BOARD OF DIRECTORS Satya Chandragiri, Chairperson Danielle Bethell, Vice Chairperson Sheronne Blasi Kathy Goss Marty Heyen Paul Kyllo Jesse Lippold Peone PO Box 12024, Salem, Oregon 97309-0024 503-399-3001
Christy Perry, Superintendent
AGENDA BOARD MEETING May 11, 2021 5:30 p.m. Executive Session (non-public session) 6:00 p.m. Business Session (public session) Board Members/Designated Staff only: Support Services Center, 2575 Commercial Street SE, Salem, OR 97305 Currently, only board members and designated staff will be admitted to the board room; public access is online only.
Public Access: Electronic, Live-stream English: https://youtu.be/3Vy08FQF0CA Spanish: https://youtu.be/hz1SrN9_GeQ The meeting will also be broadcast on CC:Media, channel 21.
1. CALL TO ORDER/EXECUTIVE SESSION 5:30 p.m. Chairperson The Board will meet in executive session under the following Oregon Revised Statutes: a. ORS 192.660(2)(d) to conduct deliberations with persons designated to carry on labor negotiations. b. ORS 192.660(2)(e) to conduct deliberations with persons designated to negotiate real property transactions.
Representatives of the news media are allowed to attend executive sessions, except for those sessions held in regard to expulsions. All other audience members are excluded from executive sessions and are asked to exit the meeting area. Representatives of the news media are specifically directed not to report on any of the deliberations during executive sessions, except to state the general subject of the session as listed on the agenda. No recording of executive sessions is allowed without express permission from the board.
2. RECONVENE/BUSINESS SESSION (PUBLIC) 6 p.m. Chairperson a. Board Attendance b. Land Acknowledgement c. Pledge of Allegiance d. Agenda Modifications
3. SPOTLIGHTS Superintendent a. *Spotlights on Success
4. PUBLIC COMMENT: Agenda and Non-Agenda Items Chairperson In the interest of the Salem-Keizer community of stakeholders, the board would like to hear broad input from the community related to board decisions and effectively carry out the business of the board. Typically, the largest number of comments are submitted in written form, which, due to time constraints, have not been heard or read in a timely manner. Therefore, we are accepting written comments only, with an earlier submission deadline, as it will provide the board the ability to read, digest, and consider the public comment prior to their decisions. During the board meeting, the board will hear a summary of the comments and acknowledge that they have read and reviewed the community feedback related to the business of the board.
SALEM-KEIZER PUBLIC SCHOOLS Salem Keizer Public Schools • Board Meeting Agenda • May 11, 2021
Public comment will open when the agenda is posted (usually 5 p.m. the Friday prior to the board meeting) and will close at noon the Monday before the Tuesday board meeting. Please click here to submit your written comment. This timeframe provides the board a full day to review the comments prior to their decision-making. The summary and all the submitted public comments will be posted to the SKPS website the next business day. Thank you for your input.
5. REPORTS Superintendent a. Superintendent’s Report b. Transition to Hybrid Learning Update c. Reimagining School Discipline, Student Safety & Well-being Summit Process Update d. Student Success Act (High School Success/Measure 98 and Early Learning)
6. ACTION ITEMS Chairperson a. *Approve the Asian American and Pacific Islander Heritage Month Proclamation b. *Vote on Larry Trott for Willamette Education Service District Board of Directors, Zone 5 c. *Approve the sale of the Rosedale property and authorize the superintendent or the chief operations officer as the superintendent’s designee to execute all documents and take all actions necessary to complete the property transaction, with the proceeds to be recorded to the Asset Replacement Fund to support the transportation investment package financial plan to mitigate future impacts to the general operating fund.
7. CONSENT CALENDAR Chairperson a. *Acceptance of Grants b. *Approval of Personnel Action Items
8. READINGS Chairperson a. None
9. INFORMATION/STANDARD REPORTS Superintendent a. *Monitoring Data Report b. *2020-21 Student Investment Account (SIA) c. *Board Meeting Schedule Note: The June board meeting will be held June 15 instead of June 8 to allow focus on students and graduation the week of June 7-11.
10. BOARD REPORTS Chairperson
11. ADJOURNMENT Chairperson
*Support Material Included SALEM-KEIZER PUBLIC SCHOOLS SPOTLIGHTS 3.a May 11, 2021
SPOTLIGHT ON SUCCESS
Background/Discussion The superintendent and her executive cabinet are pleased to recognize the following individuals and/or groups for their outstanding work and/or contributions to our school district and community.
Honoring: Salem Health Recognition: Community Partner of the Month Presented by: Jodi Peterson, Coordinator of Health Services Management
Honoring: The Clypian – South Salem High School Student Newspaper Recognition: National Press Freedom Award 2021 Presented by: Lara Tiffin, Principal of South Salem High School
Honoring: Erik Jespersen, Principal of McNary High School Recognition: Oregon High School Principal of the Year 2021 Presented by: Iton Udosenata, Assistant Superintendent of Secondary Education
Recommendation/Board Action For Information Only
ACTION 6.a May 11, 2021
ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH PROCLAMATION
Bacground/Discussion Salem-Keizer Public Schools serves students of multiple ethnic and cultural backgrounds. The Asian American and Pacific Islander Heritage Month Proclamation for May 2021 recognizes and celebrates the numerous generational contributions Asian Americans and Pacific Islanders have made and continue to make in the United States of America. Salem-Keizer Public Schools celebrates and appreciates the hundreds of Asian American and Pacific Islander students we serve. Asian American and Pacific Islander Heritage Month is recognized nationally the month of May.
Recommendation/Board Action Staff recommends the board approve the Asian American and Pacific Islander Heritage Month Proclamation.
ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH PROCLAMATION
WHEREAS Salem-Keizer Public Schools is committed to reflecting the concerns and needs of the Asian American and Pacific Islander communities; and
WHEREAS Asian Americans and Pacific Islanders have played a significant role in America’s history, with their enormous contributions to science, arts, industry, government, and commerce; and
WHEREAS the term “Asian/Pacific” encompasses all of the Asian continent and the Pacific islands of Melanesia, which includes New Guinea, New Caledonia, Vanuatu, Fiji and the Solomon Islands in addition to Micronesia, which includes Marianas, Guam, Wake Island, Palau, Marshall Islands, Kiribati, Nauru and the Federated States of Micronesia and finally Polynesia, which includes New Zealand, Hawaiian Islands, Rotuma, Midway Islands, Samoa, American Samoa, Tonga, Tuvalu, Cook Islands, French Polynesia and Easter Island; and
WHEREAS traders from the Asia-Pacific region reached North America as early as the 16th century, but the first significant wave of immigration began during the late 1800s; and
WHEREAS citizens of the Marshall Islands, the Federated States of Micronesia, and Palau can live and work in the U.S. without visas and work permits because of a 1986 law called the Compact of Free Association, or COFA; and
WHEREAS a third of the Marshall Islands’ population has moved to the U.S., with the population growing exponentially in the Salem-Keizer area; and
WHEREAS five percent of Salem-Keizer students identify as Asian or Pacific Islander; and
WHEREAS 314 Salem-Keizer students identify as Marshallese and 310 students identify as Chuukese; and
WHEREAS the achievement of Asian and Pacific Islander students is improving, with graduation rates on the increase and dropout rates on the decrease; and
WHEREAS Salem-Keizer Public Schools is dedicated to providing resources to directly support continued achievement growth for Asian American and Pacific Islander students; and
WHEREAS only 2.36 percent of Salem-Keizer employees identify as Asian or Pacific Islander – 33 identify as Hawaiian and Pacific Islander and 93 identify as Asian; and
WHEREAS Salem-Keizer is committed to expanding employment opportunities for advancement of historically underserved populations;
NOW, THEREFORE, the Salem-Keizer School District Board of Directors proclaims May 2021 to be ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH and urges our community to join together in celebrating our students and staff of Asian and Pacific Island heritage and in making this period of rededication to the principles of justice and equality for all people.
______Satya Chandragiri, Chairperson, Board of Directors Date Salem-Keizer Public Schools ACTION 6.b May 11, 2021
CANDIDATE FOR WILLAMETTE EDUCATION SERVICE DISTRICT’S (WESD) BOARD OF DIRECTORS, ZONE 5
Background/Discussion The Willamette Education Service District (WESD) has a governance structure that differs from school districts. Of the nine-member board, five members are elected by the boards of the school districts WESD serves. This includes districts that have withdrawn from WESD. The remaining four members are then appointed by the newly elected WESD board members.
WESD policy requires the SKPS school board vote for candidates from the district’s zones to serve on WESD’s board of directors. The deadline to vote on a candidate is May 31, 2021. WESD will provide results of the vote by June 7, 2021.
There is one position for the WESD board in zone 5, Larry Trott.
Recommendation/Board Action The board is requested to vote on Larry Trott for the WESD board, zone 5.
ACTION 6.c May 11, 2021
SALE OF ROSEDALE SCHOOL PROPERTY
Background/Discussion Rosedale School has been owned by the school district since 1952 when the land was purchased for $10. It operated as Rosedale Elementary School, with approximately 160 students, until it was repurposed by the school board in December of 2011 as a consequence of the Great Recession. The school was leased to Abiqua School Foundation beginning in May of 2012 and subsequently listed for sale in 2015. At that time, the school board declared that, in the board’s judgment, the property was not required for school purposes. All due diligence has been completed for the eventual sale of the property, located at 6974 Bates Road South, Salem, including securing an appraisal agreed upon by both parties.
The board approved the sale at their March 10, 2020, meeting, but due to unforeseen complications the transaction was not finalized, which led to a termination in September 2020.
The district has received an updated negotiated offer from the previous buyer to purchase the Rosedale property for an agreed-upon price of $1,130,000, which is an increase of $25,000 over the previous price.
Recommendation/Board Action This item is presented for action as a continuation of the property transaction that was approved by the board on March 10, 2020.
Staff recommend the board approve the sale of the Rosedale property and authorize the superintendent or the chief operations officer as the superintendent’s designee to execute all documents and take all actions necessary to complete the property transaction, with the proceeds to be recorded to the Asset Replacement Fund to support the transportation investment package financial plan to mitigate future impacts to the general operating fund.
