STATE OF NEW YORK STATE EDUCATION In the Matter of the Appeal of JOHANNES C. WILLE, AFFIDAVIT IN Petitioner, OPPOSITION TO REQUEST FOR STAY -against- BOARD OF EDUCATION OF THE Appeal No.: LEWISBORO UNION FREE SCHOOL DISTRICT, Respondent. STATE OF NEW YORK ss.: COUNTY OF WESTCHESTER) MR. ANDREW SELESNICK, being duly sworn, deposes and says: .1. I have been employed by the UNION FREE SCHOOL DISTRICT for nineteen (19) months, since July 1, 2015. 2. I currently am the Superintendent of Schools in the DISTRICT and have served in this position nineteen (19) months. In this capacity I am responsible for management of the school district including, but not limited to, the oversight of the Business Of?ce, as well as final approval of student field trips. 3. This Affidavit is submitted in opposition to Petitioner?s request for a Stay Order to reverse the BOARD OF December 16, 2016 Resolution authorizing an agreement with Caliber Yacht Charters (?Caliber?) for the Eighth Grade End of the Year Field Trip (?Field Trip?) and to halt any '?support, 'l financially or otherwise,? of the trip scheduled and planned for May 18, 2017. FIELD TRIP BACKGROUND AND POLICIES 4. Over the past eight years, the middle?s school?s annual eighth grade field Trip in May has become a prominent school tradition. For the last eight years, a large majority of the eighth grade class has attended and enjoyed a District sponsored boat cruise on the Hudson River. This trip is an opportunity for eighth grade classmates to bond and celebrate the culmination of their middle school experience in a well supervised environment. The unique outdoor experience of this field trip, dynamic ship setting, and exposure to the New York City skyline cannot be replicated in a school building. 5. The annual Field Trip also serves the crucial function of fostering a sense of belonging and connection among I eighth grade peers on the developmental bridge between middle and high school. Social-emotional learning and communication skills are critical components of the District?s mission and eighth grade academic program. They are also consistent with the District?s Board-approved policies and New York State Learning Standards. 6. The District?s Aims and Goals, as stated in Board Policy 200, attached hereto as ?Exhibit include ?To work for the fullest develoPment of each child to the limits of his or her abilities,? and ?To help the student to gain a sense of personal worth and dignity, to learn about setting realistic personal goals, to learn from both success and failure and to learn to exercise self-discipline.? The Field Trip fosters student development and personal worth by celebrating and rewarding students? hard work and completion of their middle school academic journey. This af?rmation carries even more weight because it is sponsored and organized by the District and largely paid for by students? parents. 7. The District?s Aims and Goals in Policy 200 also include objectives such as ?Communication skills reading, writing, speaking, listening, and observing),? ?Understanding of human relations - respect for and ability to relate to others,? and Knowledge of society, past and present.? The Field Trip promotes communication skills and understanding of human relations to the extent it enables students to travel together into the community, experience the procedures of boarding and riding on a boat together, and interact with each other, chaperones, and boat staff during the cruise. By traveling into the community together and along the Hudson River to NYC, the Field Trip also expands students? knowledge of society as they prepare for the next step of their academic and adult journeys. 8. The ?Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State,? adopted by the NYS Board of Regents in July 18, 2011, emphasize the need to ?expand students? cognitive and affective competence in order to improve their prospects for promotion in grade and on time graduation. SEDL is a contributing component to educating the whole child and engaging the whole school so that students are healthy, physically and emotionally safe, actively engaged, supported, and challenged by a well?balanced curriculum. ?1 The State guidance identifies seven approaches to be implemented by school districts, many of which are supported by the Field Trip, especially ?Attention to school climate and to relationships 1 ?Guidelines and Resources for Social and Emotional DeveIOpment and Learning (SEDL) York State,? NYS BOARD OF REGENTS, July 18, 2011, available at 3 among and between students and adults.? Indeed, the Field Trip promotes the relationships between students and adults in a new, cultural, community-based context, which prepares students for their next step into high school and the adult world. 9. The Field Trip also supports the New York State Common Core Learning Standards. For example, the English Language Arts and Literacy, Speaking and Listening standards for eighth grade students include: ?Seek to understand other perSpectives and cultures and communicate effectively with audiences or individuals from varied backgrounds.? ?Use their experience and their knowledge of language and logic, as well as culture, to think analytically, address problems creatively, and advocate persuasively.? 