WHEREAS, The Board of Education of Montgomery County is authorized by the Education Article and State Government Article of the Annotated Code of Maryland to conduct certain meetings or portions of its meetings in closed sessions; now therefore be it

Resolved,  That  the  Board  of  Education  of  Montgomery  County  conduct  a  closed session on June 17, 2014, in Room 120 of the Carver Educational Services Center,
850 Hungerford Drive, Rockville,  Maryland,  from  8:30 to  approximately  10:00 a.m. and 12:45 to approximately 1:45 p.m.; and be it further

Resolved, That the Board receive legal advice as the Board adjudicates appeals, which is a quasi-judicial function outside the purview of the Open Meetings Act and as permitted under Section 10-508(a)(7) of the State Government Article; and be it further

Resolved, That the Board of Education discuss appointments to the Ethics Panel and the Montgomery County Collaboration Board for Career and Technology Education, with a subsequent vote in open session, which is an administrative function outside the purview of the Open Meetings Act and, to the extent any individual is discussed, as permitted under Section 10-508(a)(1) of the State Government Article; and be it further

Resolved, That the superintendent of schools brief the Board on the Human Resources Monthly Report and Appointments with a subsequent vote in open session, which is an administrative  function  outside  the  purview  of  the  Open  Meetings  Act  and,  to  the  extent any individual employee is discussed, as permitted under Section 10-508(a)(1) of the State Government Article; and be it further

Resolved, That the Board obtain legal advice regarding the work of the Ad Hoc Committee for Review of Board Processes and Guidelines on Board Expenditures, as permitted under Section 10-508(a)(7) of the State Government Article; and be it further

Resolved, That the superintendent of schools and Board members discuss compensation for particular individuals whose compensation is not covered by a salary schedule in any negotiated agreement, as permitted under Section 10-508(a)(1) of the State Government Article; and be it further

Resolved, That the meeting continue in closed session until the completion of business.

WHEREAS, The Hispanic Alliance for Education recognizes and highlights the achievements of Hispanic/Latino students and the contributions they have made and continue to make to our schools and our communities; and

WHEREAS, The Hispanic Alliance for Education has granted scholarships to three notable Hispanic/Latino Scholars among Montgomery County Public Schools graduating seniors in appreciation of their exceptional academic accomplishments and commitment to serving the community; and

WHEREAS, Montgomery County Public Schools celebrates the many positive contributions of Hispanic/Latino American students to our county, our state, and our country; and

WHEREAS, The Montgomery County Board of Education commends Montgomery County Public Schools for holding a high standard of academic excellence and recognizing the outstanding achievements of Hispanic/Latino American students; now therefore be it

Resolved, That on behalf of the superintendent of schools, staff members, students, and parents of Montgomery County Public Schools, the members of the Board of Education offer their congratulations to the recipients of the 2014 Distinguished Hispanic Scholars Awards:

Jennifer Canales from Northwood High School—$1000

Cindy Gomez from Northwest High School—$1000

Carolina Rabinowicz from Thomas S. Wootton High School—$1000

WHEREAS, Leadership Montgomery’s mission is to involve a diverse group of student leaders in community programs and activities, with the resulting knowledge, awareness, and relationships enabling graduates of the program to benefit our community; and

WHEREAS, Leadership Montgomery created the Youth Community Leadership Awards to recognize and validate outstanding community service efforts by Montgomery County students who, by completion of their junior year in high school, earn a minimum of 260 hours of school-accredited service and who exercise their leadership to enrich their schools and communities; and

WHEREAS, The law firm of Shulman Rogers Gandal Pordy and Ecker, P.A., will present a $1,000 award to each recipient; and

WHEREAS, The Montgomery County Board of Education is unwavering in its support of student participation in community service learning activities; and

WHEREAS, This year, five outstanding Montgomery County Public Schools high school students have been selected as the Leadership Montgomery Youth Community Leadership Award recipients; now therefore be it

Resolved, That the Montgomery County Board of Education expresses its appreciation to Leadership Montgomery and to Shulman Rogers Gandal Pordy and Ecker, P.A., for their guidance in promoting and encouraging youth leadership in community service; and be it further

Resolved, That on behalf of the superintendent of schools, staff members, students, and parents of Montgomery County Public Schools, the members of the Board of Education congratulate the 2014 Leadership Montgomery Youth Community Leadership Award recipients for their extraordinary leadership in community service:

Courtney Dumais from Damascus High School

Dunchadhn Lyons from James Hubert Blake High School

Grace Magdamo from Watkins Mill High School

Miloslawa Piszczek from Richard Montgomery High School

Chelsey Zane from Winston Churchill High School

WHEREAS, The Montgomery County Alliance of Black School Educators provides an opportunity to recognize and highlight the achievements of Black or African American students and the contributions they have made and continue to make to our schools and communities; and

WHEREAS, The Montgomery County Alliance of Black School Educators promotes the academic, community service, and extracurricular achievements of some of Montgomery County Public Schools’ most talented Black or African American high school seniors; and

WHEREAS, Montgomery County Public Schools values and celebrates the contributions of our minority students to our county, our state, and our country; and

WHEREAS, The Board of Education is proud that Montgomery County Public Schools continues to recognize the achievements of Black or African American students; now therefore be it

Resolved, That on behalf of the superintendent of schools, staff members, students, and parents of Montgomery County Public Schools, the members of the Board of Education congratulate the winners of this year’s Montgomery County Alliance of Black School Educators’ Distinguished African American Scholar Awards:

The Dr. Judy Docca Community Leader Service Award

Ekiomoado Olumese from Poolesville High School

The Wayne Whigham Leadership Award

Malachi Stoll from Walt Whitman High School

The Dr. Frieda K. Lacey Distinguished Scholar Scholarship Award

Eudorah Vital from John F. Kennedy High School

The Distinguished Scholar Award Recipients

Beemnet Amdemicael from Watkins Mill High School

Paris Atwater from Sherwood High School

Christopher Cook from Bethesda-Chevy Chase High School

Francine Grey-Theriot from Clarksburg High School

Nicole Obongo from Northwest High School

Nathan Olaiya from Poolesville High School

Oluwaseyi Olojo from Northwood High School

Sarah Varney from Quince Orchard High School

Tanner Williams from James Hubert Blake High School

The Community Leader Award Recipients

Berlys Akpaca from Springbrook High School

Amdiel Clement from Northwest High School

Keenan Eure from Walter Johnson High School

WHEREAS, The goal of the Gates Millennium Scholars Program is to promote academic excellence and expand access and opportunity to higher education for minority students with significant financial need to reach their highest potential; and

WHEREAS, The Gates Millennium Scholars Program has awarded four-year college scholarships to five outstanding Montgomery County Public Schools students; and

WHEREAS, Montgomery County encourages and recognizes the contributions of our minority students to our county, our state, and our country; and

WHEREAS, The Board of Education takes great pride that Montgomery County Public Schools continues to celebrate academic excellence in its diverse student body and highly values its community partners; now therefore be it

Resolved, That on behalf of the superintendent of schools, staff members, students, and parents of Montgomery County Public Schools, the members of the Board of Education extend their congratulations to the Montgomery County Public Schools’ Class of 2014 Gates Millennium Scholars:

            Donald Anyanwu from Springbrook High School

            Anthony Minnah from Wheaton High School

            Samiza Palmer from Springbrook High School

            David Potter from Paint Branch High School        

            Nebiyat Tadesse from Albert Einstein High School

WHEREAS, The George B. Thomas Sr. Learning Academy, Inc., High Achievement Scholarship Program, sponsored by Verizon Maryland, rewards students who evidence high academic achievement and who have provided consistent, quality service to the Learning Academy; and

WHEREAS, The George B. Thomas, Sr. Learning Academy, Inc., has awarded 12  scholarships for exceptional academic achievement and community service to Montgomery County Public Schools Class of 2014; and

WHEREAS, Montgomery County Public Schools recognizes and celebrates its students’ community service contributions that benefit our community and teach civic responsibility; and

WHEREAS, The Board of Education applauds Montgomery County Public Schools for its recognition of the academic success and community involvement of its diverse student body; now therefore be it

Resolved, That on behalf of the superintendent of schools, staff members, students, and parents of Montgomery County Public Schools, the members of the Board of Education extend their congratulations to the recipients of The George B. Thomas, Sr. Learning Academy, Inc., High Achievement Scholarship awards:

Saron Asfaw from Springbrook High School

Abigail Joy Cajayon from Rockville High School

Bryant Ceballos Rodriguez from Northwood High School

Fasel Kassa from Springbrook High School

Anne Lai from Northwest High School

Nicole Lertora from James Hubert Blake High School

Shimona Malik from Clarksburg High School

Lisa Mutooni from Paint Branch High School

Ekiomoado Olumese from Poolesville High School

Kangjing Pan from Northwest High School

Trisha Patel from Richard Montgomery High School

Alan Phan from Paint Branch High School

Alexa Quito from Richard Montgomery High School

Krishna Shah from Northwest High School

The regular business meetings of the Board usually include a public comments period in which any citizen, group representative, parent, or student may make a statement regarding an item on a past, present or future Board open-session agenda, or a matter of general policy over which the Board has jurisdiction.

How Do I Sign Up to Make a Public Comment?

At most business meetings, 30 minutes are set aside for Public Comments from residents to encourage public participation. The first fifteen (15) speakers who contact the Board office by telephone on the Monday prior to the business meetings are granted two (2) minutes each to speak as follows:

• The Board will reserve ten (10) of the fifteen (15) slots for public comments for speakers who wish to comment on issues that are on the agenda for that day’s Board meeting. The other five (5) slots will be reserved for speakers who wish to comment on other issues that are not specifically on the agenda.
• The Board office accepts phone calls on the Monday before the Board meeting. (If the Board meeting is held on a Monday evening, phone calls will be accepted that same day according to the following schedule). The time period from 10:00 to 10:30 a.m. will be for speakers who wish to address issues relating to the day’s agenda, and 11:00 to 11:30 a.m. will be for speakers who wish to address other issues.
• If the Board office is closed on a Monday, callers may register to speak by calling as of 8:30 a.m. that Tuesday.

