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October 5, 2021 at 6:00 PM - Regular Meeting

Agenda
1. Call Regular Meeting To Order
Presenter:  Board Chair
Description:  Please click the link below to view the webinar:
https://us02web.zoom.us/j/82844718221?pwd=akZEQzU3ekdPVzRDc3B6ZDgzUGJzdz09
Passcode: LESDBRD
2. Welcome
Presenter:  Board Chair
Description:  Guests attending the meeting will be introduced.
3. Land Acknowledgement
Presenter:  Director Wilde
4. Public Participation
Description:  This is an opportunity for the audience to address the Board on topics either on, or not on, the agenda.  Comments on non-agenda items may be presented at this time.  Due to the emergency resulting from the COVID-19 pandemic, meetings are streamed virtually.  Emails from community members who would like to comment on non-agenda items will be read into record at this time.  Emails must contain the community member's name, address, and material that can be read within the three minute time limit.

Public comments can be emailed to the board secretary, Julie Simmonds at supt-office@lesd.k12.or.us and must be received by 6:00pm on October 5, 2021.
5. Agenda Review
Presenter:  Board Chair
6. Presentation:  Migrant Education Program
Presenter:  Ana Quintero Arias
7. Action Items
Presenter:  Board Chair
7.A.  Consent Agenda
Presenter:  Board Chair
Description:  The Lane ESD Board of Directors has agreed to implement a consent agenda.  All items in the consent agenda are adopted by a single motion unless a member of the Board or the Superintendent requests that such item be removed from the consent agenda and acted upon separately.  

Generally, consent agenda items are matters which members of the Board agree are routine in nature and should be acted upon in one motion to conserve time and to enable the Board to focus on the other matters on the agenda.  

Back-up materials for consent agenda items are included in the agenda packet as needed.  Minutes of this meeting will reflect action on each item.  

If any board member wishes to withdraw any consent group item, it will be moved to the appropriate section of the agenda.   

BE IT RESOLVED that the Board of Directors of Lane ESD adopts the consent group as submitted and listed below.
 
1. Lane ESD Board Meeting Minutes of August 3, 2021
2. Lane ESD Board Meeting Minutes of September 14, 2021
2. Human Resource Report, dated October 1, 2021
Attachments: (3)
7.B. Accept Financial Report
Presenter:  Board Chair
Description:  BE IT RESOLVED that the Board of Directors of Lane ESD accepts the Financial Report for September 2021.
Attachments: (1)
7.C. Declare Budget Committee Vacancies
Presenter:  Board Chair
Description:  By law, the budget committee is charged with making recommendations  concerning financial priorities.  The budget committee will have the responsibility for reviewing the financial program of Lane ESD, reviewing the proposed ESD budget as presented by the superintendent and recommending an annual ESD budget in keeping with the provisions of applicable state laws.

Educational policy decisions, however, are the responsibility of the Board, not the budget committee. The committee does not have the authority to add programs or to approve additional personnel or increase salaries. While the committee may, in effect, delete programs because of a fund decrease in arriving at a levy figure, the committee is charged primarily with a fiscal evaluation of programs. The committee may, alternatively, recommend an amount that changes the proposed budget and may request the administration make such changes in accordance with priorities set by the Board.

The budget committee consists of the elected Board members and eight members appointed by the Board from component school district boards or designees of component district Boards. The members appointed by the Board shall consist of five members selected by ESD zone and three members selected at large. To be eligible for appointment, the appointive member must:
1. Live and be registered to vote within the ESD and, if a zone representative, must live within the appropriate zone;
2. Not be an officer, agent or employee of the ESD. No budget committee member may receive any type of compensation from the ESD. Reimbursement of budget committee expenses shall be in accordance with Board policy and administrative rule BHD/BHD-AR.

In its August meeting the Board will identify vacant budget committee positions which must be filled by appointment of the Board. The Board will announce the vacancies and receive recommendations of interested members of component school district Boards or designees of component district boards. Candidates for vacant positions must reside in the vacated zone. At-large vacant positions will be filled from among members of component school district Boards or designees of component district boards.

