1. Closed Session Approval - 8:30 a.m.
Subject
1.1 Acknowledgement of a Quorum
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
1. Closed Session Approval - 8:30 a.m.
Type
Action
Subject
1.2 Resolution for Today's Closed Session
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
1. Closed Session Approval - 8:30 a.m.
Type

WHEREAS, The Board of Education of Montgomery County is authorized by the Education Article and General Provisions 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 January 13, 2015, in Room 120 of the Carver Educational Services Center 850 Hungerford Drive, Rockville, Maryland,  from  8:30 a.m. to approximately 10:00 a.m. and from 1:00 p.m. to approximately 2:00 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
3-305(b)(7) of the General Provisions Article; and be it further

 

Resolved, That the superintendent of schools brief the Board on the Human Resources Monthly Report, 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 3-305(b)(1) of the General Provisions Article; and be it further

 

Resolved, That the superintendent of schools provide the Equal Employment Opportunity Report to the Board, which is an administrative function and outside the purview of the Open Meetings Act; and be it further

 

Resolved, That the superintendent of schools brief the Board on administrative and personnel matters, as well as potential and/or pending litigation relating to workers compensation claims filed by personnel at a school, which is an administrative function outside the purview of the Open Meetings Act and as permitted under Section 3-305(b)(8) of the General Provisions Article, and to the extent any individual employees are discussed, as permitted under Section 3-305(b)(1) of the General Provisions Article; and be it further

 

Resolved, That the superintendent of schools brief the Board on operating and capital budget strategy, which is an administrative function outside the purview of the Open Meetings Act; and be it further

 

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

 

2. Opening of Meeting - 10:00 a.m.
Subject
2.1 Pledge of Allegiance
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
2. Opening of Meeting - 10:00 a.m.
Type
Action, Procedural
Subject
2.2 Approval of the Agenda
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
2. Opening of Meeting - 10:00 a.m.
Type
Action
Recommended Action
Motion to approve the agenda and resolution as presented.
Subject
2.3 African American History Month
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
2. Opening of Meeting - 10:00 a.m.
Type
Action

WHEREAS, The precursor to African American History Month was created in 1926 in the United States when historian Carter G. Woodson and the Association for the Study of African American Life and History announced the second week of February to be “Negro History Week”; and

 

WHEREAS, From the event’s initial phase, Negro History Week grew to become National African American History Month during which we recognize and celebrate the extraordinary achievements of African Americans and their essential role in shaping the story of America; and

 

WHEREAS, For centuries, African American men and women have persevered to enrich our national life and bend the arc of history toward justice, from resolute Revolutionary War soldiers fighting for liberty to the hardworking students of today reaching for horizons their ancestors could only have imagined; and

 

WHEREAS, Montgomery County Public Schools celebrates the achievements and contributions of African Americans throughout history, and honors such recent accomplishments as Mrs. Dyan L. Harrison, assistant principal, Gaithersburg High School, as the 2015 Maryland Assistant Principal of the Year; and Ms. Mary Hawkins-Jones, classroom teacher, Westover Elementary School, recipient of the Gallup 2013 Most Hopeful Teacher in America award; now therefore be it

 

Resolved, That the Montgomery County Board of Education and the superintendent of schools hereby declare the month of February 2015 to be “African American History Month” and encourage staff, students, parents, and the community to actively honor the courage and contributions of African Americans in Montgomery County, the state, and the nation, and enhance awareness of the impact of attitudes and expectations on the achievement of African American students.

Subject
2.4 National School Counseling Week
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
2. Opening of Meeting - 10:00 a.m.
Type
Action

WHEREAS, National School Counseling Week 2015 will be celebrated from February 2–6, 2015, to focus public attention on the unique contribution that professional school counselors have in helping students achieve academic and social emotional success, planning for a career, and readiness for college; and

 

WHEREAS, School counselors are actively committed to helping students explore their abilities, strengths, interests, and talents as these characteristics relate to career awareness and development; and

 

WHEREAS, School counselors help parents focus on ways to further the educational, personal, and social growth of their children; and

 

WHEREAS, School counselors work with teachers and other educators to help students explore their potential and set realistic goals for themselves; and

 

WHEREAS, School counselors seek to identify and utilize community resources that may enhance and complement comprehensive school counseling programs and help students become productive members of society; and

 

WHEREAS, Comprehensive developmental school counseling programs are considered an integral part of the educational process that enables all students to achieve success in school; now therefore be it

 

Resolved, That the Montgomery County Board of Education hereby proclaims February 2–6, 2015,
as National School Counseling Week in Montgomery County Public Schools and recommends observance in all our school communities.

3. Public Comments - 10:05 a.m.
Subject
3.1 Sara Sadeghi
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
3. Public Comments - 10:05 a.m.
Type
Subject
3.2 Arthur Williams
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
3. Public Comments - 10:05 a.m.
Type
Subject
3.3 Richard Jurgena
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
3. Public Comments - 10:05 a.m.
Type
4. Board/Superintendent Comments - 10:35 a.m.
Subject
4.1 Board/Superintendent Comments
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
4. Board/Superintendent Comments - 10:35 a.m.
Type
Information
Subject
4.2 Board Committee Updates
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
4. Board/Superintendent Comments - 10:35 a.m.
Type
5. Human Resources and Development - 11:05 a.m.
Subject
5.1 Monthly Report
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
5. Human Resources and Development - 11:05 a.m.
Type
Action
Recommended Action
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.

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 the family of  a deceased employee; and be it further

 

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

6. Item of Discussion - 11:10 a.m.
Subject
6.1 Preliminary Plans Presentation-Seneca Valley High School Revitalization/Expansion Project
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
6. Item of Discussion - 11:10 a.m.
Type

WHEREAS, The architect for the proposed Seneca Valley High School revitalization/expansion project, Moseley Architects of Maryland, Inc., has prepared preliminary plans in accordance with the educational specifications; and

 

WHEREAS, The participants in the Seneca Valley High School facility advisory process have provided input for the proposed preliminary plans; now therefore be it

 

Resolved, That the Board of Education approves the preliminary plans report for the Seneca Valley High School revitalization/expansion project developed by Moseley Architects of Maryland, Inc. 

7. Discussion/Action Item - 11:40 a.m.
Subject
7.1 Child Abuse and Neglect Work Group
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
7. Discussion/Action Item - 11:40 a.m.
Type
Action

In summer 2014, I asked Dr. Andrew M. Zuckerman, chief of staff, and Ms. Debra A. Berner, director, Department of Student Services, to facilitate a work group to more closely examine our practices in Montgomery County Public Schools (MCPS) for recognizing and reporting child abuse and neglect.  I intended that the work group would build upon and significantly enhance our earlier efforts to engage stakeholders around this issue.  Dr. Zuckerman and Ms. Berner convened a multidisciplinary work group that included subject matter experts from county partner agencies, leadership from our employee associations, and representatives of the Montgomery County Council of Parent Teacher Associations to assist us in our systemic planning efforts. The work group’s charge statement and meeting minutes, as well as a list of work group members,
are available at the following link:

 

http://www.montgomeryschoolsmd.org/departments/studentservices/childabuse/index.aspx.

 

The work group provided Dr. Zuckerman and Ms. Berner with critical insight and feedback as they developed the recommendations that we are presenting today to redesign our systemic efforts
for recognizing and reporting child abuse and neglect. 

 

The need for a redesign has become apparent during the past several years. Shortly after I became the superintendent of schools, the Maryland State Board of Education upheld MCPS’ termination of a teacher for a pattern of inappropriate conduct with students.  Since then, there have been several other cases of inappropriate conduct in our school community.  In the vast majority, our schools and offices have handled these challenging situations professionally.  In addition, we have conducted trainings, revised procedures, and developed new processes to address the lessons learned from these incidents.  For instance, the Office of Human Resources and Development
has developed a process to improve the tracking of allegations of inappropriate interactions between employees and students.  This process was developed in consultation with our employee associations, and it is referenced in all three of their contracts as a means to promote a safe and secure environment in our schools and workplaces.

 

I believe that we respond appropriately to allegations of employee misconduct in most cases—particularly as it relates to allegations of child abuse and neglect.  But recent events in our schools also have led me to conclude that we need to do more.  We need to enhance our systemic approach to the critical issue of preventing, recognizing, and reporting child abuse and neglect, whether an allegation is made against a MCPS employee or in cases not associated with MCPS but for which our staff has the responsibility of reporting.  

 

I am pleased with the recommendations that Dr. Zuckerman and Ms. Berner have provided to me, and I have asked that they move forward with creating the action plans necessary to implement them.  The recommendations are detailed in the attachment, but I think the following three points are worth emphasizing.

 

First, the recommendations that they have developed with input from the work group are comprehensive in scope.  They set forth a strategic and systemic process to address prevention of child abuse and neglect, recognition, and reporting that enhances our work in this area.  This is
a communitywide issue that we all share responsibility for addressing.  In the coming months, staff will bring to the Board Policy Management Committee proposed revisions to Policy JHC, Child Abuse and Neglect, to reaffirm the Board’s commitment to this vital work.

