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

INFORMATION ITEMS

1. VALEDICTORIANS

Twenty-two students will be recognized as Valedictorians for the 2008-2009 school year.
Fiscal Implications: None. Recommendation for Action: Information item 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

February 11, 2009-Finance Committee meeting minutes.
May 12, 2009-Facilities and Operations Committee Meeting Minutes
May 19, 2009 -Committee of the Whole Minutes
May 19, 2009-Board of Education Meeting Minutes

FINANCE

1. AUTHORIZATION FORMS

These authorization forms designate the persons authorized to sign vouchers for the
payment of money on behalf of AV Baucom Elementary and Fuquay Varina Elementary.
Fiscal Implications: These authorization forms are required for bank records.
Recommendation for Action: Approval of Authorization Forms.

2. GIFTS TO THE SYSTEM

Eighty gifts have been donated to the Wake County Public School System. The
approximate value of the gifts is $66,012.00. Fiscal Implications: Not applicable.
Recommendation for Action: No action is required.

3. RENEWAL OF VOLUNTARY STUDENT, HIGH SCHOOL ATHLETIC, &

MIDDLE SCHOOL CATASTROPHE ACCIDENT INSURANCE

The Wake County Public School System has maintained Voluntary Student Accident
Insurance, High School Athletic Accident Insurance, and Middle School Catastrophe
Accident Insurance to address potential losses for the 2009-2010 school-year. This is the
third renewal year of the contract with American Advantage Marketing Group, Inc. and
the second year with The Young Group, Inc.
The cost proposal received from American Advantage Marketing Group, Inc. for High School Athletics Accident Insurance is $77,000. This coverage includes a 2-year guarantee and Blanket Field Trip Accident Insurance at no additional charge.
The cost proposal received from The Young Group, Inc. for Middle School Catastrophe Accident Insurance is $8,820.
The two categories combine for an annual cost of $85,820.
Fiscal Implications: Funds are available in the 2009-2010 Risk Management Budget in the
amount of $93,448. Board Recommendation: Board Approval to renew Voluntary &
High School Athletic Accident Coverage with American Advantage Marketing Group,
Inc. and Middle School Catastrophic Accident Coverage with The Young Group, Inc. is
requested.

FACILITIES

1. LEASE AGREEMENT: PEAKWAY DEVELOPMENT, LLC (BUS PARKING)

Terms and conditions of a Lease Agreement have been reached with Peakway
Development, LLC, ("Peakway") to again lease a gravel parking lot located at 3600
Apex Peakway, Apex, NC, under a one year lease beginning July 1, 2009 and ending June
30, 2010, with the possibility for an annual renewal thereafter. This lease is for continued
use as a school bus parking lot. The current lease for this area will expire June 30, 2009. A
copy of the Lease Agreement is attached. Fiscal Implications: A single sum lease payment
of $20,900 is due and payable to Peakway Development, LLC. The lease terms are the
same as the terms of the 2008 lease. Funding for this lease would come from the
Operating Budget. Recommendation for Action: Board approval is requested.

2. FIRST AMENDMENT TO PARKING LEASE AGREEMENT:

SOUTHEASTERN BAPTIST THEOLOGICAL SEMINARY, INC. (WAKE

FOREST-ROLESVILLE HIGH)

The Board currently leases eighty (80) parking spaces, at the corner of Rock Springs Road
and West Stadium Avenue, from Southeastern Baptist Theological Seminary. In
connection with the renovation project at Wake Forest-Rolesville High School, there is
need for space for temporary storage of educational equipment, furniture, and materials
until the Heritage High School campus is ready for occupancy and the stored items can be
moved into Heritage High School. Terms and conditions of an Amendment to the
Parking Lease Agreement have been reached with Southeastern to allow temporary use of
an additional one hundred thirty-nine (139) parking spaces within the same parking lot in
order to park approximately seventy-five (75) trailers, containing the above-referenced
items, from June 2, 2009 until July 31, 2009, with an option to continue use of the
additional spaces until August 17, 2009. A copy of the First Amendment to Parking Lease
Agreement is attached. Fiscal Implications: Rental cost for the period from June 2, 2009
until July 31, 2009 is a single sum lease payment of $2,893.98. If the Board exercises its
option to extend the end date term from July 31, 2009 until August 17, 2009, additional
rental cost is $803.42. Funding for this lease will come from CIP 2006 funds for the Wake
Forest-Rolesville High School renovation. Recommendation for Action: Board approval
is requested.

