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HomeMy WebLinkAbout02-25-08 BOT PacketWESTLAKE ACADEMY BOARD OF TRUSTEES PRE -BOARD MEETING AGENDA February 25, 2008 5:00 P.M. WESTLAKE CIVIC CAMPUS — DINING HALL 2600 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. EXECUTIVE SESSION. A. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel, specifically related to: 1. Complaint and Procedure Policy; and 2. Admission Policy. 3. RECONVENE MEETING. 4. DISCUSS A COMPLAINT AND PROCEDURE POLICY FOR THE WESTLAKE ACADEMY. 5. DISCUSS THE PROPOSED AMENDMENT TO THE ADMISSION POLICY FOR THE WESTLAKE ACADEMY. 6. REVIEW OF REGULAR AGENDA ITEMS. 7. ADJOURNMENT. TOWN OF WESTLAKE, TEXAS BOARD OF TRUSTEES SPECIAL MEETING AGENDA FEBRUARY 25, 2008 WESTLAKE CIVIC CAMPUS - BOARD ROOM 2600 J. T. OTTINGER ROAD 6:00 P.M. 1. CALL TO ORDER. 2. CITIZENS' PRESENTATIONS. This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 3. PRESENTATION OF BASKETBALL DISTRICT CHAMPIONS BY NICK BARROWS (WESTLAKE ACADEMY JUNIOR VARSITY GIRLS & BOYS BASKETBALL TEAMS). 4. CONSIDER A RESOLUTION TO APPROVE A NEW PARENT / STUDENT QUESTION AND COMPLAINT PROCEDURE FOR INLCUSION IN THE PARENT / STUDENT HANDBOOK. 5. CONSIDER A RESOLUTION ADOPTING A PROPOSED AMENDMENT TO THE ADMISSION POLICY. 6. ADJOURNMENT. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION WESTLAKE ACADEMY MEMO TO: Board of Trustees, Westlake Academy FROM: Barbara Brizuela, Head of School DATE: February 21, 2008 SUBJECT: Meeting on February 25, 2008 ITEM: Consider a resolution to approve a new Parent/Student Question and Complaint Procedure for inclusion in the Parent/Student Handbook. RECOMMENDATIONS: Staff recommends approval. BACKGROUND: Westlake Academy has had a complaint policy that outlines the chain of command for student/parent complaints. starting with the classroom teacher and ending with the School Board. In order to more specifically detail the procedure and the timeline involved, the Academy studied policies from other local schools,. TASB (Texas Association of School Boards) and consulted with our educational lawyer. The policies studied ranged from ones that echoed our policy to ones that were overly cumbersome. The attached policy drafted by our educational lawyer follows closely that of the TASB and the ethos of Westlake Academy. Once the new policy is put into effect a copy will be sent to each family. The family will sign and return the signature form and keep the policy for quick reference at home. WESTLAKE ACADEMY RESOLUTION NO. 08 -05 ADOPTING AN OFFICIAL COMPLAINTS PROCEDURE AND POLICY FOR PARENTS AND STUDENTS OF WESTLAKE ACADEMY. WHEREAS, the Westlake Academy Board of Trustees has considered the several Complaints Procedure and Policies adopted by several area independent school districts, as well as versions of complaint policies recommended by appropriate education associations; and WHEREAS, the Board has sought and received advice and counsel concerning complaint policies from its education attorney; and WHEREAS, under its authority to adopt local policies, the Board heretofore has adopted a certain Complaint Procedure and Policies that is published in the Parent /Student Handbook; and WHEREAS, the Board desires to amend the Complaint Procedure and Policies, and to emphasize that these procedures must be followed before a complaint is presented to the Board; and WHEREAS, the Board of Trustees finds that the policy attached hereto will (a) define a more efficient way for students and parents to register a complaint or concern with the school and a more efficient way for the school to respond to those complaints and concerns, and (b) better protect the due process rights of teachers and students; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1. That the Board of Trustees of Westlake Academy hereby adopts the Complaints Procedure And Policy attached hereto. SECTION 2. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2008. ATTEST: Scott Bradley, President Kim Sutter, Secretary Barbara Brizuela, Head of School APPROVED AS TO FORM: L. Stanton Lowry, School Attorney Westlake Academy Charter School Parent /Student Question and Complaint Procedures Except as addressed by SPECIFIC COMPLAINTS below, this Policy applies to all complaints or grievances from students or parents. • Expulsion (See the Westlake Academy Student Code of Conduct) • Identification, evaluation, or educational placement of a student with a disability within the scope of Section 504. • Identification, evaluation, educational placement, or discipline of a student with a disability within the scope of the Individuals with Disabilities Education Act, and the parents' rights handbook provided to parents of all students referred to special education. Informal Resolution: Students and parents are encouraged to discuss concerns and complaints