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ALLEN R. DYER 13340 Hunt Ridge Ellicott City, Maryland 21042 Plaintiff pro se, v. DR. JANET N. SIDDIQUI 7005 W oodscape Drive Clarksville, MD 21029 and ELLEN FLYNN GILES 8760 Teresa Lane Scaggsville, MD 20723 and SANDRA H. FRENCH 12249 Carroll Mill Road Ellicott City, MD 21042 and FRANK J. AQUINO 8278 Glenmar Road Ellicott City, MD 21043 Defendants

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IN THE CIRCUIT COURT FOR HOWARD COUNTY

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Case No.

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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:

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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11.

Violation 2. On March 14, 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.

12.

Violation 3. On March 15, 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.

13.

Violation 4. On March 16, 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.

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 the

Defendants 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 the

Defendants 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 the

Defendants 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 f2
Allen R. Dyer, Esq. Member of the Board of E Howard County 13340 Hunt Ridge Ellicott City, Maryland 21042 410-531-3965 / aldyer@lawlab.com Pro Se

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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 on Thursday, 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, Chairman Frank J. Aquino, Esq., Vice Chairman Allen Dyer, Esq. Ellen Flynn Giles Brian J. Meshkin Janet Siddiqui, M.D. Cynthia L. Vaillancourt Tomi Williams, Student Member Sydney L. Cousin, Superintendent, Secretary/Treasurer (afternoon session) Mamie Perkins, Deputy Superintendent Patti Caplan, Director, Public Relations Susan Clime, Recording Secretary Chairman Sandra French called the meeting to order at 4:02 p.m., and Oakland Mills HS student 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 Superintendents search. The motion failed for lack of a second. Action: Mr. Aquino moved approval of the agenda as presented. The motion was seconded by Mrs. Giles and approved by the Board (7/1), with Mr. Dyer voting no. Superintendents Report Reporting on behalf of the Superintendent, Deputy Superintendent Mamie Perkins congratulated the 39 schools recognized by the Maryland State Department of Education for their 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 most transparent 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 place respectively in the Maryland Junior Science and Humanities Symposium. Reservoir HS students Kamal Browne - Gold Medalist, and Bailey Parater and Cassie Tucker - Silver Medalists, in the National Scholastic Art and Writing Awards Program. Burleigh Manor MS student team for a first place finishes in the Maryland MATHCOUNTS State Competition. Approved - April 26, 2012

Exhibit A

Minutes

March 22, 2012

Marriotts Ridge HS student Brian Gilbert who won the Maryland 2012 Poetry Out Loud competition. Mayfield Woods MS student Jack Nolan who won the 2012 Howard County Library Spelling 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 Phi Alpha 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 Board will publicize the final two superintendent candidates on the school systems website, to the media, and via email. Finalists will be introduced to staff and the public at two separate events on Monday. Mr. Dyer stated that he has exceptions to the information shared by Mrs. French in the Superintendents search update but will withhold describing those exceptions until the process is complete. Consent Agenda (Restricted*) Staff Personnel and Bids and Contracts Motion: Mrs. Giles moved acceptance of the Restricted* Consent Agenda. The motion was seconded 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 the exception of Bids and Contracts Exhibit P-4. The motion was seconded by Mr. Aquino and approved by the Board (7/0*). Staff Personnel Approved by the Board Resignations Violation of Contract Grade or Subject Science Years in Howard County 2.6 Effective Date 03/06/12

Name Johnson, Emma Resignations Name Capone, Elizabeth Varaly, Lorayne

School RHS

Reason Personal

Grade or School Subject Fr. Leave Spec. Ed. Fr. Leave Elem. Ed.

Years in Howard Reason County Family Obligations 4.6 Personal 13.0

Effective Date 02/28/12 06/30/10

Approved April 26, 2012

Minutes Leaves of Absence Name Fleming, Robert Vader, Leighanne Wyant, Meghan Retirement Name Sanders, Donna School GMS Grade or Subject Counselor School MRHS HCMS FES Grade or Subject Tech. Ed. Soc. Studies Spec. Ed.

