agenda durham public schools board of education monthly … · 2019-05-22 · mission statement our...

Mission Statement Our mission is to embrace, educate, and empower every student to innovate,

serve, and lead.

AGENDA

Durham Public Schools Board of Education Monthly Meeting April 25, 2019

Fuller Administration Building 511 Cleveland Street, Durham, NC

1. Call to Order 6:30 p.m.

2. Moment of Silence

3. Be Our Guest Dinner Invitees

4. Celebrations• Student of the Month for April 2019• Spark Recognitions• Governor’s School Students• Durham School of the Arts Science Olympiad Team• NC Athletic Directors Association Hall of Fame

5. Superintendent’s Update

6. Agenda Review and Approval

7. Board of Education Meeting Minutes dated March 21, 2019

8. General Public Comment

9. Academic Services• Strategic Plan Update

10. Operational Services• Real Estate Purchase Contracts for Northern High School Replacement Project

11. Closed Session• Consult with the Board’s attorney to receive an update on the case of K.I. by and through

her parent, J.I. v. DPS Board of Education pursuant to G.S. 143-318.11(a)(3).

• Consider confidential personnel matters under N.C.G.S. 143-318.11(a) (6) and G.S.115C-319.

• Approve Closed Session Minutes dated April 11, 2019.

12. Adjournment

1

Date: April 25, 2019

Durham Public Schools Board of Education

PRECIS Agenda Item: Be Our Guest

Staff Liaison Present: William ‘Chip’ Sudderth Phone#: 560-3652

Main Points: In the Durham Public Schools strategic plan, the Theory of Action states: If the Durham community shares responsibility in the investment of every child using a holistic approach, then we will ensure that resources and opportunities are informed by equity and that we are intentional about setting high expectations for all stakeholders in their role in educating the whole child, as we support and increase the capacity of administrators, teachers, staff, and parents so that they are equipped to support and develop efficacy in instruction and student learning.

In order to help meet the goals set forth by the strategic plan and to align Be Our Guest to the new mission and vision of DPS, this dinner provides an opportunity for stakeholders in the Durham community to meet with the DPS Board of Education in a small group, casual setting to discuss how DPS and the community can work together to ignite the limitless potential of our schools, staff and students.

Tonight the board welcomes the Superintendent’s Student Advisory Council. These high school students were selected to represent their school in quarterly meetings with Superintendent Mubenga. Please welcome:

Joren Biggs. J.D. Clement Early College Colyn Anne Martin, J.D. Clement Early College Maya Ryder, City of Medicine Caaja Stevenson, City of Medicine Niayla Hairston, DSA Meredith McMillen, DSA Jalen McKoy, Hillside High Julisa Ramirez Gonzalez, Hillside New Tech Abby Furman, Jordan High Aminah Jenkins, Jordan High Tai Carter, Lakeview

Jatzyri Perez Garcia, Middle College Javon Wilcher, Middle College Grace Sorrell, Northern High Tenisce Richelieu, Riverside High Atom Edwards, School for Creative Studies Marquel Tompkins, School for Creative Studies Kyla Maynard, Southern School of Energy & Sustainability Taliajah Vann, Southern School of Energy & Sustainability

Fiscal Implications: N/A

Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney _________

2



PRECIS

Agenda Item: Celebrations

Staff Liaison Present: William ‘Chip’ Sudderth Phone#: 560-3652

Main Points:

• Student of the Month: Recognizing the Durham Public Schools Student of the Monthfor April: senior Oscar Barbaza from Durham School of the Arts.

• Special Recognition: Recognizing the 34 students who were selected to attend theGovernor’s School this summer. They are:

Jordan High Thomas Hill Charlotte Maxwell Gabi Overcast-Hawks Emma Terry-Edmunds Wendy MacIver Ryan Smith Madeline Fitzgerald Hannah Sauls

Hillside High Ryan Hewett

J.D. Clement Early College HighDavonya Cheek

Riverside High Tai Gordon Amanda Harrell Noah Mofield Macey Owen Cordia Ritz Kiyo Takahashi

City of Medicine Academy Henry Cruz Reyes Kaila Forte

Durham School of the Arts Kate Cross Evie Freel Niayla Hairston Aaryanna Henry Ethelia Holt Michael Johnson, II Phoebe Kroll Ella Kromm Grace Lumpkin Clarice McIntyre Ray Oljeski Ned Swansey Lauren Taylor Jane Tayyeb McKenna Vernon Caylah Vickers

3



PRECIS • Special Recognition: Recognizing Durham School of the Arts Science Olympiad Team

for placing first in the high school Durham Public Schools Science Olympiad andPearsontown Elementary for placing first in the elementary DPS Science Olympiad. Theywill represent DPS in the state competition. We are also recognizing the individualstudents whose projects placed first and have been invited to compete at the state level.The students are:

o Benjamin Lee and Willow Owens from Lucas Middleo Ruby Davis and Gabriela Herrera Mendez from School for Creative Studieso Charles Kelly and Glenn Thompson from Githens Middle

• Special Recognition: Recognizing Durham Public Schools Director of Athletics, LarryMcDonald for being one of five new inductees into the NC Athletic DirectorsAssociation Hall of Fame.

• Special Recognition: Recognizing recipients of the Spark pin. The DPS Office of PublicAffairs launched a recognition PINNING initiative to acknowledge both internal andexternal stakeholders who exhibit the Spark-like characteristics. We’re extremely excitedto celebrate the first group of recipients who are influencing, marketing and engaging ourcommunity and schools to Ignite the Limitless Potential of DPS.

Spark Advocates Claire Hudzinski, Volunteer, Mangum Elementary Lori College, Creekside Bluebells Ginny Murray, PetPalsNC Larry Herst, Triangle Ecycling Mahtaj James, Anika James Foundation Donya Moore, Volunteer, Deaf/Hard of Hearing Joan Donovan, Volunteer, Deaf/Hard of Hearing Edwin Fuller, Volunteer, CC Spaulding Kristen Thompson, Fidelity Ron Smith, Augmentality Labs

Spark Ignitors Kristen Earsley, Lowe’s Grove Middle Lindsey Nelsen, CC Spaulding Elementary Tyrell Anderson, Lakewood Elementary Shannon Curry, Lucas Middle Victor Hiraldo, Pearsontown Elementary Kelly Shadley, Lowe’s Grove Middle Heather Althaus, Carrington Middle

Glenda Trowbridge, Jordan High Laverne Ellis, Lowe’s Grove Middle Amanda McCall, Carrington Middle Barrington Ross, Brogden Middle Susan Rogers, DSA Jacquelyn Gibbs, Carrington Middle Christine Jackson, Shepard Middle Beth Lewis, Little River K-8 School Dana Vollmuth, Lowe’s Grove Middle Breanna Autry, Lucas Middle Claire Benton, Lucas Middle Kayla Allen, Neal Middle Molly Gilliam, Neal Middle Harlyn Strongoli, Githens Middle Trisha Shelly, SCS Mary Ellen Morales, Jordan High Alexis Caldwell, DSA Alice Griffeth, DSA Eric Baker, Middle College Mika Twietmeyer, Riverside High Kayla Roberts, Mangum Elementary

4



PRECIS

Spark Supporters Melissa Watson, Office of School Relations Stacey Satterwhite, Lakeview School Danyka Davis, Lowe’s Grove Middle Travis Duncan, Lowe’s Grove Middle Carlos Morales, Glenn Elementary Temiko Brown, Carrington Middle Rhonda Sinquefield, Curriculum & Instruction Jerry Williamson, Curriculum & Instruction Denise Nelson, Exceptional Children Ryanne Logan, Rogers-Herr Middle

Linaka Norman, Lowe’s Grove Middle Carbilio Rebollo, Lowe’s Grove Middle Kimberly Hager, Human Resources Tyler Steketee, Mangum Elementary

Spark Chehally Soto, Jordan High Majot Sidhu, Jordan High Isis Harris, Lowe’s Grove Middle Jack Zavaletta, Rogers-Herr Middle Nick Zavaletta, Rogers-Herr Middle Jethro Libutan, Durham School of the Arts


Purpose

Information Discussion Action Consent


5



PRECIS

Agenda Item: Minutes

Staff Liaison Present: Sandra C. White Phone#: 919-560-2502

Main Points:

Minutes for approval:

• March 21, 2019


Purpose

Information/Discussion Action Consent


6

MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION March 21, 2019

Durham Public Schools Board of Education held its regular monthly Board of Education Meeting on Thursday, March 21, 2019 at approximately 6:34 p.m. in Room 307 at 511 Cleveland Street, Durham, NC.

Board Members Present: Mike Lee (Chair), Steven Unruhe (Vice Chair), Natalie Beyer, Xavier Cason, Bettina Umstead, Matt Sears, and Minnie Forte-Brown

Administration Present: Dr. Pascal Mubenga (Superintendent), Tanya Giovanni (Chief of Staff), Dr. Nakia Hardy (Deputy Superintendent of Academic Services), Aaron Beaulieu (Chief Operating Officer), Arasi Adkins (Assistant Superintendent of Human Resource Services), William “Chip” Sudderth III (Chief Communications Officer), Dr. Stacy Stewart (Assistant Superintendent for School Transformation), and Dr. Julie Spencer (Assistant Superintendent for Research and Accountability)

Attorney Present: Deborah Stagner

Recorder: Sandra C. White, Executive Assistant to the Board of Education

Call to Order: Chairman Mike Lee called the meeting to order. He asked everyone to join him in a moment of silence to remember the shooting victims in New Zealand and keep their families and friends in your thoughts.

Spanish Interpreter Present: Chair Lee introduced the Spanish interpreter.

• Martha Gensemer-Ramirez was the Spanish interpreter for the meeting. Ms. Ramirez is an ESLteacher at Jordan High School and Durham School of the Arts. She interpreted Spanish to anyonewho needed it.

3. Be Our Guest Dinner Invitees:The Board welcomed and recognized the following and stakeholders and Durham Public Schools parentrepresentatives. They were invited to dinner to meet with the Durham Public Schools Board ofEducation members in a small group, casual setting to discuss how Durham Public Schools and thecommunity can work together to ignite the limitless potential of our schools, staff, and students. Thefollowing people were present at the dinner:

• Alexia Howard, Southern High School• Almaz Closs, Northern High School• Yanci Ferman, New Tech High School• Willie Closs, Northern High School• Michael Broache, Creekside Elementary School• Shameya Grafton, Southern School of Energy and Sustainability High School• Nikki-Nicole Miles, Creekside Elementary School• Nikki Brown, Hillside High School• Araceli Meza, Riverside High School• Stephanie Lynch, Durham Public Schools PTA• Millicent Rogers, Hope Valley Elementary School• Nancy Kaiser, E.K. Powe Elementary School, Brogden Middle School, and Riverside High School• Sarai Gonzales, Riverside High School• Eliafer Posech, Durham Public Schools PTA• Mary Hanchey, Creekside Elementary School

7

Board of Education Regular Monthly Meeting March 21, 2019

2 of 8

4. Celebrations

• Durham Pubic Schools student of the Month for March 2019: o Bryan Ferman-Martinez (Sophomore) at New Tech High School

• Special Recognitions:

o Recognized seven students for the Region 3A Science and Engineering Fair. o Recognized 13 students from Lowe’s Grove Middle School for the NC Student Academy of

Science.

o Recognized 52 recipients of the Spark pin. The DPS Office of Public Affairs launched a recognition PINNING initiative to acknowledge both internal and external stakeholders who exhibit the Spark-like characteristics. These recipients are influencing, marketing, and engaging our community and schools to Ignite the Limitless Potential of Durham Public Schools.

o Recognized three students from Neal Middle School who recited a poem, “Because I am a

Black Female”, for Women History Month. 5. Superintendent’s Messages

Dr. Mubenga, Superintendent, stated he has been employed at Durham Public Schools for one year. He gave a reflection of his accomplishments during this one-year timeframe. Dr. Mubenga discussed the following major accomplishments:

• Developed the Strategic Plan. • Initiated and created the Durham Public Schools Education Foundation. • Developed and implemented the Community Engagement Program. • Implemented the Office of School Relations to help improve our customers service to the

families.

