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A G E N D A

Durham Public Schools Board of Education Operational Services & Policy Work Session

September 10, 2015 Fuller Administration Building, 511 Cleveland Street, Durham, NC

1. Call to Order

2. Moment of Silence

3. Agenda Review and Approval (5 min.)

4. Operational Services & Policy Work Session Meeting Minutes (5 min.)

• August 13, 2015

5. Public Comment (10 min.)

6. Superintendent a. District Operational Initiatives (25 min.) 7. Operational Services a. Annual Capital Outlay Overview (10 min.) b. Recycling & Energy Overview (15 min.) c. Overview of School Nutrition Program Budget (15 min.) d. Technology Equipment Refresh Plan (15 min.) 8. Policy Updates a. Policy Series 2100 – Board Members – First Reading (45 min.) 9. Follow-Up Items (5 min.) 10. Adjournment 2 Hrs. 30 min.

Date: September 10, 2015

Durham Public Schools

Operational Services & Policy Work Session PRECIS

Agenda Item: Operational Services & Policy Work Session Meeting Minutes

Staff Liaison Present: Phone#:

Main Points: Administration is presenting the attached draft meeting minutes for consideration and approval:

• August 13, 2015 Fiscal Implications:

• None Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney _________

MINUTES

Operational Services & Policy Work Session Durham Public Schools Board of Education

August 13, 2015

The Operational Services and Policy Work Session of the Durham Public Schools Board of Education held a meeting on Thursday, August 13, 2015 at 4:00 p.m. in the Board Room of the Fuller Building, 511 Cleveland Street, Durham, NC. Board Members Present Heidi Carter, Chair; Mike Lee; Vice-Chair, Minnie Forte- Brown, Matt Sears, and Natalie Beyer. Administrators Present Dr. Bert L’Homme, Superintendent; Hugh Osteen, Deputy Superintendent of Operational Services; Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Scott Denton, Assistant Superintendent of Auxiliary Services; Aaron Beaulieu; Chief Financial Officer; Debbie Pitman, Assistant Superintendent of Student, Family & Community Services; Tom Crabtree, Assistant Superintendent of Human Resources; Elaine Batten; Director of Information Technology; Marlon Watson, Director of Transportation; Chrissy Deal, Chief Communications Officer; and Chip Sudderth, Director of Public Information. Attorney Present Ken Soo Call to Order/Moment of Silence Chair Carter called the meeting to order and a moment of silence was observed. Agenda Review and Approval The agenda was approved by common consent. Minutes Review Mr. Sears made a motion to approve the June 15, 2015 minutes; seconded by Ms. Beyer. The motion was adopted. Public Comment Wanda Boone - Founder of Together for Resilient Youth (TRY) shared information regarding her programs; Band Against Destructive Decisions (BADD) and Real Talk. Ms. Boone encouraged the public to attend. Marcus Williams - A former Northern High School student shared information regarding energy drinks and possible health risks associated with energy drinks. Melody Peters - Representing a small group of parents regarding the 2016-17 Bell Schedule; shared support of lengthening the school day to seven hours for all schools.

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Resolution in Support of High School Voter Registration Ms. Carter shared a resolution in support of high school voter registration. She indicated that the resolution states that every high school shall make voter application forms available to students and others eligible to register to vote. It was noted that the resolution will also require every school library to keep a supply of voter registration forms available for those eligible to register to vote. The Board had a discussion. Mr. Lee made a motion to place this item on the agenda for action; seconded by Ms. Forte-Brown; motion passed unanimously. Budget Amendment #3 (2014-2015) Mr. Beaulieu provided an update on the status of the final budget amendment for the 2014-15 school year. He summarized that the district has spent approximately $12 million dollars out of the fund balance account. Mr. Beaulieu shared that the district is currently operating under some uncertainty until the state approves the budget for the 2015-2016 school year. The Board had a discussion. Mr. Sears made a motion to place this item on the consent agenda; seconded by Ms. Beyer; motion passed unanimously. Revised Policy 5430 – Non - Renewal of Teachers on Renewable Contracts Mr. Crabtree indicated that Policy 5430 is being presented to assure teachers who have shown proficiency over a continuous period of time (three years) earn due process rights. The Board had a discussion. Ms. Beyer made a motion to place this time on the consent agenda; seconded by Mr. Lee; motion passed unanimously. Board Policy Series 2000 Adoption-First Reading Dr. Pitman led the discussion on the subset of policies from Series 2000. The Board had a discussion and the following motions were recommended:

• Policy 2200-Election of Officers/Organization of the Board - Ms. Beyer made a motion to place this item on the consent agenda; seconded by Mr. Sears; motion passed unanimously.

• Policy 2330-Board Meeting Agenda- Ms. Beyer made a motion to place this item on the consent agenda; seconded by Ms. Forte-Brown; motion passed unanimously.

• Policy 2342-Voting Methods- Ms. Beyer made a motion to place this item on the consent agenda; seconded by Mr. Sears; motion passed unanimously.

• Policy 2230-Board Committees- Mr. Lee made a motion to place this item on the consent agenda; seconded by Ms. Beyer; motion passed unanimously.

• Policy 2235- Board Work Sessions- Mr. Sears made a motion to place this item on the consent agenda; seconded by Ms. Beyer; motion passed unanimously.

Insurance Renewals and Program Overview Mr. Denton provided an overview of the insurance renewals and program. He shared that Durham Public Schools experienced an overall 6.9% increase in insurance for the 2015-16 fiscal year. Mr. Denton indicated that cost increases were due to the number of claims. He indicated that Risk Management continues to seek ways to improve the Risk Management program by

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working to reduce exposures in the work/school environment. Mr. Denton stated that this item was presented for information only. Annual Security Contracts Ms. Ingram shared the following annual security contracts for review and approval:

• Durham County Sheriff’s Office Security Liaison Officer (SLO) • Durham County Sheriff’s Office School Resource Officer (SRO) • North Carolina Detective Agency (NCDA) Burglar Alarm Response

It was noted that there was an impasse regarding the Lunsford Act (a law that requires school employees or contract workers to not be listed on sexual offender registries) and the SLO and SRO agreements. The Board had a discussion. Ms. Beyer made a motion to place the annual security contracts on the consent agenda with the inclusion of the Lunsford Act; seconded by Mr. Lee; motion passed unanimously. Information Technology-SmartNet Warranty & Maintenance Ms. Batten stated that the Information and Technology Department secures warranty, maintenance and support for Cisco SmartNet Maintenance Services. She shared that Durham Public Schools published an invitation for bids for the best prices. Ms. Batten indicated that the best value is a one-year contract with Presidio Network Solutions Inc. for $262,724.35. The Board had a discussion. Mr. Sears made a motion to place this item on the consent agenda; seconded by Mr. Lee; motion passed unanimously. 2016-2017 Bell Schedule Proposals Mr. Denton shared that at the June 25, 2015 board meeting, a request was made for the administration to bring the Bell Schedule proposals back to the August 13, 2015 work session for further discussion. The Board had a discussion. Much of the discussion centered on concerns for younger children waiting for buses in the dark and arriving home in the afternoon to empty houses due to earlier start times. Board members agreed that Option 3B - School day lengthened to 7 hours for all schools may be the best option in assisting to reach the district’s goal to have a later start time for most high school students. Mr. Sears made a motion to place this item on the agenda for action; seconded by Ms. Forte-Brown; motion passed unanimously. The meeting adjourned at 6:30 pm. Follow Up Items:

• Child Nutrition Fund Balance Overview • Duties of Off-Duty Officers

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_______________________________________________ Heidi Carter, Committee Chair

________________________________________________ Hugh Osteen, Deputy Superintendent of Operational Services

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Agenda Item: District Operational Initiatives

Staff Liaison Present: Dr. Bert L’Homme Phone#: 560-3749 Hugh Osteen 560-3831

Main Points:

• The administration will provide an overview of district operational initiatives.

• All initiatives support the operation of the system which in turn supports instructional initiatives and outcomes.

• Administration submits this overview for information.

Fiscal Implications:

• Fiscal impacts vary for each initiative. Purpose



District Operational Initiatives Operational Services and Policy Work Session

September 10, 2015

Hugh Osteen

Deputy Superintendent Operational Services

Superintendent’s Goals

Increase Student

Achievement

Decrease Suspension

Increase Graduation

Decrease Dropouts

• School Bell Times • “Here Comes the Bus” App • School Bus Camera Additions and Upgrades • Little River K-8 School - 6th Grade • Bus Driver Payroll – Twice Per Month • Capital Project Implementation

• Bond Referendum Planning • Design of New Elementary School “C” • Middle School Furniture Acquisition • GIS Analysis Project • Summer Painting Plans and Cycle • Creation of Coordinator of Energy and

Sustainability

• Recycling Program • Energy Saving Measures • HUB Farm Support • Teacher Recruitment Efforts • HR Staff Area Alignment • Streamlined Hiring Process for AP’s

• Improved Budget Reporting • Reorganization of Risk Management • AED Devices • Environmental Safety Monitoring • De-escalation Training for Central Office Staff • CERT Team and Safety Drill Tracking

• Community Eligibility for Ten Schools • New Equipment for School Kitchens • Meal Plus Payroll Implementation • Meal Price Update • Summer Feeding Program • Fresh Fruit and Vegetable Grants

• United Way Grant • NCDPI Administrative Review • Catering Services to Charter Schools • AS400 Migration • CTE Computers Repurposed • BYDS at Lucas Middle

• School Messenger Implementation • Board Room AV Upgrade • Staff Development Center Upgrades • Active Directory Project Migration • Annual Technology Refresh

• NCDPI Audit of Technology Dept. • E-Rate Projects • Security System Upgrades and Expansion

Questions




Agenda Item: Annual Capital Outlay Overview

Staff Liaison Present: Hugh Osteen Phone#: 560-3831

Main Points:

• Each fiscal year, the Board of Education’s budget includes a local appropriation of capital funds (not bond funds). Recent funding levels have been $1.37 million per year. These funds support three primary areas – 1) building improvements, 2) furnishings and equipment, and 3) fleet.

