06-15-2010 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, June 15, 2010, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in The Eagle newspaper on Thursday, June 10, 2010 and the affidavit of publication with a copy of the ad attached is filed in the Affidavit File in the Board Office.

A-1. Call to Order
1. Call to Order

Minutes: Chairman Kneessy called the School Board meeting of June 15, 2010 to order at 5:30 p.m.

A-2. Roll Call
2. Roll Call

Minutes: Members Present: Robert Jordan, Dr. Barbara Murray, Amy Kneessy, Karen Henderson, Andy Ziegler

A-3. Invocation
3. Invocation

Minutes: Christine Davis, Director of District Communication, led the Invocation.

A-4. Pledge of Allegiance
4. Pledge of Allegiance


Ms. Davis led the Pledge of Allegiance.

A-5. Entertainment
A-6. Emergency Item
A-7. Adoption of Agenda
5. Adoption of Agenda


Dr. Binggeli read the following changes in to the agenda:

Consent Addition:
F-18.   Job Description: Area Coordinator

Consent Revision:
F-45.    Reappoint School Board Representatives to Three Local Planning Agencies

Information Revisions:
H-60.   School Resource Officer Agreements
H-61.   Office of Program Policy and Government Accountability 2009-2010 Best Practices for Safety and Security Annual Self-Assessment.


Approve the adoption of the agenda for the School Board Meeting of June 15, 2010 and its revisions.- PASS
Vote Results
Motion: Barbara Murray
Second: Karen Henderson
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

B. Recognition of Visitors/Guests
B. Adult/Community Education

6. Announcement of Grant Award from United States Department of Education


Dr. Brian Binggeli introduced Betty Dunn, Assistant Superintendent of Student Services, who announced the grant award of $3,080,000. from the United States Department of Education for the 21st Century Learning Communities for "Art Explorers" for the next five years.

The following schools will be participating in the South Area in the 2010/2011 school year:

Roy Allen Elementary
Palm Bay Elementary
Riviera Elementary
Port Malabar Elementary
University Park Elementary

John Wigley, Director of Adult and Community Education, introduced the employees that made this grant a possibility for the students of Brevard County.

Barbara Clift, Lead Grant Writer for Adult/Community Education, who gave an overview of Florida's 21st CCLC Grant process.

Jackie Francisco, Project Manager 21st CCLC Grants, who gave an overview of existing grants; Zoo and Space Explorers.

Debi Embry, Coordinator School Age Child Care Programs, who gave an introduction of the new "Art Explorer" grant and the benefits that it will provide the students of Brevard County. She introduced the following collaborative business partners who will provide services to the district:

Pablo Remonsellez- Community Services Coordinator for Brevard Cultural Alliance
Daryl Owens - Brevard Achievement Center
Jean Atkins Snyder and J. W. Snyder - Blue Chair World through Florida Institute of Technology

Mr. Wigley presented the grant check to Chairman Ms. Kneessy and Dr. Binggeli.

Dr. Binggeli stated that these grants are extremely competitive and Brevard gets more of their share due to the hard work of the employees involved. He went on to state some of the services that our students will receive that they would not have been able to get due to finances. Dr. Binggeli thanked all of the people that made this grant possible.



B. Educational Technology

7. 2010 ATTAIN Excellence in Technology Recognition Program


Steve Muzzy, Assistant Superintendent of Educational Technology, made a few opening comments regarding ATTAIN (Achievements Through Technology And Innovation) before introducing Matt Frey, Educastional Training and Customer Service Manager.

Mr. Frey gave a brief presentation on ATTAIN and informed the Board on what compels the district to seek out and to recognize systemic instructional technology integration. He announced the nine schools who have earned the distinction of becoming the 2010 class of ATTAIN honorees.

