E-Agenda: Paperless Meeting System
Meeting Date: Wednesday, January 25, 2006


spacer graphic spacer graphic spacer graphic spacer graphic PALM BEACH COUNTY SCHOOL BOARD SPEC MTG RE: CHRTR SCHLS/ALT ED MINUTES

Special Meeting/Workshop

  1. Start Time: 5:00 p.m.
  2. Public Comments:

  3. Minutes: Public Comments: Dennis Koehler; Randy Stafford; Dwayne Wolter; Hamid Faquire; Matt O'Connor; Mitchell Thomas; Barbara Donoghue; Rashad Dansby; Mary Burns; Jessica Mitchell; and Cindy Adair

  4. Consider termination of the Survivors Charter School, Inc. d/b/a /Survivors Charter School of West P

  5. Minutes: For the Record: Mrs. Burdick participated in this meeting via telephone.

    The School Board approved a ten (10) year charter of Survivors Charter School of West Palm Beach
    on June 21, 2001 and the term is from July 1, 2001 to June 30, 2011.

    Section 1002.33 (8) (d) F.S., states that a charter may be terminated immediately if the sponsor determines that "good cause" has been shown or if the health, safety, or welfare of the students is threatened. The School District in which the charter school is located shall assume operation of the school under these circumstances.

    However, the Charter Agreement states - "This Charter may be terminated immediately upon twenty-four (24) hours notice if the Sponsor determines that good cause has been shown or the health, safety, or welfare of the students is threatened. The Sponsor may assume the operation of the school under these circumstances for a period of time as determined solely and exclusively by the Sponsor."

    The Audit Committee met on January 13, 2006, and accepted the Audit Findings stated in the Audit Report of the District's Audit Department. The Committee recommended that the Findings be submitted to the Internal Revenue Service, the State Attorney's Office and deferred to staff for further recommendations.

    In addition to the recommendations of the Audit Committee, the Chair, the Superintendent or his designee shall have the authority to execute and file any and all documentation necessary to incorporate a public not-for-profit corporation titled "Assumption of Operation of Charter School of Palm Beach County, Inc."

    Furthermore, the Chief Counsel or his designee shall have the authority to institute any necessary litigation in order to assume and continue the operation of the school and the Superintendent or his designee shall have authority to execute any and all documentation related to any litigation in this matter. The Chief Counsel or his designee shall have full authority to secure any property of the District including property purchased with public funds as well as public funds allocated to the school.

    The Charter School's Governing Board may, within fourteen (14) days after receiving the sponsor's decision to terminate the charter, appeal the decision to the State of Education, pursuant to Section 1002.33(6), F.S.

    Dr. Johnson thanked the parents and students for coming out to support their school. Dr. Johnson stressed that this is not an easy recommendation, but is necessary due to the schools unwillingness to address the issues. Dr. Johnson stated that his intention is to leave students and staff in place.

    Mr. Lynch stated his concerns that the abuse has been going on for a long time and felt the oversight of the Board was not there when it was needed.

    Dr. Robinson requested information last week on the number of students who received standard diplomas or Certificates of Attendance (from both schools) since they opened and was told today that the information she received was not verified. Dr. Robinson requested the correct information be provided to her as soon as possible.

    At Dr. Robinson's request, Mr. Williams reviewed the statutes regarding due process.

    At Dr. Richmond's request, Dr. Johnson summarized the process the District would follow should there be an appeal.

    Dr. Benaim stated that he made a commitment to his constituents and taxpayers and feels because of the gravity of what has occurred he fully supports this recommendation.

    Mr. Graham reminded Board Members that both the District's internal Audit Department and the external auditors have stated the issues were severe enough to take action.

    Cindy Adair, Audit Committee Chairperson, stated that she attended several of the Survivors Charter School Board Meetings and feels the school was unwilling to address the issues.

    Point of Information: Dr. Robinson inquired if this recommendation is approved today, could it be brought back to reconsider at a later time by someone on the prevailing side and Mr. Williams responded that it could. Dr. Robinson followed by asking Mr. Williams if it would be necessary for the Superintendent to place a motion for reconsideration on the agenda. Mr. Williams responded that a Board Member could bring forward a motion to reconsider without the Superintendent placing it on the agenda.

    Dr. Robinson stated that if the information she requested reflects student gains, she will bring this recommendation back to reconsider.



    Motions:
    Due to the severity of the Audit Findings, I recommend immediate termination for-PASS
    Vote Results:
      Motion: Monroe Benaim
      Second: Bill Graham
      Tom Lynch-Aye
      Sandra Richmond-Aye
      Paulette Burdick-Aye
      Monroe Benaim-Aye
      Mark Hansen-Not Present
      Debra Robinson-Aye
      Bill Graham-Aye

  6. Consider termination of the Survivors Charter School, Inc. d/b/a /Survivors Charter School of Boynto

  7. Minutes: The School Board approved a ten (10) year charter of Survivors Charter School of Boynton Beach
    on June 21, 2001 and the term is from July 1, 2001 to June 30, 2011.

    Section 1002.33 (8)(d) F.S., states that a charter may be terminated immediately if the sponsor determines that "good cause" has been shown or if the health, safety, or welfare of the students is threatened. The School District in which the charter school is located shall assume operation of the school under these circumstances.

    However, the Charter Agreement states - "This Charter may be terminated immediately upon twenty-four (24) hours notice if the Sponsor determines that good cause has been shown or the health, safety, or welfare of the students is threatened. The Sponsor may assume the operation of the school under these circumstances for a period of time as determined solely and exclusively by the Sponsor."

    The Audit Committee met on January 13, 2006, and accepted the Audit Findings stated in the Audit Report of the District's Audit Department. The Committee recommended that the Findings be submitted to the Internal Revenue Service, the State Attorney's Office and deferred to staff for further recommendations.

    In addition to the recommendations of the Audit Committee, the Chair, the Superintendent or his designee shall have the authority to execute and file any and all documentation necessary to incorporate a public not-for-profit corporation titled "Assumption of Operation of Charter School of Palm Beach County, Inc."

    Furthermore, the Chief Counsel or his designee shall have the authority to institute any necessary litigation in order to assume and continue the operation of the school and the Superintendent or his designee shall have authority to execute any and all documentation related to any litigation in this matter. The Chief Counsel or his designee shall have full authority to secure any property of the District including property purchased with public funds as well as public funds allocated to the school.

    The Charter School's Governing Board may, within fourteen (14) days after receiving the sponsor's decision to terminate the charter, appeal the decision to the State of Education, pursuant to Section 1002.33(6), F.S.



    Motions:
    Due to the severity of the Audit Findings, I recommend immediate termination for-PASS
    Vote Results:
      Motion: Monroe Benaim
      Second: Bill Graham
      Tom Lynch-Aye
      Sandra Richmond-Aye
      Paulette Burdick-Aye
      Monroe Benaim-Aye
      Mark Hansen-Not Present
      Debra Robinson-Aye
      Bill Graham-Aye

  8. Education Alternatives Update

  9. Minutes: The Department of Educational Alternatives is breaking new ground as we raise expectations for our students, and create new, and varied program offerings, to meet the needs of at-risk youth in Palm Beach County.

    In our Board presentation we will provide updated information regarding all of the programs available; the challenges presented by change, as well as our plans for continuous improvement in the future.


  10. Adjourn: 6:15 p.m.

   
                                             
   
   
   
                                           
   

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