agenda - Durham Public Schools

Transcription

AGENDA
Durham Public Schools Board of Education
Monthly Meeting
September 25, 2014
Fuller Administration Building
511 Cleveland Street, Durham, NC
1.
Call to Order
6:30 p.m.
2.
Moment of Silence
3.
Be Our Guest
4.
Celebrations
5.
Superintendent’s Update
6.
Agenda Review and Approval
7.
General Public Comment
8.
Board of Education Meeting Minutes
9.
Consent Agenda
a. Calendar Approval – Traditional Schools 2015-2016
b. Calendar Approval – Year Round Schools 2015-2016
c. Blackboard Connect Contract
10.
Reports of the Committees
I. Instructional Services Committee
a. Mentoring and Coaching Programs
11.
Closed Session
• To consider confidential student information protected under NCGS 115C-402 and the
Family Education Rights and Privacy Act (FERPA), 20 USC 1232g.
• To consider confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-319.
• To consult with the board attorney to preserve the attorney-client privilege as provided in
NCGS 318.11(a)(3).
12.
Adjournment
Mission Statement
In collaboration with our community and parents, the mission of Durham Public Schools is to provide all students with an outstanding education that motivates them to
reach their full potential and enables them to discover their interests and talents, pursue their goals and dreams, and succeed in college, in the workforce and as
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engaged citizens.
Date: September 25, 2014
Durham Public Schools
Board of Education
PRECIS
Agenda Item:
Be Our Guest
Staff Liaison Present:
Phone # 560-9112
Chrissy Pearson
Main Points:
The Board welcomes the parents/guardians from the following schools:
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Sandy Ridge Elementary
Creekside Elementary
Lakewood Elementary
Carrington Middle
Lucas Middle
City of Medicine Academy
Hillandale Elementary
Fiscal Implications: N/A
Strategic Plan Alignment:
II.2 DPS will strengthen internal and external communication practices as measured by public
perception and employee satisfaction.
Purpose
Information
Reviewed by:
Discussion
Finance __________
Action
Consent
Attorney __________
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Board of Education
PRECIS
Agenda Item: Celebrations
Staff Liaison Present: Chrissy Pearson
Phone # 560-9112
Student & Staff Recognition
Duke/DPS Student(s) of the Month
Dariana Vargas Middle College High School.
Community Partners
Durham Civitan Club
CASE 21, Mark Jacobson Toyota,
Glenn School Road Walmart, and
The Double Tree Hotel
The Durham Civitan Club generously donated over 40
bookbags filled with school supplies for Exceptional
Children at School for Creative Studies and Holt
Elementary School.
These local businesses supported Eastway Elementary
School’s Y.E.S. Club trip to Washington, D.C. through
generous donations.
Y.E.S. is a program of student advocacy and that rewards
fifth grade students, who have demonstrated good
behavior, academic excellence, and leadership skills. As a
culminating activity, the Y.E.S. Club spent four days in
Washington, DC.
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Board of Education
PRECIS
Agenda Item:
Staff Liaison Present: Julianne Gates
Phone # 919-560-2502
Main Points:
Presented for approval:
o August 28, 2014 – Board Retreat and New Member Orientation Minutes
o August 28, 2014 – Regular Monthly Meeting – Open and Closed Minutes
o September 15, 2014 – First Quarterly Joint BOE/BOCC Meeting Minutes
Fiscal Implications:
N/A
Purpose
Information
Reviewed by:
Discussion
Finance __________
Action
Consent
Attorney __________
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MINUTES
DURHAM PUBLIC SCHOOLS
BOARD OF EDUCATION RETREAT
AUGUST 28, 2014
The Board of Education held a Retreat and New Member Orientation on August 28, 2014, at
1:00 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina.
Board Members present:
Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Leigh Bordley; Sendolo
Diaminah; Matt Sears; and Mike Lee.
Administration present:
Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of
Academic Services; Mr. Hugh Osteen, Deputy Superintendent of Operations; Bill McNeal,
District Transformation Coach; Tom Crabtree, Assistant Superintendent of Human Resources;
Mr. Aaron Beaulieu, Chief Financial Officer; Dr. Debbie Pitman, Assistant Superintendent of
Student, Family, and Community Services; Dr. Julie Spencer, Assistant Superintendent of
Research and Accountability; Ms. Chrissy Pearson, Chief Communications Officer; Dr. Alisa
McLean, Area Superintendent for High Schools; Emmett Tilley, Interim Area Superintendent for
Middle Schools; John McCain, Area Superintendent for Elementary Schools; Scott Denton,
Assistant Superintendent of Auxiliary Services; and Dr. Teresa Daye, Curriculum, Instruction,
and Assessment Officer
Others present: Attorney Ken Soo and Recorder Julianne Gates
Call to Order
Chair Carter called the meeting to order and presided over a moment of silence.
The agenda was approved by common consent.
Welcome and Introduction to Retreat and Orientation
Chair Carter welcomed everyone, especially the new Board Members, and shared that the
information throughout the retreat was for information and a refresher for veteran Board
Members.
Overview of Annual Board Handbook
Superintendent L’Homme began the presentation by introducing the Annual Board Handbook
and stated that there will be additional chapters as we move forward throughout the year. He
went over each section of the notebook and gave a brief description of its contents.
North Carolina Student Assessment Data
Superintendent L’Homme introduced Dr. Julie Spencer, Assistant Superintendent of Research
and Accountability, and she began her presentation.
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Board of Education Retreat and Orientation Minutes
August 28, 2014
Dr. Spencer introduced Jamie Carr and DeShawna Gooch from Research and Accountability to
assist her in the presentation. She shared the objectives of the school specific data as follows:
• To understand DPS school proficiency data
• To understand and apply the College and Career Readiness data
• To understand EVAAS Growth Status and DPS data
• To understand DPS Annual Measurable Objectives (AMOs) and DPS data
She explained that there are two standards for reporting data:
1. Grade Level Proficiency (Level 3, 4, and 5)
 Used for School Performance Grades
 Added after 2012-2013 data release (March, 2014)
 Included in all accountability reporting (except AMO Targets)
2. College and Career Readiness (Level 4 and 5)
 Used for Annual Measurable Objective (AMO) targets
 CCR was used in initial 2012-2013 data release
 Included in all accountability reporting
Dr. Spencer presented the RDY – Ready 22 Status Report 2014 which includes college and
career readiness (level 4 and 5) and it reflects the changes from 2013 to 2014. Board Members
spent time discussing with each other the results of this report. Dr. Spencer shared that there is a
plan of action, the importance of knowing the challenges and building on our strengths, and
understanding growth and the difference between achievement (student) and growth (district).
She discussed College and Career Readiness, ACT – College Readiness, the ACT versus the
SAT, ACT – Career Readiness, ACT WorkKeys, and EVAAS Growth.
Superintendent L’Homme stated that the ACT and the SAT are given to every student and the
National ruler gives us additional information indicating that we are not as high as the National
and State averages. He stated that we, as a district, must do better. Chair Carter added that we
needed to pay attention to the schools with lower test scores.
Jamie Carr discussed performance and growth. He said that with the volume of data, they are
able to predict performance through the use of EVAAS. He said the goal is to be better or the
same as the year before. Mr. Carr explained that the growth status is based on the growth index,
and that is how districts, schools, and teachers are measured. Dr. Spencer added that the state
had not yet released the growth index. She added that in order to get the true picture, you must
look at proficiency and growth.
Due to time remaining, Superintendent L’Homme offered Board Members a tutorial with Dr.
Spencer and the Research and Accountability staff to drill down deeper into school data. He
stated that Dr. Spencer would work with Julianne Gates, School Board Liaison, to schedule the
tutorials.
Board Members took a break from 2:43 p.m. until 2:59 p.m.
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August 28, 2014
2014-2015 DPS Budget
Chair Carter introduced the topic and Aaron Beaulieu, Chief Financial Officer, to begin the
presentation. Mr. Beaulieu began with a group activity; Who Wants To Be A Millionaire?
Sendolo Diaminah volunteered to be the contestant and answered all the questions correctly.
Mr. Beaulieu presented the 2014-2015 Budget Calendar and the Budget Priorities/Guiding
Principles which helps the Board of Education and Finance Department identify how to prioritize
and guide our budget process. He shared the Proposed Budget for 2014-2015 and explained the
Chart of Accounts. He stated that each budget code had five components:
1. Fund - Financial accounting group used to account for all revenues and expenses
appropriated from a primary funding source.
2. Purpose - The reason for which something exists or is used. The Purpose includes the
activities or actions that are performed in accomplishment of the program objective. The
budgets of each individual PRC is broken down into segments that define the purpose for
which the program expense will be used.
3. Program (PRC) - A plan of activities or funding designed to accomplish a predetermined
objective. The overall budget for each Fund is broken down into smaller program
budgets (PRCs) based on the cost objective of each program.
4. Object - The service or commodity obtained as a result of a specific expenditure.
5. School or Department Code
Mr. Beaulieu expressed the need to educate the stakeholders on how to interpret the budget. He
said that all schools have individual budgets that mirror the Central Services budget. He
presented the 2013-2014 Budget Resolution and explained how to interpret funds at all levels.
He explained how important the average daily membership (ADM) was and how the entire
budget ties back to student membership. He suggested a new campaign; Every Kid; Every Seat;
Every Day!
Discussion ensued regarding the amount of local funds sent to Charter Schools. Mr. Beaulieu
stated that there needed to be a formula to account for pass-through funds to Charter Schools and
a per pupil funding formula. He said that the State reduces the allocation by $5,000 per student
not attending DPS. He said that transportation funds were paid to Charter Schools; however,
child nutrition funds were not.
Mr. Beaulieu stated that the district is fortunate to have a healthy Fund Balance at this time and
the additional state cuts for this year, if not realized through other efficiencies, would need to
come from Fund Balance. He said that the Fund Balance is where the difference comes from and
it won’t last forever. He reminded the Board and the administration that unassigned Fund
Balance are funds in the savings account and assigned Fund Balance are funds that have been
approved by the Board to cover the budget shortfalls.
There was further discussion regarding the need to connect with County Commissioners, build
relationships with constituents, and to educate them on the budget and how funds are allocated
within the district. Mr. Beaulieu thoroughly addressed all questions and concerns throughout the
presentation.
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August 28, 2014
Board Members took a break from 4:31 p.m. until 4:36 p.m.
Central Services Organization
Superintendent’s Office
Superintendent L’Homme presented the Superintendent’s Office organizational chart and shared
that the two Deputy Superintendents oversee two large areas; Dr. Stacey Wilson-Norman,
Deputy Superintendent of Academic Services and Hugh Osteen, Deputy Superintendent of
Operational Services. He reminded Board Members that the teachers in the district do the work
and everyone else is support to what happens in the classroom. He stated that the 54 Principals
reported to Area Superintendents and directly to him to allow them direct contact with him in the
event of an emergency. In addition, he stated that Dr. Julie Spencer, Assistant Superintendent of
Research and Accountability; Aaron Beaulieu, Chief Financial Officer; and Chrissy Pearson,
Chief Communications Officer, all reported to him.
Superintendent L’Homme stated that the Area Superintendents completed the Principal’s
evaluations but that there was a part of the evaluation that required a Superintendent
endorsement. This will confirm that the Superintendent believes and endorses the content of the
evaluation.
Administrative Services
Hugh Osteen presented the Operational Services’ organizational chart and shared that Scott
Denton, Assistant Superintendent of Auxiliary Services, and Tom Crabtree, Assistant
Superintendent of Human Resource Services, reported directly to him. He stated that in addition
to the Assistant Superintendents, Evia Nelson, Executive Director of Construction and Capital
Planning; Kenneth Barnes, Executive Director of Maintenance Services; and Tamika Puckett,
Director of Risk Management Services, all reported to him as well. Mr. Osteen shared
Operational Services’ statistics and the organization of schools. He stated that there are 54
schools within 52 sites in the district.
Instructional/Academic Services
Dr. Stacey Wilson-Norman presented the Academic Services’ organizational charts and shared
that there have been changes to better align staff and to meet the needs of the schools. She stated
that there are three Area Superintendents, John McCain – Elementary Schools, Interim Emmett
Tilley – Middle Schools, and Dr. Alisa McLean – High Schools. She explained that once the
new Area Superintendent, Jacqueline Ellis, arrived; the areas would be aligned so that each Area
Superintendent would cover a K-12 area. She said the re-alignment list would be given to Board
Members after schools are informed. Dr. Wilson-Norman shared the organizational alignment of
Curriculum, Instruction, and Assessment, led by Dr. Teresa Daye; the Exceptional Children’s
Program, led by Dr. Kristin Bell; Student, Family, and Community Services, led by Dr. Debbie
Pitman; and Leadership Development, led by Elizabeth Shearer. Chair Carter requested the
Board receive an electronic copy of all job descriptions and Mr. Crabtree confirmed that Human
Resources had electronic copies of all job descriptions.
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August 28, 2014
Organization of Schools
Hugh Osteen presented the organization of schools which included the following breakdown:
o 30 Elementary Schools
 10 Magnets (3 YR/7 Traditional)
o 9 Middle Schools
o 2 Secondary Schools
o 11 High Schools
 5 Magnets (0 YR/2 Traditional/3 Univ.)
o 2 Other Schools
 0 Magnet (Traditional)
o Totaling: 54 Schools (in 52 Sites)
He shared the District and Magnet Distribution maps and said that the Board would be provided
updated maps as changes occurred. Mr. Osteen provided the 2013-2014 Student Capacity Chart
for the 20th day to compare with this year’s totals.
Dr. Stacey Wilson-Norman presented the brochure on Magnet Schools which provided the
magnet programs at the elementary, middle, high, and specialty high schools. She stated that the
brochure did not indicate the list of CTE Pathways; however, they are listed on the DPS website.
In addition, she said that she would send a list of all CTE Pathways to Board Members.
Closing Comments and Wrap-Up
Chair Carter thanked the group for a very informative meeting. She asked Board Members if
there were any topics they would like to discuss in the future. The history of Magnets and a high
level discussion regarding the Durham Public Schools’ Vision were mentioned.
Superintendent L’Homme suggested meeting with a couple Board Members at a time for better
communication and to talk through next steps. He stated that the big issues were coming to
Board Members in the upcoming Committee and Board Meetings.
There being no further business, the meeting adjourned at approximately 5:48 p.m.
_________________________________
Heidi Carter, Chair
Durham Public Schools of Education
____________________________________
Dr. Bert L’Homme, Superintendent
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9
MINUTES
BOARD OF EDUCATION
AUGUST 28, 2014
The Durham Public Schools Board of Education held its regular monthly meeting August 28,
2014, at 6:33 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North
Carolina.
Board Members present:
Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Matt Sears; Mike Lee;
Sendolo Diaminah; and Leigh Bordley were present.
Administration present:
Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of
Academic Services; Hugh Osteen, Deputy Superintendent of Operational Services; Dr. Debbie
Pitman, Assistant Superintendent of Student, Family, and Community Services; and Tom
Crabtree, Assistant Superintendent of Human Resources were present.
Attorney present: Ken Soo
Call to Order
Chair Carter called the meeting to order and presided over a moment of silence.
Celebrations
Board Members recognized students, parents, and community partners including:
Duke University’s DPS Student of the Month – This program spotlights students who
distinguish themselves with character and integrity.
Mattiyah Jones, The School for Creative Studies – August Student of the Month.