 

Second, as we implement the recommendations, we will work closely with our colleagues in County Government and other stakeholders, as well as other outside consultants who possess the subject-matter expertise in this area, to ensure a robust systemic plan that is consistent with best practices in the field.  I wish to thank Mr. John McCarthy, state’s attorney for Montgomery County; Mr. J. Thomas Manger, Montgomery County’s chief of police; and Ms. Uma Ahluwalia, director of the Montgomery County Department of Health and Human Services, for generously making their staff available to participate in the work group and assist in our implementation of these recommendations—as well as their ongoing collaboration in responding to allegations of
child abuse and neglect.

 

Third, we must ensure that all our employees understand and are held accountable for the highest ethical standards in their conduct, as well as adhering to the legal and fundamentally moral imperative to recognize and report suspected child abuse and neglect—regardless of whether the abuse is alleged to have occurred on school property or in a child’s home.  Any employee who suspects child abuse or neglect and fails to report it violates MCPS policy and state law and is subject to discipline, including suspension or dismissal for misconduct in office. These requirements will be stringently enforced.

 

Some of these recommendations will undoubtedly have budgetary implications for our school system and community, but I believe we must take additional steps to create more robust procedures despite the cost.  The safety and well-being of our students is too important.

 

I am deeply appreciative of all of the hard work that the members of the work group have devoted to developing these recommendations, and I look forward to sharing with you our most current work in this area.

 

JPS:AMZ:lsh

 

Attachment

8. Lunch and Closed Session - 1:00 p.m.
9. Board Policies - 2:00 p.m.
Subject
9.1 Final Action Policy JGA, Student Discipline
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
9. Board Policies - 2:00 p.m.
Type
Action

On August 21, 2014, the Montgomery County Board of Education (Board) tentatively adopted the updated Policy, JGA, Student Discipline. The tentatively adopted policy was distributed for public comment.  Fifteen comments were received. 

 

Members of the Board Policy Management Committee (Committee) further discussed Policy JGA, Student Discipline, on November 13, 2014.  At the suggestion of the Committee, language was clarified as to suspension and expulsion being only used as a last resort. 

 

The Committee Recommended Draft is included as Attachment A. Public comments are summarized in Attachment B.  Original comments are included in Attachment C and the Draft for Public Comment is included as Attachment D.

 

The following resolution is provided for your consideration:

 

WHEREAS, Policy JGA, Student Discipline, has been updated to align with new Maryland regulations and to 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 draft of Policy JGA, Student Discipline, was tentatively adopted by the Board of Education on August 21, 2014, and sent out for public comment; and

 

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

 

Resolved, That the Board of Education adopts Policy JGA, Student Discipline, as updated in the attached Committee Recommended Draft.

Subject
9.2 Final Action Policy DNA, Disposition of Board of Education Property
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
9. Board Policies - 2:00 p.m.
Type
Action

On May 13, 2014, the Montgomery County Board of Education (Board) tentatively adopted the updated Policy, DNA, Disposition of Board of Education Property. The tentatively adopted policy was distributed for public comment.  Two comments were received. 

 

Members of the Board Policy Management Committee (Committee) further discussed Policy DNA, Disposition of Board of Education Property, on September 16, 2014, and November 13, 2014.  The Committee received an overview from staff regarding the public comments received, as well as the comments received from legal counsel. Staff members recommended adding language in Section B.2 to reflect permission to use surplus land for educational purposes.  Legal counsel suggested adding to line 176, “approve and” before “execute,” which staff members also recommended for inclusion in the policy.  

 

Other changes are as follows: 1) adding Board approval if there are any significant changes being made to the lease structure, including but not limited to, a facility improvement that may impact the neighborhood; 2) the superintendent of schools must inform the Board of any pending request that is seeking a lease term of more than three years, and the Board has the option to extend the three-year lease in special circumstances, which must be evaluated in the context of the six-year capital budget; 3) property that does not have any trade-in or sale value may be donated to charitable organizations; and 4) that the superintendent of schools reports on inventory as well
as any intended plans/uses for the upcoming year.

 

The Committee Recommended Draft is included as Attachment A. Public comments are summarized in Attachment B.  Original comments are included in Attachment C and the Draft for Public Comment is included as Attachment D.

 

The following resolution is provided for your consideration:

 

WHEREAS, Policy DNA, Disposition of Board of Education Property, provides for the management of Board property, including the establishment of processes to govern interim use of property that is not currently needed for a school or support facility and the disposition of real and non-real properties when the Board determines that it is no longer needed for school purposes or has reached the end of its useful life; and

 

WHEREAS, The draft of Policy DNA, Disposition of Board of Education Property, was tentatively adopted by the Board on May 13, 2014, and sent out for public comment; and

 

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

 

Resolved, That the title of Policy DNA be changed to Management of Board of Education Property; and be it further

 

Resolved, That the Board adopts Policy DNA, Management of Board of Education Property, as updated in the attached Committee Recommended Draft.

10. Item of Discussion - 3:00 p.m.
Subject
10.1 Continuing the Discussion on Changing Bell Times
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
10. Item of Discussion - 3:00 p.m.
Type
Discussion

 

On June 17, 2014, the Board of Education (Board) received a report that included stakeholder input and the cost implications of changing school bell times by shifting high school start times 50 minutes later, starting middle schools 10 minutes earlier, and extending the elementary school day by 30 minutes.  While I have supported the idea of starting high schools later, I felt that the cost of this particular model was prohibitive. Mrs. Patricia O’Neill, then Board vice president, introduced the following resolution that was adopted unanimously by the Board of Education:

 

Resolved, That the Board of Education requests the superintendent of schools to review low-cost options, not to exceed $10 million, for changing the start times for Montgomery County Public Schools and identify the implications of these options; and be it further

 

Resolved, That the superintendent of schools presents a report to the Board of Education in time for consideration during the Fiscal Year 2016 Operating Budget request.

 

During the June 2014 discussion, Board members expressed an interest in looking at different models.  The attached report, Bell Times—Analysis of Additional Options, identifies five options and several variations within some of these options. The analysis addresses the challenges and advantages for each option. The cost of each model also is provided. During the Board’s discussion on June 17, 2014, Mr. Philip Kauffman, then Board president, requested that staff consider a “split schedule” as one of the models.  Staff also was asked to review what Fairfax County Public Schools was doing with bell times and to determine if systems of comparable size to Montgomery County Public Schools (MCPS) were considering changes to their start times.  Further, staff was asked to reexamine the sleep research for any new findings and to determine what the research indicates about the sleep needs for elementary age students.  Information in response to these requests is included in the attached report.

 

 

The length of the transportation window is the major factor that determines the cost of any option.  It is possible to reduce the need for buses and school bus operators by lengthening the window of operations, which is the amount of time between the first trip of the morning and the last and likewise for the afternoon.  The length of the transportation window is noted and discussed for each option identified and reflects an assessment of the additional resources and costs for each option.

 

The report also identifies the challenges and potential benefits of each of the options. The charts provide further details.  The options presented for today’s discussion are within the parameters set forth in the Board’s resolution.  The five options are:

 

 

Research Findings 

 

MCPS contracted with Hanover Research (Hanover), an independent research company, to review the literature on the sleep needs of both teens and elementary-age children. Hanover’s research report, School Start Times, Sleep, and Student Outcomes, is attached to the Bell Times—Analysis of Additional Options report as Appendix D. Extensive review of sleep research also may be found in the 2013 Bell Times Work Group Report.

 

In summary, the Hanover report’s findings are similar to our previous research.  The body of research on school start times does not provide conclusive evidence that start times impact student achievement.  There is, however, research that indicates the positive impact of sleep on wellness factors, such as increasing problem solving, decreasing vehicle accidents, and improving daytime sleepiness. 

 

In addition, we asked Hanover to provide MCPS with research findings regarding the sleep needs of elementary-age students. The research on sleep outcomes for elementary-age children is limited.  Elementary school start times vary in their impact on student achievement.  Elementary school students (ages 5 to 12 years) require 10 to 11 hours of sleep per night.  The limited studies that are available indicate that a lack of sleep has a negative impact on elementary-age children.

 

Study of Safe and Healthy School Hours for Maryland Public Schools

 

On December 22, 2014, the Maryland Department of Health and Mental Hygiene (DHMH) released a report on its Study of Safe and Healthy School Hours for Maryland Public Schools to the Maryland General Assembly and Governor Martin O’Malley. The study was conducted pursuant to Chapter 620 of the Acts of 2014 that required DHMH  to “review the science on the sleep needs of children and adolescents, including the effects of sleep deprivation on academic performance and benefits of sufficient sleep; review and study how other school systems have implemented alternative school day starting times and how various activities in those school systems were impacted and scheduled around the changes; and make recommendations regarding whether public schools should implement a starting time of no earlier than 8:00 a.m.”

 

The Executive Summary of the report is attached to the Bell Times—Analysis of Additional Options report (Appendix C).  Both DMHM and the Maryland State Department of Education endorsed a recommendation to “encourage the Maryland State Board of Education use its authority (specified in Md.  Code Ann., Ed. § 2-205) to advise local school systems of the benefits of later school start time policies, and to encourage them to conduct feasibility studies regarding
the implementation of school starting times of 8:00 a.m. or later.”

