EXECUTIVE LIMITATION 1.8 –

COMMUNICATION WITH AND SUPPORT OF THE BOARD

To: Board of Education

From: Superintendent – Douglas County School Dist

rict Re. 1 (DCSD)

Re: Internal Monitoring Report for the period Apri

l 1, 2008 through March 31,

2009 — Executive Limitation 1.8: Communication with

and Support of the

Board

I hereby present my monitoring report on Executive

Limitation 1.8 in accordance with the

monitoring schedule as set forth in board policy. I

certify the information in this report is

true.

Signed __________________________________ Date: A

pril 27, 2009

Superintendent – DCSD

EL 1.8

Communication with and Support of the Board

The Superintendent shall not cause or allow the Boa

rd to be

uninformed

unsupported

its work.

Interpretation:

“Uninformed” means failure to provide relevant fact

s and

answer requests for information to help the Board m

ake a decision.

“Unsupported,” means failure to, through the use of

District personnel,

resources and relationships, willingly help the Boa

rd complete their

responsibilities. “Its work” is the Board’s job def

ined in Governance Process

and Board/Superintendent Linkage Policies.

The Superintendent will help the Board with Ends wo

rk and to develop

governance capability.

I report compliance.

Accordingly, the Superintendent shall not:

EL 1.8.1 Fail to adequately plan for short and lon

g-term capital or facility needs in a s

manner that does not align with the bond cycle.

Interpretation:

I interpret

“short and long term capital or facility”

as capital

programs, including those short term and remodeling

projects and long term

facility construction included in the bond.

REPORT

Data

•

The

multi-year

capital facilities plan was developed July 2008 by

the

Long Range Planning Committee. The LRPC, a Board of

Education

committee, developed the multi-year capital facilit ies plan for the

Board of Education. A report opportunity is provide

d at each Board

meeting for the Board liaison to LRPC.

•

The Board of Education asked the Long Range Plannin

g Committee to

provide feedback to the potential 2008 bond project

list. Presentation

of general comments and questions gathered from LRP

C members at

a special meeting held on May 21, 2008.

•

Currently, 13 capital improvement projects are in v

arious stages and

are scheduled for completion by 2010 and aligned to

the 2006 bond

cycle.

•

Construction updates were provided to the Board in

May 2008,

September 2008, November 2008, December 2008, Janua

ry 2009,

February 2009 and March 2009.

•

Presentations on real estate matters available in e

xecutive sessions

on 04/15/08, 05/06/08, 08/20/08, 07/15/08, 08/05/08

, 08/19/08,

09/02/08, 09/16/08, 10/07/08, 10/21/08, 11/04/08, 1

1/18/08,

12/02/08, 03/17/09.

I report compliance.

EL 1.8.2 Fail to report in a timely manner an actua

l or anticipated noncompliance with m

any policy of the Board.

Interpretation:

Designated staff members will regularly review Boar

d Ends

and Executive Limitations and inform the Superinten

dent of anticipated or

actual violations of policy in segments of time ali

gned with the Board

Dissemination. “Actual noncompliance” means that a

policy has not been

followed or that an action has caused the policy to

be violated. “Anticipated

noncompliance,” means that a strong likelihood exis

ts that a proposed or t

existing practice will violate a policy if the prac

tice is initiated or continues for

a period of time and will such timeliness will be r

eported upon awareness.

REPORT

Data

Executive Limitation 1.5 Financial Planning and Bud

geting states that:

“Financial Planning may not deviate materially from

the Board’s Ends

priorities, risk financial jeopardy or fail to be d

erived from a plan

projecting at least five years.” This has been int

erpreted in part that the

District will maintain an ending fund balance great

er than or equal to 5%

of the budgeted revenues in its General, Capital an

d Insurance Reserve

Funds.