6. Agenda Review and Approval Matt Sears moved to discuss and support Item 10b, Safe Route to Schools City Grant that is printed on the agenda. Natalie Beyer made a motion to approve the amended agenda to support Item 10b, Safe Route to Schools City Grant that is already printed on the agenda. Minnie Forte-Brown seconded, and the motion passed unanimously.

7. Board of Education Meeting Minutes • February 28, 2019

Natalie Beyer made a motion to approve the minutes dated February 28, 2019. Minnie Forte-Brown seconded, and the motion passed unanimously.

8


3 of 8

8. General Public Comment

There were seven people signed up for General Public Comment. Before the general public comments, Chairman Mike Lee gave a quick review of the rules.

Millicent Rogers reported on the purpose and the mission of the Parent-Teacher Association (PTA). She asked everyone to join a local PTA unit. Aissa Dearing (Junior at Early College and member of the Youth Steering Committee which is a branch of the Southern Coalition for Social Justice) invited the board members to a Town Hall Meeting on Saturday, April 6th, from 10 a.m. to 2 p.m. at the W.G. Pearson Elementary School. The purpose is to discuss school safety. Jovonia Lewis gave a follow up on the disproportion rate and suspensions for our students at Durham School of the Arts Secondary School. Rev. Dr. Fatimah Salleh (parent) shared statistics about the restorative practices and how Durham School of the Arts Secondary School is disproportionately punishing black and brown bodies. She stated this is disproportionately above almost any other school in the district. James Nishimuta (parent) asked the board members to consider placing siblings together at magnet schools, especially students with special needs. He is requesting that students with special needs should be placed in the same school with their siblings. Dr. Ronda Taylor Bullock presented the following questions to be on the table for the Board to answer: (1) Why were as middle and high schools linked as secondary? (2) What is it about these spaces where the children are misbehaving? (3) Is this specific grade levels? (4) What is being put in place to support students and help them through this difficult transition? (5) Why are black families leaving the district? Jorren Biggs (Senior at Early College) voiced his concerns about school safety and encouraged the board members to attend the Town Hall at W.G. Pearson Elementary School on Saturday, April 6th, from 10 a.m. to 2 p.m.

9


4 of 8

9. Academic Servicesa. Dual Language Instruction Program

Recommendation: ActionPublic Comment: Two

Rocio Evans (parent) spoke being an advocate for the Dual Language Programs. She asked the board members to consider voting for these programs as an academic intervention, because it will raise achievement for all students.

Linda Stone (parent) stated she is supportive of the Dual Language Programs for all children.

Dr. Nakia Hardy (Deputy Superintendent of Academic Services) shared plans for the dual language programming in the Durham Public Schools and expanding of Southwest Elementary. She requested that the Board take action only on approving the programming at the two schools Bethesda Elementary School and Lakewood Elementary School) and the expansion of Southwest Elementary. Dr. Hardy stated if the programming is approved, the contract will be brought back to the with specific terms and the amount to a Board Work Session in April. She stated these two programs align directly with the Strategic Plan Priority I: Increase Academic Achievement.

Then, Dr. Hardy introduced Kimberly Marion, Director of Academic and Magnet Programs, to discuss the Dual Language Instruction Program.

Kimberly Marion (Director of Academic and Magnet Programs) reviewed briefly what is a Dual Language Immersion, the benefits of Dual Language Immersion, how student perform in these programs, and provide an overview of the program. She discussed a partnership with the Participate Learning group that will provide areas of support in Dual Language programming, Global School Model, Global Ambassador Program, and Comprehensive Services to guide long-range planning. Ms. Marion discussed a recommended timeline implementation plan.

Dr. Hardy mentioned again that the budget for this program will be brought back to the Board Work Session on April 11, 2019.

The Board members discussed the Dual Language Instruction Programs.

Bettina Umstead made a motion for administration to start the planning process for the Dual Language Program. Minnie Forte-Brown seconded, and the motion passed unanimously.

10


5 of 8

b. Summer Learning

Recommendation: Information/Discussion/Action Public Comment: None

Jamie Stroud (Director of School Innovation) provided an update of the 2019 Summer Learning. It was stated that the Summer Learning opportunities are connected to Priority 1 (Goals 1A, 1B, and 1C) of the Strategic Plan. Jamie stated the Summer Learning Program include:

• Mission Possible: Operation Literacy for Pre-K through Kindergarten

• Read to Achieve Camp for students in grades 1-3 who have not previously met the third grade reading promotion standards and strengthen K-3 foundational reading skills.

• Summer Scholars Advance Placement Camp provides students with skills needed to be

successful during an overview of advance placement (AP) coursework so that there is no “AP anxiety.”

• SPARK Camp provides AIG students enrichment in the summer and provides AIG Licensure

candidates a practicum experience.

• ESL Newcomer Academy and with the addition of summer packets to provide newcomer/refugees who ae in their first two-year in US schools with real-life experiences through accelerated instruction in English and Math.

• Extended School Year Services for special education students that are provide beyond the

school year when necessary to ensure that a student receives free appropriate public education. Skills are based on the specific goals and objectives of a child’s IEP and must be individually designed and implemented in order to meet the needs of the particular child. These services will vary in type, setting, inclusion of related services, amount, and duration. And, these services must be considered every year at a child’s IEP meeting. Students with an IEP can qualify to receive services if they demonstrate regression and an inability to recoup skills within a reasonable amount of time and/or critical emerging skills.

• High School Credit Options for grades 9-12, historically known as credit recovery and back on

track, are to assist senior who need to earn two credits or less to graduate and to ensure high school students have an opportunity to recover credit for a previously failed course.

• Take Two provides students with another opportunity to demonstrate proficiency on the End-

of Grad and End-of-Course assessments. The Board members discussed the re-administration of End-of-Grade and End-of-Course assessments during the Take Two summer program. Minnie Forte-Brown moved to accept this motion to spend this money so we can retest our children during the Take Two summer programs. Xavier Cason seconded. The motion passed 5 to 1 with Natalie Beyer opposing.

11


6 of 8

10. Operational Services a. Superintendent’s Proposed Budget for FY 2019-20

Recommendation: Information/Discussion/Action Public Comment: None

Paul LeSieur (Chief Financial Officer) presented the Superintendent’s proposed budget for the 2019-20 school year. The budget is aligned to the Strategic Plan Priority 1 through Priority 5. The budget was submitted for discussion and approval so that it can be submitted to the County in accordance with the MOU between the Board of Education and County Commissioners by May 15, 2019.

It was stated that we are asking the county for: • $8.25 million increase in operating appropriations to support progress in our Strategic Plan goals

• $1 million increase in capital funding to maintain our aging facilities.

• $2.6 million request for academic and student supports centered on Priorities 1 and 2 of the

Strategic Plan.

• $1.5 million to implement a classified salary adjustment that set a minimum $13.35/hour wage for full-time DPS employees. This requests aligns with Durham County Government’s living wage goals and Priority 3 of the DPS Strategic Plan.

• Majority of requested fund will increase by for teacher assistants, custodians, cafeteria workers,

maintenance workers, and other frontline staff service Durham Public Schools. Mr. LeSieur stated the current $1.37 million annual capital outlay appropriation has not increased in more than 10 years, and it is insufficient to cover basic deferred maintenance needs for all schools. The current appropriation amounts to just $23, 620 per facility. The operating budget also includes a request of $500,000 in new money for custodial services to ensure schools undergo deep cleaning in the summer months. Mr. LeSieur reported the budget timeline is as follows:

• March 21 –Superintendent’s Budget present to DPS Board of Education and sent to Durham County Government

• April 11 – Budget Hearing at the conclusion of the regularly schedule Work Session

• May – Budge amended if necessary

• May/June – DPS Budget presentation to Durham County Commissioners

• June – County Budget Hearing

• June – County Budget Approval

Board members had a discussion on the Superintendent’s proposed budget. Steven Unruhe made a motion to approve the Superintendent’s proposed budget, which was seconded by Minnie Forte-Brown. After discussion, Natalie Beyer moved to amend the motion to increase the requested county appropriation for capital outlay to six million dollars. The motion to amend was seconded by Bettina Umstead and approved unanimously. The original motion to approve the Superintendent’s proposed budget as amended passed unanimously.

12


7 of 8

11. Board Policies Section 1000 (Second Reading)a. Board Polices Section 1000

Recommendation: Information/Discussion/ActionPublic Comment: None

Tanya Giovanni (Chief of Staff) presented edited Policies Section1000 for final approval and adoption. She announced the website hosting the policies is now live.

Natalie Beyer moved approval of the 1000 series of Policies. Xavier Cason seconded and it passed unanimously.

12. Board of Educationa. Community Kitchen Feasibility Study

Recommendation: Information/Discussion/ActionPublic Comment: None

Natalie Beyer shared information regarding the concept of a Durham Public Schools Central Kitchen. Partnering with the Food Insight Group would be the largest benefactor to ensure our children will get quality food. It was recommended that a letter of commitment to support the DPS Central Kitchen Feasibility in the amount of $24,000.

Steven Unruhe made a motion that the Board commit to the $24,000 in support of a feasibility study contingent upon the raising of the remaining funds by other organizations to make the total of $120,000 to help fund the study. Minnie Forte-Brown seconded. The motion passed unanimously.

Chairman Lee stated he will be signing a letter on behalf of the Board in support of the feasibility study.

b. Safe Route to Schools City GrantRecommendation: Information/Discussion/ActionPublic Comment: None

Matt Sears presented a request from the city to support a Safe Route to Schools Grant that requires not financial input from the Board. The city needs a letter of support for the Safe Route to Schools Grant by Wednesday, March 27th. Mr. Sears stated if the city can get the grant, it would support walk-to-school events, bike education programs, etc.

Natalie Beyer moved approval of signing and sending a letter of support for the Safe Route to Schools Grant. Minnie Forte-Brown seconded. The motion passed unanimously.

Chairman Lee stated a letter will be sent to the city.

13


8 of 8

13. Closed Session At approximately 9:40 p.m., Natalie Beyer made a motion to go into closed session for the reasons stated on the agenda. Steven Unruhe seconded, and the motion passed unanimously. At approximately 10:54 p.m., Natalie Beyer moved to return to open session. Xavier Cason seconded, and the motion passed unanimously. Reconvened Open Session The open session reconvened at approximately 10:55 p.m. Dr. Mubenga stated he is seeking approval of the Personnel Reports dated March 21, 2019 that were discussed in the closed session. Natalie Beyer made a motion to approve the Personnel Reports dated March 21, 2019. Bettina Umstead seconded and the motion passed unanimously.

