I. Call to Order, I-1 II. Pledge of Allegiance, II-12009/06/25  · Hudson, Steve Percival and Becky...

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Board of Education Thursday, June 25, 2009, 5:00 PM Adams Leadership Center, Winborn Conference Room Agenda Item Page # I. Call to Order, Susan Heil, President I-1 II. Pledge of Allegiance, Butterfield Trail Elementary School II-1 III. Roll Call of Members III-1 IV. Recognition of People, Events, & Programs IV-1 V. Citizen Participation V-1 VI. Consent Agenda A. Reading of the Minutes VI-A1 B. Certified Staff Changes VI-B1 C. Support Staff Changes VI-C1 D. Student Transfers VI-D1 *Any item shall be removed from the consent items section at the request of one board member. VII. Action Items A. High School Site Plan Selection – Dick Johnson B. Resolution & 2010-11 Proposed Budget of Expenditures – L. Morstad C. Ratify 2 nd Lien Bonds – Lisa Morstad VII-A1 VII-B1 VII-C1 D. Bond Refunding – Lisa Morstad VII-D1 E. 2009-10 Proposed Budget – Lisa Morstad VII-E1 F. Certified & Classified Policy Changes– Greg Mones VII-F1 G. Elementary & Secondary Student/Parent Handbook – Tom Triplett VII-G1 H. Ratify Soft Drink Contract – Dick Johnson VII-H1 I. McKinney-Vento Grant Application – Linda Auman VII-I1 J. Jefferson Community Garden Lease – Dick Johnson VII-J1 VIII. Information Items A. Remote Board Participation – Alan Wilbourn VIII-A1 B. Proposed Millage Campaign Structure – Susan Heil VIII-B1 C. New Superintendent Goals – Steve Percival VIII-C1 IX. Adjournment IX-1

Transcript of I. Call to Order, I-1 II. Pledge of Allegiance, II-12009/06/25  · Hudson, Steve Percival and Becky...

Page 1: I. Call to Order, I-1 II. Pledge of Allegiance, II-12009/06/25  · Hudson, Steve Percival and Becky Purcell wee present. Recognition Matt Saferite, Ramay Junior High principal, received

Board of Education

Thursday, June 25, 2009, 5:00 PM Adams Leadership Center, Winborn Conference Room

Agenda Item Page #

I. Call to Order, Susan Heil, President I-1

II. Pledge of Allegiance, Butterfield Trail Elementary School II-1

III. Roll Call of Members III-1

IV. Recognition of People, Events, & Programs IV-1

V. Citizen Participation V-1

VI. Consent Agenda A. Reading of the Minutes VI-A1 B. Certified Staff Changes VI-B1 C. Support Staff Changes VI-C1 D. Student Transfers VI-D1 *Any item shall be removed from the consent items section at the request of one board

member.

VII. Action Items A. High School Site Plan Selection – Dick Johnson

B. Resolution & 2010-11 Proposed Budget of Expenditures – L. Morstad C. Ratify 2nd Lien Bonds – Lisa Morstad

VII-A1 VII-B1 VII-C1

D. Bond Refunding – Lisa Morstad VII-D1 E. 2009-10 Proposed Budget – Lisa Morstad VII-E1 F. Certified & Classified Policy Changes– Greg Mones VII-F1 G. Elementary & Secondary Student/Parent Handbook – Tom Triplett VII-G1 H. Ratify Soft Drink Contract – Dick Johnson VII-H1 I. McKinney-Vento Grant Application – Linda Auman VII-I1 J. Jefferson Community Garden Lease – Dick Johnson VII-J1

VIII. Information Items A. Remote Board Participation – Alan Wilbourn VIII-A1 B. Proposed Millage Campaign Structure – Susan Heil VIII-B1 C. New Superintendent Goals – Steve Percival VIII-C1

IX. Adjournment IX-1

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June 25, 2009

Roll Call

Susan Heil, President Tim Hudson, Vice President

Tim Kring, Secretary Jim Halsell, Member

Howard Hamilton, Member Steve Percival, Member Becky Purcell, Member

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Fayetteville Board of Education Minutes of the May 28, 2009 Regular Meeting

The meeting convened at 5:00pm in the Adams Leadership Center with President Susan Heil presiding. The Pledge of Allegiance was led by students from Washington Elementary School. Roll Call The roll was called and board members Jim Halsell, Howard Hamilton, Tim Kring, Susan Heil, Tim Hudson, Steve Percival and Becky Purcell wee present. Recognition Matt Saferite, Ramay Junior High principal, received a Recognition of Outstanding Achievement award for being named the 2009 Arkansas Secondary School Principal of the year by the Arkansas Association of Secondary School Principals. Geniece Yates, Fayetteville High School journalism teacher, received a Recognition of Outstanding Achievement Award for being named the 2009 Advisor of the Year by the Arkansas Scholastic Press Association. Mac Macauley, technology integration specialist at Fayetteville High School, received an Above & Beyond Award. Consent Agenda Steve Percival made a motion to approve the consent agenda. Tim Hudson seconded the motion, which was approved by a 7-0 vote. Millage Election Dr. Bobby New, superintendent, introduced administrative staff members who presented information regarding questions that were raised at the May 13 board workshop. Dick Johnson, assistant superintendent, reported that the traffic engineering firm of Peters and Associates will conduct a traffic study to address the issues of closing Stone Street, the impact of adding the 9th grade population and make a recommendation for traffic management for the new high school campus. Mr. Johnson also reported that the district has received support from the City of Fayetteville and the University of Arkansas for the closing of Stone Street. The closure will start when the school design process begins and should take 60-90 days to complete. Wes Burgess from Crafton, Tull & Sparks reported that active construction areas will be surrounded by 6’ fences and future parking areas will be used for storage, as well as off campus sites. He also discussed options for materials staging. Ginny Wiseman, associate superintendent, reported on the past and current work being done regarding small learning communities. Ms. Wiseman also noted that the average student/teacher ratio at the high school is 17

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May 28, 2009 Board Minutes Page 2 to 1 and, barring any unforeseen circumstances, it should remain at that number. Dr. Lisa Morstad, chief financial officer, discussed debt wrapping and its effect on the millage. Ms. Susan Norton, chief information officer, noted that the mayor has indicated that the City of Fayetteville is not going to raise their millage in 2010. Tim Kring made a motion that the Fayetteville Board of Education place a millage rate increase on the September 2009 annual school election ballot for constructing and equipping new facilities and the renovation of existing facilities, including, but not limited to, a new high school. Tim Hudson seconded the motion, which passed by a 6-1 vote with Becky Purcell abstaining. School Calendar Policy The Board voted 7-0 to approve the School Calendar Policy that was presented at the April board meeting. Howard Hamilton made the motion, which was seconded by Tim Kring. Bus Purchases The Board voted 7-0 to purchase two 47-passenger lift special needs buses and two 71-passenger route buses. Tommy Davenport, director of transportation, noted that the purchases are part of the cyclic purchases of the bus fleet and that the funds are included in the transportation budget. Howard Hamilton made the motion, which was seconded by Steve Percival. Bond Refunding The Board voted 7-0 to approve the refunding of Series 2004 bonds. Dr. Morstad noted that the district will realize a net savings of $374,000 as a result of the refunding process. Becky Purcell made the motion, which was seconded by Howard Hamilton. Stimulus Funding Information The Board voted 7-0 to approve the proposed budget for stimulus funds. Dr. Lisa Morstad and Linda Auman presented an overview of the budget, which includes $1,719,329 for Title VI-B (IDEA), $1,489,738 for Title I and $5,110,074 for the construction of a new Happy Hollow Elementary School. Dr. Morstad added that the district is required to spend the money within a two year time frame. Steve Percival made the motion, which was seconded by Becky Purcell. New Superintendent Goals Board member Steve Percival presented information regarding the progress made toward establishing goals for the new superintendent. The Board will approve the final document in July.

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May 28, 2009 Board Minutes Page 3 Certified & Classified Policy Changes Greg Mones, director of human resources, presented changes to Policies 4141.2 (Stipend Schedule), 4150 (Certified Leave Policy), 4243 (Classified Leave Policy), 4115 (Transfer Policy), and 4119 (RIF Policy). All proposed changes have been approved by the classified and certified PPC’s. The Board will be asked to vote on the changes at the June meeting. Executive Session The Board adjourned to executive session at 6:50pm to consider an employment matter. The Board returned to open session at 7:05pm. Dr. Bobby New recommended Kristen Scanlon for the position of principal at Owl Creek School effective July 1, 2009. Steve Percival made the motion to accept the recommendation to hire Kristen Scanlon as principal of Owl Creek School effective July 1, 2009. Becky Purcell seconded the motion, which passed by a 6-0 vote. Dr. Bobby New recommended Rhonda Moore for the position of principal at Root Elementary School effective July 1, 2009. Tim Hudson made the motion to accept the recommendation to hire Rhonda Moore as principal at Root Elementary effective July 1, 2009. Jim Halsell seconded the motion, which passed by a 6-0 vote. Adjournment The meeting was adjourned at 7:07pm ___________________________________ _________________________________ Susan W. Heil, President Tim Kring, Secretary

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Fayetteville Board of Education Minutes of the June 16, 2009 Special Workshop

The meeting was called to order at 11:00am in the Adams Leadership Center with President Susan Heil presiding. Board members Tim Hudson, Steve Percival, Susan Heil, Howard Hamilton and Jim Halsell were present. Board members Tim Kring and Becky Purcell were absent. Site Plan Discussion Dick Johnson, assistant superintendent, reported that district staff members have met with representatives from the University of Arkansas, the City of Fayetteville and other school district to discuss issues relating to the construction of the new high school. Wes Burgess from Crafton, Tull & Sparks presented information regarding the proposed master plans for the new high school. Master Plan #2 incorporates all new construction (with the exception of the two gyms) and learning space. Master Plan #3 has two learning spaces housed in the 1991 addition of the high school facility. David Swearingen reported on the condition of the 1991 addition at Fayetteville High School. Millage Amount Discussion Dr. Lisa Morstad, chief financial officer, presented a millage impact analysis which included costs per year to the average taxpayer and the projected funds generated associated with millage increase amounts. She also reported that the proposed projects that would be funded by $10 million second lien bonds include Happy Hollow construction, district capital projects, technology replacements and district reserves. Board president Susan Heil stated that the board will vote on the millage amount at the June board meeting. Ms. Heil will also make a recommendation regarding the structure of the millage committee at the June meeting. Board Member Request for Absentee Participation The board voted 5-0 to deny the request by board member Becky Purcell to allow remote participate in the June 25th board meeting. Tim Hudson made the motion, which was seconded by Howard Hamilton. The meeting was adjourned at 12:32pm. ________________________________ _____________________________________ Susan W. Heil, President Tim Kring, Secretary

