agenda · 2015-16 partnership agreement this contract is made this 27 day of may, 2015 by and...

AGENDA Durham Public Schools Board of Education

Instructional Services Committee

June 1, 2015

Fuller Administration Building, 511 Cleveland Street, Durham, NC

1. Call to Order

2. Moment of Silence

3. Agenda Review and Approval

4. Public Comment

5. Instructional Services Committee Meeting Minutes

I. May 4, 2015

6. Reports

I. 2015-2016 Contract for Museum of Life and Science

II. 2015-2016 Contract for Communities in Schools

III. 2015-2016 Contact for Discovery Education

IV. Follow-Up on Local Assessments

V. Exceptional Children’s Update

VI. Timeline for Superintendent’s First-Year Evaluation

VII. Summary of Follow Up Items

VIII. Adjournment

Mission Statement

In collaboration with our community and parents, the mission of Durham Public Schools is to provide all students with an outstanding education that motivates them to reach their full potential and enables them to discover their interests and talents, pursue their goals and dreams, and succeed in college, in the workforce and

as engaged citizens.

Date: June 1, 2015

Durham Public Schools

INSTRUCTIONAL SERVICES COMMITTEE

PRECIS

Agenda Item: Instructional Services Committee Minutes

Staff Liaison Present: Dr. Stacey Wilson-Norman, Ed.D. Phone #: 560-3874

Main Points:

Attached for committee consideration and approval is a draft copy of the following minutes:

May 4, 2015

Fiscal Implications:

None

Strategic Plan Alignment:

N/A

Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney __________

Minutes of the

Instructional Services Committee of the Board of Education


May 4, 2015

The Instructional Services Committee of the Durham Public Schools’ Board of Education held

a meeting on Monday, May 4, 2015, at 4:30 p.m. in the Board Room, Fuller Administration

Building - 511 Cleveland Street, Durham, NC.

Committee Members Present

Minnie Forte-Brown, Chairperson; Matt Sears, Co-Chairperson; Natalie Beyer; Heidi Carter;

Leigh Bordley; and, Mike Lee.

Administrators Present

Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent for

Academic Services; Hugh Osteen, Deputy Superintendent of Operations; Dr. Julie Spencer,

Assistant Superintendent of Research and Accountability; John McCain, Area Superintendent;

Jackie Ellis, Area Superintendent; and, Marcia Pearson, Chief Information Officer.

Attorney Present

None

Call to Order/Moment of Silence

Chairperson Minnie Forte-Brown called the meeting to order and presided over a moment of

silence.

Agenda Review and Approval

Chairperson Minnie Forte-Brown made a motion to approve the agenda. The motion passed

unanimously.

General Public Comment

None

Approval of Minutes The minutes were unanimously approved as written.

Reports

2015-2016 Teacher Quality and Recruitment

Public Comment: None

Donna Cash, Coordinator of Talent Development, and Tom Crabtree, Assistant Superintendent

of Human Resource Services, presented an update on their accomplishments with recruiting,

developing, and retaining effective teachers. The plan included the strategies for teacher and

principal recruitment, as well as the implementation of providing teacher and principal support

through a variety of targeted professional development opportunities from trained beginning

teacher mentors and principal coaches. The need to accomplish the plan was stressed and a wish

list will be created for the board’s review.

The Board had a full discussion. The agenda item was presented for information.

| Instructional Services Committee-May 4, 2015

Making Connections: Sustaining Empowered Leadership 2015-2016

Public Comment: None

Dr. Wilson-Norman provided an extensive overview of the 2015-2016 instructional plan and

related needs. The report included the desired outcomes of instructional and leadership practices,

the alignment, description, and effective execution by utilizing common language for high

quality instruction. The three year framework was introduced in addition to the programs,

procedures, partnerships, and next steps.

The Board had a full discussion regarding the report. Leigh Bordley and Heidi Carter requested

to meet with Dr. Wilson-Norman for deeper insight of the framework.

Summary of Follow-up Items

No follow-up information was required.

There being no further business, Minnie Forte-Brown adjourned the meeting at 6:02 P.M.

Date: June 1, 2015



PRECIS

Agenda Item: Museum of Life and Science Memorandum of Agreement

Staff Liaison Present: Timothy Gibson Phone #: (919) 560-3897

Main Points:

• Provide science kits for classroom use in kindergarten through fifth grade in all elementary

schools on a rotating basis.

• Memorandum of Agreement is a continuation of an established partnership with the Museum of

Life and Science.

• The administration is presenting this item for discussion and subsequent board approval.


• This contract is supported through local funds

Purpose


Reviewed by: Finance: Attorney:

Museum of Life and Science/Durham Public Schools Partnership

Elementary School Science Program Enrichment

2015-16 Partnership Agreement

This Contract is made this 27 day of May, 2015 by and between the Durham Public Schools

Board of Education (“DPS” or “District”) and the NC Museum of Life and Science (“Museum”

or “Provider”) for the time period of August 1, 2015 to June 30, 2016.

For and in consideration of the mutual promises set forth in the Contract, the parties do mutually

agree as follows:

I. Obligations of Museum. The Museum agrees to provide the following services to

Durham Public Schools Board of Education (DPS):

Science Resources The Museum will build science kits for K-5 based on the

2015-16 curriculum. Materials lists for each kit will be created by the Museum

and agreed to by the Museum and DPS. For each K-5 classroom, the Museum

will provide single-unit or double-unit kits in the following amounts:

K – four single-unit kits per classroom (up to 140 classrooms)

1 – four single-unit kits per classroom (up to 140 classrooms)



4 – two double-unit rotations per classroom (up to 140 classrooms)

5 – two double-unit rotations per classroom (up to 140 classrooms)

This number of kits provides for both year-round and traditional calendar schools.

Select materials will be stored at the schools or sent to the schools’ science

contacts and shared among multiple teachers. Any additional kits will require an

additional contract.

1. Program Coordination The Museum’s Manager for Innovation and Learning and

the Science Education Resources Coordinator are responsible for communications

between the Museum and Durham Public Schools. They will communicate kit

needs with DPS’s Science K-5 Specialist in a timely manner and attend meetings

as-needed with DPS staff.

II. Obligations of DPS. DPS agrees to:

1. Compensate Museum for services rendered over a 12-month period with total

payment not to exceed $235,000. Provider shall submit to DPS an itemized invoice,

and DPS will remit four payments of $58,750 due as follows: August 1, 2015,

November 1, 2015, February 1, 2016 and a final payment on May 1, 2016.

2. Provide a Museum science contact from each participating elementary school to

facilitate scheduling and communications for kits and educational programs. The

name and contact information of the science contact will be provided in writing to the

Museum staff on or before August 1, 2015. The science contacts will participate in a

training session at the beginning of the year where they review the process of kit

delivery, check-in, inventory, and the ordering of live animals with Museum staff.

They will check kits into schools and provide materials requests to the Museum

within one week of kit delivery. At the end of each unit, each school will coordinate

the inventory and in-school storage of kit materials according to District guidelines.

3. Provide a list of the number of teachers per grade for each school. Changes to this list

must be made at least six weeks prior to kit pick-up.

4. The Science K-5 Specialist will:

a. Approve materials lists for new kits.

b. Arrange an annual training with the DPS science contacts and Museum staff.

c. Collaborate with the Museum to create a kit delivery schedule and provide the

schedule to Museum staff no less than six weeks before the first rotation

begins. Any requests for a change to the rotation schedule must be submitted

in writing to the Museum no later than August 1, 2015. The feasibility of

requests for changes received after August 1, 2015, will be evaluated on a

case-by-case basis due to structured distribution schedules.

d. Send the delivery schedule and quarterly delivery reminders to science

contacts.

e. Communicate kit needs with the Museum’s Science Education Resources

Coordinator in a timely manner and attend meetings as-needed with Museum

staff.

