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Board of Education Meeting - May 7, 2014

Meeting Date & Time: Wednesday, May 7, 2014, 5:00 PM
Where: John Milne Community Board Room, Alice and Bruce King Educational Complex, 6400 Uptown NE, Abuquerque, NM
Minutes: Minutes
Agenda Packet: Packet
Meeting Posted On: 04/21/2014, 6:11 PM
Agenda Posted On: 05/02/2014, 5:49 PM
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Board of Education Meeting

AGENDA

 

Wednesday, May 7, 2014

5:00 PM

John Milne Community Board Room, Alice and Bruce King Educational Complex, 6400 Uptown Blvd. NE

Albuquerque, New Mexico

 

I.

Call to Order

 

A.

Color Guard Presentation by Sandia High Air Force JROTC Under the Instruction of Captain David Plaster

 

I.

Pledge of Allegiance and Moment of Silence

 

B.

Roll Call

 

C.

Adoption of the May 7, 2014, Board of Education Meeting Agenda and Approval of the April 25, 2014, Special Board of Education Minutes (Discussion/Action)

 

II.

Recognition of Students, Staff and Community

 

A.

Celebration of the 2014 Milken Family Foundation National Educator Award Winner Andrew Cook, Manzano High School

 

B.

Celebration of the Technology Integration Group (TIG) Innovation Award Winners - Philip Friedman, Osuna Elementary School; Susan Johnston, Jimmy Carter Middle School; Molly Rice, Montezuma Elementary School; Heather Ortiz, Chaparral Elementary School; Gary Bodman, Taft Middle School; Rick Sleeter, Eldorado High School; Steven Lamb, E.G. Ross Elementary School; Seth Hoover, Alamosa Elementary School

 

C.

Celebration of the Pepsi Teachers of the Month – Kathy Thompson, Dennis Chavez Elementary School; Elizabeth Torres, Taylor Middle School; Janine Sears, Roosevelt Middle School; Clara Gonzales-Espinoza, Emerson Elementary School; Brenda Schneider, Painted Sky Elementary School; Gary Gomez, Albuquerque High School; Lisa Caldwell, Bill Creech, Dolores Salazar and Elizabeth Scharrer, Rio Grande High School; Daniel Kennerly, Hoover Middle School; Teresa Silva, Eugene Field Elementary School

 

D.

Horizon Award APS Education Foundation Grant Recipients Representing 122 Teachers at 32 Schools Earning More Than $85,000 in Awards for Doing Innovative Work with 16,000 Students

 

E.

Albuquerque Public Schools Teachers Representing Schools Across the District for Earning the Prestigious National Board Certification for 2013-2014

 

III.

Public Forum

 

IV.

Matters of Information

 

A.

Superintendent's Report

 

V.

Special Issues

 

A.

Presentation of Charter School Fiscal Performance and Viability (Discussion)
Presenter: Don Moya, Chief Financial Officer, and Ruben Hendrickson, Deputy Chief Financial Officer

 

B.

Consideration for Approval of $400,000 for the Rio Grande High School Swimming Pool (Discussion/Action)
Presenter: Superintendent Winston Brooks

 

C.

Presentation of Fiscal Year 2014-2015 Preliminary Budget (Discussion)
Presenter: Don Moya, Chief Financial Officer, and Ruben Hendrickson, Deputy Chief Financial Officer

 

D.

Consideration of Approval of Appointing the Superintendent as its Designee to Approve Content of Advertisements for the Clear Channel Billboards (Discussion/Action)
Presenter: Art Melendres, Modrall

 

E.

Update on Graduation (Discussion)
Presenter: Eddie Soto, Associate Superintendent of Secondary Schools and Members of the Graduation Committee

 

VI.

Approval of Consent Calendar Items (Discussion/Action)

 

A.

Consideration for Approval of Policy and Instruction Matters (Discussion/Action)

 

I.

Approval of the 2014-15 Fine Arts Education Act (FAEA) Application for Funding

 

VII.

Board Member Comments

 

VIII.

President's Report

 

IX.

Announcement of Upcoming Board Meetings

 

A.

The next Special Board of Education meeting will be held on Friday, May 30, 2014, at 7:30 a.m., in the DeLayo Martin Community Room of the Alice and Bruce King Educational Complex, 6400 Uptown Blvd NE.

 

B.

The next Board of Education meeting will be held on Wednesday, May 21, 2014, at 5:00 p.m., in the John Milne Community Board Room of the Alice and Bruce King Educational Complex, 6400 Uptown Blvd NE.

 

X.