WHEREAS, The educators and others who are employed by Montgomery County Public Schools are key partners in the important work and achievements of the school system; now therefore be it

Resolved, That the Board of Education approves the monthly Human Resources and Development Report with its listings identifying new employees, employee resignations, and other employee status updates; and be it further

Resolved, That the members of the Board of Education and the superintendent of schools express their condolences to families of deceased employees; and be it further

Resolved, That this resolution be made a part of the minutes of this meeting.

On May 22, 2014, the County Council approved the Montgomery County Public Schools (MCPS) Operating Budget appropriation for Fiscal Year (FY) 2015.  The Council approved a total of $2,276,763,984 for MCPS.  This is an increase of $51,342,932 (2.3 percent) from the current FY 2014 Operating Budget of $2,225,421,052.  The total tax-supported budget (excluding grants and enterprise funds) approved by the County Council for FY 2015 is $2,138,069,401, an increase of $53,731,033 (2.6 percent) from the current FY 2014 tax-supported Operating Budget of $2,084,338,368.  The FY 2015 Operating Budget includes $37,809,551 for state teacher pension costs. Excluding the increase in the pension shift for FY 2015 of $3,297,862 more than the FY 2014 amount of $34,511,689, the tax-supported budget increases by $50,433,171 (2.4 percent). The Council decreased the Board of Education’s requested budget by $40,531,132 to a total of $2,276,763,984 by using reserve funds from MCPS health care trust funds.  The amount of local contribution approved by the County Council is equal to the amount required by the state Maintenance of Effort (MOE) law. As required by state law, the County Council approved the appropriation by state categories.

Background

At its meeting on February 11, 2014, the Board of Education (Board) adopted its FY 2015 Operating Budget totaling $2,317,295,116. The Board’s request assumed a local contribution of $1,528,586,441, including $37,809,551 for state teacher pension costs. The Board’s request was $51,731,132 more than the minimum that the county was required to provide under the MOE law and reflected strategic priority enhancements needed for the school system as well as funding for economic items in the agreements reached with the three employee associations—the Montgomery County Education Association (MCEA), the Montgomery County Association of Administrators and Principals (MCAAP), and the Service Employees International Union (SEIU) Local 500.  Attachment A summarizes the final actions of the Council by state category.  Attachment B recaps the changes in the operating budget from FY 2014 to FY 2015.  Attachment C details the changes to the FY 2015 Operating Budget within budget categories.  The following is a summary chart of the FY 2015 Operating Budget and the change from the current FY 2014 budget.

On March 17, 2014, the county executive recommended to the County Council a total budget of $2,302,834,589 for MCPS, including grants and enterprise funds, which was $14,460,527 less than the Board of Education’s request.  The county executive recommended a tax-supported budget for MCPS of $2,164,140,006 excluding grants and enterprise funds, which was $14,460,527 less than the Board’s tax-supported request.  This included a local contribution of $1,465,045,758, which was $26,000,000 more than the MOE level and $37,809,551 for the third year of the shift of state teacher pension costs for a total local contribution of $1,502,855,309.  In addition, instead of using $26,972,451 from the MCPS fund balance for the FY 2015 Operating Budget, the county executive recommended using $38,243,056 from the MCPS fund balance as a result of savings generated during FY 2014 and previous years. 

As approved by the County Council, the FY 2015 Operating Budget includes a local contribution of $1,476,855,309, an increase of $28,604,715 (2.0 percent) more than the FY 2014 local contribution of $1,448,250,594. The local contribution includes the required MOE amount of $1,439,045,758 and $37,809,551 for state teacher pension costs. The County Council approved an appropriation that includes the use of $38,172,451 from the MCPS FY 2014 ending fund balance, $11,200,000 greater than the amount in the Board’s request.  Finally, the Council reduced the Board’s request by a total of $40,531,132 by using reserves from MCPS health care trust funds.  The Council reduced the FY 2015 MCPS Operating Budget Category 12, Fixed Charges, expenditure for the MCPS’ Employee Benefits Trust Fund for Retired Employees by $13,331,132.  As a result, the fund balance will be used to cover this amount of expenditure.  In addition, the Council reduced Category 12, Fixed Charges, by $27,200,000.  Retiree health benefit expenditures of this amount will be funded by the MCPS Other Post-employment Benefits (OPEB) Trust in FY 2015. 

The County Council is authorized by the State Education Article, Section 5-101, to approve the MCPS Operating Budget by category of expenditure as defined in the law. The Board may reallocate the resources within each of the categories, but the Board cannot transfer any allocation between categories without approval by the County Council. 

Budget Development Process

On December 12, 2013, I recommended an operating budget for MCPS at a level that was $17,420,019 more than the minimum amount permitted by the state MOE law.  The budget development process was modified this year to achieve even broader stakeholder involvement.  In spring 2013, staff met with focus groups of teachers, support staff, administrators, parents, students, and community members to gather input on the priorities that should guide the MCPS operating budget in future years.  Also, small teams were formed to discuss the work of elementary, middle, and high schools to identify structures, resources, and process that should be in place for MCPS to continue to provide our students with a world-class education.  The Board engaged in a formal and public process to identify its highest priority budget interests. The Board’s identified interests, as adopted by the Board on September 10, 2013, provided valuable input for the development of my budget recommendations and assisted Board members in evaluating the recommendations based on their expressed interests.

The development of the FY 2015 Operating Budget continued with extensive involvement of parents, staff, residents, and other stakeholders. From the beginning of the process, representatives from each of the employee associations— MCAAP, MCEA, SEIU Local 500—and leaders of the Montgomery County Council of Parent Teacher Associations, Inc. participated in all of the budget development meetings.  A significant amount of time was devoted to reviewing every proposal and alternative.  I am extremely grateful for the dedication and cooperation they showed throughout the budget process.  Executive leadership and many other MCPS staff members also played important roles in the budget process. 

Following the presentation of my recommended operating budget, the Board heard testimony from Parent Teacher Association representatives and many other stakeholders at two public hearings held on January 9 and 16, 2014.  Board members asked questions of staff during the public hearings and at two budget work sessions on January 23 and 28, 2014.  The questions and written responses were made available to the public in addition to the Board.  Recommendations for the approved budget include the following changes from the Board of Education’s request.

Local Contribution

The Board of Education’s FY 2015 Operating Budget Request included a local contribution (excluding the teacher pension shift) of $1,490,776,890, which was $51,731,132 more than the minimum MOE amount of $1,439,045,758.  The County Council approved the operating budget at the MOE-required amount of $1,439,045,758.  The County Council also provided the required amount of $37,809,551 for the teacher pension shift.  Instead of funding the local contribution at the Board’s request level, the County Council reduced the local contribution by $40,531,132, which is the same amount cut from the Category 12, Fixed Charges, budgeted expenditures to be funded from the MCPS’ Employee Benefits Trust Fund for Retired Employees and the OPEB Trust.

State Aid

State aid for MCPS is expected to total $618,765,933 in FY 2015.  This is the same amount that was included in the budget adopted by the Board of Education on February 11, 2014.  Overall, state aid is expected to increase by a total of $13,776,318 in FY 2015 from the current FY 2014 level.  Foundation aid increases by $4,673,924 based on the state aid formulas. Other increases in state aid for FY 2015 include $757,541 for the Geographic Cost of Education Index; $6,779,952 for Compensatory Aid based on the number of students eligible for Free and Reduced-price Meals System services; $1,105,284 for transportation aid; $640,584 for special education formula aid; and $1,993,372 for reimbursement for special education students attending nonpublic schools.  There is a decrease of $2,174,339 for aid to limited English proficient students.

Federal Aid

The estimate for federal aid totals $69,855,580 for FY 2015. This is a decrease of $2,825,208   from the current FY 2014 budget.  The decrease aligns the budget for federal grant funds more closely with the amount received for FY 2014.

Fund Balance

In addition to other sources of revenue, the Board’s budget adopted on February 11, 2014, included $26,972,451 of fund balance as a source of revenue for FY 2015.  This amount was based on the expectation that the available fund balance will be used for appropriation over several years to avoid any sudden increase in the need for local contribution to replace fund balance as a source of revenue. 

Instead, the County Council appropriated a total $38,172,451 of projected fund balance for the FY 2015 Operating Budget.  This is an additional $11,200,000 of fund balance more than the amount in the budget adopted by the Board. Given the uncertainty in regard to what the exact amount of fund balance will be at the end of FY 2014, the resolution approved by the County Council reappropriates the full amount of the final FY 2014 MCPS fund balance, or $38,172,451, whichever amount is less.

Summary of Recommendations

Attachment C details the changes to the FY 2015 Operating Budget within state categories.  The County Council’s appropriated operating budget is shown in the left-hand column.  Any changes made by the Board will be reflected in the final Attachment C that will be published in the final FY 2015 Operating Budget document. 

During my first three years as superintendent of schools, the MCPS operating budget process has effectively engaged a wide variety of stakeholders both within and outside the school system.  The spirit of cooperation exemplified by this broad range of participants in the budget process—including elected officials, the employee associations, parent representatives, students, and community members—symbolizes the continued dedication of Montgomery County to providing the best possible education for all students.  The willingness to come together as a community has made it possible to adopt a FY 2015 Operating Budget that will operate to produce the excellent results of which Montgomery County residents are so proud. I look forward to working with the Board to maintain focus on the core academic priorities that have guided the budget development process.  We recognize the fiscal challenges beyond FY 2015; however, the focus on the strategic goals of student achievement will continue to direct MCPS as we implement the operating budget. 

