[00:00:01] ALL RIGHT, SO GO AHEAD AND GET STARTED. AND WE HAVE THIS WORK SESSION, WE'RE STARTING AT EIGHT THIRTY TWO AND. WE ARE LOOKING AT OUR STATUTORY AND REGULATORY POLICY REVISIONS, SO LONG AWAITED ONES, SO [1. Statutory and Regulatory Policy Revisions (documents posted 6/2/21)] WITH THAT, I'M GOING TO GO AHEAD AND ACTUALLY TURN IT OVER TO MS. PRIVACY. GOOD EVENING, SCHOOL BOARD MEMBERS. I AM GOING TO START WITH A BIT OF AN APOLOGY, MY COMPUTER IS CHOOSING WHEN AND WHEN NOT TO SHOW MY VIDEO. IT MAY GO IN AND OUT SEVERAL TIMES OVER THE COURSE OF THE PRESENTATION, BUT IT'LL JUST BE A SURPRISE. I'LL BE POPPING IN AND OUT, SO WE'LL HOPE FOR THE BEST. SO THIS EVENING, WE HAVE NINE POLICIES AND REGULATIONS TO REVIEW FOR REVISION. I WOULD LIKE TO GO OUTSIDE OF OUR USUAL PROCESS OF RUNNING THROUGH THEM ALPHABETICALLY. I WOULD LIKE TO ADDRESS ALL OF THE STEPS, THE POLICIES AND REGULATIONS THAT ARE RELATED TO CHANGES IN THE TITLE NINE REGULATIONS. I'D LIKE TO ADDRESS THOSE AS A GROUP GLOBALLY AT THE BEGINNING BECAUSE WE ARE FORTUNATE TO HAVE OUR OUTSTANDING LEGAL COUNSEL HERE TO BACK ME UP WITH ANY QUESTIONS. SO I'D LIKE TO ADDRESS THOSE FIRST. WE'RE GOING TO BE GOING A BIT OUT OF ORDER AND THEN WE'LL GO ON TO SOME OF THE STATUTORY CHANGES AND SOME OF THE POLICIES FROM THE OTHER POLICY CLASSIFICATION. SO THE POLICIES THAT I'M REFERRING TO ADDRESSING FIRST ARE OUR POLICIES ON DISCRIMINATION AND HARASSMENT, AND THIS NIELSON IS GOING TO KIND OF JUST BE SCROLLING THROUGH THEM. WHILE I'M TALKING, AS YOU HAVE SEEN IN YOUR REVIEW OF THE DOCUMENTS, THERE ARE SEVERAL OF THEM AND THEY ARE QUITE LONG. AND SO, OF COURSE, I'M NOT GOING TO GO THROUGH THEM WORD BY WORD, BUT SHE WILL KIND OF SCROLL THROUGH THEM AS I'M TALKING AND I AM REFERRING TO. LET'S JUST POINT OUT WHICH ONES WE'RE REFERRING TO HERE. THEY ARE POLICIES, J.B., WHICH WE ARE PROPOSING FOR RETITLING AS NONDISCRIMINATION AND EDUCATION POLICY. JEAB PROPOSED TO BE RETITLED IS NON DISCRIMINATION IN EMPLOYMENT JOINT POLICY GVA JSH A TO BE TITLED PROHIBITION AGAINST HARASSMENT, BULLYING, HOSTILE WORK, ENVIRONMENT AND RETALIATION. AND THEN OUR TWO REGULATIONS, JOINT REGULATION. JABOR JEFF HAIGHA, WHICH IS PROCEDURES FOR INVESTIGATING STUDENT COMPLAINTS OF DISCRIMINATION, HARASSMENT AND BULLYING. AND OUR FINAL REGULATION, WHICH IS GBARA GBE ARE PROCEDURES FOR INVESTIGATING STAFF COMPLAINTS OF DISCRIMINATION, HARASSMENT, BULLYING, HOSTILE WORK ENVIRONMENT OR UNETHICAL CONDUCT. SO THAT'S THE GROUP I'M TALKING ABOUT. AND WE'RE GOING TO LOOK AT THOSE FIRST. I'D LIKE TO KIND OF DO JUST A LITTLE BACKGROUND PRIMER OF TITLE NINE THAT JUST MAKE SURE WE'RE ALL ON THE SAME PAGE AND WE KNOW WHY WE'RE LOOKING AT THESE POLICIES TOGETHER. TITLE NINE OF THE EDUCATION AMENDMENTS OF 1972 AND ANTI-DISCRIMINATION STATUTE, WHICH ESSENTIALLY SAYS THAT NO PERSON IN THE UNITED STATES ON THE BASIS OF SEX SHALL BE EXCLUDED FROM PARTICIPATION IN BE DENIED THE BENEFITS OF OR BE SUBJECTED TO DISCRIMINATION UNDER ANY EDUCATION PROGRAM OR ACTIVITY RECEIVING FEDERAL FINANCIAL ASSISTANCE. THE TITLE NINE IMPLEMENTING REGULATIONS ARE FOUND AT THIRTY FOUR, CFR ONE OF SIX AND TITLE NINE IS ENFORCED BY THE DEPARTMENT OF EDUCATION'S OFFICE OF CIVIL RIGHTS AS WELL AS STATE EDUCATION AGENCIES. SO AS OF NINETEEN NINETY SEVEN, TITLE NINE HAS ALSO INCLUDED A PROHIBITION OF HARASSMENT ON THE BASIS OF SEX. AND THEN SINCE THAT TIME, THE OFFICE OF CIVIL RIGHTS HAS ISSUED GUIDANCE DOCUMENTS IN 1997 AND IN 2001, 2010, 2015. AND THESE GUIDANCE DOCUMENTS DEFINE SEXUAL HARASSMENT AND THE PROCEDURES FOR INVESTIGATING COMPLAINTS OF SEXUAL HARASSMENT. AND IT HAS EVOLVED OVER TIME. BUT WHAT BRINGS US HERE TODAY IS THAT UNDER THE LAST ADMINISTRATION, THEY UNDERTOOK A FORMAL RULEMAKING AND SO CHANGES TO TITLE NINE IMPLEMENTING REGULATIONS BECAME EFFECTIVE IN AUGUST OF TWENTY TWENTY. AND SO THAT IS WHAT'S DRIVING THE CHANGES TODAY. SO THE CHANGES TO THE IMPLEMENTING REGULATIONS, THERE ARE MANY, BUT ESSENTIALLY WE CAN GROUP THEM BY SAYING THAT THERE ARE ENHANCED PROCEDURAL REQUIREMENTS ON PART ON THE PART OF SCHOOL DIVISION. SO NOW REFERENCES TO SEX DISCRIMINATION HAVE BEEN EXPANDED TO ALSO REFER TO SEXUAL [00:05:01] HARASSMENT. THERE ARE PROCEDURAL REQUIREMENTS THAT ARE NOW DIFFERENT FOR SEX DISCRIMINATION, SEXUAL HARASSMENT, DIFFERENT GRIEVANCE PROCESSES. THE SCHOOL DIVISION MUST DESIGNATE AT LEAST ONE EMPLOYEE TO COORDINATE ITS EFFORTS TO COMPLY WITH ITS RESPONSIBILITIES UNDER TITLE NINE. THAT PERSONS THE TITLE NINE COORDINATOR AND NOW THE SCHOOL DIVISION MUST ALSO NOTIFY CERTAIN GROUPS OF PEOPLE ABOUT HOW TO CONTACT THAT TITLE NINE COORDINATOR WITH ALL OF THEIR CONTACT INFORMATION IS AND THE FACT THAT WE DON'T DISCRIMINATE. WE MUST NOTIFY ANY STUDENTS, POTENTIAL STUDENTS, APPLICANTS FOR ADMISSION, TECHNICALLY EMPLOYEES, APPLICATIONS FOR APPLICANTS FOR EMPLOYMENT, PARENTS AND GUARDIANS, AND THE UNIONS OR PROFESSIONAL ORGANIZATIONS THAT HOLD COLLECTIVE BARGAINING OR PROFESSIONAL AGREEMENTS WITH ACPS. THERE ARE EXPANDED REQUIREMENTS TO DISSEMINATE OUR NONDISCRIMINATION POLICY AND ESSENTIALLY TO COMMUNICATE TO EVERYONE HOW TO FILE ANY POTENTIAL COMPLAINT OF SEXUAL HARASSMENT. ANOTHER BIG CHANGE IN THE NEW