DATE, TIME, PLACE OF MEETING
The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, December 7, 2004, at 5:00 p.m. The meeting was called to order by James Pitre, President. The prayer was led by Jay L. Duhon; Gregory Robert led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present:
Joe A. Andrepont, Dale B. Bernard, Billy Breaux, Clara F. Duhon, Jay L. Duhon, John M. Falgout, Rev. J.L. Franklin, James W. Karr, Sr., Bryan LaRocque, Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Dr. Edward Stephens, Philip Tarver and R.L. Webb.
MINUTES APPROVED
On motion by Joe Andrepont, seconded by Bryan LaRocque and unanimously carried, the minutes of the regular meeting of November 16, 2004, were approved as presented.
Supplemental Agenda
By general consent the Supplemental Agenda was included as part of the regular agenda.
By general consent Take Appropriate Action, Items A-0, were placed prior to Presentations.
TAKE APPROPRIATE ACTION
Resolution Authorizing the Issuance of $14,000,000 General Obligation School Improvement Bonds of District Number 34
SEQ CHAPTER \h \r 1 Lake Charles, Louisiana
December 7, 2004
The Parish School Board of Calcasieu Parish, Louisiana, met in public session at 5:00 o’clock p.m. on Tuesday, December 7, 2004, at its regular meeting place in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.
James W. Pitre, President called the meeting to order and on roll call, the following members were present:
Joe A. Andrepont, Dale B. Bernard, Billy Breaux, Clara F. Duhon, Jay L. Duhon, John M. Falgout, Rev. J. L. Franklin, James W. Karr, Sr., Bryan LaRocque, Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Dr. Edward Stephens, Phillip Tarver, and R. L.. Webb
ABSENT: None
The President stated that one purpose of the meeting was the opening of sealed bids received for the purchase of $14,000,000 of General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2005 Series (the “Bonds”).
The President presented affidavits evidencing proper publication of the Notice of Sale of the Bonds, said affidavits indicating that the Notice of Sale had been published in the Southwest Daily News, a newspaper published in Calcasieu Parish, and of general circulation in School District No. 34 of Calcasieu Parish, Louisiana, on November 29, 2004 (such publication having been made at least seven (7) clear calendar days before the date scheduled for the receipt of bids), and also published in the Daily Journal of Commerce, a financial newspaper or journal containing a section devoted to municipal bond news published in the City of New Orleans, Louisiana on November 29, 2004 (which publication was made at least forty-eight (48) hours in advance of the date scheduled for the receipt of bids). The affidavits were approved and were ordered filed with the minutes of said meeting.
The President then presented the sealed bids for the purchase of the Bonds of School District No. 34 of Calcasieu Parish, Louisiana, which had been received, which bids were opened and found to be as follows:
EFFECTIVE
NAME OF BIDDER INTEREST RATE PREMIUM
1. UBS Financial Services 4.213435% -0-
Dallas, Texas
2. Morgan Keegan & Company, Inc. 4.162328% -0-
New Orleans, Louisiana
Upon verification, it was determined that the bid of Morgan Keegan & Company, Inc., of New Orleans, Louisiana, was the lowest and best bid submitted for the purchase of the Bonds, whereupon the following resolution was introduced and, pursuant to motion made by Mr. Breaux and seconded by Robert, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Bernard, Mr. Breaux, Mrs. Duhon, Mr. Duhon, Mr. Falgout, Rev. Franklin, Mr. Karr, Mr. LaRocque, Ms. LaVergne, Mr. Robert, Dr. Stephens, Mr. Tarver, and Mr. Webb
NAYS: None
ABSENT: None
NOT VOTING: President Pitre
RESOLUTION
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $14,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2005 SERIES; CONFIRMING THE SALE THEREOF; AND PROVIDING FOR THE LEVY OF TAXES FOR THE PAYMENT OF PRINCIPAL THEREOF AND INTEREST THEREON.
WHEREAS, pursuant to a resolution adopted by the Calcasieu Parish School Board, governing authority of School District No. 34 of Calcasieu Parish, Louisiana (the “Issuer”) on May 7, 2002, and in conformity with notice duly published in compliance with law, there was held in School District No. 34 of Calcasieu Parish, Louisiana, on July 20, 2002, a special election at which there was submitted to the qualified electors of said district the following proposition:
BOND PROPOSITION NO. 1
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $34,000,000 OF 20-YEAR PUBLIC SCHOOL IMPROVEMENT BONDS FOR ACQUIRING AND/OR IMPROVING SCHOOL BUILDINGS AND OTHER SCHOOL RELATED FACILITIES WITHIN THE DISTRICT, SAID BONDS TO BE PAYABLE FROM AD VALOREM TAXES.
Shall School District No. 34 of Calcasieu Parish, Louisiana (the “District”) incur debt and issue bonds in an amount not exceeding $34,000,000 for a period not to exceed twenty (20) years from the date thereof, with interest at a rate not exceeding Nine (9%) percent per annum, for the purpose of acquiring and/or improving lands for building sites and playgrounds, purchasing, erecting, enlarging and/or improving school buildings and other school related facilities within and for the District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, which said bonds shall be retired with, paid from and secured by ad valorem taxes on all taxable property within the limits of the District sufficient in rate and amount to pay said bonds in principal and interest?
and
WHEREAS, pursuant to said resolution calling said special election, and the notice of said election, the Calcasieu Parish School Board as the governing authority (the “Governing Authority”) of School District No. 34 of Calcasieu Parish, Louisiana (the “Issuer”), did on July 23, 2002, meet in open session and canvass the returns of said election and did declare said election to have resulted in favor of said proposition; and
WHEREAS, the Governing Authority now deems it in the public interest to authorize issuance, sale and delivery of $14,000,000 General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2005 Series;
WHEREAS, the Governing Authority deems it to be in the public interest that it accept the lowest and best bid received for the purchase of the Bonds reflected above, together with the good faith check which accompanies such bid;
WHEREAS, pursuant to Notice of Sale duly published, the Bonds have been sold to Morgan Keegan & Company, Inc., of New Orleans, Louisiana, at the price of not less than par and accrued interest to date of delivery, the bid of said purchaser being in full as follows:
We offer to purchase FOURTEEN MILLION AND NO/100 ($14,000,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2005 Series, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on January 15 and July 15 of each year, beginning January 15, 2006, maturing serially, WITH OPTION OF PRIOR PAYMENT, all in accordance with the Notice of Bond Sale and Official Statement, all the terms and conditions of which by reference are made a part hereof, and bearing interest at rates as follows, viz:
MATURITY PRINCIPAL INTEREST MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE PER DATE AMOUNT RATE PER
(Jan. 15) ANNUM (Jan. 15) ANNUM
2006 445,000.00 7.00% 2016 690,000.00 3.75%
2007 470,000.00 7.00% 2017 725,000.00 3.85%
2008 485,000.00 7.00% 2018 760,000.00 4.00%
2009 510,000.00 7.00% 2019 790,000.00 4.00%
2010 530,000.00 5.375% 2020 825,000.00 4.10%
2011 560,000.00 3.20% 2021 865,000.00 4.15%
2012 580,000.00 3.375% 2022 900,000.00 4.20%
2013 605,000.00 3.375% 2023 945,000.00 4.25%
2014 635,000.00 3.50% 2024 985,000.00 4.35%
2015 665,000.00 3.70% 2025 1,030,000.00 4.40%
We will pay the principal sum of FOURTEEN MILLION AND NO/100 ($14,000,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $ -0- .
For your information, we calculate the lowest effective interest rate to School District No. 34 to be 4.162328 %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.
Bonds bid for herein will be delivered and shall be paid for on or about January 19, 2005 at such place in Louisiana, and on such business day and at such hour, as the Issuer shall fix on five business days’ notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder, it being understood that School District No. 34 will furnish to us, free of charge, at the time of delivery of the Bonds, the qualified approving legal opinion of Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana, and a certified transcript of this proceeding.
In accordance with the Notice of Bond Sale, we enclose herewith (certified) (cashier’s) check(s) number(s) 10003812 drawn on Whitney National Bank of New Orleans, Louisiana , in the amount of TWO HUNDRED EIGHTY THOUSAND AND NO/100 ($280,000.00) DOLLARS, which is tendered as evidence of our good faith in accordance with and under the provisions of the Official Statement and of the Notice of Bond Sale. Said check shall be returned to the undersigned upon award of the Bonds, provided this proposal is not accepted; otherwise, to be retained uncashed by School District No. 34 of Calcasieu Parish, Louisiana, and returned upon delivery of the Bonds and payment therefor, or to be cashed and forfeited as and for full liquidated damages in case of the failure of the undersigned to make such payment.
We acknowledge and understand the Bonds will not be designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
This bid complies with the terms stipulated in the aforesaid Notice of Bond Sale, the receipt of which Notice of Bond Sale is hereby acknowledged.
NOW THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, governing authority of School District No. 34 of Calcasieu Parish, Louisiana, as follows:
SECTION 1. Definitions. As used herein the following terms shall have the following meanings, unless the context otherwise requires:
“Agreement” means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
“Bond” means any 2005 Series Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any bond previously issued.
“Bond Register” means the record kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
“Bonds” means the General Obligation Public School Improvement Bonds, 2005 Series of the Issuer, authorized by this Resolution, in the total aggregate principal amount of Fourteen Million Dollars ($14,000,000).
“Business Day” means a day of the year other than a day on which banks in the city in which the Paying Agent is located are required or authorized to remain closed or the New York Stock Exchange is closed.
“Code” means the Internal Revenue Code of 1986, as amended.
“Debt Service Fund” shall have the meaning ascribed to such term in Section 10 hereof.
“Defeasance Obligations” shall mean (a) cash, or (b) non-callable Government Securities.
“Executive Officers” means, collectively, the President and Secretary of the Governing Authority.
“Governing Authority” means the Calcasieu Parish School Board.
“Government Securities” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, and may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
“Interest Payment Dates” means January 15 and July 15 of each year beginning January 15, 2006.
“Issuer” means School District No. 34 of Calcasieu Parish, Louisiana.
“Outstanding” when used with respect to the Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
1. Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation.
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the Owners of such Bonds, provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived.
3. Bonds in exchange for or in lieu of which other bonds have been registered and delivered pursuant to this Resolution.
4. Bonds alleged to have been mutilated, destroyed, lost, or stolen, which have been paid as provided in this Resolution or by law.
5. Bonds for the payment of principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
“Owner” or “Owners” or “Registered Owner” when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register, as herein provided.
“Paying Agent” means Argent Trust, a Division of National Independent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution, and thereafter “Paying Agent” shall mean such successor Paying Agent.
“Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.
“Purchaser” means the original purchaser or purchasers of the Bonds.
“Record Date” for the interest payable on any Interest Payment Date means the first calendar day of the month in which an Interest Payment is due, whether or not such day is a Business Day.
“Resolution” means this Resolution authorizing issuance of the Bonds.
SECTION 2. Authorization of Bonds; Maturities. In compliance with and under the authority of the provisions of Article VI, Section 33 and Article VII, Section 26(E) of the Constitution of the State of Louisiana of 1974, as amended, and those portions of Part II of Article VII of the Constitution of 1974 of the State of Louisiana not repealed by the 1977 Louisiana Legislature, and Sub-Part A, Part III, Chapter 4, Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and constitutional and statutory authority supplemental thereto, and pursuant to proceedings regularly and legally taken by the Issuer, and a special election held within the Issuer on July 20, 2002, there is hereby authorized the incurring of an indebtedness of Fourteen Million Dollars ($14,000,000) for, and on behalf of and in the name of the Issuer, for the purpose of acquiring and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor, a work of public improvement, title to which school improvements shall be in the public, and to pay the cost of issuance of the Bonds, and to represent said indebtedness this Governing Authority does hereby authorize issuance of Fourteen Million Dollars ($14,000,000) of General Obligation Public School Improvement Bonds, 2005 Series, of the Issuer. The Bonds shall be in fully registered form, shall be dated January 15, 2005, shall be issued in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and shall be numbered consecutively from R-001 upward and shall mature in the years and in the principal amounts set out in the following schedule. The unpaid principal of the Bonds shall bear interest from date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing January 15, 2006, at rates of interest of not to exceed 9% per annum, as determined by receipt of sealed bids pursuant to advertisement, and maturing in the principal amounts as set out in the following schedule:
MATURITY PRINCIPAL INTEREST MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE PER DATE AMOUNT RATE PER
(Jan. 15) ANNUM (Jan. 15) ANNUM
2006 445,000.00 7.00% 2016 690,000.00 3.75%
2007 470,000.00 7.00% 2017 725,000.00 3.85%
2008 485,000.00 7.00% 2018 760,000.00 4.00%
2009 510,000.00 7.00% 2019 790,000.00 4.00%
2010 530,000.00 5.375% 2020 825,000.00 4.10%
2011 560,000.00 3.20% 2021 865,000.00 4.15%
2012 580,000.00 3.375% 2022 900,000.00 4.20%
2013 605,000.00 3.375% 2023 945,000.00 4.25%
2014 635,000.00 3.50% 2024 985,000.00 4.35%
2015 665,000.00 3.70% 2025 1,030,000.00 4.40%
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Registered Owner at the address shown on the Bond Register. The person in whose name any Bond is registered at the close of business on the Record Date with respect to an Interest Payment Date (unless such Bond has been called for redemption on a redemption date which is prior to such Interest Payment Date) shall be entitled to receive the interest payable with respect to such Interest Payment Date notwithstanding the cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date. Each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond will bear interest (as herein set forth) so that neither gain nor loss interest shall result from such transfer, exchange or substitution.
No Bond will be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3. Redemption Provisions. Those Bonds maturing in the years 2006 to 2010, inclusive, shall not be subject to redemption prior to maturity. Those Bonds maturing January 15, 2011 and thereafter shall be callable for redemption by the Issuer in full at any time on or after January 15, 2010, or in part in the inverse order of their maturities, and if less than a full maturity then by lot within such maturity, on any Interest Payment Date on or after January 15, 2010, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for to the date fixed for redemption.
In the event a Bond to be redeemed is of a principal amount denomination larger than $5,000, a portion of such Bond ($5,000 principal amount or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal amount of the Bond so surrendered. Official notice of such call of any of the Bonds for redemption will be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date, addressed to the Owner of each Bond to be redeemed as shown on the Bond Register.