5. Provide transportation of K-5 Infrastructure kits between the Museum, the Bacon

Street facility and Durham Public Schools through the district courier system.

6. Provide all replacement items above and beyond the agreed materials budget within

thirty days following receipt in writing prepared by the Museum staff. In the event

that the Museum must purchase any of these items to maintain the refurbishment

schedule, the cost will be reimbursed by Durham Public Schools within thirty days of

receiving purchasing paperwork (receipts, invoices, etc.) with the approval of the

Science K-5 Specialist.

7. Provide support in assuring that kits are inventoried and maintained in good

condition. Schools will follow District guidelines for inventorying non-consumable

kits at the end of each unit and for requesting new materials for the following year.

III. Ownership. The K-5 Infrastructure kits shall remain the property of DPS at all times.

IV. Advertising. It is the policy of the Museum that its name shall not appear in any

advertising or endorsement without express written permission, which may be sought

from the President of the Museum.

V. Termination. Either party, with 30 days written notice, may cancel this agreement. In

the event that the Contract is cancelled before the end of the 2015-16 school year,

DPS shall be required to pay for actual services rendered on a proportionate basis.

For each K-5 unit, DPS shall pay one quarter of $235,000. If DPS has paid more than

the required amount as set forth above, the Museum shall reimburse DPS for the

excess payment amount within 10 business days of written notice of cancellation.

VI. Termination for Default. At any time, DPS may terminate this Contract

immediately and without prior notice if provider is unable to meet goals and

timetables or if DPS is dissatisfied with the quality of services provided.

VII. Contract Funding. It is understood and agreed between the Provider and DPS that

DPS’s payment obligation under this Contract is contingent upon the availability of

appropriated funds from which payment for Contract purposes can be made.

VIII. Lunsford Act. Provider acknowledges that N.C. General Statute 14-208.18 prohibits

anyone required to register as a sex offender under Article 27A of Chapter 14 of the

General Statutes from knowingly being on the premises of any school. This

prohibition applies to persons required to register under Article 27A who have

committed any offense in Article 7A of Chapter 14 or any offense where the victim of

the offense was under the age of 16 years at the time of the offense.

IX. Criminal Background Checks. The Museum shall conduct criminal background

checks on each of its employees who, pursuant to this Agreement, engage in any

services on DPS property or at DPS events. The Provider shall provide

documentation that criminal background checks were conducted on each of its

employees prior to hiring, and shall refuse employment to any person convicted of a

felony or any other crime, whether misdemeanor or felony, that indicates the person

poses a threat to the physical safety of students, school personnel or others. Such

check shall include an annual check of the State Sex Offender and Public Protection

Registration Program, the State Sexually Violent Predator Registration Program, and

the National Sex Offender Registry. Provider shall not assign any employee or agent

to provide services pursuant to this Contract if (1) said worker appears on any of the

listed registries; (2) said worker has been convicted of a felony; (3) said worker has

been convicted of any crime, whether misdemeanor or felony, involving sex,

violence, or drugs; or (4) said worker has engaged in any crime or conduct indicating

that the worker may pose a threat to the safety or well-being of student or school

personnel. DPS reserves the right to prohibit any individual employee of Provider

from providing services on DPS property or at DPS events if DPS determines, in its

sole discretion, that such employee poses a threat to the safety or well-being of

students, school personnel or others.

X. Relationship of Parties. The Provider shall be an Independent Contractor of DPS

and nothing herein shall be construed as creating a partnership or joint venture; nor

shall any employee of the Provider be construed as an employee, agent or principal of

DPS.

XI. Compliance with Applicable Laws, Policies, and Directives of DPS Staff.

Provider shall comply with all applicable laws and regulations in providing services

under this Contract. Provider represents that it is aware of and in compliance with the

Immigration Reform and Control Act, and that it will collect properly verified I-9

forms from each employee providing services under this Contract. Provider shall not

employ any individuals to provide services to DPS who are not authorized by federal

law to work in the United States. Provider acknowledges that the Durham Public

Schools Board of Education has adopted policies governing conduct on District

property and agrees to abide by any and all relevant DPS policies and the directives

of the Superintendent, the Superintendent’s designee, the school principal or the

school principal’s designee while on District property.

XII. Insurance. Provider agrees to maintain $1,000,000 in general liability and other

appropriate insurance, as well as Workers Compensation in the required statutory

amount, for all employees of Provider participating in the provision of services under

this Contract. Certificates of such insurance shall be furnished by Provider to DPS

and shall contain the provision that the DPS be given 20 days’ written notice of any

intent to cancel or terminate by either Provider or the insuring company.

XIII. Indemnification. Provider shall indemnify, defend and hold harmless the DPS, its

school board members, officers, agents, and employees from and against all claims,

actions, demands, costs, damages, losses and/or expenses of any kind whatsoever, in

whole or in part, proximately caused by the negligent or willful acts or omissions of

the Provider, its agents and/or employees, including but not limited to court costs and

attorney’s fees incurred by Provider in connection with the defense of said matters.

In addition, DPS shall indemnify, defend and hold harmless the Museum, its officers,

agents, and employees from and against all claims, actions, demands, costs, damages,

losses and/or expenses of any kind whatsoever, in whole or in part, proximately

caused by the negligent or willful acts or omissions performed by DPS, by its

employees or students, including but not limited to court costs and attorney’s fees

incurred by the Museum in connection with the defense of said matters.

XIV. Assignment. The Provider shall not assign, subcontract, or otherwise transfer any

interest in this Contract without the prior written approval of DPS.

XV. Contract Modifications. This Contract may be amended only by written

amendments duly executed by and between DPS and the Provider.

XVI. North Carolina Law. North Carolina law will govern the interpretation and

construction of the Contract.

XVII. Entire Agreement. This Contract constitutes and expresses the entire agreement

and understanding between the parties concerning the subject matter of this

Contract. This document, the purchase order, if any, used in connection herewith

and any other document incorporated in this Contract by reference, supersede all

prior and contemporaneous discussions, promises, representations, agreements

and understandings relative to the subject matter of this Contract.

XVIII. Severability. If any provision of this Contract shall be declared invalid or

unenforceable, the remainder of the Contract shall continue in full force and

effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year

indicated below.

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION

By: Heidi Carter, Board Chair

_____________________________

(Signature)

Attest: Dr. Bert L’Homme, Superintendent

_____________________________

(Signature)

Durham Public Schools Board of Education

511 Cleveland Street

PO Box 30002

Durham, NC 27702

This instrument has been pre-audited in the manner required by the School Budget and Fiscal

Control Act.

By: Aaron Beaulieu, Durham Public Schools Chief Financial Officer

_____________________________________________________ __________________

Signature Date

NC MUSEUM OF LIFE AND SCIENCE

By: ________________________________________________________

Title: _______________________________________________________

Signature: ___________________________________________________

NC Museum of Life and Science

433 Murray Avenue

Durham, NC 27704

Museum of Life and Science 2015-2016

Memorandum of Agreement

Instructional Services Committee June 1, 2015

Timothy Gibson, M.S.A. Director of Elementary Teaching & Learning

Museum of Life and Science Memorandum of Agreement Overview

• Provide science kits for classroom instruction in all elementary schools, grades K through 5, on a rotating basis

• Contract is a continuation of an established partnership with the Museum of Life & Science

Scope of Service

• Museum assembles kits, order supplies, and coordinates with DPS elementary science coordinator to arrange delivery of kits to elementary schools

Funding Implications

• Museum is the sole source provider for this service

• Contract reduced from $299,500.00 to $235,000.00 (Cost savings of $64,500.00)

• Contract paid with local funds

Date: June 1, 2015



PRECIS

Agenda Item: Communities in Schools Memorandum of Agreement

Staff Liaison Present: Stacey Wilson-Norman, Ed.D. Phone #: (919) 560-3874

Main Points:

Partnership with Communities to Schools to provide dropout prevention program for the

following schools: Durham Performance Learning Center, Northern, Hillside, and Southern.

