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 August 21, 2014, in Room 120 of the Carver Educational Services Center,
850 Hungerford Drive, Rockville,  Maryland,  from  8:30 a.m. to approximately 11:00 a.m. and 1:10 p.m. to approximately 2:10 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 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 of Education discuss appointments to the Maryland Association of Boards of Education committees, 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 Board receive legal advice concerning the opinion of the Open Meetings Compliance Board and related matters as permitted under Section 10-508(a)(7) of the State Government Article; and be it further

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

JPS: jlc

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.

The Maryland State Department of Education has finalized new regulations regarding student discipline in schools that must be implemented by the beginning of the 2014–2015 school year.  As a result, the Board of Education (Board) Policy Management Committee, in consultation with staff members, has been reviewing various policies related to discipline.

The Board Policy Management Committee reviewed Policy JGA, Student Discipline, on
May 20, 2014, and July 22, 2014, and revised policy language to align with the new state regulations and to affirm its commitment to a disciplined learning environment that is safe, positive, and respectful; increases student engagement; boosts student achievement; and, when possible, prevents student misbehavior before it occurs. Revisions to Policy JGA also align with guidelines recently released by the U.S. Departments of Education and Justice regarding school discipline. 

Committee discussion and policy edits focused on the following issues and their implications for student discipline: the increased use of restorative, rather than punitive, practices; the development of a Montgomery County Public Schools (MCPS) code of conduct that sets forth a framework for student discipline; student conduct off school grounds; age appropriate discipline; in-school suspension or detention; classroom teachers and other school staff as integral partners in promoting student achievement; and outside factors that may impact student conduct within school. Additionally, the policy states that the superintendent of schools will monitor discipline-related data to evaluate interventions and programs and develop steps to address any disparate and disproportional impact of discipline practices.

Additionally, staff, in alignment with the new state regulations and federal guidance, is in the process of revising regulations and protocols related to student discipline and has produced an MCPS Code of Conduct booklet. The document is a user friendly guide for schools, students, and families that will be distributed during the first week of school. The MCPS Code of Conduct is available on the MCPS website, and it will replace certain portions of the MCPS Guide to Students’ Rights and Responsibilities. For informational purposes, staff will provide a brief presentation to the Board on the process utilized to develop the MCPS Code of Conduct. The presentation will also include an overview of the substance of the MCPS Code of Conduct, as well as plans to support schools, monitor its implementation throughout the 2014-2015 school year, and gather feedback from a wide array of stakeholders to identify any necessary revisions for subsequent school years.

The following resolution is provided for your consideration:

WHEREAS, Policy JGA, Student Discipline, has been updated to align with new state regulations and affirm the Board of Education’s commitment to a disciplined learning environment that is safe, positive, and respectful; increases student engagement; boosts student achievement; and, when possible, prevents student misbehavior before it occurs; and

WHEREAS, The Policy Management Committee has considered and recommended revisions to Policy JGA, Student Discipline; and

WHEREAS, The Board of Education has received the Policy Management Committee’s recommendations; now therefore be it

Resolved, That the Board of Education take tentative action on Policy JGA, Student Discipline; and be it further

Resolved, That Policy JGA, Student Discipline, be sent out for public comment.

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

WHEREAS, Funds have been budgeted for the purchase and financing of refrigerated cargo trucks awarded through Bid No. 7104.6 at the June 30, 2014, Board of Education meeting in the amount of $261,790; and

WHEREAS, The acquisition of refrigerated cargo trucks through financing agreements under the Master Lease Purchase Agreement has been reviewed by legal counsel; now therefore be it

Resolved, That refrigerated cargo trucks in the amount of $261,790 be purchased and financed for a five-year term under the Master Lease Purchase Agreement with Banc of America Public Capital Corporation; and be it further

Resolved, That the proceeds from the aforementioned financing be used to reimburse Montgomery County Public Schools accounts to the extent that such trucks have been or will be acquired before closing; and be it further

Resolved, That the president of the Board of Education and the superintendent of schools be authorized to execute the documents necessary for these transactions; and be it further

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

This is the contract for the purchase of aftermarket automotive parts for the Department of Transportation fleet maintenance and various depots.  It is recommended that the Board of Education approves this contract for one year through August 25, 2015. The contract also allows for three one-year extensions.

