Orleans Parish School Board

ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana 70114 Tuesday, July 21, 2009 5:00 p.m.

The Orleans Parish School Board convened for a Board Business Meeting on Tuesday, July 21, 2009, in the Auditorium of McDonogh #35 High School, 1331 Kerlerec St., New Orleans, LA. Mr. Woody Koppel, Board President, called the meeting to order at 5:02 PM.

Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, present, Mr. Brett Bonin, present; Mrs. Lourdes Moran, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present, Mr. Thomas Robichaux, present. Ex-officio Board Members: Mr. Darryl Kilbert, Superintendent, present; Mr. Edward Morris, General Counsel, present; Ms. Thelma French, Board Secretary, absent.

An audio recording of the meeting is available in the Board Office.

Mr. Woody Koppel led the Board in the Pledge of Allegiance.

ADOPTION OF THE AGENDA Modification: President Woody Koppel made a request to move the Property Committee Report before the Accountability Committee Report.

Motion to adopt the modifications to the Agenda was made by Mr. Thomas, seconded by Mr. Bloom. Motion passed unanimously.

CONSIDERATION OF MINUTES  March 30, 2009 Special Board Meeting  April 21, 2009 Board Business Meeting Motion to defer the March 30, 2009 and April 21, 2009 Minutes to the August 2009 Board meeting was made by Mrs. Moran, seconded by Mr. Bonin. Motion passed unanimously.

PRESENTATIONS/ACKNOWLEDGEMENTS Superintendent Darryl Kilbert acknowledged that the OPSB’s Security Department under the direction of Mr. B.J. Bilbo is currently hosting the National Association of Schools Security and School Law Enforcement Officers Conference. Board Members Ira Thomas and Thomas Robichaux, and Superintendent Kilbert had the opportunity to participate in the opening ceremonies and a couple of the sessions. Mr. Kilbert thanked the Security Department for being the host and providing leadership in that area.

SUPERINTENDENT’S AGENDA

1  Division of Academics and Supportive Services . Acts 298 and 246: High School Career Option Program Superintendent Kilbert asked Mrs. Gail Audrict to review Acts 298 and 246, the High School Career Option Program. These are Acts adopted in the 2009 Legislative Session, creating a second diploma option, the career option diploma. Superintendent advised the Board that based on the limited amount of detail available and short time allowed for school preparation for implementation, that the administration foresees requesting the Board’s approval for the submission of 2009-10 school year waiver.

Mrs. Audrict presentation was supported by a power point presentation. [The reports are included in the Board Meeting packet.]

Mrs. Audrict reported the following: Senate Bill 259 signed by the Governor as Act 246 and Senate Bill 612 also signed by the Governor creating Act 298 are companion bills that were brought forth to create a career diploma plan. The purpose of these Acts are to create a career diploma pathway for students at risk of dropping out, for students who do not plan to go to college or for students who are initially not college bound. Based on the data that approximately 13,500 students drop-out state-wide annually; adding in middle school it comes up to about 16,000 students. Approximately 5% of the students placed on a GED pathway state-wide actually earn a GED. And simply because the course work and the exam for GED sometimes is a bit more difficult than our regular basic LEAP exam. The Acts are designed to enhance the state’s workforce training and economic development system that would attract business investments and creating jobs to ensure that Louisianans do not leave home to pursue a career.

The Career Diploma according to the law is a regular standard diploma. Earning a career diploma in no way prohibits a student for going to Louisiana public post secondary education institution, defined as Louisiana Technical Institute. If a student earns a career diploma, in order for them to go to a four year college they would student need to attend a Louisiana Technical Institute to take those courses that the student would not receive in high school to satisfy the four year university’s admission or the student would have to take remedial courses. Additionally the Acts require all of the Louisiana Technical Institutes are to recognize this diploma as being a regular diploma.

The next slide talks about career options: In grades 6th through 8th teachers are going to have to incorporate career and technical awareness and activities and also academic activities. The school will be required to keep a record of career and technical awareness and activities and reporting it to the state. Currently, OPSB has activities incorporated at the 7th and 8th grade level where teachers are required to do the six activities, this information is not required to be reported to the state but becomes a part of the students’ career and academic portfolio. In 8th grade, students will develop a five year/individual graduation plan. Currently the 8th grade students complete a five year educational plan. Under the new program, it is going to be renamed as the five year individual graduation plan. This plan is developed at the end of the 8th grade year by the student, parents and school’s counselor.. Each year the counselor calls the student and their parent together and they review their individual graduation plan and they can make necessary changes

2 each year if they want to change the child’s graduation plan. That’s their career plan. In grades 9 through 12, the students have to pursue a rigorous curriculum in a career major.

The next slide talks about career majors: This diploma will provide greater technical skills for students and a strong academic core. The career majors will be linked to post secondary education options and prepare students for a degree or a certification. So it is the hope that when they finish high school they would either have a degree from a Louisiana College, post secondary college which is a two year college or some type of certification and they can have dual enrollment in a post secondary. Both for the academic piece and for the work piece.

Program of study for students pursuing the career option diploma will include four years, four credits of English, four credits of math, three for science and social studies, two for physical education and health and seven career and technical electives.

These are the entrance requirements. All students who meet the LEAP requirements and meet their academic requirements and are eligible to move on to the 9th grade are eligible for this program. Also, any student whose 15 years of age upon entering 9 th grade or is going to be 15 years of age during that 9th grade year, scores Approaching Basic on the ELA or math component or LEAP and meets the criteria of the Pupil Progression Plan are eligible for this program. Including, they must have a grade point average of a 1.5 in 8th grade, acceptable attendance in behavior standards and participate in a drop-out prevention and mentoring program.

Board Members expressed their concern as whether this is a social promotion.

Ms. Audrict responded, it’s the old 8.5. But it gets better. (Example: If I meet this but I fail, even if I fail LEAP I still can go on to 9th grade providing that I go to summer school and I take those courses that I failed. But if I don’t want to go to summer school or I can’t go to summer school then I can take remedial courses that the district must provide for me in the areas that I failed the test.)

Ms. Audrict stated that it’s part of the law that you have to provide remediation courses for the student. If the student does not attend summer school and prepare through summer school for those unsatisfactory scores then you have to provide the courses in those areas that the child failed and if you feel that taking one or two courses does not satisfy that child’s academic needs then you can place him in additional remedial courses.

Mr. Kilbert stated that he received a letter from State Superintendent Pastorek alone with the other 69 school districts and it states that according to the statute a school district may request a waiver of this requirement from BESE for a good reason. I asked Ms. Audrict to prepare this report and she’s done an excellent job preparing and outlining all of the activities that we are currently providing to our young people which is above and beyond what the state requires and we have been doing that since Hurricane Katrina. And in effort to go alone with what Ms. Audrict is saying, it is going to be my recommendation

3 when the time comes forward that the Orleans Parish School Board allow me to submit a waiver request to not implement this career diploma for the 2010 school year. One, for financial reasons because that means that we would have to add quite a few other courses that are currently not being offered; two, I certainly believe that this would not prepare our young people for post secondary education and; three, certainly our young people are being prepared for such services and we want them to receive the maximum amount of opportunities. So for the sake of time it would be my recommendation that you give me the permission to send to BESE a request for a waiver for these courses.

Board Member Moran moved for Orleans Parish School District to submit a waiver to the BESE Board of this new Legislation Board. Board member Cade seconded the motion.

