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 October 14, 2014, in Room 120 of the Carver Educational Services Center,
850 Hungerford Drive, Rockville, Maryland,  from  9:00 a.m. to approximately 10:00 a.m.; and 12:35 p.m. to approximately 1:35 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 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 superintendent of schools brief the Board on capital and/ or operating budget strategy, which is an administrative function outside the purview of the Open Meetings Act; and be it further

 

Resolved, That the Board receive legal advice and consult 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; and be it further

 

Resolved, That the Board receive legal advice concerning the transportation of private school students 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, During the past century, efforts to establish a Native American Heritage Day have led to the celebration of an American Indian and Alaska Native Heritage Month; and

 

WHEREAS, Early advocates for an official day of recognition eagerly urged organizations, states, and the United States Government to officially designate a day to celebrate the traditions, cultures, histories, and contributions of  American Indian people; and

 

WHEREAS, One advocate, the Reverend Red Fox James, thought to be a member of the Blackfeet Nation, rode by horseback from state to state and obtained the support of 24 state governments, which he presented to the White House in 1915; and

 

WHEREAS, While no official national day was declared following James’ efforts, in 1916 the Governor of New York declared the second Saturday in May as American Indian Day, the first ever official celebration; and

 

WHEREAS, The strength of culture and community come from myriad voices; American Indians serve as doctors, athletes, artists, leaders of nations, leaders of business, active duty soldiers, military veterans, elders, teachers, and government employees; and

 

WHEREAS, The American Indian has strengthened our communities through education and business development, opened the doors to opportunity, and contributed to a brighter future in Montgomery County and our nation; now therefore be it

 

Resolved, That on behalf of the Board of Education, the superintendent of schools, and the staff members, students, and families of Montgomery County Public Schools, hereby declare
November to be observed as “American Indian Heritage Month”; and be it further

 

Resolved, That Friday, November 28, 2014, be observed as “American Indian Heritage Day.”

WHEREAS, The needs of others have long motivated the generosity of the employees of Montgomery County Public Schools, who have contributed to charity campaigns organized in collaboration with the Montgomery County Government; and

 

WHEREAS, This year’s charity campaign, “MCPS Cares,” provides employees the option of contributing to three worthy charities¾the Community Foundation for the National Capital Region in Montgomery County,  the MCPS Union Community Partnership Fund, and the United Way of the National Capital Area; and  

 

WHEREAS, The employee representative organizations¾the Montgomery County Association of Administrators and Principals, the Montgomery County Business and Operations Administrators, the Montgomery County Education Association, and the Service Employees International Union Local 500¾along with Montgomery County Public Schools, have formed a partnership to provide employees with three organizations through which they may direct their charitable contributions; and

 

WHEREAS, Montgomery County Public Schools has updated the “MCPS Cares” website to make it easy for employees to locate information about our charity partners and to donate online; now therefore be it

 

Resolved, That the period of October 20 through November 21, 2014, is hereby designated by the Board of Education of Montgomery County as the period for participation in the Montgomery County Public Schools Charity Campaign; and be it further

 

Resolved, That all employees of Montgomery County Public Schools are encouraged to demonstrate their continuing charity by donating to this campaign as a reflection of their commitment to addressing the needs of those less fortunate.

WHEREAS, The week of October 20 to 24, 2014, has been designated as National School Bus Safety Week; and

 

WHEREAS, The members of the Board of Education and the superintendent of schools implemented a Ride by the Rules campaign to ensure each student has a safe, pleasant, and secure ride to and from school; and

 

WHEREAS, The standards of conduct on the school bus are as important to student achievement as they are in the classroom; and

 

WHEREAS, Each student riding a school bus should have a safe and secure environment that sets a positive tone for the day to foster a high level of learning and success; now therefore be it

 

Resolved, That the Board of Education proclaims the week of October 20 to 24, 2014, as National School Bus Safety Week; and be it further

 

Resolved, That the Board of Education commits its continued support for the Ride by the Rules campaign during National School Bus Safety Week.

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.

 

Montgomery County Public Schools enrollment will reach nearly 154,000 students this school year.  This will represent a one-year increase of approximately 2,700 students and an increase of 16,000 students since 2007.  Most of the 16,000 student increase since 2007 has occurred at the elementary school level where enrollment has increased by more than 13,000 students.  This wave of elementary students is now moving into our secondary schools, which will result in significant increases in enrollment in the next six years. We now have the combined challenge of building more elementary school capacity in order to catch up to past enrollment growth, while addressing increased middle school and high school capacity needs.

 

Today’s update on enrollment and the Capital Improvements Program will provide an overview of demographic trends and the planning issues that result from these trends. This year is an amendment year for my Recommended FY 2016 Capital Budget and Amendments to the FY 2015–2020 Capital Improvements Program.  However, I consider it imperative that we make clear the magnitude of our capital needs, and I will recommend placing as many projects as possible back on the schedule the Board of Education requested last year.  This will enable us to prepare state and local officials to once again push for more state funding and pass legislation to make this goal possible.

 

 

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 off-the-lot new vehicles  awarded through Bid No. 1026144, in the amount of $148,222 and will be financed through the Master Lease/Purchase Agreement; and

 

WHEREAS, The acquisition of off-the-lot new vehicles through financing agreements has been reviewed by legal counsel; now therefore be it

 

Resolved, That off-the-lot new vehicles in the amount of $148,222 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 vehicles 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:         

 

 

1026144	Off-the-Lot New Vehicles
	Awardee
	Lindsay Ford LLC	$ 148,222

 

 

 

12-001	Remanufactured/OEM Compatible Toner Cartridges—Extension
	Awardee
	EIS Office Solutions, Inc.*	$ 500,000
165-97	Food Service Integrated Software—Extension
	Awardee
	Heartland Payment Systems, Inc.	$ 103,879
2008-01	Office Furniture and Equipment—Extension
	Awardee
	Douron, Inc.*	$ 800,000
MBU-508-12	Inspection and Cleaning Kitchen Hoods/Exhaust Systems—Extension**
	Awardee
	Total Kitchen Care LLC	$  80,000
P130167	Architectural and Engineering Services—Extension
	Awardee
	Smolen Emr Ilkovitch Architects, Inc.	$ 65,000
4031.5	Piano Tuning and Maintenance—Extension
	Awardees (See note on page 5)
	Robert L. Birdsong
	Julio Fonseca
	Max Mitler
	Rick Normoyle
	Zan Mcleod
	Total	$ 50,000

