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FREDERICKSBURG CITY PUBLIC SCHOOLS Fredericksburg, Virginia REGULAR SCHOOL BOARD MEETING AGENDA June 1, 2015 Closed Session 6:30 p.m. Public Session 7:30 p.m. City Council Chambers 715 Princess Anne Street I. Call to Order II. Roll Call III. Closed Session Freedom of Information Act 2.2-3711(A) Section 1Personnel (discussion regarding employment recommendations, extra duty recommendation for 2014-2015, contract adjustment, resignation recommendations, retirement recommendation, reduction in force, non-renewal recommendations, administrative staff, pupil personnel services, division-wide/central office/school secretaries/bookkeepers, clerical assistants, instructional paraprofessionals, maintenance personnel, custodial personnel, school nurses, transportation personnel, GED facilitator, cafeteria personnel, cafeteria assistants, Head Start, summer teacher assistants for 2014-2015, and substitute teacher recommendation for 2014- 2015) Section 29 Discussion of the Award of a Public Contract IV. Approval of Agenda V. Approval of Minutes of the May 11, 2015 Regular School Board Meeting VI. Recognitions A. “Word of the Month” – FORGIVENESS Original Walker-Grant B. PTA and PTSA Presidents All Schools C. Bus Driver Rodeo Participants D. Reading Counts- Hugh Mercer E. Reading Counts Lafayette F. Spring Fling Fun Run Lafayette G. WordMasters Challenge Walker-Grant H. CRRL Teen Poetry Contest Walker-Grant I. Reading Counts Walker-Grant J. Future Business Leaders of America James Monroe K. Distributive Education Clubs of America James Monroe L. Skills USA James Monroe M. Spring Athletics James Monroe

FREDERICKSBURG CITY PUBLIC SCHOOLS Fredericksburg ... · FREDERICKSBURG CITY PUBLIC SCHOOLS Fredericksburg, Virginia REGULAR SCHOOL BOARD MEETING AGENDA ... Spotsylvania County

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FREDERICKSBURG CITY PUBLIC SCHOOLS Fredericksburg, Virginia

REGULAR SCHOOL BOARD MEETING AGENDA

June 1, 2015

Closed Session – 6:30 p.m. Public Session – 7:30 p.m.

City Council Chambers

715 Princess Anne Street

I. Call to Order II. Roll Call III. Closed Session – Freedom of Information Act 2.2-3711(A) –

Section 1– Personnel (discussion regarding employment recommendations, extra duty recommendation for 2014-2015, contract adjustment, resignation recommendations, retirement recommendation, reduction in force, non-renewal recommendations, administrative staff, pupil personnel services, division-wide/central office/school secretaries/bookkeepers, clerical assistants, instructional paraprofessionals, maintenance personnel, custodial personnel, school nurses, transportation personnel, GED facilitator, cafeteria personnel, cafeteria assistants, Head Start, summer teacher assistants for 2014-2015, and substitute teacher recommendation for 2014-2015)

Section 29 – Discussion of the Award of a Public Contract

IV. Approval of Agenda V. Approval of Minutes of the May 11, 2015 Regular School Board Meeting

VI. Recognitions

A. “Word of the Month” – FORGIVENESS – Original Walker-Grant B. PTA and PTSA Presidents – All Schools C. Bus Driver Rodeo Participants D. Reading Counts- Hugh Mercer E. Reading Counts – Lafayette F. Spring Fling Fun Run – Lafayette G. WordMasters Challenge – Walker-Grant H. CRRL Teen Poetry Contest – Walker-Grant I. Reading Counts – Walker-Grant J. Future Business Leaders of America – James Monroe K. Distributive Education Clubs of America – James Monroe L. Skills USA – James Monroe M. Spring Athletics – James Monroe

VII. Hearing of Citizens A. VIII. Superintendent's Report

A. Consent Agenda

1. Guidelines for Implementation of the Public-Private Educational Facilities and

Infrastructure Act of 2002 (DJF-R-1)

2. Administration of Federal Programs

3. Textbook Adoption

B. Action Items

1. Personnel

2. Public-Private Education Facilities and Infrastructure Act – Acceptance of

Unsolicited Proposal for Original Walker-Grant School Renovation

3. Public-Private Education Facilities and Infrastructure Act – Proposal for

Original Walker-Grant Renovation – Proprietary Information

4. Public-Private Education Facilities and Infrastructure Act – Proposal for

Original Walker-Grant Renovation – Competitive Negotiation

5. Recreation Commission Membership

6. Adoption of the Revised 2015-16 School Division Operating and Special

Revenue (Grants) Budget(s)

7. International Baccalaureate Program

C. Additional Action Items

1.

D. Information Items

1. Instructional Report – DLT Update – Walker-Grant and James Monroe

2. Financial Report

3. Employee Incentive Awards – Selection Committee

E. Additional Information Items

1.

IX. Old Business

A. School Board Organizational Meeting – Tuesday, July 14, 2015

B. VSBA Orientation for School Board Chairs/Vice-Chairs or New Board Members

and Superintendent – July 20, 2015 – Richmond

C. VSBA Conference on Education – July 21, 2015 - Richmond

X. New Business

A. Board Member Volunteer for Word of the Month – July and August

XI. Good of the Order

XII. Adjournment

FREDERICKSBURG CITY PUBLIC SCHOOLS Fredericksburg, Virginia

A regular meeting of the Fredericksburg City School Board was held at 6:30 p.m. on May 11, 2015 in the Lecture Hall of James Monroe High School, 2300 Washington Avenue. Board members present were:

Ms. Jannan W. Holmes, Chairperson Mrs. Patricia B. Green, Vice-Chairperson Rev. Jarvis E. Bailey * Mrs. Barbara A. Miller-Richards Mrs. Elizabeth R. Rehm

Absent: Ms. Malvina Rollins Kay Others Present: Dr. David G. Melton, Superintendent

Mrs. Deborah B. Wright, Clerk of the Board

The meeting was called to order at 6:37 p.m. by the Chairperson. * Rev. Bailey arrived at 6:40 p.m. 14-15-163: BOARD CONVENES INTO CLOSED SESSION: RECONVENES INTO OPEN SESSION. A recommendation was made by the Superintendent that the Board convene in closed session under FIA 2.2-3711(A), Section 1 - Personnel (discussion regarding employment recommendations, extra-duty assignments, resignation recommendations, retirement recommendations, continuing contract personnel recommended for reappointment, probationary contract personnel recommended for appointment as continuing contract teachers, probationary contract personnel recommended for reappointment as probationary teachers, early retirement incentive program participants for 2015-2016, substitute teacher recommendations for 2014-2015 and evaluation of the Superintendent) and Section 29 – Discussion of the award of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body. A motion to approve the recommendation was made by Mrs. Green, seconded by Mrs. Rehm, and unanimously approved by a roll call vote. The Board convened in closed session at 6:38 p.m. On a motion by Mrs. Green, seconded by Mrs. Rehm, and unanimously approved by a roll call vote, the Board reconvened in open session at 7:40 p.m. and approved Certificate of Closed Meeting No. 14-15-11 which involves a statement concerning items discussed in closed session. A copy of Certificate of Closed Meeting No. 14-15-11 is attached to the minutes. 14-15-164: APPROVAL OF AGENDA. The Chairperson recommended that Item VIII-D-1 – International Baccalaureate Program be moved forward on the agenda following recognitions. The Chairperson then called for a motion to approve the agenda as revised. A motion to approve the revised agenda was made by Mrs. Green, seconded by Mrs. Rehm, and unanimously approved by the Board. 14-15-165: APPROVAL OF MINUTES OF THE MARCH 30, 2015 JOINT SCHOOL BOARD/CITY COUNCIL WORK SESSION AS REVISED AND THE APRIL 13, 2015 REGULAR SCHOOL BOARD MEETING. Minutes of the March 30, 2015 Joint School Board/City Council Work Session as revised and the April 13, 2015 Regular School Board Meeting were

presented for approval. A motion to approve the minutes as presented was made by Mrs. Green, seconded by Rev. Bailey, and unanimously approved by the Board. 14-15-166: RECOGNITIONS. As part of the school division’s character education program, Malik Johnson, Vice-President of the Student Council Association at Walker-Grant Middle School provided introductory comments and shared a student produced video on the Word of the Month for May – Dependability. The video began with students sharing the word “Dependability” in many languages. Students also provided their definitions of “Dependability.” Mrs. Green announced that the VSBA Northeastern Regional Forum was held on April 15, 2015 in Spotsylvania County. Mrs. Green described the VSBA Regional Art Contest which was started in 1989 to promote the artistic talents of Virginia’s public school students. For each of the nine VSBA regions, a winner is chosen for the elementary, middle, and high school levels. In Fredericksburg, the two elementary schools alternate years for submitting artwork. This year student artwork from Lafayette, Walker-Grant, and James Monroe was entered in the VSBA Northeastern Regional Forum art contest. The following students were recognized and their artwork was displayed: Jillian Battista (not present) Lafayette Upper Elementary School – Elementary Division Bella Ni Walker-Grant Middle School – Middle School Division Clara Camber (not present) James Monroe High School – High School Division The student’s artwork will be displayed at the School Board Office for the next year. Mrs. Miller-Richards announced the recognition of three local businesses which have been included in the VSBA Business Honor Roll for 2015. Mrs. Miller-Richards noted that local businesses have the power to shape community attitudes about public schools, and the VSBA Honor Roll is a way for local school divisions to recognize local businesses for their support. The Board thanked the following businesses for their commitment to the students in our division. Their work has aided in focusing on the goal of providing the best public schools for the children of Fredericksburg City.

Mr. William Lynch, Jr. - Fredericksburg Area Youth Development Foundation-

Sunshine Ballpark

Mr. Lynch has graciously donated the use of facilities to Lafayette Upper Elementary School

to host Lion Fun Days. Lion Fun Days at Sunshine Ballpark have been held annually in the

Fall and are attended by every student at Lafayette with hopes to encourage good behavior

throughout the school year. In addition to hosting Lion Fun Days, the Sunshine Ballpark

Conference Room is also used to hold Fredericksburg City Public School’s quarterly School

Health Advisory Board meetings. The Sunshine Ballpark was also the site of a Science

Summer Camp for students in 2014. An Engineering for Kids Summer Camp will be

sponsored this year. Efforts are underway with the local first responders to implement the

Badges for Baseball Summer Camp for students ages 8-12.

Mr. John Wack - Fredericksburg Field House (not present)

For over five years, Mr. Wack has also donated the use of facilities at the Fredericksburg

Field House to hold Lafayette Lion Days. During the 2014-2015 school year, Lafayette

Upper Elementary School hosted three Lion Fun Days at the Field House to promote positive

behavior among students. In addition, Mr. Wack has also generously contributed to the

Walker-Grant Girls Field Hockey and Girls and Boys Lacrosse programs. Mr. Wack has

been essential in forming both of these extra-curricular programs for Walker-Grant Middle

School.

Mr. Xavier Richardson, President - Mary Washington Hospital Foundation

Mr. Richardson has provided many programs for students of Fredericksburg City Schools

through the Mary Washington Hospital Foundation. The Foundation has provided funding

and support for many Head Start initiatives as well as other programs in the school division.

Several grants have been awarded to Hugh Mercer Elementary School including funding for

an after-school program called Club S.T.E.M.ulate. Over $10,000 has been awarded to

James Monroe High School in support of After-Prom activities. The Foundation has served

as the host site for various division-wide meetings held by the school system.

Dr. Melanie Kay-Wyatt, Principal of Walker-Grant Middle School, recognized members of three Odyssey of the Mind teams from Walker-Grant. The following two teams each placed second in regional competition: Quinn Bonney Levi Hoffman Nicholas Medina (not present) Isaac Lucas Terrance McKenzie (not present) Anna Slominski Mitch Dolby (not present) Amelie Arbaiza (not present) Emma Taylor Shelby Munford (not present) Julia Foss (not present) Claire Watkins (not present) The following team placed first in the regional competition and went on to represent the school at the state tournament: Zoey Young Aidan Ridderhof Alexander Mon (not present) Zane Coulon Charlie Byrd (not present) John Kingsley Kevin Concepcion Dr. Taneshia Rachal, Principal of James Monroe High School, announced the selection of the following students to attend the American Legion Boys’ and Girls’ State programs this summer:

Connor Forjan (not present)

Catesby Willis

Temple Wyatt

Cameron Brandon

Andrew Hall (not present)

Jaren Jackson (not present)

Connell Zelazny

Edward Hoffman

14-15-167: INTERNATIONAL BACCALAUREATE PROGRAM. Dr. John Gordon provided background information on a June 2014 visit to J. R. Tucker High School in Henrico County by a team of Fredericksburg City Schools’ administrators. The purpose of the visit was to learn more about the IB program in working toward the goal of having James Monroe High School become an IB school during the 2016-2017 school year. Students from J. R. Tucker High School who had been a part of the program since middle school were invited to share their experiences with the School Board. Dr. Gordon introduced J. R. Tucker High School Associate Principal Amanda Hester who

provided background information on the school. Ms. Hester stated that the school is comparable with James Monroe in size and diversity. Ms. Hester then introduced juniors Ms. Tanvi Kohli and Mr. Aaron Greenberg who shared information about their IB experiences. Both students entered the program in the sixth grade. Mr. Greenberg stated that he chose to enter the IB program because of the opportunities for an in-depth education in all areas which the program offers. There are opportunities to take Advanced Placement or other classes while participating in the IB program. The students stated that they have time to participate in extra-curricular activities and to work at part-time jobs while keeping up with studies and homework. Ms. Kohli also shared her experiences in the program. Information on courseloads and special opportunities was provided. Following their comments, the students and Ms. Hester responded to questions from the Board concerning their courses, special opportunities, and samples of their daily schedules. Ms. Holmes asked about the differences between the IB and AP programs. In response, Mr. Greenberg stated that the IB program relates subject material to real world experiences. The IB program is an internationally recognized program. On behalf of the Board, Ms. Holmes expressed appreciation to the students and Ms. Hester for traveling to Fredericksburg to share information about IB. 14-15-168: HEARING OF CITIZENS. Mr. George Christoforatos who resides at 3 Stable Way in Fredericksburg (22407) and coaches the high school tennis team addressed the Board concerning the guidelines which prohibit coaches from renting school facilities for events such as US Tennis Association tournaments. Mr. Christoforatos stated that he currently rents tennis courts from the city for the tournaments but would like to see some of the funding returned to school programs. Mr. Christoforatos recommended that guidelines be changed to allow coaches or employees to rent facilities and donate portions of the proceeds to school or athletic programs. 14-15-169: CONSENT AGENDA. The following items were included on the consent agenda:

Policy Revisions – Second Reading – A recommendation was made that the School Board approve several policy revisions which have been recommended by the Virginia School Boards Association Policy Services on second reading.

Head Start Approvals – A recommendation was made that the School Board approve the following items for the Head Start program:

1. Program Plans for 2014-2015 2. Revised Job Descriptions 3. Annual Consultant Contracts 4. Corrective Action Plan – Medication Expiration Finding

Virginia Retirement System (VRS) Resolution: Member Contributions – A recommendation was made that the School Board adopt the attached Member Contributions by Salary Reduction for School Divisions Resolution, electing to continue the 1% option per year for employees hired prior to July 1, 2012 thereby resulting in a 4% payment by these employees beginning July 1, 2015.