REGULATIONS IS THE EXPANDED DEFINITION OF SEXUAL HARASSMENT. UNDER TITLE NINE, IT IS A THREE PRONGED DEFINITION. SEXUAL HARASSMENT UNDER TITLE NINE CAN NOW BE COMING THREE THREE THREE VARIETIES, ESSENTIALLY UNWELCOME CONDUCT, A QUID PRO QUO OR SEXUAL VIOLENCE. UNWELCOME CONDUCT, SEXUAL HARASSMENT UNDER TITLE NINE IS CONDUCT THAT'S DETERMINED BY A REASONABLE PERSON TO BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE THAT IT EFFECTIVELY DENIES THE PERSON EQUAL ACCESS TO THE EDUCATION PROGRAM OR ACTIVITY. THE QUID PRO QUO DEFINITION OF SEXUAL HARASSMENT IS WHEN AN EMPLOYEE OF ACPS CONDITIONS THE PROVISION OF AN AID BENEFIT OR SERVICE OF THE EDUCATION PROGRAM ON AN INDIVIDUAL'S PARTICIPATION IN UNWELCOME SEXUAL CONDUCT. AND FINALLY, THE THIRD PRONG OF THE NEW DEFINITION IS SEXUAL VIOLENCE. AND THAT CONSISTS OF. OF FEDERAL DEFINITIONS BY STATUTE FOR SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE OR STALKING. OK, SO THAT'S KIND OF THE PRIMER AND THEN WHAT ALL OF THESE NEW REVISIONS ARE REFLECTING TODAY, AGAIN, I SAID, ARE THE ENHANCED PROCEDURAL REQUIREMENTS NOTICE OF THAT CONTACT INFORMATION DISSEMINATION OF OUR POLICY, THE FACT THAT AS A SCHOOL DIVISION NOW WE ARE REQUIRED WHEN WE RECEIVE ANY COMPLAINTS, WHETHER IT IS FORMAL OR INFORMAL, TO ISSUE A GENERAL RESPONSE IN A MANNER THAT IS NOT DELIBERATELY INDIFFERENT. WE HAVE ENHANCED OBLIGATIONS, IN FACT, FOR RESPONDING. LIKE I SAID, WHETHER IT IS AN INFORMAL OR A FORMAL COMPLAINT, IF IT'S FORMAL, THEN IT FOLLOWS A GRIEVANCE PROCESS. ANOTHER BIG CHANGE, AND THIS IS REALLY IMPORTANT TO NOTE, IS THAT ALL ACPS EMPLOYEES ARE NOW CONSIDERED MANDATORY REPORTERS. AND SO WE REALLY MUST TRAIN ALL OF OUR EMPLOYEES TO RECOGNIZE SEXUAL HARASSMENT UNDER THE NEW DEFINITION, BECAUSE ANY EMPLOYEE THAT IS DEEMED TO HAVE KNOWLEDGE OF ALLEGED ALLEGED SEXUAL HARASSMENT, THAT MEANS NOW THE SCHOOL DIVISION IS DEEMED TO HAVE ACTUAL KNOWLEDGE AND THEN THAT TRIGGERS A RESPONSE, A REQUIREMENT FOR US TO RESPOND. SO SOME ADDITIONAL CHANGES WHEN WE RESPOND TO ANY COMPLAINT. AGAIN, INFORMAL OR FORMAL, WE MUST OFFER SUPPORTIVE MEASURES. WE MUST ALSO OFFER AN INFORMAL RESOLUTION PROCESS. AND THEN IF THE FORMAL IF IF THE COMPLAINT DOES BECOME A FORMAL ONE AND IT GOES THROUGH THE GRIEVANCE PROCESS, THE STEPS, OF COURSE, ARE THAT YOU RECEIVE THE COMPLAINT AND INVESTIGATION IS DONE. A REPORT IS WRITTEN. THERE IS A DETERMINATION OF RESPONSIBILITY THAT IS MADE. THERE IS OPPORTUNITY FOR APPEAL, AS I SAID, ENHANCED TRAINING REQUIREMENTS AND ENHANCED RECORDKEEPING REQUIREMENTS ON BEHALF OF THE DIVISION AS WELL, AND ALL OF THE STAFF MEMBERS THAT WILL FILL THOSE ROLES WITHIN THE GRIEVANCE PROCESS. THE INVESTIGATOR, THE DECISION MAKER ON RESPONSIBILITY, THE DECISION MAKER ON APPEAL. ALL OF THOSE TRIGGER NEW SPECIALIZED TRAINING REQUIREMENTS FOR THE FOLKS IN THOSE ROLES AS WELL. OK, SO THAT'S OUR REVIEW AND THEN WHAT WOULD I KIND OF WANTED TO SAY ABOUT THIS GROUP IS THAT DUE TO THE CHANGES IN THESE IMPLEMENTING REGULATIONS AND THEN ALSO OUR FIVE YEAR REVIEW CYCLE, WHICH YOU'RE VERY FAMILIAR WITH, WE TOOK A LOT. WE TOOK A LOOK AT ALL OF OUR DISCRIMINATION AND HARASSMENT POLICIES HOLISTICALLY. AND WE ALSO WANTED TO ALIGN THEM WITH OUR VISION, FRANKLY, OF OUR BOLD NEW STRATEGIC PLAN. AND AS YOU KNOW, WE ARE UNDERGOING AN EQUITY POLICY AUDIT. [00:10:03] AND THIS IS THE FIRST GROUP OF POLICIES THAT OUR POLICY AUDIT TEAM REVIEWED AND DISCUSSED. AND WE DISCUSSED TRYING TO SHIFT OUR APPROACH IN OUR POLICY WRITING FROM, YOU KNOW, COMING ACROSS TOO OFTEN IS MERELY PUNITIVE TO KIND OF BEGINNING OUR POLICIES BY FIRST PLANTING THE FLAG, SO TO SPEAK, ABOUT, YOU KNOW, WHAT KIND OF WELCOMING, INCLUSIVE, NURTURING ENVIRONMENT WE INTEND TO FOSTER AND UPHOLD IN ACPS AND INCLUDE DISCUSSIONS OF OUR USE OF RESTORATIVE PRACTICES AND MULTITIERED SYSTEMS OF SUPPORT, AND THEN DISCUSS THE PROCESS AND RAMIFICATIONS IF THESE IDEALS ARE NOT MET AND HOW WE WILL THEN ADDRESS COMPLAINTS OF DISCRIMINATION, HARASSMENT, BULLYING, ET CETERA. AND SO THE FINAL POINT I WANT TO SAY ON THIS BEFORE WE TAKE QUESTIONS ON THESE IS THAT WE'VE ALSO THERE AND AGAIN, WE ALSO HAVE REALIGNED OUR REGULATIONS IN THIS AREA BEFORE. IT WAS A LITTLE BIT CONVOLUTED. THERE WERE MULTIPLE DIFFERENT COMPLAINT FORMS AND WE HAD JOINT REGULATIONS BETWEEN THE STUDENT AND STAFF SIDE. AND SO YOU'LL SEE THAT WE HAVE REVISED THE REGULATIONS SO THAT ONE REGULATION ADDRESSES ALL STAFF COMPLAINTS AND ONE ADDRESSED THE STUDENT COMPLAINTS. THERE ARE SOME DIFFERENT PROCESSES AND OF COURSE, THERE ARE SOME DIFFERENT STATUTES THAT COME INTO PLAY. TITLE SEVEN COMES INTO PLAY ON THE EMPLOYMENT SIDE, BUT NOT THE STUDENT SIDE. AND SO WE'RE TRYING TO JUST MAKE THOSE MAKE MORE SENSE, BECAUSE IF THESE ARE NOT UNDERSTANDABLE, OF COURSE, THEN THEY DON'T SERVE OUR COMMUNITY. SO THAT IS MY GENERAL RULE. AS I SAID, WE ARE FORTUNATE TO HAVE MR. CAFFERTY HERE IF YOU HAVE ANY LEGAL QUESTIONS. ALSO, DR. CRAWFORD HERE IS HERE. IF YOU HAVE QUESTIONS ABOUT OUR CURRENT PROCESSES OR PROCEDURES. I KNOW, BUT THAT IS MY INTRODUCTION TO THIS GROUP. I'M JENNIFER. YES, IT MIGHT BE HELPFUL IF I MADE JUST A COMMENT OR TWO TO FOLLOW UP ON THAT WITH MS. ALDERTON AND WHAT WOULD