SECTION 30.    Administration of Bond Proceeds.  In accordance with and pursuant to the provisions of Subpart A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, the Governing Authority of the Issuer is hereby confirmed as administrator of the funds of the Issuer, and is further charged with the responsibilities of investing the proceeds of the Bonds in accordance with the terms of this Resolution and the Letter of Investment Instructions which is annexed hereto as Exhibit I.  The Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and Ex-officio Secretary of the Governing Authority shall signify his acceptance of the responsibilities set forth herein and within the Letter of Investment Instructions by his execution of the Letter of Investment Instructions.

                        SECTION 31.    Beneficiaries of the Resolution.   The provisions of this Resolution are for the sole benefit of the Owners of the Bonds and beneficial owners of the Bonds, and nothing contained herein, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person.  The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Resolution, and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this  Resolution or otherwise, except as expressly provided herein.  The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell the Bonds at any future date.

                        UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO OWNERS OF THE BONDS OR BENEFICIAL OWNERS OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS RESOLUTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.

                        No default by the Issuer in observing or performing its obligations under Sections 28 and 26 hereof shall constitute a breach of or default under this Resolution.

                        SECTION 32.    Section Headings.  The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.

                        SECTION 31.    Repealer.  All resolutions or Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in effect from and after its passage.

                        SECTION 34.    Effective Date of Resolution.  This Resolution shall become effective immediately upon its adoption.

                        APPROVED AND ADOPTED this 17th day of September 2002.

                                                            /s/ John M. Falgout

                                                            JOHN M. FALGOUT, President

ATTEST:

/s/ Jude W. Theriot                   

JUDE W. THERIOT, Secretary

               (Other business not pertinent to the above appears in the minutes of the meeting.)

               Pursuant to motion duly made and carried, the meeting was adjourned.

                                                            /s/    John M. Falgout            

                                                            JOHN M. FALGOUT, President

ATTEST:

/s/ Jude W. Theriot                   

JUDE W. THERIOT, Secretary

STATE OF LOUISIANA

PARISH OF CALCASIEU

                        I, JUDE W. THERIOT, certify that I am the duly qualified and acting Superintendent of Schools of Calcasieu Parish, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board, the governing authority of School District No. 31 of Calcasieu Parish, Louisiana.

                        I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a meeting of the Calcasieu Parish School Board held on September 17, 2002, and of a resolution adopted at said meeting as said minutes and resolution appear officially of record in my possession.

                        IN FAITH WHEREOF, witness my official signature and the impress of the official seal of School District No. 31 of Calcasieu Parish, Louisiana, on this 17^th day of September 2002.

                                                            JUDE W. THERIOT, Secretary                                                                     [S E A L]

PRESENTATIONS

Prien Lake Elementary School and Beatrix Potter Partnership (USA/UK)

Mr. Falgout recognized Sheryl Abshire, Administrative Coordinator of Technology.  Mrs. Abshire announced that the USA/British Council International Educational Technology Connection that is being held at Prien Lake Elementary School is a continuation of the 2001 project.  One purpose of the program is to provide a mentoring/shadowing relationship between individual UK and USA teacher partners that will be sustained by long-term collaborative student projects and online communications. 

Mrs. Abshire announced the following 2002-2003 project continuation participants:

UK Participants – Steph Neale – Beatrix Potter School, Dr. Anita Jackson – University of Surrey at Roe-Hampton, along with 15 adults and 10 students

Prien Lake Elementary School Participants –

Becky Ford - Gifted Education, Irene Greathouse – Principal, Prien Lake Elementary School, Veronica Harts – Assistant Principal, Prien Lake Elementary School

Mr. Neale was recognized.  He thanked the Board and all of the participants from Calcasieu Parish.  Mr. Falgout thanked Mr. Neale and the United Kingdom for their support.

BellSouth Mini-Grants

Mr. Falgout recognized John Williams, BellSouth representative.  Mr. Williams made a presentation to the following recipients of the four BellSouth mini grants that were awarded to Calcasieu Parish:

Jason Doyle, teacher at W. W. Lewis Middle School

Dorothy Taylor, teacher at Ray D. Molo Middle School

Julie Ortego, teacher at College Oaks Elementary School

Tammy Stephens, teacher at Dolby Elementary School

Mr. Williams congratulated the teachers and stated it was an honor for BellSouth to continue supporting the educational system in Calcasieu Parish. 

On behalf of the Board, Mr. Falgout congratulated the recipients and thanked Mr. Williams and BellSouth for their continued support.

Mr. Falgout recognized Guy Bradberry, candidate for Family Court Judge.  Mr. Bradberry introduced himself and his family and stated that, if elected, he would take a proactive approach to education and continue to do what is best for our children.

Mr. Falgout wished Mr. Bradberry good luck with his campaign.

Louisiana Delegate for National Basketball Tournament

Bill Jongbloed, Administrative Director for High Schools, made a presentation to Tena Matthews, the Louisiana delegate to the National Basketball Tournament that was held in Hawaii during the summer of 2002.  Mr. Jongbloed stated that Tena graduated from Washington/Marion High School with honors and she was recognized as an outstanding athlete having received many awards and honors for her performances.  He presented Tena with a plaque in honor of her many accomplishments.

Tena thanked the board, her mother, and God for her talent.  She hoped that her talent and leadership would help others.

The board members congratulated Ms. Matthews for her success.

COMMITTEE REPORTS

Budget/Fiscal Management

Mr. Armentor, Chairman, reported that the Calcasieu Parish School Board Budget/Fiscal Management Committee met Tuesday, September 10, 2002.   A quorum was present.

Mr. Armentor reported that Ms. Marla Jefferson and Mr. Mike LeJeune, representatives of Johnson Controls, Inc., made a presentation and current status of the third year of the Performance-Based Energy and Operational Efficiency Program with the system.   The project’s annual savings for fiscal year 2001 totaled $837,170.  The project’s total savings to date is $2,402,177 less projected savings of $2,131,200 for a total positive cash flow to date of $270,977.

In addition to the performance contract, Johnson Controls had two additional projects; the Gillis Elementary FCS Pilot Program and the Sulphur High School project.   The Gillis project totaled $18,087 in installation and energy savings and the Sulphur High School project saved an additional $44,996 over a nine-month period.   

This item was for informational purposes only and no action was necessary.

Mr. Armentor reported that Jim Crawford, Director of Data Processing, made a presentation to the committee on student and financial software.  The Board had previously been advised that it would be necessary to research new hardware and software for the student and financial systems.  The process has been very extensive and many options were explored. 

Staff made the following recommendation to the committee:

·        Purchase of student and financial software from Pentamation including data conversion costs-$625,232

·        Implement Pentamation training program-$164,200

·        Authorize advertisement for hardware purchases for new system-$364,750

·        Authorize advertisement for position of Network Administrator-$63,700

·        Authorize increase in current Data Processing Budget to cover additional maintenance costs associated with running two systems in current year - $150,000

·        Purchase of sales tax system for JPI Data Resources with hardware and components from related vendors-$42,000

·        Increase current sales tax operating budget for system maintenance and form printing costs-$13,840.