Revision of Regulation DJF-R Purchasing Procedures including Attachment DJF-R-1 Guidelines for Implementation of the Public-Private Educational Facilities and Infrastructure Act of 2002 – A recommendation was made that the School Board approve the revised Regulation DJF-R Purchasing Procedures including Attachment DJF-R-1 Guidelines for Implementation of the Public-Private Educational Facilities and Infrastructure Act of 2002.

A recommendation was made by the Superintendent that the Board approve the items listed on the consent agenda. A motion to approve the recommendation was made by Mrs. Green, seconded by Rev. Bailey, and unanimously approved by the Board. Copies of the consent agenda items are attached to the minutes. 14-15-170: PERSONNEL MATTERS. The Superintendent recommended approval of the personnel list as presented. A motion to approve the recommendation was made by Mrs. Green, seconded by Mrs. Miller-Richards, and unanimously approved by a roll call vote. A copy of the personnel list is attached to the minutes. 14-15-171: 2015-2016 ANNUAL SPECIAL EDUCATION PLAN AND APPLICATION FOR FEDERAL FUNDS. The 2015-2016 Annual Special Education Plan and Application for Federal Funds was presented for the Board’s approval. The Special Education Plan serves as a formal agreement between the Fredericksburg City Public Schools and the State Board of Education for compliance with and the implementation of all State and Federal laws concerning the education of children with disabilities. The plan contains 1) assurance statements that Fredericksburg City Public Schools meets all requirements to comply with the Individuals with Disabilities Act (IDEA), its federal implementing regulations and all procedures that the Virginia Department of Education has established with IDEA, 2) the application and budget for federal funds known as Title VI-B Section 611 and how it was implemented in the past year, 3) the application and budget for the Preschool Grant known as Part B, Section 619 and how it was implemented in the past year, and 4) an estimation of total local and state budget and expenditures for the school division’s total special education program as related to the requirement of maintenance of effort obligation. The Superintendent recommended that the School Board approve the 2015-2016 Annual Special Education Plan and Application for Federal Funds for the Fredericksburg City Public Schools. A motion to approve the recommendation was made by Mrs. Green, seconded by Mrs. Rehm, and unanimously approved by the Board. A copy of the plan is attached to the minutes.

14-15-172: INSTRUCTIONAL PRESENTATION. Mrs. Marjorie Tankersley and Mr. Matthew

Terry shared an update on the Effective Schools process in their schools. Mrs. Tankersley

reminded Board members that the Effective Schools is a correlate organization consisting of

seven correlates working through a Building Leadership Team (BLT). The process is a

reflective process and involves always refining and expanding practices with the goal of

continuous improvement. For Hugh Mercer, Mrs. Tankersley reviewed two BLT initiatives

which were the Student Athletes’ Mentoring Program and Healthy and Nutritious Snacks. A

recent study shows that daily reading to young children can help with language acquisition and

literacy skills. Recognizing the influence of older students (especially athletes) on younger

students, an assigned correlate brainstormed ideas on how to partner with James Monroe High

School to have student athletes come to read to second grade students. A plan was developed

with James Monroe High School for student athlete mentors to come to Hugh Mercer once a

week to read to second grade students. The Student Athlete Mentoring Program began at the end

of the second quarter and has been very successful. The Healthy and Nutritious Snacks initiative

addresses concerns regarding childhood obesity. The Safe and Orderly Environment correlate

focused on ideas to promote healthy snacks and nutritious party foods. The correlate worked

with the PTA and invited a local nutrition specialist to discuss with parents the benefits of

reducing sugary and fatty foods in children’s diets and increasing healthy foods to be served

during snacks and at parties. Nutritious and healthy food guidelines were created and distributed

to Hugh Mercer’s parents with suggestions for healthy treats.

Mr. Terry described two of Lafayette’s BLT initiatives which were Enhanced Parent-Teacher

Communication and Increased Instructional Time Through Schedule Revisions. Communication

occurs in many forms and parent involvement was examined along with parent feedback on past

surveys. Staff identified various modes of communication commonly used and established

norms. Best practices of communication efforts were determined. The Home-School Relations

correlate collected monthly data from staff. This data will be studied and staff will make

determinations on how best to use the information at the end of the year. An initiative dealing

with revised schedules was also discussed. A variety of factors impact instructional schedules

throughout the school year. The Opportunity to Learn and Time on Task Correlate studied this

topic and used master schedules to develop early release and delayed opening schedules for each

grade level. The new schedules were approved through the BLT and implemented for the 2014-

15 school year. The schedules have been beneficial with regaining time lost due to weather

related delays. Ms. Holmes asked if parents will be asked if the communications they are

receiving are what they need. Mr. Terry will be discussing the data with the Parent Advisory

Committee to determine the helpfulness of the communications.

14-15-173: FINANCIAL REPORT. The Board was provided with a year-to date summary report on expenditures and revenues as of March 31, 2015. Chief Financial Officer David Baker stated that the report reflects a clear year with positive variances in both expenditures and revenues. Mrs. Miller-Richards expressed appreciation to Mr. Baker for working with assistant principals to help educate them on school finances. 14-15-174: POLICY MANUAL REVIEW – SECTION K AND SECTION L. Staff members continued the review of the policy manual with an overview of Section K – School-Community Relations and Section L – Education Agency Relations. Dr. Gordon stated that the school division strives to maintain strong ties to the community through partnerships and programs. The goal is to ensure that programs benefit students. The first item discussed under School-Community Relations focused on communications and increasing ways in which the school division shares information. Alerts are now posted on Facebook and Twitter and a new automated School Messenger service will soon be used to immediately dispatch information to parents and community members. Dr. Gordon also described internet privacy and how internet usage is tracked. All students and parents must sign and acknowledge receipt of the Acceptable Computer Use Policy each year. Community use of facilities is allowed for many functions. Rental rates have been established for community usage of certain facilities. Additional fees are determined based on required services. The policy on school visitors was described. Visitors to each school are required to sign in and sign out as well as given badges to wear while in the building. Parents were encouraged to review the parental rights and responsibilities which are distributed at the beginning of each school year. Dr. Gordon stated that Fredericksburg City Public Schools are fortunate to have many successful partnerships within the community. Dr. Melton then reviewed Section L – Education Agency Relations which deals with the school system’s relations with other agencies such as other school systems, private schools, colleges and universities and state and national education associations. Policies on home instruction and charter schools are included as well as guidance on student teachers. Alternative courses for education credit such as dual enrollment are addressed in this section of the policy manual. Dr. Melton noted that this summary completes the Board’s review of the full policy manual.

14-15-175: GLADYS P. TODD ACADEMY. Dr. Taneshia Rachal introduced Dr. Ann Woolford, Vice President of Academic Affairs and Student Services at Germanna Community College, who presented information about a new initiative, the Gladys P. Todd Academy. The Gladys P. Todd Academy is a joint collaboration between the Sunshine Lady Foundation and Germanna Community College. The program is designed for underserved high school students in the City of Fredericksburg and the County of Spotsylvania. Dr. Woolford provided a summary of the program design with the goal being to obtain a four-year college degree by earning an Associate of Arts and Science Degree in General Studies concurrent with an advanced diploma in high school. The program is divided into two parts: Early College Program and Pre-College Program. The Early College Program will include 11th and 12th grade students taking classes at the Fredericksburg Area Campus of Germanna. The Pre-College Academy will serve rising 9th grade students through the 10th grade year with activities and tutoring. Dr. Woolford shared the following criteria for participating in each part of the program: Early College Program criteria:

Students who will be the first in their families to attend college

Students who receive or are eligible for free/reduced lunch

Students who know they want to go to college

Students who are on track to complete the 10th grade and feel academically and socially prepared for college coursework

Students who are in good disciplinary standing

Those who can participate in a summer program. Pre-College Program criteria:

Students have potential for college

No parent has a four-year college degree

Students are eligible for free/reduced lunch

Students are available to participate in a summer program. Dr. Woolford noted that while the programs are open to all students meeting the criteria, the targeted students will be African American males. Dr. Woolford then introduced Mr. Antoine Perry who will be serving as the Project Director and will be the college representative interacting with the students. Mr. Perry outlined how an Early College day will look. Students will travel to high school as usual and then be transported by bus to the Fredericksburg Area Campus of Germanna Community College. College classes will be from 8:00 a.m. to 10:45 a.m. each day. Students then travel back to their high school for the remainder of the school day. Most of the college classes fulfill high school requirements under “dual enrollment.” Students will take college classes together as a cohort and should earn 15-17 credits each semester with 62 credits needed to graduate. In addition to college classes, Early College students will have access to tutors, an assigned mentor, community service, character development and opportunities to participate in cultural programs and university visits. The Early College Program will be offered at no cost to the student or the student’s family. Tuition, books, fees, and trips are all covered by the Sunshine Lady Foundation grant. The estimated cost of tuition is $10,000 and books are estimated at $2,500. All other costs for trips, summer camp, mentoring, seminars, workshops, community service events, and special programs are also provided. There will be a special Summer Bridge Program for students selected to participate in this program that will take place July 6- July 17, 2015. Bus transportation will be provided. The camp will have

curriculum designed to transition students to college work, to expose them to STEM careers and majors, and to help them continue to become well-rounded and informed individuals. Several universities will offer guaranteed admission to students who have achieved their Associate’s Degree from the community college system. Benefits of participating in the program are earning an Associate’s Degree (62 credits) at no financial cost while still in high school, being introduced to college early for an easier transition at the four-year university, starting the four-year college as a junior, and reducing debt by having the first two years of college free. Following the presentation, Dr. Woolford and Mr. Perry responded to questions from the Board. Mrs. Miller-Richards clarified that bus transportation will be provided from James Monroe High School. In regard to testing, Dr. Rachal noted that a plan is in place to provide work sessions on SOL testing for the students. Mrs. Miller-Richards asked how many students would be selected for the program. Dr. Woolford stated that the cohort will include a total of 25 students from James Monroe High School and Spotsylvania High School with about twelve of these students from James Monroe. The identification process for the Pre-College program was also discussed. The recently implemented GEAR-UP program is a school-wide program and students will be tracked through their high school career. The Early College Program will focus on a more targeted group. Dr. Woolford outlined some of the support services for the students. Board members were very pleased and excited about the new opportunity for students. 14-15-176: VSBA ADVOCATE FOR EDUCATION AWARD. Ms. Holmes informed the Board that the Virginia School Boards Association has created the VSBA Advocate for Education Award to recognize Board members who have demonstrated significant and outstanding leadership, commitment, and contribution to public education that has had an impact on their region and the Commonwealth, and who have shown active involvement in local, state, and federal advocacy on behalf of their division, VSBA, and public education. The VSBA encourages local school boards to nominate a Board member for the inaugural VSBA Advocate for Education Award. Ms. Holmes asked Board members to consider if they wish to nominate a member for consideration for this award. The nomination must be submitted to VSBA by July 31, 2015. 14-15-177: OLD BUSINESS. The following item of old business was discussed:

VSBA School Law Conference – Board members were reminded that the VSBA School Law Conference will be held in Richmond on June 5, 2015. Rev. Bailey, Ms. Holmes, Dr. Melton and Mr. Russ are registered to attend the conference. Anyone else wishing to attend was asked to let Mrs. Wright know.

14-15-178: NEW BUSINESS. The following items of new business were discussed:

Division-wide Retirement Social and Dinner – The division-wide retirement social and dinner will be held at James Monroe High School on June 3, 2015. The event begins at 6:00 p.m.

VSBA Orientation for School Board Chairs/Vice-Chairs or New Board Members and Superintendents – The VSBA Orientation for School Board Chairs/Vice-Chairs or Orientation for New Board Members and Superintendents will be held in Richmond on July 20, 2015. Anyone wishing to attend was asked to let Mrs. Wright know.

VSBA Conference on Education – The VSBA Conference on Education will be held in Richmond on July 21, 2015. Anyone wishing to attend was asked to let Mrs. Wright know.

14-15-179: GOOD OF THE ORDER. The following comment was made under “Good of the Order”:

Ms. Holmes noted that she personally enjoyed the first bus rodeo for school bus drivers which was held on Saturday at James Monroe.

14-15-180: ADJOURNMENT. There being no further business to conduct at this regular meeting of the Fredericksburg City School Board for May 11, 2015, the meeting was adjourned at 9:04 p.m. on a motion by Mrs. Green, seconded by Rev. Bailey, and unanimously approved. Jannan W. Holmes, Chairperson Deborah B. Wright Fredericksburg City School Board Clerk of the Board

MOTION: Mrs. Green

SECOND: Mrs. Rehm

CERTIFICATE OF CLOSED MEETING

14-15-11

WHEREAS, the Fredericksburg City School Board has convened a closed meeting on

this date pursuant to an affirmative recorded vote and in accordance with the provisions of the

Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3711(A) of the Code of Virginia requires a certification by this

School Board that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the Fredericksburg City School Board

hereby certifies that, to the best of each member's knowledge, (i) only public business matters

lawfully exempted from open meeting requirements by Virginia law were discussed in the

closed meeting to which this certification applies, and (ii) only such public business matters as

were identified in the motion convening the closed meeting were heard, discussed or considered.

VOTE:

AYES: 5

NAYS: 0

ABSENT: 1 (Ms. Kay)

Clerk of Fredericksburg City School Board

May 11, 2015

Meeting Date

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-A-1

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: GUIDELINES FOR IMPLEMENTATION OF THE PUBLIC-PRIVATE EDUCATIONAL

FACILITIES AND INFRASTRUCTURE ACT OF 2002 (DJF-R-1)

INTRODUCTION AND BACKGROUND INFORMATION:

At the May 11, 2015 meeting, the School Board approved revisions to Regulation DJF-R Purchasing

Procedures to include Guidelines for Implementation of the Public-Private Educational Facilities and

Infrastructure Act of 2002 (DJF-R-1). Since that time, the Administrative Regulation has been updated to clarify

the section relating to Proposal Review Fee. The Board was advised of the revision and the revised document is

now presented for official approval.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board approve the revised Guidelines for

Implementation of the Public-Private Educational Facilities and Infrastructure Act of 2002 (DJF-R-1).

