TENAFLY BOARD OF EDUCATION
Tuesday, September 27, 2011
BOARD OF EDUCATION MEETING CLOSED SESSION AGENDA SESSION I: FOLLOWING OPEN SESSION x
Personnel
x
Contractual matters
x
Negotiations
x
Litigation
NO FORMAL ACTION IS TAKEN DURING THE CLOSED SESSION
Regular Board Meeting – September 27, 2011
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Tenafly Public Schools Regular Public Meeting of the Tenafly Board of Education September 27, 2011
Hegelein Building Central Office 500 Tenafly Road Tenafly, NJ 07670
Board of Education Ms. Phyllis Perskie-Kesslen, President Mr. Richard H. Press, Vice President
Mr. Mark Aronson Mr. Sam A. Bruno Mr. Donald H. Kaplan
Mr. Edward J. Salaski Ms. Lynne W. Stewart Mr. Jonathan M. Teall
Ms. Lynn Trager, Superintendent of Schools Ms. Barbara Laudicina, Assistant Superintendent Mr. Louis P. Mondello, Business Administrator/Board Secretary Representatives to the Board
Students – 2011-2012
Administrators
Adam Zane, High School Senior Allison Starer, High School Junior
Dr. Dora P. Kontogiannis Dr. Ann Powell Mr. John Fabbo Ms. Jennifer Ferrara Mr. Neil Kaplicer Ms. Darlene Markman
Regular Board Meeting – September 27, 2011
I.
CLOSED SESSION 7:00 p.m.
II.
OPEN SESSION – 8:00 p.m. A. Call to order B. Adequate Notice Statement C. Roll Call D. Pledge of Allegiance
Page 3
Ms. Perskie-Kesslen Ms. Perskie-Kesslen Mr. Mondello Ms. Perskie-Kesslen
III.
Approval of Minutes x Regular Public and Closed Executive Session of August 30, 2011 x Regular Public and Closed Executive Session of September 13, 2011
IV.
Board President’s Report
Ms. Perskie-Kesslen
V.
Superintendent’s Report
Ms. Trager
VI.
Student Representatives’ Report
Mr. Zane Ms. Starer
VII.
Board Secretary’s Report x Fire and Security Drills for September 2011
Mr. Mondello
VIII.
Board Committee Reports x Finance Committee x Alternative Revenue Committee x Curriculum Committee
Mr. Kaplan Ms. Stewart Ms. Perskie-Kesslen
Reports, Presentations and Discussions: x Re-Registration Report
Ms. Trager
IX. X.
XI.
Public Comments -- Agenda Citizens may address the Board of Education on any item listed on the agenda. Citizens will give their names and addresses when recognized to speak. A time limit of three minutes per person and a total of 30 minutes for all communications are allowed. Large groups are urged to select someone to represent them. Action Items – Resolutions
XII. Public Comments – Second Opportunity Citizens may address the Board of Education on any item not on the agenda. Citizens will give their names and addresses when recognized to speak. A time limit of three minutes per person and a total of 30 minutes for all communications are allowed. Large groups are urged to select someone to represent them. XIII. Opportunities for public comment are not scheduled for the Committee-Of-Whole Work Session XIV. Re Recess: Regular Public Session to convene a Committee-Of-Whole Work Session XV. Open Session XVI. Adjournment to Closed Session The session may include discussions of negotiations, contractual matters, and personnel, including the personnel consequences and implications for negotiations regarding the 2011-2012 budget. Pursuant to the Open Public Meetings Act, the Tenafly Board of Education is required to notify the public when the minutes of this closed session will be available. When the need for confidentiality no longer exists, the minutes will be available to the public. XVII. Adjournment
Regular Board Meeting – September 27, 2011
MO. Sept 2011
Page 4
FIRE DRILLS & SECURITY DRILLS 2011 - 2012 SCHOOL YEAR MACKAY MAUGHAM 9/09/11 pm 9/08/11 p.m. 9/19/11 am 9/09/11 p.m.
HIGH 9/13/11 pm
MIDDLE 9/09/11 pm
Security/ Evacuation Drill:
Security/ Evacuation Drill:
Security/ Lockdown(inside) Drill:
9/19/11 pm
9/15/11 pm
9/20/11 p.m.
SMITH 9/09/11 pm 9/13/11 pm
STILLMAN 9/09/11 pm 9/14/11 am
Security/ Lockdown(inside) Drill:
Security/ Lockdown(inside) Drill:
Security/ Lockdown(in side) Drill:
9/20/11 am
9/20/11 am
9/21/11 a.m.