The administration presents this item for discussion and subsequent board approval.


Supported through local funding

Purpose



Memorandum of Agreement

2015-16 School Year

Communities In Schools of Durham and Durham Public Schools

I. Background and Introduction

This document defines the responsibilities of Communities In Schools of Durham (CISD) and Durham Public Schools (DPS). The following agreement is designed to assist CISD and Durham Public Schools in the delivery of effective programs. By bringing caring adults and resources into Durham Public Schools to address the unmet needs of students, CISD creates a comprehensive, coordinated and accountable system. CISD ensures that the services provided by an array of partners are interconnected and integrated to provide support based on assessed student and school needs.

In the spirit of creating a strong partnership on behalf of students, families and the community, CISD and Durham Public Schools agree to collaborate toward accomplishing the CIS mission and assume the responsibilities identified in this agreement. The mission of CISD is to surround students with a community of support, empowering them to stay in school and achieve in life. CISD works toward fulfilling its mission by providing dropout prevention programs for elementary, middle and high school students in Durham County. CISD uses existing resources efficiently and leverages funding to effectively provide students with the CIS Five Basics:

A one-on-one-relationship with a caring adult;

A safe place to learn and grow;

A healthy start and a healthy future;

A marketable skill to use upon graduation; and

A chance to give back to peers and community.

II. Communities In Schools of Durham will:

1. Develop and operate programs for DPS’ children with the overall mission aimed at helping students stay in school and achieve in life. With a funding match from Durham Public School, CISD will fully implement and operate the CIS Site Coordinator Model program during the 2015-16 School Year at the following partner schools:

Durham Performance Learning Center

Northern High School

Hillside High School

Southern School for Energy and Sustainability

2. Provide timely and consistent communication regarding problems or issues in the effective delivery of the program or service.

3. Provide opportunities for the schools to access services for students, teachers and families. Programs and services are based on the CIS Five Basics.

4. Conduct a needs assessment at each CIS school site to determine needed resources and that may be provided through the CIS model.

5. Measure progress on agreed upon outcomes. Gather data related to outcome

measurement and goal planning and enter into the CIS Data Management System (CISMD).

6. Provide volunteers to all CISD partner schools to serve in capacities such as

tutors, mentors, proctors and other requests as needed. CISD will ensure that all volunteers will be screened in accordance with DPS requirements and complete a comprehensive orientation process.

7. Develop an Annual Site Plan, for each school where CISD has a presence, that

provides written expectations and goals for each school year by which the effectiveness of the services delivered can be evaluated.

8. Provide periodic reports to site and district leadership, based on progress toward goals in the Annual Site Plan.

9. Maintain, in accordance with state and federal law, the confidentiality of all

student education records and student information. CISD agrees to hold such information in confidence and not disclose such information to third parties or use such information for any purpose other than performing its obligations under this Agreement.

III. Durham Public Schools will:

1. Provide a point of contact and serve as liaison to Communities In Schools of Durham.

2. Develop and continue open communication with the CIS executive director and

CIS site coordinators on a frequent basis to provide timely and consistent information regarding problems or issues and progress toward implementing the Annual Site Plan.

3. Provide reasonable access to a workspace location at each school site for the appropriate delivery of programs and services, including telephone and Internet.

4. Make relevant student data available to CIS in a timely manner for the purpose

of monitoring and evaluating student progress, including items such as student attendance, grades, behavior incidents, and promotion and/or graduation status. Allow CIS to enter relevant student data into the CIS Data Management System (CISDM).

5. Durham Public Schools agrees to perform the background checks for all new staff hired through CISD and volunteers for CISD. The background checks will be consistent with checks performed on new Durham Public Schools employees. Cost of the background checks will be paid by Durham Public Schools. Durham Public Schools will keep all records for the staff and volunteer background checks on file in the county office.

IV. Overall Partnership Goals

Create a cohesive partnership between CISD and the Durham Public School system, allowing for community partnerships, volunteer resources, dropout prevention programs and services to be delivered to the children within Durham Public Schools.

V. Duration This agreement will cover programs and services provided during the time period between July 1, 2015 and June 30, 2016. This agreement shall terminate on June 30, 2016. VI. Fees and Payment

1. CISD programs are funded in part through partnership with Durham Public Schools and in part through donations from private foundations, corporations, individuals, grants and in-kind gifts.

2. CISD will pay costs, salaries, and benefits associated with operating the CIS Site

Coordinator Model at the following schools: Durham Performance Learning Center, Hillside High School, Southern School for Energy and Sustainability and Northern High School. DPS will reimburse CISD as specified in paragraphs 4 and 5 below.

3. In the 2015-16 School Year, program costs to operate the CIS Site Coordinator

program in four Durham Public Schools (listed in Paragraph 2) will total $300,000 or $75,000 per school.

4. For the 2015-16 School Year, DPS will provide 1/3rd of the total CISD program

costs totaling $100,000 at the following schools: Durham Performance Learning Center, Hillside High School, Southern School for Energy and Sustainability and Northern High School. CISD will provide the remaining 2/3rds of program costs through grants, awards, and other fundraising activities.

5. Funding is from July 1, 2015 through June 30, 2016. CISD will invoice DPS on a monthly basis.

VII. Modifications

This agreement may be amended at any time by mutual agreement in writing executed by authorized representatives of Communities In Schools of Durham and Durham Public Schools.

VIII. Termination of Agreement

DPS may terminate this Agreement absolutely and without further obligation by providing CISD with written notice 30 days in advance of the date of termination.

This Agreement may be terminated at any time upon the mutual agreement of both Parties.

IX. Access to DPS Premises

All parties acknowledge that N.C. General Statute 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statues from knowingly being on the premises of any school or other facility dedicated to the care of minors.

The public schools and school-sponsored events of Durham County shall remain at all times under the authority of the Board, the Superintendent, and the individual school principals. CISD shall ensure that its agents, employees and volunteers comply with any and all rules, regulations, or directives of the Board, the Superintendent or Superintendent’s designee at all times while all on school premises or at school-sponsored events.

X. Records and Confidentiality of Student Information

CISD agrees that all student records obtained by its employees, agents, or volunteers while working pursuant to this Agreement shall be subject to the confidentiality and disclosure provisions of applicable federal and state statutes and regulations, and the Board’s policies. No employee, agent, or volunteer of CISD shall forward to any person other than parent or authorized Board employee any student record, including, but not limited to, the student’s identity, without the written consent of the parent and a Board administrator.

XI. Insurance

CISD agrees to maintain $1,000,000 in general liability, $1,000,000 in automobile liability, and other appropriate insurance, as well as Workers Compensation in the required statutory amount, for all employees participating in the provision of services under this Contract. The Durham Public Schools Board of Education shall be named by endorsement as an additional insured on the General Liability policy. Certificates of such insurance shall be furnished by CISD to the School System and shall contain an endorsement to provide the School System at least 10 days’ written notice of any intent to cancel or terminate by either Provider or the insuring company. Failure to furnish

insurance certificates or maintain such insurance shall be a default under this Agreement and shall be grounds for immediate termination of this Agreement.