Recommended Resolution

WHEREAS, The Board of Education adopted the Fiscal Year 2015 Operating Budget of $2,317,295,116 on February 11, 2014; and

WHEREAS, The county executive recommended $2,302,834,589 for Montgomery County Public Schools, or $14,460,527 less than the Board of Education’s Fiscal Year 2015 Operating Budget Request on March 17, 2014; and

WHEREAS, The County Council approved a total of $2,276,763,984 (including grants and enterprise funds), a decrease of $40,531,132 from the Board of Education’s request, on May 22, 2014; and

WHEREAS, The County Council appropriated a total of $2,138,069,401 (excluding grants and enterprise funds), a decrease of $40,531,132 from the Board of Education’s request, including local contribution at the required Maintenance of Effort amount and reflecting the cost of the third year of the phase-in of the transfer of a portion of state teacher pension costs to local school boards; and

WHEREAS, The Maryland State Department of Education requires each local school system to submit an annual special education staffing plan; and

WHEREAS, The Special Education Staffing Committee—comprising parents, teachers, principals, special education staff, and special education advocates—held meetings in June 2013 and recommendations were submitted to the Office of Special Education and Student Services; and

WHEREAS, The Fiscal Year 2015 Operating Budget includes all of the staffing plan elements required by the Maryland State Department of Education; and 

WHEREAS, The County Council made changes to the Board of Education’s Fiscal Year 2015 Operating Budget Request of February 28, 2014, as indicated above, incorporating the decrease of $40,531,132 in Category 12, Fixed Charges, with expenditures of $13,331,132 to be funded by the fund balance in the MCPS Employee Benefits Trust Fund for Retired Employees, and $27,200,000 to be funded from the MCPS Other Post-employment Benefits Trust, in appropriating $2,276,763,984 for the Board of Education’s Fiscal Year 2015 Operating Budget, as follows:

now therefore be it

Resolved, That based on an appropriation of $2,276,763,984 that includes an appropriation of $60,790,649 for enterprise funds and $77,903,934 for restricted grants, approved by the County Council on May 22, 2014, the Board of Education approves its Fiscal Year 2015 Operating Budget reflecting the changes shown in Attachment A; and be it further

Resolved, That the Board of Education approves the 2014 Special Education Staffing Plan as included in the Fiscal Year 2015 Recommended Operating Budget; and be it further

Resolved, That the Special Education Staffing Plan be submitted to the Maryland State Department of Education; and be it further

Resolved, That a copy of this action be transmitted to the county executive and County Council.

WHEREAS, Funds have been budgeted for the purchase of equipment, supplies, and contractual services; now therefore be it

Resolved, That having been duly advertised, the following contracts will be awarded to the low bidders meeting specifications as follows:        

* Denotes Minority-, Female-, or Disabled-owned Business

**Planned Life-cycle Asset Replacement (PLAR)

Note:  Contract amounts will be based on individual requirements.

Formal bids and request for proposals (RFPs) were obtained and evaluated by the Division of Procurement, Department of Materials Management, in consultation with the users.  The tabulations, cost comparisons, and budget account verifications are available in Procurement’s files.

This is the first-year of a two-year contract for the purchase of milk, other dairy products, and fruit juices served in school cafeterias.   It is recommended that the Board of Education approves the first year of this contract through June 30, 2015. The contract also provides for two extensions of two years each.

WHEREAS, Funds have been budgeted for the purchase of milk, other dairy products, and fruit juices through Bid No. 9120.5; and

WHEREAS, Expenditures for the first year of the contract will be $3,700,000; now therefore be it

Resolved, That having been duly advertised, the contract be awarded to the low bidder meeting specifications as shown below:

WHEREAS, It is necessary to appoint engineering firms to provide professional design services for data wiring and cable television design on various construction projects on an as-needed basis; and

WHEREAS, A Professional Consultant Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified Brinjac Engineering, Inc. and Kirk Winkleman, RCDD as the most qualified firms to provide the necessary professional engineering design services; and

WHEREAS, On June 13, 2013, the Montgomery County Board of Education approved the appointments of Brinjac Engineering, Inc. and Kirk Winkleman, RCDD; and

WHEREAS, Kirk Winkleman, RCDD has formed a limited liability corporation and changed the entity under which he conducts business to C. Archer & Associates, LLC; and

WHEREAS, Staff in the Department of Facilities Management will negotiate fees for the necessary engineering design services based on the size and complexity of individual projects; now therefore be it

Resolved, That the Board of Education extends the contractual agreements with Brinjac Engineering, Inc. and C. Archer & Associates, LLC to provide professional engineering design services for an individual project as requirements arise for a fee not to exceed $50,000.

WHEREAS, It is necessary to appoint an engineering firm to provide professional constructability analysis services for construction projects on an as-needed basis; and

WHEREAS, A Professional Consultant Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified Construction Consultants Associates, Inc. as the most qualified firm to provide the necessary professional constructability analysis services; and

WHEREAS, Staff in the Department of Facilities Management will negotiate fees for the necessary constructability analysis services based on the size and complexity of individual projects; now therefore be it

Resolved, That the Board of Education extends the contractual agreement with the firm of Construction Consultants Associates, Inc. to provide professional constructability analysis services as requirements arise for a fee not to exceed $90,000 for an individual project.

WHEREAS, It is necessary to appoint engineering firms to provide professional civil design services associated with Improved Access to Schools, Americans with Disabilities Act compliance programs, and other facility-related projects included in the Fiscal Year 2015–2020 Capital Improvements Program; and

WHEREAS, A Consultant Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified the following as the most qualified firms to provide the necessary professional design services:

and

WHEREAS, ADTEK Engineers, Inc. is a Maryland Department of Transportation-certified minority firm; and

WHEREAS, Staff in the Department of Facilities Management will negotiate fees for the necessary professional design services based on the size and complexity of individual projects; now therefore be it

Resolved, That the Board of Education extends the contractual agreements with the above-named firms to provide professional civil engineering services as individual needs arise for a fee not to exceed $100,000 for an individual project.

The Department of Facilities Management recommends partial capitalization of selected multiyear capital projects to remove appropriations for completed work from the program accounts.

WHEREAS, The Montgomery County Office of Management and Budget has recommended the capitalization of countywide capital expenditures incurred as of June 30, 2014; and

WHEREAS, Montgomery County Public Schools external auditors concur with this recommendation; now therefore be it

Resolved, That the following projects be partially capitalized in Fiscal Year 2014, with amounts subject to final audit:

WHEREAS, The Board of Education annually closes capital projects and transfers any unencumbered balances to the unliquidated surplus account; and

WHEREAS, Staff in the Department of Facilities Management has reviewed capital projects that may be closed effective June 30, 2014; now therefore be it

Resolved, That the capital construction projects listed below, subject to final audit, be closed effective June 30, 2014, and any unencumbered balances be transferred to the unliquidated surplus account:

The Provision for Future Supported Projects is a lump sum appropriation that allows the Board of Education, under certain conditions, to approve the receipt and expenditure of unanticipated grant funds throughout the year rather than request supplemental appropriations from the County Council.  Descriptions of the grant projects are provided below.  Detail is provided for each award, indicating the name of the project, the award amount, the number of positions, and the funding sources.  There also is a brief summary of the purpose of each project and how the funds will be used. 

Authorization is requested to receive and expend, within the Fiscal Year (FY) 2014 Provision for Future Supported Projects, grant awards totaling $1,860,467 for the following continuing projects:

• Head Start Amended State Supplemental Continuation Grant
• National Institutes of Health (NIH)
• Quality Teacher Incentive Program

Continuing Projects

Purpose of the project:  Montgomery County Public Schools (MCPS) has received $201,570 from the MSDE Head Start State Collaboration Office for the Head Start Amended State Supplemental Grant. The purpose of the grant is to replace federal funds sequestered from the Federal Head Start Grant as a result of the implementation of the Budget Control Act of 2011. The grant funds will be used to fund a parallel program aligned with Head Start Performance Standards for 20 students currently enrolled in the prekindergarten program at Fairland Elementary School. The grant will fund .6 teacher, .6 paraeducator, .15 speech pathologist, .036 psychologist, .036 social services worker, and .310 social services assistant FTE positions.  Funds will be used for position and temporary part-time salaries, substitutes, food, field trip admissions and transportation, instructional materials, and employee benefits.

Purpose of the project:  MCPS has received a contract in the amount of $265,252 for the
FY 2014 NIH program.  This is $10,519 more than $254,733 budgeted for FY 2014.  NIH reimburses MCPS for instructional tutoring services provided for school-age children, ages 5–18, who are hospitalized for prolonged periods of time and are participating in clinical research at the NIH Clinical Center.  The additional reimbursement will be used for indirect costs, temporary part-time salaries, and related employee benefits.

Purpose of the project:  MSDE has provided $1,648,378 to MCPS for the Quality Teacher Incentive Program.  The grant stipulates that a $1,000 stipend be provided to educators who hold National Board for Professional Teaching Standards (NBPTS) certification and an additional $1,000 stipend for those educators who have taught at MSDE-identified comprehensive needs schools during 2013–2014.  The Office of Human Resources and Development (OHRD) has identified a total of 669 teachers who currently have achieved National Board certification.  Of that total, 428 teachers who earned their certification prior to July 1, 2013, will receive a $1,000 stipend, and teachers who earned their certification after July 1, 2013, will receive a prorated amount of $1,000 depending when certification was achieved. Also, 197 NBPTS certified teachers who currently are teaching in comprehensive needs schools will receive a $2,000 stipend. OHRD identified 580 Advanced Professional Certificate holders who currently are teaching in a comprehensive needs school who will each receive a $1,500 stipend.  The Quality Teacher Incentive Act of 1999 requires the employer to pay employee benefit costs associated with the stipend. 