Consideration for Approval to Convene in Executive Session Pursuant to the Open Meetings Act NMSA 1978 (§ 10-15-1 (H)(7)) for the Purpose of Discussing Pending Litigation Regarding Charles “Ched” MacQuigg vs. The Albuquerque Public Schools Board of Education, Civ. No. 12-1137 MCA/KBM (Action)

 

XI.

Reconvene to Open Session

 

XII.

Statement of Closure

 

XIII.

Adjournment

 









 

Minutes of Board of Education Meeting

Albuquerque Public Schools

 

A Board of Education meeting of Albuquerque Public Schools was held Wednesday, May 7, 2014, beginning at 5:00 p.m., in the John Milne Community Board Room, Alice and Bruce King Educational Complex, 6400 Uptown Blvd. NE.

 

  1. I. Call to Order

The meeting was called to order at 5:00 p.m.

A.         Color Guard Presentation by Sandia High Air Force JROTC Under the Instruction of Captain David Plaster

I.          Pledge of Allegiance and Moment of Silence

B.         Roll Call

Present: Dr. Analee Maestas, Kathy Korte, Lorenzo Garcia (by phone), Martin Esquivel (by phone), Steven Michael Quezada, Dr. Don Duran, and Dr. David Peercy

C.         Adoption of the May 7, 2014, Board of Education Meeting Agenda and Approval of the April 25, 2014, Special Board of Education Minutes (Discussion/Action)

Board member Esquivel motioned for adoption of the agenda with the change to the agenda of moving agenda item V. B and V. D. to be heard first in the order of Special Issues.  Board member Korte seconded the motion.  Board members unanimously adopted the May 7, 2014, Board of Education meeting agenda with the change in the order of the Special Issues.  Board member Duran motioned to approve the minutes.  Board member Quezada seconded the motion.  Board members unanimously approved the April 25, 2014, Special Board of Education meeting minutes.

 

II.         Recognition of Students, Staff and Community

A.         Celebration of the 2014 Milken Family Foundation National Educator Award winner Andrew Cook, Manzano High School

B.         Celebration of the Technology Integration Group (TIG) Innovation Award winners - Philip Friedman, Osuna Elementary School; Susan Johnston, Jimmy Carter Middle School; Molly Rice, Montezuma Elementary School; Heather Ortiz, Chaparral Elementary School; Gary Bodman, Taft Middle School; Rick Sleeter, Eldorado High School; Steven Lamb, E.G. Ross Elementary School; Seth Hoover, Alamosa Elementary School

C.         Celebration of the Pepsi Teachers of the Month – Kathy Thompson, Dennis Chavez Elementary School; Elizabeth Torres, Taylor Middle School; Janine Sears, Roosevelt Middle School; Clara Gonzales-Espinoza, Emerson Elementary School; Brenda Schneider, Painted Sky Elementary School; Gary Gomez, Albuquerque High School; Lisa Caldwell, Bill Creech, Dolores Salazar and Elizabeth Scharrer, Rio Grande High School; Daniel Kennerly, Hoover Middle School; Teresa Silva, Eugene Field Elementary School

D.         Celebration of the Horizon Award APS Education Foundation Grant recipients representing 122 teachers at 32 schools earning more than $85,000 in awards for doing innovative work with 16,000 students

E.         Celebration of the Albuquerque Public Schools teachers representing schools across the district for earning the prestigious National Board Certification for 2013-2014

 

III.        Public Forum

Participants of public forum expressed concern regarding building permits for APS construction; concern of Montezuma Elementary School budgeting decisions based on the loss of enrollment, which will cause the loss of staffing, especially math interventionist, a teacher and an educational assistant; support for students to learn critical thinking skills for student achievement; support for the Rio Grande Pool facilities and community engagement; support for quality physical education curriculum and teaching because marching band and cheerleading don’t support life-long healthy behaviors and support for a physical education coordinator for the district; concern for the amount of testing that does not provide immediate feedback for evaluation of student achievement, including redundant testing; and concern for possible funding of the Rio Grande pool, when this facility is not part of the Capital Master Plan and recommendation for finding alternative funding.

