SOUTHERN DISTRICT OF NEW YORK - nylawyer.nylj.comnylawyer.nylj.com/adgifs/decisions15/063015maazel.pdf · this declaration in support of the Stipulation of Settlement, Settlement

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

T.E., et. al,

Plaintiffs,

v. PINE BUSH CENTRAL SCHOOL DISTRICT, et. al.,

Defendants.

Index No. 12-CV-2303 (KMK)(PED) DECLARATION OF ILANN M. MAAZEL IN SUPPORT OF PROPOSED ORDER OF COMPROMISE

ILANN M. MAAZEL declares, under penalty of perjury, pursuant to 28 U.S.C. § 1746,

that the following is true and correct:

1. I am a partner with Emery Celli Brinckerhoff & Abady LLP, which along with

Michael Meth Esq. and Public Justice, represent plaintiffs in the above-captioned action. I make

this declaration in support of the Stipulation of Settlement, Settlement Agreement and General

Release (the “Settlement Agreement”), Ex. A, and the proposed Order of Compromise, Ex. B.

Introduction

2. The Settlement Agreement and Order of Compromise seek to redress many years

of anti-Semitic harassment and bullying of five children in the Pine Bush Central School District.

After years of multi-faceted representation which included extensive investigations, substantial

litigation and protracted negotiations, the parties finally reached a settlement agreement with the

aid of a mediator in June 2015. The process was difficult. Defendants – the Pine Bush Central

School District (“District”), the Pine Bush Central School District Board of Education (“Board”),

former Superintendent Philip G. Steinberg, principal Steve Fisch, assistant principal Robert

Peters, and assistant principal Eric Winter – were represented by three separate law firms:

Case 7:12-cv-02303-KMK Document 149-1 Filed 06/29/15 Page 1 of 9

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Kaufman Borgeest & Ryan LLP, Thomas, Drohan, Waxman, Petigrow & Mayle LLP, and the

national law firm, Hogan Lovells US LLP. After the Complaint was filed on March 28, 2012,

the case proceeded through discovery, summary judgment, and was on the verge of a jury trial in

this Court, scheduled to begin July 13, 2015. For years, resolution of the dispute eluded the

parties and this litigation proceeded.

3. Finally, after a mediation that spanned over 30 hours over a three-day period, the

parties settled the case. The Settlement Agreement is sweeping and substantial. See Ex. A

(executed settlement agreement). The Settlement Agreement requires significant reform over a

three-year period, including new policies, teacher training, professional development, student

discipline, tracking, reporting and investigations of anti-Semitic incidents, a revamped Title VI

coordinator, all under the oversight of the federal government, and subject to the continuing

jurisdiction of this Court. The purpose of the required reforms is simple: to ensure that no

student in the District has to endure such horrific anti-Semitic or racist harassment ever again.

4. In addition, the settlement requires payment of $4.48 million to compensate for

the suffering of these children, as well as for attorneys’ fees and costs. Though a jury may well

have returned a greater verdict, we believe this is a fair and reasonable sum to settle the case.

5. Two of the five plaintiffs (T.E. and O.C.) are 17 years old; the remaining three

plaintiffs are now adults. T.E. and O.C. respectfully request that the Court approve the proposed

Order of Compromise. See Ex. B.

The Underlying Case

6. The factual circumstances underlying this lawsuit are set forth in the Amended

Complaint, Dkt. #25, and Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Partial


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Motion for Summary Judgment, Dkt. #70. In brief, five children suffered repeated, unspeakable

acts of anti-Semitic harassment in the Pine Bush school system for years: physical violence, coin

throwing, anti-Semitic slurs, Holocaust “jokes,” Hitler salutes, white power chants, swastikas

and other anti-Semitic graffiti on desks, lockers, yearbooks, schoolbooks, walls, and an

elementary school slide. As a result of this nightmare, these children suffered from, among other

things, social isolation, depression, and post-traumatic stress.

Legal Representation, Litigation, Mediation and Resolution

7. On March 28, 2012, represented by Michael Meth, Esq., these five plaintiffs filed

this federal civil rights lawsuit. Mr. Meth was later joined by co-counsel Public Justice, and

Emery Celli Brinckerhoff & Abady LLP (“ECBA”), who have proceeded as co-counsel jointly

representing plaintiffs through the present.

8. This was a hard-fought litigation with highly resistant defendants and a

substantial divide between the parties for many years. Defendants made a motion to dismiss,

which was largely denied. Plaintiffs filed an Amended Complaint. Discovery was substantial,

including production of over 8,300 pages of documents; and 18 depositions (including 15 party

depositions, 2 non-party depositions, and plaintiffs’ expert’s deposition), with deposition

transcripts running over 4,800 pages. Defendants then moved for partial summary judgment,

which was denied. Some defendants then appealed that ruling to the Second Circuit, an appeal

dismissed by a Second Circuit motions panel. The parties then filed a Pretrial Order, motions in

limine, and other pretrial filings. A jury trial was scheduled to begin July 13, 2015. In all,

plaintiffs’ counsel spent over 3,600 hours preparing and litigating this case.


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9. Only after discovery, the denial of summary judgment, the dismissal of the

Second Circuit appeal, and the scheduling of the trial date, did serious settlement discussions

begin. The parties mediated the case at JAMS over a period of three days in May and June. At

the conclusion, the parties settled the case, subject to the approval of the Board. On June 9,

2015, the Board, by a vote of 4 to 2, approved the Settlement. See Ex. C at 11. Lloyd Greer, Jr.,

Gretchen Meier, Cara Robertson, and James Starr voted in favor of reform; Eric Meier and

Roseanne Sullivan voted against reform. See id.

The Settlement

10. The Settlement is significant in multiple respects.

Reform/Injunctive Relief

11. Plaintiffs were determined to ensure that no one in the District would ever have to

suffer the same level of anti-Semitic harassment that they endured for years. The Settlement

Agreement requires significant reform. These reforms are set forth in Exhibit 1 to the Settlement

Agreement.

12. First, “the District agrees to make all necessary and appropriate revisions to its

harassment policies, appropriately and immediately respond to all conduct that may constitute

anti-Semitic harassment, ensure it fully investigates reported and observed conduct that may

constitute anti-Semitic harassment, escalate remedial efforts by instituting additional measures

when students are harassed on a repeated basis, and mitigate the effects of harassment that

occurs. The District will also take proactive measures to address anti-Semitic incidents and

issues in the school climate that have arisen or may arise from and/or contribute to a hostile

educational environment.” Ex. A (Settlement Agreement, Ex. 1 § I).


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13. Policies: The Settlement requires the District to reform all of its “policies

regarding discrimination, bullying and anti-harassment.” Among other things, the District must

adopt a “zero indifference” bullying policy; must “promptly and thoroughly investigate, address

and respond appropriately to harassment”; must “ promptly photograph and completely remove

all anti-Semitic graffiti located on any school property”; must impose “meaningful, consistent,

minimum consequences for all anti-Semitic and other forms of harassment,” including at

minimum “an age-appropriate detention and an educational component (essay, apology, etc.)”;

must “report and track all harassment incidents,” and keep “annual statistics of the total number

of anti-Semitic incidents occurring each school year, by school and grade”; and must send an

annual “letter to the parents of all District students explaining that bullying and harassment,

including anti-Semitic harassment, will not be tolerated in the District.” Id. at § II.

14. No Place for Hate Committee: Under the Settlement, the District will continue

its “No Place for Hate Committee,” created shortly after the New York Times reported on anti-

Semitism in the District, to continue and further develop annual plans to “promote diversity and

prevent bullying for all students within the seven schools of the Pine Bush Central School

District.” Id. at § III.

15. Anti-Bullying Curriculum for Students: The District will be required to

continue to implement a comprehensive diversity and anti-bullying curriculum, run by the Anti-

Defamation League, and created during the pendency of this case. The curriculum must be given

to all students. Id. at § IV.

16. Professional Development: The Settlement requires the District to “provide

mandatory professional development” on anti-harassment and bullying policies, including “how


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to recognize and report anti-Semitic graffiti, name-calling, insults, Holocaust ‘jokes,’ and other

forms of anti-Semitic harassment such as change-throwing”; and on “complaint and grievance

procedures and the procedures for reporting and investigating alleged bullying, discrimination

and harassment, including alleged anti-Semitic harassment.” The Settlement requires the District

to take action “for any District staff or teacher who does not follow the policies and procedures

set forth in Section II of this Settlement Agreement.” Id. at § V.