The following resolutions are recommended by the Superintendent of Schools: PERSONNEL RESOLUTION P-1 RESOLUTION P-2 RESOLUTION P-3 RESOLUTION P-4 RESOLUTION P-5 RESOLUTION P-6 RESOLUTION P-7 RESOLUTION P-8 RESOLUTION P-9 RESOLUTION P-10
ADMINISTRATION RESOLUTION A-1
RESOLUTION A-2 RESOLUTION A-3 RESOLUTION A-4
APPROVAL OF SUBSTITUTE RESIGNATION HIRE LEAVE OF ABSENCE FOR SMITH SCHOOL TEACHER LEAVE OF ABSENCE FOR MIDDLE SCHOOL ART TEACHER LEAVE OF ABSENCE FOR HIGH SCHOOL SOCIAL STUDIES TEACHER APPROVAL OF THERAPIST/PROVIDER APPROVAL OF ELEMENTARY AFTER-SCHOOL CLUB INSTRUCTORS EXTRA COMPENSATION APPOINTMENT APPROVAL OF MIDDLE SCHOOL ARTISTS-IN-RESIDENCE FOR THE 2011/12 SCHOOL YEAR
ANNUAL APPROVAL OF UNIFORM STATE MEMORANDUM OF AGREEMENT BETWEEN EDUCATION AND LAW ENFORCEMENT OFFICIALS-1999 REVISIONS SECOND READING OF POLICY #5600 “PUPIL DISCIPLINE/CODE OF CONDUCT” SECOND READING OF POLICY #5561 “USE OF PHYSICAL RESTRAINT” TENAFLY EDUCATIONAL FOUNDATION
SPECIAL EDUCATION RESOLUTION S-1 APPROVAL OF SUPPLEMENTAL ADDENDUM TO APRIL 2009 STIPULATION OF SETTLEMENT RESOLUTION S-2 APPROVAL OF PLACEMENT 10 MONTH PROGRAM FALL 2011 RESOLUTION S-3 APPROVAL OF TWELVE MONTH EXTENDED SCHOOL YEAR PLACEMENTS RESOLUTION S-4 RESCIND A PLACEMENT
Regular Board Meeting – September 27, 2011
FINANCE RESOLUTION F-1 RESOLUTION F-2 RESOLUTION F-3 RESOLUTION F-4 RESOLUTION F-5
RESOLUTION F-6
RESOLUTION F-7 RESOLUTION F-8
RESOLUTION F-9 RESOLUTION F-10
RESOLUTION F-11
RESOLUTION F-12
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SECRETARY’S REPORT FOR AUGUST 2011 TREASURER’S REPORT FOR AUGUST 2011 DESIGNATION OF DEPOSITORIES ACKNOWLEDGEMENT OF BOARD’S INTENTION TO ACCEPT GIFTS REVISE PORTION OF RESOLUTION F-9 OF AUGUST 30, 2011, AGREEMENT FOR NON-PUBLIC NURSING SERVICES WITH BERGEN COUNTY DEPT OF HEALTH SERVICES FOR THE 2011-2012 SCHOOL YEAR FOR LUBAVITCH ON THE PALISADES APPROVE SHARED SERVICES AGREEMENT WITH CRESSKILL BOARD OF EDUCATION FOR INFORMATION TECHNOLOGY SUPPORT APPROVAL TO RENEW TRANSPORTATION CONTRACT FOR JOHN LECKIE, INC. FOR 2011-2012 SCHOOL YEAR APPROVAL FOR THE RENEWAL OF TRANSPORTATION CONTRACT TO FIRST STUDENT, INC. FOR 2011-2012 SCHOOL YEAR APPROVAL OF TRANSPORTATION AGREEMENT WITH ENGLEWOOD BOARD OF EDUCATION FOR 2011-2012 APPROVAL TO APPOINT THE DISTRICT INDOOR AIR QUALITY DESIGNATED PERSON FOR THE 2011-2012 SCHOOL YEAR APPROVAL TO DESIGNATE THE DISTRICT INTEGRATED PEST MANAGEMENT COORDINATOR FOR THE 2011-2012 SCHOOL YEAR APPROVAL OF DISTRICT TRAVEL AND WORK-RELATED EXPENSE REIMBURSEMENT
Regular Board Meeting – September 27, 2011
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PERSONNEL RESOLUTION P-1 APPROVAL OF SUBSTITUTE BE IT RESOLVED that the substitute with a County License listed below be approved by the Board of Education for the 2011-12 school year in accordance with Senate Bill #851 regarding criminal history background check: NAME Lori Cohen
DEGREE B.A.
CERTIFICATION County License
MAJOR/MINOR Sociology/Business
SUPPORTING DATA Routine addition to Substitute Teacher list. RESOLUTION P-2 RESIGNATION BE IT RESOLVED that the Board accepts, with regret, the following resignation: NAME Michaela Freemantle Mackay Lunch Aide
REASON Personal
EFFECTIVE DATE September 20, 2011
SUPPORTING Michaela Freemantle, who was recently hired, has resigned. RESOLUTION P-3 HIRE BE IT RESOLVED that the following person be employed to fill the position listed for the length of time and compensation indicated and subject to all federal, state, county and local regulations governing said employment and in accordance with Senate Bill #851 regarding a criminal history background check:
NAME AND POSITION Jacqueline Cutro Lunch Aide-Smith School
EMPLOYMENT DATES 9/19/11-6/30/12
CLASSIFICATION AND SALARY $18.25 an hour, $5,557 annual prorated
SUPPORTING DATA Jacqueline Cutro will replace Alison George who was transferred into a 19 hour a week Special Ed aide position. The position is in the 2011-12 budget. RESOLUTION P-4 LEAVE OF ABSENCE FOR SMITH SCHOOL TEACHER BE IT RESOLVED that the Board, in accordance with Article VI, B. and C. grants Brenda Yoo, Grade 4 Smith School teacher a maternity/disability leave of absence using accumulated sick days effective on or about December 5, 2011, not to exceed 30 calendar days after the birth of her baby expected December 31, 2011,to be followed by an unpaid child-rearing leave of absence under the Family Medical Leave Act for no more than 12 weeks, to be followed by an unpaid leave through May 4, 2012. SUPPORTING DATA Brenda Yoo, who was hired in 2006, intends to return May 7, 2012.