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June 25, 2009

Certified Staff Changes

TO: Board of Education FROM: Bobby New, Superintendent I recommend approval of the following personnel actions: Resignations Name Position & Assignment Effective Date Mary E. Gibbs Speech Lang Path/Vandergriff 06/04/09 Brenda Burrows Teacher/Happy Hollow 06/04/09 Callie Granderson Teacher/Holt, McNair/Owl Creek 06/04/09 Contract Renewals Name Position & Assignment Period Debra Pyle-Fox Teacher/Happy Hollow 09-10 David F.Young School Building Administrator/FHS 09-10 Matthew Saferite School Building Administrator/Ramay 09-10 Richard Campbell Teacher/Woodland 09-10 Lana Clark Adult Ed Teacher/Adult Ed 09-10 Janette Cooper Sp. Ed Teacher/Root 09-10 Carold DeGier Teacher/Ramay 09-10 Linda Erwin Teacher/Ramay 09-10 Sylvia Geddes Adult Ed Asst & Teacher/Adult Ed 09-10 Melissa Harrell Sp. Ed Teacher/Asbell 09-10 Janette Harris Media Specialist/Asbell 09-10 Nikki Kalcevic Teacher/Ramay 09-10 Randa Keeley Sp. Ed Teacher/Ramay 09-10 Andrea Kitchen Teacher/Asbell 09-10 Paul Kristensen Teacher/FHS 09-10 Erin Long Adult Ed Teacher/Adult Ed 09-10 Gregory Matthews Teacher/Adult Ed 09-10 Debbie Smith Adult Ed Asst & Teacher/Adult Ed 09-10 Kathleen Spigarelli Director of Adult Ed/Adult Ed 09-10 Alica Whitaker ESL Teacher/Asbell & Happy Hollow 09-10 Thomas Whitaker Sp. Ed Teacher/Asbell & Root 09-10 1Pending Completion of a criminal background check and receipt of eligibility information from the Department of Education

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2One year only 3Year 1 of 1 year new hire probationary period per statute 6-17-1502 4Year 1 of 3 year new hire probationary period per statute 6-17-1502 5Year 2 of 3 year new hire probationary period per statute 6-17-1502 6Year 3 of 3 year new hire probationary period per statute 6-17-1502 7Per policy 4150 8Contingent upon receipt of Arkansas Teaching Licensure 9One year contract contingent on grant funding 10Contingent upon acceptance in ALP program 11One year contract contingent upon waiver approval 12Contingent upon receipt of ABESBA License

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June 25, 2009

Support Staff Changes

TO: Board of Education FROM: Bobby New, Superintendent I recommend approval of the following personnel actions: Provisional Employment 1, 2 Name Position & Assignment Replacement/New Position Period Cheryl Story ESL Instructional Aide/Leverett Replacement 09-10 Brandy Bembry Accountant/Central Office New 09-10 Jeff Clayton Custodian/Vandergriff Replacement 09-10 Michael Morris Special Ed Instructional Asst/McNair Replacement 09-10 Alison Knox School Nurse/McNair Replacement 09-10 Resignations Name Position & Assignment Effective Date Eugene Franks Bus Aide/Transportation 06/04/09 Larry McCawley Bus Aide/Transportation 06/04/09 Carolyn Gilbrech Library Aide/Butterfield 06/04/09 Connie Newberry Food Service Tech/Asbell 06/12/09 Nancy Hyslip ESL Instructional Aide/Leverett 06/04/09 Jessica West Crossing Guard/Butterfield 06/04/09 Gayle Howard Nurse/FHS 06/04/09 Cheryl Story Special Ed Instructional Asst/Leverett 06/04/09 William Omohundro Warehouse Asst/Warehouse 06/30/09 Janet Harrelson Administrative Assistant/FHS 06/30/09 Linda Parnell Library Aide/Ramay 06/04/09 Jeff Clayton Custodian/District 05/31/09 Claire Martin Special Ed Instructional Asst/McNair 06/04/09 Michael Morris Special Ed Instructional Asst/McNair 06/04/09 Jean Henry Title I Aide & Lunch Aide/Holcomb 06/04/09 Celeste Guile Bus Driver/Transportation 06/04/09 Harold Early ISS Supervisor/Woodland 06/04/09 Brady Carman Cafeteria Monitor/Root 06/04/09

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Doris Piguet Custodian/Root 06/30/09 Contract Renewals Name Position & Assignment Period Janis Bates Adult Teacher/Adult Ed 09-10 Tjwana Dombek Adult Ed Parapro/Adult Ed 09-10 Brenda Kirkland Alternate GED Tester/Adult Ed 09-10 Deborah Pennington Admin Assist/Adult Ed 09-10 1Pending completion of a criminal background check and receipt of eligibility information from the Department of Education 2One Year Probationary Period 3Based on Student Count 4Grant Funded 5One Year Only 6Contract for the remainder of 08-09

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June 25, 2009

Student Transfers

TO: Board of Education FROM: Bobby C. New I recommend approval of the following student transfer requests:

Incoming: Barbara Davis requests that her child Matthew Davis, grade 8, be transferred from the

Farmington School District to the Fayetteville School District.

Rachael Alvarenga requests that her children Emma Mondragon, grade 4, and Rebecca M. Mondragon, grade 2, be transferred from the Farmington School District to the Fayetteville School District

Colleen Wood requests that her child Aiden Wood, kindergarten, be transferred from the Springdale School District to the Fayetteville School District

Boyd Whitlock requests that his child Boyd Whitlock, kindergarten, be transferred from the Springdale School District to the Fayetteville School District

Susan McCarthy requests that her child John Michael McCarthy, kindergarten, be transferred from the West Fork School District to the Fayetteville School District

Tina King requests that her child Augusta Kay King, kindergarten, be transferred from the Farmington School District to the Fayetteville School District

Outgoing: Mari Drake requests that her child, Destiny Deshields, grade 8, be transferred from the

Fayetteville School District to the Elkins School District.

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June 25, 2009

High School Site Plan Selection

TO: Board of Education FROM: Dick Johnson Staff will present information differentiating the three site plans for the new high school and make a recommendation as to the plan that would best fit our 21C high school vision.

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June 25, 2009

Resolution & 2010-11 Proposed Budget of Expenditures

TO: Board of Education FROM: Lisa Morstad I will ask the Board to vote on the resolution and proposed budget of expenditures for 2010-11 which corresponds with the Fayetteville High School master plan option selected by the Board.

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Stephens Inc.

Dennis R. Hunt Senior Vice President and Manager

3425 North Futrall Drive Suite 201 Fayetteville, Arkansas 72703 479-718-7400 Fax 479-718-7490 800-205-8613 stephens.com

[email protected]

June 11, 2009

Dr. Bobby New Superintendent Fayetteville School District P.O. Box 849 Fayetteville, AR 72701 RE: Proposed Budget of Expenditures – New High School Project Dear Dr. New: In response to your request, we have prepared and attached three versions of a Proposed Budget of Expenditures for consideration by the Fayetteville School Board in connection with presenting a financing plan for consideration by the Fayetteville School District’s voters on September 15th, 2009. A summary of the Budgets is outlined below.

Option Millage Increase Project Funds

Budget Maximum Bond Issuance

Amount 1 4.6 Mills $105,000,000 $107,625,000 2 4.9 Mills $113,000,000 $115,825,000 3 5.5 Mills $128,000,000 $131,200,000

In order for the School Board to present a millage question to the voters at the September 15th, 2009 annual election one of these Budgets will need to be approved by the adoption of the attached resolution and published no later than 60 days in advance of the election. If you have any questions concerning any of the Budgets, please feel free to contact me.

Sincerely,

Dennis Hunt

Cc: Dr. Lisa Morstad

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RESOLUTION

BE IT RESOLVED by the Board of Directors of Fayetteville School District No. 1 of Washington County, Arkansas that:

1. The Board adopts as the proposed budget for the fiscal year commencing July 1, 2010, that budget attached hereto; and the President and Secretary are directed to publish the proposed budget one time not later than sixty (60) days prior to the election date in a newspaper published in the county in which the District is administered.

2. The Secretary is authorized and directed to request the County Board of Election Commissioners to prepare the ballot and submit the question of a total school tax as described in the budget and to conduct and hold the annual school election as provided by law.

3. The Board retains Stephens Inc. as fiscal agent for the District in connection with the sale and issuance of the proposed Bonds and authorizes Stephens Inc. to submit a competitive bid in connection with the public sale of the Bonds.

4. The Secretary of the Board is authorized and directed to publish notice of the election and to publish notice of the polling places for the election, as required by law.

5. The Superintendent of Schools is authorized to offer the proposed bond issue described in the budget for public sale.

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CERTIFICATE

I, the undersigned, Secretary of the Board of Directors

of the above District, certify the foregoing to be a true copy of a resolution duly adopted by the Board at a __________ (regular or special) meeting of the Board held on the ____ day of ___________, 2009. The resolution appears in the official minutes of the meeting which are in my custody. At the time of the meeting the duly elected (or appointed), qualified and serving members of the Board and their respective votes on the adoption of the resolution were as follows:

Vote Director (Aye, Nay, Abstain or Absent)

______________________________ _____________________________

______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________

I further certify that the meeting of the Board was duly convened and held in all respects according to law; that to the extent required by law due and proper notice of the meeting was given to the members of the Board and to the public; that the meeting was open to the public; that a legal quorum was present throughout the meeting; that all other requirements and proceedings under the law incident to the proper adoption and passage of the resolution have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate.

CERTIFIED under my hand and the seal of the District this _____ day of ______________, 2009.

_____________________________ Secretary

(SEAL)

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OPTION 1

PROPOSED BUDGET OF EXPENDITURES WITH TAX LEVY FOR FISCAL YEAR BEGINNING JULY 1, 2010 TO AND INCLUDING JUNE 30, 2011

The Board of Directors of Fayetteville School District

No. 1 of Washington County, Arkansas, in compliance with the requirements of Amendments No. 40 and No. 74 to the Constitution of the State of Arkansas and of Ark. Code Ann. § 6-13-622 (2007 Supp.), has prepared, approved and hereby makes public the proposed budget of expenditures, together with the tax rate, as follows:

1. Salary Fund Expenditures $_38,735,510.08

2. Instructional Expense $_17,969,366.52

3. Maintenance & Operation Expense $_ 8,150,941.37

4. Dedicated Maintenance and Operation Expenditures $__ ____-0-

5. Pupil Transportation Expense $_ 3,065,232.39

6. Other Operating Expense $__3,732,434.28

7. Non-Bonded Debt Payment $______ _-0-

8. Bonded Debt Payment $_ _11,500,000

9. Building Fund Expense $_ _35,000,000

To provide for the foregoing proposed budget of

expenditures, the Board of Directors proposes a total school tax rate (state and local) of 47.5 mills on the dollar of the assessed value of taxable property located in this School District. The proposed tax includes the uniform rate of tax of 25.0 mills (the "Statewide Uniform Rate") to be collected on all taxable property in the State and remitted to the State Treasurer pursuant to Amendment No. 74 to the Arkansas Constitution to be used solely for maintenance and operation of schools in the State. As provided in Amendment No. 74, the Statewide Uniform Rate replaces a portion of the existing rate of tax levied by this School District and available for maintenance and operation of schools in this District. The total proposed school tax levy 47.5 mills includes 25.0 mills specifically voted for general maintenance and operation, 17.9 mills voted for debt service previously voted as a continuing levy pledged for the retirement of existing bonded indebtedness, and 4.6 new debt service mills. The 4.6 new debt service mills plus the 17.9 existing debt service mills, which debt service mills will continue after the retirement of the bonds to which now pledged, will be a continuing debt service tax until the

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OPTION 1

retirement of proposed bonds to be issued in the principal amount of $107,625,000 and which will mature over a period of 35 years and will be issued for the purpose of erecting and equipping school facilities, and making additions and improvements to existing facilities. The surplus revenues produced each year by debt service millage may be used by the District for other school purposes.