IV.        Matters of Information

A.         Superintendent's Report

Superintendent Brooks reported on the following:

  • Gratitude for Dr. Winter’s contributions as APS chief operations officer and recognition of Ruben Hendrickson’s appointment as chief operations officer  as Dr. Winter retires
  • National Teacher Appreciation Week celebrating the achievements of APS teachers, for all they do to help students succeed and support engagement with their communities
  • Congratulations to the 2014 APS graduates, as well as the teachers and staff that made their journey through school possible
  • Congratulations to APS seniors, Ceidric Platero of Del Norte High School and Gabriel Reyes of Valley High School, named 2014 Gates Millennium Scholars receiving a full ride to the university or college of their choice and leadership development opportunities, mentoring, academic and social supports
  • Congratulations to La Cueva, Eldorado, Early College Academy, Volcano Vista, Sandia and Albuquerque High School awarded gold medals by the U.S. News and World Report
  • Congratulations to Nathan Chael, Manzano High School; Shelly Dai, La Cueva High School; Jessica Depoy, Eldorado High School;  and James Erikson, Eldorado High School winning National Merit Scholarships for 2014 based on SAT scores outstanding academic records, recommendations from their principals as well as essays the students write about their participation in school and community activities

 

V.         Special Issues

A.         Presentation of Charter School Fiscal Performance and Viability (Discussion)

Don Moya, chief financial officer, and Ruben Hendrickson, deputy chief financial officer, presented the charter school fiscal performance and viability report that included the information regarding enrollment, liquidity, initial and repeat audit findings and exceptions noted on site visit for the following schools:

 

  • 21st Century Public Academy
  • Alice King Community School
  • Albuquerque Talent & Development
  • Bataan Military Academy
  • Christine Duncan’s Heritage Academy
  • Corrales International
  • Digital Arts and Technology
  • El Camino Real Academy
  • Gordon Bernell Charter School
  • La Academia de Esperanza
  • Los Puentes Charter School
  • Montessori of the Rio Grande
  • Mountain Mahogany Community School
  • Native American Community Academy
  • Nuestros Valores Charter School
  • Public Academy for Performing Arts
  • Robert F. Kennedy High School
  • School for Integrated Academies & Tech
  • South Valley Academy

 

Mr. Moya stated that this is a recurring report to provide fiscal information and a valuable tool to evaluate the charter schools authorized by the APS district.  The information for the past four fiscal years is posted on the APS Accounting Department’s website and the principals have been notified.

 

 

B.         Consideration for Approval of $400,000 for the Rio Grande High School Swimming Pool (Discussion/Action)

Superintendent Winston Brooks mentioned that this agenda item was at the request of board members and he reviewed the previous discussions at past board and board committee meetings. Board members had directed administration to meet with the county with the possibility of APS contributing $400,000 that must be approved by the APS Board of Education. Issues discussed considered legal interpretation, the joint powers agreement (JPA), lack of documentation to substantiate APS’ financial commitment to the Rio Grande pool, and the absence of this project from the APS Capital Master Plan. He stated that Bernalillo County owns the building, and Albuquerque Public Schools owns the land.  Further, that the request for a contribution is the result of a shortage of cash flow from the county. APS was never involved in the design or review of the project even though APS offered to provide expertise to review the bids. The county and APS discussed the consideration of the city assisting to reduce the financial shortfall. APS informed the county that if the Board of Education approved the financial commitment, it could not be used for purchasing a splash pad or slide due to the safety issues and the liability of the district.  The county is requesting a letter of commitment from the APS district confirming the contribution of $400,000 to assist with the pool costs.  Mr. Brooks stated that this agenda item comes to board members without administrative recommendation. Legal counsel provided a suggestion for a motion for this agenda item considering that APS needs to have documentation of exactly how the funds will be spent on this project if board members decide to approve this funding.

 

Issues discussed regarding this agenda item:

  • Research shows that this community needs a pool that students and residents will draw benefit
  • Providing funding for this project violates the Capital Master Plan process
  • Concern for the precedent set by approving this expenditure
  • No documentation of a verbal agreement for support exists
  • County refused the offer of APS to purchase county land so the county could use the proceeds to support the pool project
  • Concern that county is requesting a new JPA to clarify building and land ownership; maintenance; operational responsibilities; future capital needs and whose responsibilities they will be; and a fund for county and APS to contribute to annually for upkeep of a new pool
  • Recommendation that a JPA should be renegotiated and approved by the New Mexico State Board of Finance before a consideration of contributions is discussed
  • Concern that expenditure of this magnitude is not viable for APS considering the district’s budget shortfall, the ramifications to the bond rating if taken out of cash reserves and this project was never part of the Capital Master Plan
  • Request for a roll call vote on this issue
  • Support for following the APS Capital Master Plan for facility needs
  • Concern regarding how this expenditure will affect the 2014-2015 fiscal year budget
  • Administration stated operational funding spent on this project will negatively impact future bond ratings
  • Importance of being good stewards of public funds
  • Reminder that the APS Capital Master Plan is based on assessments of facilities ranked consistently by a committee of citizens
  • Legal counsel stated that the JPA currently in effect is not clearly worded
  • Concern regarding the inappropriate political pressure from the county and legislators
  • Importance of providing a safe environment for students and the rest of the community
  • Support for the project, but concern that reasonable and generous offers were refused by the county, especially in the light of the county’s funding mismanagement
  • Concern that this agenda item did not go to the Capital Outlay, Property and Technology Committee for review first before bringing it to the Board of Education meeting
  • Participation of City Council or lack of participation
  • Concern for vagueness of the JPA  and recommend renegotiating to clearly project APS’ interests and liability
  • Recommendation to table this agenda item and look for alternatives
  • Concern that board members should call on staff to provide information when the proper protocol is to submit request for administration response through the superintendent
  • Recommendation to not consider reserves as a source of funding

