07-10-2012 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, July 10, 2012, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in The Eagle newspaper on Thursday, July 5, 2012. 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 Dr. Barbara Murray called the School Board Meeting to order at 9:05 a.m.

A-2. Roll Call
2. Roll Call

Minutes: Members Present: Dr. Michael Krupp, Dr. Barbara Murray, Amy Kneessy, Karen Henderson, Andy Ziegler

A-3. Invocation
3. Invocation


Christine Davis, Coordinator of Choice, Charter, & Strategic Planning, read the Invocation.

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

Minutes: 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 into the agenda:

Consent Addition
Entry of Final Order in Brevard County School Board v. Mark Ostermeier: DOAH

Consent Revision
F-11.  Information Related to Voter Referendum
F-16.  Support Staff Recommendation

Approve the agenda from the School Board Meeting of July 10, 2012 and its revision.- PASS
Vote Results
Motion: Amy Kneessy
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

B. Recognition of Visitors/Guests/Staff
B. District Communications

6. Certified Board Distinction


Dr. Binggeli presented a plaque to the Board Members for being recognized from the Florida School Board Association  as one of only 12 school boards in Florida to currently hold this prestigious award.


B. Educational Leadership & Professional Development

7. National Model Schools of Professional Learning Communities at Work


Dr. Binggeli introduced Debra Pace, Associate Superintendent of Human Resources, who gave background information on the National Model Schools of Professional Learning Communities at Work.  She mentioned that Brevard Public Schools (BPS) currently has 20 PLCs and explained what the schools needed to accomplish to achieve this status.  Ms. Pace noted that on the BPS Strategic Plan, ninety percent of schools will become National Model Schools of PLCs at Work by 2015 as an outcome indicator.  Ms. Pace stated that with the addition of our newest recipient, 23 percent of our schools hold this designation.

Chairman Dr. Barbara Murray and Dr. Binggeli presented a framed certificate and a uniquely designed banner to recognize Westside Elementary School - Principal Elaine Passanisi for the leadership, hard work, and commitment that Westside has exhibited in becoming a National Model Schools of PLCs at Work.

C. Resolutions/Proclamations
D. Presentations
D. School Food & Nutrition

8. New Meal Pattern Update
Attachment: Final Board Meeting - New Meal Pattern July 10 2012.pdf

Dr. Binggeli introduced Kevin Thornton, Director of Food Services, who presented the School Board and the viewing audience with the federal government changes with the New Meal Pattern.

Mr. Ziegler questioned how the federal government was going to monitor compliance and how the district tracks reimbursable meals so they know that we are in compliance.  Mr. Thornton stated that we currently track reimbursable meals on a daily basis as the student goes through the line and production records to prove that we are meeting the requirements.

Discussion ensued amongst the Board, Dr. Binggeli, and Mr. Thornton as it relates to the new requirements, the higher potential of food waste and the amount of students served for reimbursable meals.  Dr. Binggeli stated that Brevard is amongst the lowest in lunch prices in the state of Florida.  Mr. Thornton confirmed.

Ms. Henderson requested that Food Services track the decrease in the number of lunches sold.

Dr. Krupp stated that amount of students on free and reduced lunch have been going up with this economy and to expect the a la carte revenue to pay for all these mandates for breakfast and lunch is not fair.  Mr. Thornton states that the breakfast mandate is one more year out - (2013-14) and that in years past there was only a minimum level of calories and now there is a minimum and a maximum which is part of the problem Food Services is running into. 

Dr. Murray reiterated what Dr. Binggeli stated about Brevard Schools holding the line on raising lunch prices for 19 years.  She stated that it is another example of how we are serving our community which is very commendable.

Dr. Murray thanked Mr. Thornton for updating the Board on the New Meal Pattern.

E. Public Discussion
9. Public Discussion


Chairman Dr. Barbara Murray reminded the public that there is a maximum allotted time of three minutes for each speaker.   She also stated that the Board will not respond to the comments or requests this evening but the Superintendent of Schools will investigate and respond in a timely manner.

1.  Wendi Nolder, Palm Bay - Odyssey Charter School
2.  Cindy Gilmore, Palm Bay - Odyssey Charter School
3.  Brent Christensen, Palm Bay - Odyssey Charter School
4.  Constance Ortiz, Palm Bay - Odyssey Charter School

Dr. Murray thanked the speakers for their willingness to speak before the Board.