through informal conferences with the appropriate teacher, principal, or other campus administrator. It is the policy of the Westlake Academy Board to encourage early resolution of concerns at the lowest possible staff or, if necessary, administrative level. Concerns should be expressed, informally if possible and as soon as possible. In that regard, Westlake Academy teachers can be contacted on a daily basis via the student planner, e -mail or telephoning and leaving a voice mail. Teachers unable to deal with a concern may refer to: • School counselors • The PYP, MYP or DP Coordinator • Head of Section • Head of School If the informal process does not resolve the complaint the complainant may initiate the formal complaint process. A formal complaint must be initiated within the prescribed timelines described below. Formal Complaint General Provisions: • "Complaints" and "Grievances" have the same meaning. • Complaints arising out of an event or a series of related events must be addressed in one complaint. A student or parent may not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a prior complaint. 1 • All time limits must be strictly followed unless modified by mutual written consent and, if a complaint or the appeal of a decision about a complaint is untimely, the complaint may be dismissed. Formal Complaint Process: 1. Within 20 days of the date a student or parent first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance, an original complaint, in writing and dated, describing the matter complained of and the date of the occurrence or occurrences, must be presented to the lowest level administrator whom the student or parent perceives to have authority to remedy the concern. 2. If that administrator is unable to resolve the complaint, the administrator shall direct the complainant, in writing, to the next level administrator who shall either resolve the complaint or direct the complainant in writing to the next level, continuing until the complaint reaches the Head of School. 3. A complaint reaching the Head of School's level must be in writing, setting out all prior attempts to resolve the complaint and the remedy requested. The Head of School, or designee, may schedule a conference with the complainant and within ten business days of receipt of the written complaint, shall issue a written decision. 4. If the decision d is unsatisfactory to the complainant, or if the Head of School, or designee fails to respond timely, the complainant may, within 15 days of submission of the written complaint to the Head of School, submit a written request to the Head of School to have the complaint considered by the Board of Trustees. 5. If Board review is requested, the Head of School shall submit the entire written record of the complaint and any further response to the President of the Board of Trustees who shall create an Agenda item for consideration of the complaint at the next available regular meeting, or the next appropriate meeting thereafter. At that meeting the Board shall, at a minimum, stop, look and listen to or consider the written complaint, and any response thereto and may, or may not, issue a decision. 1= 2 WESTLAKE ACADEMY MEMO TO: Board of Trustees, Westlake Academy FROM: Barbara Brizuela, Head of School DATE: February 21, 2008 SUBJECT: Meeting on February 25, 2008 ITEM: Consider a resolution to approve a new Admission Policy for our Student Parent Handbook. RECOMMENDATIONS: Staff recommends approval. BACKGROUND: During the renewal process for the Westlake Academy Charter, the Charter School Division asked that we make some changes in the admission policy. We complied and our charter was renewed until 2016. The Charter policy does not include the detailed procedures that are part of the Student - Parent Handbook. Wishing to comply with all federal, state and charter school rules, procedures and policies. we sought the counsel of our educational lawyer. After careful study and collaboration with the Academy, Counsel recommends the attached policy which conforms to the original intents of the Founders and. at the same time, complies with all the above - mentioned rules and regulations. WESTLAKE ACADEMY RESOLUTION NO. 08 -06 APPROVING CHANGES TO THE ADMISSIONS POLICY WHICH IS OUTLINED IN THE WESTLAKE ACADEMY PARENT /STUDENT HANDBOOK WHEREAS, the Westlake Academy Board of Trustees has considered the Admissions Policy changes recommended by the school's Education Lawyer; WHEREAS, the Board of Trustees finds that recommendations will assure that the new Westlake Academy Admissions Policy is in compliance with federal, state and charter school rules and regulations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1. That the Board of Trustees of Westlake Academy hereby adopts the new Admissions Policy. SECTION 2. That this Resolution shall become