDA • (no items submitted) DISCUSSION: • (no items submitted) COMMITTEE REPORTS: 1)
Accountability Committee, Ms. Sarah Usdin, Chair The Accountability Committee met at 1:20 pm on June 13, 2013. The committee received the following presentation(s): • Performance Framework Orientation 3
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL The committee received and discussed the following informational items: • Graduation Report st • OPSB 21 Century Grant Awarded: Easton, Karr, McDonogh 35, McMain, Science & Math • Kellogg Grant – Mahalia Jackson School • Food Service Operations • Type 1 Charter / Non Profit Organizations • New Charter Update: Bricolage, Plessy, InspireNola st • Encore, Bricolage and Plessy 21 Century Grant Agreement • One App Update 2)
Property Committee: Mr. Nolan Marshall Jr, Chair The Property Committee met at 2:56 pm on June 13, 2013. The committee received and discussed the following informational item(s): • The Davis- Bacon Act - 40 U.S.C. 3141 et seq. • Capital Projects Report • McDonogh 35 Cooling Tower Replacement • Facility Assignment Matrix • Kenilworth School Update
3)
Legal and Legislative Committee: Mr. Seth Bloom, Chair The Legal and Legislative Committee met at 3:51 June 13, 2013. The committee received and discussed the following informational item(s): • Superintendent Search Proposed Process RE: Proposed Process for Picking the Superintendent Search Firm The Legal & Legislative Committee went into Executive Session at 4:14 pm and reconvened at 4:45 pm. A quorum was established and an Executive Session report was provided by Mr. Ed Morris, General Counsel.
4)
Policy Committee: Ms. Cynthia Cade, Chair The Policy Committee met at 4:50 pm on June 13, 2013. The committee received and discussed the following policies for 2nd reading: • B210 – Board Meeting Procedures (amendment to current policy) The committee received and discussed the following policies for 1st reading: J939 – Bullying, Intimidation, Harassment, and Hazing (amendment to current policy)
5)
Budget and Finance Committee, Ms. Leslie Ellison, Chair The Budget & Finance Committee met at 4:58 pm on June 13, 2013 Item(s) forwarded to the full Board with recommendation: • Resolution 15-13: Residential Anti-displacement Plan • Resolution 16-13: Section 3 Plan • Resolution 17-13: Non- discrimination of the Basis of Disability • Resolution 18-13: Section 504 Communications Guidelines 4
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL • • • • •
Resolution 19-13: Capital Projects Budget Amendment #4 Resolution 20-13: Leverage Financing McDonogh 35 Cooling Tower Replacement Auditing Services Approval of Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board
The Committee received and discussed the following reports. • May 2013 Financial Statements • Revised Budget Timeline
The Committee received and discussed the following items. Items forwarded to the full Board as CONSENT AGENDA: 1. Direct Diversion of USDA Commodities for the 2013-2014 Fiscal Year for the Child Nutrition Program 2. Canned Goods and Staples for Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0001) 3. Meat, Seafood, and Poultry for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0005) 4. Milk for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0002) 5. Frozen Foods, Juices and Vegetables for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0003) 6. Paper Products for the Child Nutrition Program for the 2013-2014 Fiscal Year (Invitation to Bid No. 14-CN-0006) ADOPTION OF CONSENT AGENDA Motion to defer Consent agenda items until next Board meeting was made by Woody Koppel and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Leslie Ellison Cynthia Cade Woody Koppel
Yes Yes Yes
5
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL Motion to resend the deferral of Consent agenda items was made by Woody Koppel and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Motion to conditionally approve the bids for Consent agenda items and to allow General Counsel to do research and to determine whether the bids can be resended was made by Nolan Marshall and seconded by Leslie Ellison. Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
ACTION ITEMS: The Orleans Parish Board is asked to act upon the following action items: •
Action Item No. 1: Resolution 15-13: Residential Anti-displacement Plan Rationale: A resolution adopting the Orleans Parish School Board Residential Antidisplacement and Relocation Assistance Plan for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program. Recommendation: That the Orleans Parish School Board adopt Resolution 15-13: Residential Anti-displacement Plan Motion to adopt Resolution 15-13: Residential Anti-displacement Plan and to waive the reading of the resolution was made by Woody Koppel and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays. Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS
Yes Yes Yes Yes 7
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
6
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL NAYS ABSENTS ABSTENTIONS •
0 0 0
Action Item No. 2: Resolution 16-13: Section 3 Plan Rationale: A resolution adopting the Orleans Parish School Board Residential Section 3 Plan for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program Recommendation: That the Orleans Parish School Board adopt Resolution 16-13: Section 3 Plan Motion to adopt Resolution 16-13: Section 3 Plan and to waive the reading of the resolution was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
•
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 3: Resolution 17-13: Non- discrimination of the Basis of Disability Rationale: A resolution adopting the Orleans Parish School Board guidelines regarding nondiscrimination on the basis of disability, for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program. Recommendation: That the Orleans Parish School Board adopt Resolution 17-13: Nondiscrimination of the Basis of Disability Motion to adopt Resolution 17-13: Non- discrimination of the Basis of Disability and to waive the reading of the resolution was made by Sarah Usdin, and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
7
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL •
Action Item No. 4: Resolution 18-13: Section 504 Communications Guidelines Rationale: A resolution adopting the Orleans Parish School Board Section 504 Communication Guidelines for use in the implementation of its Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program as funded under the Hurricanes Katrina/Rita CDBG Disaster Recovery Program. Recommendation: That the Orleans Parish School Board adopt Resolution 18-13: Section 504 Communications Guidelines Motion to adopt Resolution 18-13: Section 504 Communications Guidelines and to dispense with the reading was made by Woody Koppel, and seconded by Leslie Ellison .The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
•
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 5: Resolution 19-13: Capital Projects Budget Amendment #4 Rationale: A fiscal resolution authorizing the fourth (4th) amendment to the Capital Projects Budget of Revenues and Expenditures for the fiscal year beginning July 1, 2012, and ending June 30, 2013. Recommendation: That the Orleans Parish School Board adopt Resolution 19-13: Capital Projects Budget Amendment #4 Motion to adopt Resolution 19-13: Capital Projects Budget Amendment #4 and to waive the reading of the resolution was made by Woody Koppel, and seconded by Seth Bloom. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 6: Resolution 20-13: Leverage Financing 8
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL Rationale: A resolution authorizing and directing the Orleans Parish School Board’s General Counsel and Bond Counsel to form such public benefit corporations and to draft such ground leases and/or such other agreements as may be necessary to implement leveraged financing transactions to complete the construction of McDonogh 35, McDonogh 42 and North Kenilworth schools in accordance with the School Facilities Master Plan as revised in October 2011; and providing for other matters in connection therewith. Recommendation: That the Orleans Parish School Board adopt Resolution 20-13: Leverage Financing Motion for adopt Resolution 20-13: Leverage Financing and to waive the reading of the resolution was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS •
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 7: McDonogh 35 Cooling Tower Replacement Rationale: On April 24, 2013 the OPSB Purchasing Department released Invitation to Bid (ITB) no. 17413 for the HVAC repairs at Timbers III. The ITB was advertised in the TimesPicayune and posted to the OPSB website. A mandatory pre-bid conference was held on May 2, 2013. On May 8, 2013 at 2:00 P.M. a public bid opening was conducted at the OPSB offices by the Purchasing Department. Recommendation: That the Orleans Parish School Board accepts the lowest responsive bid from GCA Services Group, Education Division in the amount of $137,491.00 and authorize the OPSB General Counsel to prepare a contract. In addition, OPSB Administration requests that the OPSB approve a 10% contingency for any unforeseen conditions. Additional work will not be performed until approved by the OPSB Executive Director of Operations by way of a field change order. Motion to approve the McDonogh 35 Cooling Tower Replacement was made by Woody Koppel and seconded by Nolan Marshall. The motion passed with 7 Ayes and 0 Nays. Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS
Yes Yes Yes Yes 7 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
9
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL ABSTENTIONS •
0
Action Item No. 8: Auditing Services Recommendation: That Orleans Parish School Board approves administrations recommendation for the firm of LaPorte Sehrt Romig Hand firm to be selected as the School District’s external auditors for FY 12-13 with an option to renew for the subsequent 4 years. Board member Cynthia Cade made a substitute motion to delete the option to renew with a subsequent four years. There was no second on the motion. Motion to approve Auditing Services was made by Woody Koppel and seconded by Seth Bloom. The motion passed with 7 Ayes and 0 Nay Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
•
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 9: Approval of Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board Recommendation: That the Orleans Parish School Board approves the Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board Motion to approve the Intergovernmental Agreement between Orleans Parish School Board & Vermilion Parish School Board was made by Woody Koppel, and seconded by Leslie Ellison .The motion passed with 7 Ayes and 0 Nays
• Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
10
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL •
Action Item No. 10: The Mr. Holland’s Opus Foundation Grant Agreement Recommendation: That the Orleans Parish School Board approves the Mr. Holland’s Opus Foundation Grant Agreement. Motion to approve The Mr. Holland’s Opus Foundation Grant Agreement was made by Cynthia Cade and seconded by Woody Koppel. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
•
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 11: Authorization to seek an Attorney General’s opinion regarding the New Orleans Office of Inspector General’s (OIG) audit request. Rationale: Article 3, Section 11 of the Louisiana Constitution authorizes only the Legislative Auditor to compel an audit of the fiscal records of independent political subdivisions established directly under the Louisiana Constitution such as the Orleans Parish School Board. Therefore, it is questionable whether the New Orleans OIG may audit the School Board which receives no operating funds from the City of New Orleans and which is not a quasi-public agency or body that is subordinate to the City. The School Board is obligated to comply with a demand for an audit only if legally obligated or compelled to do so. Absent a definitive opinion of the Louisiana Attorney General or a court ruling on this matter, the Orleans Parish School Board must act prudently with respect to the New Orleans OIG’s demand for an audit and must not accede to the assertion by the New Orleans Inspector General that the Orleans Parish School Board is a quasi-public agency subject to the jurisdiction of the City of New Orleans. Recommendation: That the Orleans Parish School Board authorizes its General Counsel to seek an opinion from the Louisiana Attorney General regarding 1) whether New Orleans OIG has the constitutional and statutory authority to compel an audit of the School Board, a political subdivision of the State of Louisiana; and 2) whether the Orleans Parish School Board has the authority to release or to permit an audit of confidential records to or by any entity not approved by the Legislative Auditor. Board member Sarah Usdin made a substitute motion that staff work with the OIG on the audit at no cost to the Orleans Parish School Board. The motion was seconded by Woody Koppel. The motion failed with 3 Ayes and 4 Nays
Ira Thomas, Sr. Sarah Usdin
No Yes
Cynthia Cade Leslie Ellison
No No 11
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes No 3 4 0 0
Woody Koppel
Yes
Motion to approve Authorization to seek an Attorney General’s opinion regarding the New Orleans Office of Inspector General’s (OIG) audit request was made by Cynthia Cade and seconded by Woody Koppel. The motion passed unanimously. •
Action Item No. 12: Assignment of Pre K-8 North Kenilworth facility to Robert Russa Moton Charter School. Recommendation: That OPSB assign the PreK-8 facility at North Kenilworth to Robert Russa Moton Charter School for occupancy in January 2015 in accordance with the provisions of OPSB Policy F606- Assignment of School Buildings. Motion to approve the Assignment of Pre K-8 North Kenilworth facility to Robert Russa Moton Charter School was made by Cynthia Cade and seconded by Leslie Ellison. The motion passed with 7 Ayes and 0 Nay Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
•
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 13: Amendment to One App process for the 2013/2014 School Year Recommendation: That the Orleans Parish School Board approves administrations recommendation for closing out the One App process for the 2013/2014 school year. Motion to approve the Amendment to One App process for the 2013/2014 School Year was made by Seth Bloom and seconded by Woody Koppel. Board member Leslie Ellison made a friendly amendment to remove the mandate that our pending charter applications participate in our Common Enrollment process until the Board has worked out all the kinks in that system. As a point of clarification the provision that Ms. Ellison was speaking to is in the Charter School Operating Agreement. Board member Leslie Ellison withdrew her initial amendment and made another amendment which requests temporary suspension of the Policy A127 and the provision dealing with a Charter School which is authorized after January 1, 2013. As a point of clarification that the 12
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL provision relative to the Single Application be temporarily suspended going forward until the challenges have been worked out. The motion failed with 4 Ayes and 3 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes No No Yes 4 3 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes No
Board member Sarah Usdin made a motion that the Board requires all schools to join the One Application Process. The motion was seconded by Board member Ira Thomas. Board member Usdin withdrew her initial motion and made a substitute motion that One Application Process be deferred to the July Board meeting and that the OPSB staff makes a report and share with the Recovery School District by June 24, 2013 as well as give families a deadline of July 8, 2013 to respond. The motion was seconded by Woody Koppel. Ms. Usdin made another motion requesting that the Board defer action on any global pronouncement of the One Application Process until July. The motion was seconded by Woody Koppel. Board member Nolan Marshall made a friendly amendment to Ms. Usdin’s substitute motion to allow Principals to fill the remaining seats after July 8, 2013. The motion passed with 7 Ayes and 0 Nay Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS •
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 14: Policy B210 – Board Meeting Procedures (amendment to current policy) Rationale: The proposed amendment corrects a typographical error in the meeting notice waiver language and revises the notice provisions so that they more closely mirror statutory requirements. Recommendation: That the Orleans Parish School Board approves the amendments made to Policy B210 Board Meeting Procedures. Motion to approve Policy B210 – Board Meeting Procedures, amendment to current policy was made by Cynthia Cade and seconded by Woody Koppel. The motion passed with 7 Ayes and 0 Nays 13
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL
Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS •
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 16: Proposed Process for Picking the Superintendent Search Firm. Recommendation: That the Orleans Parish School Board approves the Proposed Process for Picking the Superintendent Search Firm. Board member Woody Koppel made a friendly amendment that no one on the search committee can be considered for the job of Superintendent so that there’s no undue conflict. The motion was seconded by Sarah Usdin. Board member Cynthia Cade made a motion that the Interim Superintendent be excluded as a member of the Evaluation team for the search firm and that the Board is included in the total process. There was no second and the motion died. Motion to approve the Proposed Process for Picking the Superintendent Search Firm as amended was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Motion for recess to Executive Session was made by Woody Koppel and seconded by Cynthia Cade at 9:19 p.m. RECESS TO EXECUTIVE SESSION: Litigation Matters: 1. Frank Marcello d/b/a Marcello Distributors versus Orleans Parish School Board, 23rd JDC No. 00102470 Claim for Reimbursement – Request for settlement authority; 14
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL 2. City of New Orleans versus Orleans Parish School Board, Code Enforcement and Hearings Bureau Case No. 13-00312-PNBL. Potential Litigation regarding City of New Orleans Code Enforcement finding relative to 3500 and 3510 General DeGaulle Drive – Status Report; 3. Eddy Oliver, et al. versus Orleans Parish School Board, et. al., CDC No. 2005-1224. Employee Litigation– Status Report; 4. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation RECONVENE FROM EXECUTIVE SESSION/ROLL CALL: The Board reconvened from Executive Session at 9:39 p.m. and a report was provided by Mr. Edward Morris, General Counsel. Committee Roll Call: Mr. Seth Bloom, present; Ms. Leslie Ellison, present; Ms. Sarah Usdin, present; Ira Thomas, present; Cynthia Cade, present; Woody Koppel, present; Mr. Nolan Marshall, present; Mr. Stan Smith, Interim Superintendent, present; Mr. Edward Morris, General Counsel, present. A quorum was established.