Recommended Resolution

WHEREAS, The above-noted grants qualify for a transfer of appropriation from the Provision for Future Supported Projects, pursuant to the provisions of County Council Resolution No. 17-763, approved on May 23, 2013; and

WHEREAS, The above-noted projects do not require any present or future county funds; and
 

WHEREAS, Sufficient appropriation is available within the Fiscal Year 2014 Provision for Future Supported Projects to permit the above-noted transfers within state categories; now therefore be it

Resolved, That the superintendent of schools be authorized by the Board of Education to receive and expend $1,860,467 within the Fiscal Year 2014 Provision for Future Supported Projects, specified as follows:

  Positions*

and be it further

Resolved, That a copy of this resolution be sent to the county executive and the County Council.

Montgomery County Public Schools (MCPS) Division of Food and Nutrition Services (DFNS) is an enterprise fund that requires revenue to cover expenses.  Due to the projected increase in expenditures in the food services program in Fiscal Year (FY) 2015, I am recommending a five-cent increase in the price of lunch for elementary and secondary school students as indicated in the chart below.  The price of lunch for elementary students should be increased from $2.50 to $2.55.  The price of lunch for secondary school students should be increased from $2.75 to $2.80. The price of breakfast will remain at $1.30 for both the elementary and secondary school students.

Eligible low-income students in MCPS will continue to receive either meals at no cost, or if eligible for reduced-price meals, breakfast at no cost and lunch at a cost of $0.40.

The last price increase occurred during FY 2010, which was 10 cents for elementary and secondary lunches.  In order to successfully comply with the Healthy, Hunger-Free Kids Act of 2010 (HHFKA), DFNS has incurred a significant increase in food costs.  While compliance with the HHFKA regulations has resulted in an increase in reimbursement of $0.06 per meal, expenses in the fresh produce and whole grain items have resulted in an increase of more than $520,000 and $730,000, respectively.  

The next phase of HHFKA is to be implemented in the 2014–2015 school year. Additional serving sizes of fruit must be offered at breakfast, and students will be required to select a fruit option.  Additionally, the whole grain requirement will increase from 51 percent to 100 percent.  Both of these changes will have a significant impact on the expenses related to produce and bakery items.

With the recommended meal price increase, MCPS will continue to charge lower prices than those charged by many other local school systems (see attachment). DFNS will continue to maintain cost controlling measures and explore options to enhance revenue. A focus on increasing participation in the school breakfast and lunch program is under way, as well as expanding meal service to the after-school snack and at-risk supper program and the Summer Food Service Program.

WHEREAS, The Board of Education sets prices for participation in the breakfast and lunch programs each June for the following fiscal year; and

WHEREAS, Compliance with the Healthy, Hunger-Free Kids Act of 2010 has resulted in increased food costs; and

WHEREAS, The Division of Food and Nutrition Services will continue to focus on outreach to students and parents as part of an ongoing, marketing plan to increase average daily student participation for breakfast and lunch; now therefore be it

Resolved, That the price of the elementary school lunch be increased from $2.50 to $2.55, the price of the secondary school lunch be increased from $2.75 to $2.80, and the price of lunch for all students eligible for reduced-price meals be maintained at $0.40; and be it further

Resolved, That breakfast prices for elementary and secondary students will be $1.30 and students who are eligible for reduced-price meals will receive breakfast at no cost; and be it further

Resolved, That the price increase be effective August 25, 2014.

This financial report reflects the actual financial condition of Montgomery County Public Schools (MCPS) as of April 30, 2014, and projections through June 30, 2014, based on program requirements and estimates made by primary and secondary account managers.  At this time, revenues have a projected surplus of $2.1 million, which is $0.2 million more than the $1.9 million reported last month.  Expenditures have a projected surplus of $13.3 million, which is an increase of $0.4 million.  

As a result of cumulative savings in Fiscal Year (FY) 2011, FY 2012, and FY 2013, and after the County Council appropriated $27.0 million to fund the FY 2014 Operating Budget, the FY 2014 beginning fund balance as of July 1, 2013, is $22.2 million.  Based on revenue and expenditure projections as of April 30, 2014, the FY 2014 fund balance at year end will be $37.6 million. On May 22, 2014, the County Council approved the use of $38.2 million from fund balance to fund the FY 2015 MCPS Operating Budget.

Attachment 1 presents a chart displaying budgeted and projected revenues as reflected in this report.  Attachment 2 is a chart detailing expenditure information by state category. The chart displays authorized (budgeted) expenditures, actual year-to-date expenditures and encumbrances, projected expenditures for the remainder of the fiscal year, and the projected year-end balance as reflected in this report. 

REVENUE

Total revenue is projected to be $2,244,221,709, which is $2,077,173 more than the revised budget of $2,242,144,537.  

County

The projected revenue from the county is $1,448,250,594. There is no change in the projection from the prior month.

State

The projected revenue from the state is $607,023,615.  This is $2,034,000 more than the $604,989,615 budgeted and $184,000 more than reported last month.  The projected change in state revenue is related to funds that MCPS receives for special education students who attend nonpublic schools.  Early in the fiscal year, the state informed MCPS of a change in the calculation of the local contribution that is based on 300 percent of the average per-pupil cost, plus 30 percent of the cost that exceeds the 300 percent amount.  The state pays 70 percent of the cost that exceeds the 300 percent amount.  As the 300 percent amount is lower, the MCPS share of the cost is lower and the state’s share is higher.  The additional revenue is related to the amount the state will pay for additional students who are being served in nonpublic schools this year. 

Federal

Projected revenue from Impact Aid is $193,173.  This is $206,827 less than the $400,000 budgeted, and $6,827 less than the $200,000 projected last month.  The impact of sequestration has resulted in less support for federally connected students.

Other

The projected revenue from other sources is $3,975,708, which is $250,000 more than the FY 2014 original budget.  There is no change in the amount projected from the previous estimate.  Most of the additional revenue is from summer school fees. 

Appropriated Fund Balance

As reported last month, the revenue from appropriated fund balance is $32,450,617. This amount includes $5,478,166 for prior-year encumbrances.  This amount does not include any changes in fund balance that result from projected changes in current year revenue and expenditures.

Enterprise Funds

The projected revenue from enterprise funds is $60,421,436.

Supported Projects

The anticipated revenue for supported projects is $91,906,567. This estimate includes $11,177,425 carried forward from FY 2013.  Projects approved through April 30, 2014, have been assigned $87,146,626.

EXPENDITURES

The projected surplus of $12,900,000 reported last month has increased by $400,000 to $13,300,000.  There are projected surpluses in Category 1, Administration; Category 2,
Mid-level Administration; Category 3, Instructional Salaries; Category 4, Textbooks and Instructional Supplies; Category 5, Other Instructional Costs; and Category 7, Student Personnel Services.  There are projected deficits in Category 6, Special Education; and Category 10, Operation of Plant and Equipment.  Expenditures for all other categories are projected to be on budget by the end of the fiscal year. The following provides an explanation of the projections for each category, including changes from the prior month.

Category 1—Administration

The projected end-of-year surplus of $800,000 in Category 1, Administration, reported last month has not changed.  As of April 30, 2014, 95.2 percent of the funds budgeted in the category have been spent or encumbered.  It is projected that an additional $1.0 million or 2.7 percent of budgeted funds will be spent during the remainder of the year.  Currently, there are 14.9 vacant Full-time Equivalent (FTE) positions, and there is no change from last month. The balances associated with these vacancies are offset by the estimated amount that will be needed to fill the vacancies.  The projected position salary surplus of $1.2 million remains the same as reported last month.  The projected surplus of $400,000 for temporary part-time salaries has increased by $100,000 to $500,000.  The projected deficit of $800,000 for contractual services has increased by $100,000 to $900,000.  The deficit in contractual services is due to the greater than budgeted costs for legal services and the hiring of outside contractors for technology services as a result of vacant positions. 

Category 2—Mid-level Administration

The $2.4 million projected end-of-year surplus reported in Category 2, Mid-level Administration, has decreased by $200,000 to $2.2 million.  As of April 30, 2014, 97.7 percent of the funds budgeted in this category have been spent or encumbered, and it is anticipated that an additional $950,000 of budgeted funds (less than 1 percent) will be expended during the remaining months of the year.  There are 21.9 vacant Full-time Equivalent (FTE) positions, and the projected position salary balance remains at $1.9 million. The projected surplus of $300,000 for long-term leave, workers’ compensation reimbursement, and temporary part-time salaries reported last month has decreased by $300,000 and now is projected to be on budget.  Most of this change is related to salary costs associated with the additional day of school on April 21, 2014. The projected surplus of $200,000 surplus for contractual services, supplies and materials, and mileage reimbursement for local travel reported last month has increased by $100,000 to $300,000.  The surplus is due primarily to less than anticipated spending for contractual services for professional development, equipment rental, and contractual maintenance for office equipment. 

Category 3—Instructional Salaries

Category 3, Instructional Salaries, is projected to end the year with a surplus of $13.5 million, which is $500,000 less than the $14.0 million reported last month.  Approximately 97.2 percent of the funds budgeted in Category 3, Instructional Salaries, have been spent or encumbered.  It is projected that an additional $10.1 million or 1.2 percent of the budgeted amount will be spent during the remainder of the year.  The $11.4 million surplus in position salaries reported last month has decreased by $1.3 million to $10.1 million.  While there is no significant change in the 187.2 vacant FTE positions reported last month, the projection for position salaries has been refined due to additional actual data.  The balance includes salaries for long-term substitute teachers who fill vacant teacher positions.  The $2.6 million surplus projected in temporary part-time salaries has increased by $800,000 to $3.4 million.  The surplus primarily is related to surpluses in expenditures for short-term substitute salaries, long-term leave, and costs for sick and annual leave payments to employees.   This projection includes approximately $200,000 in expenses that were incurred as result of the additional day of school on April 21, 2014.