3. JOINT USE AGREEMENT: HERBERT AKINS ROAD ELEMENTARY

Town of Fuquay-Varina has requested a Level 4 Joint Use Agreement for the
multipurpose fields located on the future Herbert Akins Road Middle School site
adjacent to Herbert Akins Road Elementary School. The Board and Town have
collaborated in the design, development, and construction of both Herbert Akins Road
Elementary School and the temporary multipurpose fields. The temporary multipurpose
fields will no longer be available for use once construction of Herbert Akins Road Middle
School begins. The Town has agreed to maintain the temporary multipurpose fields at no
cost to the Board in exchange for the privilege to schedule the use of the fields when not
needed by the Board. The school will schedule use of the shared areas during normal
school hours and shall have priority of use at all times. The Town will schedule
multipurpose field use during non-school hours, when they are not needed by the Board.
The standard term of Level 4 Joint Use Agreements is for a period of twenty-five (25)
years; however, the Board and Town agree that this Agreement can be terminated by the
Board or by the Town at any time at Board's or Town's sole discretion, without any
obligation for the Board to repay the Town's maintenance or improvement costs. Fiscal
Implications: None. Recommendation for Action: Board approval is requested.

4. JOINT USE AGREEMENT: BANKS ROAD ELEMENTARY

Town of Fuquay-Varina has requested a Joint Use Agreement for parking areas and
entrance drive to Banks Road Elementary School and for Board use of the Town Park
during school hours. The Board and Town have collaborated in the design, development,
and construction of both Banks Road Elementary School and the Town Park located
adjacent to the school. The Town has agreed to share in the maintenance costs of the
access drive and parking areas, and will be solely responsible for maintenance of the Town
Park. The Board will have use of the parking areas during normal school hours and shall
have priority of use at all times. The Town will schedule Board use of the Town Park, and
the Town will have priority of use at all times. The initial term of this Joint Use
Agreement is for a period of twenty-five (25) years. The Town shall have exclusive option
to extend the Town's use for an additional twenty-five (25) years, so long as the property
is not needed for Board purposes and the facility is operated as a school. A copy of the
Joint Use Agreement is attached. Fiscal Implications: None. Recommendation for
Action: Board approval is requested.

5. CONTRACT EXTENSION: WASTE DISPOSAL AND RECYCLING

Staff recommends an extension of the contract with Waste Industries, Inc., for a 5th year
of an original 4-year agreement, in the amount of $1,041,494.98, based on the estimated
amount of work to be ordered during the year. The 4th year price was increased by the
Consumer Price Index for Waste Collection. The contract term is from July 1, 2009 to
June 30, 2010. The appropriate form of agreement, as approved by the Board's attorney,
will be executed. This contract was not re-bid because negotiations are in progress to
consolidate waste collection contracts with Wake County. However, those negotiations
have not yet reached fruition, so the existing contract must be extended. Fiscal
Implications: Funding is included in the 2009-2010 budget. Recommendation for Action:
Board approval is requested.

