new agenda durham public schools board of education monthly … · 2016. 6. 21. · board of...

1. Call to Order 6:30 p.m. 2. Moment of Silence 3. Celebrations 4. Superintendent’s Update 5. Agenda Review and Approval 6. General Public Comment 7. Board of Education Meeting Minutes 8. Consent Agenda

• eduConsulting Contract • 2016-2017 Signature Learning Resources Contract • Annual Security Contract Renewals • Policy 7045 – Resolution of Claims • School Nutrition Budget Update 2015-2016 • E-Rate Applications for the 2016-2017 School Year • Revision to Duke Lease at Duke Homestead Property • Alternative Schools Accountability Model

9. Reports of the Board

• 2016-2017 Work Session Calendar

10. Reports of the Work Sessions I. Operational Services and Policy Work Session

• 2016 Bond Referendum Final Project List • Policy 5265 – Living Wage

II. Academic and Student Support Services Work Session

• The Flippen Group District by Design Agreement

11. Closed Session • Approval of Closed Session Minutes

AGENDA

Durham Public Schools Board of Education Monthly Meeting

June 23, 2016 Fuller Administration Building

511 Cleveland Street, Durham, NC

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.

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• To consider confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-

319. • To consult with the board attorney to preserve the attorney-client privilege as provided

in NCGS 319.11(a)(3). • To consider student information protected under NCGS 115C-402 and the Family

Education Rights and Privacy Act (FERPA), 20 USC 1232g.

12. 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.

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Board of Education PRECIS June 23, 2016

Agenda Item: Celebrations Staff Liaison: Chrissy Deal Phone: 560-9112

Student & Staff Recognition

The Herald Sun/DPS Student(s) Laura Salazar, Riverside High of the Month School.

Community Partners of the Month 100 Black Men of the Triangle and

Edible Arrangements of Sutton Square

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Agenda Item: Minutes Staff Liaison: June Snyder Phone: 560-2502 Main Points: Board of Education Meeting Minutes

• Open Session Minutes – May 26, 2016

Fiscal Implications: Any fiscal implications here Purpose:

Information Discussion X Action Consent

Reviewed by: Finance Attorney

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MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION May 26, 2016

The Durham Public Schools Board of Education held its regular monthly meeting on Thursday, May 26, 2016 at 6:33 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. Board Members Present: Heidi Carter, Chair; Mike Lee, Vice-Chair; Natalie Beyer; Matt Sears and Leigh Bordley. Sendolo Diaminah and Minnie Forte-Brown were absent. Administration Present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Hugh Osteen, Deputy Superintendent of Operational Services; Dr. Debbie Pitman, Assistant Superintendent of Student, Family, and Community Services; Chrissy Deal, Chief Communications Officer; Tom Crabtree, Assistant Superintendent of Human Resource Services and Aaron Beaulieu, Chief Finance Officer. Attorneys Present: Ken Soo Call to Order Chair Carter called the meeting to order and presided over a moment of silence. Celebrations Board Members recognized:

• Herald-Sun and Durham Public Schools Student of the Month: Ryan Bunn, Hillside New Tech High School

• Counselors of the Year: Melissa Rosenberger, Southwest Elementary; Tara Herbert, Githens Middle School; Mariana Muniz-Fraticelli, Jordan High School and Quincy Dowden. Hillside High School.

• Beginning Teachers of the Year: Tiffany Rouse, Bethesda Elementary; Matthew Hickson, Neal Middle School; Hannah McMillan, Early College.

• Transportation Awards: Drivers of the Year; Brenda Liles, James Hawkins III, and Latisha Martin. Monitor of the Year; Pearlie Keith, Cokeita Barrett and Jeanette Risggsbee.

• National Board Certified Teachers: Amanda Rakes, Holt Elementary; Maryellen Finnigan, Little River; Tyreisha Jeffery, Northern High School and Jaclyn Rae Novotny, Hillside High School.

• 4-Year Straight A’s Students: 18 students were recognized for achieving straight A’s their entire high school career.

• Gates Millennium Scholarship: The winners are Anthony Teachey and Tamontae Stanton-Jones from Hillside High School.

• Coca Cola Scholarship: Jalen McGee • G.K. Butterfield’s Congressional District Arts Award: Rene Chavez Lopez • Hillside High School Boys Track: The Hillside High School Track Team won the 2016

4A Track and Field State Championship and set national records.

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Board of Education Minutes May 26, 2016

• NCAE Principal of the Year: Dr. William Logan was named Principal of the Year.

Superintendent’s Update Dr. Bert L’Homme shared the following: Important events in the life of DPS this week

• Teacher of the Year banquet, honoring best of the best, congratulations to Justine Daniel at Githens

• Ms. Daniel started at Githens 10 years ago, started first literary magazine and creative writing club, and challenges her students to, in her words, “OWN IT!”

• Retirement banquet, honoring the teachers and staff who have built a legacy of service to students

• Most importantly, graduation ceremonies today for Early College, CMA and Middle College. Everything we do leads to this moment of graduation

Also some exciting news about our schools and district Coalition of Schools Educating Boys of Color has won a $250,000 grant from the Kenan Charitable Trust

• Will work with us to improve education for male students of color • Using restorative justice practices to drive school change • Will begin work with five pilot schools in January 2017, with on-site guidance and

coaching • Represents our commitment to addressing inequity and closing achievement gaps

And some great things happening at Lowe’s Grove Middle School Howard N. Lee Institute has published this STEM Scholars Dream Book

• These are the thoughts and dreams of students at Lowe’s Grove’s Howard N. Lee Institute STEM Academy

• Students write about what it means to be unique, to stand out, to hope to make meaningful contributions to the community

• Read these students’ essays and be amazed, and put aside any misperceptions of what it’s like to be a student at Lowe’s Grove Middle School

And one last note about Lowe’s Grove—it has just been named the STEM School of the Year by Fidelity Investments

• Award was for a K-12 school in Durham or Wake counties that demonstrated a dedication to a high quality learning experience for all students

• LGMS competed against many public and charter schools in both districts—beat the other two finalists, Wake STEM Early College High School and Envision Science Academy

• LGMS was able to highlight a variety of methods, events and techniques to engage students in STEM learning

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• Congratulations to Lowe’s Grove and to all our schools who innovate and support our students

I want to end with Bettie Closs – Bettie was in the final 17 at the National Spelling Bee in Washington DC. We are so very proud of her. Agenda Review The agenda was approved unanimously. Public Comment Public Comment: There were six people to speak Sheryl Smith – Ms. Smith voiced her concern about the breakfast at Eastway Elementary School and the staff that fix the breakfast. In addition, she voiced a concern with a student. Anita Keith-Foust – Ms. Foust asked to be invited to the meeting concerning the Eastway breakfast. Ms. Foust stated that The Mothers of Durham are working out in the community. She also voiced her concern about telling the public to go online to find the information needed. Some of these people don’t know how to use a computer. Donna Rewalt – Ms. Rewalt stated that she was a DPS parent and was here tonight representing the Cooperative Extension Parents as Leaders Program. Tonight we are here on a field trip to learn how the decisions are made in an organized setting. She added a big shout out to board member Natalie Beyer who met with them and a role model for being an active parent in the schools and being a board member. James Chavis – Mr. Chavis stated that he was a co-facilitator for PAC and a member of the Mayor’s Poverty Initiative Committee. He provided a handout to the Board for review as well as invite the board to the PAC meeting in August. Rhonda Bullock – Ms. Bullock shared that she had spoken before about the systemic racism and asked how the school system was going to address this. Ms. Bullock shared that they are holding a We Are summer camp for grades K-2 and a Summer Institute for Educators at Hillside High School, July 11 – 14. Dr. Allison – Dr. Allison stated that she was very glad to be here to see all the good things happening at Hillside High School. Dr. Allison asked the BOE to get the word out about voting on June 7th Board of Education Meeting Minutes

• April 18, 2016 – Public Hearing Work Session • April 20, 2016 – Magnet Schools Update Work Session • April 28, 2016 - Regular Monthly Meeting

Mike Lee made a motion to approve the Board of Education Meeting Minutes as presented. Natalie Beyer seconded and the motion passed unanimously. Reports of the Board Public Comment: There were no speakers

• 2016-2017 Work Session Calendars

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2016-2017 Schedule of Board of Education Meetings

Tuesdays - Thursdays

Academic & Student Support Services

Work Session

Operational Services &

Policy Work Session

Board Agenda Review

Board Materials Due

Packet to Board/Post

on DPS Website

Board Meeting

August 2

August 11

August 15

August 18

August 19

August 25

September 6

September

15

September 19

September 19

September 19

September 22

October 4

October 13

October 17

October 20

October 21

October 27

November 1

November

10

November 14

November 14

November 14

November 17

November 29

December 8

December 12

December 12

December 12

December 15

January 3

January 12

January 17

January 19

January 20

January 26

January 31

February 9

February 13

February 16

February 17

February 23

February 28

March 9

March13

March 16

March 17

March 23

April 4

April 20

April 24

April 24

April 24

April 27

May 2

May 11

May 15

May 18

May 19

May 25

June 6

June 15

June 19

June 19

June 19

June 22


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Thursdays Only

Academic & Student Support Services Work Session

Operational Services & Policy Work Session

Board Agenda Review

Board Materials Due

Packet to Board/Post on DPS Website

Board Meeting

August 4

August 11

August 15

August 18

August 19

August 25

September 1

September 8

September 12

September 15

September 16

September 22

October 6

October 13

October 17

October 20

October 21

October 27

November 3

November 10

November 11

November 14

November 14

November 17

December 1

December 8

December 12

December 15

December 16

December 22

January 5

January 12

January 16

January 19

January 20

January 26

February 2

February 9

February 13

February 16

February 17

February 23

March 2

March 9

March13

March 16

March 17

March 23

April 3

April 20

April 24

April 24

April 24

April 27

May 4

May 11

May 15

May 18

May 19

May 25

June 1

June 15

June 19

June 19

June 19

June 22

It was decided to bring this item back to the next work session or board meeting.

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Board of Education Minutes May 26, 2016 Reports of the Superintendent

• Update on HB2 Recommendation: Information Public Comment: Two Speakers

Anita Keith-Foust – Ms. Foust voiced her concern with the HB2 law Dr. Allison – Dr. Allison voiced her concern with the HB2 law

Dr. Pitman and school attorney Ken Soo presented guidelines in supporting transgender youth.

Legal Protections (continued)

o The United States Department of Justice (DOJ) and the United States Department of Education have interpreted Title IX’s protections to extend to all students, including transgender students, who do not conform to sex stereotypes. Dear Colleague Letter: Transgender Students (May 13, 2016)

General Guidance for Working with Transgender Students

This document is intended to serve as an outline to familiarize school administrators with topics involving transgender students. It includes common terms used when discussing issues involving transgender students, the current legal landscape for transgender students’ rights, and some day-to-day issues school staff may encounter. It is not possible to address every situation school staff may encounter. Instead, this outline is intended to serve as a guide for the types of questions school officials should consider when they receive requests involving transgender students. We are always happy to discuss and offer advice on specific situations as they arise. Background

• Terminology o A transgender person is an individual whose gender identity (or internal sense of gender) differs from the

individual’s assigned sex at birth (i.e., the sex/gender designation listed on one’s original birth certificate). A transgender female is an individual who was born a biological male but who identifies as a

female. A transgender male is an individual who was born a biological female but who identifies as a male.

o “Gender expression” is the manner in which a person represents gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.

o A “gender transition” is the experience by which a transgender person goes from living and identifying as one’s assigned sex to living and identifying as the sex consistent with one’s gender identity.

• Legal Protections o Under Title IX, a school district may not treat individuals differently on the basis of sex with regard to any

aspect of services, benefits, or opportunities it provides, or subject students to separate or different rules of behavior, sanctions, or other treatment.

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o Title IX permits schools to provide separate, sex-segregated facilities (e.g., bathrooms, locker rooms, shower facilities). Which sex-specific facilities a transgender student may access under federal law is a question currently pending in several courts. The Office for Civil Rights of the U.S. Department of Education (OCR) has said

that transgender students should generally be permitted to use the sex-specific facilities consistent with their gender identity (i.e., a transgender boy should generally be permitted to use the boys’ restroom).

Recently, the United States Court of Appeals for the Fourth Circuit (North Carolina is within the jurisdiction of the Fourth Circuit) decided that the Department of Education’s guidance on this issue is entitled to “controlling weight.” The appeals court did not directly decide whether a transgender boy must be permitted to use the boys’ restroom, but it sent the case back to the trial court because the trial court had not given appropriate deference to the Department of Education’s interpretation of its Title IX regulations when evaluating the transgender student’s complaint that he had been denied access to the boys’ restroom in violation of Title IX. The school board in that case has requested rehearing and review of the decision. G.G. v. Gloucester County Sch. Bd., No. 15-2056 (4th Cir. 4/19/16).

Several other lawsuits are now pending that also involve the question of whether federal law requires transgender students be provided access to the sex-specific restroom consistent with their gender identity and seeking a resolution between DOJ/OCR’s position and North Carolina House Bill 2. House Bill 2 provides that public restrooms and changing facilities must “be designated for and only used by individuals based on their biological sex.”

• Carcaño, et al. v. McCrory, et al., No. 1:16-cv-236 (M.D.N.C. 3/28/16) (alleging that House Bill 2 violates Title IX)

• United States v. North Carolina, et al., No. 1:16-cv-425 (M.D.N.C. 5/9/16) (alleging that House Bill 2 violates Title IX and other federal statutes)

• North Carolinians for Privacy v. U.S. Department of Justice, et al., No. 5:16-cv-245 (E.D.N.C. 5/10/16) (seeking a declaration that House Bill 2 does not violate Title IX)

• McCrory, et al. v. United States, et al., No. 5:16-cv-238 (E.D.N.C.) (this lawsuit does not directly seek a decision based on Title IX, but seeks a declaration that House Bill 2 does not violate other provisions of federal law)

o OCR and DOJ investigate allegations of bullying, harassment, and discrimination involving transgender students under Title IX. Recent OCR investigations have included allegations that transgender students

were denied access to their preferred bathroom (e.g., a transgender boy was denied access to the boys’ bathroom). OCR has included terms in its Resolution

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Agreements that require districts to provide transgender students with access to sex-specific facilities that align with a student’s gender identity.

• Arcadia Unified School District (CA) (2013) (access to restrooms, locker rooms, and overnight field trip accommodations)

• Downey Unified School District (CA) (2014) (access to sex-designated facilities)

• Broadalbin-Perth Central School District (NY) (2015) (restroom access) • Central Piedmont Community College (NC) (2015) (restroom access) • Township High School (IL) (2015) (locker room access)

Day-to-Day Implications • Transition - What do I do when a transgender student wants to start expressing his or her

gender identity at school? o Schools should be receptive to any information the family of a transgender student

wishes to share but should not press for medical or other private information (e.g., details about hormone therapy or sex change operations).

o Ask the transgender student and the student’s family about developing a support team for the student at school The team could include the transgender student, the parent, a counselor or

administrator, and other staff with whom the student has developed a relationship (e.g., a teacher or coach). In cases where the transgender student indicates that his or her parent is not supportive of the student’s gender expression, consult Central Office staff for guidance regarding who to include on the team and how to discuss such information with the parent.

Develop a plan that identifies strategies for supporting the student

• Athletics – What rules apply to a transgender student’s eligibility for sports? o The NC High School Athletic Association sets the rules and regulations for participation

in high school sports. The NCHSAA’s current rule is that a student’s gender is determined by what gender or sex is listed on the student’s birth certificate. As a result a transgender student may participate on the teams that are open to the student’s biological sex.

o In most cases, this may mean that a transgender student is not eligible under the NCHSAA rules to play on the team that aligns with the student’s gender identity. However, there is one area where transgender students may be able to play on a team that is consistent with their gender identity: NCHSAA permits biological female students to participate on certain

traditionally “boys” teams where there isn’t a “girls” team for the sport (i.e., football, wrestling, etc.; even baseball since softball and baseball are considered different).

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The result: Biological girls and transgender boys who are still biological females may participate in football, baseball, wrestling or any other sport where there is no girls’ team at the school in question.

• Extracurricular Activities/Sex-segregated classes – Can transgender students participate in clubs

that typically have single-sex membership? o Transgender students should have the same educational and extra-curricular

opportunities as non-transgender students.

• Bullying and Harassment - How should I respond if transgender students allege they have been bullied or discriminated against?

o Schools should not tolerate bullying or harassment of transgender students and should respond swiftly and effectively to any such behavior.

o Investigate a claim of transgender bullying or harassment just as you would investigate a claim of sexual harassment or racial harassment.

o If bullying or harassment has occurred, consider what action is needed to address and respond to the harassment. Such actions may include: Providing non-disciplinary interventions for the student offender (e.g.,

sensitivity training, counseling) Incorporating the topic of transgender students into any existing bullying

prevention or harassment program Offering a student support team for the transgender student who has been

targeted by the bullying/harassment • The team could include the transgender student, the parent, a

counselor or administrator, and other staff with whom the student has developed a relationship (e.g., a teacher or coach).

• The team can develop a plan that identifies strategies for supporting the student.

• If there is already a team and plan in place and harassment/bullying has occurred, reconvene as a group to consider additional ways to support the student.

Implementing disciplinary interventions for the student offender when necessary to eliminate the bullying and harassment and/or any “hostile environment” created by any bullying or harassment.

• Dress Code – Which dress code rules apply to transgender students?

o Transgender students should be allowed to dress in accordance with their gender identity, including at proms, concert recitals, yearbook photos, etc. Even if much of the dress code is objective (e.g., no see-through, mesh clothing),

staff should use consistency when applying the subjective criteria (e.g., using

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the same criteria for what makes an outfit “physically revealing or provocative” for girls as for transgender girls).

• Student Records –How does a student’s transgender status affect the student’s school record?

o A student’s name in the student’s official record should match the student’s legal name. How can I tell if a student has legally changed his name?

• Types of documents that reflect a legal name change: o Court order with original name and new name o Passport with new name

o If the student has legally changed his or her name, PowerSchool should be updated to reflect the student’s current legal name. There is no need to change the student’s prior records.

• For example, if a 10th grade student legally changes his name, the school does not need to change that student’s records from prior years. However, all new records created by the school should reflect the student’s current, legal name.

Staff should make a note in PowerSchool with dates when the student went by the original name and the date when the student record was updated to reflect the current legal name.

o What entry do I place in the “gender” field in PowerSchool? The school may have a process for relying on identification documents to

complete the gender field (e.g., birth certificate, passport, ID card). If the transgender student’s biological sex is used in PowerSchool, consider the

types of documents in which that information is displayed (e.g., transcripts? classroom rosters?).

• Consider ways to ensure the privacy of records with the student’s biological sex (e.g., placing records in a confidential file, distributing documents in envelopes, removing the “gender” field from any class list or roster)

If the transgender student’s gender identity is used in PowerSchool, consider retaining information in the student’s record with the student’s biological sex and a note of the change.

o What do I do if the transgender student wants to go by a name that reflects the

student’s gender identity (e.g., a transgender female wants to go by Jenny instead of John) but the student has not legally changed her name yet? Explain that the PowerSchool record reflects the student’s legal name, so it

cannot be updated without a legal name change. Offer to add the student’s preferred name in the preferred name field.

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In speaking with the student or referring to the student by name, staff should use the student’s preferred name and pronouns.

• In the prior example, staff should still call the student Jenny and use her/she even if the student’s birth certificate says John.

• Restroom or Locker Room Access - Which restrooms may a transgender student use?

o If transgender students or their parents raise questions about access to restrooms or locker rooms, the goal should be to arrive at a solution that respects the safety, dignity, and privacy of all students while also generally taking into account the student’s gender identity.

o Some transgender students may prefer having access to a private restroom, and such requests should be accommodated to the extent feasible. Some characteristics that may make a private restroom feel less isolating:

• Is the alternative restroom consistently open and available? • Are other students allowed to use the alternative restroom? • Are the alternative restrooms located throughout the school?

o Requests for unrestricted access to facilities associated based on a student’s gender identity (as opposed to biological sex) should be handled on a case-by-case basis, in consultation with central office staff and legal counsel as appropriate. According to the Department of Education, transgender students should generally be provided with access to the facility consistent with their gender identity and not forced to use a private facility. Things to consider when evaluating the request: Can all students still preserve privacy (with curtains, stalls, doors)? Can something be done to provide greater privacy within the restroom/locker

room (e.g., adding doors, adding curtains)? Is the private restroom alternative isolating or hard to access? Is there a specific safety concern about providing access to the group

bathroom? If there is a safety concern, can it be addressed through increased monitoring or supervision of the area?

Is the concern a fear of others’ discomfort? (OCR has said that this is not a reason to deny access to a facility that is consistent with the transgender student’s gender identity)

Has the transgender student offered information from a medical or treatment provider that states the student is undergoing a gender transition and should be treated consistent with his or her gender identity in all settings?

• Note: OCR’s decisions discuss such medical information as context for the complaint, but OCR has not required that a transgender student provide such information in order to receive access to sex-specific facilities consistent with the student’s gender identity. While the school may consider this information, OCR’s decisions suggest such information should not be a requirement for bathroom access.

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o Process for considering restroom requests:

Try to create a safe and open dialogue through in-person meetings with the principal, student, and parents.

• One way to set a productive tone is to start the meeting by asking how the student is doing and letting him or her know that the administration supports him or her and wants to ensure that the school is a safe and welcoming environment.

• Consider having a counselor attend the meeting and to ask if there are any peer issues or other problems of which the school should be aware before addressing the potentially more controversial subjects like bathroom or locker room access.

• The goal of the meeting is for the transgender student and his or her parents to feel respected and able to freely share their thoughts and perspectives. It is not strictly necessary to immediately reach final decisions on all points under discussion.

• If any particular issues cannot be resolved at the initial meeting, the principal can let the family know that he or she appreciates the open dialogue, that it is helpful to have a clearer understanding of their perspective, and that he or she will get back with them soon after considering the issues further.

• This approach shows appropriate respect while ensuring enough time for further internal consultations and/or consultation with legal counsel before any final decisions are made.

• Overnight Field Trips – What kind of accommodations are required for overnight trips?

o Consider following the meeting/support team format discussed in the restroom/locker room section

o Consider the transgender student’s preferences: Does the transgender student have privacy or safety concerns about rooming

with other students? Are there safety concerns about rooming with students of the same biological

sex? Of the same gender identity? Are there ways to address these safety concerns through supervision or monitoring?

Are there other students who will have separate or private rooms? Does the transgender student have a friend with who to share a room and do

both students want to share the room?

Last Updated 5/19/16

Reports of the Work Session I. Operational Services and Policy Work Session

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Board of Education Minutes May 26, 2016 a. Projects for 2016 Bond Referendum Recommendation: Approval Public Comment: Five Speakers Ms. Jacqueline Wagstaff – Ms. Wagstaff voiced her displeasure with the 2016 Bond Referendum Ms. Sheryl Smith – Ms. Smith voiced her displeasure with the 2016 Bond Referendum Ms. Anita Keith-Foust – Ms. Keith-Foust voiced her displeasure with the 2016 Bond Referendum Mr. James Chavis – Mr. Chavis voiced his displeasure with the 2016 Bond Referendum Dr. Allison – Dr. Allison voiced her displeasure with the 2016 Bond Referendum Deputy Superintendent Hugh Osteen presented information on the 2016 Bond Referendum. He stated that the amount we are seeking keeps changing. The County said they will support $90 million. He recommended option #4 at $110 million or the chart handed out at $100 million. Option 4 has a new elementary ‘C’ and the replacement of Northern. In the $100 million proposal numerous items were taken out, however the replacement of Northern is still in. After a very thorough discussion and numerous questions asked and answered, the Board voted for Option #4. A Resolution Requesting the Board of Commissioners for the County of Durham to Provide Funds for Additional School Facilities in the Durham Public Schools Administration Unit was unanimously voted on to ask the Board of Commissioners to provide $110 million. (Resolution and Durham Public Schools Bond Program, handed out in the meeting is attached at the end of the minutes)

Closed Session Motion Mike Lee made a motion to go into closed session to approve the closed session minutes, to consider confidential personnel matters under NCGS 143-318.11(a) (6) and 115C-319, to consult with the board attorney to preserve the attorney-client privilege as provided in NCGS 318.11(a) (3), and to consider student information protected under NCGS 115C-402 and the Family Education Rights and Privacy Act (FERPA). Leigh Bordley seconded and the motion passed unanimously. The Board convened in closed session at 9:25 p.m. Open Session The board reconvened in open session at approximately 10:17 p.m. Personnel Approval Dr. L’Homme recommended approval of the May 26, 2016, Personnel Reports. Natalie Beyer made a motion to approve the Personnel Reports dated May 26, 2016. Mike Lee seconded and the motion passed unanimously. Having no further business, the meeting adjourned at approximately 10:19 p.m.

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Board of Education Minutes May 26, 2016 ________________________________________ Heidi Carter, Board Chair Durham Public Schools Board of Education ________________________________________ Dr. Bert L’Homme, Superintendent Durham Public School

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Mike Lee, Matt Sears,

Natalie Beyer and Leigh Bordley

Minnie Forte-Brown and Sendolo Diaminah

Mike Lee

110 million dollars.