Category 4—Textbooks and Instructional Supplies

The expenditure projection for Category 4, Textbooks and Instructional Supplies, which previously was reported to be on budget, has changed to a surplus of $1.0 million.  It is projected that approximately 96 percent of the funds budgeted in this category will be spent by the end of the year. The surplus reflects the projected amount of unspent funds for textbooks, instructional supplies and materials, and media materials based on the May 9, 2014, cut-off date for purchase orders and warehouse requisitions.

Category 5—Other Instructional Costs

Category 5, Other Instructional Costs, is projected to have a surplus of $200,000 at the end of the year. Last month, expenditures were projected to be on budget.  Based on current actual expenditure data and projected spending, 98.4 percent of budgeted funds will be spent by the end of the year.  The projection has been refined as a result of the availability of additional actual expenditure data.

Category 6—Special Education

Expenditures for Category 6, Special Education, previously projected to be on budget, are now projected to have a deficit of $400,000.  As of April 30, 2014, 99.3 percent of the funds budgeted in this category have been spent or encumbered.  There are no significant changes from the 46.8 vacant FTE positions reported last month, and there is no significant change in the number of vacancies from last month.  Based on additional actual salary data, the $0.9 million positions salary balance projected last month has increased by $200,000 to $1.1 million.  Position salary balances resulting from vacant FTE positions are offset by long-term substitutes for classroom coverage and temporary part-time salaries and contractual services to provide services to students with disabilities as prescribed in their Individualized Education Programs.  The deficit of $100,000 reported last month for temporary part-time salaries (long-term leave) has increased by $400,000 to $500,000.  The change primarily is a result of overtime expenditures that were incurred due to the additional day of school on April 21, 2014.   This is partially offset by a surplus of $200,000 in supplies and materials based on additional actual expenditure data.  The deficit of $800,000 projected for tuition for students in nonpublic programs has increased by $400,000 to $1.2 million based on an increase in the enrollment of students attending school-age day programs.  The deficit also is attributable to the fact that the FY 2014 original budget included an assumption of a 2.0 percent tuition rate increase, and the final state-approved tuition rate increase is 2.5 percent.

Category 7—Student Personnel Services

As reported last month, expenditures for Category 7, Student Personnel Services, are projected to have a surplus of $200,000.  As of April 30, 2014, approximately 97.5 percent of all budgeted funds in the category have been spent or encumbered.  While there are no current position vacancies, the position salary balance is projected to be $400,000, an increase of $100,000 from the $300,000 surplus reported last month.  The $100,000 deficit in expenditures for part-time salaries and operating expenses has increased by $100,000 to $200,000.  This deficit primarily is a result of higher than anticipated expenditures for long-term leave.

Category 9—Student Transportation

The projection for Category 9, Student Transportation, is expected to be on budget as reported last month.  As of April 30, 2014, 94.3 percent of all budgeted funds in the category have been spent or encumbered.  Based on actual data and a projection of 63 vacant FTE positions at year end, the position salary surplus of $2.7 million remains the same as projected last month.  There is a projected deficit of $3.3 million for temporary part-time school bus operator salaries, an increase of $400,000 from last month’s reported deficit of $2.9 million.  The change in the deficit is due to costs associated with the additional day of school on April 21, 2014.  Considering month-to-month price fluctuations and savings from school closures due to snow events, it is anticipated that expenditures for school bus fuel will have a surplus of $60,000.  Expenses for bus fuel were projected to be on budget last month.  Expenditures for contractual services, bus parts and supplies, and other operating expenses are projected to have a surplus of $540,000, an increase of $340,000 from last month’s projection.  The change primarily is due to available surplus as a result of lease/purchase financing for buses, lower than projected spending for staff vehicles, and lower expenditures for shop equipment.  The refinement of these projections is based on the availability of more months of actual expenditure data.

Category 10—Operation of Plant and Equipment

The deficit of $4.5 million reported last month for Category 10, Operation of Plant and Equipment, has decreased by $300,000 to $4.2 million.  Approximately 94.2 percent of all budgeted funds in this category have been spent or encumbered.  It is projected that an additional $10.9 million will be spent throughout the remainder of the year.  Currently, there are 40.5 FTE position vacancies, primarily building service positions.  Although there are 7.5 more vacancies than reported last month, there is no change in the projected surplus of $500,000 in position salaries.  The $1.3 million deficit in temporary part-time salaries reported last month has increased by $900,000 to $2.2 million. The deficit is attributable to the use of building services substitutes to fill vacancies and overtime expenses that were incurred during the 10 days that schools were closed due to weather emergencies.  The change from the prior month is related to expenditures associated with the additional day of school on April 21, 2014, and refinement of the projection for building service substitute costs based on additional actual expenditure data.

The $3.7 million projected deficit for utilities has improved by $1.2 million and the current projected deficit is $2.5 million.  The overall deficit is a result of cold weather temperatures through March that resulted in an increase in the consumption of electricity, natural gas, and fuel oil. In addition, rates have increased due to the imbalance between supply and demand.  While the price for the majority of MCPS’ anticipated electricity and natural gas requirements was fixed through contracts, a portion of the electricity and natural gas is purchased at market rates. The current projection is in contrast to the last several years when large surpluses were based on moderate weather, decreasing energy rates, and increased energy conservation.  The change in the projection is related to rate credits received from the vendor for water and sewer services, and additional savings related to our contract rate for natural gas.  This projection is subject to change if weather conditions for the remainder of the year do not follow prior year trends. 

Category 11—Maintenance of Plant

Expenditures in Category 11, Maintenance of Plant, are projected to be on budget and there is no change in the projection from last month.  Approximately 94 percent of budgeted funds have been spent or encumbered as of April 30, 2014, and all funds are expected to be spent by year end.  Currently, there are 32 FTE position vacancies—2.0 more than reported last month.  The $800,000 position and temporary part-time salary surplus reported last month has increased by $100,000 to $900,000.  The projected deficit of $150,000 in contractual services remains the same as last month. The deficit of $160,000 for maintenance and grounds care supplies has increased by $100,000 due to an additional requirement for salt and sand that were purchased during the winter. The $490,000 deficit projected last month for vehicle operating costs related to snow removal has not changed.

Category 12—Fixed Charges

As reported last month, expenditures for Category 12, Fixed Charges, are projected to be on budget.  Approximately 87.6 percent of budgeted funds have been spent as of April 30, 2014.  The projected deficit of $700,000 in tuition reimbursement for MCPS staff based on prior year actual expenditures remains the same as reported last month.  Offsetting this deficit is a projected surplus of $100,000 in the Federal Insurance Contribution Act (FICA) tax, as reported last month.  The $300,000 surplus in the administrative retirement fee that is paid to the state, the surplus of $200,000 for workers’ compensation, and the $100,000 surplus for unemployment insurance remain the same as reported last month

On January 14, 2014, the Montgomery County Board of Education (Board) tentatively adopted the updated Policy, FAA, Long-range Educational Facilities Planning. The tentatively adopted policy was distributed for public comment.  One comment was received.

Members of the Board Policy Management Committee further discussed Policy FAA, Long-range Educational Facilities Planning, on May 20, 2014, and on June 3, 2014.  Language has been added to reflect circumstances in which staff conducts roundtables or other processes to receive community input on topics broader than those related to a specific school or site. 

Additionally, language was added to clarify that the Board may identify alternatives to the superintendent of school’s recommendations with respect to school boundaries or geographic student choice assignment plans.  Finally, language was added to indicate that the superintendent of schools may present a different and/or condensed process and schedule for making recommendations to the Board regarding the Capital Improvements Program, facility planning activities and school boundaries, and geographic student choice assignment plans in the event the Board determines that unusual circumstances exist.

The Committee Recommended Draft is included as Attachment A.  The public comment is summarized in Attachment B.  The original comment is included in Attachment C and the Draft for Public Comment is included as Attachment D.

The following resolution is provided for your consideration:

WHEREAS, Policy FAA, Long-range Educational Facilities Planning, aligns processes for obtaining public input on matters relating to long-range facilities planning with Policy ABA, Community Involvement; and

WHEREAS, The draft of Policy FAA, Long-range Educational Facilities Planning, was tentatively adopted by the Board on January 14, 2014, and sent out for public comment; and

WHEREAS, The Board has received the Board Policy Management Committee’s recommendations and received comments from the public; now therefore be it

Resolved, That the Board adopts Policy FAA, Long-range Facilities Planning, as updated in the attached Committee Recommended Draft.

In July 2013, I convened a work group to delve into root causes of the high rate of math semester exam failures.  From July 2013 to April 2014, the Math Semester Exam Work Group conducted surveys, analyzed data, reviewed past reports and current policies, and extensively discussed possible causes of high rates of exam failures.  The attached Report of the Math Semester Exam Work Group summarizes the group’s processes, findings, and recommendations.  The work group’s recommendations focus on five areas: alignment and content of exams; maximizing instructional time; readiness, options, and placement; formative assessments; and purpose/weight of semester exam.  This memorandum includes a summary of 2013–2014 efforts and next steps to address concerns with student performance on the math semester exams; Fiscal Year
(FY) 2015 Operating Budget initiatives that respond to the work group’s recommendations; and my proposal to expand our work to close the achievement gap in math.