REPORT ON EXECUTIVE SESSION Litigation Matters: 1. Frank Marcello d/b/a Marcello Distributors versus Orleans Parish School Board, 23rd JDC No. 00102470 Claim for Reimbursement – Request for settlement authority; 2. City of New Orleans versus Orleans Parish School Board, Code Enforcement and Hearings Bureau Case No. 13-00312-PNBL. Potential Litigation regarding City of New Orleans Code Enforcement finding relative to 3500 and 3510 General DeGaulle Drive – Status Report; 3. Eddy Oliver, et al. versus Orleans Parish School Board, et. al., CDC No. 2005-1224. Employee Litigation– Status Report; 4. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation Motion to accept General Counsel’s recommendations on litigation matters was made by Woody Koppel and seconded by Nolan Marshall. The motion passed with 7 Ayes and 0 Nays 15
OPSB Business Board Meeting Minutes June 18, 2013 PENDING BOARD APPROVAL Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS •
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
Action Item No. 15: Authorization to seek Ethics Board opinion regarding whether Orleans Parish School Board employees may serve as charter school board members. Recommendation: That the Orleans Parish School Board authorize its General Counsel to seek Ethics Board opinion regarding whether Orleans Parish School Board employees may serve as charter school board members. Motion to approve the Authorization to seek Ethics Board opinion regarding whether Orleans Parish School Board employees may serve as charter school board member was made by Leslie Ellison and seconded by Cynthia Cade. The motion passed with 7 Ayes and 0 Nays Ira Thomas, Sr. Sarah Usdin Seth Bloom Nolan Marshall YEAS NAYS ABSENTS ABSTENTIONS
Yes Yes Yes Yes 7 0 0 0
Cynthia Cade Leslie Ellison Woody Koppel
Yes Yes Yes
ADJOURNMENT On motion by Sarah Usdin, the Orleans Parish School Board adjourned at 9:41 pm
16
June 3, 2013
DIRECT DIVERSION OF USDA COMMODITIES FOR THE 2013-2014 FISCAL YEAR FOR THE CHILD NUTRITION PROGRAM Requestor: Rosie L. Jackson, Director of Child Nutrition Background Information: The OPSB Child Nutrition Department is a member of the Southeast Co-op USDA Commodity Direct Diversion program. The program consists of (ten) 10 Parishes/School systems. They are: St. Charles Parish, Tangipahoa Parish, Livingston Parish, Washington Parish, City of Bogalusa, City of Zachary, St Bernard Parish, Orleans Parish, Ascension and City of Baker. The purpose of the Co-op is to allow small districts the benefit of volume purchasing for less cost and delivery of goods. Bids were advertised in the St. Charles Herald-Guide and publicly opened on January 29, 2013 by the St. Charles Parish School Board Child Nutrition Department. They were reviewed and awarded to vendors by a committee consisting of all parishes/school systems mentioned above. Direct Diversion of USDA products is a process of converting frozen chicken, beef, pork, turkey, cheese frozen and or canned fruits & vegetables into ready to use products. All product manufactures must have an approved contract to participate in the commodity diversion process by the Louisiana Department of Agriculture and Forestry. The Louisiana Department of Agriculture and Forestry provides a list of processors that have been approved through June 30, 2016, a list of their end products have been approved for FY2013-2014 (end products must be re-approved each year). An updated list will be provided throughout the school year if or when additional processors/end products are approved. Menus are planned to comply with USDA mandates and Dietary Guidelines. Orders will be placed on an as needed basis. The menu period is effective July 1, 2013 through July 31, 2014. These commodities are to be served to students at various schools where the Orleans Parish Schools Board Child Nutrition program provides meal service.
June 3, 2013
DIRECT DIVERSION OF USDA COMMODITIES FOR THE 2013-2014 FISCAL YEAR FOR THE CHILD NUTRITION PROGRAM Page 2
RECOMMENDATION:
That the Orleans Parish School Board authorize the purchase of Direct Diversion of USDA Donated Products for the Child Nutrition Program for the 2013-2014 school year from the following companies: All Purpose Flour: Rich’s Foods ($37,673.76), Turkey and Ground Beef Products: Advance-Pierre ($10,362.48), Don Lee’s ($23,502.31), JTM ($4,653.00), Harvest Provision ($4,771.44), Jennie-O–Turkey Store Sales, LLC ($65,133.70); Chicken and Pork Products: Tyson Foods, Inc. ($34,958.03), Pilgrim’s Pride /Gold Kist ($53,390.10), Eggs and Cheese Products: Bonguards ($3,668.80); ES Foods ($7,850.00), Sunny Fresh ($62,015,49), Michael’s Foods ($19,228.91), Land of Lakes ($9,640.94), JTM ($5,280.00), Sun Wise ($23,360.00); Tomato Products: Red Gold ($13,713.36); Fish Products: American Pride ($11,501.80), High Liner ($30,740.85); Vegetable Oil: Cain’s ($15,309.90); Potatoes: Idahoan ($3,892.36). The total amount of this purchase is $440,647.23. Funds will become available pending Board Approval of the Child Nutrition 2013-2014 Fiscal Year Budget.
Budget Code: 7A3120-46-563100
June 5, 2013 MEAT, SEAFOOD, AND POULTRY FOR THE CHILD NUTRITION PROGRAM FOR THE 2013-2014 FISCAL YEAR (INVITATION TO BID NO. 14-CN-0005) Requestor: Rosie L. Jackson, Director of Child Nutrition Advertisement Dates: The Times - Picayune May 17 and 24, 2013 OPSB website – ongoing from May 17 to June 3, 2013 Publicly Opened:
June 3, 2013
Vendors Responding: 3 Principals of the Companies: BELL FOODS LLC (HARAHAN, LA.) President: John Bellini IV CHISESI BROTHERS INC (NEW ORLEANS, LA.) President: Philip Chisesi LACASSAGNE’S INC. (BATON ROUGE, LA ) President: Louis Lacassagne BACKGROUND INFORMATION: These food products will be purchased for students at various schools being served by the Orleans Parish School Board Child Nutrition Program for the 2013-2014 Fiscal Year. The bids were reviewed by the Child Nutrition and Purchasing Departments. These orders will be placed on an as needed basis. RECOMMENDATION:
Budget Code: 7A312046-563100
That the Orleans Parish School Board approve the bids meeting the specifications for Meat, Seafood, and Poultry for the Child Nutrition Program for the 2013-2014 Fiscal Year from Bell Foods LLC ($357,980.95) Chisesi Brothers, Inc. ($157,441.85), and Lacassagne’s ($184,642.50). The total amount of these awards is $342,442.33. The contract period will be from the date of the Purchase Order through August 31, 2014. Funds will become available pending Board Approval of the Child Nutrition 2013-2014 Fiscal Year Budget.
MILK FOR THE CHILD NUTRITION PROGRAM FOR THE 2013-2014 FISCAL YEAR (INVITATION TO BID NO. 14-CN-0002) Requestor: Rosie L. Jackson, Director of Child Nutrition Advertisement Dates: The Times - Picayune May 15, and May 22, 2013 OPSB website – ongoing from May 15 to May 30, 2013 Publicly Opened:
May 30, 2013
Vendors Responding: 1 Principal of the Company: BROWN’S DAIRY (NEW ORLEANS, LA) President: Greg Tanner BACKGROUND INFORMATION: Milk will be purchased for students at various schools being served by the Orleans Parish School Board Child Nutrition Program for the 2013-2014 Fiscal Year. The bids were reviewed by the Child Nutrition and Purchasing Departments. These orders will be placed on an as needed basis.
RECOMMENDATION:
That the Orleans Parish School Board approve the bid meeting the specifications for Milk for the Child Nutrition Program for the 2013-2014 Fiscal Year from Brown’s Dairy. The total amount of this award is $405,363.50. The contract period will be from the date of the Purchase Order through August 31, 2014. Funds will become available pending Board Approval of the Child Nutrition 2013-2014 Fiscal Year Budget.
Budget Code: 7A312046-563100
INTERIM SUPERINTENDENT EMPLOYMENT CONTRACT
This contract made effective as of the 19th day of March 2013, by and between the Orleans Parish School Board, a political subdivision of the State of Louisiana, located in Orleans Parish in the State of Louisiana (hereinafter called "the Board"), and herein represented by its President, Ira H. Thomas, Sr , duly authorized to act herein by virtue of action of the Board taken at a regular board business meeting held on February 19, 2013, and S t a n l e y C . S m i t h (hereinafter sometimes referred to as the "Interim Superintendent"), a resident o f O r l e a n s P a r i s h a n d a p e r s o n of the full age of majority. WITNESSETH
I. APPOINTMENT AND ACCEPTANCE; TERM OF OFFICE; CERTIFICATION (1). In consideration of the mutual covenants and benefits to each party contained herein, and, on the terms and conditions set forth herein, the Board does hereby appoint and employ Stanley C. Smith, and he hereby accepts such appointment and employment, as Interim Superintendent of Schools of the Orleans Parish Public School System effective on a month by month basis from July 1, 2012 and for a term not to exceed two (2) years from November 1, 2012 or until the appointment of a new Superintendent, whichever comes first. The Board recognizes that the I n t e r i m Superintendent is n o t c e r t i f i e d under the laws of the State of Louisiana to the appointment of the position and shall be considered a nontraditional Superintendent. The Board shall obtain a waiver from the Board of Elementary and Secondary Education and shall under the laws of the State of Louisiana appoint a certified Chief Academic Officer with the duties, responsibilities, and authority for the operation of the 1
instructional programs and direct operated schools of the Board. (2). To assist with the transition of a new Superintendent and other new members of the new Superintendent’s management team, the Board agrees to return the Interim Superintendent to his former position of Chief Financial Officer until October 31, 2014 or beyond if extended by mutual agreement The Interim Superintendent’s salary shall be reduced to $150,000.00 upon his return to the position of Chief Financial Officer, which shall commence on the first (1st) day of employment of the new Superintendent.
II. SALARY OF I NT E RI M SUPERINTENDENT A. Minimum base salary. The Interim Superintendent shall be paid a base salary at the rate of $160,000.00 per year, to become effective July 1, 2012. The salary shall be paid in equal installments in accordance with the rules of the Board governing payment of salary to professional staff members in the system working in the Central Office. B. Salary adjustments: (1) The Board may increase the annual salary of the Interim Superintendent during the term of this contract but may not reduce same unless such reduction is part of a uniform plan affecting salaries of professional employees of the Board. (2) Any action by the Board adjusting the salary of the Interim Superintendent during the term of this contract shall be considered as an amendment to, and become a part of, this contract. Such action shall not, however, be considered as an extension of the term nor as a renewal of this contract. (3) Notwithstanding the aforementioned, nothing herein shall obligate or mandate that the
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Board increase the Interim Superintendent's salary. It is solely the discretion of the Board based on the Interim Superintendent's performance.
Ill. GENERAL DUTIES OF SUPERINTENDENT A. The I n t e r i m Superintendent shall not be required to be a resident of Orleans Parish but shall devote his entire time, attention, and energy to the business of the school system and shall competently and faithfully perform all of the duties and responsibilities of his office as Interim Superintendent, Chief Executive Officer, and Ex-Officio Secretary and Treasurer of the Board as may now or hereafter be prescribed by the Constitution and laws of the State of Louisiana, the policies and rules and regulations adopted pursuant thereto by the Louisiana Board of Elementary and Secondary Education and the Louisiana Department of Education, and the policies, rules, regulations, and directions prescribed by the Board. B. It shall be the responsibility of the Interim Superintendent to hire, place, transfer and/or terminate personnel, subject to the applicable provisions set forth in Act 1 of the 2012 Louisiana Legislative Session and Revised Statute 17:10, et s e q . The Interim Superintendent shall also inform the Board o f any changes in the administrative and supervisory staff structure, including instruction and business affairs, which he believes will improve the operation of public schools und e r t h e au t ho ri t y o f t h e B o a rd . C. The I n t e r i m Superintendent shall have charge of the administration of the schools under the direction of the Board and shall provide supervision directly and indirectly of all s t a f f m embers. D.
The Interim Superintendent shall attend all Board meetings and shall provide
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administrative recommendations on each item of business considered by the Board. E. The Interim Superintendent shall discharge all other duties as directed by the Board.
IV. INTERIM SUPERINTEDENT’S PERFORMANCE GOALS AND OBJECTIVES
In addition to those General Duties as defined in Section Ill of this Employment Contract, the Interim Superintendent shall also be responsible for meeting the following performance goals and objectives, which shall be used as the evaluative criteria for the Interim Superintendent's annual review/evaluation to be conducted no later than May 30, 2013: (1) Implement Common Core State Standards (CCSS) within each direct operated school under the governance of the Board. 100% of kindergarten and 1st grade teachers will use CCSS as the framework for instructional planning, curriculum implementation, formative and summative assessment. (2) Implement COMPASS within each direct operated school under the governance of the Board 100% of classroom teachers will develop Student Learning Targets as a measure of the COMPASS evaluation system (3) Implement an organizational structure to support each direct operated school to meet its student growth target within the School Performance Score. Each direct operated school will meet or exceed its student growth target within its School Performance Score. (4) All direct operated schools will implement the Response to Intervention program for students. Out-of-school suspensions for each direct operated school will decrease by a minimum of 2% during the 2012 academic year. (5) The number of high school graduates will meet or exceed the state average. 4
V. ANNUAL LEAVE; SICK LEAVE
A. The Interim Superintendent shall receive paid annual leave in the increments that he is eligible to receive, and which, exclusive of legal holidays and other holidays, the Board has established for its Central Office staff. The Interim Superintendent shall have the right to carry forward from any fiscal year the same number of days as defined and outlined in Board Policy for administrative staff; however, because of duties that make it detrimental to take all eligible days within the fiscal year, such days may be carried over into a grandfather balance to be taken at some later date or provided in a payout at the separation of employment from the Board. Prior to taking annual leave, the Interim Superintendent shall notify the Board President of his planned absence and shall designate a person to serve in his absence during such period. B. The Interim Superintendent shall receive the same number of sick and emergency leave days per Louisiana Revised Statute 17:47. Accrued unused sick leave earned by the I n t e r i m Superintendent during each year of this contract shall be carried forward to the succeeding year in accordance with the Board's Policy. Such unused accumulated sick leave may be used for personal illness or emergencies, as defined by state law. In the event that the Interim Superintendent should leave office by reason of death or retirement, then he or his estate will be paid for accumulated unused sick leave not to exceed twenty-five (25) days.