Dr. Binggeli and Chairman Kneessy presented a plaque, banner and a $1500. check to the following school principals and tech:

Apollo Elementary - Principal Pamella O'Kell; Cindy Simorelli, Tech. Specialist                           
Cocoa High School - Principal Dr. Stephanie Soliven; Jon Lay, Tech. Specialist
Hoover Middle School - Principal Barbara Rodrigues; Laurie Chalko, Tech. Specialist
Manatee Elementary - Principal Carl Brown; Barrett Puchas, Tech. Specialist
Meadowlane Intermediate - Principal Kerri Nash; Sharon Dwyer, Tech. Specialist
South Lake Elementary - Principal Dr. Nancy Nichols; Brian Bohlman, Tech. Specialist
Stone Middle School - Principal Andy Johnson; Gordan Shupe, Tech. Specialist*
Suntree Elementary - Principal Lisa Larkin; Gerry Sprengle,Tech. Specialist
West Shore Jr./Sr. High School - Asst. Principal Jim Melia; Teri Friend, Tech. Specialist



C. Resolutions/Proclamations
D. Presentations
D. Financial Services

8. Legislative Review


Dr. Binggeli introduced Judy Preston, Associate Superintendent of Financial Services, who made some opening comments before introducing the presenter, Jim Hamilton, Mixon and Associate.

Mr. Hamilton gave the Board an update on the Legislative Review and the Class Size Amendment.

Discussion ensued between the School Board Members and Mr. Hamilton regarding the communication breakdown between the Legislature and the School Boards. They also discussed the Sunshine Law.


9. Budget Presentation


Ms. Preston updated the Board on the budget outlook for Brevard Public Schools. She covered three areas in her presentation.

  1. Update on Tax Roll for Brevard
  2. Three Major Statewide Funding Issues
  3. Timeline and Next Steps

E. Public Discussion
10. Public Discussion


The Chairman reminded the public that there is a maximum allotted time of three minutes per speaker set aside for discussion. She also stated that the Board would not respond in a timely manner. The following person(s) addressed the Board:

  1. Mark Witherspoon, Melbourne - Out-of-Area Students
  2. Michael Howard, Mims - Out-of-Area Students
  3. Robbin Howard, Mims - Out-of Area Students
  4. Dennis Wills, Melbourne - Out-of-Area Students
  5. Dan Bennett, BFT, Rockledge - Human Resources

F. Consent
F. Board Office/Superintendent

11. Approval of Minutes
F. Financial Services

12. Financial Statements with Operating Budget Amendment for the Period Ending April 30, 2010
Attachment: April 2010 Financials.pdf
Attachment: Budget Amendment #8 April 30 2010.pdf
Attachment: Budget Amendment #8 Explanations April 30 2010 updated.pdf
F. Accounting Services

13. Warrants Written for the Month of May, 2010
Attachment: May 2010 Warrants.pdf
F. Purchasing & Warehouse

14. Purchasing Bids, RFPs, RFQs, ITNs, Sole Source Purchasing Requests and Sales and Services Agreements
Attachment: ITB 10-024BP Print Press.pdf
Attachment: RFP 10005JO - Emergency Response & Disaster Recovery Services.pdf
Attachment: SSA #1012 - Kinderstreet - Adult Ed.pdf
15. Property Disposal
Attachment: JUN_15_10.pdf
F. Human Resources

16. Support Staff Recommendations
Attachment: Support Staff 06-15-10.pdf
17. Instructional Staff Recommendations
Attachment: Instructional Staff 06-15-10.pdf
F. Certification & Instructional Professional Development

19. Brevard County Athletic Coaching Endorsement Program
Attachment: Athletic Coaching End Pgm 2005-2010 rev 11-11-05.pdf
20. Brevard County ESOL Endorsement Program
Attachment: Endorsement Program ESOL 2005-2010.pdf
F. Curriculum & Instruction

21. Title II, Part A Grant Application
F. Title I/Early Childhood Education

22. Application for Title I Part A Funds
Attachment: TI Sch with poverty levels.pdf
23. Kindergarten Report Card
Attachment: Kdg Report Card.pdf
Attachment: Kdg Report Card Parent Guide.pdf
24. Supplemental Educational Services Provider/District Contract
Attachment: SES Contract 2011.pdf
25. Florida First Start Contract for FY11
Attachment: FFS Contract FY 2010 - 2011.pdf
26. Interagency Agreement with Eckerd Youth Alternatives
Attachment: eckerd page 1.pdf
Attachment: eckerd page 2.pdf
F. Adult/Community Education