Principal Renee Price introduced Mattiyah Jones who has been named the Duke University
Durham Public Schools Student of the Month for August. The School for Creative Studies
sophomore holds a 2.67 weighted GPA and is a member of the Choir Club, the Spoken Word
Club, the Student Advisory Council, Students Against Violence Everywhere, and Tithe One On an organization based on showing random acts of kindness. Mattiyah is also involved in the
P.R.O.U.D (Personal Responsibility to Overcome with Understanding and Determination)
Program of Durham, a program that seeks to offer enrichment activities and life-skills training
for at-risk youth. For fun, Mattiyah likes to write songs, write poetry, and paint. Her favorite
subject is math and she hopes to someday work with special education students or study
neurogenetics at Howard University or UNC-Chapel Hill. Mattiyah says she credits her mom for
being an inspiration and always putting her children first no matter what. Mattiyah received a
certificate and she was invited to walk the red carpet.
SOAR –
Ms. Jackie Love, the DPS Homeless Liaison, shared comments about the SOAR program. The
acronym SOAR means Students are Obtaining Skills, Achieving Academic Success, and
Realizing their Potential. SOAR is a 7-week academic and enrichment program for homeless and
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August 28, 2014
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at-risk students. SOAR was created to support our homeless students academically during the
summer in hopes of decreasing their summer loss. This is the third year that we have operated
the SOAR program. This year we enrolled more than 100 students, although the daily enrollment
fluctuated. The highlight of the program was the SOAR store. Students received money (SOAR
Bucks) as a reward for exhibiting good behaviors. The students shopped weekly with donations
from the community. Additionally, the students received tutoring in the morning from certified
DPS teachers and participated in a variety of academic and enrichment activities in the
afternoon. They received weekend backpacks filled with food from PORCH Durham and
Calvary Baptist Church.
Ms. Love said on behalf of the SOAR program and DPS Student Services, she acknowledged the
DPS team who helped to make this program a success and the community partners who made
generous contributions. They were all invited to walk the red carpet.
Board of Education:
Minnie Forte-Brown, Vice Chair
Durham Public School’s Staff:
LaManda Pryor (Principal – W.G. Pearson)
Tammorah Mathis (Dean of Students – W.G. Pearson)
Jackie Battle Love (Homeless Liaison)
Tracey Super-Edwards (Coordinator of Extended Learning)
Teresa Dafford (Elementary Specialist)
Lisa Wilson (Elementary Specialist)
Bridget James (Manager)
Sherina Farmer (Asst. Manager)
Community Partners:
Calvary Baptist Church (GUM Drop Ministry)
PORCH – Durham (Backpack Buddies Program)
Theresa Jones (Donations)
Calleen Herbert (Donations)
Teacher Spotlight Ms. Pearson introduced Juliana Mendelsohn, a 5th Grade teacher at Mangum Elementary
School. After hearing about the delayed school opening in Ferguson, Missouri, Ms. Mendelsohn
became concerned about students who receive free and reduced lunches going without. Instead
of sitting on the sidelines watching, she decided to create an online fundraising campaign which
has caught national attention. To date she has raised over $154k for the children of Ferguson. We
are truly proud to call her one of our own. Ms. Mendelsohn was presented with a certificate and
invited to walk the red carpet.
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New Principals and Transfers –
Dr. L’Homme acknowledged all the new Principals. He said that during the summer, nine
principals took on new assignments in our schools, either as new principals or veterans moving
to a new challenge. All of us in Central Services are committed to supporting them in their new
roles, just as they are committed to serving their school communities, supporting their teachers
and staff, and encouraging greatness within their students. He welcomed the following new
principals:
Burton Elementary School- Dr. Kimberly Ferrell
Club Boulevard Elementary School- Christian Hairston
Jordan High School- David Malechek
Lowe’s Grove Middle School- Dr.Tekeisha Mitchell
Mangum Elementary School- Karen Kellett
Sandy Ridge Elementary School – Keri Pitchford
Southern School of Energy and Sustainability - Jerome Leathers
Soutwest Elementary School- Nicholas Rotosky
Each Principal was congratulated and invited to walk the red carpet.
Community Partners
Carayons2Calculators Ms. Pearson introduced the Community Partner, Crayons2Calculators, who aims to serve the
educational and creative needs of students in the Durham Public School system by providing free
school supplies to classroom teachers. Supplies help teachers be more effective and efficient in
their quest to educate the next generation. They operate a free warehouse store in Durham where
teachers can "shop" for supplies. Teachers from the highest poverty schools are invited to come
into the warehouse once a month to pick out approximately $50-$75 worth of supplies as part of
our Monthly Shopping Program. Teachers from other schools are invited once per year to a
Giveaway Event when they can choose about $100-$150 of supplies they need for their classes.
The 2013-2014 Fill The Bus supply drive was a record setting year. Ms. Pearson recognized
Julie Marshall, Executive Director of Crayons2Caluculators, and thanked her for being an
outstanding partner with DPS. Ms. Marshall introduced Joyce McKinney from Rotary, which
started the Fill The Bus Campaign. She also thanked DPS staff, Marlon Watson, Delbert Foust,
Steve Whitehead, and Tyra Dixon for their hard work to make this happen. Ms. Marshall and
Ms. McKinney were invited to walk the red carpet.
Resolution to Honor Ann Little Majestic
Chair Carter shared comments about the late Ann Little Majestic and presented a resolution to
honor her and to respect her memory. Board Members took turns reading the resolution as
follows:
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BOARD OF EDUCATION RESOLUTION
OF RESPECT FOR THE MEMORY OF ANN LITTLE MAJESTIC
WE, the members of the Durham Public Schools Board of Education, wish to express our
deepest respect, gratitude, admiration, and affection for our School Board Attorney, Ann Little
Majestic.
WHEREAS, Ann was a powerhouse leader in education law with a brilliant legal mind
that brought clarity to the complexities of the field nationwide;
WHEREAS, Ann worked tirelessly for the principles of fairness, justice, and access to
excellent educational opportunities for all students;
WHEREAS, Ann was one of the most fierce advocates for public schools, in general and
for Durham Public Schools in her own community, sending her children to our schools and
constantly believing in their potential;
WHEREAS, Ann consistently provided us with the most solid legal counsel and
approached her representation of our district with unmatched and lasting care;
WHEREAS, Ann gave us so much more than professional advice by sharing her
personal insights with us about improving Durham Public Schools and helping us work
effectively together as a Board and to all be better Board Members;
WHEREAS, Ann brought a majestic presence with her into any room, where we had the
privilege to learn and grow in the tall and graceful shadow she cast;
WHEREAS, the loss of Ann has left a hush of sadness in the hearts of her DPS family;
NOW, THEREFORE, BE IT RESOLVED, that members of the Durham Public
Schools Board of Education commit to honor and remember Ann by relentlessly fighting for the
resources, policies, programs, and people we need to ensure superior public schools for all of
Durham's children; and
BE IT FINALLY RESOLVED, that the Durham Public Schools Board of Education
expresses its profound sorrow upon the death of our attorney, counselor, and friend, Ann Little
Majestic.
This the 28th day of August, 2014.
Vice Chair Forte-Brown made a motion to accept and approve the resolution to honor the
memory of Ann Little Majestic as written. Natalie Beyer seconded and the motion passed
unanimously.
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Superintendent’s Updates
Superintendent L’Homme shared the following updates:
• The opening of traditional schools was a success! He thanked the principals and teachers
for a job well done!
o Dr. L’Homme visited the bus lot and six schools; totaling 18 schools since his
arrival.
o Nearly 30,000 students started this week; bringing our total to almost 34,000
students.
o Almost no teaching vacancies because of the hard work of Human Resource
Services along with our principals and staff.
• Last week we presented preliminary test scores to the Board: scores are holding steady.
o Final, school-by-school results will come out in October.
o Bright spot: Graduation rate has increased yet again, to 81.3 percent!
o Proficiency gains in some grades and subjects, but declines in other areas.
o Looking carefully at the data to reinforce what’s working and address what’s not.
• Dr. L’Homme thanked our partners and other community agencies for supporting our
students over the summer and on the way back to school. Whether supporting summer
reading through Book Harvest or providing school supplies through
Crayons2Calculators; through fitness activities and camps; at libraries, churches, and
Freedom Schools — you make a difference for Durham Public Schools students all year.
The agenda was approved by common consent.
General Public Comment:
None
Presented for approval:
o August 14, 2014 – Special Called Meeting – Open and Closed Minutes
Vice Chair Forte-Brown made a motion to approve the minutes as written. Mike Lee seconded
and the motion passed unanimously.
Consent Agenda
Chair Carter noted that all Consent Agenda items were thoroughly discussed in committee.
a. 2014 – 2015 Signature Learning Resources, Inc. Contract
b. Applications to Lottery Funds for Capital Projects
c. Holton Facility Agreement Amendment #3
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d. Head Start Lease at Eastway Elementary School
e. Budget Resolution Amendment #3 (2013 – 2014)
f. Contract for Professional Services between Durham County Department of Social
Services and Durham Public Schools Contract
Natalie Beyer made a motion to approve Consent Agenda. Vice Chair Forte-Brown seconded
and the motion passed unanimously.
Reports of the Board of Education
a. Federal and State Liaisons for Advocacy Appointments
Chair Carter presented the agenda item and began discussion of appointing the Federal and State
Liaisons for Advocacy. She thanked Natalie Beyer for serving in this capacity the past 4 years and
for a job well done. She said that Ms. Beyer had agreed to continue in this role. Chair Carter
explained that the jobs of the Federal and State Liaisons for Advocacy were to advocate at the
Federal and State levels, to develop a Legislative Agenda, and to vote as a delegate at the North
Carolina School Boards Association Annual Conference. Sendolo Diaminah expressed his interest in
joining together for this effort. Chair Carter stated that Natalie Beyer and Matt Sears would share the
role as Federal and State Liaisons for Advocacy and Sendolo Diaminah would be a contributing
partner.
Reports of the Committees
I.
Instructional Services Committee
a. Graduate Durham
Recommendation: Information
Public Comment: None
Committee Chair, Minnie Forte-Brown introduced Dr. Stacey Wilson-Norman, Deputy
Superintendent of Academics, who began the presentation. Dr. Wilson-Norman shared an
overview of Graduate Durham, the work plan for the Academic Services division. The key
strategies of this initiative are to keep students on track and to ensure that all students are college,
career, and life-ready. She shared the four focus areas:
•
•
•
•
Focus Area I: Curriculum, Leadership, Assessment, Support, and Sustainability
(C.L.A.S.S.)
Focus Area II: Prevention, Intervention, and Engagement
Focus Area III: Talent Development
Focus Area IV: Design for Accelerated Progress
Dr. Wilson-Norman stated the job of the administration and staff of DPS is to provide the
necessary tools to Graduate Durham. She said that there would be clear communication to the
public on what was being worked on from choosing the right professional development to
communicating high expectations for quality teachers. All departments, principals, teachers, and
parents will partner together for all students and will Graduate Durham!
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Board Members thanked Dr. Wilson-Norman for her brilliant leadership and to staff who stepped
up when they could have stepped back while waiting for a new Superintendent. Dr. WilsonNorman stated that Graduate Durham was the result of great team effort!
II.
Administrative Services Committee
a. Teach for America (TFA) Contract
Recommendation: Action
Public Comment: 11 people signed up to speak.
1. Robyn Fehrman – Ms. Fehrman is a proud DPS parent and the Executive Director of Teach
For America (TFA). She stated that TFA had partnered with DPS for over a decade
recruiting and retaining great teachers. She urged the Board to approve the TFA contract.
2. Andrew Kakis – Mr. Kakis is a long time Durham resident and a former teacher and DPS
employee. He said that he worked with the district and school leaders in the high need
schools of East Durham and stressed the need for good quality teachers. He asked the Board
to approve the TFA contract.
3. Aliyah Abdul-Rahman – Ms. Abdul-Rahman stated that she was speaking on behalf of her
colleagues at TFA and urged the Board to approve the contract. She said she was a long time
resident living in East Durham for 10 years and that education was the most important tool in
transforming a community. She said that TFA had a positive impact on educating students
and they were constantly looking for ways to bring in the best teachers.
4. Jackie Novotny – Ms. Novotny is a teacher at Hillside High School. She said that without
her mentor, she would have never stayed at Hillside. She stressed the importance of good
mentors for beginning teachers and urged the Board not to renew the TFA contracts but to
use the $30,000 to support mentors.
5. Bryan Proffitt – Mr. Proffitt is a teacher of eleven years and is in his eighth year at Hillside
High School. He stated that the General Assembly doesn’t support veteran teachers and they
were no friend to public education. He asked the Board to use resources to keep good
teachers in our buildings instead of renewing the TFA contract.
6. Carmelo Montalvo – Ms. Montalvo is a teacher at Southern School of Energy and
Sustainability, and a graduate of NCCU. She said that she was a TFA teacher and that
removing TFA teachers would not be a step forward. She said that she was a second year
core member and urged the Board to approve the TFA contract.
7. Jeff Howell – Mr. Howell is a second year TFA core member at Southern School of Energy
and Sustainability. He said that TFA rallies together to get these teachers to go above and
beyond to connect with students in need. He asked the Board to consider approving the TFA
contract.
8. Dov Rosenberg – Mr. Rosenberg is a teacher and represents the People’s Alliance Education
Team in support of veteran teachers. He stated that after a minimum bump in salaries after
years of no raises, he recommended using resources to support a teaching training model and
to investigate such a program as Teaching Fellows. He asked the Board and the
administration to support our beginning teachers and find the funds for veteran teachers to
mentor the younger teachers. He said that mentoring is critical and he urged the Board to
make the right decision for Durham.
7
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August 28, 2014
Page 8
9. Andrea Underwood – Ms. Underwood, the President of Durham Association of Educators,
asked the Board not to renew the TFA contract. She said that this was not personal but it was
political. She stated that funding could support our veteran teachers to mentor new teachers.
She asked the Board to value longevity and experience in the classroom. Ms. Underwood
stated that selecting quality educators is the most important task of school leadership. She
urged the Board to make the right decision and to support the 1:118 ratio of mentors.
10. Ann Rebeck – Ms. Rebeck encouraged the Board not to renew the TFA contract. She stated
that a long standing model of TFA was to become a teacher with only six weeks of training
without student teaching. She said that ending the contract would be a small gesture but
hoped that current TFA teachers were retained. She urged the Board to enhance avenues to
find quality teachers and to use funds for mentoring new teachers.
11. Meredith Flowe – Ms. Flowe stated that she joined the core as one of six first year teachers
and only two remained, and they were both TFA teachers. She said that this was personal
because we all care about kids and want the best education for them. She urged the Board to
approve the TFA contract.
Committee Chair, Natalie Beyer, gave thanks and appreciation to all speakers for their love of
students. Chair Carter asked for a review of the key elements of the contract.
Tom Crabtree, Assistant Superintendent of Human Resources, stated that we currently had seven
2nd year and five 1st year TFA teachers. He said this is a 3 year contract starting with the 20142015 school year and ending with the 2016-2017 school year. Durham Public Schools would pay
Teach for America the cost of $3000.00 per year, per teacher hired, and the contract calls for up
to ten core members for 2 years. He added that hiring another cohort next year would actually
total four years. Ms. Beyer asked Mr. Crabtree to explain what the Board would be paying for.
Mr. Crabtree stated that DPS would be paying for training, recruiting, and that professional
development was on-going with TFA.