6: ?Adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate.?2 The Field Trip promotes these standards by allowing District eighth graders to further adapt their communications skills by interacting with each other, chaperones, and boat staff in a unique context with social circumstances and or challenges unique to the boat setting. 10. The NYS Learning Standards and guidance on Social and Emotional Development and Learning are consistent with the District?s Board-enacted policies relating to ?eld trips. Board Policy 4531, which was ad0pted by the Board on January 23, 2014, provides in pertinent part: The Board of Education recognizes thatfield trips can enhance the instructional program of the schools and will authorize field trips as set forth below. 2 ?Speaking and Listening Standards 6?12: Grade 8 Students,? New York State Common Core Learning Standards for English Language Arts Literacy, NEW YORK STATE EDIJCAIION DEPARTMENT, available at arts-and-literacy. I. School Sponsored Field Trips: For purposes of this policy, a School-Sponsored Field Trip shall be defined as an excursion of students, under adequate professional supervision, which is an integral part of an approved course of study and education program, planned as an extension of classroom activity and for which students and all participants are subject to the District Code of Conduct. . . . It is expected that all school sponsored trips will: I. Be directly tied to education objectives 2. Be preceded with or followed by instructionally related activities for students; 3. Integrate reading, writing, or speaking across the curriculum; 4. Not be duplicated ?om grade to grade or subject to subject; 5. Be recommended by sta? members based upon careful study of the field trip site and in accordance with field trip regulations (4531-12) Board Policy 4531, annexed to the Petition as ?Addendum 3, p. As demonstrated more fully below, the Field Trip fully complies with this policy. For example, the Field Trip is entirely planned and supervised by the District, is explicitly governed by the District?s Code of Conduct, and supports the middle school educational program. 11. Board Regulation 4531B provides in pertinent part: A stayjf member who wishes to lead a?eld trip shall: 1) Submit a Field Trip Approval Form (Exhibit 4531-131) to their direct supervisor. 2) Provide a copy of the Field Trip Approval Form as well as an alphabetical roster of participants to the School Nurse . . . 3) Submit a request to Transportation iftransportation will be needed for the trip. . . . Administrators and stajjc members, after approval has been authorized, will notify parents of the trip with as much lead time as possible and in accordance with all regulations contained herein. . . . Written parental permission is required for each student attending a?eld trip or series of scheduled events. . . . All field trips must have a stay? member and an appropriate number ofchaperones leading and supervising the ?eld trip as outlined in the Field Trip Approval Form. . . . All ?eld trips must have a sta?? member and an appropriate number ofchaperones. . . . 5 Students are expected to travel to and from the ?eld trip on District Hansportatz'on with the sta? member leading the trip. . . . Board Regulation 4531.R, annexed to the Petition as ?Addendum 3, p. As shown below, the Field Trip fully complies with this regulation, such as the aspects relating to the Field Trip Approval Form, parent notification and permission, and chaperones. FIELD TRIP DETAILS 12. Around September of 2016, the District began engaging Caliber Yacht Charters in discussions about its annual Eighth Grade End of the Year Field Trip. Caliber provided the District a ?Private Yacht Charter Agreement? detailing proposed terms for a May 18, 2017 cruise, annexed to the Petition as ?Addendum The proposed terms included approximately 300 guests, a figure identified by the District based on the students in the eighth grade class (268 students) and likely number of chaperones (including parents, District employees, administrators, and a nurse). Other proposed terms included a non-refundable deposit of $5,000, a no cancellation policy, and excused non?performance provision. 13. The District retained its counsel, Ingerman Smith, L.L.P., to negotiate a final agreement with Caliber. The District?s counsel and Caliber exchanged a proposed draft Rider to modify the proposed Caliber Charter Agreement. However, the parties did not reach or sign a final version of the exchanged Rider or Agreement. 14. The District submitted the proposed agreement with Caliber for the May 18, 2017 boat cruise, including the proposed terms and estimated cost of $34,400, to the Board for approval on December 16, 2016 so that the District could continue planning the Field Trip. The Board passed the resolution by a vote of 6?0, with one Board member absent. 15. Pursuant to the District? 