 

Board member Esquivel motioned to disapprove this agenda item.  Ms. Korte seconded the motion.  The roll call vote resulted in board members voting to not approval of $400,000 for the Rio Grande High School swimming pool with board members Esquivel, Garcia, Korte, and Peercy voting for non-approval of the expenditure and board members Duran, Quezada and Maestas voting for approving funding of the contribution to the pool.

Dr. Maestas requested that Superintendent Brooks provide recommendations to proceed on this issue.

 

C.         Presentation of Fiscal Year 2014-2015 Preliminary Budget (Discussion)

Don Moya, chief financial officer, and Ruben Hendrickson, deputy chief financial officer, reviewed the process and progress of building the APS fiscal year 2014-2015 budgets.   A listing of factors and options used to build the budget was presented including revenue, enrollment, surplus, shortfall, cash balance, functional and expenditure trends, budget development assumptions, investments to support enrollment, unfunded mandates, restoring support levels and compensation reorganization.

 

The following issues were discussed regarding the preliminary budget:

  • Effect on bond rating if cash reserves are used to cover shortfall
  • Enrollment trends of charter schools growing and APS traditional school decreasing
  • Proposed definition of a “school of choice” as any school offering options beyond what is traditionally being offered at a traditional school
  • Continued discussion sought to create a clear definition of a “school of choice” so that parents can make clear decisions about their student’s educational opportunities
  • Parents assume that “schools of choice” are open enrollment or based on a lottery system similar to some charter schools
  • Concern that “schools of innovation” resources will focus on top students and stem participants and students, who have dropped out will be overlooked
  • Request to determine method of voting on budget and if it will include the ability to vote for each line item separately
  • Reminder that it is the responsibility of the board to approve a balanced budget
  • Administration requested that the budget package be voted on in its entirety
  • Board members’ input is valuable to building balanced and responsible budget
  • Request for the total amount spent on assessments mandated by the district and total amount spent on assessments mandated by other entities
  • Request for clarification of where cultural proficiency program funding is placed in the budget
  • Concern that the “wish list” is pushing the district into the red
  • Timeline of upcoming budget presentations and the final vote on the budget

 

D.         Consideration of Approval of Appointing the Superintendent as its Designee to Approve Content of Advertisements for the Clear Channel Billboards (Discussion/Action)

Mr. Melendres explained that the New Mexico State Board of Finance approved the lease agreement between Clear Channel and APS with one change, requiring that the executed lease be ratified by the board.  The change requested by the State Board of Finance is in paragraph 21(h) of the lease:   “Content of all advertisements is subject to approval by the Board of Education of the Albuquerque Public Schools or its designee in concert with applicable Albuquerque Public Schools Board of Education Policies and Procedural Directives.”

The APS Board of Education ratified the lease with the requested change and now is taking action to appoint the superintendent as its designee to approve advertising content for the Clear Channel billboards.

Dr. Peercy motioned for approval of appointing the superintendent as its designee to approve content of advertisements for the Clear Channel Billboards.  Board member Korte seconded the motion.  Board members unanimously approved the motion.

 

 

E.         Update on Graduation (Discussion)

Eddie Soto, associate superintendent of secondary schools, introduced the members of the graduation committee and highlighted the contributions of Brenda Yager, executive director of Board of Education Services; Christy Albright, board and constituent services specialist ; Julie Sanchez, coordinator of Athletics; Laurie Johnson, instructional coordinator; Ben Schulz, Cibola High School activities director; Tracy Seckler, Eldorado High School activities director; Steve Gallegos, interim chief of police, and Johanna King, communications specialist.

Information was reviewed regarding the progress of preparing for the graduations. Ms. Sanchez expressed the importance of board members accepting the students as graduates.  She also reviewed the importance of attire chosen as appropriate for each school’s graduation and the need to allow time to arrive prior to the beginning of the events.  The graduation committee also would like graduation participants to share their thoughts of best practices and needs for improvement in the debriefing process.