Vice Chair Forte-Brown, a teacher of 42 years, expressed her support of the TFA contract and
the need for great teachers who expect great things like that of TFA teachers. Sendolo Diaminah
stated that this decision was political and a part of dismantling public education. He questioned
what was happening with public education and that the role of TFA was undermining teachers as
a profession. Leigh Bordley conveyed her appreciation to the efforts of creating Durham’s TFA;
however, she said that funds should be spent to support the Graduate Durham initiative rather
that the renewal of the TFA contract. Matt Sears was thankful that this contract had engaged
conversation around the need for a nationally recognized mentoring program and he felt that
Graduate Durham was a step in the right direction. He suggested not to approve the contract as
written but to support the five teachers that were affected by the current contract. Mike Lee
expressed concern of the low percentage of TFA teachers that remained past two years and the
short amount of training that TFA teachers received. He said that he would like to see educators
complete all necessary coursework prior to becoming a teacher. In addition, he understood that
TFA was working hard at retaining teachers; however, he stated that little had changed since out
of the 200 TFA teachers hired, only 25 were still teaching. Natalie Beyer stated that TFA had
talented and dedicated individuals; however, she shared concerns that the program only provided
8
17
August 28, 2014
Page 9
five to six weeks of training to teach and how this was a slap in the face to career teachers. She
agreed to support the current TFA teachers but was not in favor of moving forward with TFA.
Ms. Beyer stated that she was in favor of investing in our own people.
Attorney Ken Soo stated that DPS had an obligation to TFA’s 2013-2014 core members. He
stated that whether or not the Board approved moving forward with a new TFA contract, the
Board still needed to decide what to do for the teachers already placed for the next two years. In
addition, he said that TFA teachers that started this year are like a first year teacher and their
contracts did not have to be renewed just because they were affiliated with TFA.
Superintendent L’Homme conveyed that changing anything for this school year would be very
disruptive and harmful to pull teachers from classrooms. Chair Carter stated that the Board
needed to honor commitments to teachers right now. She shared that the Board of Education
wants the very best teachers in our classrooms and the need for systemic improvements to
develop a pipeline of career talent. Vice Chair Forte-Brown expressed concerns that long-term
substitutes would be placed in hard to staff schools without TFA and when the hiring pool is low.
She said that there was a need to recruit better candidates for teaching positions. She added that
every teacher should be committed to every child, every day, and if they weren’t doing that, then
it didn’t matter if they had become a veteran in the classroom. Chair Carter stated that the teacher
turnover rate is high and has been high, and was a direct reflection of the General Assembly
diverting funds from public education. She shared the need to devote resources to develop a
pipeline for the teaching profession.
Following thorough Board discussion regarding whether or not to renew the TFA contract and
how to support the commitment to the current core members, Chair Carter asked for a motion.
Matt Sears moved to direct the administration to honor our obligations with TFA and pay the
administration fee for the 5 core members at $3000 per member for a 2 year period, but not to
engage in further contracts at this time. Natalie Beyer seconded and the motion passed 6 to 1
(Vice Chair Forte-Brown opposed).
Superintendent L’Homme shared that for the past six weeks, the administration had been
planning to re-establish a mentoring program for new and struggling principals and teachers. He
stated that he would be bringing a plan to the next committee meeting and that staff development
funds would be used and there would be no additional cost to Durham Public Schools.
b. Annual Security Contracts
Recommendation: Action
Public Comment: None
Committee Chair Natalie Beyer recognized Scott Denton, Assistant Superintendent of Auxiliary
Services, who began the presentation. He shared the following annual contracts for review and
approval.
9
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August 28, 2014
Page 10
o Durham County Sherriff’s Office (DCSO) School Resource Officers (SRO)
o Durham County Sherriff’s Office (DCSO) Security Liaison
o North Carolina Detective Agency (NCDA) Burglar Alarm Response
Mr. Denton stated that there were no material changes in the contract partners or the partnership
agreements from last year.
Sendolo Diaminah stated that he requested a meeting and met with Tina Ingram, Director of Security,
and Captain Raheem Aleem, who is in charge of the SRO Program and has been with the program for 15
years. He shared his concern regarding the increase of police violence and the safety of students in
schools. He questioned whether or not the SRO’s needed to carry firearms and said that we are not
going to arrest our way out of the problems in our community. He stated that if he didn’t support these
contracts, it didn’t mean that he didn’t support the people that dedicated their lives in law enforcement.
He requested the need for future community conversations.
Chair Carter stated that it was good to hear more about SRO training and how their work is based on
relationships with students. She stated the need for effective crime prevention and keeping our schools
safe. She said that she looked forward to a future date for further conversation. Matt Sears thanked Mr.
Diaminah for his research around the security contracts and meeting with Captain Aleem.
Captain Aleem shared comments and stated that SRO’s try desperately to build bridges not walls. He
said that they are a primary resource for teachers and students and many times the first person a student
might see when arriving at school. He stated that there are many students that come to school as it is
better than the reality at home.
Mike Lee made a motion to approve the three Annual Security Contracts as written. Vice Chair ForteBrown seconded and the motion passed 6 to 1; (Sendolo Diaminah opposed).
Closed Session
On a motion by Sendolo Diaminah, seconded by Natalie Beyer, the Board convened in closed
session to consider confidential student information protected under NCGS 115C-402 and the
Family Education Rights and Privacy Act (FERPA), 20 USC 1232g, confidential personnel
matters under NCGS 143-318.11(a)(6) and 115C-319, and to consult with the board attorney to
preserve the attorney-client privilege as provided in NCGS 318.11(a)(3).
The board convened in closed session at approximately 9:04 p.m.
Open Session – Personnel Recommendations
The Board reconvened in open session at approximately 10:10 p.m.
Personnel Approval
Superintendent L’Homme recommended approval of the August 28, 2014, Personnel Reports.
On a motion made by Natalie Beyer to approve the Personnel Reports dated August 28, 2014;
seconded by Vice Chair Forte-Brown, the motion passed unanimously.
10
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August 28, 2014
Page 11
Attorney Soo expressed his sincere appreciation for the resolution in honor of Ann Little
Majestic. He stated she had worked with this Board for 20 years, and that she loved this school
system. He thanked the present Board and previous Boards, and said that this resolution will
mean so much to the family of Ann Majestic.
Having no further business, the meeting adjourned at approximately 10:13 p.m.
____________________________________
Heidi Carter, Chair
____________________________________
11
20
JOINT BOE-BOCC MINUTES
BOARD OF EDUCATION
SEPTEMBER 15, 2014
A joint Durham Public Schools Board of Education (BOE) and Board of Durham County Commissioners
(BOCC) held its first 2014-15 quarterly meeting on September 15, 2014 at 9:00 a.m. in the Durham Public
Schools Board of Education Board Room, Fuller Administration Building, 511 Cleveland Street, Durham,
NC.
Board of Education Members present:
Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Leigh Bordley; Mike Lee (arrived at
9:20 a.m.); Sendolo Diaminah; and Matt Sears were present.
Board of County Commissioners Members present:
Reverend Michael Page, Chair; Brenda A. Howerton, Vice Chair; and Commissioners: Ellen W. Reckhow;
and Fred Foster, Jr.; and County Manager, Wendell Davis were present. Wendy Jacobs was not in
attendance.
BOE Administration present:
Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic
services; Hugh Osteen, Deputy Superintendent of Operational Services; Aaron Beaulieu, Chief Financial
Officer; Dr. Debbie Pitman, Assistant Superintendent of Family, Student and Community Services; Dr. Julie
Spencer, Assistant Superintendent of Research and Accountability; Scott Denton, Assistant Superintendent
of Auxiliary Services; Tom Crabtree, Assistant Superintendent of Human Resources; Dr. Alisa McLean,
Area Superintendent for High Schools; Emmett Tilley, Interim Area Superintendent for Middle Schools;
John McCain, Area Superintendent for Elementary Schools; Chrissy Pearson, Chief Communications
Officer; and Dr. Teresa Daye, Executive Director of Curriculum, Instruction, and Assessment, were present.
Call to Order
Chair Carter called the meeting to order and presided over a moment of silence to reflect and remember the
Hillside High School Senior who was killed in a single car accident over the past weekend.
Opening Remarks
Chair Carter welcomed the Durham Board of County Commissioners (BOCC), the BOE and BOCC staffs,
and visitors, and asked each person to introduce themselves. She thanked Superintendent L’Homme and
stated that the schools got off to a great start. She said that the district continues to grow, there was a 2%
increase in enrollment, and that DPS was expecting an influx of immigrant children. She stated that the
district must be proactive with academic and social needs of these children. Chair Carter welcomed the new
School Board Members who bring new attitudes and individual strengths.
Reverend Page welcomed the new School Board Members and welcomed back Dr. L’Homme to Durham
Public Schools. He thanked both Boards for this opportunity and was looking forward to the discussion.
21
BOE-BOCC Joint Meeting
September 15, 2014
Page 2
Superintendent’s General Report – Overall Goals and Objectives
Superintendent L’Homme began by stating that there were three “first day of school” days for the district;
Year Round Schools, Specialty High Schools and Traditional Schools. He stated that he visited all Year
Round and Specialty Schools and nine of the Traditional Schools on the first day. He said that his personal
goal was to have visited every school by the end of November.
Dr. L’Homme shared the District Goals for 2014-2015 as follows:
1. Increase Student Achievement
2. Increase Graduation Rate
3. Decrease Suspensions
4. Decrease Drop-out Rate
Dr. L’Homme stated that there was a re-organization at the Central Services level to better achieve these
goals. He said there will be three Area Superintendents; John McCain, Dr. Alisa Mclean, and in a couple
weeks, Jacqueline Ellis, and each will serve K-12 schools. Dr. L’Homme shared information regarding the
Common Core. He said that the General Assembly had not repealed the Common Core but has appointed a
review commission who will make recommendations for modifying the Common Core State Standards.
Vice Chair Forte-Brown stated that she would provide a list of the Review Commission members to both
Boards.
Dr. L’Homme shared that every teacher is a reading teacher and he presented the Graduate Durham
initiative. He explained that Graduate Durham is the roadmap for improving instruction and student
achievement. He stated that his focus was also on Professional Development; restoring a Teacher Mentoring
Program that would provide veteran teacher mentors for new teachers; and implementing a Principal’s
Mentoring Program that would provide dedicated Principal Coaches for new Principals.
Dr. L’Homme stated that there is a high need for Mental Health Services at the school level for many
students. He said that Principals want and need Mental Health Counselors on site. He shared that he has
appointed Elizabeth Shearer as the new Executive Director for Student Services, and she will work with
truancy, drop-out prevention, PBIS, and student suspensions.
Ms. Reckhow shared the Robert Balfanz article regarding children in poverty don’t attend schools regularly.
She said the pattern begins in Kindergarten and she would like to see the focus of truancy begin at the
Kindergarten level. There was continued discussion regarding the correlation between truancy, crime, and
environmental issues, and the need for a community survey to look at the data and to do something about
these community issues. It was suggested that a community survey come from Durham County.
DPS Budget and Impact of Current State Legislation
Review of Enrollment Data
• Enrollment Trends
Hugh Osteen, Deputy Superintendent of Operational Services, began the Enrollment Trends presentation.
He showed four charts which reflected enrollment trends for the past seven years. He pointed out that
enrollment remained flat at the elementary school level, increased 15% at the middle school level, and a
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September 15, 2014
Page 3
2.1% increase at the high school level. He said that overall, this equals a 3.7% increase in enrollment in the
past seven years, indicating a slow and steady growth.
• DPS Projections/State Budget/Enrollment
Aaron Beaulieu, Chief Financial Officer, began the DPS Projections, State Budget, and Enrollment
presentation. He explained that all budgets are tied to growth data and enrollment. He said that projected
enrollment drives the budget and he showed a chart that compares the North Carolina Department of Public
Instruction’s projected average daily membership (ADM) to Durham Public Schools’ projected ADM. Mr.
Beaulieu stated that this information can be found at the North Carolina Department of Public Instruction’s
(NCDPI) website at http://www.dpi.state.nc.us/fbs/allotments/state/ . He said that NCDPI had allotted
numbers on growth and the projected amount was $177 million dollars from the state; but the initial
allotment was $181.9 million dollars.
• Charter School/Enrollment/Budget Impact
Mr. Beaulieu shared a chart indicating the reduction to the State budget for increased Charter School growth.
He stated that there was a $1.6 million dollar reduction for Charter growth due to a 625 student increase from
last year.
Mr. Beaulieu presented charts indicating the County appropriation funding from 2008-09 through 2014-15.
Lastly, he shared information regarding per pupil funding for 2008-09 through 2014-15 with and without the
¼ cent sales tax level funding. There was continued discussion and Mr. Beaulieu thoroughly answered all
questions.
• Capacity
Hugh Osteen, Deputy Superintendent of Operational Services, began the Capacity presentation. He shared
student capacity charts including mobile units at the elementary, middle, specialty, and high schools. He
stated that DPS is presently at 98% capacity with 55 mobile units. He said that magnet schools are a
challenge for capacity planning but a great choice for students and families. Board Members discussed Little
River and Mangum Elementary Schools and how they have been affected by the Voyager Academy.
Discussion ensued regarding charter schools versus public schools and the consensus was that there needed
to be a marketing strategy to tell the community about the great things happening in DPS.
2013-2014 State Testing Results
Dr. Julie Spencer, Assistant Superintendent of Research and Accountability, began the 2013-2014 State
Testing Results presentation. She presented the NC Ready Accountability Model Indicators and explained
that there are two standards for reporting data:
1. Grade Level Proficiency (Level 3, 4, and 5)
 Used for School Performance Grades
 Added after 2012-2013 data release (March, 2014)
 Included in all accountability reporting (except AMO Targets)
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September 15, 2014
Page 4
2. College and Career Readiness (Level 4 and 5)
 Used for Annual Measurable Objective (AMO) targets
 CCR was used in initial 2012-2013 data release
 Included in all accountability reporting
Dr. Spencer presented a summary of the results for year 2013-14 to include the following:
o 34.8% of students were College and Career Ready (Achievement Levels 4-5)
o 44.1% were Grade Level Proficient (Achievement Levels 3-5)
o 73.6% (39 of 53) of DPS schools Met or Exceeded Expected Growth
o The district met 55.2% (116 out of 210) of its AMO Targets.
Dr. Spencer shared some highlights from year 2013-14 and said that 69.6% of DPS students were proficient
on ACT WorkKeys exams compared to 59.4% in 2012-13. She said this represents a 10.2 percentage point
increase. Dr. Spencer stated that ACT WorkKeys is a measure for College and Career Readiness and
employers use this as a measure. Superintendent L’Homme stated that every student in DPS can go to
college.
Dr. Spencer shared the State and DPS grade level proficiency comparison for 2013-14, and the career and
college readiness comparisons from 2012-13 to 2013-14. She explained that the Education Value-Added
Assessment System or EVAAS was a school-wide growth indicator. She said that 73.6% of DPS schools
met or exceeded growth and 83% increased or stayed the same as last year. Dr. L’Homme stated that the
goal was for every DPS school to exceed growth every year. Lastly, Dr. Spencer presented the 2013-14
Annual Measurable Objectives (AMO) reports which indicated the percentage of AMO targets met. There
was continued discussion and Dr. Spencer thoroughly answered all questions.