Regular Board Meeting – September 27, 2011
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RESOLUTION P-5 LEAVE OF ABSENCE FOR MIDDLE SCHOOL ART TEACHER BE IT RESOLVED that the Board, in accordance with Article VI, B. and C. grants Stacey Lanni, Middle School Art teacher a maternity/disability leave of absence using accumulated sick days effective January 13, 2012, not to exceed 30 calendar days after the birth of her baby expected January 24, 2012, to be followed by an unpaid childrearing leave of absence under the Family Medical Leave Act for no more than 12 weeks, to be followed by an unpaid leave, if necessary through April 30, 2012. SUPPORTING DATA Stacey Lanni, who was hired in 2004, intends to return on May 1, 2012. RESOLUTION P-6 LEAVE OF ABSENCE FOR HIGH SCHOOL SOCIAL STUDIES TEACHER BE IT RESOLVED that the Board, in accordance with Article VI, B. and C. grants April Celli, High School Social Studies teacher a maternity/disability leave of absence using accumulated sick days effective February 27, 2012, not to exceed 30 calendar days after the birth of her baby expected March 16, 2012, to be followed by an unpaid child-rearing leave of absence under the Family Medical Leave Act for no more than 12 weeks, to be followed by an unpaid leave, if necessary, through June 2012. SUPPORTING DATA April Celli, who was hired in 2001, intends to return in September 2012. RESOLUTION P-7 APPROVAL OF THERAPIST/PROVIDER BE IT RESOLVED that the Board approves the following therapist/provider to evaluate classified students, deliver therapies and/or provide consultation services as outlined in the students' Individual Education Programs: ADDITION TO THERAPIST/PROVIDER Dr. Hugh Bases, Neuro-developmental Pediatrician Psychiatric Care Associates, Englewood, NJ KatelynFrank,ABAProvider RESOLUTION P-8 APPROVAL OF ELEMENTARY AFTER-SCHOOL CLUB INSTRUCTORS BE IT RESOLVED that the Board approves the following as elementary school AfterSchool Club Instructors for the 2011-12 school year pending successful completion of criminal history background check:
Regular Board Meeting – September 27, 2011
NAME Fall 2011 Shannon Leah Lawrence Gabriel Benny Ivette Izyaslav Bruce Tania Mark Regina Thomas Anne
CLUB Lamendola Sposa Bongon Weiner Sabag Rubio Kaza Meakem Ortega Calabrese Morrissey Klics Kim
In Motion In Motion Hobby Quest Hobby Quest Hobby Quest Chess Chess Golf Magic 1-2 Magic 3-5 Intro Science 1-2 Intro Science 3-5 Aviation
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SCHOOL Maugham Maugham Maugham Maugham Maugham Maugham Mackay Mackay Mackay Mackay Mackay Mackay Mackay
RESOLUTION P-9 EXTRA COMPENSATION APPOINTMENT BE IT RESOLVED that the Board approves the following extra-compensation appointment for the 2011-12 school year: NAME Donna Smith Eloise Zerling
POSITION Smith School Dismissal Supervision Smith School Arrival Supervision NJ ASK Test Advisor
STIPEND $ 825 825 1,586
SUPPORTING DATA Neil Kaplicer recommends that Donna Smith, a Smith School aide, fill these two new positions that were approved on August 30, 2011 to assist students as they enter and leave Smith School at the Leroy Street entrance. No Smith School teachers were interested in these positions. Barbara Laudicina recommends Eloise Zerling, Middle School Guidance Counselor.
RESOLUTION P-10 APPROVAL OF MIDDLE SCHOOL ARTISTS-IN-RESIDENCE FOR THE 2011/12 SCHOOL YEAR BE IT RESOLVED that the Board approve the following as Artists-In-Residence for the Middle School Gifted and Talented Program: NAME Bonnie Deustch Jill Baratta Joseph Camporeale
PROGRAM Pottery Watercolor Painting Focal Point Photography
SUPPORTING DATA These artists will work with the Middle School Gifted and Talented Program.
Regular Board Meeting – September 27, 2011
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ADMINISTRATION RESOLUTION A-1 ANNUAL APPROVAL OF UNIFORM STATE MEMORANDUM OF AGREEMENT BETWEEN EDUCATION AND LAW ENFORCEMENT OFFICIALS-1999 REVISIONS WHEREAS, the Tenafly Public School District Superintendent of Schools and the Chief of the Tenafly Police Department met on September 19, 2011, to have an annual review of the Uniform State Memorandum of Agreement-Between Education and Law Enforcement Officials-1999 Revisions, and WHEREAS, at the meeting a statement to uphold the NJ Anti-Bullying Bill of Rights Act, PL 2010, Chapter 122 was added to section 8.6. No further recommendations for changes were deemed necessary, THEREFORE, BE IT RESOLVED that the Tenafly Board of Education approves the Uniform State Memorandum of Agreement-1999 Revisions, and that four (4) signed copies of an annual Update Form be forwarded to the County Superintendent of Schools for signature and forwarding to the County prosecutor for approval and processing. SUPPORTING DATA Administrative law requires this resolution. RESOLUTION A -2 SECOND READING OF POLICY #5600 “PUPIL DISCIPLINE/CODE OF CONDUCT”
BE IT RESOLVED that the Board of Education will have its second reading of #5600 Pupil Discipline/Code Of Conduct” SUPPORTING DATA Policy 5600 incorporates the requirements of the new code of conduct. RESOLUTION A -3 SECOND READING OF POLICY #5561 “USE OF PHYSICAL RESTRAINT”
BE IT RESOLVED that the Board of Education will have its second reading of #5561 “Use Of Physical Restraint”
SUPPORTING DATA Policy # 5561 Although New Jersey law expressly permits the use of reasonable force to control a pupil in an emergency situation; there is no statute or code to provide specific guidance on the use of physical restraint. Policy and Regulation Guides 5561 were developed upon reviewing the current research and other State laws regarding the use of physical restraints. These Guides provide a very conservative approach to the use of physical restraint by school staff members in an emergency situation.
Uniform Memorandum of Agreement Addendum September 2011
The school district agrees to work in cooperation with law enforcement to uphold the NJ Anti-Bullying Bill of Rights Act, PL 2010, Chapter 122. The district will support the Harassment, Intimidation and Bullying Policy 5512 and comply with the requirements of the new legislation in continued cooperation with law enforcement.