Mr. Kilbert stated, Mr. President, Mr. General Counsel this request is actually Item 1 in the action items so I would think if you would allow us to come back to that and say the same thing it will flow a whole lot better in the action items. Thank you Ms. Audrict for that report I think it was very detailed and it explained to the Board Members very succinctly what we’re currently doing, what we’re being asked to do specifically in the English area. If you take a look at the red section, board members, where it says the requirements would only be English I and English II and then two additional courses that we’re just not sure what they are would be allowed. And if you go to the math area it says four units and then it would be Algebra I or Algebra I part I and or Algebra I part II and then some hybrid course that we are not sure what it is as it does not even exist at this point in time. I’m certainly not in favor of providing young people courses that will not assist them in critical thinking skills as whereas also skills that will assist them in the post secondary arena.

. Exceptional Children’s Services: Academic Program Use & Support A power-point presentation supported the report. [The reports are included in the Board Meeting packet.]

Dr. Rosalynne Dennis reported, on the 2009 Annual Report Academic Program Use and Support. The first slide on the Assistive Technology Usage and it shows that the majority of our children, 90 actual students are using what is considered mid Tech, level of Assistive Technology; 27 children using low tech and 25, almost an equal number, using high tech.

High tech items are things such as a computer, a touch talker, intro talker, the very expensive devices used to assist students in communication, who normally can’t speak like you and I. The mid-tech tends to include items such as software, picture boards and cards that the teachers make and speech pathologist make. Low tech is as simply as a pencil grip and many manipulative devices. We do have a large number of the high tech items. And we’re working continuously with the speech pathologist to get those in place in the schools and get the teachers to use them. Many of those take training. You can’t just put it in and people automatically know how to work with those but we do have them available.

Response to Intervention (RTI): Response to intervention has been in our lingo for a while; it is commonly refer to it as RTI. There is a three tier approach to providing

4 services and interventions to struggling learners with challenging behaviors and/or academic deficiencies. It should be noted that Response to Intervention is not a special education initiative. It is a general education initiative, under the auspices of Mrs. Gail Audrict, however ECS works collaboratively with general education on these interventions. The idea behind this is to work with struggling students so that their not classified with exceptionality, yet given the help they need to be successful through the interventions and support.

Response to intervention is three tiers of instruction. The students are assessed and then grouped in three tier levels. Standardized protocols and problem solving methods are applied. Integrated data collection and an assessment system must be used to make an informed decision at each tier of instruction and intervention.

Dr. Dennis reviewed the slides that described how the AARA, stimulus funding granted to special education in being utilized in the district. She stated that 15% of the funds were allowable for general education activities. The funds were utilized to fund the interventionist that we talked about as well as the school wide positive behavior support specialist. And we were also able to budget 1 ½ response to intervention facilitators to assist the schools in implementing this district wide. Dr. Dennis stated, these are externally funded positions to support the schools. They are be itinerant personnel and the para-educators will be at the school sites and they will work with students. This is not central office positions. This is definitely school site support. We cannot perform our jobs if the school sites are not performing these functions. So we use our 15% that the state requires of us to apply to general education to insure that that need is met. So that’s what these are. And once they’re all staffed I can give you a listing of where they are and they are not just in our four schools, because the funding is not just for our four schools. Special education funding is allocated across all district schools, equitably.

The next slides depict the compliance evaluation timeline. ECS, is annually proud of our review, currently are at 99.78%. This is monthly performance indicator measured by the state, and OPSB is generally at 100%.

The next slide depicts the semi-annual performance; Dr. Dennis stated that she is pleased to state that we did improve tremendously on the IEP compliance. The last section, is the school health services. The data contained on the following charts were provided to us through the school health services coordinator and the nurses. The district immunization rate for the year ended at 90.5% and that was not the target, of course it’s 100%. This chart shows you each schools percentage. The elementary schools do a lot better and I want you to know that the numbers where you see 98% of a number that’s not enrollment, that’s the contacts by the nurse for first time enterers to get their immunizations.

Division of Financial Services – Mr. Stanley Smith presented the Financial Report. A copy of the Financial Report is in the Board packet and was discussed in length at last week’s Budget and Finance Committee Meeting. . Monthly Financial Summary Reports: May 31, 2009 Mr. Smith stated, I’ll give you a just brief update on our financial report. In Budget and Finance we presented a Finance Report that for this month was a little different than

5 normal. It was our cash flow projection for the fiscal year 2009-2010 based on the budget that was adopted by the Board. The cash projection in summary reflected a slight, deterioration in our cash position. During the course of the year from a current cash position of about $30 million down to an end of the year of about $10 million and there are some reasons for that deterioration. We talked a lot about the legacy cost that we’re incurring in connection with the budget and things of that nature and that’s certainly is a portion of that. The other portion is we factored some things into our cash flow recognizing that as we moved through construction contracts we would be funding some of that construction out of cash awaiting reimbursement from FEMA and other sources. So we’ve factored some of that into the equation.

. Report on Negotiations with RSD and Charters relative to advance funding for FY 2010 Mr. Stanley Smith presented an update. Information provided in the Board packet. We have had a number of conversations with all of the parties concerned relative to advance funding. We have reached out to the Charters to get a feel for those charters that would be willing to participate or share in any financing that would be required to allow us to continue the practice that we followed in the past, which has been followed in the past, of advance funding local revenues. At this point we have nine of our charters have executed letters of intent indicating that they would be willing to share in that effort. We’ve had one charter that is indicated that they would not need the advance funding. They would have the resources to go on their own. One charter indicated that they would prefer to get a response from their Board before they formally announce their intent one way or another on it. And one charter we had not had a response yet. But we do have nine of the twelve charters that have indicated a willingness to participate.

With respect to the Recovery School District, we had a good dialog with them. We’ve reached an agreement; and over the next ten days that we’ll be working with the RSD representatives to put together a plan that would be a, for lack of simple terms, balling plan that would allow us to insure that there is a continuity of cash flow for all of the public school students in Orleans Parish. The RSD personnel have agreed to communicate the need out to their charters as we have communicated the issues to our charters and to provide the information to them so that they understand that. So, we think we are certainly have position it well and we have the support of the majority of the parties involved and the willingness of those parties to move forward in a solution that insures a continuity for everyone and later in the meeting we have an action item coming up, I believe it’s action item no. 5, that we would be recommending a one month deferral of Resolution 51-08 to give us the time and the opportunity to finalize these arrangements.

Ms. Moran asked, I have a question regarding the RSD and its Type V Charters. Considering the Type V Charters are their own LEAs so will there be something crafted or included in the language of the CEA that binds those charters to whatever they’re agreeing to with to the RSD? You understand? There’s a concern there.

Mr. Smith responded, I understand your question and I don’t know that I really have the answer to that. The agreement that we would have would be an agreement structured

6 between us and the Recovery School District and I would expect the Department of Education.

Ms. Moran iterated, because even though they fall under the purview of the RSD they’re considered their own little LEAs with the finances. And so I just don’t want a grey area.

Mr. Smith responded, I understand. How that agreement is structured between the Department of Education and the RSD and their charters would be, I guess, up to those parties to resolve that issue between them. We certainly have reached out to our charters. They have, as I said, nine of them have signed their letter of intent agreeing to share in it. We have to craft an agreement. They will be working with our legal counsel on the complete within the next few days to disseminate to our charters to finalize that agreement.

Mr. Koppel asked, think the agreement would be those Type Vs in which you’re speaking. If they don’t participate, they don’t participate. They’re not forward funded as long as, and I think that would alleviate the situation.

Mr. Robichaux added, but they got to sign on the dotted line, that’s what you’re saying.

Ms. Moran added, I’m talking about the ones that choose to participate, and exactly how that will be crafted. It’s understood that any charter that does not want to participate will, of course, they will wait, what they’re saying is they’ll wait till we are actually in receipt of the funding. Correct?

Mr. Smith responded, that’s correct.

Ms. Moran continued, so that’s not the concern. The concern is who’s speaking on whom’s behalf or who’s back and with what authority?

