MINUTES OF THE SPECIAL MEETING

OF THE GOVERNING BOARD

SCOTTSDALE SCHOOL DISTRICT NO. 48

January 7, 2002 A Special Meeting of the Governing Board of the Scottsdale Unified School District, #48, Maricopa County, was called to order at 5:04 PM, at the Scottsdale School District Education Center Board Room, 3811 North 44^th Street, Phoenix, Arizona. Board Members in attendance were Sandra Zapien-Ferrero, Clerk; Shari Avianantos; David Goldstaub; and Barbara A. Newby. Thomas C. Carey, President, was absent. Mrs. Zapien-Ferrero chaired the meeting. Superintendent Barbara F. Erwin, and Attorney James Martin, Lewis & Roca, were also present. A quorum was present. Mrs. Avianantos moved to convene in Executive Session for: Discussion or consultation with Board Attorneys for legal advice and to consider the Board’s position and instruct its Attorneys regarding the Board’s position on contracts that are the subject of negotiation and in settlement discussions conducted in order to avoid or resolve litigation, pursuant to A.R.S. § 38-431.03(A)(3) and (4), all in respect to the use of District facilities by SEES Charter School. Mrs. Newby seconded the motion. Mrs. Zapien-Ferrero asked Mr. Martin, the Board’s attorney from Lewis & Roca, if there was any reason why the Board could not conduct the business at hand in a public meeting. Mr. Martin replied that as long as the Board did not need any additional consultation with its attorney, the meeting could continue in open session. The Governing Board members reviewed the Settlement Agreement and Release of All Claims between Scottsdale Unified School District (SUSD) and the Scottsdale Educational Enrichment School (SEES), as well as the Lease Agreement between SEES (Tenant) and SUSD (Landlord). Discussion ensued with Board Members and attorney James Martin regarding clarification of different terms of the Lease Agreement. Mr. Goldstaub moved that the Board approve the Settlement Agreement and Release of All Claims, dated January 4, 2002, between the Scottsdale Unified School District and the Scottsdale Educational Enrichment School, and the Lease Agreement between Scottsdale Educational Enrichment School and Scottsdale Unified School District, dated January 7, 2002, and direct the appropriate official to sign both documents on behalf of the Board. Mrs. Newby seconded the motion. The motion was approved with a vote of 4 – 0. At 5:28 PM, Mr. Goldstaub moved to adjourn the Special Meeting. Mrs. Newby seconded the motion. The motion was approved with a vote of 4 – 0. Dated this 7th day of January 2002. The Governing Board of the Scottsdale Unified School District #48 ABSENT ______________________________ Thomas C. Carey, President ______________________________ Sandra Zapien-Ferrero, Clerk ______________________________ Shari Avianantos ______________________________ David R. Goldstaub ______________________________ Barbara A. Newby

Motion #331 Convene in Executive Session Decision to Hold Meeting in Public Session Motion #332 Approval of Settlement Agreement and Release of All Claim and Lease Agreement between SUSD and SEES Motion #333 Adjournment