VI. CAR ALLOWANCE; VOUCHERED EXPENSES; CELLULAR TELEPHONE; COMPUTER A. During t h e term of this agreement, t h e Board shall not provide a vehicle no r vehi cl e
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al l owance for t he Int eri m S uperi nt ende nt nor rei m burs em e nt hi m for i n -t own t ravel . The Int eri m S uperi nt endent shal l be rei m burse d m i l eage at t he approved r at e fo r ou t of t own t ravel . B. The I n t e r i m Superintendent shall also be reimbursed for all unusual expenses incurby him in the performance of his duties, as evidenced by appropriate expense vouchers and consistent with Board policy. C. The Interim Superintendent shall be provided with a cellular telephone, a laptop computer, and any other electronic device the Board approves for use in connection w ith the performance of his duties as Interim Superintendent.
VII. ATTENDANCE AT MEETINGS AND REIMBURSEMENT OF EXPENSES The Board shall pay in full all legally valid expenses and fees for the attendance of the Int e ri m Superintendent at professional conferences and meetings with other educational agencies when attendance thereof is required, directed, or permitted by the Board. The Interim Superintendent shall attempt to advise the Board of all meetings and conferences that the Interim Superintendent will be attending and shall periodically report to the Board relative to all meetings and conferences attended.
The I n t e r i m Superintendent shall file
itemized expense statements to be processed and approved as provided by law and Board policy. The expenses for participation in professional conferences and meetings shall be budgeted in the Office of the Superintendent’s annual budget.
VIII. MEMBERSHIPS AND DUES The Interim Superintendent is encouraged to belong to appropriate professional and
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educational organizations where such membership will serve the best interests of the Board. Accordingly, the Interim Superintendent shall budget expenses for payment of dues for membership in organizations in which the Interim Superintendent has been required, directed, or permitted to participate by the Board, in the annual Office of the Superintendent budget.
IX. OUTSIDE PROFESSIONAL ACTIVITIES The Interim Superintendent may, with Board approval, utilize accumulated annual leave days to perform outside professional activities, such as making presentations and serving on panels. The Interim Superintendent shall have the right to retain any honoraria received by him for such outside professional activities and shall pay all costs/expenses that may be incurred by him in connection with such activities.
X. HEALTH INSURANCE; RETIREMENT A. During the term of this contract, the Interim Superintendent shall receive such health insurance coverage as may be provided to professional employees of the Board working in the Central Office. Any changes in health insurance coverage that may be developed or provided on any other basis to professional employees working in the Central Office will automatically apply to the Interim Superintendent, unless otherwise provided herein. The Board shall pay the employer’s contribution for health insurance premiums for the In t e r i m Superintendent at the rate of other employees of the Board. B. During the term of this contract, the Interim Superintendent shall be eligible to participate in the Louisiana Teacher's Retirement System as authorized by law and in accordance with the 7
rules and regulations of that retirement system. The Board shall pay the employer's share of contributions to the Retirement System on the then current base salary.
XI. DISABILITY Should the Interim Superintendent be unable to perform any or all of his duties by reason of illness, accident, or other cause beyond his control, and said disability or inability to perform such duties exists beyond the point where all annual leave and sick leave of the Interim Superintendent has been exhausted, the Board may, in its sole discretion, make the following deductions from the salary stipulated above.
For the first month following exhaustion of
accumulated leave time, the Interim Superintendent shall receive his entire monthly salary; for the second month following exhaustion of such leave, the Interim Superintendent shall receive two-thirds of his regular salary; and, for the third month of disability following exhaustion of accumulated leave time, the Interim Superintendent shall receive one-third of his regular salary. Should the In t e r i m Superintendent remain disabled following this third month after exhaustion of leave, the Board may, in its sole discretion, terminate all subsequent pay under this contract to the Interim Superintendent for as long as such disability exists. If such disability continues for more than six months, and, if such disability is permanent, irreparable, and of such a nature as to make performance of the Interim Superintendent's
duties
impossible, the Board, in its sole discretion, may terminate this agreement immediately. In such event, the respective duties, rights, and obligations of each party shall terminate. The term disability as referenced in this contract shall be determined by the Interim Superintendent’s physician to be a medical necessity. A medical necessity as defined in Board Policy and Act 1
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of the 2012 Louisiana Legislative Session is the result of a catastrophic illness or injury, which means a life threatening, chronic, or incapacitating condition of the employee.
XII. INDEMNIFICATION The Board agrees that, as a further condition of this contract, it shall defend, hold harmless, and indemnify the I n t e r i m Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the I n t e r i m Superintendent in his official capacity as agent and ex-officio member of the Orleans Parish School Board, so long as the conduct, act, or failure to act of the Interim Superintendent giving rise to the claim occurred while the Interim Superintendent was acting within the course and scope of his employment.
Indemnification, as provided in this section, shall not include criminal
proceedings and shall not apply in the case of allegations or charges filed regarding malfeasance in office or willful or wanton neglect of duty on the part of the I n t e r i m Superintendent. All obligations of the Board herein shall be subject to any limitations provided in Louisiana law.
XIII. TERMINATION Throughout the term of this contract, the Interim Superintendent shall be retained; however, if the Interim Superintendent is found to have failed to fulfill the terms and performance objectives of this contract or to comply with Board policy, the Interim Superintendent shall be discharged, but only upon the affirmative vote of not less than two-thirds (2/3) of the elected members of the Board. Prior to his dismissal, the Interim Superintendent shall have the right to receive written charges against him, notice of a hearing, and a full and fair hearing before the Board. 9
XIV. SEVERABILITY If any provision or item of this contract or the application thereof is held invalid or found to be in violation of state and/or federal constitutional or statutory law, such invalidity shall not affect other provisions, items, or applications of this contract which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this contract are hereby declared severable.
XV. AMENDMENT This agreement embodies the entire agreement between the parties and shall not be amended except by written agreement of the parties. IN WITNESS WHEREOF, the parties hereto affirm that they have read and are familiar with the terms hereof and have signed same on this ___ day of July __, 2012
___________________________________ _______________________________________ Ira H. Thomas, President ORLEANS PARISH SCHOOL BOARD
_______________________________________ Stanley C. Smith, Interim Superintendent ORLEANS PARISH SCHOOL BOARD
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J939 – ANTI-BULLYING, INTIMIDATION, HARASSMENT, AND ANTI-HAZING ZERO TOLERANCE The Orleans Parish School District Board is committed to maintaining a safe, orderly, civil and positive learning environment for all students, regardless of race, color, religion, ancestry, national origin, sexual orientation, gender, gender identity or expression, physical characteristics, political persuasion, mental or physical disability, attire or association with others identified by such categories, so that no student feels threatened while in school or participating in school-related activities. All students shall be protected equally and without regard to the subject matter or the motivating animus of the bullying. Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all. Therefore, all statements or actions of a bullying, intimidating, threatening, harassing, hazing, or any other violent nature made on campus, at school-sponsored activities, on school buses, at school bus stops, and en route from home to the bus stop and from the bus stop home shall not be tolerated. Even if made in a joking manner, these statements or actions threatening other students, school personnel, or school property shall be unacceptable. Therefore, no statements or actions of bullying or hazing, as each is defined herein, made or occurring on campus, at schoolsponsored activities or events, on school buses, at school bus stops, and on the way to and from school by a student against another student shall be tolerated. Even if done in a joking manner, bullying and hazing shall be unacceptable. This policy shall be incorporated into the Student Code of Conduct, implemented in an ongoing manner throughout the school year, and integrated with the school's curriculum, discipline policies, and other violence prevention efforts. All students, teachers, and other school employees, and volunteers shall take reasonable and responsible measures within the scope of their individual authority to prevent violations of this policy. BULLYING, INTIMIDATION, HARASSMENT For purposes of this Policy, the terms “harassment”, “intimidation”, and “bullying” shall mean either of the following: 1. Any intentional gesture, written, verbal, electronic transmission or communication, or physical act that a reasonable person under the circumstances should know will have the effect of harming a student or damaging his property or placing a student in reasonable fear or harm to his life or person or damage to his property which is so severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student. 2. Any intimidating, threatening, or abusive gesture or written, verbal, electronic transmission or communication or physical act by a student directed at another student occurring on school property, on a school bus, or at a school-sponsored event that a reasonable person under the circumstances would perceive as being motivated by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, sexual orientation, gender, gender identity or expression, physical characteristic, political Page 1 of 11
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persuasion, mental disability, or physical disability, as well as attire or association with others identified by such categories. 3. A pattern of any one or more of the following: a. Gestures, including but not limited to obscene gestures and making faces. b. Written, electronic, or verbal communications, including but not limited to calling names, threatening harm, taunting, malicious teasing, or spreading untrue rumors. Electronic communication includes but is not limited to a communication or image transmitted by email, instant message, text message, blog, or social networking website through the use of a telephone, mobile phone, pager, computer, or other electronic device. c. Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property. d. Repeatedly and purposefully shunning or excluding from activities. e. where the pattern of behavior is exhibited toward a student, more than once, by another student or group of students and occurs, or is received by, a student while on school property, at a school-sponsored or school-related function or activity, in any school bus or van, at any designated school bus stop, in any other school or private vehicle used to transport students to and from schools, or any schoolsponsored activity or event. 4. A pattern of behavior, as provided in Paragraph 1 above, must have the effect of physically harming a student, placing the student in reasonable fear of physical harm, damaging a student's property, placing the student in reasonable fear of damage to the student's property, or must be sufficiently severe, persistent, and pervasive enough to either create an intimidating or threatening educational environment, have the effect of substantially interfering with a student's performance in school, or have the effect of substantially disrupting the orderly operation of the school. HAZING Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which subjects another student to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a public elementary or secondary school, whether such behavior is planned or occurs on or off school property, including any school bus and school bus stop. Hazing does not mean any adult-directed and school-sanctioned athletic program practice or event or military training program.
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Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited. The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.
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The School Board shall inform each student, in writing and orally, at an orientation conducted during the first five days of each school year, of the prohibition against bullying and hazing of a student by another student; the nature and consequences of such actions, including the potential criminal consequences and loss of driver's license; and the proper process and procedure for reporting any incidents involving such prohibited actions. The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade.
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NOTICE TO STUDENTS AND PARENTS AND DISSEMINATION Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all.
This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel and volunteers. A copy of this policy shall also be delivered to each student's parent or legal guardian. REPORTING PROCEDURES Any student who believes he or she has been the victim of bullying, intimidation, threatening behavior, harassment or hazing by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extracurricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts to any appropriate school district official.
Any teacher, administrator, or other school personnel who personally observes, or who has or receives notice that a student has or may have been the victim of bullying, intimidation, threatening behavior, harassment, or hazing at school or any school activity shall be required to immediately take such action as necessary and appropriate to stop the incident in question, if it is ongoing, and report the alleged acts to an appropriate school district official. At the School Building Level The principal shall be the person responsible at the school level for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Any Page 3 of 11
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other school administrator, teacher, or other school personnel who personally observes or receives a report of bullying, intimidation, threatening behavior, harassment or hazing of a student shall immediately take such action as necessary and appropriate to stop the incident in question, if it is ongoing, and inform the principal, who shall notify the Superintendent or his/her designee. Other Sites Building administrators designated by the Superintendent at each administrative, support, or maintenance site shall be responsible for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Upon receipt of a report, the building administrator shall immediately notify the Superintendent or his/her designee. The principal or his/her designee shall be authorized to receive complaints alleging violation of this policy. All employees, parents, volunteers, or any other school personnel shall report alleged violations to the principal or his/her designee. Any written or oral report of an act of bullying or hazing shall be considered an official means of reporting such act(s). Complaints, reports, and investigative reports of bullying or hazing shall remain confidential, except as otherwise provided by state or federal law. Reports of bullying or hazing shall be made on the form developed for the purpose of reporting bullying, which shall include an affirmation of truth. Any incident of bullying or hazing shall be reported on this form, but additional information may be provided. Students and Parents Any student who believes that he/she has been, or is currently, the victim of bullying or hazing or any student, parent, or guardian, who witnesses bullying or hazing or who has good reason to believe bullying or hazing is occurring, may report the situation to a school official, who in turn shall report the incident to the principal or his/her designee. A student, parent or guardian may also report concerns regarding bullying or hazing to a teacher, counselor, other school employee, or to any parent/volunteer chaperoning or supervising a school function or activity. Any report of bullying shall remain confidential. School Personnel Any school employee, whether full- or part-time, and any parent/volunteer chaperoning or supervising a school function or activity, who witnesses or learns of bullying or hazing from a student or parent, shall report the incident to the principal or his/her designee. Verbal reports shall be submitted by the employee or parent/volunteer on the same day as the employee or parent/volunteer witnessed or otherwise learned of the incident, and a written report shall be filed no later than two (2) days thereafter. All other members of the school community, including students, parents/legal guardians, volunteers, and visitors shall be encouraged to report any act that may be a violation of this policy to the principal or his/her designee. Page 4 of 11
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False Reports Intentionally making false reports about bullying or hazing shall be prohibited conduct and shall result in appropriate disciplinary measures as determined by the School Board. Retaliation Retaliation against any person who reports bullying or hazing in good faith, who is thought to have reported bullying, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited conduct and subject to discipline. INVESTIGATION OF COMPLAINTS AND REPORTS The Superintendent or his/her designee shall immediately investigate or authorize the investigation of all reports and complaints involving alleged bullying, intimidation, threatening behavior, harassment or hazing of students. Investigations may consist of personal interviews with the complainants or the individual who is alleged to have been bullied, intimidated, threatened, harassed or hazed, the individual or individuals against whom the complaint is made, witnesses, and any other persons who may have knowledge of the alleged incident or incidents or circumstances leading to or giving rise to the complaint. Other methods of investigation also may be used and pertinent documents may be examined by the investigator.
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The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students.
