e-agenda.NET

Special Meeting 04-03-13 Following Workshop
April 03, 2013


Public Opening
1. Time 4:23 p.m.
2. Attendance

Minutes: 

District 1 Mike Murgio - Present

District 2 Chuck Shaw - Present

District 3 Karen Brill - Present

District 4 Jennifer Prior Brown - Present

District 5 Frank Barbieri - Present

District 6 Marcia Andrews - Present

District 7 Debra Robinson - Present


Call to Order and Pledge of Allegiance
3. Chairman Shaw

Minutes: Chairman Shaw opened the meeting and led the Pledge of Allegiance.

Review of Minutes (if any)
4. Approval of Minutes - See Below
Attachment: Minutes 02-20-13 Attorney Client Session Re Sherrod.pdf
Attachment: Minutes 09-05-12 Attorney Client Session Re Sherrod.pdf
Attachment: Minutes 02-20-13 School Board Meeting.pdf
Attachment: Minutes 03-06-13 Special Meeting.pdf
Attachment: Minutes 03-06-13 Workshop.pdf
Attachment: Minutes 09-05-12 Workshop.pdf
Attachment: Minutes 10-31-13 Attorney Client Session Re Nash-Utterback.pdf
Attachment: Minutes 10-31-13 Workshop.pdf
Attachment: Minutes 03-13-13 School Board Meeting.pdf
Attachment: Minutes 09-05-12 Special Meeting.pdf

Motions:
I recommend approval of the minutes as submitted.- PASS
 
Vote Results
Motion: Frank Barbieri
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Chairman Adds Items for Good Cause (if any)
5. Items Added for Good Cause

Minutes: The following item was added for good cause:  PD3 Personnel Addendum

Superintendent Withdraws Items (if any)
6. Withdrawn Items - None

Board Pulls Items from Consent Agenda (if any)
7. Pulled Items

Minutes: The following items were pulled from the agenda:  LR1 Policy 5.01 Student Assignment Development 5A; Expulsion of Student 0040; PD1 Disciplinary Action for Jeffrey Burg; PR1 Boundary Recommendation for Rule Adoption and Public Hearing 2013-2014 Boundary Cycle.

Board Review and Approval of Agenda
8. Agenda Approval


Motions:
Recommend to approve agenda as is.- PASS
 
Vote Results
Motion: Michael Murgio
Second: Frank Barbieri
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Disclosures and Abstentions (if any)
9. Disclosures and Abstentions - None

Board Comments (3 minutes per member)
10. Board Comments

Minutes: Chairman Shaw mentioned he is very proud and impressed with work Ms. Brill and Ms. Andrews did in Tallahassee.  Mr. Murgio apologized for not being at next week's first Board Open Discussion Meeting.  Ms. Brill mentioned that frequent commend made by the Legislators in Tallahassee was that they would like to see more often the Board Members.  They want to hear from those implementing the policies we put together. 

Committee Reports
11. Superintendent Report - None

Agenda Items - Speakers
12. Speakers for Agenda Items - See Below

Minutes: Agenda Item Speakers:  PD1 Disciplinary Action for Jeffrey Burg (Tony Hernandez); PR1 Final Adoption for Sunset Palms (Mark Williams, Dina Wratchell, Craig Wratchell, Veronica Clark, Jody McDonald, Amanda Capece, Tammy Diaz, Christian Roman, Kendall Roman, Jodi Furman).

Consent Agenda
Legal

13. LR2 Policy 8.17 Use of Service Animals Development 5B
Attachment: 5B.pdf
Attachment: Q&A.LR2.pdf
Academics

14. CS1 - Champs Charter School at Royal Palm Beach – New Five Year Contract
Attachment: Champs - Royal Palm Beach - Legal Checklist.pdf
Attachment: Champs - Royal Palm Beach - Budget.pdf
Attachment: Champs - Royal Palm Beach - New 5 Yr Contract.pdf
Attachment: Q&A.CS1.pdf
Attachment: Q&A.CS1.1.pdf
15. CS2 - Champs Charter School at Wellington – New Five Year Contract
Attachment: Champs - Wellington - Budget.pdf
Attachment: Champs - Wellington - New 5 Yr Contract.pdf
Attachment: Champs - Wellington - Legal Checklist.pdf
Attachment: Q&A.CS2.pdf
Attachment: Q&A.CS2.1.pdf
16. CS3 - Palm Beach Academy of Science and Technology – New Five Year Contract
Attachment: PB Acad of Science & Tech - Legal Checklist.pdf
Attachment: PB Acad of Science & Tech - Budget.pdf
Attachment: PB Acad of Science & Tech - New 5 Yr Contract.pdf
Attachment: Q&A.CS3.pdf
17. Expulsion of Student 12/13-X-027
Attachment: 027R.pdf (Confidential Item)
Personnel