The Board of Education has been advised that as the

current fiscal crisis

continues, the FY 2008-2009 Projected General Fund

Ending Fund Balance 0

of 5% is in jeopardy, both for the current year and

in a five year

projection. The Board received updates on financia

l matters concerning

the likelihood of the 08-09 as well as future years

ending fund balances

falling below the Board’s 5% minimum amount, but wi

thin the 3% TABOR

requirement. Presentations were given to the Board

of Education on the

following dates depicting the concern of the 5% Gen

eral Fund Balance: c

December 16, 2008, January 20, 2009, February 17, 2

009, March 3,

2009, April 3, 2009 and April 21, 2009.

The concern of fund balances below the 5% Board req

uired level was also a

part of the discussion concerning the 2007-08 prese

ntation of the

Comprehensive Annual Financial Report (CAFR) on Dec

ember 16, 2008.

Failure to meet the 5% Ending Fund Balance for the

General Fund for FY

2008-2009 will be non-compliant with E.L. 1.5.

Additionally, the Board has been advised that begin

ning with the 2012-13

year, the ending fund balance for that year and the

next is expected to be

negative, given the current projections for revenue

s and expenditures.

This advisement has occurred in conjunction with th

e presentation of the

forecast model.

I report compliance.

EL 1.8.3 Fail to advise the Board if, in the Super

intendent’s opinion, the board, its

committees, or its liaisons are not in compliance w

ith its own policies on

Governance Process and Board Superintendent Linkage .

Interpretation:

The Superintendent shall notify the Board if the Bo

ard or

any individual Board member’s actions are inconsist

ent with the Board’s own

means policies, especially if such actions undermin

e the Board/CEO

relationship.

REPORT

Data

•

No report of violation

I report compliance.

EL 1.8.4

Neglect to submit monitoring data required by the B

oard in a timely, accurate

and understandable fashion, directly addressing pro

visions of Board policy

being monitored.

REPORT

Data

Board informed through 9 monitoring reports:

•

EL 1.0 General Executive Constraint-11/18/08

•

EL 1.1 Treatment of Students, Parents, Public

and Community-10/21/08

•

EL 1.2 Treatment of Faculty & Staff-10/21/08

•

EL 1.3 Emergency Succession-03/17/09

•

EL 1.4 Comp/Benefits/Employment-01/20/09

•

EL 1.5 Financial Planning & Budgeting-01/20/09

•

EL 1.6 Financial Management & Controls-01/20/09

•

EL 1.7 Protection of Assets-09/16/08

•

EL 1.8 Communication with & Support of the Board-04

/16/08

b.6

Additional related progress reports or clarificatio

ns requested:l

•

ES 1.6 Wellbeing progress report-04/15/08

•

ES 1.1 Critical Thinking progress report-07/15/

•

ES 1.2 Ethical Principles-07/15/08

•

ES 1.3 Continue Learning-07/15/08

•

ES 1.4 Apply Knowledge-07/15/08

•

ES 1.5 Leadership Skills -07/15

•

Direct Inspect Student Learning Goal 1 Responsible

Citizens

subend 1.1 – 9/08

•

Progress Report – Literacy 9/08

•

ES 1.7 Essential Skills-11/04/08

•

ES 1.8 Core Body of Knowledge-11/04/08

- ES 1.8.1 Science

- ES 1.8.2 Information Literacy

- ES 1.8.3 Social Studies

- ES 1.8.4 World Languages

- ES 1.8.5 Literature

- ES 1.8.6 Physical Education and Health

- ES 1.8.7 Personal Business and Finance

- ES 1.8.8 Math

•

Progress Report – 11/08

Career and Technical Education

College Ready

Advanced Placement

International Baccalaureate

•

Progress Report – 11/08

Accreditation

School Walkthrough

Focus Groups

Demonstration Sites

Student Demonstration of Learning

•

ES 1.9 Exposure to the Fine Arts-1/15/09

•

ES 1.10 Beyond Liberal Arts-1/15/09

•

Progress Report on Student Leadership – 02/03/09

•

Progress Reports – 03/03/09

Colorado Growth Model

Remediation Data

PRA contract renewal

2006 override discussion

•

Progress Reports – 03/17/09

NRA contract revision

Student Leadership current state

Board supported in End work not related to monitori

•

Retreats in May 2008 and October 2008.