F. Consent
F. Financial Services

10. Financial Statements for the Period Ending May 31, 2012
Attachment: May 2012 Financials.pdf
F. Accounting Services

12. Warrants for the Month of May, 2012
Attachment: Warrant List - May 2012.pdf
F. Purchasing & Warehouse

13. Property Disposal
Attachment: July 10 Board List 1.1.pdf
14. Purchasing Bids, RFP's, RFQ's and Sales & Services Agreements
Attachment: RFP 12007BP VIP Agenda Item.pdf
Attachment: ITN 09002LH - VIP Agenda Item Renewal Recommendation - Option Year 3.pdf
F. Human Resources

15. Instructional Staff Recommendations
Attachment: Instructional Staff 07-10-12.pdf
16. Support Staff Recommendations
Attachment: Support Staff 07-10-12.pdf
17. The Teacher Incentive Fund (TIF) Program
F. Certification & Instructional Professional Development

18. Blackboard Learn for Course Delivery Agreement 2012-13
Attachment: Letter to Recommend Blackboard Renewal 2012 13.pdf
Attachment: Bb Signed Brevard County PS Learn and Vendor Conflict of Interest Form (7-2-12).pdf
F. Curriculum & Instruction

20. Two Trainings -Strategies for Understanding and Enhancing the Communicative Competency in Children with Severe and Multiple Disabilities
Attachment: Contracted Services Agreement.pdf
Attachment: Vitae.pdf
Attachment: Sole Source.pdf
21. Lesson Study Facilitator Training and Training Support Materials for Center School Teams - July 31 and August 1, 2012
Attachment: Lesson Study Training Information.pdf
Attachment: Contracted Svcs. Agreement.pdf
Attachment: Sole Source.pdf
Attachment: DSC Quote.pdf
Attachment: Vitae - Dr. Tabatha D. Scharlach.pdf
F. Title I/Early Childhood Education

22. Consultant Agreement - Dr. Danny Brassell
Attachment: Danny Brassell Bio 2012.pdf
Attachment: Consultant Agreement - Brassell- 6.12.2012.pdf
Attachment: W-9 Brassell.pdf
23. Head Start Contract for Parent, Family and Community Engagement Services with Brevard C.A.R.E.S.
Attachment: 13-001-CO CARES and BPS Contract 6-19-12.pdf
24. Head Start Center Supervisor Position
Attachment: Center Supervisor-Head Start.pdf
25. Head Start COLA Application
Attachment: Head Start COLA Application.pdf
26. Head Start Property Deed Transfer
F. Middle School Programs/K-12

27. Florida Educational Equity Act Annual Update -- 2011-2012
Attachment: 2012 FINAL Equity 06.04.12.pdf
F. Student Services

28. Agreement with School Board of Brevard County and Wuesthoff Brevard Hospice & Palliative Care
Attachment: M_H INT.AGENCY AGREE BE#1D3.pdf
F. Educational Technology

29. Discovery Education
Attachment: Discovery Education.pdf
F. Facilities Services

30. Appoint School Board Representative to Local Planning Agency
F. School Board Attorney

31. Entry of Final Order in Brevard County School Board v. Mark Ostermeier: DOAH Case No. 11-4310TTS
Attachment: Ostermeier Final Order 7-6-12.pdf
F. Approval of Consent

32. Approval of Consent Agenda

Approve the Consent Agenda with the exception of those items pulled for discussion.- PASS
Vote Results
Motion: Michael Krupp
Second: Amy Kneessy
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Items Pulled for Discussion
F. Financial Services

11. Information Related to Voter Referendum
Attachment: Resolution - One-Half Cent Sales Tax Final Vote.pdf

Mr. Ziegler pulled this agenda item to discuss his perspective as it relates to voter referendum.  He feels as though he would be taking away citizen's rights on what we should do in regard to placing the voter referendum on the ballot for November 6, 2012 if he were to vote against this agenda item.  Mr. Ziegler made the following points as it relates to the Capital. The capital revenue from the millage is going to drop below the districts debt services. He spoke about other looming capital expenses that are being mandated. He gave the example of the unfunded mandate of digital text which must be implemented by 2014. The potential conservative cost of 9 million per year and 40-50 thousand per school to retrofit the classrooms. He went on to discuss many other capital issues that the district is currently facing.  Mr. Ziegler stated that the magnitude of our capital needs is beyond what this district can cut.