DocuSign Envelope ID: 44A85064-0B23-4059-83D1-A2519D9D528B5F1A1F79-AB31-48CE-B149-74C07C974706AE544EBC-198E-4D99-9DBE-019C1352DE02
HRE# 21-129
1 SELLER’S COUNTER OFFER No. 1 2 This is a counter offer to ☒ Sale Agreement or ☐ Buyer’s Counter Offer 3 Seller: Salem Keizer School District 24-J 4 Buyer: Joann Cunningham and/or assigns 5 The real property described as: 6974 Bates Road S, Salem, OR (Acct: R33178 / Parcel: 083W28BA00400) 6 7 AGREEMENT TO SELL: 8 Seller agrees to sell the real and personal property upon the terms and conditions set forth in the Sale 9 Agreement and subsequent counter offers where applicable, except as modified as follows: 10 11 1. Time of Acceptance: Seller and Buyer agree to extend the time of acceptance to the Purchase and Sales 12 Agreement dated April 2, 2021 to Monday, April 19, 2021 on/or before 5:00pm Pacific Time. 13 2. Section 1.1 “Personal Property”: Any personal property that belongs to the Salem Keizer School District 14 24-J that is listed in the lease agreement with Abiqua School Foundation and by assumption of the lease 15 would go to the Buyer. 16 3. Section 3 – Property Inspection: Buyer’s waiver of inspection contingency. Buyer is fully satisfied with 17 the condition of the Property and all elements and systems thereof and knowingly and voluntarily elects 18 to waive the right to have any inspections performed as a contingency to the Closing of this transaction. 19 Buyer’s election to waive the right of inspection is solely Buyer’s decision and at Buyer’s own risk. 20 4. Section 4 – Seller Documents: Seller has previously delivered to Buyer Copies of all documents 21 containing material information about the property Seller has in Seller’s possession or control, including 22 but not limited to documents and records relating to the ownership, operation and maintenance of the 23 Property. Seller agrees within five (5) days following the date Buyer and Seller have signed and accepted 24 this Agreement, Seller will deliver to Buyer a copy of the new executed lease agreement with Abiqua 25 School Foundation. Buyer shall have five (5) days after Buyer’s receipt from Seller of the lease 26 agreement and notify Seller of Buyer’s approval or disapproval. 27 5. Section 5 – Title Insurance: Within fifteen (15) business days after accepted Agreement, Seller shall 28 cause to be delivered to Buyer a preliminary title report from the title company selected by Seller. 29 6. Section 8 – Closing Costs: The Buyer is to pay any taxes, interest or penalties upon removal from any tax 30 deferral program. 31 7. Section 10 – Condition of Property: Seller represents that to the best of Sellers actual knowledge 32 without specific inquiry Seller is not aware of any such violations or any concealed material defects in 33 the Property. Buyer shall acquire the Property “AS IS” with all faults and Buyer has previously complete 34 its own inspections and investigations in Buyer’s acquisition of the Property and has waived their right to 35 have any further inspections conducted. 36 8. Section 11 – Operation of Property: Between the Execution Date and the Closing Date, Tenant (Abiqua 37 School Foundation) shall continue to operate, maintain and insure the Property consistent with Tenant’s 38 current operating practices. 39 9. Section 21.1.1 – Leases: Buyer or Buyer’s lender to provide Tenant Estoppel Certificates, if required, 40 within fifteen (15) days of accepted agreement. 41 42 All remaining terms and conditions of the Sale Agreement (and other counter offer(s), where applicable), not 43 otherwise modified, are approved and accepted by Seller. Time is of the essence. This Seller’s Counter Offer 44 shall automatically expire on Tuesday, April 20, 2021 at 4:00 ☐ a.m. ☒ p.m. (the Counter Offer Deadline”), if not 45 accepted within that time. If Buyer accepts this Seller’s Counter Offer after the Counter Offer Deadline, it shall 46 not be binding upon Seller unless agreed to by Seller in writing within 5 business days (two[2] if not filled in) 47 thereafter by so indicating at the seller’s Acknowledgement Section below. This Seller’s Counter Offer may be DocuSign Envelope ID: 44A85064-0B23-4059-83D1-A2519D9D528B5F1A1F79-AB31-48CE-B149-74C07C974706AE544EBC-198E-4D99-9DBE-019C1352DE02
HRE# 21-129
48 accepted by Buyer only in writing. However, Seller may withdraw this counter offer any time prior to Buyer’s 49 written acceptance. 50 51 Seller acknowledges receipt of a completely filled in copy of Buyer’s Counter Offer, and all subsequent counter 52 offers where applicable, which Seller has fully read and understands. Seller acknowledges that Seller has not 53 relied on any oral or written statements of any Buyer or of any Licensee(s) which are not expressly contained in 54 the Sale Agreement as amended. Seller instructs that all earnest money distributable to Seller pursuant to the 55 Sale Agreement shall be disbursed as follows after deduction of any title insurance and Escrow cancellation 56 charges: (check one ☐ First to Listing Firm, to the extent of the agreed commission just as if the transaction had 57 been consummated, with residue to Seller, or ☒ 100% to the Seller. 58 4/16/2021 59 Seller Signature Date a.m. p.m. 60 61 Seller Signature Date a.m. p.m. 62 63 64 BUYER’S RESPONSE (select only one): 65 ☐X Buyer accepts Seller’s Counter Offer. 66 ☐ Buyer does not accept Seller’s Counter Offer AND submits the attached Buyer’s Counter Offer. 67 ☐ Buyer rejects Seller’s Counter Offer. 68 Buyer acknowledges receipt of signed copies of the Sale Agreement and all subsequent counter offers including 69 this Seller’s Counter Offer, where applicable, which Buyer has fully read and understands. 70 4/16/2021 71 Buyer Signature Date a.m. p.m. 72 73 Buyer Signature Date a.m. p.m. 74 75 76 SELLER’S ACKNOWLEDGEMENT: 77 Seller acknowledges receipt of copies of the Sale Agreement and all subsequent counter offers, including this 78 Seller Counter Offer, which Seller has fully read and understands. If Buyer’s response to Seller’s Counter Offer is 79 an acceptance that has occurred after the Counter Offer Deadline identified in the Agreement to Sell Section 80 above, Seller (select only one) ☐ agrees ☐ does not agree, to be bound thereby. (The failure to check either 81 box shall constitute a rejection by Seller of Buyer’s acceptance of Seller’s Counter Offer after said deadline.) 82 4/23/2021 83 Seller Signature Date a.m. p.m. 84 85 Seller Signature Date a.m. p.m. 86 87 88 Note: If delivery/transmission occurs after the Counter Offer Deadline identified above, it will not become 89 binding upon Seller and Buyer unless the parties agree to extend said Deadline by an Addendum, 90 Counteroffer, or other writing, jointly signed by the parties. The parties' failure to do so shall be treated as a 91 rejection under Buyers Response, above, and this transaction shall be automatically terminated. 92 93 Selling Licensee Alex Rhoten Listing Licensee Terry Hancock 94 Selling Firm Coldwell Banker Commercial Mt. West Real Estate, LLC Listing Firm Hancock Real Estate 95 DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
COMMERCIAL ASSOCIATION OF BROKERS OREGON/SW WASHINGTON PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY (Oregon Commercial Form) ______AGENCY ACKNOWLEDGMENT
Buyer shall execute this Acknowledgment concurrent with the execution of the Agreement below and prior to delivery of that Agreement to Seller. Seller shall execute this Acknowledgment upon receipt of the Agreement by Seller, even if Seller intends to reject the Agreement or make a counter-offer. In no event shall Seller’s execution of this Acknowledgment constitute acceptance of the Agreement or any terms contained therein.
Pursuant to the requirements of Oregon Administrative Rules (OAR 863-015-0215), both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and by execution below acknowledge and consent to the agency relationships in the following real estate purchase and sale transaction as follows:
(a) Seller Agent: Terry Hancock of Hancock Real Estate firm (the “Selling Firm”) is the agent of (check one): Buyer exclusively; Seller exclusively; both Seller and Buyer (“Disclosed Limited Agency”).
(b) Buyer Agent: Alex Rhoten of Coldwell Banker Commercial firm (the “Buying Firm”) is the agent of (check one): Buyer exclusively; Seller exclusively; both Seller and Buyer (“Disclosed Limited Agency”).
If the name of the same real estate firm appears in both Paragraphs (a) and (b) above, Buyer and Seller acknowledge that a principal broker of that real estate firm shall become the Disclosed Limited Agent for both Buyer and Seller, as more fully set forth in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller and the named real estate agent(s).
ACKNOWLEDGED Buyer: (print) Joanne Cunningham and/or assigns (sign) ______Date: ______
Seller: (print) Salem Keizer School District 24-J (sign) ______Date: ______
______
[No further text appears on this page.] DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY
1 This PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY (this 2 “Agreement”)dated April 2, 2021, for reference purposes only, shall be effective on the date when this Agreement 3 has been executed and delivered by Seller and Buyer (the “Execution Date”): 4 5 BETWEEN: Salem Keizer School District 24-J (“Seller”) 6 Address: To be provided at Escrow 7 Office Phone: 8 Fax No.: 9 E-Mail: 10 11 AND: Joanne Cunningham and/or assigns (“Buyer”) 12 Address: 210 Snead Drive North, Keizer, OR 97303 13 Home Phone: 503 551 9856 14 E-Mail: [email protected] 15 16 17 1. Purchase and Sale. 18 19 1.1 Generally. In accordance with this Agreement, Buyer agrees to buy and acquire from Seller, and 20 Seller agrees to sell to Buyer the following, all of which are collectively referred to in this Agreement as the “Property:” 21 (a) the real property and all improvements thereon generally described or located at 6974 Bates Road S in the City of 22 Salem, County of Marion, Oregon legally described on Exhibit A, attached hereto (the “Real Estate”) (if no legal 23 description is attached, the legal description shall be based on the legal description provided in the 24 Preliminary Report (described in Section 5), subject to the review and approval of both parties hereto), including 25 all of Seller’s right, title and interest in and to all fixtures, appurtenances, and easements thereon or related thereto; (b) 26 all of Seller’s right, title and interest, if any, in and to any and all lease(s) to which the Real Estate is subject (each, a 27 “Lease”); and (c) any and all personal property located on and used in connection with the operation of the Real Estate 28 and owned by Seller (the “Personal Property”). If there are any Leases, see Section 21.1, below. The occupancies of 29 the Property pursuant to any Leases are referred to as the “Tenancies” and the occupants thereunder are referred to 30 as “Tenants.” If there is any Personal Property, see Section 21.2, below. 31 32 1.2 Purchase Price. The purchase price for the Property shall be One Million One Hundred Thirty 33 Thousand dollars ($1,130,000.00) (the “Purchase Price”). The Purchase Price shall be adjusted, as applicable, by 34 the net amount of credits and debits to Seller’s account at Closing (defined below) made by Escrow Holder pursuant 35 to the terms of this Agreement. The Purchase Price shall be payable as follows: 36 37 1.2.1 Earnest Money Deposit. 38 (a) Within Five (5) days of the Execution Date, Buyer shall deliver into Escrow (as defined 39 herein), for the account of Buyer, $20,000 as earnest money (the “Earnest Money”) in the form of: 40 Promissory note (the “Note”); Check; or Cash or other immediately available funds. 41 42 If the Earnest Money is being held by the Selling Firm Buying Firm, then the firm holding such Earnest Money 43 shall deposit the Earnest Money in the Escrow (as hereinafter defined) Selling Firm’s Client Trust Account 44 Buying Firm’s Clients’ Trust Account, no later than 5:00 PM Pacific Time three (3) business days after such firm’s 45 receipt, but in no event later than the date set forth in the first sentence of this Section 1.2.1(a). 46 47 (b) If the Earnest Money is in the form of a Note, it shall be due and payable no later 48 than 5:00 PM Pacific Time three (3) days after the Execution Date; after satisfaction or waiver by Buyer of the 49 conditions to Buyer’s obligation to purchase the Property set forth in this Agreement; or Other: . If the terms of DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
50 the Note and this Agreement conflict, the terms of this Agreement shall govern. If the Note is not redeemed and paid 51 in full when due, then: (i) the Note shall be delivered and endorsed to Seller (if not already in Seller’s possession); (ii) 52 Seller may collect the Earnest Money from Buyer, either pursuant to an action on the Note or an action on this 53 Agreement; and (iii) Seller shall have no further obligations under this Agreement. 54 55 (c) The purchase and sale of the Property shall be accomplished through an escrow (the 56 “Escrow”) that Seller has established or will establish with Amerititle – Tasha Walery (the “Escrow Holder”) within 57 Five days after the Execution Date. Except as otherwise provided in this Agreement: (i) any interest earned on the 58 Earnest Money shall be considered to be part of the Earnest Money; (ii) the Earnest Money shall be non-refundable 59 upon satisfaction or waiver of all Conditions as defined in Section 2.1; and (iii) the Earnest Money shall be applied to 60 the Purchase Price at Closing. 61 62 1.2.2 Balance of Purchase Price. Buyer shall pay the balance of the Purchase Price at Closing by 63 cash or other immediately available funds; or Other: Buyers 1031 exchange funds and lender financing 64 acceptable to Buyer. 65 66 1.3 Section 1031 Like-Kind Exchange. Each party acknowledges that either party (as applicable, the 67 “Exchanging Party”) may elect to engage in and affect a like-kind exchange under Section 1031 of the Internal Revenue 68 Code of 1986, as amended, involving the Property (or any legal lot thereof) (a “1031 Exchange”). The non-exchanging 69 party with respect to a 1031 Exchange is referred to herein as the “Cooperating Party.” Buyer and Seller each hereby 70 agrees to reasonably cooperate with the other in completing each such 1031 Exchange; provided, however, that such 71 cooperation shall be at the Exchanging Party’s sole expense and shall not delay the Closing for the Property. 72 Accordingly, the Exchanging Party may assign the Exchanging Party’s rights with respect to the Property (or any legal 73 lot thereof) to a person or entity for the purpose of consummating a 1031 Exchange (“Intermediary”), provided that 74 such assignment does not delay the Closing for the Property (or applicable legal lot thereof), or otherwise reduce or 75 diminish the Exchanging Party’s liabilities or obligations hereunder. Such assignment by the Exchanging Party shall 76 not release the Exchanging Party from the obligations of the Exchanging Party under this Agreement. The Cooperating 77 Party shall not suffer any costs, expenses or liabilities for cooperating with the Exchanging Party and shall not be 78 required to take title to the exchange property. The Exchanging Party agrees to indemnify, defend and hold the 79 Cooperating Party harmless from any liability, damages and costs arising out of the 1031 Exchange. 80 81 2. Conditions to Purchase. 82 83 2.1 Buyer’s obligation to purchase the Property is conditioned on the following: 84 85 Buyer hereby waives Buyers Inspection Contingency and General Conditions; 86 87 Within 15 days of the Execution Date, Buyer’s receipt of confirmation of satisfactory financing 88 (the “Financing Condition”) and removal of this condition; 89 90 The final sale approval from Salem Keizer School District 24-J Board. 91 92 The General Conditions, Financing Conditions or any other Conditions noted shall be defined as “Conditions.” 93 94 2.2 If, for any reason in Buyer’s sole discretion, Buyer has not timely given written waiver of the 95 Conditions set forth in Section 2.1, or stated in writing that such Conditions have been satisfied, by notice given to 96 Seller within the time periods for such conditions set forth above, this Agreement shall be deemed automatically 97 terminated, the Earnest Money shall be promptly returned to Buyer, and thereafter, except as specifically provided to 98 the contrary herein, neither party shall have any further right or remedy hereunder. 99 DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