Mr. Edward Morris stated, Mr. President, Board Member Moran we’ve noted your concern in certainly in our discussion with the state, with the RSD and Louisiana Department of Education. We’ll be sure that there aren’t no grey areas in terms of who will receive funding and the protection that OPSB needs in terms of recovering the cost for those financings. So, we’ve noted your concern.

Ms. Moran asked, I think there is some concern by some charters of whether the advance funding for this month, July, will be received in sufficient time that they may plan accordingly.

Mr. Smith responded, yes. Assuming the approval of the resolution later on in the meeting, we will be remitting the funds to the state tomorrow to fund the RSD and the Type V charters and then our charters will be funded at the end of the month. This has been our practice.

Ms. Moran thanked Mr. Smith.

7 Mr. Smith continued, might also point out one of the items that came up in the discussion with at least the RSD personnel is the issue of, I guess a lack of a better term, trust. Just for the record our books are open. We certainly are willing to share any information that we have with anyone that’s interested in viewing that and to explain that. And we have valid reasons and we think supportable reasons for the financial decisions we make. And we’re certainly willing to share those with charter personnel, RSD personnel, or anyone that would like further clarification on that.

Ms. Moran asked, and that was the discussion you had with the state?

Mr. Smith responded, yes.

Ms. Moran asked, and are they as willing to open up their books to us?

 Human Resources/Personnel – Dr. Armand Devezin presented the following personnel action items for Board approval: . Renewal of Employment Contracts for Certificated Administrative Staff

RECOMMENDATION OF THE HUMAN RESOURCES DEPARTMENT CERTIFICATED PERSONNEL

NAME WORK LOCATION JOB TITLE HIRE DATE DEGREE Haynes-Smith, Mary Bethune Principal 07/22/09 M.A.

. Approval of Personnel Actions: Appointments of Certified and Classified Personnel . Approval Routine Personnel Actions

RECOMMENDATION OF THE HUMAN RESOURCES DEPARTMENT CERTIFICATED/CLASSIFIED PERSONNEL LEAVES OF ABSENCE

NAME WORK LOCATION JOB TITLE TYPE OF LEAVE START DATE END DATE Burton, Joyce McDonogh #35 High School Counselor Sick 08/05/09 11/02/09 Reynolds, Phillip Information and Technology System Analyst Sick 06/12/09 08/10/09

RECOMMENDATION OF THE HUMAN RESOURCES DEPARTMENT CERTIFICATED/CLASSIFIED PERSONNEL RETURN FROM LEAVE TYPE OF NAME WORK LOCATION JOB TITLE LEAVE RETURN DATE Henderson, Tracy McDonogh #35 High School Secondary Teacher Maternity 07/13/09 Smith, Zelda Curriculum & Instruction English/Language Arts Specialist Sick 06/16/09

RECOMMENDATION OF THE HUMAN RESOURCES DEPARTMENT CERTIFICATED/CLASSIFIED PERSONNEL SEPERATION/END OF TEMPORARY ASSIGNMENT/RESIGNATION

8 EFFECTIVE NAME WORK LOCATION JOB TITLE REASON DATE Ary, Brian Curriculum & Instruction ESL Teacher Other Employment 06/16/09 Ambler, Andree Franklin Elementary School School Social Worker Reduction in Force 07/16/09 Benn, Ivan Information Technology IT Help Desk - Staff Reduction in Force 07/16/09 Bickham, Elizabeth Finance General Accountant - Legacy Reduction in Force 07/16/09 Brown, Shannon P.M. High School 10 Months Security Officer Reduction in Force 07/16/09 Brumfield, Hermeen McDonogh #35 High School Secondary Teacher Service Retirement 07/10/09 Byrd, Steven P.M. High School School Social Worker Reduction in Force 07/16/09 Conner, Penny McDonogh #35 High School School Social Worker Reduction in Force 07/16/09 Craft, Ronald Bethune Elementary School 10 Months Security Officer Reduction in Force 07/16/09 Dauphin, Armon Alternative Learning Institute School Social Worker Reduction in Force 07/16/09 Dickerson, Cynthia Finance Special Revenue Analyst Reduction in Force 07/16/09 Gorden, Tyrone Curriculum & Instruction Grants Manager Reduction in Force 07/16/09 Graff, Kathyrn McMain Secondary School School Social Worker Reduction in Force 07/16/09 Haynes-Smith, Mary Bethune Elementary School Principal Service Retirement 07/20/09 Hunter, Taqita McDonogh #35 High School 10 Months Security Officer Reduction in Force 07/16/09 Lewis, Larry Exceptional Chlildren's Services Associate Director Reduction in Force 07/16/09 Louper, Cloris Finance Accounts Payable Specialist Reduction in Force 07/16/09 Love, Donnyette Bethune Elementary School School Social Worker Reduction in Force 07/16/09 Special Revenue Senior Markey, Jane Finance Accountant Reduction in Force 07/16/09 McClendon, Anthony McMain Secondary School 10 Months Security Officer Reduction in Force 07/16/09 Mitchell, Brenda S. Human Resources Operator/Mail Clerk Reduction in Force 07/16/09 End of two year Poudin, Catherine Bethune Elementary School Codofil Teacher assignment 05/26/09 Raheem, Khayriyyah Human Resources Benefits Analyst Reduction in Force 07/16/09 End of two year Remy, Nicolas McDonogh #35 High School Codofil Teacher assignment 05/26/09 Stephens, Carol McMain Secondary School Secondary Teacher Service Retirement 05/26/09 Thomas, Allphonse McDonogh #35 High School 12 Months Security Officer Reduction in Force 07/16/09 Thornburg, Sten Board Office Videographer Reduction in Force 07/16/09 William Jones P.M. High School 10 Months Security Officer Reduction in Force 07/16/09

Dr. Devezin reported, in compliance with Louisiana revised statute 17:444, the contracts for certificated/administrative personnel are to be renewed every two years with a satisfactory evaluation. We have six positions up for renewal tonight and with Board approval we will have the contracts executed by General Counsel for the Board President’s signature. The positions consist of the Reading First Coordinator, an Instructional Specialist in Charge of Language Arts and Social Studies, an Instructional Specialist in Charge of LATAP Evaluation and Instruction, the Human Resources Director, and two Principals for a total of 6 positions to be renewed.

The second item for approval consist of routine personal actions, terminations, school site appointments, leaves, retirements, resignations.

Mr. Morris stated, in fact there needs to be a vote on the (interrupted by Mr. Robichaux).

Mr. Robichaux asked, is this an action now or is it an action item on the agenda?

9 Mr. Morris responded, now. There’s a vote now for the approval of the routine personnel.

Mr. Robichaux asked, my question to you Mr. Morris is have you reviewed this contract, have you made comments and Kathy also? Have yall reviewed this contract and the legality of it the phrasology, the terms of art? Have yall done all that?

Mr. Morris responded, yes I have.

Mr. Robichaux asked, and you’ve approved it?

Mr. Morris responded, that is correct.

Mr. Kilbert stated, Mr. President, Board Member Robichaux, these contracts were designed through the HR department and through the legal department. And whatever changes that needed to be made, legal made those changes.

Motion to accept was made by Mr. Robichaux, seconded by Mr. Bonin. Motion passed unanimously.

COMMITTEE REPORTS/RECOMMENDATIONS/ACTION ITEMS:

 Accountability Committee, Mr. Thomas Robichaux, Chair Mr. Robichaux review the Accountability Committee meeting that was held on Thursday, July 16, 2009. The following reports for information were received: . The Committee received the following end of the year reports: o Curriculum, Instruction & Programs o Instructional Technology Usage o Student Support Services o Athletic Department o Charter School Fiscal Accountability Report o Charter School Cyclical Maintenance Report . The Committee received the following reports for information: o FY 2010 OPSB Calendar o OPSB FY 2010 Vendors Fair

The Charter Schools Sub-Accountability Committee did not meet this month.