The total proposed school tax levy of 47.5 mills represents a 4.6 mill increase over the current tax rate.

GIVEN this ________ day of __________, 2009.

BOARD OF DIRECTORS OF FAYETTEVILLE SCHOOL DISTRICT NO. 1 OF WASHINGTON COUNTY, ARKANSAS

President of Board

Secretary of Board

INSTRUCTIONS: After its adoption, publish budget one time in a newspaper published in Washington County, not later than sixty days prior to the election date.

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OPTION 2

PROPOSED BUDGET OF EXPENDITURES WITH TAX LEVY FOR FISCAL YEAR BEGINNING JULY 1, 2010 TO AND INCLUDING JUNE 30, 2011

The Board of Directors of Fayetteville School District

No. 1 of Washington County, Arkansas, in compliance with the requirements of Amendments No. 40 and No. 74 to the Constitution of the State of Arkansas and of Ark. Code Ann. § 6-13-622 (2007 Supp.), has prepared, approved and hereby makes public the proposed budget of expenditures, together with the tax rate, as follows:

1. Salary Fund Expenditures $_38,735,510.08

2. Instructional Expense $_17,969,366.52

3. Maintenance & Operation Expense $_ 8,150,941.37

4. Dedicated Maintenance and Operation Expenditures $__ ____-0-

5. Pupil Transportation Expense $_ 3,065,232.39

6. Other Operating Expense $__3,732,434.28

7. Non-Bonded Debt Payment $______ _-0-

8. Bonded Debt Payment $__ 11,900,000

9. Building Fund Expense $_ _35,000,000

To provide for the foregoing proposed budget of

expenditures, the Board of Directors proposes a total school tax rate (state and local) of 47.8 mills on the dollar of the assessed value of taxable property located in this School District. The proposed tax includes the uniform rate of tax of 25.0 mills (the "Statewide Uniform Rate") to be collected on all taxable property in the State and remitted to the State Treasurer pursuant to Amendment No. 74 to the Arkansas Constitution to be used solely for maintenance and operation of schools in the State. As provided in Amendment No. 74, the Statewide Uniform Rate replaces a portion of the existing rate of tax levied by this School District and available for maintenance and operation of schools in this District. The total proposed school tax levy 47.8 mills includes 25.0 mills specifically voted for general maintenance and operation, 17.9 mills voted for debt service previously voted as a continuing levy pledged for the retirement of existing bonded indebtedness, and 4.9 new debt service mills. The 4.9 new debt service mills plus the 17.9 existing debt service mills, which debt service mills will continue after the retirement of the bonds to which now pledged, will be a continuing debt service tax until the

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OPTION 2

retirement of proposed bonds to be issued in the principal amount of $115,825,000 and which will mature over a period of 35 years and will be issued for the purpose of erecting and equipping school facilities, and making additions and improvements to existing facilities. The surplus revenues produced each year by debt service millage may be used by the District for other school purposes.

The total proposed school tax levy of 47.8 mills represents a 4.9 mill increase over the current tax rate.

GIVEN this ________ day of __________, 2009.

BOARD OF DIRECTORS OF FAYETTEVILLE SCHOOL DISTRICT NO. 1 OF WASHINGTON COUNTY, ARKANSAS

President of Board

Secretary of Board

INSTRUCTIONS: After its adoption, publish budget one time in a newspaper published in Washington County, not later than sixty days prior to the election date.

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Option 3

PROPOSED BUDGET OF EXPENDITURES WITH TAX LEVY FOR FISCAL YEAR BEGINNING JULY 1, 2010 TO AND INCLUDING JUNE 30, 2011

The Board of Directors of Fayetteville School District

No. 1 of Washington County, Arkansas, in compliance with the requirements of Amendments No. 40 and No. 74 to the Constitution of the State of Arkansas and of Ark. Code Ann. § 6-13-622 (2007 Supp.), has prepared, approved and hereby makes public the proposed budget of expenditures, together with the tax rate, as follows:

1. Salary Fund Expenditures $_38,735,510.08

2. Instructional Expense $_17,969,366.52

3. Maintenance & Operation Expense $_ 8,150,941.37

4. Dedicated Maintenance and Operation Expenditures $__ ____-0-

5. Pupil Transportation Expense $_ 3,065,232.39

6. Other Operating Expense $__3,732,434.28

7. Non-Bonded Debt Payment $______ _-0-

8. Bonded Debt Payment $_ _12,700,000

9. Building Fund Expense $_ _35,000,000

To provide for the foregoing proposed budget of

expenditures, the Board of Directors proposes a total school tax rate (state and local) of 48.4 mills on the dollar of the assessed value of taxable property located in this School District. The proposed tax includes the uniform rate of tax of 25.0 mills (the "Statewide Uniform Rate") to be collected on all taxable property in the State and remitted to the State Treasurer pursuant to Amendment No. 74 to the Arkansas Constitution to be used solely for maintenance and operation of schools in the State. As provided in Amendment No. 74, the Statewide Uniform Rate replaces a portion of the existing rate of tax levied by this School District and available for maintenance and operation of schools in this District. The total proposed school tax levy 48.4 mills includes 25.0 mills specifically voted for general maintenance and operation, 17.9 mills voted for debt service previously voted as a continuing levy pledged for the retirement of existing bonded indebtedness, and 5.5 new debt service mills. The 5.5 new debt service mills plus the 17.9 existing debt service mills, which debt service mills will continue after the retirement of the bonds to which now pledged, will be a continuing debt service tax until the

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Option 3

retirement of proposed bonds to be issued in the principal amount of $131,200,000 and which will mature over a period of 35 years and will be issued for the purpose of erecting and equipping school facilities, and making additions and improvements to existing facilities. The surplus revenues produced each year by debt service millage may be used by the District for other school purposes.

The total proposed school tax levy of 48.4 mills represents a 5.5 mill increase over the current tax rate.

GIVEN this ________ day of __________, 2009.

BOARD OF DIRECTORS OF FAYETTEVILLE SCHOOL DISTRICT NO. 1 OF WASHINGTON COUNTY, ARKANSAS

President of Board

Secretary of Board

INSTRUCTIONS: After its adoption, publish budget one time in a newspaper published in Washington County, not later than sixty days prior to the election date.

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June 25, 2009

Ratify 2nd Lien Bonds

TO: Board of Education FROM: Lisa Morstad I will ask the Board to ratify the bids received for $10,000,000 in 2nd lien bonds.

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Stephens Inc.

Dennis R. Hunt Senior Vice President and Manager

3425 North Futrall Drive Suite 201 Fayetteville, Arkansas 72703 479-718-7400 Fax 479-718-7490 800-205-8613 stephens.com

[email protected]

June 11, 2009

Dr. Bobby New Superintendent Fayetteville School District P.O. Box 849 Fayetteville, AR 72701 RE: $10,000,000 Fayetteville School District No. 1 of Washington County, Arkansas

Construction Bonds, Series 2009 Dear Dr. New: On January 22nd, 2009 the Board of Directors of the Fayetteville School District approved the adoption of a Notice of Intention to Issue Second Lien Bonds in the amount of $10,000,000. Subsequent to this approval, an Application was submitted to the Department of Education to authorize this bond issue. On April 13th, 2009 the State Board of Education approved the issuance of the second lien bonds. On June 18th, 2009 at 10:00 AM the District’s second lien bonds were offered and five investment firms submitted bids in connection with the issue. The best bid was received from the firm of Morgan Keegan & Co., Inc. with an interest rate of 4.162576%. A detailed Bid Summary, a chart depicting the recent history of the tax-exempt market, and a Proceeds Sheet are attached for your review in connection with this financing. Based on the very favorable interest rate received and our assessment of the current interest rate market, we would recommend the Board accept Morgan Keegan & Co., Inc.’s bid and authorize this financing by adopting the attached resolution. As always, it is a pleasure to work with you and your staff in addressing capital improvement needs for the District. I look forward to being with you and your Board on June 25th.

Sincerely,

Dennis Hunt

Cc: Dr. Lisa Morstad

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$10,000,000 FAYETTEVILLE SCHOOL DISTRICT NO. 1

OF WASHINGTON COUNTY, ARKANSAS CONSTRUCTION BONDS

MATURITY: June 1, 2030 DATED: July 1, 2009

SALE: June 18, 2009 @ 10:00 a.m. CST

BIDDER TIC

MORGAN KEEGAN & CO., INC. 4.162576

CREWS & ASSOCIATES, INC. 4.226306

STEPHENS INC. 4.271473

FTN FINANCIAL CAPITAL MARKETS 4.282118

STERNE AGEE & LEACH, INC. 4.368235

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4.86

4.86

4.71

4.61

4.54

4.92

4.44

4.62

4.70

4.57

4.78

4.92

4.40

4.50

4.60

4.70

4.80

4.90

5.00

04/02

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04/16

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04/30

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$10,000,000 FAYETTEVILLE SCHOOL DISTRICT

Construction Bonds, Series 2009

Proceeds Sheet Dated: July 1, 2009 Closing: July 9, 2009

$ 10,000,000.00 Original amount of issue (13,920.85) Original Issue Discount 8,502.28 Accrued interest

$ 9,994,581.43 Subtotal

$ 78,500.00 Underwriter’s Discount 48,000.00 Financial advisor’s fee

$ 9,868,081.43 Net remaining

The amount due the District of $ 8,502.28 is to be placed in the Bond Fund and used to make a portion of the first payment on the new bonds. The remaining funds of $9,859,579.15 will be wired to a financial institution selected by the District on the date of closing. These monies should be invested in Authorized Investments (which consist of U.S. Government Obligations or obligations which are fully guaranteed by the United States of America) or in bank certificates of deposit the principal of and interest on which are either fully insured by the FDIC or collateralized by U.S. Government Obligations.

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June 25, 2009

Bond Refunding

TO: Board of Education FROM: Lisa Morstad I will ask the Board to ratify bids on the refunding of Series 2004 bonds.

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Stephens Inc.