 

 

 

4047.7	Flooring Materials—Extension
	Awardees
	B&B Concepts, Inc.*	$ 13,000
	Capitol Building Supply, Inc.	9,600
	Continental Flooring Company	5,500
	Total	$ 28,100
4081.8	Art Equipment—Extension
	AFP Industries, Inc.	$  4,555
	Blick Art Materials LLC	9,766
	Chesapeake Ceramic Supply, Inc.	15,348
	Douron, Inc.*	8,542
	Midwest Shop Supplies, Inc.*	42,448
	Pyramid Paper Company	18,520
	Quill Corporation	1,280
	Sheffield Pottery, Inc.	37,138
	Total	$ 137,597
4097.6	Science Equipment Repair Service
	Awardee
	Associated Microscope, Inc.	$  51,000
4278.1	Professional Development Consultant
	Awardee
	The Critical Thinking Consortium	$ 87,350
4302.1	Apex Learning Digital Curriculum—Extension
	Awardee
	Apex Learning, Inc.	$  31,250
4334.1	Maximo Work Order and Asset Management Software Upgrade—Extension
	Awardee
	Ensoft Consulting, Inc.*	$  80,000

 

 

 

7050.9	Photographic Equipment and Supplies—Extension
	Awardees
	B&H Foto & Electronics Corporation	$   1,904
	Service Photo Supply, Inc.	26,560
	VSA, Inc.	1,213
	W. B. Hunt Company, Inc.	101,083
	Total	$ 130,760
7104.6	Refrigerated Cargo Truck
	Awardee
	K. Neal International Trucks, Inc.*	$ 130,895
7125.3	Transportation Services for Montgomery County Public School Students—Extension
	Awardees (See note on page 5)
	Blue Star Group, Inc.
	Para-Med Medical Transportation, Inc.
	Regency Cab, Inc.
	Sun Taxicab Association LTD
	Total	$ 180,000
8498.1	Compressor/Chiller Replacement
	Awardee
	Daikin Applied Americas, Inc.	$ 140,000
9140.1	Miscellaneous Food Services
	Awardee
	J&J Snack Foods Corporation	$ 45,000
9183.5	Waste Compactor Replacements at Various Locations— Extension**
	Awardee
	Big Stuff, Inc.	$ 40,000
9426.2	Vehicle Oil Changing Services
	Awardee
	WLR Automotive Group, Inc.	$ 60,000
9655.2	On Call Electrical Services at Various Locations—Extension**
	Awardees (See note below)
	Amber Enterprises, Inc.
	Lighting Maintenance, Inc.
	Tex/Am Construction Company, Inc.*
	Total	$   350,000
TOTAL PROCUREMENT CONTRACTS OVER $25,000		$3,239,053

 

 

* 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 Procurement’s files.

On September 24, 2014, the superintendent provided a memorandum to the Board concerning the revitalization/expansion of Wheaton High School and the need to construct the “building shell” of the master-planned addition during the current construction.  Constructing the building shell now—during ongoing construction—will enable classrooms to be built-out when enrollment pressures require additional capacity.  Due to site limitations and the involved crane work, it would be difficult to construct the master-planned addition at a later date.  The capacity of the revitalized/expanded Wheaton High School will be 1,596 students when the facility opens in January 2016.  A future build-out of the master-planned classrooms will enable the school’s capacity to be increased to approximately 2,000 students.

 

New enrollment projections for Downcounty Consortium (DCC) high schools indicate large deficits at several schools—1,350 more than capacities by the 2020–2021 school year.  The large enrollment increase at DCC high schools is the consequence of an increase of 4,600 elementary students since 2007.  During the next six years, this wave of enrollment will enter DCC secondary schools.  Enrollment projections will be finalized and published at the end of October in my recommended amendments to the Fiscal Year (FY) 2015–2020 Capital Improvements Program.  In addition to constructing the master-planned building shell for Wheaton High School, I also will recommend a capacity study for the other four DCC high schools—Montgomery Blair, Albert Einstein, John F. Kennedy, and Northwood high schools—to address the anticipated deficits.

 

Construction of the building shell of the master-planned addition at Wheaton High School may be funded from the current budget for the project and will not require a request for additional funds from the County Council at this time.  The estimated cost of the building shell is approximately $2,018,890.  When the second phase of the project that includes Thomas Edison High School of Technology, along with the Junior Achievement Finance Park, is bid next spring, we will be able to better determine if additional funds will be required to complete the project.  If additional funds are necessary, the shortfall may be incorporated into the FY 2017–2022 Capital Improvements Program.

 

WHEREAS, The revitalization/expansion of Wheaton High School, currently under construction, is scheduled to open in January 2016; and

 

WHEREAS, The master plan for Wheaton High School included second and third floor expansion opportunities; and

 

WHEREAS, The Department of Facilities Management has received the following guaranteed maximum price change order proposal for the master-planned building shell addition for the Wheaton High School revitalization/expansion project in excess of $100,000; and

 

WHEREAS, Staff in the Department of Facilities Management and project architects have reviewed the change order and found it to be acceptable; now therefore be it

 

Resolved, That the Board of Education approves the following guaranteed maximum price change order for the amount indicated:

 

      Project:                             Wheaton High School Revitalization/Expansion

      Description:                      Master-Planned Addition Building Shell

      Construction Manager:     Oak Contracting, LLC

      Amount:                            $2,018,890

WHEREAS, It is necessary to appoint a professional firm to provide civil engineering services related to the installation of artificial turf at Winston Churchill High School; and

 

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

 

WHEREAS, Staff in the Department of Facilities Management has negotiated a fee for the necessary civil engineering services for this project; and

 

WHEREAS, The consultant appointment is contingent upon the Montgomery County Council approval of a Fiscal Year 2015 supplemental appropriation for the artificial turf installation at Winston Churchill High School; now therefore be it

 

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the firm of Nobis Engineering, Inc. to provide professional civil engineering services for a fee of $49,840 contingent upon the Montgomery County Council approval of a Fiscal Year 2015 supplemental appropriation for the artificial turf installation at Winston Churchill High School.

