120504 oma complaint attach signed

8/2/2019 120504 OMA Complaint ATTACH Signed

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ALLEN R. DYER13340 Hunt RidgeEllicott City, Maryland 21042

Plaintiff pro se,v.DR. JANET N. SIDDIQUI7005 Woodscape DriveClarksville, MD 21029andELLEN FLYNN GILES8760 Teresa LaneScaggsville, MD 20723andSANDRA H. FRENCH12249 Carroll Mill RoadEllicott City, MD 21042andFRANK J. AQUINO8278 Glenmar RoadEllicott City, MD 21043

Defendants

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IN THECIRCUIT COURTFORHOWARD COUNTY

Case No....::t-I ;":1 i:--; :>- ~._.,-':.~.

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...0000000 ...COMPLAINT

ALLEN R. DYER, Plaintiff pro se, sues Defendants DR. JANET N.SIDDIQUI, ELLEN FLYNN GILES, SANDRA H. FRENCH and FRANK J.AQUINO; and, for his claims, states:


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1. Plaintiff is a resident of Howard County, Maryland, and an elected member of

the Board of Education of Howard County (hereinafter the Local Board) who

has been affected adversely by the acts complained of herein.

2. Defendant DR. JANET N. SIDDIQUI is a resident of Howard County,

Maryland, and an elected member of the Local Board.

3. Defendant ELLEN FLYNN GILES is a resident of Howard County, Maryland,

and an elected member of the Local Board.

4. Defendant SANDRA H. FRENCH is a resident of Howard County, Maryland,

and an elected member of the Local Board.

5. Defendant FRANK J. AQUINO is a resident of Howard County, Maryland, and

an elected member of the Local Board.

6. The Local Board is a "body politic and corporate" created under MARYLAND

EDUCATION ARTICLE 3-104 & 3-701.

7. The Local Board is a "public body" as that term is defined in MARYLAND STATE

GOVERNMENT ARTICLE 10-502(h).

8. Section 10-503(a) of the Open Meetings Act states:

10-503(a). Not applicable. -- Except as provided in subsections (b) and (c) of

this section, this subtitle does not apply to:

(1) a public body when it is carrying out:


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(i) an administrative function;

(ii) a judicial function; or

(iii) a quasi-judicial function; or

(2) a chance encounter, social gathering, or other occasion

that is not intended to circumvent this subtitle.

9. Section 10-503(c) of the Open Meetings Act states:

10-503(c). Requirements for administrative function meeting not open to

public. -- If a public body recesses an open session to carry out an

administrative function in a meeting that is not open to the public,

the minutes for the public body's next meeting shall include:

(1) a statement of the date, time, place, and persons present

at the administrative function meeting; and

(2) a phrase or sentence identifying the subject matter

discussed at the administrative function meeting.

10. Violation 1. On March 13, 2012 the elected Local Board Members met at a

hotel close to BWI Airport and conducted interviews with candidates for the

Howard County Superintendent of Schools position without providing notice to

the public or the Student Board Member of the date, time, place, and persons

present at the meeting.


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14. Violation 5. On March 19, 2012 the elected Local Board Members met at

10910 Route 108, Ellicott City, Maryland 21042 and conducted a conference

call with an employee of Ray & Associates regarding the progress of the Local

Boards superintendent search process without providing notice to the public or


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the Student Board Member of the date, time, place, and persons present at the

meeting.

15. On April 26, 2012 the Local Board considered and approved the Minutes of the

March 22, 2012 Local Board Meeting. A copy of the approved March 22, 2012

Minutes is attached hereto, and incorporated herein, as Exhibit A.

16. At the April 26, 2012 Local Board meeting, prior to the vote on approval of the

March 22, 2012 Minutes, Plaintiff requested the March 22, 2012 Minutes be

pulled from the Consent Agenda. Defendant Janet N. Siddiqui made a motion

to approve the March 22, 2012 Minutes and Defendant Frank J. Aquino

seconded the motion. During the discussion on whether to approve the March

22, 2012 Minutes as written, Plaintiff reminded the Local Board that during the

March 22, 2012 meeting he had taken exception to the Superintendent search

process and he added the Minutes being considered were not legally sufficient.