ATTACHMENT: Guidelines for Implementation of the Public-Private Educational Facilities and Infrastructure

Act of 2002 (DJF-R-1)

File: DJF-R-1

GUIDELINES FOR

IMPLEMENTATION

OF THE

PUBLIC-PRIVATE

EDUCATIONAL

FACILITIES AND

INFRASTRUCTURE ACT

OF 2002 City of Fredericksburg School Board

May 2015

2

Table of Contents

I. Introduction ............................................................................................................................................... 4

II. General Provisions ..................................................................................................................................... 5

A. Proposal Submission ............................................................................................................................ 5

B. Affected Jurisdiction ............................................................................................................................ 6

C. Proposal Review Fee ............................................................................................................................ 7

D. Freedom of Information Act ................................................................................................................ 8

1. General applicability of disclosure provisions ............................................................................... 8

2. Protection from mandatory disclosure for certain documents submitted by a private entity ......... 8

3. Protection from mandatory disclosure for certain documents produced by the School Board ...... 9

4. City of Fredericksburg Public Schools may not withhold from public access: .............................. 9

E. Use of Public Funds .............................................................................................................................. 9

F. Applicability of Other Laws .............................................................................................................. 10

III. Solicited Proposals .................................................................................................................................. 10

IV. Unsolicited Proposals .............................................................................................................................. 10

A. Decision to Accept and Consider Unsolicited Proposals ................................................................... 10

B. Posting Requirements ......................................................................................................................... 11

C. Initial Review by the School Board at the Conceptual Stage ............................................................. 12

V. Proposal Preparation and Submission .................................................................................................... 13

A. Format for Submissions at Conceptual Stage ..................................................................................... 13

1. Qualifications and Experience ...................................................................................................... 13

2. Project Characteristics ................................................................................................................. 14

3. Project Financing ........................................................................................................................ 14

4. Project Benefit and Compatibility ............................................................................................... 15

B. Format for Submissions at Detailed Stage ......................................................................................... 15

VI. Proposal Evaluation and Selection Criteria ............................................................................................. 17

A. Qualifications and Experience ........................................................................................................... 17

B. Project Characteristics ........................................................................................................................ 17

C. Project Financing ................................................................................................................................ 18

D. Project Benefit and Compatibility ...................................................................................................... 18

E. Other Factors ...................................................................................................................................... 18

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VII. Additional Review Procedures ................................................................................................................ 19

A. Public Private Partnership Oversight Advisory Committee ................................................................ 19

B. Appropriating Body ............................................................................................................................. 20

VIII. Interim and Comprehensive Agreements ................................................................................................ 20

A. Interim Agreement Terms ................................................................................................................. 20

B. Comprehensive Agreement Terms .................................................................................................... 20

C. Notice and Posting Requirements ...................................................................................................... 22

IX. Governing Provisions .............................................................................................................................. 23

X. Terms and Definitions ............................................................................................................................. 23

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I. Introduction

The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) grants the City of

Fredericksburg School Board (“School Board” or “FCPS”), a responsible public entity as defined by the Act,

the authority to create public-private partnerships for the development of a wide range of projects for public

use if the School Board determines there is a need for the project and that private involvement may provide the

project to the public in a timely or cost-effective fashion. Individually negotiated interim or comprehensive

agreements between a private entity and the School Board will define the respective rights and obligations of

the School Board and the private entity. Although guidance with regard to the application of the PPEA is

provided herein, it will be incumbent upon the School Board and all private entities to comply with the

provisions of the PPEA as applicable. A copy of the PPEA is annexed as Appendix I.

For a project to come under the PPEA, it must meet the definition of a “qualifying project.” The PPEA

contains a broad definition of qualifying projects that includes, but is not limited to, public buildings and

facilities of all types, for example:

An education facility, including but not limited to, a school building (including any stadium or

other facility primarily used for school events), and functionally related and subordinate

facility and land to a school building and any depreciable property provided for use in a school

facility that is operated as part of the public school system or as an institution of higher

education;

A building or facility that meets a public purpose and is developed or operated by or for any

public entity;

Improvements, together with equipment, necessary to enhance public safety and security of

buildings to be principally used by a public entity;

Utility and telecommunications and other communications infrastructure;

A recreational facility;

Technology infrastructure, including, but not limited to, telecommunications, automated data

processing, word processing and management information systems, and related information,

equipment, goods and services;

Technology, equipment, or infrastructure designed to deploy wireless broadband services to

schools, businesses, or residential areas;

Services designed to increase the productivity or efficiency through the use of technology or

other means; or

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Any improvements necessary or desirable to any unimproved locally- or state-owned real

estate.

The PPEA establishes requirements that the School Board must adhere to when reviewing and approving

proposals received pursuant to the PPEA. In addition, the PPEA specifies the criteria that must be used to

select a proposal and the contents of the interim or comprehensive agreement detailing the relationship

between the School Board and the private entity.

The School Board adopted these guidelines to implement the PPEA. Therefore, the School Board will follow

these guidelines to receive and evaluate any proposal submitted to the School Board under the provisions of

the PPEA. The procedures provided in this policy may be amended only by act of the School Board; however,

the Division Superintendent of Schools (“Superintendent”) is authorized to the fullest extent permitted by law

to implement these guidelines and take action on behalf of the School Board as to any PPEA matter or

transaction in any instance when these guidelines make reference to the “School Board.”

These Guidelines shall govern all City of Fredericksburg School Board PPEA projects. The Superintendent

shall evaluate any and all proposals and negotiate any Interim Agreement or Comprehensive Agreement. The

Superintendent is authorized to designate a Selection Committee (the “Selection Committee”) to be responsible

for evaluating proposals and negotiating any Interim Agreement and Comprehensive Agreement. The

Superintendent shall serve as the point of contact for implementation of these Guidelines, to receive proposals

submitted under the PPEA, and to respond to inquiries regarding the PPEA or these Guidelines.

In the event that the PPEA is amended in a manner that either conflicts with these Guidelines or concerns

material matters not addressed by these Guidelines, the School Board shall appropriately amend the

Guidelines. If the Guidelines are not amended prior to the effective date of the new law, these Guidelines

nonetheless shall be interpreted in a manner to conform to the PPEA as amended.

Because the PPEA is intended to encourage innovative partnerships between responsible public entities and

private entities, the School Board will maintain an open dialogue with private entities to discuss the need for

infrastructure improvements.

II. General Provisions

A. Proposal Submission

A proposal may be either solicited by the School Board or delivered by a private entity on an unsolicited basis.

Proposers may be required to follow a two-part proposal submission process consisting of an initial conceptual

phase and a detailed phase. The initial phase of the proposal should contain specified information on proposer

qualifications and experience, project characteristics, project financing, anticipated public support or

opposition, or both, and project benefit and compatibility. The detailed proposal should contain specified

deliverables.

The PPEA allows private entities to include innovative financing methods, including the imposition of user

fees or service payments, in a proposal. Such financing arrangements may include the issuance of debt

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instruments, equity or other securities or obligations, including, if applicable the portion of the tax-exempt

private activity bond limitation amount to be allocated annually by the Commonwealth of Virginia pursuant to

the Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of education facilities

using the public-private partnerships, and to provide for carryovers for any unused limitation amount. The

PPEA is a flexible development tool that allows the use of innovative financing techniques. Depending on the

School Board’s authority and the circumstances of each transaction, financing options might include the use of

special purpose entities, sale and lease back transactions, enhanced use leasing, property exchanges,

development agreements, conduit financing and other methods allowed by law.

Proposals should be prepared simply and economically, providing a concise description of the proposer’s

capabilities to complete the proposed qualifying project and the benefits derived from the project by the School

Board. Project benefits to be considered are those occurring in the construction, renovation, expansion or

improvement phase during the life cycle of a project. Proposals also should include a scope of work and a

financial plan for the project, containing enough detail to allow an analysis by the School Board of the

financial feasibility of the proposed project. The cost analysis of a proposal should not be linked solely to the

financing plan, as the School Board may determine to finance the project through other available means.

The School Board shall establish clearly delineated criteria for: (i) selecting among competing proposals and

(ii) the use of an accelerated documentation, review and selection process for proposals involving a qualifying

project that the School Board deems a priority. In addition, to facilitate the flow of critical information, the

School Board may establish criteria by which the proposer may provide clarification to a submitted proposal.

B. Affected Jurisdiction

Any private entity requesting approval from or submitting a conceptual or detailed proposal to the School

Board must provide each affected jurisdiction with a copy of the private entity’s request or proposal by

certified mail, express delivery, or hand delivery within five (5) business days of submission of the proposal to

the School Board. Affected jurisdictions that are not “responsible public entities” (“RPEs”) under the

proposed qualifying project shall have sixty (60) days from the receipt of the request or proposal to submit

written comments to FCPS and to indicate whether the proposed qualifying project is compatible with the (i)

local comprehensive plan, (ii) local infrastructure development plans, or (iii) capital improvements budget or

other government spending plan. Comments received within the 60-day period shall be given consideration by

the School Board, and no negative inference shall be drawn from the absence of comment by an affected

jurisdiction.

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C. Proposal Review Fee

The School Board shall receive an analysis of the proposal from appropriate internal staff or outside advisors

or consultants with relevant experience in determining whether to enter into an agreement with the private

entity.

Review fees shall be charged for this analysis to any applicant whose unsolicited proposal has been accepted

by the School Board for conceptual stage review. The purpose of such fees shall be to cover the School

Board’s costs of processing, reviewing, and evaluating the proposal, including the cost to compare it to any

competing proposals. Such costs shall include, but not be limited to, School Board staff time, the cost of

materials or supplies expended, and the cost of any outside advisors or consultants, including attorneys,

consultants, and financial advisors used by the School Board, in its sole discretion, to assist in such review.

Such fees generally shall be in an amount necessary to cover all of the School Board’s costs.

Such review fees shall be based on the reasonably anticipated costs of the School Board in accordance with the

following schedule:

1. Initial Review Fee. The Initial Review Fee shall be Five Thousand Dollars ($5,000)

and must be submitted with the Unsolicited Proposal. Upon the School Board’s decision to

proceed with a Detailed Phase Proposal, the proposer shall pay an additional review fee

calculated at the rate of two and one-half percent (2.5%) of the reasonably anticipated total

cost of the proposed qualifying project, but shall be no less than $2,500 nor more than

$50,000, regardless of the anticipated total cost. At his discretion, the Superintendent may

delay payment of as much as fifty percent (50%) of the Initial Review Fee until the School

Board has decided to proceed to the detailed review phase.

2. Additional Fees. Additional fees shall be imposed on and paid by the applicant

throughout the processing, review, and evaluation of the unsolicited proposal if and as the

School Board reasonably anticipates incurring costs in excess of the initial fee. The School

Board shall notify the applicant of the amount of such additional fees as and when it

anticipates incurring such costs. Prompt payment of such additional fees is required before the

School Board will continue to process, review, and evaluate the proposal.

3. Reimbursement of excess fees paid. In the event the total fees paid by the applicant

exceed the School Board’s total costs incurred in processing, reviewing, and evaluating the

proposal, the School Board shall reimburse the difference. Otherwise, the School Board shall

retain all fees paid.

Conceptual Stage: The time from which a proposal is first received until when conceptual proposals have

been evaluated and either the School Board has decided not to proceed further under the PPEA or the School

Board has requested a proposer or proposers to submit detailed proposals.

Detail Stage: The time from when the School Board requests submission of detailed proposals until the

School Board either decides not to proceed further under the PPEA or has executed a comprehensive

agreement with a proposer or proposers for the project.

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D. Freedom of Information Act

1. General applicability of disclosure provisions

Proposal documents submitted by private entities are generally subject to the Virginia Freedom of Information

Act (“FOIA”) except that subdivision 11 of Virginia Code Section 2.2-3705.6 exempts certain documents from

public disclosure. FOIA exemptions, however, are discretionary, and the School Board may elect to release

some or all of the documents except to the extent documents are:

(a) Trade secrets of the private entity as defined by the Uniform Trade Secrets Act (§ 59.1-336 et seq.);

(b) Financial records of the private entity that are not generally available to the public through

regulatory disclosure or otherwise, including, but not limited to, balance sheets and financial

statements; or

(c) Other information submitted by a private entity, where if the record or document were made public

prior to the execution of an interim or comprehensive agreement the financial interest or bargaining

position of the public or private entity would be adversely affected.

Additionally, to the extent access to proposal documents submitted by private entities are compelled or

protected from disclosure by a court order, the School Board will comply with the provisions of such order.

2. Protection from mandatory disclosure for certain documents submitted by a

private entity

Before a document of a private entity may be withheld from disclosure, the private entity must make a written

request to the School Board at the time the documents are submitted designating with specificity the

documents for which the protection is being sought and a clear statement of the reasons for invoking the

protection with reference to one or more of three classes of records listed in Section I.D.1.

Upon receipt of a written request for protection of documents, the School Board shall determine whether the

documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would adversely affect

the financial interest or bargaining position of the School Board or private entity in accordance with Section

I.D.1. The School Board shall make a written determination of the nature and scope of the protection to be

afforded by the School Board under this subdivision. If the written determination provides less protection than

requested by the private entity, the private entity should be afforded an opportunity to withdraw its proposal.

Nothing shall prohibit further negotiations of the documents to be afforded protection from release although

what may be protected must be limited to the categories of records identified in Section I.D.1

Once a written determination has been made by the School Board, the documents afforded protection under

this subdivision shall continue to be protected from disclosure when in the possession of the School Board or

any affected jurisdiction to which such documents are provided.

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If a private entity fails to designate trade secrets, financial records, or other confidential information or

proprietary information from protection for disclosure, such information, records or documents shall be subject

to disclosure under FOIA.

3. Protection from mandatory disclosure for certain documents produced by the

School Board

The School Board may withhold from disclosure memoranda, staff evaluations, or other records prepared by

the School Board, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of

proposals where (i) if such records were made public prior to or after the execution of an interim or

comprehensive agreement, the financial interest or bargaining position of the School Board would be adversely

affected, and (ii) the basis for the determination required in clause (i) is documented in writing by the School

Board.

Cost estimates relating to a proposed procurement transaction prepared by or for the School Board shall not be

open to public inspection.

4. City of Fredericksburg Public Schools may not withhold from public access:

(a) procurement records other than those subject to the written determination of the School Board;

(b) information concerning the terms and conditions of any interim or comprehensive agreement,

service contract, lease, partnership, or any agreement of any kind entered into by the School Board and

the private entity;

(c) information concerning the terms and conditions of any financing arrangement that involves the

use of public funds; or

(d) information concerning the performance of any private entity developing or operating a qualifying

transportation facility or a qualifying project.

However, to the extent that access to any procurement record or other document or information is compelled or

protected by a court order, then the School Board must comply with such order.

E. Use of Public Funds

Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public

funds apply to any interim or comprehensive agreement entered into by the PPEA. Accordingly, the process

and procedural requirements associated with the expenditure or obligation of public funds shall be

incorporated into planning for any PPEA project or projects.

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F. Applicability of Other Laws

Nothing in the PPEA shall affect the duty of the School Board to comply with all other applicable law not in

conflict with the PPEA. The applicability of the Virginia Public Procurement Act (“VPPA”) is as set forth in

the PPEA.

III. Solicited Proposals

The School Board may issue Requests for Proposals (RFPs) or Invitations for Bids (IFBs) inviting proposals

from private entities to develop or operate qualifying projects. The School Board may use a two-part proposal

process consisting of an initial conceptual phase and a detailed phase. An RFP may invite proposers to submit

proposals on individual projects identified by the School Board. In such a case the School Board should set

forth in the RFP the format and supporting information that is required to be submitted, consistent with the

provisions of the PPEA. The School Board may establish suggested timelines for selecting proposals for the

review and selection of solicited proposals.

The RFP should specify, but not necessarily be limited to, information and documents that must accompany

each proposal and the factors that will be used in evaluating the submitted proposals. The RFP will be posted

in such public areas as are normally used for posting of the School Board notices, including the School Board’s

website. Notices should also be published in a newspaper or other publication of general circulation and

advertised in Virginia Business Opportunities and posted on the Commonwealth's electronic procurement site.

In addition, solicited proposals should be posted pursuant to Section IV(B). The RFP should also contain or

incorporate by reference other applicable terms and conditions, including any unique capabilities or

qualifications that will be required of the private entities submitting proposals. Pre-proposal conferences may

be held as deemed appropriate by the School Board.

IV. Unsolicited Proposals

The PPEA permits the School Board to receive, evaluate and select for negotiations unsolicited proposals from

private entities to develop or operate a qualifying project. The School Board may publicize its need and may

encourage interested parties to submit unsolicited proposals subject to the terms and conditions of the PPEA.

When such a proposal is received without issuance of a solicitation, the proposal shall be treated as an

unsolicited proposal. The School Board may establish suggested timelines for selecting proposals and for the

review and selection of unsolicited proposals.

