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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, May 6, 2003, at 5:00 p.m. Gregory Robert, President, called the meeting to order.
Sulphur High School Acappella Choir
The Sulphur High School Acappella Choir performed three songs, “Bogoroditse Devo,” “Going Up To Glory,” and “The Awakening.” The choir is under the direction of Linda Monta and accompanied by Sharon Stephenson. Ms. Monta announced that the choir won the Grand Champion of the S.A.M.E. Festivals Concert Choir Cup and the Best Alto Section Cup at the national competition held in Branson, Missouri.
Mr. Robert congratulated the choir members and Director Linda Monta and Accompanist Sharon Stephenson for an outstanding accomplishment and thanked them for their performance at the Board meeting.
The official business resumed with the prayer being led by Bryan LaRocque and the Pledge of Allegiance being led by R.L. Webb.
ROLL CALL
The roll was called and the following members were present: Joe A. Andrepont, Billy Breaux, Dale B. Bernard, 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.
Supplemental Agenda
On motion by Mr. Andrepont, seconded by Mr. Tarver and carried, the Supplemental Agenda was included as part of the regular agenda.
Mrs. Duhon raised a point of order opposing agenda item XII written as “Recognitions/Condolences.” She requested an explanation relative to the change from “Announcements and Requests.”
Mr. Theriot explained that, at the direction of the President, item XII was changed. The agenda was altered in an attempt to reduce or eliminate discussion that is not germane to the meeting agenda. He noted that written requests may be presented five days prior to a Board meeting for placement on the agenda or the item may be addressed at a committee level depending on the nature of the request. He stated that, according to policy, the President is authorized to set the agenda.
Rev. Franklin raised a point of order that the alteration of the standard agenda prohibits the members an opportunity to express/discuss pertinent issues that affect the Board. Rev. Franklin continued to express his view.
President Robert ruled that there would be no further discussion on this issue.
MINUTES APPROVED
On motion by Mr. Karr, seconded by Mr. Duhon and carried, the minutes of the regular meeting of April 15, 2003, were approved as presented with two nays by Clara Duhon and Rev. J.L. Franklin.
TAKE APPROPRIATE ACTION
By general consent the following item was placed on the agenda after the approval of the minutes:
Resolution Authorizing the Sale of Excess Revenue Refunding Bonds, Series 2003 Lake Charles, Louisiana May 6, 2003
The Calcasieu Parish School Board, State of Louisiana, met in regular public session at its regular meeting place in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, at 5:00 o’clock p.m. on May 6, 2003, pursuant to written notice given to each and every member thereof and duly posted in the manner required by law.
President Gregory P. Robert, 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. W. Webb
ABSENT: None
Jude W. Theriot, Board Secretary, also attended. The meeting was called to order and the roll called with the above results.
Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Duhon and seconded by Mr. Andrepont, 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. Pitre, Mr. Robert, Dr. Stephens, Mr. Tarver, and Mr. Webb
NAYS: None
BOND RESOLUTION
A resolution providing for the issuance, sale and delivery of TWO MILLION FIVE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 ($2,585,000) DOLLARS Calcasieu Parish School Board Excess Revenue Refunding Bonds, Series 2003; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain excess revenue certificates of indebtedness of the Issuer; and providing for other matters in connection therewith.
WHEREAS, the Calcasieu Parish School Board (the “Issuer”) has heretofore issued $4,500,000 of its Excess Revenue Certificates of Indebtedness (Classroom Facilities Project), Series 1999, dated June 1, 1999 on original issue, of which $3,360,000 is currently outstanding (the “Outstanding Certificates”), which Outstanding Certificates are secured by and payable from the excess of annual revenues accruing to the budget of the Issuer for the period during which the Outstanding Certificates remain outstanding, above statutory, necessary and usual charges, all in accordance with the provisions of Sections 2922 and 2933, et seq., of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter; and
WHEREAS, the Issuer has found and determined that currently refunding a portion of the Outstanding Certificates, consisting of Certificate No. R-05 maturing June 1, 2004, and all of the Outstanding Certificates which mature June 1, 2005 to June 1, 2009, inclusive (these maturities herein collectively referred to as the “Refunded Certificates”), would be advantageous to the Issuer (the “Refunded Certificates);
WHEREAS, the Calcasieu Parish School Board has adopted a preliminary resolution on March 11, 2003, expressing its intention to issue excess revenue refunding bonds of the Issuer in an amount not to exceed $2,750,000 pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “Act”);
WHEREAS, pursuant to the Act, it is now the desire of the Issuer to adopt this Bond Resolution in order to provide for issuance by the Issuer of $2,585,000 principal amount of its Excess Revenue Refunding Bonds, Series 2003 (the “Bonds”), for the purpose of currently refunding the Refunded Certificates, to fix the details of the Bonds and to sell the Bonds to the purchasers thereof;
WHEREAS, it is further necessary to provide for application of the proceeds of the Bonds and to provide for other matters in connection with payment or redemption of the Refunded Certificates;
WHEREAS, in connection with issuance of the Bonds, it is necessary that provision be made for payment of the principal, interest and redemption premium, if any, of the Refunded Certificates described in Exhibit A hereto, and to provide for the call for redemption of the Refunded Certificates, pursuant to a Notice of Call for Redemption;
WHEREAS, the Issuer desires to sell the Bonds to the purchasers thereof and to fix the details of the Bonds and the terms of the sale of the Bonds in accordance with the Bond Purchase Agreement attached hereto as Exhibit B;
NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, State of Louisiana, that:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. Definitions. The following terms shall have the following meanings in this resolution unless the context otherwise requires:
“Act” shall mean Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority.
“Bond” or “Bonds” shall mean any or all of the Excess Revenue Refunding Bonds, Series 2003, of the Issuer, issued pursuant to this Bond Resolution, as the same may be amended from time to time, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond. The Bonds shall be secured by and payable from the excess of annual revenues accruing to the budget of the Issuer for the six (6) year period during which the Refunded Certificates remain outstanding, above statutory, necessary and usual charges, all in accordance with the provisions of Sections 2922 and 2933, et seq., of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter.
“Bondholder,” “Registered Owner,” or “Owner” shall mean the Person reflected as registered owner of any of the Bonds on the registration books maintained by the Paying Agent. Notwithstanding any provision of this Bond Resolution to the contrary, the Insurer shall, at all times, be deemed an owner of all the Bonds for the purposes of consenting to any resolution supplementing or amending this Bond Resolution, and shall be notified in advance of the adoption of any resolution supplemental or amendatory hereto whether or not the consent of the Owners is required.
“Bond Counsel” shall mean an attorney or firm of attorneys whose experience in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized.
“Bond Obligation” shall mean, as of the date of computation, the principal amount of the Bonds then Outstanding.
“Bond Resolution” shall mean the resolution authorizing issuance of the Bonds, as further amended and supplemented as herein provided.
“Bond Year” shall mean the one-year period ending on the principal payment date on the Bonds (June 1).
“Business Day”" shall mean a day of the year other than a day on which banks located in New York, New York and the cities in which the principal offices of the Paying Agent is located are required or authorized to remain closed and on which the New York Stock Exchange is closed.
“Code” shall mean the Internal Revenue Code of 1986, as amended.
“Costs of Issuance” shall mean all items of expense, directly or indirectly payable or reimbursable and related to the authorization, sale and issuance of the Bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and charges for the preparation and distribution of a preliminary official statement and official statement, if paid by the Issuer, fees and disbursements of consultants and professionals, costs of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of the Bonds, costs and expenses of refunding, and any other cost, charge or fee paid or payable by the Issuer in connection with the original issuance of Bonds.
“Debt Service” for any period shall mean, as of the date of calculation, an amount equal to the sum of (i) interest payable during such period on Bonds and (ii) the principal amount of Bonds which mature during such period.
“Defeasance Obligations” shall mean (a) cash or (b) non callable Government Securities.
“Executive Officers” shall mean the President, Secretary and the Chief Financial Officer of the Calcasieu Parish School Board.
“Federal” shall mean the United States of America.
“Fiscal Year” shall mean the one-year period commencing on July 1 of each year, or such other one-year period as may be designated by the Governing Authority as the fiscal year of the Issuer.
“Governing Authority” shall mean the School Board of Calcasieu Parish, State of Louisiana, or its successor in function.
“Government Securities” shall mean direct general obligations of, or obligations the timely payment of principal of and interest on which are fully and unconditionally guaranteed by, the United States of America, which may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form.
“Insurer” shall mean, with respect to the Bonds, MBIA Insurance Corporation, Armonk, New York, or its successor and assigns.
“Interest Payment Date” shall mean June 1 and December 1 of each year, commencing December 1, 2003.
“Outstanding” when used with reference to the Bonds, shall mean as of any date, all Bonds theretofore issued under the Bond Resolution, except:
1. Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Bonds for the payment or redemption of which sufficient Defeasance Obligations have been deposited with the Paying Agent or an escrow agent in trust for the owners of such Bonds with the effect specified in Section 11.1 of this Bond Resolution, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to the Bond Resolution, to the satisfaction of the Paying Agent, or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to the Bond Resolution; and
4. Bonds alleged to have been mutilated, destroyed, lost, or stolen which have been paid as provided in the Bond Resolution or by law.
“Paying Agent” shall mean Argent Trust, a Division of National Independent Trust Company, Ruston, Louisiana, as paying agent and registrar hereunder, until a successor Paying Agent shall have become such pursuant to the applicable provisions of the Bond Resolution, and thereafter “Paying Agent” shall mean such successor Paying Agent.
“Person” shall mean any individual, corporation, partnership, joint venture, association joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Pledged Revenues” shall mean the excess of annual revenues accruing to the budget of the Issuer, including Unreserved General Fund Balance of the Issuer, for the six (6) year period during which the Refunded Certificates remain outstanding, above statutory, necessary and ususal charges, all in accordance with the provisions of Sections 2922 and 2933, et seq., of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter.
“Qualified Investments” shall mean (i) cash, (ii) Government Securities, and (iii) time certificates of deposit of state banks organized under the laws of the State and national banks having their principal office in the State which are fully collateralized by government securities as provided by Louisiana law, or any other investment security which may be permitted by Louisiana law.
“Record Date” shall mean, with respect to an Interest Payment Date, the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a Business Day.
“Refunded Certificates” shall mean the Certificate No. R-05 maturing June 1, 2004, and all of the Outstanding Certificates which mature June 1, 2005 to June 1, 2009, inclusive, of the Issuer’s outstanding Excess Revenue Certificates of Indebtedness (Classroom Facilities Project), Series 1999, dated June 1, 1999 on original issue, which are being refunded by the Bonds, as more fully described in Exhibit A hereto.
“State” shall mean the State of Louisiana.
“Underwriter” shall mean Crews & Associates, Inc., Little Rock, Arkansas.
“Unreserved Fund Balance” shall mean, with respect to the Issuer’s General Fund each Fiscal Year, current available financial resources available for spending for any lawful purpose, in accordance with Generally Accepted Accounting Principals (“GAAP”).
SECTION 1.2. Interpretation. In this Bond Resolution, unless the context otherwise requires, (a) words importing the singular include the plural and vice versa, (b) words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders and (c) the title of the offices used in this Bond Resolution shall be deemed to include any other title by which such office shall be known under any subsequently adopted charter.
ARTICLE II
AUTHORIZATION AND ISSUANCE OF BONDS
SECTION 2.1. Authorization of Bonds. This Bond Resolution creates an issue of Bonds to be designated “Calcasieu Parish School Board Excess Revenue Refunding Bonds, Series 2003,” and provides for the full and final payment of the principal or redemption price of, and interest on all the Bonds.
(b) The Bonds issued under this Bond Resolution shall be issued for the purpose of providing funds for payment in full on the date of issuance and delivery of the Bonds, of the principal of, premium, if any, and interest on the Refunded Certificates.
(c) Provision having been made for the full payment and redemption of the Refunded Certificates, in accordance with their terms, it is hereby recognized and acknowledged that as of the date of delivery of the Bonds under this Bond Resolution, provision will have been made for the performance of all covenants and agreements of the Issuer incidental to the Refunded Certificates, and that accordingly, and in compliance with all that is herein provided, the Issuer is expected to have no future obligation with reference to the aforesaid Refunded Certificates, and that the Refunded Certificates will be defeased pursuant to the terms of the resolution of the Governing Authority which authorized their issuance, and the Act.
(d) The Issuer does hereby find that since substantial benefits will accrue from insurance of the Bonds, the Bonds are being insured by the Insurer and an appropriate legend shall be printed on the Bonds as evidence of such insurance. The cost of the Municipal Bond Insurance Policy shall be paid by the Issuer from proceeds of the Bonds.
SECTION 2.2. Bond Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Bonds by those who shall own the same from time to time, the provisions of this Bond Resolution shall be a part of the contract of the Issuer with the Owners of the Bonds and shall be deemed to be and shall constitute a contract between the Issuer and the Owners from time to time of the Bonds. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Owners of any and all of the Bonds, each of which Bonds, regardless of the time or times of its issue or maturity, shall be of equal rank without preference, priority or distinction over any other thereof except as expressly provided in this Bond Resolution.
SECTION 2.3. Obligation of Bonds. The Bonds shall be secured by and payable in principal, premium, if any, and interest solely from an irrevocable pledge and dedication of the Pledged Revenues. The Pledged Revenues are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for payment of the Bonds in principal, premium, if any, and interest as they shall become due and payable, and for other purposes hereinafter set forth in this Bond Resolution. All of the Pledged Revenues shall be set aside in a separate fund as hereinafter provided, and shall be and remain pledged for the security and prompt payment of the Bonds, in principal, premium, if any, and interest and for all other payments provided for in this Bond Resolution until such Bonds shall have been fully paid and discharged.
SECTION 2.4. Authorization and Designation. Pursuant to the provisions of the Act, there is hereby authorized issuance of not $2,585,000 principal amount of Bonds to be designated “Excess Revenue Refunding Bonds, Series 2003,” for the purpose of currently refunding the Refunded Certificates. The Bonds shall be in substantially the form set forth in Exhibit C hereto, with such necessary or appropriate variations, omissions and insertions as are required or permitted by the Act and this Bond Resolution.
SECTION 2.5. Denominations, Dates, Maturities and Interest. The Bonds are issuable as fully registered bonds without coupons in the denominations of $5,000 principal amount or any integral multiple thereof within a single maturity, and shall be numbered R-l upwards.
The Bonds shall be dated June 1, 2003, shall bear interest payable on June 1 and December 1 of each year, commencing December 1, 2003, at the rates per annum and annual principal maturities set forth in the final Official Statement to be approved by the Executive Officers, and shall mature on June 1 in the years and in the principal amounts set forth below:
DATE PRINCIPAL INTEREST (June 1) PAYMENT RATE 2004 70,000 2.00% 2005 470,000 2.00% 2006 485,000 2.00% 2007 505,000 2.20% 2008 520,000 2.50% 2009 535,000 4.25%
The principal and premium, if any, of the Bonds are payable in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof. Interest on the Bonds is payable by check mailed on or before the Interest Payment Date by the Paying Agent to the Owner (determined as of the Record Date) at the address of such Owner as it appears on the registration books of the Paying Agent maintained for such purpose. Except as otherwise provided in this Section, 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, as the case may be, provided, however, that if and to the extent that the Issuer shall default in payment of interest on any Bonds due on any Interest Payment Date, then all such Bonds shall bear interest at their stated rate from the most recent Interest Payment Date to which interest has been paid on the Bonds, or if no interest has been paid on the Bonds, from their dated date. 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 shall in all cases be entitled to receive the interest payable on such Interest Payment Date (unless such Bond has been called for redemption on a redemption date which is prior to such Interest Payment Date) not withstanding cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date.
ARTICLE III
GENERAL TERMS AND PROVISIONS OF THE BONDS
SECTION 3.1. Exchange of Bonds; Persons Treated as Owners. The Issuer shall cause books for the registration and for the registration of transfer of the Bonds as provided in this Bond Resolution to be kept by the Paying Agent at its principal corporate trust office, and the Paying Agent is hereby constituted and appointed the registrar for the Bonds. At reasonable times and under reasonable regulations established by the Paying Agent said list may be inspected and copied by the Issuer or by the Owners (or a designated representative thereof) of 15% of the outstanding principal amount of the Bonds.