XII. Monitoring and Auditing

CISD shall cooperate with the School System, or with any other person or agency as directed by the School System, in monitoring, auditing, or investigating activities related to this Agreement. CISD shall permit the School System to evaluate all activities conducted under this contract as dictated by the School System. CISD shall provide auditors retained by the School System with access to any records and files related to the provision of services under this Agreement.

Communities in Schools of Durham: Durham Public Schools: _____________________________ _____________________________ Beverly Hardin, Executive Director Heidi Carter Executive Director Board Chair ____________________________ _____________________________ Date Date

Community in Schools

Memorandum of Agreement 2015-2016


June 1, 2015

Stacey Wilson-Norman, Ed.D. Deputy Superintendent of Academic Services

Communities in Schools Memorandum of Agreement Overview

• Partner with Communities In Schools (CIS) to provide dropout prevention program for elementary, middle, and high schools.

• CIS selected school sites: Durham Performance Learning Center, Northern, Hillside, Southern.

Scope of Services

Durham Public Schools Communities In Schools

• Provide contact person and serve as liaison to CIS program

• Develop and continue open communication with CIS executive director

• Conduct background checks of new staff hired and volunteers for CIS

• Provide workspace location for each school site

• Provide student data as requested

• Develop and operate program in selected school sites

• Provide opportunities for selected schools to access services for students, teachers, and families

• Provide periodic reports and updates to selected school site principals and district leadership

• Maintain confidentiality of student education records in accordance with stare and federal laws


• Same funding level as 2014-2015

• Supported through local dollars

• Sole Source Provider

Date: June 1, 2015



PRECIS

Agenda Item: Discovery Education Memorandum of Agreement

Staff Liaison Present: Timothy Gibson Phone #: (919) 560-3897

Main Points:

• Provide digital resources for standards-aligned curricular activities, virtual field trips, and other

instructional materials

• Resource is available to all schools and is used to support K-12 curriculum

• The administration presenting this item for discussion and subsequent board approval.


• Subscription supported through local funds

Purpose



THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL NOT BE BINDING ON DISCOVERY EDUCATION, INC., OR ANY OF ITS AFFILIATES, UNTIL FULLY EXECUTED BY AN AUTHORIZED SIGNATORY FOR BOTH SUBSCRIBER AND DISCOVERY EDUCATION, INC. (OR ITS APPLICABLE AFFILIATE).

Subscriber Agreement ("Agreement") made 05/04/2015 between Discovery Education, Inc. ("Discovery") and

DURHAM PUBLIC SCHOOL DISTRICT, NC ("Subscriber")

1. Subject to the terms and conditions of this agreement, Discovery grants to Subscriber, and the educators, administrators, and students (collectively, "Users") enrolled in the school(s) listed in Exhibit A hereto (the "Community") a limited, non-exclusive, terminable, non-transferable license to access Discovery Education streaming Plus via the website currently at http://streaming.discoveryeducation.com, or by any other means on which the parties may agree, and to use Discovery Education streaming Plus as set forth in the Terms of Use located at http://www.discoveryeducation.com/aboutus/terms-of-use/streaming.cfm, as Discovery may revise such Terms of Use from time to time (the Subscription Services "Terms of Use").

2. The "Term" shall be 07/01/2015 through and including 06/30/2016.

3. The pricing for this license (the "Fees") shall be as follows:

Discovery Education Streaming PLUS

Quantity Description Price/Year Discounted Price/Year Total

10 Discovery Education Streaming Plus HS License $3,150.00 $3,075.00 $30,750.00 5 Discovery Education Streaming Plus HS License - LE* $1,550.00 n/a $7,750.00

37 Discovery Education Streaming Plus K-8 License $2,600.00 $2,550.00 $94,350.00 2 Discovery Education Streaming Plus K-8 License - LE* $1,300.00 n/a $2,600.00

Total $135,450.00

*LE means enrollment of less than 200 students

4. The Fees are non-cancellable and are due and payable to Discovery no later than 30 days after receipt of invoice.

5. Subscriber may add schools in the district to this Agreement by written notice to Discovery, setting forth the name and address of the applicable school, the grade level of such schools, the number of students enrolled in each school, and the commencement date of the term for such schools (each, a “School Notice,” and which may be submitted in the form of a purchase order). Upon receipt of a School Notice, the schools referenced therein shall be added to this Agreement and their Licenses shall become effective. Fees for additional schools will be prorated, based upon the number months in the term of the License for such additional school. The Fees for the additional schools shall be due and payable no later than thirty (30) days after the commencement date.

6. All other terms and conditions governing this license shall be as set forth in the Terms of Use, and this Agreement, together with the Terms of Use (solely with respect to Subscriber, as attached hereto as Exhibit B) constitute the complete and exclusive terms of the agreement between the parties regarding the subject matter and supersedes all other prior and contemporaneous agreements, negotiations, communications or understandings, oral or written, with respect to the subject matter hereof. There shall be no modifications to this Agreement unless they are in writing, and duly signed by both parties. In no event shall the terms and conditions of a purchase order or any other purchase agreement amend or modify the terms and conditions of this Agreement or the Terms of Use. In the event of a direct conflict between the terms of this Agreement and the terms of the applicable then-current Terms of Use, the terms of this Agreement shall control.


7. While Subscriber acknowledges that no student personal information is required for the use of any of the basic Discovery Education services, in the event Subscriber or its Users elect to use any of the functionality within the Discovery Education services which provide personalized pages, individual accounts, other user-specific customization, or otherwise submit or upload information, Subscriber represents and warrants that Subscriber has all necessary authorization to provide to Discovery any information it provides through Discovery services in order to use such functions. Consent is required for the collection, use and disclosure of personal information obtained from children through certain online services, and to the extent required, Subscriber consents to Discovery's use of such information in the course of providing the Discovery Education services. Discovery agrees to use any student personal information and data provided to it by Subscriber in compliance with (i) the Children's Online Privacy Protection Act of 1988 ("COPPA"), the Family Educational Rights and Privacy Act of 1974 ("FERPA"), Children's Internet Protection Act ("CIPA") and any other laws, regulations and statutes, all solely to the extent applicable, and (ii) Discovery's standard terms of use and privacy policy.

8. Discovery understands that government entities, such as Subscriber, may be required to disclose information pursuant to applicable open records acts. Prior to any such disclosure, Subscriber shall make any claim of privilege that may be applicable to prevent such disclosure and will make reasonable efforts to give Discovery reasonable prior notice and a reasonable opportunity to resist such disclosure. In all other respects, all provisions of this Agreement ("Confidential Information") shall be kept strictly confidential by Subscriber and may not be disclosed without prior written consent, except for any disclosure required by any order of a court or governmental authority with jurisdiction over Subscriber.

9. This Agreement contains the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein. The terms and conditions set forth herein shall not be binding on Discovery, or any of its affiliates, until fully executed by an authorized signatory for both Subscriber and Discovery (or its applicable affiliate). Signatures may be exchanged in counterparts. Signatures transmitted electronically by fax or PDF shall be binding and effective as original ink signatures.