SECTION 4. Exchange of Bonds; Persons Treated as Owners. The Issuer shall cause books for registration and for transfer of the Bonds (the “Bond Register”), as provided in this Resolution to be kept at the principal office of the Paying Agent, and the Paying Agent is hereby constituted and appointed the Registrar for the Bonds. The Bonds may be transferred, registered and assigned, at the expense of the Issuer, only upon the Bond Register upon surrender thereof at the principal office of the Paying Agent and by execution of the assignment form on the Bonds or by other instrument of transfer and assignment in such form as shall be satisfactory to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds within three (3) business days after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds must be in the principal amount denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent will be required to issue, register the transfer of or exchange any Bond during a period beginning (i) at the opening of business on the Record Date, or (ii) with respect to any Bond called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of mailing of a notice of redemption of such Bond and ending on the date of such redemption. The execution by the Issuer of any fully registered Bond shall constitute full and due authorization of such Bond and the Paying Agent shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, that the principal amount of outstanding Bonds of each maturity authenticated by the Paying Agent shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements, subject to the provisions of Section 18 hereof. The Issuer is authorized to prepare, and the Paying Agent shall keep custody of, multiple Bond blanks executed by the Issuer for use in the transfer and exchange of Bonds.
SECTION 5. Registered Owner. As to any Bond, the Person in whose name the same shall be registered as shown on the Bond Register required by Section 4, shall be deemed and regarded as the absolute Owner thereof for all purposes, and payment of or on account of the principal of and premium, if any, and interest on any such Bond shall be made only to or upon the order of the Registered Owner thereof or his legal representative, and the Issuer and the Paying Agent shall not be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid.
SECTION 6. Form of Bonds. The Bonds and the endorsements to appear thereon will be in substantially the following form, to-wit:
(FACE OF BOND)
UNITED STATES OF AMERICA STATE OF LOUISIANA
PARISH OF CALCASIEU
REGISTERED REGISTERED
NO. R-____________ $____________
GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BOND OF
SCHOOL DISTRICT NO. 34 OF
CALCASIEU PARISH, LOUISIANA
2005 SERIES
DATED DATE INTEREST RATE: MATURITY DATE: CUSIP:
January 15, 2005
School District No. 34 of Calcasieu Parish, Louisiana (herein called the “Issuer”), for value received, hereby acknowledges itself indebted and promises to pay to
REGISTERED OWNER:
PRINCIPAL AMOUNT
(Lower Left)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
BATON ROUGE, LOUISIANA
This Bond secured by a tax. Registered
on the ______ day of January, 2005.
____________________________
SECRETARY OF STATE
PAYING AGENT/REGISTRAR’S
CERTIFICATE OF REGISTRATION
This Bond is one of the Bonds referred
to in the within mentioned Bond Resolution.
Argent Trust, a Division of
National Independent Trust Company
in the City of Ruston, Louisiana,
as Paying Agent/Registrar
By:___________________________
Date of Authentication:
(Lower Right)
or registered assigns, on the maturity date set forth above, the principal amount set forth above, together with interest thereon from the date hereof, said interest payable semi-annually on January 15 and July 15 in each year, beginning January 15, 2006, at the interest rate per annum set forth above until said principal sum is paid, unless this Bond has been previously called for redemption and payment shall have been duly made or provided for. The principal of this Bond upon maturity or redemption is payable in lawful money of the United States of America at the principal corporate trust office of Argent Trust, a Division of National Independent Trust Company located in the City of Ruston, Louisiana (the Paying Agent/Registrar), or successor thereto, upon presentation and surrender hereof. Interest on this Bond is payable by check mailed on each interest payment date by the Paying Agent/Registrar to the registered owner (determined as of the first calendar day of the month in which an Interest Payment is due) at the address, as shown on the books of the Paying Agent/Registrar.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution defined hereinafter until the Certificate of Registration hereon shall have been signed by the Paying Agent/Registrar.
IN WITNESS WHEREOF, the Calcasieu Parish School Board, acting as the governing authority of School District No. 34 of Calcasieu Parish, Louisiana, has caused this Bond to be executed in its name by the facsimile signatures of its President and Secretary and the impress or imprint hereon of the seal of said School Board, and this Bond to be dated January 15, 2004.
CALCASIEU PARISH SCHOOL BOARD
/s/ [facsimile] /s/ [facsimile]
SECRETARY PRESIDENT
(REVERSE OF BOND)
ADDITIONAL PROVISIONS
This Bond is one of an issue, the Bonds of which are all of like date, tenor and effect, except as to the number, maturity and rate of interest, aggregating in principal the sum of FOURTEEN MILLION AND NO/100 ($14,000,000) DOLLARS; said Bonds to mature annually, issued pursuant to a resolution adopted on December 7, 2004, by the Issuer (the “Bond Resolution”), under and by virtue of Article VI, Section 33 and Article VII, Section 26(E) of the Constitution of 1974 of the State of Louisiana, and those portions of Part II of Article VII of the Constitution of 1974 of the State of Louisiana not repealed by the 1977 Louisiana Legislature, and Subpart A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter, and pursuant to proceedings regularly and legally taken by the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds, purchasing, erecting, enlarging and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor.
This Bond and the issue of which it forms a part are payable out of the receipt of unlimited ad valorem taxes levied on all properties subject to taxation within School District No. 34 of Calcasieu Parish, Louisiana.
The Paying Agent/Registrar for this issue is Argent Trust, a Division of National Independent Trust Company, Louisiana, Ruston, Louisiana. This Bond shall pass by delivery on the books of the Issuer to be kept for that purpose at the principal corporate trust office of the Registrar and such registration is noted hereon. After such registration no transfer shall be valid unless made on said books at said office by the registered owner in person or by his duly authorized attorney and similarly noted hereon. This Bond may not be discharged from registration by like transfer to bearer. The Issuer and the Registrar may treat the registered owner as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and shall not be bound by any notice to the contrary.
Those Bonds maturing in the years 2006 to 2010, inclusive, shall not be subject to redemption prior to maturity. Those Bonds, or portions thereof in multiples of $5,000, maturing in the years 2011 to 2025, inclusive, shall be subject to redemption prior to their stated maturities, at the option of the Issuer, in such order as the Issuer may determine and by lot within any maturity, on any interest payment date on or after January 15, 2010, at par and accrued interest to the date fixed for redemption.
Official notice of such call for redemption of any of the Bonds shall be given not less than thirty (30) days prior to the redemption date by means of registered or certified mail by notice deposited in the United States mail addressed to the Paying Agent/Registrar and to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent/Registrar. In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond necessary to constitute the same as a legal, binding and valid obligation of the Issuer, have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond, does not exceed any limitation prescribed by the Constitution and statutes of the State of Louisiana.
ASSIGNMENT
FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:___________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
(FORM OF LEGAL OPINION CERTIFICATE -
TO BE PRINTED ON ALL BONDS)
I, the undersigned Secretary of the Calcasieu Parish School Board, governing authority of School District No. 34 of Calcasieu Parish, Louisiana, do hereby certify that the above and foregoing is a true copy of the complete legal opinion of Joseph A. Delafield, A Professional Corporation, Lake Charles, Louisiana, Bond Counsel, the original of which was manually executed, dated and issued as of the date of payment for and delivery of the Bonds of the issue described therein and was delivered to the Original Purchasers thereof. I further certify that an executed copy of the above-referenced legal opinion is on file in my office and that an executed copy thereof has been furnished to the Paying Agent/Registrar for this Bond.
Secretary
SECTION 7. Execution of Bonds. The Bonds shall be signed by the Executive Officers of the Issuer for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile and the delivery of any Bond so executed at any time thereafter shall be valid although, before the date of delivery, the persons signing the Bonds cease to hold office.
SECTION 8. Registration with Secretary of State. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State of Louisiana in substantially the form set forth herein, provided such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and any Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9. Pledge of Full Faith and Credit; Tax Levy. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged to the punctual payment or the Bonds in accordance with the authority of Article VI, Section 34 of the Constitution of the State of Louisiana of 1974, as amended, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and constitutional and statutory authority supplemental thereto. The Issuer obligates itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes an ad valorem tax on all property subject to taxation within the territorial limits of the Issuer sufficient to pay principal of and interest on the Bonds falling due in each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer. The proceeds of such tax shall be devoted and applied to the payment of said interest and principal as such shall become due, and without further action on the part of the Governing Authority, the proper officer or officers are hereby authorized and directed, for the year 2005 and each year thereafter, to include in the annual levy of taxes upon, and to extend upon the assessment rolls against, all taxable property situated within the territorial limits of the Issuer, a sum sufficient to pay the principal of, premium, if any, and interest on the Bonds becoming due the ensuing year. The Issuer shall deposit the avails of said tax in the “Debt Service Fund” herein provided for. Principal or interest falling due at any time when the proceeds of said tax levy may not be available shall be paid from other funds of the Governing Authority, and such funds shall be reimbursed from the proceeds of said taxes when said taxes shall have been collected. The Issuer covenants and agrees with the Purchaser and the Owner of the Bonds that so long as any of the Bonds remain outstanding, the Issuer will take no action or fail to take any action which in any way would adversely affect the ability of the Issuer to levy and collect the foregoing tax levy, and the Issuer and its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes will be levied, extended and collected as provided herein and deposited in the Debt Service Fund established in Section 10 to pay the principal of and interest on the Bonds.
SECTION 10. Debt Service Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the “Debt Service Fund”), into which the Issuer will deposit the proceeds of the aforesaid special tax and accrued interest on the Bonds. The depository for the Debt Service Fund shall transfer from the Debt Service Fund to the Paying Agent at least one (1) business day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute secured funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
At the written request of the Issuer, all or any part of the moneys in the Debt Service Fund shall be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Debt Service Fund.
Immediately upon issuance of the Bonds, moneys paid to the Issuer by the Purchaser as accrued interest, if any, shall be deposited by the Issuer into the Debt Service Fund and utilized to pay interest on the Bonds on the Interest Payment Date next due.
SECTION 11. Application of Proceeds; 2005 Project Fund. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution. The proceeds derived from the sale of the Bonds, other than accrued interest upon the Bonds which shall be deposited into the Debt Service Fund in accordance with the provisions of Section 10 hereof, shall be deposited into a fund separate and apart from the general funds of the Governing Authority, namely, the “School District No. 34 Improvement Fund” (the “2005 Project Fund”) hereby created, and disbursements shall be made from the 2005 Project Fund solely and only for the purposes for which the Bonds are being issued and for which the principal proceeds are hereby appropriated.
Earnings, if any, upon the invested proceeds of the Bonds within the 2005 Project Fund shall be maintained within the 2005 Project Fund and utilized solely and only for (i) the purposes for which the Bonds are being issued and/or (ii) payment of any required rebate of excess arbitrage profits to the United States Treasury.
SECTION 12. Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer, and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13. Resolution a Contract. The provisions of this Resolution and the Bonds shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds then outstanding.
SECTION 14. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with issuance of the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
“It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.”
SECTION 15. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 16. Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 17. Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 18. Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receives evidence to its, satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall, under the authority of Part XI of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other outstanding Bonds. Any additional procedures set forth in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 19. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Principal or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 20. Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or Resolution giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank organized and doing business under the laws of the United States of America or of any state, authorized under such laws to serve as Paying Agent, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of such officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 21. Non-Arbitrage Representations, Warranties and Covenants. The Governing Authority of the Issuer certifies and covenants that so long as the Bonds remain outstanding, moneys on deposit in any fund in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause such Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code or ruling or regulations promulgated thereunder.
The Governing Authority hereby authorizes the Executive Officers of the Issuer to be responsible for issuing the Bonds to make such further covenants and certifications as may be necessary to assure that the use thereof will not cause the Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be excludable from gross income for purposes of federal income taxation. In connection therewith, the Issuer and the Governing Authority further agree:
(a) through the Executive Officers to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving the Bonds and to comply with such advice as may be given; (c) to pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (d) to file such forms, statements and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by the Executive Officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the Issuer in such compliance.
SECTION 22. Printing and Delivery of Bonds. The Executive Officers of the Issuer are hereby empowered, authorized and directed to cause the necessary Bonds to be printed or lithographed, and they are hereby further empowered, authorized and directed to sign, execute and seal all of the Bonds as herein provided and cause the same to be registered with the Secretary of State, all in accordance with the provisions of law and this Resolution.
SECTION 23. Notice of Bond Sale and Preliminary Official Statement. The publication of a Notice of Bond Sale pertaining to the sale of the Bonds, in the form so published, and the distribution of the disclosure material in the Preliminary Official Statement in connection therewith are hereby ratified and confirmed in all respects by this Governing Authority, and the Issuer and the Governing Authority hereby certify that such disclosure material is deemed final by the Issuer and Governing Authority as of its date for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934.
SECTION 24. Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the Southwest Daily News, the official journal of the Issuer. For a period of thirty (30) days from the date of such publication, any person in interest shall have the right to contest the legality of this Resolution and of the Bonds to be issued pursuant hereto and the provisions hereof securing the Bonds. After the expiration of said thirty (30) days, no one shall have any right of action to contest the validity of the Bonds or the provisions of this Resolution, and the Bonds shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.
SECTION 25. Savings Clause. In case any one or more of the provisions of this Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but the Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date or dates of this Resolution and of the Bonds which validates or makes legal any provision of this Resolution or the Bonds which would not otherwise be valid or legal, shall be decreed to apply to this Resolution and to the Bonds.
SECTION 26. Bank Qualification. The Issuer has determined that the Bonds will not be designated as “qualified tax-exempt obligations” within the meaning of section 265(b)(3) of the Code.
SECTION 27. Additional Parity Bonds. The Issuer hereby expressly reserves the right to issue from time to time additional bonds payable from and secured by ad valorem taxation on a parity with the Bonds.