 

Superintendent’s Recommendation

 

Given the cost implications and the outlook for the Fiscal Year (FY) 2016 Operating Budget and challenges presented by each of the options discussed in the report, I recommend that the Board of Education only considers no-cost options (Shift Start Times for All Schools Later or Leave Bell Times Unchanged). The most practicable of the no-cost options is for all schools to start and end 20 minutes later.  The cost implications are inconsequential and asking students, staff, and parents to adjust their routines by 20 minutes seems reasonable.  Although 20 minutes is not ideal for extending sleep time, it is a move in the right direction, and it will allow the potential for
some extended sleep for all involved.

 

I have been consistent in my support of and my belief that bell times is important to student success and well-being, but must be viewed in the context of other priorities that impact students as well as staff, families, and the broader community.  Whenever there is change, it will impact many. Should the Board of Education decide to move forward with my recommendation to consider only those options that are no-cost, and if it chooses to adopt the 20 minute shift, we must be ready to work with our communities and schools that we serve.

 

JPS:LAB:lsh

 

Attachment

 

Summary of Additional Bell Times Options

 

On January 13, 2015, the Montgomery County Board of Education added an option for consideration that is similar to Option 1. Middle and high schools would start 20 or 35 minutes later, while elementary schools would start 10 or 25 minutes later. This option would lengthen the elementary school day by 10 minutes, making it 6 hours and 25 minutes. The additional 10 minutes would only be used for lunch or recess. The financial impact of this option is still being determined

 

 

11. Board of Education Items - 4:30 p.m.
Subject
11.1 Future Closed Session Resolution
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Action
Recommended Action
That the Board declare a closed session for the next business meeting.

WHEREAS, The Board of Education of Montgomery County is authorized by the Education Article and General Provisions 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
February 10, 2015, from 8:30 a.m. to approximately 10:00 a.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 3-305(b)(1) of the General Provisions 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 3-305(b)(7) of the General Provisions Article; a discussion of matters constituting an administrative function outside the purview of the Open Meetings Act (Section 3-103(a) of the General Provisions 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.

Subject
11.2 Report of Previous Closed Session
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Action
Recommended Action
That the Board approve the report of the last closed session.

On December 9, 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 General Provisions Article Section 3-305(b) et seq., of the Annotated Code of Maryland.  The Board of Education of Montgomery County met in closed session on December 9, 2014, from 12:46 p.m. to 1:53 p.m. in Room 120 of the Carver Educational Services Center, 850 Hungerford Drive, Rockville, Maryland, and:

 

1.      Discussed appointments to the Board of Education committees, 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 was discussed, as permitted under Section 3-305(b)(1) of the General Provisions Article.

 

2.      Received a briefing by the superintendent of schools on the Human Resources Monthly Report, 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 3-305(b)(1) of the General Provisions Article.

 

3.      Received a briefing by the superintendent of schools on an appointment of a chief investment officer, Department of Financial Services, with a subsequent vote in open session, as permitted under Section 3-305(b)(1) of the General Provisions Article.

 

4.      Received legal advice and considered the following appeals involving a student transfer and a Complaint from the Public: T-2014-82 and 2014-34, as permitted under Section
3-305(b)(7) of the General Provisions Article and in its quasi-judicial capacity outside the purview of the Open Meetings Act and received information regarding student discipline appeal 2014-26 in its quasi-judicial capacity outside the purview of the Open Meetings Act.

 

 

The Board decided the appeals as follows:

 

Board Matter No. T-2014-82:  On motion of Mr. Durso and seconded by Mr. Barclay, the Board of Education voted unanimously to dismiss the appeal for untimeliness.

 

Appeal No. 2014-34:  On motion of Mr. Barclay and seconded by Mr. Durso, the Board of Education voted unanimously to affirm the decision of the superintendent’s designee.”

 

In attendance during the closed session were Christopher Barclay, Judith Docca, Michael Durso, Dahlia Huh, Philip Kauffman, Patricia O’Neill, Jill Ortman-Fouse, Rebecca Smondrowski, Larry Bowers, Joanne Causey, Joshua Civin, Patrick Clancy, Brian Edwards, Suzann King, Maria Navarro, Ikhide Roland Ikheloa, Kimberly Statham, Joshua Starr, Laura Steinberg, Dana Tofig, Karalee Turner-Little, and Andrew Zuckerman. At 1:35 p.m., Larry Bowers, Joshua Civin, Brian Edwards, Maria Navarro, Joshua Starr, Kimberly Statham, Dana Tofig, Karalee Turner-Little, and Andrew Zuckerman left the meeting. Closed session adjourned
at 1:53 p.m. 

 

Subject
11.3 Appeals
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Action
Recommended Action
That the Board approve the appeal adjudicated today in closed session.

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 3-305(b)(7) of the General Provisions 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 disposition of which will be recorded in the Report of Closed Session for the January 13, 2015, meeting:

 

         Appeal Number                                                 Type              

                                                                                                           

            T-2014-83                                                      Transfer

            T-2014-84                                                      Transfer

            2014-36                                                         Complaint from the Public   

Subject
11.4 Minutes - October 27, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.5 Minutes - November 6, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.6 Minutes - November 11, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.7 Minutes - November 12, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.8 Minutes - November 13, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.9 Minutes - November 17, 2014, Meeting
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Subject
11.10 New Business
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
11. Board of Education Items - 4:30 p.m.
Type
Information
12. Consent Items# - 4:35 p.m.
Subject
12.1 Contracts of $25,000 or More
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

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

 

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

 

 

GS-35F-0765R

Information Technology Equipment, Software, and Services—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Netcom Technologies, Inc.

$500,000

 

 

 

PM0002A12

IDIQ, Large Meter Vaults and Meter Replacements

 

 

 

 

 

Awardee

 

 

 

 

 

Ross Contracting, Inc.

$500,000

 

 

 

R-BB-14050

HVAC Preventive Maintenance Services

 

 

 

 

 

Awardee

 

 

 

 

 

Daikin Applied Americas

$ 90,000

 

 

 

042-12-B3

On Call Bleacher Inspection, Maintenance, and Repair Service—Extension

 

 

 

 

 

Awardees

 

 

 

 

 

Modern Door and Equipment Sales, Inc.

$ 30,000

 

T. J. Distributors, Inc.

  30,000

 

Total

$ 60,000

101411.1

Job Order Contracting Services—Extension**

 

 

 

 

 

Awardee

 

 

 

 

 

Kellogg Brown & Root Services, Inc.

       $ 350,000

 

 

 

4400003101

Variquest Visual Learning Tools—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Audio Visual Innovations

$ 50,000

 

 

 

527029

Interactive Classroom Technology

 

Awardee

 

Promethean, Inc.

 

 

 

 

      $250,000

 

 

 

 

 

 

1093.5

Propane Gas—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Amerigas Propane LP

$120,000

 

 

 

 

 

 

1142.6

Miscellaneous Business Forms—Extension

 

 

 

 

 

Awardees

 

 

 

 

 

Lynn D. Garfield*

$ 27,033

 

Maryland Business Forms, Inc.

8,750

 

RR Donnelley & Sons Company

  10,478

 

Total

$ 46,261

 

 

 

4005.7

Woodwind and Brass Instrument Repairs—Extension

 

 

 

 

 

Awardees (See note on page 5)

 

 

 

 

 

L & L Music Windshop, Inc.

 

 

Guitar Center Stores, Inc.

 

 

Washington Music Sales Center, Inc.*

 

 

Total

$ 65,000

 

 

 


 

 

 

4058.6

Office Furniture

 

 

 

 

 

Awardees

 

 

 

 

 

Douron, Inc.*

$189,283

 

Glover Furniture and Design Group, Inc.*

4,544

 

School Specialty, Inc.

1,763

 

Zoom, Inc.*

   3,759

 

Total

$199,349

 

 

 


4088.10

Media Center Supplies—Extension

 

 

 

 

 

Awardees

 

 

 

 

 

James A. Ard

$   8,030

 

Brodart Company

8,800

 

Daboter, Inc.

13,752

 

Demco, Inc.

1,997

 

Pyramid Paper Company

2,100

 

Standard Stationery Supply Company

  20,742

 

Total

$ 55,421

 

 

 

4089.8

Laminating Supplies—Extension

 

 

 

 

 

Awardees

 

 

 

 

 

Pyramid Paper Company

$ 27,960

 

Scott Electric

   41,435

 

Total

$ 69,395

 

 

 

4137.8

Special Education Supplies and Software

 

 

 

 

 

Awardees

 

 

 

 

 

Cadan Technologies*

$ 60,795

 

 

 

4311.1

Maintenance/Support for Access Control Security Systems—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Maxxess Systems, Inc.

$ 39,073

 

 

 


 

 

 

7079.6

Paperback and Prebound Paperback Books—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Perfection Learning Corporation

$250,000

 

 

 

7161.4

Wipes for Transportation Depots

 

 

 

 

 

Awardee

 

 

 

 

 

S. Freedman & Sons, Inc.

        $ 41,600

 

 

 


7205.2

Interactive White Board Services—Extension

 

 

 

 

 

Awardee

 

 

 

 

 

Clinton Learning Solutions, LLC

       $480,000

 

 

 

9111.6

Pizza, Baked-Frozen

 

 

 

 

 

Awardee

 

 

 

 

 

Nardone Brothers Baking Company, Inc.