17. Reporting and Investigations: The Settlement requires every investigation of

anti-Semitic harassment to include interviews of the alleged victim(s), perpetrator(s), and all

witnesses, requires the gathering and preservation of any relevant physical evidence, requires the

District to “inform the victims of the results of the investigation, to offer counseling services, and

to inquire whether there has been new or additional harassment.” The District must also

“maintain clear records documenting the complaint, the investigation undertaken, and the results

of such investigation,” such that “the District can easily locate, review, and report on the total

number of anti-Semitic and other forms of harassment, as well as the outcome in such cases.” Id.

at § VI.

18. Title VI Coordinator: The Title VI Coordinator’s responsibilities must include

“investigation of any allegations covered by Title VI,” and the District must make the Title VI

Coordinator’s contact information known to all staff and parents. Id. at § VII.

19. Anti-Bullying Survey: For three years, beginning in 2015-16, “the District will

develop and administer an anonymous Anti-Bullying Survey for all students starting in 6th grade.

The District will ensure that the Survey includes specific questions about anti-Semitic

harassment.” The District will also “consult with the Anti-Defamation League, the Wiesenthal


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Center, or the Rockland County Holocaust Center for Education and Tolerance in developing the

Survey to determine its effectiveness in assessing the presence and impact of harassment at each

middle and high school in the District and in reviewing, analyzing and making recommendations

regarding necessary changes to the District’s policies and procedures.” Id. at § VIII.

20. Mental Health Needs of Students: The District must provide assistance to

“middle and high school students who are targets of harassment, including students who may be

at risk for mental health problems.” Id. at § X.

21. Oversight/Reporting: For three years, the Settlement requires the District to seek

technical assistance from the United States Department of Education Office for Civil Rights

(“OCR”) “regarding the policies and procedures, professional development, and curriculum set

forth in this Settlement Agreement. In consultation with OCR, the District will revise its

relevant policies and procedures, professional development, and curriculum in accordance with

the recommendations of OCR, unless otherwise prohibited by laws or collective bargaining

agreements.” In addition, the District must report to plaintiffs in July 2016 and July 2018

concerning their compliance with the Settlement Agreement. Id. at §§ IX, XI.

22. Ongoing Jurisdiction: For three years, this Court will retain jurisdiction to

enforce the terms of the Settlement Agreement.

Settlement Payment

23. The Settlement Agreement also requires payment of $4,480,000, designated as $3

million in compensatory damages, and $1.48 million for attorneys’ fees and costs. Settlement

Agreement ¶ 1. Under the terms of plaintiffs’ retainer agreement with counsel, counsel’s fee is

the greater of either (a) one-third of the total amount recovered, including any settlement and any


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attorneys’ fees awarded or paid pursuant to settlement (i.e., one-third of $4.48 million, or

$1,493,333), or (b) any attorneys’ fees separately awarded or paid pursuant to settlement (i.e.,

$1.48 million). In this case, fees are therefore $1,493,333. Under the retainer agreement, costs

are then deducted from the plaintiffs’ portion of the settlement. Costs in this case were $77,648.

See Ex. D (setting forth costs). Under the retainer agreement, the five plaintiffs therefore should

receive a total of $2,909,019 ($4,480,000 minus $1,493,333, which equals $2,986,667, minus

$77,648 for costs). Prior to settling, the five plaintiffs collectively agreed to split any settlement

amount equally. Thus T.E., O.C., and the other three plaintiffs should each receive $581,803.80

($2,909,019 divided by 5).

24. I have settled a number of cases involving minors in the Southern District. While

different judges have taken different approaches to infant compromise orders (for example, some

judges have required a trust, others have not), the most common approach has been for the parent

to create a trust, with the parent as trustee. Given that T.E. and O.C. are both 17, and would be

entitled to their portions of the settlement when they turn 18, the undersigned respectfully

submits that a trust should be created for T.E. with her mother (and plaintiff) S.E. as trustee, and

a separate trust be created for O.C. with her father (and plaintiff) D.C. as trustee.

25. As part of this submission, T.E.’s mother and O.C.’s father have each filed

declarations, attaching as exhibits the proposed trusts for T.E. and O.C.

26. We respectfully submit that the Settlement is fair and reasonable and should be

accepted in the best interests of T.E. and O.C. The Settlement is substantial and avoids further

litigation with the risk of a lower judgment or less substantial relief at trial or reduction of the

award on appeal.


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27. Directly or indirectly, counsel has not become concerned in the settlement at the

insistence of a party or person opposing, or with interest adverse to, T.E. or O.C.

28. In accordance with the retainer agreement between plaintiffs and counsel, the

attorneys’ diligent work on the case over a period of years, and the results achieved for the

clients, we submit to the Court for approval attorneys’ fees as follows: $1,493,333 is approved as

the attorneys’ fees of plaintiffs’ counsel, and disbursements of $77,648 are approved, which

together amount to a total payment of $1,570,981 to plaintiffs’ counsel.1

Conclusion

29. For all these reasons, plaintiffs respectfully request that the Court approve and

sign the proposed Order of Compromise attached as Exhibit B.

Dated: New York, New York June 29, 2015

_______________/s/________________ ILANN M. MAAZEL

1 The costs and attorneys’ fees are to be divided among Michael Meth, Public Justice, and ECBA pursuant to a separate co-counsel agreement.


Exhibit A














Exhibit 1


I. Introduction

The District will take action, in accordance with Title VI, its implementing regulations, and the United States Department of Education Office of Civil Rights (“OCR”) Guidance, to eliminate and prevent future instances of anti-Semitic harassment in its education programs and activities. To accomplish this, the District agrees to make all necessary and appropriate revisions to its harassment policies, appropriately and immediately respond to all conduct that may constitute anti-Semitic harassment, ensure it fully investigates reported and observed conduct that may constitute anti-Semitic harassment, escalate remedial efforts by instituting additional measures when students are harassed on a repeated basis, and mitigate the effects of harassment that occurs. The District will also take proactive measures to address anti-Semitic incidents and issues in the school climate that have arisen or may arise from and/or contribute to a hostile educational environment.

II. District Policies and Procedures

A. By January 1, 2016, the District will review and revise its policies regarding

discrimination, bullying and anti-harassment to ensure that the District’s polices cover anti-Semitic harassment. The policies to be reviewed will include: Policy 3420 – Non-discrimination and Anti-harassment Policy in School District; Policy 7552 – Bullying, Peer Abuse in the Schools and Policy 7554 – Dignity for All Students Act; and the District’s Code of Conduct. See Attachment A for current policies.

B. In reviewing its policies regarding discrimination, bullying and anti-harassment,

the District will ensure that the policies include the following:

1. specify that all harassment, including anti-Semitic harassment, is prohibited in the District;

2. include examples of the types of harassment prohibited by the District’s policies, including specific examples of prohibited anti-Semitic harassment;

3. include a zero indifference provision to address name-calling and bullying;

4. include a provision regarding the No Place for Hate Committee (See Section III);

5. require that District personnel promptly and thoroughly investigate, address

and respond appropriately to harassment incidents in accordance with Title VI, its implementing regulations, and OCR Guidance, whether reported, observed, or brought to the District personnel’s attention by any other means. (See Section VI);

6. require that District personnel promptly photograph and completely remove


all anti-Semitic graffiti located on any school property;

7. publicize to students and families the job description, contact information, including address, phone number and e-mail, for the District’s Title VI Coordinator (See Section VII);

8. notify the parent(s)/guardian(s) of the harassed student(s) and the harassing student(s) of all incidents of anti-Semitic harassment reported to or observed by District personnel in the middle schools and high school;

9. provide for the establishment and enforcement of meaningful, consistent, minimum consequences for all anti-Semitic and other forms of harassment and for consequences to increase in severity for repeated harassment, such that the minimum consequence is an age-appropriate detention and an educational component (essay, apology, etc.);

10. require that the District report and track all harassment incidents in accordance with VADIR and OCR/CRDC requirements;

11. provide that the District implement a system for reporting and maintaining

records of complaints, records of investigations and responses to allegations of harassment, including providing a code for anti-Semitic harassment, requiring that each act of anti-Semitic harassment be reported as such, and tracking and keeping annual statistics of the total number of anti-Semitic incidents occurring each school year, by school and grade;

12. require professional development regarding the policies listed in Section II;

and

13. provide, at the beginning of each school year, for the dissemination of a letter to the parents of all District students explaining that bullying and harassment, including anti-Semitic harassment, will not be tolerated in the District and explaining the applicable guidelines and minimum and maximum disciplinary consequences (up to and including long-term out of school suspension) for such conduct.