SECTION 28. Continuing Disclosure Agreement. The Issuer has authorized the execution and delivery of a Continuing Disclosure Agreement pursuant to Section (d)(2) of the Securities and Exchange Commission Rule 15c2-12 (the “Continuing Disclosure Agreement”). The Continuing Disclosure Agreement executed and delivered by the President and Secretary of the Governing Authority as heretofore authorized by resolution providing for the sale and delivery of the Bonds to the Purchaser is ratified, approved and confirmed. The Issuer, acting through the Governing Authority, hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Resolution, failure of the Issuer or the Governing Authority to comply with the Continuing Disclosure Agreement shall not be considered a default hereunder. However, any Participating Underwriter, as defined in the Continuing Disclosure Agreement, or any Bond Owner may take such actions under Louisiana law as may be necessary and appropriate, including seeking a mandatory injunction, writ of mandamus or other order or judgment for specific performance by court order to cause the Issuer and/or the Governing Authority to comply with its obligations under the Continuing Disclosure Agreement and this Section and the provisions of this Resolution heretofore adopted authorizing the Continuing Disclosure Agreement.
SECTION 29. Further Acts. All acts and doings of the Executive Officers of the Issuer which are in conformity with the purposes and intent of this Resolution are hereby in all respects ADVANCE \d 0ratified, approved and confirmed.
SECTION 30. Administration of Bond Proceeds. In accordance with and pursuant to the provisions of Subpart A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, the Governing Authority of the Issuer is hereby confirmed as administrator of the funds of the Issuer, and is further charged with the responsibilities of investing the proceeds of the Bonds in accordance with the terms of this Resolution and the Letter of Investment Instructions which is annexed hereto as Exhibit I. The Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and Ex-officio Secretary of the Governing Authority shall signify his acceptance of the responsibilities set forth herein and within the Letter of Investment Instructions by his execution of the Letter of Investment Instructions.
SECTION 31. Beneficiaries of the Resolution. The provisions of this Resolution are for the sole benefit of the Owners of the Bonds and beneficial owners of the Bonds, and nothing contained herein, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Resolution, and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Resolution or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell the Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO OWNERS OF THE BONDS OR BENEFICIAL OWNERS OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS RESOLUTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the Issuer in observing or performing its obligations under Sections 28 and 26 hereof shall constitute a breach of or default under this Resolution.
SECTION 32. Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 34. Repealer. All resolutions or Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in effect from and after its passage.
SECTION 34. Effective Date of Resolution. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 7th day of December, 2004.
/s/ James W. Pitre
JAMES W. PITRE, President
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
(Other business not pertinent to the above appears in the minutes of the meeting.)
Pursuant to motion duly made and carried, the meeting was adjourned.
/s/ James W. Pitre
JAMES W. PITRE, President
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
STATE OF LOUISIANA
PARISH OF CALCASIEU
I, JUDE W. THERIOT, certify that I am the duly qualified and acting Superintendent of Schools of Calcasieu Parish, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board, the governing authority of School District No. 34 of Calcasieu Parish, Louisiana.
I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a meeting of the Calcasieu Parish School Board held on December 7, 2004, and of a resolution adopted at said meeting as said minutes and resolution appear officially of record in my possession.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of School District No. 34 of Calcasieu Parish, Louisiana, on this 7th day of December, 2004.
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Resolution Authorizing the President to Sign Pertinent Documents Related to the Assumption of the Head Start Program
Mr. Duhon made a motion, seconded by Mr. Webb, to approve the Resolution as presented. Concern was expressed relative to the retention of African/American teachers. It was noted that applications would be accepted from all teachers meeting mandated certification qualifications. After a brief discussion, Mr. Pitre called for a vote on the motion. The motion carried with two nays by Mrs. Duhon and Rev. Franklin. The Resolution states:
RESOLUTION
A resolution authorizing the President to sign any and all documents related to and necessary for the assumption of the Calcasieu Head Start Program effective January 1, 2005.
BE IT RESOLVED, by the Calcasieu Parish School Board in regular session convened that:
Section 1:
The President of the Calcasieu Parish School Board is hereby authorized to sign any and all documents related to and necessary for the assumption of the Calcasieu Head Start Program.
Section 2:
The President is further authorized to include any provisions in any agreement which he deems necessary to protect the interests of the Calcasieu Parish School Board.
PASSED AND ADOPTED at Lake Charles, Louisiana on this the day of
, 2004.
WITNESSES: CALCASIEU PARISH SCHOOL BOARD
________________________ BY: ________________________________
JUDE W. THERIOT, SECRETARY
CALCASIEU PARISH SCHOOL BOARD
Election of Officers for 2005
Mr. Pitre opened the floor for nominations for the office of Vice-President of the Calcasieu Parish School Board for 2005.
Mr. Falgout nominated Dr. Ed Stephens for the position of Vice-President of the Board for 2005.
Mr. Bernard moved that the nominations cease and Dr. Stephens be elected by acclamation. No second was necessary; Dr. Stephens was elected as Board Vice-President for 2005, by acclamation.
Mr. Pitre opened the floor for nominations for the office of President of the Calcasieu Parish School Board for 2005.
Mr. Karr nominated Joe Andrepont for the position of President of the Board for 2005.
Mr. Falgout moved that the nomination cease and Mr. Andrepont be elected by acclamation. No second was necessary; Mr. Andrepont was elected as Board President for 2005, by acclamation.
Mr. Andrepont thanked the Board for their confidence and stated that he was privileged to serve as President.
Sulphur High School Band/LaGrange High School Band Trip to Winterpark, Colorado, April 13-17, 2005
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, the Sulphur High School and LaGrange High School band trip to Winterpark, Colorado, on April 13-17, 2005, was approved.
Final Action - Policy IFCB, Field Trips and Excursions
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: IFCB
Cf: EDAE, IFCB-AP
FIELD TRIPS AND EXCURSIONS
The Calcasieu Parish School Board recognizes that educational field trips and trips to various types of contests for instructional purposes help provide desirable learning experiences. The Superintendent has the responsibility for the development of administrative criteria governing field trips and excursions. Only those field trips, however, that grow out of the instructional program or are otherwise related to the program are to be permitted on school time. Other trips such as those involving band and athletic activities should be confined to non-school time, except where the school is engaged in competition or a contest that requires use of school time.
Whenever a band or organization is requesting Board approval of an out-of-state trip, a representative of the band or organization shall appear before the Board.
Teachers planning on conducting field trips or out-of-class learning experiences shall submit, through the principal, an application in writing to the Superintendent or his designee for approval. Not more than four (4) field trips should be made by any class during each school year, and those should be distributed throughout the school year. Before any trip or excursion is taken, written parental permission forms shall be secured for every pupil planning to take the trip. Students who have not submitted signed parental permission forms shall not be allowed to make the trip.
Before approval of any field trip is given, it shall be determined whether the trip is covered by the Board's liability insurance. No travel shall be authorized where coverage cannot be secured prior to the trip commencing. Except in extreme cases approved by the principal of the school, private vehicles shall not be used for transporting children on field trips. Only buses, owned by or contracted to the school district, and driven by certified drivers shall be permitted, except as noted above.
The Board does not endorse the use of private vehicles to transport students to and/or from interscholastic activities. However, it recognizes the need for additional transportation at certain times; and the use of private vehicles may be utilized for the transportation of students to interscholastic activities provided that (1) students being thus transported provide the school with liability release forms signed by the students' parents/guardians, (2) all such vehicles are driven by properly licensed adults and (3) the name of the driver, a copy of the driver's license, and proof of insurance coverage are provided the principal prior to the use of the private vehicle.
STUDENT EXCURSIONS
Whenever any student trip or excursion utilizes the services of a travel agent or booking agent to provide or arrange for transportation or lodging, the School Board shall require the travel agent or booking agent to provide proof of adequate insurance and present to the Board a surety bond sufficient to insure recovery of all monetary advances as a result of nonperformance.
The amount of the bond shall be at least equal to any payments made to the travel agent agency or booking agent prior to the date of travel. In addition, any bond issued shall be from a surety company licensed to do business in Louisiana and approved by the Board. A certified check from the travel agency covering the full amount of advanced payment may be accepted by the Board, but only when a bond is not available.
Additional regulations governing field trips or excursions for students that involve travel or lodging may be maintained by the Superintendent and staff.
The principal of a junior high, middle school, or high school shall be prohibited from approving any field trip or extracurricular activity promoted by any individual, organization, or entity which plans, promotes, or organizes travel arrangements, unless the trip or activity is in accordance with all Board and staff established criteria, and is covered by proper insurance and an acceptable surety bond.
Revised: February, 1999
Revised: September, 2004
Ref: La. Rev. Stat. Ann. §§17:81, 17:176.1; Board minutes, 1-19-99.
Final Action - Policy BBBE, Board Member Compensation and Expenses
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
File: BBBE
Cf: DJD
BOARD MEMBER COMPENSATION AND EXPENSES
The Calcasieu Parish School Board shall provide an expense allowance and provide for expense reimbursement for its members in accordance with state law. Board members shall also be authorized to receive reimbursement for mileage going to and from meetings as well as reimbursement for actual travel and related expenses outside the jurisdictional boundaries of the Board while on official School Board business, all in accordance with Board policy.
Any action increasing the compensation for Board members shall require a two-thirds vote of the total membership. Before any action is taken, however, the Board shall advertise the time and place where the meeting is to be held to consider the expense allowance in the official journal of the Board on at least two (2) separate days during the fifteen (15) days immediately preceding such meeting.
The President of the Board shall be entitled to receive one additional per diem allowance in his/her capacity as President.
BOARD MEMBER TRAVEL
Board members shall be permitted to attend the National School Boards Association (NSBA) convention, the Louisiana School Boards Association (LSBA) convention, or a meeting whereby the LSBA has requested a member’s appearance. Attendance by Board members at any other meetings involving out-of-state travel shall require Board approval by a two-thirds vote.
Revised: November, 1993
Revised: August, 2003
Revised: January, 2004
Revised: August, 2004
Ref: La. Rev. Stat. Ann. ''17:56, 17:81; Board minutes, 10-14-03.
Final Action - Policy JCDAF, Bullying, Intimidation, Harassment, and Hazing
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
File: JCDAF
Cf: JCED
BULLYING, INTIMIDATION, HARASSMENT, AND HAZING
The Calcasieu Parish School Board is committed to maintaining a safe, orderly, civil and positive learning environment so that no student feels threatened while in school or participating in school-related activities. Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all. Therefore, all statements or actions of a bullying, intimidating, threatening, harassing, hazing, or any other violent nature made on campus, at school-sponsored activities, on school buses, at school bus stops, and en-route from home to the bus stop and from the bus stop home shall not be tolerated. Even if made in a joking manner, these statements or actions threatening other students, school personnel, or school property shall be unacceptable.
All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.
BULLYING, INTIMIDATION, HARASSMENT
Bullying, intimidation and harassment shall mean any intentional gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a student or damaging his/her property or placing a student in reasonable fear of harm to his/her life or person or damage to his/her property and is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student.
HAZING
Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which subjects another student to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a public elementary or secondary school, whether such behavior is planned or occurs on or off school property, including any school bus and school bus stop. Hazing does not mean any adult-directed and school-sanctioned athletic program practice or event or military training program.
Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited. The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.
REPORTING PROCEDURES
Any student who believes he or she has been the victim of bullying, intimidation, threatening behavior, harassment or hazing by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extracurricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts to any appropriate school district official.
Any teacher, administrator, or other school personnel who has or receives notice that a student has or may have been the victim of bullying, intimidation, threatening behavior, harassment, or hazing at school or any school activity shall be required to immediately report the alleged acts to an appropriate school district official.
At the School Building Level
The principal shall be the person responsible at the school level for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Any other school administrator, teacher, or other school personnel who receives a report of bullying, intimidation, threatening behavior, harassment or hazing of a student shall immediately inform the principal, who shall notify the Superintendent or his/her designee.
Other Sites
Building administrators designated by the Superintendent at each administrative, support, or maintenance site shall be responsible for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Upon receipt of a report, the building administrator shall immediately notify the Superintendent or his/her designee.
FORMAL PROCEDURES FOR HANDLING COMPLAINTS
Upon receipt of a complaint of bullying, the school principal or his/her designee will:
STEP 1) Within three (3) school days: thoroughly investigate the complaint; apply appropriate disciplinary action; and provide notice of the disposition of the complaint and appeal process to the involved students and their guardians.
STEP 2) In the event any party is not satisfied with the disposition of the complaint at Step 1, that party may appeal to the appropriated Assistant Superintendent/ Administrative Director. The appeal shall be in writing on the designated appeal form and delivered to the appropriate Assistant Superintendent/Administrative Director within five (5) school days following notice of disposition.
STEP 3) The Assistant Superintendent/Administrative Director shall within ten (10) school days, investigate and meet with the concerned parties. Disposition shall be made no later than five (5) school days following conclusion of the investigation.
Notice of the disposition shall be furnished to the appropriate parties.
STEP 4) In the event the concerned parties are not satisfied with the disposition of the appeal at Step 3, they may appeal in writing within five (5) school days to the Superintendent. Within ten (10) school days of receipt of the appeal, the Superintendent or his/her designee shall conduct a review and provide a written disposition to the appropriate parties.
STEP 5) In the event the parties concerned are not satisfied with the disposition of the appeal at Step 4, or if no disposition has been made in Step 4, the concerned parties may appeal to the Calcasieu Parish School Board within five (5) school days. The appeal shall be in writing and shall request that the Superintendent place the concern on the agenda of the next regularly scheduled Board meeting.
All reports received shall be properly and adequately investigated.
DISCIPLINARY ACTION
The school district shall take appropriate action in response to a report following an investigation of any alleged bullying, intimidation, threatening behavior, harassment, or hazing of a student. When the report determines that the alleged act or conduct appears to be in violation of this policy, disciplinary action shall be taken as outlined in the Student Code of Conduct. The principal/designee shall contact the parent, tutor, or legal guardian of the pupil being disciplined for alleged misconduct to notify them of the disciplinary action.
Whenever the act or conduct determined to be a violation of this policy may also constitute a violation of state or federal criminal statute, the appropriate law enforcement officer shall be promptly notified.
Appeal
The parent of a student disciplined for violation of this policy may appeal to the Superintendent or his/her designee no later than five (5) days after being notified of the disciplinary action. The Superintendent or his/her designee shall review all documentation regarding the incident, and if determined to be necessary by the Superintendent or designee, conduct a hearing on the matter. The results of the review or hearing shall be sent to the parents or legal guardian within three (3) school days. The decision of the Superintendent shall be final, except for a student expulsion, which may be appealed to the School Board in accordance with statutory provisions.