14. Adjournment

Having no further business, the meeting adjourned at approximately 10:56 p.m. ___________________ _________________________ Mike Lee Pascal Mubenga, PhD Chairman of the Board Superintendent

14

Date: 4/25/2019


PRECIS Agenda Item: Strategic Plan Update

Staff Liaison Present: Dr. Nakia Hardy, Deputy Superintendent Phone: 919-560-2000

Main Points:

• Periodic release of Strategic Plan Highlights documents to support communicationaround progress toward Strategic Plan goals

• Provide schools with a Strategic Plan School Toolkit to support communication withschool staff and community in order to deepen understanding of Durham Public Schools’Strategic Plan

Fiscal Implications:

• None

• Purpose

Information/Discussion X Action Consent

Reviewed by: Finance __________ Attorney _____

15

STRATEGIC PLAN BOARD UPDATE

April 25, 2019 - Dr. Nakia Hardy, Deputy Superintendent of Academics

18

OVERVIEW

• Strategic Plan Highlights Documents

• School Toolkit

19

STRATEGIC PLAN HIGHLIGHTS DOCUMENTS

20

STRATEGIC PLAN HIGHLIGHTS DOCUMENTS• One-page documents• Released regularly• Provide updates

> Strategic Plan Overall> Individual Priorities> Programs or Initiatives related to Priorities> Year-end Results

21

April 2019 Documents

Overview•Overall Update

Priority 1•School-based Support Update

Priority 2

•Discipline Data Update•Restorative Practice Centers

Priority 3•Recruitment and Retention Update

Priority 4

•Engagement and Partnership Update•Parent Communication Ladder

Priority 5•Safety and Security Update

22

STRATEGIC PLAN SCHOOL TOOLKIT

23

STRATEGIC PLAN SCHOOL TOOLKIT

• Purpose• Expectation

> Every school will feature elements of the strategic plan during one staff event and one parent/community event throughout the year

• Materials Provided> Timeline> Presentation> Talking points> Possible Activities> Feedback form

24

Proposed Timeline

Overview Priority 1 Priority 2 Priority 4 Priority 3 Priority 5

Materials Released:

May 1, 2019

Presentations Completed:

September 15, 2019

Materials Released:

September 16, 2019

Presentations Completed: November 1,

2019

Materials Released:January 13,

2020


March 6, 2020

Materials Released:

December 16, 2019

Presentations Completed: February 7,

2020

Materials Released:October 14,

2019


December 20, 2019

Materials Released:March 16,

2020

Presentations Completed: May 1, 2020

25

QUESTIONS & DISCUSSION

26

Priority 1: Increase Academic Achievement• Increase percentage of schools meeting

or exceeding growth

• Increase percentage of students achieving grade level proficiency

• Improve Graduation Cohort Rate

• Increase use of technology for personalizing learning

AS EVIDENCED BY• Implementing a school-based support model

including – Principal supervisors– Leadership coach– School-based teaching and learning

coaches

• Comprehensive districtwide coaching model including coaches, facilitators, and mentors

• Adopting a core curriculum for all schools in K-12 Literacy and K-5 Math– Issuing a Request for Proposal– Hosting Vendor Fairs for

• Administrators• Teachers• Parents and Community

• Working with counselors to identify andremove barriers to graduation

• Creating the Evening Academy to help students accelerate their progress towardgraduation

• Working with counselors to help studentsdevelop 4-year plans toward graduation

• Developing a Personalized Learning Surveyto be administered Spring 2019 that will determine current district usage

Priority 2: Provide A Safe School Environment that supports the whole child• Increase schools

implementing a cultural framework to support social-emotional health of students and staff

• Decrease the out of school suspension rates

AS EVIDENCED BY• Providing professional

development around Social Emotional Learning to district administrators and staff

• Adopting a district-approved Social Emotional Learning curriculum for elementary schools

• Establishing Restorative Practice Centers at 30 of our schools including at nine elementary schools, all middle schools, 6-12 schools, comprehensive high schools, and alternative schools.

• Developing a Restorative Practices framework for the district

Priority 4: Strengthen School, Family, and Community Engagement• Improve perception of DPS

schools on Teacher WorkingConditions Survey

• Increase family engagement in school programs

• Establish meaningful community partnerships with every school

AS EVIDENCED BY• Expanding schools’ social

media presence

• Developing an EnrollmentWorkgroup

• Hosting the “Say Yes to DPS” Event (February 2019)

• Creating a common definitions of family engagement and communityengagement

• Developing Family Engagement Framework andtools

• Strengthening Family Academy programming

• Creating the Multilingual Resource Center

• Creating a survey to collectbaseline data

Priority 3: Attract and Retain Outstanding Educators and Staff• Decrease the teacher

turnover rate

• Increase the percentage of educators identifying asHispanic/Latino

• Increase the employment satisfaction of all DPS staff

AS EVIDENCED BY• Advocating for competitive

teacher supplements

• Strengthening the BeginningTeacher Mentor program

• Marketing current benefitssuch as the Employee

Assistance Program and exploring new ones like Mindfulness Training

• Developing the first cohort ofthe TA to Teacher program

• Recruiting trips planned for Spring 2019 including to the Hispanic Educational Summit

• Administering Employee Engagement Survey

• Revamping all classified salary schedules to ensuremarket competitiveness

Priority 5: Ensure Fiscal and Operational Responsibility• Receive clean financial audit

awards every year

• Ensure cleanliness at everyschool building

• Ensure every elementary school has adequate space

• Improve the physical envi-ronment to support student learning and ensure safety

• Increase school bus transportation efficiency

AS EVIDENCED BY• Receiving all three financial

awards, including the two audit awards and the State Board of Education

Recognition of Achievement in Financial Resource Management

• Transitioing from contracted custodial program to internalcustodial services

• Evaluating elementary school capacities and space needs

• Earning a Transportation Efficiency Rating of 91.6% which was above the 2019 benchmark target

• Updating emergency response and crisis management procedures

• Using updated technology(Docusign)

May 2019

DRAFT

27

P R I O R I T Y 1Increase Academic Achievement

School-based Support Update

IN PLACE

• School-based supportmodel implementedto include PrincipalSupervisors,Leadership Coachand School-basedCoaches

• Drop-Out Prevention Coordinators

• Monthly Coaches’ Academy with professional learning

• Established scheduling priorities

• Established of curriculum reviewcommittee

• Request for proposals (RFP) createdfor core curriculum adoption in K-12literacy and K-5 mathematics

• Evening Academy to help studentsaccelerate progress toward graduation

IN PROGRESS

• Increasing blendedlearning

opportunities for professional development

• Collection ofprofessional development

evaluation data

• Curriculum reviewprocess underway for core

curriculum adoption

• Intervention period in master schedules

• Developing and monitoring 4-year plansfor every high school student

• Providing professional learning forcounselors, principals, and teachersspecific to 4-year plans and addressinginstitutional barriers for students

NEXT STEPS

• End of Year Benchmark data analysis support

• Development of summer professional development

• Continue stakeholder engagement in selecting high quality curriculum

• Provide additional support for Credit Recovery and Summer Programs

• Emphasize Restorative Justice and increasing mental health support

May 2019

DRAFT

28

P R I O R I T Y 2Provide a Safe School Environment that Supports the Whole Child

Discipline Data UpdateSUSPENSION RATES DOWN

NEXT STEPS

• Convening the Equity and WholeChild Advisory

• Identifying disciplinary trends andproviding support for educatorsand students

• Revisiting conversations andapplication of the BehaviorMatrices

• Additional training foradministrators and staff regardingdocumenting incidents inEducator’s Handbook

• Train all Principals and AssistantPrincipals using RestorativePractices by December 2019

As a result of transitioning from

In-School Suspension (ISS)

to Restorative Practice

Centers, ISS rates are down overall

to 4.99%, including a

decline in nearly every subgroup

Short Term Suspension rates

are down overall to

2.62% from 4.7% last year

Decline in nearly every

subgroup

May 2019

DRAFT

29

P R I O R I T Y 2Provide a Safe School Environment that Supports the Whole Child

Restorative Practice Centers Update

IN PLACE

• Development of a DistrictRestorative Practice Center (RPC)Framework Guide

• August 2018 Beginning ofYear Launch Training for RPCCoordinators and AssistantPrincipals

• December 2018 Mid-Year Updatefor RPC Coordinators

• School based on-site coachingand consultation for schools withlate hire RPC Coordinators

• Identification of DistrictRestorative Leadership Team

IN PROGRESS

• On-site school visits for RPCsand administrators to receiveindividual coaching andconsultation

• Student Services visits to schools with Restorative Practice Centers to facilitate discussion of Restorative Practices

• Monitoring of discipline data and visiting schools to reduce recidivism of schools most frequently using RPC

• Training and coaching from contracted consultant International Institute of Restorative Practices

NEXT STEPS

• Provide update to Principals onRestorative Practice Centers

• Train school administrators andSchool Student Services Teamson Restorative Practices

• End of year reflection andevaluation for RPCs to plan for2019-2020

May 2019

DRAFT

30

P R I O R I T Y 3Attract and Retain Outstanding Educators and Staff

Recruitment and Retention Update

IN PLACE

• Offering early contractsthroughout recruitment seasonfor stellar candidates

• Hosted 2nd annual regional jobfair at DPS, and holding annualDPS job fair, which attractshundreds of candidtes, and is ourmain source of recruitment

• Marketing the overall satisfactionrate of our beginning teachermentor program (93%), asreported by current BTs

• Reviewing teacher turnover rateson a monthly basis and sharingwith principal supervisors

• Launch of employee engagementsurvey (for classified and centraloffice staff)

IN PROGRESS

• Exploring mindfulness and wellness strategies to helpemployees cope with stress

• Finalizing classified salary scalerecommendations

• Increasing the number of TA toTeach participants for the 2019-20 school year, doubling ourcurrent numbers

• Offering fee reimbursement (to alimited number of teachers basedon available funding) to those whosuccessfully complete requiredlicense tests

• Increasing our recruitmentpresence at local communityevents

NEXT STEPS

• Create at least one wellnessworkshop/mindfulness training

• Establish a pilot program focusedon employee wellness

• Contact candidates met atrecruitment events and create ashared candidate database

• Increase the numbers of culturalexchange teachers (J1 visaholders), who can remain at DPSfor up to five years

• Increase the numbers of teachersenrolled in approved educatorpreparation programs who receivepartial tuition reimbursement

• Analyze data from employeeengagement survey

• Create a comprehensive salaryguide for classified and centraloffice administrator staff

May 2019

DRAFT

31

P R I O R I T Y 4Strengthen School, Family, and Community Engagement

Engagement and Partnership Update

IN PLACE• Principal Feedback

Survey on Familyand CommunityEngagement togather baselinedata aroundprogrammingand partnerships

• Creation of MultilingualResource Center

• Town Hall Forums forfamilies and community membersto give insight and feedback

• “Family Engagement” formally definedas a school standard

• Career-Technical Education AdvisoryBoard

• Establishment of DPS Foundation

IN PROGRESS• Data analysis of Principal

Feedback Survey onFamily and Community

Engagement

• Development of adistrict StakeholderSurvey on Familyand Community

Engagement

• Say YES! to DPS enrollment campaign

• Enrollment Work Group to identifyopportunities to increase studentenrollment

• Needs-based partner matching

NEXT STEPS• Continue Town Hall forums and

community conversations

• Develop a systematic method forcapturing success stories andidentifying influencers

• Re-establish online partnership portal

• Deploy awareness campaign forschool-community partnerships

May 2019

DRAFT

32

P R I O R I T Y 4Strengthen School, Family, and Community Engagement

PARENT COMMUNICATION LADDER

Most times, if you have a concern about your child’s educational experience, the fastest way to a positive result is by starting at your school with the teacher or principal.