 Budget and Finance Committee, Mrs. Lourdes Moran, Chair Ms. Moran recognized OPSB staff (Ms. Nicolette London) for executing the letters that were requested of them to find out about the teacher certification. Ms. Moran asked Nicolette has the state responded yet on your letter regarding certification? Not yet. It went out on what date? I can’t remember.

Mr. Kilbert stated, it went out in June, June 30th.

Ms. Moran stated, in Accountability in August, I’ll ask for another follow-up.

10 Mrs. Moran reviewed the Budget and Finance Committee meeting that was held on Thursday, July 16, 2009. The following reports for information were received: . The Committee received the following Reports for Information o General Fund Monthly Financial Reports o General Fund Cash Flow projections 06 30 2010 o All Funds Cash Flow Projections 06 30 2010 o Cash Flow Projections with RSD and Charter Adjustments o FY 2010 Consolidated Budget Timeline o OPSB FY 2010 Vendors Fair o FY 2010 Charter Schools Agreements for IT Services o Report on the Implementation of the Reduction in Force o Report on the status of Administrative contracts

. The Committee received and recommends the following items and recommends them to the full Board for approval as the Consent Agenda: o Purchasing Items: o Bethune Elementary School Window Replacement o Warren Easton High School Window Replacement o Edna Karr School Window Replacement o Paper Products for various schools through the FY 2010 Child Nutrition Program (including summer program) o Milk for various schools through the FY 2010 Child Nutrition Program (including summer program) . Adoption of the Consent Agenda

Motion to adopt the Budget and Finance Committee Consent Agenda as listed above was made by Mrs. Moran, seconded by Mr. Robichaux. Motion passed unanimously.

. The Committee received and recommends the following items to the full Board for approval: o FY 09 Capital Fund Budget Amendment #3 and Resolution 29-09 o Superintendent’s Recommendation relative Board Policy D435 Payment of Claims and Judgments o Approving the ACSA request for MOU relative to Teacher Advancement Program (TAP)

 Legislative Committee: Mr. Brett Bonin Chair Mr. Bonin reviewed the Legislative Committee meeting that was held on Thursday, July 16, 2009. The following reports for information were received: . The Committee received the following Reports for Information o Report by Board Member Ira Thomas on the 2009 CUBE Issues Seminar o Report on the 2009 Legislative Session

 Legal Committee: Mr. Brett Bonin, Chair Mr. Bonin reviewed the Legal Committee meeting that was held on Thursday, July 16, 2009. The following reports for information were received: . The Committee received and recommends the following items to the full Board for consideration in the Superintendent’s Agenda: o Renewal of Employment Contracts for Certificated Administrative Staff

11  Policy Committee: Mrs. Cynthia Cade, Chair Ms. Cade reviewed the Policy Committee meeting that was held on Tuesday, July 21, 2009. The following reports for information were received: o Amendments C307 Public Records Requests o New Policy- C308 Records Retention o New Policy – G765 Employee Social Security Numbers o Amendments to G723 Compensation Guidelines Overtime: Exempt and Non Exempt

 Property Committee: Mr. Ira H. Thomas, Sr. Chair Mr. Ira Thomas reported . The Property Committee attended a tour of the Quick Start and master Plan Phase I projects under construction on July 8, 2009. The Committee Chair has requested that the CSRS/Jacobs Project Managers present a brief status reports of the projects to the full Board at July 21, 2009 Board Business meeting.

Mr. Ira Thomas reported, on July 8, 2009, the Property Committee attended a tour of the Quick Start and Master Plan Phase I projects that are under construction. Ms. Cade, Ms. Moran, Superintendent and Mr. Bonin participated in the tour. And with us today is some members from the implementation team, CSRS/Jacobs, Ms. Lona Hankins from RSD. She’ll come forward with that group. And I’ve asked them to come and make a brief update to the full Board as to where those projects are now, how their progressing and especially too, for our listening audience.

Ms. Lona Hankins, Director of Capital Improvement for the Recovery School District. . Ms. Hankins provided the Board with a brief historical background on the relationship between CSRS/Jacobs, and the RSD. She stated that the RSD contracted Jacobs/CSRS to execute, act as project management, program management construction management in the November 2007. And last year when there were conversations about consolidating efforts between the RSD and OPSB there was an agreement that the RSD would take that lead on the execution of the construction projects. Jacobs/CSRS is now working on both of our behalf such that at the end of the day we don’t have an equity in our buildings based upon who constructed them and that we implement the Master Plan in accordance with what was adopted in November 2008.

We hosted the tour and we toured five sites. We went to L.B. Landry High School. That school will be open in the fall of 2010. We also did a walk-through the Mahalia Jackson Elementary School and that building will be ready for children in January of 2010.

The Joseph Craig Elementary School will be ready for children, January 2010. Langston Hughes is opening August 17, 2009 for children. We also went to Lake Area which will be ready for children in January 2010. And we toured the Edward Hynes site. I wanted to step back also and explain a little bit of what we’re doing right now as we’re moving forward. We are in design on ten schools. And since late May early June we have been out in community. We’ve done 18 community meetings and we’re visiting with each neighborhood the closet to the schools. The new schools that we’re doing to find out, the first meeting is facilitated listening session where we understand the impact of the school

12 on the neighbor. Many of the schools that we’re visiting are in the Gentilly and New Orleans east area or in areas that were built in the 50’s and so the school size is changing from about 50,000 square feet to about 90,000-95,000 square feet. And so that impacts the neighborhood dramatically as well as our new busses and some of the new heavy duty mechanical equipment. So the first night is the listening session from the community to understand traffic flows and where things should be located. The second night is, we present blocked diagrams that the architecht has done based upon what they heard on that first night and we get feedback from the community to make sure we’ve hit all of the targets.

The ten schools in design are: Fannie C. Williams, Hynes, Frantz, Parkview, Osborne, Bienville, Woodson, Colton, B.T. Washington, and Crocker. I think I got all ten. And I briefly wanted to introduce Jacobs/CSRS team. Here tonight with me are: Mr. Jules Lagarde, the design manager, Mr. Mercy Hodge, the assistant design manager; Mr. Steve Jones, project manager on Craig, Woodson, Parkview and Hynes; and Mr. Frank LaCourse, funding manager with Jacobs/CSRS and he’s primarily responsible for project financing.. He has a team of 10 negotiators that are, maybe not that many, but he’s primarily responsible for increasing our FEMA negotiations and working through helping us get through that very bureaucratic process such that we get as many dollars from FEMA as we can and that we retain those dollars at the end of the day such that they don’t get de-obligated in the close out or an audit or something like that. So we’re working through that process and if you want to speak with any of those guys they’re here to answer questions publicly are you can pull them off line.

Ms. Moran stated that during the tour we had a discussion regarding the review of those project worksheets and trying to capture as many dollars as we possibly can through this review process. I think the conversation was with Stan as well as whether we would piggy-back on that part of the project with the state, the Recover School District. Has that moved any further or are we just trying to get through our budget period considering?

Ms. Hankins stated that Stan or Herman should answer that question for you.

Mr. Smith stated, we have actually received some communication or a proposal for the lack of a better term from the CSRS people on that and we’ve provided it to our legal counsel just to take a look. I could certainly, and I’m not the attorney but in looking at it my initial thought was that since we are tagged on the CSRS contract for project management and this is a portion of that contract from the RSD standpoint that in essence we can utilize those services for the fund management also but I would like clarification on that and if not then we would be bringing it to our Board in August for a confirmation.

Ms. Moran stated that she just wanted to know when it was coming forward in August. An Oversight Committee was suppose to be established by now and it was my understanding that Mr. Ramsey Green had volunteered to get those letters executed because there was some type of misunderstanding with the state department and that they were never released. Do you happen to know where we are with those?