18. PD2 Personnel Agenda
Attachment: April 3 Special Meeting.pdf
Attachment: Resume April 3 Special Meeting.pdf

Approval of Consent Agenda
19. Consent Agenda Approval


Motions:
Motion to approve Consent Agenda.- PASS
 
Vote Results
Motion: Frank Barbieri
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Unfinished Business
20. None

New Business
Legal

21. LR3 Settlement Agreement - Brown

Minutes: General Counsel Wood gave all Board Members a copy of the settlement agreement in this case and explained it.  Mr. Ernest Brown, Band Director at Suncoast HS executed agrement with District that includes:  10 day suspension without pay, re-training of School District's Code of Ethics Policy 3.02, personalised training with District Staff on money collecting, fund raisers, and other financial policies, he acknowledged that he had not expertise in bookeeping for fundraising, not allowed to conduct any future fundraising without Area Superintendent's approval. Corrective Action was followed.  District has learned from this experience and has made pertinent changes to better support and control these activities.

Motions:
I recommend the Board approve the negotiated Settlement Agreement between Ernest Brown and The School District of Palm Beach County and authorize the Chairman and Superintendent to execute all related documents.- PASS
 
Vote Results
Motion: Frank Barbieri
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

22. LR1 Policy 5.01 Student Assignment Development 5A
Attachment: 5A.pdf
Attachment: Q&A.LR1.pdf

Motions:
I recommend the Board approve development of the proposed revised Policy 5.01. - PASS
 
Vote Results
Motion: Debra Robinson
Second: Frank Barbieri
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Academics

23. Expulsion of Student 12/13-X-040
Attachment: 040R2 Expulsion.pdf (Confidential Item)
Attachment: Q&A.Expulsion040.pdf

Motions:
I recommend the Board expel student 12/13-X-040 from the regular public school program of The School District of Palm Beach County for one (1) calendar year.  On December 17, 2012, student 12/13-X-040 was charged with battery of a School Board Employee while on the campus of Riviera Beach Preparatory and Achievement Academy.  I further recommend that the attached Final Order be adopted and entered by The School Board.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Jennifer Brown (Board)
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Motion Minutes: Chairman Shaw asked about alternative replacement and the answered.
Personnel

24. PD3 Personnel Addendum
Attachment: PD3 April 3 Personnel Addendum.pdf
Attachment: PD3 Resume April 3 Addendum.pdf

Motions:

I recommend the School Board approve the Personnel Addendum as submitted.

- PASS
 
Vote Results
Motion: Frank Barbieri
Second: Debra Robinson
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

25. PD1 Disciplinary Action - Jeffrey Burg
Attachment: ES Jeffrey Burg.pdf
Attachment: SL Jeffrey Burg.pdf

Motions:
I recommend that the School Board approve Jeffrey Burg's three (3) day suspension without pay, effective April 19, 2013 subject only to appeal under sec. 120.569, F.S.- PASS
 
Vote Results
Motion: Jennifer Brown (Board)
Second: Karen Brill
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Motion Minutes: Dr. Robinson asked for the due process issue addressed.  Ms. Green met with Mr. Byrd and Mr. Hernandez and that was opportunity to explain what happened.  Notes were taken and approved by Mr. Byrd and have been shared with the Board.  EIC is not a formal hearing, his chance to share all information is during the predetermination meeting.  Mr. Barbieri questioned why first two steps were skipped.  Ms. Gero explained that if there is clear constitute danger to District, then those steps can be skipped and in this case there was.  Dr. Robinson mentioned that if students had no access to the alcohol and it was discovered that it was accidentally left in cooler there may have been different recommendation but asked Legal to clarify due process.  Ms. Pincus explained that Mr. Byrd still has opportunity to request administrative hearing and at that time has his due process if he wishes to.
Support Operations