$ 85,000

 

 

 

9125.7

Refrigerators, Freezers, and Milk Coolers

 

 

 

 

 

Awardees

 

 

 

 

 

Acme Paper & Supply Company, Inc.

$ 60,000

 

American Energy Restaurant Equipment, LLC

  90,000

 

Total

$150,000

 

 

 

9161.4

Field Renovation at Various Locations**

 

 

 

 

 

Awardee

 

 

 

 

 

Walker Willis/T/A Custom Masonry

$400,000

 

 

 

9320.4

Library Security System Replacements—Extension**

 

 

 

 

 

Awardee

 

 

 

 

 

Positive Technology.Com, LLC

$ 75,000

 

 

 


 

 

 

9397.4

Fire Alarm Sprinkler Systems Inspections—Extension**

 

 

 

 

 

Awardee

 

 

 

 

 

VSC Fire and Security

$500,000

 

 

 

9404.4

Water Treatment Supplies, Equipment, and Chemicals—Extension

 

 

 

 

 

Awardees (See note below)

 

 

 

 

 

Harrington Industrial Plastics, LLC

 

 

Superior Water Services, Inc.

 

 

Tricon Chemical Corporation*

 

 

Total

$ 75,000

 

 

TOTAL PROCUREMENT CONTRACTS OVER $25,000

 

 

$4,511,894

 

 

* 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.

Subject
12.2 Contract Approval for Bid No. 4114.5, Classroom Furniture
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

This is the annual contract for the purchase of classroom furniture.  I am recommending that the Board of Education approves this contract for one year through January 13, 2016.  The contract allows for three one-year extensions.   

 

WHEREAS, Funds have been budgeted for the purchase of classroom furniture through Bid No. 4114.5; now therefore be it

 

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

 

 

4114.5

Classroom Furniture

 

 

 

 

 

Awardees

 

 

 

 

 

Douron, Inc.*

$1,641,005

 

Glover Furniture and Design Group, Inc.*

26,846

 

Leisure Craft, Inc.

784

 

School Specialty, Inc.

       2,840

 

Total

$1,671,475

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

Subject
12.3 Contract Approval for Bid No. 7055.14, Purchase of School Buses-Extension
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

This is the second one-year extension of the contract for the purchase of school buses.  Montgomery County Public Schools Department of Transportation is seeking approval to purchase and finance 124 conventional and transit-style school buses.

 

WHEREAS, Funds have been budgeted for the purchase and financing of the purchase of school buses through Bid. No. 7055.14; and

 

WHEREAS, The acquisition of school buses through financing agreements has been reviewed by legal counsel; now therefore be it

 

Resolved, That 124 school buses be purchased and financed for a six-year term in the amount of $15,735,706 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 equipment has been or will be acquired before closing; and be it further

 

Resolved, That the Board of Education president 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:

 

 

7055.14

Purchase of School Buses

 

 

 

 

 

Awardee

 

 

 

 

 

American Truck and Bus, Inc.

$15,735,706

 

Subject
12.4 Contract Approval for Bid No. 7195.2, Computer Supplies-Extension
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

This is the second one-year extension of the contract for the purchase of computer supplies for Montgomery County Public Schools offices and schools.  I am recommending that the Board of Education extends this contract for a one-year period. 

 

WHEREAS, Funds have been budgeted for the purchase of computer supplies through Bid No. 7195.2; 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:

           

 

7195.2

Computer Supplies—Extension

 

 

 

 

 

Awardees

 

 

 

 

 

Carolina Imaging Products*

       $  24,000

 

HCGI Hartford*

34,000

 

Rasix Computer Center, Inc.*

922,000

 

The Tree House, Inc.*

    320,000

 

Total

$1,300,000

 

 

 

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

Subject
12.5 Contract Approval for Bid No. 9637.3, Fire Alarm Replacements at Various Locations-Extension
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type

This is the first one-year extension of the contract for the purchase of fire alarm replacements at various offices and schools.  I am recommending that the Board of Education extends this contract for a one-year period. 

 

WHEREAS, Funds have been budgeted for the purchase of fire alarm replacements at various locations  through Bid No. 9637.3; now therefore be it

 

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

 

 

9637.3

Fire Alarm Replacements at Various Locations—Extension**

 

 

 

 

 

Awardee

 

 

 

 

 

Alarm Tech Solutions, LLC

$1,600,000

 

 

 

**Planned Life-cycle Asset Replacement (PLAR)

Subject
12.6 Architect Appointment-Silver Spring International Middle School Addition Project Feasibility Study and Sligo Creek Elementary School Capacity Study
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

WHEREAS, It is necessary to appoint an architectural firm to provide professional and technical services to perform a feasibility study for the Silver Spring International Middle School addition project and a capacity study for Sligo Creek Elementary School; and

 

WHEREAS, Funds for conducting feasibility studies and capacity studies 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 The Lukmire Partnership, 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 services; now therefore be it

 

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the architectural firm of The Lukmire Partnership, Inc. to provide feasibility study services for the Silver Spring International Middle School addition project and capacity study services for Sligo Creek Elementary School for a fee of $52,274.

Subject
12.7 Architect Appointment-Tilden Middle School Revitalization/ Expansion Project Feasibility Study
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

WHEREAS, It is necessary to appoint an architectural firm to provide professional and technical services to perform a feasibility study for the Tilden Middle School revitalization/expansion project; and

 

WHEREAS, Funds for conducting feasibility studies 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 Samaha Associates, PC 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 services; now therefore be it

 

Resolved, That the Montgomery County Board of Education enters into a contractual agreement with the architectural firm of Samaha Associates, PC to provide feasibility study services for the Tilden Middle School revitalization/expansion project for a fee of $63,000.

Subject
12.8 Award of Contract-Briggs Chaney Middle School Reroofing Project
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

WHEREAS, The following sealed bids were received on December 9, 2014, for the reroofing project at Briggs Chaney Middle School:

 

Bidder                                                                                                   Amount

                      

Cole Roofing Co., Inc.                                                                        $1,318,436            

R.D. Bean, Inc.                                                                                    $1,319,850

Simpson of Maryland, Inc.                                                                  $1,481,550

Orndorff & Spaid, Inc.                                                    $1,526,000

 

and

 

WHEREAS, The goal for Maryland Department of Transportation-certified Minority Business Enterprise participation established for this project was 20 percent; and

 

WHEREAS, The low bidder, Cole Roofing Co., Inc. has submitted 20 percent woman-owned Maryland Department of Transportation-certified Minority Business Enterprise participation; and

 

WHEREAS, Cole Roofing Co., Inc. has completed similar work successfully for Montgomery County Public Schools; now therefore be it

 

Resolved, That a $1,318,436 contract be awarded to Cole Roofing Co., Inc. for the reroofing project at Briggs Chaney Middle School, in accordance with drawings and specifications prepared by the Department of Facilities Management.

Subject
12.9 Award of Contract-Col. Zadok Magruder High School Heating, Ventilation, and Air Conditioning Replacement Services Replacement Phase IV Project
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type

WHEREAS, On July 15, 2014, the Montgomery County Board of Education authorized staff in the Department of Facilities Management to utilize a construction management process for the Heating, Ventilation, and Air Conditioning Replacement Program and awarded a contract for preconstruction services to Keller Construction Management, LLC; and

 

WHEREAS, The following sealed bids were received on December 9, 2014, for the Col. Zadok Magruder High School Heating, Ventilation, and Air Conditioning Replacement Phase IV project:

 

          Bidder                                                                                   Amount

       Emjay Engineering and Construction, Co., Inc.             $1,389,000

          M & M Welding & Fabricators, Inc.                                    $1,436,000

          Shapiro & Duncan, Inc.                                                        $1,444,444

          Pro-Air, Inc.                                                                         $1,473,900

           W.L. Gary Company, Incorporated                                           $1,793,000

 

and

 

WHEREAS, The goal for Maryland Department of Transportation-certified Minority Business Enterprise participation established for this project was 10 percent; and

 

WHEREAS, The low bidder, Emjay Engineering and Construction, Co., Inc., has submitted 10 percent other-owned Maryland Department of Transportation-certified Minority Business Enterprise participation; and

 

WHEREAS, Emjay Engineering and Construction, Co., Inc. has completed similar work successfully for Montgomery County Public Schools; and

 

WHEREAS, Staff has negotiated a fee with Keller Construction Management, LLC for the construction management services; now therefore be it

 

Resolved, That a $1,389,000 contract be awarded to Emjay Engineering and Construction, Co., Inc. for the Col. Zadok Magruder High School Heating, Ventilation, and Air Conditioning Replacement Phase IV project, in accordance with drawings and specifications prepared by James Posey Associates, Inc.; and be it further

 

Resolved, That a contract in the amount of $95,000, to provide construction management services, be awarded to Keller Construction Management, LLC for the Col. Zadok Magruder High School Heating, Ventilation, and Air Conditioning Replacement Phase IV project.

Subject
12.10 Award of Contracts-Wood Acres Elementary School Addition Project
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

WHEREAS, On July 28, 2014, the Montgomery County Board of Education authorized staff in the Department of Facilities Management to utilize a construction management process for the Wood Acres Elementary School addition project and awarded a contract for preconstruction services to Hess Construction + Engineering Services, Inc.; and

 

WHEREAS, The following low bids were received on December 3, 2014, for the Wood Acres Elementary School addition project:

                                   

                                      Low Bidders                                                                                Amounts

 

02B – Site Construction—Ross Contracting, Inc.