20

5

0

2015 -2016

n/a n/a

26th

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Date: June 23, 2016

Durham Public Schools Board of Education

Agenda Item: eduConsulting Firm Staff Liaison Present: Tim Gibson Phone: 919-560-3897

Main Points:

• This contract supports Project WIN (What I Need) which focuses on reading instruction in

Pre-K through first grade at six elementary schools (CC Spaulding, Eastway, Eno Valley, Fayetteville Street, Lakewood, and YE Smith).

• The contract includes 32 days of instructional job embedded, differentiated coaching

tailored to the context of each classroom.

• The grant officially ends at the end of 2016, and the District is requesting a no cost extension and seeking to encumber the funds prior to the June 13, 2016 review session.

Fiscal Implications: The contract is not to exceed $144,000 and grant funds support Project WIN Purpose Information Discussion Action Consent

Reviewed by: Finance Attorney __________

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2016-2017 eduConsulting Firm

Tim Gibson Director, K-5 Teaching and Learning


June 23, 2016

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EDUCONSULTING FIRM • Provides job-embedded, differentiated

coaching for teachers at the six Project WIN (What I Need) elementary schools

> CC Spaulding, Eastway, Eno Valley, Fayetteville Street, Lakewood and YE Smith

> Targets reading instruction in Pre-K through first grade

> Provides 32 days of instructional coaching at each of the six schools

• Contract is a continuation of services which began in the 2015-2016 school year

• Cost is $144,000.00 • Contract is paid from Project WIN Grant

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Date: June 23, 2016


Agenda Item: 2016-2017 Signature Learning Resources Contract Staff Liaison Present: Suzanne Cotterman Phone: 919-560-2000 ext. 26011

Main Points:

• The 2016-2017 Signature Learning Resources, Inc. contract will serve approximately 275

Durham County preschool children, as identified by Durham Public Schools (DPS), who have speech and language needs as mandated by PL 99-457.

• The Signature Learning Resources, Inc. staff serving DPS students will be required to

provide speech and language services and case management to identified children, attend DPS professional development opportunities, attend meetings and parent-teacher conferences, and serve the children and families of Durham County in the same capacity as DPS speech and language pathologists.

Fiscal Implications:

• The contract is not to exceed $250,000.00

• The rate did not increase from the 2015-2016 school year.

• Federal funds are used to support this program Purpose Information Discussion Action Consent

Reviewed by: Finance Attorney C. Waller

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June 23, 2016

Suzanne Cotterman, Director of Pre-K

2016-2017 Signature Learning Resources

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Overview of Contract

• Speech and language services for approximately 275 children

• Equates to 8-9 FTE SLTs

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Scope of Service

• IEP services -parent conferences, IEP

meetings, DPS trainings, case management

• SLPs for unusual circumstances /geographic challenges/child specific needs

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Funding Implications

• Signature chosen through bid process

• Same payment amounts as 2015-2016

• Contract paid with federal funds

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Date: June 23, 2016


PRECIS

Agenda Item: Annual Security Contracts

Staff Liaison Present: Hugh Osteen Phone # 560-3831 Tina Ingram 560-3607

Main Points:

The Security Department submits the following annual contracts for review and approval:

o NC Detective Agency (NCDA) Burglar Alarm Responseo Durham County Sherriff’s Office (DCSO) Security Liaisono Durham County Sherriff’s Office (DCSO) School Resource Officers (SRO)

• There are no material changes in the contract partners or partnership

Administration submits these items for discussion and approval.

Fiscal Implications: These contracts will decrease by a total of $8,460.65

Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney S R

.

.

X

44

1

Security Services

Executive Summary for Burglar Alarm Response Contract

Background

Security Services contracts with North Carolina Detective Agency (NCDA) for after hours burglar alarm response and building checks.

The contract was awarded in July 2015 in the amount of $140,860.00. The 2016-17 contract is in effect from July 1, 2016 – June 30, 2017 in the amount of $127,477.50.

Attachments:

Burglar Alarm Response Contract

Recommendation

Security Services recommends approval of the Burglar Alarm Response Contract for July 1, 2016 through June 30, 2017.

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1

Security Services

Executive Summary for Durham County Sheriff’s Office MOU

Background

Security Services contracts with Durham County Sheriff’s Office (DCSO) for a Security Liaison

The MOU was awarded in July 2015 in the amount of $92,292.18. The 2016-17 Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office is in the amount of $93,687.41.

Attachments:

Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office

Eighth Memorandum of Understanding Amendment

Recommendation

Security Services recommends approval of the Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office for July 1, 2016 through June 30, 2017.

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1

Security Services

Executive Summary for Durham County Sheriff’s Office MOU

Background

Security Services contracts with Durham County Sheriff’s Office (DCSO) for 7 School Resource Officers (SRO). DCSO provides 17 SRO’s

The MOU was awarded in July 2015 in the amount of $443,679.85. The 2016-17 Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office is in the amount of $447,206.47.

Attachments:

Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office

Eighth Amendment to the Interlocal Cooperation Agreement

Recommendation

Security Services recommends approval of the Resolution Authorizing Expenditures for Renewal of Agreements with the Durham County Sheriff’s Office for July 1, 2016 through June 30, 2017.

58

RESOLUTION AUTHORIZING EXPENDITURES FOR RENEWAL OF AGREEMENTS WITH THE DURHAM COUNTY SHERIFF’S OFFICE

WHEREAS, the Durham Public Schools Board of Education (“Board”) and the Durham County Sheriff’s Office (“Sheriff”) maintain agreements regarding the services of School Resource Officers and a Liaison between the Board and the Sheriff; and

WHEREAS, the Board and the Sheriff amended the agreements for the fiscal year beginning July 1, 2015 to include automatic renewal provisions providing for the Sheriff to notify the Board by February 15 of each year of the anticipated change in the cost of the services for the following school year; and

WHEREAS, the Sheriff has informed the Board that the cost of the SRO agreement will be $447,206.47 for the fiscal year beginning July 1, 2016 (compared to $443,679.85 the previous year) and the cost of the DCSO Liaison agreement will be $93,687.41 for the fiscal year beginning July 1, 2016 (compared to $92,292.18 the previous year); and

WHEREAS, the Board finds that the best interests of the Durham Public Schools would be served by approving the amended expenditures listed above for the renewed agreements;

NOW, THEREFORE, BE IT RESOLVED by the Durham Public Schools Board of Education that:

The Durham Public Schools Board of Education authorizes the expenditure of the funds described above for the purpose of continuing the agreements with the Sheriff for the fiscal year beginning July 1, 2016.

ADOPTED this _____ day of _________________, 20__.

___________________________________ Heidi Carter Chairperson

(Corporate Seal)

ATTEST:

_________________________________ Dr. Bert L’Homme Superintendent

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Date: June 23, 2016


PRECIS

Agenda Item: Policy #7405 – Resolution of Claims

Staff Liaison Present: Scott Denton Phone # 560-3822

Main Points: Current Policy #7405 grants the Risk Management Committee settlement authority for

claims up to $50,000 per claim.

Surry Insurance, our insurance broker, recommends granting settlement authority to the Risk Management Committee to match our deductible of up to $75,000 per claim.

The attached policy revision changes settlement authority for the Risk Management Committee to match our deductible.

Administration submits this policy revision for discussion and approval.

Fiscal Implications: None

Purpose


Reviewed by: Finance ________ Attorney KS

X

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Edits

Policy 7405 RESOLUTION OF CLAIMS

As part of and in accordance with its risk management program, the Board delegates the following authority to resolve legal claims arising from school system activities when settlement is in the best interest of the school system based on an assessment of the merits of the claim, the availability of potential defenses, the anticipated costs of litigation, and other relevant factors.

The Superintendent or designee is authorized to resolve claims for injury to persons or property by payment of a sum not to exceed $10,000.

A risk management review committee shall be established to consider and resolve claims in excess of the Superintendent's authority. The risk management review committee will have at least four members, composed of Senior Administrative positions the Associate Superintendent for Administrative Services, the Assistant Superintendent of Human Resources Services, the Assistant Superintendent of Operational Services, and the Executive Director, or equivalent senior administrative positions in these areas as designated by the Superintendent. The committee is authorized to resolve all claims by payment of a sum within the self-insurance retention of the risk management program, not to exceed $50,000 $75,000.

The Superintendent or designee and the risk management committee shall act in consultation with legal counsel for the Board in evaluating and settling claims and shall follow guidelines for resolution of claims that are consistent with the requirements of state and federal law.

Workers' compensation claims

Workers' compensation claims will be processed in accordance with the requirements of applicable state law and regulations. The Superintendent or designee and the risk management committee are authorized to approve final settlement and release of any workers' compensation claim within the limits set forth in this policy for the resolution of claims.

Legal Reference:

Revised Effective: July 1, 2016

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Final

Policy 7405 RESOLUTION OF CLAIMS

As part of and in accordance with its risk management program, the Board delegates the following authority to resolve legal claims arising from school system activities when settlement is in the best interest of the school system based on an assessment of the merits of the claim, the availability of potential defenses, the anticipated costs of litigation, and other relevant factors.

The Superintendent or designee is authorized to resolve claims for injury to persons or property by payment of a sum not to exceed $10,000.

A risk management review committee shall be established to consider and resolve claims in excess of the Superintendent's authority. The risk management review committee will have at least four members, composed of Senior Administrative positions as designated by the Superintendent. The committee is authorized to resolve all claims by payment of a sum within the self-insurance retention of the risk management program, not to exceed $75,000.

The Superintendent or designee and the risk management committee shall act in consultation with legal counsel for the Board in evaluating and settling claims and shall follow guidelines for resolution of claims that are consistent with the requirements of state and federal law.

Workers' compensation claims

Workers' compensation claims will be processed in accordance with the requirements of applicable state law and regulations. The Superintendent or designee and the risk management committee are authorized to approve final settlement and release of any workers' compensation claim within the limits set forth in this policy for the resolution of claims.

Legal Reference:

Revised Effective: July 1, 2016

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Date: June 23, 2016


PRECIS

Agenda Item: School Nutrition Services Budget Update 2015-2016

Staff Liaison Present: Scott Denton Phone # 560-3822 James Keaten # 560-2654

Main Points:

As of April, 2016, School Nutrition Services (SNS) projects an operating loss for the 2015-2016 school year.

SNS fund balance will not be adequate to offset projected losses.

Administration will provide an overview of the current and projected SNS operating budget for the 2015-2016 school year along with recommendations on how to cover the projected losses.

Administration submits this update for discussion and approval.


School Nutrition Services projects an operating loss for FY 2015-2016.

Purpose


Reviewed by: Finance ________ Attorney __________ X

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April, 2016

School Nutrition Services Budget Update 2015-2016

2015-16 School Nutrition Budget Projections 2014-2015

(Mar) 2015-2016

(Mar) Change Projected (Apr-June)

Projected Year End

Revenue $11,691,208.44 $12,103,909.13 $412,700.69 $4,459,357.65 $16,563,226.78 Expense $12,929,299.43 $13,011,919.57 -$82,620.14 $4,047,596.50 $17,059,516.07 Profit / Loss -$1,238,090.99 -$908,010.44 $432,829.55 $411,761.15 -$496,289.29

Note: The current fund balance at $2.2 million (just over 1 month’s operating expenses of $1.6 million) consists of $1.7 million in equipment and nearly $500,000 in cash. The cash is obligated to fund ongoing monthly expenses and therefore may not be used to offset the projected loss.

Revenue Federal reimbursements increased ($293k) Addition of Maureen Joy Charter and Kipp Catering Contracts ($244k) Significant lack of “profitable” A La Carte sales

o (Sales declined from $1.7 mm in FY 2006-07 to less than $300k in 2014-15)

Expenses Employee expenses increased ($116k)

o Some schools overstaffed with FT, benefits eligible employees $750 bonus & 3% pay increase ($325k) Food cost increase for catering ($92k) and indirect cost ($11k) offset by a decrease in

supplies and other operating cost (-$114k)

Action Items Using attrition, reduce the number of FT employees; replace with PT where possible (saves

hospitalization and retirement costs - $6,600 per FTE annually) o 7 FT positions split into 14 PT positions YTDo 5 FT positions will retire in June, 2016 allowing S/N to further leverage PT positions

One S/N office staff position eliminated as part of RIF (Savings of $63k annually) Consider increase in meal prices for catered meals Restructure menus to reduce high cost menu items and increase profit margins

How does DPS stack up against other LEA’s More than ½ of NC School Nutrition Programs currently operate at a loss 20 school districts in NC have a negative fund balance 21 additional school districts have less than 1 month’s operating expenses The average cost to produce a meal is $3.42 but Federal funding only provides $3.15

April 2016 Administrative Review Audit Commendations for 100% accuracy in benefits issuance, innovative leadership, increased

participation in Summer meals and 100% utilization of USDA commodity allotments Recommendations for utilizing volunteers, changes to alternative breakfast delivery models

and keypad installations for speed of service at cashier stations Findings for incomplete HACCP binders and incomplete production records at one school

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Date: June 23, 2016


PRECIS

Agenda Item: E-Rate Applications for the 2016-17 School Year

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

Main Points:

DPS E-Rate applications were submitted for the 2016-17 school year for Category One telephone and voice services and for Category Two Wi-Fi equipment products.

NC DPI is offering an E-Rate grant for Wi-Fi equipment for schools. DPS has submitted 2016-17 E-Rate applications to take advantage of the grant offering.

Administration submits these applications for discussion and approval.


The 2016-17 IT budget provides for the Category One services; Category Two services will be granted through NC DPI.

Purpose


Reviewed by: Finance ___AB_____ Attorney __________

X

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E-Rate Applications for the 2016-17 School Year

Durham Public Schools participates in the E-Rate program offered through the Universal Service Administrative Company (USAC), the designee of the FCC to run the Schools and Libraries Program.

For the 2016-17 school year, DPS required applications as follows:

1. Category One - Local and Long Distance Telephone services (Voice) 2. Category One – WAN services 3. Category Two – Internal Connections – Wi-Fi and Switching Equipment Purchase

Category One

Local and Long Distance Telephone Services

DPS posted an RFP for a multi-year or month-to-month options for local and long distance telephone voice services. The evaluation of all respondents for voice services resulted in the continued use of our current providers, Frontier Communications of the Carolinas, Inc. and Level III Communications, LLC. For cellular services, the evaluation resulted in the continuation of the monthly services of Verizon Business Global LLC.

Beginning with the 2014-15 school year, the E-Rate program announced that voice services would be reduced over the next four years at a sliding scale until the discount was eliminated. DPS is entering the third of the four-year reduction cycle, which for DPS is 40 percent. Next year’s discount rate will be 20 percent.

WAN Services

DPS applied for the continued annual WAN discount through the E-Rate program using the third year of its three-year contract with Time Warner Cable, which was approved by the Board at its April 2014 meeting. The discount rate for this service is 80%.

Category Two

Internal Connections – Wi-Fi and Switching Equipment Purchase

IMMIX

In February of 2015, DPS Board of Education approved an E-Rate contract to NWN for the purpose of providing Category Two Internal Connections, Wi-Fi Equipment. That contract totaled $3,974,761.69, with DPS’s matching portion of that contract equaling $794, 952.34. DPS deployed one school under this contract, but cancelled the contract at the beginning of 2016 due to the fact that NC DPI was offering technology funding through E-Rate for Wi-Fi and switching equipment. DPS also cancelled the

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related E-Rate awarded funding for all remaining schools and reapplied this E-Rate year using the NC DPI signed contract from its E-Rate award. NC DPI has stated that it anticipates it will be able to fund all of the State’s matching portion of Wi-Fi equipment in the upcoming 2016-17 funding year.

The evaluation of vendors from the NC DPI award resulted in DPS awarding the statement of intent to procure to IMMIX on the DPI contract.

Summary of Application Funding Requests and Anticipated Awards

Category & Eligibility Area

Awarded To Discount Level

Total Amount

DPS Matching Amount

E-Rate Funding

Anticipated Category One – Local and Long Distance

Frontier 40% $100,800.00 $60,480.00 $40,320.00

Category One – Local and Long Distance (PRI services)

Level III 40% $52,800.00 $31,680.00 $21,120.00

Category One –Long Distance

Verizon 40% $300.00 $180.00 $120.00

Category One – Cell Verizon 40% $146,953.68 $88,172.21 $58,781.47

Category One – WAN Services

Time Warner Cable 80% $895,596.96 $179,119.39 $716,477.57

Category Two – Internal Connections – Wi-Fi and Switching Equipment Purchase

IMMIX 80% $3,699,415.28 DPS - $0

NCDPI Anticipated

funding - $739,883.03

$2,959,532.25

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DURHAM PUBLIC SCHOOLS E-RATE MINI-BID EVALUATION FORM CATEGORY 2

PROJECT INFORMATION:

1. The current Durham Public Schools network infrastructure is 99% Cisco equipment. 2. This purchase is for new hardware to update the current Cisco switching infrastructure and

replace and increase wireless coverage in the existing Cisco wireless network. 3. By standardizing on the Cisco platform, we only have one contact to go through for

troubleshooting and submitting support requests. 4. All of the DPS technical support employees are trained on the Cisco platform. 5. The District is set up and currently using the Cisco Prime Management System, which is Cisco’s

single point of management for wired and wireless infrastructure. STATE CONTRACT VENDORS:

VENDOR VENDOR NAME PRODUCT BRAND OFFERED

V1 A3 Communications Aerohive / Aruba / Brocade V2 Applied Network Consulting Group Xirrus / HP V3 CNIC Aerohive / Meraki V4 Converged Networks Brocade V5 ENA Services Aerohive (Managed Offering) V6 IMMIX Group Cisco / Meraki V7 Korcett Holdings Ruckus / Dell

EVALUATION CRITERIA (FOR AUGMENTING CURRENT ENVIRONMENT):

CRITERIA EXPLANATIONS:

• COST OF ELIGIBLE GOODS AND SERVICES: Cost comparison for E-Rate eligible goods and services. • COST OF INELIGIBLE GOODS AND SERVICES: Cost associated with non-ERate eligible goods and

services (i.e. staff training for new hardware platform and new support model training for supporting two different environments).

• HARDWARE COMPATIBILITY: Compatibility with existing Cisco network infrastructure. • SUPPORT COMPATIBILITY: Ability of DPS IT staff to setup, support, and maintain equipment (based

on current workloads). • QUALITY of REFERENCES: Type of reference (educational, K-12, etc.) provided by vendor and

the products referenced in that environment. • PRIOR EXPERIENCE: DPS previous experience with purchasing goods or services from vendor.

CRITERIA (POINTS AVAILABLE) V1 V2 V3 V4 V5 V6 V7

COST OF ELIGIBLE GOODS AND SERVICES (30 points) 15 21 17 28 22 30 22 COST OF INELIGIBLE GOODS AND SERVICES (20 points) 5 5 5 5 5 20 5

HARDWARE COMPATIBILTY (15 points) 5 5 5 5 5 15 5 SUPPORT COMPATIBILITY (15 points) 1 1 1 1 1 15 1 QUALITY OF REFERENCES (10 points) 5 4 10 8 10 6 1

PRIOR EXPERIENCE (10 points) 10 10 10 10 10 10 10 TOTAL (100 points) 41 46 48 57 53 96 44

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VENDOR EVALUATION NOTES:

• COST OF ELIGIBLE GOODS AND SERVICES: Based on provided information, no vendor offered more than 59% off MSRP overall. Our rating was scaled based on 30 pts for 59% discount. Some vendors offered multiple percentages on multiple platforms so an average was calculated (and rounded up) for an overall percentage. We deducted 1 rating point for every 2% below 59%. V5 and V7 did not provide a straight-forward percentage on hardware based on MSRP. Therefore, we estimated a percentage based on current list prices and a random sampling of the prices offered and applied the rating.

• COST OF INELIGIBLE GOODS AND SERVICES: All non-Cisco platform vendors rated low.

• HARDWARE COMPATIBILITY: V6 scored high because they bid a hardware platform that we already use. All other vendors bid hardware that we do not currently use within the District. While we do know the hardware would work, it would take a complete network and wireless redesign and engineering with a complete overhaul on current hardware and replacement of product to get to the same level of performance we currently have today. Additionally, the District has Cisco Wireless Controllers with licensing for 6500 AP’s. Changing from this product line would not be cost-effective because the licenses that could be used from the existing amount would be discarded and would need to be replaced/repurchased with a different brand implementation. With all things being exactly equal in quality, quantity, and cost between the RFP responses, there is a higher cost with a non-incumbent vendor due to the migration factor. In order to migrate from the existing Cisco product to another brand product, our IT staff will have many hours of work in the planning and execution of the migration. The time associated with a change of product would not allow for a timely installation based on the 15-month E-Rate funding.

• SUPPORT COMPATIBILITY: Our IT staff is trained and already supporting the Cisco platform

offered by V6. To choose any other brand would require completely new staff and/or retraining of old staff. V3 offers a Cisco brand wireless solution but it is not compatible with the native Cisco wireless solution that exists in the District.

• QUALITY OF REFERENCES: V7 specifically did not have K-12 contacts so they were scored

lower. Other vendors were rated based on the number of and type of references provided. Relevancy of K-12 environment and of product likeness to be delivered was based on reference material provided.

• PRIOR EXPERIENCE: All vendors scored neutral because DPS has little to no prior experience

ordering goods and services. V3 has only been used as a cabling vendor for the District, not as a product supplier.

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Date: June 23, 2016


PRECIS

Agenda Item: Revision to Duke Lease at Duke Homestead Property

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

Main Points:

The administration has worked with Duke University to eliminate the requirement of building an access drive while expending the lease for another five years.

• This will save approximately $500,000 in 2007 Bond Funds which will be used for othercritical purposes.

Administration submits this revised lease for discussion and approval.


This revision will save Durham Public Schools $500,000 in 2007 Bond Funds.

Purpose


Reviewed by: Finance _________ Attorney ___RM_____

X

75

Revised

Formatted: English (U.S.)

FOURTH ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

BETWEEN DUKE UNIVERSITY (“SELLER”)

AND DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION (“BUYER”)

COVERING A PORTION OF 2900 DUKE HOMESTEAD ROAD, DURHAM, NC 27705 DATED JULY 4, 2010

1. Duke University (“University”) and Durham Public Schools Board of Education (“Board”) (collectively “Parties”) entered a sales agreement for a parcel of land located at 2900 Duke Homestead Road, Durham, North Carolina, on July 4, 2010 (“Agreement”). The Parties entered addenda to this Agreement on January 27, 2011, March 2, 2011, and March 11, 2011. These addenda include obligations that survived the closing of the sale. The Parties also entered a lease of the subject property on July 1, 2012. 2. One term of the addenda and lease pertains to the Board’s obligation to construct a new road access point and new driveway for University’s continued access of the subject property. 3. The Parties agree that construction of a new road access point and new driveway is not necessary and to eliminate any obligation of the Board to construct such ana new road access point or driveway for the University, and the Parties shall mutually agree upon an easement for the location of the access road, agree to work together to address issues associated with identifying an easement for the University’s future access road along the Board’s western property line that prevents entrenchment on wetlands on the Board’s property. identify any necessary easements where Duke’s future access road may cross wetlands on Durham Public Schools’ western property line. The easement will allow for access to the University land but shall not materially interfere with the Board’s use of the remainder of the property. The University shall be responsible for the cost of any such future access road, but the easementThis will be at no additional charge to the University. , so that it will allow for access to the University land but shall not materially interfere with the Board’s use of the property over which the easement is given .Should the University decide to build an access road, the Board shall have final review and approval authority over the proposed project. 4. This Addendum supersedes all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the construction of a new road access point and new driveway. To the extent there may be any conflict between the four corners of this Addendum and other agreements, addenda, or leases entered between the Parties, the terms of this Addendum shall control. 5. Except as herein amended, the remaining terms and provisions of the Agreement For Purchase And Sale Of Real Property dated July 4, 2010 and amended on February 8, 2011, March 2, 2011, and March 11, 2011 and any lease agreements between the parties shall remain in full force and effect.

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION By ____________________________________________

Formatted: Header distance from edge: 0.38", Footer distance from edge: 0.56"

Formatted: Strikethrough

76

Revised

Formatted: English (U.S.)

Hugh Osteen, Assistant Superintendent Date: __________________________________________ DUKE UNIVERSITY By ____________________________________________

Date: __________________________________________

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Final

FOURTH ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

BETWEEN DUKE UNIVERSITY (“SELLER”)

AND DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION (“BUYER”)

COVERING A PORTION OF 2900 DUKE HOMESTEAD ROAD, DURHAM, NC 27705 DATED JULY 4, 2010

1. Duke University (“University”) and Durham Public Schools Board of Education (“Board”) (collectively “Parties”) entered a sales agreement for a parcel of land located at 2900 Duke Homestead Road, Durham, North Carolina, on July 4, 2010 (“Agreement”). The Parties entered addenda to this Agreement on January 27, 2011, March 2, 2011, and March 11, 2011. These addenda include obligations that survived the closing of the sale. The Parties also entered a lease of the subject property on July 1, 2012. 2. One term of the addenda and lease pertains to the Board’s obligation to construct a new road access point and new driveway for University’s continued access of the subject property. 3. The Parties agree to eliminate any obligation of the Board to construct a new road access point or driveway for the University, and the Parties agree to work together to address issues associated with identifying an easement for the University’s future access road along the Board’s western property line that prevents entrenchment on wetlands on the Board’s property. . The easement will allow for access to the University land but shall not materially interfere with the Board’s use of the remainder of the property. The University shall be responsible for the cost of any such future access road, but the easement will be at no additional charge to the University. Should the University decide to build an access road, the Board shall have final review and approval authority over the proposed project. 4. This Addendum supersedes all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the construction of a new road access point and new driveway. To the extent there may be any conflict between the four corners of this Addendum and other agreements, addenda, or leases entered between the Parties, the terms of this Addendum shall control. 5. Except as herein amended, the remaining terms and provisions of the Agreement For Purchase And Sale Of Real Property dated July 4, 2010 and amended on February 8, 2011, March 2, 2011, and March 11, 2011 and any lease agreements between the parties shall remain in full force and effect.