The appointive budget committee members will be appointed for three-year terms in the September meeting. The terms will be staggered so that  approximately one-third of the appointive members’ terms end each year. The Board may appoint budget committee members to as many consecutive terms as deemed appropriate. If any appointive member is unable to complete the term for which he/she was appointed, the Board will announce the vacancy at the first regular Board meeting following the committee member’s resignation or removal. An appointment to fill the position for its unexpired term will be made at the next regular Board meeting.

The following Budget Committee member terms expired June 30, 2021:
  • Position 2: Judy Newman (Eugene School District Board)
  • Position 3: Emilio Hernandez (Springfield Public School District Board)
  • Position 4: Dwight Coon (Blachly School District Board)
In addition, Jim Torrey, serving in Position 1, expiring June 30, 2023 (Eugene School District Board), is no longer seated on the Eugene School District Board.  Board Policy DBEA states "The budget committee consists of the elected Board members and eight members appointed by the Board from component school district boards or designees of component district Boards."
7.D. Approve Memorandum of Understanding with LCEA - Vaccine Mandates
Presenter:  Board Chair, Superintendent
Description: 

The LANE EDUCATION SERVICE DISTRICT Board of Directors (hereinafter referred to as “District”) and LANE COUNTY EDUCATION ASSOCIATION (hereinafter referred to as “Association”) hereby agree to the following in relationship to implementation of vaccine mandate for teachers and school personnel during the 2021-22 fiscal year:

1.      Effective August 19, 2021 employees will be provided paid time off staff to obtain COVID 19 vaccination.

  1. Time off for obtaining COVID 19 vaccination must be scheduled at a time that does not interrupt classroom instruction and subject to supervisor approval.
  2. When necessary to avoid program disruption, supervisors may authorize additional work time for the purpose of obtaining vaccination.
2.      In the event that an employee has gotten at least the first vaccination by the October 18th deadline, and is awaiting a scheduled second vaccine dose, or has received the second vaccination but has not achieved full vaccination status, the employee will be placed on temporary unpaid leave until such time as they have achieved full vaccination status but no later than December 3rd.  If permitted under the rule employees may access applicable paid leave before moving to unpaid leave status.

3.      Employees who have not provided proof of full vaccination or received approval for a vaccine exception, or received their first vaccination as described in paragraph 2, will be placed on unpaid leave effective October 19, 2021.

4.      The ESD will establish a COVID19 leave pool with 2,500 hours for the 2021-2022 fiscal year.  Such hours can be used for the following purposes: an employee’s adverse reaction to first or second COVID 19 vaccination; illness due to COVID19, the requirement to quarantine due to COVID19 exposure; awaiting test results due to COVID19 symptoms; the need to care for a family member in the immediate household with COVID19, in quarantine or awaiting test results and who is unable to care for themselves.  

a.      To access the pool the employee must have first used 5 days of from their own sick leave for COVID related absences or have exhausted their sick leave; access to the pool will be coordinated with Worker’s Compensation benefits, PERS disability benefits and short or long term disability benefits.

b.      Except as provided in 4.f., the maximum that an individual employee may draw from the pool is 10 days.

c.       Employees are not required to repay the COVID19 leave pool.

d.      Employees must provide a written request to access the COVID19 leave pool along with associated documentation (e.g. vaccination dates, instruction to quarantine, confirmation of COVID19 illness). The request may be made at any time during the year that the employee has used 5 days of from their own sick leave for COVID related absences or has exhausted their sick leave resulting in unpaid leave status. 

e.      Employees may submit a request access to the pool for COVID related absences not specifically anticipated above for consideration.

f.        To minimize employee leave without pay, hours remaining in the pool will be allocated to employees who have applied to the pool and continue to have unpaid leave even after accessing the pool.

g.       All requests to access the pool must be made by within 30 days of the employees last working day of the 2021-22 fiscal year.

5.      In the event that an employee is directed to quarantine in a manner not consistent with the OHA/ODE or Lane County Public Health guidance, such leave will not be charged against the employee’s paid leave.

6.      Employees with vaccine exceptions who are assigned remote work as a method to mitigate risk and maintain safety in the workplace, will be provided 30 day notice of placement on unpaid leave in the event that the District no longer has a remote work assignment and safety considerations continue to prevent an in person assignment. 