100 3. Property Inspection. Seller shall permit Buyer and its agents, at Buyer’s sole expense and risk, to enter 101 the Property at reasonable times after reasonable prior notice to Seller and after prior notice by Seller to the Tenants 102 as required by the applicable Leases, if any, to conduct any and all inspections, tests, and surveys concerning the 103 structural condition of the improvements, all mechanical, electrical and plumbing systems, hazardous materials, pest 104 infestation, soils conditions, wetlands, Americans with Disabilities Act compliance, zoning, and all other matters 105 affecting the suitability of the Property for Buyer’s intended use and/or otherwise reasonably related to the purchase of 106 the Property including the economic feasibility of such purchase. If the transaction contemplated in this Agreement 107 fails to close for any reason (or no reason) as a result of the act or omission of Buyer or its agents, Buyer shall promptly 108 restore the Property to substantially the condition the Property was in prior to Buyer’s performance of any inspections 109 or work. Buyer shall indemnify, hold harmless, and defend Seller from all liens, costs, and expenses, 110 including reasonable attorneys’ fees and experts’ fees, arising from or relating to Buyer’s entry on and inspection of 111 the Property. This agreement to indemnify, hold harmless, and defend Seller shall survive Closing or any termination 112 of this Agreement. 113 114 4. Seller’s Documents. Within 5 days after the Execution Date, Seller shall deliver to Buyer or Buyer’s 115 designee, legible and complete copies of the following documents, including without limitation, a list of the Personal 116 Property, and other items relating to the ownership, operation, and maintenance of the Property to the extent now in 117 existence and to the extent such items are or come within Seller’s possession or control: . 118 119 5. Title Insurance. Within 10 days after the Execution Date, Seller shall cause to be delivered to Buyer a 120 preliminary title report from the title company (the “Title Company”) selected by Seller (the “Preliminary Report”), 121 showing the status of Seller’s title to the Property, together with complete and legible copies of all documents shown 122 therein as exceptions to title (“Exceptions”). Buyer shall have 10 days after receipt of a copy of the Preliminary Report 123 and Exceptions within which to give notice in writing to Seller of any objection to such title or to any liens or 124 encumbrances affecting the Property. Within 10 days after receipt of such notice from Buyer, Seller shall give Buyer 125 written notice of whether it is willing and able to remove the objected-to Exceptions. Without the need for objection by 126 Buyer, Seller shall, with respect to liens and encumbrances that can be satisfied and released by the payment of 127 money, eliminate such exceptions to title on or before Closing. Within 10 days after receipt of such notice from Seller 128 (the “Title Contingency Date”), Buyer shall elect whether to: (i) purchase the Property subject to those objected-to 129 Exceptions which Seller is not willing or able to remove; or (ii) terminate this Agreement. If Buyer fails to give Seller 130 notice of Buyer’s election, then such inaction shall be deemed to be Buyer’s election to terminate this Agreement. 131 On or before the Closing Date (defined below), Seller shall remove all Exceptions to which Buyer objects and which 132 Seller agrees, or is deemed to have agreed, Seller is willing and able to remove. All remaining Exceptions set forth in 133 the Preliminary Report and those Exceptions caused by or agreed to by Buyer shall be deemed “Permitted Exceptions.” 134 135 6. Default; Remedies. Notwithstanding anything to the contrary contained in this Agreement, in the event 136 Buyer fails to deposit the Earnest Money in Escrow strictly as and when contemplated under Section 1.2.1 above, 137 Seller shall have the right at any time thereafter, but prior to Buyer’s deposit of the Earnest Money to Escrow, to 138 terminate this Agreement and all further rights and obligations hereunder by giving written notice thereof to Buyer. If 139 the conditions, if any, to Buyer’s obligation to consummate this transaction are satisfied or waived by Buyer and Buyer 140 fails, through no fault of Seller, to close on the purchase of the Property, Seller’s sole remedy shall be to retain the 141 Earnest Money paid by Buyer. In the event Seller fails, through no fault of Buyer, to close the sale of the Property, 142 Buyer shall be entitled to pursue any remedies available at law or in equity, including without limitation, the return of 143 the Earnest Money paid by Buyer or the remedy of specific performance. In no event shall either party be entitled to 144 punitive or consequential damages, if any, resulting from the other party’s failure to close the sale of the Property. 145 146 7. Closing of Sale. 147 148 7.1 Buyer and Seller agree the sale of the Property shall be consummated, in Escrow, on or before 149 June 15, 2021 or N/A days after the conditions set forth in Sections 2.1, 3, 4 and 5 have been satisfied or waived DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
150 in writing by Buyer (the “Closing” or the “Closing Date”). The sale of the Property shall be deemed closed when the 151 document(s) conveying title to the Property is/are delivered and recorded and the Purchase Price is disbursed to Seller. 152 153 7.2 At Closing, Buyer and Seller shall deposit with the Escrow Holder all documents and funds required 154 to close the transaction in accordance with the terms of this Agreement. At Closing, Seller shall deliver a certification 155 in a form provided by the Escrow Holder confirming whether Seller is or is not a “foreign person” as such term is defined 156 by applicable law and regulations. 157 158 7.3 At Closing, Seller shall convey fee simple title to the Property to Buyer by statutory warranty deed 159 or (the “Deed”). At Closing, Seller shall cause the Title Company to deliver to Buyer a standard ALTA form 160 owner’s policy of title insurance (the “Title Policy”) in the amount of the Purchase Price insuring fee simple title to the 161 Property in Buyer subject only to the Permitted Exceptions and the standard preprinted exceptions contained in the 162 Title Policy. Seller shall reasonably cooperate in the issuance to Buyer of an ALTA extended form policy of title 163 insurance. Buyer shall pay any additional expense resulting from the ALTA extended coverage and any endorsements 164 required by Buyer. 165 166 8. Closing Costs; Prorations. Seller shall pay the premium for the Title Policy, provided, however, if Buyer 167 elects to obtain an ALTA extended form policy of title insurance and/or any endorsements, Buyer shall pay the 168 difference in the premium relating to such election. Seller and Buyer shall each pay one-half (1/2) of the escrow fees 169 charged by the Escrow Holder. Any excise tax and/or transfer tax shall be paid in accordance with the local custom 170 determined by the Title Company and applicable law. Real property taxes for the tax year of the Closing, assessments 171 (if a Permitted Exception), personal property taxes, rents and other charges arising from existing Tenancies paid for 172 the month of Closing, interest on assumed obligations, and utilities shall be prorated as of the Closing Date. If 173 applicable, prepaid rents, security deposits, and other unearned refundable deposits relating to Tenancies shall 174 be assigned and delivered to Buyer at Closing. Seller Buyer N/A shall be responsible for payment of all 175 taxes, interest, and penalties, if any, upon removal of the Property from any special assessment or program. 176 177 9. Possession. Seller shall deliver exclusive possession of the Property, subject to the Tenancies (if any) 178 existing as of the Closing Date, to Buyer on the Closing Date or . 179 180 10. Condition of Property. Seller represents that Seller has received no written notices of violation of any 181 laws, codes, rules, or regulations applicable to the Property (“Laws”). Seller represents that, to the best of Seller’s 182 knowledge without specific inquiry, Seller is not aware of any such violations or any concealed material defects in the 183 Property. Unless caused by Buyer, Seller shall bear all risk of loss and damage to the Property until Closing, and 184 Buyer shall bear such risk at and after Closing. Except for Seller’s representations set forth in this Section 10 and the 185 attached Exhibit E, Buyer shall acquire the Property “AS IS” with all faults and Buyer shall rely on the results of its own 186 inspection and investigation in Buyer’s acquisition of the Property. It shall be a condition of Buyer’s Closing obligation 187 that all of Seller’s representations and warranties stated in this Agreement are materially true and correct on the Closing 188 Date. Seller’s representations and warranties stated in this Agreement shall survive Closing for one (1) year. 189 190 11. Operation of Property. Between the Execution Date and the Closing Date, Seller shall continue to 191 operate, maintain and insure the Property consistent with Seller’s current operating practices. After Buyer has satisfied 192 or waived the conditions to Buyer’s obligation to purchase the Property, and the Earnest Money is non-refundable, 193 Seller may not, without Buyer’s prior written consent, which consent shall not be unreasonably withheld, conditioned, 194 or delayed, enter into: (a) any new leases or occupancy agreements for the Property; (b) any material amendments 195 or modification agreements for any existing leases or occupancy agreements for the Property; or (c) any service 196 contracts or other agreements affecting the Property that are not terminable at the Closing. 197 198 12. Assignment. Assignment of this Agreement: is PROHIBITED; is PERMITTED, without consent 199 of Seller; is PERMITTED ONLY UPON Seller’s written consent; is PERMITTED ONLY IF the assignee is an 200 entity owned and controlled by Buyer. Assignment is PROHIBITED, if no box is checked. If Seller’s written consent DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
#+!" is required for assignment, such consent may be withheld in Seller’s reasonable discretion. In the event of a permitted #+#" assignment, Buyer shall remain liable for all Buyer’s obligations under this Agreement. #+$" #+%" 13. Arbitration. IF AND ONLY IF THIS SECTION IS INITIALED BY EACH OF BUYER AND SELLER, THE #+&" FOLLOWING SHALL APPLY TO THIS AGREEMENT: #+'" #+(" ANY DISPUTE BETWEEN BUYER AND SELLER RELATED TO THIS AGREEMENT, THE PROPERTY, OR THE #+)" TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT WILL BE RESOLVED BY ARBITRATION GOVERNED #+*" BY THE OREGON UNIFORM ARBITRATION ACT (ORS 36.600 et seq.) AND, TO THE EXTENT NOT #!+" INCONSISTENT WITH THAT STATUTE, CONDUCTED IN ACCORDANCE WITH THE RULES OF PRACTICE AND #!!" PROCEDURE FOR THE ARBITRATION OF COMMERCIAL DISPUTES OF ARBITRATION SERVICES OF #!#" PORTLAND (“ASP”). THE ARBITRATION SHALL BE CONDUCTED IN PORTLAND, OREGON AND #!$" ADMINISTERED BY ASP, WHICH WILL APPOINT A SINGLE ARBITRATOR HAVING AT LEAST FIVE (5) YEARS #!%" EXPERIENCE IN THE COMMERCIAL REAL ESTATE FIELD IN THE GEOGRAPHIC AREA (IF BLANK IS NOT #!&" COMPLETED, PORTLAND METROPOLITAN AREA). ALL ARBITRATION HEARINGS WILL BE COMMENCED #!'" WITHIN THIRTY (30) DAYS OF THE DEMAND FOR ARBITRATION UNLESS THE ARBITRATOR, FOR SHOWING #!(" OF GOOD CAUSE, EXTENDS THE COMMENCEMENT OF SUCH HEARING. THE DECISION OF THE #!)" ARBITRATOR WILL BE BINDING ON BUYER AND SELLER, AND JUDGMENT UPON ANY ARBITRATION AWARD #!*" MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES ACKNOWLEDGE THAT, BY ##+" AGREEING TO ARBITRATE DISPUTES, EACH OF THEM IS WAIVING CERTAIN RIGHTS, INCLUDING ITS RIGHTS ##!" TO SEEK REMEDIES IN COURT (INCLUDING A RIGHT TO A TRIAL BY JURY), TO DISCOVERY PROCESSES ###" THAT WOULD BE ATTENDANT TO A COURT PROCEEDING, AND TO PARTICIPATE IN A CLASS ACTION. ##$" ##%" Initials of Buyer Initials of Seller ##&" ##'" 14. Attorneys’ Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, ##(" including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an attorney ##)" are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to this ##*" Agreement, the prevailing or non-defaulting party shall be entitled to recover from the losing or defaulting party its #$+" attorneys’, paralegals’, accountants’, and other experts’ fees and all other fees, costs, and expenses actually incurred #$!" in connection therewith (the “Fees”). In the event of suit, action, arbitration, or other proceeding, the amount of Fees #$#" shall be determined by the judge or arbitrator, shall include all costs and expenses incurred on any appeal or review, #$$" and shall be in addition to all other amounts provided by law. #$%" #$&" 15. Statutory Notice. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE #$'" PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND #$(" REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A #$)" RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS #$*" 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING #%+" FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND #%!" 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, #%#" CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE #%$" SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY #%%" SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE #%&" UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS #%'" 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE #%(" OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING #%)" PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO #%*" 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND #&+" SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. #&!" DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