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION By ____________________________________________

Hugh Osteen, Assistant Superintendent Date: __________________________________________

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Final

DUKE UNIVERSITY By ____________________________________________

Date: __________________________________________

79

STATE OF NORTH CAROLINA LEASE AGREEMENT DURHAM COUNTY

LEASE

This Lease Agreement (“Lease”) is made this _______of _____________ by and between Duke University, a North Carolina non-profit corporation (“Lessee”), and the Durham Public Schools Board of Education, a body corporate (“Lessor”).

WITNESSETH: WHEREAS, Lessor purchased a fifty-eight acre parcel (“Parcel”) from Lessee in March 2011; WHEREAS, Prior to conveyance to Lessor, Lessee constructed and maintained three buildings on the Parcel in order to provide storage and for other legal purposes as required by Lessee (“Lessee’s Activities”); WHEREAS, Lessee intended to continue Lessee’s Activities on the Parcel until Lessor began construction of a high school, construction of which was set to commence by September 2012; WHEREAS, after Lessor determined it would not immediately begin construction of a high school, Lessor and Lessee entered a five-year lease in order for Lessee to continue Lessee’s Activities between July 1, 2012 and June 30, 2017; WHEREAS, Lessor does not currently foresee construction of a high school on the Parcel within the next five years; WHEREAS, Lessee desires to lease the Parcel from Lessor for an additional five years in order to continue Lessee’s Activities; WHEREAS, Lessor and Lessee acknowledge that the Parcel may require maintenance and repairs in order for the Parcel to be used for Lessee’s Activities for the five-year period requested by Lessee; WHEREAS, Lessor is authorized to enter into this Lease pursuant to G.S. 115C-518, 115C-524 and 160A-272; and WHEREAS, Lessor and Lessee have determined that it would be in their mutual best interests to enter into an agreement specifying their arrangements for lease of the Parcel, and for the Lessee’s on-going use of the Parcel, and for setting forth the rights, obligations and duties of each party. NOW, THEREFORE, in consideration of the above-stated desires of the parties and

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such other mutual promises and covenants as are set forth below, Lessor and Lessee agree as follows:

ARTICLE I

DEFINITIONS; RULES OF CONSTRUCTION

All capitalized terms used in this Lease will have the meanings specified below, unless the context clearly requires otherwise. “Lease” means this Lease, as it may be duly amended. “Lessee” means Duke University, a North Carolina non-profit corporation. “Lessee’s Activities” means Lessee’s use of the Leased Property to provide storage and for other legal purposes as required by Lessee. “Lessor” means the Durham County Board of Education, a body corporate. “Parcel” means the approximately 58-acre parcel of land located at 2900 Duke Homestead Road, Durham, North Carolina purchased by Lessor from Lessee. “Leased Property” means the approximately 58-acre parcel of land known as a portion of Parcel ID # 126250 which is located at 2900 Duke Homestead Road, Durham, North Carolina and any existing buildings, fences, or other structures or improvements thereon. A map of the Leased Property and a legal description of the Leased Property are attached as Exhibit A and incorporated into this Lease by reference. “Structures” means the existing buildings, fences, and other structures or improvements on the Leased Property. “Lease Term” or “Term” means the term of this Lease pursuant to Article IV.

All references to Articles or Sections are references to Articles or Sections of this Lease, unless the context clearly indicates otherwise.

ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Lessor and Lessee each represents, covenants and warrants for the other's benefit as follows: (a) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated

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by this Lease, results in a breach of the terms, conditions and provisions of any agreement or instrument to which either is now a party or by which either is bound, or constitutes a default under any of the foregoing. (b) To the knowledge of each party, there is no litigation or other court or administrative proceeding pending or threatened against such party (or against any other person) affecting such party’s rights to execute or deliver this Lease or to comply with its obligations under this Lease. Neither such party’s execution and delivery of this Lease, nor its compliance with its obligations under this Lease, requires the approval of any regulatory body or any other entity the approval of which has not been obtained.

ARTICLE III

DEMISING CLAUSE The Lessor hereby leases the Leased Property to the Lessee and the Lessee hereby leases the Leased Property from the Lessor, in accordance with the provisions of this Lease, to have and to hold for the Lease Term.

ARTICLE IV

LEASE TERM AND RENT

4.1 Commencement. The Lease Term shall commence on July 1, 2017. 4.2 Termination. The Lease Term shall terminate on June 30, 2022. Termination of the Lease Term shall terminate the Lessor’s obligations under this Lease and the Lessee’s rights of possession under this Lease, unless otherwise provided in this Lease. 4.3 Rent. Lessee shall pay $3,076 per year as rent for the use of the Leased Property. Lessee’s rent shall be paid on or before July 1 of each year. If the Lease is terminated without cause pursuant to Article XI or with the mutual consent of both parties, Lessor shall refund Lessee a prorated portion of the rent for the unused portion of the year.

ARTICLE V

TITLE TO LEASED PROPERTY; QUIET ENJOYMENT 5.1 Title to Leased Property. Lessor represents and covenants that Lessor owns the Leased Property in fee simple except as set out in matters of record and has the full right to make this Lease. Lessee assumes the burden of conducting a title search or other investigation to its satisfaction. 5.2 Quiet Enjoyment. Lessor hereby covenants that Lessee shall, during the

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Lease Term, peaceably and quietly have and hold and enjoy the Leased Property without suit, trouble or hindrance from Lessor, except as expressly required or permitted by this Lease. Lessor shall not interfere with the quiet use and enjoyment of the Leased Property during the Lease Term. 5.3 Title Insurance. Lessee, at Lessee’s option and expense, may obtain title insurance on the Leased Property.

ARTICLE VI

CONSIDERATION FOR LEASE 6.1 Obligations deemed consideration. In consideration for its acquisition of rights to use the Leased Property during the Lease Term, Lessee undertakes the obligations imposed on it under this Article. 6.2 Maintenance and Repairs of Leased Property. Lessee shall be solely responsible for all upkeep, maintenance, repair, landscaping, pest control, and trash and debris removal for the Leased Property, and for maintaining the Leased Property in a safe, clean, and neat condition, during the term of this Lease. In the event the Leased Property are damaged, including rendering the Leased Property uninhabitable, Lessee shall have the option to rebuild or repair the Leased Property solely at Lessee’s expense. In the event Lessee decides not to rebuild or repair the Leased Property following damage to or destruction of the Leased Property, Lessor shall have no duty to repair or rebuild the Leased Property. Lessee’s agreement to be solely responsible for any and all repairs and maintenance of the Leased Property is a material term of this Lease. Lessor and Lessee agree that Lessee shall not be entitled to any compensation or reimbursement from Lessor for any repairs, maintenance, construction costs, or any other expenses Lessee incurs as a result of Lessee’s use or lease of the Leased Property. Lessee shall be solely responsible for the replacement of any of its personal property damaged or destroyed on the Leased Property. 6.3 Operating Expense. Lessee shall be responsible for arranging for all utilities required for the use of the Leased Property and shall pay directly to the supplier thereof all charges, fees or assessments for connection and use of the utilities. Lessee shall fully and promptly pay for all utilities furnished to the Leased Property and used by Lessee throughout the term of this Lease, and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Leased Property and all activities conducted thereon, except Lessor shall be responsible for paying the City of Durham’s monthly stormwater runoff fee (the fee is currently $256.32 per month). 6.4 Insurance. Lessee shall obtain and maintain in effect during the term of this Lease, a policy of public liability insurance in which Lessor and Lessee shall each be named as insured parties, which policy shall protect Lessor and Lessee from claims in an amount not less than $1,000,000 for personal injury, including death, to any one person and, subject to the same limit for each person, in an amount not less than $2,000,000 for any one occurrence, and from

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claims for property in an amount of not less than $1,000,000 for each occurrence arising from any act or omission of Lessee, its agents, employees, invitees or contractors. Lessee shall obtain and maintain in effect property damage insurance for the Leased Property in an amount deemed acceptable by Lessee to protect Lessee’s interests in the property. In addition, Lessee may, in its sole discretion, maintain property damage insurance for Lessee’s personal property. Lessee shall be solely responsible for maintaining property insurance to cover its personal property and the personal property of its employees, agents, invitees and sublessees. 6.5 Further Obligations. Lessee further agrees to assume all of Lessor’s obligations regarding care, use and operation of the Leased Property, payment of taxes, utilities and other governmental charges, prevention of liens, and repair or replacement of the Leased Property.

ARTICLE VII

IMPROVEMENTS; CONDITION AND USE OF LEASED PROPERTY 7.1 Lessee Improvements. Lessee, with the prior written permission of Lessor, may make such improvements on the Leased Property as it may deem necessary, including any improvements necessary for Lessee’s Activities. Lessor’s approval shall not be unreasonably withheld. Lessee shall be solely responsible for the cost of any improvements. However, Lessee shall not destroy, remove or make any improvements or changes to the Leased Property which would adversely impact the market value of the Leased Property or Lessor’s ability to use the Leased Property upon the termination of this Lease.

Upon the request of Lessor, Lessee at its expense shall make such changes as may be reasonably necessary, in the opinion of Lessor based on the written opinion of a building inspector, fire marshal, licensed structural engineer, or other person with training and expertise regarding building safety issues, to protect persons or property from danger or injury. Notwithstanding the foregoing, Lessor shall be under no obligation to any party to make such inspection or to request any such changes. Lessor may inspect any installation or other work performed on the Leased Property. To the extent that any repairs or changes are occasioned by (a) the acts of Lessee, its agents, servants, employees, contractors, or invitees; (b) any changes or improvements to the Leased Property requested or made by Lessee that are not pursuant to the preceding paragraph; or (c) any violation or breach of any provision of this Lease by Lessee or anyone acting under it; then Lessor may make any required repairs at the expense of Lessee. Lessee shall promptly reimburse Lessor on demand for any such expenses incurred by Lessor. Upon termination of this Lease, Lessor shall take possession and ownership of all improvements to the Leased Property, except for Lessee’s personal property.

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7.2 Condition and Use of Leased Property. Lessor does not represent that the Leased Property is safe for use for any purpose. Lessee shall be solely responsible for ensuring that the Leased Property is in a safe condition prior to occupancy. Lessee shall indemnify, hold harmless and release Lessor from any and all claims related to the condition and suitability of the Leased Property for the Lessee’s Activities. 7.3 Lessee’s Performance and Surrender. Lessee shall comply with all rules, regulations, and laws governing Lessee’s Activities at all times during the term of this Lease. Lessee shall pay all sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease all improvements to the Leased Property, except for Lessee’s personal property, shall automatically become the property of the Lessor. 7.4 No Waste or Nuisance. During the term of this Lease, Lessee shall comply with all applicable laws affecting the Leased Property, the breach of which might result in any penalty on Lessor or forfeiture of Lessor’s title to the Leased Property. Lessee shall obtain any necessary governmental licenses or authorizations required for any construction activities on the Leased Property and for conducting Lessee’s Activities and shall furnish copies of same to Lessor if requested. Lessor shall reasonably cooperate with Lessee’s efforts to obtain necessary licenses and authorizations.

ARTICLE VIII

DISCLAIMER OF WARRANTIES; OTHER COVENANTS 8.1 Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR USE OF THE LEASED PROPERTY OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. In no event will Lessor be liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out of this Lease. Lessee acknowledges that Lessor has not designed or constructed any existing Structures on the Leased Property, that the Lessor has not supplied any plans or specifications with respect thereto and that the Lessor (a) is not a manufacturer of, nor a dealer in, any of the component parts of the Structures or similar facilities, (b) has not made any recommendation, given any advice nor taken any other action with respect to (1) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the Structures or any component part thereof or any property or rights relating thereto, or (2) any action taken or to be taken with respect to the Structures or any component part thereof or any property or rights relating thereto at any stage of the construction thereof, (c) has not at any time had physical possession of the Structures or any component part thereof or made any inspection thereof or any property or

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rights relating thereto, and (d) has not made any warranty or other representation, express or implied, that the Structures or any component part thereof or any property or rights relating thereto (1) will not result in or cause injury or damage to persons or property, (2) have been or will be properly designed, or will accomplish the results which the Lessee intends therefor, or (3) are safe in any manner or respect. 8.2. Further Assurances; Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property hereby leased, or intended so to be, or for otherwise carrying out the intention of this Lease. 8.3 Compliance with Requirements. During the Lease Term, the Lessor and Lessee shall observe and comply promptly with all current and future orders of all courts having jurisdiction over the Leased Property or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies’ written policies covering the Leased Property or any portion thereof.

ARTICLE IX

TITLE TO LEASED PROPERTY Except for personal property purchased by the Lessee at its own expense, title to the Leased Property and any and all additions and modifications to or replacements of any portion of the Leased Property shall be held in the Lessor’s name, notwithstanding the occurrence of any event of damage, destruction, condemnation or construction or title defect.

In no event does the Lessor grant any interest in any property for which Lessor is not the record owner. The Leased Property are leased for the express purpose of allowing Lessee to conduct Lessee’s Activities. The Lessee shall have no right, title or interest in the Leased Property or any additions and modifications to or replacements of any portion of the Leased Property, except as expressly set forth in this Lease, or as otherwise provided by law.

ARTICLE X

SUBLEASING; INDEMNIFICATION 10.1 Assignment and Subleasing. Lessee may not sublet the Leased Property in whole or in part without the consent of Lessor or the Superintendent of the Durham Public Schools, and the making of any such sublease shall not release Lessee from, or otherwise affect in any manner, any of Lessee’s obligations hereunder. Lessee shall not assign or transfer this Lease, or any interest herein, without the prior written consent of Lessor, and consent to an assignment shall not be deemed to be consent to any subsequent assignment. In the event Lessor should transfer its interest in the Leased Property, Lessor shall have no further duties or obligations hereunder provided that the transferee agrees to assume all of the duties and obligations imposed hereunder on Lessor and upon such third party's agreement not to amend, modify or change in any manner whatsoever Lessee’s rights and obligations hereunder. Upon

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such a transfer, Lessee shall, for all purposes expressed herein and incidental hereto, accept such transferee as its Lessor hereunder. Lessor may assign any or all rights, duties and obligations created hereunder without the consent of Lessee provided such third party agrees not to amend, modify or change in any manner whatsoever Lessee’s rights and obligations hereunder and assumes without modification Lessor’s rights and obligations hereunder. In all other circumstances, Lessor shall first have obtained the written consent of Lessee, which consent shall not be unreasonably withheld. 10.2 Hold Harmless and Release. Lessor and Lessee acknowledge that this Lease is entered into pursuant to G.S. 115C-524(b) and that no liability shall attach to Lessor for any personal injury suffered by reason of the use of the Leased Property by Lessee, its employees, agents, sublessees and invitees. In addition, Lessee shall indemnify and hold Lessor harmless from and against any and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever, including costs of investigation (including reimbursement of reasonable legal fees and all costs) which may arise out of or be caused by any act or omission or intentional wrongdoing of Lessee or its agents, employees, invitees or contractors, or which may arise out of or be caused by the maintenance, presence, use, location or removal of any equipment, system, or other property owned, operated or used by Lessee or its agents, employees, invitees or contractors. Lessor shall not be responsible for any damage to Lessee’s property, business, agents, employees, or invitees regardless of the cause of the damage.

ARTICLE XI

DEFAULT; TERMINATION Events of Default; Termination. If Lessee vacates or abandons the Leased Property or fails to perform any other act or obligation as set forth in this Lease and for a period of thirty (30) days following notice from Lessor of such default fails to cure or commence appropriate action to cure such default, Lessor may terminate this Lease. Lessor may also terminate this Lease with thirty (30) days notice if a state, federal, or local agency establishes any condition(s) for occupancy of the Leased Property which Lessee fails or refuses to perform. Lessor and Lessee shall have the right to terminate this Lease without cause with 180 days written notice. No such termination of this Lease shall relieve Lessee of its indemnification obligations and any previously accrued liability and obligations under this agreement and all such liability and obligations shall survive any such termination.

(a) Upon termination or expiration of this Lease, Lessee will surrender the Leased Property to Lessor in as good a condition as existed at the commencement of the Lease except for reasonable wear and tear and in accordance with the terms of this Lease, or for damage due to causes beyond Lessee’s control and without its fault or negligence, or for damage, howsoever caused, to the extent Lessor shall have been compensated for such damage by insurance.

(b) Upon any termination or expiration of this Lease, Lessee shall promptly remove its equipment from the Leased Property without damage to the property of Lessor in accordance with the terms of this Lease. During the period of removal of its equipment, Lessee’s right and obligations with respect to access to the Leased Property shall be the same as those during the period that this Lease is in effect, and until the

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completion of the removal of all such equipment.

(c) If any personal property owned by Lessee shall not have been removed from the Leased Property within thirty (30) days following the termination or expiration of this Lease, Lessor shall have the right to remove such property at Lessee’s expense. (d) Lessor’s failure to enforce or insist upon compliance with any of the terms or conditions of this Lease shall not constitute a waiver or relinquishment by Lessor of any of such terms or conditions. No declaration of default by Lessor under any provision of this Lease shall be deemed to impair or diminish Lessor’s rights against Lessee for any breach of this Lease

ARTICLE XII

MISCELLANEOUS

12.1 Notices. All notices, demands, or other writings which this Lease requires to be delivered, or which may be delivered by either party hereto to the other, shall be deemed to have been fully delivered, when made in writing and deposited in the United States mail, certified mail, return receipt requested, and addressed as follows: To Lessor: Superintendent’s Office Durham Public Schools Post Office Box 30002 Durham, North Carolina 27702-3002 To Lessee: Duke University Real Estate Office

324 Blackwell St., Suite 950 Durham, NC 27701 Attn: Scott Selig

The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. 12.2 Oil, Gas and Mineral Rights. Lessor does not grant, lease, let or demise to Lessee, but expressly excepts and reserves all rights to oil, gas and other minerals in, on or under and that might be produced or mined from the Leased Property; provided, however, that no drilling or other activity will be undertaken on the surface of the Leased Property to recover any oil, gas or minerals during the term of this Lease. 12.3 Government Compliance. Lessee shall maintain and operate all of Lessee’s Activities in compliance with all governmental laws and regulations, including all applicable local, state and federal rules and regulations. 12.4 Hazardous Substances. Lessee shall hold Lessor harmless from and indemnify Lessor against any damage, loss, expense, response costs or liability, including

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consultant fees and attorneys' fees, resulting from hazardous substances generated, stored, uncovered, discovered, disposed of or transported to, on or under the Leased Property as a result of Lessee’s use of the Leased Property. For purposes of this Lease, "hazardous substances" shall mean (i) any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, (ii) any substance which is flammable, radioactive, corrosive or carcinogenic, (iii) any substance the presence of which on the Leased Property causes or threatens to cause a nuisance or health hazard affecting human health, the environment, the Leased Property or Leased Property adjacent thereto, or (iv) any substance the presence of which on the Leased Property requires investigation or remediation under any hazardous substance law, as the same may hereafter be amended. "Hazardous Substance Law" means the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42, U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801 et seq.; the Clean Water Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Emergency Planning and Community Right to Know Act (SARA Title III) 42 U.S.C. §11001 et seq.; and any applicable state law or regulation. Lessor shall provide Lessee with the most recent AHERA Management Plan for the Leased Property within one week of the execution of this Lease. Lessee shall comply with all requirements of the current and any future AHERA Management Plans, and Lessee shall perform all actions required by the then current AHERA Management Plan and/or any state, federal, or local agency for occupancy of the Leased Property, including but not limited to, making repairs and improvements to the Leased Property, and removing or encapsulating any asbestos. Lessee shall pay all expenses associated with conducting inspections and reinspections of the Leased Property for asbestos as required by state or federal laws. In addition, Lessee shall comply with all rules, regulations, and laws governing access and maintenance in areas containing asbestos. 12.5 Condemnation. If the whole of the Leased Property, or such portion thereof as will make the Leased Property unusable for the purposes herein leased, is condemned by any legally constituted public authority, then this Lease, and the term hereby granted, shall cease from the time when possession thereof is taken by the public authority. Any lesser condemnation shall in no way affect the respective rights and obligations of Lessor and Lessee hereunder. However, nothing in this paragraph shall be construed to limit or adversely affect Lessee’s right to an award of compensation from any condemnation proceeding for the taking of Lessee’s leasehold interest hereunder or for the taking of Lessee’s improvements, fixtures, equipment, and personal property. The provisions of this Lease governing Lessee Improvements and their removal shall be applicable should termination occur due to condemnation. 12.6 Binding on Successors. The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 12.7 Access to Leased Property. Lessee and its officers, employees, agents, contractors and invitees shall have full access (twenty-four (24) hours per day, seven (7) days

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per week) to the Leased Property during the term of this Lease. 12.8 Governing Law. This Lease and the relationship of the parties shall be governed by the laws of the State of North Carolina. 12.9 Entire Lease. All of the representations and obligations of the parties are contained herein, and no modification, waiver or amendment of this Lease or of any of its conditions or provisions shall be binding upon a party unless in writing signed by that party or a duly authorized agent of that party empowered by a written authority signed by that party. The waiver by any party of a breach of any provision of this Lease shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or of any other provision or condition of the Lease. 12.10 Mechanic's Liens. Lessee will not cause any mechanic's or materialman's lien to be placed on the lease Leased Property, and Lessee agrees to indemnify, defend and hold harmless Lessor from any such lien from a party claiming by, through or under Lessee. If any such claim of lien is placed on the Leased Property, Lessee shall, within thirty (30) days thereafter regardless of whether or not it contests the validity of the claim upon which such lien is based, post such bonds or take such other steps as may be necessary to remove such lien. 12.11 Headings. The headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify or alter the meaning of such sections or subsections. 12.12 Time of Essence. Time is of the essence of Lessor’s and Lessee’s obligations under this Lease. 12.13 Severability. If any section, subsection, term or provision of this Lease or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of the Lease of the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall not be affected thereby and each remaining section, subsection, term or provision of this Lease shall be valid or enforceable to the fullest extent permitted by law. 12.14 Right to Register or Record. Upon the request of Lessee, Lessor agrees to execute a Memorandum of Lease in recordable or registerable form setting forth the general terms of the Lease, and such other information as Lessee shall request.

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IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. Lessor: DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION _________________________________(SEAL) Heidi Carter, Chairperson ATTEST: _____________________________________________ Superintendent/Secretary (CORPORATE SEAL) Lessee: DUKE UNIVERSITY _________________________________(SEAL)

________________, __________

ATTEST: _________________________________(SEAL) Corporate Secretary (CORPORATE SEAL) NORTH CAROLINA DURHAM COUNTY I, ______________________________, a Notary Public for said County and State, do hereby certify that ______________ personally came before me this day and acknowledged that he/she is the secretary of the Durham County Board of Education, a body corporate, and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its Chairperson, Heidi Carter, sealed with its corporate seal, and attested by its secretary. Witness my hand and notarial stamp or seal this _____ day of __________2016.

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_____________________________________ Notary Public

My Commission Expires: __________________

NORTH CAROLINA DURHAM COUNTY

I, ______________________________, a Notary Public for said County and State, do hereby certify that ______________ personally came before me this day and acknowledged that he/she is the _________________________ of Duke University, a North Carolina non-profit corporation, and that by authority duly given and as the act of the corporation the foregoing instrument was signed , sealed with its corporate seal, and attested by ____________________________ its _______________________________.

Witness my hand and notarial stamp or seal this _____ day of _____________ 2016.

_____________________________________ Notary Public

My Commission Expires: __________________

RO785920

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Date: June 23, 2016


PRECIS Agenda Item: Alternative School Accountability Model

Staff Liaison Present: Dr. Julie D. Spencer Phone # (919)560-2027 Crystal K. Vaught

Main Points:

• The State Board of Education has a policy that provides Local Education Agencies with four accountability model options for alternative schools.

• DPS administration recommends for Board approval the continuation of the Progress Model for DPS alternative schools (Lakeview School and Performance Learning Center) for 2016-2017.

• The Progress Model includes the following components: School Persistence,

Student Achievement, and Growth with a change rating rather than a letter grade.


Purpose


Reviewed by: Finance ____________ Attorney __________

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Alternative School Accountability Model

June 16, 2016 - Operational Services & Policy Work Session FULLER BUILDING, DURHAM, NC

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Objective

• To identify and approve how DPS will participate in the Alternative Schools’ Accountability Model for Lakeview School and Performance Learning Center for the 2016-17 school year

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Background• The READY accountability model for NC

public schools provides special provisions for alternative schools.