THAT BE? OK. YES, GO RIGHT AHEAD. OK, THANK YOU AND GOOD EVENING. THE IS IS JENNIFER SAID WHAT WHAT ANIMATES THE REVIEW OF THESE POLICIES AND REGULATIONS ARE THE FEDERAL REGULATIONS THAT WERE ADOPTED BY THE US EDUCATION DEPARTMENT LAST AUGUST. THOSE REGULATIONS APPLY ONLY TO BY THEIR TERMS ANYWAY, APPLY ONLY TO SEXUAL HARASSMENT UNDER TITLE NINE. YOU MIGHT ASK SO. SO WHEN IT COMES TO SEXUAL HARASSMENT UNDER TITLE NINE AND AS JENNIFER SAID, THERE'S A LOT OF DETAILED PROCEDURES IN THERE CONCERNING NOTICE AND INVESTIGATION AND APPEAL AND RIGHTS OF FOLKS ACCUSED THAT YOU DON'T HAVE ANY LATITUDE NOT TO ADOPT. YOU HAVE TO ADOPT THEM. THEY'RE NOT JUST GUIDANCE. YOU KNOW, THERE'S BEEN A LOT OF INTERPRETATION UNDER TITLE NINE OVER THE YEAR THAT'S BEEN DONE OVER THE YEARS. IT'S BEEN DONE BY REALLY SEVERAL DIFFERENT PRESIDENTIAL ADMINISTRATIONS THROUGH LET GUIDANCE TYPE LETTERS. THEY DON'T HAVE THE FORCE OF LAW. THESE ARE FORMAL RULES THROUGH A FORMAL REGULAR REGULATION WRITING PROCESS. THEY HAVE THE FORCE OF LAW WHEN IT COMES TO SEXUAL HARASSMENT CLAIMS, YOU DON'T HAVE ANY LATITUDE BUT TO ADOPT THEM AS A PART OF YOUR PROCEDURES AND REGULATIONS. YOU MIGHT ASK, THOUGH, SINCE YOU'RE LOOKING AT OTHER KINDS OF REGULATIONS AND PROCEDURES IN YOUR ORDINARY CYCLE. WELL, THERE'S LOTS OF OTHER KINDS OF DISCRIMINATION AND HARASSMENT, RACE, RELIGION, DISABILITY, A LOT OF THEM. WHY HAVE A DIFFERENT PROCESS OR SHOULD WE HAVE A DIFFERENT PROCESS FOR THEM THEN? FOR ONE CATEGORY OF COMPLAINT OF OF COMPLAINTS, THAT IS FOR SEXUAL HARASSMENT. AND AND YOU DON'T HAVE TO YOU COULD PUT ALL YOUR DISCRIMINATION AND HARASSMENT CLAIMS UNDER ANY BASIS UNDER THE SAME PROCESS. THERE ARE SOME REASONS WHY YOU MAY NOT WANT TO DO THAT AND PROBABLY DON'T WANT TO DO THAT. AND I KNOW THAT WHY SOME OTHER SCHOOL DIVISIONS HAVE CHOSEN NOT TO DO THAT. THESE WERE REGULATIONS, AS YOU PROBABLY KNOW, ADOPTED IN THE WANING DAYS OF THE PREVIOUS ADMINISTRATION BY THE EDUCATION DEPARTMENT UNDER BETSY DUBOST. [00:15:03] AND THE SORT OF WORLD VIEW OF THEM, IF I CAN PUT IT THAT WAY, WAS THAT EXISTING PROCESSES TOO MUCH FAVOR VICTIMS OF HARASSMENT OVER THOSE WHO WERE ACCUSED OF IT. AND SO THE PROCESS HERE IS REALLY AN EXTRAORDINARILY LEGALISTIC AND SOME WOULD SAY CUMBERSOME PROCESS, MUCH MORE SO THAN YOU HAVEN'T REALLY ANY OTHER AREA OF STUDENT DISCIPLINE OR EMPLOYEE DISCIPLINE, FOR THAT MATTER. THERE'S BEEN SOME TALK IN THE CURRENT PRESIDENTIAL ADMINISTRATION, FRANKLY, OF REVISITING THESE REGULATIONS. BUT IN IN MANY RESPECTS, I MEAN, THERE ARE SOME RESPECTS I THINK I THINK THE APPROACH OF THESE THE REVISIONS THAT HAVE BEEN DONE TO THESE POLICIES AND REGULATIONS IS WHERE POSSIBLE. TO TO NOT HAVE TWO DIFFERENT PROCESSES, ONE FOR SEXUAL HARASSMENT AND ONE FOR EVERYTHING ELSE, BUT IN THOSE AREAS WHERE THE NEW TITLE NINE REGULATIONS ARE A EXTREMELY GOOD ONE TO SAY BURDENSOME, BUT OR IMPOSE OR CREATE A REALLY VERY DETAILED AND EXTENSIVE PROCESSES NOT TO GO TO TO THAT, NOT TO GO TO THAT EXTENT. I MEAN, THINGS LIKE, YOU KNOW, HAVING A RIGHT TO A LAWYER AND HAVING A SORT OF MOTION TO DISMISS OR DEMURRER PROCESS OF BIFURCATED INVESTIGATION PROCESS. THERE'S SOMETHING AKIN TO A LITIGATION DISCOVERY PROCESS, A HEARING PROCESS AND A WRITTEN DECISION WITH A LOT OF REQUIREMENTS. YOU CAN DO THAT IF YOU WANT FOR EVERY KIND OF DISCRIMINATION OR HARASSMENT. INTERNAL COMPLAINT. BUT BUT IT'S BUT YOU MAY NOT WANT TO. AND I KNOW A NUMBER OF OTHER DIVISIONS HAVE CHOSEN NOT TO DO THAT. SO THAT'S THE REASON WHY WHEN YOU LOOK AT THESE, YOU SAY, WOW, IT SEEMS LIKE WE HAVE TWO DIFFERENT LANES HERE. AND TO SOME DEGREE YOU DO. AND THAT'S THAT'S THE REASON WHY. IT'S REALLY JUST THE SORT OF OVERALL COMMENT THAT I WANTED TO MAKE, BECAUSE I THINK IT APPLIES TO TO A NUMBER OF THESE. THANK YOU, MR. CAFFERTY, MR. MS. GENTRY, THANK YOU BOTH MS. AND ALSO PARTICULARLY MR. CAFFERTY, I THINK THAT WAS A REALLY IMPORTANT DISTINCTION FOR EVERYONE TO HEAR. AND WOW, THE THE GIFT THAT KEEPS ON GIVING. I, I YEAH, I'M DELIGHTED TO HEAR THAT THE CURRENT ADMINISTRATION IS RETHINKING THIS. AND I HOPE THAT IF NOT ME, THEN SOME OTHER GROUP OF BOARD MEMBERS WILL GET TO HAVE ANOTHER CONVERSATION WITH MS. AND MR. CAFFERTY IN THE NOT TOO DISTANT FUTURE. WE WILL GET TO SEE A BUNCH OF RED LINES THROUGH ALL THIS BLUE TEXT. HAVING SAID THAT, I CERTAINLY WOULD WANT US TO DO WHATEVER WE COULD TO, YOU KNOW, IF WE IF WE NEED TO CREATE THE TWO LANES, IF THAT OPENS UP THE POSSIBILITIES, THEN I THINK WE DO THAT TO WHATEVER DEGREE WE CAN MAKE THE PROCESS MORE HELPFUL FOR PEOPLE I THINK IS GREAT. I HAD TWO QUESTIONS. ONE WAS MR. ZAZIE, YOU MENTIONED THE THE NEW DISTINCTION ABOUT EVERY EMPLOYEE BEING A MANDATED REPORTER. CLARIFICATION. WE DEFINITELY HAVE CONTRACTORS THAT REGULARLY AND ROUTINELY WORK IN OUR BUILDINGS. WHAT IS THE EXPECTATION FOR IT FOR THOSE INDIVIDUALS? WELL, MR. CAFFERTY CAN CORRECT ME IF I'M WRONG, BUT MY UNDERSTANDING IS THAT WE ARE DISCUSSING THE TRAINING REQUIREMENTS FOR OUR ACPS EMPLOYEES. I DON'T KNOW IF YOU WANT TO EXPAND ON THAT, MR. CAFFERTY. AS SOON AS I HAND MYSELF, YES, THAT THESE REQUIREMENTS APPLY REALLY TO EMPLOYEES RATHER THAN RATHER THAN THIRD PARTY, WE CERTAINLY CAN CAN EITHER