III. No Place for Hate Committee

A. Establishment of No Place for Hate Committee

During the 2013-14 school year, the District established the No Place for Hate Committee which continued to meet in the 2014-15 school year. The Committee will continue to operate for the 2015-16 school year and the No Place for Hate Committee or a similar committee will continue to operate in subsequent school years. The purpose of the No Place for Hate Committee is to assist the Pine Bush school community in developing: a deeper understanding


of how the District is addressing bias, discrimination, bullying, intimidation and harassment and the skills, knowledge and awareness regarding prejudice and bias that are necessary to promote and sustain a culture of understanding and respect among students, staff, parents and community in our school district.

B. Membership of No Place for Hate Committee

The District solicited membership for the No Place for Hate Committee from all of the buildings in the District and from the community. The Committee is led by the Superintendent or designee and is composed of a Board member, teachers and administrators from all schools in the District and a community member.

C. Development of Annual Plan

During the 2013-14 school year, the No Place for Hate Committee developed a plan to be implemented during the 2015-16 school year. See Attachment B. The plan is considered a “living document” that can be revised and updated during the 2015-16 school year and in subsequent school years. The plan has 3 key goals:

• Student Goal: “To develop a comprehensive, consistent and coordinated

student education plan that will promote diversity and prevent bullying for all students within the seven schools of the Pine Bush Central School District.”

• Staff/Teacher Goal: “To help all adults within the Pine Bush Central

School District community recognize bias and the harm it inflicts on individuals and society; explore the value of diversity; improve intergroup relations; and combat racism, anti-Semitism and all forms of prejudice and bigotry.”

• Pine Bush Central School District Community Goal: “To engage the

Pine Bush Central School District community in a collaborative approach to prepare our students to live and work successfully in a diverse society.”

D. Review of Implementation of Annual Plan

1. The No Place for Hate Committee shall review the implementation of the

plan annually and shall provide a written annual report to the Superintendent regarding the results of its review of the plan. The Superintendent shall provide the annual report to the Board in an open meeting.

2. Based on the annual review, the No Place for Hate Committee shall develop

a plan for the following school year.


IV. Curriculum

As explained in the annual plan, the District will continue to implement a curriculum for all students at the District level and at each school to promote diversity and prevent bullying, as set forth in Attachment C.

V. Professional Development

A. As required by the annual plan in Section III, the District will continue

to require professional development for all staff and teachers at the District level and at each school, as well as all students at each District school. See Attachment B.

B. The District will provide mandatory professional development on the

policies regarding harassment, discrimination or bullying provided in Section II of this Settlement Agreement. This shall include how to recognize and report anti-Semitic graffiti, name-calling, insults, Holocaust “jokes,” and other forms of anti-Semitic harassment such as change-throwing. It also shall include professional development regarding complaint and grievance procedures and the procedures for reporting and investigating alleged bullying, discrimination and harassment, including alleged anti-Semitic harassment. The District will take additional and appropriate action for any District staff or teacher who does not follow the policies and procedures set forth in Section II of this Settlement Agreement, including discipline and professional development, to the extent consistent with applicable laws and collective bargaining agreements.

C. Annually, the District will review the effectiveness of the

professional development plan, and based on this review, the District will revise its professional development plan if necessary, consistent with best practices, for all students, District employees, and others who regularly interact with students in the District (e.g., bus drivers, substitute teachers, and volunteers).

VI. Reporting and Investigations

Annually, the District will review and revise its complaint and grievance procedures and its procedures for reporting and investigating alleged bullying, discrimination and harassment, including alleged anti-Semitic harassment. In reviewing its procedures, the District will ensure that investigations include speaking privately with each of the students who are alleged to have been the victim(s) and perpetrator(s) of the harassment, interviewing other staff and students who may have witnessed the harassment, and gathering and preserving any relevant physical evidence (e.g. text messages, textbooks, photos of graffiti, etc.). In addition, the District shall ensure that the procedures require that, following the completion of any investigation, regardless


of the outcome, the District follows up with the alleged victims to inform the victims of the results of the investigation, to offer counseling services, and to inquire whether there has been new or additional harassment. Finally, the District’s procedures will require that the District maintain clear records documenting the complaint, the investigation undertaken, and the results of such investigation and that the District maintain records in such a way that the District can easily locate, review, and report on the total number of anti-Semitic and other forms of harassment, as well as the outcome in such cases.

VII. Title VI Coordinator

A. Role and Selection of Title VI Coordinator

The District will designate at least one employee to serve as its Title VI Coordinator and will prepare a job description that clearly describes the role and responsibilities. The Title VI Coordinator’s responsibilities will include investigation of any allegations covered by Title VI. The District will ensure that the Title VI Coordinator has appropriate qualifications, training, and professional development to carry out the role of the Title VI Coordinator.

B. Notice for staff, parents and students

The District shall disseminate the name, job description, and contact information for the person designated as the Title VI Coordinator through a variety of means so that students, Pine Bush staff and the Pine Bush community are aware of the person designated as the Title VI Coordinator.

VIII. Anti-Bullying Survey

Beginning in the 2015-16 school year and for the next three school years, the District will develop and administer an anonymous Anti-Bullying Survey (Survey”) for all students starting in 6th grade. The District will ensure that the Survey includes specific questions about anti-Semitic harassment, for example, whether students have heard anti-Semitic slurs, Holocaust “jokes,” the word “Jew” in a pejorative sense, or white power chants and whether students have seen Hitler salutes, people rolling or throwing pennies in conjunction with anti-Semitic epithets, or observed swastikas. A section of the Survey will include the opportunity to answer in narrative form with specific examples. The District will consult with the Anti-Defamation League (“ADL”), the Wiesenthal Center, or the Rockland County Holocaust Center for Education and Tolerance in developing the Survey to determine its effectiveness in assessing the presence and impact of harassment at each middle and high school in the District and in reviewing, analyzing and making recommendations regarding necessary changes to the District’s policies and procedures.

IX. Consultants/Partners and OCR

A. The District has established partnerships at the national and local levels to assist


with addressing harassment and bullying. These include the ADL, the Wiesenthal Center, and March for the Living, the Orange County Greater Jewish Foundation, Rockland County Holocaust Center for Education and Tolerance and the New York State Center for School Safety. The District shall continue to work with some or all of these consultants and partners.

B. For the duration of this settlement agreement, the District will consult with the

ADL, the Wiesenthal Center, or the Rockland County Holocaust Center for Education and Tolerance regarding implementation of this Settlement Agreement, including addressing, preventing and responding to anti-Semitic harassment in District schools. The District will be responsible for any costs associated with the retention of the consultants.

C. On an annual basis, for the duration of this Settlement Agreement, the District will seek technical assistance from OCR regarding the policies and procedures, professional development, and curriculum set forth in this Settlement Agreement. In consultation with OCR, the District will revise its relevant policies and procedures, professional development, and curriculum in accordance with the recommendations of OCR, unless otherwise prohibited by laws or collective bargaining agreements.

X. Mental Health Needs of Students The District agrees that a counselor or other professional qualified to assist students

with mental health concerns will be available to assist students who have mental health concerns as a result of or in connection with harassment or bullying. The District’s Mental Health Committee, in consultation with the ADL, the Wiesenthal Center, or the Rockland County Holocaust Center for Education and Tolerance, will review and assess current practices in the District with regard to assisting middle and high school students who are targets of harassment, including students who may be at risk for mental health problems that include, but are not limited to, depression, anxiety, cutting and other self-injurious behaviors, and/or suicidal ideation or suicide attempts. In consultation with the ADL, the Wiesenthal Center, or the Rockland County Holocaust Center for Education and Tolerance, the District’s Mental Health Committee will develop and implement a plan to effectively address, assist and respond to middle and high school students who are targets of harassment.

XI. Reporting to Plaintiffs In July 2016 and July 2018, defendants will report in writing to plaintiffs (c/o Emery

Celli) setting forth the steps they have taken to comply with this Exhibit 1 to the Settlement Agreement. The reports will be kept confidential.