26. PR1 Boundary Recommendation for Rule Adoption and Public Hearing 2013-2014 Boundary Cycle
Attachment: PR1 Boundary Recommendation for Final Adoption and Public hearing 2013-14 Boundary Cycle -Board Packet.pdf
Attachment: UPDATED Q&A.PR1.pdf
Attachment: Q&A.PR1.1.pdf

Motions:

 I recommend the School Board approve PR 1 Sunset Palms Elementary Relief, with current 4th grade students attending Sunset Palms Elementary School having the option to stay for 5th grade and incoming enrolled K-3 siblings of 4th grade students having the option to stay for the remainder of their elementary years. Siblings will be reviewed and processed through the Choice Department (reassignments). Transportation is the responsibility of parents.

- PASS
 
Vote Results
Motion: Debra Robinson
Second: Michael Murgio
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Nay
Jennifer Brown (Board)- Aye
Michael Murgio- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Motion Minutes: Ms. Brill  thanked parents for contributing with their efforts, feel that this issue may come back in a couple of years.  Does not support current recommendation unless item is brought back grandfathering in the students in question, currently enrolled in school.  Dr. Robinson inquired about class size reduction. Superintendent Gent said that through our new policy, it appears there will be capacity and if there are seats available then these children will be able to apply with a reassignment having first priority.  Will ask staff to monitor enrollment in Charter Schools and if seats are available, these students will be able to stay there.  Ms. Andrews wanted this item withdrawn and this school given a waiver but then in discussing with Superintendent she was under the understanding that everything possible will be done for these children which will allow her to support.  Dr. Robinson would like answer for class size reduction.  Ms. Garrison said Legislature only changes penalties not constitution.  Ms. Brown thanked parents for their engagement in this matter and is sure that these kids, with the support from the parents, will be able to graduate career ready.  If we don't get a handle on these charter schools and their ability to open anywhere, we will have a lot more of these issues.  Challenge on priorities on how we deal with our inability to know where charter schools are opening and asked Chairman Shaw to communicate with Vern Crawford again.  Ms. Brill said that School District is driving these parents to move their kids to charter schools.  Asked for these parents to have an assurance that they can be grandfathered in.  Numbers are not verified, there are still boundary jumpers, asked Staff when will numbers be issued.  Ms. Garrison based on Superintendent recommendation and discussion today, survey for parents that want to stay will go out tomorrow, after policy is adopted work with be done with school on registration.  Charter Schools are not required to tell us which children apply but they are cooperating with their data and numbers and they are being monitored every few days.  Mr. Harris mentioned that Champs was approved tonight and they will have students in TERMS soon.  Mr. Murgio wants to know how to deal with issue long term.  How to utilize spaces in the future as to not to move people every few years.  Ms. Brill thanked Ms. Garrison and Mr. Wittman who have been extremely responsive with parents.  Mr. Barbieri also thanked Ms. Garrison and Mr. Wittman for their cooperation in assuring accuracy of numbers.  Would like Superintendent's assurance that these kids will be able to stay there in order for him to vote for this.  Right now we have a development being built in Delray and no plans for an elementary school, School Administration needs to get involved.  Ms. Brill would like Staff reach out to parents with process of applying and their complete understanding.  Dr. Robinson thinks that Superintendent has satisfactorily resolved this issue this time but recommends we avoid elementary schools moving more than once, maybe by changes in policy and talk to County again, Dr. Robinson thought County would not approve construction without working with School District.  Chairman Shaw is making his decision based on Policy and not based on addressing Comunity and putting communities against each other about who gets moved, never faced the Charter School issue before. We need to make decision based upon public policy.

Adjourn
27. Time 5:33 p.m.


Motions:
Motion to Adjourn Meeting.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Michael Murgio
Debra Robinson- Aye
Chuck Shaw- Aye
Marcia Andrews- Aye
Frank Barbieri- Aye
Karen Brill- Aye
Jennifer Brown (Board)- Aye
Michael Murgio- Aye







Secretary

Chair