DISSEMINATION OF POLICY
This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel.
The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students.
Revised: July, 2004
Ref: La. Rev. Stat. Ann. ''17:183, 17:416, 17:416.13; Board minutes, 8-5-03.
Final Action - Policy CN, Administrative Records
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: CN
Cf: DIE, GAK, JR
ADMINISTRATIVE RECORDS
School district records are public records and are available for inspection by any person at reasonable times during working hours. However, certain school documents, such as pupil school health records, pupil report cards, supervisory reports on teachers, budget worksheets, and personnel folders are in the category of privileged information and are not public records. Access to or release of privileged information such as pupil or personnel records, shall be governed by appropriate regulations and procedures.
Official records of the school district shall not leave the school or district premises except for official school business. Copies of school district records may be requested at any time. The School Board shall require any person making the request to reimburse the School Board for the actual fees and costs incurred prior to providing any document, record, or item, unless the person is exempted from providing reimbursement. Duplication of records classified as privileged information shall not be permitted.
Any person may request in writing, a time to see such public records at a mutual, agreeable time with the office of the Superintendent and such time and place will be mutually stipulated during normal working hours. Any request to view records shall clearly state the specific records desired.
Notwithstanding any other provisions of law or rules or regulations to the contrary, the School Board, upon majority vote of the total Board membership, shall have the right to examine any or all records of the school system.
EMPLOYEES' SOCIAL SECURITY NUMBERS
Except as required by applicable law, regulation, or policy of the Louisiana Board of Elementary and Secondary Education (BESE), the School Board shall not use the social security number of a teacher or school employee as a means of identification for such teacher or employee. The teacher or employee shall not be required to include or provide his/her social security number on any form or other written document unless:
1. A social security number is required by any applicable law, regulation or policy of BESE; or
2. The form or written document is required for employment, retirement, application for leave or an individualized education plan.
The School Board or any school official or employee shall not provide access to any form or document on which the social security number of a teacher or school employee appears to any person other than the following:
1. Any official or employee of the school at which the teacher or school employee works, the School Board, or the Louisiana Department of Education, when such access is necessary for the performance of the duties and responsibilities of the official or employee.
2. Any person authorized to have such access by the teacher or school employee.
PRESERVATION OF RECORDS
All persons and public bodies having custody or control of any public record, other than permanent records required by existing law to be kept for all time, shall exercise diligence and care in preserving the public record for the period or periods of time specified for such public records in formal records retention schedules developed and approved by the state archivist and director of the division of archives, records management, and history of the Department of State. In all instances in which a formal retention schedule has not been executed, such public records shall be preserved and maintained for a period of at least three (3) years from the date on which the public record was made. However, when copies of an original record exist, the original alone shall be kept; when only duplicate copies of a record exist, only one copy of the duplicate copies shall be required to be kept. When an appropriate form of the microphotographic process has been utilized to record, file, and otherwise preserve such public records, with microforms produced in compliance with statutory provisions, the microforms shall be deemed originals in themselves, and disposition of original documents which have been microphotographically preserved and of duplicates and other copies thereof shall proceed in accordance with state law.
All existing records or records hereafter accumulated by the Board, which participates in federal programs or receive federal grants, may be destroyed after three (3) years from the date on which the records were made in those cases where this provision is not superseded by guidelines for the operative federal program or grant requiring longer retention periods for the records in question; provided that these records shall not be destroyed in any case where litigation with reference thereto is pending, or until the appropriate state or federal audits have been conducted.
Revised: October, 2001
Revised: September, 2004
Ref: La. Rev. Stat. Ann. ''13:5112.1, 17:81, 17:93, 17:196, 17:230, 17:232, 17:415, 17:440, 44:1, 44:4, 44:31, 44:32, 44:36; Board minutes, 5-7-02.
Final Action - Policy GBRHA, Sabbatical Leave
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: GBRHA
SABBATICAL LEAVE
The Calcasieu Parish School Board shall grant sabbatical leave for the purpose of professional or cultural improvement or for medical leave to all teaching personnel in accordance with statutory provisions. Teaching personnel shall include any person employed by the Board who holds a valid teaching certificate issued by the State Board of Elementary and Secondary Education and any social worker, guidance counselor, or school psychologist employed by the Board who holds, as applicable, a valid professional ancillary certificate in school social work, guidance counseling, or school psychology issued by the State Department of Education.
MEDICAL SABBATICAL LEAVE
A teacher may make application for medical sabbatical leave, which shall be accompanied by a statement from a licensed physician certifying that the leave is medically necessary.
If the Board, upon review of the application, questions the validity or accuracy of the certification, the Board may require the applicant, as a condition for continued consideration of the application, to be examined by a licensed physician selected by the Board. In such a case, the Board shall pay all costs of the examination and any tests determined to be necessary. If the physician selected by the Board finds a medical necessity, the leave application shall be granted.
If the physician selected by the Board disagrees with the certification of the physician selected by the applicant, then the Board may require the applicant, as a condition for continued consideration of the application, to be examined by a third licensed appropriate physician whose name appears next in the rotation of physicians on a list established by the local medical society for such purpose and maintained by the School Board. All costs of an examination and any required tests by a third physician shall be paid by the Board. The opinion of the third physician shall decide the issue.
The opinion of all physicians consulted shall be submitted to the Board in the form of a sworn statement. All information contained in any statement from a physician shall be confidential and shall not be subject to the public records law.
SABBATICAL LEAVE FOR PROFESSIONAL OR CULTURAL IMPROVEMENT
Every person on sabbatical leave for the purpose of professional or cultural improvement, shall during each semester of leave, pursue a program of study, earning at least nine (9) undergraduate credit hours, provided such hours directly improve the person's skills and knowledge as a teacher, or six (6) graduate credit hours, or be certified as a full‑time student at an institution of higher learning accredited by the respective State Board of Education or territorial board in which such institution is located. If less than fifteen (15) weeks is spent as specified above, the number of weeks less than fifteen (15) shall be spent in either of the two (2) alternatives specified below:
(1) Pursue a program of independent study, research, authorship or investigation which involves an approximately equivalent amount of work and which is approved by the Board.
(2) Engage in travel which is so planned as to be of definite educational value and which has been approved by the Board.
ELIGIBILITY
Sabbatical leave may be granted on the ratio of two (2) semesters for twelve (12) or more consecutive semesters of active service within the employ of this Board or one (1) semester for six (6) or more consecutive semesters of such service.
At no time may more than five percent (5%) of the total number of teachers employed in a school system be on leave. Selection of employees among those who qualify for sabbatical leave must be based on years of continuous service and other criteria as specified by statute.
PROCEDURE FOR APPLICATION
A. Application for sabbatical leave shall be made on a form provided by the Superintendent of Schools. Applications shall be sent to the Superintendent by registered mail at least sixty (60) days preceding the beginning of the semester of the scholastic year for which leave is requested, with the following exception; if a teacher or other professional employee has become sick during a semester and requests medical sabbatical leave, it shall be sufficient to mail said application to the Superintendent thirty (30) days prior to the date upon which the requested leave is to commence.
The Superintendent shall inform the teacher of the approval or denial of sabbatical leave at least thirty (30) days preceding the beginning of the semester of the school year for which the leave is requested, except that, where a teacher has become sick during a semester and has requested medical sabbatical leave, the Superintendent shall inform the teacher of approval or denial of such leave as soon as possible after receipt of his/her request for leave.
B. Whenever in accordance with statutory provisions some of the applications cannot be granted, from among those which would otherwise be granted, those to be granted shall be determined in the following manner:
(1) Preference in every case shall be given to the applicant who has rendered active service in the school system for the greatest number of consecutive semesters immediately preceding the period for which leave is requested.
(2) Where any two (2) applicants rank equally in point of continuous service, preference in every case shall be given to the applicant who has rendered service in the school system for the greater total number of semesters.
(3) Where any two (2) applicants rank equally in both point of continuous service and in point of total service, preference in every case shall be given to the applicant whose date of birth is earlier.
(4) In cases where all factors are equal, the tie shall be broken by the drawing of lots in the presence of the employees.
C. Applicants whose applications are filed in the first thirty (30) days of the semester shall be given a preference over those who seek sabbatical leave under the special provision relating to sickness during a school semester.
D. Every application for sabbatical leave shall specify all of the following:
(1) The period for which leave is requested;
(2) Whether leave is requested for the purpose of professional or cultural improvement, or for the purpose of medical leave;
(3) The precise manner, in so far as possible, in which such leave, if granted, shall be spent;
(4) The semesters spent in active service in the school system from which leave is requested; and
(5) The date of birth of the applicant.
The application shall contain a statement, over the signature of the applicant that he/she shall agree to comply with all sabbatical leave provisions.
COMPENSATION
A teacher granted sabbatical leave shall be paid compensation at the rate of sixty-five percent (65%) of the person's salary at the time the sabbatical leave begins. A teacher on sabbatical leave with pay must continue his/her retirement contribution. Time spent on such leave is considered as active service for retirement purposes.
CONDITIONS OF SABBATICAL
A. Each person granted sabbatical leave, as a condition of the sabbatical leave, shall prohibited from being employed during the sabbatical leave by any public or private elementary or secondary school in Louisiana or any other state.
B. Every person on medical sabbatical leave shall be prohibited from undertaking any gainful employment during such leave unless all of the following conditions are met:
(1) The teacher can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that he/she has been working for not less than one hundred and twenty (120) days prior to the beginning of such leave.
(2) The doctor certifying the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the leave is granted.
(3) The Board authorizes such part-time work.
Violation of the part-time work provisions shall result in the medical sabbatical leave being rescinded.
C. Each person granted sabbatical leave shall sign an agreement or contract as specified with the Board stipulating that, as a condition of sabbatical leave and in order to be eligible for compensation during such leave, he or she will return to service for one (1) semester for each semester of leave upon completion of the sabbatical leave. Said service shall ordinarily be performed in this School District. No person who, upon the expiration of his/her sabbatical leave, immediately begins employment with a state-operated educational agency, city, parish, or other local school board, department, school, college or university instead of returning to the school system which granted him/her such leave, shall be required to forfeit that portion of compensation paid to him/her by the State while he/she was on such leave. However, such person shall be required to reimburse the school system any salary paid to him/her by the Board while he/she was on leave, unless the Board opts to exercise the waiver provision as explained herein.
As per statutory requirement, any employee taking sabbatical leave who fails to return to service in this District upon expiration of the leave as specified above for any reason other than incapacitating illness as certified by two (2) physicians, shall forfeit all salary compensation received during the leave period. The Board shall have the authority to waive this requirement in accordance with its pre-published criteria, as noted below, if it deems such to be in the best interest of the School District, provided that such a waiver shall not be of a discriminatory nature against any employee or applicant because of his or her job description, age, race, or sex.
D. An employee on professional sabbatical leave shall observe the above stipulations concerning graduate or undergraduate credit hours to be earned and/or alternatives such as productive research or travel. The Superintendent shall have the authority to require written reports of work done and work to be done at any time during the period of leave, and shall apprise the Board periodically concerning such reports. In addition, written reports are required within thirty (30) days after the beginning of each semester of leave and within thirty (30) days after the end of leave.
E. Any employee who fails to comply with statutory provisions may have his/her leave terminated by the Superintendent at any time.
F. Every person on sabbatical leave shall notify the Superintendent of his/her intention to return to work not less than thirty (30) days prior to the beginning of the semester in which he/she expects to return.
An employee who has been granted sabbatical leave shall, upon expiration of the leave, be returned to the same position in the same school held at the time of said sabbatical leave was granted unless otherwise agreed to by the individual.
GUIDELINES FOR WAIVING INTENTION TO RETURN TO SERVICE CLAUSE
The return to service provision, as stated in Conditions of Sabbatical, Item C above, may be waived by the Board, after careful review and recommendation of the Superintendent, in any of the following instances:
A. Any person whose spouse is transferred out of the parish (job requirement not anticipated before leave) during the time the teacher is on leave or within one (1) year immediately following the termination of such leave (certification must be provided by spouse's employer).
B. Any person who receives a position to the State Department of Education, to another public school system within the State of Louisiana, or to a state-operated educational agency. In such instances, the person granted sabbatical leave, upon the expiration of leave, shall be permitted to retain that portion of compensation paid by the state while he/she was on leave. However, such person shall be required to reimburse the Board any compensation paid by the Board while on leave.
C. Incapacitating illness, as certified by two (2) physicians.
D. Incapacitating illness of member of immediate family (mother, father, sister, brother, husband, wife, child), as certified by two (2) physicians, wherein employee must remain at home to care for said family member, within one year immediately following termination of the sabbatical.
E. Whenever, in the Board's opinion, such a waiver would be in the best interest of the School District.
Revised: December, 1997
Revised: August, 1999
Revised: August, 2003
Revised: September, 2004
Ref: La. Rev. Stat. Ann. ''11:755, 17:1170 et seq., 17:1187; Board Minutes, 4-19-88, 10-21-97, 10-14-03.
Final Action - Policy GBRIB, Sick Leave
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: GBRIB
cf: EGAA,GBRI
SICK LEAVE
The Calcasieu Parish School Board shall grant all employees hired for the school year or longer a minimum of ten (10) days absence per year because of personal illness or other emergencies without loss of pay in accordance with the following schedule:
Months Employed Sick Leave Days per Year
9 10
10 11
11 11
12 12
Such leave, when not used, shall be allowed to accumulate to the credit of the employee without limitation. However, upon initial employment, a teacher employed by the Board shall not be allowed any sick leave until he/she reports for duty and actually performs work.
The minimum of ten days of sick leave for an employee shall be based on the employee beginning work at the beginning of the school year. In the case of an employee beginning work in the first month of the school year, ten days sick leave shall be allowed. If an employee begins work in the second month of the school year, nine days of sick leave shall be allowed. If an employee begins work in the third month of the school year, eight days of sick leave shall be allowed; if an employee begins work in the fourth month of the school year, seven days of sick leave shall be allowed; and the number of days of sick leave shall continue to be prorated for an employee who begins work until the eighth month of the school year, when only three days of sick leave shall be allowed. The Superintendent shall be responsible for developing and maintaining pertinent regulations and procedures governing sick leave.