The vote was called and the motion to approve carried with

Yea: Defendant Janet N Siddiqui, Defendant Sandra H French,

Defendant Frank J Aquino, Defendant Ellen Flynn Giles, Tomi Williams

- Student Board Member; vs.

Nay: Plaintiff Allen Dyer, Brian J Meshkin, Cynthia L Vaillancourt


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17. The approved March 22, 2012 Local Board Minutes do not include statements

of the dates, times, places, and persons present at the March 13, 14, 15, 16 &

19, 2012 meetings of the elected Local Board Members.

18. The March 22, 2012 Local Board Minutes do not include any phrases or

sentences identifying the subject matter discussed at the March 13, 14, 15, 16 &

19, 2012 meetings of the elected Local Board Members.

19. April 26, 2012, the date when the Local Board Minutes for March 22, 2012

were approved, is within 45 days of the filing of this Complaint.

20. Section 10-511 of the Open Meetings Act states:

Penalty. A member of a public body who willfully participates in a

meeting of the body with knowledge that the meeting is being held in

violation of the provisions of this subtitle is subject to a civil penalty not

to exceed $ 100.

WHEREFORE, Plaintiff prays:

A. That this Court levy a civil penalty of $100 against each of the

Defendants for their participation in the Local Board meeting held on March 13, 2012;

B. That this Court levy a civil penalty of $100 against each of the

Defendants for their participation in the Local Board meeting held on March 14, 2012;


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C. That this Court levy a civil penalty of $100 against each of theDefendants for their participation in the Local Board meeting held on March 15,2012;

D. That this Court levy a civil penalty of $100 against each of theDefendants for their participation in the Local Board meeting held on March 16,2012;

E. That this Court levy a civil penalty of $100 against each of theDefendants for their participation in the Local Board meeting held on March 19,2012;and,

F. For such other relief as this cause may require.

Respectfully submitted,C1k f2Allen R. Dyer, Esq.Member of the Board of EHoward County13340 Hunt RidgeEllicott City, Maryland 21042410-531-3965 / [email protected] Se

-7-


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Approved - April 26, 2012

MINUTES OF THE BOARD OF EDUCATION OF HOWARD COUNTY

March 22, 2012

The Board of Education of Howard County (BOE) held a regularly scheduled meeting onThursday, March 22, 2012, at 4:00 p.m. in the Board Room of the Department of Education,

located at 10910 Route 108, Ellicott City, Maryland. The following were present:

Sandra H. French, ChairmanFrank J. Aquino, Esq., Vice ChairmanAllen Dyer, Esq.Ellen Flynn GilesBrian J. MeshkinJanet Siddiqui, M.D.Cynthia L. VaillancourtTomi Williams, Student Member

Sydney L. Cousin, Superintendent, Secretary/Treasurer (afternoon session)

Mamie Perkins, Deputy SuperintendentPatti Caplan, Director, Public RelationsSusan Clime, Recording Secretary

Chairman Sandra French called the meeting to order at 4:02 p.m., and Oakland Mills HSstudent Ross Rheingans-Yoo led the group in the Pledge of Allegiance.

Public Forum

There was no one present to address the Board.

Approval of Agenda

Motion: Mr. Dyer moved to amend the agenda by adding a discussion on the Superintendentssearch. The motion failed for lack of a second.

Action: Mr. Aquino moved approval of the agenda as presented. The motion was seconded byMrs. Giles and approved by the Board (7/1), with Mr. Dyer voting no.

Superintendents Report

Reporting on behalf of the Superintendent, Deputy Superintendent Mamie Perkinscongratulated the 39 schools recognized by the Maryland State Department of Education fortheir performance on the Maryland School Assessment or the HS Assessment. She recognized

the Howard County Public School System (HCPSS) website, honored as one of the mosttransparent government websites in America by the Sunshine Review.

Mrs. Perkins also congratulated:

River Hill HS students Vir Thakor and Jai Thakor who took second and third placerespectively in the Maryland Junior Science and Humanities Symposium.