252 16. Cautionary Notice About Liens. UNDER CERTAIN CIRCUMSTANCES, A PERSON WHO PERFORMS 253 CONSTRUCTION-RELATED ACTIVITIES MAY CLAIM A LIEN UPON REAL PROPERTY AFTER A SALE TO THE 254 PURCHASER FOR A TRANSACTION OR ACTIVITY THAT OCCURRED BEFORE THE SALE. A VALID CLAIM MAY 255 BE ASSERTED AGAINST THE PROPERTY THAT YOU ARE PURCHASING EVEN IF THE CIRCUMSTANCES THAT 256 GIVE RISE TO THAT CLAIM HAPPENED BEFORE YOUR PURCHASE OF THE PROPERTY. THIS INCLUDES, 257 BUT IS NOT LIMITED TO, CIRCUMSTANCES WHERE THE OWNER OF THE PROPERTY CONTRACTED WITH A 258 PERSON OR BUSINESS TO PROVIDE LABOR, MATERIAL, EQUIPMENT OR SERVICES TO THE PROPERTY 259 AND HAS NOT PAID THE PERSONS OR BUSINESS IN FULL. 260 261 17. Brokerage Agreement. For purposes of Sections 14 and 17 of this Agreement, the Agency 262 Acknowledgement on page 1 this Agreement is incorporated into this Agreement as if fully set forth herein. Seller 263 agrees to pay a commission to Selling Firm in the amount of Five percent (5%) of the Purchase Price. Such 264 commission shall be divided between Selling Firm and Buying Firm such that Selling Firm receives Two and a half 265 percent (2.5%) and Buying Firm receives Two and a half percent (2.5%). Seller shall cause the Escrow Holder to 266 deliver to Selling Firm and Buying Firm the real estate commission on the Closing Date. 267 268 18. Notices. Unless otherwise specified, any notice required or permitted in, or related to this Agreement 269 must be in writing and signed by the party to be bound. Any notice will be deemed delivered: (a) when personally 270 delivered; (b) when delivered by facsimile or electronic mail transmission (in either case, with confirmation of delivery); 271 (c) on the day following delivery of the notice by reputable overnight courier; or (d) on the day following delivery of the 272 notice by mailing by certified or registered U.S. mail, postage prepaid, return receipt requested; and in any case shall 273 be sent by the applicable party to the address of the other party shown at the beginning of this Agreement, unless that 274 day is a Saturday, Sunday, or federal or Oregon State legal holiday, in which event such notice will be deemed delivered 275 on the next following business day. 276 277 19. Miscellaneous. Time is of the essence of this Agreement. If the deadline under this Agreement for 278 delivery of a notice or performance of any obligation is a Saturday, Sunday, or federal or Oregon State legal holiday, 279 such deadline will be deemed extended to the next following business day. The facsimile and/or electronic mail 280 transmission of any signed document including this Agreement in accordance with Section 18 shall be the same as 281 delivery of an original. At the request of either party, the party delivering a document by facsimile and/or electronic 282 mail will confirm such transmission by signing and delivering to the other party a duplicate original document. This 283 Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall 284 constitute one and the same Agreement. This Agreement contains the entire agreement and understanding of the 285 parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements 286 between them. Without limiting the provisions of Section 12 of this Agreement, this Agreement shall be binding upon 287 and shall inure to the benefit of Buyer and Seller and their respective successors and assigns. Solely with respect to 288 Sections 14 and 17, Selling Firm and Buying Firm are third party beneficiaries of this Agreement. The person signing 289 this Agreement on behalf of Buyer and the person signing this Agreement on behalf of Seller each represents, 290 covenants and warrants that such person has full right and authority to enter into this Agreement and to bind the party 291 for whom such person signs this Agreement to its terms and provisions. Neither this Agreement nor a memorandum 292 hereof shall be recorded unless the parties otherwise agree in writing. 293 294 20. Governing Law. This Agreement is made and executed under, and in all respects shall be governed and 295 construed by, the laws of the State of Oregon. 296 297 21. Lease(s) and Personal Property. 298 299 21.1 Leases. 300 301 21.1.1 If required by Buyer or Buyer’s lender and provided for in such Tenant’s Lease, Seller shall 302 use commercially reasonable efforts to deliver to Buyer, at least Five (5) days (three (3) if not filled in) before the DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
303 Closing Date, a Tenant estoppel certificate, reasonably acceptable to Buyer, pertaining to each Lease at the Property 304 in effect as of the Closing Date (each, a “Tenant Estoppel”). Such Tenant Estoppels shall be dated no more than 305 days (fifteen (15) if not filled in) prior to the Closing Date and shall certify, among other things: (a) that the Lease is 306 unmodified and in full force and effect, or is in full force and effect as modified, and stating the modifications; (b) the 307 amount of the rent and the date to which rent has been paid; (c) the amount of any security deposit held by Seller; and 308 (d) that neither party is in default under the Lease or if a default by either party is claimed, stating the nature of any 309 such claimed default. If Seller has not obtained Tenant Estoppels from all Tenants of the Property, then Seller shall 310 execute and deliver to Buyer a Tenant Estoppel with respect to any such Lease setting forth the information required 311 by this Section 21.1 and confirming the accuracy thereof. 312 313 21.1.2 If applicable, the assignment of the Lease(s) by Seller, and assumption of the Lease(s) by 314 Buyer shall be accomplished by executing and delivering to each other through Escrow an Assignment of Lessor’s 315 Interest under Lease substantially in the form of Exhibit B attached hereto (the “Assignment”). 316 317 21.2 Personal Property. If applicable, Seller shall convey all Personal Property to Buyer by 318 executing and delivering to Buyer at Closing through Escrow (as defined below), a Bill of Sale substantially in the form 319 of Exhibit C attached hereto (the “Bill of Sale”). A list of such Personal Property shall be attached to the Bill of Sale. 320 321 22. Residential Lead-Based Paint Disclosure. IF THE PROPERTY CONSISTS OF RESIDENTIAL 322 HOUSING BUILT PRIOR TO 1978, BUYER AND SELLER MUST COMPLETE THE LEAD-BASED PAINT 323 DISCLOSURE ADDENDUM ATTACHED HERETO AS EXHIBIT D. 324 325 23. Addenda; Exhibits. The following named addenda and exhibits are attached to this Agreement and 326 incorporated within this Agreement: 327 Exhibit A – Legal Description of Property [REQUIRED] 328 Exhibit B – Assignment of Lessor’s Interest under Lease (if applicable) Provided prior to closing 329 Exhibit C – Bill of Sale (if applicable) Omitted 330 Exhibit D – Lead Paint Disclosure Addendum (if applicable) Omitted 331 Exhibit E – AS IS Exceptions (if applicable) Omitted 332 333 334 24. Time for Acceptance. If Seller does not return to Buyer a signed and dated version of this Agreement on 335 or before 5:00 PM Pacific Time on April 15th, 2021, then the Earnest Money shall be promptly refunded to Buyer and 336 thereafter, neither party shall have any further right or obligation hereunder. 337 338 25. OFAC Certification. The Federal Government, Executive Order 13224, requires that business persons 339 of the United States not do business with any individual or entity on a list of “Specially Designated nationals and Blocked 340 Persons” - that is, individuals and entities identified as terrorists or other types of criminals. Buyer hereinafter certifies 341 that: 342 343 25.1 It is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation 344 named by any Executive Order or the United States Treasury Department as a terrorist, specially designated national 345 and/or blocked person, entity, nation, or transaction pursuant to any law, order, rule, or regulation that is enforced or 346 administered by the Office of Foreign Assets Control; and 347 348 25.2 It has not executed this Agreement, directly or indirectly on behalf of, or instigating or 349 facilitating this Agreement, directly or indirectly on behalf of, any such person, group, entity, or nation. 350 351 Buyer hereby agrees to defend, indemnify, and hold harmless Seller from and against any and all claims, damages, 352 losses, risks, liabilities, and expenses (including attorney’s fees and costs) arising from or related to any breach of the DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
353 foregoing certification. This certification by Buyer and agreement to indemnify, hold harmless, and defend Seller shall 354 survive Closing or any termination of this Agreement. 355 4/2/2021 356 Buyer Signature: ______Date: ______357 358 CONSULT YOUR ATTORNEY. THIS DOCUMENT HAS BEEN PREPARED FOR SUBMISSION TO YOUR 359 ATTORNEY FOR REVIEW AND APPROVAL PRIOR TO SIGNING. NO REPRESENTATION OR 360 RECOMMENDATION IS MADE BY THE COMMERCIAL ASSOCIATION OF BROKERS OREGON/SW 361 WASHINGTON OR BY THE REAL ESTATE AGENTS INVOLVED WITH THIS DOCUMENT AS TO THE LEGAL 362 SUFFICIENCY OR TAX CONSEQUENCES OF THIS DOCUMENT. 363 364 THIS FORM SHOULD NOT BE MODIFIED WITHOUT SHOWING SUCH MODIFICATIONS BY REDLINING, 365 INSERTION MARKS, OR ADDENDA. 366 367 Buyer Joanne Cunningham and/or assigns 368 369 By: 370 371 Name: Joanne Cunningham 372 Buyer 373 Title: 374 4/2/2021 375 Date: 376 377 Seller Acceptance. By execution of this Agreement, Seller agrees to sell the Property on the terms and conditions in 378 this Agreement. 379 380 Seller Salem Keizer School District 24-J 381 382 By: 383 384 Name: 385 386 Title 387 388 Date: 389 390
Seller does not accept the above offer, but makes the attached Seller Counter No. 1 as their counter offer. Sellers initial is for acknowledgment purposes of document only and is not an acceptance in anyway.
______Seller Initials 4/16/2021 ______Date DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
(Legal to be provided by escrow)
6974 Bates Road S, Salem, OR 97306
DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
EXHIBIT B
1 RECORDING REQUESTED BY AND 2 WHEN RECORDED MAIL TO: 3 Company: 4 Address: 5 City, State, Zip 6 7 ASSIGNMENT OF LEASES 8 9 THIS ASSIGNMENT OF LEASES (this “Assignment”) is made and entered into as of this day of , , 10 by and between , a (“Assignor”), and , a (“Assignee”). 11 12 RECITALS 13 14 This Assignment is entered into on the basis of and with respect to the following facts, agreements and 15 understandings: 16 17 A. On , , Assignor, as “Lessor,” and , as “Lessee,” entered into a certain Lease, pursuant to 18 which said Lessor leased to said Lessee certain real property in the City of , County of , State of (the 19 “Premises”), which Premises are a portion of the property more particularly described on Exhibit A, attached hereto 20 and made part hereof by this reference (the “Property”). Said Lease is hereinafter referred to as the “Lease.” 21 22 B. By an instrument dated of even date herewith and recorded prior to this instrument, Assignor sold and 23 conveyed its fee interest in and to the Property to Assignee and, in conjunction therewith, Assignor agreed to assign 24 its interest as Lessor under the Lease to Assignee and Assignee agreed to assume the obligations of the Lessor under 25 the Lease, all as more particularly set forth in this Assignment. 26 27 NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and agreements 28 set forth herein, Assignor and Assignee agree as follows: 29 30 1. Assignment. Assignor hereby sells, assigns, grants, transfers and sets over to Assignee, its heirs, 31 personal representatives, successors and assigns, all of Assignor’s right, title and interest as Lessor under the Lease. 32 33 2. Acceptance of Assignment and Assumption of Obligations. Assignee hereby accepts the 34 assignment of the Lessor’s interest under the Lease and, for the benefit of Assignor, assumes and agrees faithfully to 35 perform all of the obligations which are required to be performed by the Lessor under the Lease on or after the Effective 36 Date (defined below). 37 38 3. Effective Date. The effective date of this Assignment and each and every provision hereof is and 39 shall be (the “Effective Date”). (If no dated is identified, the Effective Date shall be the date the deed from 40 Assignor to Assignee is recorded.) 41 42 4. Assignor’s Indemnity of Assignee. Assignor hereby agrees to defend (with counsel reasonably 43 satisfactory to Assignee) and indemnify Assignee, its heirs, personal representatives, successors and assigns, and 44 each of them, from and against any and all claims, suits, demands, causes of action, actions, liabilities, losses, 45 damages, costs and expenses (including attorneys’ fees) arising out of or resulting from any act or omission committed 46 or alleged to have been committed by Assignor as Lessor under the Lease, including without limitation any breach or 47 default committed or alleged to have been committed by the Lessor under the Lease, prior to the Effective Date. 48 DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
49 5. Assignee’s Indemnity of Assignor. Assignee, for itself and on behalf of its heirs, personal 50 representatives, successors and assigns, hereby agrees to defend (with counsel reasonably satisfactory to Assignor) 51 and indemnify Assignor, its partners, and their respective directors, officers, employees, agents, representatives, 52 successors and assigns, and each of them, from and against any and all claims, suits, demands, causes of action, 53 actions, liabilities, losses, damages, costs and expenses (including attorneys’ fees) arising out of or resulting from any 54 act or omission committed or alleged to have been committed by Assignee, its heirs, personal representatives, 55 successors and assigns, as Lessor under the Lease, including without limitation any breach or default committed or 56 alleged to have been committed by the Lessor under the Lease, on or after the Effective Date. 57 58 6. Successors and Assigns. This Assignment, and each and every provision hereof, shall bind and 59 inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 60 61 7. Governing Law. This Assignment shall be construed and interpreted and the rights and obligations 62 of the parties hereto determined in accordance with the laws of the state where the Property is located. 63 64 8. Headings and Captions. The headings and captions of the paragraphs of this Assignment are for 65 convenience and reference only and in no way define, describe or limit the scope or intent of this Assignment or any 66 of the provisions hereof. 67 68 9. Gender and Number. As used in this Assignment, the neuter shall include the feminine and 69 masculine, the singular shall include the plural and the plural shall include the singular, as the context may require. 70 71 10. Multiple Counterparts. This Assignment may be executed in counterparts, each of which shall be 72 deemed an original, but all of which together shall constitute one and the same instrument. 73 74 11. Attorneys’ Fees. In the event a suit, action, arbitration, or other proceeding of any nature 75 whatsoever, including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the services 76 of an attorney are retained, to interpret or enforce any provision of this Assignment or with respect to any dispute 77 relating to this Assignment, the prevailing or non-defaulting party shall be entitled to recover from the losing or defaulting 78 party its attorneys’, paralegals’, accountants’, and other experts’ fees and all other fees, costs, and expenses actually 79 incurred in connection therewith (the “Fees”). In the event of suit, action, arbitration, or other proceeding, the amount 80 of Fees shall be determined by the judge or arbitrator, shall include all costs and expenses incurred on any appeal or 81 review, and shall be in addition to all other amounts provided by law. 82 83 IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the respective dates set 84 opposite their signatures below, but this Assignment on behalf of such party shall be deemed to have been dated as 85 of the date first above written. 86 87 ASSIGNOR: 88 89 ASSIGNEE: 90 91 [Acknowledgement page follows.] 92 DocuSign Envelope ID: 37BA6DEB-265A-464D-B9FB-6DE5551A846CD98CDB75-DAD2-4822-8981-257C7C4E9505
93 Acknowledgment for Assignor 94 95 STATE OF______) 96 ) ss. 97 County of ______) 98 99 This instrument was acknowledged before me this ______day of ______, 2______, by 100 ______as ______of ______a(n) ______, on behalf of 101 the ______. 102 103 104 Notary Public for Oregon 105 Printed Name: 106 My Commission Expires: 107 108 109 110 Acknowledgment for Assignee 111 112 STATE OF______) 113 ) ss. 114 County of ______) 115 116 This instrument was acknowledged before me this ______day of ______, 2______, by 117 ______as ______of ______a(n) ______, on behalf of 118 the ______. 119 120 121 Notary Public for Oregon 122 Printed Name: 123 My Commission Expires: CONSENT CALENDAR 7.a May 11, 2021
APPROVAL OF GRANT ACCEPTANCE
Background/Discussion Grant funds for special projects, which are consistent with district goals and objectives, are recognized as desirable funding sources. Each year millions of dollars in grant fund budgets are submitted to the school board for approval.