Upon surrender for registration of transfer of any Bond, the Paying Agent shall register and deliver in the name of the transferee or transferees one or more new fully registered Bonds of authorized denomination of the same maturity and like aggregate principal amount. At the option of the Owner, Bonds may be exchanged for other Bonds of authorized denominations of the same maturity and like aggregate principal amount, upon surrender of the Bonds to be exchanged at the principal corporate trust office of the Paying Agent. Whenever any Bonds are so surrendered for exchange, the Paying Agent shall register and deliver in exchange therefor the Bond or Bonds which the Bondholder making the exchange shall be entitled to receive. All Bonds presented for registration of transfer or exchange shall be accompanied by a written instrument or instruments of transfer in form and with a guaranty of signature satisfactory to the Paying Agent, duly executed by the Owner or his attorney duly authorized in writing.
No service charge to the Owners shall be made by the Paying Agent for any exchange or registration of transfer of Bonds. The Paying Agent may require payment by the person requesting an exchange or registration of transfer of Bonds of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. The Issuer and the Paying Agent shall not be required (a) to issue, register the transfer of or exchange any Bond during a period beginning at the opening of business on the 15th calendar day of the month next preceding an Interest Payment Date or any date of selection of Bonds to be redeemed and ending at the close of business on the Interest Payment Date or day on which the applicable notice of redemption is given or (b) to register the transfer of or exchange any Bond so selected for redemption in whole or in part.
All Bonds delivered upon any registration of transfer or exchange of Bonds shall be valid obligations of the Issuer, evidencing the same debt and entitled to the same benefits under this Bond Resolution as the Bonds surrendered. Prior to due presentment for registration of transfer of any Bond, the Issuer and the Paying Agent, and any agent of the Issuer or the Paying Agent may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary.
SECTION 3.2. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated or be improperly canceled, or be destroyed, stolen or lost, the Governing Authority may in its discretion adopt a resolution and thereby authorize issuance and delivery of a new Bond in exchange for and substitution for such mutilated or improperly canceled Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner (i) furnishing the Issuer and the Paying Agent proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Issuer and the Paying Agent, (ii) giving to the Issuer and the Paying Agent an indemnity bond in favor of the Issuer and the Paying Agent in such amount as the Issuer may reasonably require, (iii) compliance with such other reasonable regulations and conditions as the Issuer may prescribe and (iv) paying such expenses as the Issuer and the Paying Agent may incur. All Bonds so surrendered shall be delivered to the Paying Agent for cancellation pursuant to Section 3.4 hereof. If any Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof any such duplicate Bond issued pursuant to this Section shall constitute an original, additional, contractual obligation on the part of the Issuer, whether or not the lost, stolen or destroyed Bond be at any time found by anyone. Such duplicate Bond shall be in all respects identical with those replaced except that it shall bear on its face the following additional clause: “This bond is issued to replace a lost, canceled or destroyed bond under the authority of R.S. 39:971 through 39:974.”
Such duplicate Bond may be signed by the facsimile signatures of the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds are no longer in office, then the new Bonds may be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source and security for payment as provided herein with respect to all other Bonds hereunder, the obligation of the Issuer upon the duplicate Bonds being identical to their obligations upon the original Bonds and the rights of the Owner of the duplicate Bonds being the same as those conferred by the original Bonds.
SECTION 3.3. Preparation of Definitive Bonds, Temporary Bonds. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 3.5, and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds except as to the denominations, one or more temporary typewritten Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in authorized denominations, and with such omissions, insertions and variations as may be appropriate to temporary Bonds.
SECTION 3.4. Cancellation of Bonds. All Bonds paid or redeemed either at or before maturity, together with all Bonds purchased by the Issuer, shall thereupon be promptly cancelled by the Paying Agent. The Paying Agent shall thereupon promptly furnish to the Executive Officers an appropriate certificate of cancellation.
SECTION 3.5. Execution. The Bonds shall be executed in the name and on behalf of the Issuer by the manual or facsimile signatures of the President and Secretary, and the corporate seal of the Calcasieu Parish School Board (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been actually delivered, such Bonds may, nevertheless, be delivered as herein provided, and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Said officers shall, by the execution of the Bonds, adopt as and for their own proper signatures their respective facsimile signatures appearing on the Bonds or any legal opinion certificate thereon, and the Issuer may adopt and use for that purpose the facsimile signature of any person or persons who shall have been such officer at any time on or after the date of such Bond, notwithstanding that at the date of such Bond such person may not have held such office or that at the time when such Bond shall be delivered such person may have ceased to hold such office.
SECTION 3.6. Registration by Paying Agent No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Bond Resolution unless and until a certificate of registration on such Bond shall have been duly executed on behalf of the Paying Agent by a duly authorized signatory, and such executed certificate of the Paying Agent upon any such Bond shall be conclusive evidence that such Bond has been executed, registered and delivered under this Bond Resolution.
SECTION 3.7. Regularity of Proceedings. The Issuer, having investigated the regularity of the proceedings had in connection with issuance of the Bonds, and having determined the same to be regular, each of 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 this State.”
ARTICLE IV
PAYMENT OF BONDS; DISPOSITION OF FUNDS
SECTION 4.1. Deposit of Funds With Paying Agent. The Issuer covenants that it will deposit or cause to be deposited with the Paying Agent from the Pledged Revenues or other funds available for such purpose, at least one (1) Business Day in advance of the date on which payment of principal, premium, if any, and/or interest falls due on the Bonds, funds fully sufficient to pay promptly the principal, premium, if any, and interest so falling due on such date.
SECTION 4.2. Issuer’s Obligation. The Issuer does hereby obligate itself to budget annually a sufficient sum of money to pay the Bonds and the interest thereon as they respectively mature, and to levy and collect taxes and other revenues in each year, within the limits prescribed by law, sufficient to pay the principal of and the interest on all outstanding Bonds and Certificates of Indebtedness, after payment in such years of all statutory, necessary and usual charges, until all of the Bonds have been retired as to both principal and interest, or provision therefor has been made in accordance with the provisions of Section 11.1 hereof. It shall be specifically understood and agreed, however, and this provision shall be made a part of this contract, that after the funds have actually been set aside out of the revenues of any year sufficient to pay the principal of and the interest on the Bonds for that year and such funds have been deposited in a Sinking Fund, then any excess of annual revenues remaining in that year shall be free for expenditure by the Issuer for other lawful purposes.
SECTION 4.3. Funds and Accounts. In order that the principal of and interest on the Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows: The excess of annual revenues of the Issuer above statutory, necessary and usual charges constituting Pledged Revenues shall be deposited the credit of the Issuer, in separate and special bank accounts established and maintained with the regularly designated fiscal agent of the Calcasieu Parish School Board and designated “Excess Revenue Refunding Bond Sinking Fund” (the “Sinking Fund”). Funds on deposit in the Sinking Fund shall constitute dedicated funds of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for the purposes of paying the principal of, interest on, and redemption premium, if any, of the Bonds. Said fiscal agent shall transfer from said Sinking Fund to the paying agent bank or banks for all Bonds payable from said fund, at least one (1) Business Day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest so falling due on such date.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in Qualified Investments, provided that Bond proceeds representing accrued interest, if any, shall be invested in Government Securities, maturing prior to the first interest payment date of the respective issues of bonds as herein provided. All income derived from such investments shall be added to the applicable Sinking Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sinking Fund is herein created.
SECTION 4.4. Funds to Constitute Trust Funds. The Sinking Fund provided for in Section 4.3 hereof shall all be and constitute a trust fund for the purposes provided in this Bond Resolution, and the Owners of Bonds issued pursuant to this Bond Resolution are hereby granted a lien on all such funds until applied in the manner provided herein. The moneys in such fund shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State.
SECTION 4.5. Method of Valuation and Frequency of Valuation. In computing the amount in any fund provided for in Section 4.3, investments shall be valued at the lower of the cost or the market price, exclusive of accrued interest. With respect to the Sinking Fund valuation shall occur annually. If any investment in the Sinking Fund ceases to be a Qualified Investment, then such non-conforming investment shall be sold or liquidated and the proceeds thereof invested in Qualified Investments.
ARTICLE V
REDEMPTION OF BONDS
SECTION 5.1. Redemption of Bonds. The Bonds shall not be callable for redemption prior to their stated maturities.
ARTICLE VI
PARTICULAR COVENANTS, ADDITIONAL BONDS
SECTION 6.1. Obligation of the Issuer in Connection with Issuance of the Bonds. As a condition of the issuance of the Bonds, the Issuer hereby binds and obligates itself to: (a) pay on the date of issuance of the Bonds, the principal of, premium, if any, and interest on the Refunded Certificates; and (b) deposit in trust with the Paying Agent such amount of the proceeds of the Bonds as will enable the Paying Agent to pay the costs properly attributable to the establishment and administration of the Sinking Fund.
SECTION 6.2. Payment of Bonds. The Issuer shall budget in each Fiscal Year sufficient Pledged Revenues to make all payments required by Section 4.3 in such Fiscal Year, and shall also duly and punctually pay or cause to be paid as herein provided, the principal of every Bond and the interest thereon, at the dates and places and in the manner stated in the Bonds according to the true intent and meaning thereof.
SECTION 6.3. Tax Covenants. (A) To the extent permitted by the laws of the State, the Issuer will comply with the requirements of the Code to establish, maintain and preserve the exclusion from “gross income” of interest on the Bonds under the Code. The Issuer shall not take any action or fail to take any action, nor shall they permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly to acquire any securities or obligations the acquisition of which would cause any Bond to be an “arbitrage bond” as defined in the Code or would result in the inclusion of the interest on any Bond in “gross income” under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of the proceeds of the Bonds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America, or (iii) the use of proceeds of the Bonds in a manner which would cause the Bonds to be “private activity bonds” under the Code.
(B) The Issuer shall not permit at any time or times any proceeds of the Bonds or any other funds of the Issuer to be used, directly or indirectly, in a manner which would result in exclusion of interest on any Bond from the treatment afforded by Section 103(a) of the Code, as from time to time amended, or any successor provision thereto.
(C) For purposes of paragraphs (A) and (B) above, “interest” shall include any original issue discount properly allocable to the holder of a Bond.
(D) The Bonds herein authorized are designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code. In making this designation, Issuer finds and determines that:
(i) the Bonds are not “private activity bonds” within the meaning of the Code;
(ii) upon original issue, the Refunded Certificates were “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code;
(iii) the amount of the Bonds does not exceed the outstanding amount of the Refunded Certificates;
(iv) the average maturity date of the Bonds is not later than the average maturity date of the Refunded Certificates;
(v) the maturity date of the Bonds is not later than 30 years after the date the Refunded Certificates were issued; and
(vi) the face amount of the Bonds does not exceed $10,000,000.
SECTION 6.4. Issuer to Maintain Books and Records. So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entries of all transactions relating to the collection and expenditure of revenues, including receipts of ad valorem taxes, including specifically but without limitation, all reasonable and necessary costs and expenses of collection. Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disbursements made for the account of the Sinking Funds. Such audit shall be available for inspection upon request by the Owners of any of the Bonds.
SECTION 6.5. Pledged Revenues Not Encumbered. As of this date, the Pledged Revenues are not pledged or encumbered in any way, except to the payment of the Refunded Certificates and other excess revenue certificates previously or simultaneously issued by the Issuer.
ARTICLE VII
SUPPLEMENTAL BOND RESOLUTIONS
SECTION 7.1. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes and at any time from time to time, a resolution and/or ordinance supplemental hereto may be adopted, which, upon filing with the Paying Agent of a certified copy thereof, but without any consent of Owners, shall be fully effective in accordance with its terms: (a) to add to the covenants and agreements of the Issuer in the Bond Resolution other covenants and agreements to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect; (b) to add to the limitations and restriction in the Bond Resolution other limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect; (c) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of the Bond Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the Issuer contained in the Bond Resolution; (d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of the Bond Resolution; or (e) to insert such provisions clarifying matters or question arising under the Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with the Bond Resolution as theretofore in effect.
SECTION 7.2. Supplemental Resolutions Effective With Consent of Owners. Except as provided in Section 7.1, any modification or amendment of the Bond Resolution or of the rights and obligations of the Issuer and of the Owners of the Bonds hereunder, in any particular, may be made by a supplemental resolution, with the written consent of the Owners of a majority of the Bond Obligation at the time such consent is given. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or the redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages of Bonds the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the Issuer to budget annually Pledged Revenues for payment of the Bonds as provided herein, without the consent of the Owners of all of the Bonds then outstanding, or shall change or modify any of the rights or obligations of either the Paying Agent without its written assent thereto. For purposes of this Section, Bonds shall be deemed to be affected by a modification or amendment of the Bond Resolution if the same adversely affects or diminishes the rights of the Owners of said Bonds.
ARTICLE VIII
PARITY BONDS
SECTION 8.1. Issuance of Parity Bonds. All of the Bonds shall enjoy complete parity of lien on the Pledged Revenues despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Issuer may issue other bonds or obligations payable from or enjoying a lien on the Pledged Revenues on a parity with the Bonds.
ARTICLE IX
REMEDIES ON DEFAULT
SECTION 9.1. Events of Default. If one or more of the following events (in this Bond Resolution called “Events of Default”) shall happen, that is to say,
(a) if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or
(b) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or
(c) if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in the Bond Resolution, any supplemental resolution or in the Bonds contained and such default shall continue for a period of forty-five (45) days after written notice thereof to the Issuer by the Insurer or the Owners of not less than 25% of the Bond Obligation (as defined in the Bond Resolution); or
(d) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law;
then, upon the happening and continuance of any Event of Default the Owners of the Bonds shall be entitled to exercise all rights and powers for which provision is made under Louisiana law. Under no circumstances may the principal or interest of any of the Bonds be accelerated. All remedies shall be cumulative with respect to the Paying Agent and the Owners; if any remedial action is discontinued or abandoned, the Paying Agent and the Owners shall be restored to the former positions. ARTICLE X
CONCERNING FIDUCIARIES
SECTION 10.1. Paying Agent; Appointment and Acceptance of Duties. The Issuer will at all times maintain a Paying Agent having the necessary qualifications for the performance of the duties described in this Bond Resolution. The designation of Argent Trust, a Division of National Independent Trust Company, in the City of Ruston, Louisiana, as the initial Paying Agent is hereby confirmed and approved. The Paying Agent shall signify its acceptance of the duties and obligations imposed on it by the Bond Resolution by executing and delivering an acceptance of its rights, duties and obligations as Paying Agent set forth herein in form and substance satisfactory to the Issuer.
SECTION 10.2. Successor Paying Agent. Any successor Paying Agent shall be a trust company or bank in good standing, located in or incorporated under the laws of the State, and duly authorized to exercise trust powers and subject to examination by federal or state authority. No resignation or removal of the Paying Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent. Every successor Paying Agent appointed pursuant to this Section shall be a trust company or bank in good standing located in or incorporated under the laws of the State, and duly authorized to exercise trust powers and subject to examination by federal or state authority.
ARTICLE XI
MISCELLANEOUS
SECTION 11.1. Evidence of Signatures of Bondholders and Ownership of Bonds. (a) Any request, consent, revocation of consent or other instrument which the Bond Resolution may require or permit to be signed and executed by the Owners may be in one or more instruments of similar tenor, and shall be signed or executed by such Owners in person or by their attorneys-in-fact appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the ownership by any person of the Bonds shall be sufficient for any purpose of the Bond Resolution (except as otherwise therein expressly provided) if made in the following manner, or in any other manner satisfactory to the Paying Agent, which may nevertheless in its discretion require further or other proof in cases where it deems the same desirable:
1. The fact and date of execution by any Owner or his attorney-in-fact of such instrument may be proved by the certificate, which need not be acknowledged or verified, of an officer of a bank or trust company or of any notary public or other officer authorized to take acknowledgments of deeds, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
2. The ownership of Bonds and the amount, numbers and other identification, and date of owning the same shall be proved by the registration books of the Paying Agent.
(b) Any request or consent by the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Issuer or the Paying Agent in accordance therewith.
SECTION 11.2. Moneys Held for Particular Bonds. The amounts held by the Paying Agent for the payment due on any date with respect to particular Bonds shall, on and after such date and pending such payment, be set aside on its books and held in trust by it, without liability for interest, for the Owners of the Bonds entitled thereto.