27. 21st Century Community Learning Center Grant 2010-2011 (Art Explorers)
Attachment: Brevard County .pdf
F. Career & Technical Education

28. 2010-2011 Carl D. Perkins Career and Technical Education Improvement Act (Perkins IV) Grant Application
Attachment: 2010-11 Perkins Agenda Summary.pdf
F. Student Services

29. Application for Title X, Part C, Homeless Children & Youth Grant, 2nd year
F. Alternative Sites

30. Memorandum of Agreement between Brevard Public Schools and Cby25 Initiative Inc.
Attachment: School District agreement Guidance Counselor.pdf
31. Brevard Public Schools and The Children's Center Interagency/Lease Agreements
Attachment: Children's Center Lease Agreement 2010.pdf
Attachment: Children's Center Interagency Agreement 2010.pdf
32. Title I, Part D Subpart 2, Local Agency Delinquent Program
Attachment: Title 1, PtD, Grant Appl.10-11 Final.pdf
F. Exceptional Education

33. Amendment to American Recovery and Reinvestment Act (ARRA) 2009
Attachment: 150 for July 2010 ARRA Amendment.pdf
Attachment: 151-July 2010 ARRA Amend..pdf
34. 2010-2011 Cooperative Agreement with Recording for the Blind and Dyslexic (RFB&D)
Attachment: RFB&D Contract FY 11 Brevard.pdf
35. Multi-Agency Contract Agreements to Serve Brevard Public School Adult Students with Disabilities
Attachment: ECCI2010-201.pdf
Attachment: BehaviorServ.ofBrev. 2010-201.pdf
Attachment: Easter Seals Florida, Inc.Template 2010-201.pdf
Attachment: BAC-AWD 2010-2011 Contract.pdf
Attachment: BRIDGES 2010-201.pdf
36. 2010-2011 Contract Agreement with Brevard Achievement Center (BAC) to Serve Students with Disabilities in Brevard County
Attachment: BAC Contract Agreement 2010-11.pdf
37. 2010-2011 Grant Application for Individuals with Disabilities Education Act (IDEA) Entitlement
Attachment: IDEA Pt.B, Entitlement-PreKEntitlement 10-11.pdf
F. Area I Superintendent

38. Southwest Middle School Trip to the 2010 National Technology Student Association Conference in Baltimore, Maryland
Attachment: SWMS - TSA Conference - June-July 2010.pdf
Attachment: SWMS - TSA Conference - Additional EGHS student.pdf
F. Area III Superintendent

39. Cocoa High Football Team - Field Trips to the Rally at the Wolvarena Football Classic in Pittsburg, PA and the Florida VS Texas Football Classic in Dallas, TX
Attachment: CHS Football Itineraries.pdf
40. Cocoa High FIRST Robotics Field Trip - Indiana Robotics Invitational in Indianapolis, IN
Attachment: Robotics Indiana Invitational.pdf
F. Area IV Superintendent

42. Approve Riverview Elementary Dress Code Change
Attachment: Microsoft Word - DRESS CODE CHANGE memo.pdf
F. Facilities Services

43. 2010 Performance Contracting Initiative
Attachment: ITN - DEFINITION Process 5-6-10.pdf
Attachment: Executive Summary R1 5-6-10.pdf
Attachment: Performance Contracting FAQ 5-6-10.pdf
Attachment: PC Conservation Measures Matrix 5-6-10.pdf
F. Project Management

44. 2010 Educational Plant Survey
Attachment: Guide.pdf
Attachment: 2010 Educational Plant Survey.pdf
45. Reappoint School Board Representatives to Three Local Planning Agencies
F. Approval of Consent

46. Approval of Consent Agenda

Approve the consent agenda with the exception of those pulled for discussion.- PASS
Vote Results
Motion: Barbara Murray
Second: Robert Jordan
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Items Pulled for Discussion
F. Compensation & Benefits

18. Job Description: Area Coordinator
Attachment: Coord-Area.pdf

Dr. Murray pulled this agenda item to discuss her concerns about adding additional administrators at the top when the district has just undergone Tier 1 budget cuts. She noted that she cannot support adding any additional personnel at this time.

