WCPSS--Board of Education

OPEN SESSION

CALL TO ORDER - 3 P.M.

QUORUM DETERMINATION

PLEDGE OF ALLEGIANCE

INFORMATION

Chair's Comments
Superintendents Comments

APPROVAL OF MEETING AGENDA

BOARD ADVISORY CHAIR REPORTS

INFORMATION ITEMS

1. FAITH-BASED ADOPT-A-SCHOOL INITIATIVE

Last year, WCPSS began an initiative to partner faith-based organizations with schools
through an Adopt-A-School effort. Faith-based organizations have received training on
mentoring and supporting schools. Schools and faith-based organizations have conducted
needs assessments to determine what the school needs are and how faith-based
organizations can best support meeting these needs. Two partnerships will be shared
today by principals and their faith-based partners. Fiscal Implications: None.
Recommendation for Action: Information item only.

2. STUDENT TRANSFER PROCESS FOR 2009-2010

NC statutes require local school boards to inform students annually regarding their school
assignment for the subsequent year. In WCPSS official school assignments are sent to
parents on May 15th of each year. Statutes also stipulate that parents may request a
transfer to a different school within two weeks of receiving their school assignment. In
WCPSS, the Office of Growth Management oversees the annual transfer request process.
Transfer requests may be submitted beginning May 15th. The transfer request form is
available on the school system website. Senior administrators evaluate each request using
criteria identified in Board Policy 6203. If administrators deny a request, parents may
appeal the decision to a panel of BOE members who then make a recommendation to the
full Board. The decision of the Board is final. Fiscal Implications: None.
Recommendation for Action: Staff is presenting for information.

3. HOUSE BILL 917 AND ITS EFFECT ON THE GOVERNOR'S EXECUTIVE

ORDER NO. 11

Board Counsel will present information on House Bill 917 and implications for the
Wake County Public School System. Fiscal Implications: WCPSS will pay both the
employee and employer contributions to the state retirement system on behalf of the
public employee as to the amount that compensation was reduced by Executive Order
No. 11. No additional funding is required as these amounts have been previously
budgeted. Recommendation for Action: The presentation is for information only.

PUBLIC COMMENT - 4 P.M.

Citizens who signed up to address the board during public comment will be called on in priority order first for items on the agenda and then for items not on the agenda. Each individual speaker will be allowed three minutes for remarks. Issues or concerns involving personnel matters are not appropriate for this public comment setting. After 30 minutes of public comment, any speakers remaining will be recognized at the end of the agenda for their comments.

CONSENT ITEMS

APPROVAL OF MEETING MINUTES

April 14, 2009-Policy Committee Meeting Minutes
April 28, 2009 -Facilities and Operations Committee Meeting Minutes
April 28, 2009 -Student Achievement Committee Meeting Minutes
May 5, 2009-Committee of the Whole Minutes
May 5, 2009-Board of Education Meeting Minutes
May 5, 2009-Closed Session Meeting Minutes

FINANCE

1. REPORT OF ADMINISTRATION APPROVED CONTRACTS

The attached summaries are provided as information in accordance with Board Policy
8361. The summaries list all change orders, and contracts having a value greater than
$50,000 and not over $100,000, and purchase orders in excess of $250,000 for April 2009.
Fiscal Implications: Not applicable. Recommendation for Action: Not applicable.

FACILITIES

1. HVAC DESIGN SERVICES: WEST CARY MIDDLE

Negotiations have been completed with Dewberry & Davis, Inc., to provide mechanical
engineering design services for HVAC system replacement in accordance with the Master
Service Agreement for Mechanical Engineering Services and the Individual Project
Proposal Agreement. Fiscal implications: Funding is available from the total budget of
$67,813,687 for CIP 2006 Life-Cycle Replacement of Building Components. The total
project budget includes proposed compensation for the design consultant of $122,250.
The amount authorized by this contract funds the design through the construction
documents phase; thus, this agreement is for $85,575. The remaining amount of $36,675
will be authorized at a later date. Recommendation for action: Board approval is
requested.

2. CHANGE ORDER NO. CM-06: WAKE FOREST-ROLESVILLE HIGH

ADDITIONS AND RENOVATIONS

Board approval is requested for Change Order No. CM-06 to Clancy & Theys
Construction Co. for their Construction Management at Risk contract for additions and
renovations to Wake Forest-Rolesville High School. This change order, in the amount of
$10,520,661, is to establish a guaranteed maximum price (GMP) for Release 3, which
includes the remaining 19 of the 42 construction packages for this project. A list of bid
packages is attached. Release 1 was approved by the Board on March 31, 2009, and
Release 2 was approved by the Board on April 21. This change order is to establish a
GMP of $39,322,974 for the total contract. Fiscal implications: Funding is available from
the current total project budget of $62,800,000, of which $57,350,000 is from CIP 2006,
$200,000 from PLAN 2004 Start-Up, and $5,250,000 from projected savings on other
projects. Recommendation for action: Board approval is requested.