·        Authorize Board President to sign associated contracts and documents after review by legal counsel.

The total one-time cost associated with the purchase of the new system would be $1,196,182.

There was concern expressed relative to recurring costs.  Mr. Bruchhaus noted that the affiliated network costs are currently being paid.  He reported that the proposal from Pentamation was considerably less than proposals submitted from other companies.  After discussion, Mr. Armentor made a motion on behalf of the committee to approve staff’s recommendation and the one-time cost of $1,196,182 associated with the purchase of the new system to be paid from reserve funds.  The motion carried.

Next, Mr. Robert Kline, a concerned citizen and member of Our Lady Queen of Heaven Catholic Parish, addressed the committee concerning the impact of the Tobacco Money Settlement on education.  His focus was on the distribution of funds based on current planned allocations.   Mr. Kline expressed concern over the public school board receiving 100% of the award.  He felt this was highly discriminatory and asked the committee to consider support for all children in Calcasieu Parish.

This item was for informational purposes and no action was necessary.

Mrs. Duhon, on behalf of the Louisiana School Board’s Association, disseminated information to the board members on the Tobacco Money Settlement.

Next, Mr. Bruchhaus advised the committee that the 10 mill tax passed for improvements at Bell City High will only generate $78,000 per year.  In order for projects to begin in the district with enough revenues available, staff recommended to the committee that an interfund loan be approved from the General Fund not to exceed $234,000 with payments to be made over a 3 year period beginning with 2002 tax proceeds.

Mr. Armentor made a motion on behalf of the committee to approve this request.  The motion carried.

The next item presented was a resolution to support the repeal of the Government Pension Offset and Windfall Elimination Provision legislative acts.   These acts deny retired educators the right to collect benefits due them earned through social security programs both personally and/or through a spouse due to the fact that they are drawing retirement benefits.

On behalf of the committee, Mr. Armentor moved to approve the resolution.  The motion carried.

The next item was the renewal of an agricultural lease with Ralph Hardy for 16^th Section land owned by the School Board in LeBleu Settlement.  The terms remain the same as in the previous five-year lease.

Mr. Armentor moved on behalf of the committee to approve the request for the lease renewal.  The motion carried.

Mr. Armentor reported that Mr. Bruchhaus addressed the need for land purchases at four of our school sites; Fairview Elementary, Pearl Watson Elementary, Bell City High and Molo Middle Schools.  Possible purchases would be made through riverboat funds and staff requested permission to authorize Loran White of Flavin Realty to negotiate purchase agreements with sellers not to exceed appraised values.  Mr. Armentor moved on behalf of the committee to approve this request.  The motion carried.

Next, Mr. Bruchhaus advised the committee that the current company for the voluntary short/long term disability insurance had issued a letter of non-renewal.  The replacement coverage plan is through Fortis Benefits and staff recommends approval of the coverage.  Mr. Armentor moved on behalf of the committee to approve this request.  The motion carried.

The next item was a request for additional days for elementary guidance counselors.  Ms. LaVergne addressed the request to pay the counselors for five additional days. She stated that the counselors work more days than they are presently paid for during the summer to complete their work.  The annual cost to fund the additional days would be $37,626.71. 

Mr. Armentor reported that Mr. Bruchhaus advised the committee that the State had approved a $477 one-time supplement for support personnel to be distributed September 20, 2002, and a possible supplement may be forthcoming locally for all employees from the surplus fund balance after the external audit has been completed.  The Board previously gave a $300 one-time supplement to all employees in May 2002.  In addition, the Board provided employees on the Teachers’ Salary Schedule with a $1,500 raise for fiscal year 2001-2002 and employees who did not fall on the Teachers’ Salary Schedule a $500 raise.   The State also provided a $2,060 teacher raise in 2001-2002. 

On behalf of the committee, Mr. Armentor moved to approve the additional five days to the elementary guidance counselor’s annual salary.

It was noted that approving one sector of salaries would create other inequities.

After discussion, Mr. Robert made a substitute motion, seconded by Mr. Doucet, to recommend that staff prioritize a list of all requested salary increases and present findings to the Budget/Fiscal Management Committee for review.

Mr. Falgout recognized the following who spoke for the approval of the additional five days to the elementary guidance counselor’s annual salary:

         Mitzi Wilkinson – Representing Elementary Counselors

Josephine Hawkins – Representing the Calcasieu School Counselor Association

It was noted that the request was initiated because of the additional duties required to complete the review of LEAP test scores and placement of students to their appropriate grades.

In opposition to the recommendation without review of prioritized inequities and the consideration of previously submitted salary inequities were:

         Ina F. Delahoussaye - CPSB Federal Programs Supervisor

         Janis Ehlers, R.N. - Nursing Department

         Mary Guillory, R.N. – Nursing Department

After further discussion, Mr. Falgout called for a vote on the substitute motion.

The motion carried with a vote of 8 yeas and 7 nays. 

Administration and Personnel

Mr. Victorian, acting Chairman, reported that the Administration and Personnel met Tuesday, September 12, 2002, at 4:45 in the Board Room.  A quorum was present.

Mr. Victorian reported that Mr. Wiley LeBert spoke on behalf of the Carpenters Local Union 953.  A proposal was presented to institute mandatory drug testing on all general contractors and sub contractors employees performing work on all Calcasieu Parish School Board projects. 

Mr. Victorian moved on behalf of the committee to approve legal counsel to write a policy that will include appropriate language relating to the drug testing issue and present said policy to the Administration and Personnel Committee.

Mr. Falgout recognized the following that supported the drug testing policy to ensure a drug free work place:

                        Wiley LeBert – Representing Carpenter Local 953

                        Charles Manning – Business Representative Carpenter Local 953

                        Scott Hines –Louisiana Associated General Contractors

After discussion, Mr. Falgout called for a vote on the motion.  The motion carried.

Mr. Victorian reported that Harlan Duhon, representing the IBEW Union 861 spoke relative to the proposed resolution that was presented at the Administration and Personnel Committee meeting on May 30, 2002.  He stated that the electrical union was requesting that only certified electricians that met the requirements stipulated in the proposed resolution would be qualified to work on projects for the Calcasieu Parish School Board.  A motion was made and approved referring the issue for discussion at the next board meeting.

The proposed resolution states:

“Any party bidding to perform electrical work of any nature under this contract shall not be deemed a “responsible bidder” unless it certifies that it will employ electricians on the project(s) in question who are certified as participating in a program of training and education or as having successfully completed such programs that are conducted or supervised by the National Joint Apprenticeship and Training Committee of the Electrical Industry and the Louisiana Department of Labor, Office of Regulatory Services, Labor Programs Section, apprenticeship Division.  The electrical sub-contractor shall provide through the general contractor on a monthly basis a signed certificate on a form provided by the Parish verifying compliance with the provisions of this section.”