7.      LCEA and the ESD agree to confer in June 2022 regarding conditions that might warrant extension of this agreement including a replenishment of the pool up to 2,500 hours or modifications based on implementation of this agreement.

EXCEPT as modified in this Memorandum of Understanding, the 2019-23 Collective Bargaining Agreement shall remain in full force and effect.

Attachments: (1)
7.E. Approve Memorandum of Undestanding with LCEA - Reassignment Bonuses
Presenter:  Board Chair, Superintendent
Description: 

The LANE EDUCATION SERVICE DISTRICT Board of Directors (hereinafter referred to as “District”) and LANE COUNTY EDUCATION ASSOCIATION (hereinafter referred to as “Association”) hereby agree that the District is facing unprecedented challenges in organizing and operating K-12 Life Skills classrooms during the pandemic.  The District has develop a staffing plan to provide a consistent level of services to students and greater predictability of IA assignments in responding to shifts in student and staff attendance which are affected by illness and quarantine.  The Life Skills staffing plan necessitates the reassignment of classroom IA’s assigned to local k-12 districts one day each week to an alternative assignment. The Association and the District agree that the District retains the right to assign staff and intends to acknowledge the extraordinary flexibility and commitment to students required in reporting routinely to alternate classroom locations.  IA’s who are reassigned to a classroom assignment in a different school building will receive a monetary bonus as described below:

1.      A bonus of $16.50 will be allocated for each day an IA reports to an alternate classroom location in a building other than the one where they are regularly assigned.

2.      The bonus will be allocated whether the alternate assignment is planned or unplanned. 

  1. IAs will note their alternate assignment location on their timesheet.

  2. Bonuses will be calculated based on timesheets and included in monthly payroll.

  3. Bonuses will begin effective October 4, 2021 through the end of the 2021-22 school year so long as reassignments are needed for classroom operations.

  4. No bonus will be applied on days an IA is on leave.

EXCEPT as modified in this Memorandum of Understanding, the 2019-23 Collective Bargaining Agreement shall remain in full force and effect.

Attachments: (1)
7.F. Approve Memorandum of Understanding with LCEA - Recruitment Bonuses
Presenter:  Board Chair, Superintendent
Description: 

The LANE EDUCATION SERVICE DISTRICT Board of Directors (hereinafter referred to as “District”) and LANE COUNTY EDUCATION ASSOCIATION (hereinafter referred to as “Association”) hereby agree that the District is facing unprecedented challenges in recruiting and hiring staff for vacant positions.  The District and the Association agree that coordinated efforts involving employees actively sharing information about vacancies and encouraging individuals to apply for vacant positions is valuable to the District’s recruitment efforts and valuable to the Association members who are impacted by staffing shortages.  To this end the follow recruitment/referral bonus will be implemented effective October 1, 2021 thru June 2023.

1.      A current employee who has referred a successful applicant will receive a $200 bonus when the applicant successful completes 3 months of employment.  The employee will receive another $300 if the applicant successfully completes 9 month months of employment and is being recommended for continued employment.

2.      Referred applicants who are hired and successfully complete 9 months of employment and are being recommended for continued employment will receive $500 at the end of that 9 month period.
3.      Bonuses will be included in payroll in the month following the 3 or 9 month period.
4.      The use of recruitment bonuses will be evaluated in April 2023 to determine effectiveness, and if the program should be continued or modified.


EXCEPT as modified in this Memorandum of Understanding, the 2019-23 Collective Bargaining Agreement shall remain in full force and effect.

Attachments: (1)
7.G. Approve Superintendent Evaluation Process
Presenter:  Board Chair
Description:  The Board of Directors of Lane ESD reviewed the Evaluation Process for the Superintendent for the 2020-21 year at its September meeting.  The Board consensus is to continue with the same evaluation tool for 2020-21 as was used in 2019-20, the old version of the OSBA Superintendent Evaluation tool.   The Board will act to use the OSBA Superintendent Evaluation Workbook Version 1, and subsequently identify a timeline and groups to survey for feedback on the Superintendent's performance.