GP921 Speech/Language Pathologist Scholarship Program Student Services This grant will provide $10,000 per qualifying participant to assist with tuition costs associated with the completion of the SLP certification program and $400 mentoring/supervision stipend to assist with providing the required supervision by a licensed Speech Language Pathologist.
Funding Breakdown: $10,400 Support Services $10,400 Funding Source: ODE
GK221 Pathways for Recovery and Return Student Services This grant supports supplementary education for students with disabilities, specifically addressing skill loss, to proactively prepared students for transition between instructional models, or to provide compensatory education services for students impacted by the coronavirus disease 2019 (COVID-19) and the state’s Distance Learning for All and Comprehensive Distance Learning guidance.
Funding Breakdown: $337,780 Instruction $324,632 Support Services $13,148 Funding Source: ODE
GH921 IDEA, Part B, Section 611 Student Services IDEA funds provide for the excess costs of special education and related services to students with disabilities. This grant primarily supports special education staffing and professional development related to serving students with disabilities.
Funding Breakdown: $7,342,418 Instruction $4,364,179 Support Services $2,978,239 Funding Source: ODE
Recommendation/Board Action Staff recommends the board approve the grant/contract budgets and authorize the chief operations officer to enter into a contract with the organizations in the above listed grant/contract awards. Additionally, the board is requested to authorize an inter-fund loan if necessary from the General Fund to the Special Revenue Fund for the period between program expenditures and the receipt of program reimbursement. Money so loaned will be returned to the General Fund.
CONSENT CALENDAR 7.b May 11, 2021 PERSONNEL ACTIONS
Licensed Actions Last First Location Start Date End Date Status Nelson Rachel South Salem High School 4/13/21 6/17/21 Less than half-time
Last First Location Start Date End Date Status James Julie Human Resources 4/7/21 6/17/21 Temporary part-time
Last First Location Start Date End Date Status Chapman Graham Waldo Middle School 8/31/21 6/17/22 Temporary full-time Deerwester Dezarey Whiteaker Middle School 4/28/21 6/17/21 Temporary full-time Douglass Emily Leslie Middle School 4/26/21 5/28/21 Temporary full-time Eaton Marisa Claggett Creek Middle School 4/12/21 6/17/21 Temporary full-time Evans Cheryl Straub Middle School 4/13/21 6/17/21 Temporary full-time Hare Carrie Leslie Middle School 8/31/21 6/17/22 Temporary full-time Huth Kristen Hallman Elementary 4/23/21 6/17/21 Temporary full-time Jacome Valeria Keizer Elementary 4/22/21 6/17/21 Temporary full-time Johnson Sidney Yoshikai Elementary 5/3/21 6/22/21 Temporary full-time Keene Kailey Kalapuya Elementary 5/3/21 6/17/21 Temporary full-time Keene Kailey Kalapuya Elementary 8/31/21 6/17/22 Temporary full-time Kendall Jessica McKay High School 8/31/21 6/17/22 Temporary full-time Macedo Karen Lee Elementary 4/19/21 6/17/21 Temporary full-time Macedo Karen Lee Elementary 8/31/21 6/17/22 Temporary full-time McGrath Jeffrey "Kyle" McNary High School 4/12/21 6/17/21 Temporary full-time Ortega Gerilee Harritt Elementary 4/7/21 6/17/21 Temporary full-time Reyes Noemi Hayesville Elementary 5/10/21 6/17/21 Temporary full-time Simauw Natascha EDGE Online Academy 4/12/21 5/7/21 Temporary full-time Weigel Heidi Brush College Elementary 4/15/21 6/17/21 Temporary full-time
Last First Location Start Date End Date Status Guevara-Cruz Carlos Houck Middle School 4/12/21 6/17/22 First year probation full-time Hamilton Sara To Be Determined 8/31/21 6/17/22 First year probation full-time Lewey Kelsey Student Services 8/31/21 6/17/22 First year probation full-time Loss Kevin Student Services 8/31/21 6/17/22 First year probation full-time MacGregor Wendy Student Services 5/17/21 6/17/22 First year probation full-time McCoy Kim McKay High School 5/10/21 6/17/22 First year probation full-time Reid Allison Student Services 8/31/21 6/17/22 First year probation full-time Snyder Nicholas Sprage High School 8/31/21 6/17/22 First year probation full-time Thoreson Madeline McNary High School 8/31/21 6/17/22 First year probation full-time Vermilya Dawn Student Services 5/11/21 6/17/22 First year probation full-time
Last First Location Start Date End Date Status Weber Andrew McKay High School 4/19/21 6/17/22 Second year probation full-time
Administrator Actions Last First Location Start Date End Date Status Kim Donovan McKay High School 7/1/21 6/30/22 First year probation full-time Perez Laura Curriculum & Instruction 7/1/21 6/30/22 Temporary full-time PERSONNEL ACTIONS
Resignation Last First Location Eff. Date Action Bevard Jenna Swegle Elementary 6/22/21 Resignation Boykin Jozlyn North Salem High School 6/22/21 Resignation Carcamo-Yague Jorge Swegle Elementary 6/22/21 Resignation Cramer Megan Whiteaker Middle School 6/22/21 Resignation Gillette Matthew Stephens Middle School 6/22/21 Resignation Greenwood Angela CTEC 6/22/21 Resignation Harrison Meghan Sumpter Elementary 6/22/21 Resignation Kauffman Janis Student Services 5/14/21 Resignation Miller Kory McKay High School 6/30/21 Resignation Nelson Christopher McNary High School 6/22/21 Resignation Prange Taber Margaret Student Services 6/22/21 Resignation Puscas Tatiana Clear Lake Elementary 6/22/21 Resignation Schmitt Priya Auburn Elementary 6/22/21 Resignation Shermer Adria Student Services 6/22/21 Resignation Sproles Kraig Curriculum & Instruction 6/30/21 Resignation Stutzman Amber Student Services 6/22/21 Resignation Trivino Lopez Angela Yoshikai Elementary 6/22/21 Resignation Van Belle Christine Student Services 6/22/21 Resignation Ward Megan Student Services 6/22/21 Resignation Whitmire Caroline Hoover Elementary 6/22/21 Resignation Wilson Jennifer Leslie Middle School 6/22/21 Resignation Wright Leah Gubser Elementary 6/22/21 Resignation
Retire Last First Location Eff. Date Action Auer-Palmer Melinda Student Services 6/30/21 Retirement DeSantis Tina Claggett Creek Middle School 6/22/21 Retirement Gilman Mark North Salem High School 6/30/21 Retirement Kersten Catherine Curriculum & Instruction 6/30/21 Retirement Knecht Dottie South Salem High School 6/30/21 Retirement Long Lorie EDGE Online Academy 6/30/21 Retirement O'Connell James Sprague High School 6/30/21 Retirement Paulson Karl Forest Ridge Elementary 6/30/21 Retirement Perez Laura Curriculum & Instruction 6/30/21 Retirement
Rescind the Board Action of April 13, 2021; approving Mandy Pack first year probation full-time Assistant Principal position at a location to be determined. INFORMATION/STANDARD REPORTS 9.a May 11, 2021
MONITORING DATA REPORT
Background/Discussion This is a monthly data report requested by the school board. The board agreed that the following metrics were to be provided to the board on a monthly basis and recognized that the law enforcement referrals and suicide risk assessment data would begin Fall of 2021.
• Major Discipline Incidents • Law Enforcement Referrals • Attendance • Suicide Risk Assessments • Student Threat Assessments • Sexual Incident Response • Fire-starting
Recommendation/Board Action This report is presented in written form only for the board’s information. SKPS MONTHLY MONITORING DATA (Data as of April 2021)
Sense of Belonging (No changes since last distribution)
With the subscription to Panorama in 2018-2019, SKPS was able to gauge for the first-time students’ sense of belonging in their school environments. Sense of belonging is an important and complex metric in that it measures student perceptions on topics such as respect shown to student, being understood as a person, and connection to school-based adults. The charts below represent the overall sense of belonging for elementary and secondary disaggregated by EL status and race/ethnicity. Data collected in the fall of 2020 are not included in these charts as we measured general feelings of positivity and negativity due to the pandemic closure and transition to fulltime distance learning.
• Elementary students in all races and ethnicities in grades 3-5 reported a greater sense of belonging in Fall 2019 compared to the first measure completed during the 2018-19 school year. • 2018-19: Least favorable question: How much respect do students at your school show you? 51% favorable • Fall 2019: Least favorable question: How well do people at your school understand you as a person? 57% favorable • Fall 2019: Most favorable question: How much support do the adults at your school give you? 77% favorable
SKPS Monthly Monitoring Data P a g e | 1 April 2021
• American Indian / Alaskan Native and Native Hawaiian / Other Pacific Islander students reported feeling a greater sense of belonging in Fall 2019 than during the 2018-19 school year. • Hispanic students and students identifying as Two or More races or ethnicities reported feeling a slightly less sense of belonging in Fall 2019 than during the 2018-19 school year. • 2018-19: Least favorable question: How connected do you feel to the adults at your school? 23% favorable • Fall 2019: Least favorable question: How connected do you feel to the adults at your school? 26% favorable • Fall 2019: Most favorable question: Overall, how much do you feel you belong at your school? 49% favorable
SKPS Monthly Monitoring Data P a g e | 2 April 2021 Attendance Rates 20-21
Attendance rates are monitored as one indicator of student engagement. Research show that as young as grade kindergarten, attendance patterns are correlated to later academic outcomes such as graduation. In addition, irregular attendance patterns may indicate that a student is struggling with barriers to accessing education, physical or social-emotional health of themselves or a family member, or a sense of connectedness with the school community. The tables that follow show monthly and year-to-date rates for elementary, middle, and high school levels disaggregated race and ethnicity. Attendance rates have declined at every level since the start of the school year. American Indian/Alaskan Native student attendance declined the most since the start of the school year, 8.44, 8.14, and 9.19 percentage points at the elementary, middle, and high school level respectively.
Attendance Rates (%) by Level by Race and Ethnicity 2020-21
K-12 Overall Attendance Rates (%) 2020-21
Race and Ethnicity Sep Oct Nov Dec Jan Feb Mar Apr Total American Indian / Alaskan Native 90.42 81.88 82.31 82.76 83.00 82.08 77.41 79.13 82.05 Asian 96.77 94.87 95.18 95.30 94.56 95.15 92.47 92.51 94.48 Black / African American 90.74 84.95 86.04 86.31 85.21 85.73 81.95 81.87 85.09 Hispanic 90.43 84.02 84.19 83.41 83.58 84.60 80.08 81.35 83.65 Native Hawaiian / Other Pacific Islander 87.44 78.68 79.35 79.09 77.64 78.85 71.45 73.35 77.74 Two or More 93.38 88.05 88.07 87.40 87.41 87.75 85.28 85.54 87.63 White 94.56 90.15 89.73 89.50 88.83 89.28 86.69 87.28 89.31 Total 92.54 87.10 87.02 86.54 86.24 86.95 83.39 84.20 86.49
SKPS Monthly Monitoring Data P a g e | 3 April 2021 Major Discipline Incidents
Major discipline incidents are typically those that pose a direct threat to the health or safety of students or school employees. When a major discipline incident occurs, the student’s family is contacted, the incident is documented with an office discipline referral (ODR), and a school official, typically an administrator, determines an appropriate school-level response to the incident. Responses may include wrap-around services, restoration, detention, in-school or out-of-school suspension, expulsion, or other consequence. The first six months of the 2020-21 school year were spent in Comprehensive Distance Learning (CDL). Major discipline incidents may have occurred virtually while in CDL or in-person after levels transitioned to Hybrid Learning. The increase in major discipline incidents corresponds to the transition to Hybrid Learning.