• Additional miscellaneous capital funds exist as well. These include lease revenue, school proffers and more.

• Administration will discuss how funding will be used for 2015-16 fiscal school year. Administration submits this overview for information. Fiscal Implications:

• Capital funds support our system infrastructure. Purpose



Annual Capital Outlay Overview Operational Services and Policy Work Session

September 10, 2015

Hugh Osteen Deputy Superintendent

Operational Services

School Furniture: $200,000

• Distribute on ADM Basis ($5.00 +/ Student) • Consider Adding Miscellaneous Capital

to Meet $10/ Student

Activity Buses: $90,000

• One New Activity Bus

Fleet Replacement: $70,000

• Vans, Trucks, Cars (Three Units for Maintenance) 4WD

Operational Equipment: $25,000

• Mowers and Heavy Equipment - Two Snow Plow Blades $10,000 - One Mower for Grounds $15,000

Asphalt Upgrades: $30,000

• Maintaining, Sealing and Restriping (An allowance for repairs)

Environmental Remediation : $30,000

• Maintenance of ACBM in Place; IAQ (An Allowance for Repairs)

Flooring Replacement: $90,000

• Carpeting, Tile and Related Surfaces - Spaulding Auditorium/ACBM $24,000 - Bethesda Lounge (A6, C14, E13, G3) 12,000 - Holt (103C, 207C, 209C) 7,000 - Eastway (401A, 401B, 501, 503) 10,000 - Oak Grove (Media) 3,000 - Contingency 34,000

HVAC Systems and Components: $150,000

• Replacing Systems and Large Equipment - Spaulding Gym HVAC –New $ 85,000 - Forest View –Control Upgrade 30,000 - Glenn- Control Upgrade 30,000 - Contingency 5,000

Painting Projects: $150,000 • Contracted Projects as Needed - Fayetteville St. $4,000 - Spaulding 2,500 - Merrick Moore 9,000 - Southwest 7,000 - Carrington 4,000 - Easley 2,500 - Spaulding-Waterproofing 43,000 - Contingency Remaining 78,000

Roofing: $50,000

• Strategic Repairs - Southwest Repair $20,000 - An Allowance for Repairs 30,000

Security/Fire/Intercom Systems: $200,000

• Cameras, Alarms, and Related Equipment - 13 ES, # MS, # HS Fire Alarm Notifiers $ 20,000 - Lakeview Camera and Door Access 33,000 - Maint/Transp. Camera Upgrade 50,000 - Bethesda Camera Upgrade 43,000 - Club Blvd. Door Access 4,000 - Creekside Door Access 9,000 - Forest View Door Access 2,000 - Githens Door Access 3,000 - Contingency 36,000

Mobile Classroom Relocations: $150,000

• Relocations for Enrollment/Capacity - 5 from Neal $75,000 - 2 to Creekside 50,000 - Contingency 25,000

Program/Site Renovation: $135,000

• Unforseen Programmatic/Dept. Changes - An Allowance $135,000

Other Capital Funds:

• School Proffers • $300,000 To Be Spent This Year: - Landscape Projects - Repair Mobiles - Athletic Facilities

Other Capital Funds:

- Cellular Leases - Miscellaneous

Questions


Durham Public Schools Operational Services & Policy Work Session

PRECIS

Agenda Item: Recycling and Energy Overview

Staff Liaison Present: Hugh Osteen Phone#: 560-3831 Brian Callaway 560-3827

Main Points:

• The recycling program is launching as the “Toss It Right” campaign• Environmental Champions have been requested from schools as recycling contacts• Hillside High gymnasium LED lighting project is a success story• Burton Elementary will be the first school with a large-scale LED lighting upgrade• Total energy-related savings FY14-15: $79,553.30


Increasing recycling rates marginally lowers solid waste costs. Energy conservation programs and efficiency projects can significantly lower operating costs and benefit the learning environment.

Purpose



Durham Public Schools Energy and Sustainability Report As of August 31, 2015

Overview:

In the fall of 2014, the position of Coordinator of Energy and Sustainability was approved and filled by Mr. Brian Callaway. Mr. Callaway started on November 10, 2014. As expected, some time was required to learn the system, infrastructure, practices and procedures already existing. One of the key requirements of the Coordinator position was to save at least the cost of the position in annual savings. The primary focal points of the work are energy savings and recycling, though many other related issues will be addressed as well.

The following data is provided to reveal how much energy savings have been achieved in the last half of the 2014-15 fiscal year and the start of the new fiscal year. Also listed on the next pages are the recycling plan and a vision for creating and sustaining an active and robust recycling program.

All in all, this position has added great value to the school system and Mr. Callaway has become a positive representative to others both inside and outside of DPS.

Savings Achieved November 2014 through June 2015: Savings/Avoided Costs

Service contract renegotiation $ 58,416.00 Automation settings adjusted at Spring Valley $ 16,886.60 Water bill adjustments $ 3,050.70 Software subscription cancellation $ 1,200.00 TOTAL $ 79,553.30

Savings Identified for FY2015-16: Savings/Avoided Costs

Duke Energy rate opt-out $ 24,778.19 Service contract renegotiation $ 11,767.00 Hillside High gym lighting $ 11,591.49 Software subscription cancellations $ 6,050.00 Hamlin Road lighting $ 5,534.04 TOTAL $ 59,720.72

Reinvigorating the DPS Recycling Program

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Brian Callaway

Coordinator of Energy and Sustainability


The Vision

Durham Public Schools seeks to reinvigorate its recycling program. We have new bins. We have new focus. We have new strategy. We are now ready to launch, but we will first rebrand the program to both evolve from our past efforts and to unite under a single banner. This document outlines our plan to rebrand and reinvigorate the DPS recycling program.

DPS recycling has been operating as a highly decentralized program with school participation levels varying widely and details of the program being misconstrued by many. By rebranding and giving the program a name, we hope to build a renewed awareness and also to signify that there is a combined, district-wide approach to recycling. At the same time, we will harness the strengths we have already encountered from a distributed recycling network and rely on a network of staff “recycling champions” (to be renamed as “Environmental Champions”) in each school. We have seen a tremendous amount of innovation throughout the district, as passionate staff have found ways to succeed with their schools’ recycling efforts even with limited support. The Coordinator of Energy and Sustainability will:

1) Disseminate accurate information to Environmental Champions about recycling2) Expand the capacity of our Environmental Champions by providing program materials

that are ready for use (PowerPoints for staff meetings, flyers for bin labeling, marketingmaterials and ideas, etc.)

3) Provide a space for encouragement and inspiration for Environmental Champions (andothers interested in recycling topics) by issuing a monthly digital newsletter with successstories from around the district

4) As needed, facilitate special event planning and major support issues such as specialpresentations, workshops, elementary assemblies, field trips, and best practicesmanuals for expanding recycling in key sectors (classroom, lunchroom, and athletics)

Environmental Champions are the lifeblood of the program. They are the volunteers that labor to make the program work across 55 sites. Environmental Champions will:

1) Communicate and relay recycling program information and direction to other staff2) Team with students, student groups, other faculty, and volunteers to adopt and

implement recycling goals (suggestions of goals will be supplied in September)3) Coordinate school-wide recycling collection either with student groups or as a liaison

with the custodial crews4) Report any successes, innovations, complexities or struggles to the program coordinator5) Attend three meetings: a kickoff workshop, grade-level strategy meeting (elementary,

middle, high) and end-of-the-year celebration with other Environmental Champions6) Provide school-level assistance with the energy conservation program

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The Brand

A revitalized campaign benefits from having a name. By giving the recycling program a name, we give it a new identity and a fresh start. Wake County Public School System calls their recycling program “Feed the Bin,” a name that is instructive and cute, has some identifiable affiliation with recycling topics, and has plenty of marketing opportunities. Also with the potential for a wide assortment of fun advertising campaigns and multiple positive meanings, the DPS recycling program has adopted the name “Toss It Right.” Don’t put recyclables in the wrong bin, “Toss It Right.” Do the right thing for the planet, “Toss It Right.” Toss that bottle in the recycling bin—it’s the blue one on the right: literally “Toss It Right.”

By rebranding as “Toss It Right,” student groups can be asked to visit every classroom and every space to check that the recycling bins are on the right side of the trash can. Regardless of whether or not the two receptacles are exactly co-located, this brings heightened awareness to the location of the bins in each room and allows us to inventory the bins once again. The advertising potential is the fun part though. Imagine on the left side of a poster, an action photo of one of the school’s volleyball players saying, “I spike it right.” And the right side of the poster her recycling a bottle, “And I Toss It Right too!” Or imagine a 15-second video advertisement of a high school principal playing one-on-one basketball against one of his star players. The principal gets blocked and then has the ball stolen. “I used to have some left… [flash to him shooting a bottle into the recycle bin]… but I can still Toss It Right!”

The Challenges

It would be naive and shortsighted not to expand on some of the challenges facing this model. There are three main complications:

1) Participation from all schools and all principals2) Participation from Service Solutions and any subcontracted custodians3) Jumpstarting a recycling program takes a lot of work

Recycling can easily be considered “one more thing” if it is not embraced by a principal. Past campaigns to name recycling champions at schools have been met with response rates from principals ranging from 30-60%. Our goal is that 100% of schools name an Environmental Champion. Although a mandate to principals from upper-level administration is helpful, there may be an ability to draw on the sixth role of the Environmental Champion and use a carrot for principals: energy efficiency projects like new LED lighting will be developed through the Environmental Champion at each school—so name a champion to be considered.