DURHAM PUBLIC SCHOOL DISTRICT DISCOVERY EDUCATION, INC. By: _____________________________ By: _________________________________ (Signature Required) Title: ____________________________ Title: ________________________________ Printed Name: ____________________ Printed Name: ________________________ Date: ___________________________ Date: _______________________________

Ref. No. O6UJ9C00200P

This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. _____________________________________

(Date)

_____________________________________ (Signature of finance officer)


EXHIBIT A LICENSED SCHOOLS

DISCOVERY EDUCATION SCHOOL INFORMATION REQUIRED

SCHOOL NAME ADDRESS GRADE LEVELS

NO. OF STUDENTS

BETHESDA ELEMENTARY SCHOOL 2009 S MIAMI BLVD, DURHAM, NC 27703 K - 05 650 BROGDEN MIDDLE SCHOOL 1001 LEON ST, DURHAM, NC 27704 06 - 08 800 BURTON ELEMENTARY SCHOOL 1500 MATHISON ST, DURHAM, NC 27701 K - 05 331 CARRINGTON MIDDLE SCHOOL 227 MILTON RD, DURHAM, NC 27712 06 - 08 1,158 C C SPAULDING ELEM SCHOOL 1531 S ROXBORO ST, DURHAM, NC 27707 PK - 05 300 CITY OF MEDICINE ACADEMY 4100 N ROXBORO ST, DURHAM, NC 27704 09 - 12 233 CLUB BLVD HUMANITIES MAG SCH 400 W CLUB BLVD, DURHAM, NC 27704 K - 05 520 CREEKSIDE ELEMENTARY SCHOOL 5321 EPHESUS CHURCH RD, DURHAM, NC 27707 K - 05 850 DURHAM PERFORMANCE LEARNING CENTER 401 N DRIVER ST, DURHAM, NC 27703 09 - 12 48 DURHAM PUBLIC SCHOOLS - HOSPITAL SCHOOL 3000 ERWIN RD, DURHAM, NC 27705 PK - 12 27 DURHAM SCHOOL OF THE ARTS 400 N DUKE ST, DURHAM, NC 27701 06 - 12 1,352 EASLEY ELEMENTARY SCHOOL 302 LEBANON CIR, DURHAM, NC 27712 K - 05 623 EASTWAY ELEMENTARY SCHOOL 610 N ALSTON AVE, DURHAM, NC 27701 PK - 05 576 E K POWE ELEMENTARY SCHOOL 913 9TH ST, DURHAM, NC 27705 PK - 05 396 ENO VALLEY ELEMENTARY SCHOOL 117 MILTON RD, DURHAM, NC 27712 PK - 05 734 FAYETTEVILLE ST ELEM SCHOOL 2905 FAYETTEVILLE ST, DURHAM, NC 27707 K - 05 295 FOREST VIEW ELEMENTARY SCHOOL 3007 MOUNT SINAI RD, DURHAM, NC 27705 K - 05 640 GEORGE WATTS MONT MAGNET SCH 700 WATTS ST, DURHAM, NC 27701 PK - 05 281 GLENN ELEMENTARY SCHOOL 2415 E GEER ST, DURHAM, NC 27704 PK - 05 766 HILLANDALE ELEMENTARY SCHOOL 2730 HILLANDALE RD, DURHAM, NC 27705 K - 05 646 HILLSIDE HIGH SCHOOL 3727 FAYETTEVILLE ST, DURHAM, NC 27707 09 - 12 1,308 HILLSIDE NEW TECH HIGH SCHOOL 3727 FAYETTEVILLE ST, DURHAM, NC 27707 09 - 09 97 HOLT ELEMENTARY SCHOOL 4019 HOLT SCHOOL RD, DURHAM, NC 27704 K - 05 645 HOLTON CAREER & RESOURCE CENTER 401 N DRIVER ST, DURHAM, NC 27703 09 - 12 100 HOPE VALLEY ELEMENTARY SCHOOL 3005 DIXON RD, DURHAM, NC 27707 K - 05 741 J D CLEMENT EARLY CLG HIGH SCH 1801 FAYETTEVILLE ST, DURHAM, NC 27707 09 - 12 322 JORDAN HIGH SCHOOL 6806 GARRETT RD, DURHAM, NC 27707 09 - 12 1,799 LAKEVIEW SCHOOL 3507 DEARBORN DR, DURHAM, NC 27704 06 - 12 257 LAKEWOOD ELEMENTARY SCHOOL 2520 VESSON AVE, DURHAM, NC 27707 PK - 05 455 LAKEWOOD MONTESSORI MIDDLE SCHOOL 700 WATTS ST, DURHAM, NC 27701 06 - 06 65 LITTLE RIVER ELEMENTARY SCHOOL 2315 SNOW HILL RD, DURHAM, NC 27712 K - 05 564 LOWES GROVE MIDDLE SCHOOL 4418 S ALSTON AVE, DURHAM, NC 27713 06 - 08 641 LUCAS MIDDLE SCHOOL 923 SNOW HILL RD, DURHAM, NC 27712 06 - 08 440 MANGUM ELEMENTARY SCHOOL 9008 QUAIL ROOST RD, BAHAMA, NC 27503 K - 05 483 MERRICK-MOORE ELEM SCHOOL 2325 CHEEK RD, DURHAM, NC 27704 PK - 05 705 MIDDLE COLLEGE HIGH SCHOOL 1637 E LAWSON ST, DURHAM, NC 27703 11 - 12 101


DISCOVERY EDUCATION SCHOOL INFORMATION REQUIRED

SCHOOL NAME ADDRESS GRADE LEVELS

NO. OF STUDENTS

MOREHEAD MONTESSORI ELEM SCH 909 COBB ST, DURHAM, NC 27707 PK - 05 177 NEAL MIDDLE SCHOOL 201 BAPTIST RD, DURHAM, NC 27704 06 - 08 692 NORTHERN HIGH SCHOOL 117 TOM WILKINSON RD, DURHAM, NC 27712 09 - 12 1,559 OAK GROVE ELEMENTARY SCHOOL 3810 WAKE FOREST RD, DURHAM, NC 27703 K - 05 947 PARKWOOD ELEMENTARY SCHOOL 5207 REVERE RD, DURHAM, NC 27713 K - 05 687 PEARSONTOWN ELEMENTARY SCHOOL 4915 BARBEE RD, DURHAM, NC 27713 PK - 05 915 RIVERSIDE HIGH SCHOOL 3218 ROSE OF SHARON RD, DURHAM, NC 27712 09 - 12 1,850 R N HARRIS ELEMENTARY SCHOOL 1520 COOPER ST, DURHAM, NC 27703 PK - 05 400 ROGERS-HERR MIDDLE SCHOOL 911 W CORNWALLIS RD, DURHAM, NC 27707 06 - 08 620 SANDY RIDGE ELEMENTARY SCHOOL 1417 OLD OXFORD RD, DURHAM, NC 27704 K - 05 450 SCHOOL FOR CREATIVE STUDIES 5001 RED MILL RD, DURHAM, NC 27704 06 - 12 250 SHEPARD MAGNET SCHOOL 2401 DAKOTA ST, DURHAM, NC 27707 06 - 08 420 SHERWOOD GITHENS MIDDLE SCH 4800 OLD CHAPEL HILL RD, DURHAM, NC 27707 06 - 08 952 SOUTHERN HIGH SCHOOL 800 CLAYTON RD, DURHAM, NC 27703 09 - 12 1,100 SOUTHWEST ELEMENTARY SCHOOL 2320 COOK RD, DURHAM, NC 27713 K - 05 665 SPRING VALLEY ELEMENTARY SCH 2051 NORTHERN DURHAM PKWY, DURHAM, NC 27703 K - 05 600 W G PEARSON ELEMENTARY SCHOOL 3501 FAYETTEVILLE ST, DURHAM, NC 27707 PK - 05 672 Y E SMITH ELEMENTARY SCHOOL 2410 E MAIN ST, DURHAM, NC 27703 K - 05 357

RETURN THE ATTACHED EXHIBIT A WITH THIS SIGNED AGREEMENT


EXHIBIT B Discovery Education Subscription Services: TERMS OF USE

These Terms of Use are incorporated into the Subscriber Agreement solely with respect to Durham Public School District (“Subscriber”)