Ms. Henderson concurred with Mr. Ziegler.  She stated there are a lot of issues on the capital side that the district will have an obligation to comply with since they are mandated by the state of Florida.  Ms. Henderson mentioned that we still have to maintain our facilities and buses for we are obligated to provide a safe learning environment and travel for our students. She stated to the public that if she did not believe that we needed the funds she would not ask for this to be placed on the November ballot.  Ms. Henderson stated we have been very strategic and thanked Dr. Binggeli for his efforts.  She said without placing the voter referendum on the ballot what will happen is the district will have to take money out of operating to pay for the unfunded mandate capital expenses. When money is taken out of operating, it is being taken out of the education of our children and she will not support that.  Ms. Henderson stated that the voters have the right to make this decision.

Ms. Kneessy stated that she agrees with everything that the Board is saying about the voter referendum but she will be voting no because she feels that it is a timing issue.  She feels as though there is not enough time to inform the community in a three months from Mims to Micco. The money is very limited is use (capital only).  The district needs to re-build trust after issues with former maintenance/facilities staff.  Ms. Kneessy feels as though we need to make a plan for 2014. She sees this as a losing situation if we put this on the ballot this fall.

Dr. Krupp brought up the fact the Brevard County is short changed on property tax unlike other districts. The reason is because the federal government owns quite a bit of property in Brevard County and these are all non-taxed based government property.  Dr. Krupp would like a discretionary sales tax. He explained that 28 Counties have an additional 1-1.5 percent discretionary sales to infinity over and above the 6 percent. Attached is the Discretionary Sales Surtax Information and Dr. Krupp's notes to which he referred to during the meeting.

Dr. Krupp stated that the School District is being very frugal, very honest, and our budget is very transparent and we have a definite need. He stated that the Legislature has done us no favors.  Governor Scott will tell you that he put another billion dollars back into public education but what he doesn't tell you is that he took two billion out last year (2011).  Dr. Krupp stated that we will not be able to operate with all the unfunded mandates. He mentioned to the community that our 0.25 mil sunsets on June 30, 2013 which is a 9 million dollar loss.  Dr. Krupp stated that the district just does not have the funds and implored the community to vote for the half cent sales tax.

Dr. Murray stated to the Board members that support this half cent sales tax to remind the public as Dr. Krupp did that the critical needs millage is going to expire and the sales tax will have a leveling effect to replace some of that lost millage.  She stated what is good about the sales tax is it takes some of the burden off the home owner and puts it on tourists.  Dr. Murray informed the community that purchases of large ticket items like automobiles and recreational vehicles would not be taxed under this sales tax.  Dr. Murray stated that she has confidence in the community and they supported the district by voting for the critical need millage and hoped that they understand that we would not being asking if there was not a need.

Dr. Murray believes that we have an obligation to place this on the ballot. We all took an oath of office to do what is in best interest for the students in Brevard Public Schools as well as the taxpayers. She believes that if we do not place this on the ballot, we will not be following through with that oath.  We cannot afford to delay. That would only cause the district to make cuts in operating which will impact student programs, salaries, and other areas.  Dr. Murray stated she supports the placing the referendum on the ballot.

Dr. Binggeli stated that no matter how the Board votes, there has been dialog as to fat and efficiencies. He reminded the listening audience of the following points:

  • district administration is half that of the state average
  • we generate less tax revenue per student as it relates to our land since it is mostly non-taxed based government property
  • our 6 percent sales tax is lowest in the state
  • our maintenance, per square foot, is lowest in the state
  • our energy consumption is way below the state average
  • district budget books are very transparent

Despite all of these trials and tribulations, we are still continuing to offer art in the elementary schools, our students qualified for all state music demonstration at double the average in Florida, we continue to pay for our students to take rigorous placement Cambridge, ACT exams and every dollar that is spent, we give six back to the community in the form of college credit for their children no matter what zip code they live in.  Dr. Binggeli stated that is the ideal of public education. He continued with many more examples of what Brevard Public Schools is providing for our students even though these difficult times. But those are the same items that will be on the chopping block if we do not receive the sales tax for the capital expenses that are on the horizon. Dr. Binggeli asked the community to compare what other districts are offering their students to what Brevard students are receiving if you are not inclined to read the budget books.