If after reaching out to the school you still need more help, our Office of School Relations will be your guide.

Your teachers and principal care about your child’s success. Please do not hesitate to let them know of any concerns.

Alfreda Gentry

Office of School Relations

919-560-3755 [email protected]

Victoria Henderson


919-560-3713

Victoria.Henderson@ dpsnc.net

Nicole Jones

Special Projects Assistant to Deputy Superintendent

919-560-3874

[email protected]

Sylvia Rogers

Executive Assistant to Superintendent

919-560-3749

[email protected]

Sandra Clemons-White

Executive Assistant to Board of Education

919-560-2502

[email protected]

Student / Family

Teacher / School Staff

Principal / Assistant Principal


Deputy Superin-tendent

Superin-tendent

School Board

May 2019

DRAFT

33

P R I O R I T Y 5Ensure Fiscal and Operational Responsibility

Safety and Security Update

IN PLACE

• Emergency response and crisismanagement procedures forschools have been updated

• School physical environmentstandards for safety and security(door access, camera and alarmsystems, secure entrance) havebeen developed

• School physical environmentstandards have been auditedto determine the status of thephysical environment at eachschool

IN PROGRESS

• Updating each school to alignwith district standards -- Thepercentage of schools that are incompliance, at this time, withDPS standards include:

» 92% for updated camerasystems

» 91% of schools for secureentrances (completed byend of summer 2019)

NEXT STEPS

• School administrators will betrained to access and utilize theonline School Risk ManagementPlan (SRMP) through the NCSchool Risk and ResponseManagement System (SRRMS), managed by the Division ofEmergency Management

• Finalize the schematics followingthe updated camera systemupgrades

• Continue evaluating schools toDPS standards

May 2019

DRAFT

34

Prioridad 1: Aumentar el Rendimiento Académico• Aumentar el porcentaje de escuelas que cumplen o superan el crecimiento

• Aumentar el porcentaje de los estudiantes que están logrando competencia en el nivel de grado

• Aumentar la tasa de Graduación

• Incrementar el uso de la tecnología para personalizar el aprendizaje

COMO LO DEMUESTRA

• Implementación de apoyo escolar que incluye– Supervisores principales– Entrenador de Liderazgo– Entrenadores de enseñanza y aprendizaje

escolar

• Modelo de capacitación integral en todo el distrito que incluye entrenadores, facilitadores y mentores

• Adoptar un plan de estudios básicos para todas las escuelas en Alfabetización K-12 y Matemáticas K-5

– Emisión de una solicitud de propuesta– Ferias de proveedores de alojamiento para

• Administradores• Maestros• Padres y Comunidad

• Trabajar con consejeros para identificar y eliminarbarreras que interfieran con la graduación

• Crear la Academia nocturna para ayudar a losestudiantes a acelerar su progreso hacia la graduación

• Trabajar con consejeros para ayudar a los estudiantes a desarrollar planes de 4 años hacia la graduación

• Desarrollar una encuesta de aprendizaje personalizada para administrar en la primavera del2019 que determinará el uso actual de Distrito

Prioridad 2: Proporcionar un Ambiente Escolar Seguro que Apoye al Niño como persona integral• Aumentar las escuelas

implementando un marco cultural para apoyar la salud socioemocional de los estudiantes y el personal

• Reducir las tasas de suspensiónfuera de la escuela

COMO LO DEMUESTRA

• Proporcionar desarrollo profesional alrededor del aprendizaje socioemocional a los administradores y al personal delDistrito

• Adoptar un plan de estudios de aprendizaje social y emocional aprobado por el Distrito para lasescuelas primarias

• Estableciendo Centros de Prácticas Restaurativas en 30 de nuestras escuelas, incluyendo en nueve escuelas primarias, todas las escuelas intermedias, 6-12 escuelas secundarias integrales y escuelas alternativas

• Desarrollar un marco de Prácticas Restaurativas para elDistrito

Prioridad 4: Fortalecer la Participacion Escolar, Familiar y Comunitaria• Mejorar la percepción de las

escuelas de DPS en la Encuesta de condiciones de trabajo de docentes

• Aumentar la participaciónfamiliar en los programas escolares

• Establecer asociaciones comunitarias significativas concada escuela

COMO LO DEMUESTRA• Ampliar la presencia de las redes

sociales en las escuelas

• Desarrollar un grupo de trabajode inscripción

• Organizar el evento Diga Sí a DPS

(febrero del 2019)

• Crear una definición común de compromiso familiar y compromiso comunitario

• Desarrollar un marco y herramientas de participaciónfamiliar

• Fortalecimiento de la programación familiar académica

• Creación del Centro de RecursosMultilingüe

• Crear una encuesta para recopilar datos de referencia

Prioridad 3: Atraer y Retener Educadores y Personal Sobresaliente• Disminuir la tasa de rotación

docente

• Aumentar el porcentaje de educadores que se identifican como hispanos/latinos

• Aumentar la satisfacción laboral de todo el personal de DPS

COMO LO DEMUESTRA• Abogar por los suplementos de

maestros competitivos

• Fortalecimiento del programade mentores de maestros principiantes

• Beneficios actuales de mercadeo tales como el Empleado Explora nuevos programas de asistencia como, Entrenamiento de Consciencia plena

• Desarrollar el primer grupo delprograma “TA to Teach”

• Viajes de reclutamiento planeados para la primavera del2019, incluso para la Cumbre Educativa Hispana

• Administración de la encuesta de participación de los empleados

• Renovar todos los esquemas de salarios clasificados para garantizar la competitividad del mercado.

Priority 5: Ensure Fiscal and Operational Responsibility• Recibir premios de auditoría

financiera transparente cada año

• Asegurar la limpieza en cada edificio escolar

• Asegurar que cada escuela primaria tenga espacio adecuado

• Mejorar el entorno físico paraapoyar el aprendizaje de los estudiantes y garantizar la seguridad

• Aumentar la eficiencia del transporte escolar

COMO LO DEMUESTRA• Recibiendo los tres premios

financieros, incluyendo los dos deauditoría y la Junta de Educación

del Estado Reconocimiento de Logro en Gestión de Recursos Financieros

• Transición del programa de conserjes contratados a los servicios de conserjes internos

• Evaluar las capacidades de la escuela primaria y las necesidades de espacio

• Obtención de una calificación de eficiencia de transporte del 91.6% que estaba por encima del objetivo de referencia del 2019

• Actualización de procedimientos de respuesta a emergencias y gestión de crisis

• Utilizando tecnología actualizada (Docusign)

Mayo 2019

DRAFT

35

P R I O R I D A D 1Aumentar el Rendimiento Académico

Apoyo Escolar Actualización

ESTABLECIDO

• Se implementó un modelode apoyo basado enla escuela paraincluir supervisoresprincipales, entrenadoresde liderazgo yentrenadoresbasados en laescuela

• Coordinadores de prevención de deserciónestudiantil

• Entrenadores mensuales Academia con formación profesional

• Establecimiento de prioridades deprogramación

• Establecimiento del comité de revisióncurricular

• Solicitud de propuestas (RFP) creada parala adopción del plan de estudios básico enalfabetización K-12 y Matemáticas K5

• Academia vespertina para ayudar a losestudiantes a acelerar el progreso hacia lagraduación

EN PROGRESO

• Mayores oportunidades deaprendizaje combinado

para el desarrollo profesional

• Recopilación dedatos de evaluaciónde desarrolloprofesional

• Proceso de revisióndel currículo en curso

y la adopción de nuevo currículo

• Período de intervención enloshorarios principales

• Desarrollar y monitorear planes de4 años para cada estudiante desecundaria

• Proporcionar aprendizaje profesionalpara consejeros, directores ymaestros específicos a los planesde 4 años y abordar las barrerasinstitucionales para los estudiantes

PRÓXIMOS PASOS

• Apoyo de análisis de datos de puntode referencia de fin de año

• Desarrollo de la capacitaciónprofesional de verano.

• Continuar la participación de losinteresados en la selección de unplan de estudios de alta calidad

• Proporcionar apoyo adicional para larecuperación de crédito y programade verano

• Énfasis en la justicia restaurativa y elaumento del apoyo a la salud mental

Mayo 2019

DRAFT

36

P R I O R I D A D 2Proporcionar un Ambiente Escolar Seguro que Apoye al Niño como persona integral

Actualización de los Datos de Disciplina

SUSPENSION RATES DOWN

PRÓXIMOS PASOS• Reunir el comité de Equidad y

Asesoramiento al Niño comopersona integral para continuarconversaciones y monitorear suimplementación

• Identificar tendencias disciplinarias y brindar apoyo aeducadores y estudiantes

• Revisar las conversaciones sobrela aplicación de las Matrices deComportamiento

• Capacitación adicional paraadministradores y personalescolar con respecto a ladocumentación de incidentes decomportamiento en el Manual delEducador.

• Todos los Directores ySubdirectores recibieroncapacitación en PrácticasRestaurativas a más tardar al finalde diciembre del 2019

Las tasas de ISS han bajado a 4.99%Como

resultado de la transición de Suspensiones dentro de la

escuela (ISS) a Centros de Prác-tica RestaurativaIncluyendo una disminución en casi todos los

subgrupos

Las suspensiones de corto plazo han bajado un

2.62% de 4.7% del año pasado

Disminución en casi todos los

subgrupos

Mayo 2019

DRAFT

37

P R I O R I D A D 2Proporcionar un Ambiente Escolar Seguro que Apoye al Niño como persona integral

Centros de Prácticas Restaurativas Actualización

ESTABLECIDO• Desarrollo de una Guía del Centro

de Prácticas Restaurativas delDistrito (RPC)

• Iniciar entrenamiento paraCoordinadores y Subdirectores deRPC al comienzo del año escolar2018

• Actualización para losCoordinadores de RPC amediados de año diciembre del2018

• Capacitación y consulta en ellugar de la escuela para escuelascon contrataciones tardías deCoordinadores de RPC

• Identificación del Equipo deLiderazgo Restaurativo delDistrito

EN PROGRESO• Visitas a las escuelas para que

los RPC y los administradoresreciban entrenamiento y consultasindividuales

• Los servicios estudiantiles visitaron las escuelas con Centros de Práctica Restaurativa para facilitar el debate sobre las Prácticas Restaurativas

• Monitoreo de datos de disciplina y visitas a escuelas para reducir la reincidencia de las escuelas que usan RPC con mayor frecuencia

• Capacitación y entrenamiento del consultor contratado Instituto Internacional de Prácticas Restaurativas

PRÓXIMOS PASOS• Proporcionar actualización a los

Directores en Centros de PrácticaRestaurativa

• Capacitar a los administradoresy a los Equipos de Serviciosestudiantiles en PrácticasRestaurativas

• Reflexión y evaluación de fin deaño para los RPC para planificarpara el 2019-2020

Mayo 2019

DRAFT

38

P R I O R I D A D 3Atraer y Retener Educadores y Personal Sobresalientes

Reclutamento y Retención Actualización

ESTABLECIDO• Ofrecer contratos previos durante

la temporada de reclutamiento acandidatos altamente calificados

• Organizamos la segunda feria regionalde empleos en DPS y la celebraciónde la feria anual de empleos de DPSque atrae a cientos de candidatosy es nuestra principal fuente dereclutamiento

• Comercializar la tasa de satisfaccióngeneral de nuestro programa dementores para nuestros principiantes(93%), según lo informado por losactuales BT

• Revisar la tasa de rotación demaestros mensualmente y compartiresta información con los supervisoresprincipales

• Lanzamiento de la encuesta paraempleados (para personal clasificadoy de la oficina central)

EN PROGRESO• Explorar estrategias de consciencia

plena y bienestar para ayudar a losempleados a sobrellevar el estrés

• Finalizar recomendaciones de escalasalarial clasificada

• Aumentar el número de participantesen el programa “TA to Teach” parael año escolar 2019- 20, duplicandonuestros números actuales

• Ofrecer un reembolso del costo delas pruebas de licencia requeridas aaquellos que las completen con éxito(según los fondos disponibles)

• Aumentar nuestra presencia dereclutamiento en eventos de lacomunidad local

PRÓXIMOS PASOS• Crear al menos un taller de bienestar/

consciencia plena

• Establecer un programa pilotocentrado en el bienestar de losempleados

• Ponerse en contacto con loscandidatos que se presentaron en loseventos de contratación y crear unabase de datos compartida.