County Support for Latino Families
Superintendent L’Homme shared the following information:
 From May 2014 – August 13, 2014, the ESL Resource Center enrolled 109 high school students
compared to a total of 179 high school students in 2013-14. It is hard to predict how many more
students will enroll, but another 200 students are likely by December 2014.
 ESL Resource Center was registering 2 to 3 students per hour but this has decreased to 1 to 2 per
day.
 Approximately 75% of high school students are unaccompanied minors.
He shared total enrollment numbers in DPS and which schools have been impacted the most: Creekside,
Forest View, Holt, Brogden, Githens, Riverside, and Jordan. He said that Githens, Jordan, and Riverside are
experiencing the greatest impact. Dr. Debbie Pitman, Assistant Superintendent of Student, Family, and
Community Services, shared that the ESL Director, Sashi Rayasam, and Dr. Teresa Daye, Executive Director
of Curriculum, Instruction, and Assessment, are working with staff and exploring strategies to increase
awareness and strengthen services within DPS. Dr. L’Homme stated that this is a huge undertaking and he
needs everyone’s help to embrace these students. Chair Carter shared the need for bi-lingual social workers
in DPS as there are currently none. Reverend Page recommended a joint retreat to address this community
issue and to include representatives from the Health Department and DSS.
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September 15, 2014
Page 5
Chair Carter shared that the DPS Board of Education is preparing to ask legislators for the power to decide
when the county adds a new charter school, and that this would be an item on this year’s Legislative Agenda.
In addition, she asked County Commissioners to join the school district in asking lawmakers to give school
districts the authority to grant charters.
Durham County Manager, Mr. Wendell Davis, thanked both Boards for a good and fruitful conversation. He
suggested the creation of a MOU with respect to future conversations regarding funding versus arguing over
dollars and cents.
Board Chair Carter stated that the district is pleased to have this opportunity for the Boards to meet together
and thanked everyone for coming.
Having no further discussion, the meeting was adjourned at 11:31 a.m. The next quarterly meeting of the
Boards is scheduled for 9:00 a.m. on Monday, December 15, 2014 at the Board of County Commissioners’
Chambers, 200 East Main Street, Durham, NC.
________________________________________
Heidi Carter, Chairperson
________________________________________
25
Board of Education
PRECIS
Agenda Item:
Calendar Approval - Traditional Schools 2015–2016
Kendra O’Neal-Williams
Phone #: 560-3699
Main Points:
•
In November 2013, the calendar development committee comprised of parents, teachers, and
administrators met to develop calendar drafts A and B for the 2015–2016 traditional school year.
•
Each school community reviewed the drafts and constituents had the option of giving feedback to
the School Improvement Team (SIT) and/or the Community Education Department. School
communities were asked to vote for traditional calendar drafts A or B, and a vote form was signed
by the principals and SIT chair.
•
Administration recommends Calendar Draft A with modification based on the responses received
from traditional schools.
•
Administration is presenting this information to the committee for discussion and subsequent
approval.
•
None
•
Goal 1 – Ensure achievement of high academic performance by all students.
Purpose
Information
Reviewed by:
Discussion
Finance ___
Action
Consent
Attorney ___
26
DRAFT A (MODIFIED)
DURHAM PUBLIC SCHOOLS — 2015/2016 TRADITIONAL CALENDAR
181 DAY STUDENT/STAFF CALENDAR
FIRST DAY
AUGUST 24, 2015
JULY 2015
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AUGUST 2015
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12 NT
13 NT
14 NT
15
16
17 W
18 RW
19 RW
20 W
21 W
22
23
30
24
25
26
27
28
29
31
AUGUST
M
T
W
T
F
S
1
2
3
4
5
M
T
W
T
3
4
5
6
7
10
11
12
13
17
18 H
19 WI
OCTOBER
24
25
26
October 21, Early Release
October 26, Teacher Workday
31
SEPTEMBER
September 7, Labor Day
September 23, Early Release
November 11, Veterans Day
November 18, Early Release
November 25, Teacher Workday
November 26-27, Thanksgiving Holiday
S
DECEMBER
December 9, Early Release
December 21-31, Winter Break
January 1, New Year’s Day
January 18, Martin Luther King Holiday
January 19, Teacher Workday
January 27, Early Release
7H
8
9
10
11
12
13
14
15
16
17
18
19
FEBRUARY
February 15, Teacher Workday
February 24, Early Release
20
21
22
23 ER
24
25
26
MARCH
27
28
29
30
OCTOBER 2015
M
T
W
T
F
S
1
2
3
F
S
1H
2
8
9
14
15
16
20
21
22
23
27 ER
28
29
30
FEBRUARY 2016
NOVEMBER
6
S
JANUARY 2016
S
August 12-14 New Teacher Workdays
August 17-21, Teacher Workdays
August 24, First Day of School
JANUARY
SEPTEMBER 2015
S
LAST DAY
JUNE 9, 2016
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 WI
16
17
18
19
20
21
22
23
24 ER
25
26
27
28
29
F
S
MARCH 2016
S
M
T
W
T
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ER
17
18
19
25 H
26
20
21
22
23
24
March 16, Early Release
March 25-April 1, Spring Break
March 28, Teacher Workday
27
28 W
29 A
30 A
31 A
APRIL
S
April 18, Utility Day
April 19, Teacher Workday
April 27, Early Release
APRIL 2016
3
10
M
T
W
T
F
S
1A
2
4
5
6
7
8
9
11
12
13
14
15
16
20
21
22
23
27 ER
28
29
30
4
5
6
7
8
9
10
11
12
13
14
15
16
17
May 30, Memorial Day
17
18
19
20
21 ER
22
23
24
JUNE
24
25
25
26 W
27
28
29
30
31
June 9, Last Day of School
June 10, 13 Teacher Workdays
S
M
T
W
T
F
S
1
2
3
4
5
6
7
NOVEMBER 2015
MAY
S
M
T
W
T
F
S
INCLEMENT WEATHER DAYS
1
2
3
4
5
6
7
8
9
10
11 H
12
13
14
November 25
January 19
February 15
April 18-19
June 10
15
16
17
18 ER
19
20
21
22
23
24
25 WI
26 H
27 H
28
29
30
CALENDAR KEY
DECEMBER 2015
S
6
M
7
T
W
T
F
S
1
2
3
4
5
8
9 ER
10
11
12
13
14
15
16
17
18
19
20
21 A
22 A
23 H
24 H
25 H
26
27
28 A
29 A
30 A
31 A
First/Last Day of School
A Annual Leave
H Holiday
End of Quarter
ER Early Release
I Inclement Weather
NT New Teacher
W Teacher Workday
RW Required Teacher Workday
U Utility
* Utility Day = no school for staff and students
* Last day of school is an early release day.
18 UI 19 WI
26
MAY 2016
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 H
31
JUNE 2016
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10 RWI
11
12
13 RW
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
27
Board of Education
PRECIS
Agenda Item:
Calendar Approval – Year-Round Schools 2015–2016
Kendra O’Neal-Williams
Phone #: 560-3699
Main Points:
•
In November 2013, the calendar development committee comprised of parents, teachers, and
administrators met to develop calendar drafts 1 and 2 for the 2015–2016 year round school year.
•
Each school community reviewed the drafts and constituents had the option of giving feedback to
the School Improvement Team (SIT) and/or the Community Education Department. School
communities were asked to vote for traditional calendar drafts 1 or 2, and a vote form was signed
by the principals and SIT chair.
•
Administration recommends Calendar Draft 1 based on the responses received from year round
schools.
•
Administration is presenting this information to the committee for discussion and subsequent
approval.
•
None
•
Goal 1 – Ensure achievement of high academic performance by all students.
Purpose
Information
Reviewed by:
Discussion
Finance ___
Action
Consent
Attorney ___
28
DRAFT 1
DURHAM PUBLIC SCHOOLS — 2015/2016 YEAR ROUND CALENDAR
181 DAY STUDENT/STAFF CALENDAR
FIRST DAY
JULY 20, 2015
JULY 2015
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8 NT
9 NT
10 NT
11
12
13 W
14 W
15 RW
16 W
17 W
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AUGUST 2015
S
M
T
W
T
F
S
1
2
3
4
5 ER
6
7
8
9
10
11
12
13
14
15
16
17
18
19 RW
20
21
22
23
24
30
31
25
26
27
28
29
M
T
W
T
F
S
1
2
3
4
5
6
7H
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ER
24
25
26
27
28 RW
29 A
30 A
OCTOBER 2015
S
M
T
W
4
5I
6I
7I
11
12 I
13 I
18
19
25
26
JULY
July 8-10, New Teacher Workdays
July 13-17, Teacher Workdays
July 20, First Day of School
AUGUST
August 5, Early Release
August 19, Teacher Workday
SEPTEMBER
September 7, Labor Day
September 23, Early Release
September 28, Teacher Workday
September 29-30, Annual Leave
OCTOBER
October 1, Annual Leave
October 2-16, Intercession
October 21, Early Release
NOVEMBER
November 11, Veterans Day
November 18, Early Release
November 25, Annual Leave
November 26-27, Thanksgiving Holiday
T
F
S
1A
2I
3
8I
9I
10
14 I
15 I
16 I
17
20
21 ER
22
23
24
27
28
29
30
31
NOVEMBER 2015
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11 H
12
13
14
December 9, Early Release
December 21-31, Winter Holiday/
Intercession/Annual Leave
JANUARY
January 1, New Year’s Day
January 4-7, Intercession
January 8, Teacher Workday
January 18, Martin Luther King Holiday
January 27, Early Release
FEBRUARY
February 15, Teacher Workday
February 24, Early Release
MARCH
March 14-15, Teacher Workdays
March 16, Annual Leave
March 17, Utility Day
March 18-March 31, Intercession/Holiday
APRIL
April 1, Annual Leave
April 27, Early Release
MAY
May 30, Memorial Day
JUNE
June 10, Last Day of School
June 13-14, Teacher Workday
15
16
17
18 ER
19
20
21
INCLEMENT WEATHER DAYS
22
23
24
25 A
26 H
27 H
28
February 15
March 14, 15, 16, 17
29
30
DECEMBER 2015
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9 ER
10
11
12
13
14
15
16
17
18
19
20
21 A
22 A
23 H
24 H
25 H
26
27
28 A
29 A
30 I
31 I
JANUARY 2016
S
M
T
W
T
F
S
1H
2
3
4I
5I
6I
7I
8W
9
10
11
12
13
14
15
16
17
18 H
19
20
21
22
23
24
25
26
27 ER
28
29
30
31
FEBRUARY 2016
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 Wi
16
17
18
19
20
21
22
23
24 ER
25
26
27
28
29
F
S
MARCH 2016
DECEMBER
SEPTEMBER 2015
S
LAST DAY
JUNE 10, 2016
CALENDAR KEY
First/Last Day of School
A Annual Leave
H Holiday
End of Quarter
ER Early Release
i inclement Weather
I Intersession
NT New Teacher
W Teacher Workday
RW Required Teacher Workday
U Utility Day
Last day of school is an early release day.
Utility Day = no school for staff and students
S
M
T
W
T
1
2
3
4
5
6
7
8
9
10
11
12
13
14 Wi
15 Wi
16 Ai
17 Ui
18 I
19
20
21 I
22 I
23 I
24 I
25 H
26
27
28 I
29 I
30 I
31 I
APRIL 2016
S
M
T
W
T
F
S
1A
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ER
28
29
30
S
M
T
W
T
F
S
1
2
3
4
5
6
7
MAY 2016
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 H
31
JUNE 2016
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13 RW
14 W
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
29
Calendar Approval
Traditional and Year-Round Schools
2015-2016
Board of Education
September 25, 2014
Kendra O’Neal Williams
Director, Community Education
30
Calendar Law
• Opening date no earlier than the Monday closest to August 26
(Traditional)
• Closing date no later than Friday closest to June 11 (Traditional)
• Minimum of 185 days or 1,025 hours (DPS)
• Minimum of 10 Workdays
• 2015-2016 Holidays depending on where Christmas falls
– Labor Day, Veterans Day*, Thanksgiving (2), Christmas (3), New Years Day,
Martin Luther King Day, Good Friday, and Memorial Day.
• 10 Annual Leave Days
• Inclement Weather Plan
*Any holiday except Veterans Day may be moved to a different day
31
Calendar Committee
Membership
• Central Services staff and parents, administrators, and school staff
representatives from all schools were invited to craft draft calendars.
Process
• Calendar committee meetings were held in December.
• Two draft calendars respectively were created for traditional and year-round
schools.
• Draft calendars were sent to school principals, SIT chairpersons, and calendar
committee participants.
• School communities voted and submitted calendar recommendations to the
Community Education Department.
• Both traditional and year round drafts were reviewed and modified by
calendar committees and Central Services in Summer 2014 to accommodate
215 day contract for teachers. Original drafts included 216 days.
32
Traditional Draft A with modifications
Draft A - original
Draft A - modified
Number of Workdays: 14
Number of Workdays: 13
All State Employee Holiday = March 25
but not observed on Draft A:
• State Employee Holiday not observed
on Friday, March 25
• March 25 = teacher workday/student
inclement makeup
• March 28 = State holiday observed
Recommend: State Employee Holiday
observed on Friday, March 25
• March 25 = Holiday
• March 28 = Teacher workday/student
inclement weather make up day
Number of Utility Days: 0
Number of Utility Days: 1 (April 18)
Last Day of School: June 8
Last workday for teachers: June 13
Inclement weather: 6 days
Last day of School: June 9
Inclement weather: 6 days
33
Traditional Drafts for 2015-16
Draft A modified
Draft B
Workdays: Before (5), During (6), After (2)
Utility Days: 1 (April 18)
Winter Break: December 21– January 1
Utility Days: 0
Winter Break: December 21 – January 1
Days in 1st Semester: 89
Days in 2nd Semester: 92
Student Spring Break: March 28 – April 1
Good Friday Observed: Friday, March 25
Memorial Day: May 30
Student Spring Break: March 21 – March 25
Good Friday Observed: Friday, March 25
Memorial Day: May 30
Last Day of School: June 9
Inclement weather: 6 days (1 before January)
Last day of school: June 8
Inclement weather: 6 days (2 before January)
34
Year-Round Drafts for 2015-16
Draft 1
Draft 2
1st Day of School: July 20
Utility Days: 1
1st Day of School: July 15
Utility Days: 0
Intersession:
Fall: September 28 – October 16
Winter: December 21 – January 8
Spring: March 14 – April 1
Intersession:
Fall: September 21 – October 9
Winter: December 21 – January 8
Spring: March 21 – April 8
Inclement Weather: 5 (all in 2nd semester)
Inclement Weather: 5 (all in 2nd semester)
35
Discussion
36
BOARD OF EDUCATION
PRECIS
Agenda Item:
Blackboard Connect Contract
Phone #
Elaine Batten
Chrissy Pearson
560-2654
560-9112
Main Points:

Blackboard Connect provides the licenses, maintenance, and support for our ConnectEd
communications system tool for providing parents, community, employees, and students
with essential information via telephone calls for outreach, emergency, and attendance
purposes as well as other areas of needed communications. It is integrated with our
student (PowerSchool) and human resource management system (HRMS) to ensure up to
date and accurate calling data. Public Information and Community Engagement (PICE)
is currently working on a plan to add the texting function to our menu of uses.

This one-year contract (with option to administratively renew annually for an additional
two years) is needed to maintain our continued use of this important system.
Administration submits this contract for approval.