Mr. Falgout recognized Scott Hines, representative of the Louisiana Associated General Contractors.  Mr. Hines spoke in opposition of the adoption of the resolution due to the following: 1) bid law violation, and 2) restriction of contractors due to adoption of specifications.

The following spoke in support of the resolution stating that the certified electricians would ensure quality work for all projects.  The IBEW representatives noted that this was not a union or non-union issue, but rather an issue of education, safety and quality of craftsmanship.

            Harlan Duhon – Business Manager of the IBEW Local 861

            Julie Richard – Spencer, Attorney, IBEW Local 861

            Rodney Duhon – Apprenticeship Program, IBEW Local 861

            James M. Stark – Representative, NECA

Mr. Spruel, legal counsel, advised the Board that as a public body, the Calcasieu Parish School Board might not be authorized to adopt the resolution as written.  He stated that the Calcasieu Parish School Board is not authorized to use public bid law as a goal to use local and certified electricians.  After lengthy discussion, Mr. Jay Duhon made a motion, seconded by Mr. Tarver, to postpone action on the issue and authorize legal counsel to review and give the Board a legal opinion at the next meeting, October 1, 2002.  The motion carried with eleven yeas, and three nays.  The Chairman did not vote.

TAKE APPROPRIATE ACTION

Policy DJED, Bids and Quotations- Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried, Policy DJED, Bids and Quotations, was approved.

                                                       BIDS AND QUOTATIONS

A.        Public Works

The Board shall advertise and let by contract, except in cases of extreme emergencies, all public work exceeding $100,000 per project.  The contract shall be awarded to the lowest responsible bidder who has bid according to the contract, plan, and specifications advertised, unless stipulated otherwise by the Board.

As an evidence of good faith, each bidder for public works project shall attach to its bid, a bid bond, certified check, or cashier's check in an amount equal to five percent (5%) of the bid amount. 

In cases of extreme emergency when time is not sufficient to advertise for bids, the Board is permitted by law to declare and publish a resolution that a public emergency exists and may enter a contract for more than the sums mentioned above without seeking bids; however, in such cases every effort shall be made by the administration to secure competitive quotations through negotiations or other means.

All advertisements for bids shall appear in the newspaper selected as the official journal for the School Board, except in extreme emergencies as may be declared by the Board.  The advertisement, when published, shall appear once a week for three (3) different weeks, the first advertisement to appear at least twenty-five (25) days prior to the opening of bids. In addition, the School Board may also publish an advertisement by electronic media available to the general public.  The first publication of the advertisement shall not occur on a Saturday, Sunday or legal holiday.

All bids shall be opened in public in the presence of one or more witnesses at the time and place designated in the invitation for bids.  Each bid, together with the name of the bidder, shall be recorded and open to public inspection.  The Superintendent and/or other appropriate administrators shall review, summarize and report bids to the Board with recommendations for final action.

Contracts for public works aggregating $100,000 or less shall be subject to the following:(1)      $10,000 - $100,000 

i)          Advertising will be at the discretion of the Superintendent or his/her designee provided that written invitations for quotations are sent to at

least five (5) bona fide, qualified bidders if the advertising process is not utilized.

ii)         Written invitations for quotations shall contain complete specifications, the quantity required, and any other information, including the delivery point, which is necessary to make an acceptable quotation.

iii)         Quotations shall be publicly opened and read at a specified date, time and location.  Each bidder shall be notified of the date, time and location.

iv)        Award of the contract shall be made by the Superintendent or his designee to lowest responsible responding contractor who has provided a quote.

(2)        $5,000.00 - $9,999.99  Award will be made after obtaining no fewer than three (3) telephone or facsimile quotations.  A written confirmation of the accepted offer shall be obtained and made part of the purchase file.  If quotations lower than the accepted quotation are received, the reasons for their rejection shall be recorded in the purchase file.

(3)        $0.00 - $4,999.99  Competitive quotations may be received at the discretion of the Buyer.

B.         Supplies, Materials and Equipment

The Board shall advertise and let by contract all purchases of supplies, materials and equipment aggregating $25,000 or more.  All advertisements for bids shall appear in the newspaper selected as the official journal for the School Board.  The advertisement, when published, shall appear at least ten (10) days prior to the date set forth therein for the opening of bids.  In addition, the School Board may also publish an advertisement by electronic media available to the general public.  Notice shall also be given in writing to persons in a position to furnish the supplies, materials and equipment as shown by the purchasing department's records.

All bids shall be opened in public in the presence of one or more witnesses, at the time and place designated in the invitation for bids.  Each bid, together with the name of the bidder, shall be recorded and open to public inspection.  The Superintendent and/or other appropriate administrators shall review, summarize and report bids to the Board with recommendations for final action.

The Board may require, as evidence of good faith that each bidder for the purchase of supplies, materials or equipment, attach to its bid a bid bond, certified check or cashier's check in an amount equal to five percent (5%) of the bid amount.

Purchases of supplies, material and equipment aggregating less than $25,000.00 shall be subject to the following:

(1)        Purchases from $10,000 - $24,999.99 shall meet the same requirements as for purchases of $25,000.00 or more, except:

(a)        Advertisement will be at the discretion of the Superintendent or his designee.  In any event, written invitations for bids shall be sent to at least five (5) bona fide qualified bidders.

(b)        Award of the contract shall be made by the Superintendent or his designee to lowest responsible bidder who has bid according to the specifications.

(2)        Purchases of $5,000.00 or more, but less than $10,000 shall be made by obtaining no fewer than three telephone or facsimile quotations.  A written confirmation of the accepted offers shall be obtained and made part of the purchase file.  If quotations lower than the accepted quotation are received, the reasons for their rejection shall be recorded in the purchase file.

(3)        $0.00 - $4,999.99  Competitive quotations may be received at the discretion of the purchasing department head.

Revised:  November, 1987                                           Revised:  November, 1997

Revised:  November, 1989                                           Revised:  August, 1999

Revised:  December, 1991                                            Revised:  October, 1999

Revised:  December, 1992                                            Revised:  December, 1999

Revised:  June, 1995                                                     Revised:  November, 2001

Revised:  December, 1995                                            Revised:  June, 2002

Ref:      La. Rev. Stat. Ann. §§38:2211, 38:2212, 38:2214, 38:2251, 39:1551 et seq.; Board minutes, 10-17-89, 3-17-92, 3-7-95, 1-16-96.

Policy EB, Buildings and Grounds Management – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried, Policy EB, Buildings and Grounds Management, was approved.

                                    BUILDINGS AND GROUNDS MANAGEMENT

It shall be the policy of the Calcasieu School Board to require that school properties be maintained in good physical condition. The Board, therefore, shall instruct the Superintendent to assure that all normal building and grounds maintenance, repairs and improvement functions are an integral part of the administration of the school system, including the elimination of any safety hazards.

The Superintendent shall be delegated a broad range of administrative and supervisory authority relative to the school system's buildings and grounds program.  Annual reports shall be made available to the Board relative to maintenance needs, safety, utility and attractiveness of school plants and grounds within the school system.