I. Grant of Rights. Pursuant to a subscriber agreement, purchase agreement, or other similar agreement (herein, the " Agreement") between Discovery Education, Inc. (or one of its related entities) ("Discovery Education"), or its authorized distributor, and the subscribing/purchasing entity (herein, "Subscriber"), for a subscription, license (or the equivalent) to a Discovery Education Subscription Service, including but not limited to, the services currently known as, Discovery Education Streaming, Discovery Education Streaming Plus, Discovery Education Health, Discovery Education Science, Discovery Education Techbook, (and other such services as Discovery Education may introduce from time to time), Discovery Education has granted to Subscriber, and the authorized educators, administrators and students under the Agreement (or, as otherwise defined in the Agreement, the "Users"), for the term of the applicable Agreement, a limited, non-exclusive, terminable, non-transferable license to access a Discovery Education Subscription Service (the "Website") and any and all content included therein (the "Content"), and to download, stream, and edit the Content pursuant to the terms and conditions set forth in the Agreement and these Terms of Use, such grant of rights subject to Discovery Education's rights thereto. Discovery Education may, in its sole discretion, make changes to the Website and/or the Content, including but not limited to adding and/or removing video titles or other Content, adding closed-captioning, and implementing new encoding rates. All rights not expressly granted to Subscriber and its Users pursuant to the Agreement are reserved to Discovery Education, and all uses of the Content by Subscriber and its Users not expressly permitted hereunder are prohibited. II. Permitted and Prohibited Uses. a. Use for Educational, Non-Commercial Purposes Only. Subscriber and its Users may use the Website and the Content for bona fide educational and research purposes only, and may not use them in any commercial or for-profit manner. Discovery Education reserves the right, in its sole and absolute discretion, to limit Subscriber's and/or any Users' use of the Website in the event that Discovery Education, in its sole and absolute discretion, deems Subscriber's and/or such Users' use thereof to be inconsistent with educational and research purposes, and/or inconsistent with these Terms of Use. b. Downloading of Content. Users may download, for noncommercial instructional use, including for lesson plans, copies of (i) images and (ii) videos and video clips designated on the website as downloadable. Copies must be deleted or erased after use or expiration of the Term, whichever occurs first. Such downloading shall be for individual User convenience only, and Users may not (1) systematically download any of the Content, (2) create distribution "libraries", or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party outside of the Community (as defined in the Agreement). c. Editing Content. Users may edit videos and video clips designated on the Website as editable, solely in connection with classroom or other school-related projects. Such videos and video clips, as edited by User, as well as any work containing User-edited videos or video clips, may not contain any libelous or unlawful materials or content or any commercial advertising materials, will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability. Under no circumstances may a User convert the Content from digital to analog format, such as by recording a video clip onto a DVD. Violation of this Section II(c) may constitute copyright infringement.


User must maintain all copyright, trademark and proprietary notices included with, attached to or embedded all editable videos and video clips without modification, obstruction or deletion. The Content may include certain ancillary educational materials, such as student activity sheets, blackline masters and teachers' guides ("Ancillary Materials"). User may modify, alter and revise the Ancillary Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Ancillary Materials, in addition to any other proprietary notices, and with the understanding that Discovery Education or its content provider shall continue to own the Ancillary Materials: "Revised with the permission of Discovery Education. Discovery Education and its content providers are not responsible for the content or accuracy of the revision". d. Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User, except as permitted herein. Subscriber and its Users must ensure that the Content is at all times kept on a secure server, viewable only by Subscribers and/or its Users. If Subscriber wishes to use a third party to host the Content, Subscriber shall notify Discovery Education, and Discovery Education shall have the right to approve the use of such host in advance, in writing, and to approve the terms of agreement between such host and Subscriber. Notwithstanding the foregoing, if Subscriber chooses to use a third party host, Discovery Education disclaims all liability to Subscriber in connection with such third party host, and Discovery Education shall have no responsibility to Subscriber to ensure that such third party host maintains its service. In addition, any Subscriber or User using the Local Host support option must use the Website, rather than a local directory, to search for and access the Content. e. Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website's or the Content's control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content or Discovery Education or its content providers, or in any manner that Discovery Education may, in its sole discretion, deem inappropriate. Subscriber and the Users acknowledge and agree that the Website and the Content possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Discovery Education for which Discovery Education would not have an adequate remedy at law. Therefore, Subscriber agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Discovery Education, Discovery Education shall be entitled to seek injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security. III. Ownership. As between Subscriber, the Users, and Discovery Education, the Website and the Content are the property of Discovery Education, and are protected by United States and international copyright and trademark law. By using the Website and the Content, even as permitted hereunder, neither Subscriber nor any of its Users gain any ownership interest in the Website or the Content. IV. Security and Use of Passwords. Each User shall have a valid username, password, passcode, and in certain circumstances, IP authentication, for the purpose of accessing the Website and the Content (the "Log-In Information"). Subscriber and its Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Subscriber and its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Website and/or the Content by unauthorized persons using a User's Log-In Information. Unauthorized access to or use of the Website and/or the Content by someone using a User's Log-In information may be attributed to such User. V. Citations. User must include citation information, including Discovery Education or the applicable content provider (if identified) as the source, for all portions of the Content used in any end product.


VI. User Contributions. Users may have the opportunity, at Discovery Education's discretion, to contribute User-created content, materials, and/or information to certain areas of the Website. Users who choose to contribute such content, materials, and/or information, or any other content, materials, and/or information, agree to the terms set forth in the User Generated Content Policy. VII. Communications from Discovery Education. Discovery Education may periodically contact Users for customer service purposes. By accessing the Website and the Content, Users consent to receive such communications. Subscriber shall promptly provide Discovery Education with any and all information regarding its Users and/or use of the Website and the Content by its Users that Discovery Education reasonably requests. Subscriber agrees that Discovery Education may reference its business relationship with Subscriber in its marketing, press releases or sales materials. VIII. Changes to Terms of Use. Discovery Education reserves the right to change these Terms of Use from time to time. Such changes will become effective when Discovery Education posts the revised Terms of Use on the Website. Users should check the Terms of Use from time to time, as they are bound by the Terms of Use posted on the Website at the time of access. Any revised Terms of Use shall supersede all previous versions. IX. Termination of the Agreement; Effect of Termination or Expiration In the event that Subscriber breaches any term of the Agreement, or Subscriber and/or any of its Users breach these Terms of Use, and such breach is not cured within 10 days after receipt of notice thereof from Discovery Education, Discovery Education may terminate the Agreement in whole or in part immediately upon written notice to Subscriber. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable. Upon expiration or prior termination of the Agreement, all rights granted herein shall revert to Discovery Education; all access to and use of the Website and the Content by Users must cease; all materials downloaded from the Website must be erased, deleted, or destroyed. X. No Warranties, Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. XI. Release. To the extent permitted by law, Subscriber and its Users release and waive all claims against Discovery Education, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of User's use of the Website and the Content. California residents waive any rights they may have under Sec.1542 of the California Civil Code, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Subscriber and its Users agree to release unknown claims and waive all available rights under California Civil Code Sec. 1542 or under any other statute or common law principle of similar effect.