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Our custodial contractors are a crucial piece of the equation. In many schools they are the gatherers of the collected recycled material, yet there have been widespread reports for years about custodians have been instructed to dump classroom recycle bins into the same trash can as other waste. There have also been reports of custodians depositing large bags of recyclables into the waste dumpsters because the recycling dumpster is farther away in the parking lot. There have also been cases where classroom recycling bins have been rounded-up and hidden in storage closets. In order to successfully expand the recycling program, it will be necessary to resolve these and any similar issues.

It is worth pointing out that jumpstarting a district-wide recycling program is a significant task that cannot be accomplished in one semester (or even one year) and certainly not by just one person. The Environmental Champions will play a critical role and the Durham County Waste Reduction Supervisor could as well. There are some exciting sources of additional support though: the City/County Sustainability Office has offered to pay for a Duke University student intern this year. Additionally, it is a goal to launch a “Recycling Ambassadors” program later this year to seek some waste-conscious community volunteers to join the DPS recycling effort.

The Opportunities

The recycling program has an exciting opportunity to give every student in DPS the true sense that they are contributing a piece towards something positive and something bigger. It is also true that it costs DPS half as much to recycle material as it would to throw items in the trash. Although our financial savings are somewhat limited (we only spend about $300,000 annually on our solid waste and recycling collection), the broader community stands to benefit the most. If DPS can teach a generation of Durhamites the value of recycling, the City and County solid waste budgets should be positively impacted by higher community recycling rates and decreased waste costs. As our students become more waste-conscious, they become more respectful of their interactions with the world around them and the generations that follow. As a result, the circle that we live on becomes a bit more sustainable.

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Net Project Cost:

$19,026.23

Annual Savings:

$11,591.49

Simple Payback:

1.64 years

Net Present Value for Warranty Period:

$99,898.18

New LED lighting created dramatically improved lighting levels inside both the main gym and the auxiliary gym at Hillside High School—and the new lights use 47% less energy than the conventional system they replaced! LEDs are more efficient at light production which means they do not emit nearly as much heat as the former metal halide lamps. LED lighting also does not need a 10-minute warm-up period: at the flip of the switch they are on instantly.

The fixtures installed were the newest gymnasium light produced by Cree, which is headquartered right here in Durham. With a 10-year warranty and expected lifespan of over 100,000 hours of operation, installing these lights should be the last time DPS Electrician Anthony Martin has to venture into the rafters. Maintenance savings alone are expected to more than pay for the cost of these fixtures over their lifetime. Factoring in energy savings means DPS will net nearly $100,000 in total benefit within the 10-year warranty period.

Upon seeing the new lighting installed in the gyms, Hillside High Coach Ovester Grays exclaimed, “Man, this is unbelievable!” Hopefully, Coach Grays can make the same statement after Hillside claims two State Championships in basketball this season under their new lights.

LED Gymnasium Light Project Hillside High School

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Agenda Item: Overview of School Nutrition Program Budget

Staff Liaison Present: Scott Denton Phone # 560-3822 James Keaten 560-2370

Main Points:

• School Nutrition reported a loss for the fiscal year ending June 30, 2015. Funding from the program’s own fund balance was used to cover the operating loss.

• This financial loss will be reported as an audit exception on the 2014-15 audit report.

• This update provides information for the board on the status of the School Nutrition fund,

including budget projections and reduction strategies for the 2015-16 fiscal year.

Administration submits this item for information. Fiscal Implications: School Nutrition fund balance in the amount of $700,000 was used to cover operating losses during the 2014-15 fiscal year. Purpose


Reviewed by: Finance AB Attorney ___

September 10, 2015

School Nutrition Services Recap of 2014-15 Fiscal Year Budget

DPS’ School Nutrition Services budget was impacted in multiple ways during the 2014-15 school year. Although numerous schools benefitted from the purchase of much needed new equipment and multiple grants allowed for expansion of several key food service programs, the impact of wintry weather combined with the expansion of programs, an increase in food costs and the purchase of equipment made the fiscal year more challenging than expected.

Budget Summary Comparison Revenue 2014-15 2015-16

Sales & Use Tax $11,561.99 $0.00 USDA Grants $14,155,034.67 $14,848,538.00 Cash Sales, State Reimbursements and Sales Tax $1,809,775.80 $2,038,090.00 Interest and Miscellaneous Income $16,200.77 $15,000.00 Fund Balance Appropriated $1,425,000.00 $0.00 Subtotal $17,417,573.23 $16,901,628.00

Expenses 2014-15 2015-16 Salaries $5,792,004.91 $5,756,840.00 Employee Benefits $2,408,870.08 $2,510,800.00 Administrative Expenses & Indirect Costs $955,176.40 $995,610.00 Food, Supplies and Equipment $8,031,980.08 $7,538,378.00 Capitalized Equipment & Depreciation $144,712.83 $100,000.00 Subtotal $17,332,744.30 $16,901,628.00

Fund Balance Appropriated: $1,425,000 ($725k for Equipment; $700k in Operating Loss)

The use of $1,425,000 in fund balance reduced School Nutrition reserves to $1.7 million, the required minimum level of fund balance for a district the size of DPS. Therefore, it is important that School Nutrition manage finances closely during 2015-16 to avoid further erosion on fund balance. Strategies for addressing School Nutrition efficiency during 2015-16 include cutting losses at schools where labor costs are high, reduction of “food court” stations at high schools, and increasing catering to small school sites. Further, School Nutrition Services is now serving meals at two Durham - based charter schools in an effort to increase operating revenues and efficiency. These strategies should help to close the gap on the bottom line significantly.

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Agenda Item: Technology Equipment Refresh Plan

Staff Liaison Present: Scott Denton Phone # 560-3822 Elaine Batten 560-2654

Main Points:

• The 2015-16 Technology Equipment Refresh budget has $932,787 available for addressing teacher and student device replacement. Expenditures focus on student devices to support online testing needs and replacement of teacher laptops that are more than 5 years old.

• Administration requests approval for expending the entire $932,787 budget based on the needs outlined in the attached executive summary.

Administration submits this item for discussion and subsequent approval. Fiscal Implications: The 2015-16 budget supports this equipment refresher plan. Purpose


Reviewed by: Finance __________ Attorney __________

September, 2015

Information Technology

Executive Summary for 2015-16 Technology Equipment Refresh Plan

This amount budgeted for the 2015-16 Equipment Refresh Plan is $932,787.

The budget will be allocated based on the following priorities:

• Student Chromebooks (1500): $529,170 • Chromebook carts (50): $32,065 • Faculty laptops (242): $273,000 (Estimated – Verification process underway) • Brightlink Maintenance: $54,196 • Peripherals (Mice, Keyboard Replacement, Monitors): $14,356 • Contingency for emergency equipment issues: $30,000

Discussion with DPS senior staff, Area Superintendents and IT management yielded a decision to focus first on student computer devices as the number one priority for this year’s annual technology refresh. This year’s refresh dollars will provide one class set of 30 Chromebooks and one charging cart for every school that does not have 1:1 technology. In addition to supporting on-line testing, the devices will be used in each school to assist teaching and learning.

Dollars will also be spent on the second identified priority of updating faculty computers that are greater than five years old. Remaining funds will be expended as shown above.

IT posted an Invitation for Bid 179-1516-09-IT to solicit proposals for Chromebooks and storage carts. Fourteen bidders responded to the Chromebook portion of the bid. Nineteen bidders responded to the cart portion of the bid.

IT recommends awarding the Chromebook component of IFB 179-1516-09-IT to Dell at a total cost of $529,170 (1,500 Chromebooks at a cost of $352.78 per device, including tax).

• The Dell device was selected based on durability, the vendor’s ability to provide technical support and additional accidental damage protection warranty at a cost of $10 per year per machine.

IT recommends awarding the cart component of IFB 179-1516-09-IT to Camcor for a total cost of $32,065.00 (50 carts at a cost of $641.30 per cart, including tax). Camcor was the lowest bidder.

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Agenda Item: Policy Series 2100 - Board Members - First Reading

Staff Liaison Present: Hugh Osteen Phone: (919) 560-3831 Dr. Deborah Pitman (919) 560-2554

Main Points:

• The administration presents the policies from Series 2100 - Board Members for first reading:

Policy 2100 – Board Member Legal Status Policy 2110 – Board Member Elections Policy 2115 – Unexpired Term Fulfillment Policy 2116 – Removal from Office Policy 2120 – Code of Ethics for School Board Members Policy 2121 – Board Member Conflict of Interest Policy 2122 – Role of Board Members in Handling Complaints Policy 2123 – Board Member Opportunities for Development Policy 2125/7315 – Confidential Information Policy 2130 – Board Member Compensation and Expenses Policy 2140/7610 – Defense of Board Members and Employees

• The following material is provided to assist with the discussion:

o Correlation Table for Section 2100 which includes the (1) Draft Policy Number, (2) Draft Policy Title, (3) Current Policy Number, and (4) Notes for Consideration.

o Current DPS policies that are referenced in the Correlation Table to assist with tracking changes.

o Plan for Consolidation and Merger adopted by the Durham County Board of Commissioners.

• The administration is presenting these policies for discussion and subsequent approval.