6. CONTRACT RENEWAL AND EXTENSIONS : CUSTODIAL SERVICES

Staff recommends extension or renewal of 5 contracts for Custodial Services. The first
contract is for Facilico, Inc., for 26 campuses based on bids received in June 26, 2008.
The bids represented a reduction in cost from prior years. Staff recommends renewal of
service agreement to Facilco, Inc., in the amount of $1,855,342.77, for this period based
on contractor's satisfactory performance. Staff has negotiated a 10% reduction in cost for
services with the four other contractors, and based on contractors satisfactory
performance, recommends awards as follows: RTP Building Maintenance, in the amount
of $3,672,395.84 for 27 campuses; A-K Building Maintenance, in amount of $813,730.88
for 9 campuses; Cenplex Building Services, Inc., in the amount of $197,167.97 for 3
campuses; and Facilico, Inc., in the amount of $2,590,911.24 for 27 campuses. The total
amount of five contracts is $9,129,548.70, with a contract term of July 1, 2009 to June 30,
2010. Fiscal Implications: Funding is included in the 2009-2010 budget.
Recommendation for Action: Board approval is requested.

7. BIDS: ENVIRONMENTAL HEALTH AND SAFETY DEPARTMENT JOB

ORDER CONTRACTS

Bids for the Environmental Health and Safety Department Job Order Contracts were
received on May 7, 2009. A Job Order Contract (JOC) is for construction or repair with
indefinite demand or quantity. The total award of these contracts is $533,000. Staff
recommends award of contracts to the following contractors: 39 Construction, LLC, in
the amount of $150,000 for Indoor Air Quality (IAQ) replacement general contracting;
Enpuricon, Inc., in the amount of $103,000 for IAQ mold remediation; Quality
Decorators, Inc., in the amount of $130,000 for IAQ painting; and 39 Construction, LLC,
in the amount of $150,000 for American Disabilities Act general contracting. All
contracts have durations from July 1, 2009 to June 30, 2010. Fiscal Implications: Funding
is included in the 2009-2010 funding request. Recommendation for Action: Board
approval is requested.

8. CHANGE ORDER NO. CM-17: SYCAMORE CREEK ELEMENTARY

Board approval is requested for Change Order No. CM-17 to Barnhill Contracting
Company for their Construction Manager at Risk contract for the construction of the new
Sycamore Creek Elementary School. This change order, a reduction in the amount of
$69,551.26, includes post-bid changes to the offsite road improvements in the amount of
$332,675.83 and credits for unused allowances and various other changes in the amount
of $402,227.09. On June 3, 2008, the Board approved Change Order CM-09 for the
original construction costs associated with the off-site road improvements. Fiscal
Implications: Funding is available from the total proposed project budget of $27,884,331,
of which $1,708,291 is from PLAN 2004, $22,991,571 from CIP 2006, and $3,184,469 will
be from CIP 2006 Offsite Improvements. The off-site improvements in this change
order are currently encumbered within the project, due to the budgeted offsite
improvement funds being depleted. A reallocation from Rolesville Middle was approved
by the Board on May 19, 2009 and is pending Board of Commissioner approval to
reimburse this project for offsite improvements. Recommendation for Action: Board
approval is requested.

9. CHANGE ORDER NO. GC-14: EAST WAKE HIGH

Board approval is requested for Change Order No. GC-14 to the Joint Venture of Heery
International and D.H. Griffin Construction Company for their Construction
Management at Risk (CMAR) contract for the construction of the Performing Arts
Building at East Wake High. This change order, a reduction in the amount of
$968,596.26, provides final reconciliation of the remaining construction manager
contingency, unused general conditions, and allowances. This change order will complete
this contract. The final Guaranteed Maximum Price for this contract is $11,657,894.61.
The CMAR contracts allow for unused construction manager contingency funds to be
credited to the construction manager as follows: 40% for meeting substantial completion;
20% for meeting final completion; and 40% for meeting specific performance measures.
This construction manager met substantial completion, but not final completion, and met
95.3% of the performance measures. The attachments show how the unused
construction manager contingency was calculated, the process for evaluation of their
performance, and other key criteria about this contract. Fiscal Implications: Funding is
available from the total project budget of $18,264,000, of which $17,184,828 is from
PLAN 2004 and $1,079,172 from PLAN 2000 Start Up. It is anticipated that savings
from this project will be available for reallocation to PLAN 2004 Program Contingency in
the near future. Recommendation for Action: Board approval is requested.