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During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of the investigation. Investigations shall be completed as soon as practicable. A written report shall be prepared upon the completion of the investigation. If the complaint involves the Superintendent of Schools, the report shall be made and filed directly with the School Board. The written report shall include determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. INVESTIGATION PROCEDURE Investigations of any reports of bullying or hazing of a student by another student shall be in accordance with the following: 1. Timing Page 5 of 11
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The school shall begin an investigation of any complaint that is properly reported and that alleges the prohibited conduct the next business or school day after the report is received by the principal or his/her designee. The investigation shall be completed not later than ten (10) school days after the date the written report of the incident is submitted to the principal or his/her designee. If additional information is received after the end of the ten-day period, the school principal or his/her designee shall amend all documents and reports required to reflect such information. 2. Scope of Investigation An investigation shall include documented interviews of the reporter, the alleged victim, the alleged bully or offender, and any witnesses, and shall include obtaining copies or photographs of any audio-visual evidence. Interviews must be conducted privately, separately, and confidentially. At no time shall the alleged offender and alleged victim be interviewed together. The principal or his/her designee shall collect and evaluate all facts using the form developed to document bullying investigations. 3. Parental Notification Upon receiving a report of bullying or hazing, the school shall notify the parents or legal guardians of the alleged offender and the alleged victim no later than the following business or school day. Delivery of notice to the parents or legal guardians by an involved student shall not constitute the required parental notice. Before any student under the age of eighteen (18) is interviewed, his/her parent or legal guardian shall be notified by the principal or his/her designee of the allegations made and shall have the opportunity to attend any interviews with his child conducted as part of the investigation. If, after three attempts in a forty-eight-hour period, the parents or legal guardians of a student cannot be reached or do not respond, the student may be interviewed. All meetings with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged offender shall be in compliance with the following: A. Separate meetings shall be held with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged offender. B. Parents or legal guardians of the alleged victim and of the alleged offender shall be informed of the potential consequences, penalties, and counseling options. In any case where a teacher, principal, or other school employee is authorized to require the parent or legal guardian of a student who is under the age of eighteen (18) and not judicially emancipated or emancipated by marriage to attend a conference or meeting Page 6 of 11
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regarding the student's behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or his/her designee shall file a complaint, pursuant to Louisiana Children’s Code, Article 730 or 731, with a court exercising juvenile jurisdiction. The principal may also file a complaint on the grounds the student is a truant or has willfully and repeatedly violated school rules, or any other applicable ground when, in his/her judgment, doing so is in the best interests of the student. 4. Documentation At the conclusion of an investigation of bullying or hazing and after meeting with the parents or legal guardians, the principal or his/her designee or School Board shall: A. Prepare a written report containing the findings of the investigation, including input from students’ parents or legal guardians, and the decision by the principal or his/her designee or school system official. The document shall be placed in the school records of both students. B. Promptly notify the reporter/complainant of the findings of the investigation and whether remedial action has been taken, if such release of information does not violate the law. C. Keep reports/complaints and investigative reports confidential, except where disclosure is required to be made by applicable federal laws, rules, or regulations or by state law. D. Maintain reports/complaints and investigative reports for three (3) years. E. As applicable, provide a copy of any reports and investigative documents to the School Board for disciplinary measures, or to the Louisiana Department of Education, as necessary. During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the alleged victim, students, teachers, administrators or other school personnel pending completion of the investigation. DISCIPLINARY ACTION The school district shall take appropriate action in response to a report following an investigation of any alleged bullying, intimidation, threatening behavior, harassment, or hazing of a student. When the report determines that the alleged act or conduct appears to be in violation of this policy, disciplinary action shall be taken as outlined in the Student Code of Conduct. The principal/designee shall contact the parent, tutor, or legal guardian of the pupil being disciplined for alleged misconduct to notify them of the disciplinary action.
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Whenever the act or conduct determined to be a violation of this policy may also constitute a violation of state or federal criminal statute, the appropriate law enforcement officer shall be promptly notified. Any student, school employee, or school volunteer who in good faith reports an incident of harassment, intimidation, or bullying to the appropriate school official in accordance with the procedures established by local board policy shall be immune from a right of action for damages arising from any failure to remedy the reported incident. Once a report has been received at a school, and a school principal or his/her designee has determined that an act of bullying, hazing, or similar behavior has occurred, and after having met with the parent or legal guardian of the student involved, the principal or his/her designee, or applicable school official shall take prompt and appropriate disciplinary action against the student, and report criminal conduct to law enforcement. Counseling and/or other interventions may also be recommended. Students may be disciplined for off-campus bullying or hazing the same as if the improper conduct occurred on campus, if the actions of the offender substantially interferes with the education opportunities or educational programs of the student victim and/or adversely affects the ability of the student victim to participate in or benefit from the school’s education programs or activities. Any school personnel, whether employee or volunteer, teacher, staff or administration, who fails to report an incident of bullying which they personally observe, or fails to take appropriate action as called for in this policy regarding incidents reported to them, shall be subject to discipline, being no less than a written reprimand and up to and including termination. AppealAPPEAL The parent of a student disciplined for violation of this policy may appeal to the Superintendent or his/her designee no later than five (5) days after being notified of the disciplinary action. The Superintendent or his/her designee shall review all documentation regarding the incident, and if determined to be necessary by the Superintendent or designee, conduct a hearing on the matter. The results of the review or hearing shall be sent to the parents or legal guardian within three (3) school days. The decision of the Superintendent shall be final, except for a student expulsion, which may be appealed to the School Board in accordance with statutory provisions. If the school principal or his/her designee does not take timely and effective action, the student, parent, or school employee may report, in writing, the incident to the School Board. The School Board shall begin an investigation of any properly reported complaint that alleges prohibited conduct the next business day during which school is in session after the report is received by the School Board. If the School Board does not take timely and effective action, the student, parent, or other school employee may report any bullying incident to the Louisiana Department of Education.
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School personnel subject to discipline for failure to report or take action as required by this policy, shall have the same right to appeal as with any other disciplinary matter.
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The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students.
DISSEMINATION OF POLICY This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel.
PARENTAL RELIEF If a parent, legal guardian, teacher, or other school official has made four (4) or more reports of separate instances of bullying or hazing, and no investigation pursuant to state law or this policy has occurred, the parent or legal guardian of the alleged victim may request that the student be transferred to another school operated by the School Board. Such request shall be filed with the Superintendent. Upon receipt of the request to transfer the student to another school, the School Board shall make a seat available at another school under its jurisdiction within ten (10) school days of the parent or legal guardian's request for a transfer. If the School Board has no other school under its jurisdiction serving the grade level of the victim, within fifteen (15) school days of receiving the request, the Superintendent shall: 1. Inform the student and his/her parent or legal guardian and facilitate the student's enrollment in a statewide virtual school. 2. Offer the student a placement in a full-time virtual program or virtual school under the School Board’s jurisdiction. 3. Enter into a memorandum of understanding with the Superintendent or director of another governing authority to secure a placement and provide for the transfer of the student to a school serving the grade level of the student, in accordance with statutory provisions. If no seat or other placement is made available within thirty (30) calendar days of the receipt of the request by the Superintendent, the parent or legal guardian may request a hearing with the School Board, which shall be public or private at the option of the parent or legal guardian. The Board shall grant the hearing at the next scheduled meeting or within sixty (60) calendar days, whichever is sooner. At the end of any school year, the parent or legal guardian may make a request to the School Board to transfer the student back to the original school. The School Board shall make a seat Page 9 of 11
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available at the original school that the student attended. No other schools shall qualify for transfer under this provision.
41 42 43 44
The School Board shall create a program to provide a minimum of four hours of training for new employees who have contact with students and two hours of training each year for all school employees who have contact with students, including bus drivers, with respect to bullying. The training shall specifically include the following:
DOCUMENTATION The details of each incidence of bullying shall be documented utilizing the behavior incidence checklist provided by the State Department of Education. All such documented incidences of bullying shall be submitted to the State Department of Education as prescribed in rules adopted by the State Board of Elementary and Secondary Education and as required under La. R.S. 17:415. After the investigation and meeting with the parents, pursuant to this policy the school or the School Board that conducts the investigation shall: 1. Compose a written document containing the findings of the investigation, including input from the students' parents or legal guardian, and the decision by the school or school system official. The document shall be placed in the school records of both students. 2. Promptly notify the complainant of the findings of the investigation and that remedial action has been taken, if such release of information does not violate the law. 3. Keep complaints and investigative reports confidential, except as provided in this Section and where disclosure is required to be made pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, or by other applicable federal laws, rules, or regulations or by state law. 4. Maintain complaints and investigative reports for three years in the event that disclosure is warranted by law enforcement officials. 5. If applicable, provide a copy of any reports and investigative documents to the School Board in order that the School Board can comply with the provisions of La. R.S. 17:416.1, which governs discipline of students and discipline authority. 6. If applicable, provide a copy of any reports and investigative documents to the State Department of Education. BULLYING TRAINING
Page 10 of 11
1 2 3 4 5 6 7 8 9
1. How to recognize the behaviors defined herein as bullying 2. How to identify students who are most likely to become victims of bullying, while not excluding any student from protection from bullying. 3. How to use appropriate intervention and remediation techniques and procedures. 4. Bullying reporting procedures. 5. Information on suicide prevention, including the relationship between suicide risk factors and bullying.
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Ref: La. Rev. Stat. Ann. §§17:183, 17:416, 17:416.13. Page 11 of 11
Amended 12/2011
ORLEANS PARISH SCHOOL BOARD RESOLUTION NO. 21-13
The following Resolution was offered by _________________, and seconded by _____________________: A resolution adopting the calendar year 2014 millage rates for the Orleans Parish School Board’s Constitutional Millage, Purpose A Millage, Purpose B Millage, Purpose C Millage, Purpose D Millage and the millage for general obligation bonds on all the property subject to taxation in Orleans Parish, State of Louisiana. WHEREAS, the Orleans Parish School Board has previously levied in the year 2013 (the “2013 Millage Rates”) the following millages: Millages Constitutional Millage
2013 Levy 27.65
Purpose A — School Books, Materials and Supplies
1.55
Purpose B — Early Childhood, Discipline and Dropout
1.55
Purpose C — Employee Salary, Benefits and Incentives
7.27
Purpose D — Air Conditioning, Asbestos Removal and Facilities Maintenance
2.32
General Obligation Bonds
4.97
WHEREAS, the Orleans Parish School Board now desires to levy in calendar year 2014 the 2013 Millage Rates for the Constitutional Millage and the purpose millages. NOW, THEREFORE, BE IT RESOLVED by the Orleans Parish School Board, State of Louisiana, that the following millage rates (the “2014 Millages”) be and are hereby levied upon the dollar of the assessed valuation of all property subject to ad valorem taxation within Orleans Parish for calendar year 2014: Millages Constitutional Millage Purpose A — School Books, Materials and Supplies
2014 Levy 27.65 1.55
Purpose B — Early Childhood, Discipline and Dropout
1.55
Purpose C — Employee Salary, Benefits and Incentives
7.27
Purpose D — Air Conditioning, Asbestos Removal and Facilities Maintenance
2.32
General Obligation Bonds
4.97
BE IT FURTHER RESOLVED that the Assessor of Parish of Orleans shall extend upon the assessment roll for the calendar year 2014, the 2014 Millages herein levied, and the tax collector for Orleans Parish shall collect and remit the 2014 Millages to the Orleans Parish School Board in accordance with law. The foregoing Resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes: YEAS:
NAYS:
ABSENTS:
ABSENTIONS: PASSED AND ADOPTED AT THE ORLEANS PARISH SCHOOL BOARD BUSINESS MEETING held at McDonogh 35 High School, 1331 Kerlerec Street, New Orleans, Louisiana, on the 16th day of July, 2013. ORLEANS PARISH SCHOOL BOARD
Ira H. Thomas, Sr., President
STATE OF LOUISIANA PARISH OF ORLEANS I, the undersigned Secretary of the Orleans Parish School Board, State of Louisiana, do hereby certify that the foregoing resolution is a true an exact copy of the resolution adopted at the Board Business meeting held on July 16, 2013, at which a quorum was present and voting. I, further attest that the Public Notice and Meeting Agenda attached were properly noticed and posted in the Orleans Parish School Board Office and on the New Orleans Public Schools website. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said School Board in the Parish of Orleans, State of Louisiana, on this, the day of July, 2013.
Stanley C. Smith, Secretary-Treasurer
(SEAL)
ORLEANS PARISH SCHOOL BOARD RESOLUTION NO. 22-13 The following resolution was offered by .
