Executive Session Minutes of January 24, 2011 were approved by the Board without correction.

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1 The following minutes do not include all materials and data that are important to these minutes. Minutes can be viewed in the Official Minute Book located at the Ryan Administration Building, 1331 Lower Ferry Road, Ewing, NJ Monday, February 28, 2011 A public meeting of the Ewing Township Board of Education was called to order by, Board President, at 7:00 pm in the Antheil Elementary School Auditorium on the above-mentioned date. read the following statement: The New Jersey Open Public Meetings Law was enacted to ensure the right of the public to have advance notice of and to attend the meetings of public bodies at which any business affecting their interests is discussed or acted upon. In accordance with the provisions of this Act, the Ewing Township Board of Education has caused notice of this meeting to be given by having the date, time and place thereof posted with the Clerk of the Municipality; advertised in The Times newspaper on May 13, 2010 and posted on the Administration Building bulletin board. On roll call, the following members were present: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Member Absent: Mr. Gummel Also Present: Mr. Nitti, Dr. Ishibashi, Mr. Falkowski and Mr. Belz, Board Attorney. Executive Session Minutes of January 24, 2011 were approved by the Board without correction. On motion by Mr. Bradley, seconded by Dr. Palmer, the Board approved the following resolution: RESOLVED, that the Ewing Township Board of Education shall meet in Executive Session on February 28, 2011 for the purpose of discussing Personnel, Legal, Residency and Discipline. FURTHER RESOLVED, that the discussion of such subject matter in Executive Session will be disclosed to the public when the matter has been resolved, unless such is otherwise prohibited by law. The items discussed were: Terminations, Appointments, Appointments Additional Work, Change in Appointment/Assignment, Leaves of Absence, Tuition Reimbursement Request, Tuition Reimbursement Coursework Completed, Payment for Unused Sick Days Upon Retirement, Sick Leave Extension, and Teaching Assignments, Resolution for Emergent Hiring. Also to be discussed will be Legal, Residency and Discipline. The above motion was unanimously approved by voice vote. The Board went into Executive Session at 7:05 pm. The Board returned to Public Session at 8:10 pm. led the Board and public in the salute to the flag. On second roll call at 8:15 pm the following members were present: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Member Absent: Also Present: Mr. Gummel Mr. Nitti, Dr. Ishibashi, Mr. Falkowski and Mr. Belz, Board Attorney. On motion by Mr. White, seconded by Mr. Mack, the Board approved the Minutes of the January 24, and February 7, 2011 meetings with no corrections.

2 Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and STUDENT REPRESENTATIVE Student Representative Kenneth Arlt, gave a brief update to the Board. This included comments on testing, the upcoming senior class trip and the student musical production, As You Like It. SUPERINTENDENT S REPORT An update on Antheil Elementary School was given by Principal Joan Zuckerman. A preliminary budget presentation was made by Superintendent Michael Nitti and School Business Administrator Brian S. Falkowski. COMMUNICATIONS Communications from parents were received and shared with the Board regarding traffic conditions at Ewing High School. COMMENTS Comments from members of the Board, public and staff on Agenda items only were requested and received at this time. The following Board members each made comments regarding the Budget Presentation: Mrs. McKeon, Mr. Bradley, Dr. Palmer, Mr. White, Mrs. Staub and Mr. Savage. Mr. Michael Ford a question regarding solar energy and also made comments regarding the budget. Mr./Ms. Jenkins commented on Trenton Charter Schools, the impact of FY2011 cuts and Ewing s debt refinancing. Another resident commented on solar energy as well as the new attendance/tardy policy at the High School. Can these things be back-packed, Instant Alert or on our web site PRIOR to Board approval. Mr. Mark Fetter commented on signage. Another parent commented that they are not getting policy information changes in a timely manner and also commented on energy savings. Mr. Kevin Ewell would like to see more advancements, not just maintenance of programs. RECOMMENDATIONS OF THE SUPERINTENDENT FINANCE/OPERATIONS On motion by Mr. Savage, seconded by Mr. Mack, the Board approved the following Finance/Operations items: 101 Report of the Board Secretary December Report of the Treasurer December