SECTION 11.3. Parties Interested Herein. Nothing in the Bond Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or corporation, other than the Issuer, the Paying Agent and Owners of the Bonds any right, remedy or claim under or by reason of the Bond Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in the Bond Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent and Owners of the Bonds.
SECTION 11.4. No Recourse on the Bonds. No recourse shall be had for payment of the principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution against any member of the Governing Authority or officer of the Issuer or any person executing the Bonds.
SECTION 11.5. Successors and Assigns. Whenever in this Bond Resolution the Issuer is named or referred to, it shall be deemed to include its successors, and assigns and all the covenants and agreements in this Bond Resolution contained by or on behalf of the Issuer shall bind and enure to the benefit of its successors, and assigns whether so expressed or not.
SECTION 11.6. Subrogation. In the event the Bonds herein authorized to be issued, or any of them, should ever be held invalid by any court of competent jurisdiction, the Owner or Owners thereof shall be subrogated to all the rights and remedies against the Issuer had and possessed by the Owner or Owners of the Refunded Certificates.
SECTION 11.7. Severability. In case any one or more of the provisions of the Bond 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 the Bond Resolution or of the Bonds, but the Bond 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 of the Bond Resolution which validates or makes legal any provision of the Bond Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to apply to this Bond Resolution and to the Bonds.
SECTION 11.8. Publication of Bond Resolution; Preemption. This Bond Resolution shall be published one time in the official journal of the Governing Authority; however, it shall not be necessary to publish any exhibits hereto if the same are available for public inspection and such fact is stated in the publication. For thirty days after the date of publication, any person in interest may contest the legality of this Bond Resolution, any provision of the Bonds, the provisions therein made for the security and payment of the Bonds and the validity of all other provisions and proceedings relating to the authorization and issuance of the Bonds. After the said thirty days, no person may contest the regularity, formality, legality or effectiveness of this Bond Resolution, any provisions of the Bonds to be issued pursuant hereto, the provisions for the security and payment of the Bonds and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause whatever. Thereafter, it shall be conclusively presumed that the Bonds are legal and that every legal requirement for the issuance of the Bonds has been complied with. No court shall have authority to inquire into any of these matters after the said thirty days.
SECTION 11.9. Execution of Documents. In connection with issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of Bond Counsel, to effect the transactions contemplated by this Bond Resolution, the signatures of the Executive Officers on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder. SECTION 11.10. Recordation. A certified copy of this Bond Resolution shall be filed and recorded as soon as possible in the Mortgage Records of the Parish of Calcasieu, State of Louisiana.
ARTICLE XII
SALE OF BONDS
SECTION 12.1. Sale of Bonds. The award and sale of the Bonds to the Underwriter at a price of $2,603,484.08 (representing principal of $2,585,000, plus a reoffering premium of $49,317.00, plus accrued interest in the amount of $187.08, less $31,020.00 Underwriters’s Discount), and under the terms and conditions set forth in the Bond Purchase Agreement attached hereto as Exhibit B, is hereby ratified and confirmed. After their execution and authentication by the Paying Agent, the Bonds shall be delivered to the Underwriter or its agent or assign, upon receipt by the Issuer of the agreed purchase price. The Executive Officers are hereby authorized, empowered and directed, on behalf of the Issuer, to deliver or cause to be executed and delivered all documents required to be executed on behalf of the Issuer or deemed by them necessary or advisable to implement the Bond Resolution or to facilitate the sale of the Bonds.
SECTION 12.2. Official Statement. The Issuer hereby approves the form and content of the Official Statement pertaining to the Bonds, as submitted to the Issuer, and hereby ratifies its prior use in connection with the sale of the Bonds. The Issuer further authorizes and directs execution thereof by the Executive Officers and delivery of such final Official Statement to the Underwriter for use in connection with the public offering of the Bonds.
SECTION 12.3. Executive Officers Determine Bond Terms. The Executive Officers are hereby designated as representatives of the Issuer and are authorized to accept and execute on behalf of the Issuer an offer of the Underwriters for purchase of the Bonds as expressly set forth in the Bond Purchase Agreement, provided (i) a policy of municipal bond insurance is obtained for the Bonds, and (ii) the offer of purchase by the Underwriters is received by the Executive Officers by not later than June 2, 2003, and such offer sets an average interest rate of more than 3.00% per annum, and a sales price of the Bonds at not less than 98.8% of the par value thereof (exclusive of bond insurance premium), plus accrued interest to the date of delivery of the Bonds. The Executive Officers may, in their discretion, establish on behalf of the Issuer the par value of the Bonds, the interest rates payable thereon as well as the annual principal maturities thereof.
The Executive Officers be and they are hereby authorized and directed to take all actions in conformity with the Act, if necessary, or reasonably required to effectuate the issuance, sale and delivery of the Bonds and shall take all action necessary or desirable in conformity with the Act for carrying out, giving effect to and consummating the transactions contemplated by the Bonds, this Bond Resolution, and the Final Official Statement, including without limitation, the execution and delivery of any closing documents in connection with the issuance, sale and delivery of the Bonds. The Executive officers are specifically authorized to approve such changes to said documents as are necessary and appropriate and not contrary to the general tenor thereof, such approval to be conclusively evidenced by such execution thereof.
ARTICLE XIII
REDEMPTION OF REFUNDED CERTIFICATES
SECTION 13.1. Call for Redemption. Subject only to delivery of the Bonds, the Refunded Certificates are hereby irrevocably called for redemption on June 1, 2003, at a redemption price of 100% of the principal amount of each Certificate so redeemed, and accrued interest to the date of redemption, in compliance with the resolution authorizing their issuance.
SECTION 13.2. Notice of Redemption. In accordance with the resolutions authorizing issuance of the Refunded Certificates, notice of redemption in substantially the form attached hereto as Exhibit D, shall be given by means of first class mail (postage prepaid) not less than thirty (30) days prior to the date fixed for redemption, addressed to the registered owner of each Certificate to be redeemed at his address as shown on the registration books of the paying agent for the Refunded Certificates.
ARTICLE XIV
CONTINUING DISCLOSURE UNDERTAKING
SECTION 14.1. Continuing Disclosure. The Chief Financial Officer of the Issuer is hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix G of the official statement issued in connection with the issuance and sale of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
ADOPTED AND APPROVED on this 6th day of May 2003.
/s/ Gregory P. Robert GREGORY P. ROBERT, President
/s/ Jude W. Theriot JUDE W. THERIOT, Secretary
(Other business not pertinent to the present excerpt may be found of record in the official minute book.)
Upon motion duly made and unanimously carried, the meeting was adjourned.
/s/ Gregory P. Robert GREGORY P. ROBERT, President
/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 Public Schools for the Parish of Calcasieu, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board.
I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the Calcasieu Parish School Board, held on May 6, 2003, 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 the Calcasieu Parish School Board on this, the 6th day of May 2003. ___________________________ JUDE W. THERIOT, Secretary
Exhibit A to Bond Resolution
REFUNDED CERTIFICATES
$4,500,000 Calcasieu Parish School Board Excess Revenue Certificates of Indebtedness (Classroom Facilities Project) Series 1999
MATURITY INTEREST CERTIFICATE DATE RATE PER PRINCIPAL NO. (June 1) ANNUM AMOUNT R-05 2004 4.40% $ 45,000 R-07 2005 4.40% 445,000 R-08 2006 4.40% 470,000 R-09 2007 4.40% 500,000 R-10 2008 4.40% 525,000 R-11 2009 4.40% 555,000 $2,540,000
Exhibit B to Bond Resolution BOND PURCHASE AGREEMENT
$2,630,000 CALCASIEU PARISH SCHOOL BOARD EXCESS REVENUE REFUNDING BONDS SERIES 2003
May 6, 2003
Calcasieu Parish School Board 1724 Kirkman Street Lake Charles, Louisiana 70601
Gentlemen:
The undersigned, Crews & Associates, Inc., Little Rock, Arkansas (the “Underwriter”), offers to enter into this agreement with the Calcasieu Parish School Board (the “Issuer”), which, upon your acceptance of this offer, will be binding upon you and upon us.
This offer is made subject to your acceptance of this agreement on or before 6:00 p.m., Lake Charles, Louisiana Time on this date.
1. Purchase Price. Upon the terms and conditions and upon the basis of the respective representations, warranties and covenants set forth herein, the Purchaser hereby agrees to purchase from the Issuer, and the Issuer hereby agrees to sell to the Purchaser, all (but not less than all) of the above-captioned Excess Revenue Refunding Bonds, Series 2003, of the Issuer (the “Bonds”). The purchase price of the Bonds is set forth in Schedule I hereto. Such purchase price shall be paid at the Closing (hereinafter defined) in accordance with paragraph 6 hereof. The Bonds are to be issued by the Issuer and are to be secured by and payable from the excess of annual revenues accruing to the budget of the Issuer for the period during which the Outstanding Certificates remain outstanding, above statutory, necessary and usual charges, in accordance with Sections 2922 and 2933, et seq., of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter, all as provided in the Bond Resolution adopted by the Issuer on May 6, 2003 (the “Bond Resolution”). The Bonds are issued pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the “Act”). The Bonds shall mature on the dates and shall bear interest at the fixed rates, all as described in Schedule II attached hereto. The proceeds of the Bonds, together with additional funds of the Issuer, will be used to pay on June 2, 2003, a portion of the outstanding principal of and interest on the Issuer’s outstanding Excess Revenue Certificates of Indebtedness (Classroom Facilities Project), Series 1999, dated June 1, 1999, which are described in Exhibit A to the Bond Resolution (the “Refunded Certificates”).
Concurrently with delivery of the Bonds, Ambac Assurance Corporation (the “Insurer”) will deliver its policy of insurance insuring payment of principal of and interest on the Bonds pursuant to the terms and conditions of such policy (the “Insurance Policy”).
2. General Offering. The Underwriter intends to make an initial bona fide public offering of all of the Bonds at not in excess of the public offering prices set forth on Schedule II attached hereto, and may subsequently change such offering price without any requirement of prior notice. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing bonds into investment trusts) and others at prices lower than such public offering prices. Not less than seven business days prior to the Closing, the Underwriter agrees to furnish to Joseph A. Delafield, A Professional Corporation, Bond Counsel, a certificate acceptable to Bond Counsel (i) specifying the reoffering prices at which a substantial amount of the Bonds was sold to the public (excluding bond houses, brokers and other intermediaries) and (ii) certifying the accuracy of such reoffering prices (if lower than those set out in Schedule II). The Underwriter acknowledges that Bond Counsel will rely on such representations in making a determination that the Bonds are not “arbitrage bonds” within the meaning of the Internal Revenue Code of 1986, as amended.
3. Representative. The Underwriter is duly authorized to execute this Bond Purchase Agreement on behalf of itself and others to whom the Bonds may be sold.
4. Official Statement. The Issuer shall deliver to the Underwriter at least one (l) copy of the Official Statement dated the date hereof relating to the Bonds, executed on behalf of the Issuer by the duly authorized officers of the Governing Authority. The Issuer agrees to amend or supplement the Official Statement on or prior to the Closing whenever requested by the Underwriter when, in the reasonable judgment of the Underwriter and/or Bond Counsel to the Issuer, such amendment or supplementation is required.
You hereby ratify and approve the lawful use of the Preliminary Official Statement, dated May _____, 2003, relating to the Bonds (the “Preliminary Official Statement”) by the Underwriter prior to the date hereof, and authorize and approve the Official Statement and other pertinent documents referred to in Section 7 hereof to be lawfully used in connection with the offering and sale of the Bonds. The Issuer has previously provided the Underwriter with a copy of its Preliminary Official Statement dated May _____, 2003. As of its date, the Preliminary Official Statement has been deemed final by the Issuer for purposes of SEC Rule 15c2-12(b)(1). The Issuer agrees to provide to the Underwriter within seven business days of the date hereof sufficient copies of the Official Statement to enable the Underwriter to comply with the requirements of Rule 15c2-12(b)(4) under the Securities Exchange Act of 1934, as amended.
5. Representations of the Issuer.
(a) The Issuer has duly authorized all necessary action to be taken by it for:
(i) the sale of the Bonds upon the terms set forth herein and in the Preliminary Official Statement and Official Statement;
(ii) the approval of the Preliminary Official Statement and Official Statement and the signing of the Preliminary Official Statement and Official Statement by a duly authorized officer; and
(iii) the execution, delivery and receipt of this Bond Purchase Agreement, and any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer in order to carry out, give effect to, and consummate the transactions contemplated hereby, by the Bonds, the Preliminary Official Statement, Official Statement, and the Bond Resolution;
(b) The information contained in the Preliminary Official Statement and Official Statement is and, as of the date of Closing, will be correct in all material respects and such information does not contain and will not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact required to be stated therein or necessary to make the statements in such Preliminary Official Statement and Official Statement, in light of the circumstances under which they were made, not misleading; provided that no representation is made by the Issuer concerning information about the Insurer or the Insurance Policy;
(c) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending against or affecting the Issuer or the Governing Authority or threatened against or affecting the Issuer or the Governing Authority (or, to the knowledge of the Issuer, any basis therefor) contesting the due organization and valid existence of the Issuer or the Governing Authority or the validity of the Act or wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or by the Preliminary Official Statement and Official Statement or the validity or due adoption of the Bond Resolution or the validity, due authorization and execution of the Bonds, this Bond Purchase Agreement, or any agreement or instrument to which the Issuer is a party and which is used or contemplated for use in the consummation of the transaction contemplated hereby or by the Preliminary Official Statement and Official Statement;
(d) The authorization, execution and delivery by the Issuer of the Preliminary Official Statement and Official Statement, this Bond Purchase Agreement, and the other documents contemplated hereby and by the Preliminary Official Statement and Official Statement, and compliance by the Issuer with the provisions of such instruments, do not and will not conflict with or constitute on the part of the Issuer a breach of or a default under any provisions of the Louisiana Constitution of 1974, as amended, or any existing law, court or administrative regulation, decree or order by which the Issuer or its properties are or, on the date of Closing will be bound;
(e) All consents of and notices to or filings with governmental authorities necessary for the consummation by the Issuer of the transactions described in the Preliminary Official Statement and Official Statement, the Bond Resolution, and this Bond Purchase Agreement (other than such consents, notices and filings, if any, as may be required under the securities or blue sky laws of any federal or state jurisdiction) required to be obtained or made have been obtained or made or will be obtained or made prior to delivery of the Bonds;
(f) The Issuer agrees to cooperate with the Underwriter and its counsel in any endeavor to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may reasonably request provided however that the Issuer shall not be required to register as a dealer or a broker in any such state or jurisdiction or qualify as a foreign corporation or file any general consents to service of process under the laws of any state. The Issuer consents to the lawful use of the Preliminary Official Statement and the Official Statement by the Underwriter in obtaining such qualifications. No member of the Governing Authority, or any officer, employee or agent of the Issuer shall be individually liable for the breach of any representation or warranty made by the Issuer.
6. Delivery of, and Payment for, the Bonds. At 10:00 a.m., Lake Charles, Louisiana Time, on or about June 2, 2003, or at such other time or date as shall have been mutually agreed upon by the Issuer and the Underwriter, the Issuer will deliver, or cause to be delivered, to the Underwriter, the Bonds, in definitive form duly executed and authenticated by Argent Trust, a Division of National Independent Trust Company, in the City of Ruston, Louisiana, as Paying Agent (the “Paying Agent”), together with the other documents hereinafter mentioned and the other moneys required by the Bond Resolution to be provided by the Issuer to refund the Refunded Certificates and, subject to the conditions contained herein, the Underwriter will accept such delivery and pay the purchase price of the Bonds in Federal Funds at the office of the Paying Agent, for the account of the Issuer.