and seconded by
A resolution authorizing the issuance and sale of Anticipation Notes, Series 2013 of the Orleans Parish School Board, State of Louisiana, in a principal amount not to exceed $50,000,000; making application to the State Bond Commission for consent and authority for such borrowing; and providing for other matters with respect to the forgoing. WHEREAS, pursuant to Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), and other constitutional and statutory authority supplemental thereto, Orleans Parish School Board, State of Louisiana (the “School Board”), in order to pay its current expenses for any fiscal year, may anticipate revenues for such fiscal year and may borrow money to pay such expenses and issue evidences of indebtedness to evidence such borrowing; and WHEREAS, based on the cash flow projection of the School Board for the fiscal year ending June 30, 2014, there is a need for the School Board to borrow money in anticipation of revenues in order to meet its expenses of current operation for the fiscal year ending June 30, 2014; and WHEREAS, the School Board desires to borrow a principal amount not to exceed Fifty Million Dollars ($50,000,000) pursuant to the Act from either the Louisiana Public Facilities Authority (the “Authority”), a consortium of local banks, or from an investment banking firm or any other approved purchaser to pay current operations and to dedicate and set aside taxes and other revenues of the current fiscal year for the payment of Revenue Anticipation Notes, Series 2013 issued under the provisions of the Act and this resolution (the “2013 Notes”), which 2013 Notes will fall due and be payable not later than June 30, 2014, together with interest thereon as provided herein; and WHEREAS, the School Board intends to issue and sell the 2013 Notes either to the Authority or to local banks in a principal amount not to exceed $50,000,000; and WHEREAS, the School Board has adopted its budget for its General Fund for the fiscal year ending June 30, 2014; and WHEREAS, the borrowing authorized pursuant to this Resolution does not exceed onehalf of the anticipated revenues of the School Board for the remainder of the fiscal year ending June 30, 2014; and WHEREAS, in connection with the issuance and sale of the 2013 Notes, the School Board 1
will be required to enter into a Purchase Agreement (the “Agreement”) with either the Authority, with a consortium of local banks, an investment banking firm or other approved purchaser; and WHEREAS, in connection with its purchase of the 2013 Notes, the Authority or local banks will require the School Board to utilize the security procedure authorized by Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, to further secure the payment of the Notes; and WHEREAS, the issuance of the 2013 Notes is subject to approval by the Louisiana State Bond Commission. NOW, THEREFORE, BE IT RESOLVED by the School Board that: SECTION 1. There is hereby authorized the incurring of debt and the issuance of Revenue Anticipation Notes, Series 2013 of Orleans Parish School Board, State of Louisiana, in the principal amount not to exceed $50,000,000 to be designated “Revenue Anticipation Notes, Series 2013” (the “2013 Notes”) for the propose of paying the current expenses of the General Fund for the fiscal year ending June 30, 2014, pursuant to the provisions of Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto. SECTION 2. The 2013 Notes shall mature no later than June 30, 2014, and shall bear interest, payable as stated therein, at the rate or rates stated thereon provided, however, that the interest rate borne by the 2013 Notes from its date of issuance until its maturity date shall not exceed 6.0% per annum. The 2013 Notes issuable hereunder shall be issued in substantially the form attached hereto as Exhibit “A” with such necessary or appropriate variations, omissions and insertions as are required or permitted by law or by this Resolution or the Agreement. SECTION 3. All revenues to accrue to the General Fund of the School Board for the fiscal year ending June 30, 2014, shall be pledged to secure the payment of the principal of and interest on the 2013 Notes. SECTION 4. The sale of the 2013 Notes to the Authority, to a consortium of local banks, 2
to an investment bank or to any other purchaser thereof (the Authority, local banks or any such purchaser herein referred to as the “Purchaser”), for a purchase price equal to the principal amount thereof is hereby approved. SECTION 5. The form of the Agreement as presented at this meeting and on file with the Secretary of the School Board attached hereto as Exhibit “B”, with such additions, omissions and changes as may be approved by the President, Vice President, and/or Secretary of the School Board, is hereby approved; the signature of the President, Vice President and/or Secretary on the Agreement to constitute conclusive evidence of their approval of such additions, omissions and changes. SECTION 6. There is hereby created a separate and distinct subfund within the School Board's General Fund to be entitled “Orleans Parish School Board Revenue Anticipation Notes, Series 2013 — Sinking Fund Subaccount” (the “2013 Sinking Fund Subaccount”) to be maintained at a financial institution to be designated by the Purchaser. Amounts deposited in the said 2013 Sinking Fund Subaccount may be applied to a lien in favor of the Purchaser of said 2013 Anticipation Notes. SECTION 7. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the Louisiana State Department of Education, in substantially the form set forth as Exhibit “C” to the Agreement that will irrevocably direct certain payments of Minimum Foundation Equalization Distribution Funds due to the School Board for the fiscal year ending June 30, 2014, to be deposited into the 2013 Sinking Fund Subaccount. SECTION 8. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of
3
1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the trustee/fiscal agent for the Purchaser of the 2013 Notes, in substantially the form set forth as Exhibit “D�, to make withdrawals from the 2013 Sinking Fund Subaccount to pay the principal of and interest on the 2013 Notes. SECTION 9.
The President, Vice President, Secretary and/or Superintendent are
authorized to enter into any other instruments or agreements and to take such further actions as may be necessary or desirable in connection with the issuance of the 2013 Notes and the transactions contemplated by this Resolution. SECTION 10. The President, Vice President, Secretary and/or Superintendent are fully empowered and authorized to execute all documents necessary for the issuance of the 2013 Notes and to affix the seal of the School Board to such documents. SECTION 11. Application be and same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue, sell and deliver the aforesaid 2013 Notes, and a certified copy of this Resolution shall be forwarded to the State Bond Commission, together with a letter requesting the prompt consideration and approval of this application. SECTION 12. The School Board hereby finds and determines that a real necessity exists for the employment of special bond counsel in the issuance of the 2013 Notes, and accordingly the law firm of Foley & Judell, L.L.P., Bond Counsel, is hereby employed as Bond Counsel to handle all matters of a legal nature in connection with the negotiation, sale, issuance and delivery of the 2013 Notes. Said special bond counsel shall prepare and submit to this School Board all proceedings necessary for the due authorization, issuance, sale and delivery of the 2013 Notes. The fee of special bond counsel in this connection is hereby fixed at $30,000, plus expenses,
4
which sum is less than the maximum fee allowed by the Attorney General's fee schedule for comprehensive legal and coordinate professional services in the issuance of general obligations, based on the amount of said 2013 Notes actually issued, sold and delivered, plus “out-of-pocket” expenses, said fee to be contingent upon the issuance, sale and delivery of said notes. A certified copy of this resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment herein provided for. SECTION 13. The School Board covenants and agrees that to the extent permitted by the laws of the State Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”), in order to establish, maintain and preserve the exclusion from “gross income” of interest on the 2013 Notes under the Code. The School Board further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the 2013 Notes or any other funds of the School Board to be used directly or indirectly in any manner, the effect of which would be to cause the 2013 Notes to be “arbitrage bonds” or would result in the inclusion of the interest on the 2013 Notes in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Note proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the 2013 Notes in a manner which would cause the 2013 Notes to be “private activity bonds”. The President and Secretary of the School Board are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this resolution and the Supplemental Resolution and to effect the issuance and delivery of the 2013 Notes.
5
SECTION 14.
If any provision or item of this Resolution or the Supplemental
Resolution, or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Resolution or the Supplemental Resolution which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this resolution and the Supplemental Resolution are hereby declared severable. SECTION 15. The foregoing Resolution shall take effect immediately upon its adoption. SECTION 16. A copy of this Resolution shall be published at least once in the official journal of the School Board or, if there is none, in a newspaper having general circulation therein. For thirty days after the date of publication, any person in interest may contest the legality of this Resolution and of any provision herein made for the security and payment of the 2013 Notes. After that time, no one shall have any cause of action to test the regularity, formality, legality or effectiveness of this Resolution and provisions thereof for any cause whatsoever. Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the 2013 Notes has been complied with. No court shall have authority to inquire into any of these matters after the thirty days. SECTION 17. By virtue of the Authority’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approvals(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the
6
implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby. PASSED AND ADOPTED AT THE ORLEANS PARISH SCHOOL BOARD BUSINESS MEETING held at McDonogh 35 High School, 1331 Kerlerec Street, New Orleans, Louisiana on the 16th day of July, 2013. YEAS: NAYS: ABSENTS: ABSTENTIONS: ORLEANS PARISH SCHOOL BOARD
Ira H. Thomas, Sr., President
7
STATE OF LOUISIANA PARISH OF ORLEANS I, the undersigned Secretary of the Orleans Parish School Board of the Parish of Orleans, State of Louisiana, do hereby certify that the foregoing seven (7) pages constitute a true and correct copy of a resolution adopted by said Orleans Parish School Board on July 16, 2013, entitled:
“A
RESOLUTION
AUTHORIZING
THE
ISSUANCE
AND
SALE
OF
ANTICIPATION NOTES, SERIES 2013 OF THE ORLEANS PARISH SCHOOL BOARD, STATE OF LOUISIANA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR CONSENT AND AUTHORITY FOR SUCH BORROWING; AND PROVIDING FOR OTHER MATTERS WITH RESPECT TO THE FORGOING.” IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Orleans Parish School Board, on this
day of July, 2013.
Stanley C. Smith, Secretary-Treasurer (SEAL)
Exhibit “A” FORM OF 2013 NOTE
ORLEANS PARISH SCHOOL BOARD STATE OF LOUISIANA REVENUE ANTICIPATION NOTES SERIES 2013 Principal Amount: Interest Rate:
$50,000,000 Variable (as described below)
Maturity Date: _______
Orleans Parish School Board (the “School Board”) promises to pay to the order of _________________ (the “Purchaser”), at the office of ________________, as Fiscal Agent (the “Fiscal Agent”), on or before the _________ day of ___________ the sum of FIFTY MILLION AND NO/100 DOLLARS ($50,000,000.00), with interest on the unpaid principal balance equal at all times to the product of the Prime Rate (as defined below) multiplied by a factor of ______ (the “Applicable Rate”) from the date hereof until paid in full. As used in this 2013 Note, the following terms have the following respective meanings: “Adjusted One Month LIBOR Rate” means, for any day, the sum of (i) 2.5% per annum plus (ii) the quotient of (a) the interest rate determined by the Fiscal Agent by reference to the Page to be the rate at approximately 11:00 a.m. London time, on such date or, if such date is not a Business Day, on the immediately preceding Business Day for dollar deposits with a maturity equal to one (1) month, divided by (b) one minus the Reserve Requirement (expressed as a decimal) applicable to dollar deposits in the London interbank market with a maturity equal to one (1) month. “Base Rate” means, for any day, the greater of (i) the Prime Rate, or (ii) the Adjusted One Month LIBOR Rate. The Base Rate is a variable rate and any change in the Base Rate due to any change in the Prime Rate or the Adjusted One Month LIBOR Rate is effective from and including the effective date of such change in the Prime Rate or the Adjusted One Month LIBOR Rate, respectively. “Default Rate” means a variable per annum interest rate at all times equal to the sum of the Base Rate plus four percent (4%). “Page” means Reuters Screen LIBOR01, formerly known as Page 3750 of the Moneyline Telerate Service (together with any successor or substitute, the "Service") or any successor or substitute page of the Service providing rate quotations comparable to those currently provided on such page of the Service, as determined by the Calculation Agent from time to time for purposes of providing quotations of interest rates applicable to dollar deposits in the London interbank market.
9
“Prime Rate” means the rate of interest per annum announced from time to time by the Purchaser as its prime rate. The Prime Rate is a variable rate and each change in the Prime Rate is effective from and including the date the change is announced as being effective. THE PRIME RATE IS A REFERENCE RATE AND MAY NOT BE THE PURCHASER'S LOWEST RATE. “Regulation D” means Regulation D of the Board of Governors of the Federal Reserve System as from time to time in effect and any successor thereto or other regulation or official interpretation of said Board of Governors relating to reserve requirements applicable to member banks of the Federal Reserve System. “Reserve Requirement” means the maximum aggregate reserve requirement (including all basic, supplemental, marginal and other reserves) which is imposed under Regulation D. The Purchaser shall pay interest to the Fiscal Agent on the outstanding and unpaid principal balance hereof at the Applicable Rate. All interest due on this 2013 Note shall be computed on the basis of a 30/360 –month/year. This 2013 Note may be prepaid or redeemed at any time by the School Board from amounts deposited to the Orleans Parish School Board Revenue Anticipation Notes, Series 2013 – Sinking Fund Account. After a default has occurred under this 2013 Note, this 2013 Note shall bear interest at the Default Rate from the date of such default. Imposition of this rate shall not affect any limitations contained in this 2013 Note on the School Board's right to repay principal on this 2013 Note before the Maturity Date. This 2013 Note is issued and authorized pursuant to: (i) Resolution No. ____-12 adopted by the School Board on September ____, 2013, (ii) Resolution No. __-12 adopted by the School Board on ___________, 2013, and (iii) the authority of Title 17:89 of the Louisiana Revised Statutes of 1950, as amended. Pursuant to the authority of Title 17:89.1 of the Louisiana Revised Statutes of 1950, as amended, all revenues accruing to the School Board's General Fund for the Fiscal Year ending June 30, 2014, are hereby pledged to secure payment of the principal of and interest on this 2013 Note. It is certified that this 2013 Note is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana and a Cooperative Endeavor Agreement by and between the School Board and the Louisiana Department of Education, through its Recovery School District (the “RSD”). It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this 2013 Note for it to constitute a legal, binding and valid limited obligation of the School Board have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the School Board, including this 2013 Note, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
10
This 2013 Note executed at New Orleans, Louisiana, on this _____ day of _____, 2013.
[SEAL]
ORLEANS PARISH SCHOOL BOARD
By: Name: Ira A. Thomas, Sr. Title: President Attest:
By: Name: Title:
____________________________ Stanley C. Smith Secretary
ENDORSEMENT Pay to the order of _________________, as Fiscal Agent. ___________, 2013 [SEAL]
_________________, as Purchaser
By: ______________________________ Name: Title:
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Exhibit “B”
FORM OF PURCHASE AGREEMENT
Between
[TBD] (“Purchaser”) and
ORLEANS PARISH SCHOOL BOARD (“Issuer”)
Dated as of ___________, 2013
Relating To
$50,000,000 ORLEANS PARISH SCHOOL BOARD REVENUE ANTICIPATION NOTES SERIES 2013
12
PURCHASE AGREEMENT TABLE OF CONTENTS Page RECITALS .....................................................................................................................................1 ARTICLE I DEFINITIONS, RULES OF CONSTRUCTION Section 1.01. Definitions of Words and Terms ...............................................................................2 Section 1.02. Rules of Construction ...............................................................................................4 ARTICLE II REPRESENTATIONS Section 2.01. Representations by the School Board .......................................................................5 ARTICLE III PURCHASE OF 2013 NOTES Section 3.01. Principal Amount of 2013 Notes ..............................................................................7 Section 3.02. Purchase of 2013 Notes ............................................................................................7 Section 3.03. Terms of Purchase .....................................................................................................7 Section 3.04. Interest Rate Limitation ............................................................................................... Section 3.05. Taxable Note Interest Rate .......................................................................................... Section 3.06. Change in Law; Increased Costs ................................................................................. Section 3.07. Initial Fee .................................................................................................................... ARTICLE IV CONDITIONS AND LIMITATIONS Section 4.01.Documentation of Authorization ...............................................................................8 Section 4.02.Additional Limitation .................................................................................................9 ARTICLE V COVENANTS Section 5.01. Payment of 2013 Notes ...........................................................................................10 Section 5.02.Valid and Binding Limited Obligation ....................................................................10 Section 5.03. Form of 2013 Notes ................................................................................................10 Section 5.04. Amendment of Budget, Cash Flows and Other Budget Reports .............................10 Section 5.05. Prohibition Against Certain Other Indebtedness ....................................................10 Section 5.06. Application of Revenues of the School Board ........................................................10 Section 5.07. Issuance of Refunding Obligations .........................................................................11 Section 5.08.Term of Agreement ..................................................................................................11 Section 5.09. Instruments of Further Assurance ............................................................................11 i
Section 5.10. Notice of Default .....................................................................................................11 Section 5.11. Maintenance of Tax Exemption ..............................................................................11 Section 5.12. Reimbursement of Expenses, Losses, Liabilities, Costs, etc ...................................11 Section 5.13. Financial Reporting Requirements ............................................................................. Section 5.14. Non-credit Business Covenant ....................................................................................
