August 10, 2020; Board Resolution, Policy Waiver; Covid 19

BOARD RESOLUTION

A regular  meeting of the Board of Education (the “Board”) was held in the Community Room at Pittsford Area Schools within the boundaries of the District, on the 10th day of August, 2020, at 7:00 o’clock in the p.m.

The meeting was called to order by Robert Clarke, President.

Present:     Members Stacie Clark, Sandi Fish, Amy Hinkley, Robert Clarke, Matt Richards, Erin Cole

Absent:      Members Nathan Wickard

The following preamble and resolution were offered by Member Robert Clarke and supported by Member Sandi Fish.

WHEREAS,

  1. The COVID-19 pandemic has resulted in unprecedented and rapidly-changing District operational and educational issues, including but not limited to provision of educational services by alternative modes of instruction, and otherwise maintaining compliance with the Governor’s Executive Orders.

  2. Providing services and conducting operational functions requires flexible, timely responses to changing legal and regulatory guidance and public health conditions, which at times cannot reasonably be implemented under existing Board policy or administrative guidelines.

  3. Where not mandated by applicable law, administrative rule, or regulation (“Applicable Law”), Board policies are general principles that guide the Board and District employees in managing the District’s public affairs.

  4. Current circumstances require that Board policies and underlying administrative guidelines be waived or suspended as permitted by Applicable Law and contract, where necessary for compliance with the District’s COVID-19 Preparedness and Response Plan (“Preparedness Plan”) and to ensure proper and effective District administration during the COVID-19 pandemic and any applicable Executive Orders.

  5. The Board further desires to temporarily amend its Board policies to comply with the provisions of its Preparedness Plan and Executive Orders 2020-142, 154, 160, 161, 162 and any applicable successor orders.

NOW, THEREFORE, BE IT RESOLVED THAT:

  1. As permitted by contract and Applicable Law, all Board policies, administrative guidelines, and handbook provisions that conflict with COVID-19-related public health directives, Executive Orders and Directives, and the District’s Preparedness Plan are temporarily suspended. The suspension will continue, unless modified or rescinded by Board action, during the pendency of those orders, directives, and Plan, and for a reasonable time thereafter, as permitted by contract and Applicable Law, to permit the District to return to normal operations.

  2. The Superintendent is encouraged and authorized to consult with District legal counsel to seek guidance regarding the legality of specific waivers of Board policy, administrative guidelines, or handbook provisions.

  3. The Superintendent shall immediately advise the Board President of any concern made known to the Superintendent about an implemented policy or guideline suspension, and shall discuss the concern with the Board at its next public meeting.

  4. The Superintendent or designee is directed to post a copy of this resolution on the District’s website, where Board policies and guidelines are posted, and at other locations as the Superintendent sees fit.

  5. The Superintendent shall rescind any waivers or suspensions when determined no longer required to permit lawful, efficient District operations.

  6. The Board directs the Superintendent to ensure that any applicable federal, state, or local requirements for screening and regulating through mitigation measures and any similar measures contained in the Preparedness Plan are followed and adequately documented.

  7. The Board directs the Superintendent or designee to amend all student and staff handbooks as necessary to implement the District’s Preparedness Plan. To the extent that policy or practice requires the Board to approve those amended handbooks, that requirement is temporarily suspended.

  8. All Board policies, administrative guidelines, bylaws, and resolutions and parts thereof, insofar as they conflict with the provisions of this resolution or preclude its full implementation, are hereby rescinded for the time period necessary for adoption of this Resolution and during all times that this Resolution remains in effect.

Ayes:         Members Stacie Clark, Sandi Fish, Amy Hinkley, Robert Clarke, Matt Richards, Erin Cole                              

Nays:         Members None

Resolution declared adopted.

Erin Cole____________________________

Secretary, Board of Education 

The undersigned duly qualified and acting Secretary of the Board of Education of Pittsford Area Schools, certifies that the foregoing constitutes a true and complete copy of a resolution adopted by the Board at a regular meeting held on August 10, 2020, the original of which is part of the Board’s minutes. The undersigned further certifies that notice of the meeting was given to the public pursuant to the provisions of the “Open Meetings Act” (Act 267, Public Acts of Michigan, 1976, as amended). 

Erin Cole____________________________

Secretary, Board of Education