Delivery of the Bonds as aforesaid shall be made at the offices of Joseph A. Delafield, A Professional Corporation, Bond Counsel to the Issuer, in Lake Charles, Louisiana, or such other place as may be agreed upon by the Underwriter and the Issuer. Such payment and delivery is herein called the “Closing.” The Bonds will be delivered initially as fully registered bonds, one Bond representing each maturity of the Bonds, and registered in such names as the Underwriter may request not less than three business days prior to the Closing or if no such instructions are received by the Paying Agent, in the name of the Representative. 7. Certain Conditions To Underwriter’s Obligations. The obligations of the Underwriter hereunder shall be subject to the performance by the Issuer of its obligation to be performed hereunder, and to the following conditions:
(a) At the time of Closing, (i) the Bond Resolution shall have been adopted and shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to by the Underwriter, (ii) the Bonds shall have been approved by resolution of the State Bond Commission, (iii) the proceeds of the sale of the Bonds shall be applied as described in the Official Statement and the Bond Resolution, and (iv) there shall have been duly adopted and there shall be in full force and effect such resolutions as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated hereby; and
(b) At or prior to the Closing the Underwriter shall have received each of the following:
(A) the approving opinion of Bond Counsel, dated the date of the Closing, relating to, among other things, the validity of the Bonds and the exclusion of the interest on the Bonds from gross income for federal income tax purposes under the law existing on the date of the Closing, in form satisfactory to the Underwriter;
(B) a supplemental opinion of Bond Counsel, dated the date of the Closing, addressed to the Issuer and the Underwriter in form satisfactory to the Underwriter;
(C) certificates of the Issuer dated the date of the Closing, executed by authorized officers in form satisfactory to the Underwriter;
(D) the Official Statement executed on behalf of the Issuer by the duly authorized officers thereof;
(E) a specimen of the Bonds;
(F) certified copies of the Bond Resolution and all other resolutions of the Issuer and the State Bond Commission relating to the issuance and/or sale of the Bonds, as applicable;
(G) a certificate of a duly authorized officer of the Issuer, satisfactory to the Underwriter, dated the date of Closing, stating that such officer is charged, either alone or with others, with the responsibility for issuing the Bonds; setting forth, in the manner required by Bond Counsel, the reasonable expectations of the Issuer as of such date as to the use of proceeds of the Bonds and of any other funds of the Issuer expected to be used to pay principal or interest on the Bonds and the facts and estimates on which such expectations are based; and stating that, to the best of the knowledge and belief of the certifying officer, the Issuer’s expectations are reasonable;
(H) evidence, satisfactory in form and substance to the Underwriter, that the Insurance Policy has been duly authorized, created and delivered by the Insurer and is in full force and effect;
(I) a certificate of the Paying Agent, as to (a) its corporate capacity to act as such, (b) the incumbency and signatures of authorized officers, and (c) its due registration of the Bonds delivered at the Closing by an authorized officer;
(J) other certificates of the Issuer listed on a Closing Memorandum, including any certificates or representations required in order for Bond Counsel to deliver the opinions referred to in Paragraphs 7(b)(A) and (B) of this Bond Purchase Agreement and such additional legal opinions, certificates, proceedings, instruments and other documents as Bond Counsel may reasonably request to evidence compliance by the Issuer with applicable legal requirements, the truth and accuracy, as of the time of Closing, of their respective representations contained herein, and the due performance or satisfaction by them at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by each.
All such opinions, certificates, letters, agreements and documents will be in compliance with the provisions hereof only if they are satisfactory in form and substance to the Underwriter. The Issuer will furnish the Underwriter with such conformed copies or photocopies of such opinions, certificates, letters, agreements and documents relating to the Bonds as the Underwriter may reasonably request.
8. Conditions to Obligation of the Issuer. The obligation of the Issuer hereunder to deliver the Bonds shall be subject to the execution and delivery by the Insurer and the acceptance by the Issuer or the Paying Agent of the Insurance Policy and receipt of the opinion of Bond Counsel described in Sections 7(b)(A) and 7(b)(B) hereof.
9. Termination. The Underwriter shall have the right to cancel their obligation to purchase the Bonds if (i) between the date hereof and the Closing, legislation shall be enacted or favorably reported for passage to either House of the Congress by any committee of such House to which such legislation has been referred for consideration, a decision by a court of the United States or the United States Tax Court shall be rendered, or a ruling, regulation or statement by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be made or proposed to be made with respect to the federal taxation upon interest on obligations of the general character of the Bonds, or other action or events shall have transpired which may have the purpose or effect, directly or indirectly, of adversely changing the federal income tax consequences of any of the transactions contemplated in connection herewith, and, in the opinion of the Underwriter, materially adversely affects the market price of the Bonds, or the market price generally of obligations of the general character of the Bonds, or (ii) there shall exist any event which in the Underwriter's judgment either (a) makes untrue or incorrect in any material respect any statement or information contained in the Official Statement or (b) is not reflected in the Official Statement but should be reflected therein in order to make the statements and information contained therein not misleading in any material respect, or (iii) there shall have occurred any outbreak of hostilities or any national or international calamity or crisis including financial crisis, or a default with respect to the debt obligations of, or the institution of proceedings under federal or state bankruptcy laws by or against the Issuer, the effect of which on the financial markets of the United States being such as, in the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market the Bonds or to enforce contracts for the sale of the Bonds, or (iv) there shall be in force a general suspension of trading on the New York Stock Exchange, or (v) a general banking moratorium shall have been declared by either federal, Louisiana or New York authorities, or (vi) there shall have occurred since the date of this Bond Purchase Agreement any material adverse change in the affairs of the Issuer, except for changes which the Official Statement discloses have occurred or may occur, or (vii) legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the opinion of Bond Counsel, has the effect of requiring the contemplated distribution of the Bonds to be registered under the Securities Act of 1933, as amended, or the Bond Resolution, or any other document executed in connection with the transactions contemplated hereof to be qualified under the Trust Indenture Act of 1939, as amended, or (viii) a stop order, ruling, regulation or official statement by or on behalf of the Securities and Exchange Commission shall be issued or made to the effect that the issuance, offering or sale of the Bonds, or of obligation of the general character of the Bonds as contemplated hereby, or the offering of any other obligation which may be represented by the Bonds is in violation of any provision of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or the Trust Indenture Act of 1939, as amended, or (ix) any state blue sky or securities commission shall have withheld registration, exemption or clearance of the offering, and in the reasonable judgment of the Underwriter the market for the Bonds is materially affected thereby.
If the Issuer shall be unable to satisfy any of the conditions to the obligations of the Underwriter contained in this Bond Purchase Agreement and such condition is not waived by the Underwriter, or if the obligation of the Underwriter to purchase and accept delivery of the Bonds shall be terminated or cancelled for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the Issuer shall be under further obligation hereunder; except that the respective obligation to pay expenses, as provided in Section 12 hereof, shall continue in full force and effect.
10. Additional Covenants. The Issuer covenants and agrees with the Underwriter as follows:
(a) The Issuer shall furnish or cause to be furnished to the Underwriter with a reasonable number of final Official Statements, not to exceed one hundred (100) f.o.b. Lake Charles, Louisiana. Such final Official Statements may be obtained without cost to the Underwriter from the Issuer. Additional copies of the final Official Statement may be obtained up to three months following the Closing by a request and payment of costs for reproduction;
(b) Before revising, amending or supplementing the Official Statement, the Issuer shall furnish a copy of the revised Official Statement or such amendment or supplement to the Underwriter. If in the opinion of the Issuer, its Bond Counsel and the Underwriter a supplement or amendment to the Official Statement is required, the Issuer will supplement or amend the Official Statement in a form and in a manner approved by the Underwriter and Bond Counsel.
11. Survival of Representations. All representations and agreements of the Issuer and the Underwriter hereunder shall remain operative and in full force and effect, and shall survive the delivery of the Bonds and any termination of this Bond Purchase Agreement by the Underwriter pursuant to the terms hereof.
12. Payment of Expenses. If the Bonds are sold to the Underwriter by the Issuer, the Issuer shall pay, from the proceeds of the Bonds, any reasonable expenses incident to the performance of its obligations hereunder, including but not limited to: (i) the cost of the preparation, printing and distribution of the Preliminary Official Statement and the Official Statement; (ii) the cost of the preparation of the printed Bonds; (iii) the insurance premium; (iv) any rating agency fees; and (v) the fees and expenses of Bond Counsel, the Paying Agent and any and all experts or consultants retained by the Issuer.
The Underwriter shall pay (a) any advertising expenses in connection with the public offering of the Bonds; and (b) all other expenses incurred by the Underwriter (including the cost of any Federal Funds necessary to pay the purchase price of the Bonds) in connection with their public offering.
13. Notices. Any notice or other communication to be given to the Issuer under this Bond Purchase Agreement may be given by delivering the same in writing at the address of the Issuer set forth above, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Crews & Associates, Inc., 2000 Union National Plaza, 124 West Capitol, Little Rock, Arkansas 72201.
14. Parties. This Bond Purchase Agreement is made solely for the benefit of the Issuer and the Underwriter (including the successors or assigns of the either) and no other person shall acquire or have any right hereunder or by virtue hereof.
15. Governing Law. This Bond Purchase Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana.
16. General. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which will constitute one and the same instrument. The section headings of this Bond Purchase Agreement are for convenience of reference only and shall not affect its interpretation. This Bond Purchase Agreement shall become effective upon your acceptance hereof.
Very truly yours,
CREWS & ASSOCIATES, INC.
By: _______________________________ Title:
Accepted and agreed to as of the date first above written.
CALCASIEU PARISH SCHOOL BOARD CALCASIEU PARISH, LOUISIANA ATTEST: _________________________ BY:________________________________ JUDE W. THERIOT, Secretary GREGORY P. ROBERT, President Calcasieu Parish School Board Calcasieu Parish School Board
[S E A L]
SCHEDULE I To Bond Purchase Agreement
PURCHASE PRICE
Par Amount of Bonds: $2,630,000.00
Plus: Reoffering Premium (Discount)
Less: Underwriter’s Discount (1.10%) (28,930.00)
BID $
Plus accrued interest to delivery date 160.75
PURCHASE PRICE $
SCHEDULE II To Bond Purchase Agreement
REOFFERING PRICES
YEAR AMOUNT RATE PRICE YIELD 06/01/2004 80,000 06/01/2005 480,000 06/01/2490 490,000 06/01/200 510,000 06/01/2008 525,000 06/01/2009 545,000 Exhibit C to Bond Resolution
REGISTERED REGISTERED
UNITED STATES OF AMERICA STATE OF LOUISIANA CALCASIEU PARISH SCHOOL BOARD EXCESS REVENUE REFUNDING BOND (CLASSROOM FACILITIES PROJECT) SERIES 2003
No. $
INTEREST RATE MATURITY DATE DATED DATE % June 1, 2003
Registered Owner:
Principal Sum: Dollars
The CALCASIEU PARISH SCHOOL BOARD (the “Issuer”), acknowledges itself indebted to, and for value received hereby promises to pay to the Registered Owner stated hereon or registered assigns, on the Maturity Date set forth above, the principal amount set forth above, together with interest thereon from the dated date, said interest payable on June 1 and December 1 of each year, commencing December 1, 2003, 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 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 15th calendar day of the month next preceding said interest payment date) at the address, as shown on the books of the Paying Agent/Registrar.
The Bonds shall not be callable for redemption prior to their stated maturities.
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 Bond of registration hereon shall have been signed by the Paying Agent/Registrar.
IN WITNESS WHEREOF, the Calcasieu Parish School Board has caused this Bond to be executed in its name by the facsimile signatures of the duly authorized President and Secretary of the Calcasieu Parish School Board, and the seal of said Issuer to be impressed or imprinted hereon, and this Bond to be dated June 1, 2003.
Attest: CALCASIEU PARISH SCHOOL BOARD
____________________ Jude W. Theriot, Secretary Gregory P. Robert, President
PAYING AGENT/TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within mentioned Bond Resolution.
Argent Trust, a Division of National Independent Trust Company, Ruston, Louisiana, as Paying Agent/Registrar
By: Authorized Officer
Date of Authentication:
(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 TWO MILLION SIX HUNDRED THIRTY THOUSAND AND NO/100 ($2,255,000) DOLLARS; said Bonds to mature annually, issued pursuant to a Bond Resolution adopted on May 6, 2003, by the Calcasieu Parish School Board, under the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statues of 1950, as amended, for the purpose of currently refunding a portion of the Issuer’s outstanding Certificates of Indebtedness (Classroom Facilities Project), Series 1999.
This Bond and the other Bonds of this issue are secured by and payable in principal and interest from the irrevocable pledge and dedication of the excess of annual revenues of the Issuer in the Fiscal Year Beginning July 1, 2002, and ending June 30, 2003, and subsequent years above statutory, necessary and usual charges as well as those funds and monies of the Issuer budgeted, allocated, available, dedicated, set aside or otherwise to be utilized to fund or make debt services payments on the outstanding Bonds. The Issuer is obligated to budget annually a sufficient sum of money to pay said Bonds and the interest thereon as they respectively mature, and to levy and collect taxes and other revenues in each year, within the limits prescribed by law, sufficient to pay the principal of and interest on all outstanding certificates of indebtedness, after payment in such years of all statutory, necessary and usual charges. For a more complete statement of the revenues from which and conditions under which this Bond is payable, and the general covenants and provisions pursuant to which this Bond is issued, reference is hereby made to the aforesaid Bond Resolution adopted on May 6, 2003. Bonds of this issue shall not be callable for redemption prior to their stated maturities.
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 and the issue of which it forms a part, necessary to have the same constitute 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 this Bond and the issue of which it forms a part do not exceed any limitation prescribed by the Constitution and Statutes of the State of Louisiana. It is also certified, recited and declared that this Bond is negotiable paper under the Law Merchant, and it shall not be invalid for any irregularity or defect in the proceedings provided for its issuance and that it shall be incontestable in the hands of bona fide purchasers thereof for value.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned, hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocable 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 fact of the within Bond in every particular, without alteration or enlargement or any change whatever.
Legal Opinion
We have acted as bond counsel in connection with issuance by the Calcasieu Parish School Board (the “Issuer”) of $2,630,000 Excess Revenue Refunding Bonds, Series 2003, dated June 1, 2003 (the “Bonds”). All capitalized terms herein, unless otherwise defined, shall have the respective meanings assigned thereto in the Bond Resolution (herein defined).
The Bonds are issued for the purpose of refunding a portion of the Issuer’s outstanding Excess Revenue Certificates of Indebtedness (Classroom Facilities Project), Series 1999, dated June 1, 1999, consisting of Certificate No. R-05 maturing June 1, 2004, and all of the outstanding Certificates which mature June 1, 2005 to June 1, 2009, inclusive (the “Refunded Certificates”), pursuant to the provisions of (i) Article VI, Section 33 of the Constitution of the State of Louisiana of 1974 and Chapter 14-A, Title 39 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:1444-1455) (collectively, the “Act”), and (ii) a resolution adopted by the Calcasieu Parish School Board on May 6, 2003 (the “Bond Resolution”).
We have examined (i) the Constitution and statutes of the State of Louisiana (“State”), including the Act; (ii) the Bond Resolution; (iii) a certified transcript of proceedings in connection with issuance of the Bonds; (iv) executed and authenticated Bond No. R-1; and (v) such other documents, instruments, papers and matters of law as we have considered necessary or appropriate for the purposes of this opinion.
We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the preliminary or final Official Statement or other offering material relating to the Bonds (except to the extent, if any, stated in the Official Statement) and we express no opinion relating thereto (excepting only matters set forth as our opinion in the Official Statement).
As to questions of fact material to our opinion, we have relied upon representations of the Issuer contained in the Bond Resolution and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation.
On the basis of the foregoing examinations, we are of the opinion, as of the date hereof and under existing law, as follows:
1. The Bonds constitute valid and binding general obligations of the Issuer, and the full faith and credit of the Issuer has been pledged to the payment of the Bonds. The Bonds are secured by and payable from the excess of annual revenues accruing to the budget of the Issuer for the six (6) year period during which the Refunded Certificates remain outstanding, above statutory, necessary and usual charges, all in accordance with the provisions of Sections 2922 and 2933, et seq., of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter.
2. The Bond Resolution has been duly authorized and adopted by the governing authority of the Issuer and constitutes the valid and legally binding agreement of the Issuer entered into for protection of the security and rights of the owners of the Bonds.
3. Interest on the Bonds is excludable from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. It should be noted, however, that such interest is taken into account in determining “adjusted net book income” for the purpose of computing the alternative minimum tax imposed on corporations. This opinion is subject in all respects to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to issuance of the Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes. Failure to comply with certain of such requirements may cause inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. The Issuer has covenanted that it shall not take or permit to be taken any action which would result in interest on the Bonds not being excludable from gross income for federal income tax purposes. We express no opinion regarding tax consequences arising with respect to the Bonds other than as expressly set forth herein.