Reservoir HS students Kamal Browne - Gold Medalist, and Bailey Parater and CassieTucker - Silver Medalists, in the National Scholastic Art and Writing Awards Program.

Burleigh Manor MS student team for a first place finishes in the Maryland MATHCOUNTSState Competition.

Exhibit A


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Minutes 2 March 22, 2012

Approved April 26, 2012

Marriotts Ridge HS student Brian Gilbert who won the Maryland 2012 Poetry Out Loudcompetition.

Mayfield Woods MS student Jack Nolan who won the 2012 Howard County LibrarySpelling Bee

As part of the Superintendents Report, Mrs. Diane Martin, Director Student, Family, and

Community Services, reported on the Alpha Achievers Program, established by the Alpha PhiAlpha Fraternity in partnership with the school system.

Board Members Reports

Board members reported on their attendance at school and community activities and events.

Chairman French read a statement announcing that on Monday, March 26, 2012, the Boardwill publicize the final two superintendent candidates on the school systems website, to themedia, and via email. Finalists will be introduced to staff and the public at two separate eventson Monday.

Mr. Dyer stated that he has exceptions to the information shared by Mrs. French in theSuperintendents search update but will withhold describing those exceptions until the processis complete.

Consent Agenda (Restricted*)

Staff Personnel and Bids and Contracts

Motion: Mrs. Gilesmoved acceptance of the Restricted* Consent Agenda. The motion wasseconded by Mr. Aquino.

Bids and Contracts Exhibit P-4 Artificial Athletic Fields was pulled for discussion.

Action:Mrs. Giles amended her motion to approve the Restricted* Consent Agenda with theexception of Bids and Contracts Exhibit P-4. The motion was seconded by Mr. Aquino andapproved by the Board (7/0*).

Staff Personnel Approved by the Board

Resignations Violation of ContractYears in

Grade or Howard EffectiveName School Subject Reason County DateJohnson, Emma RHS Science Personal 2.6 03/06/12

Resignations Years inGrade or Howard Effective

Name School Subject Reason County DateCapone, Elizabeth Fr. Leave Spec. Ed. Family Obligations 4.6 02/28/12Varaly, Lorayne Fr. Leave Elem. Ed. Personal 13.0 06/30/10


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Leaves of Absence Years inGrade or Howard Effective

Name School Subject County DateFleming, Robert MRHS Tech. Ed. 13.0 02/08/12Vader, Leighanne HCMS Soc. Studies 7.0 08/22/12Wyant, Meghan FES Spec. Ed. 6.0 03/14/12

Retirement Years inGrade or Howard Effective

Name School Subject County DateSanders, Donna GMS Counselor 15.0 04/01/12

Bids and Contracts Approved by the Board

Exhibit Description Amount

P-1 ON CALL MASONRY SERVICES

Colossal Contractors, Inc.E&R Services, Inc.EARN Contractors, Inc.

Total Award Amount (estimate) $100,000.00

P-2 ON CALL MOTOR REPAIR SERVICESHouse of BalanceLange Electric Company, Inc.

Total Award Amount (estimate) $100,000.00

P-3 NATURAL GAS PURCHASINGConstellation New Energy-Gas Division, LLC $3,000,000.00

P-4 ARTIFICIAL ATHLETIC FIELDSFieldTurf USA, Inc. $2,000,000.00

P-5 NEW #41 ELEMENTARY SCHOOL 2B SITE WORKWith construction allowed to proceed, the acceleratedschedule has just the 2B Site Work bidding on March 20,2012. A recommendation will be forwarded as soon aspossible for action at the March 22, 2012 Board meeting.

Discussion:

Mr. Douglas Pindell, Purchasing Director, explained to Board members that staff isrecommending the unitization of a contract established with the Keystone Purchasing Network,a Pennsylvania established cooperative, for the installation of Bids and Contracts Exhibit P-4Artificial Athletic Fields. The cooperative establishes contracts through their procurementprocess of which any school district can piggyback. Supplementary monies will be used forinstallation. Replacement costs will be the responsibility of the school system.