13 Ms. Hankins stated that she didn’t know. And I thought that the letters, from Thelma, that the letters had gone out and that the recipients of those letters were in the nominating process.

Ms. Moran asked Mr. Smith if he knew. Mr. Smith responded. The latest I heard was the letters in the process of going through both organizations to be signed did get hung up somewhere in the process and I hate to use the word lost but I will, and lost but they were mailed out. They were located, they’re mailed out because there was an impact of the timing we had, the letter had a timing that we wanted nominations to come in. I believe that Ms. French sent out a follow-up communication to those organizations extending the time by some period of time and I honestly don’t know what that period was, to give them a little more time to respond to the request for recommendations.

Ms. Moran stated, for the next Budget and Finance meeting in August, can I please have an answer to that?

Mr. Smith responded, yes.

Mr. Brett Bonin stated, Ms. Hankins, first of all I just wanted to go ahead and thank you for all of your help with everything you’ve done with regard to the schools. And I also wanted to ask you too, is there any process under the Master Plan that you are aware of that allows some input from the Board on the naming of new schools in specifically with regard to that of Lake Area High School. And if you need more time to get an answer to me you don’t have to get one right now.

Ms. Hankins responded, I know that the RSD’s doing some research on the law to find out if we can even rename the schools. I know that we’ve asked the council in Baton Rouge to assist us with some of that.

Mr. Bonin continued, and just before Stan speaks, I wouldn’t mind on that one particular school, I have gotten a lot, I guess a lot of people in that area were calling their district representative so I had gotten a lot of calls and e-mails regarding that that particular school name. So, if there’s any way that I can have some input or maybe be at some of the meetings regarding that I would love the opportunity.

Mr. Kilbert added, Mr. President, Mr. Bonin, this Board has policy on the naming and renaming of its properties. I’m not sure whether or not what supersedes what now based upon the Recovery School District and they asked that are currently placed but we do have policy that is in place in regards to the naming of buildings. And I would think that there would need to be some discussion as we are the property owners to make some determination as to how that would happen.

Mr. Smith stated, and Mr. President, I recall as part of the Master Plan, one of the agreements that we had discussed was developing once we got past the planning stage, a committee that would come up with the appropriate policies and procedures for the naming of schools. So, I believe that that was the intent when we went through the planning process to do that as a separate function.

14 Mr. Bonin stated, and Superintendent I wanted to clarify, I know during part of the tour, I think it even came up that possibly sites and/or buildings can have one name but an operator could have another and that’s why I wouldn’t mind getting involved in the discussion.

Ms. Hankins stated, we are exploring that one also because you take a school like Booker T. Washington that may have two programs in it, there’s no way you’re going to take the name Booker T. Washington off that building. It’s just not happening.

Ms. Moran asked, we had mentioned on the tour too about property belonging to OPSB and some of the buildings that were not completely gutted the first round immediately post Katrina that we were going to have a conversation regarding some of those objects. I think one of the Board Members, one in particular called me on that. It’s regarding, I guess property belonging to OPSB in the buildings. Are they all empty? Are all the buildings empty? Let me start with that question.

Ms. Hankins responded, in our last walk-through, I’m going to look back at Frank because he has people who are walking through the empty buildings. In our last walk- through I believe all of them are empty.

Ms. Moran stated, the concern here is this. There was an inventory done by the New Orleans Historical Collections people and they have questioned us about that, those objects. And so we don’t have an answer for it.

Ms. Hankins asked, what type of objects? I know we’ve had some things come missing from the buildings like at Wilson there were a couple of really nice chair sculptures that we’re trying to find because it went missing in the building when no one had resources to protect the buildings.

Ms. Moran continued, the point that I’m trying to make is that would like to have a follow-up conversation about those items. And as for as what those items might be we can have the district contact that entity and see if they have a list possibly that they can provide us. Thanks.

BOARD ACTION ITEMS/RESOLUTIONS The Orleans Parish Board is asked to act upon the following action items:

 Action Item 1: Approving the Superintendent’s request to submit a FY 2010 waiver request to BESE for the implementation of the career diploma (Acts 298 and 246) of 2009 Legislative Session. Superintendent Kilbert request the Board’s support and approval of his desire to submit a waiver request from the implementation of Acts 298 & 246 in FY 2010 school year. The La. Department of Education is currently working on policy revisions and guidance for the implementation on career diploma (Acts 298 and 246) of 2009 Legislative Session. According to the statute, a school district may request a waiver of this requirement from BESE for good cause.

15 Recommendation: That the Orleans Parish School Board approves Superintendent’s Kilbert request to submit a FY 2010 waiver request from the implementation of the career diploma in FY 2010 school year.

Motion to approve the Superintendent Kilbert’s request to submit a FY2010 waiver request was made by Mr. Robichaux, seconded by Mrs. Cade. Motion passed unanimously.

 Action Item No. 2: Adoption to Capital Fund Budget Amendment #3 and OPSB Resolution 29-09. The third resolution amending the Capital Fund Projects Budget for the fiscal year beginning July 1, 2008 and ending June 30, 2009. Recommendation: That the Orleans Parish School Board adopts the Capital Fund Amendment #3 and adopts Resolution 29-09. Capital Projects Amendments to Harrah’s Fund  Amendment #1: To account reallocation of funds to various projects within the Harrahs’s Fund resulting in a net increase of $242,020 and revised Harrah’s Fund Total budget of expenditures of $11,887,646.

Capital Projects Amendments to Bond Fund  Amendment #2: To account reallocation of funds to various projects within the Bond Fund resulting in a net increase of $873,237 and a revised total budget of expenditures of $10,088,309.

Capital Projects Amendments to Community Development Fund  Amendment #3: To account defunding of $1,865,615, in Community Development funds allocated to McDonogh 11/Health Careers Project and Bethune Elementary School projects.

Capital Amendments to Other Fund  Amendment #4: To account defunding of $1,256,817, in Other Funds allocated to McDonogh11/Health Careers Project and Bethune Elementary school projects.

Motion to adopt the Capital Fund Amendment #3 and Resolution 29-09 was made by Mrs. Moran, seconded by Mr. Robichaux. Motion passed unanimously.

Roll Call Vote: Yeas: Cade, Bonin, Moran, Koppel, Bloom, Robichaux Nays: None Absent: Thomas Abstentions: None Resolution 29-09 is adopted with 6 yea votes, no nays, 1 absent and no abstentions.

 Action Item No. 3: Approving Superintendent’s recommendation relative to Board Policy D435 Payment of Judgments and Settlements. The Superintendent’s recommendation is based on FY 2008 external audit; the FY 2010 revenue projections and adopted budget; the FY 2010 General Fund budget that included a reduction in force,

16 elimination of the PM High School; and $8.5 million reduction in budgeted operating expenses. Recommendation: That the Orleans Parish School Board approves the Superintendent’s recommendation and not appropriate general funds for the payment of judgments and settlements in FY 2010 budget.

Motion to approve the Superintendent Kilbert’s recommendation was made by Mrs. Cade, seconded by Mr. Robichaux. Motion passed unanimously.

 Action Item No. 4: Approving the ACSA request for MOU relative to Teacher Advancement Program (TAP). The Orleans Parish School Board as the local education authority (LEA) for the Harte and Karr Charter schools of the Algiers Charter School Association, request OPSB partnership in its application to with National Institute for Excellence in Training to participate in the Teacher Advancement Program (TAP). Superintendent Kilbert recommends approval of MOU. Recommendation: That the Orleans Parish School Board approves the execution of the Memorandum of Understanding with ACSA, United States Department of Education and Orleans Parish School Board and authorizes the Board President to sign.

Motion to approve the Superintendent Kilbert’s the ACSA request for MOU relative to TAP was made by Mr. Robichaux, seconded by Mr. Bloom. Motion passed unanimously.