POLICY GUIDE PUPILS 5600/page 1 of 4 Pupil Discipline/Code of Conduct Mar 87 May 11 M [See POLICY ALERT Nos. 140, 142, 147, 164, 176 and 193] 5600 PUPIL DISCIPLINE/CODE OF CONDUCT The Board of Education adopts this Pupil Discipline/Code of Conduct Policy to establish standards and procedures for positive pupil development and behavioral expectations on school grounds, including on a school bus or at school-sponsored functions, and as appropriate, for conduct away from school grounds. Every pupil enrolled in this district shall observe promulgated rules and regulations and submit to the discipline imposed for infraction of those rules. Regulation 5600 shall include a description of school responses and consequences to violations of the behavioral expectations established by the Board that, at a minimum, are graded according to the severity of the offenses, considering the developmental ages of the pupil offenders and pupils’ histories of inappropriate behaviors pursuant to N.J.A.C. 6A:16-7.1(c)5. The development, annual review, and update of this Policy shall involve parent, pupil, and community involvement which represents, where possible, the composition of the schools and community and shall be based on locally determined and accepted core ethical values. The Board will review this Policy and Regulation after considering the findings of the annual reports of pupil conduct, including suspensions and expulsions, pursuant to N.J.A.C. 6A:16-7.1(a)5 and 6, and the incidences reported under the Electronic Violence and Vandalism Reporting System, in accordance with N.J.A.C. 6A:16-5.3. The Superintendent shall report annually on the implementation of the Pupil Discipline/Code of Conduct Policy to the Board at a public meeting pursuant to N.J.A.C. 6A:16-7.1(a)5. The Superintendent shall submit a report annually to the New Jersey Department of Education on pupil conduct, including all pupil suspensions and expulsions, and the implementation of the Pupil Discipline/Code of Conduct Policy in accordance with the format prescribed by the Commissioner of Education and the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e).
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POLICY GUIDE PUPILS 5600/page 2 of 4 Pupil Discipline/Code of Conduct
For pupils with disabilities, subject to Individualized Education Programs in accordance with 20 U.S.C. §1400 et seq., the Individuals with Disabilities Education Improvement Act, and accommodation plans under 29 U.S.C. §§ 794 and 705(20), pupil discipline and the code of conduct shall be implemented in accordance with the components of the applicable plans. The Building Principal or designee shall have the authority to assign discipline to pupils. School authorities also have the right to impose a consequence on a pupil for conduct away from school grounds, including on a school bus or at a schoolsponsored function pursuant to N.J.A.C. 6A:16-7.6. This authority shall be exercised only when it is reasonably necessary for the pupil’s physical or emotional safety, security, and well-being or for reasons relating to the safety, security, and well-being of other pupils, staff, or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2. This authority shall be exercised only when the conduct which is the subject of the proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of the school. Consequences shall be handled in accordance with Policy and Regulation 5600, pursuant to N.J.A.C. 6A:16-7.1, and as appropriate, in accordance with N.J.A.C. 6A:16-7-2, 6A:16-7.3, or 6A:16-7.5. Consequences and appropriate remedial action for a pupil who commits one or more acts of harassment, intimidation, or bullying may range from positive behavioral interventions up to and including suspension or expulsion. The factors for determining consequences and remedial measures and examples of consequences and remedial measures are listed in Policy 5512 – Harassment, Intimidation, and Bullying. Consequences for a pupil who commits an act of harassment, intimidation, or bullying shall be varied and graded according to the nature of the behavior, the developmental age of the pupil and the pupil’s history of problem behaviors and performance, and shall be consistent with this Policy and the school district’s pupil discipline/code of conduct pursuant to N.J.A.C. 6A:16-7.1. Remedial measures shall be designed to correct the problem behavior; prevent another occurrence of the problem; protect and provide support for the victim of the act; and take corrective action for documented systemic problems related to harassment, intimidation, or bullying.
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POLICY GUIDE PUPILS 5600/page 3 of 4 Pupil Discipline/Code of Conduct
Any pupil to be disciplined shall be provided the due process procedures for pupils and their families as set forth in N.J.A.C. 6A:16-7.2 through 7.6. When a pupil transfers to a public school district from another public school district, all information in the pupil’s record related to disciplinary actions taken against the pupil by the school district and any information the school district has obtained pursuant to N.J.S.A. 2A:4A-60, Disclosure of Juvenile Information, Penalties for Disclosure, shall be provided to the receiving public school district, in accordance with the provisions of N.J.S.A. 18A:36-19(a), N.J.A.C. 6A:32(e)10.iv., and N.J.A.C. 6A:16-7.10. Regulation 5600 shall include a description of pupil responsibilities that include expectations for academic achievement and behavior, a description of behaviors that will result in suspension or expulsion pursuant to N.J.S.A. 37-2, and a description of pupil rights pursuant to N.J.A.C. 6A:16-7.1(c)3.i through vii. Comprehensive behavioral supports that promote positive pupil development and the pupil’s abilities to fulfill the behavioral expectations established by the Board will include: positive reinforcement for good conduct and academic success including the programs as outlined in Policy 5440; supportive interventions and referral services including those services outlined in Policy 2417; remediation of problem behaviors that take into account the nature of the behaviors, the developmental ages of the pupils and the pupil’s histories of problem behaviors and performance; and for pupils with disabilities, the behavior interventions and supports shall be determined and provided pursuant to the requirements of N.J.A.C. 6A:14. The Building Principal shall maintain a current list of community-based health and social service provider agencies available to support a pupil and the pupil’s family, as appropriate, and a list of legal resources available to serve the community. Pupil discipline and code of conduct in the district will be applied without regard to race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability or by any other distinguishing characteristic, pursuant to N.J.S.A. 10:5.