ARTICLE VI AMENDMENTS Section 6.01 Amendments, Changes and Modifications ..............................................................12 ARTICLE VII MISCELLANEOUS Section 7.01. Representations to Survive Delivery ......................................................................13 Section 7.02. Severability .............................................................................................................13 Section 7.03. Notices ....................................................................................................................13 Section 7.04. Counterparts ............................................................................................................13 Section 7.05.Governing Laws .......................................................................................................13 Section 7.06. Conflicts ..................................................................................................................14 Section 7.07 Intervention of Fiscal Agent ......................................................................................... SIGNATURES AND SEALS .......................................................................................................15 EXHIBIT A-- Purchase and Repayment Schedule for the 2013 Notes EXHIBIT B-- Form of 2013 Notes EXHIBIT C-- Form of Cash Flow Analysis EXHIBIT D-- Form of Opinion of Bond Counsel EXHIBIT E-- Form of Certificate of Orleans Parish School Board EXHIBIT F-- Form of Letter of The Louisiana State Department of Education EXHIBIT G-- Form of Letter to _____________________, as Purchaser EXHIBIT H-- Form of Letter to Director of Finance of City of New Orleans
ii
PURCHASE AGREEMENT This Purchase Agreement (this “Agreement”) is by and between [TBD] (the “Purchaser”), a ____________ banking association, and the Orleans Parish School Board, State of Louisiana (the “School Board”), a duly constituted body corporate and political subdivision of the State of Louisiana (the “State”). W I T N E S S E T H: WHEREAS, pursuant to Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, the School Board, is authorized and empowered by law to anticipate revenue to accrue to its General fund (the “General Fund”) for its fiscal year ending June 30, 2013 (the “Fiscal Year”) and to borrow money to pay its current expenses for such Fiscal Year, and to issue instruments of indebtedness to evidence such borrowing; and WHEREAS, the School Board desires to borrow Fifty Million Dollars ($50,000,000) pursuant to the Act to pay current operations and to dedicate and set aside taxes and other revenues to accrue to the General Fund for the Fiscal Year to secure the payment of its Revenue Anticipation Notes, Series 2013 (the “2013 Notes”); and WHEREAS, the School Board has determined that the amount of its 2013 Notes does not exceed fifty percent (50%) of the expected revenues to accrue to the School Board's General Fund, exclusive of interest, for the Fiscal Year; and WHEREAS, the Purchaser has agreed to purchase the 2013 Notes for the consideration and subject to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Purchaser and the School Board agree as follows:
ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION Section 1.01. Definitions of Words and Terms. In addition to words and terms elsewhere defined herein, the following words and terms as used in this Agreement shall have the following meanings, unless some other meaning is plainly intended. “Act” means the provisions of Louisiana Revised Statutes of 1950, La. R.S. 17:89 and 17:89.1, as amended. “Adjusted One Month LIBOR Rate” means, for any day, the sum of (i) 2.5% per annum plus (ii) the quotient of (a) the interest rate determined by the Purchaser by reference to the Page to be the rate at approximately 11:00 a.m. London time, on such date or, if such date is not a Business Day, on the immediately preceding Business Day for dollar deposits with a maturity equal to one (1) month, divided by (b) one minus the Reserve Requirement (expressed 1
as a decimal) applicable to dollar deposits in the London interbank market with a maturity equal to one (1) month. “Agreement” means this Purchase Agreement by and between the Purchaser and the School Board, including any Supplemental Agreement. “Applicable Rate” means that certain variable interest rate equal at all times to the product of the Prime Rate multiplied by a factor of .67. “Base Rate” means, for any day, the greater of (i) the Prime Rate, or (ii) the Adjusted One Month LIBOR Rate. The Base Rate is a variable rate and any change in the Base Rate due to any change in the Prime Rate or the Adjusted One Month LIBOR Rate is effective from and including the effective date of such change in the Prime Rate or the Adjusted One Month LIBOR Rate, respectively. “Bond Counsel” means Foley & Judell, L.L.P. “Budget Act” means the Louisiana Local Government Budget Act, being Louisiana Revised Statutes of 1950, as amended, La. R.S. 39:1301 et seq. “Cash Flow Analysis” means the certification prepared by the School Board setting forth the cash flow projections of the School Board for the Fiscal Year ending June 30, 2013, substantially in the form of Exhibit C attached hereto. “City” means the City of New Orleans. “Code” means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include applicable United States Treasury Regulations proposed or promulgated thereunder or under the corresponding section of the Internal Revenue Code of 1954, as amended. “Cooperative Endeavor Agreement” means the Cooperative Endeavor Agreement by and between the School Board and the Louisiana Department of Education, through its Recovery School District. “Default Rate” means a variable per annum interest rate at all times equal to the sum of the Base Rate plus four percent (4%). “Deposit Instructions” means the deposit and funding instructions contained in the forms attached hereto as Exhibits F, G and H. “Determination of Taxability” means and shall occur when, (i) the Purchaser receives written notice from the School Board, supported by an opinion of Bond Counsel, that interest on the 2013 Notes is includable in the gross income of the Purchaser for federal income tax purposes or (ii) the Internal Revenue Service shall claim in writing that interest on the 2013 Notes is includable in the gross income of the Purchaser for federal income tax purposes; provided, that such a claim shall not be deemed a Determination of Taxability unless the School Board is afforded reasonable opportunity (at the School Board’s sole expense and for a period
2
not to exceed 2 years) to pursue any judicial or administrative remedy available to the School Board with respect to such claim. “Federal Funds Effective Rate” means, for any day, the weighted average (rounded upwards, if necessary, to the next 1/100 of 1%) of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next succeeding Business Day by the Federal Reserve Bank of New York, or, if such rate is not so published for any day that is a Business Day, the average (rounded upwards, if necessary, to the next 1/100 of 1%) of the quotations for such day for such transactions received by the Purchaser from three Federal funds brokers of recognized standing selected by it. “Fiscal Agent” means __________________, a ____________ banking association organized and existing under the laws of the United States of America and its successor or successors and any other association or corporation which at any time may be substituted in its place pursuant to and at the time serving as Fiscal Agent under this Agreement. “Fiscal Year” means the current fiscal year of the School Board, being the period of twelve consecutive calendar months ending on June 30, 2014. “General Fund” means the fund designated as the School Board's general fund upon which it is authorized to issue the 2013 Notes pursuant to the Act. “Maturity Date” means June 30, 2014. “MFP Funds” means the Minimum Foundation Equalization Distribution Funds made available to the School Board from the State. “Maximum Rate” means the interest rate on the 2013 Notes, which is the lesser of (i) six percent (6%) or (ii) the maximum interest rate permitted by State law as the same may be modified by the United States law of general application. “Page” means Reuters Screen LIBOR01, formerly known as Page 3750 of the Moneyline Telerate Service (together with any successor or substitute, the "Service") or any successor or substitute page of the Service providing rate quotations comparable to those currently provided on such page of the Service, as determined by the Calculation Agent from time to time for purposes of providing quotations of interest rates applicable to dollar deposits in the London interbank market. “Person” means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, governmental authority or other entity. “Prime Rate” means the rate of interest per annum announced from time to time by the Purchaser as its prime rate. The Prime Rate is a variable rate and each change in the Prime Rate is effective from and including the date the change is announced as being effective. THE PRIME RATE IS A REFERENCE RATE AND MAY NOT BE THE PURCHASER'S LOWEST RATE. “Purchaser” means [TBD] and its successors or assigns.
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“Receipts” means all payments made by the School Board to or for the account of the Purchaser with respect to the 2013 Notes and this Agreement. “Regulation D” means Regulation D of the Board of Governors of the Federal Reserve System as from time to time in effect and any successor thereto or other regulation or official interpretation of said Board of Governors relating to reserve requirements applicable to member banks of the Federal Reserve System. “Reserve Requirement” means the maximum aggregate reserve requirement (including all basic, supplemental, marginal and other reserves) which is imposed under Regulation D. “Resolution” means Resolution No. ___-13 adopted by the School Board on September ___, 2013 and Resolution No. ___-13 adopted by the School Board on _____________, 2013 authorizing the issuance, sale, execution and delivery of the 2013 Notes. “School Board Representative” means the President, Vice-President, Interim Superintendent, Secretary, the Executive Director of the School Board, Chief Financial Officer and/or or such other appropriate officer of the School Board in any matter relating to this Agreement. “Security Documentation” means, collectively, (i) Resolution, (ii) the 2013 Notes, (iii) the Deposit Instructions and (iii) this Agreement. “Sinking Fund Account” means the “Orleans Parish Schools Board Revenue Anticipation Notes, Series 2013 - Sinking Fund Account” established by the School Board as a restricted account with the Fiscal Agent and held as a restricted account by the Fiscal Agent at its office in New Orleans, Louisiana. As irrevocably directed by the School Board by letters directed to the Louisiana State Department of Education substantially in the form of Exhibit F hereto and to the City substantially in the form of Exhibit H hereto, the Sinking Fund Account shall directly receive (i) certain payments of Minimum Foundation Equalization Distribution Funding from the State, (ii) certain property collected on behalf of the School Board by City and (iii) such other funds as may be deposited therein by the School Board to fully pay the principal of and interest on the 2013 Notes due on or before the Maturity Date. “State” means the State of Louisiana. “Supplemental Agreement” means any agreement supplemental or amendatory to this Agreement entered into by the Purchaser and the School Board pursuant to Articles VI and IX of this Agreement. “2013 Notes” mean the revenue anticipation note issued by the School Board pursuant to the Act and purchased by the Purchaser under this Agreement, designated Orleans Parish School Board Revenue Anticipation Notes, Series 2013 in substantially the form attached hereto as Exhibit B.
4
Section 1.02. Rules of Construction. (a) Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. (b) All references in this Agreement to designated “Articles,” “Sections” and other subdivisions are to the designated Articles, Sections and other subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision unless the context indicates otherwise. (c) The table of contents hereto and the headings and captions herein are not a part of this Agreement. (d) Accounting terms used herein and not otherwise defined shall have the meaning ascribed to them by generally accepted principles of accounting.
[End of Article I]
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ARTICLE II REPRESENTATIONS Section 2.01. Representations by the School Board. The School Board represents to the Purchaser that: (a) The School Board is a body corporate and political subdivision duly organized and validly existing under the laws of the State of Louisiana; (b) The School Board has lawful power to enter into, execute and deliver this Agreement and the 2013 Notes and to carry out all obligations hereunder and thereunder and by all necessary action has been duly authorized to execute and deliver this Agreement and the 2013 Notes; and the 2013 Notes are a legal, valid and binding limited obligation of the School Board, payable from the revenues to accrue to the General Fund for the Fiscal Year ending June 30, 2014; (c) The School Board has complied with all of the provisions of the Act in the authorization, sale, issuance and delivery of the 2013 Notes, and the issuance of the 2013 Notes will not violate any constitutional or statutory debt limitation; (d) The execution and delivery of this Agreement and the 2013 Notes by the School Board will not conflict with or result in a breach of any of the terms of, or constitute a default under, any Agreement, mortgage, deed of trust, lease or other agreement or instrument to which the School Board is a party or by which it or any of its property is bound or any rules or regulations applicable to the School Board or its property or any order of any court or other governmental body; (e) No litigation, proceedings or investigations are pending or, to the knowledge of the School Board, threatened against the School Board seeking to restrain, enjoin or in any way limit the approval or issuance and delivery of the 2013 Notes or this Agreement or which would in any manner challenge or adversely affect the existence or powers of the School Board to enter into and carry out the transactions described in or contemplated by the execution, validity or performance by the School Board of the terms and provisions of the 2013 Notes or this Agreement; (f) The School Board does not have currently outstanding any 2013 Notes or other evidences of indebtedness issued pursuant to the Act; (g) The School Board has duly established its Sinking Fund Account with the Fiscal Agent as part of its General Fund; (h) The School Board has duly adopted a budget for its General Fund for the Fiscal Year ending June 30, 2014 in accordance with the provisions of the Budget Act; (i) The School Board has determined to issue the 2013 Notes solely for the purpose of funding expenditures properly made from the General Fund;
6
(j) The School Board is not in breach of or in default under any instruments, proceedings or other documentation authorizing the issuance of or securing the payment of any obligations for borrowed money; (k) The School Board will comply in all respects with the terms and provisions of the Security Documentation and any other instruments, proceedings and other documentation authorizing the issuance of and securing the payment of the 2013 Notes, with the terms and provisions of this Agreement and with all applicable State and Federal Laws and regulations governing the implementation thereof; (l) The School Board has not and will not incur indebtedness or liabilities of any nature, except as provided in Section 5.05 hereof, to the extent that the performance of its obligations under the Security Documentation will be or may be prevented or materially impaired or which will result in a violation of any covenant or restriction imposed by the Security Documentation or any other instruments, proceedings or other documentation authorizing the issuance of or securing the payment of the 2013 Notes or any constitutional, statutory or budgetary provision; (m) The School Board has not and will not borrow in excess of its expected revenue receipts permitted by the borrowing statutes for current operations for the Fiscal Year ending June 30, 2014;
[End of Article II]
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ARTICLE III PURCHASE OF 2013 NOTES Section 3.01. Principal Amount of 2013 Notes. Prior to the execution of this Agreement, the School Board has filed with Bond Counsel a Cash Flow Analysis for the Fiscal Year ending June 30, 2014 executed by the School Board Representative setting forth (i) the amount estimated to be received into the General Fund during each month of such Fiscal Year, (ii) the amount estimated to be expended from the General Fund during each month of such Fiscal Year, and (iii) the amount of the balance in the General Fund as of the first day of such Fiscal Year and the amount estimated to be the balance in the General Fund as of the first day of the following Fiscal Year. On the basis of such Cash Flow Analysis and in reliance thereon, the maximum cash flow deficit occurring within six months of the date of issuance of the 2013 Notes has been computed. The School Board acknowledges and agrees that the principal amount of the 2013 Notes has been determined solely upon the information and certifications of the School Board, particularly the Cash Flow Analysis. The School Board by execution of this Agreement, hereby ratifies and confirms as of the date hereof the correctness and completeness of the information contained in the Cash Flow Analysis attached hereto as Exhibit C. Section 3.02. Purchase of 2013 Notes. On the date of the execution of this Agreement, the Purchaser will purchase the 2013 Notes, subject to the provisions of Section 3.01, Section 3.03 and Section 4.01 of this Agreement. Section 3.03. Terms of Purchase. The purchase price of the 2013 Notes shall be par. The 2013 Notes shall bear interest at the Applicable Rate, payable on the Maturity Date to the Purchaser. Interest shall be calculated on the basis of a calendar year of 360 days consisting of twelve (12) thirty-day months. [The Applicable Rate on the 2013 Notes will be equal to the product of .67 times the sum of the Prime Rate (as defined below); for example, 67% of the sum of the Prime Rate as of ________________, would result in a rate of (.325) X 67% = 2.1775%. Interest on the 2013 Notes will accrue on the outstanding principal balance of the 2013 Notes.] For purposes of determining the Prime Rate, such rate shall be rounded to three digits (for example, x.xx). Each determination of the Prime Rate shall be made by the Purchaser and shall be conclusive absent manifest error. The Interest Rate on the 2013 Notes will in no event exceed the lesser of (i) 6% or (ii) the maximum rate permitted by State law as the same may be modified by United States law of general application. The principal of and premium, if any, on the 2013 Notes shall be payable to the Purchaser on the Maturity Date by wire transfer in immediately available funds to the account designated by the Purchaser in writing to the School Board, unless the School Board shall default in payment of principal of and premium, if any, on the 2013 Notes on such Maturity Date. In the event of any such default, interest shall be payable from the date of such default at the Default Rate, payable on demand. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, is legal tender for the payment of public and private debts.