• The accountability model for alternative schools provides school districts with four options.

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Model OptionsOption 1

Accountability Model is consistent with all other NC public schools

School Performance Grade Given (A-F)

Option 2All data/results are returned to the students’ home school

No designation given

Option 3

Alternative Progress Model(outlined on next slide)

School designated as Progressing, Maintaining, or Declining

Option 4

Customized Model5

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DPS Recommendation: Option 3: Alternative Progress Model• Student Persistence (20%)‒ Percent of students who remain enrolled in any NC

public school through the end of the school year

• Student Achievement (20%)‒ Percent of students proficient on READY indicators

based on 3-year average

• Growth (60%)‒ EVAAS will develop an alternative growth model

**All schools will receive a designation –Progressing, Maintaining, or Declining. 6

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Alternative Progress Model: DesignationDesignation Change from Previous Year

Progressing A change in the school by at least +3 points

Maintaining A change in the school by ‐2.9to +2.9 points

Declining A change in the school by at least ‐3 points

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Questions

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101


Agenda Item: 2016-2017 Work Session Calendars Staff Liaison: June Snyder Phone: 560-2502 Main Points: 2016-2017 Work Session Calendars

• Tuesday – Thursday Work Sessions • Thursday – Thursday Work Sessions

Fiscal Implications: Any fiscal implications here Purpose:

Information Discussion X Action Consent

Reviewed by: Finance Attorney

102


Tuesdays - Thursdays


Work Session


Policy Work Session

Board Agenda Review

Board Materials

Due


on DPS Website

Board Meeting

August 2

August 11

August 15

August 18

August 19

August 25

September 6

September

15

September 19

September 19

September 19

September 22

October 4

October 13

October 17

October 20

October 21

October 27

November 1

November

10

November 14

November 14

November 14

November 17

November 29

December 8

December 12

December 12

December 12

December 15

January 3

January 12

January 17

January 19

January 20

January 26

January 31

February 9

February 13

February 16

February 17

February 23

February 28

March 9

March13

March 16

March 17

March 23

April 4

April 20

April 24

April 24

April 24

April 27

May 2

May 11

May 15

May 18

May 19

May 25

June 6

June 15

June 19

June 19

June 19

June 22

103


Thursdays Only


Work Session


Policy Work Session

Board Agenda Review

Board Materials

Due


on DPS Website

Board Meeting

August 4

August 11

August 15

August 18

August 19

August 25

September 1

September 8

September 12

September 15

September 16

September 22

October 6

October 13

October 17

October 20

October 21

October 27

November 3

November

10

November 11

November 14

November 14

November 17

December 1

December 8

December 12

December 15

December 16

December 22

January 5

January 12

January 16

January 19

January 20

January 26

February 2

February 9

February 13

February 16

February 17

February 23

March 2

March 9

March13

March 16

March 17

March 23

April 3

April 20

April 24

April 24

April 24

April 27

May 4

May 11

May 15

May 18

May 19

May 25

June 1

June 15

June 19

June 19

June 19

June 22

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Date: June 23, 2016


PRECIS

Agenda Item: 2016 Bond Referendum Final Project List

Staff Liaison Present: Hugh Osteen Phone # 560-3831 Jon Long 560-2216

Main Points:

The administration has worked to finalize the project list for the 2016 Bond Referendum.


Purpose


Reviewed by: Finance ____________ Attorney __________ X

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Project Site Project Description Project Value

1. Bethesda Elementary Security Upgrades; Lighting Upgrades $187,5002. Burton Elementary Security Upgrades; HVAC $687,5003. Club Blvd. Elementary Security Upgrades; Roofing; Lighting

Upgrades$1,062,500

4. Creekside Elementary Security Upgrades $118,7505. Easley Elementary Security Upgrades $62,5006. Eastway Elementary Security Upgrades; Lighting; HVAC $575,0007. Eno Valley Elementary Full Campus Renovations $7,320,1948. Fayetteville St. Elementary Security Upgrades $118,7509. Forest View Elementary Security Upgrades; Roofing $1,812,500

10. Glenn Elementary Security Upgrades $118,75011. Harris Elementary Security Upgrades; Roofing $1,062,50012. Hillandale Elementary Security Upgrades; HVAC $343,75013. Holt Elementary Security Upgrades; Kitchen Cooler/ Freezer;

Roofing; Lighting Upgrades$1,251,106

14. Hope Valley Elementary Security Upgrades; HVAC $353,75015. Lakewood Elementary Security Upgrades; HVAC $300,00016. Little River Elementary Security Upgrades; HVAC $343,75017. Mangum Elementary Security Upgrades; Lighting Upgrades; $112,50018. Merrick-Moore Elementary Security Upgrades; Lighting Upgrades;

Kitchen Equipment & Renovations $1,307,500

19. Morehead Elementary Security Upgrades $118,75020. Oak Grove Elementary Security Upgrades; Roofing $1,812,50021. Parkwood Elementary Security Upgrades; Roofing; HVAC $515,00022. Pearson Elementary Security Upgrades $87,50023. Pearsontown Elementary Security Upgrades; Front Wing Renovations $875,000

24. Powe Elementary Security Upgrades; HVAC $637,50025. Southwest Elementary Security Upgrades; $62,50026. Spaulding Elementary Security Upgrades; Roofing; HVAC $825,00027. Spring Valley Elementary Security Upgrades $87,50028. Watts Elementary Security Upgrades; Roofing; HVAC $625,00029. Brogden Middle Security Upgrades; Gym Renovation $187,50030. Carrington Middle Security Upgrades; Gym Renovation $237,50031. Githens Middle Security Upgrades $62,50032. Lowe's Grove Middle Security Upgrades; Gym Renovation;

Roofing$1,593,750

33. Lucas Middle Security Upgrades $62,500

2016 DPS Bond Project ListJune 16, 2016

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34. Neal Middle Security Upgrades; Gym Renovation $206,25035. Roger-Herr Middle Security Upgrades; Lighting; Fire Alarm

Upgrade$287,500

36. Shepard Middle Security Upgrades; $87,50037. City of Medicine Academy Security Upgrades $25,00038. Holton CRC Security Upgrades $62,50039. Durham School of Arts Security Upgrades; Partial Roofing;

Renovation Allowance for Locker Rooms$2,700,000

40. Early College Security Upgrades $62,50041. Hillside (incl. New Tech) Security Upgrades; Tennis Lights; Track

Repair; Renovation Allowance for Locker Rooms

$1,237,500

42. Jordan High Security Upgrades; Cooler/ Freezer; Track Repair; Roofing; Tennis Lights; Renovation Allowance for Locker Rooms

$1,897,500

43. Lakeview Security Upgrades; Lighting Upgrades $162,50044. Northern High Replacement of Current Facility; Temporary

Tennis Lights, Renovation Allowance for Locker Rooms

$51,875,000

45. Riverside High Security Upgrades; Track Repair; Renovation Allowance for Locker Rooms; Tennis Lights

$1,195,625

46. School for Creative Studies Security Upgrades; Fire Alarm; Science Upgrades

$350,000

47. Southern SES Security Upgrades; Paving; Track Repair; Tennis Lights; Renovation Allowance for Locker Rooms

$1,196,250

48. Bacon St. Central Services Security Upgrades $15,00049. Fuller Central Services Security Upgrades; Lighting; Roofing $550,62550. Hamlin Central Services Security Upgrades; Lighting Upgrades;

Roofing;$1,046,250

51. Hamlin Operational Services Security Upgrades $125,00052. Pearson Central Services Strategic Renovations $232,45053. Staff Development Center Security Upgrades; Lighting; Roofing $481,25054. HUB Farm New Barn and Site Work $375,00055. Lighting Upgrades N/A $056. Construction Services (1%) Consultant Services and Management $900,000

Grand Total $90,000,000

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Date: June 23, 2016


PRECIS

Agenda Item: Policy 5265 – Living Wage

Staff Liaison Present: Hugh Osteen Phone # 560-3831

Main Points:

It is the policy of Durham Public Schools Board of Education to pay all full-time employees of Durham Public Schools a living wage. The Superintendent or designee will annually make adjustments to ensure the minimum living wage rate is paid to all full-time employees as stated in the policy.

A revision to the policy regarding service contracts is required.

• Administration presents Policy 5265 – Living Wage for discussion and approval.


The financial impact has not been determined at this time.

Purpose


Reviewed by: Finance _________ Attorney ___KS_______

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Formatted: Font: (Default) ArialPolicy 5265 LIVING WAGE POLICY

In the interests of the health and welfare of its employees, it is the policy of the Durham Public Schools Board of Education to pay all full-time employees of the Durham Public Schools (DPS) a living wage. The Superintendent or designee shall annually make such adjustments in the pay plan necessary to ensure the minimum living wage rate as stated in this policy is paid to all full-time employees.

I. Definitions

a. Living wage: DPS shall use the rate provided by the Durham CountyManager. The living wage rate shall be calculated by July 1st each year.

b. Full-time Employee: An employee in a permanent position who works 30 or morehours per week.

II. Durham Public Schools Personnel Exemptions

a. This minimum “living wage” rate to be paid by the Durham Public Schools Boardof Education shall not apply to full-time or part-time volunteers, or others employed by DPS in part-time or extra-duty positions.

b. This minimum “living wage” rate to be paid by DPS shall not apply to full-time orpart-time students who are working for DPS in positions designed to further the student’s education.

c. This minimum “living wage” rate shall not apply to those DPS employees who arein positions requiring certification or license by the state and who do not currently hold such certification or license as required by the state for their positions.

d. This minimum “living wage” rate shall not apply to substitute teachers employedby DPS whose rates of pay are set by the state.

III. Service Contracts

a. Requests for proposals or qualifications for custodial or other service contractsthat have displaced or may displace DPS staff or positions will include a request for an alternate to provide a living wage for full-time employees of the contractor who work on DPS property. The alternate will provide such employees at least the living wage rate and insurance or health benefits equivalent to at least 7.5% of the hourly living wage or pay 7.5% of the living wage rate in additional hourly pay.The living wage policy shall apply to all service contracts entered into by the Board of Education or Durham Public Schools unless otherwise exempted by this policy.

b. Contractors subject to this policy shall pay to all full-time employees performingservices for DPS at least the living wage rate. In addition, all contractors subject to

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Formatted: Font: (Default) Arialthis policy shall offer or provide to all full-time employees performing services for DPS health insurance or health benefits equivalent to at least 7.5% of the hourly living wage or pay 7.5% of the living wage rate in additional hourly pay.

cb. The Superintendent or designee shall implement regulations and procedures to ensure that all requests for proposals or qualifications for custodial or other service contracts that have displaced or may displace DPS staff or positions comply with this policye Board’s living wage policy.

IV. Contract Exemptions

a. Contracts subject to federal or state laws or funded through grants or debtissuance which provide for a payment to the lowest bidder, provide for a particular rate of payment for services, or provide for payment by the unit of service.

b. Contracts for $10,000 or less on an annual basis and/or contractors with 10 orfewer employees.

c. Contracts between the Board of Education and another unit of government.

d. Contracts between the Board of Education and a non-profit corporation which isexempt from income tax pursuant to Section 501(c) (3) of the Internal Revenue Code.

e. Any contract exempted by action of the Superintendent when requested to do soby the Deputy or Associate Superintendent of the department administering the contract when it is determined that compliance with this policy will result in the loss of an essential service to the school system. The Superintendent shall report quarterly to the Board any contracts which fall under this exemption.

V. Reporting

The Superintendent shall report the effects of the living wage policy to the Board on a semi-annual basis.

VI. Effective Date

This policy shall be effective on and after June 23, 2016December 15, 2005. The living wage requirement shall apply to all service contracts entered on or after the effective date of this policy.

Legal Reference: G.S. 115C-47(21); 115C-36 Adopted Effective: December 15, 2005 Revised:

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Policy 5265 LIVING WAGE POLICY

In the interests of the health and welfare of its employees, it is the policy of the Durham Public Schools Board of Education to pay all full-time employees of the Durham Public Schools (DPS) a living wage. The Superintendent or designee shall annually make such adjustments in the pay plan necessary to ensure the minimum living wage rate as stated in this policy is paid to all full-time employees.

I. Definitions

a. Living wage: DPS shall use the rate provided by the Durham CountyManager. The living wage rate shall be calculated by July 1st each year.

b. Full-time Employee: An employee in a permanent position who works 30 or morehours per week.

II. Durham Public Schools Personnel Exemptions

a. This minimum “living wage” rate to be paid by the Durham Public Schools Boardof Education shall not apply to full-time or part-time volunteers, or others employed by DPS in part-time or extra-duty positions.

b. This minimum “living wage” rate to be paid by DPS shall not apply to full-time orpart-time students who are working for DPS in positions designed to further the student’s education.

c. This minimum “living wage” rate shall not apply to those DPS employees who arein positions requiring certification or license by the state and who do not currently hold such certification or license as required by the state for their positions.

d. This minimum “living wage” rate shall not apply to substitute teachers employedby DPS whose rates of pay are set by the state.

III. Service Contracts

a. Requests for proposals or qualifications for custodial or other service contractsthat have displaced or may displace DPS staff or positions will include a request for an alternate to provide a living wage for full-time employees of the contractor who work on DPS property. The alternate will provide such employees at least the living wage rate and insurance or health benefits equivalent to at least 7.5% of the hourly living wage or pay 7.5% of the living wage rate in additional hourly pay.

b. The Superintendent or designee shall implement regulations and procedures toensure that all requests for proposals or qualifications for custodial or other service contracts that have displaced or may displace DPS staff or positions comply with this policy.

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IV. Contract Exemptions

a. Contracts subject to federal or state laws or funded through grants or debtissuance which provide for a payment to the lowest bidder, provide for a particular rate of payment for services, or provide for payment by the unit of service.

b. Contracts for $10,000 or less on an annual basis and/or contractors with 10 orfewer employees.

c. Contracts between the Board of Education and another unit of government.

d. Contracts between the Board of Education and a non-profit corporation which isexempt from income tax pursuant to Section 501(c) (3) of the Internal Revenue Code.

e. Any contract exempted by action of the Superintendent when requested to do soby the Deputy or Associate Superintendent of the department administering the contract when it is determined that compliance with this policy will result in the loss of an essential service to the school system. The Superintendent shall report quarterly to the Board any contracts which fall under this exemption.

V. Reporting

The Superintendent shall report the effects of the living wage policy to the Board on a semi-annual basis.

VI. Effective Date

This policy shall be effective on and after June 23, 2016. The living wage requirement shall apply to all service contracts entered on or after the effective date of this policy.

Legal Reference: G.S. 115C-47(21); 115C-36 Adopted Effective: December 15, 2005 Revised:

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Date: June 23, 2016

Board of Education PRECIS

Agenda Item: The Flippen Group District By Design Agreement

Staff Liaison Present: Dr. Debbie Pitman Phone: (919) 560-2554 Elizabeth Shearer (919) 287-4193 Tamara Thomas (919) 560-2208

Main Points:

• To ensure the success of the revised Code of Student Conduct, a five-year implementationplan has been designed around restorative justice practices and includes essential trainings tostrengthen district and school level leadership. This plan was shared with the board at theAcademic and Student Services Work Session on June 2, 2016.

• Capturing Kids Hearts is one of the key frameworks the district has selected that will result inincreased relational capacity which is foundational to academically thriving classrooms.

• The administration is seeking approval of the Flippen Group District By Design Agreement.In 2016-2017, twelve schools will participate in Capturing Kids Hearts school-wide trainings(Cohort 1), Process Champions Plus training sessions, and Campus TrAction Pac sessionswith campus administrators.

• The administration is presenting the Flippen Group District By Design Agreement forapproval.


The total cost of this contract is $369,500 which will be supported through local funds.

Purpose


Reviewed by: Finance ___ Attorney DS/BJ

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District By Design Agreement Part 2 of 2

Prepared for:

Durham Public Schools May 24, 2016

Chris Layton The Flippen Group 1199 Haywood Dr

College Station, TX 77845

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Authorized Signer Initials

The Flippen Group . 800.316.4311 . www.flippengroup.com

1199 Haywood Drive . College Station, TX 77845

Durham Public Schools

District By Design 2

Project Overview

About Us

First of all, it’s not about us. It’s about you.

It’s about the mission, vision, and core principles of your organization. It’s about your passion for growth and excellence. It’s about your desire to be the very best, individually and collectively. It’s about your desire to make a successful organization a great organization by forging and sustaining a championship culture.

Our processes accelerate success, transform top teams, promote creative problem-solving, help you grow the next generation of leaders, and can break the personal and systemic constraints that inhibit progress.

That’s not only our core competency; it’s our mission. We help “grow greatness” by developing relationships and processes that bring out the best in people.

What sets The Flippen Group apart? We focus on growing the specific skills individuals need in order to function at a higher level at work and in every aspect of their life. We help individuals identify and overcome the specific personal constraints preventing peak performance. We help leaders identify and overcome the system constraints that hold people back. We don’t do “events,” seminars, or programs. We teach skills and processes that change lives. The Flippen Group ties all this together at the administrative, teacher, and student level to gain positive momentum for the entire system.

We would like to partner to bring out greatness in the people and the systems of your organization. We recommend entering into a District By Design Agreement. Implementing our processes will enable your organization to:

Decrease discipline referrals

Increase attendance

Increase test scores

Increase teacher attendance

Decrease teacher turnover

Improve parent and community relationships

Build and lead high-performing, self-managing teams and classrooms

Develop and implement strategies for conflict resolution

Analyze individual and system constraints and strengths

Develop a plan for removing constraints and capitalizing on strengths

Teach and model how to give and receive meaningful feedback

Improve the culture and effectiveness of the organization

Communicate more effectively

Develop more evolved leadership skills and capabilities

Develop growth plans for individuals who are selected by the organization

Provide on-going support to your internal champions

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Leadership Solutions

Proposed Timeline

Pricing

District TrAction Pac Two, 2-consecutive-day sessions involving group and one on one sessions with district administrators

Fall 2016

$8,000 (travel $1,500)

Campus Solutions

Proposed Timeline

Pricing

Capturing Kids’ Hearts Twelve, 2-consecutive-day training sessions (up to 50 participants per session)

*60 additional participants for Capturing Kids’ Hearts at $200/participant

Process Champions Plus

Three, 2-consecutive-day training session for up to 30 people. Followed by a one day Campus TrAction Pac with campus administrators and/or Process Champions.

Nine, 1-hour Priority Customer Calls with district and/or campus administrators.

Momentum By Design, online solution that will help you extend and reinforce CKH processes on your campus.

Campus Insights, on-line/on-demand portal of video based professional development tools.

Campus TrAction Pac Four, 3-consecutive-day sessions involving group and one on one sessions with campus administrators

August 22-23, 2016 August 25-26, 2016

August 22-23, 2016 August 25-26, 2016

Fall 2016

Fall 2016-Spring 2017

12 month subscription

12 month subscription

Fall 2016 - Spring 2017

$252,000 (travel $14,400)

$12,000

$45,000 (travel $5,400)

Complimentary

Complimentary

Complimentary

$24,000 (travel $7,200)

TOTAL (inclusive of travel) $369,500

SECTION 1: PROCESS AND SCHEDULE

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District By Design Agreement

Durham Public Schools P. O. Box 30002 Durham, NC 27702

Thank you for selecting The Flippen Group to serve your organization. Our goal is to provide you with service that will both motivate and empower your organization to advance to a new level of success. Please take a moment to review the information below, and then sign and return this form to us in order to confirm this agreement. We look forward to serving you.

This District By Design Agreement offers all of the Products as defined on the Process and Schedule table. All Products offered as part of this agreement are exempt from price increases, allowing you to lock in current prices (at a savings to you).

Agreement:

Durham Public Schools (or “the School System”) agrees to contract with The Flippen Group (or “provider”) for all the services on this agreement dated May 24, 2016.

The District by Design Agreement (“the Agreement”) and its rates will expire and can only be confirmed upon receipt of this signed document by June 17, 2016 in our main office at: The Flippen Group; Attn: Misty Ray, 1199 Haywood Drive, College Station, Texas 77845.

Payment Terms:

Purchase order is required 45 days prior to each scheduled event.

The fee for each service, including travel (if applicable); will be billed when services are rendered.

Invoices are due upon receipt. Please make all checks payable to Flippen Group.

Other Charges (if applicable):

Should any training group size go over the maximum number of participants, an additional fee of $400 per person over the maximum will be charged.

Additional District Consulting may be purchased at a rate of $2,000 per day and must be purchased in bundles of 2 or 3 days.

Additional Campus Consulting may be purchased at a rate of $2,000 per day and must be purchased in bundles of 2 or 3 days.

For services performed in the state of New Mexico, sales tax applies at the rate of 5.125%.

Travel:

Travel Package for each service to be billed separately and is not part of the District by Design Agreement total. Travel inside the Continental United States will be billed at rate of $1,000.00 for one-day events, $1,500.00 for two-day events, and $1,800.00 for three-day events (per trainer). Each additional consecutive day is $300.00 per day. Travel rates are subject to change.

Travel expenses that The Flippen Group has incurred and that have to be cancelled as a result of rescheduling or cancelling of a service without two weeks notice, may result in an extra charge to your organization.

SECTION 2: INVESTMENT

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Scheduling:

The Flippen Group’s Event Planning Department will contact you within 1 week of the signing of this agreement to begin setting up specific dates for services to be rendered on the process schedule. The Flippen Group will need someone designated in your organization to work with on scheduling and event planning needs as follows below.

Scheduling benchmarks - Within 30 days of signing of the District By Design Agreement, at least 50% of events must be scheduled with The Flippen Group. Within 120 days of signing of the agreement, the remainder of events must be scheduled with The Flippen Group.

Confirmation of all scheduled events will be made via email and is subject to cancellation terms as listed below.

Capturing Kids’ Hearts should be scheduled from 8:00 AM – 5:00 PM. All other trainings should be scheduled from 8:00 AM – 4:00 PM each day. Should times need to be altered, prior approval by The Flippen Group would be required.

Should times need to be altered, prior approval by The Flippen Group would be required.

In the event of an emergency or illness the consultant(s) will need to be rescheduled for another time, as there is not an on-call trainer available.

Deposits and Cancellations:

No deposit is required.

The Flippen Group requires cancellation notice of 45 days prior to any scheduled date of service. Cancellation notice received inside the 45-day window will result in the full contractual fee being assessed. Cancellation notice received outside the 45-day window will result in a full refund of the contractual fee to the Durham Public Schools.Services unused by your organization within the 12 months following the date of signature of this document will be forfeited.

Force Majeure: Neither party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement in such circumstances. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

Accountability:

The Flippen Group commits to reserve the capacity needed to fulfill the terms of this agreement. The Flippen Group is committed to transformational impact. Our consultant will not move to next steps on the process schedule without implementation of previous events and/or successful TrACTION being made by participants involved. Should this occur, certain dollars set aside for future line items on process schedule may be reallocated to reinforce previous events that need more accountability.

Considerations:

Video and/or audio taping is strictly prohibited without prior written approval by The Flippen Group.

Media representatives are not allowed to attend training without prior written approval by The Flippen Group.

The Flippen Group has permission to contact company members via e-mail addresses.


The Flippen Group . 800.316.4311 . www.flippengroup.com Durham Public Schools

1199 Haywood Drive . College Station, TX 77845 District By Design 5

SECTION 3: POLICIES

118


Facilities:

The Flippen Group has a core principle to exceed our customer’s expectations. We know the training environment can significantly impact the quality of the training. To make sure your staff is comfortable and to ensure outstanding results for those attending, we will need your help in arranging the facility based on the specifications found below.

A quiet and service oriented facility should be selected for all scheduled trainings.

We recommend that the Capturing Kids’ Hearts and Leadership Blueprint training not be conducted on district or school properties. Room must be at least 2,800 square feet (40’X70’).

Process Champions may be provided at the campus facilities as long as adequate space, quiet, and privacy are available.

Durham Public Schools will coordinate the facilities needed for trainings with the expense being incurred by your organization, as written in this agreement.

The Flippen Group and your organization will mutually agree upon the location of any services/trainings 30 days prior to the event.

Upon the signing of this agreement, The Flippen Group’s Event Planning Team will provide Durham Public Schools with meeting size requirements, setup needs (inclusive of table/chair arrangements, AV requirements, etc.). It is understood that Durham Public Schools will make arrangements and cover expenses for all equipment and be in charge of setup in advance.

Light beverages (NO alcohol) need to be set up by Durham Public Schools for the entire day for all participants. Meals can be coordinated by Durham Public Schools with facility or caterer of choice or left up to individuals on their own.




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Intellectual Property

The Flippen Group’s intellectual property is a crucial part of providing training materials and consulting services to its clients, and the Flippen Group could not continue its work if its clients did not honor and respect the Flippen Group’s intellectual property rights. None of our work or work product is done on a “work for hire” basis, and all of our material and work product is owned exclusively by the Flippen Group and is subject to one or more of the following: copyright, trademark, patent, license or trade secret. Intellectual property and learning/know-how that may be developed while working with any client shall remain the property of the Flippen Group. By entering into this agreement you are expressly acknowledging and agreeing to the matters set forth in this paragraph and you are agreeing that none of the training materials, notebooks, videos, presentations, processes or concepts may be used by you, for any purpose, without the express advance written consent of the Flippen Group. In addition, you are agreeing to have any of your engaged contractors or subcontractors sign an agreement to protect The Flippen Group’s intellectual property.