Dr. Murray stated her concerns about the qualifications of the Area Coordinator and the possibility of having an inexperienced teacher in this position. She mentioned that she respects the decision of Dr. Binggeli and the need to reorganize but feels that it is bad business to add postions at the top when the district has teacher positions on the line.

Ms. Kneessy responded by stating she would like to make sure the requirements meet the responsibility of the position. She also stated she agreed with the additional positions since the district is going from four Area Superintendents to three and with all that is going on there needs to be visibility in the schools.

Dr. Binggeli answered Ms. Kneessy's question on what schools are going with what Area Superintendent and discussed with the Board the reasoning behind the decision and the overall savings of $100,000 with the reorganized structure.

Ms. Henderson stated she agreed with recommendation to be able to give Dr. Binggeli the opportunity to structure the organization in a way that it would benefit his job and the district with his vision.

Approve the Area Coordinator job description. - PASS
Vote Results
Motion: Karen Henderson
Second: Andrew Ziegler
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Nay
Andrew Ziegler- Aye

F. Area IV Superintendent

41. Request a More Restrictive Dress Code at McNair Magnet School
Attachment: 20100512095421.pdf

Ms. Kneessy pulled this agenda item to ask if these are the only changes that the Board will see regarding the dress code and all other schools will be following the dress code policy.

Dr. Binggeli requested that the area superintendents respond to Ms. Kneessy's question to which Dr. Bobay, Area IV Superintendent, responded in the affirmative.

Dr. Binggeli took this opportunity to congratulate Eva Lewis and Lynn Rinehart on their retirement and thanked them for their many years of service to Brevard Public Schools.

Dr. Binggeli also congratulated Mark Mullins as the newly appointed Area Superintendent for the South Area schools. Mr. Mullins took this opportunity to introduce his family.

Ms. Kneessy recognized a group of history students from the University of Central Florida (UCF).

Ms. Kneessy called for a video break at 7:51 p.m.
The School Board meeting reconvened at 8:00 p.m.


Allow McNair Magnet Schools dress code committee's recommendation that all flip-flop type shoes be banned unless they have a heel strap in place. - PASS
Vote Results
Motion: Robert Jordan
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Robert Jordan- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

G. Action
G. Board Office/Superintendent

47. Adoption of New Policy 6701 - Charter of Internal Audit
Attachment: Attachment #2 Audit Committee Charter Bistline 3-11-10.pdf
Attachment: Attachment #3 Audit Committee Charter Combined 4-29-10.pdf
Attachment: Attachment #1 Audit Committee Charter Raphael 12-8-09.pdf

Request the Superintendent to advertise for a public hearing and approve the recommendation of the Superintendent and the School Board Attorney to adopt version 2 as School Board Policy 6701.- PASS
Vote Results
Motion: Robert Jordan
Second: Karen Henderson
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Nay

Motion Minutes: 

Mr. Ziegler stated he believed that both sides are right but there is a disagreement of making it work because of an emergency situation with we can't resolve with the Audit Committee because of the sunshine laws. Mr. Ziegler went on to explain his concerns about the recommendation.

Mr. Bistline stated that he and Dr. Binggeli feel very strongly that the Board should adopt version 2.

Discussion ensued between the Board, Superintendent and Mr. Bistline regarding the different versions of School Board Policy 6701 and not to tie the hands of the Superintendent when an emergency audit needs to be requested. 


H. Information
H. Educational Leadership & Professional Development

48. Renewal of Consulting Agreement with Robert L. Donaldson, Sr.
Attachment: 20100525083020.pdf

Ms. Henderson pulled this agenda item to ask if the district has anyone else to be able to mentor new principals and did we look for a better rate this year due to budget cuts.

Dr. Binggeli responded by explaining the invaluable service that Mr. Donaldson has provided to the district.