I report compliance.

EL 1.8.5 Let the Board be unaware of significant in

cidental information, such as

student performance data, graduation rates, anticip

ated adverse media

coverage, threatened or pending lawsuits, results o

f District-wide polls or

surveys (financed by the District), anticipated bon

d refunding opportunities or

ratings changes, resolutions of significant grievan

ces or complaints, or

material external and internal changes. When feasib

le, the Board is to be n

notified of material internal changes in advance. b

Interpretation:

The Superintendent shall notify the Board of inform

ation

that will likely prevent the Board and Superintende

nt’s ability to pursue or

attain compliance of Board Policy. Where there is

likelihood that newspaper,

radio or television reports of occurrences in the D

istrict cast the District in a o

negative light, this would constitute “adverse medi

a coverage.” “Threatened

lawsuits” are interpreted as communication in writi

ng of intent to take action

in a court of law. “Pending lawsuits” are interpre

ted as claims against the

District, which have been filed and have not been r

esolved. “Material external

and internal changes” are conditions, such as demog

raphic trends, different

from the norm within the District or outside of the

District that would have a t

negative effect upon the accomplishment of the Boar

d’s policies, would violate

the Board’s operational limitations, or negatively

impact the Board’s ability to

meet Ends. “Feasible” is interpreted to mean, upon

the Superintendent’s

review, awareness of a condition that will negative

ly affect the ability to meet

Ends or Executive Limitations with sufficiently com

plete data to provide

accurate notice to the Board of the condition. The

Board will be informed of

such conditions within the District upon the Superi

ntendent’s awareness.

REPORT

Data

Board informed through 403 factual and informative

communications:

•

Media Coverage and potential media coverage is comm

unicated by

email. All media coverage - adverse, positive or ne

utral - is

provided monthly to the Board under Current Events.

DCSD is

responsive to local, regional and national media ou

tlets by

providing official statements, news releases, event advisories and

providing opportunities for media interviews. Of th

e total number

of stories covered during the reporting period, 53%

were labeled

“positive” exposure for DCSD, 13% “adverse,” and 34

% were v

labeled “neutral.” Neutral stories were primarily s

tatements of facts

regarding situations that neither paint DCSD in an

adverse nor

positive light. Additionally, “adverse” stories typ

ified stories about

bad news (student accidents or death, student or st

aff impropriety,

etc.).p

•

Filed claims or lawsuits

1 OCR claim

3 EEOC claims

2 Adverse rulings from CDE

•

Pending Lawsuits

2 Worker’s Comp lawsuits

1 General Liability lawsuit

2 Civil lawsuits

•

Material external changes

Douglas County Voting Centers hosted at DCSD high

schools - November 2008

Pat McGraw designated election observer for DCSD –

November 2008

Member of the board of the Juvenile Assessment Cent

from November 2008 to the present

Consulting with Health at Work for DCSD medical

insurance from February 2009 to the present

Change of revenue projection

State mandated retirement increases and higher

abatements

•

Material internal changes

US Department of Education Grant for social studies

–

04/09/08

Key Communicator Network meetings – 07/23&24/08

and 01/8&9/09

Creation of eDCSD for SY 2008-2009

HOPE Charter school contract - 05/08

Delayed school grand opening at Clear Sky Elementar

y –

09/13/08

Staff & Community Stakeholder Feedback opportunity

reference to budget reduction – 01/09

$21MBudget Reduction – 04/08

$38M Budget Reduction including the elimination of

236

positions – 11/08

Graduation Requirement change approved – 02/17/09

Learning Services redesign notification – 03/25/09

•

Student Performance Data

CSAP results – 07/31/08

ACT information – 08/07/08

AYP data – 12/11/08

The One Report – 12/06/08

I report compliance.