This Agreement, any attachments hereto, and the instructional content of the educational materials anticipated under this Agreement will be subject to the North Carolina Public Records Laws (“NCPRL”, see N.C.G.S. Chapter 132). Nothing in this Agreement, however, shall be construed to override any trademark or copyright protection or other intellectual property rights, including trade secrets, that the Flippen Group may have in its software or other materials. In accordance with N.C.G.S. 132-1.2(1), however, such documents may not be subject to disclosure under the NCPRL if they meet all of the following conditions: (1) constitutes a “trade secret” as defined by G.S. 66-152(3); (2) are the property of a private “person” as defined in N.C.G.S. 66-152(2); (3) are disclosed or furnished to the public agency in connection with the owner’s EdisonLearning’s performance of a public contract or in connection with a bid, application, proposal, industrial development project, or in compliance with laws, regulations, rules, or ordinances of the United States, the State, or political subdivisions of the State; and (4) are designated or indicated as “confidential” or as a “trade secret” at the time of its initial disclosure to the public agency. In order for the Flippen Group to exclude confidential proprietary information from public release in response to a public records request, the Flippen Group must (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought; (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary; (iv) mark each page of information for which protections is sought with the legend “Confidential Proprietary Information-Exemption from NCPRL Release”; and (v) provide an Opinion of Counsel letter, signed by an attorney representing the Flippen Group, certifying that the attorney has reviewed the information designated as “Confidential Proprietary Information” and that in his or her professional opinion, the information so designated meets the statutory standards set out in N.C.G.S. 132-1.2(1). The Flippen Group agrees to fully indemnify the Durham Public Schools in the event a lawsuit is filed against the Durham Public Schools seeking disclosure under the NCPRL of any information designated as “Confidential Proprietary Information” by the Flippen Group and to reimburse the Durham Public Schools for the costs of defending any such lawsuit.



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Durham Public Schools accepts the Products “AS IS” with all faults and errors. THE FLIPPEN GROUP HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCTS EXCEPT FOR ANY SPECIFIC WARRANTIES THAT ARE EXPRESSLY PROVIDED IN THE TERMS OF THIS AGREEMENT. THE FLIPPEN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the functionality, operation, and results is with Durham Public Schools and The Flippen Group assumes no risk or obligation in connection therewith.

The Flippen Group hereby disclaims any and all liability, risk, obligation, or responsibility for decisions made or actions taken by Durham Public Schools after use of the Products. The Flippen Group shall in no way be responsible or liable for Durham Public Schools use of (1) the Products, (2) the information and data provided by third-parties in order to use the Products; or (3) the information or results obtained through the Products. The Flippen Group does not guarantee or warranty any particular result or success as a result of use of the Products. The Products should be considered tools to assist Durham Public Schools, but should not be treated as a singular solution.

In no event shall The Flippen Group or the Durham Public Schools be liable for or responsible for any incidental or consequential damages or injuries related to either party’s use of (1) the Products, (2) the information and data provided by third-parties in order to use the Products; or (3) the information or results obtained through the Products. The maximum possible liability of the Flippen Group shall not exceed the lesser of three times the full retail cost of the Products or the amount that Durham Public Schools paid for the Products.

No information shared by The Flippen Group verbally or in writing can be constituted to be professional advice, such as medical, legal, financial, psychological, business, or counseling advice. Diagnosing medical or psychological conditions cannot be done through a coaching process and should only be done by licensed professionals.

The parties assume full liability for any injury or loss arising from their own acts or omissions.




SECTION 4: DISCLAIMERS

121


Qualifications of Provider. Provider warrants that all agents or employees of Provider who will provide services under this Contract will be fully qualified, possess any requisite licenses, and otherwise be legally entitled to perform the services provided, and shall exercise the skill and care customarily exercised by duly licensed and qualified providers of the same or similar services.

Relationship of Parties. Provider shall be an independent contractor of the Durham Public Schools, and nothing herein shall be construed as creating a partnership or joint venture; nor shall any employee of the Flippen Group be construed as an employee, agent, or principal of the Durham Public Schools.

Insurance. Provider agrees to maintain Commercial General Liability in amount of $1,000,000 each occurrence, $1,000,000 each occurrence in Personal & Advertising Injury with $2,000,000 General Aggregate, and $2,000,000 Products/Completed Operations Aggregate. Provider shall maintain $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 and Automobile Liability policies. Certificates of such insurance shall be furnished by Provider 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 Contract and shall be grounds for immediate termination of this Agreement.

Compliance with Applicable Laws. Provider shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Provider shall not employ any individuals to provide services to the Durham Public Schools who are not authorized by federal law to work in the United States. Provider represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Provider shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract. Provider is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

Confidentiality of Student Information. Provider agrees that all student records or personally identifiable information contained in student records that may be obtained in the course of providing services to the School System under this contract shall be subject to the confidentiality and disclosure provisions of applicable federal and state statutes and regulations as well as the School System’s policies. All student records shall be kept in a secure location preventing access by unauthorized individuals. Provider will maintain an access log delineating date, time, agency, and identity of individual accessing student records who is not in the direct employ of Provider. Provider shall not forward to any person other than parent or the School System any student record or personally identifiable information obtained from a student record (including, but not limited to, the student’s identity) without the written consent of the School System. Upon termination of this Contract, Provider shall turn over to the School System all student records or personally identifiable information about students obtained by Provider while providing services under this Contract. Nothing in this Contract gives Provider any right to access any student records or personally identifiable information.




SECTION 5: MISCELLANEOUS

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Lunsford Act. Provider also acknowledges that G.S. § 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. Provider shall conduct or arrange to have conducted, at its own expense, sexual offender registry checks on each of its owners, employees, agents and subcontractors (“contractual personnel”) who will engage in any service on or delivery of goods to School System property or at a School System sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For Provider’s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at http://www.nsopw.gov/. Provider shall provide certification on the Sexual Offender Registry Check Certification Form (Attachment A) that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. Provider shall conduct a current initial check of the registries. The sex offender registry checks shall be conducted within 30 days of Provider’s execution of the Contract and prior to performing any services on School System property. In addition, Provider agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Provider shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. Provider agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the School System upon request. Provider specifically acknowledges that the School System retains the right to audit these records to ensure compliance with this section at any time in the School System’s sole discretion. Failure to comply with the terms of this provision shall be deemed a material breach of the Contract. If requested by the School System, the Provider shall provide sufficient background information regarding any or all contractual personnel who may deliver goods or perform services under this contract in order to allow the School System to perform a criminal background check on each individual at the School System’s expense. Provider further agrees that it has an ongoing obligation to provide the School System with the name of any new contractual personnel who may deliver goods or provide services under the Contract. The School System reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Contract if the School System determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others, or if such contractual personnel may otherwise pose a risk to the School System’s operations. Failure to comply with the terms of this provision shall be deemed a material breach of the Contract.




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http://www.nsopw.gov/


Compliance with Iran Divestment Act of 2015. Provider certifies that as of the date of this Contract, Provider is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Provider understands that it is not entitled to any payments whatsoever under this Contract if this certification is false. The individual signing this Contract certifies that he or she is authorized by Provider to make the foregoing statement.

Anti-Nepotism. Provider warrants that, to the best of its knowledge and in the exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees who will directly provide services under this Contract are immediate family members of any member of the Durham Public Schools Board of Education or of any principal or central office staff administrator employed by the School System. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should Provider become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, Provider shall immediately disclose the family relationship in writing to the Superintendent of Schools. Unless formally waived by the School System, the existence of a family relationship covered by this Contract is grounds for immediate termination by School System without further financial liability to Provider.

Applicable School Board of Education Policies. Provider acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on School System property and agrees to abide by any and all relevant Board policies while on School System property. The Provider acknowledges that Board’s policies are available on the School System’s website.

Assignment. Provider shall not assign, subcontract, or otherwise transfer any interest in this contract without the prior written approval of the School System.

Contract Modifications. This contract may be amended only by written amendments duly executed by and between the School System and Provider.

North Carolina Law. North Carolina law will govern the interpretation and construction of the Contract.

Order of Precedence. The Parties do hereby agree that in the event of conflict between the terms and conditions of this Contract and the terms and conditions in an agreement entered into between the parties at the same time as or prior to this Agreement, the terms and conditions of this Agreement shall prevail.

Entire Agreement. This Contract, including the purchase order, if any, used in connection herewith and any other document(s) expressly incorporated by reference as a part of this Contract, constitutes and expresses the entire agreement and understanding between the parties concerning its subject matter. This Contract supersedes all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the subject matter of this contract. To the extent there may be any conflict between the four corners of this Contract and other documents incorporated by reference herein, the terms of this Contract will control.



1199 Haywood Drive . College Station, TX 77845 District By Design 11 124


SECTION 7: CONTACT US

I have read and understand the policies of The Flippen Group as printed in this agreement, and, as the contact person for this training, I will endeavor to see that all policies and related details are understood and completed by all involved parties in the planning of this event.

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

Signed:

(Group contact person or representative)

Print Name: Attest: Print Name:

Date:

Title: Board Chair

Date:

Title: Superintendent

If you have any questions or need additional assistance, please do not hesitate to contact us.

The Flippen Group Attn: Misty Ray 1199 Haywood Drive College Station, TX 77845 Phone: 800-316-4311 Fax: 877-941-4700




SECTION 6: CONFIRMATION

125


Request for Proposal for Professional Development &

Comprehensive School Improvement

Solicitation Number 12-18

Presented To:

11280 West Road Houston, Texas 77065

Prepared by: Dr. Michael Holt

The Flippen Group, L.L.C. 1199 Haywood Drive

College Station, TX 77845 (979) 703-6780

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TAB 1 VENDOR CONTRACT AND SIGNATURE FORM

130

TAB 2 – QUESTIONNAIRE

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TAB 3 – COMPANY PROFILE Information About Your Company Please provide the following: 1. Company’s official registered name.

The Flippen Group

2. Brief history of your company, including the year it was established.

Established in 1990, Flippen Group is a Texas-based company that has grown to be one of the largest educator training and leadership development organizations in the United States with processes and curricula in 42 states. These comprise urban, suburban, and rural areas, varying in size and diversity of ethnic, cultural, and socioeconomic groups. We have supported some of the toughest school systems in the country: New York (NY), Los Angeles (CA), Fresno (CA), Riverside (CA), Des Moines, (IA), West Palm Beach (FL), Tucson (AZ), Austin (TX), and New Haven (CT).

We have provided administrative and instructional services to over 150,000 instructional staff and leaders in more than 7,000 school settings. Our founder and president, Flip Flippen, has been featured in national publications alongside nationally recognized leadership experts: John Maxwell, Jim Collins, Stedman Graham, and Ken Blanchard; his wife, Susan, is company CEO. Flip and Susan were recently awarded the 2011 Ernst & Young Entrepreneur Of The Year Award for the Gulf Coast Region. This leadership award recognizes outstanding entrepreneurs who demonstrate excellence and extraordinary success in areas including innovation, financial performance and personal commitment to their businesses and communities. The award program celebrated its 25th anniversary in 2011, with past award winners including owners such as Howard Schultz (Starbucks), Arthur M. Blank (Home Depot, Atlanta Falcons), and Pierre Omidyar (eBay).

Flippen Group’s series of leadership-based professional development trainings focuses on aligning organizational resources, clearly communicating roles and responsibilities, and establishing non-negotiables. Our efforts have resulted in increased student achievement in schools across America. Our work in California helped transform 10 low performing schools in Los Angeles which were involved in the highly publicized 2009 mayoral takeover. We have supported school improvement efforts in Texas, including: Hillsboro Junior High, Groesbeck High School, Belton ISD, Corrigan-Camden ISD, Waco ISD, Grand Prairie ISD, Lamar CISD. More recently, we have worked with low performing schools in districts located on Indian reservations in Arizona, including Chinle School District and Window Rock School District. Our current Oklahoma services are helping six low performing elementary schools in the Tulsa School Turnaround Project.

Flippen Group is a private limited liability corporation (LLC) with a highly qualified team of more than 100 professionals. The home office is located in College Station, Texas, with branches across the state in Houston, Tyler, Temple, and another in Phoenix, Arizona.

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The leadership team members are education professionals who have achieved distinction in public schools as administrators, coaches and teachers. With their collective experience of over 125 years, they have first-hand knowledge of the factors impacting student achievement. They have mastered the skills of school improvement and personally implemented the models we teach.

3. Company’s Dun & Bradstreet (D&B) number.

011932659

4. Corporate office location.

The Flippen Group, L.L.C. 1199 Haywood Drive College Station, TX 77845 (979) 693-7660

5. List the total number of sales persons employed by your organization within the United States, broken down by market

18 Educational Salespeople/Consultants covering 50 states. 6. List the number and location of offices, or service centers for all states being bid in solicitation. Additionally, list the names of key contacts at each location with title, address, phone and e-mail address.

Flippen Group has a total of five offices. Four are located in Texas and one is in Phoenix, Arizona. Additionally, we have salespeople located in various states across the United States. Dr. Michael Holt, National Sales Director and Director of Educational Consulting Services, is the primary contact for the company concerning this contract. [email protected] Accounting Office The Flippen Group – Home office 2423 Earl Rudder Freeway, Suite 200 1199 Haywood Drive College Station, TX 77845 College Station, TX 77845 979-703-6780 (979) 703-6780 Contract Administration Office Temple Office 1007 Pruitt Place 175 Verbena Drive Tyler, Texas 75703 Temple, Texas 76502 903-561-1111 254-780-4008 Phoenix Office 1515 East Missouri Avenue, Suite 203 Phoenix, Arizona 85014 (800) 927-0478

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7. Please provide contact information for the person(s) who will be responsible for the following areas, including resumes: Dr. Michael Holt is the primary contact for this account.

a. Sales Dr. Michael Holt; [email protected] b. Sales Support Dr. Michael Holt; [email protected] c. Marketing Dr. Michael Holt; [email protected] All marketing for this account will be approved through Dr. Michael Holt prior to forwarding to our Marketing Division. d. Financial Reporting Lalena Stavinoha - [email protected]

Tanya Peterson - [email protected]

e. Executive Support Dr. Michael Holt; [email protected] Flippen Group has a team of executives to provide support.

Please see Attachment A: Team Resumes 8. Define your standard terms of payment. Payment is due upon receipt of invoice. 9. Who is your competition in the marketplace?

Teachscape, Pearson

10. Overall annual sales for last three (3) years; 2009, 2010, 2011

Flippen Group is a privately-owned business and keeps its financial information confidential. We generate revenue from selling services and are not dependent upon investors to ensure financial stability. Revenues are derived from sales of our services to the public and private sector. We have a long record of financial stability dating back to our founding in 1990. Our fiscal management is based on sound conservative principles. We have excellent financial rating, preferred client status and a $1,000,000 line of credit. Upon request we will provide a financial stability endorsement from our banker.

11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2009, 2009, 2011

Flippen Group is a privately-owned business and keeps its financial information confidential.

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12. What is your strategy to increase market share?

• RFP Proposal submittals throughout the U.S. • National conference workshops and breakouts • Strategic meetings with school district administrators throughout the U.S. • School Turnarounds • Under-performing Schools

13. What differentiates your company from competitors?

Flippen Group processes are proprietary and were created to provide the necessary skills to educators to intentionally create high performance and self managing classrooms. When all campus or district educators use these skills consistently, transformation is achieved by aligning individual behaviors to outcomes, creating connectedness and modeling pro-social behaviors. These skills help individuals overcome personal constraints that hold them back. Once constraints are broken, performance doesn't climb gradually. It jumps! Once the relational capacity is created, relevance and rigor can be established through our innovative curriculum and instruction products. These products have been designed by curriculum practitioners who have years of experience implementing these into standards based environments. Our lead consultants have walked over 20,000 classrooms over the past few years and know what quality is and how to produce it. These are the defining characteristics of our company. We grow greatness!

14. Describe your firm’s capabilities and functionality of your on-line catalog/ordering website.

We offer professional development training and do not supply on-line materials.

15. Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)

7:00-5:00 Central Standard Time (Monday - Friday) 16. Provide information regarding if your firm, either presently or in the past, has been involved in any litigation, bankruptcy, or reorganization.

Flippen Group has not been involved in litigation, bankruptcy or reorganization. Marketing / Sales 1. Detail how your organization plans to market this contract within the first 90 days of

the award date. This should include, but not be limited to:

The Flippen Group will market this contract in the following manner:

• A co-branded press release (email blast to major school districts across the US) • Announcement of award through any applicable social media sites • Direct mail campaigns (flyers and email blast)

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• Participation in trade shows/National conferences • Link to TCPN website from Flippen Group website • Summary of contract and services offered • Marketing brochures

2. Describe how your company will demonstrate the benefits of this contract to eligible entities if awarded.

TCPN contracts are preferred by the Flippen Group as it vets the bidding process for members. This has a real cost savings for school districts by decreasing the number of man hours and costs associated with letting Requests For Proposal, administering the review and award process and avoiding political ramifications should their be an unlawful link between district employees and the contractor. Medium for communicating TCPN contracts will include:

• Verbal explanations to potential clients prior to contract • Formal sales presentations • Conference presentations

3. Explain how your company plans to market this agreement to existing government customers.

We will market this agreement during sales presentations, pre-contract negotiations and on our company website.

4. Provide a detailed 90-day plan describing how the contract will be implemented within your firm.

Our company employs a huddle structure for communicating and cascading important information. Every fourth Friday, we hold a company-wide huddle in which we will communicate the TCPN contract terms and how it will benefit our current customers and prospects. We will follow the huddle with an email, which reviews the information shared on the huddle. We will do this for three consecutive company-wide huddles.

5. Describe how you intend on train your national sales force on the TCPN agreement.

Our sales force is supervised by two regional managers and a national sales director. The first Friday of each month, our entire sales force participates in a 30 minute huddle to cascade information, train and tend to needs. In addition, we have an annual Sales Advance for three days in which we provide detailed training on sales related topics including TCPN.

6. Acknowledge that your organization agrees to provide its company logo(s) to TCPN and agrees to provide permission for reproduction of such logo in marketing communications and promotions.

Flippen Group will provide the company logo and agrees to provide permission for reproduction of such logo in marketing communications and promotions

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7. Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.

Flippen Group fully expects to market and render multiple contracts over the next three years. The revenue is unknown at this point.

Administration 1. Describe your company’s implementation and success with existing cooperative purchasing programs, if any, and provide the cooperative’s name(s), contact person(s) and contact information as reference(s).

The Flippen Group does not currently have agreements with other cooperative purchasing programs.

2. Describe the capacity of your company to report monthly sales through this agreement.

The Flippen Group has the capacity to report monthly sales through this agreement and we have in prior years, but only to the extent that either our customer notifies us that they are working with TCPN or TCPN directly notifies us that a customer qualifies under this agreement.

3. Describe the capacity of your company to provide management reports, i.e. consolidated billing by location, time and attendance reports, etc. for each eligible agency. N/a 4. Please provide any suggested improvements and alternatives for doing business with your company that will make this arrangement more cost effective for your company and Participating Public Agencies. Nothing at this point Green Initiatives We're committed to helping to build a cleaner future! According to the U.S. Census Bureau, the world population is expanding at a mind-boggling rate. The world reached 1 billion people in 1800; 2 billion by 1922; and over 6 billion by 2000. It is estimated that the population will swell to over 9 billion by 2050. That means that if the world’s natural resources were evenly distributed, people in 2050 will only have 25% of the resources per capita that people in 1950 had. The world has a fixed amount of natural resources - some of which are already depleted. So as population growth greatly strains our finite resources, there are fewer resources available. If we intend to leave our children and grandchildren with the same

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standard of living we have enjoyed, we must preserve the foundation of that standard of living. We save for college educations, orthodontia, and weddings, but what about saving clean air, water, fuel sources and soil for future generations? As our business grows, we want to make sure we minimize our impact on the Earth's climate. So we’re taking every step we can to implement innovative and responsible environmental practices throughout TCPN to reduce our carbon footprint, reduce waste, promote energy conservation, and ensure efficient computing and much more. To that effort, we ask respondents to provide their companies environmental policy and/or green initiative.

The Flippen Group values the environment and realizes our actions make a difference. We value the protection, conservation and restoration of the natural environment for the benefit of present and future generations.

Vendor Certifications (if applicable) Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to licenses, registrations or certifications. Certifications can include: applicable M/WBE, HUB, and manufacturer certifications for sales and service.

The Flippen Group holds many certifications throughout the United States which allow the company to do business in those states. Upon contract, we will provide the necessary required documents.

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Attachment A – Leadership Team

158

Flip Flippen 979.693.7660 1199 Haywood, College Station, TX 77845 [email protected]

Professional Accomplishments • Highly Successful Social Entrepreneur: Having founded, sold and run

numerous companies ~ both profit and non-profit • New York Times, USA Today and CEO Read Best Selling Author:

The Flip Side: Break Free of the Behaviors That Hold You Back • Internationally Known and Highly Sought Speaker

Programs Developed • Teen Leadership: A program that teaches professional and leadership skills to teens.

Approved for high school credit in 1994 by the Texas Education Agency. Teen Leadership has reached hundreds of thousands of young people and educators – 1989-Present

• Keystone Curriculum: An elementary program designed to provide students with essential social skills and principle-centered decision making abilities – 1994-Present

• Leadership Solutions Development Systems: Statistical evaluations which help people and systems achieve optimum effectiveness. LSDS is used with corporations, education and individuals – 1994-2005

• Inward Bound-HCA Greenleaf: An outdoor challenge course used in developing self-confidence, creative problem solving, and team building – 1990 -1994

• Inward Bound – B/CS: An employee/student assistance program for businesses, schools, and churches. Key components of this program include prevention, early intervention, quality mental health care, and cost containment - 1991-1994

• Creative Leadership: A leadership/management seminar for corporations, designed to ensure implementation of strategy as well as personal growth - 1991-2005

• Family Life Counseling Services: Clinical services agency with a staff of psychologists, social workers, licensed professional counselors, and interns. Founder and CEO.– 1972-1987

• Still Creek Ranch: 550 acre residential treatment facility for emotionally disturbed adolescent boys. Founder and CEO – 1974-1987

• Center for Counselor Training: Training program for Para-professionals in clinical skills. Founder and CEO – 1982-1987

• Summer Challenge Program: Summer work/therapy program for teenage boys, employing 50 adolescents per summer. Founder and CEO – 1975-1987

Professional Memberships and Recognition • Licensed Professional Counselor: specializing in family, marital and adolescent

therapy • Member of American Mental Health Counselors Association • Board Certified in Forensics • Adjunct Member of Kazan State University, Kazan, Russia • Recipient Leadership Fellowship for Russia • Numerous appointments to governmental agencies and commissions

159

Flip Flippen • 979.693.7660 • [email protected]

Page 2 of 2

Work History Founder and President The Flippen Group

College Station, TX

1988 - Present

Education

Bachelor of Arts Stephen F. Austin State University

Huntsville, TX

1969

Master Texas A&M University

College Station, TX

1973

References

References are available upon request.

160

Jim Rosebrock 254.721.6198 11429 Falcon Cove, Temple, TX 76502 [email protected]

Professional & Community Accomplishments

Professional • Member of Texas Association of School Administrators

Community • Member of Knights of Columbus • Member of Belton Chamber of Commerce • Former Member of Belton Chamber of Commerce Board of Directors • Member of Belton Lion’s Club

Work History Executive Team The Flippen Group, L.L.C.,

College Station, TX

2001 - Present

Deputy Superintendent Belton I.S.D.

Belton, TX

1997 - 2001

Principal Dripping Springs High School

Dripping Springs, TX

1995 - 1997

Principal Somerville High School

Somerville, TX

1992 - 1995

Assistant Principal Giddings Middle School

Giddings, TX

1991 - 1992

Coach Texas State University

San Marcos, TX

1984 - 1991

Coach/History Teacher Trinity Valley Community

College Athens, TX

1981 - 1984

Education Ed.D. in Educational Administration

Texas A&M University

College Station, TX

1996

161

Jim Rosebrock • 254.721.6198 • [email protected]

Page 2 of 2

M.Ed. in Educational Administration

Texas State University

San Marcos, TX

1990

Post-graduate work (18 hours) in History


San Marcos, TX

Stephen F. Austin University

Nacogdoches, TX

1981 - 1982

M.Ed. in Secondary Education Texas State University

San Marcos, TX

1981

B.S.Ed. in Physical Education and History


San Marcos, TX

1980

References References are available upon request.