The cost of the Blackboard Connect 2014-15 contract is $121,782. The contract cost is based on
average daily membership and would be used to calculate the subsequent contract renewal
expense.
Purpose
Information
Discussion
Reviewed by:
Finance
Action
AB
Attorney
Consent
BJ
37
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 SERVICES AGREEMENT This SERVICES AGREEMENT, which shall supersede and replace the Blackboard Connect Services Agreement dated July 1, 2011, (this “Agreement”) is entered into by and between Durham Public Schools Board of Education, the governing body of the Durham Public Schools, North Carolina (the “Customer”) and Blackboard Inc. (“Blackboard ”) (collectively, the “Parties” and individually, the “Party”), whereby the Customer wishes to utilize the Blackboard Connect Service (the “Service”), on behalf of itself and the schools within the Customer’s district (with such schools to be included in the defined term “Customer” used herein), subject to and in accordance with the following terms and conditions and other good and valuable consideration, the receipt of which are hereby acknowledged. Accordingly, the Parties hereby agree as follows: 1.
The Blackboard Connect Service. In consideration for the Service Fee (as defined below), Blackboard shall provide the Customer with the Service to send unlimited emergency and outreach notifications to parents of enrolled students, administrators, faculty, staff, and board members (individually, a “Recipient,” and collectively, the “Recipients”). The Customer will provide all contact data for Recipients (the “Recipient Data”). Telephone messages may only be sent to telephone numbers from the North American Numbering Plan from the 48 contiguous United States, Alaska, Hawaii, and Puerto Rico. Additional charges incurred by the Recipient for messages, including but not limited to text message fees or data fees shall be payable by the Customer or Recipient. The Service will include training and 24/7/365 Client Care Support for all designated Customer users. 2.
Term; Termination. This Agreement will commence on July 1, 2014 (the “Service Start Date”) and will end on June 30, 2015 (the “Initial Term”). Thereafter, the Agreement may be renewed by mutual written agreement of the parties for two (2) additional one (1) year terms (each, a “Renewal Term,” and collectively with the Initial Term, the “Term”). Notwithstanding the foregoing, if Customer inputs any information or other data into Blackboard Connect’s systems prior to the Service Start Date in order to prepare for the start of the Service and/or sends any messages prior to the Service Start Date, the Customer expressly accepts that the terms and conditions of this Agreement will also apply during that earlier period. a.
3.
Termination with Cause. Either Party may terminate this Agreement in the event of a material breach by the other Party, which breach remains uncured for thirty (30) days following written notice to the breaching Party. In the event of a termination by Customer for an uncured material breach, the Customer will receive a prorated refund of the annual Service Fee (minus the Support Fee if any) calculated from the date of termination to the end of the applicable annual period. This Agreement can be terminated immediately by Blackboard for non‐payment. b. Effect of Termination. In the event of termination or expiration of this Agreement, the Customer will: (i) immediately discontinue access to and/or use of the Service under this Agreement; (ii) pay to Blackboard all amounts due and payable under this Agreement if terminated by Blackboard; and (iii) return all documentation and related training materials to Blackboard within a reasonable time at the Customer’s cost. Any termination of this Agreement will not affect any rights or liabilities of either Party that accrued prior to such termination. Sections 2, 4, 6, 7, 8, 9, 10 and 14 will survive the expiration or termination of this Agreement for any reason. Service Fee. In consideration for the use of the Service during the Initial Term, the Customer will pay Blackboard the following annual fees (collectively, the “Service Fee”): Product Name Description
Units
Initial Term First Renewal Term Second
Renewal Term Blackboard Connect Basic Service Renewal Blackboard Connect Basic Service
Emergency, Attendance, Outreach ($3.60 per recipient) 24x7x365 Support
Unlimited Online Training 32,995
$118,782
$118,782 $118,782
1
$3,000
$3,000 $3,000
$121,782
$121,782 Blackboard Connect Support Service Sales Order Total Fee (Initial Term): a.
$121,782
Payment Terms. i.
4.
Customer will be invoiced for the Initial Term fee, outlined above, upon execution of the Agreement. and is due within 30 days of invoicing; thereafter, the annual Service Fee will be due at the beginning of each annual period and is due within thirty (30) days after the date of an invoice from Blackboard.. ii. For the First and Second Renewal Terms beyond the expiration of the Initial Term, the Service Fee will be at the above‐
referenced pricing. Any subsequent Renewal Terms shall be at mutually negotiated pricing. iii. Late payments may be assessed at the lesser of 1.5% per month or the maximum allowable rate under applicable law. iv. The fees hereunder do not include any sales, use, or other taxes, government fees or levies on the provision of the Service. Customer will be responsible for payment of all applicable taxes, fees or levies, unless the Customer is exempt therefrom and provides Blackboard with a copy of Customer’s tax exemption certificate or number. All payments to Blackboard shall be made without any deduction or withholding, unless required by applicable law in which the Customer shall ensure that the net amount actually received by Blackboard from the Customer equals the full amount Blackboard would have received had no such deduction or withholding been required. Confidentiality. Each Party and their respective employees, contractors, agents, assigns and successors in interest agree to maintain the confidentiality of the other Party’s Confidential Information (as defined below), with no less than a reasonable degree of care and in BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v2 (8‐27‐14) Page 1 of 15 38
5.
6.
7.
8.
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 accordance with applicable state and federal law. Blackboard “Confidential Information” shall include, but not limited to, the Service and all documents relating to the provision of Service including but not limited to the training guides and manuals, Recipient Data, and any student records or personally identifiable information contained in student records that may be obtained in the course of providing services to the Customer under this Agreement. Each Party agrees to limit access to the Confidential Information to those of its employees and agents who have a business need for the access and who have been clearly informed of their obligation to maintain the confidential, proprietary and/or trade secret status of such Confidential Information. Blackboard does not rent, trade, or sell Recipient Data received from Customer to third parties, and will only disclose information as necessary to comply with applicable laws and government orders or to operate or maintain the Service. Privacy Policy and Acceptable Use Policy. The Customer agrees to comply with Blackboard’s Acceptable Use Policy attached hereto as Exhibit A and incorporated herein and Privacy Policy attached hereto as Exhibit B and incorporated herein (collectively, the “Policies”). In the event of an express conflict between the terms of the Agreement and the terms of the Policies, the terms of the Agreement will prevail. Representations and Obligations. The Customer represents and warrants that: (i) it will comply with all applicable laws, regulations and contracts in use of the Service and with respect to the content and transmission of its messages sent using the Service; (ii) it will use best efforts in providing accurate and complete Recipient Data; (iii) it has met all legal, regulatory and contractual requirements in providing, and using, the Recipient Data, in connection with the Service, including, but not limited to, obtaining requisite consents to call a Recipient; (iv) it will maintain the confidentiality of its password and account information, and agrees to notify Blackboard Connect in the event of an actual or suspected unauthorized access to its account, or if it loses its account information; (v) it will have in place primary safety and emergency response procedures in the event of an emergency (including without limitation, notifying 911 or equivalent, fire, police, emergency medical, and public health, collectively, “First Responder Services”) which do not utilize the Service; (vi) it will not subject Blackboard to any regulations or laws due to the import of certain Recipient Data; (vii) it will not send messages to Recipients who have opted out of receiving messages from the Customer; (viii) if Customer purchases data from Blackboard, it will only use such data purchased from Blackboard to contact individuals pursuant to the use of the Service and is prohibited from downloading or making copies of such data purchased from Blackboard if such activity would violate an applicable law, regulation or contract; and (ix) it will not use the Service in combination with products or services not provided by Blackboard or in a manner for which the Service was not designed, which would cause the Service to infringe on a third party intellectual property right. The Customer agrees to defend, indemnify and hold harmless Blackboard against any damages, losses, liabilities, settlements, and expenses (including without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action that arises from the content or effects of any messages the Customer distributes using the Service or the Customer’s use of the Service, unless the message is altered or communicated inaccurately for any reason by Blackboard. Limitation of Liability. In no event will either party, its officers, employees, representatives or licensors be liable to the other for any indirect, punitive, reliance, special, consequential, exemplary, or other similar damages of any kind or nature whatsoever, suffered by either party or any third party (including without limitation, business interruption, downtime, or any use of, or failure to use the Service, or any loss of business, contracts, profits, anticipated savings, goodwill or revenue, or any loss or corruption of data), arising out of this Agreement, the Service, or the transactions contemplated hereby, even if a Party has been advised of the possibilities of such damages or should have foreseen such damages. Blackboard, its officers and employees will not be liable for any damages or injury with respect to the performance of the Service, including, but not limited to, any failure of performance, error, omission, defect, delay, computer virus, or line failure, interruptions or disruptions in the services contemplated under this Agreement caused by or resulting from any act, omission or condition beyond Blackboard’s reasonable control, whether or not foreseeable or identified, including but not limited to, transmission errors, or corruption or security of information carried over telecommunication lines, failure of digital transmission links, hostile network attacks or network congestion, or acts of God, acts of war, governmental regulations, public utilities or telecommunication providers, shortage of equipment, materials or supplies, fire, power failure, earthquakes, severe weather, floods or other natural disaster or the Customer’s or any third party’s applications, hardware, software or communications equipment or facilities, unless same results from the intentional or willful acts of Blackboard. Under no circumstances will the aggregate liability of Blackboard to the Customer or any third party arising out of or related to this Agreement or the provision of the Service, exceed the aggregate fees paid to Blackboard under this Agreement during the 24 month period immediately prior to the event, act or omission giving rise to such liability, regardless of whether any action or claim is based on warranty, indemnification, contract, tort or otherwise. The existence of multiple claims will not enlarge this limit. The foregoing limitations of liability are intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Nothing contained in the foregoing limits or excludes the liability of Blackboard for liability which cannot be excluded solely by law. Notwithstanding anything contained herein to the contrary, the Customer shall be responsible for all claims and damage resulting from the misuse of the Service by the Customer or its users including reimbursement of any expenses incurred by Blackboard in defending claims arising from such misuse. The Parties acknowledge and agree that the fees, limitations of liability and remedies reflect the allocation of risk between the Parties, and that Sections 7 and 8 are essential elements of the basis of the bargain between the Parties and that in its absence, the economic terms of this Agreement would be substantially different. Blackboard reserves the right to modify or remove any functionality that may be alleged to infringe a third party’s intellectual property rights. Limited Warranty. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITED UNDER APPLICABLE LAW, BLACKBOARD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, DATA ACCURACY, SATISFACTORY QUALITY, AND/OR QUIET ENJOYMENT. NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS CUSTOMER MAY HAVE, OR THAT THE SERVICE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION, EXCEPT BLACKBOARD REPRESENTS THAT THE SERVICE SHALL GENERALLY PROVIDE CUSTOMER THE ABILITY TO SEND UNLIMITED MESSAGES AS OUTLINED IN THIS AGREEMENT. BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO OR OF ACCURACY OF THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE. In the event of the Service’s failure to comply with this Agreement, the Customer’s sole remedy shall be to terminate the Agreement. The Customer acknowledges and agrees that the Service is not intended, nor designed, for use in high risk activities, or in any situation where failure of the Service could lead to death, personal injury, or damage to property, or where other damage could Page 2 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 39
9.