EL 1.8.6 Fail to provide a mechanism for official B

oard, officer, or committee

communications.

Interpretation:

The Superintendent provides a communication vehicle

channel including but not limited to written or ora

l transmissions such as

email, fax, Board packets, Electronic School Board,

District portal and updates

for Board’s work.

REPORT

Data

Communications

•

368 through email

•

33 Week at a Glance communications

•

17 Agenda Planning Sessions or communicated with dr

aft

agenda

Board supported through Electronic School Board

•

23 packets posted to portal

Continued support for linkage

•

SAG feedback – 04/08 and 03/09

•

DAC oral and written communication – 12/16/08, 01/2

0/09 and

03/03/09

•

DAC forums held on 09/23/08 and 02/10/08

•

Community Engagement with Parker and Castle Rock To

Councils– 03/09

•

Yesterday, Today and Tomorrow

Presentations opportunities

in April and May 2008

•

91 Staff and Department meetings – August, Septembe

r and

October 2008

•

Douglas County Partnership liaison - monthly

•

Team Highlands Ranch liaison - monthly

I report compliance.

EL 1.8.7 Send letters or surveys or share communica

tions under the Board name or on

behalf of the Board prior to the Board’s review.

Interpretation:

The Board will approve in advance all information d

istributed

under the Board’s title.

REPORT

Data

Board approval or reviewed and signed by Board Pres

ident:

•

Responses to ordinary correspondence - ongoing

•

Recognition letters (plaques) - ongoing monthly

•

Adequate Yearly Progress letter to parents - Octobe

r 2008

•

Response letter to CDE in regards to FY07-08 Audit

and

Automated Date Exchange (ADE) Submission (April 200

I report compliance.

EL 1.8.8 Fail, when addressing official Board busin

ess, to deal with the Board as whole

except when fulfilling requests for information, or

responding to officers or

committees duly charged by the Board.

Interpretation:

The Board expects all information to be consistentl

y shared

with all members of the BOE when doing business of

the Board. Exceptions

are authorized under BOE policy and by responding t

o individual inquiries not

specific to Board business.

REPORT

Data

•

No violations of this policy have been reported by

staff or BOE members.

I report compliance

EL 1.8.9 Inadequately support the Board in its resp

onsibility to favorably impact

legislation. Accordingly, the Superintendent may no

t allow the Board,

legislators, or other governmental officials to be

unaware of potential

consequences to the District posed by pending legis

lation or regulation.

REPORT

Data

•

A 2008 Legislative session wrap up report was provi

ded by Carole

Murray – 06/17/08

•

Lobbyist, Jason Hopfer under contract for the perio

d covered by this

report.

•

Lobbyist, Erin Silver under contract since January

2008.

•

Weekly updates and tracking sheets on 5-8 bills pro

vided to the Board

by lobbyist, Jason Hopfer or his designee.

•

Legislative session monitoring to include the Schoo

l Finance

Committee, the Charter School Bill Education Commit

tee and the Joint

Budget Committee with a .5 FTE over the time period

covered in this

report.

•

Cabinet weekly review of proposed legislation

•

Senate testimony by Paul Balon on March 19, 2009

•

System Transformation Committee Work on 07/25/08, 0

9/01/08,

10/30/08, 11/21/08, 01/21/09, 02/04/09 and 03/18/09

•

Meetings with legislators held at DCSD facilities –

Lt Gov O’Brien visit

on 02/02/09

•

Meetings with David Casiano, mayor of Parker 06/24/

08 and 08/25/08

•

Testimony at with Castle Pines North Town Council i

n reference to land

development – 09/10/08

•

Meetings with League of Charter Schools, CASE and C

ASB – February

2009

•

Continued Policy Governance support with Jim Wiegel

for the period

covered by this report

I report compliance.