• Aumentar el número de maestros deintercambio cultural (titulares de lavisa J1) que pueden permanecer enDPS hasta por 5 años.

• Aumentar el número de maestrosinscritos en programas aprobadosde preparación de educadores quereciben reembolsos parciales dematrícula

• Analizar los datos de la encuesta decompromiso de los empleados

• Crear una guía completa de salariospara el personal clasificado yadministrativo de la oficina central

Mayo 2019

DRAFT

39

P R I O R I D A D 4Fortalecer la Participación Escolar, Familiar y Comunitaria

Actualización sobre las conexiones comunitarias y compromiso del personal escolar

ESTABLECIDO• Recopilar datos de

referencia sobre programación y asociación de la información obtenida en la encuesta de directores sobre la participación y compromiso comunitario.

• Creación de un Centro de Recursos Multilingüe

• Foros de Ayuntamiento para familias y miembros de la comunidad para dar ideas y comentarios

• “Compromiso Familiar” definido como un estándar escolar

• Consejero Asesor de Educación Profesional y Técnica

• Establecimiento de la Fundación DPS

EN PROGRESO• Análisis de datos de la

encuesta de directores escolares sobre el

compromiso familiar y comunitario

• Desarrollo de una encuesta distrital de partes interesadas sobre

la participación y compromiso

comunitario

• Continuar con los Foros de Ayuntamiento y

conversaciones con la comunidad

• ¡Diga SÍ! a la campaña de inscripción de DPS

• Grupo de trabajo de inscripción para identificar oportunidades para aumentar la inscripción de estudiantes

• Hacer enlaces entre grupos comunitarios y ecuelas necesitadas

PRÓXIMOS PASOS• Continuar con los Foros de

Ayuntamiento y conversaciones con la comunidad

• Desarrollar un método sistemático para capturar historias de éxito e identificar influenciadores

• Reestablecer el portal de asociados en línea

• Implementar una campaña de sensibilización para la fomentación de la asociación escuela-comunidad

Mayo 2019

DRAFT

40

P R I O R I D A D 4Fortalecer la Participación Escolar, Familiar y Comunitaria

Escalera de comunicación para padres

La mayoría de las veces, si tiene alguna inquietud acerca de la experiencia educativa de su hijo/a, la manera más rápida de obtener un resultado positivo es empezar en la escuela con el maestro/la maestra o el director/la directora.

Si, luego de acercarse a la escuela, aún necesita más ayuda, nuestra Oficina de Relaciones Escolares será su guía.

Sus maestros/as y director/a se ocupan del

éxito de su hijo/a. No dude en hacerles saber cualquier inquietud que

tenga.

Alfreda Gentry

Oficina de Relaciones Escolares

919-560-3755 [email protected]

Victoria Henderson


919-560-3713

Victoria.Henderson@ dpsnc.net

Nicole Jones

Asistente de Proyectos Especiales del Superintendente Adjunto

919-560-3874

[email protected]

Sylvia Rogers

Asistente Ejecutiva del Superintendente

919-560-3749

[email protected]

Sandra Clemons-White

Asistente Ejecutiva del Consejo de Educación

919-560-2502

[email protected]

Estudiante / Familia

Maestro/a / Personal escolar

Director escolar / Asistente al


Superin-tendente adjunto

Superin-tendente

Consejo escolar

Mayo 2019

DRAFT

41

P R I O R I D A D 5Asegurar la Responsabilidad Fiscal y Operativa

Seguridad y Protección Actualización

ESTABLECIDO

• Se actualizaron los procedimientos de respuesta a emergencias y gestión de crisis en las escuelas

• Se han desarrollado estándares de entorno físico escolar para la seguridad y protección (puertas, sistema de cámaras, y alarma entrada segura)

• Los estándares del entorno físico escolar se han auditado para determinar el estado del entorno físico en cada escuela

EN PROGRESO

• Actualización de cada escuela para alinearse con las normas del distrito. El porcentaje de escuelas que cumplen con las normas de DPS. en este momento incluyen:

» 92% de los sistemas de cámaras actualizados

» 91% de escuelas con entradas seguras (finalizado a fines del verano del 2019)

PRÓXIMOS PASOS

• Los administradores escolares recibirán capacitación para acceder y utilizar el Plan de Gestión de Riesgos Escolares (SRMP) en línea a través del sistema de Gestión de Respuesta y Riesgos Escolares de Carolina del Norte (SRRMS) administrado por la División de Gestión de Emergencias

• Finalizar los esquemas siguiendo los sistemas de cámara actualizados

• Continuar evaluando las escuelas a los estándares de DPS

Mayo 2019

DRAFT

42


Durham Public Schools

Board of Education

PRECIS

Agenda Item: Real Estate Purchase Contracts for Northern High School Replacement Project

Staff Liaison Present: Fred Jernigan, AIA Phone#: 560-2276

Main Points:

2016 Bond funds provide for replacement of existing Northern High School. The age and

condition of the facility make the replacement necessary.

Staff and Design Team have completed site selection process with Real Estate agent.

Attorney has drafted Real Estate Purchase Contracts for selected site. Negotiated price as

follows:

4804 N. Roxboro St. (57.15 Acres): $2,565,000.00

4622 N. Roxboro St. (19.37 acres): $716,690.00

Total: $3,281,690.00

Administration submits this information and the proposed contracts for action.

Fiscal Implications:

2016 Bond funds provide for replacement of existing Northern High School. Preliminary Budget

for site purchase was $3,600,000.00.

Purpose

Information/Discussion Action Consent


43

RM

1

NORTH CAROLINA

DURHAM COUNTY

REAL ESTATE PURCHASE CONTRACT

WHEREAS, the Durham Public Schools Board of Education ("Buyer") hereby agrees to purchase, and WD/DW LLC ("Seller") hereby agrees to sell and convey that parcel of land described as being Durham County Tax Plat Book 5A, Page 68, Durham County, North Carolina, consisting of approximately nineteen point thirty-seven (19.37) acres located on 4622 N. Roxboro Street, Durham, NC 27704 as illustrated in Exhibit A, the exact location to be jointly agreed upon by Buyer and Seller, together with all improvements located thereon, and all appurtenances thereto belonging or appertaining, and all right, title and interest which seller may have in all creeks, streams, rights-of-way, roads, streets and ways bounding said property (the "Property").

NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein contained and the earnest money deposit set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged and confessed, the parties hereto agree to the following terms and conditions:

1. PURCHASE PRICE: The purchase price is $37,000 per acre and shall be basedupon the survey referred to in paragraphs 2.c.(1), and shall be paid as follows:

a. $5,000 in earnest money paid by check to Investors Title Insurance Companywithin five (5) business days of the execution of this Contract, to be held in trustuntil the sale is closed, at which time it will be credited to Buyer, or until thisContract is otherwise terminated and it is disbursed in accordance with theterms of this Contract.

b. The balance of the purchase price, in cash at closing.

2. CONDITIONS: The obligation of Buyer to purchase the Property is subject to thesatisfaction at or prior to closing of the following conditions:

a. The Buyer shall obtain an appraisal of the Property for a value that is equal toor greater than the purchase price in Section 1 above.

b. The Durham County Board of Commissioners must, prior to closing, disburseto Buyer sufficient funds to pay the full balance of the purchase price for theProperty.

[1] 44

2

c. Within one hundred twenty (120) days after the date that the Chairman of the Durham Public Schools Board of Education signs this Contract, Buyer must be able to obtain, at its expense, the following:

(1) a survey of the Property by a registered land surveyor and a legal

description that conforms to the survey;

(2) a determination of the suitability of the Property for providing on sitewater supply and wastewater disposal for the intended use;

(3) a determination that there will be no adverse affect to the intended use of

the Property due to the existence of rock or other unsuitable soil conditions;

(4) a determination that there are no zoning, engineering or land planning

conditions that would have an adverse effect on the intended use of the Property; and

(5) an environmental assessment of the Property to determine the existence

of conditions that may be governed by Federal, State or Local Environmental Laws. Failure to determine such conditions by this inspection shall not relieve Seller of its obligation to indemnify Buyer from any claims under Federal, State or Local Environmental Laws as required by other sections of this Offer to Purchase and Contract.

d. Seller agrees that it has an affirmative duty to cooperate with buyer in Buyer=s

testing and investigation of the Property for an environmental assessment and disclose any and all information about the Property that may be useful in such an assessment. Seller shall furnish at closing an affidavit and indemnification agreement in a form suitable to Buyer stating that:

(1) Buyer is relieved of any liabilities, claim, penalties, fines, costs, or charges

that may occur as a result of any action against the Property under Federal, State, or Local Environmental Laws;

(2) the Property is not the subject of any active, or pending action, by the

North Carolina Department of Environmental Quality under Federal, State, or Local Environmental Laws;

(3) the Property is not subject to any casualty damage;

(4) there is no Hazardous Material (as hereinafter defined) on the Property,

whether such Hazardous Material was placed by spill, release, discharge, disposal or storage, nor has any Hazardous Material penetrated any waters including, but not limited to, streams crossing or abutting the Property or the aquifer underlying the Property. Hazardous Material as used in this

[2] 45

3

Offer to Purchase and Contract means any hazardous or toxic substance, material, waste or similar term which is regulated by local authorities, the State of North Carolina and/or the Federal Government, including, but not limited to, any material substance, waste or similar term which is:

(a) defined as a Hazardous Material under the laws of the State of North

Carolina, as amended from time to time;

(b) defined as a hazardous substance under Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), as amended from time to time;

(c) defined as a hazardous waste under Section 1004 of the Federal

Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et. seq.), as amended from time to time;

(d) defined as a hazardous waste substance under Section 101 of the

Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), as amended from time to time;

(e) defined as hazardous waste or toxic substance, waste, material or

similar term in any rules and regulations, as amended from time to time, which are adopted by any administrative agency including, but not limited to, the Environmental Protection Agency, the Occupational Safety and Health Administration, and any such similar State or Local agency having jurisdiction over the Property whether or not such rules and regulations have the force of law; or

(f) defined as a hazardous or toxic waste, substance, material or similar

term in any statute, regulation, rule or law enacted or adopted at any time after the date of this Contract by local authorities, the State of North Carolina, and/or the Federal government; and

(5) the Seller has completed and caused the Property to comply with all laws

and ordinances, and all rules and regulations of all authorities having jurisdiction over the Seller, the Property, or the use thereof, relative to any Hazardous Material; and

(6) there is no other property presently owned or used by Seller, the existence

of such Hazardous Material upon or discharge of such Hazardous Material from, which might cause any charge or lien upon the Property.

