LOUDOUN COUNTY PUBLIC SCHOOLS Legislative & Policy Committee

Brenda Sheridan, Chairman

AGENDA

Wednesday, December 4, 2013, 5:30 p.m. School Board Meeting Room

Administration Building, Ashburn

I. Minutes

A. Approval of October 1, 2013 Committee Minutes (Attachment 1) B. Approval of October 10, 2013 Special Meeting of the Committee Minutes,

2014 Legislative Program (Attachment 2) C. Approval of October 15, 2013 Special Meeting of the Committee Minutes,

2014 Legislative Program (Attachment 3) II. Policy Review / Discussion Items A. Policy 8-20, School Assignment (Attachment 4) B. Proposed New Policy 8-31, Threat Assessment (Attachment 5) III. Adjourn

LOUDOUN COUNTY PUBLIC SCHOOLS Legislative & Policy Committee

Brenda Sheridan, Chairman

1

DRAFT MINUTES Tuesday, October 1, 2013, 5:30 p.m.

Committee Members Present: Brenda Sheridan, Jeff Morse, Tom Reed, and Debbie Rose Other Board Members Present: Eric Hornberger and Jill Turgeon Meeting Attendees: Ned Waterhouse, Stephen DeVita, Karen Dawson, Mike Jacques, Garett Brazina, Jennifer Scott, Paul Thiessen, Carol Winters, Bev Tate, Chad Runfola, Mark Nuzzaco, and David Spage

1. Approval of Minutes. The committee reviewed minutes from the meeting held on September 3

rd.

The minutes were approved 3-0-2 (Kuesters and Rose absent) with no revisions or additions.

2. Policy Review / Discussion Items.

A. Policy 8-22, Exceptions to School Assignment Due to Attendance Boundary Adjustments. The Chairman led a discussion on proposed changes to the policy. General topics included:

The proposed draft presented added committee-directed rising freshman language and opinions from the Planning Department to the “Hornberger and Kuesters, 9/2/13” draft; and

The committee discussed, modified, and voted on each numbered section of the proposed draft and changes as applicable. Each section passed with a 4-0-1 (Kuesters absent) vote. Issues discussed were:

o Rising freshman are not considered grandfathered; they would need to apply through special permission, Policy 8-20, and apply every year thereafter;

o Rising 11th, 8

th, and 5

th graders may be granted permission to be grandfathered, if desired;

o For rising sophomores on up, the student can remain at their current high school for the duration of their high school career through the grandfathering process (8-22);

o Surveying Staff has the authority to grant students permission to be grandfathered after the

traditional survey has been completed, e.g.:

move-in students - before the end of the school year; or

enrolled students - not currently attending public school. If the policy is silent on a surveying matter, staff may use its discretion.

o The Committee decided to remove the proposed last numbered item in order not to confuse the intent of the policy.

ACTION: The committee voted 4-0-1 (Kuesters absent) to revise staff proposed and committee amended Policy 8-22 (Exceptions to School Assignment Due to Attendance Boundary Adjustments) and to forward it to the full School Board as an Information Item at the next regular School Board meeting. B. Policy 2-22, Meeting Procedures. The Chairman led a discussion on proposed changes to the policy. General topics included:

Mr. DeVita stated this change came from changes in the Freedom of Information Act provision of the law dealing with participation in meetings in the event of emergencies. New language suggests that a “personal matter” can be a reason a board member might participate in a meeting by remote communications; and

The new law did not define “personal matter”.

ACTION: The committee voted 4-0-1 (Kuesters absent) to revise staff proposed Policy 2-22 (Meeting Procedures) and to forward it to the full School Board as an Information Item at the next regular School Board meeting. The meeting was adjourned.

Legislative Policy Committee Agenda

October 10, 2013 Minutes

The meeting began with a public input. Three community members, Tom Marshall, Teresa Cambetes,

and Evette Castro Green all spoke in support of the Discipline Committee task force recommendations

and potential changes to State code.

At the close of the community input session, the LP committee reviewed the 2013 Legislative Program to

determine the positions that needed to be sustained and/or delete. Upon completion of this task, the

committee discussed new items that should be added to the 2014 Legislative Program. These items

included the ability to charge for full day Kindergarten, altering VDOT’s authority to change local speed

limits without the consent of the locality, repeal of the A-F grading scale, changes in the reduction of

elementary SOL testing and the addition of an item that that prohibits the state from assuming control of

local schools/resources without compensation.