A. Decision to Accept and Consider Unsolicited Proposals

Upon receipt of any unsolicited proposal or group of proposals and payment of any required fee by the

proposer or proposers, the School Board should determine whether to accept the unsolicited proposal for the

purpose of publication and conceptual-phase consideration. If the School Board determines not to accept the

11

proposal and proceed to publication and conceptual-phase consideration, it should return the proposal, together

with all fees and accompanying documentation, to the proposer.

If the School Board chooses to accept an unsolicited proposal for publication and conceptual-

phase consideration, it shall post a notice in a public area regularly used by the School Board for posting of

public notices, including the School Board’s website, for a period of not fewer than forty-five (45) days. The

School Board shall also publish the same notice for a period of not fewer than 45 days in one or more

newspapers or periodicals of general circulation in the jurisdiction to notify any parties that may be interested

in submitting competing unsolicited proposals. In addition, the notice should be advertised in Virginia

Business Opportunities and on the Commonwealth's electronic procurement website. The notice shall state that

the School Board (i) has received an unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal,

(iii) may negotiate an interim or comprehensive agreement with the proposer based on the proposal, and (iv)

will receive for simultaneous consideration any competing proposals that comply with the procedures adopted

by the School Board and the PPEA. The notice also shall summarize the proposed qualifying project or

projects, and identify their proposed locations.

To ensure that sufficient information is available upon which to base the development of a serious competing

proposal, representatives of the School Board familiar with the unsolicited proposal and the guidelines

established by the PPEA shall be made available to respond to inquiries and meet with private entities that are

considering the submission of a competing proposal. The School Board shall conduct an analysis of the

information pertaining to the proposal included in the notice to ensure that such information sufficiently

encourages competing proposals. Further, the School Board shall establishcriteria, including key decision

points and approvals to ensure proper consideration of the extent of competition from available private entities

prior to selection.

B. Posting Requirements

Conceptual proposals, whether solicited or unsolicited, shall be posted by the School Board within 10 working

days after acceptance of such proposals in the following manner:

Posting shall be on the School Board’s website or by publication in a newspaper of general

circulation in the area in which the contract is to be performed, and shall include a summary of

the proposals and the location where copies of the proposals are available for public

inspection. Posting may also be made on the Department of General Services’ web-based

electronic procurement program commonly known as “eVA,” in the discretion of the School

Board.

Nothing shall be construed to prohibit the posting of the conceptual proposals by additional means deemed

appropriate by the School Board so as to provide maximum notice to the public of the opportunity to inspect

the proposals.

In addition to the posting requirements described in this section, at least one copy of the proposals shall be

made available for public inspection. Trade secrets, financial records, or other records of the private entity

excluded from disclosure under the provisions of subdivision 11 of § 2.2-2705.6 shall not be required to be

12

posted, except as otherwise agreed to by the School Board and the private entity. Any inspection of

procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity

of the records.

C. Initial Review by the School Board at the Conceptual Stage

1. Only proposals complying with the requirements of the PPEA that contain sufficient information

for a meaningful evaluation and that are provided in an appropriate format shall be considered by the School

Board for further review at the conceptual stage. Formatting suggestions for proposals at the conceptual stage

are found in Section V(A).

2. The School Board should determine at this initial stage of review whether it will proceed using:

a. Standard procurement procedures consistent with the VPPA; or

b. Guidelines developed by the School Board that are consistent with procurement of “other than

professional services” through "competitive negotiation" as the terms are defined in § 2.2-4301

of the Code of Virginia. The School Board may proceed using such guidelines only if it makes

a written determination that doing so is likely to be advantageous to the School Board and the

public based upon either (i) the probable scope, complexity or priority of need; (ii) the risk

sharing including guaranteed cost or completion guarantees, added value or debt, or equity

investments proposed by the private entity; or (iii) the increase in funding, dedicated revenue or

other economic benefit that would otherwise not be available.

3. After reviewing the original proposal and any competing proposals submitted during the notice

period, the School Board may determine:

a. not to proceed further with any proposal;

b. to proceed to the detailed phase of review with the original proposal;

c. to proceed to the detailed phase with a competing proposal;

d. to proceed to the detailed phase with multiple proposals; or

e. to request modifications or amendments to any proposals.

In the event that more than one proposal will be considered in the detailed phase of review, the School Board

will consider whether the unsuccessful proposer should be reimbursed for costs incurred in the detailed phase

of review, and such reasonable costs may be assessed to the successful proposer in the comprehensive

agreement.

4. Discussions between the School Board and private entities about the need for infrastructure

improvements shall not limit the ability of the School Board to later determine to use standard procurement

procedures to meet its infrastructure needs. The School Board retains the right to reject any proposal at any

time prior to the execution of an interim or comprehensive agreement. If the School Board rejects a proposal

13

initiated by a private entity that purports to develop specific cost savings, the School Board shall specify the

basis for the rejection.

V. Proposal Preparation and Submission

A. Format for Submissions at Conceptual Stage

Any person seeking to submit an unsolicited proposal to the School Board shall deliver six (6) complete

copies, as provided below, to the Superintendent of Schools, 817 Princess Anne Street, Fredericksburg,

Virginia 22401. A working group may be designated by the Superintendent to review and evaluate any such

proposal.

The School Board requires that proposals at the conceptual stage contain information in the following areas: (i)

qualifications and experience, (ii) project characteristics, (iii) project financing, (iv) anticipated public support

or opposition, or both, (v) project benefit and compatibility and (vi) any additional information as the School

Board may reasonably request to comply with the requirements of the PPEA. Suggestions for formatting

information to be included in proposals at this stage include the items listed below, as well as any additional

information or documents that the School Board may request:

1. Qualifications and Experience

a. Identify the legal structure of the firm or consortium of firms making the proposal. Identify the

organizational structure for the project, the management approach and how each partner and

major subcontractor in the structure fits into the overall team.

b. Describe the experience of the firm or consortium of firms making the proposal and the key

principals involved in the proposed project including experience with projects of comparable

size and complexity. Describe the length of time in business, business experience, public

sector experience and other engagements of the firm or consortium of firms. Include the

identity of any firms that will provide design, construction and completion guarantees and

warranties, and a description of such guarantees and warranties.

c. Provide the names, addresses, and telephone numbers of persons within the firm or consortium

of firms who may be contacted for further information.

d. Provide a current or most recently audited financial statement of the firm or firms and each

partner with an equity interest of twenty percent or greater.

e. Identify any persons known to the proposer who would be obligated to disqualify themselves

from participation in any transaction arising from or in connection to the project pursuant to

the Virginia State and Local Government Conflict of Interests Act, Chapter 31 (§ 2.2-3100 et

seq.) of Title 2.2.

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2. Project Characteristics

a. Provide a description of the project, including the conceptual design. Describe the proposed

project in sufficient detail so that type and intent of the project, the location, and the

communities that may be affected are clearly identified.

b. Identify and fully describe any work to be performed by the School Board.

c. Include a list of all federal, state, and local permits and approvals required for the project and a

schedule for obtaining such permits and approvals.

d. Identify any anticipated adverse social, economic, and environmental impacts of the project.

Specify the strategies or actions to mitigate known impacts of the project.

e. Identify the projected positive social, economic, and environmental impacts of the project.

f. Identify the proposed schedule for the work on the project, including the estimated time for

completion.

g. Propose allocation of risk and liability for work completed beyond the agreement's completion

date, and assurances for timely completion of the project.

h. State assumptions related to ownership, legal liability, law enforcement, and operation of the

project and the existence of any restrictions on the School Board's use of the project.

i. Provide information relative to phased or partial openings of the proposed project prior to

completion of the entire work.

j. List any other assumptions relied on for the project to be successful.

k. List any contingencies that must occur for the project to be successful.

3. Project Financing

a. Provide a preliminary estimate and estimating methodology of the cost of the work by phase,

segment, or both.

b. Submit a plan for the development, financing, and operation of the project showing the

anticipated schedule on which funds will be required. Describe the anticipated costs of and

proposed sources and uses for such funds including any anticipated debt service costs. The

operational plan should include appropriate staffing levels and associated costs. Include

supporting due diligence studies, analyses, or reports.

c. Include a list and discussion of assumptions underlying all major elements of the plan.

Assumptions should include all significant fees associated with financing given the

recommended financing approach. In addition complete disclosure of interest rate assumptions

15

should be included. Any ongoing operational fees, if applicable, should also be disclosed as well

as any assumptions with regard to increases in such fees.

d. Identify the proposed risk factors and methods for dealing with these factors.

e. Identify any local, state, or federal resources that the proposer contemplates requesting for the

project. Describe the total commitment, if any, expected from governmental sources and the

timing of any anticipated commitment. Such disclosure should include any direct or indirect

guarantees or pledges of the School Board's credit or revenue.

f. Identify the amounts and the terms and conditions for any revenue sources.

g. Identify any aspect of the project that could disqualify the project from obtaining tax-exempt

financing.

4. Project Benefit and Compatibility

a. Identify who will benefit from the project, how they will benefit, and how the project will

benefit the overall community, region, or state.

b. Identify any anticipated public support or opposition, as well as any anticipated government

support or opposition, for the project.

c. Explain the strategy and plans that will be carried out to involve and inform the general public,

business community, and governmental agencies in areas affected by the project.

d. Describe the anticipated significant benefits to the community, region or state, including

anticipated benefits to the economic condition of the School Board and whether the project is

critical to attracting or maintaining competitive industries and businesses to the School Board,

City of Fredericksburg, or the surrounding region.

e. Describe compatibility with the local comprehensive plan, local infrastructure development

plans, the capital improvements budget, or other government spending plan.

f. Provide a statement setting forth participation efforts that are intended to be undertaken in

connection with this project with regard to the following types of businesses: (i) minority-

owned businesses, (ii) woman-owned businesses, and (iii) small businesses.

B. Format for Submissions at Detailed Stage

If the School Board decides to proceed to the detailed phase of review with one or more proposals, the

following information should be provided by the private entity unless waived by the School Board:

1. A topographical map (1:2,000 or other appropriate scale) depicting the location of the

proposed project;

16

2. A list of public utility facilities, if any, that will be crossed by the qualifying project and a

statement of the plans of the proposer to accommodate such crossings;

3. A statement and strategy setting out the plans for securing all necessary property;

4. A detailed listing of all firms that will provide specific design, construction and completion

guarantees and warranties, and a brief description of such guarantees and warranties;

5. A total life-cycle cost specifying methodology and assumptions of the project or projects and

the proposed project start date. Include anticipated commitment of all parties; equity, debt, and

other financing mechanisms; and a schedule of project revenues and project costs. The life-

cycle cost analysis should include, but not be limited to, a detailed analysis of the projected

return, rate of return, or both, expected useful life of facility, and estimated annual operating

expenses;

6. A detailed discussion of assumptions about user fees or rates, and usage of the project or

projects;

7. Identification of any known government support or opposition, or general public support or

opposition for the project. Government or public support should be demonstrated through

resolution of official bodies, minutes of meetings, letters, or other official communications;

8. Demonstration of consistency with appropriate local comprehensive or infrastructure

development plans or indication of the steps required for acceptance into such plans;

9. Explanation of how the proposed project would impact local development plans of each

affected jurisdiction;

10. Identification of the executive management and the officers and directors of the firm or firms

submitting the proposal. In addition, identification of any known conflicts of interest or other

disabilities that may impact the School Board 's consideration of the proposal, including the

identification of any persons known to the proposer who would be obligated to disqualify

themselves from participation in any transaction arising from or in connection to the project

pursuant to the Virginia State and Local Government Conflict of Interest Act, Chapter 31 (§

2.2-3100 et seq.) of Title 2.2;

11. Detailed analysis of the financial feasibility of the proposed project, including its impact on

similar facilities operated or planned by the School Board. Include a detailed description of

any financing plan proposed for the project, a comparison of that plan with financing

alternatives that may be available to the School Board, and all underlying data supporting any

conclusions reached in the analysis or the selection by the applicant of the financing plan

proposed for the project;

12. Additional material and information as the School Board may reasonably request.

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VI. Proposal Evaluation and Selection Criteria

There are several factors that the School Board may wish to consider when evaluating and selecting a proposal

under the PPEA. The following are some of the factors that may be considered by the School Board in the

evaluation and selection of PPEA proposals; however, the School Board reserves the right to reject any request

or proposal at any time for any reason whatsoever.

A. Qualifications and Experience

Factors to be considered in either phase of the School Board's review to determine whether the proposer

possesses the requisite qualifications and experience include:

1. Experience with similar projects;

2. Demonstration of ability to perform work;

3. Leadership structure;

4. Project manager's experience;

5. Management approach;

6. Financial condition; and

7. Project ownership.

B. Project Characteristics

Factors to be considered in determining the project characteristics include:

1. Project definition;

2. Proposed project schedule;

3. Operation of the project;

4. Technology; technical feasibility;

5. Conformity to laws, regulations, and standards;

6. Environmental impacts;

7. Condemnation impacts;

8. State and local permits; and

9. Maintenance of the project.

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C. Project Financing

Factors to be considered in determining whether the proposed project financing allows adequate access to the

necessary capital to finance the project include:

1. Cost and cost benefit to the School Board;

2. Financing and the impact on the debt burden of the School Board or locality;

3. Financial plan, including the degree to which the proposer has conducted due diligence

investigation and analysis of the proposed financial plan and the results of any such inquiries

or studies;

4. Opportunity costs assessment;

5. Estimated cost;

6. Life-cycle cost analysis;

7. The identity, credit history, past performance of any third party that will provide financing for

the project and the nature and timing of its commitment, as applicable; and

8. Such other items as the School Board deems appropriate.

In the event that any project is financed through the issuance of obligations that are deemed to be tax-

supported debt of the School Board or locality, or if financing such a project may impact the School Board or

locality’s debt rating or financial position, the School Board or locality may select its own finance team,

source, and financing vehicle.

D. Project Benefit and Compatibility

Factors to be considered in determining the proposed project's compatibility with the appropriate local or

regional comprehensive or development plans include:

1. Community benefits;

2. Community support or opposition, or both;

3. Public involvement strategy;

4. Compatibility with existing and planned facilities; and

5. Compatibility with local, regional, and state economic development efforts.

E. Other Factors

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Other factors that may be considered by the School Board in the evaluation and selection of PPEA proposals

include:

1. The proposed cost of the qualifying project;

2. The general reputation, industry experience, and financial capacity of the private entity;

3. The proposed design of the qualifying project;

4. The eligibility of the project for accelerated documentation, review, and selection;

5. Local citizen and government comments;

6. Benefits to the public, including financial and nonfinancial;

7. The private entity's compliance with a minority business enterprise participation plan or good

faith effort to comply with the goals of such plan;

8. The private entity's plans to employ local contractors and residents;

9. The recommendation of a committee of representatives of members of the School Board and

the appropriating body which may be established to provide advisory oversight for the project; and

10. Other criteria that the School Board deems appropriate.

VII. Additional Review Procedures

A. Public Private Partnership Oversight Advisory Committee

The School Board may, at its discretion, invite the City Council, or members thereof, to serve on a joint

advisory committee to review the terms of a proposed interim or comprehensive agreement. Such review of

terms should include, but not be limited to, the scope, total cost and duration of the proposed project, and

whether the project involves or impacts multiple public entities. Timelines for such work committee should be

developed and made available to proposers. There is no requirement for a joint review committee.

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B. Appropriating Body

Prior to the execution of any proposed interim or comprehensive agreement, a draft shall be forwarded to the

City Council for review.

