MINUTES OF THE

ORLEANS PARISH SCHOOL BOARD

COMMITTEE OF THE WHOLE MEETING

2401 WESTBEND PARKWAY

NEW ORLEANS, LA 70114

MARCH 21, 2023

 

1.1 Call to Order – Roll Call

The Orleans Parish School Board Committee of the Whole Meeting was called to order at 1:04pm by President Olin G. Parker. The following board members were present: Olin G. Parker, Carlos Luis Zervigon, Leila Jacobs Eames, and Nolan Marshall, Jr. Ethan Ashley, Dr. Donaldo Batiste, and Katherine Baudouin were absent. Superintendent Dr. Avis Williams and Board Counsel Ashley Heilprin were also present. Dr. Batiste arrived at 1:37pm and Ms. Baudouin joined the meeting at 1:55pm. Ms. Eames departed the meeting at 4:28pm.

 

1.2 Pledge of Allegiance

 

The Pledge of Allegiance was led by Leila Jacobs Eames.  

 

1.3 Rules for Public Comment

Board Counsel provided a high-level overview of the OPSB guidelines for public comment/participation at OPSB meetings.

 

1.4 Adoption of the Agenda

Motion to adopt the board meeting agenda as presented.

Motion by Mr. Zervigon, second by Ms. Eames

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Ms. Eames, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley, Dr. Batiste, Ms. Baudouin

·        Abstain: None

 

CONSIDERATION OF THE MINUTES

 

2.1 Adoption of the Minutes

Motion by President Parker, second by Vice President Zervigon to adopt the minutes of the February 7, 2023 Committee of the Whole Meeting. (waiving the reading).

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Ms. Eames, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley, Dr. Batiste, Ms. Baudouin

·        Abstain: None

 

ACCOUNTABILITY AND CHARTERS

 

3.1 Schools Update

NOLA-PS staff provided its monthly Schools Update which included school highlights; spring attendance canvassing; attendance update; and diverse learner supports: English Learners.

 

Ms. Eames welcomed Byron Arthur, president and chief executive officer,  Delores Taylor Arthur School for Young Men.  

 

Board Comment:

·        Board members articulated the need for and importance of the timely submission of attendance data to NOLA-PS, recognizing the issues across the state and nationally regarding attendance and truancy issues.

·        Ms. Eames requested a list of schools that have been unresponsive to data requests from NOLA-PS; she further suggested the pool of retirees for filling vacancies within schools.

·        Mr. Marshall expressed support for evaluating and collecting data on student motivation for school engagement and school attendance.

·        A discussion ensued regarding support to English Language Learners; the number and percent of English Language Learners across the district; NOLA-PS performance and trends compared with national trends with respect to English Learners; post-Covid ELPT performance as compared with other districts.

·        Board members commended the efforts of the  Delores Taylor Arthur School for Young Men and acknowledged the young men who were in attendance.

 

-        Interpretation services were acknowledged.

 

3.2 System Wide Needs Program Proposal

Recommended Action: It is recommended that the Orleans Parish School Board approve the superintendent's Proposal for Round Two of the System Wide Needs Program.

 

Motion by Dr. Batiste, second by Mr. Parker

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Ms. Eames, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley

·        Abstain: None

 

3.3 Accountability Updates

NOLA-PS staff provided an update on the district's portfolio and authorizing practices, which included key updates on Notices of Non-Compliance, Annual Site Visits, Policy Updates, and CSAF update.  

 

Board Comment:

·        Mr. Marshall requested the underlying issues for notices of noncompliance.

·        A robust discussion ensued for the following: feedback from the school community regarding proposed changes to the CSAF; subjective measures and qualitative metrics within the CSAF; the availability of the CSAF draft for board review; clarity with regard to simulations and modeling conducted to provide insights of the CSAF’s implementation and impacts on schools, as well as sharing with schools; the date for board approval and full implementation of the CSAF.

·        Clarification provided regarding the Progress Index, as well as balance between support and oversight of schools.

 

 policy

 

4.1 Second Reading: Amendment to Policy DCBD, School Transformation Fund

Recommended Action: It is recommended that the Orleans Parish School Board approves the proposed amendment to Policy DCBC, School Transformation Fund.

 

Motion by Ms. Eames, second by Mr. Zervigon

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Ms. Eames, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley

·        Abstain: None

 

4.2 Second Reading: Amendment to Policy HA, School Board Chartering Authority

Discussion, Second Reading

 

BOARD COMMENT:

·        A robust discussion was held relative to this item. Mr. Zervigon provided context for item 4.2 and the board’s governance relative to Act 91 and charter applications, extensions, renewals, relocations, and revocations; appropriate notice of superintendent’s decisions to the school community; and OPSB’s governance role.