10.CHANGE ORDER NO. 01: MATERIALS TESTING (ALSTON RIDGE

ELEMENTARY)

Board approval is requested for Change Order No. 01 to Froehling & Robertson, Inc., to
extend the Material Testing contract for Alston Ridge Elementary School. Delays in the
scheduled completion are the result of complications with the design, required easements,
and permitting associated with the offsite sewer. This change order increases the contract
amount by $99,907, and extends time for completion from June 5, 2009 to December 8,
2009. Fiscal Implications: Funding is available from the proposed total project budget of
$25,076,100, of which $23,446,540 will be from CIP 2006 and $1,629,560 will be from
CIP 2006 Offsite Improvements. This change order is currently encumbered within the
project as well as $1,108,200 for Offsite Improvements. A reallocation from Rolesville
Middle was approved by the Board on May 19, 2009 and is pending Board of
Commissioner approval to reimburse this project for offsite improvements and the added
expense from the sewer installation delays. Recommendation for Action: Board approval
is requested.

11.CHANGE ORDER NO. CM-12: ALSTON RIDGE ELEMENTARY

Board approval is requested for Change Order No. CM-12 to Barnhill Contracting
Company to extend their Construction Manager at Risk contract completion for the new
Alston Ridge Elementary School. Delays in the scheduled completion are the result of
complications with the design, securing the required easements, and delayed permitting
associated with the offsite sewer. Late changes in the sewer design significantly impacted
the construction sequencing and caused inefficiencies. This change order, an increase in
the amount of $819,596, extends the contract time for completion and associated general
conditions from the original Substantial Completion date of June 5, 2009 to December 8,
2009. On February 3, 2009, the Board approved Change Order CM-08 for the
construction costs associated with the actual sewer redesign. Fiscal Implications: Funding
is available from the proposed total project budget of $25,076,100, of which $23,446,540
will be from CIP 2006 and $1,629,560 will be from CIP 2006 Offsite Improvements.
This change order is currently encumbered within the project as well as $1,108,200 for
Offsite Improvements. A reallocation from Rolesville Middle was approved by the Board
on May 19, 2009 and is pending Board of Commissioner approval to reimburse this
project for offsite improvements and the added expense from the sewer installation
delays. Recommendation for Action: Board approval is requested.

12.POLICY 7105: USE OF SCHOOL TRANSPORTATION SERVICES (SECOND

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 approval is requested.

STUDENT ACHIEVEMENT

1. CONTRACT WITH ACCURATE COMMUNICATION

We are contracting with Accurate Communication to provide interpretation/translation
services for classroom and extra-curricular activities for hearing impaired students in
Wake County Public Schools. Fiscal Implications: Funding in the Special Education
Services' budget in the amount of $327,600.00 is to be used to pay for the cost of these
services. Recommendation for Action: Board approval is requested.

2. CONTRACT WITH CAROLINA CORRECTIONAL SERVICES (CCS): AN

ALTERNATIVE PRIVATE PROGRAM FOR SPECIAL EDUCATION

STUDENTS WHO HAVE BEEN IDENTIFIED AS HAVING SEVERE

EMOTIONAL DISABILITIES

State and federal law require that students with disabilities receive a free appropriate
public education with access to the general curriculum as determined by the IEP Team.
Due to the nature and severity of their disabilities, it is necessary for some students with
severe behavioral and emotional needs to receive their instruction in a separate school
setting.
Carolina Correctional Services will administer The Life Course Academy program at their facility located at 2940 Falstaff Road, Raleigh, NC.
The contract will run from July 1, 2009, through June 30, 2010.
The program will provide special education for up to ten (10) emotionally disabled students whose IEPs call for separate school services.
Legally mandated core academic classes and behavioral training will be provided.
Students will attend five (5) days per week, six (6) hours per day.
Transportation will be provided by WCPSS.
Fiscal Implications: Funding in the Special Education Services' budget in the amount of
$274,470.00 is to be used to pay the cost of these services. Recommendation for Action:
Board approval is requested.