The board discussed targeting the audience for performance feedback.  Superintendent Scurto will provide input on the targeted groups. 
Attachments: (1)
7.H. Nominate OAESD Legislative Committee Member
Presenter:  Board Chair
Description:  Every two years, OAESD forms a Legislative Committee for the upcoming long (odd year) session to study and address proposed or current legislation affecting the members, purpose, mission, or organization of OAESD. The OAESD Governance Council is asking for nominations for the 16 members of this Committee for the 2021 Legislative Session.

In accordance with the OAESD bylaws, the Committee is comprised of up to eight each of board member representatives and superintendent representatives including the Officers Council. The Officer Council representatives for the 2021 Legislative Session are as follows:
1. Mark Redmond, Superintendent, Malheur ESD (President)
2. Rose Wilde, Board Member, Lane ESD (Past Chair)
3. Paul Andrews, Superintendent, High Desert ESD (President-elect); Legislative Committee Chair
4. Kelly Bissinger, Board Member, Intermountain ESD, (Chair-elect)
5. Tenneal Wetherell, Superintendent, South Coast ESD (Past-President)
6. Bob Moore, High Desert ESD (Past-Chair)

The Governance Council is requesting nominations by ESD Board or Self for the remaining 5 Board Positions and the remaining 5 Superintendent Positions.

Nominations for Board representatives should be submitted no later than October 16, 2020.

The time requirement for the Committee work is generally 2-3 hours per month beginning in December through the end of the session the first week of July in 2021.
Attachments: (1)
7.I. Adopt 2022-23 Budget Calendar
Presenter:  Board Chair
Description: 

The Board will annually adopt a budget calendar which identifies dates and deadlines required for the legal presentation and adoption of the budget.

The superintendent will prepare and recommend a proposed calendar for Board approval. The calendar will identify dates and activities to include those needed to comply with state law.

Attachments: (1)
7.J. Declaration of Indigenous Peoples Day 2021
Presenter:  Board Chair
Description:  Whereas Christopher Columbus, a man who is known to have “discovered” the Americas, came upon land that was already inhabited by Indigenous People, his historically cited contributions being either inaccurate or facially not worthy of celebrating; and

Whereas Columbus’ voyage to the Americas opened the door to heinous crimes against humanity, including but not limited to the introduction of transatlantic slavery and genocidal acts against Indigenous People; and

Whereas the Indigenous People were promised security and protection but instead were forcibly relocated and their land seized to allow for settlements; and

Whereas the State of Oregon recognizes and acknowledges the traditional homelands of Oregon’s nine federally recognized tribal nations; and

Whereas the State of Oregon recognizes and acknowledges the significant contributions to this state of Oregon’s nine federally recognized tribal nations, as well as those of many Native Americans from tribal nations across the country, and commits to ensuring greater access and opportunity for continued contribution by Indigenous People; and

Whereas the State of Oregon has the opportunity and means to cultivate a community that honors and respects the diverse history of this land; and

Whereas the State of Oregon does not formally recognize Columbus Day; and

Whereas it is appropriate to recognize the original inhabitants of the Americas: Indigenous People; and

Whereas the idea of Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations; and

Whereas the State of Oregon, adopted this Act in May 2021 and became the 11th state in the United States to formally recognize Indigenous Peoples’ Day; now, therefore,

The Board of Directors of Lane Education Service District resolves to observe the second Monday in October of each year as Indigenous Peoples’ Day.
8. Discussion/Reports
8.A. Legislative Update
Presenter:  Superintendent Tony Scurto
Description:  Superintendent Scurto will provide an update in legislative activities if there are any updates.
8.B. Superintendent Report
Presenter:  Superintendent Tony Scurto
8.C. Grant Reports
Presenter:  Superintendent Scurto, Dave Standridge
Description:  Superintendent Scurto and Business Services Director Dave Standridge will discuss grant reports.
Attachments: (2)
8.D. EWEB Property Disposal
Presenter:  Superintendent Tony Scurto
Attachments: (1)
8.E. First Read: Policy Updates
Presenter:  Superintendent Tony Scurto
Description:  The Board will read and review policy updates.

GCBAB: Salary Advancement

Education credits shall be granted only for work done at an accredited institution of higher learning. Education credits shall be granted only for graduate credits earned subsequent to receipt of the baccalaureate or master’s degree unless there is a waiver by the superintendent. Education credits shall be granted only for academic work relevant to the employee’s responsibilities. The relevance to program must be established by the service area director and approved in advance.