Mr. Ken Roey, Executive Director, Facilities Planning and Management, explained that it ischeaper to maintain artificial turf fields if the fields are being fully utilized. He stated that staffwill submit a joint use agreement draft outlining community use of fields at a public hearing in


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April. He added that a joint use agreement is not needed to proceed with installation, and that itis imperative to begin installation as soon as possible if the fields are to be used by the start ofthe upcoming school year.

Mr. Dyer stated that a joint use agreement needs to be developed before installing the twoplanned turf fields so that full utilization will be realized upon completion of the fields.

Motion: Mr. Aquino moved approval of Exhibit P-4 Artificial Athletic Fields. The motion wasseconded by Dr. Siddiqui.

Discussion:

In response as to why staff is not piggybacking on Howard County Recreations and Parkscontracts, Mr. Roey stated that using the cooperative will save costs; and Recreation and Parksplans to use the cooperative contracts as well.

Mr. Roey also stated that the law prohibits the school system from charging outsidecommunity groups for field usage. There will be no additional revenue recovery for HCPSS

unless the law changes. However, Parks and Recreation has different rules and can charge forthe use of fields.

Mr. Pindell stressed that in addition to beginning installation in a timely manner for field usein the fall, it is also important to begin installation so as not to jeopardize the supplementalmonies which have a 2-year window for spending.

Action:The motion was approved by the Board (6/1*), with Mr. Dyer voting no.

Consent Agenda

Donations and Meeting Minutes of February 7, 2012 (Budget Work Session II); February 9 and

February 23, 2012 (Regular Meetings); and March 12, 2012 (BOE Legislative CommitteeMeeting)

The BOE Legislative Committee meeting minutes were pulled for voting purposes.

Action: Mr. Aquino moved approval of the Consent Agenda as amended. The motion wasseconded by Mrs. Giles and approved by the Board (8/0).

Donations Approved by the Board

The following donations have been received:

All MS & ES Jack and Jill of America, in the amount of $842, designated for theMedia Centers: purchase of books for school media centers.

Running Brook ES: David & Eileen Powell, in the amount of $1,000, designated to subsidizethe first grade field trip to the Robinson Nature Center.

Swansfield ES: PTA, in the amount of $607, designated to pay for entrance fees to theNational Constitution Center in Philadelphia for the fifth grade field trip.


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Centennial HS: Centennial HS Backers, in the amount of $628, designated to assist withfield trip expenses, uniform cleaning, and concert attire.

Centennial Boosters Inc., in the amount of $6,750, designated for thepurchase of uniforms and equipment for various athletic teams.

Glenelg HS: Boosters, in the amount of $6,000, designated to the PTSA for afterprom activities.

Michael Salandra, in the amount of $5,700, designated for the purchaseof helmets for the boys lacrosse team.

River Hill HS: River Hill HS Boosters, in the amount of $10,475, designated as follows:($5,900) for the installation of new stadium goal posts; ($4,000) forregistration fees, general supplies and materials for various programs;and ($575) to assist with track meet entry fees.

Meeting Minutes of February 7, 2012 (Budget Work Session II); and February 9 and February

23, 2012 (Regular Meetings) Approved by the Board

BOE Legislative Committee Meeting Minutes of March 12, 2012

Action: Dr. Siddiqui moved approval of the BOE Legislative Committee Meeting Minutes. Themotion was seconded by Mr. Aquino and approved (3/0) by the committee members(Mr. Aquino, Dr. Siddiqui, and Mrs. Vaillancourt).

*Administrative Appointments and Promotions

Name FromMs. Christy Flentje Business Analyst Manager

To

Technology Department Systems Development

Action: Mr. Meshkin moved approval of the appointment of Christy Flentje to the position ofManager, Systems Development. The motion was seconded by Mrs. Giles and approved by theBoard (7/0*).

Proclamation: National Administrative Professionals Week

This proclamation calls attention to contributions made by the office professionals of theHCPSS and recognizes April 22-28, 2012, as National Administrative Professionals Week.