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 result if an error occurred and the parties further agree that, to the extent not prohibited by applicable law, Blackboard shall not be liable for any death, personal injury or damage to property. The Customer also acknowledges and agrees that the primary recourse of the Customer in the event of any actual or potential threat to person or property should be to contact First Responder Services and that the Service is not intended to replace First Responder Services, or to be used for communicating with, or replace notification to, or interoperate directly with, First Responder Services, which should have already been notified and deployed prior to using the Service. Blackboard Infringement Obligations. If any third party brings a claim against Customer alleging that the Blackboard products or services infringes a U.S. or European patent or a copyright under applicable law of any jurisdiction in which Customer is using the Blackboard products or services, Customer must promptly notify Blackboard in writing and make no admission in relation to such alleged infringement. Provided that Customer has promptly fulfilled all of the foregoing obligations and is not in material breach of the Agreement, Blackboard shall at its own expense and option: (a) indemnify, defend, and settle such claim, (b) procure Customer the right to use the Blackboard products and services,(c) modify or replace the Blackboard products and services to avoid infringement; or (d) refund the applicable fee paid for the current term. In the event that Blackboard exercises options (a) above, it shall have the sole and exclusive authority to defend and/or settle any such claim or action, provided that Blackboard will keep Customer informed of, and will consult with any independent legal advisors appointed by Customer at Customer’s own expense regarding the progress of such defense. 10. Monitoring and Auditing. Blackboard shall cooperate with the Customer, or with any other person or agency as directed by the Customer, in monitoring, auditing, or investigating activities related to this Agreement. Blackboard shall permit the Customer to evaluate all activities conducted under this contract as dictated by the Customer. Blackboard shall provide auditors retained by the Customer with access to any records and files related to the provision of services under this Agreement. 11. Lunsford Act/Criminal Background Checks. Blackboard acknowledges that G.S. § 14‐208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. Blackboard shall provide certification that it has conducted sexual offender registry checks on each of its owners, employees, agents or subcontractors who will engage in any service on or delivery of goods to Customer property or at a Customer sponsored event (checks can be conducted at no cost at http://www.nsopw.gov/). Blackboard shall not assign any individual to deliver goods or provide services on Customer property or at a Customer sponsored event if said individual appears on any of the listed registries. 12. Applicable Laws. Blackboard shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Blackboard shall not employ any individuals to provide services to the Customer who are not authorized by federal law to work in the United States. Blackboard represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E‐Verify system for employers who employ twenty‐five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Blackboard shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. North Carolina law will govern the interpretation and construction of the Agreement. Blackboard shall comply with the Affordable Care Act and accompanying IRS and Treasury Department regulations. 13. Applicable Durham Public Schools Board of Education Policies. Blackboard acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Board of Education and agrees to abide by any and all relevant board policies while on its property. Blackboard acknowledges that these policies are available online on the Customer’s website. In particular, Blackboard acknowledges that it has received copies of or has access to (via the Durham Public Schools’ website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. 14. Miscellaneous. The Customer acknowledges and agrees that the Confidential Information and all other materials pertaining to the use of the Service are not purchased or developed with Customer funds. Accordingly, nothing in this Agreement grants or transfers to the Customer any ownership rights in the foregoing materials or the Service. Each Party may seek any relief, including equitable relief provided under law. The Customer is expressly prohibited from reproducing, modifying, duplicating, copying, making derivative works, publicly displaying, or otherwise exploiting, in whole or in part, the member pages of the Blackboard website without the express written permission of Blackboard Connect. This Agreement will be governed and interpreted in accordance with the governing law of the state of the Customer. In addition to any other relief awarded, the prevailing party in any action arising out of this Agreement shall be entitled to its reasonable attorneys’ fees and costs. Failure by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement. In the event that any provision of this Agreement is invalid under applicable law, the remainder of this Agreement will continue in full force and effect, and the Parties will replace the invalid provision with one that, as much as possible, reflects the original intentions of the Parties and is valid under applicable law. Blackboard is providing a service to the Customer as an independent contractor. No provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other than Blackboard or Customer, any rights, remedies or other benefits under or by reason of this Agreement. All notices to Blackboard must be in writing and may be delivered in person or by courier, sent by facsimile, or mailed postage prepaid, return receipt requested to the attention of the Legal Department at the address on the signatory page. Notices to the Customer must be in writing and may be delivered in person or by courier, sent by facsimile, or mailed by certified or registered mail, postage prepaid, return receipt requested to the address on the signature page and to the attention of the signatory. Any notices will be effective upon receipt by the Party receiving such notice. Neither Party may assign this Agreement without the other Party’s prior written consent, provided, that Blackboard may assign this Agreement without the Customer’s prior consent to (i) a parent, subsidiary or affiliate of Blackboard or (ii) any entity or successor that acquires all or substantially all of the business, stock, or assets of Blackboard. Any assignment made in conflict with this provision shall be void subject to the foregoing, and this Agreement shall benefit and bind the permitted successors and assigns of the Parties. The Agreement may be executed in counterparts and a signature on a copy of this Agreement received by either Party by facsimile is binding upon the other Party as an original. This Agreement expresses the complete and final understanding of the Parties with respect to the subject matter hereof, and supersedes all Page 3 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 40
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 prior communications between the Parties, whether written or oral with respect to the subject matter hereof. Except as stated herein, this Agreement may be amended only in writing that refers explicitly to this Agreement and that is signed by an authorized representative of both Parties. By signing below, the Customer represents and warrants that it has read and understands all applicable parts of this Agreement, including the Policies, and that person who has signed this Agreement for the Customer is authorized to execute and deliver this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date of execution of this Agreement. Customer: Durham Public Schools Board of Education Blackboard (“Blackboard”) Signature Signature Heidi Carter Tess Frazier Chair Vice President Date Date Attest: Dr. Bert L’Homme, Superintendent This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Officer Date Page 4 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 41
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 EXHIBIT A ACCEPTABLE USE POLICY This ACCEPTABLE USE POLICY ("AUP") is made by and between Blackboard Connect Inc., a wholly‐owned subsidiary of Blackboard Inc. (Nasdaq: BBBB) and a Delaware corporation, with offices at 15301 Ventura Blvd., Building B, Suite 300, Sherman Oaks, California 91403 ("Blackboard" or "we" or "our or "us"), and you ("you" or "your"). This AUP states our policy on the acceptable use of the Blackboard Website and the Messaging Services (as defined below) (collectively, the "Blackboard Services"). This AUP is intended to protect us, our Blackboard Services, and our Clients, against improper or illegal activities. You are responsible for complying at all times with this AUP, as well as any posted modifications to this AUP. If you do not accept this AUP, you may not access or use the Blackboard Services. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BLACKBOARD SERVICES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE BLACKBOARD WEBSITE, IS TO STOP USING THE BLACKBOARD WEBSITE AND/OR THE MESSAGING SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS AUP BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY OF THE BLACKBOARD SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AUP, DO NOT ACCESS OR USE ANY PART OF THE BLACKBOARD SERVICES. THE MOST CURRENT VERSION OF THIS AUP, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "ACCEPTABLE USE POLICY" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE OF THE BLACKBOARD WEBSITE.  TERMINOLOGY "Client" refers to a natural person, entity, organization, or agency that has entered into a Client Services Agreement with Blackboard for the receipt of the Messaging Services, as such terms are described below. Certain portions of the Blackboard Website are available only to an Blackboard Client. "Client Data" refers to the contact information for the Client and the Client's intended message recipients, which are provided to Blackboard by the Client pursuant to the provision of the Messaging Services. Client Data may or may not include, personally identifiable information. Client Data is imported from the client’s database into the Blackboard database via a secured connection on the Internet and over encrypted lines using Secure Sockets Layer (SSL). "Blackboard Data" refers to contact information for the Client’s intended message recipients licensed to a Client by Blackboard, pursuant to the provision of the Messaging Services. Blackboard Data may or may not include personally identifiable information. "Client Services Agreement" refers to the additional written contract executed by, and applicable to, a Client in receipt of the Messaging Services, either for a fee or no fee. These may be in the form of a Services Agreement, License Agreement, Trial Services Agreement, End User Services Agreement, Promotional Agreement, or any other written agreement between Blackboard and the Client. The AUP is incorporated by reference into the Client Services Agreement and visa versa. "Client Terms" refers to the additional terms and conditions which are applicable to a Client and which supplement the Client Services Agreement ("Client Terms"). "Messaging Services" are available only to a Client who has executed a Client Services Agreement with NTI, and refer to any one or all of the services provided by Blackboard, which include, the Connect‐ED® service (the "Connect‐ED Service"), the Connect‐CTY® service (the "Connect‐CTY Service"), the Connect‐MIL® service (the "Connect‐MIL Service") the Connect‐GOV® service (the "Connect‐GOV Service") the Connect‐ORG® service (the "Connect‐ORG Service"), "TRY NOW" pages related to any of the aforementioned Connect‐ services, or any other notification service provided by Blackboard. The Messaging Services facilitate the dissemination of messages via varying communication media. The Client’s primary recourse in the event of any actual or potential threat to person or property, should be to contact First Responders such as, for example purposes only, 911, fire, police, emergency medical, and public health. The Messaging Services are intended to augment First Responder services that have already been notified and deployed and are not designed for use in high risk activities or in any other situation where failure of the Messaging Services could lead to death, personal injury, or damage to property, or where other substantial damage could result if an error occurred. "NTI Services" refers to the Messaging Services and the Blackboard Website. The Client is responsible for installing, operating and maintaining the equipment, telephone, connection to the World Wide Web, and web browser interfaces, for access to, and use of, the Blackboard Services. "Blackboard Website" refers to the web sites owned and operated by Blackboard, which include, www.blackboardconnect.com, www.notification.com, www.ntigroup.com, www.nticonnectcty.com, www.nticonnected.com, www.nticonnectgov.com, www.nticonnectmil.com, www.nticonnectorg.com, and any other website associated with the business of Blackboard, including "TRY NOW" websites pertaining to the aforementioned services. Any reference to the Blackboard Websites includes any one, or all, of the aforementioned web sites, or any other Uniform Resource Locator ("URL") addresses with which Blackboard replaces or adds to, the aforementioned URLs. "PRIVACY POLICY" refers to the privacy practices of Blackboard, which are applicable to all Users of the Blackboard Services. "User" refers to any natural person, entity, organization or agency which uses the Blackboard Website and/or the Messaging Services. Accordingly, a User may, or may not, be a Client. NOTE:  Except as expressly stated otherwise in this AUP, the singular includes the plural and the plural, the singular.  Any reference to the requirement for 'written permission', 'written consent', or 'written authorization' of Blackboard, refers expressly to the written permission from the Blackboard Chief Operating Officer, the Blackboard Chief Executive Officer, or the Blackboard Chief Financial Officer.  User's Acknowledgment and Acceptance of the Acceptable Use Policy Blackboard provides the Blackboard Services subject to your compliance with all the terms, conditions, and notices contained or Page 5 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 42
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 referenced herein as well as in any other written agreement between Blackboard and you if you are a Client. Blackboard reserves the right to change the AUP from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the AUP periodically and to be aware of any modifications. Your continued use of the Blackboard Website and the Messaging Services (if you are a Client), after such modifications will constitute your acknowledgement of the modified AUP, and your agreement to abide and be bound by the modified AUP. 
Modifications; Interruptions to the Blackboard Website We reserve the sole right to modify or discontinue the Blackboard Website, including any features therein, at any time with or without notice to you and will not be liable to you or any third party should we exercise such right. You understand that Blackboard has no control over the third party networks that you access in order to use the Blackboard Website, and that interruptions of the Blackboard Website may occur due to disruption of other network transmissions, completely beyond our control. 
Privacy Policy The information we obtain through your use of the Blackboard Services, is subject to our PRIVACY POLICY, which is specifically incorporated by reference into this AUP. Please review our PRIVACY POLICY. Changes to the PRIVACY POLICY will be effective immediately upon notice thereof, which will be given by means of a written announcement on the home page and/or member sign‐in page on the Blackboard Website. 
Third Party Sites and Information The Blackboard Website may contain links to other websites, which are not maintained by, or related to, Blackboard. Links to these other websites are provided as a service to Users of the Blackboard Services. Blackboard is not responsible for the content, accuracy or opinions expressed in such third party websites. Blackboard does not investigate, monitor, or check these websites for accuracy or completeness, and the inclusion of any linked website on the Blackboard Website does not imply approval or endorsement of the linked website by Blackboard. If you decide to leave the Blackboard Website and access these third‐party sites, you do so at your own risk. 
Intellectual Property Information The material and content including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof, accessible from the Blackboard Website and any other website owned and operated by Blackboard, ('Content' ), is the property of Blackboard or the party that provided or licensed any part of the Content to Blackboard. As such, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Blackboard. The trademarks, logos, and service marks displayed on the Blackboard Website, are the registered and unregistered marks of Blackboard, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. Blackboard is the exclusive owner of all rights, title and interest in and to the Blackboard Services. The Blackboard logo, the PACE logo, the Blackboard word mark, Blackboard Technologies, One Penny Per Student Per Day, Blackboard Group, The Blackboard Group, Blackboard Group of Companies, Partnership for Academic and Community Excellence, No Hardware. No Software. No Additional Phone Lines., The Recognized Leader In School‐to‐Parent Communications, Better To Have It And Not Need It, Than Need It And Not Have It..., I'm OK Call, Connect‐ED, Get Connected With Connect‐ED, NTI Connect‐ED, Because Communication Matters, Connect‐CTY, Connect‐
GOV, Connect‐MIL, NTI Connect‐CTY, and the Connect‐CTY logo (collectively the "Blackboard Marks"), are trademarks or service marks of Blackboard Connect Inc.. Except as set forth in the limited license below, or as required under any applicable law, neither the Content, the Blackboard Marks, nor any other portion of the Blackboard Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without the prior written consent of the Legal Department at Blackboard. All contents of the Blackboard Website: Copyright © 2004‐2009 Blackboard Connect Inc. All Rights Reserved Worldwide.  Limited License We grant you a limited, revocable, and nonexclusive license to use the Blackboard Website to access the Messaging Services or to review information about our company and the Messaging Services. As a condition of your use of any of the Blackboard Services, you warrant to Blackboard that you will not use the Blackboard Website for any purpose that is unlawful or prohibited by the AUP. The limited license set forth in this Section means that you may NOT: (i) modify, download, or publicly display the Blackboard Website, or any portion thereof, or the Content (except caching or as necessary to view content); (ii) make any use of the Blackboard Website or the Content other than for permissible uses as described in these AUP; (iii) create any derivative work based on either the Blackboard Website or the Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other 'hidden text' utilizing our name or the Blackboard Marks without the express written consent of Blackboard; (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (vii) co‐brand, frame, or hyper‐link to the Blackboard Website, without the express written permission of Blackboard. For purposes of these AUP, "co‐branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to Page 6 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 43
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 give a user the impression that such other party has the right to display, publish, or distribute the Blackboard Website or the Content. You agree to cooperate with Blackboard in causing any unauthorized co‐branding, framing or hyper‐linking immediately to cease. 
Information and Press Releases The Blackboard Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press release. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us. 
Accuracy of Information We attempt to be as accurate as possible when describing the Blackboard Services; however, to the extent permitted by applicable law, we do not warrant that the Content available on the Blackboard Website is accurate, complete, reliable, current, or error free. 
Notice of Copyright Infringement We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information ("Notice"):  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  A description of the copyrighted work that you claim has been infringed;  A description of where the material that you claim is infringing is located on the Blackboard Website;  Your address, telephone number, and e‐mail address;  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. All notices to us must be in writing and may be made either via email or conventional mail in accordance with the 'Notices' section below.  Indemnification You will indemnify and hold Blackboard, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of the AUP by you, including any use of Content other than as expressly authorized in the AUP. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Blackboard Website and/or the Messaging Services.  Security of Blackboard Services You are prohibited from using any services or facilities provided in connection with the Blackboard Services to compromise security or tamper with system resources and/or Client Account Information (as defined below). The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of Blackboard’s system security, Blackboard reserves the right to release your details to law enforcement authorities and to system administrators at other sites in order to assist them in resolving security incidents. Blackboard will cooperate with law enforcement authorities or court orders requesting or directing Blackboard to disclose the identity of anyone sending communications via the Messaging Services, or publishing or otherwise making available any materials that are believed to violate the AUP.  CLIENT TERMS  Complete Agreement. Your Client Services Agreement and any amendments, addendums, exhibits, and schedules (as applicable), and these AUP, as the latter may be amended from time‐to‐time in Blackboard's sole discretion, constitute the entire agreement between Blackboard and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings, whether electronic, verbal, or written, between you and Blackboard, with respect to the Blackboard Website and the Messaging Services.  Access to the Messaging Services. To use the Messaging Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Messaging Services that all the information you provide is correct, current, and complete. If Blackboard believes that the information you provide is not correct, Blackboard has the right to refuse you access to the Messaging Services, and to terminate or suspend your access Page 7 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 44
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 
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pending correction. Only a Client, or a duly authorized individual acting on behalf of and under the direct supervision of a Client, can access and use the Messaging Services. Any new features that augment or enhance the then‐current Messaging Services shall also be subject to the AUP. Client Responsibility for Account Information. In order to access the Messaging Services as a Client, you will require a username, password, and/or other security‐related access information (collectively, "Account Information"). You are responsible for knowing who has access to your applications and servers and making sure that proper security precautions are taken with respect to your Account Information. You are responsible for all unauthorized use or misuse of the Messaging Services, due to your direction or lack of direction, control, lack of care in protecting Account Information, or failure to comply with the Client Services Agreement. You may not permit any individual or entity that is not an authorized User to use the Messaging Services. All the Account Information provided to you is deemed Confidential Information of Blackboard. You agree to (a) immediately notify Blackboard of any unauthorized use of any Account Information or any other breach of security pertaining to the Messaging Services, and (b) ensure that Users exit from their accounts at the end of each session. Blackboard cannot and will not be liable for any loss or damage arising from your or any User's failure to comply with this Section. We reserve the right to refuse service and terminate accounts, for any reason, in our sole discretion without prior notice. You may not transfer or share your Account Information with anyone. Responsibility for Your Content. We do not pre‐screen communications and are not responsible for screening or monitoring messages sent by you, although we reserve the right to do so. Representations. You represent and warrant that (i) the Messaging Services will be used solely for lawful purposes; (ii) you will not transmit messages using the Messaging Services in violation of any laws; and (iii) you have the authority to use each item of Client Data, disclose such data to Blackboard, and transmit messages to your intended recipients. Ownership. You acknowledge and agrees that no deliverables provided by Blackboard to you have been or will be purchased or developed with Client funds. Accordingly, nothing grants or transfers to you any ownership rights in the Messaging Services or materials pertaining to the provision of the Messaging Services. Confidentiality. You agree to maintain the confidentiality of Blackboard Confidential Information (as defined below), with the same degree of care you use to protect your own confidential and proprietary information, but in no event less than a reasonable degree of care. For the purposes of the Messaging Services, the term "Confidential Information" means the User Guide, the Blackboard Website, and all materials pertaining to your use of the Messaging Services. You agree to limit access to the Confidential Information to those of your employees and independent contractors who have a business need for the access and who have entered into appropriate confidentiality agreements with you. You are expressly prohibited from reproducing, modifying, duplicating, copying, making derivative works, displaying, or otherwise exploiting, in whole or in part, any portion of the Blackboard Website or the Confidential Information, without the express written permission of the Legal Department at Blackboard. Security of Messaging Services. Prohibited violations of the security or integrity of the Messaging Services include, but are not limited to, the following:  Attempting to log into or otherwise obtaining or seeking to obtain unauthorized access to any account or computer system. This includes, for example: (i) accessing data or information not intended for you or your use, (ii) attempting to probe, scan, or test the vulnerability of the Messaging Services, and (iii) tampering, hacking, modifying or otherwise corrupting, circumventing or breaching security or authentication measures without proper authorization;  Interfering with or attempting to interfere with the Messaging Services to any user, host, or network, by use of any program, script, command, or otherwise, including, overloading, "flooding," or "crashing" any computer system, or causing a User's screen to "scroll" faster than the user is able to follow to type to it, "trapping" users at any URL or site, or taking any action that has a similarly disruptive effect as any of the foregoing;  Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Messaging Services; and  Interfering with, intercepting or expropriating any system, data or information. "Spam" and Other Unsolicited Communications. You are prohibited from "spamming", "mailbombing", or from otherwise transmitting the same or similar unsolicited e‐mail messages, bulk commercial advertising, or chain letters to e‐mail groups (which are two or more e‐mail addressees aggregated as a single email addressee), newsgroups, bulletin boards, or to users that have requested that messages not be sent to them. This prohibition includes the following activities: 
Sending unsolicited commercial or other emails having large attachments to a single recipient; 
Collecting responses from mass unsolicited e‐mail messages; or Other Prohibited Activities. You cannot use the Messaging Services or permit others to use the Messaging Services in a manner that, in our reasonable judgment, is a use of the Messaging Services to: Page 8 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 45
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Using the Messaging Service to send unlawful, harmful, harassing, defamatory, threatening, cruel, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person's privacy or other rights or is likely to cause emotional distress (regardless of whether the foregoing is accomplished explicitly, impliedly, suggested through the use of symbols, or through frequency or size of presentation); Engage in or encourage conduct that would constitute fraud or would violate the laws of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, publicity, securities, telecommunications and tobacco; Offer, solicit, sell, buy, rent, or license any goods, products, services, or information in, from, or to any location in which such activity is unlawful; Engage in deceptive on‐line marketing; Advocate, promote, or otherwise encourage violence against any government, organization, group, individual or property, or to provide instruction, information, or assistance in causing or carrying out such violence; "Spoof" or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any e‐mail or other transmission; Attempt to intercept, redirect or otherwise interfere with communications intended for others; Send or post a message whose subject or content is unrelated to the subject matter of the newsgroup or bulletin board to which it is posted; Hold us, our affiliates, officers, employees and/or shareholders up to public scorn or ridicule; Engage in any activity that would subject us or our service providers to civil or other liability; Engage in any other activity using the Messaging Services that we, in our sole, reasonable discretion, deem to be inappropriate or an abuse of the Messaging Services; Make false or unverified complaints against any other subscriber, or otherwise abuse any complaint response procedure established with respect to the Messaging Services (or any part of the Messaging Services); or Misrepresent your relationship with Blackboard; Assist or permit any persons in engaging in any of the activities described above. 