VIII. Interim and Comprehensive Agreements

Prior to developing or operating the qualifying project, the selected private entity shall enter into a

comprehensive agreement with the School Board. Prior to entering a comprehensive agreement, an interim

agreement may be entered into that permits a private entity to perform compensable activities related to the

project. The School Board may designate a working group to be responsible for negotiating any interim or

comprehensive agreement. Any interim or comprehensive agreement shall define the rights and obligations of

the School Board and the selected proposer with regard to the project.

A. Interim Agreement Terms

The scope of an interim agreement may include but is not limited to:

1. Project planning and development;

2. Design and engineering;

3. Environmental analysis and mitigation;

4. Survey;

5. Ascertaining the availability of financing for the proposed facility through financial and

revenue analysis;

6. Establishing a process and timing of the negotiation of the comprehensive agreement; and

7. Any other provisions related to any aspect of the development or operation of a qualifying

project that the parties may deem appropriate prior to the execution of a comprehensive agreement.

B. Comprehensive Agreement Terms

The scope of the comprehensive agreement shall include but not be limited to:

1. The delivery of maintenance, performance and payment bonds or letters of credit in

connection with any acquisition, design, construction, improvement, renovation, expansion, equipping,

maintenance, or operation of the qualifying project;

2. The review of plans and specifications for the qualifying project by the School Board;

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3. The rights of the School Board to inspect the qualifying project to ensure compliance with the

comprehensive agreement;

4. The maintenance of a policy or policies of liability insurance or self-insurance reasonably

sufficient to insure coverage of the project and the tort liability to the public and employees and to

enable the continued operation of the qualifying project;

5. The monitoring of the practices of the private entity by the School Board to ensure proper

maintenance;

6. The terms under which the private entity will reimburse the School Board for services

provided;

7. The policy and procedures that will govern the rights and responsibilities of the School Board

and the private entity in the event that the comprehensive agreement is terminated or there is a material

default by the private entity including the conditions governing assumption of the duties and

responsibilities of the private entity by the School Board and the transfer or purchase of property or

other interests of the private entity by the School Board;

8. The terms under which the private entity will file appropriate financial statements on a

periodic basis;

9. The mechanism by which user fees, lease payments, or service payments, if any, may be

established from time to time upon agreement of the parties. Any payments or fees shall be set at a

level that is the same for persons using the facility under like conditions and that will not materially

discourage use for the qualifying project;

a. A copy of any service contract shall be filed with the School Board.

b. A schedule of the current user fees or lease payments shall be made available by the private

entity to any member of the public upon request.

c. Classifications according to reasonable categories for assessment of user fees may be made.

10. The terms and conditions under which the School Board may contribute financial resources, if

any, for the qualifying project;

11. The terms and conditions under which existing site conditions will be assessed and addressed,

including identification of the responsible party for conducting the assessment and taking necessary

remedial action;

12. The terms and conditions under which the School Board will be required to pay money to the

private entity and the amount of any such payments for the project;

13. Other requirements of the PPEA or other applicable law; and

14. Such other terms and conditions as the School Board may deem appropriate.

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Any changes in the terms of the interim or comprehensive agreement as may be agreed upon by the parties

from time to time shall be added to the interim or comprehensive agreement by written amendment.

The comprehensive agreement may provide for the development or operation of phases or segments of a

qualifying project.

C. Notice and Posting Requirements

1. In addition to the posting requirements of Section V, the School Board shall hold a public

hearing on the proposals during the proposed review process, but not later than 30 days prior to

entering into an interim or comprehensive agreement.

2. Once the negotiation phase for the development of an interim or a comprehensive agreement is

complete and a decision to award has been made by the School Board, the School Board shall post the

proposed agreement in the following manner: on the School Board 's website or by publication in a

newspaper of general circulation in the area in which the contract work is to be performed, to include a

summary of the proposals and the location where copies of the proposals are available for public

inspection. Posting may also be on the Department of General Service's web-based electronic

procurement program commonly known as "eVA," in order to provide the public with centralized

visibility and access to the Commonwealth's procurement opportunities

3. In addition to the posting requirements, at least one copy of the proposals shall be made

available for public inspection. Trade secrets, financial records, or other records of the private entity

excluded from disclosure under the provisions of subdivision 11 of § 2.2-3705.6 shall not be required

to be posted, except as otherwise agreed to by the School Board and the private entity.

4. Any studies and analyses considered by the School Board in its review of a proposal shall be

disclosed to the appropriating body at some point prior to the execution of an interim or

comprehensive agreement.

5. Once an interim agreement or a comprehensive agreement has been entered into, the School

Board shall make procurement records available for public inspection, upon request.

a. Such procurement records shall include documents protected from disclosure during the

negotiation phase on the basis that the release of such documents would have adverse effect on

the financial interest or bargaining position of the School Board or private entity in accordance

with Section II.D.

b. Such procurement records shall not include (i) trade secrets of the private entity as defined in

the Uniform Trade Secrets Act (§ 59.1-336 et seq.) or (ii) financial records, including balance

sheets or financial statements of the private entity that are not generally available to the public

through regulatory disclosure or otherwise.

To the extent access to procurement records are compelled or protected by a court order, then the School Board

must comply with such order.

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IX. Governing Provisions

In the event of any conflict between these guidelines and the PPEA, the terms of the PPEA shall control. All

remaining provisions and procedures shall remain in full force and effect.

X. Terms and Definitions

"Affected jurisdiction" means any county, city, or town in which all or a portion of a qualifying project is

located.

"Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a

qualifying project.

"Comprehensive agreement" means the comprehensive agreement between the private entity and the

responsible public entity that is required prior to the development or operation of a qualifying project.

"Conceptual stage" means the initial phase of project evaluation when the public entity makes a determination

whether the proposed project serves a public purpose, meets the criteria for a qualifying project, assesses the

qualifications and experience of a private entity proposer, reviews the project for financial feasibility, and

warrants further pursuit.

"Cost-benefit analysis" means an analysis that weighs expected costs against expected benefits in order to

choose the best option. For example, a city manager may compare the costs and benefits of constructing a new

office building to those of renovating and maintaining an existing structure in order to select the most

financially advantageous option.

"Detailed stage" means the second phase of project evaluation where the public entity has completed the

conceptual stage and accepted the proposal and may request additional information regarding a proposed

project prior to entering into competitive negotiations with one or more private entities to develop an interim or

comprehensive agreement.

"Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or

expand.

"Interim agreement" means an agreement between a private entity and a responsible public entity that provides

for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are

not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue

analysis, or any other phase of the project that constitutes activity on any part of the qualifying project.

"Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for

the use of a qualifying project.

"Lifecycle cost analysis" means an analysis that calculates cost of an asset over its entire life span and includes

the cost of planning, constructing, operating, maintaining, replacing, and when applicable, salvaging the asset.

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Although one proposal may have a lower initial construction cost, it may not have the lowest lifecycle cost

once maintenance, replacement, and salvage value is considered.

"Material default" means any default by the private entity in the performance of its duties that jeopardizes

adequate service to the public from a qualifying project.

"Operate" means to finance, maintain, improve, equip, modify, repair, or operate.

"Opportunity cost" means the cost of passing up another choice when making a decision or the increase in

costs due to delays in making a decision.

"Private entity" means any natural person, corporation, general partnership, limited liability company, limited

partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.

"Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and

any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional

entity that serves a public purpose.

"Qualifying project" means (i) any education facility, including, but not limited to a school building, any

functionally related and subordinate facility and land of a school building (including any stadium or other

facility primarily used for school events), and any depreciable property provided for use in a school facility

that is operated as part of the public school system or as an institution of higher education; (ii) any building or

facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any

improvements, together with equipment, necessary to enhance public safety and security of buildings to be

principally used by a public entity; (iv) utility and telecommunications and other communications

infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited

to, telecommunications, automated data processing, word processing and management information systems,

and related information, equipment, goods and services; (vii) any services designed to increase the productivity

or efficiency of the responsible public entity through the use of technology or other means; or (viii) any

technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses

or residential areas; (ix)any improvements necessary or desirable to any unimproved locally- or state-owned

real estate; or (x) any solid waste management facility as defined in Virginia Code Section 10.1-1400 that

produces electric energy from solid waste.

"Responsible public entity" means a public entity that has the power to develop or operate the applicable

qualifying project.

"Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising

out of or in connection with supporting the development or operation of a qualifying project, including without

limitation, money received as grants or otherwise from the United States of America, from any public entity, or

from any agency or instrumentality of the foregoing in aid of such facility.

"Service contract" means a contract entered into between a public entity and the private entity pursuant to

Virginia Code § 56-575.5.

"Service payments" means payments to the private entity of a qualifying project pursuant to a service contract.

"State" means the Commonwealth of Virginia.

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"User fees" mean the rates, fees, or other charges imposed by the private entity of a qualifying project for use

of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § Virginia

Code §56-575.9.

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Appendix I

The Virginia Public-Private Education Facilities and Infrastructure Act of 2002 (“Act”), as amended, is found

at Code of Virginia Title 56, Chapter 22.1, Section 56-575.1 thru 56-575.18. Below is the Act as amended

through 2011 and as portrayed on the Legislative Information Services Website: http://leg1.state.va.us/cgi-

bin/legp504.exe?000+cod+TOC56000000022000000000000.

This Appendix is meant to reserve a place for the most up-to-date and accurate version of the Act. If there is a

discrepancy between the language below and the most current codification of the Act, the most current

codification of the Act replaces any conflicting or insufficient language in this Appendix.

§ 56-575.1. Definitions

As used in this chapter, unless the context requires a different meaning:

"Affected jurisdiction" means any county, city or town in which all or a portion of a qualifying project is

located.

"Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a

qualifying project.

"Commission" means the State Corporation Commission.

"Comprehensive agreement" means the comprehensive agreement between the private entity and the

responsible public entity required by § 56-575.9.

"Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or

expand.

"Interim agreement" means an agreement between a private entity and a responsible public entity that provides

for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are

not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue

analysis, or any other phase of the project that constitutes activity on any part of the qualifying project.

"Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for

the use of a qualifying project.

"Material default" means any default by the private entity in the performance of its duties under subsection E

of § 56-575.8 that jeopardizes adequate service to the public from a qualifying project.

"Operate" means to finance, maintain, improve, equip, modify, repair, or operate.

"Private entity" means any natural person, corporation, general partnership, limited liability company, limited

partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity.

27

"Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and

any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional

entity that serves a public purpose.

"Qualifying project" means (i) any education facility, including, but not limited to a school building, any

functionally related and subordinate facility and land to a school building (including any stadium or other

facility primarily used for school events), and any depreciable property provided for use in a school facility

that is operated as part of the public school system or as an institution of higher education; (ii) any building or

facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any

improvements, together with equipment, necessary to enhance public safety and security of buildings to be

principally used by a public entity; (iv) utility and telecommunications and other communications

infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including,

but not limited to, telecommunications, automated data processing, word processing and management

information systems, and related information, equipment, goods and services; (vii) any services designed to

increase the productivity or efficiency of the responsible public entity through the use of technology or other

means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to

schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved

locally- or state-owned real estate; or (x) any solid waste management facility as defined in § 10.1-1400 that

produces electric energy derived from solid waste.

"Responsible public entity" means a public entity that has the power to develop or operate the applicable

qualifying project.

"Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising

out of or in connection with supporting the development or operation of a qualifying project, including without

limitation, money received as grants or otherwise from the United States of America, from any public entity, or

from any agency or instrumentality of the foregoing in aid of such facility.

"Service contract" means a contract entered into between a public entity and the private entity pursuant to § 56-

575.5.

"Service payments" means payments to the private entity of a qualifying project pursuant to a service contract.

"State" means the Commonwealth of Virginia.

"User fees" mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of

all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § 56-575.9.

§ 56-575.2. Declaration of public purpose

A. The General Assembly finds that:

1. There is a public need for timely acquisition, design, construction, improvement, renovation, expansion,

equipping, maintenance, operation, implementation, or installation of education facilities, technology

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infrastructure and other public infrastructure and government facilities within the Commonwealth that serve a

public need and purpose;

2. Such public need may not be wholly satisfied by existing methods of procurement in which qualifying

projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated,

implemented, or installed;

3. There are inadequate resources to develop new education facilities, technology infrastructure and other

public infrastructure and government facilities for the benefit of citizens of the Commonwealth, and there is

demonstrated evidence that public-private partnerships can meet these needs by improving the schedule for

delivery, lowering the cost, and providing other benefits to the public;

4. Financial incentives exist under state and federal tax provisions that promote public entities to enter into

partnerships with private entities to develop qualifying projects;

5. Authorizing private entities to develop or operate one or more qualifying projects may result in the

availability of such projects to the public in a more timely or less costly fashion, thereby serving the public

safety, benefit, and welfare.

B. An action under § 56-575.4 shall serve the public purpose of this chapter if such action facilitates the timely

development or operation of qualifying projects.

C. It is the intent of this chapter, among other things, to encourage investment in the Commonwealth by private

entities and facilitate the bond financing provisions of the Economic Growth and Tax Relief Reconciliation

Act of 2001 or other similar financing mechanisms, private capital and other funding sources that support the

development or operation of qualifying projects, to the end that financing for qualifying projects be expanded

and accelerated to improve and add to the convenience of the public, and such that public and private entities

may have the greatest possible flexibility in contracting with each other for the provision of the public services

that are the subject of this chapter.

D. This chapter shall be liberally construed in conformity with the purposes hereof.

§ 56-575.3. Prerequisite for operation of a qualifying project

A. Any private entity seeking authorization under this chapter to develop or operate a qualifying project shall

first obtain approval of the responsible public entity under § 56-575.4. Such private entity may initiate the

approval process by requesting approval pursuant to subsection A of § 56-575.4 or the responsible public

entity may request proposals or invite bids pursuant to subsection B of § 56-575.4.

B. Any facility, building, infrastructure or improvement included in a proposal as a part of a qualifying project

shall be identified specifically or conceptually.

C. Upon receipt by the responsible public entity of a proposal submitted by a private entity initiating the

approval process pursuant to subsection A of § 56-575.4, the responsible public entity shall determine whether

to accept such proposal for consideration in accordance with § 56-575.16. If the responsible public entity

29

determines not to accept for consideration the proposal submitted by the private entity pursuant to subsection

A of § 56-575.4, it shall return the proposal, together with all fees and accompanying documentation, to the

private entity.

D. The responsible public entity may reject any proposal initiated by a private entity pursuant to subsection A

of § 56-575.4 at any time. If the responsible public entity rejects a proposal initiated by a private entity that

purports to develop specific cost savings, the public entity shall specify the basis for the rejection.

§ 56-575.3:1. Adoption of guidelines by responsible public entities

A. A responsible public entity shall, prior to requesting or considering a proposal for a qualifying project,

adopt and make publicly available guidelines that are sufficient to enable the responsible public entity to

comply with this chapter. Such guidelines shall be reasonable, encourage competition, and guide the selection

of projects under the purview of the responsible public entity.