K-12 Major Discipline Incidents 2020-21
Offense Oct Nov Dec Jan Feb Mar Apr Total Aggressive Behavior – 6 6 Fighting Aggressive Behavior – 1 2 6 9 Other Assault, Physical 1 1 Computer Misuse – 1 2 1 1 1 6 Other than Threat Discriminatory Harassment 6 6 Harassment, Intimidation or 1 1 Bullying Look-Alike Weapons 2 2 Threat 1 1 2 Weapons 3 3 Total 2 1 2 1 1 4 25 36
K-12 Major Discipline Incidents YTD 2020-21 10 9 8 7 Oct 6 5 Nov 4 3 Dec 2 1 Jan 0 Feb Mar Apr Total
SKPS Monthly Monitoring Data P a g e | 4 April 2021 Elementary Major Discipline Incidents 2020-21
Offense Oct Nov Dec Mar Apr Total Aggressive Behavior - Other 1 4 5 Assault, Physical 1 1 Computer Misuse - Other than Threat 1 1 1 3 Harassment, Intimidation or Bullying 1 1 Look-Alike Weapons 2 2 Threat 1 1 2 Weapons 2 2 Total 2 1 1 2 10 16
Elementary Major Discipline Incidents YTD 2020-21 6
5 Oct 4 Nov 3 Dec 2 Mar 1 Apr 0 Total Aggressive Assault, Computer Harassment, Look-Alike Threat Weapons Behavior - Physical Misuse - OtherIntimidation or Weapons Other Than Threat Bullying
SKPS Monthly Monitoring Data P a g e | 5 April 2021 Middle School Major Discipline Incidents 2020-21
Offense Dec Jan Feb Mar Apr Total Aggressive Behavior - Fighting 5 5 Aggressive Behavior - Other 1 2 3 Computer Misuse - Other than Threat 1 1 1 3 Discriminatory Harassment 6 6 Total 1 1 1 1 13 17
Middle School Major Discipline Incidents YTD 2020-21 7
6
5 Dec Jan 4 Feb 3 Mar 2 Apr 1 Total 0 Aggressive Behavior - Aggressive Behavior - Computer Misuse - Other Discriminatory Fighting Other Than Threat Harassment
SKPS Monthly Monitoring Data P a g e | 6 April 2021 High School Major Discipline Incidents 2020-21
Offense Mar Apr Total
Aggressive Behavior - Fighting 1 1
Aggressive Behavior - Other 1 1
Weapons 1 1 Total 1 2 3
High School Major Discipline Incidents YTD 2020-21 2
1 Mar Apr
0 Aggressive Behavior - Fighting Aggressive Behavior - Other Weapons
Referrals to Law Enforcement and School-Related Arrests 2020-21
“Referral to law enforcement is an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement. School-related arrest refers to an arrest of a student for any activity conducted on school grounds, during off-campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.” (Office of Civil Rights, 2020)
SKPS is working on a system to centrally collect referrals to law enforcement and school-related arrests.
SKPS Monthly Monitoring Data P a g e | 7 April 2021 Suspensions and Expulsions
“When a student receives a referral, consequences can vary depending on the reason for the referral as well as the age of the student. If the infraction is considered severe enough, the student may receive in-school suspension, out of school suspension, or be expelled from their school. These are called exclusionary practices because they exclude the student from the learning environment for a given period. While a student’s race/ethnicity should not factor into the consequences they receive, the data below show that students who are American Indian/Alaskan Native, Black/African American, and Two or More Races/Ethnicities receive consistently higher rates of in-school suspensions, out of school suspensions, and expulsions than be accounted for by enrollment. These higher rates occur across all grade levels.” (Kelley and Fender, 2020)
Elementary Expulsions 2020-21
None
Middle School Expulsions 2020-21
None
High School Expulsions 2020-21
None
SKPS Monthly Monitoring Data P a g e | 8 April 2021 K-12 Suspension Comparison by Ethnicity YTD 2020-21
In-School Suspension Out-of-School Suspension
Elementary Level Suspension Comparison by Ethnicity YTD 2020-21
SKPS Monthly Monitoring Data P a g e | 9 April 2021 Middle School Level Suspension Comparison by Ethnicity YTD 2020-21
High School Level Suspension Comparison by Ethnicity YTD 2020-21
SKPS Monthly Monitoring Data P a g e | 10 April 2021 STAT/SIRC/Fire Data 2017-2021 (as of May 6, 2021)
SKPS practices several proactive assessment processes when students demonstrate behaviors that pose an immediate threat to themselves or to other students, such as setting fires (Fire), violence (STAT), or sexualized behavior (SIRC). Depending on the severity of the behavior, a Level 1 or a Level 2 assessment is conducted. These assessments include a supportive team that includes the student’s family, school personnel, and appropriate wrap-around services. The number of STATs, SIRCs, and Fire assessments conducted during the 2020-21 school year are significantly lower than in the previous three years due to six months of Comprehensive Distance Learning.
2017-18 2018-19 2019-20 2020-21 Level 1 Level 2 Level 1 Level 2 Level 1 Level 2 Level 1 Level 2 STAT 239 49 237 56 199 43 22 10 SIRC 73 50 139 58 85 51 13 28 Fire 18 n/a 14 n/a 18 n/a 3 n/a
SRAs (Suicide Risk Assessments)
Suicide Risk Assessments (SRAs) are conducted when a student exhibits or voices suicidal ideation or when a student’s behavior(s) suggest risk of suicide. SRAs are conducted at the school-level and records are confidentially maintained at the school-level. Like STAT, SIRC, and Fire assessments, SRAs are conducted by appropriate school personnel, involve the student’s family, and may result in additional community supports.
SKPS is working on a system to centrally collect anonymized SRA data.
References
Kelley, E. and Fender, D. (2020). Position Paper: The Case of Inequitable Discipline Practices. Unpublished manuscript.
Office of Civil Rights (2021). Civil Rights Data Collection: Referrals to Law Enforcement & School-Related Arrests (ARRS) Module [PDF]. https://crdc.communities.ed.gov/#communities/pdc/documents/20083
SKPS Monthly Monitoring Data P a g e | 11 April 2021 INFORMATION/STANDARD REPORTS 9.b May 11, 2021
2020-21 STUDENT INVESTMENT ACCOUNT (SIA)
Background/Discussion In 2020-21, SKPS began the investment in strategies identified by the Student Investment Account (SIA). The SIA strategies were presented to the board with the overall budget. This report details the implementation of the strategies and the initial implementation in the school year 2020-21. SKPS has an SIA Advisory Committee made up of staff, community members, and a student who provide feedback on the implementation of the strategies and recommendations moving forward.
Recommendation/Board Action This report is presented in written form only for the board’s information.
2020-21 STUDENT INVESTMENT ACCOUNT REPORT UPDATE
Introduction
With the passage of the Student Success Act, House Bill 3427 in 2019, the Student Investment Account (SIA) was developed. The design of this new school improvement approach focused our district on specific groups of students for the purpose of implementing initiatives to promote equitable practices and achieve equitable outcomes for historically and presently minoritized and marginalized student populations. Student groups specifically noted in the SIA guidance are students of color; students with disabilities; emerging bilingual students; students navigating poverty, homelessness, and foster care; and other student groups that have historically experienced academic disparities. The five priority areas addressed in the initial needs assessment include: reducing academic disparities; meeting students’ mental or behavioral needs; providing access to academic courses; allowing teachers and staff sufficient time to collaborate, review data, and develop strategies to help students stay on track to graduate; and establishing and strengthening partnerships. Allowable uses for SIA funds include reducing class size, increasing instructional time, health and safety, and well-rounded education.
Timeline
2019
September Community Engagement Begins October Facilitation of Engagement and Needs Assessment Process December Develop and Submit Continuous Improvement Plan
2020
January Engage in SIA Planning, Budgeting & Application Development February Facilitate Public Review & School Board Approval of SIA Plan March Submit SIA Application
Schools move to Distance Learning model disrupting the SIA Timeline for approval and grant agreement process.
August SIA Reduced Allocation Communicated September Superintendent’s charge to form the SIA Advisory Committee Begin Grant Agreement Process with ODE October Facilitate Public Review & School Board Approval of Grant Agreement and Finalize Agreement
SKSD leadership worked with SIA Advisory and district leadership to make reductions or seek other funding sources to implement SIA Strategies (See Appendix A: SIA Task Force Recommendation and Progress Report.) With skillful pre-planning, the district began to hire for positions as soon as the grant agreement was finalized.
November – May SIA 20-21 Plan implementation with reduced funding model continues
May - June Finalize Second and Third Years of the SIA Plan (2021-23)
Salem Keizer School District’s 11 SIA Strategies
Below is the list of the strategies with short descriptors from the original application executive summary.
Strategy #1: Fifth Grade Reading at Eight (8) Targeted Schools We are focusing on fifth grade reading because our students do not yet perform as well as other elementary students across the state in reading. Twenty-five percent of our elementary students are taught in Spanish, and we recognize the importance of giving those students six years in elementary school to learn to read and write in English while also maintaining their native skills in Spanish.
Strategy #2: Ninth Grade On-Track at Two (2) Targeted High Schools We are focusing on success in Algebra I classes, specifically for freshman at two (2) targeted schools. Algebra I is the most frequently failed class in high school and can lead to students not being on-track to graduate in four years.
Strategy #3: Language Acquisition We are focusing on language acquisition because our students who begin school as English learners and demonstrate English proficiency before high school graduate at rates higher than our overall student group. Students who are English learners, but are still receiving services to learn English during high school graduate at the lowest rate of our all student groups.
Strategy #4: Dual Language Leadership Team We are focusing on future expansion of dual language classrooms as a consistent model of instruction for students learning English.
Strategy #5: Middle School Math at Two (2) Targeted Schools We are focusing on middle school math because students who do poorly in math in grades 6, 7, or 8 frequently do not graduate from high school on time.
Strategy #6: Supports for Students’ Mental Health and Behavioral Needs We are focusing on expanding the continuum of supports for students with mental health or behavioral needs. Our students report a low sense of belonging at school, specifically students of color who do not see themselves represented in our staff. Escalating student behaviors can be a disruption in the classroom, and we are not yet providing adequate supports for individual student needs.
Strategy #7: Community Engagement and Supports We are focusing on continued authentic engagement with students and families to gain insight into the diverse cultures of our community in order to be more culturally responsive and improve outcomes for our students.
Strategy #8: Professional Development We are focusing on professional development as a critical portion of improving outcomes for students. When our teachers and staff improve, our students succeed.
Strategy #9: Extra-curricular Activities We are focusing on expanding extracurricular activities for students as a way to get students more involved and build stronger connections with their peers. Being involved in a sport or activity or after school club can increase a student’s sense of belonging. Strategy #10: Equity, Diversity, and Inclusion We are focusing on equity, diversity, and inclusion because our student population represents 81 different languages with many cultures and belief systems. We believe students should see adults at school that look like them and that our staff should learn the different cultures and belief systems of our students.
Strategy #11: Continuum of Supports We are focusing on expanding a continuum of supports for students who represent a variety of learning needs. This includes a continuum of academic supports for students as well as a continuum of behavioral supports.