Ms. Kneessy reiterated to each of the board members that she absolutely agrees with what is being said and is just as passionate.  She stated that the only thing that she is disagreeing on with her "no" vote is that she believes this is a 2014 ballot issue and not a 2012 ballot issue. She stated to the community that she is not doubting the need or the issues, just the timing, thats all.


Vote Results
Motion: Andrew Ziegler
Second: Barbara Murray
Karen Henderson- Aye
Amy Kneessy- Nay
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

Ms. Preston asked for clarification on the wording. Mr. Ziegler read into the record the title for the voter referendum to read: ONE-HALF CENT SALES SURTAX FOR SCHOOL FACILITIES AND TECHNOLOGY; AND ELIMINATE ONE-QUARTER MILL PROPERTY TAX.

Dr. Murray stated that she understood that the title would begin with eliminate one-quarter mil property tax.  Mr. Ziegler stated that although that has merit, it is not the substance of the what we are asking.  This is not a vote on eliminating the one-quarter mill.  Dr. Murray concurred.

Ms. Henderson asked to get back to Dr. Krupp's concern about writing in the dates of going back to the 2008-09 levels.  She stated her concern was all the unfunded mandates that keep continuing to pile up.  Ms. Henderson stated that she agrees that the 2008-09 levels should be taken out.


Remove "unless property tax assessments return to the 2008-09 level." from the ballot language.

Vote Results
Motion: Michael Krupp
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Nay
Michael Krupp- Aye
Barbara Murray- Nay
Andrew Ziegler- Nay

Motion Minutes: 

Dr. Binggeli stated that the word "unless" came into play after a suggestion from Dr. Krupp to help the constituents understand there is a time frame related to this.  However, it could be shorter if in fact the property tax assessment rebounds.

Dr. Murray stated that it sends a message from the Board that we do not like having to do this but it is necessary and we will get rid of it as soon as we are able.  She does share Dr. Krupp's concern that ten years is a very short time with the way things are.

Dr. Binggeli stated that it once was 15 years but will leave that to the discretion of the Board.

Ms. Henderson asked how 2008-09 was chosen. Ms. Preston stated that it was the high water mark for the tax roll and explained how that decision was made.


Amend the language to fifteen years instead of ten years.

Vote Results
Motion: Michael Krupp

Motion Minutes: Ms. Preston requested that the semicolon after ten year be removed from the ballot. The Board agreed on the proper punctuation.


Approve the attached Resolution and authorize the Superintendent to forward the official ballot language to the Brevard County Commission.



As the School Board will stop levying the critical needs 0.25 mills property tax in 2013-14, shall it be allowed to levy a one-half cent school capital outlay surtax on sales in Brevard County, effective 1/1/13 for a period of 10 years unless property tax assessments return to the 2008-09 level. Proceeds will be used for critical improvements to school facilities and educational technology needs as described in a School Board resolution adopted on 7/10/12.

Vote Results
Motion: Andrew Ziegler
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Nay
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: Ms. Preston stated that it is her understanding, as it relates to the cap on large purchase items, that there will be a tax up to $5,000.00  Dr. Murray stated that was her understanding as well.
F. Educational Leadership & Professional Development

19. School Year Calendar Standards and the 2012-2013 School Year Calendar
Attachment: Calendar Standards Revised June 2012.pdf
Attachment: 2012-2013 School Year Calendar with Veterans Day and Good Friday Revisions.pdf

Ms. Henderson pulled this item to give Dr. Binggeli the opportunity to update the Board and the community where we are as it relates to the school start date since there are a lot of questions from parents.

Dr. Binggeli stated that school start time is still August 8, 2012.  He mentioned that the district will not receive school grades until late July. We have received communication from the Department of Education that show Brevard as having a start date of August 8, 2012.

Ms. Henderson had heard that information but wanted it to be publicly noted.

Chairman Dr. Barbara Murray called for a BPS-TV video break at 10:41 a.m.
The meeting was reconvened at 11:00 a.m.


Approve the revisions to the School Year Calendar Standards and approve the revised 2012-2013 school year calendar.- PASS
Vote Results
Motion: Karen Henderson
Second: Michael Krupp
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

G. Action
G. Accounting Services

33. School Board Policy Revision - #6144 Investments
Attachment: BREVARD_SD_Investment_Policy_Draft_5-23-12.pdf

Authorize the Superintendent to advertise for a public hearing to revise School Board Policy #6144 - Investments.- PASS
Vote Results
Motion: Andrew Ziegler
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

H. Information
H. Student Services

34. Revision of School Board Policy 8330 - Student Records
Attachment: 8330 Student Records change sheet.pdf
Attachment: 8330 Student Records modified with track changes.pdf

Mr. Ziegler pulled this agenda item to express his concerns about student records that are public record. He requested that someone double check page 15 of 20, item #16 in the policy to make sure it is in the correct place.