Action: Mr. Meshkin moved approval of the proclamation. The motion was seconded by

Mr. Aquino and approved by the Board (8/0).

Proclamation: National Volunteers/Partnership Recognition

This proclamation, honoring the contributions of educational partners and volunteers,designatesApril 15-21, 2012, as National Volunteers/Partnership Recognition week.

Action: Mr. Aquino moved approval of the proclamation. The motion was seconded byMr. Meshkin and approved by the Board (8/0).


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Partnership Report

Presenter: Ms. Mary Schiller, Manager, Partnership Office

The Partnership Office is instrumental in uniting community organizations with schools andprogram offices to enhance the educational mission of the school system. Approximately 1,000

organizations, representing businesses, non-profits, government agencies, civic clubs, collegesand universities, faith-based groups, military commands, trade associations, and professionalorganizations partner with the HCPSS. The Partnerships Office facilitates relationships,provides structure and guidance to partnership agreements, and offers training and tools toassist school system personnel in developing effective, viable partnerships.

Dwight Carr, STEM Program Manager for the Applied Physics Lab (APL), remarked onAPLs 35-year partnership with the school system and the organizations commitment toeducation. He stated that APL continues to look for new and innovative ways to partner.

Discussion:

Mr. Meshkin remarked that students are often further ahead on the adoption curve oftechnology than educators and successful implementation is making sure educators are giventhe resources needed. He stated there are many talented institutions and people in thecommunity and asked if staff has investigated opportunities, with regards to partnerships, thatprovide professional development for staff.

Mrs. Schiller agreed that the Partnership Office does not have opportunities as formalized forstaff as it does with student initiatives. The office will investigate adding more partnershipprofessional development opportunities for staff.

Mrs. Giles commented that the HCPSS deliberately targets partnerships that match thecurriculum goals for students and staff, and recognizes that for partnerships to be sustainable

and purposeful they have to be structured in a such a way that both parties know what the roles,responsibilities, and objectives are to both sides.

Bridge to Excellence Report: LD/ADHD Initiative: A Model for Systemic and CommunityCollaboration

Presenters: Ms. Cynthia Schulmeyer, Coordinator, School Psychology and InstructionalIntervention, and Ms. Emily Hurd, Instructional Facilitator

The HCPSS Learning Disabilities/Attention Deficit Hyperactivity Disorder (LD/ADHD)Initiative supports the classroom teachers efforts to deliver effective, differentiated instruction tostudents with learning and/or behavioral needs. The information presented in the report

demonstrates: Systemic collaboration among offices and departments within the HCPSS to develop

resource modules for classroom teachers. Community collaboration, including HCPSS staff and community groups, in the development

of resource modules and evening programming for parents. Creation and implementation of professional development strands for teachers focusing on

understanding and responding to LD/ADHD and the executive functioning needs of ourstudents.

Collaboration with community and higher education colleagues to support the current workand long-term planning of the LD/ADHD Design Team.


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The LD/ADHD Initiative continues to be dedicated to helping all students succeed, guided bythe systemic expectations and the belief that collaboration is key to developing appropriatesupports for parents, educators, and students. The Initiative will disseminate parent andteacher modules in the fall of 2012; develop professional learning opportunities to supportHCPSS personnel; and will continue collaboration with HCPSS offices/departments and

community groups to further design supports for classroom teachers. The LD/ADHD Initiativewill collaborate with all stakeholders respond to the changing needs of the system and studentsby providing supports to classroom teachers that are consistent with the implementation of theCommon Core Standards.

Discussion:

When asked what types of measurements or gaps were analyzed and what measurementswere put in place to track gaps, Mrs. Schulmeyer stated that the gaps were not student specific.They focused on supports for teachers as well as professional development opportunities forteachers and parents. Resource modules were developed to capture the teachers ability tomeasure personal growth using scales and strategies.

Mr. Meshkin said that the efforts being accomplished programmatically should relate toaccomplished efforts in the outcome of student achievement. He also expressed concern forthe lack of participation in professional development initiatives, asking what measures could bedone to expand the access of the committees efforts.