All other employees (10, 11, and 12 month employees) will be given a minimum of 10, 11, or 12 days which will be based on the employee's hire date. If hired after the appropriate starting time, their sick leave will be prorated from a schedule established by the Personnel Department.
An employee who is absent for six (6) or more consecutive days and fails to submit a certificate from a physician certifying the absences shall be docked a full day's pay beginning on the 6th consecutive day of absence and each consecutive day thereafter, until the employee returns to work.
Upon the retirement of any teacher, bus operator, or school employee, or upon the teacher's, bus operator's, or school employee's death prior to retirement, the School Board shall pay the teacher, bus operator, or school employee or his/her heirs or assigns, for any unused sick leave, not to exceed twenty-five (25) days. Such pay shall be at the daily rate of pay paid to the employee at the time of his/her retirement or death.
If an employee is absent from duty under circumstances in which he/she is not entitled t any kind of leave, such employee shall be considered to be in violation of his/her contract, and is not entitled to be paid for the days of unauthorized absence and non-performance of duties.
SICK LEAVE FOR EMERGENCIES
Emergencies for sick leave purposes shall be defined by the Board as:
1. serious illness or disability of immediate family (spouse or children);
2. serious illness or disability of the employee's parents or those to the spouse, brothers and sisters or those of the spouse; or
3. wedding of the employee.
Emergencies not listed shall be considered by the Superintendent.
EXTENDED SICK LEAVE
The Board shall permit each teacher and bus driver to take up to ninety (90) days of extended sick leave in each six-year period of employment which may be used for personal illness or illness of an immediate family member at any time the teacher or bus driver has no remaining regular sick leave balance at the time the extended sick leave is set to begin. Immediate family member means a spouse, parent, or child of the teacher or bus driver.
Unused days during any six-year period of employment shall not cumulate or carry forward into the next six-year period of employment. The balance of days of extended sick leave available shall transfer with the teacher or bus driver from one public school employer to another without loss or restoration of days.
Interruptions of service between periods of employment with a public school employer shall not be included in any calculation of a six-year period. Any employment with any public school employer, regardless of when it occurs, shall be included in any determination of the balance of days of extended sick leave available to the teacher or bus driver.
Any teacher or bus driver on extended sick leave shall be paid sixty-five percent (65%) of the salary paid the teacher or bus driver at the time the extended sick leave begins. Except for extenuating circumstances, a doctor's certificate shall be presented with payroll timesheets upon return to work. All doctor’s certificates shall be submitted to the payroll department by the 15th of the month following the employee’s return to work. Failure to present the doctor’s certificate within fifteen (15) days of the close of the month when the leave was taken will result in 100% salary reduction for days labeled extended sick leave.
o Gainful Employment Permitted
A teacher or bus driver may undertake additional gainful employment while on extended sick leave, provided all of the following conditions are met:
1. The teacher or bus driver can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that the teacher or bus driver has been working for not less than one hundred twenty (120) days prior to the beginning of any period of extended sick leave.
2. The physician who certifies the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the extended sick leave is required.
Any violation of the provisions regarding gainful employment may require the teacher or bus driver to return to the Board all compensation paid during any week of extended sick leave in which the teacher or bus driver worked more than twenty (20) hours and to reimburse the Board all related employment costs attributable to such period as calculated by the Board, without any restoration of leave days.
Application Process
On every occasion when a teacher or bus driver uses extended sick leave, a statement from a licensed physician certifying that the leave is medically necessary for the teacher or bus driver or that the immediate family member's illness is serious and requires the presence of the teacher or bus driver shall be presented prior to extended sick leave being taken, whenever possible.
1) If the Board, upon review of the application, questions the validity or accuracy of the certification, the Board may require the teacher, bus driver, or the immediate family member, as a condition for continued extended sick leave, to be examined by a licensed physician selected by the Board.
2) If the Board selected physician disagrees with the original medical certification, then the employer may require the teacher, bus driver, or immediate family member, as a condition for continued extension of sick leave, to be examined by a third licensed physician, whose name appears next in the rotation of physicians on a list established by the local medical society and maintained by the Board. All costs of an examination and any required tests by a third doctor shall be paid by the Board. The opinion of the third physician shall decide the issue.
3) The opinion of all physicians consulted in determining medical necessity of the extended sick leave shall be submitted to the Board in the form of a sworn statement. All information contained in any statement from a physician shall be confidential and shall not be subject to the public records law.
The required physician's statement may be presented along with the request for extended sick leave after the teacher's return to service. In such a case, the extended sick leave shall be granted for all days for which extended sick leave is requested, provided the request and required documentation is presented within three (3) days after the teacher returns to service. The School Board, however, reserves the right to question the validity of the medical certification after the three day period.
SICK LEAVE FOR ASSAULT OR BATTERY
Any employee of the public schools who is injured and disabled while acting in his/her official capacity as a result of an assault or battery by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault and battery. The employee shall be required to provide a certificate from a physician certifying such injury and incapacitation. The sick leave authorized shall be in addition to all other sick leave authorized herein, shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement, or compensated for in any manner except as set forth above.
SICK LEAVE FOR PHYSICAL CONTACT WITH A STUDENT
Any teacher who is injured or disabled while acting in his/her official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period of up to one (1) calendar year without reduction in pay and without reduction in accrued sick leave days while injured or disabled as a result of rendering such assistance. Any school employee, but not a bus operator, injured or disabled in a similar manner shall receive up to ninety (90) days of such sick leave. The teacher or employee shall be required to present a certificate from a physician certifying such injury or disability. The Board may extend the period of sick leave beyond the allowable period at its discretion.
If the School Board questions the validity or accuracy of the physician’s certification, the School Board may require the teacher to be examined by a licensed physician selected by the Board. Any further review of medical certification shall proceed in the same manner as requests for extended sick leave, which is outlined under Application Process above. The Board shall pay all costs of any examinations and tests determined to be necessary.
SICK LEAVE/WORKERS' COMPENSATION
Should any teacher become injured or disabled while acting in his or her official capacity, other than by assault, the teacher shall be entitled to appropriate worker's compensation benefits and/or sick leave benefits, at the teacher's option, for the period of time while injured or disabled. Any benefits received, however, shall not exceed the total amount of the regular salary the teacher was receiving at the time of injury or disability. The teacher shall be required to present a certificate from a physician certifying such injury or incapacitation.
VESTING OF SICK LEAVE
All sick leave accumulated by a teacher or school employee, but not a bus operator, shall be vested in the teacher or school employee by whom such leave has been accumulated. In the event of the transfer of a teacher or school employee from one school system to another in Louisiana, or upon the return of such teacher or school employee to the same school system within five (5) years or such longer period that may be approved by the Board to which the teacher or school employee returned, regardless of the dates on which the leave was accumulated or the date of transfer or return of the teacher or school employee, such vested leave shall be transferred, returned to, or continued by the Board and shall be retained to the credit of the teacher or school employee.
DEFINITIONS
Teacher:
Any person employed by the School Board who holds a valid teaching certificate issued by the Louisiana Department of Education and any social worker, guidance counselor, or school psychologist employed by the Board who holds a valid professional ancillary certificate in social work, guidance counseling, or school psychology issued by the Louisiana Department of Education.
Bus Driver:
Any person employed by the School Board who operates a school bus transporting children under the supervision of the School Board.
School Employee:
Any person employed by the School Board who is not a teacher or whose employment does not require the holding of a teacher's certificate or who is not employed as a bus driver.
Revised: December, 1991 Revised: August, 2001
Revised: December, 1995 Revised: September, 2001
Revised: June, 1999 Revised: June, 2003
Revised: August, 1999 Revised: September, 2004
Revised: September, 1999
Ref: La. Rev. Stat. Ann. ''14:125, 17:425, 17:500, 17:500.1, 17:1200, 17:1201, 17:1202, 17:1205, 17:1206, 17:1206.1; Board minutes, 3-17-92, 6-5-01, 3-11-03.
Final Action - Policy GBRL, Holidays
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: GBRL
HOLIDAYS
The Calcasieu Parish School Board shall establish the holiday schedule for all personnel in addition to those included in the adoption of a school calendar. Whenever a holiday falls on a Saturday or Sunday, the Board may declare that the holiday be observed on the preceding Friday or following Monday, respectively.
General election day shall be designated by each school system as a holiday every four years for the presidential election.
Ref: La. Rev. Stat. Ann. '1:55; Louisiana Handbook for School Administrators, Bulletin741, Louisiana Department of Education .
Final Action - Policy JGCE, Child Abuse
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: JGCE
cf: JDA, JG
CHILD ABUSE
The Calcasieu Parish School Board shall endeavor to ensure that all instances of child abuse and/or neglect are reported in accordance with appropriate state and local laws and regulations. Therefore, the School Board directs that all school personnel be informed of their responsibilities under law as mandatory reporters when performing their occupational duties.
DEFINITIONS
Child, for purposes of child abuse, is defined as a person under eighteen (18) years of age, who prior to juvenile proceedings, has not been judicially emancipated or emancipated by marriage.
Abuse means any one of the following acts which seriously endanger the physical, mental, or emotional health of the child:
(a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
(b) The exploitation or overwork of a child by a parent or any other person.
(c) The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or the caretaker of the child's sexual involvement with any other person or of the child's involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
Neglect means the refusal or willful failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health is substantially threatened or impaired. In accordance with statutory provisions, the inability of a parent or caretaker to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well‑recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. However, nothing herein shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child's health or welfare.
A mandatory reporter is any person who provides training and supervision of a child, including any one of the following individuals performing their occupational duties: teacher, teacher's aide, instructional aide, school principal, and school staff member.
Caretaker means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a public or private day care center, or other person providing a residence for the child.
PROCEDURE FOR REPORTING CHILD ABUSE/NEGLECT
Any mandatory reporter, notwithstanding any claim of privileged communication, who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect, as defined by this policy, or that abuse or neglect was a contributing factor in a child's death, shall report immediately suspected abuse/neglect in accordance with the following:
I. The mandatory reporter having the information shall contact the principal or designee immediately. The principal or other supervising employee shall immediately:
(A) When the suspected abuser is believed to be a parent or caretaker, make the report to the local child protection unit of the Department of Social Services.
(B) When the abuse or neglect is believed to be perpetrated by someone other than a parent or caretaker, and a parent or caretaker is not believed to have any responsibility for the abuse or neglect, make the report to the local law enforcement agency having jurisdiction over the place where the abuse/neglect occurred.
II. If the initial report was in oral form, it shall be followed by a written report on the approved form, which written report shall be delivered within five (5) days to the local child protection agency or the local law enforcement agency to whom the initial report was made.
III. The principal, assistant principal, or other supervisory employee to whom the initial reporter gave the report shall have the primary responsibility of reporting the information to the appropriate agency as herein provided. The teacher or other Board employee who was the initial reporter is not relieved of responsibility, however, and to ensure that the report is delivered to the appropriate agency as required by law, the principal/designee/supervisory employee shall confer with the initial reporting employee and confirm that the report was made to the appropriate agency. If the principal/designee/ supervisory employee fails or refuses to make a required report, the initial reporting employee shall make the required report to the appropriate agency and shall, within five (5) days of filing the required written report file a confidential report of the entire matter in writing with the Superintendent.
The report shall contain the following information, if known:
1) The name, address, age, sex, and race of the child.
2) The nature, extent, and cause of the child's injuries or endangered condition, including any previous known or suspected abuse to this child or the child's siblings.
3) The name and address of the child's parent(s) or other caretaker.
4) The names and all the ages of all other members of the child's household.
5) The name and address of the reporter.
6) An account of how this child came to the reporter's attention.
7) Any explanation of the cause of the child's injury or condition offered by the child, the caretaker, or any other person.
8) The number of times the reporter has filed a report on the child or the child’s siblings.
9) Any other information which the reporter believes might be important or relevant.
The report shall also name the person or persons who are thought to have caused or contributed to the child's condition, if known, and the report shall contain the name of such person if he/she is named by the child.
If the initial report was in oral form by a mandatory reporter, it shall be followed by a written report made within five (5) days to the local child protection unit, or if necessary, to the local law enforcement agency.
INVESTIGATION OF REPORTS
Admission of the investigator on school premises or access to the child in school shall not be denied by school officials.
ALLEGATION AGAINST SCHOOL EMPLOYEES OR VOLUNTEERS
When an employee is accused of the use of impermissible corporal punishment or moral offenses involving students, the principal shall initiate an investigation. If the offender is a central office employee, or principal, the immediate supervisor will initiate an investigation.
Upon any school employee receiving a report of, or information about, child abuse, against another school employee or volunteer, and the employee receiving said information has cause to believe the truthfulness thereof, the reporting procedure as outlined in this policy shall be followed, depending upon whether the employee or volunteer is considered a caretaker or someone other than a caretaker.
The school employee shall also, as soon as reasonably possible, notify the appropriate immediate supervisor of the accused individual, and that supervisor in turn will as soon as reasonably possible, notify the Superintendent or designee. The Superintendent and the Board's attorney will determine what appropriate action the school system may take over and above the investigation being conducted by the appropriate state agency. In any incident involving an employee or volunteer which is reported to the Superintendent or designee, the person shall be removed from all activities involving direct contact with students until the matter is resolved.
ALLEGATIONS OF SEXUAL OFFENSES
The Superintendent or his/her designee shall be required to notify the local law enforcement agency of any allegation made by a student of the commission of a sex offense as defined by La. Rev. Stat. Ann. §15:541(14.1). Such notification shall be made by the Superintendent or his/her designee within twenty-four (24) hours of the time the student notified the Superintendent or other appropriate personnel. Any school employee who receives information from a student concerning the possible commission of a sexual offense shall immediately inform the Superintendent and/or his/her designee.
CONFIDENTIALITY
The circumstances and information of the initial report, the fact that a report was made to an agency, and the written report shall be held in confidence and shall not be disseminated to third parties other than those persons or agencies designated by this policy or required by state law. Any written report or other written information regarding the report shall be kept in a confidential file separate from the child's routine school records and accessible only by the principal/designee/supervisory employee or by court order.