3. CONTRACT WITH CAROLINA CORRECTIONAL SERVICES (CCS): AN

ALTERNATIVE PRIVATE PROGRAM FOR SPECIAL EDUCATION

STUDENTS WHO HAVE BEEN LONG-TERM SUSPENDED

State and federal law requires that students with disabilities who have been long-term
suspended continue to receive a free appropriate public education and access to general
curriculum as determined by the IEP Team.
Carolina Correctional Services will administer The Life Course Academy program at their facility located at 2940 Falstaff Road, Raleigh, NC.
The contract will run from July 1, 2009 through June 30, 2010.
The program will provide special education for up to thirty (30) long-term suspended students with disabilities whose IEPs call for continued resource to separate services.
Legally mandated core academic classes and behavioral training will be provided.
Students will attend five (5) days per week, six (6) hours per day.
Transportation will be provided by WCPSS.
Fiscal Implications: Funding in the Special Education Services' budget in the amount of
$330,780.00 is to be used to pay the cost of these services. Recommendation for Action:
Board approval is requested.

4. CONTRACT WITH DAMAR SERVICES, INC.

We are contracting with Damar Services Inc., a private, non-profit corporation located in
Indiana, to provide special education and related services for an identified student with
special needs. This student was served at this residential facility prior to moving to Wake
County. In order to facilitate the transition to the Wake County Public School System, it
was agreed that the student should continue to receive services in the Damar facility
through June 30, 2010. Fiscal Implications: Funding in the Special Education Services'
budget in the amount of $147,460.00 is to be used to pay the cost of these services.
Recommendation for Action: Board approval is requested.

5. CONTRACT WITH PEDIATRIC SERVICES OF AMERICA

We are contracting with Pediatric Services of America, Inc. to provide healthcare services
to students enrolled in Wake County Public Schools. Fiscal Implications: Funding in the
Special Education Services' budget in the amount of $115,200.00 is to be used to pay the
cost of these services. Recommendation for Action: Board approval is requested.

6. CONTRACT WITH MAXIM HEALTHCARE SERVICES, INC.

We are contracting with Maxim Healthcare Services, Inc. to provide nursing services for
identified special education students. Fiscal Implication: Funding in the Special Education
Services' budget in the amount of $336,960.00 is to be used to pay the cost of these
services. Recommendation for Action: Board approval is requested.

7. CONTRACT WITH THE CHESHIRE CENTER

We are contracting with the Cheshire Center to provide speech/language therapy services
including record review, program planning, educationally related treatment according to
the IEPs, specific strategies, IEP development and attendance at IEP meetings. Fiscal
Implications: Funding in the Special Education Services' budget in the amount of
$241,931.74 is to be used to pay for the cost of these services. Recommendation for
Action: Board approval is requested.

8. CONTRACT WITH SOUTHEAST FAMILY SERVICES

The Children's Developmental Services Agency (formerly The Development Evaluation
Center) no longer evaluates children ages three through five. This responsibility has now
fallen to school systems. This has caused a significant increase in the number of
evaluations that we will need to complete. Our staff is unable to complete these
additional evaluations without contracting with other agencies. In order to help ease the
burden caused by these additional evaluations, the state has allotted additional funds in
PRC 60. We will use these funds to contract with Southeast Family Services. Fiscal
Implications: Funding in the Special Education Services' budget in the amount of
$351,000.00 is to be used to pay the cost of these services. Recommendation for Action:
Board approval is requested.

