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June 8, 2021 at 6:30 PM - GMSD Board Business Meeting

Agenda
1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Approval of Agenda
Recommended Motion(s):  Motion passed: I move to approve the agenda as amended, passed with a motion by Board Member #1 and a second by Board Member #2.
Rationale:  After discussion in the Work session, the Board recommended to amend the agenda as follows,
1. Add Consent Item 8.F- New Policy 1.102.1 Student Board Representative - First Reading
2. Add Board Action Item 9.D - SFE Contract Renewal 2021-22
5. Recognition and Awards
6. REPORTS
6.A. TLN Update (Tennessee Legislature)
Rationale:  The legislative session wrapped up last month, but voucher legislation was front and center this past week at the Tennessee Supreme Court.

On June 3, the Court heard oral argument in Metropolitan Government of Nashville and Davidson County, et al. v. Tennessee Department of Education, et al.  The interlocutory appeal involves a challenge to the Tennessee Education Savings Account Program (also known as the "ESA Act"), which was enacted by the Tennessee General Assembly in 2019.

The Act, which is championed by Governor Bill Lee and Senate Education Chair Brian Kelsey, would give taxpayer money to eligible families in Shelby and Davidson Counties to pay toward private school tuition and other private education expenses.  Governor Lee has called the program key to giving parents more education choices for their children, but the law was only passed after some lawmakers were assured the law would not apply in their own legislative districts.

Before the Act became effective, the Metropolitan Government of Nashville and Davidson County, Shelby County, and the Metropolitan Nashville Board of Public Education sued the state, arguing the Act violated several provisions of the Tennessee Constitution.  Both the trial court and the Tennessee Court of Appeals have ruled the counties have standing to sue and that the Act violates the Home Rule Amendment to the Tennessee Constitution, which requires a local legislative body or electorate to approve a law that is local in form or effect, applicable to a particular county, and relating to the county’s governmental capacity.  On appeal to the Tennessee Supreme Court, the state has renewed its argument that the counties do not have standing and that the Act is not subject to the Home Rule Amendment.

The Court is expected to rule in the next few months.
 
Attachments: (1)
6.B. Chairman's Report
6.C. Financial Report
6.D. Superintendent's Report
7. Citizens to be heard
8. CONSENT AGENDA
Recommended Motion(s):  Motion passed: I move to approve all the items in the Consent Agenda,, passed with a motion by Board Member #1 and a second by Board Member #2.
8.A. Approval of the Minutes
Rationale:  Minutes from 5.17.21 Board Business Meeting
8.B. Annual Review / Revision of Policies - Second Reading
Rationale:  Department of Teaching, Learning and Assessment
No revisions recommended at the time for the following,
IP 4.200 Curriculum and Development
IP 4.2013 Family Life and Education
IP 4.203  Advanced College Placement
IP 4.204 Summer School
IP 4.206 Special Programs
IP 4.400 Instructional Materials
IP 4.401 Textbooks

Revisions recommended for the following policy,

IP 4.207 English Learners
IP 4.600 Grading 10 pt Scale changes



Department of Human Resources
No revisions recommended at the time for the following,
HR 5.109 Personnel Evaluations
HR 5.117 Procedure for Granting Tenure
HR 5.305 Family and Medical Leave Act
HR 5.310 Vacations and Holidays

Department of Operations
No revisions recommended at the time for the following,
SS 3.206 Community Use of School Facilities
SS 3.2021 Continuity of Operation Plan 
 
8.C. Revision of Policies - First Reading
Rationale: 

Department of Human Resources
Revisions recommended for the following policies,

HR Policy 5.201: Separation Practices for Non-Tenured Teachers 
 
Rationale for changes to GMSD HR Policy 5.201
Recently, the Tennessee General Assembly enacted a new law that changed the timeframe for teacher notice of non-renewal. Now, written notice of a non-renewal must be sent via certified mail or overnight carrier to the teacher’s physical mailing address on record or transmitted via electronic mail to the email used by the school district to communicate with the teacher within five (5) business days following the last instructional day for the school year. In addition, the new law defines "last instructional day" as being the last day of the school year in which students are required to report to school. The revisions made to HR Policy 5.201 reflect the changes in state law that went into effect on May 11, 2021. 

 
HR Policy 5.307: Physical Assault Leave
Rationale for changes to GMSD HR Policy 5.307 
Due to a change in TN State Law and to provide clarity for GMSD employees, the term "Full benefits" has been outlined to include benefits the teacher was receiving from GMSD when the teacher was placed on leave due to the teacher's personal injury. In addition, "Full benefits" does not include the teacher's full salary. 

 
8.D. Miscellaneous FY 2020-21 Budget Amendments 37 through 41
8.E. Miscellaneous FY 2021-22 Budget Amendment # 1
Attachments: (1)
8.F. New Policy 1.102.1 Student Board Representative - First Reading
9. BOARD ACTION ITEMS
9.A. Custodial Services Agreement for the 2021-2022 School Year
Recommended Motion(s):  Motion passed: I move to approve SKB Facilities and Maintenance Services, through piggybacking off of RFP #FY210006 issued by Arlington Community Schools, to provide Custodial Services to the Germantown Municipal School District in the amount of $1,021,955.70 for the 2021-2022 school year and authorize the superintendent to execute the contract, passed with a motion by Board Member #1 and a second by Board Member #2.
9.B. Contract Amendment for Maintenance Services
Recommended Motion(s):  Motion passed: I move to approve contract amendment #6 to the maintenance services agreement with ABM Industry Groups, passed with a motion by Board Member #1 and a second by Board Member #2.
9.C. GMSD FY 2021-2022 Federal, Capital, Cafeteria, Health Insurance and OPEB Budgets - Second and Final Reading
Recommended Motion(s):  Motion passed: I move to approve the GMSD FY 2021-2022 Federal, Capital, Cafeteria, Health Insurance and OPEB Budgets after Second and Final Reading, passed with a motion by Board Member #1 and a second by Board Member #2.
9.D. SFE Contract Renewal 2021-22
Recommended Motion(s):  Motion passed: I move to approve the Contract renewal with SFE for 2021-22, passed with a motion by Board Member #1 and a second by Board Member #2.
10. Announcements
11. Adjournment
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