Mr. Ziegler stated that his bigger concern is the definition of directory information which you will find on page 17 of Policy 8330 where it states, "the district will make available" but it does not say to who.  He would like to make sure that it is to responsible parties like the list that he was referring to on page 15.  Mr. Ziegler also stated his concern about the student's photograph.  He would like this information verified so there is no way that anyone can misconstrue the policy.



H. Students at Risk

35. Brevard County Jail Complex Agreement With The School Board of Brevard County
Attachment: Brevard County Jail Complex Contract.pdf
H. Exceptional Education

36. Professional Development Workshop: Executive Functioning - Introduction to Assessment and Intervention
Attachment: McClosky9-10-12.pdf
37. Contracted Services Agreement with TeachTown, Inc. for Educational Software and Solutions
Attachment: TeachTown eAgenda.pdf
H. South Area Superintendent

38. Request from the Boy Scouts of America to Access Classrooms to Recruit Students per Board Policy 9700.01
Attachment: Central Florida Council Boy Scouts - Application.pdf
Attachment: Central Florida Council Boy Scouts -- Attachment 1.pdf
Attachment: Central Florida Council Boy Scouts -- Attachment 2.pdf
Attachment: Central Florida Council Boy Scouts -- Attachment 3.pdf
Attachment: Central Florida Council Boy Scouts -- Attachment 4.pdf
Attachment: Central Florida Council Boy Scouts - IRC Section 501(c)(3).pdf
Attachment: Central Florida Council Boy Scouts -- Bylaws.pdf
H. Central Area Superintendent

39. Contracted Services Agreement - Rockledge High - E2020 Software Onsite Training
Attachment: E2020 RHS Aug 2012.pdf
H. District Security

40. Office of Program Policy and Government Accountability 2011-2012 Best Practices for Safety and Security Annual Self-Assessment
Attachment: OPPAGA 2012bpi 6.19.12 lp.pdf
Attachment: OPPAGA Self Assessment Form ADDENDUM lp.pdf
41. 2012-2013 School Resource Officer Agreements
Attachment: 2012-2013 Budget Breakdown w-strings 6.11.12 hp.pdf

I. Staff Reports
42. Staff Reports

Minutes: There were no staff reports.

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

Minutes: There were no additional public presentations.

K. Board Member Reports/Discussion Points
44. Board Member Reports


Dr. Krupp had no report.

Ms. Henderson had no report.

Ms. Kneessy had no report.

Mr. Ziegler commented on his views and concerns as it relates to Odyssey Charter School.  He stated that our issue is not with Odyssey Charter School, our issue is with the Board of Education. They have made a ruling on law in which they have no authority to do.  Mr. Ziegler stated, in his opinion, they are a rogue board who implement on what their will is and not what the best interest of the students and what is in law.  He said what it happening is that the State Board of Education is our target and Odyssey Charter School is falling in our cross hairs.  Mr. Ziegler stated that he would love to take a shot at the State Board of Education because he feels that they have overstepped their bounds and has an issue with straining the relationship of a good community partner.

Dr. Murray stated that as Board Chairman she reminded the Board that we are in litigation and this is going to the Court of Appeals. The Board should exercise caution when discussing this matter.  She also reminded the Board that our issue is not with the State Board of Education.  The litigation is a result of our action to deny the application for Odyssey Charter School.  Dr. Murray also noted that we are not using Odyssey Middle School as a middleman as a way to get to the State Board of Education.  She wanted to make it perfectly clear that comment from Mr. Ziegler was borderline, out of line.

Mr. Ziegler stated that this was brought to us before the final appeal and it was understood that the Board of Education overstepped their bounds and we have an issue with that.

Dr. Murray stated that is true but that is not why we are in litigation.

Dr. Murray had no report.

L. Superintendent's Report
45. Superintendent's Report


Dr. Binggeli had no report.

M. Adjournment
46. Adjournment

Minutes: Chairman Dr. Barbara Murray adjourned the School Board meeting of July 10, 2012 at 11:08 a.m.