3. SECOND ADDENDUM TO SALES TAX AGREEMENT AND MASTER

LEASE FORM

Supplemental to the original Sales Tax Agreement entered by the Board of Education and
the Board of Commissioner on March 20, 2007, an agreement to modify the method by
which the real property interests are transferred by the Board to the County so that the
County can claim sales tax refunds from the State has been reached by the Board of
Commissioners and the Board of Education. A Second Addendum and related Master
Lease form have now been negotiated and finalized, with the primary change being the
method of title transfer being accomplished by lease rather than by deed. This
modification to the Sales Tax Agreement will enable the Board's utilization of the master
lease method of transfer to convey a leasehold interest of all Board-owned properties to
the County to maximize sales tax recoupment opportunities. The Board of
Commissioners approved the Second Addendum and Master Lease form on February 2,
2009, subject to final approval of its Board Counsel. On March 31, 2009, the Board
approved a revised version of the Second Addendum and Master Lease form that varied
from the form and content previously approved by the Board of Commissioners, which
by direction of the Board was sent to the Board of Commissioners and County Attorney
on or about April 1, 2009. Following finalization of recent negotiations, Board Counsel
and County Attorney have reviewed and approved final revisions to the Second
Addendum and Master Lease form. As the final version varies from the form and content
approved by the Board on March 31, 2009, Board approval is now required. A copy of the
proposed Second Addendum and Master Lease form is attached. Fiscal implications: The
fiscal benefits from a change to the lease method of property interest transfer include
maximized sales tax recovery, regardless of the size of the capital project, and efficiency
and staff time savings for Board staff and County staff. Recommendation for action:
Board approval is requested.

4. DEED OF EASEMENT: RIVER OAKS MIDDLE

The City of Raleigh (City) is moving forward with an assessable petition project for road
improvements to Freedom Drive at the River Oaks MS site to enhance or expand the
public street adjacent to the eastern frontage of the site. For petition projects, the City
requires that all necessary easements on properties with non-residential uses or zonings to
be dedicated to the City without compensation to the property owner. The City will not
proceed with the project without the Board's participation and dedication of the necessary
easements. Dedication of easements along 189.65 linear feet of the Board's property is
requested. The value of all necessary easements is estimated by City of Raleigh as totaling
$9,600, which includes the value of dedications of a right-of-way of 575 sq. ft., a slope
easement of 858 sq. ft., a driveway reconstruction easement of 464 sq. ft. and a temporary
construction easement of 1913 sq. ft. The anticipated cost to the Board from a future
assessment for paving and sidewalk improvements is $13,375.50. The total value in cash
(assessments) and kind (easement dedications) that the City is requesting of the Board
without compensation is $22,875.50. Cooperation with the City on this project will save
money over time (future school site improvements would require similar dedications and
would cost well in excess of the proposed project cost), will improve accessibility to the
site, will improve the public roadway adjacent to the Site, will preserve and enhance the
value of the site, and will benefit the surrounding neighborhoods. Board Policy 7250.2
(Disposal of Real Property and Granting Easements) confirms that the Board is
authorized and empowered by law, in its sound discretion, to grant easements such as
those requested to a municipality with or without compensation. The requested
easements will not substantially interfere with the present or future use of the property. A
copy of the Easement Plat is attached with the areas of the easements identified thereon.
Fiscal Implications: None currently. A copy of the Easement Plat is attached with the
area of the easements identified thereon. Recommendation for Action: Board approval is
requested.

STUDENT ACHIEVEMENT

1. GRANT PROPOSALS

Competitive (#009109): HSBC Bank USA / Individual Schools.
Entitlement (#009209): PRC 141 - American Recovery and Reinvestment Act of 2009, US Department of Education, NC Department of Public Instruction, Title I Part A / Central Services, Curriculum and Instruction.
Entitlement (#009309): PRC 144 and PRC 145 - American Recovery and Reinvestment Act of 2009, US Department of Education, NC Department of Public Instruction, IDEA Part B / Central Services, Student Services.
Fiscal Implications: Any required cash and/or in-kind matching contributions vary by
grant program. Recommendation for Action: Staff is requesting Board approval.