Dr. Murray stated that she cannot support this recommendation and have voted against this every year she has been on the Board. She mentioned that the Board just voted in three new Area Coordinators positions to help with evaluations and input so we are now covered more then ever on mentoring new principals. Dr. Murray also stated that her ears in the district do not have the same rave reviews as Dr. Binggeli's do, with all respect.

Mr. Jordan stated that he always supported the recommendation because it is important not to cut training to keep up the quality of the business.

Dr. Murray stated that she agrees with Mr. Jordan regarding business but believes that the district has the depth with our own ranks.

Ms. Kneessy suggested the Board make some phone calls to get some up-to-date information from their resources and find out what building principals and staff are feeling about this topic.

Ms. Kneessy stated there has been enough concerns that have been raised tonight especially with the addition of the Area Coordinator positions. She also mentioned that when the process started with Mr. Donaldson, it was a different set of circumstances. It was difficult to find principals, let alone train them.

Dr. Binggeli mentioned this agenda item will be going for consent on June 24, 2010.

Ms. Kneessy and the Board requested that the agenda item be moved to the School Board meeting of July 20, 2010.


H. School Choice

49. Palm Bay Academy Charter School Follow-Up Report Conducted by RSM McGladrey
Attachment: Follow-up Palm Bay Academy School Final Report.pdf

Ms. Kneessy pulled this agenda item to update the Board regarding Palm Bay Charter School.

 Ms. Kneessy stated that in reading the report by RSM McGladrey that Palm Bay Academy has a cavalier indifference to their financial responsibility. She explained the questionable practices of the Charter.

Ms. Kneessy requested the Board take action and give Palm Bay Academy Charter a 90 day notice. She requested Mr. Bistline to elaborate what the district's legal obligation, why this is such a big issue and legal process if the Board moves toward the termination of the charter.

Mr. Bistline explained to the Board that there will have to be a notice drafted to Palm Bay Academy Charter outlining every deficiency and provide the process to them and give them 90 days to comply. He stated, with the Boards direction, Ms. Mace, Ms. Preston, and himself will begin the process.

Dr. Murray stated she was going to suggest the 90 day notice as well.

Ms. Henderson asked for clarification. Mr. Bistline stated the Statute requires the district to give a communication outlining with specificity every area they are deficient in and advise them that they have 90 day to correct them or the Board will consider termination their Charter.

Each of the Board Members gave their opinion after reading the report of RSM McGladrey.

Vicki Mace, Director of Choice Schools, explained to the Board what has transpired between the school and the district. She mentioned that they are a financially solvent school.

Ms. Kneessy stated there is a possibility that the district could lose and the reason she is adamant about moving forward with the action of a 90 day notice is due to the improper distribution of funds.

Ms. Kneessy pointed out to the Board that Madhu Longani, Prinicpal of Palm Bay Academy Charter, was aware that the Board would be speaking on this tonight and she chose not to be in attendance.

Ms. Mace stated Ms. Longani was notified by fax and certified letter this would be an agenda item but was not sure if she had a formal invitation.

Ms. Preston spoke about the debt and the bond issuance of Palm Bay Academy Charter and the past history the issues that have not been attended to.



H. Title I/Early Childhood Education

50. 2010-2011 Even Start Continuation Application
Attachment: Executive Summary for Even Start Grant 2010-11.pdf
H. Middle School Programs/K-12

51. Florida Educational Equity Act Annual Update -- 2009-2010
Attachment: 2009 2010 Equity Final Draft Thedy 05 28 10 A.pdf
H. Student Services

52. Contracted Services Agreement for Students-in Transition (Homeless Students)
Attachment: CHS Contract 2011.pdf
53. Lease Agreement with Melbourne Auditorium
Attachment: Melbourne Auditorium Lease Agreement.pdf
H. Exceptional Education

54. Adults with Disabilities Grant Application 2010-11
55. Contracted Services Agreement with Dr. Bradley Greene, Quality Schools Consultant and Trainer
Attachment: BradGreene-Oct2010-Oct2011.pdf
56. Contracted Services Agreement with Thinking Maps, Inc. to Provide Training in October 2010 and March 2011
Attachment: ThinkingMaps2010-11 Trainings.pdf
Attachment: Attachment for Consultant Agreement for 2010-11.pdf
H. Project Management

57. Close the Viera High School Project


Mr. Jordan pulled this agenda item to get clarification on the loan for the concession stand at Viera High School.