Attachment A






2013 3420 5 of 5

Community Relations

SUBJECT: NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL

DISTRICT (Cont'd.) address any unresolved complaints and/or unsatisfactory prior determinations by the applicable Compliance Officer(s). Such regulations will be developed in accordance with federal and state law as well as any applicable collective bargaining agreement(s). The Superintendent/designee(s) will affirmatively discuss the topic of harassment with all employees and students, express the District's condemnation of such conduct, and explain the sanctions for such harassment. Appropriate training and/or "awareness" programs will be established for staff and students to help ensure knowledge of and familiarity with the issues pertaining to harassment in the schools, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for the investigation of harassment complaints. A copy of this policy and its accompanying regulations will be available upon request and may be posted at various locations in each school building. The District's policy and regulations on anti-harassment will be published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars. This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District. It is the intent of the District that all such policies and/or regulations be read consistently to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy. Age Discrimination in Employment Act, 29 USC Section 621 Americans With Disabilities Act, 42 USC Section 12101 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq. Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq. Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq. Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq. Civil Rights Law Section 40-c Civil Service Law Section 75-B Education Law Section 2801(1) Executive Law Section 290 et seq. Military Law Sections 242 and 243 NOTE: Refer also to Policies #6121 -- Sexual Harassment of District Personnel

#7551 -- Sexual Harassment of Students Adopted: 2011 Revised: 9/24/12; 10/8/13




















































Attachment B






Attachment C







































































Exhibit 2


JOINT STATEMENT OF THE PARTIES ON SETTLEMENT OF THE T.E. v. PINE BUSH CENTRAL SCHOOL DISTRICT ET AL LITIGATION

The Pine Bush Central School District and five former or current students today jointly announced the settlement of a federal civil rights action filed in March of 2012. After several years of investigation, the parties came together to reach a resolution based on a comprehensive plan to address anti-Semitic harassment allegations in the school system and the District’s commitment to continue its efforts at strengthening tolerance and anti-bullying initiatives.

Anti-Semitic harassment is wrong. The District will never condone anti-Semitic slurs or graffiti, Holocaust ‘jokes,’ or physical violence. No family should have to experience the hurt and pain that bullying and name-calling can cause children to endure because of their religious, national or cultural identity. In recent years, the District has undertaken a number of steps to supplement its anti-harassment and tolerance programs including working with the Anti-Defamation League to enhance its curriculum on tolerance. As part of the settlement, the District announced that it would further its initiatives to address anti-Semitism in the schools.

The District has committed to reforming its policies and procedures to improve monitoring, addressing and responding to anti-Semitic harassment. In addition, the District will continue to develop a thorough curriculum for students and faculty that promotes a better understanding of the roots of intolerance. The District will clarify the role and responsibility of the Title VI coordinator and work closely with families to ensure that affected students will receive appropriate supports.

Protecting its students from acts of bullying, harassment, intimidation and threats, is one of the School District’s highest priorities. With vigilant and consistent education and training, the School District can continue to provide students with a safe learning environment and the necessary tools to prepare them to be productive members of an increasingly global and diverse society.



UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

T.E., et. al.,

Plaintiffs,

v.

PINE BUSH CENTRAL SCHOOL DISTRICT, et. al.,

Defendants.

12-CV-2303 (KMK)(PED)

[PROPOSED] ORDER

WHEREAS, plaintiffs commenced the above-captioned action (the “Action”);

WHEREAS, all parties have reached an amicable settlement of the claims in the Action;

WHEREAS, the parties submitted to the Court for approval the Settlement and General

Release, attached as Exhibit A to the Declaration of Ilann M. Maazel dated June 29, 2015; and

WHEREAS, on June 30, 2015, the Honorable Kenneth M. Karas held a hearing and

determined that the best interests of the two infant plaintiffs will be served by the proposed

Settlement and General Release;

NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:

1. The Settlement and General Release, attached as Exhibit A to the Declaration of

Ilann M. Maazel dated June 29, 2015, is approved.

2. The proposed trusts for the infant plaintiffs T.E. and O.C. are approved.

3. Attorneys’ fees of $1,493,333 and disbursements of $77,648 are approved, which

together amount to a total payment of $1,570,981 to plaintiffs’ counsel.

Dated: White Plains, New York June __, 2015

SO ORDERED:

______________________________HON. KENNETH M. KARAS



Date: June 9, 2015 Kind of Meeting: Regular MeetingPine Bush High School

Members Present: Lloyd Greer, President Members Absent: NoneEric MeierGretchen MeierCara RobertsonJames StarrRoseanne Sullivan

Others Present: Joan M. Carbone, Superintendent of SchoolsDonna Geidel, Assistant Superintendent for InstructionMichael Pacella, Assistant Superintendent for BusinessDeborah A. June, District ClerkApproximately 131 residents/students/staff members

Call to Order

Motion to OpenRegular Session

BOE Adjourns toExecutive Session

BOE Returns toRegular Session

Opening words..

Student Recognitionof Winter and SpringStudent Athletes

Spring SportsVarsity Girls Softball

Varsity Girls Trackand Field

Varsity Baseball

The meeting of the Board of Education was opened by President Lloyd Greer, Jr. called themeeting to order at approximately, 5:55 PM, requesting a motion to proceed with the meeting.

MOVED by Trustee G. Meier, second by Trustee Starr that the Board of Education open theregular meeting.YES - 5 NO - 0 CARRIED (R.Sullivan arrived at approx 6:05 p.m.)

MOVED by Trustee G. Meier, second by Trustee Starr, that the Board of Education adjourn intoexecutive session for discussion regarding Ongoing litigation.YES - 5 NO - 0 CARRIED

MOVED by Trustee Starr, second by Trustee E.Meier the Board of Education return to regularsession at approximately 7:10 PM.YES - 6 NO - 0 CARRIED

The Board of Education returned to regular session and resumed the meeting at approximately7:10 p.m. Lloyd Greer, Jr. welcomed the audience to regular session followed by Pledge ofAllegiance with a moment of silence.

Student RecognitionRecognition of Winter and Spring Student AthletesThe Board of Education recognized our winter and spring student athletes as follows: ScholarAthletes, for their outstanding accomplishment of maintaining a grade point average of 90 andabove during our winter and spring athletic season, as well as “champion / qualifier” recognitionas noted.SPRING SPORTSVarsity Girls Softball: Scholar AthletesCoach: Mike Mancuso, Ass’t Coach: Jen Evans/Tony Mancuso

Gabriella AmelioMegan CescaAntonia CiccarelliAlexyss ConleySydney Hofmann

Tayler KingKatherine PariseNicole SchuesslerAlexis VegaMichaela VenezialiTaylor Veneziali

Varsity Girls Track and Field: Scholar AthletesCoach: Gerald Risco, Ass’t Coach: Rich Ormsby **NYS Track and Field Qualifier ***OCIAA Champion ****Section IX Champion

Hadiyah Abdur-RaheemRhiana Acuna-De LeonJamie AlexanderKrystal CarhartFaith CartisanoFrancesca CavarrettaJodi Collymore**Mariana GiraldoKaterina GroutkasAlexandra HeiligJillian KahrsSamantha LeonickDebrianna Lewis

Mallory MontanyaRebeccah NarainMadison OrcuttCarla PimentelGabrielle RathMarissa RiveraMegan RosaNatalie SalazarSarah Smith ** / *** / ****Meghan SuchyDanielle ThomasBreighanne Wild

Varsity Baseball: Scholar Athletes


Varsity Boys Trackand Field

Varsity GirlsLacrosse

Varsity BoysLacrosse

Varsity Golf

Winter SportsVarsity Boys IndoorTrack

Coach: Matthew Boffalo, Ass’t Coach: Glenn Taylor

Lenny BowenSavino CitrinitiJoseph ContiBrendan FrankMatthew Kozireski

Kieran LacovaraNicholas MoccioDevin MooreNicholas SkrobolaMatthew SorrentinoDerek Vega

Varsity Boys Track and Field : Scholar AthletesCoach: Al Schmidt, Ass’t Coaches: Jordan Coburn, Nick O’Brien, Bill Hart**NYS Track and Field Qualifier

Lorenzo Alverio Charles Bakleh Christopher Biondi** Thomas Cerniglia Bradley Demetriou Matthew Fenton Brendan Golding Chrisjohn GroutkasJames Koch William Lindau Zaafar Mahmood

Eric MahonCharles Nicosia Benjamin O’Flaherty Cameron Rocker Ioannis Rodrigues Ethan Rodriguez Jeremy Serrano Tyler Sullivan Christopher ThorpeNicholas Walls Thomas Weinert Paul Zwart