effective upon the date of its passage but contingent upon approval by the TEA. PASSED AND APPROVED ON THIS 25th DAY OF FEBRAURY 2008. ATTEST: Scott Bradley, President Kim Sutter, Secretary Barbara Brizuela, Head of School APPROVED AS TO FORM: L. Stanton Lowry, School Attorney WESTLAKE ACADEMY CHARTER SCHOOL ADMISSION POLICY The Westlake Academy ( "Academy ") is an open - enrollment charter school operating under a charter awarded to the Town of Westlake by the Texas State Board of Education, with oversight by the Texas Education Agency (TEA), Charter School Division. The Academy opened in the fall of 2003 accepting only students in grades 1 -6 who were of legal age to begin school in the State of Texas. The Academy added Kindergarten and G7 in 2004, and plans to grow with the students each year thereafter until it reaches K -12. The Academy does not discriminate in admissions based on sex, national origin, ethnicity, religion, disability, academic ability, artistic ability, athletic ability, or based on the school district that the child would otherwise attend. DEFINITIONS: Student: A child who, on the first day of September of any school year, is at least five years of age and under 21 years of age. Chapter 25 Student: A student who meets the threshold residency requirements under at least one of the following subsections of Section 25.001 of the Texas Education Code pertaining to admission to a Texas public school, as determined by the Texas Education Agency, or law current as of the time of enrollment to be applicable to students seeking admission to charter schools (Subsections in italics match the subsections of Section 25.001 of the Texas Education Code): (a) (b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought if: (1) the person and either parent of the person resides in the school district; (2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservatory of the person; (3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district; (4) the person has established a separate residence under Subsection (d) below; 1 (5) the person is homeless as defined by 42 U.S.C. Section 11302, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person; (6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner; (7) the person resides at a residential facility located in the district; (8) the person resides in the school district and is 18 years of age or older, or the person's disabilities of minority have been removed; or (9) the person does not reside in the school district but the grandparent of the person: (A) resides in the school district; and (B) provides a substantial amount of after - school care for the person as determined by the board. (b) (d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person: (1) has engaged in conduct or misbehavior within the preceding year that has resulted in: (A) removal to a disciplinary alternative education program; or (B) expulsion; (2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or (3) has been convicted of a criminal offense and is on probation or other conditional release. (c) (1') A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence 2 requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district. Threshold residency under the above provisions of Chapter 25 does not guarantee enrollment. All conditions and qualifications for admission and enrollment must be independently satisfied. Primary Geographic Boundary Student ( "PGB Student "): A student who resides, and whose parent or legal guardian resides in the Town of Westlake, or any student who can qualify for residence in the Town of Westlake as a Chapter 25 student. Qualified Transfer Student: A student who resides, and whose parent or legal guardian resides within the geographic area of one of the following independent school districts outside of the city limits of the Town of Westlake: Keller ISD, Carroll ISD, Grapevine - Colleyville ISD, Birdville ISD, Lewisville ISD or Northwest ISD, or any student who can qualify for residence in the geographic areas of one of those school districts as a Chapter 25 student. Sibling: The brother or sister of a student enrolled in the Academy. Included are adopted children, and foster children so long as these children reside with the parents or guardians of enrolled students. Lottery: A lottery is a non - weighted, random selection process by which student applicants can be admitted to the Academy. Lottery Deadline: The last day of February of the school year in which admission to the Academy is sought. Founding Charter Families: (a) parents or legal guardians with at least one student enrolled in the Academy in the first grade or above on June 4, 2004, or in the Kindergarten program on May 30, 2005; or (b) individuals listed in the 2001 TEA Charter Application as a Founder or Officer of the Westlake Academy. Students