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Section 3.04 Interest Rate Limitation. If at any time the Applicable Rate on the 2013 Notes shall exceed the Maximum Rate, the rate of interest payable on said 2013 Notes shall be limited to the Maximum Rate and, to the extent lawful, the interest that would have been payable thereon but was not paid as a result of the operation of this provision shall be cumulated and such interest subsequently payable to the Purchaser of the 2013 Notes shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by the Purchaser. Section 3.05 Taxable Note Interest Rate. If a Determination of Taxability occurs, the interest rate on the 2013 Notes will increase, from the effective date of such determination, to an interest rate equal to the taxable equivalent rate per annum as determined and established by the Purchaser. Section 3.06. Change in Law; Increased Costs. If the Code or any newly adopted law, treaty, regulation. guideline or directive, or any change in any law, treaty, regulation, guideline or directive or any new or modified interpretation of any of the foregoing by any authority or agency charged with the administration or interpretation thereof or any central bank or other fiscal, monetary or other authority having jurisdiction over the Purchaser or the transactions contemplated by this Agreement (whether or not having the force of law) shall: (a)
limit the deductibility of interest on the 2013 Notes or subject the Purchaser to any tax, duty, charge, deduction or withholding on or with respect to payments relating to the ownership of the 2013 Notes, or this Agreement, or any amount paid or to be paid by the Purchaser (other than any tax measured by or based upon the overall net income of the Purchaser imposed by any jurisdiction having control over the Purchaser);
(b)
impose, modify, require, make or deem applicable to the Purchaser any reserve requirement, capital requirement, special deposit requirement, insurance assessment or similar requirement against any assets held by, deposits with or for the account of, or loans, letters of credit or commitments by, an office of the Purchaser;
(c)
change the basis of taxation of payments due the Purchaser under this Agreement, or the 2013 Notes (other than by a change in taxation of the overall net income of the Purchaser);
(d)
impose upon the Purchaser any other condition with respect to any amount paid or payable to or by the Purchaser or with respect to this Agreement or any of the other related documents;
and the result of any of the foregoing is to increase the cost to the Purchaser of making any payment or maintaining the 2013 Notes, or to reduce the amount of any payment (whether of principal, interest or otherwise) receivable by the Purchaser, or to reduce the rate of return on the capital of the Purchaser or to require the Purchaser to make any payment on or calculated by
9
reference to the gross amount of any sum received by it, in each case by an amount which the Purchaser in its reasonable judgment deems material, then: i.
the Purchaser shall promptly notify the School Board in writing of such event;
ii.
the Purchaser shall promptly deliver to the School Board a certificate stating the change which has occurred or the reserve requirements or other costs or conditions which have been imposed on the Purchaser or the request, direction or requirement with which it has complied, together with the date thereof, the amount of such increased cost, reduction or payment and a reasonably detailed description of the way in which such amount has been calculated, and the Purchaser’s determination of such amounts, absent fraud or manifest error, shall be conclusive; and
iii.
the School Board shall pay to the Purchaser, from time to time as specified by the Purchaser, such an amount or amounts as will compensate the Purchaser for such additional cost, reduction or payment.
The protection of this Section shall be available to the Purchaser regardless of any possible contention of invalidity or inapplicability of the law, regulation or condition which has been imposed; provided, however, that if it shall be later determined by the Purchaser that any amount so paid by the School Board pursuant to this Section is in excess of the amount payable under the provisions hereof, the Purchaser shall refund such excess amount to the School Board. Section 3.07. Initial Fee. The School Board hereby agrees to pay, or cause to be paid, to the Purchaser on the Closing Date a nonrefundable fee in the amount of $____________. [End of Article III]
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ARTICLE IV CONDITIONS AND LIMITATIONS Section 4.01. Documentation of Authorization. Simultaneously with the execution of this Agreement, the School Board shall deliver to the Purchaser the 2013 Notes and to the Fiscal Agent each of the following: (a) A certified copy of the Resolution, or extracts so certified from the minutes of the meeting of the governing body of the School Board at which such Resolution was adopted, setting forth such Resolution in full and an affidavit of publication and a “tear sheet� from the official newspaper of the School Board evidencing the publication of said Resolution; (b) Evidence of action taken by the State Bond Commission approving said resolution of the School Board, certified by the Director-Secretary of the State Bond Commission, or extracts so certified from the minutes of the meeting of the State Bond Commission at which such State Bond Commission action was taken, setting forth such action in full; (c) A completed Cash Flow Analysis in the form attached hereto as Exhibit C executed by a School Board Representative; (d) A signed copy of the opinion of Bond Counsel to the School Board substantially in the form attached hereto as Exhibit D; (e) A closing certificate executed by a School Board Representative in substantially the form attached hereto as Exhibit E; (f) A copy of a letter from the School Board to the Louisiana State Department of Education executed by a School Board Representative and acknowledged by an appropriate official of Louisiana State Department of Education, substantially in the form attached hereto as Exhibit F; (g) A copy of a letter from the School Board to the Fiscal Agent executed by a School Board Representative, substantially in the form attached hereto as Exhibit G; (h) A copy of the School Board's duly adopted budget for its Fiscal Year ending June 30, 2014. (i) A copy of a letter from the School Board to the Director of Finance of the City of New Orleans, substantially in the form attached hereto as Exhibit H; and (j) Purchase and Repayment Schedule attached hereto as Exhibit A.
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ARTICLE V AGREEMENTS BY SCHOOL BOARD Section 5.01. Payment of 2013 Notes. The School Board covenants and agrees to pay the 2013 Notes by making payment, or causing payment to be made, directly to the Fiscal Agent for the account of the Purchaser in funds that will be immediately available to the Fiscal Agent no later than the Maturity Date of such 2013 Notes. In any case where the Maturity Date shall be a Saturday or a Sunday or shall be in the State a legal holiday or a day on which banking institutions are authorized by law to close, then the School Board shall make such payment on the business day next preceding the Maturity Date. In the event the School Board fails to fully pay the principal of and interest on the 2013 Notes due on the Maturity Date, the School Board, without limiting any other right or remedy of the Purchaser hereunder, hereby expressly authorizes the Purchaser to present the 2013 Notes for payment directly to the Fiscal Agent with which it is maintaining the Sinking Fund Account. Section 5.02. Valid and Binding Limited Obligation. The School Board shall issue the 2013 Notes to be purchased by the Purchaser in compliance with the statutes of the State so that such 2013 Notes will be a legal, valid and binding enforceable limited obligation of the School Board to pay the sum set forth therein to the payees thereof or their assignees as contemplated by the Act. Section 5.03. Form of 2013 Notes. The 2013 Notes shall be issued in substantially the form attached hereto as Exhibit B. Section 5.04. Amendment of Budget, Cash Flows and other Budget Reports. The School Board shall promptly furnish to the Fiscal Agent and to the Purchaser a copy of (i) any amendment, revision or modification of its budget for its Fiscal Year ending June 30, 2014, (ii) any report submitted to School Board, the Louisiana State Bond Commission and/or the State Legislator Auditor relating to the budget and/or to the cash flows of the School Board for Fiscal Year 2013 and (iii) any certification it may receive from the State Legislative Auditor to the effect that the format of said budget is not in compliance with law. Section 5.05. Prohibition Against Certain Other Indebtedness. Subject to the provisions of Section 5.07 hereof, during the period of time when the 2013 Notes is outstanding, the School Board shall not issue, without the prior written consent of the Purchaser, any other indebtedness payable from the General Fund in the current Fiscal Year, including, without limitation, revenue anticipation notes, certificates of indebtedness and borrowings from any depository bank pursuant to Louisiana Revised Statutes 39:1220. Section 5.06. Application of Revenues of the School Board and Continuation of the Deposit Instructions. As additional security for payments to the Purchaser in accordance with the Term Sheet, the School Board has authorized and the execution and delivery of Deposit Instructions. If the principal of or interest on the 2013 Notes due on the Maturity Date remains outstanding on the Maturity Date, the School Board shall thereafter pay over to the Fiscal Agent, all revenues pledged to the repayment of the 2013 Notes which it receives from any source and
12
specifically agrees that the Deposit Instructions shall not expire and shall remain in full force and effect until such 2013 Notes shall have been paid and retired. Section 5.07. Issuance of Refunding Obligations. If any portion of the 2013 Notes due on the Maturity Date remains outstanding on the Maturity Date, the School Board shall, in accordance with and to the extent permitted by applicable law: (a) Authorize and offer for sale refunding obligations secured by a pledge of all available revenues including its share of moneys distributed from the Revenue Sharing Fund pursuant to the provisions of Article VII, Section 26 of the Louisiana Constitution of 1974 and/or other legally available security; (b) Borrow from the School Board's Fiscal Agent/Depository up to the maximum amount permitted under the provisions of Louisiana Revised Statutes of 1950, as amended, La. R.S. 39:1220(4); and/or (c) Obtain funds from any and all other legally available sources, to provide funds to retire as soon as reasonably possible the 2013 Notes. Section 5.08. Term of Agreement. This Agreement shall terminate as of the date the 2013 Notes has been paid and fully discharged. Section 5.09. Instruments of Further Assurance. The School Board covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered such further acts, instruments and other documents as the Purchaser or the Fiscal Agent may reasonably require for the better granting of a security interest unto the Purchaser in and to the revenues of the School Board pledged to the payment of the 2013 Notes. Section 5.10. Notice of Default. The School Board shall promptly notify the Purchaser if it is in default under any provision of this Agreement or any other agreement for the payment of borrowed money. Section 5.11. Maintenance of Tax Exemption. The School Board shall not take any action or, to the extent within its control, suffer or permit any action to be taken or condition to exist which would adversely affect the exclusion of the interest on the 2013 Notes from gross income for purposes of federal income taxation. Section 5.12. Reimbursement of Expenses, Losses, Liabilities, Costs, etc. The School Board hereby agrees, to the extent permitted by law, to reimburse the Purchaser upon its request for all reasonable expenses, disbursements, liabilities and advances incurred or made by the Purchaser in accordance with any provision of this Agreement in an amount not in excess of $________. The School Board's obligations under this Section 5.12 shall be limited obligations of the School Board payable solely from the revenues pledged to the payment of the 2013 Notes. The provisions of this Section 5.12 shall terminate upon full payment of the 2013 Notes.
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Section 5.13. Financial Reporting Requirements. As long as the 2013 Note remains outstanding, the School Board covenants that it will furnish to Purchaser, in an electronic format acceptable to Purchaser, the following: (a) Within forty-five (45) days after each fiscal quarter, the consolidated financial statements of the School Board, including a balance sheet as of the end of that period, and income statement for that period, and, if requested at any time by the Purchaser, statements of cash flow and retained earnings for that period, all certified as correct by one of its authorized agents; and (b) Within one hundred eighty (180) days after and as of the end of each of its fiscal years the consolidated financial statements of the School Board prepared and presented in accordance with GAAP, including a balance sheet and statements of income, cash flow and retained earnings, such financial statements to be audited by an independent certified public accountant of recognized standing satisfactory to the Purchaser. (c) As soon as practicable after requested by Purchaser, any and all other information and financial data that Purchaser may reasonably request from time to time. Section 5.14. Non-credit Business Covenant. The School Board covenants and agrees to maintain its existing non-credit banking and depositing products and services furnished by the Purchaser based on current or higher revenue levels.
[End of Article V]
14
ARTICLE VI AMENDMENTS Section 6.01. Amendments, Changes and Modifications. Subsequent to the issuance of the 2013 Notes and prior to their payment in full, this Agreement may not be amended, changed, modified, altered or terminated without the written consent of the Fiscal Agent and the Purchaser. The School Board hereby agrees to accept any amendment, change or modification to this Agreement deemed to be necessary by the Purchaser to maintain the exclusion of the interest on the 2013 Notes from gross income for purposes of federal income taxation.
[End of Article VI]
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ARTICLE VII MISCELLANEOUS Section 7.01. Representations to Survive Delivery. All representations of the School Board shall remain operative and in full force and effect regardless of any investigations made by or on behalf of the School Board and shall survive delivery of the 2013 Notes to the Purchaser. Section 7.02. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 7.03. Notices. It shall be sufficient service of any notice, request, complaint, demand or other paper required by this Agreement to be given to or filed with the Purchaser or the School Board if the same shall be duly mailed by certified mail, addressed as follows: (a)
To the Purchaser: TBD ____________________ ____________________ Attention: ___________
(b)
To the School Board: Orleans Parish School Board 3520 General DeGaulle New Orleans, Louisiana 70114 Attention: Director of Finance
(c)
To the Fiscal Agent: ______________________ ______________________ ______________________ Attention: _____________
Section 7.04. Counterparts. This Agreement is being executed in any number of counterparts, each of which is an original and all of which are identical. Each counterpart of this Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed but one instrument. Section 7.05. Governing Law. It is the intention of the parties hereto that this Agreement and the rights and obligations of the parties hereunder shall be governed by and
16
construed and enforced in accordance with the laws of the State, without regard to its conflicts of law principals. Section 7.06. Conflicts. In the event there is a conflict between any provision of this Agreement and a provision of the Agreement, the provision of the Agreement shall control. Section 7.07. Intervention of Fiscal Agent. NOW COMES and intervenes Fiscal Agent, for the purpose of acknowledging and consenting to the transactions described herein, and said Fiscal Agent agrees to perform all obligations and responsibilities set forth herein.