3 103 Check List February Transfers for February Resolution Board of Education s Monthly Certification of Budgetary Major Account/Fund Status December No Child Left Behind (NCLB) School Improvement Fund for Parkway Elementary School 107 New 457f Vendor AXA Equitable 108 Bid Acceptance for Fisher Middle School s Auditorium Renovation Tekton Development 109 Toilet Facilities for Early Intervention, Pre-Kindergarten and Kindergarten Classrooms Antheil Elementary School 110 Bid Acceptance for Fisher Middle School s Auditorium Asbestos Abatement and Disposal 111 New 403b Vendor TIAA-CREF 112 Preliminary Budget Approval ( ) 113 New Quoted Route FM-21 The above Finance/Operations motions were approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Ms. Benedetti The above Action Item attachments are included in the official Minutes book. EDUCATION On motion by Dr. Palmer, seconded by Mrs. McKeon, the Board approved the following Education items: 201 Pupil Placement 202 Approval of Conferences and Workshops 203 Approval of Field Trips 204 Approval of Curriculum Guide 205 Approval of School Year Calendar 206 Approval to Participate in Doodle 4 Google Contest The above Education items were approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Ms. Benedetti The above Action Item attachments are included in the official Minutes book. PERSONNEL On motion by Mr. Savage, seconded by Mr. Bradley, the Board approved the following Personnel Items: The Superintendent makes the following recommendations: Provisional employment granted pending a favorable State Department of Education Criminal History Background Review, P.L. 1986, C.116. (This is for your information and should not be read in public.) 3

4 301 PERSONNEL REPORT 302 RESOLUTION FOR EMERGENT HIRING The above Personnel items were approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and The above Action Item attachments are included in the official Minutes book. POLICIES AND REGULATIONS On motion by Mr. Bradley, seconded by Mr. Mack, the Board approved the following Second Reading of the following Policies and Regulations: 601 Second Reading of New Policy P1140 Affirmative Action Program 602 Second Reading of Revised Policy P1523 Comprehensive Equity Plan 603 Second Reading of Revised Policy P1530 Equal Employment Opportunities 604 Second Reading of Revised Regulation R1530 Equal Employment Opportunities 605 Second Reading of Revised Policy P1550 Affirmative Action Program for Employment and Contract Practices 606 Second Reading of Revised Regulation R1550 Affirmative Action Program for Employment and Contract Practices 607 Second Reading of Revised Policy P2260 Affirmative Action Program for School and Classroom Practices 608 Second Reading of Revised Policy P Title I District-Wide Parental Involvement 609 Second Reading of Revised Policy P2423 Bilingual and ESL Education 610 Second Reading of Revised Regulation R2423 Bilingual and ESL Education 611 Second Reading of Revised Policy P6360 Political Contributions 612 Second Reading of Revised Policy P6362 Contributions To Board Members and Contract Awards 613 Second Reading of Revised Policy P8420 Emergency and Crisis Situations 614 Second Reading of Revised Regulation R8420 Emergency and Non-Fire Evacuation Plan 615 Second Reading of Revised Regulation R Bomb Threat 616 Second Reading of Revised Regulation R Lockdown Procedures 617 Second Reading of New Regulation R Active Shooter 618 Second Reading of Revised Policy P8740 Bonding 619 Second Reading of Revised Policy P Academic Standards, Academic Assessments and Accountability 620 Second Reading of Revised Policy P5240 Tardiness 621 Second Reading of Revised Regulation R5200 Attendance 622 Second Reading of Revised Regulation R EHS Behavioral Guide 623 Second Reading of Revised Regulation R5600 Pupil Discipline/Code of Conduct 624 Second Reading of Revised Policy P8220 School Closings 625 Second Reading of Revised Regulation R8220 School Closings The above Policies and Regulations were approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer, and NO OLD BUSINESS 4