INSTRUCT OR INCORPORATE IN AGREEMENTS THAT WE HAVE WITH THIRD PARTIES. BUT THE THE FOUR CORNERS OF THESE REGULATIONS REALLY APPLY TO ACPS EMPLOYEES. AND, OF COURSE, MS. ABRUZZESE USE THE TERM MANDATED REPORTER, WHICH IS SOMETHING THAT IS A TERM THAT YOU'RE [00:20:02] FAMILIAR WITH FROM OTHER CONTEXTS AS IT PERTAINS TO CHILD ABUSE AND NEGLECT. REALLY? I THINK THAT'S A THAT'S A SHORTHAND WAY OF SAYING THAT WE NOW WE SCHOOL DIVISIONS ARE NOW CHARGED WITH ACTUAL KNOWLEDGE OF THAT SEXUAL HARASSMENT IS GOING ON WHEN IT COMES TO THE ATTENTION OF ANY EMPLOYEE, ANY EMPLOYEE AND SOME OF YOU. WELL, ACTUALLY, I DON'T GUESS ANY OF YOU ALL WERE ON THE BOARD IN 19 THE LATE 1990S. BUT THEY'RE THE THE THE THE PRE REGULATION LAW USED TO BE THE PRE REGULATION LAW, ESSENTIALLY USED TO BE THAT FOR AT LEAST FOR TITLE NINE LIABILITY PURPOSES IS THE SCHOOL BOARD WAS ONLY CHARGED WITH KNOWLEDGE THAT THAT SOME SEXUAL HARASSMENT WAS GOING ON WHEN IT CAME TO THE ATTENTION OF A SCHOOL EMPLOYEE, ESSENTIALLY WHO WAS IN A POSITION TO DO SOMETHING ABOUT IT. AND SO THERE WAS A CASE IN THE LATE 90S. TRAGICALLY INVOLVING OF ALEXANDRIA CITY PUBLIC SCHOOLS AND AND A STUDENT WHO WAS THE SUBJECT OF SEXUAL HARASSMENT AND MOLESTATION AND CALLED BAYNARD VERSUS MALONE, THAT REITERATES THAT RULE AND ESSENTIALLY SAYS IT'S ONLY IT'S ONLY WHEN IT COMES TO THE ATTENTION, THE HARASSMENT COMES TO THE ATTENTION OF AN EMPLOYEE WHO'S IN A POSITION TO DO SOMETHING ABOUT IT. THERE WAS THE PRINCIPAL THESE THESE NEW REGULATIONS DO WORK AN IMPORTANT CHANGE AND SAY, NO, IT'S WHEN IT COMES TO THE ATTENTION OF ANY EMPLOYEE, SOME MEAGAN MS. EVERS'S HE IS RIGHT. AND THAT THAT, YOU KNOW, WHETHER YOU THINK THAT'S A GOOD CHANGE OR A BAD CHANGE OR A FAIR OR UNFAIR CHANGE, IT'S THE LAW AND IT'S GOING TO BE INCUMBENT UPON ACPS AND OTHER SCHOOL DIVISIONS TO TRAIN EVERY SINGLE EMPLOYEE AND THAT THEY NEED TO REPORT THAT OBLIGATION DOES NOT EXTEND TO THIRD PARTY VENDORS, ALTHOUGH AGAIN, YOU CERTAINLY COULD THROUGH AGREEMENTS IF YOU WANT. OK, THANK YOU. THANK YOU FOR THAT. INCIDENTALLY, DO YOU HAVE ANOTHER QUESTION? OR WAS THAT IT? YOU KNOW, I DID I DID AT ONE POINT. WRONG LIKE THIS ISN'T REALLY SO MUCH, IT'S ACTUALLY CONSIDERING ALL OF THIS EXTRA UNDERSTANDING ABOUT THE REPORTING AND WHERE PEOPLE REPORT AND WHO PEOPLE WERE TO, I THINK THIS POLICY LAYS IT ALL OUT REALLY CLEARLY. BUT FOR EXAMPLE, I'M IMAGINING MS. EVER ZAZIE THAT, AS YOU ALWAYS DO WITH THE POLICIES. YOU'VE BEEN HAVING A LOT OF CONVERSATIONS WITH A LOT OF THE STAFF, BECAUSE I'M IMAGINING THIS IS GOING TO BECOME AN EXCITING PROJECT FOR DR. HOOVER AND HER TEAM ABOUT HOW YOU CREATE THINGS ON THE WEBSITE ABOUT WHERE PEOPLE MIGHT HAVE ACCESS TO THESE KINDS OF FORUMS OR WHO EXACTLY IS THE COMPLIANCE OFFICER OR THOSE KINDS OF THINGS. SO MORE OF AN IMPLEMENTATION OF THE POLICY THAN THAN THE WORDS THAT WE'RE LOOKING AT HERE. BUT IT IS SOMETHING I WAS CURIOUS ABOUT. RIGHT. AND YOU'RE RIGHT. AND I'M ACTUALLY GLAD YOU MENTIONED THAT, BECAUSE ONE DISTINCTION WE DID TRY TO MAKE SOMETHING A BIT DIFFERENT THAN WE'VE DONE IN THE PAST IS ASSIGNING THESE ROLES TO JOB TITLES EFFECTIVELY IN THESE SORTS OF DOCUMENTS INSTEAD OF FINDING AN ACTUAL EMPLOYEE'S NAME WHEN IT COMES TO A POLICY WHICH DOES NOT CHANGE THIS FREQUENTLY. BUT WE ARE REQUIRED TO HAVE THE INDIVIDUAL NAMES AND THEIR CONTACT INFORMATION AND SUCH. ALWAYS UPDATED ON OUR WEBSITE, CLEAR INFORMATION OF WHO THE COMPLIANCE OFFICERS ARE, WHO THE TITLE NINE COORDINATOR IS, HOW YOU CONTACT THEM. I ALSO, AS YOU'LL SEE IN THESE DRAFTS, I PULLED THE FORMS OUT. WE'VE DEVELOPED ONE JOINT FORM. I DON'T REALLY WANT TO KEEP THAT IN THE POLICY ANYMORE BECAUSE, YOU KNOW, FORMS GET UPDATED FREQUENTLY AND SUCH THAT REALLY DOESN'T BELONG IN THERE. SO THAT'S WHY I DIDN'T EVEN PRESENT THAT TONIGHT. BUT THAT WILL BE ON THE WEBSITE. AND OF COURSE, YOU KNOW HOW TO REPORT AND WHERE YOU GO TO MAKE YOUR REPORT AND WHO YOU CAN REPORT TO, OF COURSE, WOULD ALL BE PART OF THE TRAINING. GREAT, THANKS. OK, DO WE HAVE ANY OTHER QUESTIONS FOR THAT PARTICULAR? BUCKET OF POLICY. OK, JENNIFER. OK, MAYBE I SHOULD SAY, OK, JOHN, I THINK YOU'RE FREE. OK, SO WE WILL MOVE ON. WE HAVE JUST A FEW MORE AND THESE ONES ARE LESS EXPENSIVE. [00:25:02] THESE ARE SOME CHANGES, STATUTORY CHANGES THAT ARE IMPORTANT FOR THE BOARD TO LOOK AT NOW AND TO APPROVE PRIOR TO THE START OF NEXT SCHOOL YEAR. THE FIRST ONE IS POLICY B, B, D, WHICH YOU SEE IN FRONT OF YOU HERE, ELECTRONIC PARTICIPATION IN MEETINGS FROM REMOTE LOCATIONS. IF WE LOOK AT THAT POLICY THERE, THERE ARE A FEW CHANGES. BUT THE ONES I REALLY WANT TO POINT OUT AND THESE YOU KNOW, WE'VE BEEN DISCUSSING THESE ISSUES DUE TO THE PANDEMIC MANY TIMES AND THEY WERE FORMALIZED BY THE GENERAL ASSEMBLY. BUT AS YOU KNOW, WHEN WE HAVE A BOARD MEETING AND A QUORUM QUORUM IS PHYSICALLY ASSEMBLED, THE OLD STANDARD WAS THAT IF IT'S NOT FOR A MEDICAL REASON, THEN A BOARD MEMBER CAN PARTICIPATE ELECTRONICALLY TWO TIMES PER YEAR. THAT ELECTRONIC PARTICIPATION CAP HAS BEEN RAISED TO EITHER TWO MEETINGS PER YEAR OR TWENTY FIVE PERCENT OF THE MEETINGS HELD PER CALENDAR YEAR ROUND IT UP TO THE NEXT POLL NUMBER, WHICHEVER IS GREATER. NOW WE ALL KNOW THIS BOARD MEETS