Dennis R. Hunt Senior Vice President and Manager

3425 North Futrall Drive Suite 201 Fayetteville, Arkansas 72703 479-718-7400 Fax 479-718-7490 800-205-8613 stephens.com

[email protected]

June 11, 2009

Dr. Bobby New Superintendent Fayetteville School District P.O. Box 849 Fayetteville, AR 72701 RE: $8,950,000 Fayetteville School District No. 1 of Washington County, Arkansas

Refunding Bonds, Series 2009 Dear Dr. New: On June 11th, 2009 at 1:00 PM, the District received qualified bids from five investment firms in connection with the above referenced bond issue. The best bid was received from the firm of Morgan Keegan & Co., Inc. with an interest rate of 4.227735%. The reduction in interest rates from the issuance of the refunding bonds will result in a net savings to the District of $201,375.73. A detailed Bid Summary, a chart depicting the recent history of the tax-exempt market, and a Proceeds Sheet are attached for your review in connection with this financing. Based upon the competitive interest rate received and our assessment of the current volatile interest rate market, we would recommend the Board accept Morgan Keegan & Co., Inc.’s bid and authorize this financing to capitalize on this savings opportunity. We appreciate the opportunity to work on this transaction and look forward to reviewing this information with you and your Board on June 25th.

Sincerely,

Dennis Hunt

Cc: Dr. Lisa Morstad

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$9,030,000 FAYETTEVILLE SCHOOL DISTRICT NO. 1

OF WASHINGTON COUNTY, ARKANSAS REFUNDING BONDS MATURITY: June 1, 2030

DATED: July 1, 2009 SALE: June 11, 2009 @ 1:00 p.m. CST

BIDDER TIC

MORGAN KEEGAN & CO., INC. 4.227735

FTN FINANCIAL CAPITAL MARKETS 4.277565

CREWS & ASSOCIATES, INC. 4.289437

STERNE AGEE & LEACH, INC. 4.416598

STEPHENS INC. 4.528979

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4.86

4.71

4.61

4.44

4.62

5.00

4.54

4.70

4.57

4.78

4.924.92

4.40

4.50

4.60

4.70

4.80

4.90

5.00

5.10

03/26/0904/02/0904/09/0904/16/0904/23/0904/30/0905/07/0905/14/0905/21/0905/28/0906/04/0906/11/09

Bond Buyer 20-Bond General Obligation IndexMost Recent 12 Weeks

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$8,950,000 FAYETTEVILLE SCHOOL DISTRICT Refunding Bonds, Series 2009

Proceeds Sheet

Dated: July 1, 2009 Closing: July 9, 2009

$ 8,950,000.00 Original amount of issue (12,493.45) Original Issue Discount 7,755.94 Accrued interest

$ 8,945,262.49 Subtotal

$ 8,814,432.08 Cost to retire the July 1, 2004 Bonds 6,050.00 Escrow and prepaid trustee fees 73,837.50 Underwriter’s Discount 43,186.97 Financial advisor’s fee

$ 7,755.94 Net remaining

The net remaining funds of $7,755.94 will be transferred to the District at closing. This amount is to be placed in the Bond Fund and used to make a portion of the first interest payment on the Bonds. The refunding produced a total net savings of $201,375.73. A breakdown per year of the savings appears below:

Accelerated Savings Summary

School Year Savings School Year Savings 2009/2010 $144,415.73 2021/2022 $4,457.50 2010/2011 2,825.00 2022/2023 3,340.00 2011/2012 975.00 2023/2024 1,930.00 2012/2013 4,025.00 2024/2025 5,207.50 2013/2014 1,825.00 2025/2026 3,420.00 2014/2015 4,525.00 2026/2027 1,275.00 2015/2016 1,925.00 2027/2028 4,555.00 2016/2017 5,100.00 2028/2029 2,815.00 2017/2018 3,900.00 2029/2030 1,290.00 2018/2019 2,362.50 2019/2020 1,105.00 2020/2021 102.50

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June 25, 2009

2009-10 District Budget

TO: Board of Education FROM: Lisa Morstad I will present the 2009-10 district budget for your approval.

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Summary Financial ReportFayetteville Public Schools

FY2009-10

6/18/2009 Revised ProposedRevenues: FY09 Budget FY10 Budget

0 months of 12 = 0% Change noteProperty Tax Reserve 3,000,000$ 21 C Fund 2,400,000$ Staff Bonus 2,500,000$ Uncommitted CfwdRestricted Carryforwards 3,243,052$ State Funds 23,387,064$ 22,072,215$ (1,314,849)$ aLocal Funds 49,153,143$ 54,535,024$ 5,381,881$ bInterest on checking account 500,000$ 400,000$ (100,000)$ cFed Funds/Grants/Restricted 6,700,000$ 6,700,000$ -$ Vocational Education 81,250$ 81,250$ 0$ Pepsi Contract -$ 50,000$ 50,000$ Athletic Gate Receipts 118,000$ 120,000$ 2,000$ E-rate -$ -$ -$ Miscellaneous 200,000$ 150,000$ (50,000)$ dFood Service sales 1,332,150$ 1,330,000$ (2,150)$ Reserve 5,281,200$ 5,281,200$ -$

Total Revenues & Reserve: 88,790,341$ 90,719,689$

Expenditures:Salaries 56,039,297$ 56,031,106$ (8,191)$ eFringe Benefits 13,800,000$ 13,609,437$ (190,563)$ fDebt Service Payments 5,855,000$ 6,080,000$ 225,000$ iMaintenance & Operations: -$ Maintenance 1,344,505$ 1,344,505$ -$ Utilities 1,720,174$ 1,720,174$ -$ Transportation 871,873$ 871,873$ -$ Food Service 902,606$ 1,064,283$ 161,677$ g Technology 500,864$ 500,864$ -$ Curriculum & Instruction 1,831,685$ 1,900,000$ 68,315$ g School Improv/Prog. Devlp. 251,922$ 251,922$ -$ Athletics/Physical Education 207,805$ 207,805$ -$ Grant Expenditures (not personnel) 1,710,800$ 1,400,000$ (310,800)$ h Miscellaneous 406,520$ 406,520$ -$ Tuition 50,000$ 50,000$ -$ C21 Curriculum 2,400,000$ Capital Expense 391,000$ Reserve 5,281,200$ 5,281,200$ -$ Unrestricted CarryforwardRestricted CarryforwardTotal Expenditures & Reserve: 88,790,341$ 90,719,689$

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Executive SummaryFayetteville Public Schools

FY2009-2010Notes to Financial Report

a. Decrease in State funding is due to state equalization formula which"subsisizes" local contribution rates with state funding to meet the States minimum funding per pupil guarantee. Increases in assessed valuation per student created a net decrease in State funding per pupilthrough the equalization process.

b. Increases in assessed valuation, State guarantees of 98% collections on thefirst 25 mills of tax, and the second year of a reappraisal process contribute to higher projections of property tax receipts in FY10. It is also due to higher property taxreceipts in FY09 than reflected in the revised budget so variance will be less when final FY09 budget is presented.

c. Decrease in interest earnings are projected based upon declining interestrates in district investment options.

d. Decrease in miscellaneous revenue is primarily related to current lease with NWACC for less square footage at the RTC

e. Salary expenditures remain flat due to 4% bonus in FY09 which was not put in salary schedule and step raise in FY10

f. Fringe benefit budget reduced to reflect more accurate costs based uponFY09 actuals

g. Increase in costs are due to inflation

h. Decrease is due to shifting the use of grant funds for more personnel costs

i. Increase related to new debt issued in FY09.

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FY10 Projected Expenditures

66%

16%

7%

2%

2%

1% 1%1% 2%

0.2%

2%0.5%

SalariesFringe BenefitsDebt Service PaymentsMaintenanceUtilitiesTransportationFood ServiceTechnologyCurriculum & InstructionSchool Improv/Prog. Devlp.Athletics/Physical EducationGrant Expenditures (not personnel)Miscellaneous

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June 25, 2009

Certified & Classified Policy Changes

TO: Board of Education FROM: Greg Mones I will ask the Board to approve the changes to the following policies that were presented in May: Policy 4141.2 (Stipend Schedule) Policy 4150 (Certified Leave Policy) Policy 4243 (Classified Leave Policy) Policy 4115 (Transfer Policy) Policy 4119 (RIF Policy) In the interest of saving paper, I have only included the policy pages with changes suggested by Board members at the May meeting.

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POLICY NO. 4119.1

1

FAYETTEVILLE (AR) PUBLIC SCHOOLS REDUCTION IN FORCE

The Board of Education recognizes that a decrease in student enrollment, district-wide or within a particular program, school district reorganization, the financial condition of the school district, or other factors may make it necessary to place some staff members on involuntary leaves of absence, without pay or other benefits. Recognizing that such action is potentially disruptive to school programs and individual staff members, the Board agrees that such a reduction will be made only after school employees and the Board of Education have given due consideration to alternatives to such a reduction. When such an occasion arises, procedures will be followed to accomplish two purposes: 1. Maintenance of education of the highest possible quality for the students of the Fayetteville Public Schools 2. Fair and equitable treatment for all employees of the school district. It is understood that this policy will not be used to dismiss any individual employee. Such dismissal will take place only through the provisions of Policy No. 4119.

PROCEDURES

I. General Guidelines

When a reduction in the number of certificated staff members becomes necessary, the following general guidelines will be followed:

A. A balance will be sought in the reduction of teaching, supervisory, and administrative positions within the accreditation standards of the state and North Central Association. B. Efforts will be made to accomplish the reduction through attrition and reassignment before using any other method of staff reduction. C. Written notification to affected staff members will be provided as early as possible but no later than April 15 of the current contract year.

D. A staff member whose position is eliminated reduced from employment through the provisions of this policy will be considered to be on a leave of absence extended leave(involuntary). Such status will be maintained for a period of two years (unless re-employed by the Fayetteville

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POLICY NO. 4119.1

2

Schools) and will not be affected by employment in another school district or in another occupation.

E. The administration will inform all affected staff members regarding

how insurance and retirement benefits are affected by such a reduction.

F. The administration will provide reasonable assistance to affected employees who wish to seek employment in surrounding school districts. Affected employees who are not employed elsewhere will

be encouraged to make themselves available for substitute teaching in the Fayetteville Schools; such teachers will be given priority when substitute assignments are made.

G. Staff reductions will be made on a district-wide basis (elementary

K-65 secondary 76-12) rather than by building. Staff members will be considered for reduction on the basis of their current assignment; those on leave of absence will be considered as though they were employed in their most recent assignment.

H. In the event of state action, such as annexation, years of

employment in Fayetteville Public Schools will supersede total years of experience of newly acquired employees from other district(s).

II. Specific Procedures

When a staff reduction becomes necessary, the following specific procedures will be followed:

A. The administration - based on current and projected enrollments, district financial projections, etc. - will determine the total number of staff reductions to be made for the district and for each building for the succeeding year. B. The administration will determine the number of personnel to be reduced in each of the following categories: 1. Classroom teachers and reading teachers in grades K-65. 2. Teachers in grades K-65, by areas of specialization (music teachers, librarians, special education teachers, etc.). 3. Teachers in grades 76-12, by areas of specialization (includes all non-administrative personnel).