TOBACCO USE

The Calcasieu Parish School Board directs that the use of tobacco products shall be  prohibited in all school buildings, on school grounds, school buses and school owned vehicles except in an outside area specifically designated as a smoking area out of the view of students and the public.  Such areas shall be clearly marked as smoking areas.  Violators may be subject to appropriate disciplinary action by the Board.

Revised:  June 2002

Ref:      La. Rev. Stat. Ann. §17:240.

Policy GAMA, Employee Tobacco Use – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried Policy GAMA, Employee Tobacco Use was approved.

                                                     EMPLOYEE TOBACCO USE

The Calcasieu Parish School Board directs that the use of tobacco products shall be prohibited in all school buildings, on school grounds, school buses and school owned vehicles except in an outside area specifically designated as a smoking area out of the view of students and the public.  Such areas shall be clearly marked as smoking areas. Violators may be subject to appropriate disciplinary action by the Board.

Ref:  La. Rev. Stat. Ann. §17:240; Board minutes, 6-1-93.

Policy GAMD, Drug-Free Workplace – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy GAMD, Drug-Free Workplace, was approved.

                                                     DRUG FREE WORKPLACE

No employee shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act and subsequent regulations.

"Workplace" shall be defined as the site for the performance of work done in connection with any activity under the auspices of the Calcasieu Parish School Board.  Such definition includes any school building or other school premises; any school owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off-school property during any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the School Board.

As a condition of employment, each employee shall notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction.  Also, as a condition of employment, each employee shall abide by the terms of the school district policy respecting a drug-free workplace.  An employee who violates the terms of this policy may be non-renewed or his or her employment may be suspended or terminated, at the discretion of the Board.

Sanctions against employees, including nonrenewal, suspension Calcasieu Parish School Board and termination shall be in accordance with provisions of the Calcasieu Parish School Board Policy Manual.

Revised:  December 1992

Revised:  June 1993

Ref:      21 U.S.C. 812; 21 CFR 1300.11 et. seq.; La. Rev. Stat. Ann. §§17:405.1, 40:961 et seq.; Board minutes, 8-1-89, 6-1-93.

Policy GAMEB, Drug/Alcohol Testing - Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy GAMEB, Drug/Alcohol Testing, was approved.

               DRUG/ALCOHOL TESTING OF EMPLOYEES

                     REQUIRED TO POSSESS COMMERCIAL DRIVERS LICENSES

The Calcasieu Parish School Board, as a result of its responsibilities to its employees and to the public it serves, has a compelling obligation to eliminate illegal drug and alcohol use from its workplace.  The School Board recognizes the increased risks and dangers when employees use drugs/alcohol in the workplace.  This policy will establish the administrative scope, personnel procedures, employee training, drug testing guidelines, and employee assistance related to achieving a drug free workplace.  It is the intent of this policy to comply with current federal statutes, and U. S. Department of Transportation regulations concerning drugs in the workplace and drug testing of employees.

CONTACT PERSON

Questions regarding this policy may be directed to the following individual:

School Board Substance Abuse Program Coordinator

Calcasieu Parish School Board

1724 Kirkman Street

P.O. Box 800

Lake Charles, Louisiana 70602-0800

(337) 491-1600

APPLICATION

This policy shall apply to every person employed by the School Board who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial drivers license requirements of 49 CFR Part 383.  The School Board requires compliance with this policy as a condition of employment, continued employment, and continuation of contractual agreements with the School Board in the capacity of a driver.

SAFETY-SENSITIVE FUNCTIONS

"Safety-sensitive function" means any of those on-duty functions set forth in 49 CFR Parts 395.2 "On-Duty time," paragraphs (1) through (7).

"Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.

PROHIBITIONS

Department of Transportation agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine.

The Department of Transportation prohibitions (49 CFR 382 Subpart B) require the following:

Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.  No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

Alcohol possession.

No driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.  No employer having actual knowledge that a driver possesses unmanifested alcohol may permit the driver to drive or continue to drive a commercial motor vehicle.

On-duty use.

No driver shall use alcohol while performing safety-sensitive functions.  No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol.  No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

Use following an accident.

No driver required to take a post-accident alcohol test under 49 CFR Section 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Refusal to submit to a required alcohol or controlled substances test.

No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 49 CFR Section

382.303, a random alcohol or controlled substances test required under 49 CFR Section 382.305, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.307, or a follow-up alcohol or controlled substances test required under 49 CFR Section 382.311.  No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

Controlled substances use.

(a)        No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle.

(b)        No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.

(c)        An employer may require a driver to inform the employer of any therapeutic drug use.

Controlled substances testing.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances.  No employer having actual knowledge that a driver has tested positive for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

ENFORCEMENT

The School Board reserves the right, in certain circumstances, to require employees to submit to medical or physical examinations or tests.  These procedures may be required at any time as condition of employment or continued employment.  The procedures used may include, but are not limited to, urine drug tests, blood alcohol tests, breathalyzer tests, or other medical examinations to determine the use of any substance prohibited by this policy or to determine satisfactory fitness for duty.  The tests may be announced or unannounced and may be utilized under the following circumstances:

Pre-employment testing.

(a)        Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for alcohol and controlled substances.  No employer shall allow a driver to perform safety-sensitive functions unless the driver has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04, and has received a controlled substances test result from the medical review officer indicating a verified negative test result.  If a pre-employment alcohol test result under this section indicates an alcohol content of 0.02 or greater but less than 0.04, the provisions of 49 CFR Part 382.505 shall apply.

(b)        An employer is not required to administer an alcohol test and/or a controlled substances test required by paragraph (a) of this section if the requirements of 49 CFR Part 382.301 (b) and (c) are complied with.

Post-accident testing.

As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver:

(a)        Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

(b)        Who receives a citation under State or local law for a moving traffic violation arising from the accident.

Random testing.

Except as provided in paragraphs (b) through (d) of 49 CFR Part 382.305, the minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of driver positions.  The minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions.  The employer shall randomly select a sufficient number of drivers for alcohol testing and for controlled substances testing during each calendar year to equal an annual rate not less than the minimum annual percentage rates indicated above.

Reasonable suspicion testing.

(a)        An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning alcohol, except for 49 CFR Part 382.304.  The employer's determination that reasonable suspicion exists to require  the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

(b)        An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of Subpart B of 49 CFR Part 382 concerning controlled substances.  The employer's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.  The observations may include indications of the chronic and withdrawal effects of controlled substances.

(c)        The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with 49 CFR Part 382.603.  The person who makes the determination test reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.

Return-to-duty testing.

(a)        Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart B of 49 CFR Part 382 concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.

(b)        Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by Subpart C of 49 CFR Part 382 concerning controlled substances, the driver shall undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use.

Follow-up testing.

(a)        Following a determination under 49 CFR Part 382.605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, each employer shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with the provisions of 49 CFR Part 382.605(c)(2)(ii).

(b)        Follow-up alcohol testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.

PROCEDURES

Collecting and testing procedures shall conform to all applicable federal guidelines and particularly those as prescribed by the Department of Transportation at 49 CFR Section 382 et al.