There are a number of items to be discussed at the next meeting that require Mr. DeVita’s input in that

they involve changes to the State code. The new items as well as those that are to be reviewed at the

next meeting are listed below.

The meeting adjourned at 6:58 p.m.

New Items

Provide Loudoun authority to charge for full Day Kindergarten – Add for consideration of the

Board

Change the law to grant to the Board of Supervisors the authority to increase or decrease speed limits in school crossing zones and remove that authority from the State Department of Transportation. Failed 0-3

Repeal A-F grading of schools - Add for consideration of the Board

Supports changes to SOL testing that reduces the current testing load.

Opposes changes to VDOE regulations that increase the number of students and the number of grade levels that are eligible for an expedited retake of SOL testing.

Opposes legislation that authorizes the State Board of Education to assume control of local resources without compensating the locality. This is in response to the OEI legislation.

The following Items require Mr. DeVita’s Input:

Mr. Reed’s Proposals

Misuse of public funds

Support legislation stipulating that any officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties of the office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.

This change would allow the prosecution of elected officials that are considered part-time employees. Disclosures in Land Use Proceedings

Support legislation to apply statewide the disclosure requirements for land use proceedings in Loudoun County pursuant to Virginia Code § 15.2-2287.1, as was adopted in Senate Bill 532 (Herring, 2008).

Section 15.2-2287.1 was added, and section 2.2-3100 amended, by the passage of Senate Bill

532 in 2008, which applied to Loudoun County. This bill added section 15.2-2287.1 to those

statutes that are not superseded by the State and Local Government Conflicts of Interest

Act. Since 2008, members of the BOS, Planning Commission, and BZA in the County of

Loudoun must make a full public disclosure of any current or recent (within 12 months) business

or financial interest prior to any hearing involving a special use permit, variance, or amendment

to a zoning ordinance map. The new statute defines “business or financial relationship,”

describes the circumstances under which it applies, and makes the knowing and willful failure to

disclose a business or financial interest a Class One misdemeanor. Education Accountability

Support legislation that requires recall elections of School Board members, Governing Body members (i.e. Board of Supervisors or Mayor and City Council), State Senators, and State Delegates when a school that is attended by their constituents receives a “D” or an “F” rating in two consecutive years. When a school remains below “Satisfactory” for two consecutive years, elected representatives must be held accountable. Victim Rights – in a case where a student is victimized, the victim has a right to know how the case was adjudicated. Look for Tom’s e-mail.

Discipline Task Force Recommendations

Recommendation 2: Review and revise LCPS Policy §8-27(B) - Grounds for Removal from

School, to provide specificity and definitions for conduct listed which may constitute cause

for removal from school. The policy lacks definition for several offenses/misconduct, and

lacks specificity in item 22 (Disruptive Behavior) and item 24 (Other Sufficient Cause). It is

further recommended that item 23 (Other Good and just Cause) be removed.

Recommendation 3: Revise LCPS Policies and Regulations §8-35, §8-36 and §8-37 to

remove the predetermined consequences (zero-tolerance responses) defined in the policies

and regulations. Investigate and incorporate disciplinary responses that focus on desired

behavior modification outcomes.

Recommendation 4: Modify LCPS Policy §8-32 - Weapons to include language which

informs principals that circumstances may be considered and discretion may be used when

determining disciplinary outcomes for policy violations.

Recommendation 11: Recommend the Loudoun County School Board propose legislative

action be taken that "No statements of admission of a juvenile made as a result of an

interrogation or questioning at a school division shall be used as evidence against the

student in a juvenile court hearing unless a parent, guardian, or legal custodian was

present.”

Recommendation 38: Consider the disciplinary disposition of all students involved in

an incident upon completion of a disciplinary appeal in which the outcome was to

modify the disciplinary action. At that time, the School Board Discipline Committee

may choose to modify the disciplinary disposition of the other students involved who

did not formally appeal.

Victim Rights - When a discipline case is based on a student or students being victimized (e.g. bullying or assault), the resulting student discipline determination should be provided to the victim(s) parents or guardians. Rationale: Parents want to know what, if any, actions were taken against a student or students that harmed their student.

Legislative Policy Committee Agenda

October 15, 2013 Minutes

The meeting started at 5:30. Ms. Sheridan asked if there were members of the public present who

wished to comment. There were no community members present, therefore no comment was offered.

The committee continued its discussion of items to be added to the 2014 Legislative Program. Mr. DeVita

provided input and guidance on proposed changes to the state code that included charter schools and

student discipline. Mr. Reed indicated that he would manage the issues related to student discipline. The

committee agreed to take items to the board that were endorsed by the committee.