XII. Representations/Indemnity. Subscriber represents and warrants that (i) it has full power and authority to enter into the Agreement, and to agree to all the terms and conditions contained therein and in these Terms of Use, and has received all parental and other permissions required to permit Discovery Education to obtain and retain information (including personal information) from Users; (ii) only Subscriber or its Users shall access the Website and the Content; (iii) Subscriber and its Users will at all times use the Website and the Content only as expressly permitted by the Agreement and these Terms of Use; (iv) in the event that Subscriber requests that Discovery Education customize the Website interface with Subscriber's trade name, trademarks or logos, and/or digitize and/or encode and/or host any of Subscriber's content on the Content and/or the Website, Subscriber has the right to so use and exploit any and all such trade names, trademarks, logos and content, including without limitation any and all underlying elements (the "Subscriber IP"), and (v) the Subscriber IP, any content, materials, and/or information contributed by Users, and any revisions to the Content by Users does not and will not contain any libelous, unlawful or infringing materials or content, will not infringe upon any party's proprietary rights, including without limitation statutory or common-law copyright, trademark and right of privacy, and will not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability. To the extent permitted by law, Subscriber and its Users shall defend, indemnify and hold Discovery Education, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, officers, shareholders, employees, agents and representatives of each of the foregoing, harmless against and from any and all claims, damages, liabilities, costs and expenses arising out of any violation by Subscriber and/or its Users of these Terms of Use, any downloading of the Content, any modification or edit made to any portion of the Content, and the use of any portion of the Content with products or services not supplied by Discovery Education. All representations, warranties, and indemnities shall survive the expiration or prior termination of the Agreement. XIII. Reporting Infringement. By accessing and/or using the Website and the Content, Users agree to report to Discovery Education all claims or suspected claims of copyright or other infringement of Discovery Education's intellectual property or other proprietary rights. Claims of infringement should be directed to Legal Department, Discovery Education, One Discovery Place, Silver Spring, Maryland 20910. If you believe that any information on the Website infringes on your copyright, you should notify Discovery Education of your claim in accordance with the following procedures. Discovery Education will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Discovery Education's designated agent of service: Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Service Provider: AT&T Name of Agent Designated to Receive Notification of Claimed Infringement: Aaron Holbert Full Address of Designated Agent to Which Notification Should Be Sent: Aaron Holbert, Legal Affairs, Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910. Telephone Number of Designated Agent: 240.662.0000 Facsimile Number of Designated Agent: 240.662.1903 E-Mail Address of Designated Agent: [email protected] To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and


6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice to our Users by means of a general notice on any of our Websites, electronic mail to a User's e-mail address in our records, or written communication sent by first-class mail to a User's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. XIV. Miscellaneous. Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof. This Agreement shall be construed and enforced under the laws of the State of Maryland, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Maryland. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof. By using the Discovery Education Websites, you agree to abide by the terms of these Terms of Use. We hope you enjoy using the Discovery Education Websites, and we welcome suggestions for improvements. Last updated September 9, 2014

Discovery Education 2015-2016 Subscriber Agreement

Instructional Services June 1, 2015

Timothy Gibson, M.S.A. Director of Elementary Teaching & Learning

Discovery Education Subscriber Agreement Overview • Provide digital resources for standards-aligned

curricular activities, virtual field trips, and other instructional materials

• Resource is available to all schools and is used to support K-12 curriculum

Scope of Service

• Online K-12 instructional resource available to all schools for teaching and learning


• Subscriber renewal for continued availability to all schools

• Slight cost increased from $133,795.00 to $135,450.00 ($1,655.00 increase)

• Increase cost attributed to price adjustment made by provider

• Subscription paid with local funds

Date: June 1, 2015



PRECIS

Agenda Item: Local Assessment Plan follow-up

Staff Liaison Present: Stacey Wilson-Norman, Ed.D. Phone #: (919) 560-3874

Main Points:

Administration will provide an overview of the local assessment plan for follow-up

discussion from the April 6, 2015 Instructional Services Committee meeting.

Administration will present four local assessment options for schools to select for the

2015-2016 school year.

The administration is presenting this item for discussion and subsequent board approval.


None at this time.

Purpose



Local Assessment Plan 2015-2016

1


Stacey Wilson-Norman, Ed.D.

Deputy Superintendent of Academic Services

Follow Up Tasks:

• Review the current local assessments and assessment systems

• Develop ways to make assessments more meaningful

• Reduce the number of assessments given

Assessment Subjects/Area Grades/Level Local/State Participation

Option Frequency

# Schools

(if optional)

Time

Requirement

Common District

Assessment (CDA)

English

Language Arts,

Mathematics,

Science

3-8; Math I,

Biology, English II Local Optional

Per unit;

at least

quarterly

38/55 One class

period or less

Performance Tasks All subjects K-12

Local Required Usually

quarterly

Not to be

optional

Varies;

embedded in

instruction

Year-end

CUMULATIVE*

Math, Reading,

Science

3-8; Math I,

Biology, English II Local Optional Annually 26/55 Extended

Year-end

COMPREHENSIVE*

Math, Reading,

Science

3-8; Math I,

Biology, English II Local Optional Annually 22/55 Extended

mCLASS Literacy 4-5

(lowest 20%) Local Required

3 times/year

30/30

Average 30

minutes

Assessment Options Previously Presented:

WHAT DO WE WANT TO ACCOMPLISH?

Updates:

• Use 2015-2016 as a transition year

• Create a tiered approach

• Provide options that schools can tailor to meet their needs

• Require (1) comprehensive district-wide assessment to be given mid-year


Option Frequency Time

Requirement

Common District

Assessment (CDA)

English Language

Arts, Mathematics,

Science

3-8; Math I,

Biology, English II Local Optional

Per unit; at least

quarterly

One class period

or less

Mid-Year Assessment* Math, Reading,

Science

3-8; Math I,

Biology, English II Local Required Annually Extended

Option 1: 2015-2016 • Aligns to units of instruction • Measures content standards • Utilizes short assessments, 10-20 questions • For use at the PLC level

*Required


Option Frequency Time

Requirement

Mid-year Assessment * Math, Reading,

Science

3-8; Math I, Biology,

English II Local Required Mid-year Extended

Year-end CUMULATIVE Math, Reading,

Science

3-8; Math I, Biology,

English II Local Optional End of Year Extended

Option 2: 2015-2016

• Comprehensive mid-year assessment • Cumulative year-end assessment

*Required


Option Frequency

Time

Requirement

Performance Tasks All subjects K-12 Local Optional Quarterly

Varies; embedded

in instruction

Mid-Year Assessments* Math, Reading,

Science

3-8; Math I,


Option 3: 2015-2016 • Performance tasks are aligned to each unit • Tasks can be altered and enhanced by teachers • For use at the PLC level

*Required


Option Frequency

Time

Requirement

Mid-Year Assessments* Math, Reading,

Science

3-8; Math I,


Option 4: 2015-2016 • The only required* assessment • Cumulative and aligned to the standards that have been taught

*Required

HOW DO WE ACCOMPLISH THE PLAN?

Establish a committee to:

• Review current local assessment options

• Create a long-term local assessment plan that supports data-driven decision-making

Report Dates:

• October 1, 2015

• December 1, 2015

• February 1, 2016

DISCUSSION

Date: June 1, 2015



PRECIS

Agenda Item: Exceptional Children’s Department Update

Staff Liaison Present: Kristin Bell, Ed.D. Phone #: (919) 560-2503

Main Points:

Administration will provide an update of the Exceptional Children’s department,

including staffing, student performance, and program plan and challenges.

The administration is presenting this item for discussion and subsequent board approval.


None at this time.

Purpose



Exceptional Children’s Department


Kristin M. Bell, Ed. D.