FREQUENTLY ENOUGH THAT WE ARE NOT GOING TO BE LOOKING AT THAT TWO TIMES PER YEAR. THE NEW CAP WOULD BE TWENTY FIVE PERCENT OF THE MEETINGS HELD PER CALENDAR YEAR. AND THAT DOES INCLUDE WORK SESSIONS SPECIAL CALLED REGULAR BOARD MEETINGS. THEY ARE ALL PART OF THAT CALCULATION. THEY ARE ALL CONTAINED WITHIN THE LEGAL DEFINITION OF A MEETING. IT DOES NOT HAVE TO BE A REGULAR BOARD MEETING. THE OTHER CHANGE IS TO THERE IS AN EXPANDED MEDICAL WAIVER TO THE GENERAL ELECTRONIC PARTICIPATION CAP. AND AS YOU SEE IN THE OLD LANGUAGE, THIS IS ON PAGE ONE STILL THAT PREVIOUSLY TO TO NOT HAVE TO WORRY ABOUT THAT TWO TIMES A YEAR IF A BOARD MEMBER NEEDED TO PARTICIPATE ELECTRONICALLY WHEN A QUORUM IS PHYSICALLY ASSEMBLED, IF IT WAS FOR A HEALTH REASON, A HEALTH REASON OF THE BOARD MEMBER, THEN THAT WAS NOT PART OF THAT TWO TIMES PER YEAR CALCULATION. THAT WAIVER HAS NOW BEEN EXPANDED. AND YOU SEE THERE UNDER SECTION TWO, A ONE A THAT IT USED TO ONLY RELATE TO A MEDICAL CONDITION OR DISABILITY OF THE BOARD MEMBER. BUT NOW IT CAN ALSO BE A MEDICAL CONDITION OF A FAMILY MEMBER OF THE BOARD MEMBER AND THAT THE BOARD MEMBER MUST BE THERE TO PROVIDE CARE FOR THAT FAMILY MEMBER. AND THAT IS WHAT IS PREVENTING THE BOARD MEMBERS ATTENDANCE, PHYSICAL ATTENDANCE AT THE MEETING. SO YOU JUST SEE THAT THAT EXEMPTION THERE, THAT WAIVER IS HAS BEEN EXPANDED ON PAGE TWO. THE OTHER MAIN CHANGE TO THIS POLICY IS TALKING ABOUT HOLDING MEETINGS LIKE TONIGHT WHEN A QUORUM IS NOT PHYSICALLY ASSEMBLED. AND THIS IS LARGELY DUE TO THE LESSONS LEARNED OF LOCAL GOVERNMENTS NEEDING TO CONTINUE THEIR OPERATIONS DURING THE PANDEMIC. THE PURPOSE OF THE MEETING TO BE HELD ELECTRONICALLY, THE YOU KNOW, THE PURPOSE HAS BEEN EXPANDED. SO THE AUTHORIZED PURPOSES HAVE BEEN EXPANDED AS WE HAD UNDER THE BUDGET AMENDMENTS THIS PAST YEAR. BUT NOW THE GENERAL ASSEMBLY HAS ACTUALLY ACTED ON IT. AND SO THE PURPOSE OF THE MEETING IS NO LONGER LIMITED, AT LEAST LEGISLATIVELY, NO LONGER LIMITED TO ADDRESSING THE STATE OF EMERGENCY THAT HAS BEEN DECLARED. BUT ALSO THE PURPOSE OF THE MEETING IS TO PROVIDE FOR CONTINUITY OF OPERATIONS AND FOR THE BOARD TO DISCHARGE ALL OF ITS LAWFUL PURPOSES, DUTIES AND RESPONSIBILITIES. SO THIS IS THE LANGUAGE WE HAVE BEEN OPERATING UNDER UNDER TEMPORARY AUTHORITY AND NOW IT HAS BEEN CODIFIED. SO THOSE ARE THE CHANGES TO THAT POLICY AND THOSE BECOME EFFECTIVE JULY ONE. THE NEXT POLICY IS THE GAO SMALL PURCHASING, THIS CAME TO OUR ATTENTION JUST RECENTLY BECAUSE THIS POLICY ACTUALLY CAME TO YOU, I BELIEVE IT WAS LAST FEBRUARY OR JANUARY OR FEBRUARY, THERE WAS A STATUTORY CHANGE THAT RAISED THE SMALL PURCHASING CAP FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS. AND WE'RE TALKING ABOUT MAKING PROCUREMENTS WHICH DO NOT REQUIRE COMPETITION. YOU JUST HAVE TO STAFF MEMBERS WOULD NEED TO OBTAIN EITHER A SINGLE QUOTE OR MULTIPLE QUOTES, DEPENDING ON THE DIFFERENT THRESHOLD LEVELS OF THE AMOUNT OF THE PURCHASE. BUT THE STATUTORY CAP WAS RAISED TO TWO HUNDRED THOUSAND DOLLARS TO QUALIFY AS A SMALL PURCHASE. AND THAT CHANGE WAS BROUGHT TO THE BOARD AT THE BEGINNING OF THIS YEAR. HOWEVER, WHAT WE DID NOT REALIZE IS THAT ALTHOUGH THE CHANGE WAS MADE IN THE POLICY, THERE WERE ALSO SOME INTERNAL THRESHOLDS WITHIN OUR OWN PROCUREMENT MANUAL THAT WE WERE NOT AWARE THAT THEY WERE NOT ALIGNED WITH THE POLICY LANGUAGE. AND WE NEED TO MAKE SURE THAT OUR POLICY IS ACTUALLY ALIGNED WITH WHAT'S IN OUR PROCUREMENT MANUAL AND THE ACTUAL PRACTICES THAT OUR PROCUREMENT DEPARTMENT IS FOLLOWING. SO THE PRACTICE THAT IS ACTUALLY FOLLOWED WITHIN ACPS IS THAT FOR PURCHASES UP TO TEN [00:30:05] THOUSAND DOLLARS, YOU ONLY NEED A WRITTEN QUOTE FROM ONE VENDOR. THE OLD LANGUAGE WAS STILL THERE. YOU KNOW, THE REASON IT HAD GONE UP FROM ONE HUNDRED THOUSAND TWO HUNDRED THOUSAND IS TIME AND INFLATION AND EVERYTHING. AND THOSE INTERNAL THRESHOLDS HAVE MOVED UP WITH THAT. BUT THE POLICY LANGUAGE HAD NOT CAUGHT UP. SO THIS IS THIS IS AN INTERNAL ALIGNMENT ISSUE ON THIS POLICY. THE NEXT ONE IS ISD SCHOOL YEAR. SCHOOL DAY. COUPLE CHANGES HERE, THE MAIN REASON TO BRING THIS TO YOU NOW IS, AS YOU ALL ARE AWARE, THIS WILL BE THE FIRST FALL WHERE WE ARE OPENING BEFORE LABOR DAY AND OUR POLICY STILL HAD THE OUTDATED LANGUAGE PROHIBITING US FROM OPENING BEFORE LABOR DAY. AND SO WE OBVIOUSLY NEED TO ALIGN THAT WITH THE NEW STATE LAW SO THAT ARE SO THAT WE ARE IN COMPLIANCE. AND THERE IS ALSO SOME SOME STATUTORY CHANGES JUST SORT OF LAYING OUT THE RULES FOR DETERMINING MAKE-UP DAYS DUE TO WEATHER OR EMERGENCIES. AS I SAID, WHAT THE RULES ARE REGARDING STARTING BEFORE LABOR DAY. AND WE'VE PUT THE SIMPLIFIED LANGUAGE IN HERE JUST TO SAY THAT WE WILL OPEN IN ACCORDANCE WITH STATE LAWS THAT OF PUTTING IN ALL OF THE DETAILS, FOR INSTANCE, THAT WE'RE NOT ALLOWED TO START MORE THAN 14 DAYS PRIOR TO LABOR DAY AND THAT WE MUST HAVE SCHOOLS CLOSED THE FRIDAY BEFORE LABOR DAY THROUGH LABOR DAY ITSELF. WE DON'T NEED ALL OF THOSE DETAILS AND THOSE COULD CHANGE OVER TIME. SO WE JUST PUT LANGUAGE IN SAYING THAT WE OPEN IN ACCORDANCE WITH STATE LAW. THAT'S MUCH SIMPLER. AND THOSE ARE THE MAIN CHANGES IN THAT POLICY. AND SO WE'RE JUST WE'RE JUST CATCHING UP WITH THE STATUTORY