 Action Item No. 5: Adopting Resolution 30-09, amending Resolution 51-08. Resolution 30-09 will allow the administration thirty days to work toward a fair and equitable solution to the challenges relative to ceasation of advanced funding; and to provide 1/12 funding of local revenue for the month of July to the Recovery School District and OPSB chartered schools. Recommendation: That the Orleans Parish School adopts Resolution 30-09, and authorizes the administration to provide advance funding to Recovery school Districts and OPSB chartered schools for the month of July 2009.

Motion to adopt Resolution 30-09 was made by Mrs. Cade, seconded by Mr. Bonin. Motion passed unanimously.

Roll Call Vote: Yeas: Thomas, Cade, Bonin, Moran, Koppel, Bloom, Robichaux Nays: None Absent: None Abstentions: None Resolution 30-09 is adopted with 7 yea votes, no nays, no absent and no abstentions.

 Action Item No. 6: Resolution 31-09 A Resolution authorizing the issuance and sale of anticipation notes, Series 2009. A Resolution of Orleans Parish School Board, State of Louisiana in a principal amount not to exceed $40,000,000; This request is being submitted for bridge financing to address Cash Flow shortfall anticipated by distribution of local revenue in twelve equitable payments to Recovery School District and OPSB chartered schools. The administration continues to work with LDOE/RSD and OPSB charter schools to ensure the equitable distribution of fees and interest related to revenue anticipation borrowing. 17 Recommendation: That the Orleans Parish School Board adopts Resolution 31-09 authorizes Board President to sign; and authorizes Special Bond Counsel to proceed with all necessary filings.

Motion to adopt Resolution 31-09 was made by Mrs. Moran, seconded by Mrs. Cade. Motion passed unanimously.

Roll Call Vote: Yeas: Thomas, Cade, Bonin, Moran, Koppel, Bloom, Robichaux Nays: None Absent: None Abstentions: None Resolution 31-09 is adopted with 7 yea votes, no nays, no absent and no abstentions.

 Action Item No. 7: Receipt and Retention of following new and amended Board Policies on First Reading: o C307 Public Records Requests (Amendment) o C308 Records Retention (New Policy) o G765 Employees Social Security Numbers (New Policy) o G723 Compensation Guidelines Overtime: Exempt and Non exempt Employees Recommendation: That the Orleans Parish School Board receive and retain the above listed policies on First Reading in accordance with Board Policy B215.

Motion to accept receive and retain the above listed policies on first reading was made by Mrs. Moran, Seconded by Mr. Robichaux. Motion passed unanimously.

Point of Information provided by General Counsel Morris: Mr. President, just as a procedural quirk, to receive a report or receive these are policies for first receiving simply for the receipt we really don’t need a motion. The Board just acknowledges that it’s going to be received and it’s just procedural matter that I think we just need to clear up.

Receipt acknowledged by Ms. Cade without motion.

 Action Item No. 8: Approval of purchasing bid for Canned Goods and Staples for Various Schools Through the Child Nutrition Program for Fiscal Year 2009-2010 Including the Summer Program. The Purchasing Department has received bids for FY 2010 Child Nutrition Programs for canned goods and staples for various schools, including the summer program. The Orleans Parish School Board approved the low bids meeting the specifications for the 2009-2010 Fiscal Year, including the Summer Program:  Chisesi Brothers Meat packing Company Inc. ($136,268.12),  Erma & Al’s Foods ($9,549.00),  Groetsch Wholesale Grocers ($64,287.90). The contract period begins on the date of the Purchase Order through August 31, 2009. Total amount awarded is $210,105.02.

18 Recommendation: That Orleans Parish School Board approves the recommended bid/vendor for Child Nutrition Program.

Motion to approve the recommended bid/vendor was made by Mrs. Cade, seconded by Mr. Bloom. Motion passed unanimously.

 Action Item No. 9: Extend third party contract to provide Title I Supplemental Educational Services for eligible students enrolled in private schools. The OPSB previously approved to increase funding for the Catapult Contract for Title I SES for private schools. On June 15, 2008 Orleans Parish School Board approved a contract with Catapult Learning in the amount of $5,134,164.00 pending final approval of the 2008-2009 eGrant Application for Federal Funds. On December 16, 2008 the Board was asked to ratify the increase of $332,164.00 due to an increase in per pupil allocation. On April 16, 2009 the Board approved a $4,541,969.00 increase to the Catapult contract due to the final approved eGrant Application. On May 26, 2009, the Board approved a $7,129,849.02 increase to the Catapult contract which brings the total to $17,138,146.02. Recommendation: That Orleans Parish School Board approves the extension of the existing Catapult Learning, LLC contract to September 30, 2009 to provide Title I Educational Services to eligible students enrolled in private schools.

Motion to approve the extension of the existing Catapult Learning, LLC contract was made by Mr. Robichaux, seconded by Mr. Bonin. Motion passed unanimously.

 Action Item No. 10: Extend third party contract to provide Title IIA Supplemental Educational Services for eligible students enrolled in private schools. The OPSB previously approved to increase funding for the Catapult Contract for Title IIA SES for private schools. On June 15, 2008 Orleans Parish School Board approved a contract with Catapult Learning in the amount of $5,134,164.00 pending final approval of the 2008-2009 eGrant Application for Federal Funds. On December 16, 2008 the Board was asked to ratify the contract in the amount of $1,927,639.96 due to an increase in per pupil allocation. On April 16, 2009 the Board approved a $1,206,331.04 increase to the Catapult contract due to the final approved eGrant Application. On May 26, 2009, the Board approved a $2,283,532.71 increase to the Catapult contract which brings the total to $5,417,503.71. Recommendation: That Orleans Parish School Board approves the extension of the existing Catapult Learning, LLC contract to September 30, 2009 to provide Title IIA Educational Services to eligible students enrolled in private schools.

Motion to approve the extension of the existing Catapult Learning, LLC contract was made by Mr. Robichaux, seconded by Mr. Bonin. Motion passed unanimously.

RECESS TO EXECUTIVE SESSION: Motion was made to adjourn to Executive Session by Mrs. Cade, seconded by Mr. Bonin. The OPSB recessed into Executive Session.

Consideration of litigation/personnel matters:

19 1. Mable Carey v. Orleans Parish School Board; CDC No. 2001-00452 – Worker’s Compensation; Settlement Recommendation;

2. Teresa Arnolie, individually and o/b/o her minor son, Aaron Collins v. Sheila Banks, Orleans Parish School Board and Underwriters at Lloyds of London Insurance Company; CDC No. 2005-13221 – Personal Injury; Settlement Recommendation; and

3. Rita Watson, individually and on behalf of her minor son, Rashad Reed Watson v. Orleans Parish School Board, CDC No. 2003-13680 – Personal Injury; Settlement Recommendation

4. Orleans Parish School Board v. Lexington Insurance Company, AON Risk Services, Inc. of Louisiana, James Lawler, ABC Insurance Company, Clarendon America Insurance Company, Essex Insurance Company, Westchester Surplus Lines Insurance Company (an Ace USA company), and RSUI Indemnity Company; CDC No. 2006-7342 – Insurance Litigation; Status Report.

RECONVENE/ROLL CALL: The Orleans Parish School Board reconvened in Business Session at 8:10pm. Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, present, Mr. Brett Bonin, present; Mrs. Lourdes Moran, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present, Mr. Thomas Robichaux, present. Ex-officio Board Members: Mr. Darryl Kilbert, Superintendent, present; Mr. Edward Morris, General Counsel, present; Ms. Thelma French, Board Secretary, absent.