Any pre-employment applicants with confirmed positive test results shall be removed from the list of available applicants for job positions.

REQUIREMENT OF SUBMISSION TO ALCOHOL OR CONTROLLED SUBSTANCES TESTS

All employees to whom this policy is applicable are required to submit to alcohol and controlled substances tests administered in accordance with applicable laws.

REFUSAL TO SUBMIT TO TESTING

Refusal to submit to an alcohol or controlled substances test means that a driver:

(1)        Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part,

(2)        Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part, or

(3)        Engages in conduct that clearly obstructs the testing process.

Any employee refusing to consent to testing or to submit a saliva, urine or blood sample for testing when requested by the School Board shall be subject to disciplinary action, up to and including termination of employment.  Attempted or actual substitution or adulteration of samples shall be equivalent to refusal to submit to testing or equivalent to a positive drug test.

NOTICE OF DISCIPLINARY ACTION FOR POLICY VIOLATIONS

The consequences for drivers found to have violated Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or to comply with the provisions of this policy are as follows:

(a)        Except as provided in Subpart F of 49 CFR Parts 382, et al, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of 49 CFR Parts 382 et al or an alcohol or controlled substances rule of another Department of Transportation agency.

(b)        No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated the above provisions.

No driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605.  No employer shall permit a driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of 49 CFR Section 382.605.

The requirements of 49 CFR Section 382.605 include the following:

(a)        Each driver who has engaged in conduct prohibited by Subpart B of 49 CFR Part 382 shall be advised by the employer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.

(b)        Each driver who engages in conduct prohibited by Subpart B of 49 CFR Part 382 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.

The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 are as follows:

(a)        No driver tested under the provisions of Subpart C of 49 CFR Section 382, et al who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions

for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

(b)        Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04.  This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law.

In addition to the above, violations of Subpart B of the Rules and Regulations promulgated at 49 CFR Section 382.201 et seq and/or the failure to comply with the provisions of this policy shall be grounds for disciplinary action including but not limited to written reprimands, changes in job assignments, suspensions from work, and termination.

An employee shall be subject to immediate discharge if the employee refuses to cooperate with any of the enforcement provisions of the policy or is believed to have tampered or purposefully tried to alter the outcome of drug or alcohol test.

EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES

The Calcasieu Parish School System shall continue to provide all employees drug awareness programs focusing on the following:

(1)        The dangers of drug abuse in the workplace;

(2)        The specifics of the parish Drug-Free Workplace Policy;

(3)        Available treatment centers/hospitals for employees in need.

The costs for services of assessment and/or treatment will be the responsibility of the employee.

Public Law 102-143 Title V, Omnibus Transportation Employees Testing Act requires that the School Board comply with certain guidelines in order to limit substance abuse in the workplace.  The Law requires the School Board to provide training and continuing education on drug abuse related issues.  The School Board shall also provide its employees with a list of resources where the employee may go for drug abuse counseling and rehabilitation.  The Law also requires that the employee notify his employer of any conviction for drug related offenses within five days of such conviction.

Ref:      PL 102-143 (Title V); 49 CFR 40 et seq.; La. Rev. Stat. Ann. §§17:81, 23:1601, 49:1111 et seq.; Board minutes, 12-13-94.

Policy GAMFC, Health Examinations – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy GAMFC, Health Examination, was approved.

                                                      HEALTH EXAMINATIONS

The School Board, through the Superintendent, may require an employee to have a medical examination whenever there is evidence the employee's condition warrants such action, or there is concern for safety.  Examinations may also be conducted to determine adequacy of job performance or to meet requirements of state or federal laws.  All examinations conducted shall conform to all state and federal requirements.  The physician shall be designated by the Superintendent, and the cost of the examination shall be paid by the Board.  The Board may be entitled to reimbursement from an employee for the costs of such employee's or applicant's pre-employment medical examination or drug test, however, if the employee terminates the employment relationship sooner than ninety (90) working days after the first day of work or never reports to work, unless there is a substantial change made to the employment by the Board.

BUS OPERATOR

Prior to the opening of each school session, each employed school bus operator, regular, substitute, or activity bus operator shall be required to submit to the Superintendent a certificate from a licensed physician on forms furnished by the School Board, stating that the operator has been examined and is free from any ailment, disease, or defect that would adversely affect his/her ability to safely operate a school bus.  Such certificate should be submitted within forty-five (45) days prior to the opening of school, and the cost of said examination shall be paid by the Calcasieu Parish School Board.

Revised:  October 1997

Ref:   42 USC 12101 et seq.; La. Rev. Stat. Ann. §§17:491, 23:897.

Policy GAMG, Dangerous Weapons – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy GAMG, Dangerous Weapons, was approved.

                                                       DANGEROUS WEAPONS

It is unlawful for an employee to intentionally possess a firearm on school property or within 1000 feet of school property, with limited exception, or while on a school bus.  The area surrounding the school campus or within 1000 feet of any such school campus, or within a school bus shall be designated firearm-free zones.  The Calcasieu Parish School Board, in cooperation with local governmental agencies, and the State Department of Education, shall designate and mark firearm-free zones, which surround all schools and school property. 

Any employee possessing a firearm, dangerous weapon, or instrument intended or likely to produce great bodily harm, on school property, in his/her vehicle, or at any school-related function, may be subject to disciplinary action, up to and including termination.

Revised:  June 2002

Ref:      La. Rev. Stat. Ann. §§14:2, 14:95, 14:95.2, 14:95.6, 17:81.

Policy GRBA, Employee Conduct – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy GRBA, Employee Conduct, was approved.

                       EMPLOYEE CONDUCT

The Calcasieu Parish School Board believes the teaching profession occupies a position of public trust involving not only the individual teacher's personal conduct, but also the interaction of the school and the community.  Education is most effective when these many relationships operate in a friendly, cooperative, and constructive manner.  A teacher's conduct, as well as the conduct of all employees throughout the school district, should meet acceptable standards of the community and show respect for the law and the rights of others.

All employees have the responsibility to be familiar with and abide by the laws of the state, the policies and decisions of the Calcasieu Parish School Board, and the administrative regulations and procedures designed to implement Board policies.  Employees shall also comply with the standards of conduct set out in this policy and with any other policies, regulations, procedures, or guidelines that impose duties, requirements, or standards of conduct attendant to their status as School Board employees.

Employees shall be expected to observe at least the following standards of conduct:

•           Be courteous to students, one another, and the public and conduct themselves in a professional and ethical manner.

•           Recognize and respect the rights and property of students, other employees, and the public.

•           Maintain confidentiality of all matters relating to students and other employees.

•           Demonstrate dependable attendance and punctuality with regard to assigned activities and work schedules.

•           Observe and adhere to all terms of an employee's contract or job description.

•           Strive to keep current and knowledgeable about the employee's area of responsibility.

•           Refrain from promoting personal attitudes and opinions for matters other than general discussion.

•           Refrain from using undue influence to gain, or attempt to gain, promotion, leave, favorable assignments, or other individual benefit or advantage.