Export Controls Software that may be available on or through the Blackboard Website from time‐to‐time, is subject to United States Export Controls. No software from the Blackboard Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 
International Use Although the Blackboard Website may be accessible worldwide, we make no representation that materials on the Blackboard Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Blackboard Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Blackboard Website is void where prohibited. 
Notices All notices to us must be in writing and may be made either via email or conventional mail. Notices to us must be sent to the attention of Legal Department at businessaffairs@blackboardconnect.com if by email, or at Legal Department, Blackboard Connect Inc., 15301 Ventura Blvd., Building B, Suite 300, Sherman Oaks, California 91403, if by conventional mail. Notices to you may be sent to the email address supplied for your Account or we may broadcast notices or messages through the Blackboard Website to inform you of changes to the Blackboard Website or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email. 
No Warranty You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for Page 9 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 46
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 accuracy of data input and output, and for maintaining a means external to the Blackboard website for any reconstruction of any lost data. Blackboard does not assume any responsibility or risk for your use of the internet. YOUR USE OF THE Blackboard WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Blackboard DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‐INFRINGEMENT. Blackboard DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE Blackboard WEBSITE WILL BE UNINTERRUPTED OR ERROR‐FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Blackboard WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blackboard DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Blackboard MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Blackboard, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE Blackboard WEBSITE OR THEIR CONTENT. Blackboard MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY Blackboard OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 
Limitation of Liability YOU AGREE THAT Blackboard WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE BLACKBOARD WEBSITE; (3) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF‐SITE LINKS ON THE BLACKBOARD WEBSITE; (5) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE BLACKBOARD WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD‐PARTY WEBSITE; OR (6) EVENTS BEYOND OUR REASONABLE CONTROL. IN NO EVENT, WILL BLACKBOARD BE LIABLE TO ANY USER FOR ANY CLAIMS RELATING IN ANY WAY TO ANY DECISION MADE OR ACTION TAKEN BY THE USER OR A THIRD PARTY IN RELIANCE OF THE BLACKBOARD WEBSITE OR THE MESSAGING SERVICES. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW BLACKBOARD WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE BLACKBOARD WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BLACKBOARD AND YOU. THE BLACKBOARD WEBSITE AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKBOARD THROUGH THE BLACKBOARD WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 
Governing Law With respect to any dispute regarding the Blackboard Website, your rights and obligations and all actions contemplated by the AUP shall be governed by the laws of the State of California, as if the AUP were a contract wholly entered into and wholly performed within California. Any cause of action by you with respect to the Blackboard Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 17, 18, and 19. 
Admissibility A printed version of the AUP and the PRIVACY POLICY, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the AUP or PRIVACY POLICY, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on the Blackboard Website will govern the items to which they pertain. 
Securities Laws The Blackboard Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our services, as well as our intentions, plans and objectives, that are forward‐looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Blackboard Website, words like anticipates, expects, believes, estimates, seeks, plans, intends and similar expressions are intended to identify forward‐looking statements designed to fall within securities law safe harbors for forward‐looking statements. The Blackboard Website and the information contained therein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities‐related filings or documents. Page 10 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 47
General Provisions This AUP together with our PRIVACY POLICY (collectively, the "Blackboard Policies"), constitutes the complete agreement between Blackboard and you concerning your use of the Blackboard Website, and supersedes and governs all prior proposals, agreements, or other communications. The AUP may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend the AUP or to enter an order for services which are subject to conflicting, additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and Blackboard. To the extent that anything in or associated with the Blackboard Website is in conflict or inconsistent with the AUP, the AUP will take precedence. All of the information in the Blackboard Website, whether historical in nature or forward‐looking, speaks only as of the date the information is posted on the Blackboard Website, and Blackboard does not undertake any obligation to update such information after it is posted or to remove such information from the Blackboard Website if it is no longer accurate or complete. You may not assign your rights and obligations under the AUP to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under the AUP. In addition to any excuse provided by applicable law, we shall be excused from liability for non‐delivery or delay in delivery of products and services available through the Blackboard Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, disruption or outage of communications, power or other utility, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Nothing contained in the AUP shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the AUP is held to be unenforceable or invalid under any applicable law or court decision, such unenforceability or invalidity will not render the AUP unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Contact Information Blackboard Connect Inc. Attn: Legal Department 15301 Ventura Blvd., Building B, Suite 300 Sherman Oaks, California 91403 Page 11 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 48
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 EXHIBIT B PRIVACY POLICY This PRIVACY POLICY discloses the privacy practices for Blackboard Connect Inc., a wholly‐owned subsidiary of Blackboard Inc. (Nasdaq: BBBB) and a Delaware corporation (Blackboard), with offices at 15301 Ventura Blvd., Building B, Suite 300, Sherman Oaks, California 91403 TERMINOLOGY "Client" refers to a natural person, entity, organization, or agency that has entered into a Client Services Agreement with Blackboard for the receipt of the Messaging Services, as such terms are described below. Certain portions of the Blackboard Website are available only to an Blackboard Client. "Client Data" refers to contact information for the Client and the Client’s intended message recipients, which are provided to Blackboard by the Client pursuant to the provision of the Messaging Services. Client Data may or may not include, personally identifiable information. Client Data is imported from the client’s database into the Blackboard database via a secured connection on the Internet and over encrypted lines using Secure Sockets Layer (SSL). "Blackboard Data" refers to contact information for the Client’s intended message recipients licensed to a Client by Blackboard, pursuant to the provision of the Messaging Services. Blackboard Data may or may not include personally identifiable information. "Client Services Agreement" refers to the additional written contract executed by, and applicable to, a Client in receipt of the Messaging Services, either for a fee or no fee. These may be in the form of a Services Agreement, License Agreement, Trial Services Agreement, End User Services Agreement, Promotional Agreement, or any other written agreement between Blackboard and the Client. The AUP is incorporated by reference into the Client Services Agreement and vice versa. "Client Terms" refers to the additional terms and conditions which are applicable to a Client and which supplement the Client Services Agreement ("Client Terms"). "Messaging Services are available only to a Client who has executed a Client Services Agreement with Blackboard, and refer to any one or all of the services provided by Blackboard, which include, the Connect‐ED® service (the "Connect‐ED Service"), the Connect‐CTY® service (the "Connect‐CTY Service"), the Connect‐MIL® service (the "Connect‐MIL Service") the Connect‐GOV® service (the "Connect‐GOV Service") the Connect‐ORG® service (the "Connect‐ORG Service"), "TRY NOW" pages related to any of the aforementioned Connect‐ services, or any other notification service provided by Blackboard. The Messaging Services facilitate the dissemination of messages via varying communication media. The Client’s primary recourse in the event of any actual or potential threat to person or property, should be to contact First Responders such as, for example purposes only, 911, fire, police, emergency medical, and public health. The Messaging Services are intended to augment First Responder services that have already been notified and deployed and are not designed for use in high risk activities or in any other situation where failure of the Messaging Services could lead to death, personal injury, or damage to property, or where other substantial damage could result if an error occurred. "Blackboard Services refers to the Messaging Services and the Blackboard Website. The Client is responsible for installing, operating and maintaining the equipment, telephone, connection to the World Wide Web, and web browser interfaces, for access to, and use of, the Blackboard Services. "Blackboard Website refers to the web sites owned and operated by Blackboard, which include, www.blackboardconnect.com, www.notification.com, www.ntigroup.com, www.nticonnectcty.com, www.nticonnected.com, www.nticonnectgov.com, www.nticonnectmil.com, www.nticonnectorg.com and any other website associated with the business of Blackboard, including "TRY NOW" websites pertaining to the aforementioned services. Any reference to the Blackboard Website includes any one, or all, of the aforementioned web sites, or any other Uniform Resource Locator ("URL") addresses with which Blackboard replaces or adds to, the aforementioned URLs. "ACCEPTABLE USE" "AUP" refers to our policy on the acceptable use of the Blackboard Services. "User" refers to any natural person, entity, organization or agency which uses the Blackboard Website and/or the Messaging Services. Accordingly, a User may, or may not, be a Client. NOTE:  Except as expressly stated otherwise in this PRIVACY POLICY, the singular includes the plural and the plural, the singular.  Any reference to the requirement for ‘written permission’, ‘written consent’, or ‘written authorization’ of Blackboard, refers expressly to written permission from the Blackboard Chief Operating Officer, the Blackboard Chief Executive Officer, or the Blackboard Chief Financial Officer. OUR COMMITMENT TO PRIVACY Our PRIVACY POLICY was developed as an extension of our commitment to combine the highest‐quality services with the highest level of integrity in dealing with our Clients. This PRIVACY POLICY is designed to assist you in understanding how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the Blackboard Services. This statement will be continuously assessed against new technologies, business practices and our Clients' needs. Please read the information below to learn the following regarding your use of the Blackboard Website:  What information do we collect?  How do we collect information from you?  How do we use the information we collect?  With whom do we share your information?  How can you update, correct or remove your Personally Identifiable Information? Page 12 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 49
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If you receive communications from a Client of the Messaging Services, how can you stop receiving communications? If you are a Client, what are the rules regarding message dissemination? What security precautions are in place to protect against the loss, misuse or alteration of your information? What about other Web sites linked to the Blackboard Website? Do we use "cookies"? Future business transactions Changes to the PRIVACY POLICY Effective date and contact information You acknowledge that this PRIVACY POLICY is part of our AUP (collectively, the "Blackboard Policies"), and by accessing or using the Blackboard Website, you agree to be bound by all of their terms. If you do not agree to abide by the terms and conditions of the Blackboard Policies, please do not use the Blackboard Services.  WHAT INFORMATION DO WE COLLECT?  Personally Identifiable Information. When you subscribe to the Service as a Client, you provide us with Client Data. Depending on your agency, organization, or entity, that Client Data will vary and may include, a name, physical or electronic mail address, telephone number, or any other identifier that permits the physical or online contacting of a specific individual. When you submit Client Data on the Blackboard Website or through any data import process, you are giving your consent to the collection, use, and disclosure of Client Data pursuant to the provision of the Messaging Services and in accordance with this PRIVACY POLICY.  Non‐Personally Identifiable Information. This refers to information that does not by itself identify a specific individual. We gather certain information about a User based upon a visit to the Blackboard Website. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.  HOW DO WE COLLECT INFORMATION FROM YOU? We do not collect any Client Data about you unless you voluntarily provide it to us pursuant to a Client Services Agreement. You provide Client Data to us when you:  Input or import data from your systems to ours in order to use the Messaging Services.  Send e‐mail messages, submit forms or transmit other information by telephone, letter, or other communication media.  HOW DO WE USE THE INFORMATION WE COLLECT? Broadly speaking, we use Client Data for purposes pursuant to the provision of the Messaging Services and in accordance with the Client Services Agreement. These uses include, but are not limited to, the provision of customer support, notification of new features and services, and changes to the Blackboard Website. We may also use Client Data to contact you regarding administrative notices, to resolve disputes, troubleshoot problems and enforce our Client Services Agreement and Blackboard Policies.  WITH WHOM DO WE SHARE YOUR INFORMATION? We do not sell, trade, or rent Client Data to others.  Service Providers. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use Client Data to operate our services and to facilitate the delivery of the Blackboard Services. We require our service providers to handle your information in a manner that does not violate this PRIVACY POLICY.  Law Enforcement. We may be required by law enforcement or judicial authorities to provide Client Data to the appropriate governmental authorities. We will disclose Client Data upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.  HOW CAN YOU UPDATE, CORRECT, OR REMOVE YOUR PERSONALLY IDENTIFIABLE INFORMATION? We believe you should have the ability to access and edit the Client Data that you have provided to us. You may change any Client Data by emailing us at businessaffairs@blackboardconnect.com or by telephoning your Client Care representative. Please Page 13 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 50
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 include your name, address, and/or e‐mail address when you contact us. It is your responsibility to promptly update us if your Client Data changes, and keep all information, accurate, current, and complete. 
IF YOU RECEIVE COMMUNICATIONS FROM A CLIENT OF THE MESSAGING SERVICES, HOW CAN YOU STOP RECEIVING COMMUNICATIONS? If you are the recipient of a communication using the Messaging Services and wish to stop receiving communications, please send a written request to the entity that dispatched the original communication to you, with instructions to remove your contact details from its contact list. For example, if you are a parent receiving communications via the Connect‐ED® Service from your child's school or school district, please inform the school's principal that you wish to be removed from its contact list. If you are a resident in a municipality using the Connect‐CTY® Service, please contact the agency or entity that dispatched the original communication to you and ask them to remove your contact information. Please understand that it may be impossible to completely delete your information without some residual information because of backups. 