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POLICY NO. 4119.1

3

4. Administrators and supervisors.

C. Staff reductions in categories B. 1-4 (above) will be completed in the following order:

Step 1: Natural attrition

Step 2: Employees with temporary or emergency certificates provisional licenses, waivers, and additional licensure plans.

Step 3: Part-time employees, if their area of specialization is

identified for reduction in B, above.

Step 4: Employees who are assigned to an area of specialization being eliminated from the curriculum (as identified in B. 2-4, above).

Step 5: If sufficient staff members are not reduced through

these four means, consideration will be given to the following items, taken as a whole:

a. Commitment to professional development, as

indicated by a review of the staff member’s total staff development record. Specific consideration will be given to the appropriateness and magnitude of job targets/improvement goals undertaken and completed by the employee through the staff appraisal evaluation program and to the appropriateness and magnitude of advanced training completed through college/university courses and/or the local staff development program.

b. Areas of specialization and multiple

certification areas. c. Recommendation of the employees’ immediate

supervisor, as reflected in the employee’s annual appraisal evaluation and through the supervisor’s review of that appraisal.

d. Experience in the Fayetteville Public Schools. e. Experience in the field of education.

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POLICY NO. 4119.1

4

Where necessary and appropriate, the superintendent’s office will be responsible for evaluating employees on a district-wide basis on criteria a-e.

D. After reductions are made, necessary transfers within the district

will be governed by the district’s transfer policy (No. 4115). III. Recall

If, after a reduction has been made, the need for the total reduction in force is diminished, personnel reduced under the provisions of this policy will be offered employment before employment is offered to any other applicant, provided such employees are fully certified for the available position (even if the vacancy is in a teaching specialty different from that previously held by the affected employee) and that they have notified the Superintendent of Schools of these teaching areas for which they wish to be considered for employment.

When positions are to be filled through the recall process, eligible personnel (those on involuntary leave of absence) will be recalled on the basis of their possession of criteria a-3e in Step 5, above, at the time of the original reduction. When a selection is made, the person being recalled will be offered employment by certified mail (deliverable to the employee only) from the superintendent’s office. (If a person affected by staff reduction fails to keep the superintendent’s office notified of current address, or other proper means of contacting when a vacancy occurs, that person waives the opportunity for recall.) Within seven calendar days of receipt of the offer of employment, the recalled person must accept the offer by replying by certified mail or in person to the superintendent’s office. Rejection of such an offer, or failure to respond within seven days, removes the recalled person’s right to any further employment consideration under the provisions of this policy.

Upon accepting a position through the recall procedure, the affected staff

member will have previously existing benefits (seniority, accumulated leave, etc.) reinstated. No benefits will be accrued during the time the staff member is not employed by the school district, except for the following provisions:

1. A year’s experience credit will be awarded for each year (or major portion thereof) of teaching service rendered by an employee on involuntary leave of absence in a school system accredited by a state department of education or similar accrediting agency. 2. A year’s experience credit will be awarded for any academic

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POLICY NO. 4119.1

5

year in which an employee on involuntary leave of absence serves as a substitute teacher for at least 120 days in the Fayetteville Public Schools.

A person will be eligible for recall for a period of two calendar years, beginning with the last day of the contract year during which notice of reduction is received by the person. Any person not recalled within two years will no longer be considered on leave of absence status and must re-apply to the school district to be considered for employment.

Approved: 4-28-81 Revised: 3-27-84 Revised: 6-23-87

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Fayetteville Public Schools Policy 4150

1

FAYETTEVILLE (AR) PUBLIC SCHOOLS LEAVE POLICY

The Fayetteville Board of Education recognizes the need for employees to be protected from loss of salary during temporary absences from work caused by personal illness or disability, illness, or bereavement in the immediate family, and other reasons of an emergency or personal nature. The Board of Education also agrees to protect the security of the teacher who requests leave of absence for an extended period by guaranteeing the individual to return to a teaching position, provided conditions outlined in the procedures governing this policy are met. School Board Policy Revised: 5-10-78

TEACHER LEAVE PROCEDURES I. Sick Leave

Sick leave shall be defined as leave granted because of physical, mental, or emotional illness of the employee, or illness of death in the immediate family, or because of need for additional emergency leave as provided in Section III of this policy. Immediate family shall include the teacher’s spouse, children, parents, and any other relatives living in the same household.

A. Teachers shall be granted a total of one day per contracted month of sick leave per year for which there shall be no deduction from the teacher’s salary. B. A teacher who that does not use all days allotted for sick leave in any school year shall accumulate all unused leave to a limit of 90 days. After 90 days are accrued, unused sick leave shall accrue at 3 days per year thereafter. C. Sick leave may be used for any medical disability connected with or resulting from pregnancy. A teacher who is pregnant may continue in active employment as late into her pregnancy as she desires provided such employment does not impair her health as determined by a qualified medical doctor of her choice. All or any portion of a leave taken by a teacher because of medical disability connected with or resulting from pregnancy shall, at the teacher’s option, be charged to available sick leave. (The teacher shall notify the principal as soon as

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Fayetteville Public Schools Policy 4150

2

possible of the time the teacher needs to be relieved of duty and also the time the teacher expects to return to duty.)

D. Any teacher whose need for sick leave extends beyond accumulated sick leave shall be eligible for extended leave under provisions of Section VII VI.

E. Any teacher who is absent from his or her duties as a result of personal injury caused by either an assault or other violent criminal act committed against the school employee in the course of her or her employment, shall be granted a leave of absence from school with full pay for up to one year from the date of the injury and such leave shall not be charged against the teacher’s accumulated sick leave. F. Upon retirement, certified employees who qualify for benefits of the state teacher retirement system will be reimbursed for unused sick leave in excess of 45 days at the then current beginning daily rate for substitute teachers. II. Sick Leave Bank A. Participation

Participation in the Sick Leave Bank (SLB) is available to all certified employees who are eligible for sick leave, and is on a voluntary basis. An employee becomes a member of the SLB by contributing one (1) sick day to the bank. New staff members and others not contributing previously will be given an opportunity to join each September. Such declaration and contribution shall be made on a Sick Leave Bank Election Form distributed and collected by the District’s Business Office. The SLB Form is due in the business office no later than September 15. After a SLB member withdraws days from the bank, they must contribute one (1) day of their sick leave allowance at the beginning of the next school year to reestablish membership in the sick leave bank.

If, during the course of a school year, the Sick Leave Bank

balance of contributed days is reduced to fifty (50), the District’s Human Resources Office will notify teachers of this occurrence and will request the immediate completion of another Sick Leave Bank form. A teacher’s failure to contribute another one day of accumulated sick

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Fayetteville Public Schools Policy 4150

3

leave will terminate that teacher’s participation in the Sick Leave Bank until the next opportunity to contribute arises.

B. Governance

A seven-member committee shall oversee the administration of the Sick Leave Bank. The committee shall be comprised of the Superintendent (or designee), the FEA President (or designee), three teachers elected by a majority of certified staff in an election directed and certified by the PPC, and two non-certified employees elected in an election directed and certified by the classified PPC. The committee shall decide on requests based on the committee’s rules of operation. Requests for leave from the Sick Leave Bank should be routed to the Human Resources Office.

C. Rules of Operation

1. Only those teachers who have made contributions to the Bank may

make requests for grants from the bank. 2. Sick Leave Bank days will be granted only in cases of physical,

mental, or emotional illness of the employee or illness or death in the immediate family. Immediate family shall include the teacher’s spouse, children, parents, and any other relatives living in the same household.

The Sick Leave Bank days may be used only upon exhaustion of a member’s accumulated sick leave and emergency leave, which can be used as sick leave. Days used from the Sick Leave Bank are grants and do not require repayments. However, they must contribute one (1) day of their sick leave allowance at the beginning of the next school year to reestablish membership in the sick leave bank. 3. Therefore, the committee expects teachers to use discretion in

making requests for days from the Sick Leave Bank. Before approving a request for Sick Leave Bank days, the Sick Leave Bank Committee may review sick leave records and/or require appropriate documentation. (May include doctor’s or psychologist’s verifying disability and/or expected duration.)

4. Request for Sick Leave Bank days will be made on a Sick Leave

Bank request form submitted to the chairperson of the Sick Leave Bank Committee. Request forms may be obtained from the Human Resources Office.

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5. Sick Leave Bank days will not be granted if an applicant is eligible for or is receiving income from an income protection insurance policy or similar coverage.

6. Sick leave grants made from the bank shall be for no more than

twenty days for an individual applicant per year. Teachers in need of more than twenty days may apply for an additional twenty days, which if approved, will result in the deduction from the teacher’s salary an amount equal to the standard daily cost of a substitute teacher for each additional day taken. This second application will run concurrently with FMLA and require completion of FMLA paperwork. Any unused sick leave bank days granted may not carry forward to any subsequent year and shall be returned to the Sick Leave Bank.

7. Unused days contributed to the Sick Leave Bank will accumulate

and carry forward (in total--not by individual). III. Emergency Leave A. Emergency leave may be taken for: 1. Illness or death of a close friend or relative not

covered under sick leave. If additional time is required for this reason, the cost of a substitute will be deducted, for up to 15 days.

a. When an employee uses any or all of the additional 15 days, that employee must notify the payroll department within the leave month.

2. Legal business or family matters of an emergency nature which require absence during school hours. B. Emergency leave may not be taken for routine family or routine business trips.

C. If the applicant determines that the need for emergency leave meets the requirements as stated (in III. A and B) above, a statement of explanation for leave is not required on the request for leave form. The applicant will notify their building principal within five (5) business days of the reason for the leave.

D. Emergency leave may not exceed three (3) days of absence per year with no deduction. E. Three (3) days additional emergency leave may be charged to

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sick leave if necessary. F. Three (3) days of emergency leave may be used as sick leave If all sick leave has been exhausted. Examples of Emergency Leave --Funerals not covered by sick leave --Court appearances --Legal consultations --Sick baby sitter --Broken water pipe --Stopped up sewer --Appliance repair requiring presence of owner --Recognized religious holidays --Property damage to public or private roadways which causes an employee to be unable to reach the work site.

--Attendance of employee’s child/grandchild’s school-related function(s) or volunteer activity. Only one (1) day per school year can be used for this occasion. Prior approval must be obtained by Principal/Supervisor.

IV. Personal Leave

A. A teacher may apply for personal leave when the reason for the

requested leave does not fall within any of the other leave categories. Application for such leave should be made one week in advance and will be approved by the principal and the superintendent, provided that a registered substitute can be obtained. For the first day of personal leave approved during an academic year, there will be no deduction of salary. The Business Office will deduct from the teacher’s salary an amount equal to the standard daily cost of a substitute teacher for the next two days of personal leave that are approved. It is strongly recommended that personal leave not be requested during the first and last weeks of school or in conjunction with school holidays.