REPORT ON LEGAL/PERSONNEL MATTERS: Litigation/Personnel matters:

1. Mable Carey v. Orleans Parish School Board; CDC No. 2001-00452 – Worker’s Compensation; Settlement Recommendation; Recommendation of the Office of General Counsel that this Board approves the settlement proposal as proposed in executive session. (Confidential. Settlement is still being negotiated.)

2. Teresa Arnolie, individually and o/b/o her minor son, Aaron Collins v. Sheila Banks, Orleans Parish School Board and Underwriters at Lloyds of London Insurance Company; CDC No. 2005-13221 – Personal Injury; Settlement Recommendation; and Recommendation of the Office of General Counsel that this Board approves the settlement proposal as discussed in executive session. ($3,533.00)

3. Rita Watson, individually and on behalf of her minor son, Rashad Reed Watson v. Orleans Parish School Board, CDC No. 2003-13680 – Personal Injury; Settlement Recommendation

20 Recommendation of the Office of General Counsel that this Board approves the settlement proposal as discussed in executive session. ($10,231.00)

4. Orleans Parish School Board v. Lexington Insurance Company, AON Risk Services, Inc. of Louisiana, James Lawler, ABC Insurance Company, Clarendon America Insurance Company, Essex Insurance Company, Westchester Surplus Lines Insurance Company (an Ace USA company), and RSUI Indemnity Company; CDC No. 2006-7342 – Insurance Litigation; Status Report. General Counsel’s office would recommend approval by this Board to move forward with this litigation as proposed by Board Counsel in executive session.

Motion to adopt General Counsel’s recommendations as listed above was made by Mr. Robichaux, seconded by Mrs. Moran. Motion passed unanimously.

ANNOUNCEMENTS:

The Orleans Parish School Board will host a FY 2010 Vendors Fair, on Monday, August 10, 2009 10:00am-2:00pm at the NORD Berman Recreation Center. For more information check the district website at @www.nops.k12.la.us

ADJOURNMENT: Motion to adjourn was made by Mr. Robichaux. The Orleans Parish School Board adjourned at 8:20 PM.

This is certified to be a true and correct copy of the Minutes of Orleans Parish School Board, Board Business Meeting held July 21, 2009 and approved at the October 22, 2009, meeting of the Board.

Respectfully submitted,

Thelma French Ex–Officio Board Secretary

21 ORLEANS PARISH SCHOOL BOARD RESOLUTION NO. 29-09

The following resolution was offered by Lourdes Moran and seconded by Thomas Robichaux.

A fiscal resolution amending the Capital Projects Budget for the fiscal year beginning July 1, 2008 and ending June 30, 2009.

BE IT RESOLVED BY THE ORLEANS PARISH SCHOOL BOARD, convened in a board business meeting, adopted the following amendments to reallocating funding between funds to various approved projects in the Capital Plan and the amended Capital Projects Budget of Revenues and Expenditures for the fiscal year 2008-09:

Capital Projects Amendments to Harrah’s Fund:

 Amendment # 1: To account reallocation of funds to various projects within the Harrah’s Fund resulting in a net increase of $242,020 and revised Harrah’s Fund total budget of expenditures of $11,887,646.

Capital Projects Amendments to Bond Fund:

 Amendment # 2: To account reallocation of funds to various projects within the Bond Fund resulting in a net increase of $ 873,237 and a revised total budget of expenditures of $10,088,309.

Capital Projects Amendments to Community Development Fund:

 Amendment #3: To account defunding of $1, 865,615, in Community Development funds allocated to McDonogh 11/Health Careers Project and Bethune Elementary school projects.

Capital Projects Amendments to Other Fund

 Amendment #4: To account defunding of $1, 256,817, in Other funds allocated to McDonogh 11/Health Careers Project and Bethune Elementary school projects.

22 This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Cade, Bonin, Moran, Bloom, Koppel, Robichaux

NAYS: None

ABSENT: Thomas

ABSTENTIONS: None

PASSED AND ADOPTED AT THE ORLEANS PARISH SCHOOL BOARD MEETING at McDonogh #35 High School, 1331 Kerlerec Street, New Orleans, Louisiana, on this the 21st day of July, 2009.

______Darryl C. Kilbert, Secretary –Treasurer Woody Koppel, President

23 ORLEANS PARISH SCHOOL BOARD RESOLUTION NO. 30-09Amended

The following resolution was offered by Cynthia Cade and seconded by Brett Bonin.

A resolution of the Orleans Parish School Board amending Resolution 30-09 extending the period of implementation of Resolution 51-08 to September 15, 2009.

WHEREAS, the Orleans Parish School Board adopted Resolution 30-09 at July 21, 2009 Board business meeting granting the Superintendent’s request for a thirty day extension of the implementation of Resolution 51-08, relative to distribution of local revenue and ceasing the distribution of uncollected local revenue (advance funding); and

WHEREAS, the Orleans Parish School Board adopted Resolution 31-09 at July 21, 2009 Board business meeting authorizing the issuance and sale of revenue anticipation notes, in a principal amount not to exceed $40,000,000, for bridge financing to address Cash Flow shortfall anticipated by distribution of local revenue in twelve equitable payments to Recovery School District and OPSB chartered schools; and

WHEREAS, the Superintendent and Chief Financial Officer are in the final phases of negotiation with the Louisiana Department of Education/Recovery School District and the OPSB chartered schools and have established a timeline for execution of the Cooperative Endeavor Agreement by September 15, 2009; and

WHEREAS, the Superintendent request Board approval to amend the implementation of Resolution 30-09 extending the date of implementation of Resolution 51-08 to September 15, 2009 in support of the timeline presented to the OPSB chartered schools and Louisiana Department of Education/Recovery School District.

NOW THEREFORE BE IT RESOLVED THAT, the Orleans Parish School Board amends Resolution 30-09, extending the grace period for the implementation of Resolution 51- 08 to September 15, 2009 in support of the administration’s efforts to resolve the funding challenges facing public education in a mutually beneficial manner; and directs the Superintendent or his designee to notify by certified mail the State Superintendent of Education, the OPSB Charter Schools and Recovery School District of the adoption of this amendment to Resolution 30-09 by the Orleans Parish School Board.

24 This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Thomas, Cade, Bonin, Moran, Bloom, Koppel, Robichaux

NAYS: None

ABSENT: None

ABSTENTIONS: None

______Darryl C. Kilbert, Secretary –Treasurer Woody Koppel, President

25 ORLEANS PARISH SCHOOL BOARD RESOLUTION NO. 31-09

The following resolution was offered by Lourdes Moran and seconded by Cynthia Cade:

A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF ANTICIPATION NOTES, SERIES 2009 OF THE ORLEANS PARISH SCHOOL BOARD, STATE OF LOUISIANA IN A PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000; APPROVING THE FORM OF A PURCHASE AGREEMENT BETWEEN THE SCHOOL BOARD AND THE LOUISIANA PUBLIC FACILITIES AUTHORITY OR ANY OTHER PURCHASER; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR CONSENT AND AUTHORITY FOR SUCH BORROWING; AND PROVIDING FOR OTHER MATTERS WITH RESPECT TO THE FORGOING.