of Employees: Students whose parents or legal guardians are employed by the Town of Westlake or the Academy. Deemed Admission: Applicants who qualify for and participate in a lottery but are placed on the enrollment waiting list are deemed admitted, and will be enrolled subject to available space according to the priority rules. Applicants deemed admitted but not enrolled in the school year of application need not reapply for the following school year, but continue in deemed admitted status and maintain their positions on the waiting list. When enrollment is delayed beyond the school year of application, the Academy may request confirmation of residence and other enrollment requirements. Substantial After School Care: At least three hours per school day for at least four days during the regular school week. 3 ELIGIBILITY RULES General Residency Requirement: All students seeking admission and enrollment to the Academy must qualify for residence either as a PGB student or a Qualified Transfer student at the time of admission and enrollment. Priorities: Available admission space each school year is filled in the following order of priority with those of highest priority enrolled first (listed in order of those most eligible to those least eligible): 1. Currently enrolled students who continue to satisfy the residency requirement. 2. PGB Students who satisfy the residency requirement at the time of enrollment. 3. Siblings not yet enrolled, provided they satisfy the residency requirement at the time of enrollment. 4. Students of Founding Charter Families who satisfy the residency requirement at the time of enrollment. 5. Students of Employees who satisfy the residency requirement at the time of enrollment. 6. Qualified Transfer Students who satisfy the residency requirement at the time of enrollment. Priority for exempt students at the same priority level who compete for the same enrollment space will be decided by order of acceptance. In a year over subscription in which there is an enrollment waiting list, priorities will take waiting list order into account as provided elsewhere herein. Priority under the above rules does not guarantee admitted or enrolled status. All conditions and qualifications for admission and enrollment must be independently satisfied. Use of Lottery: A lottery will be used when, after all lottery- exempt students have been enrolled, there are more student applicants qualifying for admission than available enrollment spaces. Lottery Participants: Participants in an admissions lottery conducted by the Academy will include only those student applicants who have applied for lottery participation on or before the Lottery Deadline and otherwise meet admissions requirements. Local guidelines may provide for extenuating circumstances. Exemption From the Lottery: The following students are exempt from the lottery provided applicable residency requirements have been met: (a) students currently 4 attending the Academy; (b) siblings not yet enrolled; (c) students of a Founding Charter Family; and (d) Students of Employees. Waiting List: A waiting list (enrollment waiting list) for enrollment spaces will be created from the lottery results containing the names of lottery participants who did not gain admission in the year of the lottery. Lottery participants will be added to the list in the order of draw. Pursuant to 19 Texas Administrative Code §100.1207(f): (a) PGB applicants have priority over Qualified Transfer applicants on the list, and no Qualified Transfer applicant will be enrolled until all PGB students on the list have been enrolled; and (b) in a year of oversubscription in which there is an existing waiting list, the order of priority for enrollment will be (1) PGB applicants on the waiting list in waiting list order; (2) PGB applicants not on the waiting list; and (3) remaining applicants on the waiting list in waiting list order. Kindergarten Program Enrollment: For any school year in which there is oversubscription for Kindergarten enrollment space, spaces will be filled first by lottery - exempt students in accordance with the priority rules. If two or more lottery- exempt students are competing for the same enrollment slot, enrollment will be in the order of acceptance, or in the case of siblings, in the order of acceptance of the first admitted student of each family. Remaining enrollment spaces will be filled by lottery in accordance with the lottery and enrollment waiting list rules herein. Withdrawals: Enrollment space becoming available because of student withdrawals during the school year, or other circumstances occurring during a school year, will be filled during periods of oversubscription in the same order, and with the same priorities as described in this Policy for initial enrollment. Year -to -Year Admission: Once admitted