• None

Purpose


Reviewed by: Finance ___ Attorney _NCSBA_

Policy Series 2100 – Board Members

Operational Services and Policy Work Session September 10, 2015

Dr. Debbie Pitman Assistant Superintendent

Student, Family and Community Services

POLICY SERIES 2000 – 7 MAJOR SECTIONS I. 2000 Board Operations II. 2100 Board Members III. 2200 Officers and Committees IV. 2300 Board Meetings V. 2400 Board Policies VI. 2500 Board Hearings VII.2600 Board Consultants and Liaisons

Section 2100 Board Members – List of Policies Policy 2100 Board Member Legal Status Policy 2110 Board Member Elections Policy 2115 Unexpired Term Fulfillment Policy 2116 Removal from Office Policy 2120 Code of Ethics for School Board Members Policy 2121 Board Member Conflict of Interest Policy 2122 Role of Board Members in Handling Complaints Policy 2123 Board Member Opportunities for Development Policy 2125/7315 Confidential Information Policy 2130 Board Member Compensation and Expenses Policy 2140/7610 Defense of Board Members and Employees

II. Board Members

• Policy 2100 Board Member Legal Status • Policy 2110 Board Member Elections

– Aligns with Merger Plan • Policy 2115 Unexpired Term Fulfillment

– Aligns with Merger Plan • Policy 2116 Removal from Office

– Reflects current law

II. Board Members (Continued) • Policy 2120 Code of Ethics for School Board Members

– Reflects current legal requirements – Uses old DPS Policy 1105 and 1106

• Policy 2121 Board Member Conflict of Interest – Requirements align with conflict of interest law

• Policy 2122 Role of Board Members in Handling Complaints – Includes some DPS Policy 1115 – Refers to old DPS Policy 1105, 1110, 1115

II. Board Members (Continued) • Policy 2123 Board Members Opportunity for Development

– Adds to old DPS Policy 1130 and 1135 – Lists qualified sources for training (NCSBA, School of

Government and DPI; BOE may list other entities • Policy 2125/7315 Confidential Information • Policy 2130 Board Member Compensation & Expense

– Modify Section B, if desired • Policy 2140/7610 Defense of Board Members and Employees

– Adds BOE members to list consistent with old Policy 1505

Discussion

9/3/2015

New Policy

BOARD MEMBER LEGAL STATUS Policy Code: 2100 The board of education is a body corporate. Members of the board have authority only when acting as a board legally in session. The board will not be bound in any way by any statement or action on the part of an individual member, except when such action is at the specific instruction of the board. Legal References: G.S. 115C-40, -41 Cross References: Board Authority and Duties (policy 1010) Adopted:

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION POLICY MANUAL Page 1 of 1

Track Changes BOARD MEMBER ELECTIONS Policy Code: 2110

A. QUALIFICATIONS

Any person possessing the qualifications for election to public office as provided in Article VI, Section 6 of the Constitution of North Carolina and who is a qualified voter and resident of the election district from which he or she seeks to be elected is eligible to serve as a member of the board of education. Any person elected or appointed to the board and also employed by the board must resign his or her employment before taking office as a member of the board.

B. MEMBERSHIP AND TERMS OF OFFICE

The board of education will consist of seven (7) members, including one member elected at large, one from each of four voting districts, and one from each of two consolidated districts. All terms will be for four years with the terms staggered so that as nearly equal to one-half as possible will expire every two years. All elections are nonpartisan and are to be held at the time of the November generalMay election in even-numbered years.

C. OATH OF OFFICE

Before taking office, newly elected board members will take and sign The first Monday in July following the election of members to the board, or the first meeting of the board following an appointment to fill a vacancy, the members-elect will be given the following oath or affirmation at the board meeting held in following their election:

“I, ______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of North Carolina not inconsistent therewith, and that I will faithfully discharge my the duties of my office as a member of the Board of Education for the Durham Public Schools; that in the discharge of said duties, I will fairly and diligently consider all issues coming before the Board of Education so that every student is provided with an equal opportunity to learn, and so that each school provides an environment in which every student is encouraged and can reasonably be expected to realize his or her maximum educational potential, without regard to their, or my, place of residence within Durham County , so help me God [omit phrase if affirming].”

If a board member enters on the duties of his or her office before taking, subscribing, and filing the oath of office, he or she will be ejected from office.

Legal References: N.C. Const. art. VI, §§ 6 and 7; G.S. 14-229; 115C-35, -37; Plan for Consolidation and Merger adopted by the Durham County Board of Commissioners on January 29, 1992 Cross References: Adopted:


Clean Version

BOARD MEMBER ELECTIONS Policy Code: 2110

A. QUALIFICATIONS

Any person possessing the qualifications for election to public office as provided in Article VI, Section 6 of the Constitution of North Carolina and who is a qualified voter and resident of the election district from which he or she seeks to be elected is eligible to serve as a member of the board of education. Any person elected or appointed to the board and also employed by the board must resign his or her employment before taking office as a member of the board.

B. MEMBERSHIP AND TERMS OF OFFICE

The board of education will consist of seven (7) members, including one member elected at large, one from each of four voting districts, and one from each of two consolidated districts. All terms will be for four years with the terms staggered so that as nearly equal to one-half as possible will expire every two years. All elections are nonpartisan and are to be held at the time of the May election in even-numbered years.

C. OATH OF OFFICE

The first Monday in July following the election of members to the board, or the first meeting of the board following an appointment to fill a vacancy, the members-elect will be given the following oath or affirmation:

“I, ______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Education for the Durham Public Schools; that in the discharge of said duties, I will fairly and diligently consider all issues coming before the Board of Education so that every student is provided with an equal opportunity to learn, and so that each school provides an environment in which every student is encouraged and can reasonably be expected to realize his or her maximum educational potential, without regard to their, or my, place of residence within Durham County , so help me God [omit phrase if affirming].”

If a board member enters on the duties of his or her office before taking, subscribing, and filing the oath of office, he or she will be ejected from office.

Legal References: N.C. Const. art. VI, §§ 6 and 7; G.S. 14-229; 115C-35, -37; Plan for Consolidation and Merger adopted by the Durham County Board of Commissioners on January 29, 1992 Cross References: Adopted:


Track Changes

UNEXPIRED TERM FULFILLMENT Policy Code: 2115 All vacancies in the membership of the board of education caused by death, resignation, or otherwise will be filled by a person appointed by the remaining members of the board to serve until the next election of board members, at which time the remaining unexpired term will be filled by election. the remaining members appointing to the vacant seat a resident from the voting district or consolidated district of the member being replaced, or at large if the seat is at large. The remaining members have 60 days to fill the vacancy. If the remaining members are unable to agree on a replacement within 60 days, the Durham County Commissioners shall have 60 days to name a replacement. If the Durham County Commissioners are unable to agree, the clerk of court is authorized to appoint a candidate to serve for the remainder of the unexpired term. If the vacancy occurs later than 60 days before the school board election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to June 30 immediately following the first school board election held more than 60 days after the vacancy occurs. At that election, a person will be elected to the seat vacated for the remainder of the unexpired term. Legal References: G.S. 115C-37(f) Plan for Consolidation and Merger adopted by the Durham County Board of Commissioners on January 29, 1992 Cross References: Adopted:


Clean Version

UNEXPIRED TERM FULFILLMENT Policy Code: 2115 All vacancies in the membership of the board of education caused by death, resignation, or otherwise will be filled by the remaining members appointing to the vacant seat a resident from the voting district or consolidated district of the member being replaced, or at large if the seat is at large. The remaining members have 60 days to fill the vacancy. If the remaining members are unable to agree on a replacement within 60 days, the Durham County Commissioners shall have 60 days to name a replacement. If the Durham County Commissioners are unable to agree, the clerk of court is authorized to appoint a candidate to serve for the remainder of the unexpired term. If the vacancy occurs later than 60 days before the school board election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to June 30 immediately following the first school board election held more than 60 days after the vacancy occurs. At that election, a person will be elected to the seat vacated for the remainder of the unexpired term. Legal References: Plan for Consolidation and Merger adopted by the Durham County Board of Commissioners on January 29, 1992 Cross References: Adopted:


New Policy

REMOVAL FROM OFFICE Policy Code: 2116 A person who has been impeached from any office or adjudged guilty of a felony, corruption, or malpractice in any office and who has not been restored to the rights of citizenship is disqualified for office. A member of the local board of education who changes residence such that he or she is no longer entitled to vote in an election for the office he or she holds is disqualified from continuing to hold the office. A board member who becomes disqualified for office may be subject to removal under G.S. 1-515. In addition, as provided by G.S. 14-230, a board member who willfully and corruptly omits, neglects, or refuses to discharge any of the duties of office or who willfully and corruptly violates the oath of office is subject to removal from office by a court. Legal References: N.C. Const. art. VI; G.S. 1-514 to -532; 14-228 to -234.1 Cross References: Adopted:


Track Changes

CODE OF ETHICS FOR SCHOOL BOARD MEMBERS Policy Code: 2120 The board recognizes that, collectively and individually, all members of the board must adhere to a code of ethics as required by G.S. 160A-86 and G.S. 115C-47(57). A. BOARD MEMBER ETHICAL REQUIREMENTS

The following standards will guide each board member in the performance of his or her official duties:

1. the need to obey all applicable state and federal laws regarding official actions

taken as a board member;

2. the need to uphold the integrity and independence of the board member’s office;

3. the need to avoid impropriety in the exercise of the board’s and board member’s official duties;

4. the need to perform faithfully the duties of the office; and

5. the need to conduct the affairs of the board in an open and public manner,

complying with all applicable laws governing open meetings and public records. B. SPECIFIC BOARD MEMBER COMMITMENTS

In order to implement the above standards, each member of the board commits to do the following:

1. attend and participate in all regularly scheduled board meetings insofar as

possible and become informed concerning the issues to be considered at those meetings;

2. endeavor to make policy decisions only after full discussion at publicly held board

meetings;