$1,133,000

 

03A – Concrete—Chevy Chase Contractors, Inc.

$366,988

 

04A – Masonry—KaRon Masonry of Maryland, Inc.

$797,000

 

05A – Structural Steel Metals—S.A. Halac Iron Works, Inc.

$517,000

 

07A – Roofing—Interstate Corporation

$170,000

 

08A – Glass and Glazing—Zephyr Aluminum, LLC

$170,500

 

09A – Finishes—JP Construction Group, Inc.

$279,688

 

09B – Flooring—Atlascopco Construction Company, Inc.

$109,000

 

09C – Painting—Crown Incorporated of Hagerstown, Maryland

$31,500

 

15A – PHVAC—Towson Mechanical Incorporated

$1,086,000

16A – Electrical—C.T. Electrical Corp.

$700,600

 

       

 

and

 

WHEREAS, On December 3, 2014, Hess Construction + Engineering Services, Inc. received bid proposals for the remaining trade contracts for the project, which will be included in the guaranteed maximum price; and

 

WHEREAS, Detailed information on other bid proposals are available for review in the Department of Facilities Management; and

 

WHEREAS, The construction management contract contains provisions that permit Montgomery County Public Schools to assign the awarded trade contracts to Hess Construction + Engineering Services, Inc. as part of a guaranteed price agreement to complete the Wood Acres Elementary School addition project; and

 

WHEREAS, Staff in the Department of Facilities Management has negotiated and recommends approval of a guaranteed price contract with Hess Construction + Engineering Services, Inc. for the completion of the Wood Acres Elementary School addition project that includes the assignment of trade work awarded by Montgomery County Public Schools, along with all management and general conditions costs; and

 

WHEREAS, Hess Construction + Engineering Services, Inc. has agreed to accept the assignment of the Wood Acres Elementary School addition project trade contracts awarded on December 9, 2014, and complete the project for the guaranteed price; and

 

WHEREAS, The aggregate goal for Maryland Department of Transportation-certified Minority Business Enterprise participation established for this project was 15.1 percent; and

 

WHEREAS, The aggregate Minority Business Enterprise participation submitted is 23.6 percent Maryland Department of Transportation-certified, of which 6.6 percent is African American-owned, 6.8 percent is women-owned, 3.8 percent is Asian American-owned, and 6.4 percent is other minority-owned; and

 

WHEREAS, That 3.4 percent non-Maryland Department of Transportation-certified Minority Business Enterprise participation also has been submitted, totaling 27.0 percent Minority Business Enterprise participation; now therefore be it

 

Resolved, That the following trade contract packages be awarded to the low bidders for the construction of the Wood Acres Elementary School addition project:

 

                                      Low Bidders                                                                                Amounts

 

02B – Site Construction—Ross Contracting, Inc.

$1,133,000

 

03A – Concrete—Chevy Chase Contractors, Inc.

$366,988

 

04A – Masonry—KaRon Masonry of Maryland, Inc.

$797,000

 

05A – Structural Steel Metals—S.A. Halac Iron Works, Inc.

$517,000

 

07A – Roofing—Interstate Corporation

$170,000

 

08A – Glass and Glazing—Zephyr Aluminum, LLC

$170,500

 

09A – Finishes—JP Construction Group, Inc.

$279,688

 

09B – Flooring—Atlascopco Construction Company, Inc.

$109,000

 

09C – Painting—Crown Incorporated of Hagerstown, Maryland

$31,500

 

15A – PHVAC—Towson Mechanical Incorporated

$1,086,000

16A – Electrical—C.T. Electrical Corporation

$700,600

 

       

 

and be it further

 

Resolved, That the trade contracts awarded for the Wood Acres Elementary School addition project be assigned to Hess Construction + Engineering Services, Inc.; and be it further

 

Resolved, That a contract in the amount of $7,250,000, to include the assignment of the trade contract awards, be awarded to Hess Construction + Engineering Services, Inc. for the Wood Acres Elementary School addition project in accordance with drawings and specifications prepared by MWB Architects, PC.

Subject
12.11 Utilization of the Fiscal Year 2015 Provision for Future Supported Projects
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

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 $1,155,629 for the following continuing projects:

 

 

Continuing Projects

 

 

 

Name of Project

Amount

Positions

Funding Source

Healthy, Hunger-Free Kids

$10,640

None

United States Department of Education (USDE) through Maryland State Department of Education (MSDE)

 

Purpose of the project:  MSDE has awarded the Division of Food and Nutrition Services a grant in the amount of $10,640 for the Healthy, Hunger-Free Kids program.  The Healthy, Hunger-Free Kids program provides nutrition and culinary learning opportunities to staff with the goal of encouraging students to make healthy meal choices.  Specifically, the funds for this project will be used to support staff training, and lunchtime culinary demonstrations for staff members and to develop a culinary skills curriculum program entitled “Prepare with Pride.”

 

 

 

Name of Project

Amount

Positions

Funding Source

Title I, Part ASchool Improvement

$135,450

.8

USDE through MSDE

 

Purpose of the projectMSDE has awarded Montgomery County Public Schools (MCPS) $135,450 for the FY 2015 Title I, Part ASchool Improvement grant. The grant will provide support to schools for closing the achievement gap between subgroups of students. The funds will provide technical assistance and training at Brookhaven and Kemp Mill elementary schools. The funds will be used for professional learning for teachers, paraeducators, and administrators in implementing effective instructional practices that are aligned with the Common Core State Standards.  The funds will provide for .5 teacher and .3 paraeducator salaries, substitutes, part-time salaries, contractual services, instructional materials, and employee benefits.

 

 

Name of Project

Amount

Positions

Funding Source

Science, Technology, Engineering, and Mathematics Initiative

$59,111

None

MSDE

 

Purpose of the projectMCPS has received FY 2015 funding from MSDE for the Science, Technology, Engineering, and Mathematics (STEM) Initiative grant in the amount of $59,111. The purpose of the grant is to support professional learning, coaching sessions, and the development of exemplary video resources related to Curriculum 2.0’s integration of science and engineering into instruction. In addition, grant funds will support implementation of the MSDE Next Generation Science Standards.  

 

 

Name of Project

Amount

Positions

Funding Source

Maryland Early College Innovation Fund

$173,663

None

MSDE

 

Purpose of the project:  MCPS has received $173,663 from MSDE for the Maryland Early College Innovation Fund. The purpose of the grant is to support the creation and expansion of early college access programs that provide accelerated pathways for students seeking STEM disciplines, or STEM-related career and technology education programs.   The funds will support students at Northwood and Northwest high schools earning a high school diploma and college credit toward an Associate of Science degree from Montgomery College in a STEM-related field.

 

 

 

Name of Project

Amount

Positions

Funding Source

Howard Hughes Medical Institute

$545,000

2.625

Howard Hughes Medical Institute through the Montgomery County Public Schools Educational Foundation, Inc.

 

Purpose of the project:  MCPS has received $545,000 from the Howard Hughes Medical Institute (HHMI). This is the first year of a three-year grant award from HHMI.  Funding for year one will support three major science activities: secondary teacher professional development, elementary leadership and teacher professional development, and progression of biotechnology application opportunities for secondary students. 

 

The first two activities build upon previous efforts to provide professional development for classroom teachers to build their capacity to implement student centered instruction in which students apply depth of content knowledge through the scientific and engineering practices aligned with the Next Generation Science Standards. This year, elementary, middle, and high school science and technology education teachers will continue to collaborate to promote enhanced student learning in science, technology, and engineering through the use of the professional development products they develop. The grant will support training for 100 elementary teachers and 50 secondary teachers. 

 

The third activity focuses on the increased integration of biotechnology into the MCPS science curriculum. Providing professional development in current biotechnology concepts and techniques will enable teachers to participate in the Deoxyribonucleic Acid Laboratory Kit Program, specifically in Grade 7 and within various high school science and technology education courses. 

 

The grant funds will support a 1.0 instructional specialist, a 1.0 fiscal assistant, a .625 secretary, stipends, instructional materials, contractual services, equipment,  transportation, and employee benefits.

 

 

Name of Project

Amount

Positions

Funding Source

Head Start

$231,765

1.05

Maryland Department of Health and Human Services Administration for Children and Families via Montgomery County Community Action Agency

 

Purpose of the projectMCPS has received $231,765 in additional funding from the Maryland Department of Health and Human Services Administration for Children and Families via the Montgomery County Community Action Agency for the FY 2015 Head Start grant.  A .6 teacher position and a .45 paraeducator position for $99,103 is shifted from the local prekindergarten budget to the grant. The additional grant funds will be used for meals, instructional materials, parent activities, and program supplies.