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POLICY GUIDE PUPILS 5600/page 4 of 4 Pupil Discipline/Code of Conduct
The Pupil Discipline/Code of Conduct Policy and Regulation shall be disseminated annually to all school staff, pupils, and parent(s) or legal guardian(s). School staff shall be trained annually on the Pupil Discipline/Code of Conduct Policy and Regulation, which shall include training on the prevention, intervention, and remediation of pupil conduct in violation of the district’s Policy and Regulation. Information on this Policy and Regulation shall be incorporated into the orientation program for new employees.
N.J.S.A. 18A:6-1; 18A:36-25.1; 18A:25-2; 18A:36-19a; 18A:37-1 et seq.; 18A:37-13.1 et seq. N.J.A.C. 6A:16-7.1 et seq.; 6A:14-1.1 et seq. Cross reference: Policy Guide Nos. 2460, 5500, 8330
Adopted: ¤ Copyright 2011
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Policy Guide 5561- USE OF PHYSICAL RESTRAINT Section: Pupils Date Created: February, 2011 Date Edited: February, 2011
To Codes:
[See POLICY ALERT No. 192] To Digest Search Policy Guides Policy Guides TOC Word Export
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The Board of Education strives to provide a safe, caring atmosphere that supports all learners in the least restrictive environment. On occasion, during an emergency, a situation may arise making it necessary to temporarily restrain a pupil. An emergency is defined as a situation in which the pupil’s behavior poses a threat of imminent, serious physical harm to the pupil or others or imminent, serious property destruction. In accordance with N.J.S.A. 18A:6-1, no person employed or engaged in school or educational instruction, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution. However, any such person may, within the scope of his/her employment, use and apply such amounts of force as is reasonable and necessary: to quell a disturbance, threatening physical injury to others; to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil, for the purpose of self-defense; and for the protection of persons or property. Any such acts, as above, shall not be construed to constitute corporal punishment within the meaning and intendment of N.J.S.A. 18A:6-1. “Physical restraint” means holding a pupil or otherwise restricting his/her movements. Physical restraint shall include the use of specific, planned techniques and shall only be used with reasonable limitations by school staff members who shall receive training in the use of physical restraint. Classroom and security interventions should be implemented, when possible, prior to the use of any physical restraint. The use of physical restraint shall be limited to only those circumstances and situations where other interventions are not possible or have been unsuccessful. A pupil shall be released from physical restraint immediately upon a
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determination by the school staff member administering the restraint that the pupil is no longer in imminent danger of causing harm to him/herself, others, or imminent property destruction. The Principal or designee will notify the parent/legal guardian in the event an emergency existed and physical restraint was used on their child. The pupil shall be examined by the school nurse after any physical restraint. N.J.S.A. 18A:6-1 Adopted: © 2011 Strauss Esmay Associates, LLP 1886 Hinds Road, Suite 1, Toms River, NJ 08753 ph: (732)255-1500 fax: (732)255-1502
http://www.straussesmay.com/seportal/secure/PolicyGuide.aspx?policyid=5561&search=5... 8/30/2011
Regular Board Meeting – September 27, 2011
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RESOLUTION A-4 TENAFLY EDUCATIONAL FOUNDATION BE IT RESOLVED that the Board accept with thanks and appreciation funding for the following: School & Teacher Requesting Grant High School Math Dept. (Shane Johnson) High School Music (James Millar)
Proposal
Amount
“The Settlers of Catan” #4/2011-2012 “The Class Notes, Cornell A Cappella” #5/2011-2012
$251.93 $1,100.00
SPECIAL EDUCATION RESOLUTION S-1 APPROVAL OF SUPPLEMENTAL ADDENDUM TO APRIL 2009 STIPULATION OF SETTLEMENT WHEREAS, a dispute has arisen between the Tenafly Board of Education and the parents of student #740; and WHEREAS, a proposed Supplemental Addendum to April 2009 Stipulation of Settlement has been negotiated between counsel for the Tenafly Board of Education and counsel for the parents that would fully resolve all outstanding claims, issues and disputes involving the parties; and WHEREAS, the proposed Addendum would avoid a significant expenditure of time and resources on the part of the Board and its officials that would be necessary for litigation; NOW, THEREFORE BE IT RESOLVED that the Board approves the Supplemental Addendum to April 2009 Stipulation of Settlement and authorizes Ms. Lynn Trager to execute the written Addendum. SUPPORTING DATA This student is currently placed in a program outside of the Tenafly Public School district that could better meet their educational and emotional needs. However, a dispute arose as to what was the most appropriate rate of pay for the providers of related services. The proposed settlement is for a percentage of the total cost of the provider fees saving the district both legal fees and a portion of the related services costs.
SUPPLEMENTAL ADDENDUM TO APRIL 2009 STIPULATION OF SE'ITLEMENT "Parents"), residing at ~ Tenafly, New Jersey 07670, in the County of Bergen, on behalf of their minor son, D.W.F.,
George M. Holland, Esq., of the law frrm of Lentz & Gengaro UP, appearing; the Tenafly Board ofEducation (the "Board"), located at 500 Tenafly Road, Tenafly, New Jersey 07670, in the County of Bergen, James L. Plosia, Ir., Esq., of the law firm of Apruzzese McDermott Mastro & Murphy, appearing; the parties having each filed separate Petitions for Due Process against one another in accordance with the Individuals with Disabilities Education Act 20 US.C.A §1401, et ~ and the New Jersey Regulations pertaining to same N.J.AC. 6A:14-l.1, et ~ (the "IDEA"), whose OAL Docket Numbers were as follows: EDS-12536-08 and EDS12537-08; the parties having reached a Stipulation of Settlement (hereinafter referred to as the "Prior Settlement") regarding the Cross-Petitions, which was executed and approved by the Board on April 28, 2009 and executed by the Parents on April 21, 2009; the Prior Settlement was approved by the Honorable Irnre Karaszegi, Jr., AL.I, on May 4, 2009; the parties having agreed to modifY certain terms and conditions of the Prior Settlement, (hereinafter referred to as the "Prior Addendum"); and now the parties having further agreed to modify both the Prior Settlement as well as the Addendum with this document and its terms and conditions (hereinafter referred to as this "Supplemental Addendum"):
1.