2. SEVENTH MONTH K-3 INDIVIDUAL CLASS SIZE WAIVER REQUESTS

Chapter 4, section III B of The School Attendance & Student Accounting Manual states
in part:
Local boards of education are responsible for assuring the class size and teacher daily load requirements set forth in G.S. 115C-301 are met.
The superintendent shall immediately determine whether the requirements have in fact not been met. If the superintendent determines the requirements have not been met, he/she shall make a report to the next local board of education meeting.
The local board of education shall take action to meet the requirements of the statute (area superintendents have worked with individual schools to correct all overages to the extent possible). If the local board cannot organizationally correct the exception and if any of the conditions set out below are met; it shall immediately apply to the State Board of Education for additional personnel or waiver from the standards set above.
Within 45 days of receipt of the request, the State Board, within funds available, may allot additional positions or grant waivers for the excess class size or daily load if the exception resulted from exceptional circumstances, emergencies, or acts of God; large changes in student population; organizational problems caused by remote geographic location; or classes organized for a solitary curricular area and if the local board cannot organizationally correct the exception.
Fiscal Implications: None at this time. Recommendation for Action: Board approval is
requested to submit K-3 class size waivers to the State Board of Education.

POLICY

1. POLICY 6400: CODE OF STUDENT CONDUCT

Policy Revision: First Reading; Request Waiver of Second Reading
Technical changes to Policy 6400 - Code of Student Conduct were reviewed by the
Committee of the Whole on May 19, 2009. Recommendation for Action: Staff is
requesting Board approval.

HUMAN RESOURCES

1. RECOMMENDATIONS FOR EMPLOYMENT

a. Professional
b. Support

ACTION ITEMS

FACILITIES

1. POLICY 7105: USE OF SCHOOL TRANSPORTATION SERVICES (FIRST

READING)

Policy 7105 is a new policy that delineates use of transportation services and eligibility of
students for transportation services. The Transportation Advisory Committee, along with
the Facilities and Operations Committee, has reviewed and supports adoption of this
policy. Fiscal implications: The provisions of the proposed policy will not increase
transportation cost. Recommendation for action: Board receipt of first reading is
recommended.

2. RESOLUTION: CIP 2006 FUNDING REALLOCATION

On August 19, 2008, the Board approved the reallocation of $39,328,100 as shown on the
attached resolution. Due to funding restrictions, the County never approved the
requested reallocations. This resolution requests ten reallocations in the total amount of
$18,991,208. This proposed reallocation includes: 1) reallocation from Rolesville Middle
(M6) to four projects that have exceeded their budgets (Offsite Improvements due to
more offsite work on various projects than originally budgeted, Alston Ridge Elementary
due to sewer redesign delaying the school opening, River Bend Elementary due to
permitting delays causing the school opening to be delayed, and Mills Park Middle bidding
over budget mainly due to site issues); 2) reallocation from Rolesville Middle to provide
funding for CIP 2006 Program Management for the first 6 months of the 09-10 fiscal
year; and 3) reallocation of savings from eight projects that bid under budget to the
Reserve fund. The funds to be reallocated from Rolesville Middle are not currently
needed due to the school opening date being delayed by 2 years. The funds will be
reallocated back to Rolesville Middle prior to their need. Details are provided on the
attached resolution. Staff recommends that the August 19, 2008 resolution be voided and
replaced with the May 19, 2009 resolution. The remaining items on the original August
19, 2008 resolution will be resolved at a later date. Fiscal implications: No additional
appropriation of funding is necessary at this time. Recommendation for action: Board
approval is requested.

POLICY

1. POLICY 1040: BOARD-SUPERINTENDENT RELATIONS

Policy Revision; First Reading
Has been reviewed by the Policy Committee and the Committee of the Whole as a part of
the 1000 series review cycle. Recommendation for Action: Staff is requesting Board
approval.

2. POLICY 1325: BOARD MEETING NEWS COVERAGE

3. POLICY 1330: DISRUPTION OF MEETINGS

4. APPOINTMENT TO WAKE TECHNICAL COMMUNITY COLLEGE BOARD

OF TRUSTEES

In accordance with NC General Statute 115D-12, the Board of Education appoints
four of the trustees on the Wake Technical Community College Board of Trustees.
Terms are for four years and are staggered. The term for William K. Atkinson will
expire on June 30, 2009. Attached is a spreadsheet showing the current appointees of the
Board of Education as well as a biographical profile of Linda Coleman, who is being
considered for appointment by the Board. Fiscal Implications: None. Recommendation
for Action: Presented for appointment by the Board of Education.

CLOSED SESSION

To consider confidential personnel information protected under G.S. 143-318.11(a)(6) and 115C-319.
To consider confidential student information protected under G.S. 115C-402 and the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g.
To consult with an attorney employed or retained by the Board in order to preserve the attorney-client privilege as provided in G.S. 143-318.11(a)(3).

ACTION ITEMS CONT'D

HUMAN RESOURCES

1. ADMINISTRATIVE TRANSFER(S)

2. RECOMMENDATION FOR ADMINISTRATIVE APPOINTMENT(S) FROM

CONVERTED MONTHS OF EMPLOYMENT

ADJOURNMENT

Meetings will be held in the Administration Building, 3600 Wake Forest Road, Raleigh, NC unless otherwise indicated.