 

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 $1,155,629 within the Fiscal Year 2015 Provision for Future Supported Projects, specified as follows:

 

 

 

Project

 

 

Positions*

 

Amount

Healthy, Hunger-Free Kids

 

$  10,640

Title I, Part A—School Improvement

.8

135,450

Science, Technology, Engineering, and

  Mathematics Initiative

 

59,111

Maryland Early College Innovation Fund

 

173,663

Howard Hughes Medical Institute

2.625

545,000

Head Start

1.05

       231,765

Total

4.475

$  1,155,629

 

 

Positions*

 

1.0

Instructional specialist

1.0

Fiscal assistant

  .625

secretary

1.1

teacher

  .75

paraeducator

 

and be it further

 

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

Subject
12.12 Fiscal Year 2015 Second Quarter Category and Object Transfers Request
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

Pursuant to Board of Education Policy DAA, Fiscal Responsibility and Control, authorization is requested to effect categorical transfers totaling $51,240 and object transfers of $374,592 for the second quarter of Fiscal Year (FY) 2015.  Categorical transfers are requested for the following projects:

 

 

The request includes object transfers for the following projects:

 

 

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

 

MCPS received a grant award of $3,405,775 for the FY 2015 Title III grant to provide instructional and support services to Limited English Proficient and English Language Acquisition (Immigrant) students to improve English language proficiency.  The approved grant award requires categorical transfers. There are transfers of $18,095 from Category 3, Instructional Salaries; $761 from Category 9, Student Transportation; and $5,093 from Category 12, Fixed Charges. Offsetting these reductions are increases of $13,071 to Category 4, Textbooks and Instructional Supplies; and $10,878 to Category 5, Other Instructional Costs.

 

Expanding Bridges Project

 

The Maryland State Department of Education (MSDE) awarded $667,596 to MCPS in FY 2013 for the Expanding Bridges Project.  The grant is used in 11 schools for Project Assessing Comprehension and Communication in English State to State (ACCESS).  Project ACCESS was designed to increase the number of children with disabilities who enter kindergarten fully able to learn alongside their typically developing peers.  Funds are used for substitute teachers, stipends, benefits, contractual services, professional development, and instructional materials. A categorical transfer of $11,391 from Category 6, Special Education; to Category 12, Fixed Charges, has been approved by the grantor and is necessary to realign resources to where they are needed.

 

Head Start

 

MCPS received funding of $3,603,675 to provide instructional and support services for the Head Start program. Categorical transfers are necessary to align the budget with the approved grant award. These changes result in a transfer of $10,664 from Category 2, Mid-Level Administration; and $2,536 from Category 4, Textbooks and Instructional Supplies. Offsetting these reductions is an increase of $3,000 to Category 5, Other Instructional Costs; and $10,200 to Category 12, Fixed Charges.

 

Carl D. Perkins Career and Technical Education

 

MCPS received funding from MSDEs Division of Career and College Readiness, for the Carl D. Perkins Career and Technical Education Improvement grant in the amount of $1,023,725. This grant supports pathway programs through which students have an opportunity to earn articulated college credit at Montgomery College or other postsecondary institutions. Counselors and teachers work with students to ensure their successful transition from high school to college and careers. The approved grant award requires categorical transfers of $2,700 from Category 2, Mid-Level Administration; to Category 3, Instructional Salaries.

 

Judith B. Hoyer Early Child Care Center (Gaithersburg Judy Center)

 

MCPS received an award from MSDE for the Gaithersburg Judy Center. The Gaithersburg Judy Center 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 Gaithersburg Judy Center has partnerships linking families with young children to comprehensive services in the community.  An object transfer is necessary to align the budget with the approved grant award. An amount of $195,846 is transferred from Object 02, Contractual Services; to Object 01, Salaries and Wages, for $110,809; to Object 03, Supplies and Materials, for $33,331; and to Object 04, Other, for $51,706. 

 

Judith B. Hoyer Early Child Care Center (Silver Spring Judy Center)

 

MCPS received an award from MSDE for the Silver Spring Judy Center. The Silver Spring Judy Center 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. The Silver Spring Judy Center has partnerships linking families with young children to comprehensive services in the community. An object transfer is necessary
to align the budget with the approved grant award. An amount of $178,746 is transferred from Object 02, Contractual Services; to Object 01, Salaries and Wages, for $115,247; to Object 03, Supplies and Materials, for $42,350; and to Object 04, Other, for $21,149.

 

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 $51,240 in the following categories:

 

Title III, English Language Acquisition

 

 

 

 

Category

 

From

 

To

3

 

Instructional Salaries

 

$         18,095

 

 

4

 

Textbooks and Instructional Supplies

 

 

 

$       13,071

5

 

Other Instructional Costs

 

 

 

        10,878

9

 

Student Transportation

 

                761

 

 

12

 

Fixed Charges

 

             5,093

 

__________

 

 

Total

 

$         23,949

 

$       23,949

 

Expanding Bridges Project

 

 

 

 

Category

 

From

 

To

6

 

Special Education

 

$         11,391

 

 

12

 

Fixed Charges

 

___________

 

$       11,391

 

 

Total

 

$         11,391

 

 $       11,391

 

 


 

 

Head Start

 

 

 

 

Category

 

From

 

To

2

 

Mid-Level Administration

 

$         10,664

 

 

4

 

Textbooks and Instructional Supplies

 

             2,536

 

 

5

 

Other Instructional Costs

 

 

 

$         3,000

12

 

Fixed Charges

 

___________

 

         10,200

 

 

Total

 

$         13,200

 

$        13,200

 

Carl D. Perkins Career and Technical Education

 

 

 

 

Category

 

From

 

To

2

 

Mid-Level Administration

 

$           2,700

 

 

3

 

Instructional Salaries

 

___________

 

$         2,700

 

 

Total

 

$           2,700

 

$           2,700

 

and be it further

 

Resolved, That the superintendent of schools be authorized to effect a Fiscal Year 2015 object transfer of $374,592 in the following project: 

 

Judith B. Hoyer Early Child Care Center—Gaithersburg Judy Center

 

 

 

 

Object

 

From

 

To

01

 

Salaries and Wages

 

 

 

$       110,809

02

 

Contractual Services

 

$       195,846

 

 

03

 

Supplies and Materials

 

 

 

           33,331

04

 

Other

 

___________

 

         51,706

 

 

Total

 

$       195,846

 

$       195,846

 

Judith B. Hoyer Early Child Care Center—Silver Spring Judy Center

 

 

 

 

Object

 

From

 

To

01

 

Salaries and Wages

 

 

 

$     115,247

02

 

Contractual Services

 

$       178,746

 

 

03

 

Supplies and Materials

 

 

 

          42,350

04

 

Other

 

___________

 

         21,149

 

 

Total

 

$       178,746

 

$     178,746

 

and be it further

 

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

Subject
12.13 Contract Approval for Request for Proposal No. 4358.1, External Consultant(s) to Review Montgomery County Public Schools Choice and Other Special Programs
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
12. Consent Items# - 4:35 p.m.
Type
Action (Consent)

On October 22, 2014, Montgomery County Public Schools (MCPS) issued Request for Proposal (RFP) No. 4358.1, External Consultant(s) to Review MCPS Choice and Other Special Programs.  The purpose of the RFP was to solicit and engage consultants to conduct a comprehensive study of the wide variety of choice and other special academic programs that MCPS offers for students such as magnets; language immersion programs; and regional consortia, such as the Northeast and Downcounty consortia. A copy of the RFP is available at: http://procurement.montgomeryschoolsmd.org/home/Bid_Record/366.

 

This study, which was approved by the Montgomery County Board of Education (Board) as part of its Fiscal Year 2015 Operating Budget, will focus on four main objectives:

 

 

The RFP was sent to a wide range of firms and was advertised on the MCPS website following standard procedures. Seven entities submitted proposals. The proposals were reviewed by an evaluation committee comprising MCPS central office staff from a broad cross-section of offices and departments, current and former principals of MCPS schools with choice and other special programs, and two officers of the board of the Montgomery County Council of Parent Teacher Associations.

 

Proposals were reviewed based on the evaluation criteria outlined in the RFP relating to the consultants’ proposed approach to the external review.  Criteria included how the proposal will meet MCPS needs, including a focus on the MCPS core value of equity; qualifications and experience of the consultants relevant to the scope of services, requested qualifications, and experience of the lead reviewer and principal employees responsible for this project; past performance including information obtained from references provided by the consultants; and pricing. Interviews were conducted on December 17, 2014, with four of the groups that responded to the RFP.

 

As a result of the process, the selection committee identified ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­Metis Associates as the most responsive and responsible.  Founded in 1977 by social science researchers, Metis Associates is a national, employee-owned research and consulting firm that has extensive experience with evaluation of districtwide initiatives to assist school districts make strategic decisions about program implementation and resource allocation.  Metis’ mission is to support school districts and other public and private organizations in achieving results for the children, adults, families, and the communities they serve.  Metis has conducted a number of recent evaluations of choice and magnet programs in school districts ranging from Broward County Public Schools (Florida) to Baltimore County Public Schools and Pittsburgh Public Schools (Pennsylvania), covering topics such as equity of access, community satisfaction, alignment of programs to best practices, and the impact of these programs on student achievement and other outcomes.  Metis Associates is well positioned to ensure that this study will provide multiple opportunities for public involvement and it will analyze data from a broad array of sources including, but not limited to, feedback from students, family, staff, and other stakeholders to build upon ongoing work by MCPS staff to continually improve and enhance our choice and other special programs.