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) 2015 Provision for Future Supported Projects, grant awards totaling $1,169,288 for the following continuing projects:

 

• Individuals with Disabilities Act (IDEA), Part B
• Title I, Support to Focus and Approaching Target Schools
• Alternative Programs
• Judith P. Hoyer Early Child Care Center—Gaithersburg
• Judith P. Hoyer Early Child Care Center—Silver Spring
• World Languages Academies

 

Continuing Projects

 

 

Name of Project	Amount	Positions	Funding Source
Individuals with Disabilities Act (IDEA), Part B	$353,285	None	United States Department of Education (USDE) through Maryland State Department of Education (MSDE)

 

Purpose of the project:  Montgomery County Public Schools (MCPS) has received $30,269,554 from USDE through MSDE for the IDEA, Part B State Passthrough Grant.  This is an increase of $635,336 to the FY 2015 approved budget of $29,634,218.  Of this increase, $353,285 will be used to provide nursing services to students with intensive needs.  In addition, resources in the amount of $282,051 will be shifted from the locally funded budget to the IDEA Part B grants.

 

 

Name of Project	Amount	Positions	Funding Source
Title I, Support to Focus and Approaching Target Schools	$102,750	1.0	USDE through MSDE

 

Purpose of the project: USDE through MSDE has awarded MCPS $102,750 for the
FY 2015 Title I, Support to Focus and Approaching Target Schools grant.  The funds will be used to provide a professional learning coach to build the capacity of general education teachers to support instruction for students with disabilities at Brookhaven and Kemp Mill elementary schools.  The funds will be used to provide a 1.0 Full-time Equivalent (FTE) teacher position, temporary part-time salaries, instructional materials, and employee benefits.

 

 

Name of Project	Amount	Positions	Funding Source
Alternative Programs	$64,000	None	Montgomery County Department of Health and Human Services (DHHS)

 

Purpose of the project: DHHS has awarded MCPS $64,000 to provide services to Alternative Programs students.  As part of the contractual agreement between DHHS and MCPS, the funds will be used to provide social work services to a minimum of 50 middle school-age students enrolled in Alternative Programs.  The services include, but are not limited to, facilitating monthly programs, individual counseling, emergency referrals, facilitation of parent outreach and liaison/advocate services, and monitoring participant attendance.  

 

 

Name of Project	Amount	Positions	Funding Source
Judith P. Hoyer Early Child Care Center—Gaithersburg	$322,000	1.5	MSDE

 

Purpose of the project:  MCPS has received $322,000 from MSDE for the Gaithersburg Judith B. Hoyer Early Child Care Center—Gaithersburg (Judy Center—Gaithersburg).  The Judy Center—Gaithersburg continues to promote school readiness for young children, including children with special needs, within the high-poverty, ethnically diverse, and limited-English speaking populations of Rosemont, Summit Hall, and Washington Grove elementary schools. The Judy Center—Gaithersburg has partnerships linking families with young children to comprehensive services in the community and provides links to comprehensive full-day/full-year early education/child care, including health-related services.  It also offers literacy support for parents, parenting instruction, as well as coordinated linkages with other services that strengthen the home learning environment. In addition, the Judy Center—Gaithersburg sponsors professional development for child care providers.  Grant funds will support the existing 1.0 FTE program manager position and the 0.5 FTE parent community coordinator position.  In addition to staff salaries and related employee benefits, funds will support mentoring services to families, parent involvement opportunities, enrichment programs, instructional materials, and child-care subsidies for working parents.

 

 

 

Name of Project	Amount	Positions	Funding Source
Judith P. Hoyer Early Care Center—Silver Spring	$322,000	1.5	MSDE

 

Purpose of the project:  MCPS has received $322,000 from MSDE to support the Judith B. Hoyer Early Care Center—Silver Spring (Judy Center—Silver Spring).  The Judy Center—Silver Spring continues to promote school readiness for young children, including special needs children, within the high-poverty, ethnically diverse, and limited-English speaking population of Rolling Terrace Elementary School.  Grant funds support activities such as mentoring to families, parent involvement opportunities, and enrichment programs for children birth through five years of age.  Programs are designed to support school readiness and improve student achievement.  Services include referrals for children and families for health care, educational assessment, and early interventions and are designed and planned in coordination with a number of public and private community partners.  The grant will continue to fund the existing 1.0 FTE program manager position and the 0.5 FTE secretary position.  In addition, grant funding will support professional development for staff, substitutes, and employee benefits.

 

 

Name of Project	Amount	Positions	Funding Source
World Languages Academies	$5,253	None	MSDE

 

Purpose of the project:  MCPS has received $5,253 from MSDE for the World Languages Academies grant. This grant provides for stipends for world language teachers to attend one of the World Languages Academies organized by MSDE.

 

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. 17-1112, approved on May 22, 2014; 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 2015 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 $1,169,288 within the Fiscal Year 2015 Provision for Future Supported Projects, specified as follows:

 

 

Project	Positions*	Amount
Individuals with Disabilities Act (IDEA), Part B		$  353,285
Title I, Support to Focus and Approaching Target Schools	1.0	102,750
Alternative Programs		64,000
Judith P. Hoyer Early Child Care Center—Gaithersburg	1.5	322,000
Judith P. Hoyer Early Child Care Center—Silver Spring	1.5	322,000
World Languages Academies	____	5,253
Total	4.0	$ 1,169,288

 

  Positions*

 

1.0	teacher
2.0	program manager
.5	parent community coordinator
.5	secretary

 

and be it further

 

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

Pursuant to Board of Education Policy DAA, Fiscal Responsibility and Control, authorization is requested to effect categorical transfers totaling $407,157 and an object transfer of $106,033 for the first quarter of Fiscal Year (FY) 2015.  Categorical and object transfers are requested for the following projects:

 

• Title III, English Language Acquisition—FY 2013
• Title III, English Language Acquisition—FY 2014
• Our Neighborhood, Our Watershed
• Maryland Early College Innovation Fund
• Infants and Toddlers—2014
• Infants and Toddlers—2015
• Individuals with Disabilities Education Act (IDEA), Passthrough Part B—2014
• Korean Language and Culture Grants

 

The request includes an object transfer for the following project:

 

• Title III, English Language Acquisition—FY 2014

 

Council Resolution 12-889, as reauthorized for FY 2015 by Council Resolution 17-444 (Section 6), provides for automatic approval of transfers between categories for the “noncounty portion of grant programs.”  The resolution states, “The Council will not take action on these transfers so the transfers will be approved automatically after 30 days, as provided by state law.” 