3 field trip policy and regulation, District employee Secretary (School District) Linda Volpe submitted a Field Trip Approval Form" With an accompanying ?Field Trip Checklist? to middle school Principal Rich Leprine on December 14, 2016. Principal Leprine signed the Approval Form, attached hereto as ?Exhibit 16. On December 19, 2016, Ms. Volpe submitted a Check Request to the District Treasurer requesting a check in the amount of $5,000 to Caliber for the trip deposit, to be Withdrawn from the eighth grade class?s activity and ?eld trip Fund. This Fund exclusively contains monies contributed from parents, fundraising activities, and other non?taxpayer groups such as the Parent Teacher Organization for the eighth grade class?s activities and field trips. The Check Request is annexed to the Petition as ?Addendum 2, p. 17. On December 20, 2016, Ms. Volpe submitted a formal transportation request to the District for bussing to and from the middle school and Yonkers City Dock, where the boat would depart and return, for 28 adults and 241 students. The Transportation Request is attached hereto as ?Exhibit 18. In January 2017, the District provided a letter to the families of all eighth grade students explaining the May 18, 2017 Field Trip, attached hereto as Exhibit The letter is printed on District letterhead with the names of the middle school Principal and Assistant Principals and includes the ?trip?s date and times, dietary information, cost, and activities (?We will be cruising the NY harbor, while providing time for dinner, dancing, and plenty of socializing on deck?). The letter specifies that the trip costs a non-refundable fee of $120 per student, which includes ?tramportation, the cruise with dinner and and that arrangements can be made for families needing financial assistance. The letter states that the Field Trip is explicitly governed by the school?s Code of Conduct ("The HMS behavior code will be enforced during the entire trip. It is included for your review with this Indeed, a summary version of the Code of Conduct was attached to the letter and referenced in the attached permission slip to be signed by parents and students have read the Behavior Code for Field Trips (attached) and discussed it with my child. I understand that students are responsible for obeying . . . the district "Code of Conduct?). 19. The District has already received a significant number of permission slips and checks from parents (approximately 232 parents have fully paid for the cost of the trip) and is receiving more every week. 20. Many eighth grade students and parents have expressed their enthusiasm and anticipation of the Field Trip. FIELD TRIP FUNDING 21. The total cost of the Field Trip is entirely paid for by non-taxpayer funds. These sources cover Caliber?s total fee (estimated at $34,400) for all participants, including students and chaperones, as well as the cost of bussing participants between the District and the Yonkers Dock Where the boat departs and returns (approximately $2,124). Parents of students comprise the largest non-taxpayer source, contributing approximately $28,920 to the trip at a rate of $120 per student. The Parent Teacher Organization, which is a non-taxpayer orgar?zation, contributes another $6,150 to the Field Trip. The remaining funds come from the eighth grade activities and field trip Fund, which contains funds remaining from the prior eighth grade class in the amount of $2,600. 22. As indicated above, the funding for the cost of Caliber?s fees (estimated at $34,400), as well as the transportation to and from the Field Trip (approximately $2,124), is through non-taxpayer sources. 23. I make this Affidavit on behalf of the DISTRICT knowing that it will be relied upon by the Commissioner of Education. 24. The DISTRICT resPectEully requests the Petitioner? 5 request for a Stay Order be denied in its entirety. a. ,1 {frat/J if f; Xi." All?) AKTDREW SELESNICK: Sworn to before me this a ?f/debruary, 2017 1/ NotarylL jblic EXHIBIT A 212772017 BoardDocs? Pro Book Katonah-Lewisboro School District Policy Book Section 0000 PHILOSOPHY, GOALS AND OBJECTIVES Title SCHOOL DISTRICT AIMS AND GOALS Number 0200 Status Active The ecuational aims of the Board of Education of the Katonah-Lewisboro School District are: 1 To provide those educational programs which public schools are best able to provide. 2. To work for the fullest development of each child to the limits of his or her abilities. 3 To seek a good balance between the need for a stable, basic program and the changing pupil, community, and social needs. 4. To help the student to gain a sense of personal worth and dignity, to learn about setting realistic personal goals, to learn from both success and failure and to learn to exercise self-discipline. A student completing his education in our school system should have developed the following: 1. Mastery of the basic skills. School objectives are to teach: A. Communication skills reading, writing, speaking, listening, and observing). B. Computational operations and mathematical conceptualization. 2. Understanding of human relations - respect for and ability to relate to others. School objectives are to teach: A respect for people and a knowledge of social, cultural and ethnic groups. Comprehension of one's responsibilities in social relationships. 