Executive Director

What do we want to accomplish? • Improve services of the EC Department • Attract HQ teachers • Improve the academic performance of EC students

Kristin Bell, Ed.D., Executive Director Colette Boddie-Cruz, Administrative Assistant

Elementary

EC Director

Lessley Mader

Middle

EC Director

VACANT

Elementary

Coordinator

Mary Ann

Baldwin

High

Coordinator

Patrice

Thompson

Lead

Psychologist

Wayde

Johnson

Elementary

Coordinator

Adina Moon

Elementary

Coordinator

Candace

Witherspoon

Middle

Coordinator

Alicia

Saunders

CECAS

Coordinator

William

Huffstetler

AU/Therapeutic

Programs

Coordinator

Krista Saunders

Elementary

EC Facilitators

Middle EC

Facilitators

High

EC

Facilitators

Transition

Specialist

Sarah Laughhunn

CECAS Data Analyst

Valarie Valentine

EC/ESL Lead

Interpreter

Melinda Lane

High

EC Director

Wanda Carter

EC Treasurer

Shenise

Stewart

EC Organizational Structure

Number of EC Teachers:

DPS has a total of 2372 Teachers: ▪ 265 (11.17%) are EC Teachers ▪ 83 (31.32%) obtained their licensure via Lateral

Entry/Alternative Program ▪ 28 (10.57%) of the EC Lateral Entry Teachers

have less than 3 years experience

Current Vacancy Report:

19 EC Teachers as of May 27, 2015

• 1 K-2 EC COPE

• 1 Pre-K

• 3 MU

• 2 Separate AU

• 1 COPE - BED

• 10 Resource/Co-Teachers

• 1 Visually Impaired

8 EC Teachers as of August 18, 2014

• 4 EC Resource/Co-Teachers

• 1 Hearing Impaired

• 2 OCS

• 1 AU

Exceptional Children’s Department

Primary Exceptionality Number of K-12

EC Students

Percentage of K-12

EC Students

Autism 443 10.85%

Deaf-Blindness 2 0.05%

Deafness 5 0.12%

Developmental Delay 216 5.29%

Hearing Impairment 78 1.91%

Intellectual Disability - Mild 225 5.51%

Intellectual Disability - Moderate 127 3.11%

Intellectual Disability - Severe 13 0.32%

Multiple Disabilities 87 2.13%

Orthopedic Impairment 7 0.17%

Other Health Impairment 847 20.74%

Serious Emotional Disability 98 2.40%

Specific Learning Disability 1451 35.54%

Speech or Language Impairment 450 11.02%

Traumatic Brain Injury 16 0.39%

Visual Impairment incl. Blindness 18 0.44%

Total DPS EC Students 4083 100.00%

Primary Exceptionality Number of EC Students

Pre-K -12th Grade

Percentage of Pre-K - 12 EC Students

Autism 554 12.19% Deaf-Blindness 2 0.04% Deafness 5 0.11% Developmental Delay 433 9.53% Hearing Impairment 94 2.07% Intellectual Disability - Mild 225 4.95% Intellectual Disability - Moderate 127 2.79% Intellectual Disability - Severe 13 0.29% Multiple Disabilities 97 2.13% Orthopedic Impairment 8 0.18% Other Health Impairment 851 18.73% Serious Emotional Disability 98 2.16% Specific Learning Disability 1451 31.93% Speech or Language Impairment 542 11.93% Traumatic Brain Injury 24 0.53% Visual Impairment incl. Blindness 20 0.44% Total DPS EC Students 4544 100.00%

Exceptional Children’s Department Pre-K through 12th Grade

EC Data By Setting - April 1, 2015:

Homebound/Hospitalized

PrivateSchoolPlans

Separate<39%

Resource(40%-79%)

Regular>80%

ResidentialFacility

SeparateSchool

Pre-School(3-5)

0.26% 0.29%

16.68%

9.97%

62.52%

0.07% 0.07%

10.15%

2013-2014 Percent of EC Students Career & College Proficient

Reading EOGGrades 3-8

Math EOGGrades 3-8

Science EOGGrades 5 & 8

Math I Biology English II

10% 9%

17%

9%

12%

16%

EC Discipline Data:

18%

82%

2014-2015 Percentage of EC Long

Term Suspensions

EC Students Non-EC Students

22%

78%

2014-2015 Percentage of EC Short Term

Suspensions


19%

81%

2014-2015 Percentage of EC In School

Suspensions


School Number of

Classes Class Type

Burton 2 AU 3-5 AU K-2

Easley 3 COPE 3-5 COPE K-2 MU K-5

EK Powe 3 DN 3-5 DN K-2 MU K-5

Forest View 2 DN 3-5 DN K-2

Hillandale 2 DN 3-5 DN K-2

Holt 2 DN 3-5 DN K-2

Hope Valley 1 AU 3-5 AU K-2

Lakewood 1 MU K-5

Little River 2 AU 3-5 AU K-2

Merrick Moore 2 AU 3-5 AU K-2

Morehead 2 DN 3-5 MU K-5

Oak Grove 3 COPE 2-3 COPE 4-5 COPE K-1

Parkwood 2 AU 3-5 AU K-2

Pearsontown 2 AU 3-5 AU K-2

RN Harris 2 COPE 3-5 COPE K-2

Southwest 2 DN 3-5 DN K-2

Spring Valley 1 AU K-2

Watts 2 AU 3-5 AU K-2

EC Separate Class Information - Elementary

EC Separate Class Information - Secondary

School Number of

Classes Class Type

Brogden 4 AU 6-8 (2) IDMI 6-8 (2)

Carrington 3 COPE 6-8 HFA 6-8 IDMI 6-8

CMA 1 Project Search

DSA 4 AU 9-12 (3) CC 6-8 (IDMO/MI)

Githens 3 AU 6-8 CC 6-8 HFA 6-8

Hillside 4 AU 9-12 (2) IDMO 9-12 MU 9-12

Jordan 3 AU 9-12 IDMO 9-12 (2)

Lowes Grove 4 COPE 6-8 IDMI 6-8 IDMO 6-8 MU 6-8

Lucas 3 AU 6-8 IDMI 6-8 IDMO 6-8

Neal 2 COPE 6-8 IDMO 6-8 MU 6-8

Northern 4 AU 9-12 HFA 9-12 IDMO 9-12 MU 9-12

RedMill 2 COPE 6-8 COPE 9-12

Riverside 3 IDMO 9-12 (2) MU 9-12

Rogers Herr 1 IDMO 6-8

Shepard 1 IDMO 6-8

Southern 4 AU 9-12 IDMO 9-12 (3)

What do we need to accomplish the plan? ▪ Reduce teacher turnover and increase retention ▪ Establish a pipeline of quality teachers ▪ Obtain quality substitutes ▪ Provide continuous training ▪ Secure classroom space for growing programs

(AU, Pre-K)

How do we accomplish the plan?

On the Horizon for 2015-2016: • Online Initiatives:

– IEP Goal/Objective Data Collections – Functional Behavior Assessments (FBAs) & Behavior Intervention

Plans (BIPs) – Extended Standards Report Cards – Psychological Services Referrals

• Professional Development: – Standards Based IEPs, Video Module, ECF Summer Training

• Other Foci: – Standard Operating Procedures, CPI Training, & Instructional

Support

DISCUSSION

Date: June 1, 2015



PRECIS

Agenda Item: Timeline for Superintendent’s First-Year Evaluation

Staff Liaison Present: Bert L’Homme Phone #: (919) 560-3749

Main Points:

The following timeline outlines the process for the Durham Public Schools Board of Education to

evaluate the superintendent.

On July 15, 2015, the superintendent will present preliminary district performance data to the

Board including academic performance composites, graduation rates, measures of teacher,

student, and stakeholder satisfaction, and attendance rates.

At the first Board committee meeting in August 2015, the Board attorney will provide during

open session an orientation to the superintendent’s evaluation instrument provided by the

Department of Public Instruction as recommended by the North Carolina School Boards

Association.

Board members will have seven days to complete their personal evaluations of the superintendent

and provide them to the Board attorney.

The Board attorney will compile the evaluations and present a draft evaluation to the Board in

closed session the following week.

The Board will give its final evaluation of the superintendent in closed session at the August 2015

Board meeting.


None at this time.

Purpose



agenda · 2015-16 partnership agreement this contract is made this 27 day of may, 2015 by and...

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