 

Montgomery County Public Schools (MCPS) must report each transfer to the county executive and the County Council.  In addition, as amended by the Board of Education on December 10, 2002, Policy DAA, Fiscal Responsibility and Control, requires the Board of Education to approve operating budget object transfers within the same budget category in excess of $100,000.  The projects that require category and object transfers follow. 

 

 

 

Title III, English Language Acquisition—FY 2013

 

MCPS has received approval of an amendment to the FY 2013 Title III, English Language Acquisition grant that provides instructional and support services to limited English proficient and English language acquisition students.  This amendment requires a transfer of funds between categories.  There is a transfer of $2,498 from Category 3, Instructional Salaries, $25,856 from Category 4, Textbooks and Instructional Supplies, and $2,756 from Category 5, Other Instructional Costs, to Category 12, Fixed Charges, for $31,110.

 

Title III, English Language Acquisition—FY 2014

 

MCPS has received approval of an amendment to the FY 2014 Title III, English Language Acquisition grant that provides instructional and support services to limited English proficient and English language acquisition students.  This amendment requires a transfer of funds between categories.  There is a transfer of $66,801 from Category 4, Textbooks and Instructional Supplies, and $108,693 from Category 12, Fixed Charges, to Category 2, Mid-level Administration, for $703, Category 3, Instructional Salaries, for $102,053, Category 5, Other Instructional Costs, for $70,536, and Category 9, Student Transportation, for $2,202.  The amendment also results in an object transfer.  An amount of $106,033 is transferred from Object 04, Other, to Object 01, Salaries and Wages, for $102,756, and to Object 02, Contractual Services, for $3,277.

 

Our Neighborhood, Our Watershed

 

MCPS has received approval of an amendment from the National Oceanic and Atmospheric Administration Chesapeake Bay Office for the three year grant (FY 2014–2016), Our Neighborhood, Our Watershed (ONOW) project.  The purpose of ONOW is to engage all MCPS Grade 4 students in an authentic outdoor environmental learning experience. Categorical transfers are necessary to align the budget with the approved grant amendment. These changes result in a categorical transfer of $64,400 from Category 5, Other Instructional Costs, to Category 3, Instructional Salaries, for $59,602, and to Category 12, Fixed Charges, for $4,798.

 

Maryland Early College Innovation Fund

 

MCPS has received approval of an amendment from the Maryland State Department of Education (MSDE) for the Maryland Early College Innovation Fund. The purpose of the project is to support the creation and expansion of early college access programs that provide accelerated pathways for students seeking Science, Technology, Engineering, and Mathematics (STEM) disciplines or STEM-related career and technology education programs. Categorical transfers are necessary to align the budget with the approved grant amendment. These changes result in categorical transfers of $15,906 from Category 3, Instructional Salaries, $4,149 from Category 5, Other Instructional Costs, and $1,273 from Category 12, Fixed Charges, to Category 4, Textbooks and Instructional Supplies, for $21,328.

 

 

 

Infants and Toddlers—2014

 

MCPS received $1,023,738 for the FY 2014 Infants and Toddlers Project from MSDE through the Montgomery County Department of Health and Human Services (DHHS).  The focus of this interagency program is enhancement of families’ ability to help their young children                   reach developmental milestones and/or reduce the impact of their children’s disability.  The approved budget requires a categorical transfer of $58,917 from Category 6, Special Education, to       Category 12, Fixed Charges.

 

Infants and Toddlers—2015

 

MCPS received $1,023,738 for the FY 2015 Infants and Toddlers Project from MSDE through DHHS.  The focus of this interagency program is enhancement of families’ ability to help their young children reach developmental milestones and/or reduce the impact of their children’s disability.  The approved budget requires a categorical transfer of $47,838 from Category 6, Special Education, to Category 12, Fixed Charges.

 

Individuals with Disabilities Education Act (IDEA), Passthrough Part B—2014

 

MCPS received $29,634,218 from the United States Department of Education through MSDE for the FY 2014 IDEA, Passthrough Part B grant.  The funds are used to support instruction and provide services for students with disabilities.  The MSDE-approved budget requires a categorical transfer of $7,060 from Category 12, Fixed Charges, to Category 6, Special Education. 

 

Korean Language and Culture Grants

 

The government of the Republic of Korea has awarded $52,280 to MCPS for after-school and summer programs that introduce Korean language and cultural arts to students.  The programs are offered at Wayside, Spark M. Matsunaga, and Clarksburg elementary schools and Rocky Hill Middle School. Funds are used to pay for language instruction, special events, and transportation.                 A categorical transfer is required to move $1,100 from Category 3, Instructional Salaries, to  Category 5, Other Instructional Costs.

 

Recommended Resolution

 

 

WHEREAS, Montgomery County Public Schools must report each transfer between state categories to the county executive and the County Council; and

 

WHEREAS, Categorical and object transfers are required at this time for grant-funded projects; now therefore be it

 

Resolved, That the superintendent of schools be authorized to effect Fiscal Year 2015 categorical transfers of $407,157 in the following categories:
 

 

Title III, English Language Acquisition—FY 2013

 

 

		Category		From		To
3		Instructional Salaries		$           2,498
4		Textbooks and Instructional Supplies		25,856
5		Other Instructional Costs		2,756
12		Fixed Charges		___________		$        31,110
		Total		$         31,110		$        31,110

 

Title III, English Language Acquisition—FY 2014

 

 

		Category		From		To
2		Mid-Level Administration				$             703
3		Instructional Salaries				102,053
4		Textbooks and Instructional Supplies		$          66,801
5		Other Instructional Costs				70,536
9		Student Transportation				2,202
12		Fixed Charges		108,693		__________
		Total		$       175,494		$      175,494

 

Our Neighborhood, Our Watershed

 

 

		Category		From		To
3		Instructional Salaries				$        59,602
5		Other Instructional Costs		$          64,400
12		Fixed Charges		___________		4,798
		Total		$          64,400		$        64,400

 

Maryland Early College Innovation Fund

 

 

		Category		From		To
3		Instructional Salaries		$          15,906
4		Textbooks and Instructional Supplies				$        21,328
5		Other Instructional Costs		4,149
12		Fixed Charges		1,273		__________
		Total		$          21,328		$        21,238

 

Infants and Toddlers—2014

 

 