4. Interest on the Bonds is exempt from Louisiana income taxes under existing laws.
5. The Bonds are exempt from registration under the Securities Act of 1933 and the Louisiana Blue Sky Laws, and the Bond Resolution is exempt from qualification under the Trust Indenture Act of 1939.
It is to be understood that rights of the owners of the Bonds and enforceability of the Bonds and the Bond Resolution may be subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting creditors’ rights, and laws affecting remedies for enforcement of rights and security provided for therein heretofore or hereafter enacted, to the extent constitutionally applicable, including the remedies of specific performance and executory process, and that their enforcement may also be subject to the exercise of the sovereign police powers of the State or its governmental bodies and the exercise of judicial discretion in appropriate cases.
Respectfully submitted, JOSEPH A. DELAFIELD A PROFESSIONAL CORPORATION
LEGAL OPINION CERTIFICATE
I, the undersigned Secretary of the Calcasieu Parish School Board, 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.
Jude W. Theriot, Secretary
Exhibit D to Bond Resolution
NOTICE OF DEFEASANCE AND CALL FOR REDEMPTION
CALCASIEU PARISH SCHOOL BOARD EXCESS REVENUE CERTIFICATES OF INDEBTEDNESS (CLASSROOM FACILITIES PROJECT) SERIES 1999
Dated June 1, 1999 on Original Issue
NOTICE IS HEREBY GIVEN pursuant to a resolution adopted March 11, 2003, by the Calcasieu Parish School Board (the “Issuer”), the Issuer authorized issuance of not exceeding $2,750,000 of its Excess Revenue Refunding Bonds, Series 2003, dated June 1, 2003 (the “Bonds”), the proceeds of which shall provide sufficient moneys to pay on June 2, 2003, the principal of and interest on the Issuer’s outstanding Excess Revenue Certificates of Indebtedness dated June 1, 1999 on original issue, consisting of Certificate No. R-05 maturing June 1, 2004, and all of the Outstanding Certificates which mature June 1, 2005 to June 1, 2009, inclusive (these maturities herein collectively referred to as the “Refunded Certificates”), as hereinafter set forth.
In accordance with the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and conditioned upon issuance and delivery of the Bonds, the Refunded Certificates are to be defeased and paid on June 2, 2003, and will no longer be secured by or entitled to the benefits of the resolution of the Issuer providing for their issuance. In accordance with the resolution providing for their issuance the Refunded Certificates Bonds are to be called for redemption at the earliest possible time, but not later than June 2, 2003.
NOTICE IS HEREBY FURTHER GIVEN that certain maturities of the Refunded Certificates are hereby further called for redemption, as follows:
The outstanding Calcasieu Parish School Board Excess Revenue Certificates of Indebtedness (Classroom Facilities Project) dated as of June 1, 1999, consisting of Certificate No. R-05 maturing June 1, 2004, and all of the Outstanding Certificates which mature June 1, 2005 to June 1, 2009, inclusive, SAID CERTIFICATES TO BE REDEEMED ON JUNE 2, 2002, at 100% of the principal amount thereof and accrued interest to the date of redemption, upon presentation and surrender of said Certificates at the principal corporate trust office of The Bank of New York, New York, New York, the Paying Agent therefor.
Said Refunded Certificates which are hereby called for redemption pursuant to the terms of this notice shall be presented for payment at the place specified above, on the call date specified above, after which call date no further interest shall accrue or be paid on said outstanding Certificates.
The owners of the Refunded Certificates are hereby notified and requested to present such Certificates for payment and redemption on the date and at the place specified above. The Refunded Certificates called for redemption will be paid from funds available to the Issue upon issuance of the Bonds.
Calcasieu Parish School Board Calcasieu Parish, Louisiana
By:_____________________________ Karl Bruchhaus Chief Financial Officer Calcasieu Parish School Board Date: April 30, 2003 PRESENTATIONS
2003 Counselor of the Year Awards
Mr. Robert recognized James Powers, Counselor and Tech Prep Consultant. Mr. Powers introduced the following past counselor award winners:
Josephine Hawkins, Reynaud Middle Counselor and current President of the Louisiana School Counselors Association
Juanita Miller, Ray D. Molo Middle Counselor and current President of the Calcasieu School Counselors Association
Mr. Powers announced the state and parish award winners.
Norma Fisette, F.K. White (2001-2002 Calcasieu Parish Counselor of the Year) was awarded 2002 Louisiana Middle School Counselor of the Year.
Pamela Bergeaux, Dolby Elementary/Kaufman Elementary (2001-2002 Outstanding Elementary Counselor in Calcasieu Parish) was awarded 2002 Louisiana Elementary Counselor of the Year.
2002-2003 parish winners:
Victoria Crawford, counselor at Vinton Middle School, was awarded 2002-2003 Outstanding Middle School Counselor.
Mrs. Crawford has been an educator for the past 23 years. She has served as guidance counselor for the past four years. Mrs. Crawford has served the DeQuincy community as Co-chairman of the DeQuincy Federated Service League, DeQuincy Civic Club, & Big Sisters Program. She has also served in many of her church organizations including Youth Ministry, Follow Me program and Ladies Altar Society to name a few. She believes her greatest accomplishment in her career has been nurturing an enthusiasm for education in her students and being a role model. She believes that a good counselor has to be a child advocate first and foremost. A counselor has to have a “gentle shoulder” and be a good “hand holder” at all levels.
Jill Lockhart, counselor at Sulphur High School, was awarded 2002-2003 Outstanding High School Counselor.
Ms. Lockhart has been an educator for the past 20 years. She has served as a guidance counselor at W.W. Lewis and Sulphur High for the past 10 years. She has served as an executive officer in the Calcasieu School Counselors’ Association including two years as President. She has served in many community organizations including the Sulphur Jaycees and her church. One of her strengths is a willingness to support students whenever they need her. Her counseling door is always open. She believes that the counselor, school, home and community share the responsibility for the development of good citizenship traits and moral values of the youth.
Mitzi Wilkinson, counselor at R.W. Vincent Elementary, has been chosen Calcasieu Parish Counselor of the Year for 2002-2003. She has been an educator for the past 13 years. She has served as counselor for the past 8 years at Vincent Settlement and R.W. Vincent. She is currently pursuing a Specialist degree at Northwestern State University. She volunteers in her church for Bible School and volunteers time in organizations as a parent of a Sulphur High student. She has coordinated the SW La. Bar Association Holiday Helping Hands Program at R. W. Vincent for the past 4 years and coordinated the Big Brothers/Big Sisters Lunch Buddy & foster Grandparent Program at her school for the past 3 years. She also assists with the uniform drive to provide children of needy families. She feels that she has the best job in the world because it combines teaching and counseling of students. She helped establish the west Calcasieu elementary career fair in its 7th year to provide elementary students opportunities to see what the local business and industry has to offer. She has established the Beginning Awareness Basic Education (BABES) program to prevent substance abuse. She has coordinated the Bank-At-School program and established a parent center to provide information to assist parents with children at home. She also conducts children of divorce groups to allow time for children to express their feelings about their troubled lives. She enjoys her position because she truly cares about children and will do whatever it takes to see that they succeed. This is her third time to be a Counselor of the Year nominee.
Bell City High School Girls’ Cross Country Team State Champions
Mr. Bill Jongbloed, Administrative Director of High Schools, presented certificates of achievement to the following members of the Bell City High School 2002 Class B State Cross Country Team:
Coach Liz Zaunbrecher
Team Members: Katy Hoffpauir Jennifer Guillory Melanie Breaux Laura Stineff Erin Breaux LaTasha Morales Tiffany Manuel Christy Shareff Tiffanie Zaunbrecher Kayla Breaux
Mr. Jongbloed announced that 2003 is the third consecutive year for the team to win the distinction of state champions.
CAE Programs
The Board was invited to attend the Fifteenth Annual Retirement Banquet sponsored by CAE at the Boarding House on Saturday, May 31, at 7:00 p.m. and the “Twenty-Fifth Birthday Celebration” honoring the past presidents on Wednesday, May 21, at 4:00. The celebration will be held in the Board Room.
Perfect Attendance Award
Mary Lou Caldarera introduced and presented a certificate and a plaque to Dominique Eaglin for achieving twelve years of perfect attendance. Dominique attended Western Heights Elementary School, S.P. Arnett Middle School, and attends Westlake High School. She stated that this award was an extraordinary accomplishment that took dedication, a tremendous amount of personal sacrifice and encouragement from his parents. She commended Dominique and his parents, Mr. and Mrs. Reynard Eaglin. It was noted that Dominique’s father also attended twelve years of school with a perfect attendance. Dominique thanked the Board, principals, assistant principals, and parents.
Next, Linda DeBlanc introduced and presented a certificate and plaque to Natalie Jaqueta Cole for achieving thirteen years of perfect attendance. Natalie attended Ralph Wilson Elementary School, Molo Middle School, and attends Washington-Marion Magnet High School. She commended Natalie and her parents, Mr. and Mrs. Tommy Cole, for this honorable award. Ms. DeBlanc stated that Natalie is an outstanding student at Washington-Marion High School. She is actively involved with her church, youth group, choir, and the ROTC program. Natalie plans to attend college and major in computer technology.
Mr. Robert congratulated both students and their parents for this outstanding accomplishment.
Louisiana’s 2003 Title I Distinguished Schools – Oak Park Elementary
Dolores Hicks, Administrative Director of Elementary Schools, announced that Oak Park Elementary was recognized by BESE as a finalist for the Louisiana 2003 Title I Distinguished School Award. A total of seven schools in the state competed for this title. Oak Park Elementary was the only school in Calcasieu Parish recognized as a finalist. The Board congratulated Acting Principal Melinda Hardy, faculty and students for this prestigious honor. Mrs. Hicks also recognized the past principal, Linda Ceasar, for initiating the program.
COMMITTEE REPORTS
Budget/Fiscal Management Committee
Mr. Pitre reported that the Budget/Fiscal Management Committee met at 4:45 p.m., Tuesday, April 29, 2003. A quorum was present. Mr. Bruchhaus presented an overview of the 2003-2004 General Fund budget process. The current budget level was reviewed along with increases and reductions anticipated in 2003-2004. Mr. Bruchhaus advised the committee that the 2003-2004 fiscal year was going to be more challenging when attempting to balance the budget due to the second consecutive year of no additional increases in revenues. In addition, there are a large number of expenditure increases (approximately $6 million). Mr. Bruchhaus asked the committee to set the projected revenues and allowable expenditure levels for fiscal year 2003-2004 at this time and requested that any items the Board wanted to address in the budget process be given to him so that related costs could be attributed.
Mr. Pitre moved on behalf of the committee, to set the projected revenues and allowable expenditure levels for the fiscal year 2003-2004 General Fund at $178,863,966.00. The motion carried.
The next item was a request for permission to advertise for pod contract #4 at an estimated cost of $1,223,538. Funding would come from current riverboat cash and new Delta Downs proceeds. Interim financing may be required from a General Fund loan pending receipt of additional cash proceeds. The following schools would receive pods: Starks High (4), Ralph Wilson Elementary (4), Molo Middle (4), Vincent Settlement Elementary (6), and Westwood Elementary (4).
Mr. Pitre moved on behalf of the committee to grant permission to advertise for pod contract #4.
Mr. Pitre made an amendment to the motion, seconded by Mr. Tarver, to add two pods for Prien Lake Elementary School, which would satisfy the need for Pre-K and complete their project. The motion carried.
There was discussion on the motion as amended relative to the number of additional pods that have not been constructed in addition to those named in the motion. Mr. Bruchhaus reported that all schools were surveyed for their needs. The schools listed were the schools that requested pods. It was noted that Lake Charles Boston and Reynaud Middle Schools are hiring a band director and presently there is no space accommodation for that program. It was requested that staff contact the principals regarding the possibility of adding pods to those schools. Discussion continued on the number of temporary buildings and pods and the projected outlook for the buildings. Mr. Theriot stated that the remaining temporary buildings will be utilized for one purpose and that is on a temporary basis. The goal of the project is to utilize needed temporary buildings at a school for one year.
The motion was voted on as amended. The motion carried.
Mr. Pitre reported that a request was made to include AFLAC and American Heritage Insurance to the list of current School Board payroll deductions. Mr. Bruchhaus then asked the committee to consider granting staff permission to consolidate the annuities through an RFP process by our Third Party consultant.
On behalf of the committee, Mr. Pitre moved to approve the request to add AFLAC and American Heritage Insurance to the list of payroll deductions and to include staff’s recommendation for permission to consolidate the annuities through an RFP process. The motion carried with one abstention by Mr. Breaux.
Next, Mr. Pitre reported that a recommendation was made by staff to provide monetary incentives to teachers to improve teacher attendance. Mr. Pitre moved on behalf of the committee to approve this recommendation.
Mr. Robert recognized Kathy Landry, President of the Calcasieu Parish School Bus Drivers Organization. Ms. Landry commended the efforts of the Board for proposing the monetary initiative and encouraged the inclusion of the bus drivers. She stated that the incentive would encourage the bus drivers to run their routes as opposed to hiring substitutes.
Next, Mary Margaret David, CAE representative, was recognized. Ms. David spoke on the following issues concerning incentive pay:
· Definition of teachers. · Constitutionality of giving bonuses to public employees. · Include support personnel or send the item to a committee for employee input or a formula to include support personnel.
Mr. Robert called for a vote on the motion. The motion carried.
Staff requested permission to negotiate the purchase of approximately two acres adjacent to Vinton Middle School at a price not to exceed appraised value. The Riverboat Capital Projects Fund would provide funding for the purchase.
Mr. Pitre moved to approve this request for permission to negotiate the purchase of land adjacent to Vinton Middle School. The motion carried.
Next, Mr. Pitre reported that Charles Duhon, Internal Auditor, presented the school audit reports completed as of April 24, 2003. He advised committee members that the reports were presented and discussed with the administrative directors and school principals and all exceptions were handled according to the School Activity Funds Principles and Procedures Manual.
Mr. Pitre moved on behalf of the committee, to approve the school audit reports. The motion carried.
Next, the student athletic/extended day insurance for the policy year 2003-2004 was presented for renewal through Student Insurance, Inc., with no increase in premiums or decrease in benefits.
On behalf of the committee, Mr. Pitre moved to approve the renewal of the student athletic/extended day insurance as presented. The motion carried.
Mr. Pitre reported that with no further business or discussion the meeting was adjourned. ADMINISTRATION AND PERSONNEL COMMITTEE
Jay Duhon, Chairman, reported the Administration and Personnel Committee met Tuesday, April 30, 2003. A quorum was present.
Policy: IDDH Cf: JQL
LIMITED ENGLISH PROFICIENCY PROGRAM
The Calcasieu Parish School Board recognizes that the inability to speak and understand the English language limits the student's effective participation in the educational programs of the school district. Students whose primary languages are languages other than English shall be provided special assistance, in conformity with applicable Federal and State statutes and regulations, until they are able to use English in a manner that allows effective, relevant participation in regular classroom instruction. Parents shall be notified of their children's eligibility for the limited English proficiency program no later thirty (30) days after the start of school. Notification shall include their child's level of proficiency and how it was assessed, program components and expectations, parental rights, and any other information required by the No Child Left Behind Act of 2001. All written communications to parents shall be in a uniform format that is comprehensible to families and in a language the parents can understand.
Ref: 20 U.S.C. 6801 et seq., 20 U.S.C. '7401 et seq. Policy: IDF Cf: IDDG, IFDA, KA
PARENTAL INVOLVEMENT IN EDUCATION
The Calcasieu Parish School Board recognizes that parental involvement must be a priority of the Board for children to learn and achieve academic success. Parents and families provide the primary educational environment for children; consequently, parents are vital and necessary partners with the Board throughout their children's elementary and secondary school careers. The term parent shall refer to any caregiver who assumes responsibility for nurturing and caring for children, and includes parents, grandparents, aunts, uncles, foster parents, stepparents, and others. The concept of parental involvement shall include programs, services, and/or activities on the school site, as well as contributions of parents outside the normal school setting. It shall be the policy of the School Board and each public school in Calcasieu Parish, in collaboration with parents, teachers, students, administrators, and other educational resources, to establish, develop, and maintain strategies and programs that are intended to enhance the involvement of parents and other caregivers that reflect the needs of students, parents, and families served by the Board, in accordance with applicable state and federal laws and regulations. As part of the parental involvement program, it shall be the responsibility of every school to create a welcoming environment, conducive to learning and supportive for comprehensive family involvement programs that have been developed jointly with parents/families.