B. Up to ten days of military leave may be granted per school year, for

which an amount equal to the lesser of the teacher’s military pay or daily teaching pay will be deducted from the teacher’s salary provided the teacher submits evidence that the assignment is mandatory and the teacher has no option to the assignment other than on contracted school time.

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C. If approved, additional leave days may be taken without pay. Each additional day taken will result in the deduction of a full day’s pay from the next salary check. Examples of Personal Leave --Tax Consultations --Real Estate transactions, including moving --Family reunions --Vacations --Shopping trips --Bad weather/roads (unless out of normal commuting distance)* --Weddings (including own) --Transportation problems (unless out of normal commuting distance)* --Graduations and other ceremonies --Trips with spouse --Transporting/accompanying children to college * If out of normal commuting distance, would be classified as emergency leave.

V. Professional Leave

A. Categories of Professional Leave

There will be three categories of Professional Leave:

1. Professional Development Leave 2. Professional Business Leave 3. Civic Leave

B. Professional Development Leave related to an individual school’s ACSIP Plan will be granted when a teacher justifies, in writing, the direct subject matter or improvement needs to be met. Additionally, Professional Development Leave should only be granted when the District did not provide the development needed in the normal Professional Development offerings during the year. C. Professional Business leave may be granted on approval of the Principal and the superintendent (or his designee) following the guidelines in Section VI--E for participation in any of the following activities: 1. Education/Work-related meetings and conferences 2. School visitations 3. Field trips and other activities where students are being chaperoned/supervised

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4. Participation in Professional Organizations

D. Civic Leave may be granted for the following the guidelines in Section VI--E of Professional Leave. Civic Leave falls under the following activities.

1. Jury Duty 2. Other civic responsibilities and activities 3. Political activity affecting education E. Approval/Disapproval of Professional Leave

In all categories above, the superintendent (or his designee) will have three options related to disposition of the leave request:

1. Disapprove the request. 2. Approve the request, and agree that the school will accept responsibility for some or all of the expenses related to the leave, including the cost of a substitute teacher. 3. Approve the request, and charge the teacher with accepting the responsibility for any expenses related to the leave, including the cost of the substitute teacher. (If this option is exercised by the superintendent, the affected teacher will have the cost of a substitute teacher deducted from the next salary check, unless the FEA or some other recognized agency has agreed to reimburse the District for the cost of a substitute.

In deciding which option to exercise, the superintendent (or designee) will consider the benefit likely to accrue to the Fayetteville Schools; the availability of budgeted funds; whether the request for leave was initiated by the teacher, the school, or some other agency; recommendations of the FEA or its Executive Board; etc. Travel procedures outlined in Policy No. 4133 will be followed at all times.

F. Any teacher wishing to attend the instructional staff development

sessions of the annual AEA Convention will not be denied that leave and will be able to count the specific session as staff development credit if the proper SDI forms have been completed.

These days will not be counted against a building’s professional leave budget.

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VI. Extended Leave

Extended leave is a leave of absence without pay and benefits, but with the privilege of returning to the same or as nearly comparable assignment as possible and may be granted upon approval by the Board of Education under the following conditions:

A. An extended leave may be granted for not less than one semester nor more than two semesters unless otherwise specified in this policy or the Communicable Disease Policy No. 4170. Extended leave less than one semester but a minimum of nine weeks may be approved if recommended by the Superintendent. B. The teacher on extended leave must notify the superintendent by April 1 of his intention to resume his work at the beginning of the next scholastic year or December 1, if he is to resume his work the second semester. C. Failure to notify the superintendent of intention to resume work as indicated, or failure to report for duty at the expiration of an extended leave shall be considered a resignation.

D. Application for extended leave, except in emergencies such as ill health, must be filed with the principal and the superintendent in writing at least one month before leave shall take effect. Written response to each application is required.

In determining whether to approve or deny an application, the administrators and the Board of Education will consider the teacher’s request, the potential effect on the students involved, the teacher’s length of service in the District, and other appropriate factors.

E. All benefits to which a teacher was entitled at the time his extended

leave commenced will be restored to him upon his return. Unless otherwise specified, a returning teacher will be placed on the salary schedule at the level achieved prior to his leave.

F. All teachers are eligible to apply for extended leave in the following categories: 1. Physical, mental, or emotional illness of the employee which extends beyond accumulated sick leave.

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2. Military induction or enlistment for active military service in time of war or other national emergency in accordance with the provisions of the Act of Congress requiring universal military service for meeting such emergency. Leave will be granted to any teacher who is a member of a Guard or Reserve Unit ordered to active duty by a proper authority in accordance with current law.

3. Illness or injury of a member of the teacher’s immediate family or any other family catastrophe requiring the teacher to be absent from work. 4. Advanced study in the teacher’s major field. 5. Educational travel, if it can be shown that such activity will contribute to the effectiveness of the teacher.

6. Child bearing. A teacher may apply for such leave to be effective beginning at any time between the commencement of pregnancy and the semester following the birth of the child. (Note--Sick leave may be used for child bearing, but should not exceed eight weeks unless a medical complication exists.)

7. Child rearing. A teacher may apply for such leave to be effective at any time during which the teacher has a child living at home. (A teacher adopting a child may apply for such leave to be effective prior to receiving custody, if necessary to fulfill the requirements for adoption.)

8. Becoming a candidate for, or serving in, a public office, unless

there is a specific legal prohibition.

9. Enlistment in the Peace Corps or other such federal program. Such enlistment shall not exceed three years. If verifiable teaching experience is gained, the teacher will be awarded appropriate experience on the salary schedule, even if the allowable out-of-district credit limitation has been reached.

10. Absence from the area due to the temporary transfer or

sabbatical assignment of a spouse.

11. Consideration of teaching as a continued career. Such leave will be approved for one full year and will generally not be approved unless the teacher has a minimum of ten years’ experience in the District.

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VII. Sabbatical Leave A sabbatical is a leave of absence without pay which is taken by a faculty member who has been continuously employed by the District for 10 or more years and which is taken for educational purposes. A faculty member on sabbatical has the privilege of returning to the same building and the same general teaching assignment and to be considered equally with the rest of the staff for specific assignments. The Board of Education may grant approval of sabbatical leave using the applicable conditions and timelines of the extended leave section. VIII. Limitations and Conditions If an administrator has reason to believe that the requirements for any type of leave as described in Sections I-V of this policy have not been correctly applied, verification may be required of the employee. The administrator will notify the employee in writing of why verification is required. Revised: 5-22-79 Revised: 3-25-82 Revised: 5-24-83 Revised: 4-24-84 Revised: 6-22-84 Revised: 8-22-85 Revised: 6-03-86 Revised: 6-23-87 Revised: 10-10-89 Revised: 9-24-91 Revised: 5-12-94 Revised 6-22-00 Revised: 6-27-02 Revised: 6-24-04 Revised: 6-22-06 Revised: 6/28/07

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June 25, 2009

Elementary & Secondary Student/Parent Handbook

TO: Board of Education FROM: Tom Triplett I will ask the board to approve the elementary and secondary policies and procedures student handbooks for the 2009-10 school year. The Arkansas Department of Education requires that the school board approve the student handbooks before they are published.

The only change to the handbooks from last year is the Internet Use Policy which the Board approved in March.

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June 25, 2009

Soft Drink Contract

TO: Board of Education FROM: Dick Johnson I will ask the Board to ratify a three-year contract with Coca-Cola for vending services at our schools.

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Agency # 005.15

ADE 259-1

ARKANSAS DEPARTMENT OF EDUCATION RULES GOVERNING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND

BODY MASS INDEX FOR AGE ASSESSMENT PROTOCOLS IN ARKANSAS PUBLIC SCHOOLS

August 2007

1.0 PURPOSE

1.01 The purpose of these rules is to establish the requirements and procedures for governing nutrition and physical activity standards and body mass index for age assessment protocols in Arkansas Public Schools.

2.0 REGULATORY AUTHORITY

2.01 These shall be known as the Arkansas Department of Education Rules Governing Nutrition and Physical Activity Standards and Body Mass Index for Age Assessment Protocols in Arkansas Public Schools.

2.02 These regulations are enacted pursuant to the authority of the State Board of

Education under Ark. Code Ann. §§ 6-16-132, 20-7-133, 20-7-134, 20-7-135 and Acts 201 and 317 of 2007.

3.0 DEFINITIONS For the purpose of these rules, the following terms mean:

3.01 Adult – A licensed or qualified physical education teacher or a classified employee trained and assigned to supervise physical education classes.

3.02 A la’ carte - Food items and /or beverages, individually priced, provided by the non-profit school food service program. These items may or may not be part of the reimbursable meal.

3.03 Arkansas Child Health Advisory Committee - A state level committee that

was established by Act 1220 of 2003 to develop nutrition and physical activity standards and make policy recommendations to the Arkansas Board of Education and the State Board of Health.

3.04 Arkansas Consolidated School Improvement Plan (ACSIP) - A plan of action

to address deficiencies in student performance that is reviewed annually and monitored at least every two years.

3.05 Body Mass Index (BMI) - Weight in pounds divided by height in inches

squared multiplied by 703 (metric: weight in kilograms divided by height in meters squared).

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3.06 BMI for age assessment- Calculating the height and weight as in the definition for BMI and applying the CDC growth charts for age and gender.

3.07 BMI for age assessment protocols- A detailed plan designed to describe

appropriate procedure for assessment. 3.08 Mass Index Percentile for Age - An indicator to assess the size and growth

patterns of individual children based on the Centers for Disease Control and Prevention’s (CDC) BMI-for–age growth charts for boys and girls.

3.09 Carpenter’s square – An instrument for ensuring a level reading of height. 3.10 Certificate of completion – A document provided upon completion of BMI

assessment training protocol. 3.11 Child Nutrition Programs - The federal child nutrition programs operated by

Arkansas public and charter schools which include the National School Lunch Program, the School Breakfast Program, the After School Snack Program, the Special Milk Program and the Summer Feeding Program, as established by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 (as amended through PL-108-269, July 2, 2004).

3.12 Community Health Nurse Specialist (CHN) – Arkansas Department of Health

Nurses located at educational cooperatives. 3.13 Competitive Foods - Foods and beverages sold or made available to students

that compete with the school’s operation of the National School Lunch Program, School Breakfast Program and/or After School Snack Program, including, but not limited to, food and beverages sold or provided in vending venue (machines, ice chests, cabinets) in school stores or as part of school fundraisers to students on school premises during the declared school day.

Note: The federal definition of Competitive Foods, found in 7 CFR

210.12(a)(1), is foods sold in competition with the National School Lunch Program to children in food service areas during the lunch period.

3.14 Confidential - Information marked or intended for a specific person or

persons. 3.15 Declared School Day - The official schedule as required for students and staff

in a specific Local Education Agency (LEA) location. 3.16 Designee – A person approved or designated by school district. 3.17 Digital Scale – An instrument for measuring weight.