·        Board members expressed views on the exercise of super versus simple majority votes and implications for policy changes, as well as the capacity of the board in its exercise of decision making relative to the superintendent’s recommendations.  

·        Board counsel provided clarification for the exercise of super majority and simple majority votes by the board as reflected in current and proposed OPSB policy.

 

4.3 Second Reading: Amendment to Policy HAA, Charter School Operating Agreement

Recommended Action: It is recommended that the Orleans Parish School Board approves the proposed amendment to Policy HAA, Charter School Operating Agreement.

 

Motion by Mr. Zervigon, second by Mr. Parker

 

4.4 Second Reading: Amendment to Policy HAC, Local Education Agency Status

Recommended Action: It is recommended that the Orleans Parish School Board approves the proposed amendment to Policy HAC, Local Education Agency Status.

 

Motion by Mr. Zervigon, second by Ms. Eames

 

4.5 Second Reading: Amendment to Policy HB, Oversight and Evaluation of Charter Schools

Discussion, Second Reading

 

4.6 Second Reading: Amendment to Policy HE, Enrollment

Recommended Action: It is recommended that the Orleans Parish School Board approves the proposed amendment to Policy HE, Enrollment.

 

Motion by Mr. Zervigon, second by Mr. Parker

 

4.7 Second Reading: New Policy HG, District Optimization

Recommended Action It is recommended that the Orleans Parish School Board approves New Policy HG, District Optimization.

 

Motion by Ms. Baudouin, second by Mr. Zervigon to amend the language provided in Policy HG pertaining to Optimization Consolidation found in the Definition section, as well as language contained in the section FINANCIAL CLOSEOUT AND FUNDING 1., as follows:

 

Definitions for Optimization Consolidation to read as follows:

Optimization Consolidation – A school transformation recommended by the Superintendent for the purpose of optimization and approved by the School Board that results in fewer schools by closing one or more schools and/or combining two or more schools.

 

FINANCIAL CLOSEOUT AND FUNDING to read as follows:

1. In certain school transitions which involve the financial closeout of one or more  school(s), the impacted charter operator may be exempted from the requirements of School Board policy DCBD, School Transformation Fund, in order to retain or transfer remaining fund balances to support the consolidated school and/or charter operator’s remaining schools.

 

 

PUBLIC COMMENT:

·        Kate Mehok, chief executive officer, Crescent City Schools, spoke in support of this item and noted she was also speaking on behalf of ARISE Academy.

·        Davis Zaunbrecher, with Collegiate Academies, expressed support for this item.

·        Holly Reid, with New Schools for New Orleans, spoke in support of this item.

·         

BOARD COMMENT:

·        Ms. Baudouin acknowledged those involved in drafting the policy, including the superintendent, NOLA-PS staff, board counsel, board members, and various stakeholders.  

·        Dr. Batiste proposed a language change in section Financial Closeout and Funding 1. the word “exempted” was replaced with  the word “exempt.”

Motion by Ms. Baudouin, second by Dr. Batiste to amend the language in FINANCIAL CLOSEOUT AND FUNDING 1. removing the word “exempted” to now read “exempt”

 

 

Motion by Ms. Baudouin, second by Mr. Marshall to approve Policy HG as amended and moving Policy HG to the full board on Thursday

 

 

COMMITTEE OF THE WHOLE

 

5.1 2022-2023 Pupil Progression Plan Addendum

Recommended Action: It is recommended that the Orleans Parish School Board adopts the addendum to the 2022-2023 Pupil Progression Plan, as written.

 

Motion by Ms. Baudouin, second by Ms. Eames

 

5.2 2023 - 2024 Central Office Calendar, 2023-2024 ECS Calendar, and 2023-2024 Child Nutrition Calendar

Recommended Action It is recommended that the Orleans Parish School Board approves the 2023 - 2024 Employment Calendar for Central Office personnel, 2023-2024 ECS Calendar, and 2023-2024 Child Nutrition Calendar.

 

Motion by Ms. Eames, second by Dr. Batiste

 

BUDGET AND FINANCE

 

6.1 Finance Update

NOLA-PS staff presented its monthly Finance Update which included key updates on Financial Statements, Investment Summary, Industrial Tax Exemption Program (ITEP) and MFP Proposal Update.

 

Board Comment:

·        Clarification offered regarding the implications for MFP funding over the past 15 years.

·        Clarity offered with regard to the lag in receipt of payments.

 

6.2 Acceptance of Grant from Special Olympics Louisiana (SOLA)

Recommended Action: It is recommended that the Orleans Parish School Board accepts the grant award in the amount of $25,000.00 from Special Olympics Louisiana.