DISTRICT LEVEL RESPONSIBILITIES At the district level, the School Board shall:
1. Involve parents in the joint development and amendment of the school district's plan, which includes components of the district's parental involvement program, to be submitted to the Louisiana Department of Education. Such involvement shall involve, but not be limited to, the following:
a) appointing to, and interacting with, each school's School Improvement Team, which is actively involved with assessing needs and addressing these needs in the school;
b) conducting open public workshops on major issues;
c) holding regular School Board meetings, with opportunities for the Board to receive public input and comments;
d) requiring each school to conduct an annual open house meeting;
e) encouraging school based parental organizations, such as PTA, PTO, TEAM, etc.
2. Provide coordination of various programs which involve parents, technical assistance, and other support necessary to assist every public school in Calcasieu Parish in planning and implementing effective parental involvement programs and strategies.
3. Coordinate and integrate parental involvement programs with other programs that promote parental involvement.
4. Conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of components and strategies of the Board's parental involvement program and assess the components' and strategies' usefulness. The evaluation shall attempt to identify ways of improving the academic quality of the schools served by the Board, including identifying barriers to greater participation by parents in educational and parental involvement activities; particular attention shall be directed to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background. The School Board and each school shall use findings of such evaluation to design strategies for more effective parental involvement, and to revise, if necessary, the parental involvement policies and procedures.
5. Distribute to parents information about the Calcasieu Parish School District's parental involvement program, as well as provide proper notification to parents about specific services or special programs, as required by state or federal law. Notification shall also include, at the start of school each year, the right of parents to request and receive timely information on the professional qualifications of their children's classroom teachers.
6. Submit with the No Child Left Behind (NCLB) Consolidated Application plan to the Louisiana Department of Education comments of parents of participating children who are not satisfied with components of the parental involvement program.
7. Inform and notify parents and organizations of the existence of a parental information and resource center established by the state to provide training, information, and support to parents and individuals who work with parents, School Boards, and schools.
SCHOOL LEVEL RESPONSIBILITIES As part of the parental involvement program, the School Board shall encourage each public school and require those schools receiving federal Title I funds under the jurisdiction of the Calcasieu Parish School Board to:
1. Convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, to inform parents of their school's educational programs and to explain components of the parental involvement program, and the right of the parents to be involved.
2. Offer a flexible number of meetings, services, and/or activities, on or off school campuses, at various times of the day to maximize parental participation, and may provide transportation, child care, appropriate refreshments, and/or home visits, as such services relate to parental involvement.
3. Involve parents in an organized, ongoing, and timely way, in the planning, review, and improvement of parental involvement programs, including the planning, development, review, and improvement of the school parental involvement policy and the joint development of the schoolwide parental involvement program plan.
4. Provide parents, especially those of participating children in NCLB programs:
a) timely information about educational and parental involvement programs;
b) a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency level students are expected to meet;
c) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and respond to any such suggestions as soon as practicably possible.
5. If the school-wide parental involvement program plan is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to school district level personnel.
SHARED RESPONSIBILITIES As part of the parental involvement program, to build a capacity for involvement, the School Board and each public school under the jurisdiction of the School Board:
1. Shall provide assistance to parents of children served by the school or Board, as appropriate, in understanding such topics as the state's academic content standards, state and local academic assessments, the components of the Board's parental involvement program, and how to monitor a child's progress and work with educators to improve the achievement of their children.
2. Shall provide materials and training to help parents to work with their children to improve their children's achievement, such as literacy training and using technology, as appropriate, to foster parental involvement.
3. Shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school.
4. Shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with other outreach educational programs, such as Head Start, and public preschool and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children.
5. Shall ensure that information related to school and parent programs, meetings, and other activities is sent to parents in a format and, to the extent practicable, in a language the parents can understand.
6. May involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training.
7. May provide necessary literacy training from federal and state funds received if the Board has exhausted all other reasonably available sources of funding for such training.
8. May pay reasonable and necessary expenses associated with parental involvement activities, including transportation, appropriate refreshments, and/or child care costs, to enable parents to participate in school-related meetings and training sessions.
9. May train parents to enhance the involvement of other parents.
10. May arrange school meetings, at a variety of times and places, or conduct in-home conferences between teachers or other educators who work directly with children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation.
11. May adopt and implement model approaches to improving parental involvement.
12. Shall recognize parental activities and/or contributions outside the normal school setting that enhance student academic achievement, such as tutoring, improving attendance, and contributing and preparing school/classroom support materials and services.
13. May establish a district-wide parent advisory council to provide advice on all matters related to parental involvement in programs.
14. May develop appropriate roles for community-based organizations and businesses in parental involvement activities.
15. Shall provide such other reasonable support for parental involvement activities as parents may request.
16. Shall provide, to the extent practicable, full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children, including providing necessary information and school reports required in a format, and to the extent practicable, in a language such parents understand.
PARENTS' RESPONSIBILITIES The School Board realizes that a child's education begins at birth. Parents and family members, as their child's primary teachers, play a vital role in the intellectual, social, and emotional growth of their children. A child's development and success is dependent on the direct support a child receives at home. In an effort to promote responsible and successful parenting skills, the Board expects parents to:
1. Make sure children attend school regularly and arrive at school on time.
2. Supervise completion of all homework assignments.
3. Assure proper hygiene and daily cleanliness of their children.
4. Make sure children are dressed properly, in accordance with the uniform or dress code.
5. Make sure that children get adequate amounts of sleep nightly.
6. Visit and discuss their child's academic progress regularly with teachers.
7. Discuss academic progress and school events regularly with their child.
8. Instill proper respect for parents, teachers, and other adults.
9. Volunteer in child's classroom, school, or related activities to the extent feasible and appropriate.
10. When feasible, attend school-sponsored programs in which their child may participate.
11. When feasible, join and be active in parent/teacher organizations.
Statement of Compliance Each student in grades 4-12 and each parent or guardian of a student in grades 4-12, shall annually sign a Statement of Compliance, in accordance with state law. For students, the Statement of Compliance shall state that the student agrees to attend school regularly, arrive at school on time, demonstrate significant effort toward completion of homework assignments, and follow school and classroom rules. For parents, the Statement of Compliance shall state that the parent or legal guardian agrees to ensure his/her child's daily attendance at school, ensure his/her child's arrival at school on time each day, ensure his/her child completes all assigned homework, and attend all required parent/teacher/principal conferences.
SCHOOL-PARENT COMPACT Each school shall jointly develop with parents a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State's high standards. Such compact shall:
1. Describe the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children to meet the state's student academic achievement standards, and the ways in which each parent will be responsible for supporting their children's learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child's classroom; contributing services outside the normal school setting; and participating, as appropriate, in decisions relating to the education of their children, and positive use of extracurricular time.
2. Address the importance of communication between teachers and parents on an ongoing basis through, at a minimum:
a) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child's achievement;
b) frequent reports to parents on their children's progress;
c) reasonable access to staff, opportunities to volunteer and participate in their child's class, and scheduled observation of classroom activities; and
d) parental activities and/or contributions away from the school site that enhance academic achievement.
OTHER PROGRAMS In conjunction with the district services rendered under the Board's parental involvement program, the School Board shall maintain contact and communication with social service and health agencies, faith-based institutions, and community groups to support key family and community services and issues. In particular, the Calcasieu Parish School Board has a strong relationship with and support from community and/or governmental organizations such as Families in Need of Services (FINS), Partners in Education, and District Parent/Teacher Association (PTA). One of the primary goals of these groups is to support, supplement, and assist in improving involvement of parents of children in the Calcasieu Parish public schools.
Ref: 20 U.S.C. 6312, 20 U.S.C. 6319; La. Rev. Stat. Ann. '17:235.2.
Policy: IFDA Cf: IDDH, IFD Cf: JBCBB, JR
PARENTAL RIGHTS/STUDENT RIGHTS OF PRIVACY
The Calcasieu Parish School Board recognizes the rights of parental access to certain information regarding their children and the importance of notifying parents of children enrolled in the district’s schools of these rights. At least annually at the beginning of each school year, parents of each child enrolled in the public schools of Calcasieu Parish shall be notified of: · Their right to view any instructional material used in the curriculum for the student
· Their right to view any 3rd party surveys (including evaluations) before they are administered to their child, and to opt out of participation for surveys that delve into sensitive subjects identified by the Protection of Children’s Rights of the No Child Left Behind Act of 2001 (NCLB)
· The collection or use of any personal information for the purpose of marketing the information (except for the development of educational products or services) and their right to opt their child out of participation
· The administration of any non-emergency, invasive physical examination or screening otherwise not permitted or required by state law, including those without parental notification, and their right to opt their child out of participation
· Their rights under the Family Educational Rights and Privacy Act of 1974 (FERPA), including the right to refuse to allow the Board to designate any or all of the types of information about their child as directory information thus prohibiting its release to the public
In addition, the School Board shall encourage each public school and require those schools receiving federal Title I funds under the jurisdiction of the Calcasieu Parish School Board to notify parents: · Annually, of their right to request from the school district information regarding the professional qualifications of the student’s classroom teachers, including the following:
- Whether their child’s teacher has met state licensing criteria for the grade level and subject taught
- Whether their child’s teacher is teaching under emergency or provisional status whereby state licensing criteria have been waived
- The undergraduate degree major of their child’s teacher and any graduation certification or degree and field of discipline
- Qualifications of any paraprofessional providing services to their child
· Annually, of the availability of services for students in schools failing to make Adequate Yearly Progress (AYP)
· Whenever their child has been taught for four (4) or more consecutive weeks by a teacher who is not highly qualified as defined by the NCLB
· The achievement level of their child on each of the state academic assessments
· The identification of their child’s school as needing improvement, corrective action, or restructuring
· Contents of programs such as safe and drug-free schools funded by federal funds
The School Board shall also follow NCLB guidelines regarding rights of parents of homeless students and children identified as Limited English Proficiency.
Ref: 20 U.S.C. 1221 et seq. (General Education Provisions Act); 20 U.S.C. 1232 (h); 20 U.S.C. 1232 (g-i) (Family Educational Rights and Privacy Act). Policy: JBC Cf: JBC-AP, JBCBB Cf: JDE, JGCB
SCHOOL ADMISSION
The Calcasieu Parish School Board shall admit students to the schools of the school district under such rules and regulations as the Board may prescribe. No student may be excluded from the appropriate school within the school district except by due process or failure to meet specifications of Board policies. The Board fully recognizes that providing equality of educational opportunities for all children requires objectivity. The Board is equally concerned that all admission policies adhere strictly to applicable legal requirements. No child shall be admitted to school for the first time until her or his parents do the following:
1. Obtain a Permit to Register form from the Office of Child Welfare and Attendance. 2. Present to school officials an official birth certificate. A short form birth certification card shall be acceptable. Only records from the registrar of vital statistics will be accepted. Children born in Louisiana will be given a fifteen (15) day grace period to secure a copy of their birth record. Children born out of this state will be given thirty (30) days grace in which to produce a copy of their birth record. It shall be left to the discretion of the Superintendent or designee, subject to the authority of the Board, as to whether or not a child shall continue in school upon failure to comply herewith.
3. Present to school officials evidence of being or having been immunized against diphtheria, tetanus, whooping cough, poliomyelitis and measles and other vaccine-preventable diseases according to a schedule approved by the Office of Public Health, Department of Health and Hospitals.
4. Present to school officials all official school records of school previously attended or information needed to access such records when transferring from another school to one inside the school district.
5. Present to school officials, as a prerequisite to enrolling in the first grade, evidence of having attended at least a full-day public or private kindergarten for a full school year; or of satisfactorily having passed academic readiness screening administered by the school system prior to the time of enrollment in first grade.
6. Present to school officials evidence of being bona fide residents of the Parish, with limited exception. However, children temporarily residing within the jurisdiction of the Board who have no permanent address, who have been abandoned by their parents, or who are in foster care, shall be admitted to school, except as may be allowed by statute.
7. Present to school officials satisfactory evidence that at least one of the child's parents or guardians has completed a parent orientation course conducted by a parish or city school board. However, no child shall be denied entry into school because a parent or guardian has not attended an orientation session.
ADMISSION OF EXPELLED STUDENTS No student who has been expelled in accordance with state law from any school in the state shall be admitted to any school in the school system except upon the review and approval of the Board. No student who has been expelled from any school outside the state of Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated in state law shall be admitted to any school in the school system except upon the review and approval of the Board. ADMISSION FROM UNAPPROVED SCHOOLS AND HOME STUDY Students requesting admission from an unapproved school or home study program shall meet all admission requirements specified by state and local statutes and policies. ADMISSION OF HOMELESS STUDENTS
Except as provided above with regard to students who have been expelled, no provision in this or any other Calcasieu Parish School Board policy shall be interpreted to impede the immediate or continued enrollment of homeless youth, as addressed in policy JBCBB, Homeless Students. Revised: November, 1993 Revised: March, 1999 Revised: December, 1995 Revised: August, 2000 Revised: December, 1995 Revised: March, 2003
Ref: 42 U.S.C. 11431; La. Rev. Stat. Ann. ''17:151.3, 17:167, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416; Singleton v. Jackson Municipal Separate School District, 419 F. 2d 1211 (5th Cir., 1970); Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education.
Policy: JBCBB
HOMELESS STUDENTS
The Calcasieu Parish School Board shall provide a free appropriate public education, including preschool education, to any homeless child or youth within the jurisdiction of the School Board. For the purpose of this policy, the term homeless includes an individual who lacks a fixed, regular or adequate residence; or has a primary nighttime residence in a shelter, an institution providing temporary residence for individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings; or is sharing the housing of other persons. The term does not include any individual imprisoned or adjudicated. Homeless students requesting enrollment will be placed in school immediately, even if required registration documents are unavailable. School documents needed should be requested after the student has been enrolled. There will be no barriers to homeless children and youth entering school. In addition to the above, the Calcasieu Parish School Board shall: • Maintain and have immediately available, any records ordinarily kept by the school of each homeless child or youth (immunization records, academic records, birth certificates, guardianship records, evaluations for special services or programs, etc.). Students meeting the definition of homeless will not be denied entry into a school due to the lack of records or documentation normally required for entry into a school.
• Continue the education of homeless children or youth in the school of origin for the remainder of the academic year, or for the following academic year if the family becomes homeless between academic years, or enroll the child or youth in any school in which other students living in the attendance area in which the child or youth is actually residing are eligible to attend, whichever is in their best interest.
• Ensure school placement of the homeless child or youth according to the School Board's admission policy.
• Provide services comparable to services offered to other students in the school of attendance, including transportation services, educational services for which the child or youth meets the eligibility criteria (Title I programs, special education, limited English proficiency), programs in vocational education, programs for the gifted and talented, and school meals programs.
• Designate a homeless liaison to coordinate services and ensure that there are no barriers to the enrollment, transportation, attendance, and success in school for homeless children and youth. Additionally, the homeless liaison will promptly solve disputes regarding educational placement.
Ref: 42 U.S.C. 11431, Stewart B. McKinney Homeless Assistance Act; Plyler v. Doe 457 U.S. 202 (1982); La. Rev. Stat. Ann. ''17:81, 17:151.3, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education. Policy: JHC Cf: DK, IDE, JH
STUDENT ORGANIZATIONS
The Calcasieu Parish School Board, recognizing the importance of worthwhile organizations in the school, encourages all students to participate in student organizations and club activities. Students shall have the right to form organizations within the school for cultural, social, athletic, and other authorized purposes which will enrich and extend their education. Such groups shall follow administrative regulations and procedures developed and maintained by the Superintendent and staff governing the creation and operation of student organizations and clubs in accordance with School Board policy. Student organizations or clubs shall not deny membership to any student because of race, color, creed, sex, national origin, or disability. Principals shall be responsible for approving or authorizing any student activity and/or organization and shall also be responsible for the operation and oversight of all student activities or organizations to assure compliance with administrative regulations. EQUAL ACCESS As provided by the Federal Equal Access Act, any school which allows non-curriculum related groups access to school facilities during non-instructional time must adhere to the following criteria: 1. Equal access will not be denied on the basis of religious, political, philosophical or other content of such meetings or organizations;
2. The meetings are voluntary and student-initiated;
3. There is no sponsorship of the meetings by the school, the government, or its agents or employees;
4. Employees or agents of the school or government are present at religious meetings only in a non-participatory capacity;
5. The meetings do not materially and substantially interfere with the orderly conduct of educational activities within the school;
6. Non-school persons may not direct, conduct, control, or regularly attend activities of student groups; and
7. If access is given to school media such as bulletin boards, newspapers, or public address systems, it must be given to all non-curriculum related clubs on an equal basis.