3 Years in Howard County 13.0 7.0 6.0 Years in Howard County 15.0

March 22, 2012

Effective Date 02/08/12 08/22/12 03/14/12

Effective Date 04/01/12

Bids and Contracts Approved by the Board Exhibit P-1 Description ON CALL MASONRY SERVICES Colossal Contractors, Inc. E&R Services, Inc. EARN Contractors, Inc. Total Award Amount (estimate) ON CALL MOTOR REPAIR SERVICES House of Balance Lange Electric Company, Inc. Total Award Amount (estimate) NATURAL GAS PURCHASING Constellation New Energy-Gas Division, LLC ARTIFICIAL ATHLETIC FIELDS FieldTurf USA, Inc. NEW #41 ELEMENTARY SCHOOL 2B SITE WORK With construction allowed to proceed, the accelerated schedule has just the 2B Site Work bidding on March 20, 2012. A recommendation will be forwarded as soon as possible for action at the March 22, 2012 Board meeting. Amount

$100,000.00

P-2

$100,000.00

P-3

$3,000,000.00

P-4

$2,000,000.00

P-5

Discussion: Mr. Douglas Pindell, Purchasing Director, explained to Board members that staff is recommending the unitization of a contract established with the Keystone Purchasing Network, a Pennsylvania established cooperative, for the installation of Bids and Contracts Exhibit P-4 Artificial Athletic Fields. The cooperative establishes contracts through their procurement process of which any school district can piggyback. Supplementary monies will be used for installation. Replacement costs will be the responsibility of the school system. Mr. Ken Roey, Executive Director, Facilities Planning and Management, explained that it is cheaper to maintain artificial turf fields if the fields are being fully utilized. He stated that staff will submit a joint use agreement draft outlining community use of fields at a public hearing in Approved April 26, 2012

Minutes

March 22, 2012

April. He added that a joint use agreement is not needed to proceed with installation, and that it is imperative to begin installation as soon as possible if the fields are to be used by the start of the upcoming school year. Mr. Dyer stated that a joint use agreement needs to be developed before installing the two planned 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 was seconded by Dr. Siddiqui. Discussion: In response as to why staff is not piggybacking on Howard County Recreations and Parks contracts, Mr. Roey stated that using the cooperative will save costs; and Recreation and Parks plans to use the cooperative contracts as well. Mr. Roey also stated that the law prohibits the school system from charging outside community 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 for the use of fields. Mr. Pindell stressed that in addition to beginning installation in a timely manner for field use in the fall, it is also important to begin installation so as not to jeopardize the supplemental monies 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 Committee Meeting) The BOE Legislative Committee meeting minutes were pulled for voting purposes. Action: Mr. Aquino moved approval of the Consent Agenda as amended. The motion was seconded by Mrs. Giles and approved by the Board (8/0). Donations Approved by the Board The following donations have been received: All MS & ES Media Centers: Running Brook ES: Jack and Jill of America, in the amount of $842, designated for the purchase of books for school media centers. David & Eileen Powell, in the amount of $1,000, designated to subsidize the first grade field trip to the Robinson Nature Center. PTA, in the amount of $607, designated to pay for entrance fees to the National Constitution Center in Philadelphia for the fifth grade field trip.

Swansfield ES:

Approved April 26, 2012

Minutes Centennial HS:

March 22, 2012

Centennial HS Backers, in the amount of $628, designated to assist with field trip expenses, uniform cleaning, and concert attire. Centennial Boosters Inc., in the amount of $6,750, designated for the purchase of uniforms and equipment for various athletic teams.

Glenelg HS:

Boosters, in the amount of $6,000, designated to the PTSA for after prom activities. Michael Salandra, in the amount of $5,700, designated for the purchase of 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) for registration 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. The motion 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 Ms. Christy Flentje From Business Analyst Technology Department To Manager Systems Development

Action: Mr. Meshkin moved approval of the appointment of Christy Flentje to the position of Manager, Systems Development. The motion was seconded by Mrs. Giles and approved by the Board (7/0*). Proclamation: National Administrative Professionals Week This proclamation calls attention to contributions made by the office professionals of the HCPSS and recognizes April 22-28, 2012, as National Administrative Professionals Week. Action: Mr. Meshkin moved approval of the proclamation. Mr. Aquino and approved by the Board (8/0). Proclamation: National Volunteers/Partnership Recognition This proclamation, honoring the contributions of educational partners and volunteers, designates April 15-21, 2012, as National Volunteers/Partnership Recognition week. Action: Mr. Aquino moved approval of the proclamation. Mr. Meshkin and approved by the Board (8/0). The motion was seconded by The motion was seconded by

