Buffalo Board of Education

801 City Hall Buffalo, NY 14202 716-816-3570 / 716-851-3937 (fax)

Memo
To: cc: From: Date: Re:

Carl Paladino Board Members, Dr. Brown and Senior Staff Barbara A. Nevergold, PhD, President July 10, 2013 Initial Agenda of Issues and Motions for the Meeting of July 10, 2013

Dr. Brown and I have had a chance to thoroughly review your motions/issues packet, which was sent to various individuals along with Board Members and Superintendent Brown on Friday, July 5, 2013, and the amended motions/issues, which were sent by you on Monday, July 8, 2013. Although there are written responses to several issues in this memo, the Superintendent will be prepared to respond during Open Session. There are a number of Motions and Issues, however that I am recommending be referred to Board Committees, the Superintendent and staff, for two reasons: First and most importantly, a number of these motions will directly impact various stakeholders especially students and families. As an example, Issue #1 BOCES Motion #18 - that BPS enter into an agreement with BOCES to enroll students in their vocational programs including its Career Tech Program to not only enroll its undisciplined and violent students who are otherwise suspended, staying home or transferred from school to school disrupting and disturbing the classroom, but also to help educate the many students for who vocational training is more appropriate than college vocations. These motions will not only require that the Board do due diligence in researching and gathering information, reviewing policy and data, but also require that we seek public input and feedback before any plan of this magnitude is instituted. Im certain that you recognize and support the need for the Board to act responsibly and to be open and transparent in all of its deliberations. Discussions that allow public feedback occur in Board committee sessions; at regular Board meetings during the Public Comment session and at special community meetings
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that will be scheduled. I believe that it is imperative to provide these opportunities for the broadest possible communication of Board deliberations prior to the adoption of new policies. In addition, there are two pertinent Board Policies that address Board meeting protocol and are relevant to your agenda request: 1510---Regular Board Meetings, and 1511---Agenda Format/Board Meeting Procedures. Policy 1510 discusses what and when Board Members can bring items to the regular Board Meetings. The key timing issues are preparation of the Board agenda a week before the regular Board Meeting and Board Members presenting items at least 48 hours in advance of the meeting. Mr. Paladino, while you met the 48-hour requirement, there are other aspects of the filings and Board meeting procedures that must be looked at including Policy 1511. Policy 1511 describes the agenda format, but more importantly discusses Board Meeting Procedures. I would like to share a critical paragraph in the policy. "The Board of Education shall not attempt to decide upon any question under consideration before examining and evaluating relevant information. The Superintendent of Schools shall be given an opportunity to examine and to evaluate all such information, and to recommend action before the Board attempts to make a decision." I believe it is apparent to anyone who has received the packet or understands the issues at hand that under Policy 1511 the Superintendent could not have examined all these issues and the Board Members cannot attempt to make a decision until the items have been properly evaluated. With that said, to reiterate, I am recommending that all but six of these issues be sent to the Board's various committees, and to the Superintendent and staff for thorough review. I have selected the committees or designated other items for the Superintendent and staff after careful review with Dr. Brown. Issues for tonight include: Issue #3 Reorganization Pursuant to Education Law 2566 (attached), the Superintendent in Buffalo has jurisdiction over the exempt employees within budgeted amounts. Issue #15 Union leave and reimbursement The School District currently has approved requests from the Buffalo Teachers Federation (approx. 3500 teachers), and the Buffalo Educational Support Team (approx.800 aides/assistants) for reimbursement of the salary and benefits of their president's while on leave from his/her duties. Mr. Rumore, while still president of the BTF, has retired thus there is no need to request relief of teaching duties. The other unions have not requested such leave and this may be attributable to full reimbursement of salary and benefits to the District. Issue #23 Board of Educations Disclosure Please see the Board of Educations current Ethics Policy (attached). Board Members currently disclose all family relationships when voting on items related to him/her and recuse themselves. Board Members currently complete the Buffalo Citys Disclosure Form.

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Issue #25 Legislative Delegation Meetings (1) The Buffalo Board of Education currently schedules several meetings a year with the WNY Delegation in both Albany and Buffalo and prepares a legislative agenda. Mr. Licata serves as the Board Chairman and will be keeping the Board Members informed of the meetings/legislative agenda. (2) The School District currently belongs to the Conference of Big 5 School Districts along with Rochester, Syracuse, Yonkers and New York City. The District is also a member of the Erie County School Boards Association which includes all the local school districts.

Issue #27 Graduation Rates Information on graduation rates is currently being gathered, and will be released to the Board Members as soon as it is available. Issue #30 Will be discussed in Executive Session tonight

For new Board Members a retreat with all the Board Members and the Superintendent is critical to understanding the workings of the Board and how the business meetings of the School Board are conducted. As you know, I have requested proposals for a retreat presenter and have asked Board Members to review their calendars for dates before the end of the summer. Finally, I would like to thank you and to recognize your generous decision to waive your annual stipend and contribute it to the 8 schools in your district. I will ask Dr. Brown and Chief Financial Officer Barbara Smith to facilitate this request. Issue # Action 1 Referred to the Educational Support Committee with assistance from Finance 2 Referred to Superintendent Brown and staff 4 Referred to the Executive Affairs Committee/Board President/District Legal Counsel/Outside Counsel 5 Superintendent Brown and Legal Department 6 Districts Legal Counsel 7 Referred to the Educational Support Committee 8 Superintendent Brown and Outside Counsel 9 Superintendent Brown and Staff 10 Referred to the Educational Support Committee 11 Referred to the Student Achievement Committee 12 Superintendent Brown and Staff 13 Referred to the Executive Affairs Committee and Districts Legal Counsel 14 Referred to the Finance and Operations Committee/Superintendent Brown and CFO Barbara Smith

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16 17 18 19 20 21 22 24 26 28 29 31 32 33 34

Referred to Barbara Smith Referred to the Finance and Operations Committee/Barbara Smith and James Kane Referred to Superintendent Brown and Staff (Legal/Finance) Referred to Superintendent Brown and Staff Referred to Superintendent Brown and Staff Referred to the Finance and Operations Committee/ Superintendent Brown and Staff Referred to Superintendent Brown and Staff Referred to the Finance and Operations Committee School Reconstruction Program is 99% complete Referred to the Finance and Operations Committee/Superintendent Brown and Staff Referred to Superintendent Brown Referred to the Executive Affairs Committee Referred to the Educational Support Committee and Superintendent Brown Referred to the Executive Affairs Committee Referred to the Executive Affairs Committee Referred to the Educational Support Committee

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