 

Motion by Mr. Zervigon, second by Dr. Batiste

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Ms. Eames, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley

·        Abstain: None

 

6.3 Request to Approve Amendment No. 1 to Contract with Capitol City Produce LLC for Fresh, Processed and Pre-Cut Produce

Recommended Action: It is recommended the Orleans Parish School Board approves Amendment No. 1, in the amount of $25,000.00, and not to exceed a total of $195,000.00, to the contract with Capitol City Produce, LLC, for weekly Fresh, Processed and Pre-Cut Produce deliveries, and authorizes the General Counsel to prepare the amendment for signatures of the Board President and vendor.

 

Motion by Mr. Zervigon, second by Dr. Batiste

 

6.4 Second Extension of Lease For Public Lands: Agricultural, Grazing, Trapping, Hunting and any other Legitimate Purposes

Recommended Action: It is recommended that the Orleans Parish School Board approves a second extension of the Lease For Public Lands: Agricultural, Grazing, Trapping, Hunting and any other Legitimate Purposes with Unknown Pass Hunting Club, LLC for a one (1) year period, effective May 1, 2023 through April 30, 2024, for the amount of $17,025.00, and authorizes General Counsel to prepare the lease amendment for signature of the Board President and the lessee.

 

Motion by Dr. Batiste, second by Vice President Zervigon

 

Board Comment:

·        Clarification provided regarding the bidding process relative to this item in response to Mr. Marshall’s question.

 

6.5 Amendment to Agreement for Audit Services

Recommended Action: It is recommended that the OPSB approve the third contract amendment for professional auditing services for the FY22 fiscal audit performed by Postlethwaite and Netterville increasing the amount from $165,000 to $195,000.

 

Motion by Ms. Baudouin, second by Mr. Zervigon

 

6.6 Request to Award Invitation to Bid No. 23-FAC-0044 for Building Repairs from Water Infiltration at Elijah Brimmer, Jr. School

Recommended Action: It is recommended that the Orleans Parish School Board accepts the bid in the amount of $14,880,000.00 and Alternate 1 in the amount of $165,000.00, totaling $15,045,000.00, from Gibbs Construction for the Building Repairs from Water Intrusion at Elijah Brimmer, Jr School and authorizes General Counsel to prepare a contract for signatures of the Board President and the contractor.

 

Motion by Vice President Zervigon, second by Ms. Baudouin

 

BOARD COMMENT:

·        In response to inquiries posed by Mr. Marshall, clarity was offered regarding the scope of work for this item, as well as an update on relevant litigation in this regard.

 

6.7 Request to Award Invitation to Bid No. 23-FAC-0018 for Hurricane Ida Repairs at Lake Forest ES

Recommended Action: It is recommended that the Orleans Parish School Board accepts the bid from Colmex Construction LLC in the amount of $1,333,501.00 for the building repairs at Lake Forest Elementary School that are required due to damages sustained as a result of Hurricane Ida; and authorizes the General Counsel to prepare a contract for signatures of the Board President and the contractor.

 

Motion by Mr. Zervigon, second by Ms. Baudouin

 

6.8 Request for Approval of Amendment 2 to Contract with Mark I Baum Architect for Building Repairs from Water Infiltration at Elijah Brimmer, Jr. School

Recommended Action: It is recommended that the Orleans Parish School Board approves Amendment 2 to the contract with Mark I Baum Architect for Building Repairs from Water Infiltration at Elijah Brimmer, Jr. School, increasing the Architect’s fee by $488,903, for an amended total of $1,078,505 based on the AFC value of the construction bid; and authorizes General Counsel to prepare Amendment#2 for signatures of the Board President and the Contractor.

 

Motion by Dr. Batiste, second by Vice President Zervigon

 

6.9 Request for Approval to approve Amendment 4 for contract between Owner and Designer 20-FAC-0042 for the Renovation at Julius Rosenwald School

Recommended Action: It is recommended that the Orleans Parish School Board accepts Amendment #4 in the amount of $174,803.64 per contract terms; and authorizes General Counsel to prepare an Amendment for signatures of the Board President and the Contractor.

 

Motion by Ms. Baudouin, second by Mr. Zervigon

 

6.10 Request to Award Request for Qualification No. 23-0051 Energy Consultant Services

Recommended Action: It is recommended that the Orleans Parish School Board approves the proposal meeting the specifications ,terms, and conditions for Energy Consultant Services from GCE Services , LLC , in an amount not to exceed $225,000.00 with $ 75,000.00 annually for three (3) years with an option to renew for two (2) additional one (1) year periods and authorized the General Counsel to prepare a contract for signatures of the Board President and the contractor.

 

Motion by Ms. Baudouin, second by Mr. Zervigon

 

BOARD COMMENT:

·        In response to President Parker’s inquiry, clarification was provided regarding the purpose of the consultancy provided by the contract referenced in this item.