9. GRANT PROPOSALS

Entitlement (#008009): PRC 026 - US Department of Education, NC Department of Public Instruction, McKinney-Vento Education for Homeless Children and Youth / Central Services, Counseling and Student Services.
Competitive (#009409): North Carolina Electric Cooperatives, Bright Ideas Grant Program / Individual Schools.
Competitive (#009509): North Carolina School Library Media Association / Individual Schools.
Competitive (#009609): NC Alliance For Athletics, Health, Physical Education, Recreation and Dance / Individual Schools.
Competitive (#009709): Calypso Control Systems, Calypso School First Foundation / Individual Schools.
Collaboration (#009809): Town of Cary, Cary Family YMCA and Kraft Family YMCA / Individual Schools.
Competitive (#009909): 21st Century Community Learning Center Program / Individual Schools.
Fiscal Implications: Any required cash and/or in-kind matching contributions vary by
grant program. Recommendation for Action: Staff is requesting Board approval.

10.SCHOOL IMPROVEMENT PLANS

New schools Laurel Park Elementary, Mills Park Elementary, and Sycamore Creek
Elementary engaged in a year long process of crafting their School Improvement Plan.
Instructional school staff voted and approved each plan.
Plans are to be living documents schools utilize to focus their work.
Plans include waivers the schools are requesting in order to be able to successfully
implement their plan for improvement. Schools submit their School Improvement Plans
online via intranet. Fiscal Implications: None. Recommendation for Action: Board
approval is requested in order to implement during the 2009-2010 school year.

11.SCHOOL IMPROVEMENT WAIVERS

Attached waiver requests submitted online via the school improvement plan.
One State Waiver: Requesting a waiver from class size limits for grades 4 and 5 at Banks
Road Elementary, Herbert Akins Elementary, and Lake Myra Elementary Schools
opening in 2009-2010. One Local Waiver: Requesting a waiver from the extended early
release days for Enloe High School. This will not impact the weekly early release for
PLCs. Waivers are approved for the life of the plan (through 2011).
Waivers have been approved by school staff. Waivers have been approved by
Superintendent's Strategy Team. Fiscal Implications: None. Recommendation for Action:
Board approval is requested in order to implement during the 2009-2010 school year.

POLICY

1. POLICY 1040: BOARD- SUPERINTENDENT RELATIONS

Second Reading.
This policy 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

Second Reading
This policy 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.

3. POLICY 1330: DISRUPTION OF MEETINGS

HUMAN RESOURCES

1. RECOMMENDATIONS FOR EMPLOYMENT

a. Professional
b. Support

2. REQUEST FOR LEAVES

ACTION ITEMS

FINANCE

1. REDUCTION IN FORCE, CAPITAL IMPROVEMENT PROGRAM

On April 21, 2009, the Board of Education approved changes to the Capital
Improvement Program (CIP) schedule. These changes were made necessary because of
adjustments to available funding approved by the Wake County Board of Commissioners
on February 16, 2009. The changes required staff to review program management
necessary in light of a reduced workload. Based upon the detailed review, a
recommendation for a reduction in force of CIP funded staff is being made per Board
Policy 4430. Fiscal Implications: A reduction in salary and benefits charged to CIP funds
will result. Recommendation for Action: Board approval is requested.

POLICY

1. POLICY 1317: OPEN MEETINGS

First Reading
This policy 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 1322: AGENDAS

3. POLICY 11600: BOARD MEMBER ORIENTATION

CLOSED SESSION

To consider confidential personnel information protected under G.S. 143-318.11(a)(6) and 115C-319.
To consult with the Board of Education attorney and preserve the attorney-client privilege as provided in G.S. 143-318.11(a)(3) due to current litigation, Hylton v. Wake County Board of Education, et al.

ACTION ITEMS CONT'D

HUMAN RESOURCES

1. ADMINISTRATIVE TRANSFERS

2. RECOMMENDATION FOR ADMINISTRATIVE APPOINTMENT(S) FROM

CONVERTED MONTHS OF EMPLOYMENT

3. RECOMMENDATION FOR NON-RENEWALS

4. RECOMMENDATION FOR CAREER STATUS

ADJOURNMENT

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