3. render all decisions based on the available facts and independent judgment and refuse to surrender that judgment to individuals or special interest groups ;

4. model civility to students, employees, and all elements of the community by

encouraging the free expression of opinion by all board members and engaging in respectful dialogue with fellow board members on matters being considered by the board;

5. respect the confidentiality of information that is privileged under applicable law


Policy Code: 2120

and refrain from unauthorized disclosure of matters discussed in closed session;

6. work with other board members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent;

7. seek systematic communications between the board and students, staff, and all

elements of the community and represent the Durham Public Schools to the public in such a way as to promote both interest and support;

7.8. communicate to other board members and the superintendent expressions of

public reaction to board policies and school programs;

9. learn about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the state and national school boards associations;

8.10. be familiar with the North Carolina public school laws, regulations of the State

Board of Education, and the Durham Public Schools’ policies and procedures;

9.11. comply with North Carolina General Statute 115C-50 by earning annually the required 12 hours of training;

10.12. comply with G.S. 160A-87 by earning two hours of ethics education within 12

months of election or appointment to the board;

11.13. support the employment of those persons best qualified to serve as school employees and avoid allowing personal relationships and biases to influence decision making;

12.14. refrain from investigating or attempting to resolve complaints received

personally, but instead direct the complainant to follow the board’s complaint or grievance process to resolve concerns;

13.15. avoid being placed in a position of conflict of interest and refrain from using the

board member's position on the board for personal or partisan gain;

16. conduct the affairs of the office in accordance with the adopted character education traits of the Durham Public Schools: citizenship, courage, fairness, honesty, kindness, perseverance, respect, responsibility, and self-discipline;

14.17. take no private action that will compromise the board or administration; and

15.18. remember always that a board member's first and greatest concern must be the

educational welfare of the students attending the public schools. All newly elected board members are expected to sign a code of ethics statement that includes

Formatted: List Paragraph, Left, No bullets ornumbering, Tab stops: Not at -1"




Policy Code: 2120 these provisions at the organizational meeting of the board. Legal References: G.S. 115C-36, -47(57), -50; 160A-86, -87 Cross References: Board Member Opportunities for Development (policy 2123) Adopted:


Clean Version CODE OF ETHICS FOR SCHOOL BOARD MEMBERS Policy Code: 2120 The board recognizes that, collectively and individually, all members of the board must adhere to a code of ethics as required by G.S. 160A-86 and G.S. 115C-47(57). A. BOARD MEMBER ETHICAL REQUIREMENTS

The following standards will guide each board member in the performance of his or her official duties:

1. the need to obey all applicable state and federal laws regarding official actions

taken as a board member;

2. the need to uphold the integrity and independence of the board member’s office;

3. the need to avoid impropriety in the exercise of the board’s and board member’s official duties;

4. the need to perform faithfully the duties of the office; and

5. the need to conduct the affairs of the board in an open and public manner,

complying with all applicable laws governing open meetings and public records. B. SPECIFIC BOARD MEMBER COMMITMENTS

In order to implement the above standards, each member of the board commits to do the following:

1. attend and participate in all regularly scheduled board meetings insofar as

possible and become informed concerning the issues to be considered at those meetings;

2. endeavor to make policy decisions only after full discussion at publicly held board

meetings;

3. render all decisions based on the available facts and independent judgment and refuse to surrender that judgment to individuals or special interest groups ;

4. model civility to students, employees, and all elements of the community by

encouraging the free expression of opinion by all board members and engaging in respectful dialogue with fellow board members on matters being considered by the board;

5. respect the confidentiality of information that is privileged under applicable law

and refrain from unauthorized disclosure of matters discussed in closed session;


Policy Code: 2120

6. work with other board members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent;

7. seek systematic communications between the board and students, staff, and all

elements of the community and represent the Durham Public Schools to the public in such a way as to promote both interest and support;

8. communicate to other board members and the superintendent expressions of

public reaction to board policies and school programs;

9. learn about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the state and national school boards associations;

10. be familiar with the North Carolina public school laws, regulations of the State

Board of Education, and the Durham Public Schools’ policies and procedures;

11. comply with North Carolina General Statute 115C-50 by earning annually the required 12 hours of training;

12. comply with G.S. 160A-87 by earning two hours of ethics education within 12

months of election or appointment to the board;

13. support the employment of those persons best qualified to serve as school employees and avoid allowing personal relationships and biases to influence decision making;

14. refrain from investigating or attempting to resolve complaints received

personally, but instead direct the complainant to follow the board’s complaint or grievance process to resolve concerns;

15. avoid being placed in a position of conflict of interest and refrain from using the

board member's position on the board for personal or partisan gain;

16. conduct the affairs of the office in accordance with the adopted character education traits of the Durham Public Schools: citizenship, courage, fairness, honesty, kindness, perseverance, respect, responsibility, and self-discipline;

17. take no private action that will compromise the board or administration; and

18. remember always that a board member's first and greatest concern must be the

educational welfare of the students attending the public schools. All newly elected board members are expected to sign a code of ethics statement that includes these provisions at the organizational meeting of the board.


Policy Code: 2120 Legal References: G.S. 115C-36, -47(57), -50; 160A-86, -87 Cross References: Board Member Opportunities for Development (policy 2123) Adopted:


Track Changes

BOARD MEMBER CONFLICT OF INTEREST Policy Code: 2121

All board members are subject to the criminal laws related to conflicts of interest in public office, including strict restrictions against having a pecuniary interest in any business of the board. In addition, board members will not let any personal or business interest interfere with their duties as public officials, including ethical duties as specified in policy 2120, Code of Ethics for School Board Members. A member of the board will not do any of the following: 1. obtain a direct benefit from a contract that he or she is involved in making or

administering on behalf of the board, unless an exception is allowed pursuant to G.S. 14-234 or other law;

2. influence or attempt to influence anyone who is involved in making or administering a

contract on behalf of the board when the board member will obtain a direct benefit from the contract; or

3. solicit or receive any gift, favor, reward, service, or promise of reward, including a

promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract.

A board member is involved in administering a contract if he or she oversees the performance of the contract or has authority to interpret or make decisions regarding the contract. A board member is involved in making a contract if he or she participates in the development of the specifications or terms of the contract or participates in the preparation or award of the contract. A board member derives a direct benefit from a contract if the board member or his or her spouse does any of the following: (1) has more than a 10 percent ownership or other interest in an entity that is a party to the contract; (2) derives any income or commission directly from the contract; or (3) acquires property under the contract. An exception is allowed for employment contracts between the board of education and the spouse of a board member. However, the board member involved will not deliberate or vote on the spouse’s employment contract or attempt to influence any other person who is involved in making or administering the contract. When a conflict of interest occurs, each Board member has the obligation to declare that conflict and abstain from participating or voting in the issue. Legal References: G.S. 14-234; 133-32 Cross References: Code of Ethics for School Board Members (policy 2120), Employee Conflict of Interest (policy 7730) Adopted: DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION POLICY MANUAL Page 1 of 1

Clean Version

BOARD MEMBER CONFLICT OF INTEREST Policy Code: 2121

All board members are subject to the criminal laws related to conflicts of interest in public office, including strict restrictions against having a pecuniary interest in any business of the board. In addition, board members will not let any personal or business interest interfere with their duties as public officials, including ethical duties as specified in policy 2120, Code of Ethics for School Board Members. A member of the board will not do any of the following: 1. obtain a direct benefit from a contract that he or she is involved in making or

administering on behalf of the board, unless an exception is allowed pursuant to G.S. 14-234 or other law;

2. influence or attempt to influence anyone who is involved in making or administering a

contract on behalf of the board when the board member will obtain a direct benefit from the contract; or

3. solicit or receive any gift, favor, reward, service, or promise of reward, including a

promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract.

A board member is involved in administering a contract if he or she oversees the performance of the contract or has authority to interpret or make decisions regarding the contract. A board member is involved in making a contract if he or she participates in the development of the specifications or terms of the contract or participates in the preparation or award of the contract. A board member derives a direct benefit from a contract if the board member or his or her spouse does any of the following: (1) has more than a 10 percent ownership or other interest in an entity that is a party to the contract; (2) derives any income or commission directly from the contract; or (3) acquires property under the contract. An exception is allowed for employment contracts between the board of education and the spouse of a board member. However, the board member involved will not deliberate or vote on the spouse’s employment contract or attempt to influence any other person who is involved in making or administering the contract. When a conflict of interest occurs, each Board member has the obligation to declare that conflict and abstain from participating or voting in the issue. Legal References: G.S. 14-234; 133-32 Cross References: Code of Ethics for School Board Members (policy 2120), Employee Conflict of Interest (policy 7730) Adopted: DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION POLICY MANUAL Page 1 of 1

Track Changes

ROLE OF BOARD MEMBERS IN HANDLING COMPLAINTS Policy Code: 2122 The goal of the school system is to respond promptly and professionally to any questions or concerns of the public. As elected officials acting on behalf of the public, Durham Public Schools board members have a responsibility to be accessible to the public and to assist citizens with complaints, requests, or inquiries regarding the school system. Board members commit to providing service to parents and other members of the public but do not involve themselves in problem investigation and management. An individual board member who receives a complaint, request, or inquiry from a parent or other interested member of the public concerning a school matter will refer the complainant individual to the appropriate school administrator and, when appropriate, advise the complainant individual of the procedures in place for making such complaints. The board member also may refer the complainant individual to the superintendent, who shall determine an appropriate means of responding to the complaint, request, or inquiry. The board expects the superintendent to maintain a constituent services process that includes: (1) a process for handling requests for information or assistance from parents or other members of the public in a timely and effective manner; (2) a designated staff member or members to whom board members may refer requests; (3) a process for recording and tracking requests and responses; and (4) a feedback process for informing board members of the resolution of requests.The board attorney also may be notified of the complaint in accordance with policy 2610, Board Attorney. Individual board members will refrain from taking individual action with regard to such complaints, requests, or inquiries other than referring them to the proper administrative employee. Legal References: G.S. 115C-36 Cross References: Responding to Complaints (policy 1742/5060), Board Attorney (policy 2610) Adopted:


Clean Version

ROLE OF BOARD MEMBERS IN HANDLING COMPLAINTS Policy Code: 2122 The goal of the school system is to respond promptly and professionally to any questions or concerns of the public. As elected officials acting on behalf of the public, Durham Public Schools board members have a responsibility to be accessible to the public and to assist citizens with complaints, requests, or inquiries regarding the school system. Board members commit to providing service to parents and other members of the public but do not involve themselves in problem investigation and management. An individual board member who receives a complaint, request, or inquiry from a parent or other interested member of the public concerning a school matter will refer the individual to the appropriate school administrator and, when appropriate, advise the individual of the procedures in place for making complaints. The board member also may refer the individual to the superintendent, who shall determine an appropriate means of responding to the complaint, request, or inquiry. The board expects the superintendent to maintain a constituent services process that includes: (1) a process for handling requests for information or assistance from parents or other members of the public in a timely and effective manner; (2) a designated staff member or members to whom board members may refer requests; (3) a process for recording and tracking requests and responses; and (4) a feedback process for informing board members of the resolution of requests. Individual board members will refrain from taking individual action with regard to such complaints, requests, or inquiries other than referring them to the proper administrative employee. Legal References: G.S. 115C-36 Cross References: Responding to Complaints (policy 1742/5060) Adopted:


Track Changes BOARD MEMBER OPPORTUNITIES FOR DEVELOPMENT Policy Code: 2123 Board members are encouraged to participate in school board development activities designed for them. The magnitude of board membership calls for knowledge of and orientation to many areas of information and understanding. Under the guidance of experienced board members and the superintendent, orientation will be provided to new board members through activities such as: New board members will have the opportunity and will be encouraged to attend orientation programsworkshops for new board members sponsored by the state and national school boards associations; discussions and visits with the superintendent and other members of the school system staff; provision of printed and audiovisual materials on board policies and administrative procedures; attendance at board and administrative conferences and conventions on a local, area, state, and national basis; and other activities deemed beneficial. It is the responsibility of the board to provide new board members with a thorough orientation to board policies, practices and duties. Each board member must fulfill the legal requirement to receive a minimum of 12 hours of training annually. The superintendent shall assist board members in attending training and shall maintain records verifying that each board member has complied with the requirements of this policy. All board members must receive a minimum of two hours of ethics education within 12 months after initial election or appointment to office and again within 12 months after each subsequent election or appointment to office. This education must address the laws and principles that govern conflicts of interest and ethical standards for local government officials. The superintendent shall maintain records verifying that each board member has participated in the required ethics education. The ethics education required under this paragraph may be counted towards the annual 12-hour training requirement. Unless otherwise approved by the board, such training must be provided by the following entities: the school system, the North Carolina School Boards Association, the National School Boards Association, the School of Government, or the Department of Public Instruction. If a board member wishes to receive training credit or be reimbursed for attending training offered by another entity, he or she must obtain approval from the board. Funds for participation will be budgeted annually, and reimbursement for expenses will be made in accordance with law and applicable board policy. Legal References: G.S. 115C-50; 160A-86, -87 Cross References: Code of Ethics for School Board Members (policy 2120) Adopted:


Clean Version BOARD MEMBER OPPORTUNITIES FOR DEVELOPMENT Policy Code: 2123 Board members are encouraged to participate in school board development activities designed for them. The magnitude of board membership calls for knowledge of and orientation to many areas of information and understanding. Under the guidance of experienced board members and the superintendent, orientation will be provided to new board members through activities such as: workshops for new board members sponsored by the state and national school boards associations; discussions and visits with the superintendent and other members of the school system staff; provision of printed and audiovisual materials on board policies and administrative procedures; attendance at board and administrative conferences and conventions on a local, area, state, and national basis; and other activities deemed beneficial. Each board member must fulfill the legal requirement to receive a minimum of 12 hours of training annually. The superintendent shall assist board members in attending training and shall maintain records verifying that each board member has complied with the requirements of this policy. All board members must receive a minimum of two hours of ethics education within 12 months after initial election or appointment to office and again within 12 months after each subsequent election or appointment to office. This education must address the laws and principles that govern conflicts of interest and ethical standards for local government officials. The ethics education required under this paragraph may be counted towards the annual 12-hour training requirement. Unless otherwise approved by the board, such training must be provided by the following entities: the school system, the North Carolina School Boards Association, the National School Boards Association, the School of Government, or the Department of Public Instruction. If a board member wishes to receive training credit or be reimbursed for attending training offered by another entity, he or she must obtain approval from the board. Funds for participation will be budgeted annually, and reimbursement for expenses will be made in accordance with law and applicable board policy. Legal References: G.S. 115C-50; 160A-86, -87 Cross References: Code of Ethics for School Board Members (policy 2120) Adopted:


New Policy

CONFIDENTIAL INFORMATION Policy Code: 2125/7315 Employees and board members have an absolute duty to maintain the confidentiality of records as required by law. Employees and board members, by the nature of their positions, are exposed to confidential information that should not be repeated or discussed except with those recognized by law as having a right to the information. Any employee or board member who is not sure whether particular information may be protected by state or federal confidentiality laws should seek clarification from his or her immediate supervisor or the assistant superintendent for human resources (for employees) or from the superintendent or board attorney (for board members). When violations occur, appropriate disciplinary action will be taken. It is a criminal violation for an employee or board member to do either of the following:

• knowingly, willfully, and with malice permit any unauthorized person to have access to

information contained in a personnel file, or

• knowingly and willfully examine, remove, or copy a personnel file that he or she is not specifically authorized to access pursuant to G.S. 115C-321.

Legal References: Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; G.S. 115C-47(18), -321, -402 Cross References: Communicable Diseases – Students (policy 4230), Student Records (policy 4700), Confidentiality of Personal Identifying Information (policy 4705/7825), Public Records – Retention, Release, and Disposition (policy 5070/7350), Personnel Files (policy 7820) Adopted:


Track Changes BOARD MEMBER COMPENSATION AND EXPENSES Policy Code: 2130 A. COMPENSATION

Board members will be compensated for the performance of official school system business. The amount of compensation will be established according to applicable laws.

B. REIMBURSEMENT

Board members will be reimbursed for out-of-pocket expenses incurred in the performance of their duties (not to exceed the amount predetermined by the board). Board members should submit requests for reimbursement, along with documentation of the expenses, within 30 days of incurring the expenses. The board member incurring the expense must sign the reimbursement request, and the board chairperson will approve such requests provided the expenses are reasonable and appropriately documented. Requests for reimbursement submitted by the chairperson will be approved by the superintendent.

Legal References: G.S. 115C-38; 153A-92 Cross References: Adopted:


Clean Version BOARD MEMBER COMPENSATION AND EXPENSES Policy Code: 2130 A. COMPENSATION

Board members will be compensated for the performance of official school system business. The amount of compensation will be established according to applicable laws.

B. REIMBURSEMENT

Board members will be reimbursed for out-of-pocket expenses incurred in the performance of their duties (not to exceed the amount predetermined by the board). Board members should submit requests for reimbursement, along with documentation of the expenses, within 30 days of incurring the expenses. The board member incurring the expense must sign the reimbursement request, and the board chairperson will approve such requests provided the expenses are reasonable and appropriately documented. Requests for reimbursement submitted by the chairperson will be approved by the superintendent.

Legal References: G.S. 115C-38; 153A-92 Cross References: Adopted:


Track Changes

DEFENSE OF BOARD MEMBERS AND EMPLOYEES Policy Code: 2140/7610 The board will provide for the defense of any civil or criminal action or proceeding brought against an board member or employee in his or her official or individual capacity, or both, on account of an act done or an omission so long as all of the following conditions are met. 1. The act or omission occurred in the scope and course of the person’s duties as a board

member or employeement. 2. Defense of the action would not create a conflict of interest between the board and the

board member or employee. 3. The board member or employee did not act or fail to act because of fraud, corruption, or

malice on his or her part. In order for the board to provide for the defense pursuant to this policy, the employee must provide a written request to the superintendent as soon as possible upon learning of the claim or action. A request by a board member should go directly to the board. The superintendent, with advice from the board attorney, shall make a recommendation to the board as to whether the board will provide legal representation for the employee. Board approval of an board member’s or employee’s request to provide legal representation will only relate to the initial trial or proceeding. The board member or employee must make an additional request in writing to the board for legal representation at each subsequent stage of the appeal of the action or proceeding. If an employee’sthe request for legal representation in any civil or criminal action or proceeding is denied and subsequently the board member or employee is found not to be liable or guilty, the board may reimburse the board member or employee a reasonable attorney’s fee upon written request of the board member or employee. To protect its own financial resources, the board will provide for sufficient liability coverage for personnel, workers’ compensation coverage, and unemployment compensation insurance. Legal References: G.S. 115C-43 Cross References: Adopted:

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Clean Version DEFENSE OF BOARD MEMBERS AND EMPLOYEES Policy Code: 2140/7610 The board will provide for the defense of any civil or criminal action or proceeding brought against a board member or employee in his or her official or individual capacity, or both, on account of an act done or an omission so long as all of the following conditions are met. 1. The act or omission occurred in the scope and course of the person’s duties as a board

member or employee. 2. Defense of the action would not create a conflict of interest between the board and the

board member or employee. 3. The board member or employee did not act or fail to act because of fraud, corruption, or

malice on his or her part. In order for the board to provide for the defense pursuant to this policy, the employee must provide a written request to the superintendent as soon as possible upon learning of the claim or action. A request by a board member should go directly to the board. The superintendent, with advice from the board attorney, shall make a recommendation to the board as to whether the board will provide legal representation for the employee. Board approval of a board member’s or employee’s request to provide legal representation will only relate to the initial trial or proceeding. The board member or employee must make an additional request in writing to the board for legal representation at each subsequent stage of the appeal of the action or proceeding. If the request for legal representation in any civil or criminal action or proceeding is denied and subsequently the board member or employee is found not to be liable or guilty, the board may reimburse the board member or employee a reasonable attorney’s fee upon written request of the board member or employee. To protect its own financial resources, the board will provide for sufficient liability coverage for personnel, workers’ compensation coverage, and unemployment compensation insurance. Legal References: G.S. 115C-43 Cross References: Adopted:


Durham Public Schools Policy Manual CORRELATION TABLE

Section 2100 – Board Members Draft Policy #

Draft Policy Title Current Policy # Notes for Consideration

Board Members

2100 Board Member Legal Status 1105

2110 Board Member Elections 1000, 1200 We modified this policy to reflect the information in the Durham County Board of Commissioners Plan for Consolidation and Merger from January 29, 1992. Let us know if any additional changes are needed.

2115 Unexpired Term Fulfillment 1205 We modified this policy to reflect the information in the Durham County Board of Commissioners Plan for Consolidation and Merger from January 29, 1992.

2116 Removal from Office Ø This policy reflects the current law regarding removal from office.

2120 Code of Ethics for School Board Members

1105, 1106, 1120 This policy is designed to address the current legal requirements. We included some information from your old policies 1105 and 1106. Please review this policy carefully and let us know if you would like to make further changes.

2121 Board Member Conflict of Interest

1105, 1120 This policy restates the requirements in the conflict of interest laws. Please review it carefully as it is varies from your old conflict of interest policy.

2122 Role of Board Members in Handling Complaints

1105, 1110, 1115 We included some information from your old policy 1115. Please review this policy carefully and let us know if you would like to make any further changes.

2123 Board Member Opportunities for Development

1130, 1135 • We added information from your old policies 1130 and 1135. Let us know if you would like any other modifications made.

• In regard to the next to last paragraph, G.S. 115C-50 states that such training may be offered by the North Carolina School Boards Association, the School of Government or other qualified sources that the board chooses. The board may modify or add additional entities to the list provided.

2125/7315 Confidential Information 5230

2130 Board Member Compensation and Expenses

1140 The process is section B may be modified.

2140/7610 Defense of Board Members and Employees

1505 We added board members to the defense of board employee’s policy because your old policy 1505 contained board members. Please review this policy carefully and let us know if you would like to make any changes.

Ø indicates that there was not a corresponding policy. Page 1

Policy No. 1000 THE BOARD OF EDUCATION The name of the Board of Education is the Durham Public Schools Board of Education. The Board was established under a merger and consolidation plan adopted by the Durham County Board of Commissioners on January 29, 1992. The Board’s authority and responsibilities arise from state law and that plan.

1000.1 The Board of Education is composed of seven members elected on a non-

partisan basis, including one member elected at large, one from each of four voting districts and one from each of two consolidated districts.

Legal Reference: G.S. 115C-40; Plan adopted by the Durham County Board of

Commissioners on January 29, 1992 Adopted Effective: July 1, 1999

Policy 1105 DUTIES AND RESPONSIBILITIES OF BOARD MEMBERS

A member of the Board shall endeavor to attend all meetings, discuss items presented on the agenda, and vote upon motions and resolutions presented.

Official decisions of the Board can be made only at duly constituted Board meetings. An individual Board member or groups of Board members do not have independent authority to speak for the Board and shall not make out-of-meeting commitments for the school system unless directed to do so by the Board.

Board members shall be nonpartisan in dealing with school matters and shall not subordinate the education of children and youth to any partisan principle, group, interest, or personal ambition.

In addition to the foregoing, a Board member should carry out the following responsibilities:

1105.1 Be prepared and willing to devote sufficient time to the study of the problems of education in the system as a whole, as well as those of the state and nation at large, so as to be able to interpret them to the electorate of the school system.

1105.2 Be willing and able to make sacrifices of time, knowledge, and personal pleasure for the benefit of the school system.

1105.3 Report routine complaints and concerns related to system operations directly to the Superintendent for appropriate investigation and response.

1105.4 Have no business or pecuniary interest which will conflict with the activities of the Board.

1105.5 Annually meet the training requirements established by N.C. Gen. Stat. 115C-50 (12 hours annually), and be familiar with the North Carolina public school laws, regulations of the State Board of Education, and the Durham Public Schools' policies and procedures.

1105.6 Vote and act impartially in Board meetings, for the good of the school system.

1105.7 Accept the will of the majority vote and give support to the resulting decision.

1105.8 Represent the Board and the Durham Public Schools to the public in such a way as to promote both interest and support.

1105.9 Advocate for the resources necessary for the highest quality school program.

Legal Reference: G.S.115C-37, -40, -50; Legal Reference: G.S.14-234 through -237 Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

Policy 1106 CODE OF ETHICS AND PROFESSIONAL CONDUCT FOR SCHOOL BOARD MEMBERS

Board members shall endeavor to act ethically and in the best interest of students, the Durham Public Schools, and public education in the performance of their official duties. While no code of ethics can address all situations, the Board adopts the following Code of Ethics and Professional Conduct to guide the performance of its members. Members of the Durham Public Schools Board of Education shall: 1106.1 attend all regularly scheduled Board meetings insofar as possible, and

become informed concerning the issues to be considered at those meetings; 1106.2 endeavor to make policy decisions only after full discussion at publicly held

Board meetings; 1106.3 render all decisions based on the available facts and the Board member’s

independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

1106.4 encourage the free expression of opinion by all Board members, and seek

systematic communications between the Board and students, staff and all elements of the community;

1106.5 work with other Board members to establish effective Board policies and to

delegate authority for the administration of the schools to the Superintendent;

1106.6 communicate to other Board members and the Superintendent expressions

of public reaction to Board policies and school program; 1106.7 learn about current educational issues by individual study and through

participation in programs providing needed information, such as those sponsored by the state and national school boards associations;

1106.8 support the employment of those persons best qualified to serve as school

staff, and insist on a regular and impartial evaluation of all staff; 1106.9 avoid being placed in a position of conflict of interest, and refrain from

using their position on the Board for personal or partisan gain;

Policy 1106 2

1106.10 conduct the affairs of their office in accordance with the adopted character

education traits of the Durham Public Schools: citizenship, courage, fairness, honesty, kindness, perseverance, respect, responsibility, and self-discipline;

1106.11 take no private action that will compromise the Board or administration, and

maintain the confidentiality of information that is shared in closed sessions of Board meetings; and

1106.12 remember always that a Board member’s first and greatest concern must be

the educational welfare of the students attending the public schools.

Legal Reference: G.S. 115C-36,-50 Adopted Effective: July 1, 1999 Revised Effective: August 19, 1999

Policy 1110 BOARD/SUPERINTENDENT/STAFF RELATIONS

The Durham Public Schools Board of Education believes that the development of policies and the evaluation of policy administration is the most important function of a school board, and that the execution of the policies is the function of the Superintendent and staff of the school district. The Board also believes that staff support is critical for successful school operations.

The Durham Public Schools Board of Education believes that the development of policies and the evaluation of policy administration is the most important function of a school board, and that the execution of the policies is the function of the Superintendent and staff of the school district. The Board also believes that staff support is critical for successful school operations.

Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board's policies and frees the Board to devote its time to policy-making and appraisal functions.

The Board holds the Superintendent responsible for carrying out its policies within established guidelines and for keeping the Board informed about school operations.

To keep the Board informed, the Superintendent shall notify Board members as promptly as possible of any emergencies which occur in the schools.

The Board, individually and collectively, promptly shall refer criticisms, concerns, complaints, and suggestions to the Superintendent for appropriate study, recommendation, and response and shall refrain from individual interference with the administration of school policies except through Board action.

Legal Reference: G.S.115C-276 Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

R&P 1110 Page 1 Board Policy 1110 – Board/Superintendent/Staff Relations 1.) The Superintendent will inform Board members when the Superintendent is

considering a major initiative or when the Superintendent will be recommending personnel changes or appointments at the Principal or Executive Director level or above.

2.) The Superintendent will post his weekly calendar on the website so that Board

members (and the community) will have a general sense of what he is doing and with whom he is meeting.

3.) The Superintendent will initiate individual contact with all Board members on a

regular basis. However, Board members are encouraged to call the Superintendent whenever there is a concern or an idea that they would like to discuss.

4.) Board members should feel free to call staff members any time to ask clarifying

questions. It is agreed that when Board members have conversations with staff, the staff members will share this information with the Superintendent. Cathy Bisplinghoff will serve as the coordinator for tracking requests and responses to the Board. This is particularly important during the first few years of a Superintendent’s tenure, so that the Superintendent has the broadest possible picture of Board interests and concerns and the functioning of the district.

5.) If one Board member requests significant data, reports, the Superintendent will

acknowledge and review the request to determine the amount of work needed to complete the request. Staff will notify the Board members of the status of their request. If the request is completed, staff will forward the information to all Board members. If the request is not completed, the Superintendent and the Board member will work together on modifying the request or, if necessary, determining whether the Board wants to have the request filled.