Revised: February, 2003
Ref: 20 U.S.C. 4071-4074; 20 U.S.C. 7905; La. Rev. Stat. Ann. ''17:81, 17:2091. Policy: JQL Cf: IDDH
LANGUAGE MINORITY STUDENTS
All schools with language minority students shall be obligated to provide written or verbal communications with these students and parents or guardians in a language they can best understand.
Ref: 29 U.S.C. 6801 et seq.; 20 U.S.C. 7401 et seq.
Policy: JR Cf: IFDA
STUDENT RECORDS
Parents and guardians have the right to inspect and review any school records dealing with and review their respective student records. Review and dissemination of any student information shall be conducted under strict statutory precautions. Student records are defined to be all official records, files, documents, and other materials directly related to children, including all material that is incorporated into each student's cumulative record folder, and intended for school use or to be available to parties outside the school or school system. Such items include, but are not necessarily limited to, identifying data, academic work completed, grades, standardized test scores, attendance data, scores on standardized intelligence, aptitude, and psychological tests, and health data. ANNUAL NOTIFICATION All parents/guardians shall be notified annually of their rights under the Family Educational Rights and Privacy Act of 1974 (FERPA). Such notification shall be made annually by publication in student handbooks, newsletters, notification to student's home by students, by mail, or publication in the official journal, or in such manner as deemed appropriate by the Board. DIRECTORY INFORMATION Information classified as directory information may be disclosed from a student's record without the written consent of the parent or eligible student. Directory information has been designated by the School Board to include the student's name, address, telephone number, date and place of birth, grade level, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended and photograph or video. A parent or eligible student may refuse to allow the Board to designate any or all of the types of information about the student as directory information thus prohibiting its release to the public. After proper notice, a parent or eligible student shall have thirty (30) days in which to notify the School Board as to which types of information about the student shall not be designated as directory information. In accordance with the No Child Left Behind Act of 2001, schools shall honor the requests of military recruiters for names, addresses and phone numbers of high school students, unless parents have specified that such information not be released to such recruiters. ACCESS TO RECORDS
1. The parent or legal guardian of a student will have access to student records upon written request to the principal maintaining those records within the school system.
If the student is eighteen (18) years or older, only the student has the right to determine who, outside the school system, has access to his/her records.
The parent, legal guardian or student, if the student is 18 or over, will, upon written request to the principal maintaining those records, have the opportunity to receive an interpretation of those records, have the right to question those data, and if a difference of opinion is noted, shall be permitted to file a letter in said cumulative folder stating their position. If further challenge is made to the record, the normal appeal procedures established by Board policy will be followed.
2. School personnel having access to those data are defined as any person or persons under contract to the system and directly involved in working toward either the affective or cognitive goals of the system.
RELEASE OF INFORMATION OUTSIDE THE SCHOOL SYSTEM
1. To release student records to other schools or school systems in which the student intends to enroll, the parents, legal guardian or the student, if he/she is eighteen (18) years or over, must be notified of the transfer and the kinds of information being released. They shall receive a copy of such information if it is requested in writing and shall have the opportunity to challenge that record as described above.
2. Those data may be released to State Education and other governmental agencies only if the names and all identifying markings are removed to prevent the identification of individuals.
3. To release student records to other persons or agencies, written consent shall be given by the parent, legal guardian or the student if he/she is 18 or older. Such consent form shall state which records shall be released, to whom they shall be released and the reason for the release. A copy of the student record being sent shall be made available to the person signing the release forms if he/she so desires.
4. The District will not provide a parent or eligible student a copy of the student's education record unless failure to do so would effectively prevent the parent or eligible student the right to inspect and review the records.
If the record involves answers to a standardized test, the District will not provide a parent a copy of standardized test questions.
5. Under no circumstances may a school or school district refuse to promptly transfer the records of any child withdrawing or transferring from the school. Transfer of records shall not exceed forty-five (45) days from the date of request, or ten (10) business days from the date of a written request by any authorized individual of an educational facility operated within any correctional or health facility in or out of Louisiana. 6. Student records shall be furnished in compliance with judicial orders, or pursuant to any lawfully issued subpoena if the parents, legal guardian and students are notified in advance.
7. All authorizations for release of information shall be filed in the student cumulative folder. 8. The School Board and employees may disclose education records or information from education records, without the consent of the parent or guardian of the student who is the subject of the records, to certain law enforcement officials. Disclosure of such records or information shall be in accordance with the following provisions:
a. Disclosure of education records or information from education records shall only be made to state or local law enforcement officials or to other officials within the juvenile justice system.
Verification of the official's position may need to be made before the disclosure of records or information.
b. The disclosure of the education record or information must relate to the ability of the juvenile justice system to serve, prior to adjudication, the student whose records or information is to be disclosed.
c. The officials to whom the records or the information are disclosed shall certify in writing that that person, and any agency or organization with which that person is affiliated, shall keep the personally identifiable portions of the records or the information confidential and shall not disclose the personally identifiable portions of the records or the information to any person, agency, or organization except a person, agency, or organization within the juvenile justice system having an independent right to the information.
d. Any other provisions necessary to comply with federal law or rules.
REVIEW OF STUDENT RECORDS BY THE PARENT
1. Schools shall provide for the review of student records by parents or guardians. Parents and students shall be given notification of their right to review the student records.
2. A parent or guardian who desires to review his/her child's record shall contact the school for an appointment. A conference shall be scheduled as soon as possible, not to exceed one month. The disclosure record shall be completed at the time of the conference. Prior to the scheduled conference, the principal shall review the record for accuracy and completeness.
3. The record shall be examined by the parent in the presence of the principal or a designated professional person.
The principal or a designated professional person shall provide the parent an opportunity to raise questions regarding information on the records.
A record of the review shall be made on the disclosure record. 4. If the parent or guardian requests a hearing to challenge information contained in the student's folder, a written request for the hearing shall be made and a hearing scheduled for a date not less than three (3) working days or more than two (2) weeks from the date of the requests.
a. The hearing shall be held with the principal and the parent or guardian at the scheduled time. b. If the parent or guardian is not satisfied with the hearing with the principal, he/she shall have the opportunity to appeal the decision to the Superintendent or designee(s).
c. The parent or guardian shall request the appeal in writing to the Superintendent. Upon receipt of said request, the Superintendent shall schedule a hearing within ten (10) working days following receipt of the parent's request. The date, time and place of the review hearing shall be sent to the parent or guardian by United States registered or certified mail, return receipt requested.
5. At the review hearing:
a. The Superintendent or designee shall preside;
b. The parent or guardian and the principal shall be present. The student shall be present if requested by the parent or guardian or school official;
c. The decision of the hearing shall be communicated to the school and parent or guardian in writing within ten (10) working days;
d. The parent shall have the right to file a dissenting statement concerning the hearing; such statement shall become part of the student's cumulative folder.
TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS The following is a list of the types of records that the District maintains, their location, and their custodians. TYPES LOCATION CUSTODIAN
Cumulative School School School principal Records
Cumulative School School School principal Records (former students)
Health Records School School principal
Speech Therapy Records Office of Education Supervisor of for the Handicapped Speech
Psychological Records Office of Education Supervisor of for the Handicapped Pupil Appraisal
School Transportation Transportation Director of Records Office Transportation Special Test Records School/District School principal/ Administrative District Office Administrative Office
* Occasional Records School School principal
*Student education records not identified above, such as those in Superintendent's Office, in the school attorney's office, or in the possession of teachers
DEFINITIONS
Student - any person who attends or has attended a school in the District.
Eligible Student - a student or former student who has reached age 18 or is attending a post-secondary school.
Parent - either a natural parent of a student, a guardian, or an individual acting as a parent in the absence of the student's parent or guardian.
Education Records - any record (in handwriting, print, tapes, film, or other medium) maintained by the District or an agent of the District which is directly related to a student, except:
. 1. A personal record kept by a school staff member if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other persons except the maker's temporary substitute.
2. An employment record which is used only in relation to a student's employment by the District.
3. Alumni records which contain information about a student after he or she is no longer in attendance at the District and the records do not relate to the person as a student.
Revised: July, 1992 Revised: October, 1993 Revised: October, 2001 Revised: February, 2003
Ref: 20 U.S.C. '1232 (g-i) (Family Educational Rights and Privacy Act), 34 CFR 99.1-99.67; 20 U.S.C.7908; La. Rev. Stat. Ann. ''17:81, 17:1955; Board minutes, 6-2-92, 10-5-93, 5-7-02. Policy: LBBD Cf: JR
RELATIONS WITH ARMED FORCES/MILITARY AGENCIES
The Calcasieu Parish School Board shall allow military recruiters the same access to secondary students as offered to postsecondary institutions and prospective employers. Military recruiters shall also have access to names, addresses and phone numbers of secondary students except in the case of a student whose parent has requested the information not be released. Ref: 20 U.S.C. 7401 et seq.; 20 U.S.C. 7908. Policy GCN, Dismissal of Classified and Support Personnel
File: GCN Cf: GBN
DISMISSAL OF CLASSIFIED AND SUPPORT PERSONNEL
With the exception of lay‑offs caused by programmatic changes, budget cuts, staff reorganizations, and/or reductions in force, no School Board employee shall be dismissed except upon valid reasons. Any school employee having supervisory or disciplinary authority over school children shall be dismissed by the Board, in accordance with statutory provisions, upon final conviction or pleading nolo contendere of certain crimes outlined in state law. BUS OPERATORS
Bus operators shall be dismissed in accordance with statutory provisions. OTHER CLASSIFIED AND SUPPORT EMPLOYEES
Dismissal of non-tenured employees shall be accomplished in accordance with the following procedure: 1. Any employee's immediate supervisor, who has documented evidence that dismissal is appropriate, shall make a written recommendation to the Superintendent or his designee outlining the reasons for the recommendation. The employee shall be provided a copy of such recommendation.
2. The Superintendent or his designee shall thereafter conduct a conference with the employee, the employee's immediate supervisor, and if needed, other appropriate personnel. Those recommending the dismissal of the employee shall be asked therein to explain their reasons for such recommendation, and the employee shall be given the opportunity to rebut those reasons and/or to explain his position. The conference may be recessed if the Superintendent or his designee feels that additional information is needed before a decision can be made.
3. If, after considering the information presented in the conference and any other information considered important that has been reviewed with the employee in question, the Superintendent or his designee feels that dismissal is appropriate, then the Superintendent or his designee shall make a written recommendation of dismissal to the School Board. The recommendation shall outline the reasons therefore, and a copy of it shall be provided to the employee. Recommendation to the Board shall be presented within thirty (30) days from the date of the Superintendent's recommendation of termination.
4. The School Board shall be asked to act upon the recommended dismissal at the next meeting following receipt of such written recommendation.
5.
As used herein non-tenured employees shall refer to those school employees who do not attain tenure, including, without limitation, janitors/custodians, teachers' aides, clerical employees, maintenance workers, and cafeteria workers.
Revised: December, 1987 Revised: December, 1992 Revised: October, 1996 Revised: April, 2003
Ref: La. Rev. Stat. Ann. ''15:587.1, 17:15, 17:81.5, 17:443, 17:493; Board minutes, 5-21-96.
Mr. Duhon stated that there being no further action or discussion the meeting was adjourned.
TAKE APPROPRIATE ACTION
Discussion of School Board Members, Bonding Districts, Election Districts, Attendance Zones
This item was placed on the agenda for further clarification regarding the distribution list of schools by bonding districts.
The Superintendent explained that the schools by bonding districts distribution list is a precinct overlay with the bonding district. There was discussion regarding the involvement and representation of several Board members in the north Lake Charles area and non-representation of predominately north Lake Charles Board members in the south Lake Charles area. Mr. Theriot explained that the out-of-zone students are not tracked for this report. Mr. Theriot explained that all Board members represent all children in the school system. The lists are provided as a convenience only. He added that the election district information is utilized when identifying a Board member to a school.
Mr. Theriot stated that the maps are displayed and available for review in Mr. Savoy’s office.
This item was for discussion only, no action required.
BID REPORTS
Additions and Renovations to T. H. Watkins Elementary School, Phase I
The following bids were received:
Contractor Base Bid Alt. #1
Priola construction $1,265,000 $ 92,400 Ribbeck Construction $1,314,290 $107,000 Alfred Palma, Inc., $1,372,000 $ 88,000 Vaughn Brothers Const. $1,373,000 $104,200 Charles Miller Const. $1,417,000 $101,000 Lewing Const. $1,450,000 $119,150 Picheloup Const. $1,454,000 $119,800 Coushatta Empire $1,566,000 $119,000
Alternate Description: Provide computer lab and related improvements as outline under alternate bid #1 on plans.
On motion by Mr. Bernard, seconded by Mr. Pitre and carried, the contract was awarded to Priola Construction Company (base bid + alternate #1, pending grant for computers described in alternate #1) in the amount of One Million Three Hundred Fifty-seven Thousand Four Hundred and no/100 Dollars ($1,357,400.00) as the lowest qualified bid meeting specifications.
Additions and Renovations to T.S. Cooley Elementary School
The following bids were received:
Contractor Base Bid Alt. #1
Ribbeck Const. $ 948,552 $2,977/Unit Lewing Const. $1,039,000 $3,300/Unit F. Miller Const. $1,158,000 $3,300/Unit
On motion by Mr. Tarver, seconded by Mr. Pitre and carried, the contract was awarded to Ribbeck Construction Company (base bid + alternate #1) in the amount of Nine Hundred Ninety-Three Thousand Two Hundred Seven and No/100--------Dollars ($993,207.00) as the lowest qualified bid meeting specifications.
Site Preparation for the Project “New St. John Elementary School”
The following bids were received:
Contractor Base Bid
Civil Const. $244,450.00 Tommasi Brothers Const. $237,995.00 R. Cloud Const. $257,400.00 McManus Const. Bid documents did not meet specifications. Brandt Pedersen $189,735.00 Triple A Const. $218,180.00 K.A.S. Const. $248,394.86 M & C Oilfield Services $256,000.00
On motion by Mr. Tarver, seconded by Mr. Pitre and carried, the contract was awarded to Brandt Pedersen Construction, Inc., (base bid) in the amount of One Hundred Eighty Nine Thousand Seven Hundred Thirty Five Dollars and No/100-------($189,735.00) as the lowest qualified bid meeting specifications.
Additions and Renovations to S.J. Welsh Middle School, Phase I
The following bids were received:
Contractor Base Bid
Lewing Const. $ 905,900.00 F. Miller $ 982,000.00 Coushatta Empire $1,078,000.00 Alfred Palma, Inc., $ 836,000.00
On motion by Mr. Tarver, seconded by Mr. Pitre and carried, the contract was awarded to Alfred Palma, Inc., (base bid) in the amount of Eight Hundred Thirty Six Thousand Dollars and No/100 -----------($836,000.00) as the lowest qualified bid meeting specifications.
Classroom Furniture and Teaching Supplies for Several Elementary Schools Early Childhood Development
The following bids were received:
Vendor Name Bid Price
ABC School Supply $ 281.88 Duluth, GA
Childcraft Education Corp. $ 2,125.48 Lancaster, PA
U.S. Toy Co., Inc., $ 296.10 D/B/A Constructive Playthings Grandview, MO
Kaplan Early Learning Co. $ 432.14 Lewisville, NC
Lakeshore Learning Materials $ 7,093.10 Carson, CA
Rowley, Hansell-Petetin, Inc., $ 9,699,58 Metairie, LA
TOTAL BID AMOUNT $19,928.28
On motion by Mr. Andrepont, seconded by Mr. Breaux and carried, the contract was awarded to the low bid for each item meeting specifications.
School Furniture for Combre/Fondel Elementary School
The following bid was received:
Vendor Name Bid Price
School Specialty $104,437.21 Conway, AR
General Funds $ 73,092.63
Bond Funds $ 31,344.58
Total Bid Amount $104,437.21
On motion by Mrs. Duhon, seconded by Ms. LaVergne and carried, the bid was awarded to School Specialty for meeting specifications based on a complete package bid.