•           Advocate positive personal behavior on or off campus and attempt to avoid improprieties or the appearance of improprieties.

While the operation of the Calcasieu Parish School Board and its schools is governed by the provisions of this and all other Board policies, regulations, and procedures, as well as procedures of the individual schools, no policy manual can list each and every instance of misconduct that is precluded.  Accordingly, employees are cautioned that the appropriateness of certain action or behavior must necessarily be dictated by the nature of the position held by the employee and standards of common sense.  By virtue of one's education and experience, an employee knows and understands that certain actions or conducts are unacceptable even in the absence of formal Board policy.  For instance, without the need of a specific prohibition or warning, a classroom teacher should be aware of the impropriety of certain practices such as leaving students unattended, using profanity or sexually suggestive language, or bringing a firearm onto campus.  Such conduct constitutes both incompetence and willful neglect of duty.  Such conduct, as well as violation of any state or federal law or Board policies, regulations, or procedures, or school regulations or procedures, shall result in the imposition of discipline up to and including termination.

Ref:      La. Rev. Stat. Ann. §17:81; Sylvester v. Cancienne, 95-0789 (La. App. 1 Cir. 11/9/95), 664 So.2d 1259; Howard v. West Baton Rouge Parish School Board, 2000-3234 (La. 6/29/01), 793 So.2d 153.

Policy IDDG, Alternative Schools Education Program – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy IDDG, Alternative Schools Education Program, was approved.

            ALTERNATIVE SCHOOLS EDUCATION PROGRAM

The Calcasieu Parish School Board recognizes that exclusion from the educational program of the schools, whether by suspension or expulsion, is the most severe sanction that can be imposed on a pupil in this parish and one that cannot be imposed without due process, since expulsion deprives a pupil of the right to an education.

Pupils suspended or expelled/excluded from school shall remain under the supervision of the school system using an alternative education program designed to continue the educational process at an alternative school site.  An alternative setting may be located on or off the school site.  The alternative education program is designed to offer variations of traditional instructional programs and strategies for the purpose of increasing the likelihood that pupils who are unmotivated or unsuccessful in the traditional programs or who are disruptive in the traditional school environment remain in school and obtain a high school diploma.  Any expelled pupils attending the alternative education program and exhibiting disorderly conduct shall be dismissed from that program and shall not be permitted to return to any school program until the period of expulsion has ended.

Upon the request of the student's parent, tutor, or other person responsible for the student's school attendance, a student enrolled in school between ages of sixteen (16) and eighteen (18) years may be allowed, with approval of the School Board, to attend an alternative education program.

Ref:      La. Rev. Stat. Ann. §§17:7.5, 17:221, 17:224, 17:416.2.

Policy, IDG, Adult Education – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy, IDG, Adult Education, was approved.

                        ADULT EDUCATION

The Calcasieu Parish School Board shall provide an adult education and family literacy program.  The program is designed to allow eligible individuals to continue their education to at least the level of completion of secondary school and to make available to them an opportunity to acquire basic literacy skills necessary to function in society and become more employable, productive, and responsible citizens and family members.  The adult education program shall be administered and conducted in accordance with regulations established by the Division of Adult Education and Training of the Louisiana Department of Education.

1.         Enrollment Requirements

In order to be enrolled in a local adult education program, an individual must be sixteen (16) years of age or older, and not currently enrolled in the K-12 system.  Upon enrollment, an assessment is administered to determine the student's placement in the program.  The length of time in the program varies from individual to individual.

2.         Subject Matter Area

The adult education program shall operate one or more projects that provide services or instruction in one or more of the following:

Adult Basic Education (ABE)

Adult Secondary Education (ASE)/GED

English Literacy

Workplace Literacy

Family Literacy

3.         Equitable Access and Participation

The School Board shall attempt to provide equitable access and participation in adult education programs to ensure that all students develop the knowledge and skills needed to participate effectively on the job and in the family and to obtain satisfaction in one's personal life.  Adult education programs and activities shall strive for high educational standards by organizing academic, life, and job curricular offerings around student diversity.

Steps for addressing equitable access to and participation in adult education programs, while at the same time seeking high standards for students with participation barriers, include the following:

•           educational environments are created to honor diversity and respect the individual;

•           adult education programs strive to assure equity in program management;

•           preservice and inservice education equip faculty, administration, and the staff with the skills needed to teach and work with diverse student populations and communities;

•           fair and impartial teaching practices are incorporated into classrooms to facilitate the academic achievement of all students;

•           fair and impartial assessment practices are incorporated into the classroom;

•           curricula and personnel are observed/evaluated to ensure that issues of equity and diversity are consistently addressed;

•           student achievement and program data are collected and evaluated to ensure that all groups benefit from educational practices and policies;

•           the entire curriculum is available to all students through comprehensive, individualized planning and course selection;

•           financial resources, facilities, and staffing are allocated in ways that provide opportunity and success for all students; and

•           adult education programs, students, parents, community organizations, and businesses and industries cooperate as partners in the learning program.

4.         GED Testing

Students attending Adult Education Programs may be recommended by the site of instruction to take the General Educational Development (GED) test.

Revised:  June 2002

Ref:                  29 U.S.C. 2801 et seq.; La. Rev. Stat. Ann. §§17:14, 17:221; Louisiana Handbook for School Administrators, Bulletin 741; Louisiana State Plan for Adult Education, Louisiana Department of Education.

Policy JBA, Compulsory School Attendance Ages- Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy JBA, Compulsory School Attendance Ages, was approved.

                                    COMPULSORY SCHOOL ATTENDANCE AGES

Except as provided by law, every child in the state is required by state law to attend public or private school from the child's seventh (7th) birthday until his/her eighteenth (18th) birthday, unless the child graduates prior to his/her eighteenth (18th) birthday.  Any child below the age of seven (7) who legally enrolls in school shall also be required to attend school.  If a child in these age brackets was a resident of this parish when school opened and enters school late without having attended another public or private school or approved home study program during the current school session within or without the parish, a statement should be secured from the parents or guardian giving the reasons why the child has not been in school.  If these reasons are not satisfactory, the matter should be referred to the Supervisor of Child Welfare and Attendance, who may find it necessary to refer it to the proper court.  The only exceptions to the compulsory school attendance provisions of state law are as follows:

1.         Children mentally, physically, or emotionally incapacitated to perform school duties, and children unable to profit from further school experience, such exceptions to be certified in writing by a psychiatrist, psychologist, recognized evaluation centers or clinics, or other professionally qualified person or agency designated by the Board.

2.         Children living outside the boundaries of a city, town or municipality, more than 2½ miles from a school or suitable grade where adequate free transportation is not furnished by the Board and children living more than 1½ miles from a transfer route providing transportation furnished by the School Board to a school of suitable grade; and,

3.         Children temporarily excused from school, as follows:

(a)        Children who are ill and whose attendance in school would endanger their own health or that of their classmates, and who have a certificate of a physician licensed to practice in Louisiana verifying said illness;

(b)        Children in whose families there is serious illness which would reasonably necessitate the absence from school, if in the judgment of the Supervisor of Child Welfare and Attendance, such absence is justified, or if the illness is substantiated in writing by a licensed Louisiana physician;

(c)        Children in whose immediate family a death has occurred, such absence is not to exceed one week because of and at the time of such death; and

(d)        Children whose religious faith requires absence for the observance of a special and recognized holyday of the child's own faith.