3. Skills, motivation and intellectual curiosity to sustain lifetime learning in a changing world. School objectives are to teach: Knowledge of society, past and present. Awareness of alternative futures and the need to adapt to change. Personal planning skills. Objectivity in thinking and a reasoned approach to problem solving. 4. Knowledge of the social and natural sciences at a level required to participate in a complex world. School objectives are to teach: Knowledge of the basic methods of inquiry in each field. Interdisciplinary efts to focus knowledge on problems. Understanding of one's relationship to his natural, economic, and social environment. 5. Knowledge and appreciation of the humanities, including the capacity for creativity and recreation. 112 22712017 BoerdDocs? Pro School objectives are to teach: Knowledge Of major art, musical, literary, and drama forms. Knowledge of the diversity of mankind's historic and cultural heritage. Aesthetics. How to deveIOp individual creative talents. Wise use of leisure time. Understanding of the rights and responsibilities of citizenship in order to participate in the government of our society. School objectives are to teach: Knowledge about political, economic and legal systems with an emphasis on democratic institutions, and on the global interdependence of these systems. Knowledge of the American political process at national, state, and local levels. Knowledge of the environment and man's relationship to it School objectives are to teach: The wise use of resources. The effects on the environment of man's activities and values. Ability to maintain one's mental, physical, and emotional health. School objectives are to teach: A knowledge of good health habits. Understanding of body processes and functions. Physical fitness. Knowledge of safety principles and practices. Vocational awareness necessary to prepare for employment commensurate with ability and aspiration and to perform work in a manner that is gratifying to the individual and to those served. School objectives are to teach: Work habits and skills. Awareness of work opportunities. EXHIBIT Katohah-Lewisbom to U.) 4531.31 Field Trips Exhibit Field T1113 Approval Fon11 School ?43m Grade(s) Staff Member 111 Control d? Lami? MLJ 51,? Destination )?mk?g 1M Ul ?Date Sill 2 Cost per student 3361 I Number of Students Ll Cost to District; Transp01tatioi1: Chap ei'ones: Other: 01111 of transpo?ation SCl?i Dal. {5m D11ve1'(s) Indicate if parent Departme Time 31:53 Time ofRemm lb 00 ?m ?as Number of Chapeiones 1 equired by Boatd of Education Policy The minimum ratio of students to adults should be as follows: 8:1 for elementary school trips 10: for middle school trips 10: 1 for high school trips Names of Chaperones India. ate how this ?eld. trip is related to your program and to the cui1icula1 and 111211111: Lional pioglam of the students and wh at (31313100111 follow up will take place Katon air-Lewisboro IO- 11 13. 14. 4531131 Field Trips Exhibit Field Trip Approval Form Does this trip duplicate any field trip taken by any, some or all of your students? (1%in at?? If so how? What is your justi?cation is additional trip to the same destination? a Indicate Special safety precautions and/0r special provisions for disabled students that will be required. List any overnight accommodations that will be required. Attach menus if food preparation will be required by staff and/or students. Outline brie?y your itinerary 15K, Ur "w Have you reviewed the ?eld trip policy? Are your plans consistent with the policy? ?3;th IQ Kaionah?Lewisboro 453 1 .E.1 Field Trips Exhibit Field Trip Approval Form APPROVAL: L.) 7 Principal or liis??i'er designee Date APPROVAL: . . Superintendent of Schools or his/her designee (if required) Date Additional Comments: (Please complete this form in duplicate - both copies to be routed through the Principal, one to be rimmed to the teacher.) First Reading: June 1, 2011 Second Reading: 11111:: 9, 2011 Adoption: uly 7, 2011 JJMS Field Trip Checklist: BEFORE THE FIELD TRIP IS APPROVED: \m l:l We have reviewed the date of the ?eld trip with Nancy Cogswell for availability. We have advised her to put the information on the calendar. We have met with the nurse and been advised of medical needs and it has been determined that: We do not need a nurse on the trip We need a nurse for the trip We have advised Nurse scheduler that we need a nurse Once trip is approved: Ate We have advised the dining room staff of the ?eld trip (date, time, number of students) Contract buses using Easy trip system Collected permission slip Given cell phone #5 to Main of?ce the day of trip Informed the receptionist If a NURSE IS NOT NEEDED for the trip, a list of students going on the trip has to be given to the nurse no less than 7 days prior to the trip. IF THE FIELD TRIP IS CANCELED. PLEASE NOTIFY THE GRADE ADMINISTRATOR, NANCY COGSWELL, AND THE SCHEDULER EXHIBIT 1/ Trip Request - Field Trip Request Trip Request Trip ID #R524o11 (Jms FIELD TRIP) - Ordered Requested by Linda Volpe on 1320/2016 at 11:18 AM Approval: trans cost $2,123.55 (6 