20-21 Implementation of SIA
82 Staff Hired in Support of the 11 Strategies: ➢ 33 Classified Staff o Cultural Resource Specialists, Facilitators, and Liaisons o AA/PI/SPED/Elementary/Indian Ed/LGBTQ+ o McKinney Vento Advocates o Community Engagement Specialist o Translators o Behavior Trainers o Clerical Support for LRC teachers
➢ 45 Licensed Staff, including: o 5th Grade Reading and Language Acquisition o Instructional and District Mentors o Newcomer and English Language Development Redesign at Middle and High Schools o Program Associates for Middle School Math o Social Workers o Counselors o Learning Resource Teachers (LRC)
➢ 4 Administrators to Support Key Strategies: o 5th Grade Reading and Language Acquisition o 9th Grade On-Track (MTSS) o Social Emotional Supports o Language Acquisition
➢ Professional Development and Materials Purchased: o Culturally Responsive School Leadership o Implicit Bias Training o Equity Audit o Reimagining School Discipline and School Safety Consultants o SMART Music Program o Culturally Relevant Curriculum Materials o Middle School Math Program o Elementary Literacy Intervention Materials o Athletic and Activity Fees for Secondary Students
For further information, see Appendix B: SIA Report Journal Periods 1 and 2, 2020-21, and Appendix C: Progress Markers Appendix A: SIA Task Force Review and Progress Report This report is a “running record” of our development and implementation of SIA Strategies relative to the original plan developed with the input from the original 19-20 SIA Task Force. Over 5,000 participants actively engaged in focus groups, listening sessions, surveys, and other means to give authentic input and feedback for developing our SIA Plan. Extensive attention was given to ensure optimal and frequent participation by our historically and presently marginalized and minoritized student groups to ensure a process and outcome grounded in addressing equity issues for transformative change in our district. Progress on 19-20 Task Force Recommendations SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity Universal Priorities and Recommendations from Most Groups Professional Development 20-21 SIA Strategy 10: K-12 Administrators have Equity Audit for Staff Equity, Diversity, and received ongoing training Topics: Inclusion with Dr. Khalifa on Culturally Address disability • Disability awareness Responsive School awareness supports for and supports for Leadership and Dr. Marks students with disabilities. students with on mitigating Implicit Bias. disabilities • Trauma informed / Culturally relevant texts are understand in the process of being homelessness / purchased for secondary confidentiality schools in ELA and may • Culturally expand to include other Responsive content areas. Teaching • Native American / Hired 2 SPED CRSs Pacific Islander / African Americans/ Latinx
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity • Cultural Awareness & Bias training
Extra-Curricular 20-21 SIA Strategy 9: Athletics at all High Schools Address these areas: Opportunities Extra-Curricular Activities are now free for 20-21. • Must include • Transportation transportation No afterschool programs • Free athletics due to COVID-19 • Improved access for • Improved access for restrictions. students with students with disabilities disabilities Music programming for K- • Before school & after 12 purchased and • Before and After school implemented. School programs • Culturally specific (Native American, • Culturally specific Pacific Islander) (Native American, programs and Pacific Islander) celebrations programs and • Academic Supports / celebrations Tutoring / Homework help • Academic Supports / • Clubs Tutoring / Homework • STEM Help
• Clubs
• STEM Student Mental Health 20-21 SIA Strategy 6: 8 Social Workers and 6 Further expansion of mental Needs Social Emotional Supports Counselors were hired health partnerships and
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity • Hire more social school based health workers and From sources other than professionals counselors SIA, mental health • Therapists inside partnerships expanded schools • Mental Health specialists accessible • School health professionals Increase diversity of staff 20-21 SIA Strategy 10: HR Admin Secretary hired Continue to monitor impact • Teachers and Equity to provide direct service and and identify any additional classroom support for recruiting and needs. instructional support retention activities for • Counselors diverse staff. • CSOC’s or Community Equity-based interview Resource Specialists questions with look fors developed.
More CSOCs and CRSs hired that are representative of historically underserved and minoritized populations.
While we have much more to accomplish in this area, data reports for the past several years show a trend in the direction of increased diversity of our staff such
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity that we have our most diverse staff ever in 20-21.
Improved communication 20-21 SIA Strategy 7: We hired or increased FTE Interactive web page is in • Appropriate Community Engagement of translation/interpretation the process of development translation staff. to share out widely on SIA • More frequent and funded strategy progress regular We hired a Community and impact as well as • Feedback Engagement Specialist. provide an “electronic opportunities suggestion box” for input We conduct monthly SIA from the wider community. Advisory meetings to elicit authentic input with a robust group of diverse community members and staff.
Panorama surveys for staff, students, and families are conducted periodically throughout the year along with other survey and phone calling methods of engaging with stakeholders for feedback. Improved transportation Not specifically addressed Being addressed through • Decrease zone for through SIA strategies means other than SIA – walkers Several vans were • Creative problem purchased to transport solving students for Limited In Person Instruction and/or
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity • Alternatives to yellow After school activities such busses as sports.
Strategic Recommendations from Some Groups Smaller class 20-21 SIA Strategies: Hiring of various positions Continue to monitor impact size/reduced caseloads 1 -- 5th Grade Reading; has happened or is in and identify any additional 2 -- 9th Grade On-Track; process to reduce class size needs. 3 -- Language Acquisition; and/or caseloads. 5 -- Middle School Math; 11 -- Continuum of Supports Hire more Community 20-21 SIA Strategy 7 Hired several positions with Continue to monitor impact Resource Specialists Community Engagement SIA funding and other and identify additional funding sources, as well. needs. Increase Arts Education 20-21 SIA Strategy 9 Extra- Purchased K-12 Music Consider other needs in this Curricular Activities programs and materials for area all students. Continue to monitor impact and identify additional needs. Access to education and 20-21 SIA Strategy 7 Hired a Community Parent Academy resources for families Community Engagement Engagement Specialist to development for access to along with components of help us better understand education and resources for several other strategies that the needs of our families. include monitoring student communities. progress and providing Multi-Tiered Systems of Support (MTSS)
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity Increased Family SIA Strategy 7 Community Hiring of Community Consider training of school Engagement Engagement Engagement Specialist, personnel in Culturally CSOCs, CRSs, and other Responsive Teaching. positions designed to help build bridges between Continue to monitor impact families and school and identify any additional personnel. needs.
Targeted Recommendations from a Few Groups Improve transitions for 20-21 SIA Strategy 7 and Hired SPED Community Monitor the impact of these students with disabilities 11 Community Engagement Resource Specialists and positions and this resource (Kinder, 6th, 9th) and Continuum of Services purchased Goal Book; both specifically related to this resources work towards identified need. improving transitions for students along with other district personnel and processes. Modified/alternative Not explicitly addressed in Consider how to leverage curriculum for self- SIA Strategies SIA funds and structures or contained programs other resources to articulate a means to addressing this need. Explore special education 20-21 SIA Strategy 7 and Consider how to leverage services in students’ 10: Community SIA funds and structures or home language Engagement and Equity other resources to articulate a means to addressing this need.
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity Increase access to Not explicitly addressed in Increased access is preschool for students SIA Strategies addressed through Early living in poverty Learning funds and other resources and programs. Expanded summer 20-21 SIA Strategy 9: Funds are explicitly Planning for Summer 2021 programming for Native Extra-curricular Activities budgeted for this in our is beginning in February American students current SIA Plan. 2021. Increase consistency in 20-21 SIA Strategy 4: Dual Funds were cut in the 20-21 In spite of SIA funding cuts, dual language programs Language Programs SIA budget due to reduced the district is using other funding and CDL resources to hire and begin environment due to COVID- planning for expansion of 19 restrictions. Dual Language as per the original SIA plan. Expand STEP office (more 20-21 SIA Strategy 7: 2 McKinney Vento Orientation of new advocates) Community Engagement Advocates were hired. advocates.
Monitoring for impact and additional needs. Resources for students & Not addressed specifically Other resources are families: food, clothing, in SIA Plan. leveraged for this purpose hygiene including partnerships or referrals to agencies. Support students Not addressed specifically SIA and other funded experiencing in SIA Plan. Student Advocates provide homelessness with real support to students and world skills families experiencing houselessness. Respectful & tangible Not addressed specifically OAR 581-022-2312 means of engaging in SIA Plan.
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity complaints of All Students Belong – discrimination district policy and work instruction in development.
Training needed for K-12 Leadership. Implement accountability SIA Strategy 6 and 10: Two initiatives: Re- Continue development of structures for staff and Social Emotional Supports imagining School Discipline the initiatives and act on the administrators for and Equity, Diversity, and and School Safety Forum recommendations. disproportionate Inclusion are at the initial stages of discipline for students of development to address Monitor the effectiveness of color disproportionality in school the processes and intended discipline as well as the impacts. need for better addressing issues of school safety.
Outside consultants have been hired to work together with district leaders, staff, students, and community members to develop recommendations for improvement and a path of action to address this task force recommendation. Deepen community SIA Strategy 7: Community Hiring of African Through our committee engagement for African Engagement American/Black Community work, we need to be American/Black Students Resource Specialists thinking about this specific question: what are some ways we can build authentic
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 SIA Task Force SIA Progress Next Steps Recommendation Strategy/Activity A guiding principle for our opportunities for connection SIA Advisory Committee, and engagement for our Re-imagining School African American/Black Discipline Steering students and families? Committee, Student Task Force, and all other Continue to monitor community engagement progress in growing our meetings and groups is to “Sense of Belonging” for our ensure we have over students groups who are representation of historically most vulnerable and and currently marginalized, historically or presently underserved or under marginalized or minoritized. represented groups including our Black/African American students, families, and staff. We seek to center the voices of our Black/African American, Pacific Islander, Native American, SPED, and LGBTQ+ student groups.
SIA TASK FORCE REVIEW AND PROGRESS REPORT – SCHOO BOARD UPDATE | January 31, 2021 Appendix B: SIA Report Journal Periods 1 and 2 2020-21
What is changing? How are your activities contributing to the changes in behavior, actions, policies, or practices you outlined in your plan and/or toward the progress markers as outlined?
January 31, 2021
The Student Investment Account (SIA) process has prompted our district to engage community members, families, and students in a comprehensive and unprecedented way. Add the complication of a global pandemic along with the fundamental shift in our instructional model and you have a recipe for disaster. The reality is, though, in spite of the extreme hardships on our community members, families, and staff, we have learned valuable lessons and they are transforming the way we do business in the district and in our schools.
After hearing from thousands of stakeholders over a six-month period in which we received hundreds of hours of input from students, staff, parents, and community advocates, our original SIA plan was developed and is connected directly to the data generated by listening sessions, focus groups, and surveys of all stakeholder groups. We are pleased to report that even in the face of reduced funding for the first year of the SIA and the complications of COVID-19 school closures, we have managed to implement the core critical components of the eleven strategies we identified via our community engagement process. (Please see the document SIA Task Force Review and Progress Report 20-21).
One example of change is the way we are engaging authentic community voices. We have several new and ongoing approaches to connecting with community for collaboration and centering student and community voices especially from our most at-risk groups. We now have a monthly SIA Advisory Committee Meeting, a newly formed student equity and advocacy group, and representative multi- stakeholder groups engaged in Re-imagining School Discipline, School Safety Forums. As the need arises, we engage focus groups around other issues such as returning to in-person instruction.
Of course we have engaged the community at other times in our past practices, but now it’s qualitatively different in how we come to the table to listen deeply, with an intentional equity lens, and provide a means for powerful partnerships as a result of this level of engagement. For example, The SIA Advisory Committee is comprised of 40 diverse staff, students, family and community advocates representing our historically underserved and minoritized populations. The charge to the committee is to monitor and evaluate the progress of implementation and the impact of our eleven SIA strategies. This committee will also serve to provide input on future iterations and adjustments to SIA plans. This is a standing committee that will continue to operate in an advisory capacity specifically to continually amplify the voices representing our most vulnerable student populations.
Much of the SIA plan we were able to implement right away included many of the Community Engagement, Equity, and Social Emotional Support strategies we had planned. This influx of diverse staff focused on care and connection with our students and families has begun to shift the culture of our schools toward true family engagement rather than merely parent participation. In part, this is due to our Comprehensive Distance Learning (CDL) emergency instructional model, due to the pandemic, as learning is now taking place at home. The increased communication necessary for successful engagement of students in this environment is helped by the increased capacity to connect given the additional staffing from the SIA and other funds.
April 30, 2021 We continue to center community and student voices as per the first reporting period journal. Our school board has appointed a Student Advisor to the board and we have conducted a number of focus groups and parent outreach opportunities through our Communications Department led by our Community Engagement Specialist whose position is funded by SIA.
Who is contributing to the changes you are noticing over this reporting period (in whole or part, directly or indirectly, intentionally or even unexpectedly)? We knew the SIA funded staff such as our Community School Outreach Coordinators, Community Resource Specialists, Cultural Resource Facilitators, Social Workers, Counselors, and LGBTQ+ Liaison would build capacity for us to reach more students and families on an individual basis. This, then, helps us to build bridges with schools and the district and that this would begin to transform our culture into one in which sense of belonging for all would increase. Some other strategies focused on academics from an equity lens perspective has begun to show signs of promise. One example is our 9th Grade On-Track strategy in which the hiring of a coordinator has resulted in a scaling up of the ability for our secondary schools to track student progress for early intervention. Access to training, data platforms and protocols, and teaming structures are leading to improved outcomes earlier for struggling students. The SIA funds have helped us continue to build a robust Multi-tiered System of Support (MTSS).
The SIA funds have provided a means for expanding our K-12 Leadership training for Culturally Responsive School Leadership with Dr. Khalifa. All 200 K-12 Administrators take part in bi-monthly training in which we delve deeply into how to unlearn for the purpose of transforming our individual and collective understanding of equity, equitable practices, and how to lead for equity. We have had equity training in our schools before but never on a regular basis as a mandatory practice. Numerous staff have embarked on self-directed book studies, participation in conferences, and other voluntary activities in addition to the required trainings. This shift is indicative of a collective energy our leadership has for this critical work.