The meeting adjourned at 6:42 p.m.

POLICY §8-20 (a)

STUDENTS

ADMISSION AND ATTENDANCE

§8-20 School Assignment

(continued)

Students will attend the school designated by the School Board to serve the attendance zone in which the students reside in the pupil assignment plan (also called “regular school of assignment”) except as provided for below:

1. Instructional Suitability: Students may be reassigned to a school

other than their regular school of assignment at the discretion of the school division for the purpose of providing students a more appropriate instructional program that better meets their individual educational needs and in accordance with established policies. Special programs, such as special education, have separate procedures for the placement of students. Students reassigned due to instructional suitability are entitled to transportation services provided by the school division according to established transportation policies and procedures, unless specified otherwise.

2. Relieving Overcrowding: Students may be reassigned to a school

other than their regular school of assignment at the discretion of the school division for the purpose of relieving overcrowding (also called “overflow”), if the regular school of assignment or a particular grade level at an elementary school of assignment is overcrowded. In such a situation, the student may be reassigned to another school in which suitable capacity exists, with transportation provided by the school division. Effort will be made to reassign an overflow student to the closest possible school with suitable capacity, and to return the student to his or her regular school of assignment at the start of the next school year in which the overcrowding situation no longer exists at the regular school of assignment.

The following order of priority will be used to determine student school

assignments during or immediately following overflow situations:

A. Students remaining within their regular school of assignment;

B. Students transferring from an overflow school of

assignment to their regular school of assignment; C. Students remaining at the overflow school of assignment

who would be doing so by special permission (without transportation provided by the school division);

POLICY §8-20 (b)

STUDENTS

ADMISSION AND ATTENDANCE

§8-20 School Assignment (continued)

(continued)

D. Incoming/new students with siblings already attending or

returning to the school. If that school would be the overflow school of assignment for the sibling, then the incoming/new student would be attending that school by special permission (but with transportation provided by the school division due to transportation already being provided to the sibling on overflow, provided both students reside in the same home);

E. Incoming/new students enrolling in their regular school of

assignment prior to June 10; F. Students enrolled by special permission (see section 3

below); and G. Incoming/new students enrolling after June 10. Each situation that falls under one of the above sub-sections is

subsequently prioritized against others within that situation based on the date of enrollment at that particular school.

3. Special Permission: A student may request to attend a school of his

or her choosing by special permission of the school division for one academic year provided the following conditions are met:

A. Sufficient capacity exists at that school (or grade level in the

case of elementary schools, or in special education programs or classes at any school level) for the student to do so without causing or exacerbating overcrowding or an overflow situation, or potentially incurring additional cost to the school system.

For purposes of this policy, capacity is defined at the middle

and high school levels as the “building program capacity” for that particular school facility (without trailers) as indicated in the current Capital Improvement Program. At the elementary school level, capacity is defined as 95% of grade level capacity (Capacity =. 95 of number of grade level classes at that school multiplied by the maximum class size for that grade level as defined in School Board Policies 5-10 on Kindergarten and 5-13 on Class Size) and without triggering the need for additional staffing;

POLICY §8-20 (c)

STUDENTS

ADMISSION AND ATTENDANCE

§8-20 School Assignment (continued)

(continued)

B. An appropriate instructional program is available at that school

to adequately meet the student’s educational needs as determined by the school division;

C. Special permission is contingent upon the student maintaining

regular attendance, good behavior and being in compliance with school rules and regulations;

D. There is a commitment of the student’s parent or legal guardian

to provide a means of reliable transportation for the student to and from the school, as transportation of the student may/may not be provided by the school division;

E. Identifying and evaluating all other ramifications of changing

schools by special permission is the responsibility of parent or guardian prior to submitting a request. Ramifications may include, but are not limited to, changes in future-year capacity that precludes renewal of the request for special permission and certain athletic or league participation restrictions. For example, athletic eligibility is determined by the Virginia High School League (VHSL) Handbook rules that are based upon the school of enrollment for a new ninth grade student. Under VHSL rules, subsequent student-requested transfers (or returning to a regular school of assignment) will generally result in 365 days of ineligibility unless there is an actual corresponding change of residence of the parents or guardian. For transfers required by the school division, waivers from these restrictions may be considered by the Division Superintendent in accordance with VHSL rules. Parents or guardians are responsible for understanding all potential repercussions of changing schools by special permission; and

F. An appropriate request must be submitted by the parent or legal

guardian of the student (via a special permission request) and subsequently approved by the school division prior to taking effect.