buses, 1 wfchairxno charge w/chair) (STACEY RONALD on 12/27/2016) Requests must be submitted at least 1 week prior to each trip. A separate request must be submitted for each trip. Please call transportation with any questions. Group (if not listed list in notes): 03 FIEED i Adults: . Students: 241 Wheelchairs: _1 Pickup Point: John Jay Middle School - Drop Off Point (at end of trip): John Jay Middle some: Destination (if not listed, list in notes): {YonKeRs CITY DOCK Departure Date of Trip: 5118:2017 Arrival Time at School: 3:30 PM Event Start Time: 4:30 PM Event End Date: ?521811201? Event End Time: 9:00 PM Return Date: 51312017 Return Time: .1030 PM i Notes (Include all Directions or Special Instr): Estimated Cost [Transportation Use Only]: 2123.55 3 dtri prequestcomn? ripRequest.as px?id=524011 1H EXHIBIT john Middle School aloe all. ew ork 0 3 6 la: atonah?Lewisbom 11.17.31). (914) 763-7500 ?Learn. Care. Lead? M'r. Richard Leprine. Principal Ms. Monica Bermz'ss, Assistant Principal Ms. Lisa J. Ker, Assislam Principal January 2017 Dear 8th Grade Families, The 8th graders will celebrate their years at HMS on Thursday, May 18, 201? during a sunset boat party. We will be on board. a boat ornmed and operated by Caliber Yacht Charters. You. may visit the website at Here are the details oi the celebration: 1. Students will have a regular school day on May 2. Students will travel by school bus to the Yonkers City Dock, Yonkers, NY, leaving HMS at approximately 2:45 PM. The boat cruise will begin about 4:30 PM and end at about 8:30 PM. Students will" return to HMS at approximately 9:30 PM. 5. We will be Cruising the NY harbor. while providing time {or dirmer, dancing, and plenty of socializing on deck. 6. We will have the boat exclusively to ourselves. Only HMS students. staff. and chaperoues will be on the cruise- The sta ff at Caliber Yacht is thoroughly trained to ensure that all passengers have a safe, fun cruise. 7. Students with special diets will be accommodated. Please call Linda Volpe at 763-7660 with your requests. A nurse will be nuboard the boat. The HMS behavior code will be enforced during the entire trip. It is included for your review Wi?l this letter. 10. The cost of the hip is $120.00? per student. It includes hairsportation. the cruise with dinner and There are no additional costs. Nothing will be for sale on the boat. 11. Payment for the trip is due no later than Tuesday, February 201?? (W cash please]. 12. Checks should be payable to: Katonah Lewisboro School District. 13. Checks and permission 'ps must be delivered by students to Mrs. Volpe in the main office. 14. The fee is ff!? sew >993 *liamilies for whom the cost of the trip presents a Einsheial hardship should contact their child?s counselor. Financial aid is available for all or a portion of the trip for families in need. John Jay Middle School Katonah, New York 10536 Katonah-Lewisboro U.F.S.D. (914) 763?7500 ?Learn. Care. Lead Mr. Richard Leprine, Principal Ms. Monica Bermiss, Assistant Principal Ms. Lisa J. Ker, Assistant Principal Behavior Code for Field Trig Please review these rules with your child and sign the permission form attached. Have your child return the form to Mrs. Volpe in the Main Of?ce. 1. Students are expected to dress in keeping with the event and the Family Handbook. 2. Possession, sale, or coming to school under the in?uence of alcohol or drugs is prohibited. Possession/use of cigarettes, matches, or dangerous instruments is prohibited. 3. Exemplary behavior is expected at all times. Be considerate and respectful to the people around you: fellow students, teachers, chaperones, bus drivers and all others you encounter. 4. While on the bus: A. Do not stand while the bus is in motion. Do not crowd when boarding or leaving the bus. Do not put any part of your body out the Window. Do not throw any objects out the window. Do not yell out windows. Obey any instruction or direction of the chaperoncs or the driver 5. Use of cell phones, MP3 players, i?I?ods, and any related technology: 9 Teachers may take and hold devices until the end of the trip if students are using the device in a way the teacher considers inappropriate. PERMISSION SLIP I grant my child, permission to attend the 8th Grade End of Year CelebratiOn on May 18. 2017. I understand that this celebration involves a boat cruise on the NY HarbOr and that my child will travel to and from the cruise site on a regular school bus. In addition, I have read the Behavior Code for Field Trips (attached) and discussed it with my child. I understand that students are responsible for obeying all federal, state, and local laws as well as the district Code of Conduct. My child is 3150 responsible for any and all regulations established by Caliber Yacht Charter which operates the cruise. I understand that Thursday, May 18, 2017 is a regular school day, and that a student who is not in attendance during regular class time will not be eligible to participate in this after school activity. Students are expected to follow the district Code of Conduct regarding participation in after school activities. Parent/Guardian Signature Date Student Signature