B. For a responsible public entity that is an agency or institution of the Commonwealth, the guidelines shall

include, but not be limited to:

1. Opportunities for competition through public notice and availability of representatives of the responsible

public entity to meet with private entities considering a proposal;

2. Reasonable criteria for choosing among competing proposals;

3. Suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement;

4. Authorization for accelerated selection and review and documentation timelines for proposals involving a

qualifying project that the responsible public entity deems a priority;

5. Financial review and analysis procedures that shall include, at a minimum, a cost-benefit analysis, an

assessment of opportunity cost, and consideration of the results of all studies and analyses related to the

proposed qualifying project. These procedures shall also include requirements for the disclosure of such

analysis to the appropriating body for review prior to execution of an interim or comprehensive agreement;

6. Consideration of the nonfinancial benefits of a proposed qualifying project;

7. A mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to

execution, which shall be in compliance with applicable law and the provisions of subsection I of § 56-575.4

pertaining to the approval of qualifying projects;

8. Establishment of criteria for (i) the creation of and the responsibilities of a public-private partnership

oversight committee with members representing the responsible public entity and the appropriating body or (ii)

compliance with the requirements of Chapter 42 (§ 30-278 et seq.) of Title 30. Such criteria shall include the

scope, costs, and duration of the qualifying project, as well as whether the project involves or impacts multiple

public entities. The oversight committee, if formed, shall be an advisory committee to review the terms of any

proposed interim or comprehensive agreement;

30

9. Analysis of the adequacy of the information released when seeking competing proposals and providing for

the enhancement of that information, if deemed necessary, to encourage competition pursuant to subsection G

of § 56-575.4;

10. Establishment of criteria, key decision points, and approvals required to ensure that the responsible public

entity considers the extent of competition before selecting proposals and negotiating an interim or

comprehensive agreement; and

11. The posting and publishing of public notice of a private entity's request for approval of a qualifying project,

including (i) specific information and documentation to be released regarding the nature, timing, and scope of

the qualifying project pursuant to subsection A of § 56-575.4; (ii) a reasonable time period as determined by

the responsible public entity to encourage competition and public-private partnerships in accordance with the

goals of this chapter, such reasonable period not to be less than 45 days, during which time the responsible

public entity shall receive competing proposals pursuant to subsection A of § 56-575.4; and (iii) a requirement

for advertising the public notice in the Virginia Business Opportunities publication and posting a notice on the

Commonwealth's electronic procurement website shall be included.

C. For a responsible public entity that is not an agency or institution of the Commonwealth the guidelines may

include the provisions set forth in subsection B in the discretion of such public entity. However, the guidelines

of a responsible public entity that is not an agency or institution of the Commonwealth shall include:

1. A requirement that it engage the services of qualified professionals, which may include an architect,

professional engineer, or certified public accountant, not otherwise employed by the responsible public entity,

to provide independent analysis regarding the specifics, advantages, disadvantages, and the long- and short-

term costs of any request by a private entity for approval of a qualifying project unless the governing body of

the responsible public entity determines that such analysis of a request by a private entity for approval of a

qualifying project shall be performed by employees of the responsible public entity; and

2. A mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to

execution.

§ 56-575.4. Approval of qualifying projects by the responsible public entity

A. A private entity may request approval of a qualifying project by the responsible public entity. Any such

request shall be accompanied by the following material and information unless waived by the responsible

public entity:

1. A topographic map (1:2,000 or other appropriate scale) indicating the location of the qualifying project;

2. A description of the qualifying project, including the conceptual design of such facility or facilities or a

conceptual plan for the provision of services or technology infrastructure, and a schedule for the initiation of

and completion of the qualifying project to include the proposed major responsibilities and timeline for

activities to be performed by both the public and private entity;

31

3. A statement setting forth the method by which the private entity proposes to secure necessary property

interests required for the qualifying project;

4. Information relating to the current plans for development of facilities or technology infrastructure to be used

by a public entity that are similar to the qualifying project being proposed by the private entity, if any, of each

affected local jurisdiction;

5. A list of all permits and approvals required for the qualifying project from local, state, or federal agencies

and a projected schedule for obtaining such permits and approvals;

6. A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the

plans of the private entity to accommodate such crossings;

7. A statement setting forth the private entity's general plans for financing the qualifying project including the

sources of the private entity's funds and identification of any dedicated revenue source or proposed debt or

equity investment on the behalf of the private entity;

8. The names and addresses of the persons who may be contacted for further information concerning the

request;

9. User fees, lease payments, and other service payments over the term of the interim or comprehensive

agreement pursuant to § 56-575.9 or 56-575.9:1 and the methodology and circumstances for changes to such

user fees, lease payments, and other service payments over time; and

10. Such additional material and information as the responsible public entity may reasonably request.

B. The responsible public entity may request proposals or invite bids from private entities for the development

or operation of qualifying projects.

C. The responsible public entity may grant approval of the development or operation of the education facility,

technology infrastructure or other public infrastructure or government facility needed by a public entity as a

qualifying project, or the design or equipping of a qualifying project so developed or operated, if the

responsible public entity determines that the project serves the public purpose of this chapter. The responsible

public entity may determine that the development or operation of the qualifying project as a qualifying project

serves such public purpose if:

1. There is a public need for or benefit derived from the qualifying project of the type the private entity

proposes as a qualifying project;

2. The estimated cost of the qualifying project is reasonable in relation to similar facilities; and

3. The private entity's plans will result in the timely development or operation of the qualifying project.

32

In evaluating any request, the responsible public entity may rely upon internal staff reports prepared by

personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants

having relevant experience.

D. The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing and

evaluating the request, including without limitation, reasonable attorney's fees and fees for financial, technical,

and other necessary advisors or consultants.

E. The approval of the responsible public entity shall be subject to the private entity's entering into an interim

or comprehensive agreement pursuant to § 56-575.9 with the responsible public entity.

F. In connection with its approval of the qualifying project, the responsible public entity shall establish a date

for the commencement of activities related to the qualifying project. The responsible public entity may extend

such date from time to time.

G. The responsible public entity shall take appropriate action to protect confidential and proprietary

information provided by the private entity pursuant to an agreement under subdivision 11 of § 2.2-3705.6.

H. Nothing in this chapter or in an interim or comprehensive agreement entered into pursuant to this chapter

shall be deemed to enlarge, diminish or affect the authority, if any, otherwise possessed by the responsible

public entity to take action that would impact the debt capacity of the Commonwealth.

I. Prior to entering into the negotiation of an interim or comprehensive agreement, each responsible public

entity that is an agency or institution of the Commonwealth shall submit copies of detailed proposals to the

Public-Private Partnership Advisory Commission as provided by Chapter 42 (§ 30-278 et seq.) of Title 30.

J. Any proposed comprehensive agreement for a qualifying project where the responsible public entity is an

agency or institution of the Commonwealth that (i) creates state tax-supported debt, (ii) requires a level of

appropriation significantly beyond the appropriation received by the responsible public entity in the most

recent appropriation act, or (iii) significantly alters the Commonwealth's discretion to change the level of

services or the funding for such services over time, shall be reviewed by the appropriating body prior to

execution.

§ 56-575.5. Service contracts

In addition to any authority otherwise conferred by law, any public entity may contract with a private entity for

the delivery of services to be provided as part of a qualifying project in exchange for such service payments

and other consideration as such public entity may deem appropriate.

§ 56-575.6. Affected local jurisdictions

A. Any private entity requesting approval from, or submitting a proposal to, a responsible public entity under §

56-575.4 shall notify each affected local jurisdiction by furnishing a copy of its request or proposal to each

affected local jurisdiction.

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B. Each affected local jurisdiction that is not a responsible public entity for the respective qualifying project

shall, within sixty days after receiving such notice, submit any comments it may have in writing on the

proposed qualifying project to the responsible public entity and indicate whether the facility is compatible with

the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or

other government spending plan. Such comments shall be given consideration by the responsible public entity

prior to entering a comprehensive agreement pursuant to § 56-575.9 with a private entity.

§ 56-575.7. Dedication of public property

Any public entity may dedicate any property interest, including land, improvements, and tangible personal

property, that it has for public use in a qualifying project if it finds that so doing will serve the public purpose

of this chapter by minimizing the cost of a qualifying project to the public entity or reducing the delivery time

of a qualifying project. In connection with such dedication, a public entity may convey any property interest

that it has, subject to the conditions imposed by general law governing such conveyances, to the private entity

subject to the provisions of this chapter, for such consideration as such public entity may determine. The

aforementioned consideration may include, without limitation, the agreement of the private entity to develop or

operate the qualifying project. The property interests that the public entity may convey to the private entity in

connection with a dedication under this section may include licenses, franchises, easements, or any other right

or interest the public entity deems appropriate.

§ 56-575.8. Powers and duties of the private entity

A. The private entity shall have all power allowed by law generally to a private entity having the same form of

organization as the private entity and shall have the power to develop or operate the qualifying project and

collect lease payments, impose user fees or enter into service contracts in connection with the use thereof.

B. The private entity may own, lease or acquire any other right to use or operate the qualifying project.

C. Any financing of the qualifying project may be in such amounts and upon such terms and conditions as may

be determined by the private entity. Without limiting the generality of the foregoing, the private entity may

issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any

financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property

interests in the qualifying project.

D. In operating the qualifying project, the private entity may:

1. Make classifications according to reasonable categories for assessment of user fees; and

2. With the consent of the responsible public entity, make and enforce reasonable rules to the same extent that

the responsible public entity may make and enforce rules with respect to similar facilities.

E. The private entity shall:

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1. Develop or operate the qualifying project in a manner that is acceptable to the responsible public entity, all

in accordance with the provisions of the interim or comprehensive agreement pursuant to § 56-575.9 or 56-

575.9:1;

2. Keep the qualifying project open for use by the members of the public at all times, or as appropriate based

upon the use of the facility, after its initial opening upon payment of the applicable user fees, lease payments,

or service payments; provided that the qualifying project may be temporarily closed because of emergencies

or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable

construction or maintenance activities. In the event that a qualifying project is technology infrastructure, access

may be limited as determined by the conditions of the interim or comprehensive agreement;

3. Maintain, or provide by contract for the maintenance or upgrade of the qualifying project, if required by the

interim or comprehensive agreement;

4. Cooperate with the responsible public entity in making best efforts to establish any interconnection with the

qualifying project requested by the responsible public entity; and

5. Comply with the provisions of the interim or comprehensive agreement and any lease or service contract.

F. Nothing shall prohibit an private entity of a qualifying project from providing additional services for the

qualifying project to public or private entities other than the responsible public entity so long as the provision

of additional service does not impair the private entity's ability to meet its commitments to the responsible

public entity pursuant to the interim or comprehensive agreement as provided for in § 56-575.9 or 56-575.9:1.

§ 56-575.9. Comprehensive agreement

A. Prior to developing or operating the qualifying project, the private entity shall enter into a comprehensive

agreement with the responsible public entity. The comprehensive agreement shall provide for:

1. Delivery of maintenance, performance and payment bonds, letters of credit in connection with the

development or operation of the qualifying project, in the forms and amounts satisfactory to the responsible

public entity and in compliance with § 2.2-4337 for those components of the qualifying project that involve

construction;

2. Review of plans and specifications for the qualifying project by the responsible public entity and approval

by the responsible public entity if the plans and specifications conform to standards acceptable to the

responsible public entity. This shall not be construed as requiring the private entity to complete design of a

qualifying project prior to the execution of a comprehensive agreement;

3. Inspection of the qualifying project by the responsible public entity to ensure that the private entity's

activities are acceptable to the responsible public entity in accordance with the provisions of the

comprehensive agreement;

4. Maintenance of a policy or policies of public liability insurance (copies of which shall be filed with the

responsible public entity accompanied by proofs of coverage) or self-insurance, each in form and amount

35

satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the

public and employees and to enable the continued operation of the qualifying project;

5. Monitoring of the practices of the private entity by the responsible public entity to ensure that the qualifying

project is properly maintained;

6. Reimbursement to be paid to the responsible public entity for services provided by the responsible public

entity;

7. Filing of appropriate financial statements on a periodic basis; and

8. Policies and procedures governing the rights and responsibilities of the responsible public entity and the

private entity in the event the comprehensive agreement is terminated or there is a material default by the

private entity. Such policies and guidelines shall include conditions governing assumption of the duties and

responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or

other interests of the private entity by the responsible public entity.

B. The comprehensive agreement shall provide for such user fees, lease payments, or service payments as may

be established from time to time by agreement of the parties. A copy of any service contract shall be filed with

the responsible public entity. In negotiating user fees under this section, the parties shall establish payments or

fees that are the same for persons using the facility under like conditions and that will not materially

discourage use of the qualifying project. The execution of the comprehensive agreement or any amendment

thereto shall constitute conclusive evidence that the user fees, lease payments, or service payments provided

for comply with this chapter. User fees or lease payments established in the comprehensive agreement as a

source of revenues may be in addition to, or in lieu of, service payments.

C. In the comprehensive agreement, the responsible public entity may agree to make grants or loans to the

private entity from time to time from amounts received from the federal, state, or local government or any

agency or instrumentality thereof.

D. The comprehensive agreement shall incorporate the duties of the private entity under this chapter and may

contain such other terms and conditions that the responsible public entity determines serve the public purpose

of this chapter. Without limitation, the comprehensive agreement may contain provisions under which the

responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity

and the persons specified therein as providing financing for the qualifying project. The comprehensive

agreement may contain such other lawful terms and conditions to which the private entity and the responsible

public entity mutually agree, including, without limitation, provisions regarding unavoidable delays or

provisions providing for a loan of public funds to the private entity to develop or operate one or more

qualifying projects. The comprehensive agreement may also contain provisions where the authority and duties

of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible

public entity or, if the qualifying project was initially dedicated by an affected local jurisdiction, to such

affected local jurisdiction for public use.

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E. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time

to time, shall be added to the comprehensive agreement by written amendment.

F. When a responsible public entity that is not an agency or authority of the Commonwealth enters into a

comprehensive agreement pursuant to this chapter, it shall within 30 days thereafter submit a copy of the

comprehensive agreement to the Auditor of Public Accounts.

G. The comprehensive agreement may provide for the development or operation of phases or segments of the

qualifying project.

§ 56-575.9:1. Interim agreement

Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity

may enter into an interim agreement with the private entity proposing the development or operation of the

qualifying project. Such interim agreement may (i) permit the private entity to commence activities for which

it may be compensated relating to the proposed qualifying project, including, but not limited to, project

planning and development, design and engineering, environmental analysis and mitigation, survey, and

ascertaining the availability of financing for the proposed facility or facilities; (ii) establish the process and

timing of the negotiation of the comprehensive agreement; and (iii) contain any other provisions related to any

aspect of the development or operation of a qualifying project that the parties may deem appropriate.

§ 56-575.10. Federal, state and local assistance

A. Any financing of a qualifying facility may be in such amounts and upon such terms and conditions as may

be determined by the parties to the interim or comprehensive agreement. Without limiting the generality of the

terms and conditions of the financing, the private entity and the responsible public entity may propose to

utilize any and all funding resources that may be available to them and may, to the fullest extent permitted by

applicable law, issue debt, equity, or other securities or obligations, enter into leases, access any designated

trust funds, borrow or accept grants from any state infrastructure bank, and secure any financing with a pledge

of, security interest in, or lien on, any or all of its property, including all of its property interests in the

qualifying facility.

B. The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying

project that serves the public purpose of this chapter and may enter into any contracts required to receive such

assistance. If the responsible public entity is a state agency, any funds received from the state or federal

government or any agency or instrumentality thereof shall be subject to appropriation by the General

Assembly. The responsible public entity may determine that it serves the public purpose of this chapter for all

or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant

or loan made by the local, state, or federal government or any agency or instrumentality thereof.