Board members requested parking closer to the entrance and list of the cultural attire that each school allows.

Monica Armenta introduced the video that will be played at the Tingley graduations highlighting the Mission Graduate program that has a goal of graduating 60,000 new graduates by 2020.

 

 

VI.        Approval of Consent Calendar Items (Discussion/Action)

A.         Consideration for Approval of Policy and Instruction Matters (Discussion/Action)

I.          Approval of the 2014-15 Fine Arts Education Act (FAEA) Application for Funding

Dr. Peercy motioned for approval of the FAEA Application.  Dr. Duran seconded the motion. Board members unanimously approved the 2014-15 Fine Arts Education Act (FAEA) application for funding.

 

VII.       Board Member Comments

Board members commented on the following:

  • Support for parents and students standing up against unnecessary testing
  • Concern that different testing is given every year, yet results are being compared inaccurately
  • Request for the maintenance schedule considering that the weather has been hot and that air conditioners are not working in the portables
  • Concern about the use of end of course exams use in evaluating students and teachers
  • Concern that all the testing is overwhelming students
  • Concern that unfunded state mandates that require staffing for administration and support and resources are forced upon school district that already are dealing with several years of continuing tightened budgets
  • Comparison of funding for needed instruction areas with spending required for testing
  • College and Career High School graduated nine APS students at the CNM and GED graduation
  • Support for Dr. Winter’s dedication and contributions to APS
  • Recognition of teachers during Teacher Appreciation Week and their contributions to students and communities all year long
  • Recommendation that board members support a proclamation to recognize contributions of teachers
  • Gratitude for the professionalism of educational assistants, nurses, teachers, principals, and staff
  • Gratitude for the dedication and contributions of Eddie Soto as an influential teacher and inspirational leader
  • Celebration of the graduation of Board Member Garcia’s grandson
  • Concern for the teachers, who have been unfairly maligned through the evaluation process

 

VIII.      President's Report

President Maestas reported on the following

  • Happy Teacher Appreciation Week
  • Appreciation for administration’s work on the budgeting process
  • Recognition of Dr. Winter and Eddie Soto for their dedication and contributions
  • Support for Ruben Hendrickson as the new chief operations officer
  • Request to review and resolve the issue of political leave for employees considering that this could be incorporated into the current negotiation process
  • Request for a list of every joint powers of agreement (JPA) with any organization to know what APS has committed to in the past and dates of expiration
  • Consider renegotiating the JPA’s  to support APS long-term goals
  • Concern about the appearance of disparity of funding districts
  • Concern that the new k-8 school will be created for 1,400 students, even though the research shows that smaller schools are better for student achievement
  • Concern about transportation plans for District 1 schools and placement of new facilities outside the boundaries of District 1
  • Concern for the removal of the earlier childhood learning centers from District 1

 

 

 

IX.        Announcement of Upcoming Board Meetings

President Maestas announced that the next Special Board of Education meeting will be held on Friday, May 30, 2014, at 7:30 a.m., in the DeLayo Martin Community Room and the next Board of Education meeting will be held on Wednesday, May 21, 2014, at 5:00 p.m., in the John Milne Community Board Room of the Alice and Bruce King Educational Complex, 6400 Uptown Blvd NE.

 

X.         Consideration for Approval to Convene in Executive Session Pursuant to the Open Meetings Act NMSA 1978 (§ 10-15-1 (H)(7)) for the Purpose of Discussing Pending Litigation Regarding Charles “Ched” MacQuigg vs. The Albuquerque Public Schools Board of Education, Civ. No. 12-1137 MCA/KBM (Action)

Dr. Peercy motioned to convene in executive session. Mr. Quezada seconded the motion. President Maestas requested a roll-call vote, which resulted in approval of board members to convene in executive session for the purpose of discussing pending litigation with board members Korte, Garcia, Quezada, Duran, Peercy and Maestas voted in favor of meeting in executive. Board member Esquivel not present for the vote. The executive session began at 7:45 p.m.

 

XI.        Reconvene to Open Session

The meeting reconvened in open session at 8:45 p.m.

 

XII.       Statement of Closure

President Maestas stated that the APS Board of Education met in executive session on May 7, 2014, for the purpose of discussing pending litigation. The matters discussed in the executive session were limited only to those specified.

 

XIII.      Adjournment

The meeting adjourned at 8:45 p.m.

 

 

 

 

 

 

 

 

APPROVED: ______________________________

Dr. Analee Maestas, President

 

 

 

 

 

ATTEST: ____________________________________

Steven Michael Quezada, Secretary

 

 

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