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3.18 Elementary School - A campus with a designated Local Education Agency (LEA) number containing any combination of grades pre-kindergarten through sixth grade.

3.19 Foods of Minimal Nutritional Value (FMNV) - Foods of Minimal Nutritional

Value refers to the four categories of foods and beverages (soda water, water ices, chewing gum, and certain candies) that are restricted by the United States Department of Agriculture (USDA) under the Child Nutrition Programs. Definitions within the federal regulations concerning the four categories of FMNV are:

3.19.1 Certain Candies - Certain Candies are FMNV according to United

States Department of Agriculture (USDA) Regulations, including any processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients that characterize the following types:

3.19.1.1 Candy Coated Popcorn - Popcorn that is coated with mixture

made predominantly from sugar and corn syrup.

3.19.1.2 Fondant - A product consisting of microscopic-sized sugar crystals that are separated by a thin film of sugar and/or invert sugar in solution such as candy corn or soft mints.

3.19.1.3 Hard Candy - A product made predominantly from sugar

(sucrose) and corn syrup that may be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour balls, lollipops, fruit balls, candy sticks, starlight mints, after-dinner mints, jaw breakers, sugar wafers, rock candy, cinnamon candies, breath mints and cough drops.

3.19.1.4 Jellies and Gums - A mixture of carbohydrates that are

combined to form a stable gelatinous system of jellylike character and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices.

3.19.1.5 Licorice - A product made predominantly from sugar and

corn syrup that is flavored with an extract made from the licorice root.

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3.19.1.6 Marshmallow Candies - An aerated confection composed of sugar, corn syrup, invert sugar, 20 percent water, and gelatin or egg white to which flavors and colors may be added.

3.19.1.7 Spun Candy - A product that is made from sugar that has

been boiled at high temperature and spun at a high speed in a special machine.

3.19.2 Chewing Gum - Chewing gum is a FMNV according to United States

Department of Agriculture (USDA) regulations and include any flavored products from natural or synthetic gums and other ingredients that form an insoluble mass for chewing.

3.19.3 Soda Water - Soda water is a FMNV according the United States

Department of Agriculture (USDA) regulations and includes any carbonated beverage. No product shall be excluded from this definition because it contains discrete nutrients added to the food such as vitamins, minerals, and protein.

3.19.4 Water Ices - Water ices are FMNV according to United States

Department of Agriculture (USDA) regulations and include any frozen, sweetened water and flavored ice with the exception of products that contain fruit or fruit juice.

3.20 Fried Food – Foods that are cooked by total or partial immersion into hot oil

or other fat, commonly referred to as “deep fat frying” or “pan frying”.

3.21 Healthy Nutrition Environment - A healthy school nutrition environment gives students consistent, reliable health information and ample opportunity to use it. (Source: United States Department of Agriculture.)

3.22 Height – A standing measurement in inches or meters.

3.23 High School – Public school(s) having some combination of grades 9-12. 3.24 Junior High School - Public school(s) having some combination of grades 7- 9.

3.25 Licensed Teacher – An individual who holds a valid Arkansas teaching license with a certification or approval in the subject area to be taught. 3.26 Local Wellness Policy – A policy required for public schools participating in

a nutrition program authorized by the Richard B. Russell National School Lunch Act (42 U. S. C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U. S. C. 1771 et seq.)

3.27 Middle School - Public school (s) having some combination of grades 5-8.

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3.28 Physical Activity - Any bodily movement produced by skeletal muscles that

results in energy expenditure.

3.29 Physical Education - A planned, sequential K-12 curriculum that provide cognitive content and learning experiences in a variety of activity areas including basic movement skills; physical fitness, rhythms, and dance; games team, dual, and individual sports; tumbling and gymnastics; and aquatics.

3.30 Private - Not openly or in public. 3.31 Recorder – A person who writes down student heights and weights or enters

measurements into database. 3.32 Regular Basis - A regularly repeated or continuing occurrence at a specific

school site. For example: every day, or on a particular day each week, or repeated on a defined schedule.

3.33 Reimbursable Meal - A meal which meets the United States Department of Agriculture (USDA) criteria for reimbursement for one of the Child Nutrition Programs in Arkansas.

3.34 School Events – Any occasion such as field day, holiday, school recognition activities, end of school events, etc. designated at the discretion of the school administration.

3.35 School Fundraisers - For purposes of this rule, all food and beverage items sold by school administrators or school classified or certified staff (principals, coaches, teachers, club sponsors, etc.), students or student groups, parents or parent groups, or any other person, company or organization directly associated with the school programs.

3.36 School Health Index - The School Health Index (SHI) is a self-assessment and planning guide designed by the Centers for Disease Control (CDC) to help schools identify strengths and weaknesses of the school’s health promotion policies and programs, develop an action plan for improving student health, and involving teachers, parents, students and various members of the community in improving the school’s policies and programs.

3.37 Stadiometer – An instrument for measuring standing height. 3.38 Student Health Report – A written notice to parents with student’s health

screening information. 3.39 School Nurse - Nurses employed by school districts.

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3.40 School Nutrition and Physical Activity Advisory Committee - (SNPAA) A committee operating within each public school district, that shall help raise the awareness of the importance of nutrition and physical activity and shall include members from the school district’s governing boards, school administrators, food service personnel, teacher organizations, parents, students and professional groups such as nurses and community members.

3.41 School Site - Any and all locations associated with a Local Education Agency (LEA) number.

3.42 Vending - Means to sell or give away foods and beverages anywhere at a school site on a regular basis, including but not limited to a classroom, school store or concession stand, or equipment such as heated cabinets, hot or cold vending machines, ice chests coolers, etc.

3.43 Weight – A measurement in pounds or kilograms. 3.44 Written Refusal – A document to school district requesting a child NOT be

included in assessing BMI. 4.0 SCHOOL NUTRITION AND PHYSICAL ACTIVITY ADVISORY

COMMITTEE

4.01 The committee will assist in the development of local policies that address issues and goals, including, but not limited to the following

4.01.1 Assist with the implementation of nutrition and physical activity

standards developed by the committee with the approval of the Arkansas Department of Education and the State Board of Health;

4.01.2 Integrate nutrition and physical activity in the overall curriculum; 4.01.3 Ensure that professional development for staff includes nutrition and

physical activity issues; 4.01.4 Ensure that students receive nutrition education and engage in healthy

levels of vigorous physical activity; 4.01.5 Improve the quality of physical education curricula and increasing

training of physical education teachers;

4.01.6 Enforce existing physical education requirements; and 4.01.7 Pursue vending contracts that both encourage healthy eating by

students and reduce school dependence on profits from the sale of foods of minimal nutritional value.

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ADE 259-7

4.02 The School Nutrition and Physical Activity Advisory Committee shall be

structured in a way as to ensure age-appropriate recommendations that are correlated to the current grade configuration of the school district utilizing one of the following options:

4.02.1 Establish a School Nutrition and Physical Activity Advisory

Committee at each school in addition to the district committee;

4.02.2 Establish subcommittees of the District Committee, representing the appropriate age and grade configuration for that school district; and

4.02.3 Include representatives from each appropriate grade level group

(elementary, middle, junior and senior high) on the membership of the district committee;

4.03 Beginning with the 2005 school year, at a minimum, the School Nutrition and

Physical Activity Advisory Committee will:

4.03.1 Annually, assess each school campus, using the School Health Index for Physical Activity, Healthy Eating and a Tobacco-Free Lifestyle using the following modules:

#1 - School Health Policies and Environment, #2 - Health Education, #3 - Physical Education and other Physical Activity Programs, #4 - Nutrition Services, and #8 - Family and Community Involvement Assessment;

4.03.2 Compare the physical education and health education assessment from

the School Health Index to the standards defined by the Arkansas Department of Education Physical Education and Health Curriculum Framework;

4.03.3 Compile the results of the School Health Index and provide a copy to

the principal of each school in the district to be included in the individual school improvement plan (ACSIP);

4.03.4 Provide the annual completed School Health Index assessment results

and the physical activity standards comparison to the principal of each school in the district to be included in the district’s Arkansas Consolidated School Improvement Plan (ACSIP) and to the local school board;

4.03.5 Assist the schools in implementing the Arkansas Child Health

Advisory Committee recommendations for all foods and beverages sold or served anywhere on the school campus, including all foods and

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ADE 259-8

beverages other than those offered as part of reimbursable meals, including a la carte, vending machines, snack bars, fund raisers, school stores, class parties, and other venues that compete with healthy school meals;

4.03.6 Maintain and update annually a written list of recommended locally

available, healthier options for food and beverages available for sale to students;

4.03.7 Encourage the use of non-food alternatives for fund-raisers; 4.03.8 Review and make written recommendations to the local school board

regarding the components to be included in food and beverage vending contracts; and

4.03.9 Include as part of the district’s annual report to parents and the

community the amount of funds received and expenditures made from competitive food and beverage contracts.

4.04 The Local Wellness Policy is required under the current version of the

Richard B. Russell National School Lunch Act (42 U.S.C.1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

4.04.1 Not later than the first day of the school year beginning after June 30,

2006, each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for schools under the local educational agency that 4.04.1.1 Includes goals for nutrition education, physical activity, and

other school-based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate;

4.04.1.2 Includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity;

4.04.1.3 Provides an assurance that guidelines for reimbursable school

meals shall not be less restrictive than regulations and guidance issues by the Secretary of Agriculture pursuant to subsections (a) and (b) of Section 10 of the Child Nutrition Act (42 U.S.C. 1779) and Sections 9(f)(1) and 17 (a) of the

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Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)), as those regulations and guidance apply to public schools;

4.04.1.4 Establishes a plan for measuring implementation of the local

wellness policy, including designation of 1 or more persons within the local educational agency or at each school, as appropriate, charged with the operational responsibility for ensuring that the school meets the local wellness policy; and

4.04.1.5 Involves parents, students, representatives of the school food

authority, the school board, school administrators, and the public in the development of the school wellness policy.

. 5.0 GENERAL REQUIREMENTS FOR FOOD AND BEVERAGES IN PUBLIC

SCHOOLS 5.01 Access to Foods and Beverages in Public Schools

5.01.1 Elementary students will not have access to vended food and

beverages anytime, anywhere on school premises during the declared school day.

5.01.2 Effective July 1, 2005, during the declared school day, an elementary

school site may not serve, provide access to, through direct or indirect sales, or use as a reward, any FMNV or competitive food. This includes FMNV and competitive foods given, sold, or provided by school administrators, or staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company or organization associated with the school site. Exceptions to this requirement are listed in 5.02.

5.01.3 In elementary schools, the Child Nutrition Program may only sell food

items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal during the school year, including extra milk, fresh fruits, vegetables, and/or an extra meal meeting the same requirements of the reimbursable meal. School food service departments shall not sell or give extra servings of desserts, french fries and/or ice cream.