For the balance of the 2011-2012 school year, retroactive, :from July 1,2011 going forward, the Board shall fund sessions at
located in
referenced in the Prior Addendum, at an increased rate of compensation of $115.00 per hour.
1
2.
For the balance of the 2011-2012 school year, retroactive, from July 1, 2011 t,·",
.~,
gomg forward, the Board
.
, '
:hall fund supplemental 1: 1 therapy using the principles
of Applied Behavior Analysis ("ABA therapy") referenced in the Prior Settlement, at an increased rate of compensation of $50. 00 per hour for 9 hours, and $40.00 for 6 hours. 3.
The Parties shall agree that this Supplemental Addendum shall become operational only beginning retroactive, from July 1, 2011, meaning that the terms and conditions of the Prior Settlement as well as the Prior Addendum shall'only
be considered modified as of July 1, 2011 and prior to that time they remained in full force and effect and unmodified. Moreover, those terms and conditions of the Prior Settlement as well as the Prior Addendum not modified by this Supplemental Addendum shall remain in full force and effect going forward. 4.
In the event a dispute arises in the future between the parties the terms and
conditions of this Supplemental Addendum and the unmodified terms and conditions of the Prior Settlement as well as the Prior Addendum shall be considered the Stay-Put Provision in accordance with the IDEA, unless the parties enter into a subsequent agreement or IEP, altering their legal relationship. 5.
No later than 30 days after the execution oflhis Supplemental Addendum by both parties, the Board shall hold a meeting to prepare a new IEP for D.W.F., for the 2011-2012 school year, ending on June 30, 2012, which shall be consistent with the,terms and· conditions of this Supplemental Addendum and the unmodified terms and conditions of the Prior Settlement as well as the Prior Addendum. The Parents shall consent to have the IEP modified without a meeting and shall agree 2
to execute the requisite form required by the New Jersey Department of Education, Office of Special Education Programs. 6.
In consideration of all covenants set forth herein, the substance of the negotiations pertaining to this Supplemental Addendu~ and the unmodified terms and conditions ofthe Prior Settlement as well as the Prior Addendum shall be maintained in strict confidence by the Parents and the Board and shall not be disclosed to or discussed with any third party except as required by law or to implement or enforce said terms and conditions..
8.
This Supplemental Addendum and the unmodified terms and conditions of the Prior Settlement as well as the Prior Addendum represent the entire understanding between the parties and shall not be modified in whole or in part except as a mutual subsequent written and signed agreement. It is acknowledged that this Supplemental Addendum has been entered into freely, willingly and voluntarily, without duress or coercion, and with the opportunity for the parties to consult with said legal counsel and acknowledge that they were represented by competent legal counsel, they were satisfied with said legal counsel and that they all understand the contents of this Supplemental Addendum. It is also agreed that neither party is a "prevailing party" for any purpose.
9.
The Parents shall waive any and all claims against Board in connection with educational program based on events that took place up to the date of the parties' execution of this Supplemental Addendum unrelated to the obligations set forth under the Prior Settlement as wen as the Prior Addendum, including any
3
claim for reimbursement of legal fees and any and aU other costs and expenses
f ' [
9sW
f
~
:
/
through the date oftheir execution of this Supplemental Addendum. This Supplemental Addendum shall cover a time period through the 2011-2012 school year. ending on June 30, 2012. The parties agree
entitlement
to special education and related services after June 30, 2012 shall be governed by the IEP process. Consistent with the Prior Settlement as well as the Prior
Addendum, nothing in this Supplemental Addendum. or the Prior Settlement as wen as the Prior Addendum shall be interpreted to mean that the Petitioners have
waiv~ right to any special education and related services he may require in the future or to- "Stay-Put protection" in accordance with the IDEA FOR THE BOARD:
By: _ _ _ _ _ _ _ _ _ _ __ Name: Dated:._---FOR THE PARENTS:
By:
Dated:
cr{7! II
4
Regular Board Meeting – September 27, 2011
Page 11
RESOLUTION S-2 APPROVAL OF PLACEMENT 10 MONTH PROGRAM FALL 2011 BE IT RESOLVED that the Board of Education Approve the placement for the following pupils. STUDENT
SCHOOL
TYPE
TUITION
#602
Bleshman
BCSS
$65,300.00
#705
Bleshman
BCSS
$65,300.00
#430
Clearview School
Private
$48,858.00
#413
Springboard
BCSS
$51,000.00
#713
Springboard
BCSS
$51,000.00
#517
Transition Center at Wood-Ridge Transition Center at Wood-Ridge Transition Center at Wood-Ridge Visions
BCSS
$51,000.00
BCSS
$51,000.00
BCSS
$51,000.00
BCSS
$51,000.00
#507 # 153 #715
SUPPORTING DATA These students are being recommended for programs outside of the Tenafly Public School district that can better meet their educational and emotional needs. RESOLUTION S-3 APPROVAL OF TWELVE MONTH EXTENDED SCHOOL YEAR PLACEMENTS BE IT RESOLVED that the Board of Education Approve the placements for the following pupils. STUDENT #766 #741 #743 #625
SCHOOL New Alliance Academy River Edge Building Bridges River Edge Building Bridges River Edge Building Bridges
TYPE
TUITION
Private
$69,965.70
Public
$57,999.00
Public
$57,999.00
Public
$49,855.00
SUPPORTING DATA These students are being recommended for a Special Education Program outside the Tenafly Public School district which can better meet their educational and emotional needs.