WHEREAS, Funds have been budgeted for the purchase of aftermarket automotive parts through Bid No. 7094.5, Aftermarket Automotive Parts; now therefore be it

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

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

The first part of the annual contract for the purchase of cafeteria disposable supplies used in schools was approved at the July 15, 2014, business meeting.  This request represents the remaining cafeteria disposable supplies.  It is recommended that the Board of Education approves this contract for one year through July 31, 2015.  The contract also allows for three one-year extensions.

WHEREAS, Funds have been budgeted for the purchase of cafeteria disposable supplies through Bid No. 7133.10; now therefore be it

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

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

WHEREAS, It is necessary to appoint an architectural firm to provide professional and technical services during the design and construction phases for the Bethesda-Chevy Chase High School addition project; and

WHEREAS, The preliminary construction cost estimate for this work is approximately $26,739,000 and

WHEREAS, Funds for architectural planning were programmed as part of the Fiscal Year 2015 Capital Budget; and

WHEREAS, An Architect Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified Smolen Emr Ilkovitch Architects, Inc. as the most qualified firm to provide the necessary professional architectural and engineering services; and

WHEREAS, Staff in the Montgomery County Public Schools Department of Facilities Management has negotiated a fee for the necessary architectural and engineering services; now therefore be it

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the architectural firm of Smolen Emr Ilkovitch Architects, Inc. to provide professional architectural and engineering services for the Bethesda-Chevy Chase High School addition project for a fee of $1,500,000.

WHEREAS, It is necessary to appoint an architectural firm to provide professional and technical services during the design and construction phases for the Diamond Elementary School addition project; and

WHEREAS, The preliminary construction cost estimate for this work is approximately $7,654,000 and

WHEREAS, Funds for architectural planning were programmed as part of the Fiscal Year 2015 Capital Budget; and

WHEREAS, An Architect Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified Walton, Madden, Cooper, Robinson, Poness, Inc. as the most qualified firm to provide the necessary professional architectural and engineering services; and

WHEREAS, Staff in the Department of Facilities Management has negotiated a fee for the necessary architectural and engineering services; now therefore be it

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the architectural firm of Walton, Madden, Cooper, Robinson, Poness, Inc. to provide professional architectural and engineering services for the Diamond Elementary School addition project for a fee of $545,000.

WHEREAS, It is necessary to appoint an architectural firm to provide professional and technical services during the design and construction phases for the Richard Montgomery Elementary School #5 (Hungerford Park) project; and

WHEREAS, The preliminary construction cost estimate for this work is approximately $24,250,000; and

WHEREAS, Funds for architectural planning were programmed as part of the Fiscal Year 2015 Capital Budget; and

WHEREAS, An Architect Selection Committee, in accordance with procedures adopted by the Board of Education on April 20, 2006, identified Walton, Madden, Cooper, Robinson, Poness, Inc. as the most qualified firm to provide the necessary professional architectural and engineering services; and

WHEREAS, Staff in the Department of Facilities Management has negotiated a fee for the necessary architectural and engineering services; now therefore be it

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the architectural firm of Walton, Madden, Cooper, Robinson, Poness, Inc. to provide professional architectural and engineering services for the Richard Montgomery Elementary School #5 (Hungerford Park) project for a fee of $1,640,000.

WHEREAS, It is necessary to appoint engineering firms to provide environmental consulting services for site and building inspections and preparation of Phase I and Phase II environmental studies on various construction projects on an as-needed basis; 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 engineering environmental studies services:

and

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

Resolved, That the Montgomery County Board of Education extends the contractual agreements with the above-named firms to provide professional engineering environmental consulting services, as requirements arise, for a fee not to exceed $50,000 for an individual project.

WHEREAS, The sealed bids were received and a unit price contract was awarded to DuBois Construction, Inc. for the restroom renovation projects and Americans with Disabilities Act  upgrades at various facilities on April 11, 2011, and extended on May 8, 2012, and August 21, 2013; and

WHEREAS, There are additional restroom renovation projects and Americans with Disabilities Act upgrade projects scheduled in the Restroom Renovations Project and Americans with Disabilities Act compliance program in the approved Fiscal Year 2015 Capital Improvements Program; and

WHEREAS, The current unit prices for restroom renovation projects and Americans with Disabilities Act upgrades are within the staff estimates; and

WHEREAS, DuBois Construction, Inc. has agreed to an extension of the contract for an additional year; and

WHEREAS, DuBois Construction, Inc. is a Maryland Department of Transportation-certified Minority Business Enterprise firm; and

WHEREAS, DuBois Construction, Inc. has completed similar work successfully for Montgomery County Public Schools; now therefore be it

Resolved, That the Montgomery County Board of Education extends the current contract with DuBois Construction, Inc. for a period of one year for restroom renovation projects and Americans with Disabilities Act upgrades, as needs arise, for a total cost not to exceed $2,000,000.