Approved April 26, 2012

Minutes Partnership Report

March 22, 2012

Presenter: Ms. Mary Schiller, Manager, Partnership Office The Partnership Office is instrumental in uniting community organizations with schools and program offices to enhance the educational mission of the school system. Approximately 1,000 organizations, representing businesses, non-profits, government agencies, civic clubs, colleges and universities, faith-based groups, military commands, trade associations, and professional organizations partner with the HCPSS. The Partnerships Office facilitates relationships, provides structure and guidance to partnership agreements, and offers training and tools to assist school system personnel in developing effective, viable partnerships. Dwight Carr, STEM Program Manager for the Applied Physics Lab (APL), remarked on APLs 35-year partnership with the school system and the organizations commitment to education. 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 of technology than educators and successful implementation is making sure educators are given the resources needed. He stated there are many talented institutions and people in the community and asked if staff has investigated opportunities, with regards to partnerships, that provide professional development for staff. Mrs. Schiller agreed that the Partnership Office does not have opportunities as formalized for staff as it does with student initiatives. The office will investigate adding more partnership professional development opportunities for staff. Mrs. Giles commented that the HCPSS deliberately targets partnerships that match the curriculum 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 Community Collaboration Presenters: Ms. Cynthia Schulmeyer, Coordinator, School Psychology and Instructional Intervention, 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 to students 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 our students. Collaboration with community and higher education colleagues to support the current work and long-term planning of the LD/ADHD Design Team. Approved April 26, 2012

Minutes

March 22, 2012

The LD/ADHD Initiative continues to be dedicated to helping all students succeed, guided by the systemic expectations and the belief that collaboration is key to developing appropriate supports for parents, educators, and students. The Initiative will disseminate parent and teacher modules in the fall of 2012; develop professional learning opportunities to support HCPSS personnel; and will continue collaboration with HCPSS offices/departments and community groups to further design supports for classroom teachers. The LD/ADHD Initiative will collaborate with all stakeholders respond to the changing needs of the system and students by providing supports to classroom teachers that are consistent with the implementation of the Common Core Standards. Discussion: When asked what types of measurements or gaps were analyzed and what measurements were 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 for teachers and parents. Resource modules were developed to capture the teachers ability to measure personal growth using scales and strategies. Mr. Meshkin said that the efforts being accomplished programmatically should relate to accomplished efforts in the outcome of student achievement. He also expressed concern for the lack of participation in professional development initiatives, asking what measures could be done to expand the access of the committees efforts. Mrs. Hurd explained that professional development initiatives could not be mandated as they were offered after school and during the summer. Making the modules available to all teachers will provide them with valuable information without the requirement of attending a class, although classes will still be available. The committee will upload the modules for teachers 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 performance evaluation. She stressed that they are a wonderful resource for enhancing professional development 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 school system for students with dyslexia, and that students leave the system to attend programs, such as Jemicy, a school designed for children with dyslexia. Mrs. Hurd stated that dyslexia has to do with students who have significant difficulty with reading. 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 students learn as much or more developing strengths in the classroom while also receiving supports needed in areas of difficulty. Staff assured the Board that all educators will be meeting to work with reading modules in their specific curriculums, and the LD/ADHD initiative supports the opportunity to provide all teachers with instruction for students struggling with reading.

Approved April 26, 2012

Minutes

March 22, 2012

Educate180, a web site created for teachers and students to learn about technology while using technology, is driven by the Technology Department. One of the future goals includes participation 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 is difficult. Mrs. Wise, Chief Academic Officer, shared that focus is on professional development for all teachers to acquire additional skills and training. School-based and central office sessions are being planned in areas such as disciplinary literacy, collaborative planning, and school improvement planning processes. As the work done by the committee is valued, staff will report to 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 teachers equipment in the classroom in order to build the resources for awareness of impediments and to implement 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 will also 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 a middle school that has not yet been audited. Also approved is a plan to replace the audits of equipment, 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 schools and 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 fiscal year. It is proposed that the remaining 12 schools and audits of equipment, payroll, and school building security be audited in fiscal year 2013 and 2014. Discussion: Mr. Clark explained that due to overlap between school audits and non-school audits, overall equipment 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 the equipment 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 discussion by the Board. The Board agreed to move the Thursday, February 14, 2013, meeting to Wednesday, February 13, 2013. Approved April 26, 2012

Minutes

March 22, 2012

Action: Mrs. Giles moved approval of the 2012-2013 schedule of Board meetings. The motion was 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 parents and 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 and presented 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 of Education. HB 1218 was pulled for discussion. HB 1214 - Education - Public High Schools - Maximum Student Enrollment Policy o 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-Supervised Home Instruction - High School Diploma o Recommendation Oppose HB 1218 - Title/Synopsis: Public Charter Schools - Chartering Authorities, Application Requirements, Employees, and Facility Funding o Recommendation Oppose HB 1110 - Title/Synopsis: Public Schools - Dating Violence - Kristen Marie Mitchell Law o Recommendation Oppose HB 1401 - Title/Synopsis: State Department of Education - Oral Health Education Certification and Monitoring o Recommendation Oppose Discussion: Mr. Furman explained that HB 1218 Public Charter Schools, would essentially grant primary chartering authority to the State Board of Education which would be in opposition of the Boards legislative platform which states that the primary charting authority should remain a part Approved April 26, 2012