 

PROPERTY

 

7.1 Capital and Facilities Update Presentation

NOLA-PS staff presented its monthly Capital Projects and Facility Updates which included key updates on Capital Projects Updates: Planned, Unplanned, and Emergency, Facility Siting Process, and Surplus Property Strategy: Public Meetings.  

 

Board Comment:

·        President Parker commended Ms. Baudouin and Tiffany Delcour regarding the district’s Surplus Property Strategy.

·        Vice President Zervigon acknowledged Representative Jason Hughes for his efforts in the state legislature on behalf of the district allowing all school facilities access to the capital improvement fund.  

·        Ms. Baudouin acknowledged the work of Tiffany Delcour and NOLA-PS staff facilitating the public meetings related to the Surplus Property Strategy.  

·        Clarification provided to where the public could view a listing of available properties on the NOLA-PS website under Community Resources.

 

7.2 Termination of Right of First Refusal to Purchase Encore Learning Facility at 2518 Arts Street

Recommended Action: It is recommended that the Orleans Parish School Board irrevocably terminates its statutory right of first refusal, per La. R.S. 17:3982(B)(2)(b), to buy back the Encore Learning property located at 2518 Arts Street to allow Encore Learning to sell, convey and transfer said property to any third party free and clear of any and all obligations, privileges or rights under the School Board's right of first refusal, and authorizes the Board President to execute any and all legal documents required to effectuate the School Board's termination of rights and the cancellation of any previously recorded Waiver and Continuation of Right of First Refusal related to the property.

 

Motion by Dr. Batiste, second by Mr. Parker

 

Board Comment:

·        Clarification provided for this item and its implications for the sale of the Encore Learning property referenced in item 7.2.

 

INNOVATION & STABILITY

 

8.1 Innovation & Stability Committee Update

Mr. Marshall requested to table the Innovation & Stability Committee Update.

 

LEGAL/LEGISLATIVE

 

9.1 OPSB Legislative Agenda - 2023 Regular Legislative Session

Recommended Action: It is recommended that the Orleans Parish School Board adopt the proposed Spring 2023 Legislative Agenda and authorize the Superintendent to direct the Board's legislative activities in accordance with the adopted agenda.

 

BOARD COMMENT:

·        President Parker highlighted the implications for Priority 1 providing adequate funding for the MFP and sought clarity for the reference to “affordable higher education” reflected in Priority 9. Dr. Williams noted that “higher education” is expansive, including opportunities post-secondary, as well as options while students are enrolled in middle and high school (e.g., dual enrollment) and is not limited to college enrollment.

·        President Parker reported on efforts he and Vice President Zervigon have explored within the region to support legislative efforts prioritizing funding for mental health and trauma; he further commended Mr. Zervigon, Representative Jason Hughes, and NOLA-PS staff for efforts formulating the OPSB legislative priorities.

·        In response to an inquiry by Mr. Marshall regarding an increase in the 50% enrollment cap, clarity was provided that it was not possible given the limits for the forthcoming legislative session to advance that issue.

·        Clarity was provided by NOLA-PS staff regarding changes to the School Facilities Preservation language with respect to what constitutes/defines a school and the availability of resources via the School Facilities Preservation Fund to those entities.

·        Clarification provided by NOLA-PS staff regarding the revision to La. R.S. 17:100.12 – Systemwide Needs Program (SWNP) holding back $10 per pupil to cover administrative costs in management of the  Systemwide Needs Program.

·        Vice President Zervigon acknowledged the efforts of Rep. Hughes on behalf of OPSB.

 

Motion by Ms. Baudouin, second by Mr. Parker to amend the OPSB Legislative Agenda, adding Priority 10. Support legislation that will reduce poverty for Louisiana families

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley, Ms. Eames

·        Abstain: None

 

PUBLIC COMMENT:

·        Dr. Ken Ducote, executive director, Greater New Orleans Collaborative of Charter Schools, spoke in support of the OPSB legislative agenda.

 

Motion by President Parker, second by Ms. Baudouin to approve the OPSB Legislative Agenda as amended reflecting legislative priorities 1 through 10

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley, Ms. Eames

·        Abstain: None

 

BOARD COMMENT:

·        Vice President Zervigon affirmed the superintendent’s authority to move forward with the OPSB legislative agenda with the forthcoming legislative session.

 

-        President Parker extended belated birthday wishes to Vice President Zervigon.

 

ADJOURNMENT

 

10.1 Adjourn Meeting

Motion by Ms. Baudouin, second by Mr. Zervigon to adjourn the meeting.

·        Final resolution: Motion passes

·        Yeas: Mr. Parker, Mr. Zervigon, Dr. Batiste, Ms. Baudouin, Mr. Marshall

·        Nays: None

·        Absent: Mr. Ashley, Ms. Eames

·        Abstain: None

 

Meeting Adjourned at 5:11pm.