		Category		From		To
6		Special Education		$          58,917
12		Fixed Charges		___________		$        58,917
		Total		$          58,917		$        58,917

 

 

 

Infants and Toddlers—2015

 

 

		Category		From		To
6		Special Education		$          47,838
12		Fixed Charges		___________		$        47,838
		Total		$          47,838		$         47,838

 

Individuals with Disabilities Education Act (IDEA), Passthrough Part B—2014

 

 

		Category		From		To
6		Special Education				$          7,060
12		Fixed Charges		$            7,060		__________
		Total		$            7,060		$          7,060

 

Korean Language and Culture Grants

 

 

		Category		From		To
3		Instructional Salaries		$            1,100
5		Other Instructional Costs		___________		$          1,100
		Total		$            1,100		$          1,100

 

and be it further

 

Resolved, That the superintendent of schools be authorized to effect a Fiscal Year 2015 object transfer of $106,033 in the following project: 

 

Title III, English Language Acquisition—FY 2014

 

 

		Object		From		To
01		Salaries and Wages				$      102,756
02		Contractual Services				3,277
04		Other		$        106,033		__________
		Total		$        106,033		$      106,033

 

and be it further

 

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

WHEREAS, The Board of Education, by Resolution No. 344-95, authorized the establishment of a trust to be used for the purpose of funding the Montgomery County Public Schools Employees' Retirement and Pension System benefits; and

 

WHEREAS, The Board of Education, by Resolution No. 133-07, authorized the establishment of a trust to be used for the purpose of funding the Montgomery County Public Schools Other Post-Employment Benefits; and

 

WHEREAS, The trustees are a committee comprising the chief operating officer, the chief financial officer, and the controller; and up to, but no more than, six additional members to be appointed by the Board of Education; and

 

WHEREAS, The Board of Education reappointed Mr. Lamont E. Tarbox to the Board of Investment Trustees for the Montgomery County Public Schools Employees’ Retirement and Pension System and Other Post-Employment Benefits Plan Trust for a three-year term ending June 30, 2014; and

 

WHEREAS, Mr. Tarbox has been an active and valued member of the Board of Investment Trustees beginning July 2002; and

 

WHEREAS, Mr. Tarbox has expressed a willingness to continue as a trustee to the Board of Investment Trustees for an additional three-year term; now therefore be it

 

Resolved, That Mr. Lamont E. Tarbox is reappointed as trustee to the Board of Investment Trustees for the Employees’ Retirement and Pension Trust and Other Post-Employment Benefits Trust for a three-year term ending June 30, 2017.

Under the Bridge to Excellence in Public Schools Act of 2002 (BTE), enacted by the Maryland General Assembly in 2002, local education agencies in Maryland are required annually to submit a Comprehensive Master Plan (Master Plan) that links school finance to decisions about school improvement. BTE is a standards-based approach to public school financing designed to be consistent with the federal No Child Left Behind Act of 2001 (NCLB). BTE requires the Maryland State Department of Education (MSDE) to set academic content and student achievement standards, ensure that schools and students have sufficient resources to meet those standards, and hold schools and school systems accountable for the performance of all students and all racial/ethnic and special services groups. By design, the legislation requires school systems to integrate federal, state, and local funding and initiatives into the Master Plan.

 

Background

 

The United States Department of Education approved Maryland’s waiver request for flexibility regarding specific requirements of NCLB in exchange for rigorous and comprehensive state-developed plans designed to improve the educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. The waiver eliminated automatic sanctions associated with the Adequate Yearly Progress formula, such as corrective action, school choice, supplemental educational services, and restructuring. 

 

Specific recognition and support are provided to schools designated as Title I schools, which must overcome additional challenges as a result of their high poverty populations.  Priority Schools (the lowest 5 percent of schools based on Achievement statewide) and Focus Schools (the lowest 10 percent of schools with Gap Reduction indicators statewide) have accountability measures to improve their status, although the district needs to provide certain supports to lower-performing non-Title I schools.  All schools continue to develop school improvement plans that are reviewed by the Office of School Support and Improvement.

 

Content of Submission

 

Part I:  Section A—Executive Summary and State Success Factors

• Introduction
• Finance

 

Section B—Standards and Assessments

• Maryland’s Accountability Plan
  • Priority, Focus, and Reward Schools
  • Annual Measurable Objectives
  • High School Assessments
  • Strands     
• Specific Student Groups in Bridge to Excellence
  • Limited English Proficient
  • Career and Technology Education
  • Early Learning
  • Gifted and Talented Education
  • Education that is Multicultural

 

Section C—Data Systems to Support Instruction (MCPS is not required to address this section.)

 

Section D—Great Teachers and Leaders

• Highly Qualified/Highly Effective Staff
• High Quality Professional Development
• Persistently Dangerous Schools
• Attendance
• Graduation and Dropout Rates

 

Part II: Attachments

• Attachments 4A—6A: School-Level Budget Summary, Consolidation of Elementary and  Secondary Education Act of 1965 (ESEA) Funds for Local Administration, and Non-Public School Information for ESEA
• Attachment 7: Title I, Part A—Improving Basic Programs
• Attachment 8: Title II, Part A—Preparing, Training, and Recruiting High-Quality Teachers and Principals
• Attachment 10: Title III, Part A—English Language Acquisition, Language Enhancement,  and Academic Achievement
• Attachment 12: Title I, Part D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk
• Attachment 13:  Fine Arts
• Victims of Violent Criminal Offenses Report
• Transfer of School Records for Children in State-Supervised Care Annual Certification Statement
• Student Records Review and Update Verification Certification Statement

 

Recommended Resolution

WHEREAS, The Maryland General Assembly enacted Senate Bill 865, Bridge to Excellence in Public Schools Act of 2002, on April 4, 2002, and on May 6, 2002, Governor Parris N. Glendening signed the Act into law; and

 

WHEREAS, The Bridge to Excellence in Public Schools Act of 2002 requires local school systems to submit annual updates of their five-year Comprehensive Master Plan to the Maryland State Department of Education by October 15 of each year, to include prior-year revenues and expenditures with the annual update; and

 

WHEREAS, The Montgomery County Public Schools update on the Bridge to Excellence in Public Schools Act of 2002—Comprehensive Master Plan fulfills all of the required components, including strategies and supporting documentation; and

 

WHEREAS, The United States Department of Education granted Maryland a waiver from some of the strictest requirements of the federal No Child Left Behind Act of 2001; and

 

WHEREAS, The 2014 Comprehensive Master Plan has been adjusted to address the expectations of Maryland's accountability system; now therefore be it

 

Resolved, That the Board of Education approves Part I and Part II of the Montgomery County Public Schools Bridge to Excellence in Public Schools Act of 2002—Comprehensive Master Plan for 2014; and be it further

 

Resolved, That Montgomery County Public Schools staff submits the Comprehensive Master Plan to the Maryland State Department of Education on or before October 15, 2014, as required by the Bridge to Excellence in Public Schools Act of 2002.