A child between the ages of seventeen (17) and eighteen (18) may withdraw from school prior to graduation with the written consent of his/her parent or guardian.  Such consent must be submitted to the Supervisor of Child Welfare and Attendance.

The parent, tutor, or other person responsible for the school attendance of a child between the ages of sixteen (16) and eighteen (18) who is enrolled in school may request that the student be allowed to attend an alternative education program or a vocational-technical education program.

Compulsory attendance does not apply to any child who is under the age of seventeen (17) and is attending or seeking admission to a National Guard Youth Challenge Program in Louisiana.

The principal may require certificates from practicing physicians or dentists substantiating all illness.  The principal may also require written evidence from church authorities relative to requiring religious observances.

Children granted excused absences for the above reasons shall be allowed to make up any schoolwork which was missed or failed to be completed during the prescribed time. In such instances, the student's grade will not be given until the makeup work has been completed.

Revised:  August 2001

Revised:  June 2002

Ref:      La. Rev. Stat. Ann. §§17:221, 17:226; Bulletin 741, Louisiana Handbook for School Administrators, Louisiana Department of Education.

Policy IKDC, Prayer in Schools – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried,

Policy IKDC, Prayer in Schools, was approved.

                                                          PRAYER IN SCHOOLS

The Calcasieu Parish School Board shall permit school authorities of each school to allow an opportunity, at the start of each school day, for those students and teachers desiring to do so to observe a brief time in silent prayer or meditation.

Public schools shall be prohibited from adopting or using any official or standard prayer.  Voluntary, student-initiated, student-led prayer in accordance with the religious views of the student offering the prayer may be permitted, however.  No student attending the school shall be required to participate in any religious activity at school.

No law, rule or policy shall deny to any student attending a public elementary or secondary school the right to participate in voluntary, student-initiated, student-led prayer during school or on school property, before or after school or during free time.  Athletic teams shall not be prohibited from engaging in voluntary, student-initiated, student-led prayer.

No law, rule or policy shall prevent any student who attends a public elementary or secondary school and who is responsible for or presiding over a meeting of a school organization or assembly from calling upon a student volunteer to offer an inspirational quotation or statement, offer a voluntary prayer, or lead in silent meditation, at the sole option of the student volunteer.

A student organization shall not be denied recognition or any privilege or benefit solely because it is religious in nature, has a religious affiliation, or has no religious affiliation.

School officials shall be prohibited from censoring for religious content the speech of a high school student invited to speak at a commencement ceremony at the school he/she is attending.

When student volunteers are called upon to offer an inspirational quotation or statement, offer a prayer, or lead in silent meditation, such students shall be selected at random by a student from among student volunteers without respect to their individual religious beliefs or lack thereof.  No student shall be called upon to offer an inspirational quotation or statement, offer a voluntary prayer, or lead in silent meditation unless the student chosen has volunteered to do so.

Revised:  December 1995

Revised:  August 1999

Revised:  June 2002

Ref:  La. Rev. Stat. Ann. §17:2115 to 17:2115.10.

Naming the Moss Bluff Middle School Gymnasium, Coach Nolan Viator Memorial Gym – Final Action

On motion by Mrs. Duhon, seconded by Mr. Armentor and unanimously carried, naming the Moss Bluff Middle School Gymnasium, Coach Nolan Viator Memorial Gym, was approved.

Agreement to Purchase Property Located on Highway 14 – Adjacent to Fairview Elementary School

On motion by Mr. Victorian, seconded by Mrs. Duhon and unanimously carried, the agreement to purchase property located on Highway 14, which is adjacent to Fairview Elementary School was approved.

Agreement to Purchase Property Located at 2322 Medora Street – Adjacent to Ray D. Molo Middle School

On motion by Mrs. LaVergne, seconded by Mrs. Duhon and unanimously carried, the agreement to purchase property located at 2322 Medora Street, Lake Charles, Louisiana, which is adjacent to Ray D. Molo Middle School was approved.

Agreement to Purchase Property Located at Medora Street (Old George Theriot Store) – Adjacent to Ray D. Molo Middle School

On motion by Mrs. LaVergne, seconded by Mrs. Duhon and unanimously carried, the agreement to purchase property located at Medora Street (old George Theriot’s store), which is adjacent to Ray D. Molo Middle School was approved.

Mrs. Duplechin and Mr. Robert left the meeting.

Cooperative Endeavor Agreement with the Calcasieu Parish Sheriff’s Department – Safe School Program

Mr. Victorian made a motion that was seconded by Mr. Armentor to approve the Cooperative Endeavor Agreement with the Calcasieu Parish Sheriff’s Department involving the Safe School Program.

After review and discussion regarding the financial information and the number of officers that would be assigned, Mr. Blackwell made a substitute motion, seconded by Mr. Andrepont, to postpone action until the next meeting and requesting that a representative from the Sheriff’s Department attend in order to explain certain details regarding the agreement.  The motion carried.

Education Excellence Funds (Tobacco Settlement)

Information was reviewed relative to the Education Excellence Fund and a copy of the Attorney General’s Opinion on the issue.  It was reported that the Louisiana Attorney General’s Office has proclaimed that the state school districts will be prohibited to draw the Education Excellence Fund with intentions to invest monies in a trust fund.  The State indicated that the school system has the option to allow the Treasurer to invest the monies on our behalf or leave the funds in the current account that is controlled by the State.

Mr. Duhon stated that he has contacted the state delegates and they are willing to work with the school system in attempts to change legislation to allow the EEF funds to be invested in a trust locally. 

After discussion, Mr. Andrepont made a motion, seconded by Mr. Pitre, to leave the money with the State as it currently stands pending further legislation action.

The motion carried.

BID REPORTS

Five (5) Acre Grazing Lease Located on Black Bayou

The following bid was received:

Bidder                                                 Amount                                                          

David Rogers                                       $120 per year

On motion by Mr. Doucet, seconded by Mr. Victorian and unanimously carried, the bid was awarded to David Rogers for a five year grazing lease located on Black Bayou in the amount of $120.00 per year.

Library Books, General Funds, Renewal Bid Number RENL2003-23

On motion by Mr. Doucet, seconded by Mrs. Duhon and unanimously carried, the renewal contract with Baker and Taylor, renewal bid number 2002-23, to supply library books to the school libraries for one year was approved.

PERMISSION TO ADVERTISE

Barbe High School Stadium Renovations and Field House, School District Number 34 Bond Funds, C. Gayle Zembower, Architect, Inc.

On motion by Mr. Pitre, seconded by Mr. Tarver and unanimously carried, permission to advertise for the Barbe High School stadium renovations and field house school district number 34 bond funds was approved.