It is clear that there is no single factor responsible for the high rate of failure on math exams. Rather, the work group explored several possible causes including course articulation practices, student preparation, system grading practices, and the need for additional professional development.  The greatest concern highlighted by the work group was a consistent pattern of low grades by students who account for the majority of the exam failures.  Eighty to ninety percent of students who earned a grade of D or E in either marking period failed the semester exam.  In many instances, students earning a grade of C fared better, but failed the exams at more than a rate of 50 percent. These students are disproportionately Black or African American, Hispanic/Latino, or receiving special services, thus heightening the urgency to address this achievement gap.  In addition to our ongoing work highlighted in this memorandum, I am proposing a series of recommendations beyond those of the work group designed to help eliminate this persistent achievement gap, including:

• Starting Math Success Early—Expansion of Math Expertise at the Elementary Level
• Breaking the Cycle of Failure—Reconsideration of Secondary Articulation Policies
• Targeted Support for Students Struggling in Math—Development of Diagnostic Instruction Tools and Interventions
• Building Staff Capacity—Create Professional Development to Reach Students Struggling in Math
• Leveraging the Expertise of Our Best Teachers—Crowdsource a Library of Student and Teacher Resources

Current Efforts and Next Steps––Addressing the Work Group Recommendations

The charts below indicate current system efforts to address findings in each of the five areas identified by the work group as well as recommended next steps.

Alignment and Content of Exams

Maximizing Instructional Time

Readiness, Options, and Placement

Formative Assessments

Purpose/Weight of Semester Exam

Budget Initiatives to Close the Math Achievement Gap

New Positions

After a multi-year period of budget reductions, the FY 2014 and the proposed FY 2015 budgets include a number of new or expanded initiatives designed to focus on mathematics teaching and learning and closing the achievement gap.  This year, six mathematics instructional specialists were added and together with the existing specialists, the Math Implementation and Development Team was created to support the development of new Common Core aligned curriculum, assist with the implementation of new mathematics professional development opportunities for teachers and administrators, and provide direct support in schools. In addition, 1.4 million dollars was added to the budget to support professional development for the implementation of Curriculum 2.0.   Thirty middle school focus teachers were hired to support students struggling in mathematics and reading.  The Board also approved the addition of 22.8 staff development teachers to increase staff development teachers in all middle schools from 0.4 to 1.0.  At the high school level, 6.2 positions were added in FY 2014 to reduce mathematics and English class size at Watkins Mill, Springbrook, and Gaithersburg high schools which is an enhancement to the 17.3 positions currently budgeted for the Downcounty Consortium high schools for this purpose.

The FY 2015 Operating Budget includes 15 Full-time Equivalent (FTE) positions designated to reduce class size in our most impacted high schools in English and math with a focus on
Algebra 1 and geometry.  Additionally, 10 FTE positions have been added to increase release periods for high school resource teachers and 8.2 FTE positions have been added to enhance middle school leadership in 12 schools.  These positions will allow the math resource teacher leader to focus solely on the school’s math department, without the added responsibilities of leading a grade-level team. 

Resource teachers will utilize the additional release time to mentor, coach, and support teachers in their department with planning, curriculum study, and data analysis.  To strengthen the leadership capacity of secondary math resource teachers, a professional development program will be implemented during the 2014–2015 school year.  The FY 2015 Operating Budget also allows for five FTE high school staff development teacher positions.  Each high school will receive an additional
0.2 FTE staff development teacher allocation.  These positions will support improvement in instruction related to the implementation of Curriculum 2.0 and expanded support for content-alike teams as well as individual teachers.

Professional Development

Also included in the FY 2015 Operating Budget is the expansion of professional development for secondary math instruction.  In summer 2013, two days of required face-to-face professional development were delivered to all Algebra 1 teachers with two days of substitute/stipend time provided throughout this school year for collaborative planning for curriculum study and data analysis.   This professional development, aligned with the implementation of new curriculum in Algebra 1, was rolled out as part of the Curriculum 2.0 (Common Core State Standards [CCSS]) initiative.  In summer 2015, required professional development is expanding with the rollout of new curriculum in Math 6 and geometry.  Based on information from work group discussions as well as input and feedback from a broader group of teachers and administrators regarding the Algebra 1 professional development, the amount of face-to-face professional development time has been doubled for Math 6 and geometry for a total of four days.  Feedback also indicated that continued Algebra 1 professional development is needed.  As a result, an additional three days of face-to-face professional development have been budgeted for all Algebra 1 teachers in summer 2014.  Approximately 800 secondary math teachers will participate in face-to-face professional development this summer. In addition, central services staff are collaborating with the Montgomery County Education Association to host a summit of Algebra 1 teachers to develop instructional materials, formative assessments, and resources for struggling students.

Collaborative planning time for curriculum study and data analysis offered during the school year also has been increased as a result of input and feedback.  During the 2014–2015 school year, Math 6 and geometry teachers will receive three days of substitute/stipend time and Algebra 1 teachers will receive two days of substitute/stipend time, an increase of one day.  These collaborative planning opportunities are implemented strategically throughout the school year and are designated for course-alike teachers to meet together as a Professional Learning Community to enhance their professional practice. Collaborative planning augments daily planning time already built into each teacher’s schedule, which is used generally for individual planning as well as collaborative course-alike work.

During the previous curriculum rollout, face-to-face professional development was offered only prior to the first year of implementation.  It is imperative that we increase opportunities for ongoing professional development for our teachers who are required to implement revised curriculum.  Offering a second year of professional development in Algebra 1 provides the opportunity to go beyond the new content and instructional shifts of CCSS and delve into specific strategies and interventions that focus on supporting struggling students.  This model of expanded professional development will be continued throughout the rollout of new secondary math curriculum for the next few years.

Eliminating the Achievement Gap in Math

While the recommendations above impact most students, special attention is necessary to support students who consistently struggle in math.  I propose a five-point-plan to target support for students who repeatedly struggle in math.

Starting Math Success Early—Expansion of Math Expertise at the Elementary Level

While the Math Semester Exam Work Group did not make recommendations to address the root causes of the achievement gap in math at the elementary level, many discussions focused on the need for building a strong, equitable foundation for all students in math at the elementary level.  Many expressed hope that the current implementation of the Curriculum 2.0 math program will develop that strong foundation in number sense.  The key to reducing the number of students who consistently fail courses is to build a strong foundation in number sense and an appreciation for math at the elementary level.  The 2009–2010 Math Work Group identified the need to develop a staff member in each building with math content expertise. The math content coach, like reading specialists, have proven effective in developing teacher understanding and targeting support for students, particularly those struggling in math.

The Office of Shared Accountability published several evaluation briefs between 2006 and 2008 that examined the effects of math content coaches on instruction and achievement in Title I schools.  Findings revealed improvements in teacher knowledge of math content and ability to differentiate instructional strategies as well as improved student performance on standardized assessments.  Currently, 40 of 132 elementary schools have identified math content coaches.  Last year, the remaining 92 elementary schools designated a voluntary math representative teacher to attend several professional development opportunities during the year and to share what he or she learned with school peers.  For the 2014–2015 school year, we will expand the professional development opportunities for representative math teachers and plan for a targeted expansion of the math content coach position to additional elementary schools over the next several budget cycles.  

Breaking the Cycle of Failure—Reconsideration of Secondary Articulation Policies

The report indicated that students who earn a grade of D or fail courses are often moved to the next course in sequence despite not demonstrating proficiency. These students account for many of the exam failures.  This cycle of fail/move along/fail again, promotes deeply held beliefs that students in these situations are not “math people” and will “never get it.”  These beliefs fuel the achievement gap in math. Staff members will review current articulation practices and recommend changes that will help break the cycle of failures. Changes in policy will be suggested, where necessary, to the Montgomery County Board of Education Policy Management Committee.

Targeted Support for Students Struggling in Math—Development of Diagnostic Instruction Tools and Interventions

Strategically focusing on supporting students who consistently have earned marking period grades of C, D, and E will be essential to closing the achievement gap.  Learning the specific strengths and needs of each student will enable teachers to target their efforts to help students improve.  Staff members are investigating methods, products, and models that provide teachers real-time information on student progress. These models must be well-aligned to CCSS in order that all students reach the goal of a deep understanding of math. 

Current intervention products emphasize skill building without developing student understanding. These types of interventions reinforce student perceptions that math is a series of disconnected skills without addressing deeper understanding or attitudes towards math.  Montgomery County Public Schools (MCPS) is exploring a partnership with Spatial-Temporal (ST) Math. Created by
MIND Research Institute, ST Math is born out of cognitive brain research and employs game-based visual learning to engage students in reaching the deeper levels of understanding expected in CCSS.  We also have been piloting the Texas Instruments Nspire suite of formative assessment and data collection tools.  Nspire, which uses an interactive graphing calculator, allows teachers to plan and monitor student progress on formative assessments on a daily basis.  While investigation and research of these models may be cost-neutral, it is possible that our final proposal may have budgetary impact.

Building Staff Capacity—Create Professional Development to Reach Students Struggling in Math

Once teachers have identified the specific strengths and needs of students, a variety of instructional strategies is necessary to help students improve. Often students who have consistently struggled in math have ingrained beliefs and attitudes about themselves and math that can block consistent improvement.  Much of our professional development during the past four years has focused on learning the key curriculum and assessment shifts in CCSS. New, intensive professional development is essential to help teachers build their capacity to support the student who consistently struggles in math. Teachers consistently successful with students who struggle in math will be recruited to help design and implement an intensive professional development program to help eliminate the achievement gap in math.  While the design of the program may be cost-neutral, it is possible that implementation may require additional instructional specialists, which may have a budgetary impact.  In addition, work is underway this summer to align and enhance the curriculum of the The George B. Thomas, Sr. Learning Academy, Inc. (GBTLA) with CCSS.  This collaboration between GBTLA and the Office of Curriculum and Instructional Programs also will include professional development for Saturday School teachers.

Leveraging the Expertise of Our Best Teachers—Crowdsource a Library of Student and Teacher Resources

Students and teachers reported that the limited time to review math concepts was a contributing factor to poor exam performance. Twenty-first century technology will permit us to crowdsource student and teacher reviews, screencasts, and solutions to math concepts.  MCPS will create an online library of student resources organized around the exam reviews to assist students as they study for final exams.