Mrs. Hurd explained that professional development initiatives could not be mandated asthey were offered after school and during the summer. Making the modules available to allteachers will provide them with valuable information without the requirement of attending aclass, although classes will still be available. The committee will upload the modules forteachers to access at their convenience.

Mr. Meshkin suggested posting the parent modules on HCPSS TV.

Mrs. French suggested that the modules be a part of a teachers portfolio or performanceevaluation. She stressed that they are a wonderful resource for enhancing professionaldevelopment for addressing students who are or who are not yet identified.

Mr. Meshkin expressed concern that a formal program does not exist in the public schoolsystem for students with dyslexia, and that students leave the system to attend programs, suchas Jemicy, a school designed for children with dyslexia.

Mrs. Hurd stated that dyslexia has to do with students who have significant difficulty withreading. Students are pulled for specific strategies to help with decoding skills, but as reading

encompasses more, such as fluency and comprehension, staff has recognized that studentslearn as much or more developing strengths in the classroom while also receiving supportsneeded in areas of difficulty.

Staff assured the Board that all educators will be meeting to work with reading modules intheir specific curriculums, and the LD/ADHD initiative supports the opportunity to provide allteachers with instruction for students struggling with reading.


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Educate180, a web site created for teachers and students to learn about technology whileusing technology, is driven by the Technology Department. One of the future goals includesparticipation of more schools.

Dr. Siddiqui stressed the importance that every teacher have access to the modules,possibly making it part of the standards. It is important to look at the evaluation of the modules

and measurements of outcomes. Although multiple measures involved in student growth isdifficult.

Mrs. Wise, Chief Academic Officer, shared that focus is on professional development for allteachers to acquire additional skills and training. School-based and central office sessions arebeing planned in areas such as disciplinary literacy, collaborative planning, and schoolimprovement planning processes. As the work done by the committee is valued, staff will reportto the Board on how the modules will be implemented across the system.

Mrs. Giles shared that it is critical to make sure the modules are part of every teachersequipment in the classroom in order to build the resources for awareness of impediments and toimplement interventions that might make a difference. She added that the modules be made

available to parents and other community members to create awareness outside of school.

Mrs. Schulmeyer commented that workshops will be open to the public. The committee willalso investigate the procedures on presenting the modules in other languages.

Internal Audit Plan Modifications

Presenter: Mr. David Clark, Internal Auditor

The Board of Education approved modifications to replace the River Hill HS audit with amiddle school that has not yet been audited. Also approved is a plan to replace the audits ofequipment, payroll, and school building security with more in-depth audits of actions taken by

HCPSS to respond to recommendations made by the Maryland Office of Legislative Audits(OLA). Current school audits include reviews of equipment and payroll at the individual schoolsand all three issues will be audited on a comprehensive, system-wide basis in a future year.

Audits will be completed for 62 of the 74 HCPSS schools by the end of the current fiscalyear. It is proposed that the remaining 12 schools and audits of equipment, payroll, and schoolbuilding security be audited in fiscal year 2013 and 2014.

Discussion:

Mr. Clark explained that due to overlap between school audits and non-school audits, overallequipment and payroll audits are not being suspended but will be completed within the

individual school audits. He also shared that he will propose at a future date to revisit theequipment and payroll audits for the next fiscal year.

2012-2013 Schedule of Board Meetings

Presenter: Mrs. Kathleen Hanks, Administrative Specialist to the Board

Mrs. Hanks presented the 2012-2013 schedule of Board meetings for review and discussionby the Board. The Board agreed to move the Thursday, February 14, 2013, meeting toWednesday, February 13, 2013.


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Action: Mrs. Giles moved approval of the 2012-2013 schedule of Board meetings. The motionwas seconded by Mr. Dyer and approved by the Board (8/0).

Recess: The meeting was recessed by the Chairman at 6:16 p.m. and reconvened at 7:30 p.m.

Public Forum

Mr.Rick Janiszewski, Mt. Hebron HS PTSA, presented data collected in a survey of parentsand staff on the Aspen Gradebook and Family Portal.