6.) The Superintendent or his designee will attempt to notify all Board members of any

emergency or potentially newsworthy event as soon as possible via email, fax, Connect-Ed and/or phone.

Issued: July 15, 2010 Revised: August 31, 2010

Policy 1115 CONSTITUENT SERVICES

Complaints against any employee which come to the attention of the Board or any Board member shall be referred by the Board members to the Superintendent for appropriate action.

The goal of the district is to respond promptly and professionally to any questions or concerns of the public. As elected officials acting on behalf of the public, Durham Public Schools (DPS) board members have a responsibility to be accessible to the public and to assist citizens with suggestions, questions, or complaints regarding DPS. Board members commit to providing service to constituents, but do not involve themselves in problem investigation and management.

1115.1 The board expects the superintendent to maintain a constituent services process that includes the following: a. A process for handling constituents’ requests for information or assistance in a timely

and effective manner. b. A designated staff member or members to whom board members may refer constituent

service requests. c. A process for recording and tracking requests and responses. d. A feedback process for informing board members of the resolution of requests.

1115.2 The following definitions apply: • Constituents are residents of the community who are represented by an elected school board member. Constituents are receivers of public services and provide public funds for those services. • Governance is the primary role of the elected school district board member. Duties of board members are described in Policy 1100. • Management is the responsibility of the superintendent who is selected by the board and whose duties are described by state law and reviewed in Policy 1110. • Appropriate constituent service is defined as each board member ensuring that management takes responsibility for helping parents and other citizens receive the services they need. This includes an obligation not to confer special advantage on employees, parents, students, vendors, or any other person or entity. • Inappropriate constituent service is defined as board member involvement in management or delivery of specific services or desired results, even if the problem is serious and/or board member’s involvement is minimal.

1115.3 The superintendent shall develop procedures to ensure timely and appropriate

communication with constituents who contact board members and DPS leadership, consistent with this policy.

Legal Reference: G.S. 115C-36, -45 Adopted Effective: July 1, 1999 Revised Effective: January 24, 2008

Policy1115: Constituent Service


R&P 1115 Page 1

Board of Education Constituent Services

Flowchart

Board member _is contacted by a constituent_ for information or assistance

Has the constituent made an effort to resolve the

issue with management?

·Can the 'Board

member provide the assistance or information?

Board member briefs superintendent ·and board ·

liaison as needed

Can the Board member provide the assistance or

information?

Board member directs the constituent to the board liaison· for assistance and tracking purposes

End

Can board liaison resolve; this issue?

Board Liaison takes appropriate action and enters information

into database

Board liaison notifies· appropriate member of superintendent’s staff

Board liaison briefs superintendent as needed

Board liaison provides board member with an update on

resolution of the issue. End

Board liaison prepares periodic reports for the Board showing constituent services requests,

issues, and resolution and customer satisfaction

Board liaison enters information into database

Superintendent's staff takes appropriate action and follows

up with board liaison

Board-liaison briefs superintendent as needed

Board liaison provides board member with an update on

·resolution of the issue

End

Policy 1120 CONFLICT OF INTEREST

Each Board member has the obligation to consider any private, personal, or business interest that may significantly affect the Board member's action on a matter before the Board. When conflicts of interest occur, each Board member has the obligation to declare that conflict and abstain from participating or voting in the issue.

1120.1 Acting as an agent for those furnishing supplies to schools.

No Board member may have any pecuniary interest in supplying goods to the school system or act as an agent for one who supplies goods.

1120.2 Misuse of confidential information.

A Board member shall not use confidential knowledge of pending Board action to gain any pecuniary benefit from the action or aid another to do so.

1120.3 Contracting for personal benefit.

A Board member shall not in an official capacity make any contract for his or her own benefit, or be in any way concerned or interested in making such a contract or in the profits thereof. A Board member shall not have an interest in any transaction involving public funds that involves any firm, corporation, partnership, person or association that has had a financial association with the Board member during the preceding two years.

1120.4 Board member financial interest in school supplies.

The Board shall not buy school supplies in which any Board member has a pecuniary interest, regardless of whether the interested Board member abstains from voting in the matter.

Legal Reference: G.S.14-234, -237; Legal Reference: G.S.115C-48 Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

Policy 1130 BOARD MEMBER OPPORTUNITIES FOR DEVELOPMENT

Individual Board members are expected to be familiar with state school laws, regulations of the State Department of Public Instruction, and current district policies, rules, and regulations.

1130.1 Each Board member shall undergo at least 12 hours of training each year relevant to the duties of the Board of Education. The Superintendent shall assist Board members in attending training and shall assist Board members in keeping track of their compliance with this policy. All expenses of such training shall be reimbursed.


Policy 1135 NEW BOARD MEMBER ORIENTATION

The magnitude of Board membership calls for knowledge of and orientation to many areas of information and understanding. Under the guidance of experienced Board members and the Superintendent, orientation will be provided to new Board members through activities such as: 1135.1 Workshops for new Board members conducted by state and area school board associations;

1135.2 Discussions and visits with the Superintendent and other members of the school system staff;

1135.3 Provision of printed and audiovisual materials on school board and administrative policies and procedures;

1135.4 Attendance at school board and administrative conferences and conventions on a local, area, state, and national basis; and

1135.5 Other activities deemed beneficial.

Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

Policy 1140 BOARD MEMBER REIMBURSEMENT

The Durham Public Schools Board of Education shall establish annually a specific amount of money to be included in the school budget to cover Board member stipends and reimbursement of expenses incurred in the performance of duties.

Members of the Board of Education shall be paid:

1140.1 A regular monthly stipend;

1140.2 Travel expenses (not to exceed the amount predetermined by the Board) incurred for attending workshops or conferences or for conducting official Board business.

Legal Reference: G.S.115C-38; Legal Reference: G.S.153A-92 Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

Policy 1200 OATH OF OFFICE

On the first Monday in July following the election of Board members, or the first meeting of the Board following an appointment to fill a vacancy, the members-elect shall give the following oath or affirmation:

I, _________________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Education for the Durham Public Schools; that in the discharge of said duties, I will fairly and diligently consider all issues coming before the Board of Education so that every student is provided with an equal opportunity to learn, and so that each school provides an environment in which every student is encouraged and can reasonably be expected to realize his or her maximum educational potential, without regard to their, or my, place of residence within Durham County, so help me God.

Legal Reference: G.S.115C-37(d); N.C. Const. Art. VI, 7; Resolution of Durham County Board of Commissioners dated 29 January, 1992 Adopted Effective: July 1, 1999

Policy 1205 VACANCIES ON THE BOARD

Vacancies on the Board shall be filled by the remaining members by appointing to the seat a resident from the voting district or consolidated district of the member being replaced, or at large if the seat is at large. The remaining members shall have 60 days to fill a vacancy. 1205.1 Contingent Appointment: If the remaining members of the Board are unable to agree on a replacement within 60 days, the County Commissioners shall have 60 days to name a replacement. If the County Commissioners are unable to agree, the Clerk of Court shall be authorized to appoint a candidate to serve for the remainder of the unexpired term.

1205.2 Length of Term: If the vacancy occurs later than 60 days before the school board election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to June 30 immediately following the first school board election held more than 60 days after the vacancy occurs. At that election, a person shall be elected to the seat vacated for the remainder of the unexpired term.

Resolution of Durham County Board of Commissioners dated 29 January, 1992 Adopted Effective: July 1, 1999

Policy 1505 LEGAL DEFENSE OF SCHOOL BOARD MEMBER OR EMPLOYEE

The Durham Public Schools Board of Education may provide for the legal defense of a civil or criminal action brought against a Board member if a majority of the Board finds it is in the best interest of the school system to do so. Authority to make a like determination on behalf of a school employee is assigned to the Superintendent.

1505.1 Cost of defense may be offered only if the Board member or employee was sued or charged in connection with acts or omissions made in the course and scope of the person's duties as a Board member or employee.

1505.2 Cost of defense in criminal matters may be provided only if it appears that the Board member's or employee's action or omission was not because of fraud, corruption or malice on the part of the Board member or employee.


5230 -OUTSIDE EMPLOYMENT/CONFLICT OF INTEREST

Responsibilities related to employment with the Durham Public Schools shall take precedence over any form of outside employment. Outside employment is not allowed when it prevents the employee from performing responsibilities in an effective manner or when it raises any question of conflict of interest should the employee's position in the school system provide access to information or other advantage useful to an outside employer.

5230.1 Conflicting Business Interests

General Principles: An employee of the Durham Public Schools shall not engage in selling goods or services to the public school system and shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with duties and responsibilities in the school system.

Goods Used by The Schools: No school employee may serve as an agent for any manufacturer, merchant, dealer, publisher, or author of any merchandise to be used in the Durham Public Schools. No school employee may receive any gift, reward or promise of reward for recommending or procuring the use of any goods by the Durham Public Schools.

Private Business Interests: No staff member shall engage in any type of private business during school time or on school property.

Confidentiality: No school employee may use confidential information obtained in the course of employment for pecuniary benefit or allow another to do so.

5230.2 Gifts

No gifts from any person or group desiring to do business with the school system shall be accepted by a school employee except for nominally valued instructional products or advertising items that are widely distributed. This is not intended to prohibit the receiving of reasonable or appropriate gifts by school personnel from students and parents.

5230.3 School Resources

Employees will not use Durham Public Schools facilities, equipment, or materials in performing work outside the school system. Employees will not use expendable school resources for non-work related reasons.

Legal Reference: G.S.115C-36; Legal Reference: G.S.14-234.1, -236 Cross Reference: Policy 2035 - Use of School Facilities Policy 2036 - Use of School Equipment and Materials

Adopted Effective: July 2, 1992 Revised Effective: July 1, 1999

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