[End of Article VII]
17
[Signature Page to Purchase Agreement]
IN WITNESS WHEREOF, the Purchaser, the School Board and the Fiscal Agent have caused this Agreement to be executed as of the ______ day of _________, 2013. [SEAL]
TBD, as Purchaser By: Name: Title:
[SEAL]
ORLEANS PARISH SCHOOL BOARD
By: Name: Ira A. Thomas, Sr. Title: President Attest: By: Name: Stanley C. Smith Title: Secretary
[SEAL]
________________________, as Fiscal Agent
By: Name: Title:
18
EXHIBIT “A” TO THE PURCHASE AGREEMENT PURCHASE AND REPAYMENT SCHEDULE FOR THE 2013 NOTES OF ORLEANS PARISH SCHOOL BOARD
FISCAL YEAR ENDING JUNE 30, 2014 Interest Rate:
Variable Rate of interest equal to ______% of Purchaser's Prime Rate (Current Prime Rate: ______%)
Maturity Date:
_______________
Principal Amount:
$______________
EXHIBIT “B” TO THE PURCHASE AGREEMENT FORM OF 2013 NOTE
EXHIBIT “C” TO THE PURCHASE AGREEMENT FORM OF CASH FLOW ANALYSIS The undersigned hereby certifies to Foley & Judell, LLP as Bond Counsel and JPMorgan Chase Bank, N.A. that attached hereto as Schedule I are amounts expected to be received into and the amounts estimated to be expended from the School Board's General Fund during each month of the current Fiscal Year. The undersigned acknowledges and agrees that the information contained in this Cash Flow Analysis will be relied upon by the Bond Counsel and the Fiscal Agent for the purpose of computing the principal amount of the 2013 Notes to be issued by the School Board. ORLEANS PARISH SCHOOL BOARD By: Name: Ira A. Thomas, Sr. Title: President
Date
_________, 2013
EXHIBIT “D” TO THE PURCHASE AGREEMENT FORM OF OPINION OF BOND COUNSEL OPINION
See Item 3.1 on Closing Index.
EXHIBIT “E” TO THE PURCHASE AGREEMENT CLOSING CERTIFICATE
See Item 1.3 on Closing Index.
EXHIBIT “F” TO BE PURCHASE AGREEMENT FORM OF LETTER TO THE LOUISIANA STATE DEPARTMENT OF EDUCATION
See Item 1.9 on Closing Index.
EXHIBIT “G” TO THE PURCHASE AGREEMENT FORM OF LETTER TO PURCHASER
See Item 1.5 of the Closing Index.
EXHIBIT “H” TO THE PURCHASE AGREEMENT FORM OF LETTER To Director of Finance, City of New Orleans
See Item 1.12 of the Closing Index.
Exhibit “C”
_____________________, 2013 Louisiana State Department of Education Accounting Office P.O. Box 94064 Baton Rouge, Louisiana 70804-9064 Attention: Director of Accounting Pursuant to the statutory authority of R.S. 17:89.1(C) and the Cooperative Endeavor Agreement dated ________, 2013 by and between the Orleans Parish School Board (the “OPSB”) and the Louisiana Department of Education, through its Recovery School District (the “RSD”), upon receipt of written notice from ________________ (the “Purchaser”), you are hereby irrevocably directed to direct the State Treasurer to make all payments of Minimum Foundation Equalization Distribution Funds for the Fiscal Year ending June 30, 2014, due this School Board directly to our account entitled “Orleans Parish School Board Revenue Anticipation Notes, Series 2013 - Sinking Fund Account” maintained at the principal corporate trust office of ____________. (the “Fiscal Agent”). We have established this account as security for the payment of the principal of our Fiscal Agent and interest on certain Anticipation Notes to be issued by this School Board and sold to the Purchaser. In the event that the Purchaser does not give the aforesaid notice, then you shall make all payments of Minimum Foundation Equalization Distribution Funds in accordance with applicable law and the aforementioned Cooperative Endeavor Agreement. After signing the below “Acknowledgement”, please return a copy of this letter to us. Sincerely yours, ORLEANS PARISH SCHOOL BOARD
By: Name: Ira A. Thomas, Sr. Title: President cc: Fiscal Agent ACKNOWLEDGEMENT
The Louisiana State Departments of Education hereby acknowledges receipt of this letter from the Orleans Parish School Board and has mailed a copy to said School Board.
Name: ________, 2013
Director of Appropriations Control
Exhibit “D” ORDER OF SCHOOL BOARD REQUESTING FISCAL AGENT TO AUTHENTICATE AND DELIVER THE NOTES $50,000,000 ORLEANS PARISH SCHOOL BOARD REVENUE ANTICIPATION NOTES SERIES 2013
_______________________, as Fiscal Agent of the above-captioned Notes This letter is issued to you in your capacity as Fiscal Agent for the Orleans Parish School Board (the “Issuer”) and concerning a certain revenue anticipation note issued by the Issuer pursuant to Resolution No.___-12 adopted by the Issuer on September ___, 2013 (the “Note Resolution”) authorizing and securing the above-captioned issue of notes (the “2013 Note”), a certified copy of which has been furnished to you. You are in receipt of an opinion of Bond Counsel and certifications by the Issuer to the effect that the 2013 Note has been duly authorized and executed and that all conditions precedent to delivery of the Note has been fulfilled. You are hereby directed to authenticate and deliver the 2013 Note upon your receipt of the funds specified below. You are hereby authorized and directed to sign the Fiscal Agent’s Certificate of Authentication on each fully registered 2013 Note in the combined aggregate principal amount set forth above and to register said 2013 Note in the name of [TBD] as purchaser of the 2013 Note (the “Purchaser”). The aggregate purchase price of the 2013 Note to be paid by the Purchaser thereof is $50,000,000 (representing the principal amount of $50,000,000). Upon receipt by you of such sum you are directed to deliver the 2013 Note to the Purchaser. Pursuant to the statutory authority of R.S. 17:89.1 you are hereby directed to establish the "Orleans Parish School Board Revenue Anticipation Notes, Series 2013 Sinking Fund Account" (the “Sinking Fund Account”) of our General Fund at your offices as a pledged restricted account for the purpose of paying the 2013 Note. Amounts in this Sinking Fund Account shall be used for the payment of the principal of and interest on the 2013 Note to be issued by this Issuer and sold to the Purchaser in accordance with the “Purchase and Repayment Schedule for Anticipation Note” (the “Repayment Schedule”) attached hereto as Exhibit A. You will be serving as Fiscal Agent for the Issuer as provided in the Note Resolution. We have irrevocably instructed (i) the Director of Finance of the City of New Orleans (the “City”) to deposit property taxes collected on behalf of the Issuer until the 2013 Note is fully paid and (ii) the Louisiana State Department of Education to direct the State Treasurer to deposit certain payments of Minimum Foundation Equalization Distribution Funds due this Issuer directly to this Sinking Fund Account. You, in your capacity as Fiscal Agent for the Issuer, are authorized to make withdrawals from said Sinking Fund Account to pay the principal of and interest on said 2013 Note as amounts are deposited to the Sinking Fund Account in accordance with the Repayment Schedule. You are further
directed to immediately remit to this School Board any amounts remaining in the Sinking Fund Account after payment on the 2013 Note in accordance with the Repayment Schedule until the 2013 Note is fully paid and discharged. Following payment and discharge of the 2013 Note, the deposits of funds to the Sinking Fund shall terminate. IN WITNESS WHEREOF, I have hereunto set my hand as of this ____ day of _______, 2013.
ORLEANS PARISH SCHOOL BOARD
By: Name: Ira A. Thomas, Sr. Title: President
Arthur J. Gallagher Risk Management Services, Inc. Workers’ Compensation, Excess Liability, Umbrella, Full Terrorism (Liability) School Leaders Errors & Omissions, Pollution Legal Liability Insurances Requested by: Tracey Griffin-Robertson, Director – Risk Management, Retirement & Benefits Departments Background: Orleans Parish School Board Risk Management services have received the following coverage renewals (coverage period 07/01/13 thru 07/01/14): Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability Insurances. Worker’s Compensation Expiring Premium Proposed Premium Commercial Liability ($2M) Expiring Premium Proposed Premium General Liability Auto Liability Misc. Professional Liability Law Enforcement Liability Employers Liability Umbrella ($25M) Expiring Premium Proposed Premium Full Terrorism ($5M) Expiring Premium Proposed Premium School Leaders Errors & Omissions ($2.5M) Expiring Premium Proposed Premium Pollution Legal Liability ($1M) Expiring Premium Proposed Premium
$184,194.00 $212,627.00 $75,000.00 $72,000.00 Included Included Included Included $137,000.00 $138,150.00 $6,899.55 $6,899.55 $204,729.00 $248,550.00 $25,995.90 $27,232.80
Recommendation: That Orleans Parish School Board renews the Workers Compensation, Excess Liability, Umbrella, Full Terrorism Liability, School Leaders Errors & Omissions, and Pollution Legal Liability insurance policies through Arthur J. Gallagher Risk Management Services, Inc., and authorizes the Board President to sign the renewal agreements.
Budget Codes: Dept: 338 Org: 01262038
Object: 552200
Cost: $705,459.35
Uninsured/Underinsured Board Motion Propose a motion to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy and further move to authorize Mr. Ira Thomas to sign on behalf of Orleans Parish School Board to reject uninsured/underinsured motorist bodily injury coverage from the automobile policy.
REQUEST FOR THE OPSB TO APPROVE THE FY 2014 OPSB STIPEND AND SUPPLEMENTAL COMPENSATION SCALES. (Attachments 1 and 2) Background: The Louisiana State Department of Education and regulations for reimbursement by federal programs of expended funds budgeted in federal grant applications require an annual adoption by the OPSB of a compensation scale for professional development stipends and supplemental compensation for employees who perform work beyond the regular work day. The attached Stipend and Supplemental Compensation Scale includes extracurricular, summer, and professional development compensation for regular employees, and casual employees including substitute teachers, hourly pay rates Only OPSB approved rates may be used for compensation of the above described activities performed after regular work hours. Recommendation: That the OPSB approve the Stipend and Supplemental Compensation Scales for FY 2014. (See Attachments 1 and 2)
Attachment 1
ORLEANS PARISH SCHOOL BOARD FY 2013 STIPEND RATES FOR SUMMER PROGRAMS, PROFESSIONAL DEVELOPMENT, The following pay scale will be used for summer instructional programs and professional development activities conducted under the authority of the Orleans Parish School Board. EMPLOYEE JOB TITLE PRINCIPAL/TEACHER IN CHARGE ASSISTANT PRINCIPAL TESTING COORDINATOR TEACHER/TEACHER TYPES SPEECH PATHOLOGIST SOCIAL WORKER COUNSELOR LIBRARIAN REGISTERED NURSE INTERVENTIONIST/DISCIPLINARIAN MEDICARE PROFESSIONAL PARAEDUCATOR CLERICAL DATA MANAGER FOOD SERVICE SITE MANAGER FOOD SERVICE FIELD COORDINATOR FOOD SERVICE TECHNICIAN SECURITY OFFICERS DETAIL WORKSHOP PRESENTER (EMPLOYEE)
SUBSTITUTE TEACHERS TUTORS: NON-DEGREED TUTORS: DEGREED CASUAL WORKERS
HOURLY/DAILY RATE OF PAY $45.00 $40.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $45.00 $15.00 $15.00 $15.00 $15.00 $20.00 $12.00 $22.00 FOR EACH DETAIL HOUR $50.00 EACH HOUR OF PRESENTATION IN ADDITION TO 2 HOUR PREPARATION COMPENSATION FOR 3 HOURS OF WORKSHOP PRESENTATION (3 HR WORKSHOP + 2 HOUR PREPARATION = 5 HOURS x $50.00 ) $80.00 A DAY - NON-DEGREED $100.00 A DAY – DEGREED $10.00 $15.00 $10.00
Attachment 2 ORLEANS PARISH SCHOOL BOARD EXTRA-CURRICULAR STIPEND SCALE
Title/Position ATHLETICS Athletic Director Head Football Coach Head Football (Pre-Season/Spring $774 per season) Head Coaches (300 per playoff game) Asst. Football Coach Asst. Football Pre-Season/Spring Head Basketball (male/female) Junior Varsity Basketball (male/female) Head Track Coach (outdoor male/female) Asst Head Track Coach (outdoor) Indoor Track Coach (male/female) Head Baseball/Softball Coach (male/female) Asst Indoor Track (4.51%) (33.70 day) Junior Varsity Baseball/Softball (male/female) Volleyball Coach (female) Asst Volleyball Coach Athletic Trainer (Co-Ed) Trainer Coaches Certified Trainer (Required/Contracted by Tulane) Head Soccer (male/female) Bowling Coach (Co-Ed) Golf Coach (Co-Ed) Swimming Coach (Co-Ed) Cross Country Couch (Co-Ed) Asst Cross Country Couch Cheerleader Coach Drill Team Coach Tennis (Co-Ed) Concert season (middle, junior, senior, all city elementary) Band Director Band Director Pre-Season/Post (774 per season) Asst Band Director Drama ($500 per semester) Debate Team Coach ($500 per semester) Student Council Sponsor ($500 per semester) Newspaper ($500 per semester) Yearbook ($500 per semester) Choir director (Includes All-city Choir) Club advisor (maximum of 5 per school) Department Heads (Junior High, High School only) Lower/Upper Grade Chairpersons (Elementary only)
Index B.A. Step 5 $42,213 Indexed Percentage 14.17% 12.88% Flat Fee Flat Fee 9.02% Flat Fee 11.59% 8.11% 10.30% 7.21% 6.44% 11.59% 4.51% 8.11% 6.44% 4.51% 14.17% 9.02% Flat Fee 6.44% 6.44% 6.44% 6.44% 6.44% 4.51% 9.02% 9.02% 6.44% Flat Fee 12.88% Flat Fee 9.02% Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee 12.88% Flat Fee Flat Fee Flat Fee
Senior High
$5,982 $5,437 $1,548 $300 $3,807 $1,162 $4,892 $3,423 $4,348 $3,044 $2,719 $4,892 $1,904 $3,423 $2,719 $1,904 $5,982 $3,808 $5,500 $2,719 $2,719 $2,719 $2,719 $2,719 $1,904 $3,808 $3,808 $2,719 $774 $5,437 $1,548 $3,808 $1,000 $1,000 $1,000 $1,000 $1,000 $5,437 $500 $1,000 N/A
Junior/Mid/Elem
$1,904
$1,904 $1,904
$1,904
$1,904 $1,904
$1,000
$1,000
Building for The Future Orleans Parish School Board Ira H. Thomas, Sr.
Leslie Ellison
President, District 1
Vice President, District 4
Sarah Usdin
Cynthia Cade
Seth Bloom
District 3
District 2
District 5
Nolan Marshall, Jr.
Woody Koppel
District 7
District 6
Interim Superintendent Stan Smith
INVITE YOU TO A
Groundbreaking Celebration for
Robert R. Moton Charter School (at the North Kenilworth Site)
Wednesday, July 17, 2013 • 10 AM 8550 Curran Road • New Orleans
Please RSVP pat@brightmomentsnola.com