Concurrent with the Math Semester Exam Work Group’s efforts, staff members initiated actions to address student performance on semester exams. Action steps have been identified and will continue into summer and throughout the 2014–2015 school year. The FY 2015 Operating Budget includes a number of initiatives that complement the work group’s recommendations and support improvements in math teaching and learning.  Many initiatives will be in place at the start of the school year in August.  

Finally, I have identified further steps that must be taken to address the achievement gap in math.  Some of these actions will require the Board of Education’s input, discussion, and action regarding our policies.  In addition, I plan to make recommendations in the FY 2016 Operating Budget to strengthen our commitment to improved math instruction and achievement.  

Last October,  I proposed that we  consider changing school starting and ending times—also known as bell times—in Montgomery County Public Schools (MCPS). I made my recommendation based on the findings of the 2013 Bell Times Work Group, which studied the impact of our school start times on the health and well-being of adolescents. Based on those findings, my recommendation was to shift high school start times 50 minutes later, shift middle school start times 10 minutes earlier, and extend the elementary school day by 30 minutes to facilitate these changes.

I was very clear at the time that I would like to make these changes to school bell times but that we needed to get broad input from our community and assess the financial and operational impact of the recommendation before moving forward. In October 2013, the Bell Times Phase 2 Work Group was formed to oversee the planning, organization, and coordination of efforts to gather this input and assess the costs and impacts associated with the proposed schedule changes.

In addition, another work group was established and charged with developing options for how the additional 30 minutes in the elementary school day could be used if the proposal were adopted. Both work groups included representatives from the three employee associations: the Montgomery County Association of Administrators and Principals, the Montgomery County Education Association, the Service Employees International Union Local 500; as well as from the Montgomery County Council of Parent-Teacher Associations and MCPS offices.

From October 2013 to April 2014, input on the bell times proposal was gathered from thousands of students, parents, MCPS employees, and community members in a variety of ways. These engagement efforts included—

• four community forums attended by 676 parents, students, staff, and community members and other staff-facilitated discussions attended by an additional 960 people;
• surveys completed by 15,307 parents, 45,691 students, and 14,943 staff members;
• seventy-seven “Neighbor-to-Neighbor” discussion groups; and
• more than 740 e-mails sent to the MCPS bell times drop box.

Overall, the feedback illustrated that the MCPS community is not of a single mind regarding the bell times proposal. Specifically, we learned that— 

• parents and middle school students are most in favor of the proposal;
• high school students and high school staff members are evenly divided in their support and opposition;
• elementary school students and elementary school staff responded least favorably to the proposal;
• while there is substantial support for the shift of high school start times, there is significant concern about extending the elementary school day by 30 minutes, which is needed to ensure that school buses have enough time to make their runs; and
• if the elementary school day were extended, there is a strong preference for students to receive breaks during the day or additional time for recess, physical education, or the arts.

As feedback was being gathered, MCPS staff was studying the operational and financial impacts of the proposal including those associated with transportation, facility operations, staffing, and athletics. Staff also solicited input from a number of Montgomery County agencies, including the Department of Transportation, the Department of Police, the Department of Health and Human Services, and the Community Use of Public Facilities. The attached report on the work of the Bell Times Phase 2 Work Group provides additional information about our community engagement efforts, in-depth analysis of the feedback received, and details on the study of operational and financial impacts.

Based on the feedback and the cost estimates, I am recommending that we do not move forward with changes to bell times at this time. While there are many members in our community who would like to see us change bell times, there is not universal support for the idea. The fact that high school students and staff are evenly divided on this proposal is particularly relevant to me, as they are the direct beneficiaries of this change. The concern about extending the elementary school day also is significant, and this plan simply cannot move forward without such a change.

My greatest concern is around the cost of the proposal. The results of the operational and financial analysis indicate that, at a minimum, the annual cost of this proposal would be approximately $21.6 million. Student enrollment in MCPS is growing by approximately 2,500 students a year and more children are coming to our schools requiring additional supports and services to ensure success. Additional resources are needed each year only to provide the same services to a growing number of students. For that reason, there is a very limited amount of money available to us each year to fund new initiatives. For instance, the Fiscal Year (FY) 2015 budget approved by the County Council last month includes just $12.5 million for new initiatives to help address the achievement gap and prepare our staff and students for a new curriculum and new assessments.

Bell times is an important issue to student success and well-being, but it has to be viewed in the context of other priorities the school system must consider, such as hiring more counselors and school psychologists to meet the social emotional needs of our students; expanding the use of technology in the classroom; reducing class sizes, especially in schools with the largest achievement gaps; investing in arts programs that will engage students; and improving career-oriented education programs.

We anticipate needing at least $135.0 million in additional funding for FY 2016 in order to replace the one-time funding sources used for next year’s budget, meeting our ongoing obligations, keeping up with our growth, and continuing to invest in strategies that will help us close the achievement and opportunity gaps. Adding $21.6 million to that request would not be fiscally responsible, nor would it likely be funded.

Finally, it should be noted that on May 15, 2014, Governor Martin O’Malley signed a bill that directed the Maryland Department of Health and Mental Hygiene to conduct a study of morning bell times and whether public schools should start later. I, and many others, will look forward to reviewing any recommendations that result from this study and any funding streams that are identified to help schools pay for the significant costs of changing start times.

Executive Summary

The purpose of this memorandum is to request final approval of the Montgomery County Public Schools (MCPS) Secondary Comprehensive Health Education (CHE) Curriculum Framework (Attachment A), which establishes curriculum requirements for the courses that students take for one marking period during each year in middle school and for the 0.5 credit course that is a high school graduation requirement. 

Prompted by the Montgomery County Board of Education’s action in May 2013, MCPS has undertaken a thorough review of its Secondary CHE curriculum during the past year.  As explained in detail in the May 13, 2014, memorandum to the Board of Education (Board), staff members have solicited feedback on the development of the Secondary CHE Curriculum Framework from stakeholders including health educators, MCPS leadership, MCPS students, community members, the Curriculum Advisory Assembly, and the Curriculum Advisory Committee.  In addition to the extensive input in development, an opportunity for public comment was presented by the Board from May 13 to June 13, 2014.

Public Comments:  Secondary Comprehensive Health Education Curriculum Framework

When providing feedback in the public comment period from May 13 to June 13, 2014, Montgomery County residents, parents, teachers, and students focused primarily on Family Life and Human Sexuality and Disease Prevention and Control standards.  Sixty-one comments were provided during the public comment period.  A summary of these comments and responses are detailed in Attachment B, Montgomery County Public Schools Secondary Comprehensive Health Education Curriculum Framework Recommendations or Considerations.

Generally, the comments reflect support for the 2014 Secondary CHE Curriculum Framework.  Many respondents, including several organizations, expressed the belief that the descripting of the sexual orientation lessons would enhance instruction and decrease bullying. There were fifteen comments that expressed disagreement with the proposed changes to the sexual orientation lessons. 

There also were comments and suggestions about other topics such as bullying, nutrition, substance abuse, and mental health. Some of the comments addressed Grade 6 and suggested adding additional indicators and objectives.

Upon considering all comments received, staff members recommend some adjustments to the framework.  First, it is recommended that indicators about the benefits of a drug-free life style move to Grade 6 from Grade 7.  Staff agrees that this topic area should be addressed every year in middle school.  As noted by a number of respondents, students need support in understanding and analyzing what influences effect decisions about remaining drug free. Therefore, an additional objective is being recommended in Grade 6 on analyzing influences on remaining drug free.  Second, in Grade 6, in the Safety and Injury Prevention unit, it is recommended that an additional indicator be included on school safety procedures during emergency situations.  Third, it is recommended that three additional objectives be added to the high school unit on Family Life and Human Sexuality pertaining to healthy and unhealthy relationships, including accessing information and resources regarding dating violence. The updated Secondary CHE Curriculum Framework reflects changes based on public comments highlighted in red and bold.

Next Steps

Final approval of the Secondary CHE Curriculum Framework lays the foundation for further development of curriculum, instruction, assessment, and professional development resources for teachers.  Staff members in the Office of Curriculum and Instructional Programs will collaborate with school-based staff members to develop resources that align with the framework, support student engagement, promote critical thinking, and make meaningful connections among disciplines. Through the implementation of the framework, students will develop an understanding of complex content and apply health literacy skills in their lives.

Teachers will receive professional development this summer on the updated framework.  In the 2014–2015 school year, MCPS will implement the shift away from scripted lessons on sexual orientation and proper use of a condom.  In the 2015–2016 school year, updated courses in Grades 6, 7, and 8 will be implemented.  The implementation of the updated high school course will begin in the 2016–2017 school year.  Each school will continue to provide parents with the opportunity to review the Family Life and Human Sexuality and Disease Prevention and Control curriculum and resources, and parents will be permitted to decide whether their children will participate in these units.

In addition, following adoption of the framework, MCPS will review and update Regulation IGP-RA, Implementation of Programs on Family Life and Human Development, for consistency with the framework.

The following resolution is recommended for your consideration:

WHEREAS, On February 13, 2001, the Montgomery County Board of Education approved a curriculum policy that guides the development, implementation, and monitoring of curricula throughout the school system; and

WHEREAS, A draft curriculum framework was developed for secondary health education; and
 

WHEREAS, The draft curriculum framework was shared with stakeholders and additional feedback was received during a public comment period from May 13 to June 13, 2014; and
 

WHEREAS, Feedback and input from stakeholders and public comments have been used to develop and refine the Secondary Comprehensive Health Education Curriculum Framework; now therefore be it

Resolved, That the Montgomery County Board of Education grants final approval of the Montgomery County Public Schools Secondary Comprehensive Health Education Curriculum Framework, which combines National Health Education Standards skills and Montgomery County Public Schools content standards as the foundation for the development of the Secondary Health Education Curriculum. 