162

Michael L. Holt, Ph.D. 979.575.7884 1199 Haywood College Station, TX 77845 [email protected]

Professional & Community Accomplishments

Statewide Professional Accomplishments • 2005-09 Statewide District Judge for Texas HEB School Excellence Awards • 2003-08 Texas P-16 committee; San Antonio City South P-16 Committee • 2004-07 Texas High School Redesign & Restructuring Project Evaluator • 2007-08 Texas Curriculum Audit Team Member, Legislative Budget Board • 2003 Texas Math & Science Teacher Recruitment Committee Chair • 1999 Texas Principal Induction Committee • 1998 Texas Professional Development and Appraisal System Review Committee • 1998 Tarleton Effective Schools Project Administrator of the Year • 1997 Professional Development and Appraisal System Scoring Standards Committee • 1997 Region 12 Middle School Principal of the Year • 1995-2001 Texas School Improvement Initiative Cycle 8 Evaluator • 1995-2000 Charter Member, Tarleton Principal Action Lab

Community Accomplishments • 2001 Hillsboro Lions Club Citizen of the Year • 2001 Hillsboro Optimist Community Recognition Award • 2000 Hillsboro Lions Club Citizen of the Year • 1998 Hillsboro Lions Club Citizen of the Year

Work History Director of Educational Sales

The Flippen Group College Station, TX

2008 - Present

Executive Director of Public School Initiatives

The Texas A&M University System College Station, TX

2004 - 2008

Senior Coordinator for Teacher Recruitment and Induction

The Texas A&M University System College Station, TX

2002 - 2004

Principal Hillsboro Junior High School Hillsboro, TX

1995 - 2002

Education Ph.D. Texas A&M University

College Station, TX August 2006

M.Ed

Tarleton State University Stephenville, TX

August 1994

BS Education Tarleton State University

Stephenville, TX

May 1978

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Michael Holt, Ph.D. • 979.575.7884 • [email protected]

Page 2 of 2


164

Debbie Emery, Ed.D. 281.463.4580

16014 Peach Bough Ct., Houston, Texas 77095 [email protected]

Professional & Community Accomplishments Professional Memberships

• UH Alumni – Past-President, Board of Director • Texas Association of School Administrators • Association for Supervision and Curriculum Development • Delta Kappa Gamma Society International

Provided professional development activities for campus & district administrators • Leadership Academy II – Future Principals • Conducted monthly principal meetings for all administrators • Served on Committees in Cypress-Fairbanks ISD • Diversity Steering Committee • Crisis Planning and Intervention • Bond Election Planning • Boundaries for Elementary, Middle & High Schools • Calendar Committee • Superintendent’s Student Leadership Conference • Substitute Advisory • Review of Personnel Recruiting and Marketing

Assisted with Interview Panels in Cypress-Fairbanks ISD

• Principals and assistant principals • Attorney for CFISD • Assistant Superintendents – C & I, School Administration • Athletic Director

Workshops/Training

• Flippen Profile Certification & Leadership Series • Coaching and Mentoring the Reflective Principal • School Administrators Skills Assessment Assessor Training (SASA) • Creative Training Techniques I & II • Seven Habits of Highly Effective People • Consensus Training • How to Deal with Difficult People

Work History

Lead Consultant and Trainer The Flippen Group College Station, TX

2008- Present

Associate Superintendent for School Administration & Human Resources

Cypress - Fairbanks ISD Houston, TX

2002 - 2008

165

Adjunct Professor Cy-Fair Cohort

Sam Houston State University Houston, TX

Fall of:

2000, 2002, 2005

Assistant to Superintendent Cypress-Fairbanks ISD Houston, TX

2001 - 2002

Principal Truitt Middle School

Cypress-Fairbanks ISD Houston, TX

1996-2001

Principal Metcalf Elementary School

Cypress Fairbanks ISD Houston, TX

1991-1996

Principal Bane Elementary

Cypress Fairbanks ISD Houston, TX

1987-1991

Assistant Principal, Media Specialist, Teacher

Lieder Elementary Cypress Fairbanks ISD Houston, TX

1978-1987

Teacher Inwood & Bethune Elementary

Aldine ISD Houston, TX

1976 - 1978

Education Superintendent Certification University of Houston

Houston, Texas 2002

Doctorate in Educational Leadership

University of Houston Houston, Texas

1998

Mid-Management Certification University of Houston Houston, Texas

1986

Masters in Library Science Sam Houston State University Huntsville, Texas

1983

Bachelor of Science Major: Elementary Education Magna Cum Laude

University of Houston Houston, TX

1976

Undergraduate courses in Elementary Education

University of Texas Austin, TX

1973-1975


166

Carol K. Holtzapple, Ph.D. 979.595.3411 1199 Haywood Drive, College Station, TX 77845 [email protected]

Professional & Community Accomplishments Research Chemist

• Designed residue detection methods for drugs and toxic compounds for the USDA.

Director of Research and Planning • Uses background in empirical research methods to develop evidence-based efficacy

studies in prevention research. Publications

• Authored more than 40 publications, including three book chapters and three patents. • Had two patents that were licensed and commercialized.

Selected References

• Holtzapple, C.K., Griswold, J.S., Cirillo, K.J., Rosebrock, J., Nouza, N., & Berry, C. (2010). Implementation of a school-wide adolescent character education and prevention program: Evaluating the relationships between principal support, faculty implementation, and student outcomes. Comprehensive report submitted to Oneida-Herkimer-Madison BOCES and Riverside County Office of Education (RCOE).

• Holtzapple, C. (2009). Controlling for baseline covariates to improve the statistical power of efficacy trials involving whole school prevention programs. 17th Annual Meeting of the Society for Prevention Research 2009. Poster presentation.

• Holtzapple, C.K., Pishko, E.J., & Stanker, L.H. (2000). Separation and quantification

of two fluoroquinolones in serum by on-line high-performance immunoaffinity chromatography. Analytical Chem. 72:4148-4153.

• Holtzapple, C.K., Carlin, R.J., & Stanker, L.H. (1998). Incorporation of molecular

modeling techniques in immunogen design and immunoassay development. Recent Res. Devel. in Agricultural & Food Chem., 2:865-880. (Book chapter.)

Work History Director of Research and Planning

The Flippen Group

College Station, TX

2006- present

Research Chemist USDA Agricultural Research Service

College Station, TX

Postdoctoral Research Fellow M.D. Anderson Chemical Carcinogenesis Cancer Institute

Houston, TX

167

Carol Holtzapple • 979.595.4311• [email protected]

Page 2 of 2

Education Ph.D. in Biochemistry and Protein Biophysics


College Station, TX

1989


168

Bethany Rosebrock 254-780-4008 11429 Falcon Cove, Temple, TX [email protected]

Professional Accomplishments • Executive Team: responsible for strategic planning, intentional culture, and personal

growth of staff • Product Development: Heads up the development and quality control of all Flippen Group

training and products. • Development of training staff: responsible for hiring and training of The Flippen Group

professional training staff • National Speaker

Work History Executive Team The Flippen Group

College Station, TX

1997-present

Teacher/Coach Dripping Springs High School

Dripping Springs, TX

1994-1996

Teacher/Coach Somerville Junior High / High School

Somerville, TX

1992-1994

District Special Ed. Physical Education Coordinator / Coach

San Marcos High School

San Marcos, TX

1990-1992

Assistant Women’s Basketball Coach


San Marcos, TX

1988-1990

Area Sales Manager Dillard’s

San Antonio, TX

1986-1988

Education Master’s Education Texas State University

San Marcos, TX

1990

BA Business Texas A&M University

College Station, TX

1986


169

Tanya G. Peterson 903.561.1111 1199 Haywood Drive, College Station, TX 76502 [email protected]

Professional & Community Accomplishments Flippen Group Training Services Director

• Create internal systems and processes for quality and growth • Scheduling and event planning for all trainings • Assist with priority customer accounts • Operations Team member • Team Leader for Customer Service/WOW Team • Manage and coordinate the use of training capacity and event contracts

Flippen Group Customer Service • Patient filing • Coordination with Leadership Education Foundation • Vendor coordination • Internal scheduling • Event planning and resource allocation

Work History Training Services Director The Flippen Group

College Station, TX

2003-Present

Customer Service

Representative

The Flippen Group

College Station, TX

1997-2003

Professional Intern The Flippen Group

College Station, TX

1996-1997

Education Bachelor of Science, Psychology


College Station, TX

1997

Associates Degree, Psychology

Tyler Junior College

Tyler, TX

1995


170

Debra L. Payne, M.Ed. 254.780.2410 41 Driftwood Drive, Belton, TX 76513 [email protected]

Professional & Community Accomplishments Awards and Honors

• 1999 - Appointment to U.S. Basics Board of Directors • 1996 - Central Texas Workforce Development Board Volunteer of the Year • 1993 - Central Texas Workforce Development Board JTPA Educator of the Year • 1990 - Scholarship Recipient, Texas Association for Health, Physical Education • 1990 - Belton ISD Certificate of Outstanding Service Award • 1989 - Scholarship Recipient, Texas State Parent and Teachers Association

Authorship Co-Author:

• Key Targets for Curriculum and Instruction • Data Walks, A Classroom Walkthrough Model • The Design and Delivery of Engaging Lessons

Work History Senior Consultant/Account Manager

Learning Keys

Belton, TX

2005-Present

Senior Consultant/Project Manager

Learning 24-7, Teachscape

2002-2005

District-Level Administrator Belton ISD

Belton, TX

1990-2002

Education Master of Education Administration and Mid Management Certification

University of Mary Hardin Baylor

Belton, TX

1990

Bachelor of Science in Health, Physical Education, Recreation and Dance/Business Education

West Texas State University

Canyon, TX

1978


171

Tammy McKee 254.933.9498 1450 Shanklin Road, Belton, TX 76513 [email protected]

Professional & Community Accomplishments Awards and Honors

• Belton ISD Teacher of the Year - 1983 • Scholarship Recipient, Baylor University – Masters Degree • National Association of Curriculum and Development, Member • Phi Delta Kappa, Member

Community • Cultural Activities Center Board Member -1997 – 2002 • Community Schools Board - 1999-2002 • Region 12 Technology Advisory Board - 1996 – 1997

Work History Senior Consultant Learning Keys

Belton, TX

2005-Present

Senior Consultant/Project Manager

Learning 24-7, Teachscape

2002-2005

District-Level Administrator Belton ISD

Belton, TX

1992-2002

Elementary School Teacher Belton ISD

Belton, TX

1979-1986, 1988-1990, 1991-1992

Elementary School Teacher Riesel Elementary

Riesel, TX

1/79 – 8/79

Education Master of Education

Baylor University

Waco, TX

1987

Bachelor of Science in Education

Baylor University

Waco, TX

1979


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TAB 4 – PRODUCT / SERVICES

I. Vendor shall assist with the development of a school district systems approach that

outlines the processes, procedures and expectations in the areas of leadership development, planning, culture & climate, curriculum, instruction, assessment and professional development.

Flippen Group assists school districts with developing a systems approach that is research-based and aligned to effective school practices. This is foundational for school improvement efforts and incorporates both off-site workshops and job-embedded coaching. Included is direct training, professional modeling, adequate and authentic practice, team collaboration with all stakeholders and data-driven decision making. We address all areas of leadership development, planning, culture and climate, curriculum, instruction, assessment and professional development. Our target audiences include all administrators (campus principals and district/central office administrators), teachers and campus staff. We also offer character curriculum targeting students at all levels. We offer both formative and summative evaluation measurements including district benchmarks, surveys, principal and teacher self-assessments, data walkthroughs, state assessment scores, student attendance and student disciplinary action reports. The following summary highlights the professional development and areas we address. FLIPPEN GROUP PROFESSIONAL DEVELOPMENT AND PLANNING Our leadership trainings provide strategic planning and operational consulting, working with administrators to closely identify, communicate and achieve organizational goals and objectives.

� Needs Assessment – creating an external assessment/audit of curriculum practices that

demonstrates district needs based on data triangulation.

� Leadership Blueprint – establishing a solid leadership team focused on the priorities that create high performance.

� Organization Blueprint – creating a strategic plan with limited priorities based on common

core principles that are non-negotiable. � District Consulting – providing a lead consultant to assist leadership with implementation

of Capturing Kids’ Hearts processes through shadowing, modeling and feedback. � Priority Customer Calls – phone consultations with Flippen Group lead consultants to

increase implementation fidelity of model processes (District by Design package only). � Lead Consulting Days (à la carte) – providing an opportunity for TCPN partners to

customize the availability of Flippen Group lead consultants to its staff.

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CULTURE AND CLIMATE Our professional development series that impacts culture and climate creates high-performing schools by equipping administrators, teachers, and students with the skills and knowledge needed to cultivate a positive and productive learning environment.

� Capturing Kids’ Hearts – creating high performing cultures and self- management in

classrooms based on a model process. � Process Champions – establishing mentors and coaches to insure implementation and

sustainability of Capturing Kids’ Hearts.

� Teen Leadership – providing a curriculum and course structure that teaches secondary students the skills necessary to succeed in post-secondary opportunities.

� Building Champions In-service – A half- or full day in-service to boost morale and provide

strategies to teachers and administrators for building relationships with students.

� CKH Momentum – CKH Momentum is a half- or full day of consulting with faculty and staff to review the EXCEL™ model and other strategies learned in Capturing Kids’ Hearts.

CURRICULUM AND INSTRUCTION, ASSESSMENT We offer curriculum and instructional training with solutions for data management, assessment, curriculum and instruction. High performance in schools means complete alignment – not just alignment to state standards, but intentional connections between curriculum, instruction and assessment. Like the precision of a lock and key, each part of the school must operate as designed and in concert with all other parts. Learning Keys professional development gives schools the tools needed to unlock the potential of every classroom.

� Needs Assessment – creating an external assessment/audit of curriculum practices that

demonstrates District needs based on data triangulation.

� Data Walks I and II – training administrators and instructional leaders how to collect classroom data that becomes the basis for collaborative academic campus discussions.

� Curriculum Development – intense training on alignment of curriculum to standards and

removal of overlap and gaps.

� Designing and Delivering Engaging Lessons Series – developing experts in designing and delivering lessons that are engaging, grade level appropriate and differentiated to meet individual student’s needs.

� Research Based Instructional Strategies Series – understanding the current research

and implementing theory to practice grade level specific activities.

� Collaborative Coaching – establishing teachers as core curriculum experts at each campus to lead implementation of curriculum alignment.

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� Focused Coaching Series – providing leadership development for campus principals and instructional leaders that will increase their knowledge and expertise in curriculum development for the purposes of increased expectations and accountability.

� Flippen Reading Connection – brain based techniques to address phoneme awareness, phonics vocabulary development, reading fluency and reading comprehension based on learning patterns.

� Algebra – algebra content delivered through the Concrete-Representational Abstract (CRA)

instructional approach using manipulative models, drawings and symbols to demonstrate operations with integers, equations and polynomials.

� RtI Manual and Training – Manual detailing step by step RtI implementation based on the

seven core principles of RtI practices. The manual can be implemented with or without Flippen Group training.

� Campus Consulting – campus based consulting visits by an expert in Flippen processes;

provides shadowing, modeling and feedback to campus principals and Process Champions to increase implementation fidelity.

� Phone Consulting – phone consultations with Flippen Group campus consultants to

increase implementation fidelity of model processes.

� Research and Evaluation – providing a research process led by an experienced evaluator to gather data and assess implementation and outcomes and provide a report indicating areas of deficiency for targeted intervention.

II. The vendor should assist in developing, revising, and recommending adoption and

implementation of policies regarding district curriculum policy to reflect the expectations of the school districts and to provide direction for the educational program and general operations.

Flippen Group’s Learning Keys processes focus on quality control of written, taught, and tested curriculum. Our team of consultants, all experienced education professionals, assist with identifying areas for improvement and implementing research-based solutions that target: synthesized and triangulated data, system alignment at the district and campus level, articulated and coordinated curriculum, research-based instructional practices and standardized processes. NEEDS ASSESSMENT The Flippen Group will work with schools to determine comprehensive needs through an intensive Needs Assessment process and will provide campus consulting services designed to coach and mentor leadership throughout the training process. With student outcomes as the focus, teachers will design appropriate data assessments to determine the level of understanding and mastery of each concept and will promote an environment that is relationally healthy, striving for a culture of excellence. Data assessment is critical to determining the level of success. We will assist the district’s instructional leaders in developing, revising, and recommending adoption and implementation of policies regarding district curriculum. Together we determine the direction for the educational program and general operations.

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Two key trainings (Data Walks and Curriculum Development) help shape district policy; campus teams take a close look at pertinent student data to develop and revise the curriculum. These are explained in more detail below.

III. The vendor shall provide training and resources needed to develop and implement

the district’s curriculum document that provides the following components:

• Instructional Focus Calendar • Grade level expectations to be mastered • Grade level and Subject area Academic Vocabulary to be mastered • Identification of aligned instructional resources

CURRICULUM DEVELOPMENT

The Curriculum Document is a critical component of the school improvement process. During Curriculum Development training, instructional leaders and teachers will construct a Curriculum Document (or revision process) that provides:

� An instructional focus calendar � Grade level expectations to be mastered � Grade level and subject area academic vocabulary to be mastered, and � Identification of aligned instructional resources.

The Curriculum Document is then used in the training for mapping the instructional plan to be taught to obtain mastery prior the state assessment. This document is collaboratively developed by teachers, and identifies specific standards and objectives to be taught in a prioritized timeline. The standards and objectives are determined by analysis of student data and understanding state testing priorities, typically outlined in state blueprints. The Curriculum Document serves as a pacing guide for teachers to ensure that specific standards are taught and reviewed within a specific timeframe. It is followed carefully by the teacher and monitored by the principal. The result is a tight alignment between the intended, taught and tested curriculum, allowing students to spend the necessary time actively engaged in priorities learning. In developing the Curriculum Document, teachers understand the need to scope and sequence essential learning. Components of the document include:

� What is to be taught � Sequence in which skills, objectives and/or concepts are taught � Time frame for introducing, continuing or mastering an objective � Level of thinking student should be demonstrating � Student friendly learning objectives aligned to state standards, including common core

standards � Targeted academic vocabulary � Resource correlation to be used in teaching an objective � Suggested assessment processes � “Top Ten” Safety Net Standards

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Steps to develop the Curriculum Document include training to:

� Review the tested objectives � Review available state blueprints � Examine the state released test items from previous years � Sequence the objectives so teachers have plenty of time to move students to mastery prior

to the state exam � Use formative assessment data to make adjustments to the Curriculum Document

After the Curriculum Document is created, instructional leaders will monitor its use. Conducting classroom walk-throughs and reviewing teacher lesson plans will help determine if the sequence is being followed. Each teacher will monitor student learning through classroom walkthroughs and analysis of assessments and student work. Finally, assessment data will be used along with teacher feedback to make adjustments to the Curriculum Document. See Attachment B: Sample Template for Curriculum Doc ument

IV. Assist with the development of an assessment process that includes the following components:

• Assessment Plan • Create benchmark assessments aligned with standards • Training on purpose of assessments, interpreting assessment data and

making instructional decisions • Develop a monitoring process to document student learning

Designing effective classroom assessments that promote student achievement is a must in today’s schools. We must also create a climate of high expectations by providing accurate and valid assessments with frequent monitoring of student progress to determine if students are meeting learning objectives.

DESIGN AND DELIVERY SERIES; DATA WALKS To meet these demands, Flippen Group provides the Design and Delivery Series and Data Walks (please see below, Section VII.) which provide quality training on the purpose of assessment, interpreting assessment data, and making instructional decisions. Work included centers around:

� Using balanced assessments in support of learning, � Periodic assessments to verify student learning, � Understanding the use of formative and summative assessment data, � Knowing what assessment methods to use and when, and � Learning how to interpret assessment data to inform instructional decisions.

Staff is trained on the types of assessment methods with a strong focus on selected response and personal communication. This process includes identifying elements to be assessed, transforming these elements into assessment exercises or test items, and taking into consideration: instructional

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time, materials, importance for later learning, relationships among various ideas and district scope and sequence. Flippen Group has worked with two districts (Window Rock, AZ, and Woodville, TX) to create and pilot an assessment training that expands upon the Learning Keys Design and Delivery and Data Walks Series. Designing Effective Classroom Assessment that Promotes Student Achievement assists schools with creating benchmark assessments aligned to standards. The product has been pilot tested and ensures that all staff understands benchmark assessment procedures, including: creation of assessments aligned to standards, length of assessment, grading expectation, make up process, protocol to hand out and turn in assessments and all procedures that impact validity and reliability of the results. Communication with students is discussed, to include pre- and post-benchmark assessment preparation and student assessment conferences.

COLLABORATIVE COACHING

This coaching model offers explicit guidelines with specific indicators of progress spelling out what teachers should know and be able to do in order to continue becoming “smarter” about improving student learning. Collectively, they represent a single, well-defined continuum of growth – a path focused on improving student performance, but built on the understanding that individual teachers will be walking it at different phases and different times. Collaborative Coaching is a minimum of 10 days of extensive instructional coaching over the course of the semester. This coaching model guides teachers as they learn to collect and analyze student work, use that information to plan instructional interventions, and identify professional development that will enable them to be more effective. The prerequisite for this training is Designing and Delivering Engaging Lessons.

� Teacher Preparation Phase: Teacher identifies student performance data related to essential learning and completes a preliminary analysis of the data.

� Initial Collaboration Phase: The teacher and coach discuss the teacher’s preliminary performance data analysis, agree on the teaching strategies for improving student learning, and draft a plan for implementation.

� Initial Monitoring Phase: The teacher utilizes the instructional practices in the classroom while being observed by the coach. This phase incorporates clear and ongoing communication between the teacher and coach.

� Mid-cycle Review Phase: The teacher and coach meet to discuss progress to date and, if necessary, revise both the teaching strategies used and related monitoring and support activities.

� Secondary Monitoring Phase: The teacher continues with instructional interventions and analysis of performance data, with some plans and procedures modified based on the outcome of the mid-cycle review.

� Summative Review Phase: The teacher and coach meet for a final review of the teacher’s work before the end of the teacher growth cycle. This meeting includes reflections about the work done throughout the targeted time period as well as written reports of accomplishments.

Two of our professional development trainings (Data Walks and Focused Coaching) address the need to synthesize and triangulate data to provide a system-wide look at needs and solutions. Recommendations are targeted for implementation along with a suggested time frame.

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DATA WALKS

Data Walks provide a comprehensive approach to determining the effectiveness of instruction in every classroom on a campus as well as the instructional patterns and trends across the campus during prime instructional time. When collected data is triangulated, patterns begin to emerge that paint a clear and accurate picture of the quality of instruction in the classroom. Each school should review benchmark data for key performance indicator and compile a report that is delivered to all faculty. We recommended this activity be completed every 6-8 weeks, Focus is primarily on what the student is doing relative to the teacher’s delivery of instruction. Data Walks measure:

� Level of thinking by students � Lesson alignment to standards � Level of engagement of students � Research-based instructional strategies being utilized � Types and quality of questioning � Students’ understanding of learning objectives of the lessons � The learning environment and its impact on learning

Student test scores are analyzed and triangulated with professional development data and Data Walks results to determine the effectiveness of the written, taught and tested curriculum. FOCUSED COACHING

Instructional leaders are taught to listen, provide feedback, model, assist in planning, provide direction, challenge and encourage teachers. The training includes the following components:

� Focused Coaching: Engaging Students in the Right Work Participants will be led through a process that assists them in determining if the work they are giving students is meeting the grade level expectations of the state. Participants will also take a look at their most recent assessment results and plot their student scores on the Key Targets for Curriculum and Instruction Chart. The chart will guide the participants to determine if they are having curriculum issues or instructional issues that reflect back to the work they are giving students. Through this training, participants will be led through a process to ensure that students are not only working on the right work, but that it is ‘work worth doing’.

� Focused Coaching: Level of Thinking

Providing students with the opportunity to demonstrate knowledge of the content in the state standards requires that teachers design work for students at the level of thinking required for mastery of those state standards. In this training, participants will review components from the Design Framework and use those components to create appropriate-level student work.

� Focused Coaching: Student-Friendly Learning Objectives

As the name implies, learning objectives establish a direction for learning. Writing objectives in student-friendly language and ensuring the learning objective is evident to the student increases achievement in the classroom. Participants review the criteria of writing student-friendly learning objectives from Designing Engaging Lessons and Data Walks. They also practice using state standards to write these objectives.

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� Focused Coaching: Data Walks Rubric

The Data Walk process is a powerful tool to coach teachers and make building decisions concerning patterns and trends that are reflected in the classroom walks. The Data Walks Rubric is the next phase of this process that will take instructional leaders to a new level. Participants will be guided in creating a rubric concerning each of the six components and determine what each component looks like in an exemplary classroom, proficient classroom and a non-proficient classroom. As participants are led through this process, they develop a clear picture of what each component means. The rubrics provide instructional leaders with direction to guide staff in reaching a new level and of ‘next steps’ in each identified component.

V. Provide evaluations and recommendations for the following processes and

programs:

• Child Study Team • Accelerated Reading Program • Gifted and Talented • Special Education • Tutorials • Other programs as determined

See Flippen Group’s Learning Keys Needs Assessment description, Section II (above) .

RESPONSE TO INTERVENTION The Learning Keys RtI process comprises seven core principles that represent recommended RtI practices (Mellard, 2003). These principles represent systems that must be in place to ensure effective implementation of RtI systems and establish a framework to guide and define the practice.

� Use all available resources to teach all students. � Use scientific, research-based interventions/instruction. � Monitor classroom performance. � Conduct universal screening/benchmarking. � Use a multi-tier model of service delivery. � Make data-based decisions. � Monitor progress frequently.