Varsity Girls Lacrosse: Scholar AthletesCoach: Kevin Blackwell, Ass’t Coach: Meghan Blackwell

Taylor CarilloKayla ClancyCourtney DeBeauvernetBrittany GageMckenna GrossAlexa Koppenal

Nicole LapinskiEmma MaggioloMackenzie MitchellCarlee ShermanNicole Shurter

Varsity Boys Lacrosse: Scholar AthletesCoaches: Mark Brennan, Ass’t Coach: Bill Bacon

Kyle BaconBrandon BocciaShaun BurgosNoah BushMichael McCaffrey

Division I Champions:Kyle BaconBrandon BocciaShaun BurgosNoah BushOwen DalyDavid DeGroodtSean DownesKimanio FrayCody GrossCollin HagertyCody HickeyAlexander JollieDevin KingAlexander Krug

Magnus RobertoTimothy SchofJames SwanMatthew WeinertRyan ZelonisZachary Zupetz

Travis LevisonMichael McCaffreyKyle McNamaraBrian NigroNicholas PesolaMagnus RobertoTimothy SchofJames SwanJuan VargasMatthew WeinertAdam WinumEthan WinumRyan ZelonisZachary Zupetz

Varsity GolfAdditional Recognition:Pasqualina Tartaglione - New York State Qualifier

WINTER SPORTSVarsity Boys Indoor Track: Scholar AthletesCoach: Al Schmidt, Ass’t Coach: John Tobin**New York State Track and Field Qualifier


Varsity GirlsBasketball

Varsity Girls IndoorTrack

Varsity Cheerleading

BOE ApprovesMinutes

BOE ApprovesConsent Agenda

Creation ofPositionsAdministrative

Instructional

Lorenzo AlverioChristopher Biondi****Aidan FarrellJonathan Jalon WilliamLindauZaafar MahmoodAnthony Maugeri

Michael McCaffreyJoseph MillsJohn ParsellsJoaquim Rodrigues Jonathan VazquezMichael WalshPaul Zwart

Additional Recognition:** Patrick Dempsey - New York State Track and Field Qualifier** Christopher Ebbrell - New York State Track and Field Qualifier** Curai White- New York State Track and Field Qualifier

Varsity Girls Basketball: Scholar AthletesCoach: William Lacovara, Ass’t Coach: Jen Evans, Mngr: Bill McMonigle

Gabriella AmelioKatherine Cain Jenna GrayJulia Gros

Tayler KingMaeve MageeKatherine PariseSarah Smith

Varsity Girls Indoor Track: Scholar AthletesCoach: Gerald Risco, Ass’t Coach: Melissa Schueler**New York State Track and Field Qualifier

Hadiyah Abdur-RaheemKrystal CarhartFaith Cartisano FrancescaCavarrettaMegan CescaJodi Collymore**** Amy DeSenaBrittany GageMariana GiraldoKaterina GroutkasSamantha LeonickKailee Loiodice

Danielle LovelaceCourtney MaurinTiffany NyeMadison OrcuttBrittany PaoliGabrielle RathMegan RosaNatalie SalazarMeghan SuchyDanielle ThomasBreighanne Wild

Additional Recognition:** Gabrielle Gordon – New York State Track and Field Qualifier

Varsity Cheerleading Section IX ChampionsCoach Cherie Ramsey

Dana AlessiRachel CohenOlivia DeVriesIsabella GuidoAriana JaskoHailey Madden

Katlyn MorleyClaudia OwenAmanda RebeloPaige RossilloNinah TulangowAlexis VanoyanKayla Weston

Approval of MinutesMOVED by Trustee Starr , second by Trustee Sullivan, the Board of Education, approve theminutes of the May 26, 2015 meetings as submitted by the District Clerk. YES - 6 NO - 0 CARRIED

Reports, Recommendations of the SuperintendentConsent AgendaMOVED by Trustee Starr, second by Trustee Sullivan that the Board of Education approve thefollowing Consent Agenda, and addition to the Consent Agenda as submitted by theSuperintendent of Schools: Creation of Positions (* Positions created as per the 2015-2016 budget / board approved.).AdministrativeAuthorize the creation of the following position* as per the approved 2015-2016 budget/boardapproved:• (1) One Full-time 1.0/FTE Administrator, effective September 1, 2015, salary as per contract. (Position not posted at this time).

Instructional


Non-Instructional

Title Change

Abolishments/ReductionsInstructional

Non-Instructional

Resignations:L.Ruger/Teacher

C. Montimurro/School Monitor

D. Pascucci/Typist

Leaves of Absences:C.Foster/Teacher

D.DeGroodt/SchoolMonitor

Appointments:D.Kocis/SpecialAssignment

J. Tobin/Special Assignment

M.Pollack/SpecialAssignment

B.Hostetter/PT PE Teacher

Authorize the creation of the following positions* as per the approved 2015-2016 budget/boardapproved:• (3)Three Full-time 1.0/FTE ELL/AIS teachers effective September 1, 2015, salary as per

contract• (1) One Part-time .5/FTE School Psychologist effective September 1, 2015, salary as per

contract.• (2) Two Full-time 1.0/FTE Math Coaches, effective September 1, 2015, salary as per

contract.• (1) One Full-time 1.0/FTE Special Education Teacher, effective September 1, 2015, salary as

per contract.

Non-InstructionalAuthorize the creation of the following positions* as per the approved 2015-2016 budget (boardapproved):• (1) One Full-time 1.0/FTE Technical Services Manager, effective July 1, 2015, salary as per

contract;• (1) One Full-time 1.0/FTE Groundskeeper, effective July 1, 2015, salary as per contract.

Title ChangeAuthorization for the title change of the full-time 12-month/year position from Director ofOperation and Maintenance to Director of Facilities III, effective June 10, 2015, noting thischange is through Orange County Department of Human Resources..

Abolishments /Reductions Instructional Authorization for the abolishment of 2.0 FTE teaching, PBTA unit members, effective at theclose of business on June 30, 2015 as per the approved 2015-2016 budget (board approved), asfollows:

Elementary Retirement2.0 FTE 1.0 FTE

1.0 FTENon-Instructional Authorization for the abolishment of 1.0 FTE support position within the area noted, effective atthe close of business on June 30, 2015, as per the approved 2015-2016 budget (board approved),as follows:

Computer Technician Vacant Position1.0 FTE 1.0 FTE

ResignationsInstructionalLisa Ruger, resignation from her position as a 1.0 FTE/ Elementary Teacher, effective at the closeof business May 28, 2015.

Non-InstructionalConstance Montimurro, resignation, for retirement purposes, from her position as a 2.0 hour/daySchool Monitor, effective at the close of business June 30, 2015.

Denise Pascucci, resignation, for retirement purposes, from her position as a 12 month/year Typist,effective at the close of business December 30, 2016.

Leaves of AbsenceInstructionalClaudia Foster, request for an unpaid leave of absence from her position as a 1.0/FTE Teacher,effective 9/1/2015 through 6/30/2016. (CES)

Non-InstructionalDina DeGroodt, request for an unpaid leave of absence from her position as a 5.0 hours/day SchoolMonitor, effective 9/1/2015 through 6/30/2016. (CMS)

Appointments InstructionalDarcy Kocsis, designate as teacher on special assignment, effective for the 2015-2016 school year,effective September 1, 2015 through June 30, 2016. Salary as per contract.

John Tobin, designate as teacher on special assignment to the temporary position of 1.0/FTEElementary Math Coach, effective September 1, 2015 through June 30, 2016. Salary as per contract. Michelle Pollack, designate as teacher on special assignment to the temporary position of 1.0/FTEElementary Math Coach, effective September 1, 2015 through June 30, 2016. Salary as per contract. Barbara Hostetter (amended from Margaret Hostetter approved on May 12, 2015 to reflectcorrected first name), who holds a permanent certificate in Physical Education be appointed to a part-time, non-tenure bearing, .5/FTE teaching position, effective September 1, 2015 through June 30,2016, salary as per contract.(PAK)


H. Yankanin/OT

T. Caroselli/ PT

Non-Instructional:J.Licardi/ Directorof Facilities III

D. Miller/O&MGroundskeeper

D. Frank/SummerSubstitute

Remendial AfterSchool Program:Regents Boot Camp

Leadership & LawAcademy

Aviation Academy

Performing Arts

Helen Yankanin, approval in her position as a .6/FTE Occupational Therapist,) effective September1, 2015 through June 30, 2016. Salary at Level BA, Step 26, noting she is certified for suchappointment through the Orange County Department of Human Resources.