JGA: Corporal Punishment
The revisions and proposed language included in this issue result from the changes made to the definitions and practices for the use of restraint and seclusion in schools. The prohibition of the use of corporal punishment is found in ORS 339.250.

 

Attachments: (2)
8.F. Strategic Planning
Presenter:  Board Chair, Superintendent
Description:  The Board will discuss the Strategic Planning process and provide feedback.
8.G. Community Advisor
Presenter:  Board Chair, Superintendent
Description:  The Board will discuss strategies for recruiting a Community Advisor.  The Board may recruit one or more advisors from the community. The Board seeks advisors from
different community perspectives, including the social services sector, equity and diversity, workforce, higher education or early childhood education.  The Board will recruit based on identified need for perspective. In the event that the Board seeks a community advisor, the Board will prepare an invitation to apply for advisory position. The Board will review applications and select candidates for interview. Selection will be made by Board vote.  The term of Community Advisor is two years, renewable based on the identified needs of the Board. The Community Advisor will bring an independent consumer voice, understand and communicate the community perspective, advocate for the community and share Lane ESD information with the community.  The Community Advisor can represent Student Voice.

The Community
Advisor is not a member of the Board. The Community Advisor is invited to all Board meetings and work sessions. The Community Advisor is expected to attend meetings on a regular basis. The Community Advisor will receive a Board Meeting Agenda packet. The Community Advisor is eligible for mileage reimbursement through Lane ESD.
9. Information from Administrative Staff
Presenter:  Administrative Staff
Description: 
The directors of Human Resources and Title Programs, Special Education, Business Services, Technology and School Improvement have submitted written reports  to the Board on matters of interest concerning his/her area of responsibility.
 
Attachments: (2)
10. Board Member Reports and Comments/Agenda Planning
Presenter:  Lane ESD Board, Liaisons, Advisors
10.A. Agenda Planning
Presenter:  Board Chair
Description:  Board members are invited to send agenda items to be considered for the next board meeting.  Please call or email to the Board Chair or Superintendent.
10.B. Board Member Reports
Presenter:  Board, Advisors, Liaisons
Description: 
Board members are asked to submit their reports in writing to be attached to Boardbook.  Reports can be sent to the Executive Assistant in advance of the meeting.
 
As Board Members prepare their reports, please consider  the following questions: 
 
1.    What programs did I visit over the last month? What committees did I participate in?
2.    What is the connection to the LESD services and programs to the component districts or community?
3.     What significance or meaning does the activity have to the broader community?
4.     What are the next steps or follow-up activities planned?

Sherry Duerst-Higgins
Linda Hamilton
Leslie Harris
Nora Kent
Sydney Kissinger
Vanessa Truett
Rose Wilde
 
Johnie Matthews, Superintendents' Council Advisor
Emilio Hernandez, Community Advisor
Mike Anderson, Liaison, Creswell School District
Mark Boren, Liaison, Fern Ridge School District

 
Attachments: (2)
11. Announcements/Correspondence
Presenter:  Board Chair
11.A. Acknowledgements and Recognition
Presenter:  Superintendent Tony Scurto
11.B. Kudos
Presenter:  Administrators
Description:  Thank you to those who took the time to acknowledge co-workers/staff with kudos.  Employees and Board members can submit a "kudo" any time during the month.   To submit a kudo visit: www.lesd.k12.or.us/forms/kudos.html
 
 
11.C. Announcements
Presenter:  Board Chair
11.C.1. Lane ESD Board Member Activities and Opportunities 
Description:  - NSBA 2021 Pacific Region Winter Meeting, October 8-10, 2021
- OSBA Fall Regional Listening Sessions, October 2021
- OSBA Board Meeting, November 12-13, 2021
- American Education Week, November 15-19, 2021
- OSBA Board Meeting, December 3-4, 2021
 
11.C.2. Component District Board Meeting Dates
Attachments: (1)
12. Adjournment
    •    The next regular meeting is scheduled to be held Tuesday, November 2, 2021, at the Lane ESD Main Campus, 1200 Highway 99 N, Eugene.
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