Learning Keys assistance to districts and schools provides the following in Response to Intervention:

� A district wide process aligned to best practices. � A district wide plan as it relates to RtI. � A campus based plan as it relates to the district plan. � Training for all staff to build an understanding of the district/campus RtI process. � Electronic templates of all forms, manuals and documents necessary for RtI implementation

and that allow customization by districts. � Instructional training for staff at Tiers I, II, and III.

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� A K-12 system of math assessments for universal screening and progress monitoring. � Training to establish effective RtI district and/or campus based teams. Training will assist

teams in providing: • Support to all students to ensure academic success. • Support to teachers in determining the most appropriate educational settings for all

students. • Information and support to classroom teachers to enhance student learning.

VI. Assist with the development of Professional Development System for administrators

and teachers to provide the following components:

• Professional development plan for the district • Professional development plan for campuses • Professional development recording and tracking system

Peak performance in schools means complete alignment – not just alignment to state standards, but intentional connections between and across curriculum, instruction, and assessment. Our lead consultant will work with district and campus leaders to assess needs and provide an objective professional development plan for both that include formative and summative evaluations. We will also assist leaders with developing a recording and tracking system that includes a professional development timeline, training evaluations, and recording of attendees. The professional development recommendations will be based on a comprehensive needs assessment review of student performance data on the state assessment, data collected on campus walkthroughs (including feedback from teachers, principals, and central office administrators), and other pertinent district and campus information. These are triangulated to develop recommendations in these areas: Curriculum and Planning, Instruction and Assessment, Professional Development, Analysis of State-Required Student Standardized Test Scores, and Analysis of Classroom Instruction Time. The report is foundational to designing the sequence for the proposed professional development training, coaching, and job-embedded walkthrough and work schedule. Upon conclusion of the Needs Assessments, the consulting team will recommend a flexible and effective professional development plan for the district and campuses, incorporating both off-site workshops and job embedded coaching. The Flippen Group research team offers assistance with the design of surveys and outcome assessments to ensure that activities are supporting the district’s focus. The actual work plan will be based on the specific needs of each campus. We also assist leaders in evaluating outcomes of interventions. Our research team has developed assessment tools to help leaders determine the level of campus implementation and make course corrections at the district and campus level in a timely manner. Flippen Group offers phone and on-site consultations to schools and classrooms to support educators in mastering the skills presented in the trainings. We provide feedback loops through District and Campus Consulting , as well as administrator TrAction plans as part of the Leadership Blueprint training. An EXCEL Scorecard is provided at each visit by the lead consultant, who uses onsite visits, phone consultations, and leadership surveys. This ensures fidelity of implementation of the processes taught and is foundational to sustaining an intentional culture.

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VII. Provide multiple staff professional development trainings to ultimately move

toward higher student achievement, including:

• Data walks training for administrators • Key instructional design and delivery training to enhance lessons • Leadership development creating high performing cultures • Aligning curriculum to state & national standards • 6 traits writing process and other content areas

DATA WALKS I and II Data Walks is a tool which assists leaders in the collection, compilation, and disaggregation of data to effectively guide them to solutions for school improvement – solutions that are research-based and needs-driven. Included in Data Walks I and II are:

• Four-days of job-embedded training in 2-day sequences, • Practice and reflection on conducting school-wide classroom visits, • Practice coaching teachers for school improvement that is based on data, • PDA-available training, and • An easy tallying system for data collected.

Data Walks Web-based Software All information from Data Walks evaluations is housed on a web-based server that allows registered individuals to log on from any personal computer (PC) but protects the information from being accessed by restricted individuals. Software Download The software is downloaded from the website via computer and then synchronized with the handheld device; the handheld device is used to conduct walkthroughs. Information is synchronized back to the computer and then compiled with the data for the site. Data Walks Templates Templates have been developed to be consistent with components of Data Walks. Purpose Data Walks Templates are intended to compile walkthrough data from multiple sources (if desired) and from multiple walks. Information from the walkthroughs is used to identify overall patterns and trends in schools and throughout the district to determine goals for professional development. Once Data Walks are completed, Flippen Group offers continuing professional development support including: Engaging Students in the Right Work, Level of Thinking, Student Friendly Learning Objectives, and Data Walks Rubric

LEARNING KEYS DESIGNING AND DELIVERING ENGAGING LESSONS The design and delivery of engaging lessons is critical to unlocking student potential. This training series is designed for teachers, instructional leaders, and school-based academic intervention teams. It focuses on alignment of what is expected in the classroom to what is actually being taught. Participants

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utilize research-based instructional strategies as they become more familiar with the state standards and learn to design and deliver lessons aligned to those standards. In addition, teachers will learn the value of effective feedback and questioning methods. Design and Delivery Classroom Instruction Series Includes:

� Designing Engaging Lessons (full day):

This training focuses on alignment of what is expected to what is being taught in the classroom. Participants will become familiar with the state standards and design lessons aligned to the standards. Teachers learn to: 1) Deconstruct state standards, 2) Design student-friendly learning objectives, lessons and assessments, 3) Determine academic vocabulary covered, and 4) Develop effective target questions higher on Bloom’s Taxonomy.

� Delivering Engaging Lessons (half-day): This session teaches participants the elements and use of the lesson delivery tool to maximize lesson delivery. Teachers also identify and apply research-based instructional strategies that guide classroom practice and maximize student achievement.

� Designing Engaging Student Work (half-day): Teachers must ensure that students authentically respond to lesson tasks and are working at or above grade level. In this training, we identify tools to assist teachers in determining levels of thinking. Participants analyze walk-through data and its connection to student engagement. The ten qualities of student work will also be examined and lessons designed to address grade-level standards.

� Research Based Instructional Strategies (half-day):

Providing effective feedback to students is essential for ensuring that instruction impacts student learning. Most educators are good at praising students, but they do not understand the power of effective feedback, which actually raises student achievement. Corrective feedback conveys to students that they can have some control and responsibility for their own learning. RBIS reviews Marzano’s research-based instructional strategies which include: 1) summarizing, 2) note taking, 3) student to student feedback, 4) cooperative learning, and 5) similarities and differences. Teachers will learn the difference between praise and feedback and will be able to use strategies in the classroom to provide students with effective feedback that impacts learning.

LEADERSHIP DEVELOPMENT

A coherent, aligned, leadership-driven system is necessary for a district to effectively support schools and develop staff, but many face barriers. Effective leadership overcomes these barriers. “No organization can rise above the constraints of its leader,” (Flip Flippen). We believe LEADERSHIP is the nucleus of school improvement and leads to increased productivity, satisfaction among all stakeholders, and goal accomplishment. We have investigated hundreds of “best practice” articles and books by leadership experts, and extensively researched products being used for school turnarounds. We learned that effective leadership and organizational change demands an intentional balance of human performance factors and system design factors. Relationships are at the core of performance, and genuine trust and respect are essential for any organization seeking to grow and improve. We have created packages that address the systemic processes necessary to create break through and sustainability at the district

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and campus levels. Our Education by Design (culture, climate curriculum and instruction), District by Design (either culture and climate series or curriculum and instruction series) and Campus by Design (culture and climate series) packages offer training and support products at a substantially discounted price and are negotiated by the Flippen Lead Consultant. Since the leaders of an organization are responsible for communicating the vision and converting it into results, they must align the thinking and actions of others toward common expectations and goals, minimizing false starts or missteps. However, training in and of itself is not enough to create sustainability. We stay with you – coaching, mentoring, role playing and providing feedback – until you are proficient in the behaviors and processes. The coaching model begins with our consultants working with the campus principal and Process Champions. Maintaining this connection with you as a follow up to training is critical to your success. Flippen Group’s leadership trainings, designed to be implemented at the district level, begin at the place other professional development providers tend to skirt: relationships. Relationships are the key to creating high performance. Our series of leadership development trainings and consulting products include: Organization Blueprint, Leadership Blueprint, District Consulting, Priority Customer Calls, Capturing Kids’ Hearts, Process Champions, and Campus and Phone Consulting.

ORGANIZATION BLUEPRINT The leaders of an organization are responsible for translating vision into results. They must align the thinking and actions of others to common expectations and goals without false starts or missteps. Organization Blueprint directs leaders to coordinate mission, core principles, vision, capacity for change, alignment tools, accountability, and internal communication. Leaders also learn skills for guiding an organization through the strategic-planning process. The end result is a focused vision and action plan in areas important to the district.

LEADERSHIP BLUEPRINT Leadership Blueprint focuses on leadership potential at all levels to meet organizational and personal growth goals. During these three days, leaders will discover that relationships form the core of performance and that real trust and respect are essential for growth and improvement. District and campus leaders practice skills for candid communication – both personally and on the job. Participants learn to connect with peers and colleagues toward common goals and open up communication for effective feedback. They’ll build high-performing, self-managing teams and develop skills and techniques for conflict resolution.

DISTRICT CONSULTING Once district administrators have attended either Leadership Blueprint or Organization Blueprint, our lead consultants will monitor implementation and provide guidance and feedback to achieve fidelity in implementation. In order to be effective and lasting, it is imperative that district leaders understand the initiative on a personal level. Administrators will learn to speak the reform language, model behaviors and improve recognition methods for increasing district and campus performance.

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PRIORITY CUSTOMER CALLS In the intervals between lead consultant visits, phone consulting provides six 1-hour phone calls to support district administrators as they implement the process. Action steps are refined, addressing and removing obstacles to implementation.

CAPTURING KIDS’ HEARTS

Focusing on relational, intentional, and transformational leadership skills for teachers is the start of positive changes in students. According to Professors Anthony Bryk (Stanford University Executive Program in Educational Leadership) and Barbara Schneider (Alfred P. Sloan Center on Parents, Children, and Work at the University of Chicago), relational trust is a core resource for school improvement. Capturing Kids’ Hearts is designed to improve the culture of the district by increasing the “relational capacity” of administrators, teachers and students (i.e., the ability for these relationships to withstand and absorb struggles and issues). Capturing Kids’ Hearts processes teach staff to put time and effort into building relationships. Administrators and teachers increase team cooperation, as well as student-teacher and student-student connectedness.

PROCESS CHAMPIONS Process Champions are teachers and campus administrators who receive training to act as process mentors and coaches, helping their colleagues apply and master Capturing Kids’ Hearts (CKH) processes. Because CKH training presents so many transformational ideas and techniques, schools often need additional assistance with implementation. This vital reinforcement is provided through Process Champions, who learn to:

� Mentor colleagues in implementing CKH concepts and skills. � Respond to peers’ questions about how to handle specific student situations. � Model key skills and behaviors. � Support peers in developing self-managing groups. � Keep the fires burning for CKH.

CAMPUS CONSULTING

To assist campus principals and Process Champions with the implementation of Capturing Kids’ Hearts processes within the *Campus by Design package, an expert trainer will make a minimum of two campus visits per year to provide opportunities for questioning and feedback. He or she will also shadow administrators, visit classrooms, attend meetings and monitor feedback sessions to coach campus administrators and Process Champions on implementation steps for greater traction and sustainability. *Campus by Design is a package product that bundles services together which are not available à la carte.

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PHONE CONSULTING Six times per year, the Flippen Group campus consultant will provide opportunities for questioning and feedback to Process Champions during a one hour phone conference. These calls are designed to assist in implementation of model processes and help individuals gain traction on sticking points.

CURRICULUM DEVELOPMENT Curriculum Development: (7 days of training per subject) Seamless alignment of K-12 objectives is foundational for a quality education. It ensures student mastery of skills needed for graduation and transition to college and careers. Prior to fully developing the curriculum, instructional leaders and teachers are exposed to the critical components of a curriculum document, the purpose of the document, and methods for its use. This is followed by the Design and Delivery Series, which provides teachers a common understanding of the components necessary for creating, delivering and assessing engaging student lessons, thereby securing total implementation.

Developing and refining curriculum enables teachers to identify gaps, redundancies, and misalignments. It also helps foster instructional dialogue. This training incorporates the research of Fenwich English, Heidi-Hayes Jacob, Robert Marzano and other leading authorities in the field of curriculum and instruction. Curriculum Development training is intended for teachers of core subject areas, with at least 2 teacher representatives per subject for grades K-12 (Pre-K is offered if state standards are available).

The Learning Keys Curriculum Development Training addresses the following issues encountered by so many districts:

� Teachers are uncertain about content taught in previous grades. � Teachers and administrators are not sure whether the current content is essential to students’

achievement in future grades. � Core team teachers have not successfully followed through with creating and implementing

interdisciplinary units. � Teachers are conscientious, but have difficulty completing all tasks. � Teachers are frustrated and need certainty that content is aligned to state standards or

assessments. � Teachers have not been provided time and direction to embed the local and state curriculum

objectives and standards into each of their teaching plans.

We provide the opportunity for a group of the most capable teachers to develop and refine curriculum. This increases their ability to offer their campus a viable set of standards and significantly raise levels of student achievement. Teachers will evaluate curriculum implementation using a school improvement cycle that involves planning, doing, reflecting, and acting. Adjustments to the curriculum document are made by highly experienced teachers and based upon student performance. Programs are evaluated and adjusted based on test data, compliance with federal and state requirements, compliance with the requirements of other funding sources, and the academic needs of students.

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The process eliminates gaps, prevents overlapping and allows differentiation of instruction based on student needs. Curriculum alignment also results in increased communication among educators. Vertical alignment improves student performance by decreasing the amount of time consumed with re-teaching concepts; evaluation is done through state testing. Horizontal alignment refers to curriculum in a common grade level, and is often referred to as a “pacing guide.” Horizontal alignment provides teachers with a goal for their instruction and helps students by ensuring each is adequately prepared for the next grade and state assessment. Research-based instructional strategies are embedded in all Learning Keys modules, and teachers learn how these strategies create student-centered learning and impact student achievement.

RESEARCH BASED INSTRUCTIONAL STRATEGIES

Flippen Group embeds content into all of our Research Based Instructional Strategies trainings. We also provide content specific training in math and reading through Algebra Tiles and Flippen Reading Connection. This training reviews Marzano’s research-based instructional strategies* which include:

1) Summarizing and Note Taking, 2) Cooperative Learning, 3) Identifying Similarities and Differences, 4) Feedback and Effective Questioning, 5) Student-to-Student Feedback. *Additional RBIS information below

� Research Based Instructional Strategies: Summarizing and Note Taking

Summarizing asks students to analyze information and then summarize, in their own words, what is essential. The process of summarizing promotes increased levels of comprehension. Students need explicit instruction to gain the skills necessary to summarize. Teachers learn to create summary frames to assist students in summarizing a reading assignment. Note taking builds upon the skill of summarizing. Students also typically record information word for word without analyzing the information. Teachers learn a specific format to teach students the process of note taking. This process teaches students to use their notes to document their own learning. It also teaches them to refine, review and summarize their notes, which helps them retain information.

� Researched Based Instructional Strategies: Cooperative Learning

This training is designed to help teachers understand the difference between group work and cooperative learning by providing examples of cooperative learning strategies that are modeled by the facilitator and practiced by the participants. In addition, participants leave with an understanding of the key components for successful implementation of cooperative learning, including how to manage a cooperative classroom. This training is based on the work of leading researchers and practitioners, including Spencer Kagan, Robert Marzano, and Johnson and Johnson.

� Research-Based Instructional Strategies: Identifying Similarities and Differences

Identifying Similarities and Differences is one of the nine categories found in the Research-Based Strategies identified by Robert Marzano, Debra Pickering and Jane Polluck. Marzano stated that “Identifying similarities and differences might be the ‘core’ of all learning. It enhances

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students’ understanding of and ability to use knowledge.” Research has reported that in order to enhance learning, students need strong guidance when they first begin identifying similarities and differences. As they progress, students are able to use processes on their own to deepen their understanding and knowledge of the content. Through this training, teachers will be provided with four effective practices and several graphic organizers to assist students in identifying similarities and differences. The four effective practices are: Comparing and Contrasting, Classifying, Metaphors and Analogies. Teachers receive training and tools to ensure that students are using this research-based strategy and are given time to plan lessons incorporating these practices.

� Research-Based Instructional Strategies: Feedback and Effective Questioning

Providing effective feedback to students is essential in ensuring that instruction impacts student learning. Most educators are good at praising students but do not understand the power of effective feedback, and few are fully aware of the difference between praise and feedback. Effective feedback raises student achievement. Corrective feedback promotes ideas of “developing” language and intelligence; it conveys to students that they can partially control and take responsibility for their own learning. Teachers will learn the difference between praise and feedback and will be able to use strategies in the classroom to provide students with effective feedback that impacts their learning.

� Research Based Instructional Strategies: Student-to-Student Feedback

Providing feedback is one of the nine categories that are found in the Research-Based Strategies identified by Robert Marzano, Debra Pickering and Jane Polluck. Robert Marzano stated that peer feedback is underused, yet highly effective and quite flexible. Peer Feedback doesn’t mean that students actually “grade” each other or “score” each other’s papers. Instead the goal is for students to clarify for each other what was correct or incorrect about the learning or task at hand. (Marzano, A Handbook for Classroom Instruction that Works, 2001). Participants will understand and practice using feedback strategies, will work through the Student-to-Student Feedback processes to learn new content, and will reflect on the processes to learn strategies for implementation and gain knowledge to reach learning goals.

CONTENT SPECIFIC AREAS OF TRAINING

� Flippen Reading Connection : Flippen Reading Connection utilizes systematic, explicit, direct instruction in conjunction with explicit strategy instruction to activate the brain’s declarative memory system (medial temporal lobes). Systematic direct instruction is recommended by the National Reading Panel for teaching reading skills to non-learning disabled as well as learning disabled students. A meta-analysis conducted by Swanson (2001) indicated that direct instruction in conjunction with strategy instruction is more effective in improving reading skills than either instructional strategy alone. Flippen Reading Connection completely changes the outlook for students who struggle with reading, spelling, and writing. Utilizing a powerful alternative method which targets the habit-learning system of the brain, certified instructors can teach students of any age to master reading and related skills. The process:

• Retrains the brain with 23 specific skills units that address phoneme awareness,

phonics, vocabulary development, reading fluency, and reading comprehension

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• Teaches new learning patterns, not memorized word lists or rules • Typically achieves measurable results in one school year • Reduces disruptive behavior and other classroom problems

This five-day intensive training course places emphasis on developing conceptual (bi-hemispheric) skills, rather than sequencing (left-hemispheric) skills. Conceptual skill means perceiving the whole (letter, word, phrase, and sentence) and parts in a single act of perception. The certification training equips the teacher to fully implement all of these techniques in the classroom.

� Algebra : Research suggests mathematics performance can be enhanced for students if the Concrete-Representational-Abstract (CRA) instructional approach is used to teach algebra. It has been found that students who use concrete materials develop more precise and comprehensive mental representations, often show more motivation and on-task behavior, understand mathematical ideas, and better apply these ideas to life situations. Participants in this two-day training will implement the three phases of the CRA approach using manipulative models, drawings and symbols to demonstrate operations with integers, equations and polynomials. Implementing the use of graphing calculators puts students in an active role and teachers in a facilitator role. Students perceive problem solving differently when they are free from numerical and algebraic computations to concentrate on problem set up and analysis of solutions. Participants use graphing calculators (concrete), drawings (representational), and generalizations (abstract) to determine the effect of changing the slope and y-intercept of a line. Participants will also use manipulatives (concrete), drawings (representational), and symbols (abstract) to represent combining integers, simplifying expressions, solving equations, and simplifying and factoring polynomials.

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VIII. Provide a minimum three year district plan to support implementation of the identified processes and student achievement creating a balance between human performance factors and system design factor. SAMPLE TIMELINE BELOW.

The lead consultant will negotiate the timeline based on the needs of the district or school.

PRE-IMPLEMENTATION TIMELINE, FY 2012:

YEAR ONE FULL IMPLEMENTATION TIMELINE, FY 2012:

August Professional Development: Capturing Kids’ Hearts Training, Design and Delivery Series: Designing Engaging Lessons, Designing Engaging Student Work, Delivering Engaging Lessons, Curriculum Development.

September Priority Customer Call, Phone Consulting.

October Process Champions Training, Needs Assessment, Data Walks I and II, Research -Based Instructional Strategies, Collaborative Coaching; Campus Consulting, Priority Customer Call, Phone Consulting.

November Collaborative Coaching, Priority Customer Call, Data Walks Coaching, Reading

December Collaborative Coaching, Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys.

January Focused Coaching, Data Walks PDA, Mid-Year Evaluation.

February Focused Coaching, Collaborative Coaching, Curriculum Development – Math (to be determined by Needs Assessment), Campus Consulting, Priority Customer Call, Phone Consulting

March Priority Customer Call, Phone Consulting.

April Priority Customer Call, Phone Consulting.

May Year-End Evaluation, data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys, Teen Leadership Certification Course.

June

July District Consulting (Lead Consulting Year 2).

May Preliminary Research Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys.

June District Consulting (Lead consultant plan with school officials). Year 1 (continues through to year-end).

July Professional Development: Leadership Blueprint, Organization Blueprint, begin to offset heavy PD in August if possible.

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YEAR TWO FULL IMPLEMENTATION TIMELINE, FY 2013:

August CKH Momentum In-service.

September Algebra Tiles, Flippen Reading Connection, Priority Customer Call.

October Data Walks Coaching, Campus Consulting.

November Priority Customer Call.

December Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys.

January RTI Implementation, Priority Customer Call, Phone Consulting, Mid-Year Evaluation.

February Campus Consulting.



May End of Year Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.) teacher surveys.

June

July District Consulting (Lead Consulting Year 3).

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YEAR THREE FULL IMPLEMENTATION TIMELINE, FY 2014:

August

Professional Development (newly hired teachers): Capturing Kids’ Hearts Training, Design and Delivery Series: Designing Engaging Lessons, Designing Engaging Student Work, Delivering Engaging Lessons. Returning Teachers: Review of Design and Delivery Series, Research-Based Instructional Strategies (Feedback and Effective Questioning and Identifying Similarities and Differences).

September Priority Customer Call, Phone Consulting.

October Priority Customer Call, Phone Consulting, Collaborative Coaching, Data Walks Coaching, Campus Consulting.

November Collaborative Coaching, Priority Customer Call, Phone Consulting.

December Collaborative Coaching, Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys.

January Priority Customer Call, Phone Consulting, Mid-Year Evaluation.

February Campus Consulting.



May End of Year Evaluation, Evaluation/data gathering (i.e., Discipline referral/truancy data, attendance data, honor roll, etc.), teacher surveys.

June Final Report.

July

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Attachment B – Curriculum Guide Sample

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CURRICULUM GUIDE

SUBJECT: Math GRADE: 3 TIMELINE: 1st quarter

© Learning Keys, 800.927.0478, www.learningkeys.org

Domain: Operations and Algebraic

Thinking: Represent and Solve Problems

Involving Multiplication and Division.

Student Friendly Learning

Objectives

Level of

Thinking

Resource

Correlation/

Exemplar

Academic

Vocabulary

Standards

3.OA.3. Use multiplication and division

withing 100 to solve word problems in

situations involving equal groups, arrays,

and measurement quantities, e.g., by using

drawings and equations with a symbol for

the unknown number to represent the

problem.

[Assessment]:

Students use a variety of representations

for creating and solving one-step word

problems, i.e., numbers, words, pictures,

physical objects, or equations. They use

multiplication and division of whole

numbers up to 10 x10. Students explain

their thinking, show their work by using at

least one representation, and verify that

their answer is reasonable.

I can solve word problems

using multiplication and

division.

Comprehension

Analysis

http://illuminations.

nctm.org/LessonDet

ail.aspx?ID=L317

http://www.azed.go

v/standards-

practices/mathemati

cs-standards/

[Mathematical

Practices]:

3.MP.1. Make sense

of problems and

preservere in solving

them.

3.MP.4. Model with

mathematics.

3.MP.7. Look for and

make use of

structure.

Equations

Arrays

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TAB 5 – REFERENCES

Provide a minimum of ten (10) customer references for product and/or services of similar scope dating within the past 3 years. Reference 1:

District: Lamar Consolidated Independent School District Name: Laura Lyons Title: Executive Director of Elementary Education Address: 3911 Avenue I, Rosenberg, Texas 77471 Phone Number: 832-223-0120 Years Serviced: 2005 - Present Description of Services: Capturing Kids’ Hearts, Zero to One, Flippen Leadership Series-1 (Leadership Blueprint), Custom Keynote, Capturing Kids’ Hearts Momentum, and Building Champions. Volume: Proprietary information Quote: “With a student enrollment of 24,652 students, we take extraordinary measures to ensure that all children in the district have the opportunity to achieve academically and to graduate. We have had the pleasure of working with the Flippen Group for the past six years, offering trainings to all of our teachers and school district administrators. As a direct result, the climate and culture of our schools and our district changed substantially. Quantitative yearly data collected over the past two years (2008-2010) indicate an increase in student attendance rates and academic test scores for ALL subject areas. We attribute the 2009 District HEB Excellence in Education award to the systemic training and ongoing support provided to staff with implementation of several key initiatives, including our alliance with the Flippen Group. We have also celebrated with one of our Elementary Principals, Diane Parks, as she was designated 2007 National Distinguished Principal of the Year and notes that the Flippen Group training led to a ‘fly wheel’ of positive outcomes for her teachers.”