Linda Turner spoke to the Board about accountability and inequity.

Appointment Howard County Education Association (HCEA)

Mr. Paul Lemle, HCEA President, shared information on the associations activities andpresented information from the annual HCEA survey.

Legislative Report/2012 General Assembly

Presenters: Mr. Raymond Brown, Chief Operating Officer and Mr. Dan Furman, Staff Attorney

The following bills were presented for information, action, or review by the Board ofEducation. HB 1218 was pulled for discussion.

HB 1214 - Education - Public High Schools - Maximum Student Enrollment Policyo Recommendation Oppose

HB 1252 - Title/Synopsis: Education - Dyslexia Testing and Services for Dyslexic Students Pilot Program

o Recommendation Support

HB 1049 - Title/Synopsis: Elementary and Secondary Education - County-SupervisedHome Instruction - High School Diploma

o Recommendation Oppose

HB 1218 - Title/Synopsis: Public Charter Schools - Chartering Authorities, ApplicationRequirements, Employees, and Facility Funding


HB 1110 - Title/Synopsis: Public Schools - Dating Violence - Kristen Marie Mitchell Lawo Recommendation Oppose

HB 1401 - Title/Synopsis: State Department of Education - Oral Health Education -Certification and Monitoring


Discussion:

Mr. Furman explained that HB 1218 Public Charter Schools, would essentially grantprimary chartering authority to the State Board of Education which would be in opposition of theBoards legislative platform which states that the primary charting authority should remain a part


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of the local Boards purview. Additionally, the Bill would establish the public charter schoolrevolving loan fund creating a physical impact on the local systems budget.

Mr. Meshkin stated that the Bill does not remove the primary chartering authority, but rathercreates an alternative chartering authority, and is not necessarily inconsistent to the Boardsplatform. He further stated that a best practice is to have an independent charter authorizing

organization separate from the local board of education.

Mr. Furman stated that while there would be an avenue to go through within the local Board,the Bill provides a complete bypass of the local Board and allows the chartering authority to godirectly to the state. It would also allow the state to obligate local funds.

Motion: Mr. Aquino moved to oppose HB 1218 Public Charter Schools. The motion wasseconded by Dr. Siddiqui.

Discussion:

Mr. Meshkin encouraged his colleagues go against Mr. Aquinos motion stating that the Bill

would allow for innovative ideas with regards to various choices in education to personalize theneeds of students.

Mr. Dyer commented that the Board, as a matter of law, is tasked with approving charterschools that meet certain criteria and is concerned about protecting the impartial position of theBoard. He suggested the Bill calls into question impartiality and that the Board not take anyposition.

Action: The motion to oppose Bill HB 1218 was approved by the Board (6/2) with Mr. Dyer andMr. Meshkin voting no.

Discussion:

Discussion centered on HB 1049 Home Instruction High School Diploma. Mr. Browninformed the Board that HB 1049 had been withdrawn.

Action: Mrs. Giles moved approval of the remaining bills on the Legislative Report/2012General Assembly. The motion was seconded by Mr. Aquino and approved by the Board (8/0).

Testimony to State Board of Education on Proposed Student Discipline Regulations

Presenters: Mr. Raymond Brown, Chief Operating Officer; Mr. Dan Furman, Staff Attorney; andMr. Craig Cummings, Coordinator, Alternative Education and Pupil Personnel

Staff presented the proposed Legislative Committees testimony for submission to the StateBoard that opposes the State Boards new disciplinary regulations concerning student disciplineprocedures. Staff explained that the proposed regulations leave many questions unansweredand creates an extremely ambiguous suspension procedure, while locally developed policiesprovide for a fair and just disciplinary process.

Discussion:


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Dr. Cummings clarified questions pertaining to schoolwork for suspended students sayingthat suspensions are looked at as excused absences. Students are given the opportunity tomakeup school work during the suspension as well after returning to school. Most students whoare suspended for more than ten days are assigned to alternative educational programs whichmeet the regulations criteria for minimal educational services.