Theresa Caroselli, who holds a NYSED Physical Therapist Registration Certificate, be appointedas a part-time, .8 FTE Physical Therapist (civil service appointment) effective for the periodSeptember 1, 2015 through June 30, 2016. Salary for the 2015-2016 school year will be Level BA,Step 26 of the salary schedule, plus special education stipend of Level V, Step 10, noting she iscertified for such appointment through the Orange County Department of Human Resources.

Non-InstructionalJames Licardi, probationary civil service appointment as a full-time 12 month/year Director ofFacilities III, effective June 10, 2015 under the Terms and Conditions of Employment for Non-Affiliated Management /Administrative, salary as per contract (pro-rated), noting he is certifiedfor such appointment through the Orange County Department of Human Resources.

Devin Miller, probationary appointment as a full-time 12 month/year Groundskeeper effectiveJune 10, 2015, salary as per contract (pro-rated) noting he is certified for such appointmentthrough the Orange County Department of Human Resources.

Dan Frank, temporary appointment as a per diem, summer substitute effective for the periodJuly 6, 2015 through August 28, 2015 at $8.75/hour for four days/week for a maximum of eightweeks total for a H.S. Academy of Finance internship. (Central Warehouse/AOF Intern)

Remedial After School Program - Regents Boot CampApproval to rescind the temporary appointment of the following instructional staff for 2.5hours/day, Monday - Thursday (2:30 p.m. to 5:00 p.m), for Regents Boot Camp at Pine BushHigh School in the 2014-2015 school year, effective June 1, 2015 through June 12, 2015

Pine Bush High SchoolJudith Flint English

Approval for the temporary appointment of the following instructional staff for 2.5 hours/day,Monday - Thursday (2:30 p.m. to 5:00 p.m), for Regents Boot Camp at Pine Bush High School inthe 2014-2015 school year, effective June 1, 2015 through June 12, 2015, salary at the rate of$33/hour (all staff will run two sessions unless noted*):

Pine Bush High SchoolKelly Cooke English

Summer Leadership & Law AcademyApproval for the temporary appointment of the following individuals as teachers for the 2015Summer Leadership & Law Academy, effective for the period July 6, 2015 through July 24,2015 at a rate of $35.00/hour: (Note: Academy will be invoiced for salary and benefits)

Kevin Blackwell up to 108 hoursRenae Bray up to 108 hoursAndrew Britto up to 108 hoursDaniel Conley up to 108 hoursJennifer Evans up to 7 hoursBethany Ganley up to 7 hoursMike Mancuso up to 7 hoursJonathan Lozier up to 108 hoursMitchell Silverberg up to 108 hoursMandi Beaver up to 14 hours

Approval for the temporary, hourly appointments of the following students as instructionalassistants for the 2014 Summer Leadership & Law Academy, effective for the period July 6, 2015through July 24, 2015 (*as indicated) at a rate of (as noted), at a rate of $8.75/ hour:

Nicholas Garmindez up to 108 hoursPeter Demetres up to 65 hours (July 6, 2015- July 17, 2015)Emily Hufcut up to 108 hoursDavid Matthieu-Lewis up to 108 hoursLindsay Schuessler up to 108 hoursZoe Waizennegger up to 108 hours

Aviation AcademyApproval for the temporary appointment of the following individual as a teacher for the AviationAcademy, effective for the period effective for the period July 6, 2015 through July 23, 2015 at arate of $35.00/hour, (Note: Academy will be invoiced for salary and benefits)

Kelly Wohlgemuth up to 105 hours

Performing Arts Academy


Academy

Medical Academy

Science Academy

Secondary SummerSchool

Elem. SummerTutorial Program

Approval for the temporary appointment of the following individuals as a teachers for thePerforming Arts Academy, effective for the period effective for the period July 6, 2015 throughJuly 24, 2015 at a rate of $35.00/hour, (Note: Academy will be invoiced for salary and benefits)

Brian Flint up to 81 hoursRobin Meade up to 81 hoursRalph Wagner up 10 hours

Medical AcademyApproval for the temporary appointment of the following individuals as teachers for the MedicalAcademy, effective for the period effective for the period July 6, 2015 through July 24, 2015 at arate of $35.00/hour, (Note: Academy will be invoiced for salary and benefits)

Jane Giganti up to 108 hoursKevin Kreeger up to 108 hours

Science AcademyApproval for the temporary appointment of the following individuals as teachers for the ScienceAcademy, effective for the period effective for the period July 14, 2015 through July 18, 2015 at arate of $35.00/hour, (Note: Academy will be invoiced for salary and benefits)

Michael Sturm up to 60 hoursSusan Sturm up to 60 hours

Secondary Summer SchoolApproval for the temporary appointments of the following individuals as instructional andsupport staff members for the 2015 Secondary Summer School Program effective for the periodJuly 6, 2015 through August 13, 2015 at $1,795/session, plus an additional hourly rate of $23.25for administering and scoring the Regents examinations where applicable, noting appointmentsare contingent upon student enrollment:

Dan McMahon English 9 1 session“ ” English 12 1 sessionMark Eckerson English 10 1 session “ ” English 11 1 sessionJoseph Gilson Social Studies 9 1 session “ ” Social Studies 10 1 sessionMolly Sardella US History 1 session“ ” Government 1 session“ ” Economics 1 sessionErin Toomey Common Core Math 2 sessionsRyan Kiernan Physical Education 2 sessions Rose Cummings Special Education 2 sessions (7/27 – 8/13) Donna McCarthy Special Education 2 sessions (7/6-7/23) Mark Brennan Special Education 2 sessions Lisa Mills School Nurse 2 Sessions (Splitting time 1st

half)Diane Tjornham School Nurse 2 Sessions (Splitting time 2nd

half)Rob Pawson Librarian 2 SessionsAngela Schuster Grad Point 2 sessions

Approval for the temporary, per diem appointments of the following individuals as non-instructional employees for the 2015 Secondary Summer School Program effective for the periodJuly 6, 2015 through August 14, 2015, as well as preparation meetings and registration, notingappointments are contingent upon student enrollment:

Katrina Morin Clerk 6 hours/day at $12/hourColleen Huff Clerk 6 hours/day at $12/hour

Approval for the temporary, per diem appointments of the following individuals as Security Aides(1516-25) employees for the 2015 Secondary Summer School Program effective for the periodJuly 6, 2015 through August 13, 2015, noting appointments are contingent upon studentenrollment: : William McMonigle Security Aide 6 hours/day as per contract Linda Shannon Security Aide 6 hours/day as per contract

Elementary Summer Tutorial ProgramApproval for the temporary appointment of the following instructional staff members as tutorsfor the Elementary Summer Tutorial Program effective for the period July 6, 2015 through July30 2015, Monday through Thursday, at the rate of $33/hour for a maximum of 3 hours per day, 4days/week:

Darcy Kocsis Elementary Instructional Technologist


Extended SchoolYear Services -Special Ed.

Co-Curricular-PBE

CES

Interscholastic

PresentationExcelsior Academy

CPSE PlacementRec.

Extended School Year Services / Special EducationApproval for the temporary appointment of the following individuals as per diem, hourlyinstructional staff members for the 2015 Extended School Year Services effective for the periodJuly 6 through August 11, 2015 (Monday through Thursday) at contract hourly wages as follows,noting appointments are contingent upon student enrollment: Nicole Santillo - SpeechTherapist - 12 hrs/week Naomi Hurst - Speech Therapist - 15 hrs/week Victoria Ruger - Vision Therapist - 1.0 hr/week Julie Salisbury – Special Education Teacher - 15 hrs/week Marie Tobin – Special Education Teacher – 20 Hours Lynn Maroney – Special Education Assistant – 12.0 hrs/week

Cate Smith – OT services – 15.0 hrs/week Marianna Greco – Tutoring – 20 hours

Co-CurricularApproval of the following co-curricular appointments for the 2015-2016 school year at theappropriate co-curricular stipends:

Pine Bush Elementary School: Debra Murphy Grade Level Leader (Kindergarten)

@ Level Va, Step 10 (10)

Teresa Salvato Grade Level Leader (First Grade)@ Level Va, Step 1 (2)

Amy Green Grade Level Leader (Second Grade)@ Level Va, Step 5 (6)

Jacqueline Giebler Grade Level Leader (Third Grade)@ Level Va, Step 3 (3)

Leilani Howard Grade Level Leader (Fourth Grade)@ Level Va, Step 3 (3)