5.01.4 Effective July 1, 2005, during the declared school day, at middle,

junior high and high school sites, schools shall not serve, provide access to, through direct or indirect sales, or use as a reward, any FMNV or competitive food to students anywhere on school premises until 30 minutes after the last lunch period has ended. This includes FMNV and competitive foods given, sold or provided by school

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administrators, or staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company or organization associated with the school site.

5.01.5 In middle, junior high, and high schools, the Child Nutrition Program

may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal during the school year, including extra milk, fresh fruits, vegetables, unsweetened unflavored water, and/or other food/beverage items that meet standards of maximum portion size and/or an extra meal meeting the same requirements of the reimbursable meal.

5.02 Exceptions to Limiting Access to Foods and Beverages in All Schools

5.02.1 Parents Rights - This policy does not restrict what parents may provide for their own child’s lunch or snacks. Parents may provide FMNV or candy items for their own child’s consumption, but they may not provide restricted items to other children at school.

5.02.2 School Nurses - This policy does not apply to school nurses using

FMNVs or candy during the course of providing health care to individual students.

5.02.3 Special Needs Students – This policy does not apply to special needs

students whose Individualized Education Program (IEP) plan indicates the use of an FMNV or candy for behavior modification (or other suitable need).

5.02.4 School Events - Students may be given any food and/or beverage

items during the school day for up to nine different events each school year to be determined and approved by school officials. These items may not be given during meal times in the areas where school meals are being served or consumed.

5.02.5 Snacks During the Declared School Day – Snacks may be provided or distributed by the school as part of the planned instructional program, for example, afternoon snack for kindergarten students who eat early lunch. Snacks shall meet the United States Department of Agriculture Child and Adult Care Snack Patterns.

5.02.6 Foods for Instructional Purposes – Foods integrated as a vital part of the instructional program are allowed at any time. Examples include edible manipulatives such as a square of cheese to teach fractions, a nutrition food experience, food production in family and consumer science units, and food science units.

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5.03 New or renewed vending contracts for carbonated and sweetened non- carbonated beverages will be restricted to no more than 12 ounces per vended container. This requirement does not apply to contracts with an effective date on or before August 8, 2005.

6.0 NUTRITION STANDARDS FOR FOODS AND BEVERAGES

6.01 As of July 1, 2005, the Arkansas Child Health Advisory Committee nutrition standards will apply to all foods and beverages served, sold, or made available to students on elementary, middle, junior high and high school campuses (except the reimbursable school meals, which are governed by United States Department of Agriculture (USDA) federal regulations).

6.02 A list of the maximum portion size restrictions and nutrition standards will be

provided to school districts. This list, effective July 1, 2005, will apply to all foods and beverages served, sold, or made available to students during the declared school day at any school site with the exception of reimbursable school meals which have nutrition standards governed by the United States Department of Agriculture (USDA) federal law and regulations.

6.02.1 Prior to each school year, on or before April 1, the updated list of

maximum portion sizes and nutrition standards for foods and beverages will be developed by the Arkansas Child Health Advisory Committee and distributed by the Arkansas Department of Education (ADE) via ADE Director’s Memo Communication.

6.02.2 Compliance will be monitored by the Arkansas Department of

Education in addition to the self-monitoring by the Local School Nutrition and Physical Activity Advisory Committee.

6.02.3 All FMNV or competitive food beverages sold to students will be

restricted to no more than 12 ounces per vended container. The only exception for a larger portion size will be unsweetened unflavored water.

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6.02.4 A choice of two (2) fruits and/or 100% fruit juices must be offered for sale at the same time and place whenever competitive foods are sold. Fruits should be fresh whenever possible. Frozen and canned fruits should be packed in natural juice, water, or light syrup.

6.02.5 At the point of choice, at least 50% of beverage selections in vending

machines, school stores and other sales venues shall be 100% fruit juice, low-fat or fat-free milk, and unflavored unsweetened water.

6.02.6 At middle school and high school levels, local leaders are encouraged

to implement vending policies that encourage healthy eating by students.

6.02.7 Beginning August 8, 2005 any modification or revisions of vending

contracts in existence prior to August 8, 2005, must be in full compliance with all sections of the Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools as approved by the State Board of Education.

6.02.8 Nothing in these rules shall be construed to prohibit or limit the sale or

distribution of any food or beverage item through fund raisers by students, teachers, or other groups when the items are sold off the school campus.

7.0 NUTRITION EDUCATION

7.01 The Arkansas Department of Education shall promote grade- appropriate

nutrition education as part of a broad based integrated health education program that is aligned with the Arkansas Physical Education and Health Education Framework. The Child Nutrition Unit of the Department of Education shall review nutrition standards prior to implementation. Examples of integration into the curriculum include comprehensive health education courses and Workforce Education courses which are taught within Family and Consumer Sciences, such as Nutrition and Wellness and/or Foods and Nutrition.

7.02 The Arkansas Department of Education and the Department of Workforce

Education will provide technical assistance in helping schools integrate health education curricula that will include the nutrition components.

7.03 Implementation of grade-appropriate nutrition education through a

comprehensive education program will be included in the school improvement process.

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8.0 HEALTHY SCHOOL ENVIRONMENT

8.01 No food or beverage shall be used as rewards for academic, classroom or sport performances and/or activities. For exceptions to this requirement, see section 5.02 of this rule.

8.02 All school cafeterias and dining areas should reflect healthy nutrition environments.

8.03 Schools should ensure that all students have access to school meals. Schools

should not establish policies, class schedules, bus schedules or other barriers that directly or indirectly restrict meal access.

8.04 Drinking water via water fountains or other service receptacle should be

available without charge to all students on campus according to Arkansas Department of Health standards.

9.0 PHYSICAL EDUCATION AND PHYSICAL ACTIVITY STANDARDS

9.01 Beginning in the school year 2005- 2006, at a minimum, school districts will work with their local School Nutrition and Physical Activity Advisory Committee to:

9.01.1 Encourage participation in extracurricular programs that support

physical activity, e.g., as walk-to-school programs, biking clubs, after-school walking etc.;

9.01.2 Encourage the implementation of developmentally appropriate

physical activity in after-school childcare programs for participating children;

9.01.3 Promote the reduction of time youth spend engaged in sedentary

activities such as watching television and playing video games; 9.01.4 Encourage the development of and participation in family-oriented

community-based physical activity programs, and;

9.01.5 Incorporate into the school ACSIP the strategies to be employed to achieve the requirements set forth in section 9.0 of these rules.

9.02 Beginning in the school year 2006-2007, physical education classes in grades

kindergarten through six (K-6) will have a maximum student to adult ratio of 30:1. At least one of the adults supervising, as referenced in this section, must be a licensed or qualified physical education teacher with the responsibility for instruction. Classified personnel may assist in fulfilling this requirement.

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9.03 Beginning in the 2007-2008 school year, the Arkansas Department of Education will devise and implement standards regarding the amount of instructional time to be devoted to various curriculum components. These standards will ensure that the physical education curriculum and physical activity requirements for every public school student who is physically fit and able to participate shall be: 9.03.1 Public school students in grades K-6 will receive sixty (60) minutes of

scheduled physical education training and instruction, and ninety (90) minutes of physical activity each calendar week of the school year. The physical activity may include additional physical education classes, physical activity during the regular school day through activities such as daily recess periods, walking programs, intramurals and the integration of physical activity into the academic curriculum.

9.03.2 Public school students who attend a school organized to teach grades

five (5) through eight (8), or any combination thereof, shall receive Sixty (60) minutes of physical education each calendar week of the school year or an equivalent amount of time each school year with no additional physical activity requirement.

9.03.3 Public school students in grades 9-12 shall be required to take one-half

(½ ) unit of physical education to comply with current Arkansas Standards for Accreditation, as required for graduation, with no additional requirement for physical activity.

9.03.4 Nothing in this act prohibits a public school student’s elective

enrollment, voluntary participation, or a voluntary requirement put in place by the school district in physical education or physical activity as a part of the public school curriculum or extra-curricular activities.

9.03.5 A school district’s decision to require physical education or physical

activity in excess of the amounts required in Sections 9.03.1, 9.03.2, and 9.03.3, shall not be prohibited.

9.04 Beginning in the 2008-2009 school year, for grades K-6, the district will

employ at least one licensed and/or qualified physical education full-time equivalent (FTE) teacher for every 500 students. This licensed and/or qualified physical education teacher will directly supervise physical education instruction.

9.06 Beginning with the 2012 school year, all personnel teaching physical

education in grades K-12 will hold a physical education license appropriate for grade levels being taught.

10.0 SCREENING PROCESS FOR BMI ASSESSMENT

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10.01 Beginning in the 2007-2008 school year, all children in Kindergarten (K),

grade two (2), grade four (4), grade six (6), grade eight (8), and grade ten (10) shall have their height and weight assessed to calculate the body mass index for age percentile.

10.01.1 This requirement applies to public schools. 10.01.2 The responsibility for the enforcement of this section rests equally

with each school district. 10.01.3 Nothing in this act shall preclude voluntary screening of any

educational grade or preclude the referral of any child, regardless of grade, whom the parent, teacher or school nurse feels should be screened or examined unless the school has received written refusal from the student’s guardian.

10.01.4 Follow the approved screening process as outlined in the Height and Weight Measurement Training Manual.

10.02 Screening equipment shall include but is not limited to:

10.02.1 Stadiometer 10.02.2 Scales for measuring weight 10.02.3 Carpenter’s square

10.03 TRAINING/ASSURANCE

10.03.1The Arkansas Department of Education in conjunction with the Arkansas Department of Health shall develop standards for training school nurses or other school designees to perform body mass index for age assessments.

10.03.2The Department of Health in consultation with the Department of

Education shall assign all community health nurses under its supervision to work with schools to assure that body mass index for age assessment protocols are followed by school employees or their designees who conduct body mass index for age assessments and other student health screenings.

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10.04 REPORTING

10.04.1Beginning with kindergarten and then in even numbered grades, schools will be required to include, as a part of a student health report to parents, a body mass index percentile by age for each student in a private and confidential manner.

10.05 EXEMPTIONS

10.05.1Students in grades eleven (11) through twelve (12) shall be exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.

10.05.2 Parents who refuse to have their child participate in the body mass

index percentile for age assessed and reported, must provide written documentation of the refusal to the school.

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June 25, 2009

Jefferson Community Garden

TO: Board of Education FROM: Dick Johnson I will ask the Board to approve a two-year lease agreement with the City of Fayetteville for a community garden on the grounds of the former Jefferson Elementary School. District legal counsel Rudy Moore has reviewed the lease.

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June 25, 2009

Remote Participation in Board Meetings

TO: Board of Education FROM: Alan Wilbourn I will present information on remote participation by board members.

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June 25, 2009

Proposed Millage Campaign Structure

TO: Board of Education FROM: Susan Heil I will present information regarding the proposed millage campaign structure.

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June 25, 2009

Superintendent Goals

TO: Board of Education FROM: Steve Percival I will follow up on the discussion that was held at the May board meeting regarding the goals for the new superintendent.