§ 56-575.11. Material default; remedies

A. In the event of a material default by the private entity, the responsible public entity may elect to assume the

responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all

37

of the right, title and interest in such qualifying project, subject to any liens on revenues previously granted by

the private entity to any person providing financing thereof.

B. Any responsible public entity having the power of condemnation under state law may exercise such power

of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any

person who has provided financing for the qualifying project, and the private entity, to the extent of its capital

investment, may participate in the condemnation proceedings with the standing of a property owner.

C. The responsible public entity may terminate, with cause, the interim or comprehensive agreement and

exercise any other rights and remedies that may be available to it at law or in equity.

D. The responsible public entity may make or cause to be made any appropriate claims under the maintenance,

performance, or payment bonds; or lines of credit required by subsection A 1 of § 56-575.9.

E. In the event the responsible public entity elects to take over a qualifying project pursuant to subsection A,

the responsible public entity may develop or operate the qualifying project, impose user fees, impose and

collect lease payments for the use thereof and comply with any service contracts as if it were the private entity.

Any revenues that are subject to a lien shall be collected for the benefit of and paid to secured parties, as their

interests may appear, to the extent necessary to satisfy the private entity's obligations to secured parties,

including the maintenance of reserves. Such liens shall be correspondingly reduced and, when paid off,

released. Before any payments to, or for the benefit of, secured parties, the responsible public entity may use

revenues to pay current operation and maintenance costs of the qualifying project, including compensation to

the responsible public entity for its services in operating and maintaining the qualifying project. The right to

receive such payment, if any, shall be considered just compensation for the qualifying project. The full faith

and credit of the responsible public entity shall not be pledged to secure any financing of the private entity by

the election to take over the qualifying project. Assumption of operation of the qualifying project shall not

obligate the responsible public entity to pay any obligation of the private entity from sources other than

revenues..

§ 56-575.12. Condemnation

At the request of the private entity, the responsible public entity may exercise any power of condemnation that

it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the

responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be

paid in any such condemnation proceeding shall be paid by the private entity.

§ 56-575.13. Utility crossing

The private entity and each public service company, public utility, railroad, and cable television provider,

whose facilities are to be crossed or affected shall cooperate fully with the other entity in planning and

arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of

condemnation is hereby expressly granted such powers in connection with the moving or relocation of

facilities to be crossed by the qualifying project or that must be relocated to the extent that such moving or

relocation is made necessary or desirable by construction of, renovation to, or improvements to the qualifying

38

project, which shall be construed to include construction of, renovation to, or improvements to temporary

facilities for the purpose of providing service during the period of construction or improvement. Any amount

to be paid for such crossing, construction, moving or relocating of facilities shall be paid for by the private

entity. Should the private entity and any such public service company, public utility, railroad, and cable

television provider not be able to agree upon a plan for the crossing or relocation, the Commission may

determine the manner in which the crossing or relocation is to be accomplished and any damages due arising

out of the crossing or relocation. The Commission may employ expert engineers who shall examine the

location and plans for such crossing or relocation, hear any objections and consider modifications, and make a

recommendation to the Commission. In such a case, the cost of the experts is to be borne by the private entity.

Such determination shall be made by the Commission within ninety days of notification by the private entity

that the qualifying project will cross utilities subject to the Commission's jurisdiction.

§ 56-575.14. Police powers; violations of law

All police officers of the Commonwealth and of each affected local jurisdiction shall have the same powers

and jurisdiction within the limits of such qualifying project as they have in their respective areas of jurisdiction

and such police officers shall have access to the qualifying project at any time for the purpose of exercising

such powers and jurisdiction.

§ 56-575.15. Sovereign immunity

Nothing in this chapter shall be construed as or deemed a waiver of the sovereign immunity of the

Commonwealth, any responsible public entity or any affected local jurisdiction or any officer or employee

thereof with respect to the participation in, or approval of all or any part of the qualifying project or its

operation, including but not limited to interconnection of the qualifying project with any other infrastructure or

project. Counties, cities and towns in which a qualifying project is located shall possess sovereign immunity

with respect to its design, construction, and operation.

§ 56-575.16. Procurement

The Virginia Public Procurement Act (§ 2.2-4300 et seq.) and any interpretations, regulations, or guidelines of

the Division of Engineering and Buildings of the Department of General Services or the Virginia Information

Technologies Agency, including the Capital Outlay Manual and those interpretations, regulations or guidelines

developed pursuant to §§ 2.2-1131, 2.2-1132, 2.2-1133, 2.2-1149, and 2.2-1502, except those developed by the

Division or the Virginia Information Technologies Agency in accordance with this chapter when the

Commonwealth is the responsible public entity, shall not apply to this chapter. However, a responsible public

entity may enter into a comprehensive agreement only in accordance with guidelines adopted by it as follows:

1. A responsible public entity may enter into a comprehensive agreement in accordance with guidelines

adopted by it that are consistent with procurement through competitive sealed bidding as set forth in § 2.2-

4302.1 and subsection B of § 2.2-4310.

2. A responsible public entity may enter into a comprehensive agreement in accordance with guidelines

adopted by it that are consistent with the procurement of "other than professional services" through

39

competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310. Such responsible public

entity shall not be required to select the proposal with the lowest price offer, but may consider price as one

factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost

of the qualifying facility; (ii) the general reputation, industry experience, and financial capacity of the private

entity; (iii) the proposed design of the qualifying project; (iv) the eligibility of the facility for accelerated

selection, review, and documentation timelines under the responsible public entity's guidelines; (v) local

citizen and government comments; (vi) benefits to the public; (vii) the private entity's compliance with a

minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii)

the private entity's plans to employ local contractors and residents; and (ix) other criteria that the responsible

public entity deems appropriate.

A responsible public entity shall proceed in accordance with the guidelines adopted by it pursuant to

subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to

this subdivision is likely to be advantageous to the responsible public entity and the public, based on (i) the

probable scope, complexity, or priority of the project; (ii) risk sharing including guaranteed cost or completion

guarantees, added value or debt or equity investments proposed by the private entity; or (iii) an increase in

funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the

responsible public entity determines to proceed according to the guidelines adopted by it pursuant to this

subdivision, it shall state the reasons for its determination in writing. If a state agency is the responsible public

entity, the approval of the responsible Governor's Secretary, or the Governor, shall be required before the

responsible public entity may enter into a comprehensive agreement pursuant to this subdivision.

3. Nothing in this chapter shall authorize or require that a responsible public entity obtain professional services

through any process except in accordance with guidelines adopted by it that are consistent with the

procurement of "professional services" through competitive negotiation as set forth in § 2.2-4302.2 and

subsection B of § 2.2-4310.

4. A responsible public entity shall not proceed to consider any request by a private entity for approval of a

qualifying project until the responsible public entity has adopted and made publicly available guidelines

pursuant to § 56-575.3:1 that are sufficient to enable the responsible public entity to comply with this chapter.

5. A responsible public entity that is a school board or a county, city, or town may enter into an interim or

comprehensive agreement under this chapter only with the approval of the local governing body

§ 56-575.17. Posting of conceptual proposals; public comment; public access to procurement records.

A. Conceptual proposals submitted in accordance with subsection A or B of § 56-575.4 to a responsible public

entity shall be posted by the responsible public entity within 10 working days after acceptance of such

proposals as follows:

1. For responsible public entities that are state agencies, authorities, departments, institutions, and other units

of state government, posting shall be on the Department of General Services' centralized electronic

procurement website; and

40

2. For responsible public entities that are local bodies, posting shall be on the responsible public entity's

website or on the Department of General Services' central electronic procurement website. In addition, such

public bodies may publish in a newspaper of general circulation in the area in which the contract is to be

performed a summary of the proposals and the location where copies of the proposals are available for public

inspection. Such local public bodies are encouraged to utilize the Department of General Services' central

electronic procurement website to provide the public with centralized visibility and access to the

Commonwealth's procurement opportunities.

In addition to the posting requirements, at least one copy of the proposals shall be made available for public

inspection. Nothing in this section shall be construed to prohibit the posting of the conceptual proposals by

additional means deemed appropriate by the responsible public entity so as to provide maximum notice to the

public of the opportunity to inspect the proposals. Trade secrets, financial records, or other records of the

private entity excluded from disclosure under the provisions of subdivision 11 of § 2.2-3705.6 shall not be

required to be posted, except as otherwise agreed to by the responsible public entity and the private entity.

B. The responsible public entity shall hold a public hearing on the proposals during the proposal review

process, but not later than 30 days prior to entering into an interim or comprehensive agreement.

C. Once the negotiation phase for the development of an interim or a comprehensive agreement is complete,

but before an interim agreement or a comprehensive agreement is entered into, a responsible public entity shall

make available the proposed agreement in a manner provided in subsection A.

D. Once an interim agreement or a comprehensive agreement has been entered into, a responsible public entity

shall make procurement records available for public inspection, upon request. For the purposes of this

subsection, procurement records shall not be interpreted to include (i) trade secrets of the private entity as

defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.) or (ii) financial records, including balance sheets

or financial statements of the private entity that are not generally available to the public through regulatory

disclosure or otherwise.

E. Cost estimates relating to a proposed procurement transaction prepared by or for a responsible public entity

shall not be open to public inspection.

F. Any inspection of procurement transaction records under this section shall be subject to reasonable

restrictions to ensure the security and integrity of the records.

G. The provisions of this section shall apply to accepted proposals regardless of whether the process of

bargaining will result in an interim or a comprehensive agreement.

§ 56-575.17:1. Contributions and gifts; prohibition during approval process

A. No private entity that has submitted a bid or proposal to a public entity that is an executive branch agency

directly responsible to the Governor and is seeking to develop or operate a qualifying project pursuant to this

chapter, and no individual who is an officer or director of such a private entity, shall knowingly provide a

contribution, gift, or other item with a value greater than $50 or make an express or implied promise to make

41

such a contribution or gift to the Governor, his political action committee, or the Governor's Secretaries, if the

Secretary is responsible to the Governor for an executive branch agency with jurisdiction over the matters at

issue, following the submission of a proposal under this chapter until the execution of a comprehensive

agreement thereunder. The provisions of this section shall apply only for any proposal or an interim or

comprehensive agreement where the stated or expected value of the contract is $5 million or more.

B. Any person who knowingly violates this section shall be subject to a civil penalty of $500 or up to two

times the amount of the contribution or gift, whichever is greater. The attorney for the Commonwealth shall

initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the

State Treasurer for deposit to the general fund.

§ 56-575.18. Auditor of Public Accounts

The Auditor of Public Accounts shall periodically review interim and comprehensive agreements entered into

pursuant to this chapter to ensure compliance with the provisions of this chapter. Copies of the agreements and

supporting documents must be electronically filed with the Auditor of Public Accounts. Electronic agreements

shall be made available in the online database maintained pursuant to § 30-133.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-A-2

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Lori W. Bridi

SUBJECT: ADMINISTRATION OF FEDERAL PROGRAMS

INTRODUCTION:

Federal programs require the signature of an authorized agent to process and administer the applications

and transactions.

BACKGROUND INFORMATION:

Federal regulations mandate that the local governing body approve on an annual basis, the applications

and administration of all federal programs.

A statement of authorization is as follows:

“The School Board of the City of Fredericksburg authorizes the Superintendent to process and administer

applications and transactions concerning the federal programs listed below:

Title I, Part A - Improving Basic Programs

P.L. 95-568 - Pre-school Economically Deprived (Head Start)

P.L. 94-142 - The Education of All Handicapped Children Act

P.L. 93-112 - The Rehabilitation Act

Title II, Part A - Teacher Quality

Title III, Part A - Language Instruction for Limited English Proficient and Immigrant Students

Other federal programs adopted by the School Board during the 2015-2016 school year.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board approve the statement of authorization specified

above for the processing and administration of approved federal programs.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-1

AGENDA:

Consent

Action R.C.

Information

STAFF CONTACT PERSON: Jonathan D. Russ

SUBJECT: PERSONNEL LISTS

INTRODUCTION:

The selection and assignment of personnel are important responsibilities of the Superintendent and School

Board. At its regular meeting on May 11, 2015, the School Board approved personnel lists for certificated

personnel. The Superintendent is submitting recommendations for other personnel assignments in accordance

with School Board Policy GDI (copy attached).

BACKGROUND INFORMATION:

The Superintendent and Director of Human Resources have had several discussions with administrators and

immediate supervisors and received their recommendations concerning classified personnel for the 2015-2016

school year. In the best judgment of the administrative staff, the recommendations for appointment and

reappointment are sound and appropriate.

The personnel lists that are attached have been divided by categories and are color-coded. Included are the

following:

White - Schedule 1 - Employment Recommendations, Extra Duty Recommendation for 2014-

2015, Contract Adjustment, Resignation Recommendations, Retirement

Recommendation, Reduction in Force, and Non-Renewal Recommendations

Blue - Schedule 2 - Administrative Staff

Ivory - Schedule 3 - Pupil Personnel Services

Lilac - Schedule 4 - Division Wide/Central Office/School Secretaries/Bookkeepers

Pink - Schedule 5 - Clerical Assistants

Purple - Schedule 6 - Instructional Paraprofessionals

Hot Blue - Schedule 7 - Maintenance Personnel

Buff - Schedule 8 - Custodial Personnel,

Green - Schedule 9 - School Nurses

Goldenrod - Schedule 10 - Transportation Personnel

Salmon - Schedule 11 - GED Facilitator

Canary - Schedule 12 - Cafeteria Personnel

Hot Green - Schedule 13 - Cafeteria Assistants

Hot Pink - Schedule 14 - Head Start

Orchid - Schedule 15 - Summer Teacher Assistants for 2014-2015

Hot Yellow- Schedule 16 - Substitute Teacher Recommendation for 2014-2015

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-1

AGENDA:

Consent

Action R.C.

Information

STAFF CONTACT PERSON: Jonathan D. Russ

SUBJECT: PERSONNEL LISTS (Page 2)

In cases where salary schedules have been established and approved by the School Board, the employee’s

location on the salary scale and the salary for 2015-2016 have been listed. For example, IP-0 - $22,341 means

that the employee is on Step 0 of the Instructional Paraprofessional Salary Scale at the listed salary. If no salary

scale exists, the salary or wage for the employee is listed.

RATIONALE FOR RECOMMENDATION:

According to Fredericksburg City Public School Board Policy, it is the responsibility of the Board to make

appointments and reappointments of all employees upon the recommendation of the Superintendent.

SUPERINTENDENT'S RECOMMENDATION:

The Superintendent recommends that the personnel lists on the attached schedules be approved.

ATTACHMENTS: Schedules 1-16

Personal Data Forms (7)

Resignation Letters (7)

Retirement Letters (1)

RIF Letter (1)

Non-Renewal Letters (4)

Policy GDI: Support Staff Assignments and Transfers

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-2

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT –

ACCEPTANCE OF UNSOLICITED PROPOSAL FOR ORIGINAL WALKER-GRANT SCHOOL

RENOVATION

INTRODUCTION AND BACKGROUND INFORMATION:

An unsolicited proposal for the renovation of Original Walker-Grant School has been received from

FirstChoice Public-Private Partners, LLC. The proposal has been submitted in response to Fredericksburg City

Public Schools’ need to renovate and modernize the Original Walker-Grant School to accommodate the current

Head Start early childhood education program, the Early Childhood Special Education program and to consolidate

the School Board functions into one facility.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board accept for review the unsolicited conceptual

phase proposal in regard to the renovation of Original Walker-Grant School which has been submitted by

FirstChoice Public-Private Partners, LLC.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-3

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT - PROPOSAL

FOR ORIGINAL WALKER-GRANT RENOVATION – PROPRIETARY INFORMATION

INTRODUCTION AND BACKGROUND INFORMATION:

An unsolicited proposal for the renovation of Original Walker-Grant School has been received from

FirstChoice Public-Private Partners, LLC. The proposal has been submitted in response to Fredericksburg City

Public Schools’ need to renovate and modernize the Original Walker-Grant School to accommodate the current

Head Start early childhood education program, the Early Childhood Special Education program and to consolidate

the School Board functions into one facility.