Regular Board Meeting – September 27, 2011
Page 12
RESOLUTION S-4 RESCIND A PLACEMENT BE IT RESOLVED that the Board of Education Rescind the placement for the following pupil. STUDENT #763
SCHOOL New Alliance Academy
TYPE Private
TUITION Effective September 6th, 2011
SUPPORTING DATA This student is currently on home instruction as alternative placements are being considered. The original resolution was for the amount of $69,965.70.
Financial Impact of Resolutions S-2 - S-4 Total Tuition in Original Budget 2011-2012 Amount Previously Encumbered
$4,053,929,74
Balance Prior To These Resolutions
$1,609,097.26
Allocation Of Tonight’s Resolutions Balance After Tonight’s Resolutions
$651,311 $957,786.26
Regular Board Meeting – September 27, 2011
Page 13
FINANCE RESOLUTION F-1 SECRETARY’S REPORT FOR AUGUST 2011 BE IT RESOLVED that the Secretary’s report for the month of August 2011, be accepted as submitted (or amended if changes are made during the meeting) and filed in the official minutes of this meeting. Pursuant to N.J.A.C. 6A:23-2.11, we certify that as the board secretary’s monthly financial report (appropriations section) did not reflect an over expenditure in any of the major accounts or funds, and based on the appropriation balances reflected in this report and the advice of district officials, we have no reason to doubt that the district has sufficient funds available to meet its financial obligations for the remainder of the fiscal year. RESOLUTION F-2 TREASURER’S REPORT FOR AUGUST 2011 BE IT RESOLVED that the Treasurer’s report for the month of August 2011, be accepted as submitted and filed in the official minutes of this meeting. RESOLUTION F-3 DESIGNATION OF DEPOSITORIES BE IT RESOLVED that the Board of Education hereby designate the following listed bank as depositories for funds of the Board of Education and Tenafly schools; that the indicated accounts be authorized, and that the designated school officials be approved as the signatories for each account and the designated depositories of funds and school officials will serve at the pleasure of the Board. CAPITAL ONE, N.A. ACCOUNT General (Board)
TYPE Checking
NUMBER 7047888152
Net Payroll (Board)
Checking
7047888160
Petty Cash Account (Board) School General (Board) Student Organization (Middle School)
Checking
7047888179
Checking
7047888187
Checking
7047888233
Unemployment Acct. (Board)
Checking
7047888241
SIGNATURE (3 of 4): Board Pres. or Vice Pres. Board Secretary School Treasurer (2): School Treasurer Board Secretary (2): Board Secretary Senior Accountant (2): Board Secretary or Senior Accountant (2 of 4): M.S. Principal or Vice Principal/ and M.S. Prin. Secretary or M.S. (Bookkeeper) (2): School Treasurer Board Secretary
Regular Board Meeting – September 27, 2011
Page 14
Cafeteria (Board)
Checking
7047888195
(2): Board Secretary Senior Accountant
T. E. F. (Board)
Checking
7047888209
(2): Board Secretary Senior Accountant
Special Projects (Board)
Checking
7047888217
(2): Board Secretary Senior Accountant
Student Organization (High School)
Checking
7047888268
Class (High School)
Checking
7047888276
Capital Reserve (Board)
Checking
7047888225
(2 of 4): H.S. Principal or Vice Principal/ and H.S. Bookkeeper or Prin. Secretary (2 of 4): H.S. Principal or Vice Principal/ and H.S. Bookkeeper or Prin. Secretary (2): Board Secretary Senior Accountant
Extra-Curricular Fee Account (Board)
Checking
7047888284
(2 of 4): Board Secretary or Supt./ and Senior Accountant or School Treasurer
Athletic Account
Checking
7047888292
(2 of 5): H.S. Principal or Vice Principal, or Board Secretary, or Supervisor of Athletics, or Athletic Sec’y
Checking
7047895736
(2 of 4) Board Secretary or Board President, or Board Vice President and School Treasurer
(High School)
Compensating Balance Account
SUPPORTING DATA As a result of changing from T.D. Bank to Capital One Bank, the account numbers have changed.
Regular Board Meeting – September 27, 2011
Page 15
RESOLUTION F-4 ACKNOWLEDGEMENT OF BOARD’S INTENTION TO ACCEPT GIFTS BE IT RESOLVED that the Board of Education acknowledges by formal resolution its acceptance with gratitude the potential gifts that will provide artificial turf for Geissinger Field for the benefit of Tenafly students and residents of Tenafly with all costs associated with its construction and installation including insurance coverage, to be paid by fundraising outside of the General or other Funds associated with school district budget. RESOLUTION F-5 REVISE PORTION OF RESOLUTION F-9 OF AUGUST 30, 2011, AGREEMENT FOR NON-PUBLIC NURSING SERVICES WITH BERGEN COUNTY DEPT OF HEALTH SERVICES FOR THE 2011-2012 SCHOOL YEAR FOR LUBAVITCH ON THE PALISADES BE IT RESOLVED that the Board of Education accepts the funds and approves the agreement with the Bergen County Department of Health Services to provide non-public nursing and related services to eligible students for the following schools as stipulated in PL. 1991, Chapter 226: Lubavitch on the Palisades BE IT FURTHER RESOLVED that The Tenafly Board of Education will pay the nurses employed in the NP schools listed below following the federal, county and local regulations governing said employment in accordance with Senate Bill #851 regarding a criminal history background check: Name and Position Elaine Gilboa Nurse
NP School Lubavitch on the Palisades
Hourly Pay $25 per hr.