 

The selection committee recommends the Board awards this contract to Metis Associates with a one-year contract encompassing three phases during the course of the 2014–2015 and 2015–2016 school years, as framed in the RFP:

 

 

Although the third phase will focus most intensely on public engagement, the study will solicit input from a broad array of local community members and stakeholders throughout the process, as well as feedback from thought leaders and experts on the development and implementation of choice and other special programs nationwide.

 

WHEREAS, The Board of Education approved a comprehensive study of the wide variety of choice and other special academic programs that Montgomery County Public Schools offers for students such as magnets; language immersion programs; and regional consortia, such as the Northeast and Downcounty consortia; and

 

WHEREAS, Having been duly advertised under Request for Proposal No. 4358.1, External Consultant(s) to Review Montgomery County Public Schools Choice and Other Special Programs, consultant firms were asked to submit proposals for consideration; and

 

WHEREAS, The evaluation process has identified that Metis Associates best meets the needs of Montgomery County Public Schools; now therefore be it

 

Resolved, That a contract for $200,000 be awarded to ­­­­­­­­­­­­­­­­­­­­­­­Metis Associates to conduct an external review of school choice and other special programs under the terms set forth in Request for Proposal No. 4358.1; 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 this transaction.

13. Monthly Financial Report - 4:40 p.m.
Subject
13.1 Monthly Financial Report
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
13. Monthly Financial Report - 4:40 p.m.
Type
Discussion

 

This financial report reflects the actual financial condition of Montgomery County Public Schools (MCPS) as of November 30, 2014, and projections through June 30, 2015, based on program requirements and estimates made by primary and secondary account managers.  At this time, revenues have a projected surplus of $1.88 million, which is $80,000 more than reported last month.  Expenses are projected to have a surplus of $25.1 million, which is $12.1 million more than the 13.0 million projected last month.  The change in expenditures is primarily due to the implementation of Fiscal Year (FY) 2015 Operating Budget expenditure restrictions that were effective on November 24, 2014. 

 

The County Council appropriated $38,172,451 of fund balance for the FY 2015 Operating Budget.  As a result of additional savings realized at the end of FY 2014, the FY 2015 beginning fund balance was $1,182,633. Based on revenue and expenditure projections as of November 30, 2014, the FY 2015 fund balance at year end will be $28.16 million.  This amount will be used to help fund the FY 2016 Operating Budget.

 

Last month, I reported that there are three potential uncertainties which could result in category deficits and/or reductions to the reported surplus.  First, harsh weather conditions similar to last year, as well as the price for the portion of electricity and natural gas that is purchased at market rates, could result in increased utilities costs.  However, due to the expenditure restrictions now in place, Category 10 is less likely to end the year in deficit.

 

The second concern is related to the projected cost of additional students with disabilities placed in nonpublic school-age day programs.  Last year, the number of students enrolled in nonpublic school-age day programs increased significantly from the prior year.  Because the increase occurred during a period of several months, and after the FY 2015 Operating Budget was developed, the current FY 2015 projection for Category 6 included a deficit for nonpublic placements.  There was a concern that if the number of students placed in nonpublic programs continued to increase more than projected, costs would increase and Category 6 may end the year in deficit.  As the number of students is not increasing in the similar pattern as last year, the tuition projection for this report is lower, and Category 6 is not expected to end the year in deficit.

 

The third concern related to projected active employee and retiree health care costs.  Based on the County Council’s final action on the FY 2015 Operating Budget, we are projecting a reduction of the reserve in the Employee Benefit Plan trust funds to approximately 1 percent of annual expenditures. While I am now projecting a small surplus in Category 12, I continue to be concerned that if claims for the remaining months of the year are higher than currently projected, there may be an insufficient balance in the trust fund to cover costs.  Additional information about the projections for Categories 6, 10, and 12 is provided below.

 

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

 

REVENUE

 

Total revenue is projected to be $2,289,168,298, which is $1,880,000 more than the current budget of $2,287,288,298.  There is an increase of $80,000 from last month’s projection.

  

County

 

The projected revenue from the county is $1,476,855,309.  This is the same as the amount budgeted for FY 2015, and the same as projected last month.

 

State

 

The projected revenue from the state is $620,665,933.  This is $1.9 million more than the amount budgeted, and a reduction of $100,000 from the amount reported last month. The surplus revenue is related to the projected amount that MCPS will receive for special education students who attend nonpublic schools.  While there are more students projected to attend nonpublic school-age day programs than was anticipated when the FY 2015 Operating Budget was developed, the number has been reduced from last month.  MCPS is required to pay 300 percent of the average per pupil cost plus 30 percent of the tuition amount that exceeds the 300 percent amount.  The state pays  70 percent of the amount that exceeds the 300 percent amount.  If total tuition costs are higher, state revenue will be higher.

 

Federal

 

The projected revenue from Impact Aid is $200,000, which is the same as the amount projected last month.  This is $200,000 less than the $400,000 budgeted.   

 

Other

 

The projected revenue from other sources is $4,055,708, which is $180,000 more than previously reported.  The additional revenue is from summer school fees.

 

Appropriated Fund Balance

 

The projected revenue from appropriated fund balance remains at $40,682,985. This amount includes $2,510,534 for prior-year encumbrances.

 

Enterprise Funds

 

The projected revenue from enterprise funds is $60,818,601.

 

Supported Projects

 

The anticipated revenue of $85,889,763 for supported projects has not changed from last month. This estimate includes $7,985,829 carried forward from FY 2014.  Projects approved through November 30, 2014, have been assigned $80,778,174.

 

EXPENDITURES

 

There is a projected surplus of $25,100,000, which is $12.1 million more than the $13 million reported last month. As a result of expenditure restrictions put in place on November 24, 2014, all categories are now projected to end the year in surplus.  The following provides an explanation of the projections for each category.

 

Category 1—Administration

 

There is a projected end-of-year surplus of $1,500,000 in Category 1, Administration, which is    $1 million more than the $500,000 surplus projected last month.  As of November 30, 2014, 89.9 percent of the funds budgeted in this category have been spent or encumbered.  It is projected that an additional $2.9 million, or 6.7 percent of budgeted funds, will be spent during the remainder of the year for equipment maintenance, supplies, and other items that are essential to MCPS operations.  There currently are 12.3 vacant Full-time Equivalent (FTE) positions and a projected salary surplus of $1.7 million. This is $700,000 more than the position salary surplus reported last month. Additional vacancies that occur during the year will generate additional surplus.  Temporary part-time salaries that were projected to be on budget last month are now projected to have a surplus of $70,000.  In addition, the $500,000 deficit projected last month for contractual services has improved by $85,000 to $415,000.  The overall deficit is related to legal fees and the hiring of outside contractors for technology services as a result of vacant positions.  A surplus of $145,000 is now projected for supplies and materials, other expenditures, and equipment.

 

Category 2—Mid-level Administration

 

Last month’s projected end-of-year surplus in Category 2, Mid-level Administration, of
$2.5 million has increased by $1 million to $3.5 million.  As of November 30, 2014, 95.5 percent of the funds budgeted in this category have been spent or encumbered, and it is anticipated that an additional $2.8 million, or 2 percent of budgeted funds, will be expended during the remaining months of the year for essential services.  Currently, there are 24.1 vacant FTE positions, 1.0 FTE position less than last month.  The projected surplus in position salaries is $2.9 million, which is $500,000 more than that the $2.4 million surplus reported last month.  In addition, there is a surplus of $250,000 projected for temporary part-time salaries due to expenditure restrictions.  The projected surplus of $100,000 in contractual services, supplies and materials, and for mileage reimbursement for local travel reported last month has increased by $300,000 to $400,000.

 

Category 3—Instructional Salaries

 

Category 3, Instructional Salaries, is projected to end the year with a surplus of $11.5 million, which is $2.5 million more than reported last month.  As of November 30, 2014, 96 percent of the funds budgeted in this category have been spent or encumbered.  It is projected that an additional $23.4 million, or 2.7 percent of the budgeted amount, will be spent during the remainder of the year. There is an $8.5 million surplus projected for position salaries, which is $1.5 million more than the $7 million surplus reported last month.  This projection is based on trend data from prior years when expenditure restrictions were in place.  There are 166.2 vacant FTE positions, most of which are being filled by long-term teacher substitutes.  The $2 million surplus projected in temporary part-time salaries last month has increased by $1 million to $3 million. While the original surplus was related to lower than budgeted expenses for short-term substitutes, long-term leave, and sick and annual leave payments to employees, the additional surplus is primarily a result of additional savings in stipends and substitutes for professional development.

 

Category 4—Textbooks and Instructional Supplies

 

Expenditures in Category 4, Textbooks and Instructional Supplies, are projected to have a surplus of $3.5 million.  This is $2.5 million higher than the $1.0 million surplus projected last month.  As of November 30, 2014, approximately 51.3 percent of the funds budgeted in this category have been spent or encumbered.  It is projected that an additional $10.4 million, or 36.5 percent of the budgeted amount, will be spent during the remainder of the year.  Schools and offices will purchase only those textbooks, materials, and supplies that are essential. 

 

Category 5—Other Instructional Costs

 

While expenditures in Category 5, Other Instructional Costs, were projected to be on budget last month, there is now a projected surplus of $500,000.  As of November 30, 2014, approximately 47.9 percent of the funds budgeted in this category have been spent or encumbered.  It is projected that $5.1 million will be spent during the year to cover a variety of expenditures, including costs for interscholastic sports and maintenance of duplicating equipment. 