INSERVICE TRAINING
At the beginning of each school year, each principal shall provide mandated inservice training for mandatory reporters and other school personnel and volunteers on how to recognize and report suspected child abuse or child neglect. Each employee and volunteer shall sign a form indicating he/she has received and understands the guidelines for reporting child abuse/neglect.
IMMUNITY FROM LIABILITY
Any person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the Louisiana Children's Code shall have immunity from civil or criminal liability that otherwise might be incurred or imposed. This immunity, however, does not extend to (1) a person who participates in or conspires with a participant or an accessory to an offense involving the abuse or neglect of a child; (2) any person who makes a report known to be false or with reckless disregard for the truth of the report.
LIABILITY
The Louisiana Children's Code and Louisiana criminal law provide substantial penalties for mandatory reporters who fail to report facts which would support a reasonable belief that child abuse or neglect has occurred. Additionally, educators or other employees of the Calcasieu Parish School Board who fail or refuse to report child abuse/neglect as provided by law or by this policy may be subject to disciplinary and/or dismissal proceedings for neglect of duty.
Revised: September, 2004
Ref: La. Rev. Stat. Ann. ''14:403, 15:542.2, 17:81.6; La. Children's Code, Title VI, Art. 601 et seq.; Board minutes, 5-11-04.
Final Action - Policy JDF, Discipline of Students With Disabilities
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, final action on the following policy was approved:
FILE: JDF
Cf: JD, JDA
Cf: JDD, JDE
DISCIPLINE OF STUDENTS WITH DISABILITIES
A. For purposes of removal of a student with a disability from the student's current educational placement, a change of placement occurs when
1. a student with a disability is removed from his or her current educational placement for more than ten (10) consecutive school days; or
2. a student with a disability is subjected to a series of removals that constitute a pattern because they cumulate to more than ten (10) school days in a school year and because of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.
B. School personnel have the authority to order a change in placement for a student with a disability when certain conditions exist.
1. School personnel may order a removal of a student with a disability from the student's current educational placement for not more than ten (10) consecutive school days for any violation of school rules to the extent a removal would be applied to a student without a disability, and school personnel may order additional removals of not more than ten (10) consecutive school days in the same school year for separate incidents of misconduct as long as the removals do not constitute a change of placement.
2. School personnel may order a change in placement of a student with a disability to an appropriate interim alternative educational setting for the same amount of time a student without a disability would be subject to discipline, but for not more than forty‑five (45) days, if:
a. the student carries or possesses a weapon at school or at a school function under the jurisdiction of the State or any School Board; or
b. the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of the State or any School Board.
C. For purposes of this section, the following definitions apply:
1. Controlled substance means a drug or other substance identified under schedule I, II III, IV, or V in Sec. 202(c) of the Controlled Substance Act (21 U.S.C. 812 (c)).
2. Illegal drug means a controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health‑care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.
3. Weapon has the meaning given the term dangerous weapon under paragraph (2) of the first subsection (g) of Sec 930 of Title 18, United States Code.
D. A hearing officer, who meets the requirements of Section 502 of Bulletin 1706, has the authority to order change in placement for a student with a disability when certain conditions exist.
1. The hearing officer may order a change in placement of a student with a disability to an appropriate interim alternative educational setting for not more than forty‑five (45) days if the hearing officer, in an expedited due process hearing:
a. determines that the School Board has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others (substantial evidence means beyond a preponderance of the evidence);
b. considers the appropriateness of the student's current placement;
c. considers whether the School Board has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and
d. determines that the interim alternative educational setting that is proposed by school personnel who have consulted with the student's special education teacher meets all IAES requirements as set forth in subsection G below.
E. A School Board need not provide services during periods of removal under B.1 above to a student with a disability who has been removed from his or her current placement for ten (10) school days or less in that school year, if services are not provided to a student without disabilities who has been similarly removed.
1. In the case of a student with a disability who has been removed from his or her current placement for more than ten (10) school days in that school year, the School Board, for the remainder of the removals, shall provide services to the extent necessary to enable the student to progress appropriately in the general curriculum and to advance appropriately toward achieving the goals set out in the student's IEP, if the removal is:
a. under the school personnel's authority to remove under paragraph B.1 above for not more than ten (10) consecutive school days as long as that removal does not constitute a change of placement; school personnel, in consultation with the student's special education teacher, shall determine the extent to which services are necessary to enable the student to progress appropriately in the general curriculum and to advance appropriately toward achieving the goals set out in the student's IEP;
b. for behavior that is not a manifestation of the student's disability consistent under subsection H below; the student's IEP team shall determine the extent to which services are necessary to enable the student to progress appropriately in the general curriculum and to advance appropriately toward achieving the goals set out in the student's IEP.
2. The School Board shall provide services that will enable the student to continue to progress in the general curriculum and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in that IEP. The School Board shall include services and modifications designed to address the behavior described below and to prevent the behavior from recurring if the removal is
a. for drugs or weapon offenses (the IEP team determines the interim alternative educational setting); or
b. based on a hearing officer's determination that maintaining the current placement of the student is substantially likely to result in injury to the student or others if he or she remains in the current placement. (School personnel in consultation with the student's special education teacher shall propose the interim alternative educational setting to the hearing officer.)
F. Either before, or not later than ten (10) business days after either first removing the student for more than ten (10) school days in a school year or commencing a removal that constitutes a change of placement and including the action described under paragraph B.2 above, the School Board shall follow prescribed procedures as listed below.
1. If the School Board did not conduct a functional behavior assessment and implement a behavioral intervention plan for the student before the behavior that resulted in the removal occurred, the School Board shall convene an IEP meeting to develop an assessment plan.
2. If the student already has a behavioral intervention plan, the IEP team shall meet to review the plan and its implementation and modify the plan and its implementation as necessary, to address the behavior.
3. As soon as practicable after developing the behavioral intervention plan and completing the assessment required by the plan, the School Board shall convene an IEP meeting to develop appropriate behavioral interventions to address that behavior and shall implement those interventions.
4. If subsequently, a student with a disability who has a behavioral intervention plan and who has been removed from his or her placement for more than ten (10) school days in a school year is subjected to a removal that does not constitute a change of placement, the IEP team members shall review the behavior intervention plan and its implementation to determine whether modifications are necessary.
a. If one or more of the team members believe that modifications are needed, the team shall meet to modify the plan and its implementation to the extent the team determines necessary.
G. The interim alternative educational setting referred to in subsection B above shall be determined by the IEP team. Any interim alternative educational setting in which a student is placed under paragraph B.2 and subsection D above shall:
1. be selected so as to enable the student to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in that IEP; and
2. include services and modifications designed to address the behavior described in paragraph B.2 and subsection D above, and to prevent the behavior from recurring.
H. A manifestation determination review is required whenever an action involving a removal that constitutes a change of placement for a student with a disability is contemplated.
1. Not later than the date on which the decision to take that action is made, the parents shall be notified of that decision and shall be provided the procedural safeguards notice (Louisiana's Educational Rights of Children With Disabilities.)
2. Immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the student's disability and the behavior subject to the disciplinary action.
3. The review shall be conducted by the IEP team and other qualified personnel in a meeting.
4. In carrying out the manifestation determination review, the IEP team and other qualified personnel may determine that the behavior of the student was not a manifestation of the student's disability only if the IEP team and other qualified personnel:
a. consider, in terms of the behavior subject to disciplinary action, all relevant information, the evaluation and diagnostic results, including the results or other relevant information supplied by the parent or student; observations of the student; and the student's IEP and placement; and
b. determine that:
i. in relationship to the behavior subject to disciplinary action, the student's IEP and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the student's IEP and placement;
ii. the student's disability did not impair the ability of the student to understand the impact and consequence of the behavior subject to disciplinary action; and
iii. the student's disability did not impair the ability of the student to control the behavior subject to disciplinary action.
5. If the IEP team and other qualified personnel determine that any of the standards in paragraph 4.b. above were not met, the behavior shall be considered a manifestation of the student's disability.
6. If the IEP team and other qualified personnel determine that the behavior is a manifestation of the student's disability, the disciplinary removal cannot occur, unless the removal is in accordance with paragraph B.2(a) and (b), and subsection D above.
7. The manifestation review meeting may be conducted at the same IEP meeting that is convened to conduct the functional behavioral assessment.
8. If in the review, the School Board identifies deficiencies in the student's IEP or placement or in their implementation, it shall take immediate steps to remedy those deficiencies.
I. When the determination is made that the behavior was not a manifestation of the student's disability, prescribed guidelines shall be followed.
1. If the results of the manifestation determination review is that the behavior of the student was not a manifestation of the student's disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities except a FAPE as defined in subsection E above shall be provided.
2. If the School Board initiates disciplinary procedures applicable to all students, the School Board shall ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.
3. Except as provided in paragraph K.1 below, if a parent requests a hearing to challenge a determination made through the review process that the behavior of the student was not a manifestation of the student's disability, the student’s status during the due process proceeding shall follow Section 514 of Bulletin 1706.
J. If the student's parent disagrees with a determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement and discipline, the parent may request a hearing.
1. The State Department of Education, consistent with Sections 507 and 508.B of Bulletin 1706, shall arrange for an expedited hearing in any case described in the above paragraph if a hearing is requested by a parent.
a. In reviewing a decision with respect to the manifestation determination, the hearing officer shall determine whether the School Board has demonstrated that the student's behavior was not a manifestation of the student's disability consistent with the requirements of paragraph H.5 above.
b. In reviewing a decision under paragraph B.2 above, to place a student in an interim alternative educational setting, the hearing officer shall apply the standards in subsection D above.
K. The student's placement during appeal shall follow prescribed guidelines.
1. If the parents request a hearing regarding a disciplinary action described in paragraphs B.2 or D.1.a-d to challenge the interim alternative educational setting or the manifestation determination, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until expiration of the time period provided for in paragraphs B.2 or D.1.a-d, whichever occurs first, unless the parent and the State or School Board agree otherwise.
2. If a student is placed in an interim alternative educational setting pursuant to paragraphs B.2 and D.1.a-d above and school personnel propose to change the student's placement after expiration of the interim alternative placement, during the pending of any proceeding to challenge the proposed change in placement, the student shall remain in the current placement (student's placement prior to the interim alternative educational setting), except as provided in paragraph K.3 below.
3. The School Board may request an expedited due process hearing if school personnel maintain that it is dangerous for the student to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings.
a. In determining whether the student may be placed in the alternative educational setting or in another appropriate placement ordered by the hearing officer, the hearing officer shall apply the standards in paragraph D.1.a-d above.
b. A placement ordered pursuant to 3.a above may not be longer than forty-five (45) days.
c. The procedures in 3 above may be repeated as necessary.
L. A student who has not been determined to be eligible for special education and related services, and who has engaged in behavior that violated any rule or code of conduct of the School Board including any behavior described in subsections B and E, may assert any of the protections provided for in this policy if the School Board had knowledge (as determined in accordance with paragraph 2 below) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
1. A School Board shall be deemed to have knowledge that a student is a student with a disability if:
a. the parent of the student has expressed concern in writing (or orally if the parent does not know how to write or has a disability that prevents a written statement) to personnel of the School Board that the student is in need of special education and related services;
b. the behavior or performance of the student demonstrates the need for these services, in accordance with the definition of a student with a disability;
c. the parent of the student has requested an evaluation of the student; or
d. the teacher of the student or other school district personnel has expressed concern about the behavior or performance of the student to the director of special education or to other personnel in accordance with the School Board's established child find or special education referral system.
2. The School Board would not be deemed to have knowledge under paragraph 1 above, if as a result of receiving the information specified in that paragraph, the School Board either
a. conducted an evaluation and determined that the student was not a student with a disability; or
b. determined that an evaluation was not necessary and provided notice to the student's parents of its determination.
3. Certain conditions apply if there is no basis of knowledge.
a. If the School Board does not have knowledge that a student is a student with a disability, in accordance with paragraphs 1 and 2 above, prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as measures applied to students without disabilities who engaged in comparable behaviors.
b. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, the evaluation shall be conducted in less than sixty (60) business days without exception or extensions.
4. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
5. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the School Board and information provided by the parents, the School Board shall provide special education and related services in accordance with the provisions of Bulletin 1706, Regulations for Implementation of the Children with Exceptionalities Act including the requirements of B-N of this policy and La. Rev. Stat. Ann. §17:1943.6.
M. Expedited due process hearings addressed in subsection J above shall follow procedures prescribed below.
1. The hearing shall meet the requirements of Subsection 507.A of Bulletin 1706.
2. The hearing shall be conducted by a due process hearing officer that meets the criteria established in Section 508 of Bulletin 1706.
3. The hearing shall result in a written decision that shall be mailed to the parties within twenty (20) business days of the School Board's receipt of the request for the hearing, without exceptions or extensions.
4. The hearing shall have time lines that are the same for hearings requested by the parents or the School Board.
5. The hearing shall be conducted according to guidelines established in Section 508 of Bulletin 1706, where appropriate, except for the timelines at paragraph 508.C.4 and according to guidelines established by the Department.
6. The decisions on expedited due process hearings are appealable consistent with the procedures established in Section 512 of Bulletin 1706.
N. Nothing in this policy shall prohibit the School Board from reporting a crime committed by a student with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.
1. The School Board, in reporting a crime committed by a student with a disability, shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the crime.
2. The School Board, in reporting a crime, may transmit copies of the student's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.
Revised: July, 2004
Ref: La. Rev. Stat. Ann. ''17:82, 17:416, 17:1941 et seq.; Bulletin 1706, Regulations for the Implementation of the Exceptional Children's Act, Louisiana State Department of Education; SEQ CHAPTER \h \r 1Board minutes, 10-16-01.
Medicare Only Coverage - Date Revision for Louisiana Treasury
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried, revising the date from January 1, 2005, to April 1, 2005, at the request of the state, was approved.