CHANGES THERE PRIOR TO OUR FIRST EARLY START. AND THEN FINALLY, OUR LAST POLICY IS LBB HOME INSTRUCTION. THERE IS ONE CHANGE TO THIS POLICY. THIS IS REALLY ABOUT OUR HOME SCHOOLED STUDENTS AND THAT IS ON THE FINAL PAGE OF THE POLICY. THERE IS A NEW FEDERAL STATUTORY AMENDMENT THAT HOMESCHOOLED STUDENTS MAY NOW PARTICIPATE IN JROTC. IT IS NOT AT OUR DISCRETION. THEY HAVE A RIGHT TO PARTICIPATE. IF THEIR LOCAL SECONDARY SCHOOL HAS THAT PROGRAM, THEY MAY PARTICIPATE. AND SO I HAVE COMMUNICATED WITH COLONEL GEARY AND THE TEAM OVER AT TASB, AND THEY ARE AWARE OF THE CHANGE AND THEY ARE WORKING WITH THEIR MILITARY DEPARTMENTS THAT HAVE OVERSIGHT OF IT. AND SO WE WANT TO MAKE SURE WE HAVE THIS CHANGE ON THE BOOKS IN CASE WE DO HAVE ANY HOMESCHOOLED STUDENTS WHO WOULD LIKE TO TAKE ADVANTAGE OF THIS NEW OPPORTUNITY COME THE FALL. AND THAT IS THE FINAL OF THOSE ADDITIONAL POLICIES, IF YOU HAVE ANY QUESTIONS. OK. AHEAD, MS. GENTRY WITH THE QUESTION. THANKS, SORRY, IT'S ME AGAIN. TWO QUESTIONS ON TWO DIFFERENT POLICIES. SO THE FIRST ONE'S THE BAD POLICY, THE ONE ON THE ELECTRONIC PARTICIPATION. YES. SO WHEN I LOOK AT THIS ONE, IT'S VERY IT SEEMS THE LANGUAGE IS VERY SPECIFIC ABOUT THE SCHOOL BOARD. I KNOW ONE THING THAT CAME UP AT LEAST IN MY ADVISORY COMMITTEE MEETINGS, PERHAPS IT CAME UP WITH SOME OF MY FELLOW MEMBERS AND SOME OF THE OTHER ADVISORY COMMITTEE MEETINGS THAT THERE WAS SOME REAL INTEREST IN. COULD THERE BE, YOU KNOW, OPPORTUNITIES FOR ELECTRONIC PARTICIPATION, FOR ADVISORY COMMITTEE MEMBERS? AND IT'S SOMETHING THAT THAT I PERSONALLY THINK WOULD WOULD BE REALLY, REALLY WONDERFUL, QUITE FRANKLY, FROM AN EQUITY STANDPOINT AND FROM A RECRUITMENT STANDPOINT. I THINK IT'S REALLY IMPORTANT. I THINK, YOU KNOW, THE EXPECTATION OF PHYSICAL PRESENCE CAN BE A REAL BARRIER POTENTIALLY TO SOME MEMBERS OF OUR COMMUNITY THAT MIGHT WANT TO PARTICIPATE IN THESE ADVISORY COMMITTEES. SO I GUESS I WAS JUST WONDERING WHAT KIND OF RULES OR EXPECTATIONS ARE WE OBLIGED, OBLIGED TO TO TO FOLLOW FOR ADVISORY, FOR SCHOOL BOARD ADVISORY COMMITTEES WITH, YOU KNOW, HAS THERE BEEN AS A RESULT OF THE CHANGES THAT WERE MADE AT THE STATE LEVEL? SO THANK YOU. THAT IS AN EXCELLENT QUESTION. SO TWO POINTS I WANT TO MAKE ON THAT. SO FIRST OF ALL, THE GENERAL RULE IS THAT THE ADVISORY COMMITTEES ARE, FOR THESE PURPOSES, ESSENTIALLY CONSIDERED EXTENSIONS OF THE BOARD. AND SO THEY WOULD FOLLOW THE SAME RULES. BUT WHAT I WANT TO HIGHLIGHT IS JUST REMEMBER THAT WHEN A QUORUM, A QUORUM REALLY MUST BE PHYSICALLY ASSEMBLED, BECAUSE REMEMBER THE EXCEPTIONS AND THE ALLOWANCE TO HOLD MEETINGS WHEN A QUORUM IS NOT PHYSICALLY ASSEMBLED ARE DUE TO THERE BEING A DECLARED A STATE OF EMERGENCY. AND AS WE ALL KNOW, THE DECLARED A STATE OF EMERGENCY WE ARE UNDER IS NOT [00:35:06] GOING TO LAST FOREVER. SO I THINK GOING INTO THE FALL AND THINKING ABOUT WHEN OUR COMMITTEES ARE MEETING AGAIN, WE NEED TO ALL BE EXPECTING THAT WE WILL NOT BE OPERATING UNDER THOSE SAME CONDITIONS. AND SO THAT IS THE BASIC REQUIREMENT THERE. SO WE'RE PROBABLY NOT LOOKING AT COMMITTEES MEETING ENTIRELY, VIRTUALLY. YOU WOULD STILL HAVE TO HAVE A QUORUM PHYSICALLY ASSEMBLED. HOWEVER, THEN THESE ALLOWANCES FOR PARTICULAR MEMBERS FEWER THAN A QUORUM TO PARTICIPATE ELECTRONICALLY, THEN THESE RULES WOULD APPLY FOR THE COMMITTEE MEMBERS AS WELL. SO I AGREE WITH YOU THAT THIS IS DEFINITELY COULD HELP PARTICIPATION FOR COMMITTEE MEMBERS AS WELL. OF COURSE. BUT I MUST SAY ONE ONE JUST A LITTLE CAVEAT IS, IS JUST TO REMEMBER THAT THE COMMITTEES DO NOT MEET AS FREQUENTLY AS THE BOARD. SO YOU COULD DEFINITELY END UP WITH COMMITTEES WHERE THEIR CAP IS STILL GOING TO END UP BEING TWO MEETINGS PER YEAR, WHERE SOMEONE MAY BE PARTICIPATING ELECTRONICALLY IF THE COMMITTEE DOESN'T MEET THAT FREQUENTLY. UNDERSTOOD. YEAH, THEY WOULD DEFINITELY HAVE TO HAVE AN UNDERSTANDING OF THOSE. BUT IS THERE IS IT NECESSARY FOR US TO INCLUDE A SENTENCE IN THIS, YOU KNOW, ALLUDING TO THE ADVISORY COMMITTEES? OR ARE WE COVERED OR ARE WE COVERED? BECAUSE IT'S IT'S JUST AN EXTENSION OF THE SCHOOL BOARD. I GUESS THAT WAS MY IN ORDER IN ORDER FOR THEM TO DO THIS STARTING IN THE FALL. IS THERE ANYTHING THAT WE WOULD NEED TO CHANGE LANGUAGE WISE IN THIS DOCUMENT? OR ARE WE ARE WE GOING TO GO? BUT THERE IS NOT A REQUIRED CHANGE, BUT WE COULD DEFINITELY ADD IT PRIOR TO IT. COMING BACK TO YOU ALL FOR APPROVAL. THAT'S EASILY, EASILY DONE FOR CLARIFICATION. GREAT. OK, THANKS. AND THEN MAYBE WE CAN ALL TALK ABOUT THE BEST WAYS TO COMMUNICATE THAT CLEARLY TO TO THE DIFFERENT COMMITTEE MEMBERS. THAT'S THAT'S GREAT. SO MY MY MY OTHER QUESTION WAS ON POLICY ISD THE SCHOOL YEAR, SCHOOL DAY ONE. YES, SO. WHEN I'M LOOKING AT THE THE FIRST PARAGRAPH. SO I GUESS WE'RE KEEPING IT BECAUSE IT'S EXACTLY WHAT THE CODE OF VIRGINIA SAYS, BUT I'M LOOKING AT THE IN THE PARENTHESES THE FIVE HUNDRED AND FORTY HOURS. I'M ASSUMING THAT'S BECAUSE TECHNICALLY THE STATE STILL ALLOWS WHAT IS USUALLY REFERRED TO AS HALF DAY KINDERGARTEN, DESPITE THE FACT THAT WE HAVE NOT DONE HALF DAY KINDERGARTEN FOR A LONG TIME. IS THAT IS THAT WHEN I'M. IS THAT WHAT I'M LOOKING AT THERE OR. OZZY, SO THAT REFERENCE IS FROM VIRGINIA, CODE TWENTY TWO