5 NEW BUSINESS Residency (1) On motion by Mrs. McKeon, seconded by Mr. Bradley, the Board approved the following Resolution on residency regarding student Z.J.W. EWING TOWNSHIP BOARD OF EDUCATION RESOLUTION WHEREAS, Z.J.W. is enrolled as a student in the Ewing School District; and WHEREAS, the Attendance Officer for the Ewing Township Board of Education, based upon an investigation, had determined that Z.J.W. was not residing within Ewing Township; and WHEREAS, a notice of a proposed disenrollment hearing was forwarded to the student s mother, D.J., on January 31, 2011 via regular and certified mail; and WHEREAS, D.J. appeared on behalf of the student at the disenrollment hearing scheduled for February 23, 2011; and WHEREAS, based on the evidence produced at the hearing, the Ewing Township Board of Education makes the following findings of fact: 1.) D.J. and Z.J.W. were registered with the Ewing School District as staying with a host family in Ewing. D.J. testified that they were caused to leave the residence between early November 2010 and the current week because of extensive repairs being performed at the property. 2.) Subsequent to the hearing, D.J. presented invoices and receipts totaling approximately $3, to support her claim of extensive interior renovations. 3.) The district s residency officer performed an address look up of D.J. This investigation demonstrated an address for D.J. at her sister s Trenton residence from April and August of 2010, months before D.J. alleges that she temporarily moved out due to repairs. 4.) D.J. stipulated to the surveillance which showed her and Z.J.W. leaving her sister s home in Trenton on numerous surveillances beginning in early November ) The invoices and receipts do not document such extensive repairs which would necessitate D.J. and Z.J.W. vacating the Ewing residence for four months. NOW THEREFORE, BE IT RESOLVED this 23 rd day of February, 2011, that 1. Based upon the evidence produced at the residency hearing, the Board has determined that Z.J.W. is domiciled with his mother in the City of Trenton. 2. Z.J.W. is hereby disenrolled from the Ewing Township School District. 3. The Board Solicitor shall furnish the student s parents with a copy of this Resolution. The Solicitor shall further advise the parties, in accordance with N.J.S.A. 18A:38-1 that: the parties may appeal this decision to the Commissioner of Education in the State of New Jersey within twenty-one (21) days of the date of this resolution. in the event of appeal, the parent or guardian shall bear the burden of proof before the Commissioner; and if, in the judgment of the Commissioner, the evidence does not support the claim of the parent or guardian, the Commissioner must assess the parent and/or the guardian 5

6 tuition for the students prorated to the time of the students ineligible attendance in the schools of the district. The above Resolution was approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Residency (2) On motion by Mrs. McKeon, seconded by Mr. Bradley, the Board approved the following Resolution on residency regarding student W.C. Jr. EWING TOWNSHIP BOARD OF EDUCATION RESOLUTION WHEREAS, W.C., Jr. is enrolled as a student in the Ewing School District; and WHEREAS, the Attendance Officer for the Ewing Township Board of Education, based upon an investigation, had determined that W.C., Jr. was not residing within Ewing Township; and WHEREAS, a notice of a proposed disenrollment hearing was forwarded to the student s parents, W.C., Sr. and K.T., on January 31, 2011 via regular mail; and WHEREAS, W.C., Sr. and K.T. appeared on behalf of the student at the disenrollment hearing scheduled for February 23, 2011; and WHEREAS, based on the evidence produced at the hearing, the Ewing Township Board of Education makes the following findings of fact: 1.) W.C., Sr. resides in Ewing. K.T. resides in Trenton. Ewing. 2.) W.C., Sr. and K.T. testified that W.C., Jr. resides with his father the majority of the time in 3.) Surveillance was conducted on twelve (12) occasions between October 7, 2010 and February 22, All twelve occasions demonstrated that the child was leaving the mother s residence in Trenton in the morning to attend school. This even occurred on days when the parents testified that W.C., Jr. would be staying with the father based on their schedule. 4.) There is no court order or custody agreement setting forth a visitation schedule and/or establishing Ewing as the child s school district. NOW THEREFORE, BE IT RESOLVED this 23 rd day of February 23, 2011, that 1. Based upon the evidence produced at the residency hearing, the Board has determined that W.C., Jr. is domiciled with his mother in the City of Trenton. 1. W.C., Jr. is hereby disenrolled from the Ewing Township School District. 2. The Board Solicitor shall furnish the student s parents with a copy of this Resolution. The Solicitor shall further advise the parties, in accordance with N.J.S.A. 18A:38-1 that: the parties may appeal this decision to the Commissioner of Education in the State of New Jersey within twenty-one (21) days of the date of this resolution. 6