Montgomery County Board of Education (Board) Policy GHC, Salaries and Other Benefits of Professional Personnel, provides guidelines for salary schedules, anniversary dates, and rehiring employees returning after having resigned.  

 

Policy GHC was brought up for review as part of the policy review process.  Proposed amendments were developed in consultation with employee associations and align the policy with negotiated agreements and current practice.  Additional non-substantive edits update directory information and references to current law.

 

Members of the Board’s Policy Management Committee discussed draft Policy GHC, Salaries and Other Benefits of Professional Personnel, on May 20, 2014, and July 22, 2014.  A draft of the policy is attached.

 

The following resolution is provided for your consideration:

 

WHEREAS, Policy GHC, Salaries and Other Benefits of Professional Personnel, provides guidelines for publishing salary schedules; assuring placement of administrators and supervisors, business and operations administrators, and teacher-level employees on the salary schedule; rehiring an employee returning after having resigned; and establishing anniversary dates; and

 

WHEREAS, Policy GHC, Salaries and Other Benefits of Professional Personnel, has been updated to address the concerns of the Policy Management Committee; and

 

WHEREAS, The Policy Management Committee has considered and recommended revisions to Policy GHC, Salaries and Other Benefits of Professional Personnel, including renaming the policy Salaries and Other Benefits of Administrators and Supervisors, Business and Operations Administrators, and Teacher-Level Employees in order to more accurately characterize the policy’s provisions; now therefore be it

 

Resolved, That the Montgomery County Board of Education takes tentative action on Policy GHC, Salaries and Other Benefits of Professional Personnel; and be it further

 

Resolved, That Policy GHC, Salaries and Other Benefits of Professional Personnel, be sent out for public comment.

Montgomery County Board of Education (Board) Policy GIH, Funding Other Post-Employment Benefits, sets forth the priorities of the Board regarding funding of post-employment health benefits for eligible retirees, also known as Other Post-Employment Benefits (OPEB).  The Board Policy Management Committee considered non-substantive changes to Policy GIH on February 18, 2014. 

 

As a result of subsequent action on the part of the Montgomery County Council, the Policy Management Committee, in consultation with staff members, revised and reviewed changes to Policy GIH on July 22, 2014.  Proposed amendments to Policy GIH, Funding Other Post-Employment Benefits, align with actions taken by the County Council related to Montgomery County Public Schools’ trust to fund the current retiree OPEB and contributing money to the countywide trust.

 

Members of the Policy Management Committee discussed draft Policy GIH, Funding Other Post-Employment Benefits, on February 18, 2014, and July 22, 2014.  A draft of the policy is attached.

 

The following resolution is provided for your consideration:

 

WHEREAS, Policy GIH, Funding Other Post-Employment Benefits, sets forth the priorities of the Montgomery County Board of Education regarding funding of Other Post-Employment Benefits; and

 

WHEREAS, Policy GIH, Funding Other Post-Employment Benefits, has been updated to address the concerns of the Policy Management Committee; and

 

WHEREAS, The Policy Management Committee has considered and recommended revisions to Policy GIH, Funding Other Post-Employment Benefits; now therefore be it

 

Resolved, That the Montgomery County Board of Education takes tentative action on Policy GIH, Funding Other Post-Employment Benefits; and be it further

 

Resolved, That Policy GIH, Funding Other Post-Employment Benefits, be sent out for public comment.

 

In fewer than 100 years, the nation has shifted from an agricultural, to industrial, to an informational economy. A number of factors—automation, globalization, and corporate changes—are reshaping current and future skill demands.  Critical competencies for workers now include skills and knowledge acquired beyond a high school education, including content knowledge, literacy, and mathematic reasoning; and the ability to apply learning, think critically about information, solve novel problems, collaborate, create new products and processes, and adapt to change (Craig D. Jerald for the Center for Public Education, 2009).  In The Global Achievement Gap, author Tony Wagner issues a strong call to action for educators to develop in their students the skills that matter most for work and learning, and to examine how this effort may be supported by a culture of innovation.

 

A Vision for 21st Century Readiness

 

Montgomery County Public Schools’ (MCPS) vision for 21st century college and career readiness[1] is to increase the number of options a student may have upon graduation.  We will realize our vision by offering equitable access to multiple pathways for success and by supporting students in their chosen pathways.  Success upon high school graduation will be defined as—

• enrolling in credit-bearing college courses with no need for remediation,
• earning a living wage,
• entering the military,
• completing technical school,
• receiving industry training and certification,
• earning an associate’s or bachelor’s degree after graduation, and
• earning college credits or an associate’s degree before graduation.

 

MCPS will increase these opportunities for all students through four key initiatives––the implementation of Career Readiness Skills in all curricular areas, the expansion of project-based and problem-based learning, renewed support for diverse career pathways, and expansion of externships for high school staff members. By continuing to support a strong academic foundation for all students and expanding experiences in the 21st century work environment, many more students will graduate with multiple opportunities for college and careers.

 

Developing Career Readiness Skills—Core Literacy Practices

 

Curriculum 2.0, the powerful MCPS curriculum for all elementary content areas, is organized in three categories––critical thinking, creative thinking, and academic success skills.  These Thinking and Academic Success Skills are designed to provide our youngest learners with a strong foundation in all content areas and help prepare them for a life of learning. Likewise, the Ten Middle School Improvement Framework Characteristics identify the essential skills all students should develop across content areas to assure their success in high school.  At the high school level, MCPS will develop the key 21st century skills of speaking, listening, reading, writing, and thinking as described in the Core Literacy Practices (Attachment A).  