 

Category 6—Special Education

 

Expenditures for Category 6, Special Education, are projected to have a surplus of $2 million.  Last month, the category was projected to end the year on budget.  As of November 30, 2014,  95.2 percent of the funds budgeted in this category have been spent or encumbered.  It is projected that an additional $11.3 million, or 4.1 percent of the budget, will be spent during the remainder of the year.  Currently, there are 58.3 vacant FTE positions.  Position salary balances resulting from vacant FTE positions are offset by long-term substitutes for classroom coverage, temporary part-time salaries, and contractual services to provide services to students with disabilities
as prescribed on their Individualized Education Program.  This results in an overall surplus of $1.6 million.  This is $200,000 more than the surplus projected last month. In addition, there is a surplus of $400,000 for tuition for students with disabilities served in nonpublic programs.  This surplus represents a change of $1.8 million from the deficit of $1.4 million previously projected.  Last year, the Office of Special Education and Student Services experienced a significant increase in the number of referrals for nonpublic programs for elementary and high school students with emotional disabilities and elementary students with autism. The deficit reported last month assumed that this trend would continue.  However, current projections reflect that the number of referrals is not following last year’s trend.

 

Category 7—Student Personnel Services

 

Expenditures for Category 7, Student Personnel Services, are projected to have a surplus of $100,000.  Last month the category was projected to be on budget. As of November 30, 2014, approximately 96.4 percent of all budgeted funds in this category have been spent or encumbered.  There are 3.0 vacant FTE positions, and the position salary balance remains at $75,000.  Based on expenditure restrictions, a surplus of $25,000 is now projected for part-time salaries and operating expenses.

 

Category 9—Student Transportation

 

Category 9, Student Transportation, is expected to end the year with a surplus of $500,000.  The category was projected to be on budget last month.  As of November 30, 2014, approximately    81.6 percent of all budgeted funds in this category have been spent or encumbered.  The position salary surplus of $1.8 million reported last month has increased by $100,000 to $1.9 million.  The $2.3 million deficit for temporary part-time salaries projected last month has increased by $200,000 to a deficit of $2.5 million.  It is projected that additional bus operator position vacancies will be filled with part-time bus operators.  The projected surplus of $500,000 reported last month for bus fuel has increased by $200,000 to $700,000.  Expenditures for bus repairs and bus supplies are now projected to end the year with a surplus of $400,000. 

 

Category 10—Operation of Plant and Equipment

 

Expenditures for Category 10, Operation of Plant and Equipment, are projected to have a surplus of $1 million.  Last month, it was anticipated that the category would end the year on budget. As of November 30, 2014, approximately 75.5 percent of all budgeted funds in this category have been spent or encumbered, and $30.7 million, or 23.8 percent of the budget, is expected to be spent throughout the remainder of the year. Currently, there are 60.7 FTE position vacancies, primarily building service positions. This is nine more vacancies than reported last month.  The projected position salary surplus of $1.4 million projected last month has increased by $800,000 to $2.2 million. The projected deficit of $500,000 for building service substitute salaries and
long-term leave has improved by $100,000 resulting in a projected deficit of $400,000.  Also, the deficit of $400,000 reported last month for vehicle operating costs in the Department of Materials Management has improved by $200,000, resulting in a deficit of $200,000.  Based on another month of actual data, there is a projected deficit of $600,000 for utilities, which is $100,000 more than the $500,000 deficit reported last month.  Consumption and rates for electricity, and rates for natural gas, are projected to be slightly higher than budgeted.    

 

Category 11—Maintenance of Plant

 

Expenditures in Category 11, Maintenance of Plant, are projected to have a surplus of $500,000.  Last month, the category was projected to be on budget.  Approximately 81.7 percent of budgeted funds have been spent or encumbered as of November 30, 2014.  An additional $5.7 million, or 16.8 percent of the budget, is expected to be spent during the remainder of the year. There are currently 31.0 FTE position vacancies, and the position salary savings from lapse and turnover of $700,000 reported last month has increased by $500,000 to $1.2 million.  Projected offsetting deficits of $50,000 for long-term leave, $400,000 for maintenance and grounds care supplies and equipment, and $250,000 for vehicle operating costs remain the same as reported last month.

 

Category 12—Fixed Charges

 

At this time, expenditures for Category 12, Fixed Charges, are projected to have a surplus of $500,000.  Last month, Category 12 was projected to be on budget. Approximately 47 percent of budgeted funds have been spent as of November 30, 2014.  Last spring, as part of final action on the FY 2015 Operating Budget, the County Council reduced the budget for Category 12 by $40.5 million by using reserve funds from our health care trust funds.  Of the $40.5 million, $27.2 million of the $51.1 million in the MCPS Other Post-Employment Benefits Trust Fund was shifted to the Employee Benefit Plan Retiree Trust Fund to pay for retiree health costs.  In addition, $13.3 million was cut with the intention of reducing the Employee Benefit Plan Retiree Trust Fund balance of $18.5 million for retirees to $5.2 million beginning in FY 2015.  Based on actual FY 2014 experience and current projections for FY 2015 (based on four months of actual data), the fund balance for both active employees and retirees is projected to be below $4 million, or less than 1 percent of annual expenditures.  If claims are higher than projected for the remaining months of the fiscal year, the surplus may be reduced or eliminated.

14. Items of Information - 4:55 p.m.
Subject
14.1 Construction Progress Report
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
14. Items of Information - 4:55 p.m.
Type
Information

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

Subject
14.2 Legal Fees Report
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
14. Items of Information - 4:55 p.m.
Type
Information

This report details expenditures for outside counsel legal fees for Fiscal Year 2015 through the month of October 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:

 

 

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:

 

Non-special Education Legal Expenses

 

The total charges for non-special education legal expenses in October 2014 were $52,601. The year-to-date total of $299,709 is $33,501 (10.1 percent) less than the same period in the previous year. 

 

The Carney Kelehan bill for October 2014 totaled $44,786.  The largest amount was for policy matters ($17,832), the largest part of which related to student records requests ($10,497).  The next largest amount was for facilities matters (charged to the capital budget) totaling $9,183, the largest part of which was related to facility general advice ($6,580).  The amount for student matters totaled $8,835, the largest part of which related to a student appeal matter ($1,294). The next largest amount was for personnel matters ($6,646), the largest part of which related to a dismissal matter ($3,971).  The amount for miscellaneous matters totaled $2,290.

 

The Venable bill for October 2014 totaled $2,302. The largest amount was for policy matters ($1,809), all of which related to general legal advice.  The amount for collective bargaining matters totaled $493.

 

The Clancy bill for October 2014 totaled $2,438.  The largest amount was for student matters ($2,100), the largest part of which related to student appeals ($1,013).  The amount for policy matters totaled $338.

 

Charges in October 2014 for court reporters, hearing officers, and other legal services totaled $3,075.

 

Special Education Legal Expenses

Special education legal fees for outside counsel for October 2014 totaled $43,403.  The year-to-date total of $107,080 is $52,833 (97.4 percent) more than the same period in the previous year.  In addition, total year-to-date special education legal costs of $107,080 are $53,304 (33.2 percent) less than the budgeted amount of $160,384 for this time period. 

 

The Jeffrey A. Krew bill for October 2014 totaled $43,403, all of which related to administrative hearing matters.

Subject
14.3 Update on Contract Awards for On-Call Heating, Ventilation, and Air Conditioning Replacement Services and On-Call Construction Services
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
14. Items of Information - 4:55 p.m.
Type
Information

On March 9, 2010, 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 second quarter of Fiscal Year (FY) 2015  for various on-call construction capital projects and have been awarded based on the approved  FY 2015–2020 Capital Improvements Program:

 

HVAC Replacement

 

 

School

Contractor

Project Scope

Amount

Tilden Middle School

Emjay Engineering and Construction, Co., Inc.

Chiller Replacement

$377,000

 

 

Total

$377,000

 

The following contracts have been awarded within the second quarter of FY 2015 for engineering and design services associated with HVAC replacement projects based on the approved FY 2015–2020 Capital Improvements Program:


 

 

Engineering Design Services

 

 

Project

Engineer

Project Type

Amount

Lake Seneca Elementary School

James Posey Associates, Inc.

HVAC Equipment and Controls Replacement

$107,250

 

Whetstone Elementary School

James Posey Associates, Inc.

HVAC System Assessment

$4,850

Thomas W. Pyle Middle School

James Posey Associates, Inc.

HVAC Equipment and Controls Replacement

$116,500

Rolling Terrace Elementary School

James Posey Associates, Inc.

HVAC Equipment and Controls Replacement

$147,300

Diamond Elementary School

Building Dynamics, LLC

Chiller Replacement

$17,970

Shady Grove Middle School

James Posey Associates, Inc.

HVAC Equipment Replacement Phase 1

$132,450

 

 

Total

$526,320

 

15. Adjournment - 5:00 p.m.
Subject
15.1 Adjournment
Meeting
Jan 13, 2015 - Business Meeting Agenda
Category
15. Adjournment - 5:00 p.m.
Type
Action
Recommended Action
Motion to adjourn the meeting.