WHEREAS, pursuant to Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, Orleans Parish School Board, State of Louisiana (the “School Board”), in order to pay its current expenses for any fiscal year, may anticipate revenues for such fiscal year and may borrow money to pay such expenses and issue evidences of indebtedness to evidence such borrowing; and

WHEREAS, based on the cash flow projection of the School Board for the fiscal year ending June 30, 2010, there is a need for the School Board to borrow money in anticipation of revenues in order to meet its expenses of current operation for the fiscal year ending June 30, 2010; and

WHEREAS, the School Board desires to borrow not to exceed Forty Million Dollars ($40,000,000) pursuant to the Act from either the Louisiana Public Facilities Authority, a consortium of local banks or from an investment banking firm or any other approved purchaser to pay current operations and to dedicate and set aside taxes and other revenues of the current fiscal year for the payment of Revenue Anticipation Notes, Series 2009 issued under the provisions of the Act and this resolution (the “2009 Notes”), which 2009 Notes will fall due and be payable not later than June 30, 2010, together with interest thereon as provided herein; and

26 WHEREAS, the School Board intends to issue and sell the 2009 Notes either to the Authority or to local banks in a principal amount not to exceed $40,000,000; and

WHEREAS, the School Board has adopted its budget for its General Fund for the fiscal year ending June 30, 2010; and

WHEREAS, the borrowing authorized pursuant to this Resolution does not exceed one- half of the anticipated revenues of the School Board for the remainder of the fiscal year ending June 30, 2010; and

WHEREAS, in connection with the issuance and sale of the 2009 Notes, the School Board will be required to enter into a Purchase Agreement (the “Agreement”) with either the Authority, with a consortium of local banks, and investment banking firm or other approved purchaser; and

WHEREAS, in connection with its purchase of the 2009 Notes, the “Authority or local banks will require the School Board to utilize the security procedure authorized by Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, to further secure the payment of the 2009 Notes; and

WHEREAS, the issuance of the 2009 Notes is subject to approval by the Louisiana State Bond Commission.

NOW, THEREFORE, BE IT RESOLVED by the School Board, that: SECTION 1. There is hereby authorized the incurring of debt and the issuance of Revenue Anticipation Notes, Series 2009 of Orleans Parish School Board, State of Louisiana in the principal amount not to exceed $40,000,000 to be designated “Revenue Anticipation Notes, Series 2009” (the “2009 Notes”) for the propose of paying the current expenses of the General Fund for the fiscal year ending June 30, 2010, pursuant to the provisions of Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto.

SECTION 2. The 2009 Notes shall mature no later than June 30, 2010 and shall bear interest, payable as stated therein, at the rate or rates stated thereon; provided, however, that the interest rate borne by the 2009 Notes from its date of issuance until its maturity date shall not exceed 6.0% per annum. The 2009 Notes issuable hereunder shall be issued in substantially the form attached hereto as Exhibit A with such necessary or appropriate variations, omissions and insertions as are required or permitted by law or by this Resolution or the Agreement.

SECTION 3. All revenues to accrue to the General Fund of the School Board for the fiscal year ending June 30, 2010, shall be pledged to secure the payment of the principal of and interest on the 2009 Notes.

SECTION 4. The sale of the 2009 Notes to the Authority, to a consortium of local banks, to an investment bank or to any other purchaser thereof (the Authority, local banks or any such purchaser herein referred to as the “Purchaser”), for a purchase price equal to the principal amount thereof is hereby approved.

27 SECTION 5. The form of the Agreement as presented at this meeting and on file with the Secretary of the School Board attached hereto as Exhibit B, with such additions, omissions and changes as may be approved by the President, Vice President, and/or Secretary of the School Board, is hereby approved; the signature of the President, Vice President and/or Secretary on the Agreement to constitute conclusive evidence of their approval of such additions, omissions and changes.

SECTION 6. There is hereby created a separate and distinct subfund within the School Board’s General Fund to be entitled “Orleans Parish School Board Revenue Anticipation Notes, Series 2009 – Sinking Fund Subaccount” (the “2008 Sinking Fund Subaccount”) to be maintained at a financial institution to be designated by the Purchaser. Amounts deposited in the said 2009 “Sinking Fund Subaccount may be applied to a lien in favor of the Purchaser of said 2009 Anticipation Notes.

SECTION 7. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the Louisiana State Department of Education, in substantially the form set forth as Exhibit C to the Agreement that will irrevocably direct certain payments of Minimum Foundation Equalization Distribution Funds due to the School Board for the fiscal year ending June 30, 2010 to be deposited into the 2009 Sinking Fund Subaccount.

SECTION 8. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the trustee for the Purchaser, in substantially the form set forth as Exhibit “D” to make withdrawals from the 2010 Sinking Fund Subaccount to pay the principal of and interest on the 2009 Notes.

SECTION 9. The President, Vice President, Secretary and/or Superintendent are authorized to enter into any other instruments or agreements and to take such further actions as may be necessary or desirable in connection with the issuance of the 2009 Notes and the transactions contemplated by this Resolution.

SECTION 10. The President, Vice President, Secretary and/or Superintendent are fully empowered and authorized to execute all documents necessary for the issuance of the 2009 Notes and to affix the seal of the School Board to such documents.

SECTION 11. Application be and same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue, sell and deliver the aforesaid 2009 Notes, and a certified copy of this Resolution shall be forwarded to the State Bond Commission, together with a letter requesting the prompt consideration and approval of this application.

SECTION 12. The School Board hereby finds and determines that a real necessity exists for the employment of special bond counsel in the issuance of the 2009 Notes, and accordingly the law firm of Foley & Judell, L.L.P., Bond Counsel, is hereby employed as Bond Counsel to handle all matters of a legal nature in connection with the negotiation, sale, issuance and delivery of the 2009 Notes. Said special bond counsel shall prepare and submit to this School Board all

28 proceedings necessary for the due authorization, issuance, sale and delivery of the 2009 Notes. The fee of special bond counsel in this connection is hereby fixed at $20,000, plus expenses, which sum is less than the maximum fee allowed by the Attorney General’s fee schedule for comprehensive legal and coordinate professional services in the issuance of general obligations, based on the amount of said 2009 Notes actually issued, sold and delivered, plus “out-of-pocket” expenses, said fee to be contingent upon the issuance, sale and delivery of said notes. A certified copy of this resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment herein provided for.

SECTION 13. The School Board covenants and agrees that, to the extent permitted by the laws of the State Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the 2009 Notes under the Code. The School Board further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the 2008 Notes or any other funds of the School Board to be used directly or indirectly in any manner, the effect of which would be to cause the 2009 Notes to be “arbitrage bonds” or would result in the inclusion of the interest on the 2009 Notes in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Note proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the 2009 Notes in a manner which would cause the 2009 Notes to be “private activity bonds”. The President and Secretary of the School Board are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this resolution and the Supplemental Resolution and to effect the issuance and delivery of the 2009 Notes.

SECTION 14. If any provision or item of this resolution or the Supplemental Resolution, or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution or the Supplemental Resolution which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this resolution and the Supplemental Resolution are hereby declared severable.

SECTION 15. The foregoing resolution shall take effect immediately upon its adoption.

SECTION 16. A copy of this resolution shall be published at least once in the official journal of the School Board or, if there is none, in a newspaper having general circulation therein. For thirty days after the date of publication, any person in interest may contest the legality of this Resolution and of any provision herein made for the security and payment of the 2009 Notes. After that time, no one shall have any cause of action to test the regularity, formality, legality or effectiveness of this Resolution, and provisions thereof for any cause whatsoever. Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the 2009 Notes has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.

The foregoing resolution was offered by ______and seconded by ______. The foregoing resolution having been submitted to a vote, the vote resulted as follows:

29 YEAS: Thomas, Cade, Bonin, Moran, Bloom, Koppel, Robichaux

NAYS: None

ABSENT: None

ABSTENTIONS: None

______George H. Koppel, President Darryl C. Kilbert, Secretary –Treasurer

STATE OF LOUISIANA PARISH OF ORLEANS

I, the undersigned Secretary of the Parish School Board of the Parish of Orleans, State of Louisiana, do hereby certify that the foregoing five (5) pages constitute a true and correct copy of a resolution adopted by said Parish School Board on July 21, 2009, making application to the State Bond Commission for approval of the issuance by the Parish School Board of the Parish of Orleans, State of Louisiana, of not exceeding $ 25,000,000 of Revenue Anticipation Notes, and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said School Board, on this 21sth day of July, 2009.

______Secretary

(SEAL)