 

The Core Literacy Practices are written as observable behaviors that should be seen in every classroom and curricular experience in high school and are based on the Common Core State Standards and the work of the Organisation for Economic Co-operation and Development (OECD).  Students who have mastered the Core Literacy Practices will have the skills and knowledge they need to meet and exceed the demands of the current and future workplace.  They also will become lifelong learners and effective citizens, and be able to apply their knowledge to real-life situations.  To implement these skills in all classrooms, MCPS will:

• Develop examples of the practices for each content area that include options to utilize technology in teaching and learning.
• Provide professional development for all school instructional leaders on the Core Literacy Practices.
• Provide resources and materials school instructional leaders may use to develop and monitor the practices at their school.
• Utilize the Partnership for Assessment of Readiness for College and Careers assessment and the OECD Test for Schools based on The Programme for International Student Assessment to measure students’ ability to apply knowledge and think critically as compared to students in MCPS high schools, districts in Maryland, other states, and around the world.

 

Expanding Project-based and Problem-based Learning

 

During the last two years, schools and central services teams have been exploring two innovative instructional approaches––project-based learning and problem-based learning––which provide students with authentic career-based experiences.  “Project-based Learning refers to students designing, planning, and carrying out an extended project that produces a publicly exhibited output such as a product, publication, or presentation.”[2]  Problem-based learning tends to be more teacher directed, but also focuses on students developing their mastery of the subject matter by solving a real-life problem.  In both instances, project-based and problem-based, students learn the same material and must reach the same high curriculum standards as in the traditional classroom setting, but they approach topics from a problem solving, inquiry approach.  This difference in approach engages students and provides a better approximation of the 21st century work environment.

 

Wheaton High School has developed a successful approach to Project-based Learning (PBL) during the last two years and best practices are ready to be shared with other schools.  The Science, Technology, and Engineering (STE) team in the Department of Curriculum and Instruction has developed and implemented a well-received problem-based approach to all curriculum at the middle school level.  The STE team is piloting a problem-based approach in a new unit in Biology this year, the first MCPS course with a high stakes graduation assessment to try this approach.  To continue to push innovative curriculum and instruction to more schools, the following steps will be taken to expand PBL:

• Continue the professional development and refinement of PBL at Wheaton High School.
• Identify a recommended pathway and best practices for other high schools to expand project-based learning.
• Document current practices of project-based and problem-based learning across the district.
• Continue the rollout of the problem-based Biology curriculum as a model for expansion of PBL models to other high schools.  Pilot this year with the full rollout next year. 
• Conduct an Office of Shared Accountability study about the effectiveness of the problem-based learning approach in Biology and make recommendations for successful implementation in all units of Biology in the 2015–2016 school year.
• Pilot problem-based and project-based materials and exemplars in the revision of National, State, and Local Government this school year.

 

Career Pathways

 

Career pathways are designed to make learning contextual for students and to provide them with varied opportunities for career exploration and practical experiences.  MCPS offers the following career pathway options––Foundations, Career and Technology Education (CTE), Academies, and Signature Programs. Students enrolled in Foundations and CTE complete courses that provide technical training and lead to industry certifications in areas such as health and wellness, automotive, and hospitality.  Students who participate in either an academy or signature program explore a specific career focus or theme in a smaller learning community such as information technology, engineering, arts and humanities, or science and media.  Nearly 19,000 high school students participate in one of the career pathways.  These pathways conclude with a capstone experience that could be an internship, a college-credit bearing course, research project

 

presentations, or another culminating activity.  In addition, MCPS is working to enhance pathway program options through the new Middle College programs at Northwest and Northwood high schools and the new Homeland Security Program planned for Thomas Edison High School of Technology.

 

While career pathways have been successful, several challenges and areas of growth exist. With multiple career pathway options, MCPS must ensure our programs include the content and skills needed and required for success in the 21st century.  Additionally, through our Baldrige approach to continuous improvement, system processes need to be created and revised to foster the development of new programs, measure the outcomes of existing programs, and/or eliminate programs that are not aligned to district priorities or that are not meeting student needs.  MCPS will address these concerns through the following outcomes:

• Create processes for evaluating career pathway programs in order to yield data on which programs should be revised, expanded, or eliminated based on student need and performance.
• Develop common definitions of career pathway programs and streamline names where applicable.
• Revise guidelines and processes for the development of new programs.

 

Business, Industry, and Higher Education Partnerships

 

Partnerships with business, industry, and higher education are a key strategy to ensure that our students are career and college ready. There are three components to our work with these partners.  First, we will leverage industry expertise to provide feedback on our curriculum and instructional program.  Currently, we receive input and feedback on our CTE curriculum and instruction through groups such as the Student Foundations Office and the Montgomery County Collaboration Board.  In addition, our development of project-based learning was informed by an advisory board at Wheaton High School, which helped to direct and refine our project-based learning initiative.  We will expand these types of advisory opportunities to other content areas including mathematics and science. Second, MCPS will work with industry and higher education partners to redefine capstone experiences, including internships and research projects, to ensure these experiences are based on the latest workforce and higher education demands. 

 

Finally, staff will work with industry partners to expand staff externship experiences.  Industry externships help educators gain a greater understanding of the business world, offer opportunities to enhance their knowledge and skills regarding the application of academic concepts and their relevancy to the workplace, and provide a better understanding of the careers available to Montgomery County’s youth.  MCPS will work with our business partners to enhance and expand staff members’ knowledge and understanding of various careers they may use in student counseling and in curriculum and instruction through externship experiences.   

 

 

MCPS, in collaboration with the Montgomery County Workforce Investment Board, has piloted a new program designed to provide school guidance counselors with firsthand observations at companies that are in the allied health sector.  The program results in educators enhancing their knowledge of private-sector careers, thereby expanding their ability to offer real-world-based guidance to help students explore and make career decisions. In addition, the program creates ongoing opportunities for business partners to directly connect with students in school and community settings. MCPS will grow this program to include counselors, teachers, and administrators.  Business, industry, and higher education partnerships will be enhanced and expanded through the following program outcomes:

• Expand business and industry input and feedback on curriculum and instructional programs.
• Redefine capstone opportunities to ensure these experiences are based on the latest workforce and higher education demands.
• Increase partnerships with companies to offer business-related externships for staff members.
• Enhance participants’ knowledge, skills, and understanding of the business environment to improve their ability to support and guide students in career exploration and decision making.
• Identify strategies for participants to increase relevancy and real-world applications in curriculum and instruction through their workplace experience.