SUPPORTING DATA Lubavitch decided to hire their own nurse instead of using the Bergen County Special Services nurse. See attached. RESOLUTION F-6 APPROVE SHARED SERVICES AGREEMENT WITH CRESSKILL BOARD OF EDUCATION FOR INFORMATION TECHNOLOGY SUPPORT Approve shared services agreement with Cresskill Board of Education for Information Technology support services from October 3, 2011 to June 30, 2012. (Contract is on file in the Business Office) SUPPORTING DATA Tenafly will provide to Cresskill the equivalent of one technician two days per week at a rate of $275 per hour.
Regular Board Meeting – September 27, 2011
Page 16
RESOLUTION F-7 APPROVAL TO RENEW TRANSPORTATION CONTRACT FOR JOHN LECKIE, INC. FOR 2011-2012 SCHOOL YEAR BE IT RESOLVED that the Board of Education approves renewing a contract for the following transportation for the 2011-2012 school year to John Leckie, Inc., 395 South River Street, Hackensack, NJ 07601; at an increase of 1.23%. PUBLIC ROUTE NO.
TO
COST OF ROUTE
BA-09
Bergen Academy
$18,466.20
PUBLIC ROUTE NO.
TO
COST OF ROUTE
T-2
Tenafly High School
$14,682.60
PUBLIC ROUTE NO.
TO
COST OF ROUTE
NP-13
Solomon Schechter
$44,733.60
RESOLUTION F-8 APPROVAL FOR THE RENEWAL OF TRANSPORTATION CONTRACT TO FIRST STUDENT, INC. FOR 2011-2012 SCHOOL YEAR BE IT RESOLVED that the Board of Education approves the renewal contract for the following transportation for the 2011-12 school year to First Student, Inc.,170 South Dean Street, Englewood, N.J. 0763l; at an increase of 1.23%. PUBLIC ROUTE NO.
TO
COST OF ROUTE
NC-1
Nature Center
$132.87 per trip
SO-1
Elem. Schools/Middle School
$92.97 per trip
PUBLIC ROUTE NO.
TO
COST OF ROUTE
T-1
Tenafly Middle School
$29,361.60
RESOLUTION F-9 APPROVAL OF TRANSPORTATION AGREEMENT WITH ENGLEWOOD BOARD OF EDUCATION FOR 2011-2012 BE IT RESOLVED THAT THE Board of Education approves the cost of transportation to Teterboro Tech, Teterboro, NJ for the following student for the 2011-2012 school year. The cost of transportation has now been established. Route No. Englewood BOE will pick up student
Student #150265
School Teterboro Tech
Cost Cost of transportation is $13.25 per diem
SUPPORTING DATA Transportation is required for one student attending the Teterboro Tech public school.
Regular Board Meeting – September 27, 2011
Page 17
RESOLUTION F-10 APPROVAL TO APPOINT THE DISTRICT INDOOR AIR QUALITY DESIGNATED PERSON FOR THE 2011-2012 SCHOOL YEAR BE IT RESOLVED that the Board appoints Mr. Vincent Benenati as the Indoor Air Quality Designated Person for the 2011-2012 school year. SUPPORTING DATA Vinnie has attended and completed the training for this required program. RESOLUTION F- 11 APPROVAL TO DESIGNATE THE DISTRICT INTEGRATED PEST MANAGEMENT COORDINATOR FOR THE 2011-2012 SCHOOL YEAR BE IT RESOLVED that the Board of Education approves Mr. Vincent Benenati to serve as the district’s Integrated Pest Management Coordinator for the period of July 1, 2011 to June 30, 2012. Services are provided by Alliance Commercial Pest Control, Inc. SUPPORTING DATA All districts are required to have a coordinator as part of the New Jersey Pest Management Act of 2002.
RESOLUTION F-12 APPROVAL OF DISTRICT TRAVEL AND WORK-RELATED EXPENSE REIMBURSEMENT WHEREAS, in order to be in compliance with the State of New Jersey’s adoption of P.L. 2007, c.53, An Act Concerning School District Accountability, also known as Assembly Bill 5 (A5), and the NJDOE enactment of N.J.A.C.6A:23B-1; and WHEREAS, those on the attached list are attending the administratively approved conferences, conventions, staff training sessions, seminars, or workshops; and WHEREAS, the total expected cost of such conferences, conventions, staff training sessions, seminars, or workshops has been provided; and WHEREAS, the attendance at the stated function was previously approved by the Superintendent of Schools through the appropriate administrator(s) as work related and within the scope of the work responsibilities of the attendee; and WHEREAS, the attendance at the function(s) was approved as promoting delivery of instruction or furthering efficient operation of the school district, and fiscally prudent; and WHEREAS, the travel and related expenses particular to attendance at the function(s) may exceed the state travel guidelines established by the Department of Treasury in NJOMB circular letter; BE IT RESOLVED, that the Tenafly Board of Education approves attendance at the administratively approved function(s) as necessary, and BE IT FURTHER RESOLVED, that those expenses that appear on the attached form titled “TRAVEL AND WORK-RELATED EXPENSE REIMBURSEMENTS” for lodging, meals and gratuities are within the limits of the State travel reimbursement guidelines and
Regular Board Meeting – September 27, 2011
Page 18
are justified and reimbursable upon submission of the required receipts up to the current established limits as specified in the General Services Administration website, with any additional costs for lodging, meals and gratuities expenses above those established limits to be personally borne by the attendee(s). SUPPORTING DATA This is a requirement of the law enacted on March 15, 2007.