Reference 2:

District: Corrigan-Camden Independent School District Name: Tom Bowman Title: Superintendent (2011 Superintendent of the Year by the Texas Rural Education Association) Address: 504 East Home Street, Corrigan, Texas 75393 Phone Number: (936) 398-4040 Years Serviced: 2009 - Present Description of Services: Curriculum Development, Focused Coaching, Designing Engaging Lessons, Delivering Engaging Lessons, and Custom Consulting. Volume: Proprietary information Quote: “The relationship between Corrigan-Camden Independent School District and (the Flippen Group’s) Learning Keys has had a profound impact on the academic performance of the students in

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our schools. Learning Keys came on board in 2005; at that time our district was low-performing and struggling in many areas. Following an exact needs assessment, our first efforts focused on the implementation of Data Walks, curriculum alignment and relevant professional development. Results were immediate with our Primary Campus moving to Exemplary status and High School receiving Recognized honors. The improvement in our schools has been significant each of the past five years. The Commissioner of Education just nominated our high school as a ‘Blue Ribbon Campus.’ This prestigious award was the result of outstanding improvement in math from 2005 to 2010. This achievement is a great source of pride for our entire school community. Only two high schools in Texas received this recognition. ”

Reference 3:

District: Groesbeck Independent School District Name: Dr. Harold D. Ramm Title: Superintendent (Superintendent of the Year -Texas, Region 12) Address: 1202 North Ellis, Groesbeck, Texas 76642 Phone: 254-729-4100 Years Serviced: September 2009 – Present Description of Services: Flippen Group provided whole school reform support through the following professional developments and follow-up coaching: Capturing Kids’ Hearts, Capturing Kids’ Hearts Momentum, Curriculum Development and Assessment, Data Walks, Data Walks Review, Focused Coaching, Custom Consulting, Custom Lead Consulting, Flippen Reading Connection, Designing Engaging Lessons, Contract Work, Designing Engaging Student Work, Delivering Engaging Student Work, Development of Curriculum and Assessment, and Program Evaluation. Volume: Proprietary information Quote: “Over the past three years, the Flippen Group has worked side by side with our leadership team to provide systemic school reform through leadership development, teacher training, one-on-one coaching and mentoring, and curriculum support activities. Their research team is readily available to assist with evaluations. As a result, our high school went from Academically Unacceptable in 2006-2007 to Recognized. The middle school has been Recognized for the past two years and the elementary school for the past three years. The percentage of meeting standards on the TAKS scores improved in all core areas district wide. The district has also seen improvement in each subgroup. Finally, discipline referrals at the high school have significantly decreased. The Flippen Group has proven effective in our district.”

Reference 4:

District: St. Johns County School District Name: Meredith Strickland Title: Senior Director for Professional Development and Innovation Address: 40 Orange Street, St. Augustine, Florida 32084 Phone Number: (904) 547-7500 Years Serviced: 2005 - Present Description of Services: Process Champions, Building Champions, Capturing Kids’ Hearts, Behave In/Behave Out, Custom Keynote, Flippen Leadership Series-1 (Leadership Blueprint), Priority Customer Calls, TrAction Pac, Coaching Beyond, Teen Leadership Certification, Reaching Out from Within, and Capturing Kids’ Hearts Momentum.

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Volume: Proprietary information Quote: “St. Johns County schools are overall ranked #1 of the 67 counties in Florida in FCAT results. This high achievement is due, in part, to the student successes tied to benefits of Capturing Kids’ Hearts such as excellent attendance rates, a decrease in district discipline referrals and a decrease in the high school dropout rate. The success of Capturing Kids’ Hearts is based on the great training facilitators, effective teaching pedagogy and district staff buy-in. Our entire school-based leadership underwent the Flippen Leadership training. There is a measurable and positive impact on student learning. St. Johns County walks the walk and talks the talk of character and integrity with the Flippen Group.”

Reference 5:

District: Riverside County Office of Education Name: Cami Berry Title: Director, Safe Schools Unit, Division of Educational Services Address: 3939 Thirteenth Street, Riverside, California 92501 Phone Number: (951) 826-6243 Years Serviced: 2006 - Present Description of Services: Flippen Group has provided comprehensive professional development services that include: Capturing Kids’ Hearts, Flippen Leadership Series-1 (Leadership Blueprint), Flippen Leadership Series-2 (Organization Blueprint), Process Champions, Teen Leadership Certification, Reaching Out from Within, TrAction Pac, Breakout Session, Custom Keynote, Leadership Blueprint, Priority Customer Call, and Building Champions. In addition, Flippen Group partnered with the district to conduct a randomized control trial studying the effects of Capturing Kids’ Hearts Campus by Design. Volume: Proprietary information Quote: “The Flippen Group has provided exemplary service in all aspects of the Capturing Kids’ Hearts process, from training to evaluation. The Riverside County Office of Education has worked closely with the research and evaluation team on a number of grants and has been extremely satisfied with the quality of work they have rendered. The team is a pleasure to work with and has provided high quality evaluation services. ”

Reference 6:

District: Chinle Unified School District No. 24 Name: Dr. Jesús de la Garza Title: Superintendent Address: Apache County, Personnel Office, P.O. Box 587 Chinle, Arizona 86503-0587 Phone: (928) 674-9603 Years Serviced: 2009 - Present Description of Services: The Flippen Group has provided a District by Design suite that includes Capturing Kids’ Hearts, Designing and Delivering Engaging Lessons, Custom Consulting, Collaborative Coaching, Data Walks Training and Coaching, Assessments, Building Champions, Capturing Kids’ Hearts Momentum, Coaching, Cooperative Learning, Curriculum Development, Custom Coaching, Custom Keynote, Designing Engaging Student Work, End of Year and Mid-Year

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Evaluations, Focused Coaching, Priority Customer Calls, Professional Development, Response to Intervention Training, Writing Workshop and Program, and Curriculum Work. Volume: Proprietary information Quote: “The Flippen Group’s Learning Keys support has played a key role in the implementation of professional development activities for our faculty, instructional support staff, and administrators that addressed: curriculum alignment with state standards; delivery of engaging lessons; conducting classroom data walks; focused coaching; structured English Immersion Coursework for certification; student-to-student feedback; and Response to Intervention. To date, six of our schools attained performing or performing-plus status under the AZLEARNS criteria and two of our schools met the requirements under AYP. We believe that the student performance results are highly correlated to the services provided by Learning Keys.”

Reference 7:

District: Window Rock Unified School District #8 Name: Dr. Deborah Jackson - Dennison Title: Superintendent Address: P.O. Box 559 Fort Defiance, Arizona 86504 Phone: (928) 729-6705 Years Serviced: 2009-Present Description of Services: The District has incorporated many aspects of the Learning Keys Suite with exceptional implementation and effective outcomes noted. The trainings include: Data Walks I & II, Data Walks PDA and Coaching, Curriculum Development, Designing Engaging Lessons, Designing Engaging Student Work, Delivering Engaging Lessons, Custom Consulting, Needs Assessment, Proposal Presentation, Custom Keynote, Capturing Kids’ Hearts, Focused Coaching, End of Year and Mid-Year Evaluation, Priority Customer Call, Analyzing Assessment, RBIS, District Consulting, and Effective Lesson Planning. Volume: Proprietary information Quote: “Essentially with the guidance and assistance of Learning Keys, both Window Rock and Ganado Unified School Districts have seen remarkable achievement in student learning. As an educational leader or superintendent in an Indian lands school system, tackling all the elements of school reform can at times be extremely overwhelming and sometimes seem almost impossible! With the help and guidance of Learning Keys over the past eight years, our academic successes are evident all around!”

Reference 8:

District: New York City Department of Education Name: Sheila Richards Title: Principal, East New York Family Academy Address: 2057 Linden Boulevard, Brooklyn, New York 11207 Phone: (718) 927-0012 Years Serviced: 2008 - Present Description of Services: Capturing Kids’ Hearts, Capturing Kids’ Hearts Momentum, Reaching Out from Within, Process Champions, Campus Consulting, and Phone Consulting. Volume: Proprietary information

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Quote: “The Flippen Group’s easy to follow step-by-step approach to Capturing Kids’ Hearts has enabled my staff to effectively create positive choices for challenging and disruptive students, and has made a positive impact on our school’s overall climate that is measured not only in the progress seen on our school’s New York City Progress Reports, but also in the very feeling of our building when you enter it. My staff is now able to address disciplinary and academic matters in an emotionally positive manner that is less confrontational and consequently yields more effective outcomes.”

Reference 9:

District: Grand Prairie Independent School District Name: Dr. Susan Simpson Hull Title: Superintendent 2005 Texas Superintendent of the Year Address: 2602 South Belt Line Road Phone: 972.264.6141 Years Serviced: 2007-Present Description of Services: Flippen Group has provided comprehensive professional development services that include: Capturing Kids’ Hearts, Flippen Leadership Series-1 (Leadership Blueprint), Flippen Leadership Series-2 (Organization Blueprint), Process Champions, Teen Leadership Certification, Custom Keynotes, Coaching Greatness, Hiring Solutions, and Building Champions. Volume: Proprietary information Quote/Data: School administrators in Grand Prairie, TX were committed to measuring the effect of Capturing Kids’ Hearts and provided Flippen Group with the following data. The study sample included students served by the Grand Prairie Independent School District. Within these schools, 17% of the students were African American, 60% were Hispanic, and 19% were Caucasian. Disciplinary action reports were reported prior to and after implementation of Capturing Kids’ Hearts. Student disciplinary actions for the 2006-2007 school year (pre-Capturing Kids’ Hearts) as well as those for the 2009-2010 school year (post-Capturing Kids’ Hearts) were obtained from archival records. Compared with the data from 2006-2007 (baseline), decreases in all major disciplinary action categories were observed in the data from 2009-2010 as demonstrated below. “Felony Conduct referrals decreased 100%, Possession of Controlled Substances decreased 52%, Possession of Alcohol decreased 56%, Assaults decreased 46%, Fighting decreased 38% and Truancy violations decreased by 48%. This data was district-wide.”

Reference 10:

District: Rocky Ford School District Name: Kermit Snyder Title: Superintendent Address: 601 South Eighth Street Rocky Ford, Colorado 81076 Phone: (719) 254-7423 Years Serviced: 2010 - Present Description of Services: The Flippen Group was chosen as the lead partner for school improvement for the district. The following professional development and consulting services were provided: Organizational Blueprint, Data Walks I, Data Walks II, Leadership Blueprint, Data Walks Coaching,

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Focused Coaching, Designing Engaging Student Work, Delivering Engaging Lessons, Capturing Kids’ Hearts, Needs Assessment, Building Champions, Designing Engaging Lessons, District Consulting, Curriculum Development, Priority Customer Call, Custom Consulting, Teen Leadership Certification, End of Year and Mid-Year Evaluation, RBIS, Capturing Kids’ Hearts Momentum, and Custom Keynote. Volume: Proprietary information Quotes: Chuck Smithey , Assistant Principal, Rocky Ford Senior High: “We had a 69% drop in suspensions and a 71% drop in the number of days students were out of school. This is compared to last year during the same time period.” Nancy Aschermann , former Superintendent (retired fall 2011): “The Flippen Group’s approach to school reform has been comprehensive. On the leadership side it started with organizational principles and a leadership framework. Once the overarching principles were in place, individual leadership and personnel were addressed. The educational side started with a needs assessment, curriculum work, and a systematic approach to instruction. Principals have been trained in what to look for when visiting classrooms which are tightly aligned to teacher training. After four months we feel like a whirlwind hit us. Amazingly enough, it has been so good and so thorough that everyone feels we are on the right track. Negotiating the initial contract was very smooth even though we requested changes. Their scheduling office is professional and ultra-organized. The people we have worked with are personable, professional, and knowledgeable. The content is tightly aligned from top to bottom. Any district that needs to improve student achievement would be wise to work with the Flippen Group . I strongly endorse their work.”

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TAB 6 – PRICING

Per TCPN Requirement, please see Electronic File for Flippen Group Pricing.

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TAB 7 – VALUE ADD

Please include any additional products and/or services not included in the scope of the solicitation you think will enhance and add value to this contract for TCPN participating agencies. RESEARCH AND EVALUATION In order to assist with designing and documenting evaluation, research and outcomes, Flippen Group has a research and evaluation team ready to support districts. Director of Research Dr. Carol Holtzapple has led studies in large urban districts across the United States and will oversee all evaluation services. In some instances we assist schools in documenting program effectiveness when no randomization is possible, such as providing a case report comparison or analyses to individual districts. In these cases, pre-implementation data serves as the control for post-implementation outcomes. In all previous cases, one or more positive outcomes in the areas of academic or behavioral achievement were observed. Other research studies employ quasi-experimental (including external controls) or experimental (randomized) research designs to measure the outcomes of our programs. The following research studies have been reported, including published manuscripts, comprehensive reports to governmental agencies, and peer-reviewed journal articles.

� Holtzapple, C.K., Griswold, J.S., Weidenfeller, L., “Evaluating Educational Interventions: An educator’s toolkit for designing effective research studies,” Journal of Research in Character Education (2011, submitted).

� Holtzapple, C.K. (2011). “Measuring behavioral outcomes associated with comprehensive

character education programs: A practical approach to using fewer schools in school-randomized controlled trials while maintaining adequate statistical power,” Journal of Research in Character Education, 9(1): 57-69.

� Holtzapple, C.K., Griswold, J.S., Cirillo, K.J., Rosebrock, J., Nouza, N., & Berry, C. (2011).

“Implementation of a school-wide adolescent character education and prevention program: Evaluating the relationships between principal support, faculty implementation, and student outcomes,” Journal of Research in Character Education, 9(1): 71-90.

� Holtzapple, C.K., “Critical Parameters that Impact Statistical Power Affecting Cluster-

Randomized Research Trials,” 19th Annual Meeting of the Society for Prevention Research (2011).

� Holtzapple, C.K., Frank, J.L., Swain-Bradway, J. & Valentine, J.C., “Addressing Statistical

Issues Involved in Developing Experimental Studies Designed to Document the Effectiveness of Prevention Programs in Schools,” 18th Annual Meeting of the Society for Prevention Research (2010).

� Holtzapple, C., “Controlling for Baseline Covariates to Improve the Statistical Power of Efficacy

Trials Involving Whole School Prevention Programs,” 17th Annual Meeting of the Society for Prevention Research (2009).

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CUSTOMER SERVICE TEAM / CONTRACT SPECIALISTS Our full service customer service department – known as our Silver Service Team – consists of 18 professionals to assist schools and districts from contract to delivery. This team routinely manages large scale projects, requiring coordinated travel to any of the 42 states currently served. Providing training, consulting and support, we have never defaulted on a contract, nor attempted to collect on a contract defaulted by a client. Our goal is to always do what we say we are going to do, when we say we are going to do it. The Silver Service Team is responsible for handling details of all training events: securing the meeting space, scheduling facilitators and working with multiple project stakeholders. Districts are assigned a personal customer service representative who will work directly with the school improvement team. LEADERSHIP TEAM MEMBERS AND CONSULTANTS The Flippen Group leadership team members supporting TCPN partners are education professionals who have achieved distinction in public schools as administrators, coaches and teachers. With their collective experience of over 125 years, they have first-hand knowledge of the factors impacting student achievement. They’ve mastered the skills of specialized educational services, and personally implemented the models we teach. The leadership team is familiar with state accountability systems; as former administrators, they’ve been responsible for school and district ratings. Knowledgeable of state standards, they readily access the latest information provided through the state Accountability Manuals. They conduct and participate in national and state seminars across more than 40 states. Topics include curriculum alignment and culture development; organizational, strategic and operational planning; teaching the hard to reach; and leading high-performing organizations. Keynote addresses have been provided for the following (complete list available upon request):

� Best Practices for Title I Schools � American Association of School Administrators � Western Colorado Educators � Association of Public School Superintendents � School Administrators of Iowa � Nebraska Council of School Administrators � Career Education Association � Young Presidents Organization � Texas Association of School Administrators � Safe and Drug Free Schools and Communities � Michigan Association of Public School Academies � New Mexico State Administrators Conference � Cooperative Council for Oklahoma Schools Administrators � West Virginia Association of School Administrators

The team understands the demands placed on teachers and administrators and the pressure to perform in the face of challenging circumstances. We will disaggregate student performance data and provide solutions with focused results, working hand in hand with TCPN Partners. Our trainings for leadership and instructional staff are ensured to be impactful and administered with excellence. Flippen Group trainers are extensively coached and undergo a process that includes co-trainings, effective feedback, and rigorous evaluations. Of the thousands of training evaluations collected from Flippen Group participants, 96% rated trainers with the highest rating: “Outstanding.”

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As past administrators, members of our leadership team achieved distinction by their individual leadership style and ability to lead organizational change. Each has worked in high level positions in public education and holds a high level position within our company. We have managed large budgets and led important initiatives, and use the same process for management decision-making as we teach. Many are involved with strategic planning within the company and most have led strategic planning sessions in public school districts. Our model process helps demonstrate how to maintain relational capacity with individuals and groups while resolving conflict. Each of us is an expert in leading and managing large groups. A summary of the leadership team is listed below.

� Director of Educational Services; Lead Consultant : Jim Rosebrock, Ed.D., oversees the activities of Learning Keys as well as the Research and Product Development teams. He is an expert in systems thinking, classroom instruction and leadership development. His experience includes 21 years in Texas public education, serving as teacher, collegiate coach, high school principal and deputy superintendent. Every school or district Dr. Rosebrock served during his 11 years as administrator showed increases in student achievement (as measured by standardized tests), and the achievement gap was narrowed for all students. Ed.D. in Educational Administration from Texas A&M University, Texas Educator Certified : Superintendent (PK-12); Mid-Management Administrator; Secondary Physical Education (6-12); Secondary History (6-12)

� Director of Educational Sales Consulting; Lead Consultant : Michael Holt, Ph.D., is a

senior member of the Flippen leadership team, instrumental in decision making and strategic planning. He directs all national educational sales and consulting, oversees the sales center and proposal team, and is lead consultant on large scale proposals. Dr. Holt is a national trainer, presenter and keynote speaker and serves as a statewide district judge for the HEB Excellence in Education Awards. He has extensive experience in school “turn-around” initiatives, external school evaluations, and large-scale project management. Dr. Holt has over 30 years’ experience in Texas secondary public schools, including 10 years as principal. He served as Executive Director of Public School Initiatives for the Texas A&M University System, working with nine universities to improve underperforming schools across Texas. Dr. Holt is a member of the American Association of School Administrators. Ph.D. in Educational Administration from Texas A&M University, Texas Educator Certified : Superintendent (EC-12); Mid-Management Administrator (PK-12); Vocational General Agriculture Mechanics (6-12); Vocational Agriculture (6-12); Vocational Farm & Ranch Mechanical Repair CVAE; Vocational Agriculture Farm and Ranch Maint/VEH

� Director of Research : Carol Holtzapple, Ph.D., joined Flippen Group in 2006 and uses her

background in empirical research methods to develop evidence-based research studies to measure program and process effectiveness. She has presented her work at national meetings and in peer-reviewed journals. Dr. Holtzapple recently submitted a manuscript which provides a research “tool kit” to help districts and/or schools implement scientific research studies on a limited budget. Ph.D. in Biochemistry and Protein Biophysics from Texas A&M University

� Director of Training and Product Development : Bethany Rosebrock, M.Ed., ensures that all

professional development activities are sequenced, staffed, conducted and evaluated as planned. She has over 20 years’ experience as a teacher and coach in Texas public schools and is a nationally recognized speaker. Bethany also oversees all trainer recruitment and development, quality assurance of professional development products, leadership skill training and coaching, and delivery of curriculum, instruction and assessment products. M.Ed. from Texas A&M University, Texas Educator Certified : Secondary Generic Special Education

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� Director of Customer Services : Tanya Peterson, a graduate from Texas A&M University, has

managed the customer service team for over 10 years. They are responsible for developing all contracts, scheduling professional development activities on or off campus, arranging travel and lodging for trainers and participants, and managing the delivery logistics for all product offerings.

� Lead Consultants : Debbie Emery, Ed.D., Debbie Payne, M.Ed., and Tammy McKee, M.Ed.,

provide leadership for in-district professional development, coaching and mentoring for curriculum and instruction, and assessment.

Dr. Emery served for over 30 years as principal and associate superintendent in Cypress-Fairbanks ISD, one of the largest districts in the Houston metro region. She is an adjunct professor for Sam Houston State University and has presented at state and national conferences for Texas Association of School Administrators and National Conference of ASCD. Ed.D in Educational Leadership from the University of Houston, Texas Educator Certified: Superintendent (EC-12), Mid-Management Administrator (PK-12), Elementary Self-Contained (1-8), Elementary Psychology (1-8), Learning Resources Endorsement (PK-12)

Debbie Payne and Tammy McKee each have over 25 years’ experience as district administrators in public schools and have been national consultants for over 10 years. Walking more than 20,000 classrooms, Debbie and Tammy are experts in helping others develop skills for creating high performance in schools. Debbie Payne: M.Ed. From Mary Hardin Baylor, Texas Educator Certified : Mid-Management Administrator (PK-12); All-Level Health and Physical Education (PK-12) Tammy McKee: M.Ed. from Baylor University, Texas Educator Certified: Mid-Management Administrator (PK-12); Elementary Sociology (1-8); Elementary Self-Contained (1-8); Kindergarten (PK-KG) Consultants: We have a large number of consultants, all of which have certifications. Once the consultant has been determined for their assignment, we will submit those resumes and certifications for district review.

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RETURN ON INVESTMENT: RECRUITMENT AND RETENTION OF HIGH QUALITY STAFF Recruitment and retention of high-quality staff is critical in the improvement model. Positive staff morale and helpful attitudes are imperative to the success of schools and the district. Improperly managed, there can be devastating costs including employee turnover and job dissatisfaction, attributing to teacher apathy and ineffectiveness. A conservative national estimate of the annual cost for replacing public school teachers (including recruitment and training) is $2.2 billion per year (Alliance for Excellence Education, 2005). Teacher dissatisfaction and the loss of quality leaders and teachers ultimately affect the learning environment for students. Conversely, when staff morale is high and employee attitude is positive, they work cooperatively to see that students are provided with the best possible education. Flippen Group has a proven track record of helping schools develop the organizational conditions needed to effectively and efficiently support inclusive and sustainable school improvement. Ensuring the efforts are ongoing will build capacity and reduce turnover rates within an organization. According to the Shockley study (Shockley et al. 2005), if a district's retention rate improves, district savings can range from $5,000 - $13,000 per year retained. Our processes improves teacher retention. This is in addition to the opportunity cost in terms of increasing student achievement. Retention of veteran teachers is even more dramatically impactful.

� A note from Tina Jensen, Executive Director in Des Moines Public Schools, stated the following: “I was visiting with a veteran principal in our district and he said he believes that the Flippen Group initiative has been the most important work we have done as an administrative team in all of his years in Des Moines. His dean is preparing to apply for principal-ships in the district, and he told me that he does not want to work outside the South Region because he wants to continue to be part of the learning, growing and support process that is occurring with the Flippen Group leadership initiative.”

� Another example demonstrating the effectiveness of our school improvement processes is

provided by Principal Cindy Smalls at Mary Ford Elementary in North Charleston, South Carolina. In 2009-2010, she had 0% staff turnover after having as high as 50% turnover the previous five years in a row.

� Principal Diana Tydlacka at Lamar CISD in Houston, Texas also had 0% staff turnover for two years in a row following TFG training and cites the TFG process as the primary factor leading to a reduction in teacher turnover and improvement in campus success: “Last year, I only lost staff who decided to retire. This year everyone chose to stay at Wessendorff. While awards are great and we all celebrate when we receive them, they seem small and trivial when compared to when that one special student finally ‘gets it’ and passes that TAKS test for the very first time. There were many at Wessendorff last year. We had 9 elementary schools that feed Wessendorff. Relationships had to be built quickly and the understanding of the academic needs immediate. I can only imagine the success of these kids if we had them more than one year.”

� In Thomas Stone High School in Waldorff, Maryland, the principal wrote this to Flippen Group:

“Instances of staff absence have decreased by 35% from September 2008 through January 2009 (when compared with) the same period during the 2007 - 2008 school year,” L. C. Martin, Principal, Thomas Stone High School.

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� Tom Tenbrink, Superintendent of Jenison Public Schools in Michigan states this: “The impact of the Flippen Group’s Leadership and Capturing Kids’ Hearts trainings on Jenison Public Schools has been amazing. It has fundamentally changed the culture of our entire school district. Parents report that one of the primary reasons for choosing our school district to partner with them in educating their children is because of the culture that exists in our schools. In addition to changing our culture, the training that we received assisted us in continuing to maintain a school district of excellence in spite of the changing demographics in our community. Our test scores remain some of the highest in West Michigan. Our building principals report that office disciplinary referrals have been reduced significantly. We graduate 97% of our students, with 93% going on to pursue a college education. 83% of Jenison Public School graduates earn a college diploma.”

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TAB 8 – REQUIRED DOCUMENTS DOC #1 Clean Air and Water Act / Debarment Notice DOC #2 Lobbying Certification DOC #3 Contractors Requirements DOC #4 Antitrust Certification Statement

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new agenda durham public schools board of education monthly … · 2016. 6. 21. · board of...

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