  

Next Steps

 

To move our district to the next level in our approach to career readiness, MCPS must find new ways to innovate and engage our students, staff members, and community in our work to enhance and improve teaching and learning.  This new approach includes the engagement of our business, nonprofit, governmental, and higher education partners to facilitate and leverage external resources to support two-way communication and explicit connections to our improvement efforts.  Staff members in the offices of School Support and Improvement, the Chief Academic Officer, and the Office of the Chief Operating Officer will be working collaboratively to finalize the draft action plan (Attachment B).  The four primary strategies in our career readiness plan are tightly connected and fulfill the vision of our strategic planning framework that include academic excellence, creative problem solving, social emotional learning, and organizational effectiveness. We believe that a focus on developing career readiness skills, expanding problem-based and project-based learning, career pathways, and staff externships are key leverage points to ensuring that all MCPS graduates have the knowledge and skills they need to be successful in their future careers and to serve as productive members of society. 

 

Attachments (See attached pdf)

 

 

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 October 27, 2014, from 5:30 p.m. 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 September 22, 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 September 22, 2014, from 4:30 p.m. to 4:43 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 placements:  T-2014-69, T-2014-72, T-2014-74, DCC-2014-77, and DCC-2014-80, 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 transfers: 
   T-2014-79 and T-2014-81, 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.

 

In attendance at the 4:30 p.m. closed session were Christopher Barclay, Shirley Brandman, Judith Docca, Michael Durso, Dahlia Huh, Philip Kauffman, Patricia O’Neill, Rebecca Smondrowski, Ikhide Roland Ikheloa, Laura Steinberg, Suzann King, Joanne Causey, and Patrick Clancy.

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              

                                                                                                           

            2014-26                                                         Student Discipline

            2014-33                                                         Early Entrance to Kindergarten

            2014-35                                                         Student Discipline

                                                                       

Attached is the Construction Progress Report for the period ending September 30, 2014.

This report details expenditures for outside counsel legal fees for Fiscal Year 2015 through the month of July 2014.  A complete set of bills submitted and paid to each firm is available for your review in the Office of the Superintendent of Schools. 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 July 2014 were $90,409.  This is $17,175 (15.9 percent) lower than the amount for the same period in FY 2014. 

 

The Carney Kelehan bill for July 2014 totaled $56,435.  The largest amount was for facilities matters (charged to the capital budget) that totaled $23,907, the largest part of which was related to a facility usage matter ($17,502).  The next largest amount was for policy matters ($18,222), the largest part of which related to requests for student records ($6,579).  Student matters totaled $9,890, the largest part of which related to a student appeal case ($6,096).  The next largest amount was for financial matters ($1,715), all of which related to garnishment matters.  Personnel matters totaled $1,277, the largest part of which related to an equal employment opportunity case ($475).  The amount for procurement matters totaled $37, and miscellaneous matters totaled $1,387.

 

The Venable bill for July 2014 totaled $26,699. The largest amount was for policy matters ($20,205), the largest part of which related to expense review matters (18,477).  The next largest amount was for facilities matters (charged to the capital budget) that totaled $6,494, all of which related to Bethesda-Chevy Chase Middle School #2—Rock Creek Hills Local Park site matters. 

 

The Clancy bill for July 2014 totaled $7,275.  The largest amount was for student matters ($7,237), the largest part of which related to student appeals ($5,400).  The amount for personnel matters totaled $38.

 

Special Education Legal Expenses

Special education legal fees for outside counsel for July 2014 totaled $3,346.  This is $1,304 (63.9 percent) more than the same period in the previous year.  In addition, total year-to-date special education legal costs of $3,346 are $36,750 (91.7 percent) less than the budgeted amount of $40,096 for this time period. 

 

The Jeffrey A. Krew bill for July 2014 totaled $3,346, all of which related to two administrative hearing cases.

 

JPS:LAB:TPK:jp

 

Attachments

 

The Board of Education approved contract awards to various contractors for on-call Heating, Ventilation, and Air Conditioning (HVAC) replacement services; on-call construction services for building modifications and program improvements; and various other in-house projects with the stipulation to report to the Board of Education on a quarterly basis as an information item after the contract award.

 

The following low bids have been received within the first quarter of Fiscal Year (FY) 2015 for various on-call HVAC replacement services, on-call construction services, and other capital projects and have been awarded based on the approved FY 2015–2020 Capital Improvements Program:

 

Americans with Disabilities Act of 1990 (ADA) Compliance  

 

 

School	Contractor	Project Scope	Amount
Quince Orchard High School	DuBois Construction, Inc.	Concession Stand Access Improvements	$133,083.85
		Total	$133,083.85

 

Building Modifications and Program Improvements

 

 

School	Contractor	Project Scope	Amount
Bannockburn Elementary School	Maggin Construction Company, Inc.	Classroom Modifications	$8,520.00
Bethesda-Chevy Chase High School	Smith & Haines, Inc.	Office Functionality Improvement	6,720.00
Briggs Chaney Middle School	Smith & Haines, Inc.	Classroom Modifications	16,725.00

 

 

 

School	Contractor	Project Scope	Amount
Chevy Chase Elementary School	Smith & Haines, Inc.	Computer Lab Conversion	5,300.00
Highland Elementary School	DuBois Construction, Inc.	Classroom Modifications	11,141.40
Meadow Hall Elementary School	DuBois Construction, Inc.	Computer Lab Conversion	15,129.60
Richard Montgomery High School	Maggin Construction Company, Inc.	Science Prep. Room Storage Modifications	8,285.00
South Lake Elementary School	Smith & Haines, Inc.	Classroom Modifications	21,790.00
		Total	$93,611.00

 

Heating, Ventilation, and Air Conditioning Replacement

 

 

School	Contractor	Project Scope	Amount
Montrose Center	Shapiro & Duncan, Inc.	RTU Replacement	$55,005.00
		Total	$55,005.00

 

The following contracts have been awarded for various FY 2015 capital projects for engineering design services for HVAC replacement services based on the approved FY 2015–2020 Capital Improvements Program:

 

Engineering Design Services

 

 

Project	Engineer	Project Type	Amount
Summit Hall Elementary School	Gipe Associates, Inc.	Systemic Design Services	$106,000.00
Tilden Middle School	James Posey Associates, Inc.	Chiller Replacement	14,935.00
Woodfield Elementary School	Gipe Associates, Inc.	Systemic Design Services	121,000.00
		Total	$241,935.00