[3] 46

4

Buyer's obligation to purchase the subject Property is expressly conditioned upon the foregoing representations of Seller being true and accurate on the date hereof and on the date possession of the Property is transferred by Seller to Buyer; and these representations and warranties shall be deemed extended through the date possession is transferred unless Seller advises Buyer in writing of any changes prior to transfer of possession. These representations and warranties shall survive closing and transfer of possession.

e. Seller shall disclose to Buyer, prior to closing, any information regarding the

use of the Property, or any portion thereof, in a manner that is regulated by Federal, State, or Local Environmental Laws.

f. There must be no restrictions, easements or governmental regulations other

than zoning regulations that would prevent the reasonable use of the Property for school purposes. If such conditions exist, it is the responsibility of the Buyer to inform the Seller of said conditions and Seller will exert his best efforts to cure same prior to closing. If Seller is unsuccessful in timely curing said conditions, Buyer may cancel this Contract, whereupon all deposit monies shall be returned to Buyer, or, in the alternative, Buyer may waive the objectionable conditions and close pursuant to the terms of this Contract.

g. If there are any zoning regulations or special use permit requirements that

could prevent the reasonable use of the Property for school purposes, the Seller shall assist the Buyer in the Buyer’s rezoning and special use permit efforts to whatever extent the Buyer may request, but the Seller shall have no duty to incur any expense in such rezoning and special use permit efforts.

h. The Property must be in substantially the same condition at closing as on the

date of this offer, reasonable wear and tear excepted.

i. All deeds of trust, liens and other monetary charges against the Property which can be satisfied by the payment of money must be paid and cancelled by Seller prior to or at closing.

j. Title must be delivered at closing by general warranty deed and must be fee

simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to the date of closing), utility easements and unviolated restrictive covenants, neither of which materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right-of-way.

k. Seller shall provide to Buyer, if in the Seller’s possession, the following

information within ten (10) days after the execution of this Contract by Seller and Buyer:

(1) Boundary survey;

[4] 47

5

(2) Existing Title Policy (if any); (3) Topographic Survey; (4) Environmental Report(s); (5) Soil Analysis; (6) Leases affecting the property (if any); and (7) Any other reports or building plans necessary for project due diligence.

l. Buyer shall have the ability to simultaneously acquire an immediately adjacent

57.15 acre tract from Durham Roxboro Retail Investment LLC.

3. FAILURE OF CONDITIONS: If any of the conditions in this document are not met, Buyer has the option to waive the satisfaction of any unsatisfied conditions. If Buyer elects not to waive the satisfaction of any unsatisfied conditions, Buyer shall have the right to rescind the Contract and recover all of its earnest money deposit. If Seller breaches the Contract in any other way, Buyer shall recover its earnest money deposit without prejudice to any other remedies it may have for the breach.

4. SELLER REPRESENTATIONS AND WARRANTIES: Seller makes the

following representations and warranties to and for the benefit of Buyer which shall be true on the date of closing as though such representations and warranties were made at such time and shall survive the passing of title:

a. ASSESSMENTS: Seller warrants that there are no encumbrances or special

assessments, either pending or confirmed, for sidewalk, paving, water, sewer or other improvements on or adjoining the Property.

b. CLAIMS AND SUITS: Seller has not entered into any agreement with

reference to the Property, and neither Seller nor the Property are subject to any claim, demand, suit, unfiled lien, proceeding or litigation of any kind, pending or outstanding, or to the knowledge of Seller, threatened or likely to be made or instituted which would in any way be binding upon Buyer or its successors or assigns or affect or limit buyer's full use and enjoyment of the Property or which would limit or restrict in any way Seller's right or ability to enter into this Contract and consummate the sale and purchase contemplated hereby.

c. COMPLIANCE WITH APPLICABLE LAWS: Seller has complied with all

applicable laws, ordinances, regulations, statutes, rules and regulations affecting the Property and no portion of the Property has been used for the production, storage or disposal of toxic or hazardous waste materials of any kind.

d. FOREIGN PERSON: Seller is not a "foreign person" as defined in the Foreign

Investor Reporting and Property Tax Act and shall provide an affidavit to such effect at closing.

[5] 48

6

5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and adjusted between the parties or paid at closing:

a. Ad valorem taxes on the Property shall be prorated on a calendar year basis to

the date of closing.

b. Ad valorem taxes on personal property for the entire year shall be paid by Seller.

c. All late listing penalties, if any, shall be paid by Seller.

d. Rents, if any, for the Property shall be prorated to the date of closing.

e. Accrued but unpaid interest and other charges to Seller, if any, shall be\ computed to the date of closing and paid by Seller; interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer.

f. Seller shall be responsible for any claim for brokerage commission because of

this sale.

6. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in a form satisfactory to Buyer showing that all charges for labor or materials, if any, furnished to the Property within 120 days before the date of closing have been paid and agreeing to indemnify buyer against all loss from any claim arising therefrom.

7. CLOSING EXPENSES:

a. Seller shall pay for the preparation of a deed, for the revenue stamps required by law and for other recording costs. Seller shall also pay for its own legal counsel and any other costs customarily borne by sellers of real property in Durham County, North Carolina.

b. Buyer shall pay for updated survey, costs of its own investigations, title insurance, costs of its own legal counsel, and any other costs customarily borne by purchasers of real property in Durham County, North Carolina. Buyer shall pay for recording the deed.

8. EVIDENCE OF TITLE: Seller shall deliver to Buyer, as soon as possible after the

acceptance of this offer, copies of all title information available to Seller, including but not limited to, title insurance policies, attorneys' opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property.

9. ASSIGNMENT: This Contract may not be assigned without the written agreement

of all parties, but if the same is assigned by agreement, then the same shall be binding on the assignee and his heirs.

10. BINDING EFFECT: This Contract shall be binding and shall inure to the benefit

of the parties and their heirs, successors and assigns.

[6] 49

7

11. SURVIVAL: Any provision of this Contract which by its nature and effect is

required to be observed, kept or performed after the closing shall survive the closing and remain binding upon and for the benefit of the parties until fully observed, kept or performed.

12. SELLER'S AUTHORITY: Seller warrants and represents that it has full and

complete power and authority to enter into this Contract in accordance with all the provisions contained herein and that there is no person or entity that has any interest in the Property other than the parties to this Contract.

13. RIGHTS OF BUYER PRIOR TO CLOSING: Buyer, its agents, employees or

other representatives shall have the right during the term of this Contract to go upon the Property for the purpose of making such surveys, engineering, topographical, geological and other tests and measurements including, but not limited to, soil tests, percolation tests and subsoil tests as Buyer deems necessary or advisable.

14. REMEDIES.

a. If the purchase and sale of the Property is not consummated in accordance with the terms and conditions of this Contract due to circumstances or conditions which constitute a default by Buyer under this Contract, the Earnest Money shall be delivered to Seller as full liquidated damages for such default. Seller and Buyer acknowledge that Seller’s actual damages in the event of a default by Buyer under this Contract will be difficult to ascertain, that such liquidated damages represent the Seller’s and Buyer’s best estimate of such damages, and that Seller and Buyer believe such liquidated damages are a reasonable estimate of such damages. Seller and Buyer expressly acknowledge that the foregoing liquidated damages are intended not as a penalty, but as full liquidated damages in the event of Buyer’s default and as compensation for Seller’s taking the Property off the market during the term of this Contract. Such delivery of the Earnest Money shall be the sole and exclusive remedy of Seller by reason of a default by Buyer under this Contract, and Seller hereby waives and releases any right to sue Buyer, and hereby covenants not to sue Buyer, for specific performance of this Contract or to prove that Seller’s actual damages exceed the Earnest Money which is herein provided Seller as full liquidated damages.

b. If (i) any representation or warranty of Seller set forth in this Contract shall prove to be untrue or incorrect in any respect, or (ii) Seller shall fail to keep, observe, perform, satisfy or comply with, fully and completely, any of the terms, covenants, conditions, agreements, requirements, restrictions or provisions required by this Contract to be kept, observed, performed, satisfied or complied with by Seller, or (iii) the purchase and sale of the Property is otherwise not consummated in accordance with the terms and provisions of this Contract due to circumstances or conditions which constitute a default by Seller under this Contract (the matters described in the foregoing clauses (i), (ii) and (iii) are herein sometimes collectively called “Seller Defaults”), the Earnest Money shall be refunded to Buyer immediately upon request, and Buyer may

[7] 50

8

exercise such rights and remedies as may be provided for in this Contract or as may be provided for or allowed by law or in equity. Seller hereby acknowledges that Buyer’s remedies in the event of the occurrence of any of the Seller Defaults shall specifically include, without limitation, the right to seek, prove and recover (to the extent proven) monetary damages from Seller in an amount equal to all actual out-of-pocket costs and expenses paid or incurred by Buyer in connection with its execution of and entry into this Contract and its proposed acquisition of the Property, including, without limitation, (i) attorney’s fees and disbursements in connection with the negotiation and execution of this Contract, the examination of title to the Property, and any other legal matter undertaken by Buyer pertaining to the Property and (ii) any examinations, investigations, tests and inspections, undertaken by Buyer with respect to the Property.

15. RISK OF LOSS: The risk of loss prior to closing shall be upon the Seller.

16. POSSESSION: Exclusive possession of the Property free and clear of occupancy by all persons, firms or corporations, whether or not under claim of right or color of title, shall be delivered to Buyer at closing.

17. TIME IS OF THE ESSENCE: Time is of the essence with regard to the terms and

conditions contained in this Offer to Purchase and Contract.

18. CLOSING: The parties agree to execute any and all documents and papers necessary in connection with the closing and transfer of title within thirty (30) days after all conditions have been met or waived, at a place designated by Buyer. The deed is to be made to Durham Public Schools Board of Education, 511 Cleveland Street, Durham, North Carolina, 27702. Possession of the Property shall be delivered at closing.

19. COUNTERPARTS: This offer shall become a binding contract when signed by

both Buyer and Seller. It is executed in two (2) counterparts with an executed counterpart being retained by each party.

20. MEMORANDUM OF CONTRACT: Each party hereto reserves the right to obtain

upon request the execution by the parties of a Memorandum of Contract suitable for recordation in the Office of the Register of Deeds of Durham County. The requesting party shall pay all expenses for preparation and recordation of said Memorandum(s). This Contract itself may not be recorded without the prior written permission of Buyer and Seller.

21. GOVERNING LAW: This Contract shall be construed under the laws of the State

of North Carolina.

22. ENTIRE UNDERSTANDING: This Contract constitutes the entire understanding between the parties. It may not be modified orally or in any other manner except by agreement in writing by the parties hereto.

[8] 51

9

23. RESTRICTED COMPANIES LISTS: Seller represents that as of the date of this

Contract, Seller is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Seller also represents that as of the date of this Contract, Seller is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

24. ANTI-NEPOTISM. Seller warrants that, to the best of its knowledge and in the

exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees are immediate family members of any member of the Board or of any principal or central office staff administrators employed by the Board. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should Seller become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, Seller shall immediately disclose the family relationship in writing to the Superintendent of Durham Public Schools. Unless formally waived by the Board, the existence of a family relationship covered by provision is grounds for immediate termination of this Contract by the Board.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the _____

day of April, 2019.