CORRESPONDENCE

Change Order Number One for the Project “Chiller/Boiler Replacements – Various Schools”

On motion by Mr. Victorian, seconded by Mr. Andrepont and unanimously carried, change order number one for the project “Chiller/Boiler Replacements – Various School,” for an increase of $8,885.00 QZAB funds and an extension of thirty-two (32) days, Associated Design Group, designer; A. K. Newlin, Inc., contractor, was approved.

SUPERINTENDENT'S REPORT

Recommended Board Meeting Dates

Tuesday, November 19, 2002

Tuesday, December 10, 2002

Tuesday, January 14, 2002

By general consent of the board, the recommended board dates were approved.

Educational Theatre Association

Kerry A. Onxley; Artistic Director of THE CHILDREN’S THEATRE DEPARTMENT was elected Louisiana State Director of the Educational Theatre Association (EdTA).  Mr. Onxley was elected unopposed and is serving his 4^th consecutive term.  Because of EdTA term limits, this will be Mr. Onxley’s final term.  During his nine-year tenure, the organization has doubled in membership and increased college scholarship monies for thespians across the state by 70%.  Additionally, the annual thespian state conference has almost tripled in attendance making it one of the most attended thespian conferences in the south.  Congratulations to Kerry Onxley.

Grant Recipients

Ethel Mitchell, teacher at the Calcasieu P. M. School and Washington/Marion High School, was selected as a recipient of a 2002-2003 Heritage Education Mini Grant in the amount of $2,500.00.  This mini grant is funded from the National Parks Service Historic Preservation Fund.

Dr. Dan Vidrine and the Art Department will receive $2,000.00 from the Arts and Humanities Council of Southwest Louisiana and the Southwest Louisiana/Lake Charles Convention and Visitors Bureau for the Tourism Marketing Initiative Grant Program titled “Southwest Louisiana A-Z.”

ANNOUNCEMENTS AND REQUESTS

Mr. Duhon requested that the Employee Benefit Committee meet on Thursday, October 10, 2002.  He requested that the Administration and Personnel Committee address the issue of sub contractor licensure and bonding.

Mr. Andrepont stated he shared the sentiments relative to the sub contractor licensure and bonding.  He stated that Mr. Spruel reported to him that he is investigating the matter.  Mr. Andrepont requested that bus mechanics receive proper training on the new buses and maintain ongoing educational updates and information regarding bus maintenance.  He also requested that transportation check on parts and tools to be sure they are of good quality.

Mr. Victorian extended his appreciation for the cards and flowers that were sent to him and his family on the loss of his mother.

Mrs. Duhon reminded the members that the political forums are scheduled for 6:00 p.m. on Wednesday and Thursday at 6:00 p.m. at City Hall.

Mr. Tarver requested a clarification of administrative procedures relative to the Medicaid administrative claiming process.  Mr. Bruchhaus noted that the time analysis is based on one time study per quarter per week.  As a result of this, it was reported that the possible recovery of money was estimated to be $500,000.00 to $600,000.00 per year.  Mr. Tarver requested information on who is required to serve on the DAT Team.  Mr. Miller stated accountability change is a system-wide endeavor that requires all personnel from the various central office departments to serve on the DAT Team.

Ms. LaVergne requested a letter of congratulations to Coach Henry, Washington/Marion High School girls’ basketball head coach, commending him and Washington/Marion for being nationally recognized due to the selection of Tena Matthews as the Louisiana delegate to attend the National Basketball Tournament in Hawaii.  Also, send a letter of condolence to Annie Mouton on the loss of her mother.

Mr. Andrepont requested a letter of condolence to be sent to the Beverly Lyons family.  Ms. Lyons was a bus driver.

SCHEDULE STANDING COMMITTEE MEETINGS

Employee Benefit Committee – Thursday, October 10, 2002, 4:45 p.m.

EXECUTIVE SESSION

On motion by Mr. Doucet, seconded by Mr. Pitre, and unanimously carried, the Board went into Executive Session at 8:30 p.m. to discuss personnel matters.  The Board resumed regular open session at 8:45 p.m

TAKE APPROPRIATE ACTION

Personnel

On motion by Mr. Andrepont, seconded by Ms. LaVergne and unanimously carried, the following personnel changes were approved as recommended by the Superintendent:

Resignations

Brenda Doucette, Teacher, J. D. Clifton Elementary School, effective September 3, 2002, Jonathan Smith, Custodian, Calcasieu Resource Center, effective September 12, 2002, Sarah Edens, Teacher, Pearl Watson Elementary School, effective August 30, 2002, Linda Matte, Cafeteria Technician/Site Director, Gillis Elementary, effective September 7, 2002, Teri Johnson, Teacher, Maplewood Middle School, effective August 9, 2002, Ray LeBouef, Custodian, Vinton High School, effective September 13, 2002, Judy Wilcox, Teacher, Vincent Settlement Elementary School, effective September 13, 2002, Melissa Trahan, Custodian, Vinton Middle School, Paula Mitchell, Clerk/Bookkeeper, t. H. Watkins Elementary School, effective September 16, 2002.

Maternity Leave

Marianne Rodriquez, Teacher, Henry Heights Elementary School, beginning January 7, 2003, until February 18, 2003, Dina Pierson, Teacher, Bell City High School, beginning December 2, 2002, until January 27, 2003, Kimberly Trahan, Teacher, Frasch Elementary School, beginning august 26, 2002, until January 6, 2003, Kristi Robinson, Teacher, LaGrange High School, beginning October 14, 2002, until December 2, 2002, Renee Guillory, Teacher, Leblanc Middle School, beginning October 7, 2002, December 23, 2002, Christine Bertrand, Teacher, S. P. Arnett Middle School, beginning October 3, 2002, until November 15, 2002, Angela Hantz, Teacher, Frasch Elementary School, beginning November 4, 2002, until December 20, 2002.

Leave Without Pay

Horace Jones, Janitor, J. F. Kennedy Elementary School, beginning September 13, 2002, until July 31, 2003, Kristi Tyree, Teacher, Sulphur High School, beginning September 23, 2002, until January 10, 2003.

Rescind Leave Without Pay

Shannon Ardoin, Cafeteria Technician, Gillis Elementary School, leave without pay be rescinded and she continue to work.

Professional Leave

Karen Peet, Music Teacher, Gillis Elementary School, professional development for the spring semester of the 2002-2003 school session.

Medical Sabbatical

Deridre Simien, Reading Teacher, J. I. Watson Middle School, 2002-2003 school session, Linda Prather, Teacher, J. I. Watson Middle School, 2002-2003 school session.

Recommendations

On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried, Harold Heath was named Construction Project Manager.

Meeting Adjourned

On motion by Mr. Duhon seconded by Mr. Andrepont and unanimously carried, the meeting was adjourned at 9:00 p.m.

/s/Jude W. Theriot                                                        /s/John M. Falgout                               

Jude W. Theriot, Secretary                                                       John M. Falgout, President