IF YOU ARE A CLIENT, WHAT ARE THE RULES REGARDING MESSAGE DISSEMINATION? Prior to sending any messages using the Messaging Services, you represent and warrant that (i) you have obtained all requisite permissions (from the pertinent authorized individual(s)), to provide the Client Data to Blackboard pursuant to the provision of the Service; (ii) to the best of your knowledge, all the Client Data is correct and complete, and that any changes to such Client Data will be communicated in writing to Blackboard on the same day that you obtain knowledge of such change; (iii) you are authorized to send messages to each intended recipient via any communication medium; (iv) you will provide each recipient with a facility to withdraw his, her or its permission, and will not send messages to such recipient upon receipt of the withdrawal request; (v) you will inform Blackboard in writing of such withdrawal request within 24 hours of the request; and (vi) you will seek to comply with all relevant federal and state laws and regulations including, without limitation, the CAN‐SPAM Act of 2003, the Do Not Call Provisions of the Federal Trade Commission's Telemarketing Sales Rule, and State Do Not Call laws, in the conduct of your actions regarding the subject‐matter of this Agreement. 
WHAT SECURITY PRECAUTIONS ARE IN PLACE TO MITIGATE THE LOSS, MISUSE, OR ALTERATION OF INFORMATION? Your information is protected in several ways:  Information Security. All data transmitted to and from the Client utilizes Secure Sockets Layer (SSL). Blackboard retains an external security auditing firm to perform audits to discover potential security threats, assess risks, and provide solutions for patching and managing those risks. In addition, we have implemented security measures in the following areas and to the standards listed below:  Internet Packet Security ‐ The Messaging Services utilize Secure Sockets Layer (SSL) in conjunction with multiple layers of firewalls, monitoring, and audit tools.  Physical Security – All Client Data is maintained at a data center with 24/7 video and human surveillance. Access to data is limited to specific authorized personnel with valid identification, handprint identification, and a key card to enter the facility. Data facilities have redundant power feeds and data connectivity, are fireproof, flood proof, and have level 4 rating earthquake protection.  Data Security ‐ All database servers are behind both the primary and secondary firewall, are inaccessible from the outside, and secured on a separate VLAN with non‐routable IP addresses to the Internet. A specific and limited number of staff with specific permission levels is permitted access to the database. All access to the database is limited to specific computer addresses (MAC addresses) and require domain level authentication for access. 
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information. 
Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. 
Client Obligations. All Clients of the Messaging Services are required to enter a unique username and password, or other security access requirement. The password is encrypted. We recommend that you do not divulge your password to anyone. Blackboard cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password. We recommend that you quit your entire browser application when you have completed your time on this Site. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Client Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Blackboard Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Page 14 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 51
VOID IF EXECUTED AFTER SEPTEMBER 30, 2014 If you are suspicious of an inquiry for your account information, contact us immediately by telephone at (818) 808‐1716 or by email at businessaffairs@blackboardconnect.com  WHAT ABOUT OTHER WEB SITES LINKED TO THE Blackboard WEBSITE? Except as otherwise discussed in this PRIVACY POLICY, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the practices employed by Web sites linked to, or from, the Blackboard Website, nor the information or content contained therein. Other sites accessible through the Blackboard Website have their own privacy policies and data collection, use and disclosure practices. Please consult each Web site's privacy policy rules before proceeding.  DO WE USE COOKIES? When you use the Blackboard Website, we may store cookies on your computer in order to facilitate and customize your use of the Blackboard Website. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. They are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user's transactions on related Web pages. Cookies should make your online experience easier and more personalized. We may use Web site browser software tools such as cookies and Web server logs to gather information about Users' browsing activities in order to constantly improve the Blackboard Website, and better serve our Clients. This information assists us to design and arrange our Web pages in the most user‐friendly manner and to continually improve the Blackboard Website. Web server logs allow us to count how many people visit the Blackboard Website and evaluate their visitor capacity. We do not use these technologies to capture your individual e‐mail address or any personally identifying information about you.  FUTURE BUSINESS TRANSACTIONS As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information, including Client Data, generally is one of the transferred business assets, and by submitting Client Data on the Blackboard Website, through data import, or any other means, you agree that Client Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your information.  CHANGES TO PRIVACY POLICY We reserve the right to change this PRIVACY POLICY at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e‐mail to the e‐mail addresses provided by you or posting the revised PRIVACY POLICY on the home page or Client sign‐in page on the Blackboard Website. You acknowledge and agree that it is your responsibility to maintain a valid e‐mail address, review the Blackboard Website, and this PRIVACY POLICY periodically and to be aware of any modifications. Your continued use of the Blackboard Website after such modifications will constitute your: (a) acknowledgment of the modified PRIVACY POLICY; and (b) agreement to abide and be bound by the modified PRIVACY POLICY.  EFFECTIVE DATE AND CONTACT INFORMATION This PRIVACY POLICY is effective as of APRIL 1, 2008. If you have any questions about this PRIVACY POLICY, the practices of the Blackboard Website, please contact us at the following address: Blackboard Connect Inc. Legal Affairs Department 15301 Ventura Blvd., Building B, Suite 300 Sherman Oaks, California 91403 Attn: Privacy Compliance You may also contact us by email at businessaffairs@blackboardconnect.com Page 15 of 15 BLACKBOARD CONNECT CONFIDENTIAL AND PROPRIETARY 10‐195692_VP for LA v3 (8‐27‐14) 52
Board of Education
PRECIS
Agenda Items: Mentoring and Coaching Programs
Staff Liaison Present: Stacey Wilson-Norman, Ed.D.
Phone #: 919.560.3874
Main Points:
•
Administration will provide an overview of mentoring and coaching programs for principals and teachers
in Durham Public Schools.
•
This agenda item is presented for information.
•
These efforts are supported through federal, state, and local funds.
•
Goal IV – Ensure achievement of high academic performance by all students.
Purpose
Information
Reviewed by:
Discussion
Finance:
Action
Consent
Attorney:
53
Beginning Teacher Mentoring
Induction Program
Stacey Wilson-Norman, Ed.D.
Deputy Superintendent for Academic Services
54
Desired Outcomes
• Establish a comprehensive Teacher Mentoring
Program
• Increase number of Teacher Mentors from 6 to 26
• Reduce Teacher Mentor ratio from 1:103 to 1:26
• Train and sustain Teacher Mentors in mentoring
evidence-based practices
• Reduce teacher turnover rate
55
2
Collaborative Effort
Academic
Services
Human
Resources
Professional
Development
Finance
56
3
What does the DPS data say?
Teacher Effectiveness
– DPS ranks 53 out of the 115 NC school districts
– Top 5 school districts: Elkin, Watauga, Dare, Wake,
and Asheville City
Teacher Turnover Rate
– 20.16% (NCDPI, 2012-13)
– 2013-2014 Data Not Available
DPS Mentor to New Teacher Ratio: 1:103 (DPS, 2014)
57
4
DPS New Teacher Mentoring Ratio
– 1:103
Teacher Working Conditions Question (NCDPI, 2014)
On average, how often did you engage with your
mentor in:
– Analyzing student work: 48% never engaged mentor
– Aligning state/local curriculum: 46% never engaged mentor
– Results of student assessments: 44% never engaged mentor
58
5
Program Overview
Three-year program
Assign a trained mentor to beginning teachers
Train and retain highly effective teachers
Provide extra and targeted support to increase
teacher effectiveness and retention
• Ensure teachers understand and are fully prepared
to positively impact teaching and learning and
increase student achievement
•
•
•
•
59
6
Key Players
District
Teacher Mentor
Mentee (Teacher)
• Oversee implementation
of the program
• Facilitate mentor selection
process
• Provide Annual Three-Day
Program Orientation for
new teachers and mentors
• Ensure mentees are
matched with mentors
• Provide funding for the
program
• Build a trusting
relationship with the
mentor
• Schedule a minimum of
2.5 days per week to
include 10 days per month
(ongoing communications
via email, telephone calls,
or return visits)
• Schedule monthly cohort
meetings by school level to
foster collaboration and
build capacity
• Commit to communicating
openly with mentor using a
variety of methods
• Work one-on-one with
mentor to solve “problems of
practice”
• Cooperate and meet with
mentor as scheduled
• Attend scheduled monthly
cohort meetings
• Seek support and feedback
from mentor
• Implement continuous
improvement strategies
offered by the mentor
60
7
Who will serve as Teacher Mentors?
• Current Six Full-Time Release Mentors
• 20 Retired Teachers
61
8
Teacher Mentor Criteria
• Ten or more years as experienced teacher with knowledge
of current educational best practices and data analysis
• Provide evidence of successful teaching experience
• Have experience in a school or district with similar
demographics in order to provide relevant feedback
• Commit to serving three consecutive years as a Teacher
Mentor
• Hold or be eligible for a NC teaching license
• Sign and abide by the DPS Code of Ethics for Teacher
Mentor
62
9
Communication Timeline 2014-2015
DESCRIPTION
COMPLETION DATE
Launch “New” DPS Beginning Teachers Mentoring Program
September 2014
Post DPS Teacher Mentor Application on DPS Human
Resources Applitrack and DPS website
September 2014
DPS Teacher Mentor Application Deadline
September 2014
Screening of Applicants
September 2014
Interviews & Selections
October 2014
Teacher Mentor Orientation Training
October 2014
Ongoing Mentor Training
October 2014 – June 2015
Annual Program Evaluation
June 2015
63
10
Teacher Mentor Professional Development Topical
Overview
DPS Beginning Teacher Mentor Professional Development Topical Overview
•
•
•
•
•
Establishing Relationships
Stages of Mentoring
Mentoring Standards
Mentoring versus Coaching
Classroom Instruction and Content
Focused Mentoring
Leading in a Culture of Change
The Art of Descriptive Feedback
Mentoring for Effective Instruction
Understanding the DPS Teaching and
Learning Framework
• Interpreting and using data to inform
Instruction
•
•
•
•
64
11
DPS Beginning Teacher Mentoring Induction
Program Cost Projections 2014-2015
Number
Daily Pay
of Teacher Rate
Mentors
Number
of
Days
Total Daily
Pay Rate
FICA
(0.765%)
Total
20
80
20,000.00
1,530.00
21,530.00 $430,600.00
$250.00
Total
Mentoring
Induction
Program
Cost
65
12
Program Evaluation
Program Evaluation Evidence
Overall Program Quality
Measures of Student
Learning
Improved Professional
Practice
Number of Beginning Teachers in
Mentoring Program
Building Report Card
Teacher Self Assessment
Value-Added Data
Teacher Evaluation
Performance Rubric
Satisfaction and impact surveys of
mentors and mentees
Documentation of time spent on
program and benchmarks
Beginning Teacher Retention Data
Mentor Retention Data
Subgroup Data
District Assessments
Grade Distribution
Attendance Data
Discipline Data
School Climate Data
Evidence of Established
Goals
Observation and evidence of
goal achievement
Reflection on goals
Completed professional
development based on
needs
66
13
References
The Santa Cruz New Teacher Center, CA
Wong, H. (2004). Induction programs that keep new teachers teaching and improving.
NASSP Bulletin, 88 (638). Reston, VA.
67
14
Discussion
68
15
Principal Coaching Program
Stacey Wilson-Norman, Ed.D.
Deputy Superintendent for Academic Services
69
Desired Outcomes
• Reduce principal turnover rate
• Train and retain effective school
leaders
• Provide extra support to increase
principal effectiveness
70
2
Principal Turnover Rate
– 11% (Wake, 13%; Charlotte-Mecklenburg, 9%;
Cumberland, 8%; Winston-Salem/Forsyth, 8%)
– Of the school districts listed, DPS has the second
highest principal turnover rate
71
3
Program Overview
• Two-year program
• Serve school leaders who are new to the
principalship, new to DPS, or need additional
support to ensure success in the principalship
• Train and retain effective school leaders
• Provide extra support to increase principal
effectiveness
72
4
Key Players
District
Principal Coach
Coachee (Principal)
• Oversee implementation
of the program
• Facilitate coach selection
process
• Provide annual program
orientation for coaches
and coachees
• Ensure coaches are
matched with coachees
• Provide funding for the
program
• Build a trusting
relationship with the
coachee
• Schedule a minimum of
one days per week to
include 4 days per month
(ongoing
communications via
email, telephone calls, or
return visits)
• Document contact (faceto-face, email, telephone
calls)
• Commit to communicating
openly with coach using a
variety of methods
• Work one-on-one with coach
to solve “problems of
practice”
• Cooperate and meet with
coach as scheduled
• Seek support and feedback
from coach
• Implement continuous
improvement strategies
offered by the coach
73
5
Who will serve as a Principal Coach?
• Retired Principals/District Leaders
74
6
Principal Coach Criteria
• Eight or more years as an experienced
principal/administrator with knowledge of current
educational best practices and data analysis
• Provide evidence of successful school leadership
• Have experience in a school or school district with
similar demographics in order to provide relevant
feedback
• Hold a current license as a principal and/or school
administrator
75
7
Communication Timeline 2014-2015
DESCRIPTION
COMPLETION DATE
Launch DPS Principal Coach Program
September 2014
Post DPS Principal Coach Position on DPS Human Resources
Applitrack and DPS website
September 2014
DPS Principal Coach Application Deadline
September 2014
Screening of Applications
September 2014
Interviews & Selections
September 2014
Principal Coach Orientation Training
October 2014
Ongoing Principal Coach Training
October 2014 – June 2015
Annual Program Evaluation
June 2015
76
8
DPS Principal Coach Training Topical Overview
DPS Principal Coach Training Topical Overview
Establishing Relationships
Stages of Blended Coaching
Coaching Standards
Coaching versus Mentoring
Documenting Coachees Visits
Electronically
• The Art and Science of Coaching
• Adult Learning
• Social Competencies
• Verbal and Non-Verbal
Communications
•
•
•
•
•
Navigating Durham Public Schools
Leading in a Culture of Change
Discovering Your Coaching Strengths
Understanding the DPS Teaching and
Learning Framework
• Understanding by Design
• Interpreting and using data to inform
Instruction
• Supporting Effective Coaching
• General Differences
• Culture of Collaboration
• Shared Leadership
•
•
•
•
77
9
DPS Principal Coaching Program Cost Projections
2014-2015
Number of Daily Pay Number Total Daily
Principal
Rate
of
Pay Rate
Coaches
Days
FICA
(0.765%)
Total
Total
Principal
Coach
Program
Cost
7
$550.00
40
$22,000.00
$1,683.00
$23,683.00 $165,781.00
10
$550.00
40
$22,000.00
$1,683.00
$23,683.00 $236,830.00
78
10
Program Evaluation
Program Evaluation Evidence
Overall Program Quality
Measures of Student
Learning
Improved Professional
Practice
Number of Principals in Coaching
Program
Building Report Card
Principal Self Assessment
Value-Added Data
Principal Evaluation
Performance Rubric
Satisfaction and impact surveys of
coaches and coachees
Documentation of time spent on
program and benchmarks
Teacher Retention Data
Coach Retention Data
Principal Retention Data
Subgroup Data
District Assessments
Grade Distribution
Attendance Data
Discipline Data
School Climate Data
Evidence of Established
Goals
Observation and evidence
of goal achievement
Reflection on goals
Completed professional
development based on
needs
79
11
Discussion
80
12

agenda - Durham Public Schools

Transcription

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