Minutes

10

March 22, 2012

of the local Boards purview. Additionally, the Bill would establish the public charter school revolving 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 rather creates an alternative chartering authority, and is not necessarily inconsistent to the Boards platform. 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 go directly 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 was seconded 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 the needs of students. Mr. Dyer commented that the Board, as a matter of law, is tasked with approving charter schools that meet certain criteria and is concerned about protecting the impartial position of the Board. He suggested the Bill calls into question impartiality and that the Board not take any position. Action: The motion to oppose Bill HB 1218 was approved by the Board (6/2) with Mr. Dyer and Mr. Meshkin voting no. Discussion: Discussion centered on HB 1049 Home Instruction High School Diploma. Mr. Brown informed the Board that HB 1049 had been withdrawn. Action: Mrs. Giles moved approval of the remaining bills on the Legislative Report/2012 General 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; and Mr. Craig Cummings, Coordinator, Alternative Education and Pupil Personnel Staff presented the proposed Legislative Committees testimony for submission to the State Board that opposes the State Boards new disciplinary regulations concerning student discipline procedures. Staff explained that the proposed regulations leave many questions unanswered and creates an extremely ambiguous suspension procedure, while locally developed policies provide for a fair and just disciplinary process. Discussion:

Approved April 26, 2012

Minutes

11

March 22, 2012

Dr. Cummings clarified questions pertaining to schoolwork for suspended students saying that suspensions are looked at as excused absences. Students are given the opportunity to makeup school work during the suspension as well after returning to school. Most students who are suspended for more than ten days are assigned to alternative educational programs which meet the regulations criteria for minimal educational services. It was suggested that the local systems authority to govern the students right to continue an education needs to be balanced with sanctions that allow the removal of students from the classroom based on conduct. Mr. Furman said the standards for removal are so prescriptive that even when a student commits a violation; it has to be an extraordinary violent violation of conduct before removal can occur, even for a short amount of time. The regulations do not allow discretion about how to interpret the violence. There are other offenses such vandalism and bullying that disrupts the educational atmosphere that the regulations do not address. This limits the Boards and administrators 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 school aggravates the learning problem. He suggested that disciplinary policies be evaluated to establish ways to create alternatives to suspensions. Dr. Cummings noted that the HCPSS does practice alternatives to out-of-school suspensions that include programs such as Saturday school, in-school suspensions, and intervention programs. Mrs. French commented that developing consistent standards in a blanket fashion that apply to all systems puts the individuality of school districts all on the same plane which should not be the case. Dr. Siddiqui commented that the regulations need more time to be analyzed. She added that there needs to be balance between safety of the students in school while also continuing the education of the suspended student, as a lag time for suspended students can cause mental health issues about returning to school. Mrs. French stated that the new regulations prohibit, for example, the expulsion of students for assault on school staff or students. She also suggested that staff create a bulleted list of examples to include in the testimony to the state. Mr. Furman explained that as the regulations do not list offenses that qualify under the state standards, 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 suspended student while also helping the student learn from the suspension experience. Students need to return as contributing members of the school society. Mr. Meshkin asked to see more suspension and expulsion data across policies to get a better understanding of what compensatory mechanisms are put in place to protect students at school, while still honoring the obligation to ensure that the suspended students are receiving educational services.

Approved April 26, 2012

Minutes

12

March 22, 2012

Dr. Cummings stated that the major point to make to the state is that the school system has the capacity to address the issues in whatever way deemed appropriate. Mr. Dyer suggested the response indicate that more time is needed for digesting and commenting 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 is obligated to say that it is of the belief that the regulations will have consequences and are not what the State Board is seeking. The regulations impose limitations on the ability to act and protect the students in the school system. HCPSS recognizes that it is the person who perpetuated something, as well as the victims, that need to be protected and the system needs to be able to do that in a reasonable way. Motion: Mrs. French moved approval of the testimony to State Board of Education which opposes the adoption of the proposed regulations for school disciplinary practices, with changes to be supervised by Mr. Aquino stating the ambiguities in the regulations and their inconstancies in the report. Discussion: Dr. Siddiqui suggested that the rewritten testimony response should reflect both the bulleted points in staffs presentation, as the bullets highlight the issues at hand, and the Boards discussion. Action: The motion was seconded by Mrs. Giles and approved by the Board (7/1), with Mr. Dyer voting 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 to address Aspen and the handbook, and to scheduling the retreat on May 3, 2012. The motion was 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 Item A. Risk Management Report
*Under Section 3-701 of the Education Article of the Annotated Code of Maryland, the Student Member may not vote on these matters. Passage of a motion by the Board on these matters requires the affirmative vote of four (4) Board members.

Approved April 26, 2012