Final Action - Policy JBCE, Public School Choice
On motion by Mr. Duhon, seconded by Ms. LaVergne and carried with two nays by Mrs. Duhon and Rev. Franklin, final action on the following policy was approved:
File: JBCE
PUBLIC SCHOOL CHOICE
The Calcasieu Parish School Board is required by both Federal law and the Louisiana School Accountability Program to develop and maintain a Public School Choice policy for any school with a School Performance Score (SPS) below levels set by the Board of Elementary and Secondary Education (BESE) and considered in School Improvement Level II or higher. Additionally, those Title I schools that have failed the subgroup component of the state’s accountability system for one year or are in School Improvement II or higher shall also be a part of a School Choice program. School Choice allows eligible students to transfer to an academically acceptable school. Subgroup component refers to the testing performance within a specified subgroup of students.
Once schools eligible to receive students have been identified, a school‑site utilization study shall be conducted as needed in all schools to determine the extent to which capacity exists to possibly accommodate students from schools offering choice, including students with special needs and/or students with disabilities. Only those schools that are labeled academically acceptable shall be considered eligible to receive students.
The Superintendent and staff shall be responsible for developing and managing a School Choice Plan, which shall determine the schools to which students may transfer, which students shall have priority in transferring, and all other regulations and procedures for supervising school choice within the school district.
NOTIFICATION
Notification of parents of their school choice options shall be sent as early as possible, but not later than the first day of the school year for the schools that are required to offer choice. If there are no choice options available, this information shall be included in the notification sent parents.
ELIGIBILITY OF STUDENTS
All students in a school required to offer choice shall be eligible to transfer. However, the School Board shall give priority to the lowest achieving students from low-income families, as determined by the School Board.
Ref: 20 U.S.C. 6316 (No Child Left Behind, Section 1116); Louisiana School, District, and State Accountability System, Bulletin 111, Louisiana Department of Education.
COMMITTEE REPORTS
Curriculum and Instruction
Chairman Jay Duhon reported that the Curriculum and Instruction Committee met on Thursday, November 18, 2004. A quorum was present.
Mr. Duhon reported that a motion was made, seconded and carried, approving the
2005-2006 School/Administrative calendar schedule.
On behalf of the committee, Mr. Duhon moved to approve the calendar schedule
as presented. The motion carried.
2005-2006 SCHOOL / ADMINISTRATIVE CALENDARS
SCHOOL CALENDAR 2005-2006
Students Report to School Wednesday, August 17, 2005
HOLIDAYS:
Labor Day September 5, 2005
Veterans Day November 11, 2005
Thanksgiving November 21 to November 25, 2005
Christmas, New Year December 19, 2005 to January 2, 2006
Martin L. King, Jr. Day January 16, 2006
Mardi Gras Holiday February 20 to February 21, 2006
Easter & Spring Break April 14 to April 21, 2006
END OF SESSION: May 31, 2006, Report Cards Will Be Mailed
SIX-WEEK PERIODS END
First Six-Weeks Period September 27, 2005
Second Six-Weeks Period November 8, 2005
Third Six-Weeks Period January 12, 2006
Fourth Six-Weeks Period February 28, 2006
Fifth Six-Weeks Period April 11, 2006
Sixth Six-Weeks Period May 31, 2006
DATES PAYCHECKS WILL BE ISSUED FOR 2005-2006 SCHOOL YEAR
July 29, 2005 January 31, 2006
August 31, 2005 February 28, 2006
September 30, 2005 March 31, 2006
October 31, 2005 April 28, 2006
November 30, 2005 May 31, 2006
December 16, 2005 or January 2, 2006 June 30, 2006
TEACHER INSERVICE DATES
(students will NOT attend school on these dates)
August 12, 2005 System-Wide Teacher Inservice
August 15, 2005 School Administration Inservice In Each School
August 16, 2005 School Administration Inservice In Each School
September 6, 2005 System-Wide Teacher Inservice
January 17, 2006 School Administration Inservice In Each School
March 27, 2006 School Administration Inservice In Each School
Holidays For Calcasieu Parish School Board
ADMINISTRATIVE, OFFICE, MAINTENANCE,
AND 12 MONTH SCHOOL PERSONNEL
Beginning Fiscal Year July 1, 2005
Independence Day July 4, 2005
Labor Day September 5, 2005
Veterans Day November 11, 2005
Thanksgiving November 23 to November 25, 2005
Christmas and New Year December 19, 2005 to January 2, 2006
M. L. King, Jr. Day January 16, 2006
Mardi Gras February 20 to February 21, 2006
Easter April 14 to April 18, 2006
Holidays for sales tax and data processing may vary as necessity dictates, subject to approval of the superintendent.
Next, Mr. Duhon reported that a motion was made, seconded and carried, approving the K-12 Math Textbook Adoption Committee Member recommendations. On behalf of the committee Mr. Duhon moved to approve the recommended appointments to the K-12 Math Textbook Adoption Committee. The motion carried.
With no further business or discussion, Mr. Duhon reported that the meeting was adjourned.
Administration and Personnel Committee
Chairman John Falgout reported that the Calcasieu Parish School Board Administration and Personnel Committee met Monday, November 30, 2004, at 4:45. A quorum was present.
Mr. Falgout reported that a motion was made, seconded and approved, for applicants to be interviewed in executive session and must be consistent with the open meeting law. This means that the interview and the discussion must be limited to professional character, professional health, and professional competence. On behalf of the committee, Mr. Falgout moved to approve the process by which the applicant interviews would be conducted during executive session with adherence to the open meeting law. There was brief discussion and clarification that there would be opportunity for questions during open session. The motion carried with nays by Mrs. Duhon, Rev. Franklin and Mr. Robert. Mr. Falgout and Ms. LaVergne abstained.
Mr. Falgout continued by reporting that a motion was made to seek an outside firm for selection of superintendent. The motion failed due to lack of support.
Mr. Falgout stated that a motion was made and approved allowing the Board President and legal counsel to eliminate any applications that don’t qualify according to the BESE requirements and qualifications set forth by the Board.
On behalf of the committee, Mr. Falgout moved to approve the recommendation. There was discussion relative to Board input during initial application screening review. Mr. Spruel, legal counsel, reported that during the previous superintendent search an ad hoc committee was formed to perform the application review.
An amendment to the motion was made by Mr. Falgout, seconded by Mr. Robert, to report back to the Board the information on the applicants who qualify as well as the ones who don’t qualify. After discussion the amendment was voted on and carried.
Mr. Pitre called for a vote on the motion as amended. The motion carried with one nay by Rev. Franklin.
There was discussion referencing the formation of an ad hoc committee for the purpose of a thorough detailed background review of each candidate who qualifies.
Next, Mr. Falgout reported that the President of the Calcasieu Association of Principals presented six suggestions/options to allow input from principals and other stakeholders in the selection process of the next superintendent. After discussion Mr. Falgout continued by stating that the following suggestions/options were unanimously approved:
Ø A form/survey based on qualifications/standards/criteria for evaluation with the opportunity to provide input should be sent to various employee groups.
Ø Have various employee groups meet and submit a list of prioritized characteristics/attributes that they would like to see in the next Superintendent.
Ø Receive input from the general public by sending letters to business, industry, public agencies, officials, educators and an open letter in the local newspaper requesting local input. These letters would request comments concerning overall goals and objectives for the district, accomplishments for the new superintendent and personality traits and criteria desirable for the new superintendent.
On behalf of the committee, Mr. Falgout moved to accept the outlined proposals as presented.
There was discussion regarding the public input and the inclusion of specific organizations/groups to the list that was provided by Mr. Spruel. Mr. Falgout made an amendment to the motion, seconded by Mr. Andrepont, that any organization or group, that a Board member deems necessary, would be added to the contact information that was supplied by legal counsel. It was noted that with the approval of the third suggestion/option that was presented, would give any interest organization/group opportunity to submit comments/input for the selection of the superintendent.
The amendment was voted on and carried.
Mr. Pitre then called for a vote on the motion to accept the suggestions/options as presented. The motion carried.
Next, a motion was made, seconded and approved, requesting that McNeese State University Education Department assist the Board in compiling public information with the results back to the Board by January 31, 2005. The motion carried with one nay by Rev. Franklin and two abstentions by Mr. Falgout and Ms. LaVergne.
Mr. Falgout reported that a motion was made, seconded and approved, that a letter, similar to the 1995 letter asking public input, be sent to the various groups that were defined in the previous motion with a response deadline of January 10, 2005. On behalf of the committee, Mr. Falgout moved to approve the recommendation.
After discussion, Mr. Tarver offered an amendment to the motion, seconded by Mrs. Duhon, which would allow employee/group input submitted in their own format as opposed to a form/survey generated by the Board.
The amendment to the motion was voted on and carried with two abstentions by Mr. Falgout and Ms. LaVergne.
Next, Mr. Pitre called for a vote on the motion as amended. The motion carried.
Discussion ensued relative to the date in which the letter should be sent. Mr. Duhon made a motion, seconded by Dr. Stephens, requesting that the letter be sent by Friday, December 10. The motion carried.
Mr. Falgout continued by reporting that a motion was made and seconded to amend the selection process used in the last election whereby you have one less vote than the number of candidates and you eliminate a candidate each round until the final three. At that point, the final three candidates would be ranked and the best vote would become the new superintendent.
An amendment to the motion was made and seconded to follow the same method until the top two candidates are identified instead of the top three candidates.
Mr. Falgout reported that a substitute motion was made, seconded and approved, to follow the previous process to eliminate candidates, narrow the candidates down to three finalists and re-interview, discuss and debate the remaining three candidates. Board would eliminate one candidate then vote on the remaining two candidates.
Mr. Falgout moved on behalf of the committee to approve the motion as approved.
Mr. Robert offered an amendment to the motion, seconded by Mr. Bernard, that the final vote would have a minimum of eight votes in favor of the new superintendent.
Mr. Andrepont offered a substitute motion on the amendment, seconded by Mr. Tarver, that a majority vote be accepted in favor of the new superintendent.
After discussion, the substitute amendment to accept the majority vote was voted on. The motion carried with nine yeas and five nays.
Mr. Pitre called
for a vote on the motion as amended. The motion carried with four nays.
Mr. Falgout reported that there was discussion regarding salary, contract and advertising. He stated that it was suggested that the Board review the contract and request the Budget committee to determine the salary for the new superintendent. Advertising could begin after the next board meeting, if approved.
Mr. Spruel and Mrs. Chiasson were commended for their assistance with gathering and disseminating information to the Board relative to the superintendent selection process.
Mr. Falgout reported that with no further discussion or action, the meeting adjourned.
Mr. Bernard left the meeting.
PRESENTATIONS
Louisiana Counselors of the Year Awards
Roger Creel, Vocational Education Supervisor, and Josephine Hawkins were recognized.
Mr. Creel announced that the Calcasieu Parish guidance counselors were recently awarded recognition for service at this year’s Louisiana School Counselors’ Association Division of the Louisiana Counseling Association Conference held in Lafayette this past October.
The Professional Recognition Committee of the Louisiana School Counselors’ Association named Mark Richard, counselor at Maplewood Middle School, who was recognized last spring as a recipient of the Outstanding Middle School Award in the parish, “Louisiana Middle School Counselor of the Year”.
Cindy Dowers, currently the guidance counselor at DeQuincy High School, who was a finalist last spring for the parish high school Counselor of the Year award, was selected as the Louisiana Multi-level Counselor of the Year (recognized for her tenure at Starks High School through 2003-2004 school year), by the same Professional Committee.
The Board congratulated Mr. Richard and Mrs. Dowers for their recognition by the LCA for their outstanding service to counseling and Calcasieu Parish students.
BID REPORTS
Re-Roofing of the Elementary Wing at Bell City High School, General Funds, Bid Number 2005-05PC, Moss Architects, Inc., Designer
The following bids were received:
Contractor Base Bid Alt. #1
Morgan Roofing Co., Inc. $252,111.00 $26,010.00
Daughdrill Roofing $234,392.00 $25,000.00
Construction Services, Inc. $221,470.00 $25,760.00
Grosjean Contractors, Inc. $196,000.00 $23,300.00
Ferguson Roofing Co., Inc. $218,000.00 $25,000.00
On motion by Mr. Webb, seconded by Dr. Stephens and carried, the contract was awarded to Grosjean Contractors, Inc., base bid plus alternate #1 in the amount of Two Hundred Nineteen Thousand Three Hundred Dollars and No/100 --------------($219,300.00)
Alternate #1 – Clean existing exterior masonry walls. Repoint mortar joints and seal (waterproof) exterior walls as specified. Remove caulk from joints around all windows. Provide new backer rod and caulk as specified.
Janitorial Supplies for 2004-2005, Second School Session, General Funds, Bid Number 2005-24
The following bids were received:
Vendor Name Bid Price
Economical Janitorial & Paper Supplies $59,726.18
(Kenner, LA)
Graybar Electric $ 141.12
(Lake Charles, LA) __________
Total Bid Amount $59,867.30
On motion by Mrs. Duhon, seconded by Mr. Webb and carried, the low bid for each item meeting specifications was approved.
Vincent Settlement Elementary School Restroom Addition, School District Number 30 Bond Funds, Bid Number 2005-06PC
The following bids were received:
Contractor Base Bid
Picheloup Construction $189,888.00
Charles Miller Construction $182,990.00
John D. Myers & Associates $154,850.00
Priola Construction $180,000.00
Lewing Construction $160,500.00
Carlton Construction $181,767.00
On motion by Mr. Duhon, seconded by Mr. Breaux and carried, the contract was awarded to John D. Myers & Associates (base bid) in the amount of One Hundred Fifty Four Thousand Eight Hundred Fifty Dollars & No/100 ------------------------------($154,850.00) as the lowest qualified bid meeting specifications.
PERMISSION TO ADVERTISE
Audio Visual Equipment for Libraries, General Funds, Bid Number 2005-27
On motion by Mr. Andrepont, seconded by Ms. LaVergne and carried, permission to advertise for audio visual equipment for libraries, general funds, bid number 2005-27, was approved.
CORRESPONDENCE
Change Order Number Two (2) for the Project “Additions and Renovations
to Nelson Elementary School,” Phase II, School District Number 34 Bond
Funds
On motion by Mr. Tarver, seconded by Mr. Robert and carried, change order number two (2) for the project “Additions and Renovations to Nelson Elementary School,” phase II, school district number 34 bond funds, project number 2004-20PC, for an increase of $16,126.00 and an extension of eight (8) days, H. Curtis Vincent-Steven D. Shows, Architects, designer; Priola Construction Company, contractor, was approved.