Shani Luccketti Grade Level Leader (Fifth Grade)@ Level Va, Step 3 (3)

Lynda Rogers-Seeley Special Education Team Leader@ Level II, Step 7 (7)

Circleville Elementary School: Approval to amend the following co-curricular appointment for the 2015-2016 school year toreflect the appropriate co-curricular stipend: Michelle Garland Grade Level Leader (Second Grade)

@ Level Va, Step 3 (3)Interscholastic Approval of the following interscholastic fall coaching appointments for the 2015-2016 schoolyear at the appropriate interscholastic stipends:

Boys SoccerGreg Jaloszynski** Modified Coach

@ Level III, Step 1 (1)Swim/Dive:Chris Blackwell** Assistant Varsity Coach

@ Level II, Step 10 (15)** Pending completion of coaching requirements/coaching license.YES - 6 NO - 0 CARRIED

Presentation: Excelsior AcademyPrincipal Aaron Hopmayer, students, and staff from the Excelsior Academy provided apresentation to the Board of Education The PowerPoint presentation provided was available inhard copy for all. Some of the highlights of the presentation included accomplishments andmissions statements of the following: Excelsior Law & Government Academy; Medical Academy;Education Academy; and Engineering Academy. They spoke about the collaboration between theStars Academy and the Excelsior Academies, as well as their trip to Philadelphia andWashington, DC. Some of the highlights of the trip include the following: The Mutter Museum,Franklin Institute; The Pentagon, US Medical Reseach Institute of Infectious Disease, CapitolPolice, as well as the White House. Mr. Hopmayer reiterated how successful the program hasbeen and beneficial to the students, and thanked the administration and board for their continuedsupport.

CPSE Placement Recommendations - Acknowledge Receipt and AcceptanceMarijane Reinhard, Executive Director of Special Programs, was in attendance Tuesday eveningto present an overview of the CPSE placements and program numbers, and 504 update. Followingthe brief report, the Board of Education was asked to approve the following:


BOE ApprovesCPSE Rec.

PublicParticipation

BOE ApprovesOvernight TripRequests

BOE DesignatesDisposition ofTextbooks/Equip.

BOE AcceptsDonation

MOVED by Trustee Sullivan, second by Trustee E. Meier, that the Board of Education acknowledge receipt and acceptance of the Committee on Preschool Special Educationplacement recommendations as submitted by the CPSE Chairperson and reviewed by TrusteeSullivan.YES - 6 NO - 0 CARRIED

Public Participation Mr. Greer opened the first public participation at approx. 8:00 PM requesting no personalreferences and to be respectful.. The following questions/comments were raised:• Resident expressed the following concerns: repairs to black top next to the track, heating at

high school (when will it be corrected); usage of high school florescent lights in kitchen;new roof on high school extension (blown off). Administration will look into the concernsexpressed and provide update to board.

Overnight Trip Request MOVED by Trustee Sullivan, second by Trustee Starr, that the Board of Education officiallyapprove the overnight trip requests:• Overnight trip request submitted by track coach Gerald Risco and Al Schmidt, on behalf of the

boys and girls track team members to travel to University at Albany (SUNY), Albany, NY tocompete in the NYSPHAA Boys & Girls Track & Field Championships. The trip is scheduled forThursday, June 11, 2015 through Saturday, June 13, 2015. Four ( 4) students and three (3)coaches/chaperones will be in attendance, providing an approx. 1:1 student/chaperone ratio. Thecost of the trip is approximately $387 per student, no cost to student, this is a district funded tripas it is a state championship. (The overnight request form & itinerary is included).

• Overnight trip request submitted by Aaron Hopmayer and Andre Spinelli on behalf of theSTARS Academy / Helping with Horsepower students to travel out west to race their motorcycle(built by students throughout the year) on the Booneville Salt Flats in Utah. The dates for thistrip are Tuesday, August 25, 2015 through Sunday, August 30, 2015. Seven (7) students and three(3) chaperone /advisors attending, providing an approx. 2:1 student/chaperone ratio. Student costas follows: $200 student cost; $100 for students on reduced lunch, and no cost to students on freelunch.

YES - 6 NO - 0 CARRIED

Approval of Designation/Disposition of Textbooks/EquipmentMOVED by Trustee E. Meier, second by Trustee G. Meier, that the Board of Education designatethe following textbooks and equipment as unusable in accordance with Policy #5250 SUBJECT:Disposition of Surplus Property, and authorize the disposition of the outdated and/or in poorcondition under the direction of Michael Pacella, Assistant Superintendent for Business.

• The Board of Education designated the following list of O & M Surplus Equipment submittedby James Licardi as unusable in accordance with Policy #5250 SUBJECT: Disposition ofSurplus Property, and authorize the disposition of the outdated and/or in poor condition underthe direction of Michael Pacella, Assistant Superintendent for Business.

Description District ID#NSS Wrangler scrubber, model # 1708cb 007077Large fan, model # 10255 NoneNSS Mustang scrubber 007087,001762Tomcat scrubber, model #2700 01116,007318NSS Stallion carpet cleaner, model #8sc 001418,11122Viper wet vac, model #sn18wd 12027Tomcat scrubber, model #3400 007421NSS Ultra max, model #bp27 001417,11216Windsor carpet cleaner, model #CMD 01538Cafeteria tables (3) 11764-5-7Cafeteria tables (4) None

• The Board of Education designate the following list of Social Studies books submitted byEdward Stelmaszyk, acknowledged by Aaron Hopmayer, Principal, as unusable inaccordance with Policy #5250 SUBJECT: Disposition of Surplus Property, and authorize thedisposition of the outdated and/or in poor condition under the direction of Michael Pacella,Assistant Superintendent for Business.

Description• 30 Street Law: A Course in Practical Law, ISBN 0-07-860019-7, copyright 2005


Acceptance of DonationMOVED by Trustee Starr, second by Trustee G. Meier that the Board of Education officiallyacceped the following donations:

• Check in the amount of $500.00 on behalf of Exxon/Mobil EducationalAlliance for the E. J. Russell Elementary School, specific for Students in NeedA/C -Science Supplies.


BOE ConsidersPolicy

BOE ApprovesPolicy 7321

UpcomingMeetings,Events/Old New Business

Tentative SummerBoard Meetings/Retreat

BOE ApprovesResolution reReorg Mtg Date

Updates

BOE ApprovesClaims Aud.Rpts

• Donation of the Keys Power System Home Gym Multi-station Selection(KPS-1850) on behalf of Jeanne A. Glasser for use in the Physical EducationDepartment


Consideration of Proposed Policy for Second Read & AdoptionThe following policy was submitted for consideration by the Board of Education for a secondreading and adoption-approval.

MOVED by Trustee E. Meier, second by Trustee Starr, that the Board of Education approvePolicy 7321: Breath Screening, for second reading and adoption as submitted:YES - 6 NO - 0 CARRIED

Upcoming Meetings, Events / Old, New Business / UpdatesThe following information was announced Tuesday evening regarding upcoming meetings:

Regular Board Meetings:Tuesday, June 23, 2015

Circleville Middle School - 7:00 PM

Other Meetings Events:Tuesday, June 16, 2015 (Part 1) and Thursday, June 18, 2015 (Part 2)

OCSBA Mandated Training for New School Board Members

Moving-up CeremoniesCircleville Elementary School Moving-Up Ceremony

Thursday, June 18, 2015, 9:30 AM

Pine Bush Elementary School Moving-Up CeremonyFriday, June 19, 2015, 9:45 AM

Pakanasink Elementary School Moving-Up CeremonyMonday, June 22, 2015, 9:30 AM at CVMS

Circleville Middle School Moving-Up CeremonyTuesday, June 23, 2015, 8:15 AM

E. J. Russell Elementary School Moving-Up CeremonyTuesday, June 23, 2015, 9:30 AM

Crispell Middle School Moving-Up CeremonyWednesday, June 24, 2015, 7:45 AM

Pine Bush High School GraduationSaturday, June 27, 2015, 9:00 AM

Tentative Summer Board Meetings/ Board Retreat:The summer meeting schedule and board retreat dates listed below were recommended to the Boardof Education and confirmed on Tuesday evening.