7 in the event of appeal, the parent or guardian shall bear the burden of proof before the Commissioner; and if, in the judgment of the Commissioner, the evidence does not support the claim of the parent or guardian, the Commissioner must assess the parent and/or the guardian tuition for the students prorated to the time of the students ineligible attendance in the schools of the district. The above Resolution was approved by the following roll call vote: Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Litigation On motion by Dr. Palmer, seconded by Mr. Mack, the Board approved the following litigation action: Resolved that the Board of Education shall settle the lawsuit filed by Mary Jones against it and individual employees pursuant to the terms discussed in Executive Session. This settlement shall be a settlement of all claims with prejudice and without any admission of liability. The Board authorizes its attorneys to execute all appropriate documents to effectuate this settlement. Mrs. McKeon, Mr. Bradley, Mr. Mack, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Resolution On motion by Mr. White, seconded by, the Board approved the following Resolution: RESOLUTION OPPOSING LOCAL SCHOOL BOARDS FUNDING COUNTY-SUPPORTED EDUCATION ACADEMIES WHEREAS, Mercer County has initiated and implemented several K-12 Education Academies at its West Windsor campus, which largely replicate the Core Content offerings at Ewing High School and other Mercer County High Schools; WHEREAS, three (3) former Ewing High School (EHS) students have disenrolled from EHS to attend the Mercer County Health Sciences Academy during the School Year; WHEREAS, these academies are currently being funded by tuitions paid for by Ewing taxpayers through unanticipated budget line items in the current Ewing Board of Education budget; and WHEREAS, the County Board of Chosen Freeholders and the County Executive have both been formally and informally contacted in regards to these additional, burdensome costs being imposed on the Ewing Board of Education for these students; and 7

8 WHEREAS, these official requests have not resolved the current situation of additional, nonbudgeted tuitions and costs being passed back for disenrolled students in Ewing Township; and WHEREAS, these proposed and unanticipated costs may have a significant impact on School Year budgets that are currently being formalized by all Mercer County School District, and could have significant short and long-term impacts on programmatic funding, in what amounts to a County unfunded mandate paid by local taxpayers; THEREFORE, the Ewing Township Board of Education hereby resolves that: The Mercer County Board of Chosen Freeholders accept full responsibility and costs associated with all its current and future County Academy students, therefore avoiding the imposition mandates and duplicative costs to the County taxpayers and local School Districts. Hereby resolved on February 28, 2011 Brian S. Falkowski, Board Secretary Ewing Township Board of Education Mrs. McKeon, Mr. Bradley, Mrs. Staub, Mr. Savage, Mr. White, Dr. Palmer and Ms. Benedetti Mr. Mack COMMENTS Comments from members of the public, Board and staff on General Topics were requested and received at this time. The comments from members of the public were as follows: Mr. Michael Ford commented on the Mercer Health Academy. Mr. Mark Fetter made comments regarding certified teachers/supervisors as well as he wants to go into the schools and show where money can be saved. The following comments were made by Board members: Mr. Savage commented on the $15,000 grant for a new district video as well as a comment regarding our music program and TEMPO. Mr. Bradley mentioned the Rescue Mission and gave high kudos to the basketball team. commented regarding information on policies as well as student tardiness during snow events. She also gave closing comments. On motion by Mr. Savage, seconded by Mr. White, the Board approved the following resolution: RESOLVED, that the Ewing Township Board of Education shall meet in Executive Session on February 28, 2011 for the purpose of discussing Personnel, Legal, Residency and Discipline. 8

9 On motion by Mr. Savage, seconded by Mr. White, the Board approved a motion to adjourn the meeting. The above motion was unanimously approved by voice vote. The meeting adjourned at 10:40 pm. Approved 02/28/11 Minutes Brian S. Falkowski Brian S. Falkowski Board Secretary 9