Change Order Number Three (3) for the Project “Additions and Renovations to Nelson Elementary School,” Phase II, School District Number 34 Bond Funds
On motion by Mr. Tarver, seconded by Mr. Robert and carried, change order number three (3) for the project “Additions and Renovations to Nelson Elementary School,” phase II, school district number 34 bond funds, project number 2004-20PC, for an increase of $26,990.00, H. Curtis Vincent-Steven D. Shows, Architects, designer; Priola Construction Company, contractor, was approved.
Change Order Number Four (4) for the Project “Additions and Renovations to New St. John Elementary School,” School District Number 34 Bond Funds
On motion by Mr. Tarver, seconded by Mr. Robert and carried, change order number four (4) for the project “Additions and Renovations to New St. John Elementary School,” school district number 34 bond funds, project number 2004-07PC, for an increase of $28,984.00, King and Moss Architects, designers; Alfred Palma, Inc., contractor, was approved.
Change Order Number Seven (7) for the Project “Additions and Renovations to Dolby Elementary School,” School District Number 34 Bond Funds
On motion by Mr. Tarver, seconded by Mr. Robert and carried, change order number seven (7) for the project “Additions and Renovations to Dolby Elementary School,” school district number 34 bond funds, project number 0217, for an increase of $698.00 and an extension of three (3) days, Champeaux Evans Hotard, designers; Alfred Palma, Inc., contractor, was approved.
Change Order Number Twenty-Three (23) for the Project “Sulphur High School 9th Grade Campus,” School District Number 30 Bond Funds
On motion by Mr. Breaux, seconded by Mr. Duhon and carried, change order number twenty-three (23) for the project “Sulphur High School 9th Grade Campus,” school district number 30 bond funds, project number 208877, for an increase of $23,246.00, C.R. Fugatt, AIA, designer; Alfred Palma, Inc., contractor, was approved.
Beneficial Occupancy for the Project “Additions and Renovations to Oak Park Elementary School,” School District Number 33 Bond Funds
On motion by Rev. Franklin, seconded by Mrs. Duhon and carried, beneficial occupancy for the project “Additions and Renovations to Oak Park Elementary School,” school district number 33 bond funds, project number 2004-04PC, Brossett Architect, LLC, designer; Bessette Development Corporation, contractor, was approved.
Recommendation of Acceptance for the Project “Additions and Renovations to Brentwood Elementary School,” School District Number 33 Bond Funds
On motion by Rev. Franklin, seconded by Mrs. Duhon and carried, recommendation of acceptance for the project “Additions and Renovations to Brentwood Elementary School,” school district number 33 bond funds, Moss Architect, Inc., designer; Lewing Construction Company, contractor, was approved.
Change Order Number One (1) for the Project “Additions and Renovations to the Iowa Track,” General Funds
On motion by Mr. Webb, seconded by Mr. Breaux and carried, change order number one (1) for the project “Additions and Renovations to the Iowa Track,” general funds, project number MA0415, for an Increase of $3,050.00, Moss Architects, Inc., designer; Asphalt Associates, Inc., contractor, was approved.
SUPERINTEDENT’S REPORT
On motion by Mr. Karr, seconded by Mr. Andrepont and carried, the following board dates were approved:
January 11, 2005
January 25, 2005
Calcasieu Parish Head Start Program
The Calcasieu Parish School System has become the new grantee of the Calcasieu Parish Head Start Program. The program will be funded by federal funds. The purpose of Head Start is to promote school readiness by enhancing the social and cognitive development of low-income children. Our vision is to provide a comprehensive service plan that aligns with the pre-existing pre-kindergarten program, promotes growth and development in young children, encourages self-sufficiency and fosters collaboration with other community agencies in order to provide high – quality education for all children and their families in Calcasieu Parish. The program also recognizes that the family is the principal influence on the child’s growth and development.
The program is projected to serve approximately 507 children and their families. Ten percent of the population must include children with disabilities.
Approximately 30 classes of highly qualified certified teachers and paraprofessionals are projected to be involved in the program transition date of January 1, 2005.
Currently, the following sites have been designated:
- Wonderland of Play in Lake Charles
- Immaculate Heart of Mary in Lake Charles
- Snoopy’s Den in DeQuincy
- Tom & Jerry in Iowa
- Mother Goose in Sulphur.
The objectives of the program are:
- To enhance the children’s healthy growth and development
- Strengthen families as the primary nurture of children
- Provide children with educational, health and nutritional services
- Link children and families to needed community services
- Ensure a well-managed program that involves parents in decision-making
These objectives will be in alignment with the pre-existing pre-kindergarten program in our system which serves approximately 1,200 four year old children.
CONDOLENCES/RECOGNITIONS
Mr. Andrepont commended Mr. Pitre for his service as Board President and thanked him for a job well done. He extended an invitation to the 9th Grade Sulphur High School Campus open house, Thursday, December 9 at 6:00. He thanked the Board for their vote of confidence and pledged to commit his service as the 2005 Board President.
Mr. Falgout requested a letter of condolence to the family of Jimmy Austin, Sr. Mr. Austin was an educational leader for many years. Mr. Falgout congratulated Mr. Theriot on his recent appointment of President Elect for the Urban School Superintendent’s Association.
Mrs. Duhon expressed her appreciation to Kean Miller Law Firm for supplying dictionaries to every student in the third grade. She also congratulated
Mr. Charles Allen, Principal of Forest K. White Middle School, on having been selected as a regional winner for the 2005 Principals of the Year Awards.
Mr. Webb requested a letter of condolence to the family of David Paine. Mr. Paine was a retired system educator. He also extended his appreciation to Mr. Pitre for his service as Board President.
Mr. Karr expressed his sympathy to the family of David Paine. He added that he was a tremendous leader and example for all children.
Mr. Tarver requested a congratulatory letter to be sent to the Barbe High School Girls’ Cross Country Track Team for being named the state champions.
Mr. Duhon requested a letter of congratulations to be sent to the Sulphur High School Chrous for their participation in the National Chrous competition held at Carnegie Hall.
Ms. LaVergne requested a letter congratulating the Washington/Marion High School Boys’ Basketball Team for winning the Lake Charles American Press Basketball Tournament.
SCHEDULE STANDING COMMITTEE MEETINGS
Budget/Fiscal Management Committee – Tuesday, December 14, 4:45
Board Meeting – Tuesday, January 11, 2005
EXECUTIVE SESSION
On motion by Mr. Webb, seconded by Mr. Breaux and unanimously carried, the Board went into Executive Session at 6:30 p.m. to discuss personnel matters. The Board resumed regular open session at 7:10 p.m.
TAKE APPROPRIATE ACTION
Personnel
On motion by Mr. Andrepont, seconded by Mr. Webb and unanimously carried, the following personnel changes were approved as recommended by the Superintendent:
Resignation
Ashley Hensley, Custodian, Bell City High School.
Recommend that her resignation become effective November 10, 2004.
Jerry Fontenot, Teacher, Barbe High School.
Recommend that his resignation become effective November 20, 2004.
Tina Bourgeois, Teacher Aide, Moss Bluff Elementary.
Recommend that her resignation become effective December 31, 2004.
Adrienne Link, Teacher, Prien Lake Elementary School.
Recommend that her resignation become effective December 17, 2004.
Frances Maddox, Teacher, DeQuincy Elementary School.
Recommend that her resignation become effective November 19, 2004.
Shonda Thibodeaux, Cafeteria Technician, Maplewood Middle.
Recommend that her resignation become effective November 8, 2004.
Kendrick Moton, Bus Driver, Barbe High School.
Recommend that his resignation become effective November 17, 2004.
Shanna Staley, Teacher, Lake Charles Boston High School.
Recommend that her resignation become effective December 19, 2004.
Carl Flanagan, Teacher/Head Coach, Sam Houston High School.
Recommend that his resignation of his coaching duties only become effective
December 2, 2004.
Retirement Notification
Susan Andrus, Teacher, Nelson Elementary School.
Recommend that her notification of retirement become effective January 28, 2005.
Kathyrn Porter, Teacher, T.S. Cooley Elementary School.
Recommend that her notification of retirement become effective January 11, 2005.
Blanche Foreman, Bus Aide, F. K. White Middle School.
Recommend that her notification of retirement become effective November 31,
2004.
Olivia Frank, Tutor, Pearl Watson Elementary School.
Recommend that her notification of retirement become effective November 18,
2004.
Leris Domingue, Custodian, W. W. Lewis Middle School.
Recommend that his notification of retirement become effective June 30, 2005.
Sylvia Myers, Bus Aide, Pearl Watson Elementary School.
Recommend that her notification of retirement become effective December 9, 2004.
Cheryl Fuselier, Teacher, Lake Charles Boston High School.
Recommend that her notification of retirement become effective January 12, 2005.
Ellen Hargett, Teacher Aide, College Oaks Elementary School.
Recommend that her notification of retirement become effective November 30,
2004.
Linda Kay Stephens, Counselor, S. P. Arnett Middle School.
Recommend that her retirement become effective January 13, 2005.
Maternity Leave
Michelle Fontenot, Teacher, College Oaks Elementary School.
Recommend that she be granted a maternity leave beginning November 8, 2004
until January 10, 2005.
Temikia Strout, Teacher, Barbe Elementary School.
Recommend that she be granted a maternity leave beginning December 6, 2004
until February 21, 2005.
Felecia Basley-Rious, Teacher, Lake Charles Boston High School.
Recommend that she be granted a maternity leave beginning December 17, 2004
until February 1, 2005.
Rhonda Ney, Teacher, R. W. Vincent Elementary School.
Recommend that she be granted a maternity leave beginning February 9, 2005 until
April 4, 2005.
Shaalom St. Mary, Teacher, Ralph Wilson Elementary School.
Recommend that she be granted a maternity leave beginning January 3, 2005 until
March 1, 2005.
LaTonia Celestine-Olivier, Teacher, Reynaud Middle School.
Recommend that she be granted a maternity leave beginning November 19, 2004
until January 10, 2005.
Eunice Hair, Teacher, Oak Park Middle School.
Recommend that she be granted a maternity leave beginning November 19, 2004
until January 17, 2005.
Leave Without Pay
Jannifer Fontenot, Teacher Aide, St. John Elementary School.
Recommend that she be granted a leave without pay beginning November 9, 2004
until January 3, 2005.
Theodoria Taylor, Cafeteria Technician, Vinton Elementary School.
Recommend that she be granted a leave without pay beginning November 17, 2004
until January 3, 2005.
Faith Blackburn, Teacher Aide, S. J. Welsh Middle School.
Recommend that she be granted a leave without pay beginning October 27, 2004
until January 3, 2005.
Lisa Broussard, Bus Driver, Moss Bluff Elementary School.
Recommend that she be granted a leave without pay beginning January 4, 2005
until March 11, 2005.
Nancy Edwards, Bus Driver, Sulphur High 9th Grade Campus.
Recommend that she be granted an extension of her leave without pay until May 31,
2005.
Deborah Fontenot, Teacher Aide, J. I. Watson Middle School.
Recommend that she be granted an extension of her leave without pay until May 10,
2005.
Professional Development
Adrienne Oakley, Librarian, LeBleu Settlement Elementary School.
Recommend that she be granted a leave for professional development for the spring
semester of the 2004-2005 school session.
Marianne Rodriguez, Teacher, Henry Heights Elementary School.
Recommend that she be granted a leave for professional development for the spring
semester of the 2004-2005 school.
Medical Sabbatical
Oneida Loup, 8th Grade Teacher, W. W. Lewis Middle School.
Recommend that she be granted a sabbatical leave for medical purposes for the
spring semester of the 2004-2005 school session.
Trudi Mays, Pre-K Teacher, Vincent Settlement Elementary School.
Recommend that she be granted a sabbatical leave for medical purposes for the
2004-2005 school session beginning September 20, 2004.
B. J. Colquette, Pre-K Teacher, Oak Park Elementary School.
Recommend that she be granted a sabbatical leave for medical purposes for the
spring semester of the 2004-2005 school session.
Jennifer Clyde, Kindergarten Teacher, D. S. Perkins Elementary School.
Recommend that she be granted a sabbatical leave for medical purposes for the
spring semester of the 2004-2005 school session.
Michael Simon, Counselor, Bell City High School.
Recommend that he be granted a sabbatical leave for medical purposes for the
spring semester of the 2004-2005 school session.
Wanda Shows, Teacher, Barbe High School.
Recommend that she be granted a sabbatical leave for medical purposes for the
spring semester of the 2004-2005 school session.
Vicki Williamson, 7th Grade Teacher, LeBlanc Middle School.
Recommend that she be granted a leave for medical purposes for the spring
semester of the 2004-2005 school session.
Administrative Changes
Joe Feucht, Principal, Westwood Elementary School.
Transferred to Purchasing Agent.
Phyllis Hess, Assistant Principal, Westwood Elementary School.
Transferred to Acting Principal at Westwood Elementary School for the remainder
of the 2004-2005 school session.
Recommend the Supervisor of Special Education
On motion by Mr. Breaux, seconded by Mr. Webb and carried, Kirk Credeur was
named the Supervisor of Special Education.
Administrative Changes
On motion by Mr. Andrepont, seconded by Mr. Breaux and carried, Gloria
Marcantel was named Acting Principal for D.S. Perkins Elementary School.
Permission to Advertise
On motion by Dr. Stephens, seconded by Mr. Webb and carried, permission to
advertise for an Acting Assistant Principal for Westwood Elementary School for the
remainder of the 2004-2005 school session was approved.
On motion by Mr. LaRocque, seconded by Ms. LaVergne and carried, permission
to advertise for a Head Coach for Sam Houston High School was approved.
Workers’ Compensation Claim
On motion by Mr. Tarver, seconded by Mr. Breaux and carried, it was approve to settle workers’ compensation claim number 0405066 according to legal advice.
Meeting Adjourned
On motion by Mr. Breaux, seconded by Mr. Andrepont and unanimously carried, the meeting was adjourned at 7:15 p.m.
_________________________
Jude W. Theriot, Secretary James W. Pitre, President