WHEREAS, The Board of Education of Montgomery County is authorized by the Education Article and State Government Article of the Annotated Code of Maryland to conduct certain meetings or portions of its meetings in closed sessions; now therefore be it

Resolved, That the Board of Education of Montgomery County conduct a closed session on June 30, 2014, from 5:30 to approximately 6:00 p.m. in Room 120 of the Carver Educational Services Center, 850 Hungerford Drive, Rockville, Maryland; and be it further

Resolved, That the Board of Education anticipates that the closed session will include a discussion of personnel matters, as permitted under Section 10-508(a)(1) of the State Government Article and Section 4-107(d) of the Education Article; the review and adjudication of appeals in its quasi-judicial capacity; consultation with counsel to obtain legal advice on those appeals, as permitted under Section 10-508(a)(7) of the State Government Article; a discussion of matters constituting an administrative function outside the purview of the Open Meetings Act (Section 10-502(b) of the State Government Article); and the Board will publish more detailed Resolutions for Closed Session when particular topics for discussion are identified; and be it further

Resolved, That this meeting shall continue in closed session until the completion of business.

On June 3, 2014, the Board of Education voted unanimously among those present to conduct a closed session, as permitted under the Education Article Section 4-107(d) and State Government Article Section 10-508(a), et seq., of the Annotated Code of Maryland. 

The Board of Education of Montgomery County met in closed session on June 3, 2014, from 8:33 to 9:28 a.m. in Room 120 of the Carver Educational Services Center, 850 Hungerford Drive, Rockville, Maryland, and:

1. Received  legal  advice  and  considered  the  following  Decisions  and  Orders involving student transfers: T-2014-4 and T-2014-6, as permitted under Section 10-508(a)(7) of the State Government Article and in its quasi-judicial capacity outside the purview of the Open Meetings Act.
2. Received legal advice and considered the following appeals involving student transfers and Highly Gifted Center program: T-2014-5, T-2014-7, T-2014-9, T-2014-12, T-2014-14, T-2014-16, T-2014-17, T-2014-18, T-2014-19, T-2014-20, and 2013-21, as permitted under Section 10-508(a)(7)  of  the  State  Government  Article  and  in  its  quasi-judicial capacity outside the purview of the Open Meetings Act.
3. The Board of Education received a briefing by the superintendent of schools on new assignments for the current deputy superintendent for Teaching, Learning, and Programs, as deputy superintendent for School Support and Improvement; the current executive director, Office of School Support and Improvement, as executive director, Office of the Superintendent of Schools; and appointments as chief academic officer; director of School Support and Improvement of Middle Schools, Office of School Support and Improvement; director of School Support and Improvement of High Schools, Office of School Support and Improvement; supervisor, Division of Early Childhood Programs and Services; principal, John Poole Middle School; principal, Watkins Mill Elementary School; principal, Glen Haven Elementary School; principal, Stonegate Elementary School; principal, Greencastle Elementary School; and principal Diamond Elementary School, with a subsequent vote in open session, which is an administrative function outside the purview of the Open Meetings Act and, to the extent any individual employee was discussed, as permitted under Section 10-508(a)(1) of the State Government Article.

In attendance at the 8:33 a.m. closed session were Chris Barclay, Shirley Brandman, Judy Docca, Mike Durso, Phil Kauffman, Justin Kim, Patricia O’Neill, Rebecca Smondrowski, Ikhide Roland Ikheloa, Suzann King, Glenda Rose, and Patrick Clancy.  At 9:13 a.m., Mr. Clancy left the meeting and the following staff joined the meeting: Larry Bowers, Joshua Civin, Beth Schiavino-Narvaez, Joshua Starr, Kimberly Statham, Dana Tofig, and Andrew Zuckerman.

WHEREAS, The Board of Education has met in closed session and deliberated on appeals brought before its members acting in its quasi-judicial capacity under Section 10-508(a) of the State Government Article of the Annotated Code of Maryland; now therefore be it

Resolved, That the Board of Education hereby decides the following appeals reflective of the Board members’ votes in closed session, the dispositions of which will be recorded in the minutes of today’s meeting:

         Appeal Number                                                  Type              

          DCC-2014-22                                        Student Placement

          T-2014-23                                              Student Transfer

          T-2014-26                                              Student Transfer

          DCC-2014-28                                        Student Placement

          2014-7                                                    Complaint from the Public

WHEREAS, On February 29, 1984, the Ethics Panel was established by the Board of

Education; and

WHEREAS, The members of the Ethics Panel are appointed by the Board of Education;

and

WHEREAS, The Board expanded the panel on June 10, 2003, from three to five members; and

WHEREAS, One vacancy will soon exist on the five-member panel; now therefore be it

Resolved, That the following individual be appointed to serve a three-year term on the

Ethics Panel effective July 1, 2014, and ending June 30, 2017.

Peter F. Rose

WHEREAS, On January 13, 2004, the Montgomery County Collaboration Board for Career and Technology Education was instituted by the Board of Education; and

WHEREAS, On January 20, 2004, Montgomery County Collaboration Board for Career and Technology Education was instituted by the Montgomery College Board of Trustees; and

WHEREAS, The Montgomery County Collaboration Board for Career and Technology Education comprises a president, the nominees of the 11 Career Cluster Advisory Boards jointly appointed by Montgomery College and Montgomery County Public Schools, 1 staff member nominated by the president of Montgomery College, and 1 staff  member nominated by the superintendent of schools; and

WHEREAS, The nominees of the Career Cluster Advisory Boards are its presidents, diverse in gender and ethnicity as a group, all representing business/governmental agencies; and

WHEREAS, The membership of the Montgomery County Collaboration Board for Career and Technology Education, pursuant to the January 2004 resolutions that were revised and adopted in December 2006, is appointed jointly by the Board of Education and the Board of Trustees of Montgomery College; and

WHEREAS, During the 2013–2014 school year, the Montgomery County Collaboration Board for Career and Technology Education underwent a revitalization that resulted in three full board meetings that included Program Advisory Committee presidents sharing—

• the vision for their advisory groups and the creation of measurable goals;
• budget and grant requests that focused on enrollment, program completion, and nontraditional enrollment; and
• reports on yearly progress/goals/challenges/best practices; and

WHEREAS, During the 2013–2014 school year, the Montgomery County Collaboration Board for Career and Technology Education created an executive committee to collaboratively direct and lead its operation.  This committee included leaders from the business community, Montgomery County Public Schools, Montgomery College, and The Universities at Shady Grove.  The executive committee has been assigned with all of the responsibilities once held by the overarching president; and

WHEREAS, During the 2014–2015 school year, plans are being made to develop a collaborative presentation that will be provided to the Montgomery County Board of Education for Career and Technology Education and the Montgomery College Board of Trustees with the purpose of sharing the Montgomery County Collaboration Board for Career and Technology Education goals, visions, and best practices; now therefore be it

Resolved, That the following individuals be appointed, to the Montgomery County Collaboration Board for Career and Technology Education, subject to the concurrence of the Montgomery College Board of Trustees, to serve a one-year term effective July 1, 2014, and ending June 30, 2015:

This report details expenditures for legal fees for outside counsel for Fiscal Year 2014 through the month of March 2014.  A complete set of bills submitted and paid to each firm is available for your review in the Office of the Chief Operating Officer. The charts in Attachment A compare current expenses with those from the same period last year and provide information by month on the following:

• Non-special education legal expenses by firm
• Special education expenses for outside counsel, parent attorney fees, and other miscellaneous charges
• Special education expenses by firm

Attachment B is a list of the categories that reflect the type of legal advice and litigation services being provided to Montgomery County Public Schools by outside law firms for non-special education matters.  The categories in Attachment B are defined as follows:

• Personnel: Equal Employment Opportunity complaints, appeals by personnel
• Facilities:  construction, capital projects, use of facilities
• Procurement:  contracts, bids
• Student:  appeals
• Policy:  development, implementation, interpretation (includes regulations), subpoenas
• Financial:  expenditures, state aid
• Collective bargaining: negotiations, arbitration hearings, grievances
• Miscellaneous:  many categories grouped together under one charge

Non-special Education Legal Expenses

The total charges for non-special education legal expenses in March 2014 were $72,003. The year-to-date total of $730,153 is $311,529 (29.9 percent) less than the same period in the previous year. 

The Carney Kelehan bill for March 2014 totaled $59,363. The largest amount was for policy matters ($23,713), the largest part of which related to requests for student records ($8,043).  The next largest amount was for student matters ($15,289), the largest part of which related to a student appeal case ($10,716).   The amount for personnel matters totaled $14,396, the largest part of which related to an equal employment opportunity case ($8,571).  The next largest amount was for procurement matters ($2,665), all of which related to a procurement contracting case.  The amount for financial matters totaled $1,606, the largest part of which related to Rock Terrace School investigation matters ($1,132).  Facilities matters totaled $365 (charged to the capital budget), and miscellaneous matters totaled $1,329.

The Venable bill for March 2014 totaled $5,096, all of which was for facilities matters (charged to the capital budget) that was related to Rock Creek Hills School site matters.

The Clancy bill for March 2014 totaled $3,413.  The largest amount was for student matters ($1,988), the largest part of which related to student appeals ($1,388).  The amount for policy matters totaled $1,425, the largest part of which related to general legal advice ($1,050).

Charges in March 2014 for court reporters, hearing officers, and other legal services totaled $4,131.

Special Education Legal Expenses

Special education legal fees for outside counsel for March 2014 totaled $4,293.  The year-to-date total of $192,214 is $57,956 (23.2 percent) less than the same period in the previous year.  In addition, total year-to-date special education legal costs of $192,214 are $168,641 (46.7 percent) less than the budgeted amount of $360,855 for this time period. 

The Jeffrey A. Krew bill for March 2014 totaled $1,847, all of which related to special education miscellaneous matters.

The Carney Kelehan bill for March 2014 totaled $2,446, the largest part of which related to an Office of Civil Rights complaint ($1,533).

Attached is the Construction Progress Report for the period ending May 31, 2014.