Pursuant to Section II (D)(2) of the Fredericksburg City Public School Board "Guidelines for

Implementation of the Public-Private Educational Facilities and Infrastructure Act of 2002," the School Board

hereby withholds from disclosure Volume II: Technical Proposal, submitted by FirstChoice Public Private

Partners, LLC (FirstChoice). The School Board is withholding Volume II in its entirety (11 pgs.) at the request of

FirstChoice, because it determines in accordance with Virginia Code Section 2.2-3705.6, that Volume II contains

trade secrets of FirstChoice and other information, where if made public prior to the execution of an interim or

comprehensive agreement the financial interest or bargaining position of FirstChoice would be adversely affected.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board approve the written determination as stated above

in reference to withholding from disclosure Volume II: Technical Proposal, submitted by FirstChoice Public

Privat Partners.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-4

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT - PROPOSAL

FOR ORIGINAL WALKER-GRANT RENOVATION – COMPETITIVE NEGOTIATION

INTRODUCTION AND BACKGROUND INFORMATION:

An unsolicited proposal for the renovation of Original Walker-Grant School has been received from

FirstChoice Public-Private Partners, LLC. The proposal has been submitted in response to Fredericksburg City

Public Schools’ need to renovate and modernize the Original Walker-Grant School to accommodate the current

Head Start early childhood education program, the Early Childhood Special Education program and to consolidate

the School Board functions into one facility.

Pursuant to Section IV (C)(2)(b) of the Fredericksburg City Public School Board "Guidelines for

Implementation of the Public-Private Educational Facilities and Infrastructure Act of 2002," the School Board

determines that it will proceed with competitive negotiation as that term is defined and described in §§ 2.2-4301

and 2.2-4302.2. The School Board determines that the use of competitive negotiation is likely to be advantageous

based upon the probable scope and complexity of the needs associated with the services required for the design

and construction of renovations to the Original Walker-Grant School.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board approve the use of competitive negotiation as

described above and which has been determined as likely to be advantageous based upon the probable scope and

complexity of the needs associated with the services required for the design and construction of renovations to the

Original Walker-Grant School.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-5

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: APPOINTMENT OF SCHOOL BOARD REPRESENTATIVE TO THE RECREATION

COMMISSION

INTRODUCTION AND BACKGROUND INFORMATION:

In November, 1999, the Fredericksburg City Council amended the City Code concerning the composition of

the Recreation Commission. One of the nine members of the Commission shall be nominated by the School

Board to serve as a representative of the City school system. At the December 6, 1999 meeting, the School Board

nominated Mrs. Patricia Green to serve as its representative on the Recreation Commission. Following that

nomination, Mrs. Green was appointed by City Council to the City’s Recreation Commission for a four year term

and subsequently appointed for another four year term which officially expired June 30, 2007. However, Mrs.

Green continued her representation of the School Board during the 2007-08 fiscal year. On July 7, 2008, the

School Board appointed Mrs. Barbara Miller-Richards to assume the position as the Board’s representative for the

term of July 2008 through June 30, 2011. On July 11, 2011, the School Board appointed Ms. Malvina Rollins

Kay to serve as the school representative on the Recreation Commission for the period of July 1, 2011 through

June 30, 2015. Due to scheduling problems, Ms. Kay was unable to complete the term and the School Board

appointed Dr. John B. Gordon, III, Director of Administrative Services, to complete the unexpired term ending

June 30, 2015.

At this time, the Superintendent intends to recommend the reappointment of Dr. John B. Gordon, III,

Director of Administrative Services, to a four-year term on the Recreation Commission beginning July 1, 2015

and ending June 30, 2019 and that this information be forwarded to City Council for their action.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the School Board appoint Dr. John B. Gordon, III to a four-year term

on the Recreation Commission beginning July 1, 2015 and ending June 30, 2019. The Superintendent further

recommends that this nomination be forwarded to City Council for action at their next regular meeting.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-6

AGENDA:

Consent X

Action X

Information X

STAFF CONTACT PERSON: Dr. David G. Melton and Mr. G. David Baker

SUBJECT: ADOPTION OF THE REVISED 2015-16 SCHOOL DIVISION OPERATING AND SPECIAL

REVENUE (GRANTS) BUDGET(S)

INTRODUCTION:

The Code of Virginia requires School Boards to adopt and send to their governing bodies a proposed

operating budget by April 1 of each year. In accordance with the Code, the School Board, on March 2, 2015,

approved the School Operating Budget in the amount of $41,177,218 and Special Revenue (grants)

Budget(s) in the amount of $4,990,569.98. These documents were forwarded to City Council.

Since the School Board approval on March 2, 2015, City Council has taken action on a reduced local

funding amount. With this revision, the proposed operating budget for 2015-16 includes total operating

expenditures of $41,127,218, which represents a 2.99% increase over the adopted 2014-15 operating budget.

The Special Revenue (grants) budget total for 2015-16 is $4,990,570.

At a regular meeting on May 12, 2015, City Council approved the School Operating Budget for

2015-16 in the amount of $41,127,218 and the Special Revenue (Grants) Budget(s) in the amount of

$4,990,570.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that the 2015-16 Operating and Special Grants Budget(s), be

adopted as revised and presented in the amounts of $41,127,218, and $4,990,570 respectively.

ATTACHMENT: DRAFTS - Final School Board Adopted 2015-16 Operating Budget and

Special Revenue (Grants) Budget(s)

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-B-7

AGENDA:

Consent X

Action X

Information X

STAFF CONTACT PERSON: Dr. David G. Melton and Dr. John B. Gordon III

SUBJECT: APPROVAL OF THE INTERNATIONAL BACCALAUREATE PROGRAM

INTRODUCTION:

In May 2014, Fredericksburg City Public Schools began the process to establish an International

Baccaluareate Programme in the school division. A timeline related to the process to this date is included

with this agenda item.

At this time, the Superintendent plans to recommend that Fredericksburg City Public Schools adopt

the International Baccalaureate Diploma program at James Monroe High School beginning in the 2016-2017

school year, and the Middle Years Program Partnership for Walker-Grant Middle School and James Monroe

High School beginning in the 2017-2018 school year.

SUPERINTENDENT’S RECOMMENDATION:

The Superintendent recommends that Fredericksburg City Public Schools adopt the International

Baccalaureate Diploma program at James Monroe High School beginning in the 2016-2017 school year, and

the Middle Years Program Partnership for Walker-Grant Middle School and James Monroe High School

beginning in the 2017-2018 school year.

ATTACHMENT: International Baccalaureate Programme Timeline

International Baccalaureate Programme

Important Information Update

As of April 2015, Fredericksburg City Public School teachers and administrators have

participated in several professional development workshops, school visitations, and have met

with the IB consultant since the summer of 2014. Listed below is a timeline of professional

development and school visitations:

May 2014

1) May 2, 2014-Dr. Gordon and Mrs. Catlett visited Mountain View High School in

Stafford to discuss the application process, promotions, and master schedule implications

for bringing the International Baccalaureate Program to Fredericksburg City Public

Schools.

2) May 12, 2014-Dr. Gordon provided a brief overview of the IB Programme to the FCPS

School Board at the monthly meeting.

3) May 22, 2014-Dr. Gordon, Dr. Thomas, and Mrs. Catlett visited Meadowbrook High

School in Chesterfield County, Virginia in order to discuss the Pre-IB process (now

known as the Middle Years Program), visited IB classrooms, and met with students and

teachers who detailed their experiences in the IB program.

4) May 28, 2014-Dr. Gordon, Dr. Thomas, Dr. Wyatt, and Mrs. Catlett visited Moody

Middle School and Henrico High School in Henrico County, Virginia in order to discuss

the transition between the Middle Years Programme and the Diploma Programme. We

also received literature on student coursework, the application process, and the timeline

for MYP and DP.

June 2014

1) June 4, 2014-Dr. Gordon, Dr. Thomas, Dr. Wyatt, Dr. Rachal, Dr. Melton, and Mrs.

Catlett visited both J.R. Tucker High School and Tuckahoe Middle School in Henrico

County Virginia in in order to discuss the transition between the Middle Years

Programme and the Diploma Programme. We also received literature on student

coursework, the application process, and the timeline for MYP and DP.

July 2014

1) Dr. Rachal, Mrs. Catlett, and Mr. Snyder attended the IB Conference of Americas in

Washington D.C. This conference served as a celebration of the outstanding work that IB

World Schools had completed for the 2013-2014 school year. It also served as an

introduction from the global level of the importance of bringing the IB programme to

school divisions.

September 2014

1) Consultation phone call with Mrs. Beth Groneman, IB Consult who is assigned to James

Monroe High School. This phone call reviewed our application and established a date for

her consultation visit.

October 2014

1) October 12-15, 2014-Dr. Gordon, Dr. Rachal, Mr. Snyder, and Mrs. Stinchcomb

participated in IB Category I training at Rice University for the Diploma Programme and

James Monroe High School.

2) October 31st-November 4

th, 2014-Dr. Gordon, Dr. Melton, Dr. Wyatt, and Dr. Thomas

participated in IB Category I training in Miami, Florida for the MYP Programme at

Walker-Grant Middle School.

January 2015

1) January 25, 2015-Consultation visit from Mrs. Beth Groneman, IB Consult. Mrs.

Groneman met with Dr. Gordon, Dr. Rachal, Mr. Snyder, school counseling department

and all teachers and staff that will be associated with IB programme. She also toured the

facility to ensure that JMHS had necessary labs, physical space, and technology to

support the IB programme.

February 2015

1) February 2, 2015-Mr. Snyder and Dr. Gordon provide an updated overview of the IB

programme and timeline for the FCPS School Board.

2) February 4, 2015-Rescheduled 2nd

day of Consultation visit from Mrs. Beth Groneman,

IB Consult, due to inclement weather in January. Mrs. Groneman met with Dr. Gordon,

Dr. Rachal, Mr. Snyder, school counseling department and all teachers and staff that will

be associated with IB programme. She also toured the facility to ensure that JMHS had

necessary labs, physical space, and technology to support the IB programme.

3) February 23rd

-March 13th, 2015-JMHS Teachers and Staff visited Mountain View High

School to meet with Mountain View Teachers, Staff and Students, and observe IB

classrooms and instructional methods.

March 2015

1) March 7th

-10th and 11

th-14

th-teacher training for Language and Literature, World

Languages, Theory of Knowledge, Extended Essay, Mathematics and Science completed

by Mr. Robinson, Mrs. Orgeron, Mr. Snyder, Mrs. Cobey,Mrs. Langdon, Mr. Schwartz,

and Mrs. Radolinski.

2) March 11, 2015-information session at JMHS for current 9th graders at James Monroe

High School. Mr. Snyder led the session with support from Dr. Rachal and Dr. Gordon.

3) March 17, 2015-Transition night at James Monroe High school with condensed version

of the March 11, 2015 presentation from Mr. Snyder.

4) March 23, 2015-information session at WMGS for current 8th graders at Walker-Grant

Middle School. Mr. Snyder led the session with support from Dr. Wyatt, Dr. Rachal, and

Dr. Gordon.

April 2015

1) April 24, 2015-Dr. Gordon, Dr. Wyatt, Mrs. Click, Mrs. Webster, Mrs. Dixon, Mr.

Ventura, Mrs. Slominski, and Mrs. Overton for an IB MYP visit to Lucille Brown Middle

School in Richmond, Virginia for WGMS MYP Programme.

2) April 29, 2015- Dr. Gordon, Dr. Wyatt, Dr. Duffy, Mrs. Click, Mrs. Webster, Mrs.

Dixon, Mr. Ventura, Mrs. Slominski, and Mrs. Overton for an IB MYP visit to Fairfield

Middle School in Henrico County, Virginia for WGMS MYP Programme.

May 2015

May 11, 2015-visitors from J.R. Tucker High School including Ms. Amanda Hester-Assistant

Principal, Mr. Aaron Greenberg-11th

grade IB Student, and Miss Tanvi Kohli-11t grade IB

student spoke at the May School Board Meeting about their IB experiences. Topics included

participating in extra-curricular activities, creation of the master schedule, and the possibility of

taking both IB and A.P. classes while being in the IB programme.

June 2015

1) June 16th

-19th

, and 22nd

-25th- Mr. Gordon (World Languages), Mrs. Rackley (History of

the Americas), Mr. Lovegrove (Arts), Mr. Mallory (Arts), Mr. Wright( Arts), Mrs. Cobey

(Media) will participate in Category I training in Florida, New Mexico, and Georgia.

July 2015

1) July 6th

-9th, 2015-Dr. Gordon, Dr. Rachal, and several JMHS teachers will participate in

Category II Diploma Programme Training in Atlanta Georgia.

2) July 28th

-August 1st, 2015-Dr. Gordon, Dr. Wyatt, Dr. Rachal and several WGMS

teachers will participate in Category II Middle Years Programme Training in Austin,

Texas.

Additional training for staff at both WGMS and JMHS has been targeted for October 2015. Both

James Monroe High School and Walker-Grant Middle School will be expecting the decision for

candidacy for the Middle Years Programme by June of 2015.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: May 11, 2015 AGENDA ITEM NO. VIII-D-1

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. Harry Thomas

SUBJECT: INSTRUCTIONAL PRESENTATION – EFFECTIVE SCHOOLS UPDATE – WALKER-GRANT

MIDDLE SCHOOL AND JAMES MONROE HIGH SCHOOL

INTRODUCTION:

Dr. Melanie Kay-Wyatt and Dr. Taneshia Rachal will provide the School Board with an update

on the Effective Schools models at Walker-Grant Middle School and James Monroe High School. The

principals will brief Board members on correlate initiatives undertaken for the 2014-2015 school year.

SCHOOL BOARD AGENDA ITEM

MEETING DATE: June 1, 2015 AGENDA ITEM NO. VIII-D-3

AGENDA:

Consent

Action

Information

STAFF CONTACT PERSON: Dr. David G. Melton

SUBJECT: EMPLOYEE INCENTIVE AWARD - SELECTION COMMITTEE

INTRODUCTION AND BACKGROUND INFORMATION:

For several years, Fredericksburg City Public Schools has conducted an employee recognition

program known as the Employee Incentive Awards. Staff members are given an opportunity near the end of

the school year to nominate their peers for the Employee Incentive Awards. Winners are then selected from

these peer nominations with one teacher selected from Hugh Mercer, one from Lafayette, one from Walker-

Grant, one from James Monroe, and one from Original Walker-Grant.

A few years ago the number of awards for support staff members was expanded in order to recognize

one individual from each category of employees. Categories include custodial staff, food service staff,

instructional paraprofessionals, maintenance staff, secretarial/clerical staff, and transportation.

The Selection Committee is made up of the Superintendent, one School Board member, and one or

more Central Office administrators. Winners of the incentive awards are announced at the convocation in

August.

At the meeting on Monday evening, the Superintendent would like to seek a volunteer from the School

Board to serve on the Selection Committee for the Employee Incentive Awards.