WHEREAS, The sealed bids were received and a unit price contract was awarded to Weyer’s Floor Service, Inc. for the installation of a gymnasium wood flooring system at various facilities on
April 17, 2012, and extended on August 21, 2013; and

WHEREAS, There are additional gymnasium wood flooring projects scheduled in the Planned Life-cycle Asset Replacement Program in the approved Fiscal Year 2015 Capital Improvements Program; and

WHEREAS, The current unit prices for the installation of gymnasium wood flooring systems are within the staff estimate; and

WHEREAS, Weyer’s Floor Service, Inc. has agreed to an extension of the contract for an additional year; and

WHEREAS, Weyer’s Floor Service, Inc. has completed similar work successfully for Montgomery County Public Schools; now therefore be it

Resolved, That the Montgomery County Board of Education extends the current contract with Weyer’s Floor Service, Inc. for a period of one year for the installation of gymnasium wood flooring systems at various facilities, as needs arise, for a total cost not to exceed $750,000.

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 September 9, 2014, from 9:00 a.m. to approximately 10:00 a.m. and from 12:00 p.m. to approximately 1:00 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 July 28, 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 July 28, 2014, from 4:33 p.m. to 6:05 p.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 and student discipline: T-2014-27, T-2014-28, T-2014-47, 2014-8 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,  student placements, admission to a magnet program, and a personnel matter:  NEC-2014-37, T-2014-49, T-2014-52, T-2014-53, T-2014-54, DCC-2014-55, T-2014-56, T-2014-57, 2014-14, and 2014-29, 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. Received a review by the superintendent of schools regarding the Equal Opportunity Report and Sexual Harassment Quarterly Report, which are administrative functions and outside the purview of the Open Meetings Act.
4. Received a briefing by the superintendent of schools on the appointment of a coordinator, special initiatives, Office of Curriculum and Instructional Programs, 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.
5. Received legal advice and consulted with staff concerning litigation relating to an unsuccessful bid, as permitted under Section 10-508(a)(7) and Section 10-508(a)(8) of the State Government Article.
6. Received legal advice concerning 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. 

In attendance at the 4:33 p.m. closed session were Christopher Barclay, Shirley Brandman, Judith Docca, Michael Durso, Dahlia Huh, Philip Kauffman, Patricia O’Neill, Rebecca Smondrowski, Suzann King, Rebecca Gibson, and Patrick Clancy.  At 5:01 p.m., Mr. Clancy left the meeting and the following staff joined the meeting: Larry Bowers, Joshua Civin, Maria Navarro, Kimberly Statham, Joshua Starr, Karalee Turner-Little, Andrew Zuckerman, James Song, Dana Tofig and Brian Edwards.

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-2014-58                                        Placement

          T-2014-59                                             Transfer

          T-2014-61                                             Transfer

          T-2014-62                                             Transfer

          T-2014-63                                             Transfer

          T-2014-64                                             Transfer

          T-2014-65                                             Transfer

          T-2014-66                                             Transfer

          T-2014-67                                             Transfer

          2013-21                                                Highly Gifted Center

          2014-9                                                  Magnet Program    

          2014-10                                                Magnet Program

          2014-12                                                Magnet Program

          2014-13                                                Magnet Program

          2014-15                                                Student Discipline

          2014-16                                                Early Entrance into Kindergarten

          2014-18                                                Early Entrance into Kindergarten

          2014-19                                                Early Entrance into Kindergarten

          2014-20                                                Early Entrance into Kindergarten

          2014-21                                                Early Entrance into Kindergarten

          2014-22                                                Student Discipline

          2014-23                                                Early Entrance into Kindergarten

          2014-24                                                Early Entrance into Kindergarten

          2014-25                                                Early Entrance into Kindergarten

          2014-26                                                Student Discipline

          2014-27                                                Early Entrance into Kindergarten

          2014-28                                                Personnel

          2014-30                                                Promotion/Retention

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

This report details expenditures for outside counsel legal fees for Fiscal Year 2014 through the month of May 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 May 2014 were $77,320. The year-to-date total of $925,589 is $316,223 (25.5 percent) less than the same period in the previous year. 