April 30, 2021 Our Office of Student Equity, Access, and Advancement and our Communications Departments, both with SIA funded positions designed to build bridges with students and families historically marginalized, have taken the lead on helping families connect with district resources as we navigated back to in-person hybrid learning. Through partnership with our Community Engagement Specialist, CSOCs, CRSs, Translators and others, our parent communities are more connected than ever to the schools and district. The evidence is in the number of parent events aimed at specific cultural communities and the attendance at such events.
What’s the significance of the changes you are noticing? Both implementation of SIA strategies and the necessity of the Comprehensive Distance Learning environment have caused us, as a school system, to begin to realize the value of building strong relationships and individualized approaches to meeting student needs. Valuing the strengths and assets all families and students possess have helped us begin a process of transforming our system into one that centers the needs of students and families for the benefit of all stakeholders.
It is evident that, in order to transform, the increased capacity afforded by the SIA is critical to achieve this. For example, in our Middle School Math Strategy, the original plan was to hire additional licensed teacher along with new curriculum and formative measures. We were able to implement the curriculum and formative measures but chose, instead, to add Instructional Assistants to support math classes for students in the CDL environment rather than Licensed Math Teachers due to staffing issues from emergency instructional model. What we found was that the influx of staff who had the capacity to focus on individual and/or small groups of students to provide support made a significant improvement for students’ learning.
This was also found to be true for our Language Acquisition Strategy for Middle School in which we had a similar adjustment to support existing teachers’ time or hire Instructional Assistant supports for students who needed more. This is important for us as we plan for future iterations of SIA in terms of strategic capacity building to meet the needs of our students. Within our Multi-tiered System of Supports (MTSS) is the need to continue to build our capacity for addressing the whole child and individual student needs.
April 30, 2021 During the second reporting period, the evidence is anecdotal in that we are beginning to see the empowerment of students and parents beginning to shape our planning and outreach when changes are occurring. The equity lens has been in place in our district for some time now but the implementation of using it consistently at all levels of leadership appears to be increasing. As we move towards another check in with students, staff, and parents with our Panorama survey focused on “sense of belonging”, we anticipate seeing a shift toward a higher “sense of belonging” for stakeholder groups.
What lessons have you learned and/or any success stories (celebrations) have you had so far that are important to share with other educators across the state, for legislators to know, or for ODE to understand? COVID-19 threw us a curve ball but we were able to leverage SIA resources and planned activities within strategies to address the needs of our most vulnerable populations in this extreme environment that so clearly increased the inequitable access of our students and families from minoritized populations.
In spite of all of the hardship and unpredictability of our current situation, we realized some amazing achievements. Our graduation rate for all student groups rose to a record high especially for historically underserved groups and the drop out rate declined to the lowest point in recent history. These metrics are true, in particular, for student groups such as our Black/African American, Migrant, and Pacific Islander students.
In 2017 our district adopted an equity lens. At the beginning of the 20-21 school year, our superintendent charged our K-12 leadership to actively engage in anti-racist learning. This, along with the expectation of early SIA development to focus on our historically underserved and minoritized populations, will continue to help us weave our equity lens through all of our practices so that we can continue to build on approaches that make a difference as illustrated in our improved graduation rate.
This report is best summed up by a quote from our original 19-20 community SIA Task Force leaders: “The individual student nor the family should be forced to change, rather the systems within the school must conform to meet the diverse needs of its students. This is true equity.” SIA is helping us build capacity to achieve this vision.
April 30, 2021 We would want ODE, Legislators, and the public to know that the SIA Strategies we selected have created a momentum towards more equitable practices in several different critical areas. In some cases, strategies intended for a specific level showed early promise and have been adopted by other levels, as well, creating a synergy towards a K-12 alignment. This is true for reading/literacy and math improvement with the secondary level adopting CORE Reading professional development and iReady Math diagnostics that have been used previously at the elementary level. Secondary English Language Development (ELD) Redesign in which Newcomer English Learner students, in particular, are able to access credit bearing classes while receiving ELD services moved from High School to Middle School and is now being considered by the Elementary Level. Strong K-12 alignment in these and other areas will serve students well especially at transition points for our most vulnerable students. SIA funded positions are very helpful to achieving this outcome. Appendix C Student Investment Account Progress Markers
The Purpose of this Resource The purpose of this resource is to announce the adjustments to the Student Investment Account (SIA) monitoring and evaluation framework and introduce SIA Progress Markers.
Key Information for SIA Grant Recipients SIA grant recipients do not need to develop or monitor longitudinal performance growth targets (LPGTs). The framework has been released by the Legislature for the 2020-21 school year. Each recipient will be supported in monitoring progress using the progress markers in this document, which will be included in each recipients’ grant agreement and used from a learning and continuous improvement orientation.
Why these Adjustments are Essential These adjustments are a deliberate response to the significant impacts associated with the ongoing public health crisis caused by COVID-19. ODE is committed to implementing a learning stance for monitoring and evaluation and will provide the necessary support systems to school districts on progress markers while they are navigating this unprecedented school year and learning from what is unfolding.
Background and Development In the August 2020 special session, the Legislature created increased flexibility for the administration of the SIA in House Bill 4304 which releases, for one year only (through June 2021), all SIA applicants from needing to develop or track Longitudinal Performance Growth Targets (LPGT) while naming that ODE can develop other applicable performance growth targets and indicators of progress.
It is worth repeating. The Longitudinal Performance Growth Target framework is released for the 2020-21 school year.
The Progress Marker framework for the foundational year of the Student Investment Account (SIA) was developed through rounds of engagement with leading experts in each common metric, including practitioners, and policy advocates. The progress markers are a mechanism to support a developmental approach to evaluation with a focus on learning about the kinds of changes that happen from distinct investments.
1 Student Investment Account Progress Markers
Progress Markers and SIA The concept of progress markers1 offers a set of potential milestones for SIA grant recipients and ODE to look for and map toward. SIA recipients are not expected or required to meet all progress markers, only to track changes when the investments create or contribute to the changes outlined.
Progress markers illuminate the depth and complexity of changes that advance over time. Moving from early and expected changes, towards likely changes; and extending all the way toward profound changes desired based on the efforts of SIA grant recipients.
The theoretical underpinnings of progress marker development for ODE is informed by Outcome Mapping - an approach to planning, monitoring and evaluation that puts people at the center, defines outcomes as changes in behavior, and helps measure contribution to complex change processes.
Progress Markers for School Year 2020-21 “Expect to see” progress makers represent initial, easy to achieve changes that indicate a recognition of and commitment to SIA plan goals.
“Would like to see” progress markers represent longer term likely changes and indicate more active learning and engagement.
“Would love to see” progress markers describe the kinds of profound changes ideal for any program or investment to make or contribute towards. Note: In this first year, this would be unusual to see.
Individually, progress markers can be considered as indicators of behavioral change, but their real strength rests in their utility as a set, as cumulatively they illustrate the complexity of the change process. This is something no single indicator can accomplish.
A singular set of progress markers has been developed for the 2020-21 school year integrating the kinds of changes ODE believes could advance each of the “Common Metrics2” in the SIA long-term while also attending to current school year conditions.
1 Earl, S., Carden, F., & Smutylo, T. (2001). Outcome mapping: building learning and reflection into development programs. Ottawa: IDRC. 2 Ninth grade on-track; Four- year graduation; Five-year competition; Third grade reading; Regular attendance.
2 Student Investment Account Progress Markers
2020-21 Progress Markers for the Student Investment Account
6 changes we expect to see connected to SIA investments:
1 Every school recognizes and honors the strengths that educators, students and their families bring to the educational experience through active and consistent community engagement.
2 An equity lens is in place, adopted, and woven through all policies, procedures and practices.
3 Data teams are forming, and they frequently review data that inform a school’s decision-making processes, including barriers to engagement and attendance.3
4 Schools and districts have an inventory of literacy assessments, tools, and curriculum being used.
5 Increased communication exists between educators and families about student growth, literacy trajectory, areas for improvement, and individualized supports are provided.
6 Schools and districts co-develop and communicate a shared understanding (among educators, students, families and community members) of what it means to be on track by the end of the 9th Grade.
3 Providing sufficient time for teachers and staff to review data is an eligibility requirement for High School Success (Measure 98) funding in high schools. This suggests the value of that practice when well designed for all developmental levels. Duplication in focus is acceptable and strategic in this case. Funds should be braided but grantees can’t use funding for the same purpose with both initiatives.
3 Student Investment Account Progress Markers
6 changes we would like to see connected to SIA investments:
7 Every school has effective foundational learning practices in place including safe, welcoming classroom environments, social-emotional learning, trauma-informed practices, behavioral supports, and culturally sustaining practices.
8 Educators use student-centered approaches to foster student voice, reinforce student engagement and motivation, and increase academic achievement.
9 Dedicated time for professional learning and evaluation tools are in place to see if policies/procedures are adequately meeting the needs of students.
10 Comprehensive literacy strategies, including professional development plans for educators, are documented and communicated to staff, students (developmentally appropriate), and families.
11 An audit of 9th grade course scheduling is conducted, accounting for student core and support course placement, and disaggregated by student focal groups.4
12 Schools strengthen partnerships with active community organizations and partners, including local public health, businesses, faith communities, tribal leaders, and others.
4 Again, this is intentionally aligned with High School Success goals and best practices. Changes in progress that might come in part from SIA investments and in part from HSS investments are acceptable to include as “contributions to change” as what we are most interested in is that change is occurring and learning from what is unfolding.
4 Student Investment Account Progress Markers
3 changes we would love to see connected to SIA investments:
13 Educators have a balanced assessment system in place to help them identify student learning in the areas of reading, writing, research, speaking, and listening that are clearly connected to Oregon’s English Language Arts and Literacy Standards.
14 School districts have a process to identify and analyze the barriers that disconnect students from their educational goals and/or impede students from graduating on time5.
15 Students have avenues to share and communicate their dreams and aspirations at all levels, including a clear picture of the contributions and next steps they plan to take after they graduate from high school.
Key actors we anticipate contributing to these changes: Educators, Principals, Superintendents, School board members, Instructional Coaches (district level), Instructional Assistants/Paraprofessionals, Curriculum and Instruction (district level), 9th grade on-track coaches, Special Education educators (K-12), School personnel, Scheduling Administrators, Parents and Families, Bus Drivers, Attendance officers / coordinators, After School Providers, Security guards, Mental Health Teams, Counselors and guidance counselors, Family resource liaisons, ODE staff, ESD staff, Higher Education Coordinating Commission, Community college partners, University faculty (preservice program), Pre-K and childcare providers, Early Learning Hubs, Non-profit/volunteer reading programs (e.g. SMART Readers), EAC, Researchers, Legislators, Student success navigators, Cultural brokers (e.g. Latino Network), Judicial representatives, McKinney Vento liaisons, Regional capacity builders, Tribal/cultural/community leaders, DHS/child welfare, Media.
5 ODE considered and received substantial but mixed feedback about the value of mapping the math strategy, and while we chose not to include formally, SIA recipients are encouraged to review the literature and develop an understanding of what Math proficiency is, what it looks like for students and how shared competencies are taught in 9th grade Math.
5 Student Investment Account Progress Markers
How will progress be reported? School districts are asked to report their progress on a quarterly basis. To track Progress Markers over time, ODE has established and will share the “Progress Journal” tool which includes a description of the kinds of changes that are unfolding. This tool is to support learning about the change process. ODE will provide additional technical assistance to support understanding of how this approach to monitoring and evaluation works.
6 INFORMATION/STANDARD REPORTS 9.c May 11, 2021
UPCOMING SCHOOL BOARD MEETINGS* (Includes Budget Committee Meetings) 2020-21
DATE MEETING 2020 July 1 Special Board Meeting (Election of Chair and Vice Chair) July 7 Special Board Meeting (Work Session) July 14 Board Meeting (Work Session & Business Session) July 21 Special Board Meeting (Work Session) July 28 Board Meeting (Work Session) August 11 Board Meeting (Business Session) August 25 Board Meeting (Work Session) September 8 (postponed to 9/22) Board Meeting (Business Session) September 22 Board Meeting (Work Session) September 26 (Saturday) Special Board Meeting (Board Retreat) October 13 Board Meeting (Business Session) October 27 Board Meeting (Work Session) November 10 Board Meeting (Business Session) No November work session is scheduled. December 8 Board Meeting (Business Session) No December work session is scheduled. 2021 January 12 Board Meeting (Business Session) January 19 (Special Meeting) Board Meeting (Work Session) January 26 Board Meeting (Work Session) February 9 Board Meeting (Business Session) February 23 Board Meeting (Work Session) March 9 Board Meeting (Business Session) No March Work Session is Scheduled. April 13 Board Meeting (Business Session) April 27 Board Meeting (Work Session) May 4 Budget Meeting – Superintendent’s Budget Message May 11 Board Meeting (Business Session) May 18 Budget Meeting May 24 Budget Meeting May 25 Budget Meeting – Tentative May 26 Budget Meeting – Tentative June 15 (moved from June 8) Board Meeting (Business Session) June 22 Board Meeting (Work Session) Already Occurred
*Meetings subject to change Work sessions (no action items) may be changed to business session (with action items) Meeting notifications and agendas posted prior to meetings as required by ORS