Dane Theodore, Director of Planning and Project Management, explained to the Board the reasons why Viera High took out a loan to pay for the concession stand.

58. Alternatives for Revisions to Policy 7120
Attachment: Proposed Policy 7120 Revisions.pdf
Attachment: Alternatives for Revisions to Policy 7120.pdf
Attachment: Out-of-Area Employees Data.pdf

Dr. Murray clarified information that had been erroneously written in Florida Today regarding her position on whether employees should be allowed to bring their children to the school that they are employed.

Ms. Kneessy gave her opinions on the misconceptions that are being talked about in the community regarding out-of-area students. She also voiced her opinion in regard to the employees not having a raise for the past two years and if this is the only perk that we can give them then she fully supports it.

Ms. Henderson said that she did a little bit of research to truly understand what the number of out-of-area enrollment for employees. In statistics, we are talking about four percent of employees talking advantage of the districts out-of-area policy. 

Mr. Ziegler stated that he supports the employee preference decision on the out-of-areas. He mentioned that he supports the neighborhood concept but does not support having a bill that forces students to go to the closest school.

Mr. Jordan stated that there is a negative effect with giving the Board too many options regarding the out-of-area employee preference. He stated how valuable our employees are and that we should allow employee preference.

 Discussion ensued amongst the Board regarding employee preference for out-of-area students.

Mr. Theodore went through the alternatives for revisions to Policy 7120.

The Board decided that the changes to the employee preference on the out-of-area students will not take effect until 2011-2012 school year.



H. Plant Operation and Maintenance

59. Request the Use of Capital Fuel Tax Fund 390
H. District Security

60. 2010-2011 School Resource Officer Agreements
Attachment: 2009-10 Unilateral Reimbursement SRO Contracts 5 21 09 (2).pdf
61. Office of Program Policy and Government Accountability 2009-10 Best Practices for Safety and Security Annual Self-Assessment
Attachment: 2009 2010 OPPAGA Final Report 6 14 10.pdf

I. Staff Reports
62. Staff Reports

Minutes: There were no staff reports.

J. Additional Public Presentations (If Required)
63. Additional Public Presentation(s)

Minutes: There were no additional public presentation(s).

K. Board Member Reports
64. Board Member Reports


Mr. Ziegler requested additional information on active military and veterans preference.

Ms. Mace took this opportunity to explain the law on military preference in regard to choice programs.

Mr. Ziegler reminded the Board about the dodge ball game on Saturday, June 19, 2010 at Viera High School.

Ms. Kneessy discussed with the board the potential of several workshops.

  1. Audit Committee and the School Board are in the process of scheduling a joint workshop. The tentative meeting date at this time is July 29, 2010. More information will be forthcoming.
  2. Ms. Kneessy questioned the Board on whether there was still a need to have a workshop on purchasing. She stated that she is comfortable with the information that has been provided to the Board. The Board decided not to hold a workshop on purchasing.
  3. Ms. Kneessy requested the Board have a workshop on Ethics this falls. The district will show the Board how ethics complaints are handled and make sure the complaints are being handled the way that the Board wishes.

Ms. Kneessy requested the Board look at the GED policy. She mentioned she had additional questions after reading the three reasons why we would allow students to take the GED. Ms. Kneessy asked why the district is trying to keep people from being able to pursue education, in alternate way, when our traditional high school is not working for them.

Ms. Kneessy stated that she has concerns about how we lobby our legislators and what the district is receiving for the money that we are paying. She requested that each of the Board Members do some research at the FSBA Conference by asking other Board Members from other counties how they stay in contact with their legislators, what are they doing for lobbying purposes and what it is cost their district. Brevard County pays $2,000 per month plus expenses for Mixon and Associates, Inc.


L. Superintendent's Report
65. Superintendent's Report

M. Adjournment
66. Adjournment

Minutes: The School Board Meeting of June 15, 2010 was adjourned at 9:16 p.m.