It was suggested that the local systems authority to govern the students right to continue aneducation needs to be balanced with sanctions that allow the removal of students from theclassroom based on conduct.

Mr. Furman said the standards for removal are so prescriptive that even when a studentcommits a violation; it has to be an extraordinary violent violation of conduct before removal canoccur, even for a short amount of time. The regulations do not allow discretion about how tointerpret the violence. There are other offenses such vandalism and bullying that disrupts theeducational atmosphere that the regulations do not address. This limits the Boards andadministrators discretion on how to maintain a safe school environment.

Mr. Dyer expressed concern that the Board is missing the message. The new regulations

promote developing alternatives to suspensions and expulsions. Pulling students out of schoolaggravates the learning problem. He suggested that disciplinary policies be evaluated toestablish ways to create alternatives to suspensions.

Dr. Cummings noted that the HCPSS does practice alternatives to out-of-school suspensionsthat include programs such as Saturday school, in-school suspensions, and interventionprograms.

Mrs. French commented that developing consistent standards in a blanket fashion that applyto all systems puts the individuality of school districts all on the same plane which should not bethe case.

Dr. Siddiqui commented that the regulations need more time to be analyzed. She added thatthere needs to be balance between safety of the students in school while also continuing theeducation of the suspended student, as a lag time for suspended students can cause mentalhealth issues about returning to school.

Mrs. French stated that the new regulations prohibit, for example, the expulsion of studentsfor assault on school staff or students. She also suggested that staff create a bulleted list ofexamples to include in the testimony to the state.

Mr. Furman explained that as the regulations do not list offenses that qualify under the statestandards, it would not be possible to create a bulleted list in the response.

Mr. Williams commented that it is important that strategies exist to educate the suspendedstudent while also helping the student learn from the suspension experience. Students need toreturn as contributing members of the school society.

Mr. Meshkin asked to see more suspension and expulsion data across policies to get abetter understanding of what compensatory mechanisms are put in place to protect students atschool, while still honoring the obligation to ensure that the suspended students are receivingeducational services.


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Appro ed April 26 2012

Dr. Cummings stated that the major point to make to the state is that the school system hasthe capacity to address the issues in whatever way deemed appropriate.

Mr. Dyer suggested the response indicate that more time is needed for digesting andcommenting on the regulations, especially considering the extent of HCPSS school policies.

Mrs. Giles stated that more time is not a possibility and commented that the Board isobligated to say that it is of the belief that the regulations will have consequences and are notwhat the State Board is seeking. The regulations impose limitations on the ability to act andprotect the students in the school system. HCPSS recognizes that it is the person whoperpetuated something, as well as the victims, that need to be protected and the system needsto be able to do that in a reasonable way.

Motion: Mrs. French moved approval of the testimony to State Board of Education whichopposes the adoption of the proposed regulations for school disciplinary practices, with changesto be supervised by Mr. Aquino stating the ambiguities in the regulations and their inconstanciesin the report.

Discussion:

Dr. Siddiqui suggested that the rewritten testimony response should reflect both the bulletedpoints in staffs presentation, as the bullets highlight the issues at hand, and the Boardsdiscussion.

Action:The motion was seconded by Mrs. Giles and approved by the Board (7/1), with Mr. Dyervoting no.

January-March 2012 Quarterly Agenda

Presenter: Mrs. Kathleen Hanks, Administrative Specialist to the Board

Board members reviewed and revised the Quarterly Agenda.

Action: Mrs. Giles moved approval of the Quarterly Agenda with addition of the bullet toaddress Aspen and the handbook, and to scheduling the retreat on May 3, 2012. The motionwas seconded by Mr. Aquino and approved by the Board (7/1), with Mr. Dyer voting no.

Adjournment - By Board consensus, the meeting was adjourned at 9:30 p.m.

Information ItemA. Risk Management Report

*Under Section 3-701 of the Education Article of the Annotated Code of Maryland, the Student Member may not voteon these matters. Passage of a motion by the Board on these matters requires the affirmative vote of four (4) Boardmembers.

120504 oma complaint attach signed

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