to the Academy, a student who continues to meet residency and other eligibility requirements need not re -apply for admission for the subsequent school year, but may be required to complete a declaration of intent to enroll or other documents pertaining to the subsequent school year. A student who voluntarily terminates his /her enrollment, or a student who is involuntarily withdrawn from enrollment, is thereafter subject to all admission requirements the same as new enrollees. Verification of Residency: A student's "residence," for the purpose of this policy is generally defined as the true, fixed and permanent place where the qualifying occupant ordinarily lives and sleeps not less than four nights during the school week and to which, when temporarily absent from the residence, intends to return. The following rules apply: (a) Residency in Westlake residential boundaries and another place cannot be held simultaneously. 5 (b) Resident status requires abandonment of all prior residences and once acquired in the Westlake boundaries will be lost by future voluntary actions inconsistent with such status. (c) Residence may be verified through documentation to include but not limited to: • A recently paid rent receipt • A current lease agreement • The most recent tax receipt indicating home ownership • A current utility bill indicating the address and name of the residence occupiers • Mailing addresses of the residence occupiers • Visual inspection of the residence • Interviews with persons with relevant information • Building permits (See below) (d) Falsification of residence on an enrollment form is a criminal offense (See Texas Education Code Section 25.001(h)) Change in Residency: (a) Upon a change in residency of a student which, after the change, would prevent a student from qualifying for new admission as either a PGB student or a Qualified Transfer Student, such student will be permitted to complete the semester during which the residency change occurred, but is disqualified from enrolling as a PGB or Qualified Transfer Student (as the case may be) in the subsequent semester. (b) A change in residency of a student from the Town of Westlake to a geographic area within the boundaries of the Keller ISD, Carroll ISD, Grapevine - Colleyville ISD, Birdville ISD, Lewisville ISD or Northwest ISD, which change prevents the student from qualifying for new admission as a PGB student, alters that student's status from a PGB student to a Qualified Transfer Student effective at the end of the semester during which the change in residency occurred. (c) In the case of divorced parents, residency for purposes of admission is established by the residency of the joint managing, sole managing 6 conservator, or possessory conservator. Where a change in student residency resulting from a divorce prevents a student from qualifying for admission as either a PGB student or a Qualified Transfer Student, such student will nevertheless be permitted to complete the semester during which the residency change occurred, but not thereafter. Building Permits: For purposes of establishing residency in the Town of Westlake, building permits for a residential dwelling issued to a parent or guardian on or before the first day of class of the school year in which admission is sought, will be accepted as evidence of residency, but only for the school year in which admission is sought. Students admitted in a school year in reliance on a building permit will be required to verify residency for the following school year to continue to qualify for admission. Discipline and Criminal Histories: Students having a history of a criminal offense, a juvenile court adjudication, or discipline problems under Texas Education Code, Chapter 37, Subchapter A, and transfer students subject to an expulsion order at the time for enrollment are not eligible for enrollment. Transfer students who become subject to an expulsion order from their district of origin after enrollment will be withdrawn from enrollment. Any of the criminal offenses and discipline offenses described in Texas Education Code, Chapter 37, Subsection A will disqualify a student for admission to the Academy. Application Procedures: All parents wishing to enroll their students in the Academy must complete an Application for Enrollment. Applications are available at the Westlake Academy, 2600 Ottinger Road, Westlake, Texas between the hours of 9 a.m. and 3 p.m., Monday through Friday. Applications should be picked up in person and returned in person. The application deadline for Fall enrollment is January 31st Publication: The Academy will make itself known to the community by appropriate publication such as brochures, signage, public notices and advertising. These publications will advertise the equal opportunity for students to attend the Academy. 1