POINT ONE, DASH SEVENTY NINE POINT ONE, WHICH STILL ALLOWS FIVE HUNDRED AND FORTY HOURS MS.. I JUST I JUST WANT TO SAY THAT'S AMAZING THAT YOU JUST RATTLED OFF THE EXACT NUMBER. SO I'M SORRY, I DIDN'T MEAN TO CUT YOU OFF, BUT THAT WAS THAT IS SO GOOD. SO PLEASE, PLEASE START AGAIN. NO, NO, THAT'S OK. I WAS JUST GOING TO SAY THAT PROVISION DOES STILL INCLUDE THE REFERENCE TO FIVE HUNDRED AND FORTY INSTRUCTIONAL HOURS. I MEAN, RIGHT BEFORE THAT PARENTHETICAL THERE YOU SEE WE CALL IT TEACHING HOURS, BUT THEY'RE TALKING ABOUT INSTRUCTIONAL HOURS FOR KINDERGARTEN THERE. THAT SECTION OF THE CODE DOES STILL INCLUDE THAT REFERENCE. OF COURSE, THERE ARE OTHER SECTIONS OF THE CODE THAT SAY THAT FOR ALL OF ELEMENTARY YOU SEE IN THE NEXT PARAGRAPH, SIX HUNDRED NINETY, OF COURSE, THAT EXCLUDES MEAL TIMES AND RECESS TIMES. AND THEN WE'RE ALSO TALKING ABOUT WE ALL REMEMBER IN ISOLATOR IN THIS POLICY A COUPLE OF YEARS AGO, THE CHANGE THAT UP TO 15 PERCENT OF INSTRUCTIONAL TIME COULD ACTUALLY BE RECESSED. SO YOU'RE RIGHT THAT THE LANGUAGE WE HAVE IN HERE IS STRAIGHT FROM THE STATUTE. I DO STILL SEE THAT MR. CAFFERTY IS ON THE LINE. HE MIGHT BE ABLE TO LEND SOME MORE TEXTURE TO THIS CONVERSATION. I DON'T KNOW. I'M HAPPY TO TO ALSO DEFER TO HIM. I AM ON THE LINE, BUT I'M NOT SURE I CAN ADD ANYTHING AS TO AS TO THIS BEYOND JENNIFER, WHAT YOU'VE ALREADY SAID, WHICH IS IT'S A IT'S A FLAW ESTABLISHED BY THE STATUTE. I GUESS MY QUESTION IS THERE OR NOT. YEAH, THAT'S MY I MEAN, I GUESS YOU JUST JENNIFER MENTIONED A LOT OF OTHER FLAWS AND VARIOUS OTHER THINGS AND I'M NOT SURE. DO WE NEED TO LIST I'M SORRY THAT THE KINDERGARTEN POINT, THE PARENT ARTICLE ABOUT KINDERGARTEN JUST KIND OF SEEMED TO LEAP OUT AT ME. AND I GUESS I EITHER PUT THEM ALL IN OR OR DON'T PUT THAT ONE IN, I GUESS, IS MY REACTION TO THAT. BUT I DON'T KNOW IF YOU HAVE ANY IF YOU HAVE A REACTION TO THAT. MS. ABRUZZESE. RIGHT. AND AND, YOU KNOW, I DEFER TO THE BOARD ON THIS. [00:40:02] I WILL SAY THE VA MODEL POLICY HAS REMOVED THAT. THE VA MODEL POLICY DISCUSSES JUST IF YOU LOOK AT THE THIRD PARAGRAPH, THEY'RE JUST DISCUSSING THAT ALL ELEMENTARY STUDENTS HAVE A MINIMUM OF SIX HUNDRED AND NINETY HOURS OF INSTRUCTIONAL TIME. SO THAT WOULD BE K THROUGH FIVE FOR US. BUT AGAIN, THIS THIS IS TECHNICALLY ACCURATE, BUT I DEFER TO THE BOARD KNOW THIS IS SO I GUESS I'LL TAKE YOUR INPUT. YEAH. YEAH. MY REACTION TO MY FELLOW BOARD MEMBERS IS I THINK THE THE THE THE THIRD PARAGRAPH BETTER REFLECTS WHAT WE'RE DOING. I FEEL LIKE LEAVING THE FIVE HUNDRED FORTY MIGHT MIGHT SEND A CONFUSED MESSAGE TO MEMBERS OF THE ALEXANDRIA COMMUNITY THAT THAT IS WHAT WE'RE WE'RE OFFERING FOR KINDERGARTEN WHEN IT IS NOT IN FACT WHAT WE'RE OFFERING FOR KINDERGARTEN. SO SO THAT WOULD BE MY SUGGESTION IS TO IS TO REMOVE THAT THAT THAT PARTICULAR PARENTHETICAL PHRASE. HAPPY TO, HAPPY TO. MR. SUAREZ. YES, THANKS, MADAM CHAIR, I JUST HAD ALSO MS. GENTRY QUESTION ON THE BOARD POLICY MADE ME THINK OF A QUESTION ABOUT THAT POLICY AS WELL. AND I'M CURIOUS TO MR. CAFFERTY PERSPECTIVE AS WELL ON THIS, PARTICULARLY THE PART ABOUT A PERSONAL MATTER. TWENTY FIVE PERCENT OF THE MEETINGS HELD DURING THE CALENDAR YEAR. I'M JUST WORRIED THAT THERE MIGHT BE SOME WORKABILITY CHALLENGES WITH THIS RULE. AND IN THIS IN THE SENSE OF IN THIS POLICY, WE'RE DEFINING BEATING AS ANY GATHERING OF THREE OR MORE MEMBERS OF THE SCHOOL BOARD. AND THAT'S A VERY SORT OF LIKE DYNAMIC. NO, I MEAN, WE HAVE A SET NUMBER OF MEETINGS, SCHOOL BOARD MEETINGS AT THE BEGINNING OF THE YEAR, BUT THEN CLOSE, CLOSED MEETINGS COME UP, SPECIAL MEETINGS COME UP, SPECIAL WORK SESSIONS COME UP, THINGS THAT WEREN'T ANTICIPATED. AND SO I FEEL LIKE THAT SORT OF TWENTY FIVE PERCENT CAP IS GOING TO BE THIS SORT OF MOVING. NO. SO I'M JUST FRANKLY SURPRISED THE LEGISLATURE USED TWENTY FIVE PERCENT. I JUST THINK IT CREATES A LOT OF WORKABILITY ISSUES AT. AND SO I GUESS I'M JUST WONDERING MAYBE SO THAT'S ONE ISSUE. AND THEN THE OTHER ISSUE I'M WONDERING ABOUT IS BECAUSE, YOU KNOW, AS MS. ABRUZZESE ALLUDED TO, THERE'S ALL THESE OTHER DIFFERENT COMMITTEES, RIGHT? THERE'S LIKE THE CSA COMMITTEE, TAGAQ COMMITTEE AND SO FORTH. AND I'M ASSUMING WE HAVE TO TREAT ALL OF THOSE AS SEPARATE ENTITIES. SO THAT'S ANOTHER ISSUE. AND I'M THINKING ALSO ABOUT THE ISSUE OF I KNOW FOR FAURIA PURPOSES WE WILL ADVERTISE ANY TIME OR THE TWO BOARD MEMBERS ARE GOING TO BE AT A PUBLIC EVENT. AND THE WAY THIS MEETING DEFINITION READS, I COULD READ IT TO INCLUDE ANY GATHERING, THREE OR MORE BOARD MEMBERS. I GUESS IT SAYS PUBLIC BUSINESS IS DISCUSSED. MAYBE THAT WOULD ELIMINATE SOME OF THOSE THINGS. BUT ANYWAY, I JUST I'M JUST WONDERING IF WE CAN HAVE SOME PERSPECTIVE ON HOW BOARDS ARE TIGHTENING UP THESE NEW RULES, BECAUSE. TWENTY FIVE PERCENT, IT SEEMS TO CREATE A LOT OF CHALLENGES. AND LIKE, HOW DO BOARD MEMBERS KNOW THE EXPECTATION OF WHAT'S THE CAP OF MEETINGS AND THINGS LIKE THAT? SO, YOU KNOW, IF IF I COULD JUST OFFER IN FACT, I TEXTED JENNIFER IN RESPONSE TO MS. GENTRY QUESTION ABOUT THIS POLICY JUST A MOMENT AGO, BECAUSE I HAD GOTTEN THAT EXACT SAME QUESTION FROM ANOTHER JURISDICTION LOCATED VERY NEAR TO YOU. ALL THAT ALSO BEGINS WITH AN A. THAT HAS SOME OF