Seller: WD/DW LLC

__________________________________(SEAL) [name]

__________________________________(SEAL) [name]

__________________________________(SEAL) [name]

[9] 52

10

Buyer: DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION

By:_____________________________________ Mike Lee, Chairman

Durham Public Schools Board of Education ATTEST:

_______________________ Dr. Pascal Mubenga Superintendent/Secretary (CORPORATE SEAL) This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. ________________________________________________ (Date) ________________________________________________ Finance Officer

[10] 53

11

NORTH CAROLINA DURHAM COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that Dr. Pascal Mubenga personally came before me this day and acknowledged that he is Secretary of the Durham Public Schools Board of Education, a body corporate under the laws of North Carolina, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by him/her as Secretary.

Witness my hand and official stamp or seal, this the ______ day of April, 2019.

___________________________________ Notary Signature

________________, Notary Name Printed

(Official Seal) My commission expires: NORTH CAROLINA COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that __________________________ personally came before me this day and acknowledged the due execution of the foregoing Offer to Purchase and Contract.

Witness my hand and official stamp or seal, this the ______ day of __________ 20__.

____________________________________ Notary Signature ________________, Notary Name Printed

(Official Seal) My commission expires: ________________

[11] 54

12

NORTH CAROLINA , COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that _____________________________ personally came before me this day and acknowledged the due execution of the foregoing Offer to Purchase and Contract.



(Official Seal) My commission expires: ________________ R1905343

[12] 55

13

EXHIBIT A

“Tax Map/Description”

[13] 56

Durham, NC Tax Parcel Report Thursday, February 14, 2019

Parcel Information

PIN 0824-20-91-2251 Parcel ID 172633

Acreage 19.37200000 Land Use RES/ 1-FAMILY

Deed Book 006053 Deed Page 000119

Plat Book 00005A Plat Page 000068

Subdivision N/A - NO SUBDIVISION Site Address 4622 N ROXBORO ST

Owner Name WD/DW LLC Owner Address PO BOX 71013

DURHAM , NC 27722

Land Value $190,987.00 Building Value $235,820.00

Total Value $426,807.00 Sale Price $0.00

[14] 57

1

NORTH CAROLINA DURHAM COUNTY REAL ESTATE PURCHASE CONTRACT

WHEREAS, the Durham Public Schools Board of Education ("Buyer") hereby agrees to purchase, and Durham Roxboro Retail Investment LLC ("Seller") hereby agrees to sell and convey that parcel of land described as being Durham County Tax Plat Book 69, Page 31, Durham County, North Carolina, consisting of approximately fifty-seven point fifteen (57.15) acres located on 4804 N. Roxboro Street, Durham, NC 27704 as illustrated in Exhibit A, the exact location to be jointly agreed upon by Buyer and Seller, together with all improvements located thereon, and all appurtenances thereto belonging or appertaining, and all right, title and interest which seller may have in all creeks, streams, rights-of-way, roads, streets and ways bounding said property (the "Property").

NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein contained and the earnest money deposit set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged and confessed, the parties hereto agree to the following terms and conditions:

1. PURCHASE PRICE: The purchase price is $44,881.89 per acre and shall be based

upon the survey referred to in paragraphs 2.c.(1), and shall be paid as follows:

a. $10,000 in earnest money paid by check to Investors Title Insurance Company within five (5) business days of the execution of this Contract, to be held in trust until the sale is closed, at which time it will be credited to Buyer, or until this Contract is otherwise terminated and it is disbursed in accordance with the terms of this Contract.

b. The balance of the purchase price, in cash at closing.

2. CONDITIONS: The obligation of Buyer to purchase the Property is subject to the

satisfaction at or prior to closing of the following conditions:

a. The Buyer shall obtain an appraisal of the Property for a value that is equal to or greater than the purchase price in Section 1 above.

b. The Durham County Board of Commissioners must, prior to closing, disburse

to Buyer sufficient funds to pay the full balance of the purchase price for the Property.

[15] 58

2

c. Within one hundred twenty (120) days after the date that the Chairman of the Durham Public Schools Board of Education signs this Contract, Buyer must be able to obtain, at its expense, the following:

(1) a survey of the Property by a registered land surveyor and a legal

description that conforms to the survey;

(2) a determination of the suitability of the Property for providing on sitewater supply and wastewater disposal for the intended use;

(3) a determination that there will be no adverse affect to the intended use of

the Property due to the existence of rock or other unsuitable soil conditions;

(4) a determination that there are no zoning, engineering or land planning

conditions that would have an adverse effect on the intended use of the Property; and

(5) an environmental assessment of the Property to determine the existence

of conditions that may be governed by Federal, State or Local Environmental Laws. Failure to determine such conditions by this inspection shall not relieve Seller of its obligation to indemnify Buyer from any claims under Federal, State or Local Environmental Laws as required by other sections of this Offer to Purchase and Contract.

d. Seller agrees that it has an affirmative duty to cooperate with buyer in Buyer=s

testing and investigation of the Property for an environmental assessment and disclose any and all information about the Property that may be useful in such an assessment. Seller shall furnish at closing an affidavit and indemnification agreement in a form suitable to Buyer stating that:

(1) Buyer is relieved of any liabilities, claim, penalties, fines, costs, or charges

that may occur as a result of any action against the Property under Federal, State, or Local Environmental Laws;

(2) the Property is not the subject of any active, or pending action, by the

North Carolina Department of Environmental Quality under Federal, State, or Local Environmental Laws;

(3) the Property is not subject to any casualty damage;

[16] 59

3

(4) there is no Hazardous Material (as hereinafter defined) on the Property, whether such Hazardous Material was placed by spill, release, discharge, disposal or storage, nor has any Hazardous Material penetrated any waters including, but not limited to, streams crossing or abutting the Property or the aquifer underlying the Property. Hazardous Material as used in this Offer to Purchase and Contract means any hazardous or toxic substance, material, waste or similar term which is regulated by local authorities, the State of North Carolina and/or the Federal Government, including, but not limited to, any material substance, waste or similar term which is:

(a) defined as a Hazardous Material under the laws of the State of North

Carolina, as amended from time to time;

(b) defined as a hazardous substance under Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317), as amended from time to time;

(c) defined as a hazardous waste under Section 1004 of the Federal

Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et. seq.), as amended from time to time;

(d) defined as a hazardous waste substance under Section 101 of the

Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.), as amended from time to time;

(e) defined as hazardous waste or toxic substance, waste, material or

similar term in any rules and regulations, as amended from time to time, which are adopted by any administrative agency including, but not limited to, the Environmental Protection Agency, the Occupational Safety and Health Administration, and any such similar State or Local agency having jurisdiction over the Property whether or not such rules and regulations have the force of law; or

(f) defined as a hazardous or toxic waste, substance, material or similar

term in any statute, regulation, rule or law enacted or adopted at any time after the date of this Contract by local authorities, the State of North Carolina, and/or the Federal government; and

(5) the Seller has completed and caused the Property to comply with all laws

and ordinances, and all rules and regulations of all authorities having jurisdiction over the Seller, the Property, or the use thereof, relative to any Hazardous Material; and

[17] 60

4

(6) there is no other property presently owned or used by Seller, the existence of such Hazardous Material upon or discharge of such Hazardous Material from, which might cause any charge or lien upon the Property.

Buyer's obligation to purchase the subject Property is expressly conditioned upon the foregoing representations of Seller being true and accurate on the date hereof and on the date possession of the Property is transferred by Seller to Buyer; and these representations and warranties shall be deemed extended through the date possession is transferred unless Seller advises Buyer in writing of any changes prior to transfer of possession. These representations and warranties shall survive closing and transfer of possession.

e. Seller shall disclose to Buyer, prior to closing, any information regarding the

use of the Property, or any portion thereof, in a manner that is regulated by Federal, State, or Local Environmental Laws.

f. There must be no restrictions, easements or governmental regulations other

than zoning regulations that would prevent the reasonable use of the Property for school purposes. If such conditions exist, it is the responsibility of the Buyer to inform the Seller of said conditions and Seller will exert his best efforts to cure same prior to closing. If Seller is unsuccessful in timely curing said conditions, Buyer may cancel this Contract, whereupon all deposit monies shall be returned to Buyer, or, in the alternative, Buyer may waive the objectionable conditions and close pursuant to the terms of this Contract.

g. If there are any zoning regulations or special use permit requirements that

could prevent the reasonable use of the Property for school purposes, the Seller shall assist the Buyer in the Buyer’s rezoning and special use permit efforts to whatever extent the Buyer may request, but the Seller shall have no duty to incur any expense in such rezoning and special use permit efforts.

h. The Property must be in substantially the same condition at closing as on the

date of this offer, reasonable wear and tear excepted.

i. All deeds of trust, liens and other monetary charges against the Property which can be satisfied by the payment of money must be paid and cancelled by Seller prior to or at closing.

j. Title must be delivered at closing by general warranty deed and must be fee

simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to the date of closing), utility easements and unviolated restrictive covenants, neither of which materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right-of-way.

[18] 61

5

k. Seller shall provide to Buyer, if in Seller’s possession, the following information within ten (10) days after the execution of this Contract by Seller and Buyer:

(1) Boundary survey; (2) Existing Title Policy (if any); (3) Topographic Survey; (4) Environmental Report(s); (5) Soil Analysis; (6) Leases affecting the property (if any); and (7) Any other reports or building plans necessary for project due diligence.

l. Buyer shall have the ability to simultaneously acquire an immediately adjacent

19.37 acre tract from WD/DW LLC.

3. FAILURE OF CONDITIONS: If any of the conditions in this document are not met, Buyer has the option to waive the satisfaction of any unsatisfied conditions. If Buyer elects not to waive the satisfaction of any unsatisfied conditions, Buyer shall have the right to rescind the Contract and recover all of its earnest money deposit. If Seller breaches the Contract in any other way, Buyer shall recover its earnest money deposit without prejudice to any other remedies it may have for the breach.

4. SELLER REPRESENTATIONS AND WARRANTIES: Seller makes the

following representations and warranties to and for the benefit of Buyer which shall be true on the date of closing as though such representations and warranties were made at such time and shall survive the passing of title:

a. ASSESSMENTS: Seller warrants that there are no encumbrances or special

assessments, either pending or confirmed, for sidewalk, paving, water, sewer or other improvements on or adjoining the Property.

b. CLAIMS AND SUITS: Seller has not entered into any agreement with

reference to the Property, and neither Seller nor the Property are subject to any claim, demand, suit, unfiled lien, proceeding or litigation of any kind, pending or outstanding, or to the knowledge of Seller, threatened or likely to be made or instituted which would in any way be binding upon Buyer or its successors or assigns or affect or limit buyer's full use and enjoyment of the Property or which would limit or restrict in any way Seller's right or ability to enter into this Contract and consummate the sale and purchase contemplated hereby.

c. COMPLIANCE WITH APPLICABLE LAWS: Seller has complied with all

applicable laws, ordinances, regulations, statutes, rules and regulations affecting the Property and no portion of the Property has been used for the production, storage or disposal of toxic or hazardous waste materials of any kind.

[19] 62

6

d. FOREIGN PERSON: Seller is not a "foreign person" as defined in the Foreign Investor Reporting and Property Tax Act and shall provide an affidavit to such effect at closing.