POLICY §8-20 (d)

STUDENTS

ADMISSION AND ATTENDANCE

§8-20 School Assignment (continued)

(continued)

i. Applications for special permission may be submitted

beginning on April 1 through September15. ii. LCPS school-based employees who reside in the County

and who are parents or guardians of school-age students may apply for special permission for their children within 30 calendar days of being hired and/or annually, beginning on March 1, provided that the request is for transfer to the school where the parent is employed. LCPS school-based employees may also request special permission for their elementary-aged student(s) to attend an elementary school in the same cluster in which they are employed within 30 calendar days of being hired and/or annually, beginning on March 1.

iii. Special permission requests will be processed in the

order in which they are received. iv. Official determinations on special permission requests

will be provided to the parent or legal guardian within 30 days of the date the request was received.

v. Special permission requests will be granted for up to one

academic year only. In order for a student to remain at a school by special permission, a new request must be submitted and approved and subject to the same conditions of this policy.

vi. Notwithstanding the school capacity determinations set

forth within this policy, nothing in this section shall be interpreted to limit the discretion of secondary school principals to allow the children of employees based at the principals’ respective schools to enroll in and attend said schools.

POLICY §8-20 (e)

STUDENTS

ADMISSION AND ATTENDANCE

§8-20 School Assignment (continued)

4. In-County Residence Changes: Requests citing these provisions are accepted October 1 through the end of the current school year.

A. “Move Out” A student whose residence changes from one

school attendance area to another within the County during the school year may, upon request of the parent or guardian, complete that school year in the school in which the student was originally enrolled, provided that the parent or guardian provides transportation to and from school.

B. “Move In” A student whose family is in the process of buying, building, renting, or leasing a home in an attendance area other than the one in which they presently reside may be assigned to the school that the student will attend when the family moves into its new home, provided that the school is not in overflow, the purchase, construction, renting or leasing of such home will be completed within the school year, and the parent or guardian provides transportation to and from school.

5. Educational Continuity:

Juniors and Seniors. A student whose residence changes from

one school attendance area to another within the county before or

during the school year and during his or her junior or senior year,

may, upon request of the parent(s) or guardian(s), continue to

attend the school in which he or she was enrolled prior to the

change of residence, provided that the parent(s) or guardian(s)

provide any necessary transportation to and from school Any parent or legal guardian who is not satisfied by the decision of the school division to their student’s reassignment or denial of a request for special permission may appeal the decision to the School Board (see School Board Policy 2-20 on Appeal of Administrative Decisions). The School Board Committee appointed under policy 2-20 is authorized to make exceptions to this policy for good cause. All reassignments and transfers under this policy shall be done in a non- discriminatory manner. Adopted: 8/11/70 Revised: 1/11/89, 6/22/93, 7/1/97, 10/9/01, 8/9/05, 9/23/08, 9/14/10, 5/22/12, 1/22/13, 2/12/13 Current Revision: 6/11/13

POLICY §8-31 (a)

STUDENTS

STUDENT CONDUCT §8-31 Threat Assessment A formal threat assessment team shall be established for each school for the assessment of and intervention with students whose behavior may pose a threat to the safety of school staff or students. Each team shall include persons with expertise in counseling, instruction, school administration, and law enforcement. Each team shall (i) provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community, school, or self; (ii) identify members of the school community to whom threatening behavior should be reported; and (iii) follow the threat assessment procedures to assess and intervene with students whose behavior poses a threat to the safety of school staff or students. In cases determined to be appropriate, teams shall follow established procedures for referrals to community services boards or health care providers for evaluation or treatment when appropriate. Upon learning that a student may pose a threat of violence or physical harm to self or others, the staff member shall immediately notify the principal who shall convene the school’s threat assessment team for a determination. Upon a preliminary determination that a student poses a threat of violence or physical harm to self or others, a threat assessment team shall immediately report its determination to the principal or designee and to the Superintendent or designee. The Superintendent or designee shall immediately attempt to notify the student’s parent or legal guardian. The Superintendent may designate the principal to make the notification. Nothing in this policy shall preclude school division personnel from acting immediately to address an imminent threat. Each threat assessment team shall report quantitative data on its activities according to guidance developed by the Department of Criminal Justice Services. Legal Reference: Code of Virginia, § 22.1-79.4 Adopted: ______________