The Carney Kelehan bill for May 2014 totaled $38,646. The largest amount was for policy matters ($16,279), the largest part of which related to requests for student records ($3,869).  The next largest amount for facilities matters (charged to the capital budget) totaled $13,103, the largest part of which was related to the William H. Farquhar Middle School property ($7,081). The amount for personnel matters totaled $5,247, the largest part of which related to an equal employment opportunity case ($3,927).  The next largest amount was for student matters ($2,884), the largest part of which related to a student appeal case ($912).  The amount for procurement matters totaled $219, and miscellaneous matters totaled $914.

The Venable bill for May 2014 totaled $28,888. The largest amount was for financial matters ($15,556), all of which was related to the review of expense reimbursements.  The next largest amount for facilities matters (charged to the capital budget) totaled $9,111, all of which was related to Rock Creek Hills school site matters.  Collective bargaining matters totaled $4,221, all of which related to labor relations matters.

The Hogan Lovells bill for May 2014 totaled $5,559, all of which related to policy development matters. 

The Clancy bill for May 2014 totaled $2,850.  The largest amount was for student matters ($2,475), the largest part of which related to student appeals ($1,838).  The remaining amount was for general legal advice ($375).

The DLA Piper bill for May 2014 totaled $1,377, all of which related to financial matters concerning Rock Terrace School. 

Special Education Legal Expenses

Special education legal fees for outside counsel for May 2014 totaled $17,992.  The year-to-date total of $213,252 is $94,891 (30.8 percent) less than the same period in the previous year.  In addition, total year-to-date special education legal costs of $213,252 are $237,198 (52.7 percent) less than the budgeted amount of $450,450 for this time period. 

The Jeffrey A. Krew bill for May 2014 totaled $15,510, all of which related to three administrative hearing cases.

The Carney Kelehan bill for May 2014 totaled $2,482, all of which related to one administrative hearing case and one Office of Civil Rights complaint.  

For the 12 months of Fiscal Year (FY) 2014 through June 30, 2014, 17.2 percent of the Division of Construction and Procurement Unit contracts were awarded to Minority-, Female-, or Disabled-owned (MFD) businesses.  The total amount of the awards to MFD businesses was $51,389,941.  The total value of all capital and operating awards for this period of FY 2014 was $299,041,240.

Both the Division of Construction and the Procurement Unit continue to advertise on  eMaryland Marketplace to increase the number of MFD vendor opportunities and participate in the Maryland/Washington Minority Companies Association Annual Showcase Expo.  The Procurement Unit participated in the GovConNet Procurement Conference.  The Division of Construction participated in the 2014 Blue Book Networking Showcase outreach event.  The Procurement Unit continues to work with the Montgomery County Department of Economic Development and members of the Montgomery County Interagency Procurement Coordinating Committee to meet and help vendors navigate the procurement process.

The Procurement Unit has continued to focus on increasing MFD business participation in the award of contracts for goods and services as part of the strategic plan.  Procedures that have been implemented to increase MFD participation include:

·    Mailing or transmitting electronically formal bids to all MFD firms that have indicated an interest in receiving them.

• Soliciting both minority and non-minority businesses to submit quotations for purchases under $25,000.
• Providing technical assistance to MFD vendors.
• Consulting regularly with minority organizations and advertising in minority publications.

The following steps were implemented to expand outreach and improve procurement opportunities for MFD vendors:

• The Procurement Unit webpage continues to provide information on how to do business with Montgomery County Public Schools.  It includes an electronic online vendor application, event calendar, link to eMaryland Marketplace, and monthly vendor seminar registration information.
• Regular meetings are scheduled with vendors to discuss solicitation, bid, and product processes and concerns.
• Solicitations are sent to community-based associations requesting that the documents be shared with their membership.

The following tables provide aggregate MFD contract award information for both the Division of Construction and the Procurement Unit.

The following table provides year-to-date information on MFD participation in procurement contracts awarded by the Division of Construction.  The amount of FY 2014 contract participation of $35,820,819 reflects both Maryland Department of Transportation (MDOT) and non-MDOT minority firms.

The next report will be submitted to the Board of Education on November 11, 2014.   It will include all bids, quotes, and request for proposals in excess of $25,000 awarded during the period of July 1, 2014, through September 30, 2014.