5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following

items shall be prorated and adjusted between the parties or paid at closing:

a. Ad valorem taxes on the Property shall be prorated on a calendar year basis to the date of closing.

b. Ad valorem taxes on personal property for the entire year shall be paid by Seller.

c. All late listing penalties, if any, shall be paid by Seller.

d. Rents, if any, for the Property shall be prorated to the date of closing.

e. Accrued but unpaid interest and other charges to Seller, if any, shall be\

computed to the date of closing and paid by Seller; interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer.

f. Seller shall be responsible for any claim for brokerage commission because of

this sale.

6. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in a form satisfactory to Buyer showing that all charges for labor or materials, if any, furnished to the Property within 120 days before the date of closing have been paid and agreeing to indemnify buyer against all loss from any claim arising therefrom.

7. CLOSING EXPENSES:

a. Seller shall pay for the preparation of a deed, for the revenue stamps required by law and for other recording costs. Seller shall also pay for its own legal counsel and any other costs customarily borne by sellers of real property in Durham County, North Carolina.

b. Buyer shall pay for updated survey, costs of its own investigations, title insurance, costs of its own legal counsel, and any other costs customarily borne by purchasers of real property in Durham County, North Carolina. Buyer shall pay for recording the deed.

8. EVIDENCE OF TITLE: Seller shall deliver to Buyer, as soon as possible after the

acceptance of this offer, copies of all title information available to Seller, including but not limited to, title insurance policies, attorneys' opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property.

[20] 63

7

9. ASSIGNMENT: This Contract may not be assigned without the written agreement of all parties, but if the same is assigned by agreement, then the same shall be binding on the assignee and his heirs.

10. BINDING EFFECT: This Contract shall be binding and shall inure to the benefit

of the parties and their heirs, successors and assigns.

11. SURVIVAL: Any provision of this Contract which by its nature and effect is required to be observed, kept or performed after the closing shall survive the closing and remain binding upon and for the benefit of the parties until fully observed, kept or performed.

12. SELLER'S AUTHORITY: Seller warrants and represents that it has full and

complete power and authority to enter into this Contract in accordance with all the provisions contained herein and that there is no person or entity that has any interest in the Property other than the parties to this Contract.

13. RIGHTS OF BUYER PRIOR TO CLOSING: Buyer, its agents, employees or

other representatives shall have the right during the term of this Contract to go upon the Property for the purpose of making such surveys, engineering, topographical, geological and other tests and measurements including, but not limited to, soil tests, percolation tests and subsoil tests as Buyer deems necessary or advisable.

14. REMEDIES.

a. If the purchase and sale of the Property is not consummated in accordance with the terms and conditions of this Contract due to circumstances or conditions which constitute a default by Buyer under this Contract, the Earnest Money shall be delivered to Seller as full liquidated damages for such default. Seller and Buyer acknowledge that Seller’s actual damages in the event of a default by Buyer under this Contract will be difficult to ascertain, that such liquidated damages represent the Seller’s and Buyer’s best estimate of such damages, and that Seller and Buyer believe such liquidated damages are a reasonable estimate of such damages. Seller and Buyer expressly acknowledge that the foregoing liquidated damages are intended not as a penalty, but as full liquidated damages in the event of Buyer’s default and as compensation for Seller’s taking the Property off the market during the term of this Contract. Such delivery of the Earnest Money shall be the sole and exclusive remedy of Seller by reason of a default by Buyer under this Contract, and Seller hereby waives and releases any right to sue Buyer, and hereby covenants not to sue Buyer, for specific performance of this Contract or to prove that Seller’s actual damages exceed the Earnest Money which is herein provided Seller as full liquidated damages.

b. If (i) any representation or warranty of Seller set forth in this Contract shall prove to be untrue or incorrect in any respect, or (ii) Seller shall fail to keep, observe, perform, satisfy or comply with, fully and completely, any of the terms, covenants, conditions, agreements, requirements, restrictions or provisions required by this Contract to be kept, observed, performed, satisfied

[21] 64

8

or complied with by Seller, or (iii) the purchase and sale of the Property is otherwise not consummated in accordance with the terms and provisions of this Contract due to circumstances or conditions which constitute a default by Seller under this Contract (the matters described in the foregoing clauses (i), (ii) and (iii) are herein sometimes collectively called “Seller Defaults”), the Earnest Money shall be refunded to Buyer immediately upon request, and Buyer may exercise such rights and remedies as may be provided for in this Contract or as may be provided for or allowed by law or in equity. Seller hereby acknowledges that Buyer’s remedies in the event of the occurrence of any of the Seller Defaults shall specifically include, without limitation, the right to seek, prove and recover (to the extent proven) monetary damages from Seller in an amount equal to all actual out-of-pocket costs and expenses paid or incurred by Buyer in connection with its execution of and entry into this Contract and its proposed acquisition of the Property, including, without limitation, (i) attorney’s fees and disbursements in connection with the negotiation and execution of this Contract, the examination of title to the Property, and any other legal matter undertaken by Buyer pertaining to the Property and (ii) any examinations, investigations, tests and inspections, undertaken by Buyer with respect to the Property.

15. RISK OF LOSS: The risk of loss prior to closing shall be upon the Seller.

16. POSSESSION: Exclusive possession of the Property free and clear of occupancy by all persons, firms or corporations, whether or not under claim of right or color of title, shall be delivered to Buyer at closing.

17. TIME IS OF THE ESSENCE: Time is of the essence with regard to the terms and

conditions contained in this Offer to Purchase and Contract.

18. CLOSING: The parties agree to execute any and all documents and papers necessary in connection with the closing and transfer of title within thirty (30) days after all conditions have been met or waived, at a place designated by Buyer. The deed is to be made to Durham Public Schools Board of Education, 511 Cleveland Street, Durham, North Carolina, 27702. Possession of the Property shall be delivered at closing.

19. COUNTERPARTS: This offer shall become a binding contract when signed by

both Buyer and Seller. It is executed in two (2) counterparts with an executed counterpart being retained by each party.

20. MEMORANDUM OF CONTRACT: Each party hereto reserves the right to obtain

upon request the execution by the parties of a Memorandum of Contract suitable for recordation in the Office of the Register of Deeds of Durham County. The requesting party shall pay all expenses for preparation and recordation of said Memorandum(s). This Contract itself may not be recorded without the prior written permission of Buyer and Seller.

[22] 65

9

21. GOVERNING LAW: This Contract shall be construed under the laws of the State of North Carolina.

22. ENTIRE UNDERSTANDING: This Contract constitutes the entire understanding

between the parties. It may not be modified orally or in any other manner except by agreement in writing by the parties hereto.

23. RESTRICTED COMPANIES LISTS: Seller represents that as of the date of this

Contract, Seller is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Seller also represents that as of the date of this Contract, Seller is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

24. ANTI-NEPOTISM. Seller warrants that, to the best of its knowledge and in the

exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees are immediate family members of any member of the Board or of any principal or central office staff administrators employed by the Board. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should Seller become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, Seller shall immediately disclose the family relationship in writing to the Superintendent of Durham Public Schools. Unless formally waived by the Board, the existence of a family relationship covered by provision is grounds for immediate termination of this Contract by the Board.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the _____

day of April, 2019.

Seller: Durham Roxboro Retail Investment LLC

__________________________________(SEAL) [name]

__________________________________(SEAL) [name]

__________________________________(SEAL) [name]

[23] 66

10

Buyer: DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION

By:_____________________________________ Mike Lee, Chairman

Durham Public Schools Board of Education ATTEST:

_______________________ Dr. Pascal Mubenga Superintendent/Secretary (CORPORATE SEAL) This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. ________________________________________________ (Date) ________________________________________________ Finance Officer

[24] 67

11

NORTH CAROLINA DURHAM COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that Dr. Pascal Mubenga personally came before me this day and acknowledged that he is Secretary of the Durham Public Schools Board of Education, a body corporate under the laws of North Carolina, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by him/her as Secretary.

Witness my hand and official stamp or seal, this the ______ day of April, 2019.

___________________________________ Notary Signature

________________, Notary Name Printed

(Official Seal) My commission expires: NORTH CAROLINA COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that __________________________ personally came before me this day and acknowledged the due execution of the foregoing Offer to Purchase and Contract.



(Official Seal) My commission expires: ________________

[25] 68

12

NORTH CAROLINA , COUNTY

The undersigned, a Notary Public in and for said County and State, certifies that _____________________________ personally came before me this day and acknowledged the due execution of the foregoing Offer to Purchase and Contract.



(Official Seal) My commission expires: ________________ R1905364

[26] 69

13

EXHIBIT A

“Tax Map/Description”

[27] 70

SITE SELECTION

NORTHERN H.S.

REPLACEMENT PROJECT

April 25th, 2019 - FULLER BUILDING, DURHAM, NC

72

Project History

• Initial development concept was to construct the replacement high school on the existing site.

• Designers, geotechnical engineer, and construction manager investigated existing site suitability and programmatic impact.

73

Existing Site Schematics

74

Existing Site Schematics

75

• Poor soils and site hydrology (existing underground stream) require major areas of undercut and mitigation. Deep foundation systems (driven piles) are required.

• Existing topography will require large retaining walls for site development.

• Site significantly undersized for high school program. Will not accommodate a future stadium or adequate student parking. DPI recommendation 65 -75 usable acres.

Existing Site Issues

76

• Phasing and safety logistics of working on an occupied site are costly (CMAR noted associated cost of $1,465,000.00 for phasing and safety measures).

• DPI facility feasibility study does not recommend renovation of any campus building (all score 8 or less with 12 point threshold).

Existing Site Issues

77

2900 Duke Homestead Road (Stadium Drive) • 57.1 acres (with buffer and floodplain about 50

developable acres). This is about 15 acres less than DPI recommends for HS site.

• Outside of Northern High School District (in Riverside district).

Existing occupied DPS sites were considered• Site constraints (acreage and athletic facilities) • Student assignment issues

Potential DPS Alternate Sites

78

SITE SELECTION

PROCESS

79

Preliminary Site SelectionCritical Watershed(6% impervious)

Owner unwillingTo sell

Severe topography(Excessive grading)

Floodplain bisectssite

80

Test fit site plans were

developed to explore suitability

Sites 4 and 5 were developed as test fit sites for the program.

81

Preliminary Site Selection

82


Critical Watershed(6% impervious)

Site 4

Site 5

83


SITE 4

Potential stream(Not on USGSMap)

84


SITE 5

Stream buffer/floodplain

Stream Crossing

85


86

Preliminary Site Selection• Site #4 consists of two parcels…

Parcel 172630

4804 N. Roxboro Street

87

Preliminary Site Selection• Site #4 consists of two parcels…

Parcel 172633

and 4622 N. Roxboro Street

88


NEGOTIATED PURCHASE PRICE4804 N. Roxboro St. (57.15 Acres): $2,565,000.004622 N. Roxboro St. (19.37 acres): $716,690.00Total: $3,281,690.00

ORIGINAL ASKING PRICE4804 N. Roxboro St. (57.15 Acres): $3,429,000.004622 N. Roxboro St. (19.37 acres): $755,000.00Total: $4,184,000.00

89


Actual

negotiated

Purchase

$3,281,690.00

90


Next Steps

• Motion to approve Real Estate Purchase Contract forboth parcels as drafted by Board Attorney.

• Present contracts and sale price to Durham CountyCommissioners for concurrence on May 6th, 2019.

• DPS signs contracts on or about May 7th, 2019.• Begin due diligence period (span of time for DPS to

access the site and conduct phase 1 environmental,wetland delineation, soils investigation, etc.; target120 days).

91


Questions?

92