MOVED by Trustee Sullivan, second by Trustee E. Meier, that the Board of Education acknowledgeand approve that the Pine Bush CSD Annual Reorganizational Meeting be held at any time (with theexception of a holiday) within the first fifteen days of the month of July.YES - 6 NO - 0 CARRIED

JulyTuesday, July 14, 2015 Reorganization & Regular Meeting

District Office - 7:00 PMAugustTuesday, August 18, 2015 Regular Board Meeting

District Office - 7:00 PM

September• Thursday, September 10, 2015 Board Retreat

District Office: 5:00 - 8:00 PM

Updates; Trustee Sullivan provided an update with regard to the Ward Bill for the Senate andAssembly. Currently there is a bill number for senate and pending for the Assembly. Trying toschedule meeting with Senator Flanagan’s office. Encourage anyone listening to spread the word, callSenator Flanagan’s office and any politician who may have an impact

Business & FinanceClaims Auditor’s ReportsMOVED by Trustee Sullivan, second by Trustee E. Meier, that the Board of Educationacknowledge receipt and acceptance of the following Claims Auditor’s Reports as submitted:


Warrant #0081

Warrant #0082

Warrant #0083

Warrant #0084

Warrant #0085

BOE Awards Bids

Claims Auditor’s Report covering Warrant #0081, void and reissue, authorizing payments inthe amount of $4,812.13Cafeteria Fund (1 check 003730) $ 26.65Capital Fund (1 Check 001624) 4,301.08General Fund (3 checks within 038811- 039282) 463.70District Activity AC (1 check 003412) 20.70

Total $ 4,812.13

Claims Auditor’s Report covering Warrant #0082, dated 5/22/2015, authorizing payments in theamount of $20,485.00Crispell SAF (2 checks 002085-002086) $ 1,300.00HS Activity Fund (8 checks (003060-003067) 1,950.00Academy of Finance (3 checks-001443-001445) 200.00Expendable Trust Fund (22 checks 001199-001220) 6,805.00District Activity AC (51 checks 003413-003463) 10,230.00

Total $ 20,485.00

Claims Auditor’s Report covering Warrant #0083, dated 5/22/2015, authorizing payments in theamount of $140,749.93Cafeteria Fund (5 checks 003731-003735) $ 7,523.34Crispell SAF (2 checks 002087-002088) 217.39HS Activity Fund (2 checks (003068-003069) 18,762.00Academy of Finance (1 check 001446) 418.69Federal Fund (4 Checks 002002-002005) 5,382.78General Fund (58 checks 039283- 039340) 96,191.47District Activity AC (7 checks 003464-003470) 12,254.26

Total $ 140,749.93

Claims Auditor’s Report covering Warrant # 0084 dated 5/22/2015 authorizing payments in theamount of $ 1,078,981.41Trust & Agency Acct. (17 checks 002876-002892)) $ 1,078,981.41

Total $ 1,078,981.41

Claims Auditor’s Report covering Warrant #0085, dated 5/29/2015, authorizing payments in theamount of $ 5,550.00Academy of Finance (18 checks 001447-001464) $ 1,500.00Human Services (8 Checks 001057-001064) 3,350.00Expendable Trust Fund (1 check 001221) 500.00District Activity AC (1 check 003471) 200.00

Total $ 5,550.00YES - 5 NO - 0 CARRIED (J.Starr briefly stepped out)

Bid AwardsMOVED by Trustee Sullivan, second by Trustee Robertson, that the Board of Education awardthe 2015 Summer School Transportation Bid for the various locations listed as follows:

(FYI, Bids were sent to 3 contractors, 1 contractor First Student, Inc.. returned a bid)AHRC-MiddletownFirst Student, Inc. $181.36 per round trip per day + gas @ 10 mpg

$69.36 per day for Aide

Center for Discovery, HarrisFirst Student, Inc. $211.14 per round trip on Lift Van/day + gas @ 10mpg


Center for Spectrum Services, KingstonFirst Student, Inc. $191.76 per round trip per day + gas @ 10 mpg

$87.72 per day for AideGreen ChimneysFirst Student, Inc. $196.86 per round trip per day + gas @ 10 mpg


In District-High SchoolFirst Student, Inc. $142.80 per round trip per day + gas @ 10 mpg


Kaplan Career Acad.First Student, Inc. $201.96 per round trip per day + gas @ 10 mpg



BOE ApprovesChange Orders

BOE Approves2015-2016 SchoolFood ServiceBudget

PublicParticipation

BOE Adjourns toExec.Session

BOE Returns toReg.Session

BOE ApprovesResolutionRE: LitigationSettlement

Adjournment

OU BOCES-Goshen Center& Chester LocationFirst Student, Inc. $171.36 per round trip per day + gas @ 10 mpg

$189.72 per round trip on Lift Van/day + gas @ 10 mpg$85.68 per day for Aide

Rockland BOCESFirst Student, Inc. $206.04 per round trip per day + gas @ 10 mpg


St. DominicsFirst Student, Inc. $210.02 per round trip + gas @ 10 mpg


Secondary Summer School ShuttlesFirst Student, Inc. $103.05 per one way trip per day + gas @ 10 mpg

$206.30 per round trip per day + gas @ 10 mg$30.00 per day for Aide

YES - 6 NO - 0 CARRIED (J.Starr returned)

Approval of Change OrdersMOVED by Trustee E. Meier, second by Trustee Sullivan, that the Board of Education approve thefollowing change orders:

Recommend the Board of Education approve an increase of $ 17,026.78 (Change Order #3)to the original proposal of $ 917,123.00 (previously increased to $921,647.97 with ChangeOrders #1 & #2) from JJ Sass Electric, and authorizes the Superintendent to sign allapplicable documents.

Recommend the Board of Education approve an increase of $ 10,528.12 (Change Order #4)to the original proposal of $ 917,123.00 (previously increased to $938,674.75 on ChangeOrders #1 #2 & #3) from JJ Sass Electric, and authorizes the Superintendent to sign allapplicable documents.

YES - 6 NO - 0 CARRIED (Board requested clarification be provided to them regarding Change Orders. Information will be provided tothem in board newsletter).

Approval - 2015-2016 School Food Service BudgetMOVED by Trustee E. Meier, second by Trustee Starr, that the Board of Education approve thePine Bush Central School District School Food Service 2015-2016 Budget in the amount of $ 2,265,087.YES - 6 NO - 0 CARRIED

Public Participation Mr. Greer opened the second public participation at approx. 8:20 PM requesting no personalreferences. No questions/comments were raised.

Consideration of Executive SessionMOVED by Trustee Sullivan,second by Trustee Starr,that the Board of Education adjourn toExecutive Session at approximately, 8:20 PM, for continued discussion regarding ongoing litigation.YES - 6 NO - 0 CARRIED

MOVED by Trustee G. Meier, second by Trustee Starr, the Board of Education return to regularsession at approximately 8:52 PM.YES - 6 NO - 0 CARRIED

The Board of Education returned to regular session and walked in the following resolution for BoardAction:MOVED by Trustee G. Meier, second by Trustee Starr, the Board of Education approve thefollowing resolution:Litigation Settlement RESOLVED, that the Board of Education approves the settlement of the lawsuit bearing thecaption T.E. et al v. Pine Bush Central School District et al, and authorizes the Superintendent toexecute a settlement agreement, subject to the terms and conditions as negotiated andrecommended by counsel. Dated: June 9, 2015YES - 4 NO - 0 CARRIED Roll Call Vote Taken:C.Robertson Yes E. Meier NoG. Meier Yes R. Sullivan NoJ. Starr Yes L. Greer Yes

AdjournmentMOVED by Trustee Starr, second by Trustee Robertson, that the Board of Education adjourn itsmeeting, noting the time at 8:53 PM.YES - 6 NO - 0 CARRIED


Note: BOARD MEETINGS are video recorded and Deborah A. June, District Clerk can be viewed at www.pinebushschools.org Pine Bush CSD


Exhibit D


T.E. v. Pine Bush Central School District

Case Costs

Expenses Totals Photocopies $18,052.70Postage $13.70Travel $3,777.53Courier $867.75Experts $26,002.50Federal Express $698.50Legal Research $7,389.46Meals $971.39Medical Records $1,218.34Outside Counsel $2,349.00Court Reporter $14,228.57Staff OT $1,180.00Filing Fee $550.00Witness Fee $75.00Legal Notice $220.00Software $43.75L.D. Phone Calls $9.88Total $77,648.07


SOUTHERN DISTRICT OF NEW YORK - nylawyer.nylj.comnylawyer.nylj.com/adgifs/decisions15/063015maazel.pdf · this declaration in support of the Stipulation of Settlement, Settlement

Documents