Playground Equipment for Several Elementary Schools, Grant Funds
The following bids were received:
Vendor Name Bid Price
Bluegrass Recreational Products No Bid
Hahn Enterprises, Inc., $39,090.00 New Orleans, LA
On motion by Mrs. Duhon, seconded by Mr. Andrepont and carried, the low bid for each item meeting specifications was approved.
Copy Paper, Thermal Master, Classroom Whiteboard Markers and Cleaner
The following bids were received:
Vendor Name Bid Price
A to Z Paper Company $ 40,150.00 New Orleans, LA
School Specialty $ 30,156.44 Mansfield, OH
Unisource $ 40,150.00 Baton Rouge, LA
TOTAL BID AMOUNT $110,456.44
On motion by Mrs. Duhon, seconded by Mr. Andrepont and carried, the low bid for each item meeting specifications was approved.
Janitorial Supplies for the 2003-2004 School Session, Bid Number 2004-01
The following bids were received:
Vendor Name Bid Price
A to Z $ 4,386.80 New Orleans, LA
Economical Janitorial & $53,770.55 Paper Supplies, Inc. Kenner, LA
Graybar Electric $ 282.62 Lake Charles, LA
Lake City Supply $ 89.10 Lake Charles, LA
Pon Food Corporation $ 3,002.88 Ponchatoula, LA
Teche Electric $ 2,850.24 Lake Charles, LA
TOTAL $64,382.19
On motion by Mrs. Duhon, seconded by Mr. Andrepont and carried, the low bid for each item meeting specifications was approved.
Fire Alarm Systems, General Funds, Bid Number 2003-73
The following bid was received:
Vendor Name Bid Price
Sylvan Special Systems, Inc., $42,500.00
On motion by Mrs. Duhon, seconded by Mr. Andrepont and carried, the bid was awarded to Sylvan Special Systems, Inc., for a total cost of $42,500.00.
Additions and Renovations to R.D. Molo Middle School, Phase 2
The following bids were received:
Contractor Base Bid Alt.#1
Priola Construction $467,000.00 $39,000.00 Ribbeck Construction $489,508.00 $35,935.00 Lewing Construction $491,490.00 $32,600.00
On motion by Ms. LaVergne, seconded by Mrs. Duhon and carried, the contract was awarded to Priola Construction (base bid plus alternate 1) in the amount of Five Hundred Six Thousand and no/100------ Dollars ($506,000.00) as the lowest qualified bid meeting specifications.
Additions and Renovations to Vinton Middle School, Phase 2
Contractor Base Bid Alt.#1 Alt.#2 Alt.#3
Lewing Construction $374,000.00 $58,500.00 $110,900.00 $45,900.00 Ribbeck Construction $478,203.00 $64,793.00 $118,786.00 $29,900.00
On motion by Mr. Duhon, seconded by Mr. Karr and carried, the contract was awarded to Lewing Construction (base bid plus three alternates) in the amount of Five Hundred Eighty Nine Thousand Three Hundred and no/100--------Dollars (589,300.00) as the lowest qualified bid meeting specifications.
Sale of Used Surplus Scoreboards
It was reported that there were no bids received for the sale of the used surplus scoreboards located at Westlake High School.
On motion by Mrs. Duhon, seconded by Ms. LaVergne and carried, permission to dispose the scoreboards for which no bids were received in the manner it determines to serve the best interest of the Calcasieu Parish School Board was approved.
PERMISSION TO ADVERTISE
School Buses for the Transportation Department, General Funds
On motion by Mrs. Duhon, seconded by Ms. LaVergne and carried, permission to advertise for school buses for the transportation department, general funds, bid number 2004-02 was approved.
Additions and Renovations to Barbe Elementary School, School District Number 34 Bond Funds
On motion by Mrs. Duhon, seconded by Ms. LaVergne and carried, permission to advertise for additions and renovations to Barbe Elementary School, school district number 34 bond funds, Moss Architects, Inc., designer, was approved.
Additions and Renovations to College Oaks Elementary School, School District Number 34 Bond Funds
On motion by Mr. Pitre, seconded by Mr. Falgout and carried, permission to advertise for additions and renovations to College Oaks Elementary School, school district number 34 Bond Funds, Moss Architects, Inc., designer, was approved.
Additions and Renovations to Dolby Elementary School, School District Number 34 Bond Funds
On motion by Mr. Pitre, seconded by Mr. Falgout and carried, permission to advertise for additions and renovations to Dolby Elementary School, school district number 34 bond funds, Champeaux Landry, A.P.C. Architects, designer, was approved.
Additions and Renovations to Oak Park Elementary School, School District Number 33 Bond Funds
On motion by Rev. Franklin, seconded by Mr. Bernard and carried, permission to advertise for additions and renovations to Oak Park Elementary School, school district number 33 bond funds, Brossett Architect, LLC, designer, was approved.
Additions and Renovations to Prien Lake Elementary School, School District Number 34 Bond Funds
On motion by Mr. Pitre, seconded by Mr. Falgout and carried, permission to advertise for additions and renovations to Prien Lake Elementary School, school district number 34 bond funds, Paul B. Ritter, AIA & Associates, designer, was approved.
CORRESPONDENCE
Change Order Number Three (3) for the Project “Additions and Renovations to Reynaud Middle School,” School District Number 31 Bond Funds
On motion by Mrs. Duhon, seconded by Mr. Andrepont and carried, change order number three (3) for the project “Additions and Renovations to Reynaud Middle School,” school district number 31 bond funds, project number 9923, for an increase of $37,409.00 and an extension of five (5) days, C.Gayle Zembower, Architect, Inc., designer; Alfred Palma, Inc., contractor, was approved.
Change Order number Five (5) for the Project “9th Grade Campus-Sulphur High School,” School District Number 30 Bond Funds
On motion by Mr. Andrepont, seconded by Mr. Duhon and carried, change order number five (5) for the project “9th Grade Campus-Sulphur High School,” school district number 30 bond funds, project number 20887, for an increase of $9,848.00, C.R. Fugatt, AIA, designer; Alfred Palma, Inc., contractor, was approved.
Beneficial Occupancy for the Project “Classroom Pods – Phase III, DeQuincy Elementary, Oak Park Middle, S.J. Welsh Middle, Dolby Elementary, Gillis Elementary, Riverboat Funds
On motion by Mr. Karr, seconded by Rev. Franklin and carried, beneficial occupancy for the project “Classroom Pods – Phase III, DeQuincy Elementary, Oak Park Middle, S.J. Welsh Middle, Dolby Elementary, Gillis Elementary,” riverboat funds, C.R. Fugatt, AIA, Architect, designer; Picheloup Construction, contractor, was approved.
Recommendation of Acceptance for the Project “Vocational Agricultural Facility at Sam Houston High School,” Sales Tax District Number Three
On motion by Mr. LaRocque, seconded by Ms. LaVergne recommendation of acceptance for the project “Vocational Agricultural Facility at Sam Houston High School,” sales tax district number three (3), project number MAO214, Moss Architects, designer; Vaughan Brothers Construction, contractor, was approved.
Change Order Number Three (3) for the Project “New Field House for Westlake High School,” School District Number 23 Bond Funds
On motion by Dr. Stephens, seconded by Mr. Breaux and carried, change order number three (3) for the project “New Field House for Westlake High School,” school district number 23 bond funds, project number 9917-A5, for an increase of $46,256.00 and an extension of 15 days, King Architects, Inc., designer; Lewing Construction Company, contractor, was approved.
Change Order Number Five (5) for the Project “ Additions and Renovations to Westwood Elementary School, School District Number 23 Bond Funds
On motion by Dr. Stephens, seconded by Mr. Breaux and carried, change order number three (3) for the project “New Field House for Westlake High School,” school district number 23 bond funds, project number 9917-A5, for an increase of $46,256.00 and an extension of 15 days, King Architects, Inc., designer; Lewing Construction Company, contractor, was approved.
Recommendation of Acceptance for the Project “Additions and Renovations to Westwood Elementary School, School District Number 23 Bond Funds On motion by Dr. Stephens, seconded by Mr. Breaux and carried, recommendation of acceptance for the project “Additions and Renovations to Westwood Elementary School,” school district number 23 bond funds, King Architects, Inc., designer; Miller and Associates, contractor, was approved.
SUPERINTENDENT'S REPORT
2003 Southern Region Conference Registration
The NSBA/Southern Region Conference is scheduled for July 16-19, 2003, at the Hyatt Regency Hotel in Savannah, Georgia. If you are interested in attending, please contact the Superintendent’s office for information.
RECOGNITIONS AND CONDOLENCES
Mr. Andrepont requested a letter of appreciation to the Sulphur Parks and Recreation Department for hosting the 2003 State Softball Tournament.
Mrs. Duhon requested a letter of appreciation to Ted Williams for his financial contribution, which allowed Michael Lewis, student at College Oaks Elementary, to attend the national art contest in Washington, DC.
Rev. Franklin requested a letter of condolence to the family of Aaron J. Cains.
Mr. Duhon congratulated and thanked the golf team consisting of Mr. Breaux, Mr. Tarver, Mr. LaRocque, and Mr. Bruchhaus for playing in the Louisiana 4-H Foundation Golf Tournament.
Ms. LaVergne requested letters of condolence to Keisha Guillory, student at Washington-Marion High School, on the loss of her mother, Mrs. Elvia Jones on the loss of her mother, and Holly Heard on the loss of her brother.
Mr. Falgout requested letters of commendation to Lee DeRouen, instructor at the automotive trade and industry complex, and students Robert Bennett from Barbe High School and Joshua Hood from LaGrange High School for placing fifth in the 2003 Ford AAA State Final Contest. Robert will be receiving a scholarship from Bolton Ford to attend Delgado University.
Mr. Tarver requested a letter of condolence to the family of Drake Hoffpauir. Drake was a student at S.J. Welsh Middle School who recently lost his life in a boating accident.
SCHEDULE STANDING COMMITTEE MEETINGS
Budget/Fiscal Management – Tuesday, May 27, 4:45 p.m. Board Meeting – Tuesday, June 3, 5:00 p.m. Pupil Personnel – Tuesday, June 3, 4:00 p.m.
EXECUTIVE SESSION
On motion by Rev. Franklin, seconded by Mr. Tarver and unanimously carried, the Board went into Executive Session at 7:25 p.m. to discuss personnel matters. The Board resumed regular open session at 8:20 p.m.
TAKE APPROPRIATE ACTION
On motion by Mr. Andrepont, seconded by Mr. LaRocque and carried, the following personnel recommendations were approved:
Resignations
Jo Nell Lauw, Teacher, Sulphur High School. Recommend that her resignation become effective May 30, 2003.
Patricia Evans, Teacher, College Oaks Elementary School. Recommend that her resignation become effective May 30, 2003.
George Guidry, Teacher Aide, Oak Park Middle School. Recommend that his resignation become effective April 17, 2003.
Lydie Dutarte, Teacher, Prien Lake Elementary School. Recommend that her resignation become effective May 31, 2003.
Cary Tassin, Teacher, W. W. Lewis Middle School. Recommend that her resignation become effective May 30, 2003.
Christopher Griffith, Teacher, LaGrange High School. Recommend that his resignation become effective May 30, 2003.
Mark Doucet, Custodian, W. W. Lewis Middle School. Recommend that his resignation become effective May 2, 2003.
Mary Francis, Teacher Aide, St. John Elementary School. Recommend that her resignation become effective May 30, 2003.
Renee’ Whitaker, Teacher, Molo Middle School. Recommend that her resignation become effective May 30, 2003.
Donald Mouton, Cafeteria Technician, Washington-Marion High School. Recommend that his resignation become effective March 31, 2003.
Karen Larrick, Teacher, Frasch Elementary School. Recommend that her resignation become effective May 30, 2003.
Michael Guillory, Custodian, Nelson Elementary School. Recommend that her resignation become effective May 5, 2003.
Melanie LeJeune, Librarian, Fairview Elementary School. Recommend that her resignation become effective May 30, 2003.
Todd Read, Teacher/Assistant Coach, DeQuincy High School. Recommend that his resignation become effective May 30, 2003.
Elizabeth Greenlee, Band Director, Vinton High/Middle Schools. Recommend that her resignation become effective May 30, 2003.
Kace Marcantel, Head Coach, DeQuincy Middle School. Recommend that his resignation become effective May 30, 2003.
Sara Waters, Teacher, Nelson Elementary School. Recommend that her resignation become effective May 30, 2003.
Courtney Vidallier, Teacher, Prien Lake Elementary School. Recommend that his resignation become effective May 30, 2003.
Terrell Perry, Teacher/Assistant Coach, Lake Charles Boston High. Recommend that his resignation become effective May 30, 2003.
Andrea Green-Perry, Counselor, Washington-Marion High School. Recommend that her resignation become effective June 13, 2003.
Notification of Retirement
Fredman Hardy, Jr., Supervisor, Curriculum & Instruction Department. Recommend that his retirement become effective June 30, 2003.
Clara Roy, Cafeteria Tech., Vincent Settlement Elementary School. Recommend that her retirement become effective June 3, 2003.
Sandra Daniel, Cafeteria Tech., Reynaud Middle School. Recommend that her retirement become effective August 2, 2003.
Carolyn Martin, Librarian, R. W. Vincent Elementary School. Recommend that her retirement become effective May 30, 2003.
Kathleen Lowe, Teacher, Barbe High School. Recommend that her retirement become effective May 30, 2003.
Sara Richard, Cafeteria Manager, Frasch Elementary School. Recommend that her retirement become effective May 30, 2003.
Jimmie Morasco, Bus Driver, Nelson Elementary School. Recommend that her retirement become effective May 30, 2003.
Donald Pitre, Teacher, Reynaud Middle School. Recommend that his retirement become effective May 5, 2003.
Juanita Miller, Counselor, Molo Middle School. Recommend that her retirement become effective May 31, 2003.
Maternity Leave
Shelley LeBleu, Counselor, J. I. Watson Middle School. Recommend that she be granted a maternity leave beginning May 16, 2003 until September 2, 2003.
Danita Green, Tutor, Ralph Wilson Elementary School. Recommend that she be granted a maternity leave beginning April 4, 2003 until May 30, 2003.
Leave Without Pay
Winnifred Morrison, Teacher Aide, Molo Middle School. Recommend that she be granted a leave without pay for the 2003-2004 school session.
Germaine Stevens, Teacher, Prien Lake Elementary School. Recommend that she be granted a leave without pay for the 2003-2004 school session.
Tyra Chretien, Teacher Aide, Reynaud Middle School. Recommend that she be granted a leave without pay beginning August 13, 2003 until November 30, 2003.
Marissa Blackburn, Teacher, DeQuincy Middle School. Recommend that she be granted a leave without pay for the 2003-2004 school session.
Rescind Leave Without Pay
Mary Zaunbrecher, Cafeteria Technician, Iowa High School. Recommend that her leave without pay be rescinded and she return to work May 5, 2003.
Professional Development
Mary Margaret Davis, Family/Consumer Science Teacher, Starks High. Recommend that she be granted a leave for professional development for the 2003-2004 school session.
Waive Act 715
Lena Tizeno, Teacher, Barbe High School. Recommend that Act 715 be waived on her behalf and her retirement become effective July 5, 2003.
Termination of Duties
Randy Yellott, Teacher/Assistant Coach, Westlake High School. Recommend that his coaching duties only be terminated effective May 30, 2003.
Allen Crisp, Head Coach, Vinton Middle School. Recommend that his coaching duties only be terminated effective May 30,
Recommendations
A motion was made by Mr. Bernard, seconded by Mr. Falgout, recommending Bobby Jack Thompson as Principal for LaGrange High School.
Mr. Robert recognized Rev. Franklin. Rev. Franklin stated that four of the seven applicants were African American and were obviously more qualified. He stated he respected Mr. Thompson, but there was no true reading of his effectiveness. He stated that the recommendation as presented by staff warrants concern relative to the interview process and exclusion of an African American applicant.
Mr. Robert called for a vote on the motion. The motion carried with three nays by Mrs. Duhon, Rev. Franklin, and Ms. LaVergne.
On motion by Mr. Breaux, seconded by Dr. Stephens and carried, Margaret Goode was named the Acting Principal for Maplewood Middle School. & |