THE SAME CONCERNS AS I'M SURE IS THE CASE ELSEWHERE, PARTICULARLY WITH PARTICULARLY WITH COMMITTEES WHERE IT'S HARD TO GET PARTICIPATION. AND THE VIRTUAL FORMAT HAS REALLY BEEN VERY HELPFUL IN THAT REGARD. THAT'S A GREAT POINT. IT IS. REALLY HAS. I KNOW THAT. AND ACTUALLY, I MEAN, THERE'S A VRBA CONFERENCE TOMORROW MORNING THAT I'LL BE SPEAKING AT. AND THE OTHER LEGISLATIVE I KNOW THAT THERE'S A THERE'S A NUMBER OF SCHOOL DIVISIONS HAVE AS A PART OF THEIR LEGISLATIVE PACKAGE FOR THE COMING YEAR TO TRY AND MAYBE OTHER PUBLIC ENTITIES TO TO TRY TO EXPAND IN SOME REASONABLE WAY, A VIRTUAL MEETING, THE ABILITY FOR PEOPLE TO PARTICIPATE ELECTRONICALLY FOR EXACTLY THESE REASONS. THERE'S GOT TO BE SOME INTERMEDIATE I MEAN, ESSENTIALLY, AS JENNIFER SAID, WE'RE GOING TO [00:45:01] BE GOING BACK TO THIS IS THIS THIS WHAT YOU HAVE HERE IS JUST KIND OF A LEGISLATIVE TWEAK. BUT AFTER JUNE 30TH, YOU'RE GOING TO BE ASSUMING THAT THE STATE OF EMERGENCY DOESN'T CONTINUE. YOU'RE GOING TO BE BACK TO BASICALLY WHERE YOU WERE BEFORE. AND I THINK THERE'S A LOT OF IMPETUS FROM A LOT OF QUARTERS TO TO MAKE SOME FURTHER CHANGES IN THE NEXT GENERAL ASSEMBLY, OTHERWISE, TECHNICALLY SPEAKING. COMMITTEES ARE HELD TO THE SAME REQUIREMENTS THAT YOU ARE, AND HONESTLY, IT'S AN INTERESTING POINT, I NEVER REALLY THOUGHT ABOUT IT. TWENTY FIVE PERCENT HAS BEEN AND THEY'VE BEEN IN THE LAW FOR A WHILE. USUALLY PRE PANDEMIC BOARDS AND OTHER PUBLIC BODIES HAVE NEVER COME CLOSE TO IT OF HAVING PEOPLE PARTICIPATE. TWENTY FIVE PERCENT OF THE MEETINGS. BUT IT'D BE TO BE SORT OF REMARKABLE TO NOT KNOW UNTIL THE END OF THE YEAR WHETHER YOU PARTICIPATED IN MORE THAN TWENTY FIVE PERCENT OF THE MEETINGS. BUT I MEAN, YOU'RE RIGHT THAT THAT CERTAINLY COULD HAPPEN. WELL, AND I GUESS PART OF THE QUESTION, TOO, IS, IS IT WORTHWHILE HAVING A NOTE IN THE POLICY OR AT LEAST SOMETHING IN THE SORT OF ONBOARDING PROCESS FOR BOARD MEMBERS THAT THIS MEANS APPROXIMATELY THIS IS THE CAP, JUST SO YOU UNDERSTAND SOMETHING LIKE THAT, BECAUSE OTHERWISE I JUST SEE A BIT OF AN AMBIGUITY BEFORE IT WAS TO WAS VERY CLEAR, YOU KNOW, IT WAS PRETTY STRICT, BUT IT'S TOO SO. MS. IS ALSO PROBABLY A GOOD OPPORTUNITY TO MAYBE INCLUDE SOME SORT OF DISCUSSION OF THIS IN THE BOARD'S OPERATING PROCEDURES THE NEXT TIME THE BOARD REVIEWS ITS OPERATING PROCEDURES. AND AS LONG AS YOU ASK THE QUESTION ON THIS POLICY, MR. SUAREZ, IT REMINDED ME THAT I HAD ONE OTHER COMMENT I HAD INTENDED TO MAKE ON THE POLICY, AND THAT IS ON THE LAST PAGE OF THE POLICY. THERE IS NOW A PROVISION THAT ESSENTIALLY SAYS WHEN YOU DO HAVE A STATE OF EMERGENCY AND WHEN YOU ARE HOLDING YOUR MEETINGS ELECTRONICALLY, YOU KNOW, WE'VE HAD A LOT OF QUESTIONS ABOUT WHICH OF THE MEETINGS DO WE NEED TO ALLOW PUBLIC COMMENT AT WORK SESSION SPECIAL CALLED REGULAR MEETINGS. BUT IT IS NOW STATED HERE THAT YOU NEED TO PROVIDE THE OPPORTUNITY FOR PUBLIC COMMENT AT MEETINGS WHERE YOU TYPICALLY HAVE BEFORE. SO IT WOULD NOT MEAN THAT WE WOULD HAVE TO PROVIDE PUBLIC COMMENT AT WORK SESSIONS OR SPECIAL CODES WHEN THEY ARE HELD ELECTRONICALLY UNDER A STATE OF EMERGENCY. SO JUST WANTED TO CLARIFY THAT THAT PROVISION WAS INCLUDED AS WELL, AND THAT WE'VE HAD THAT QUESTION ABOUT THE CITY COUNCIL, SCHOOL BOARD SUBCOMMITTEE MEETINGS. SO THOSE HAVE TO HAVE PUBLIC COMMENT BECAUSE THEY'RE BEING HELD ELECTRONICALLY. SO JUST WANTED TO POINT OUT THAT NO DISTINCTION. THANK YOU. OK, MS. ANDERSON. YOU KNOW, I THINK THAT WAS INTERESTING THAT MR. SUAREZ AND ABOUT THE NUMBER, IT SEEMS TO ME THAT THE PEOPLE FIRST OF ALL, I THINK THE BOARD, IF YOU GET CLOSE TO THE TWENTY FIVE, THERE'S PROBABLY AN ISSUE. AND I THINK TO MS. ABUSES POINT ABOUT PUTTING IN OUR STANDARD OPERATING PROCEDURES, BECAUSE I THINK IT NEEDS TO BE CLEAR THAT THE EXPECTATION IS THAT PEOPLE ARE THERE, YOU KNOW, IN PERSON WHEN, WHEN, UNLESS THERE'S SOME ISSUE THAT PREVENTS IT. SO I THINK THAT IS PROBABLY WHERE THE IN THE OPERATING PROCEDURES. BUT I THINK IT MAY BE THAT WE WANT TO BASE ANYTHING OFF WITH A REGULARLY SCHEDULED ONES. I MEAN, BECAUSE YOU COULD END UP BEING IN THE HOLE AND NOT KNOW IT BECAUSE OF BAD WEATHER COMES TOWARD THE END OF THE YEAR AND SOMETHING GETS CANCELED. I MEAN, I DON'T KNOW WHAT THE WHAT THE PENALTY IS FOR EXCEEDING THE TWENTY FIVE PERCENT. I GUESS THAT'S A QUESTION. I MEAN, IT'S JUST BAD ON YOU. I DON'T KNOW. BUT I THINK IN TERMS OF OF SCHOOL BOARD MEETINGS AND SCHOOL BOARD MEMBERS, IF IF YOU'RE CERTAINLY PLANNING TO TO REPEAT, YOU'RE NOT GOING TO END UP WITH MORE THAN TWENTY FIVE PERCENT ABSENCES. BUT I THINK IT IS SOMETHING THAT PROBABLY WOULD GO IN THE STANDARD THE OPERATING THE BOARD OPERATING PROCEDURES. OK, THANK YOU. HAVE NOT SEEING ANY OTHER QUESTIONS OR OPINIONS. SO, JENNIFER, WHEN DO WE EXPECT THESE FORCES TO COME BACK TO US AGAIN? THEY WILL COME BACK TO THE BOARD ON JUNE 17TH. OK. RIGHT. WELL, THAT IS ALL SHE WROTE, SO THANK LITERALLY JENNIFER, SO [00:50:03] THANK YOU, JENNIFER, FOR YOUR WORK ON THIS. AND WE'LL SEE YOU AGAIN ON JUNE 17. THANK YOU, JOHN, FOR JOINING US. THANK YOU, TEAM, FOR STICKING IT OUT FOR THE EVENING. AND WE ARE DONE, YOU KNOW, SEE EVERYONE SOON. * This transcript was compiled from uncorrected Closed Captioning.