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March 29, 2021 at 6:30 PM - Regular Meeting

1. Call to Order
Description:  This is a meeting of the Board of Education in public for the purpose of conducting the School District's business and is not to be considered a public community meeting.
2. Roll Call
3. Public Notice
Description:  The meeting was noticed by way of publication in the Waterford Post of Friday, March 26, 2021, and by posting in the District Office and on the District's website. Minutes from the January 25, 2021 board meeting were published in the Waterford Post on Friday, February 26, 2021. These minutes were also published on the District's website.
4. Pledge of Allegiance
5. Consent Agenda
5.A. Treasurer's Report
Attachments: (1)
5.B. Minutes of the February 22, 2021 monthly board meeting
Attachments: (1)
5.C. Staff Retirements
5.C.(1) Mike Nelson, Music Teacher/Band Director
Attachments: (1)
5.D. New Hire
5.D.(1) Leanne Ludwig, Special Education Program Assistant
5.E. Technical Excellence Scholarships
Description:  Waterford Union High School is able to award three Wisconsin State Technical Excellence Scholarships because our enrollment is above 1,000 students. These scholarships are awarded to the top three students of the senior class based on their CTE credits earned and their CTE involvement after seven semesters. These students are eligible for a yearly scholarship of $2,250 per year up to three years. The Board needs to approve these students and the alternates. A letter from School Counselor Niki Werner is included.
Recommendation: The Board approves Trevor Koeppen, Ryan Michalski, and Quinn Kroner as recipients of the Wisconsin State Technical Excellence Scholarships, and the following students as alternates in the order listed: Andrew Schaaf, Ethan Pearson, Logan Cox, Jillian Busch, James Breidenbach, Brandon Bailey, Julia Zubarik.  
6. Student Recognition
Description:  The Administration would like to recognize and congratulate students who have qualified for state level competitions or who were recipients of other prestigious level awards.
6.A. Technical Excellence Scholarship Recipients
Description:  The top three seniors named as recipients of the 2021 Techical Excellence Scholarship recipients have been invited to the Board meeting to receive recognition for their outstanding academic achievements.
7. Resident Comments
Description:  At this time the board would like to invite any member of the audience to stand with comments about items of interest or concern that do or do not appear on the agenda this evening. Please begin by stating your name and address. It would be appreciated if you would limit your comments to three minutes so that we can keep the meeting moving in a timely fashion and allow others an opportunity to speak. We ask that you remember that Wisconsin law prohibits us from discussing specific employees or their job performance. Thank you for your support of our school district.
8. Information Items
8.A. Student Council Report
Description:  The Student Council Sergeant at Arms will provide an update on the recent activities of various student co-curricular clubs. 
8.B. Performing Arts Center Update
Description:  Andrew Carter, PAC Director, will give an overview of the various projects he has been working on since coming on board this past fall. 
8.C. Employee Handbook Review - Working during contractual hours.
Description:  A math teacher providing private tutoring services was found to conflict with providing contractual Parent-Teacher conferences.  The District reasonably concluded that any private tutoring which conflicts with the teacher’s contractual responsibilities to the District violates the District’s Conflict of Interest (COI) policy.  The math teachers rescheduled the tutoring session for a non-contractual time.
The question led to the need to clarify the COI policy about a small group of teachers engaged in a side-business to provide timing services at area track and cross country races.  A business relationship between the timing business and the District is not unlawful under the public contracting statutes cited in our Contracts and Conflict of Interest policy.
Separately, the issue of whether a teacher may engage in a private business on their personal days is not dictated or controlled by statute as a matter of law, but rather, the District’s applicable leave policies govern permissible conduct during the paid leave. Based on the school attorney's review of the District’s current policy governing personal leave, the use of personal days to engage in the timing business directly violates the District’s personal leave policy.  Specifically, Sections 12.02-12.03 of the District’s 2020/2021 Employee Handbook (Rev. 11-23-2020) provide, as follows:
12.02     Reasons for Personal Leave
Personal leave may be used for compelling personal obligations which cannot reasonably be conducted outside of the employee's workday.
12.03     Personal Leave Day Restrictions
The personal leave day will not be granted during the first or last two weeks of a semester, on a parent-teacher conference day, or an in-service day without prior approval from the District Administrator. Personal leave during these periods may be approved for personal business that cannot be rescheduled for a different time at the discretion of the District Administrator or his/her designeePersonal leave shall not be used as vacation or to engage in activities for which the employee will receive compensation from any source. Compensation shall not include payment or reimbursement of expenses. In addition, personal leave shall not be used to attend Association membership meetings or legislative rallies, to engage in job actions such as picketing or demonstrating, or to participate in activities designed to embarrass or discredit the District.
The practice of taking personal leave to receive compensation has been permitted in the past despite the language in the current policy.  The District’s past practice of allowing personal days to be used for the timing business conflicts with the Employee Handbook policy and will need to be reconciled. 

Upon bringing this matter to the attention of the small group of teachers, similar questions regarding compensation have arisen.  For example, can a teacher serving in the capacity of a coach be compensated for driving a bus to and from a contest or tournament?  

It is the District's position that the handbook should be amended to state, "Personal leave shall not be used as vacation or to engage in activities for which the employee will receive compensation from any outside source."f

The change would permit a staff member to drive the bus while coaching, host a club meeting during the school day as an advisor, substitute teach during a preparatory period and provide timing for WUHS hosted events.  However, an employee may not use personal leave for providing compensated services (such as timing) from an entity outside of WUHS.    

8.D. NEOLA Policy Updates
Description:  Attached are numerous policies that have been updated by NEOLA, along with an overview explaining the changes. These policies will be presented to the Board for action at the April meeting. 
Attachments: (1)
8.E. 2021-2022 Course Enrollments
Description:  In February, students registered for classes for the upcoming school year. Principal Dan Foster has been working with Student Services to establish the number of course sections in each department based on student registration selections. Principal Foster will present data on the number of course sections proposed for each department next year as well as any classes with enrollment of 14 or less students. Courses with less than the minimal number of students will be presented for board action in April.
Attachments: (1)
9. Items For Board Action
10. Superintendent's Report
A.  Mission Statement
B.  Behavior System
11. President's Report
12. Adjourn from Open Meeting
13. Reconvene in Executive Session under State Statute 19.85 (1) (c) 
Description:  Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility,
13.A. Evaluation of Building and Grounds Position and Related Salary
13.B. Administrative Salaries
13.C. Teacher Salaries
13.D. Support Staff Salaries
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