10-14-2008 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, October 14, 2008, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in The Eagle newspaper on Thursday, October 9, 2008 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


Chairman Janice Kershaw called the School Board meeting of October 14, 2008 to order at 5:30 p.m.

A-2. Roll Call
2. Roll Call


Members Present: Larry Hughes, Robert Jordan, Janice Kershaw, Amy Kneessy, Dr. Barbara Murray

Chairman Kershaw requested a moment of silence for Dr. Charlotte Meinhart, a 6th grade teacher at Andersen Elementary, who recently passed away.

A-3. Invocation (Brendon Greenwell, 8th grade, Jackson M.S.)
3. Invocation


The Invocation was led by Brendon Greenwell,8th grade student from Jackson Middle School.

A-4. Pledge of Allegiance (Olivia Goodwin, 8th grade, Jackson M.S. )
4. Pledge of Allegiance

Minutes: The Pledge of Allegiance was led by Olivia Goodwin, 8th grade student at Jackson Middle School.

A-5. Entertainment (Jackson Middle School Advanced Band)
5. Entertainment


The Jackson Middle School Advanced Band, under the direction of Music Director, Jim Matthews, entertained the Board and audience with a musical number. Ms. Kershaw took this opportunity to thank Mr. Matthews and his students for entertaining the Board.

The Chair called for a break at 5:42 p.m.
The meeting reconvened at 5:46 p.m.

A-6. Emergency Item
A-7. Adoption of Agenda
6. Adoption of the Agenda


Dr. DiPatri read the following changes into the agenda:

Consent Additions:
F-31.   Submissions of Policies and Procedures for the Provision of Specially Designed Instruction and Related for Exceptional Students (SP&P) Documents for the 2008-09 School Year.

Consent Revisions:
F-14.   Student Expulsions
F-18.   403(b)/457(b) Voluntary Retirement Plans/Tax Sheltered Annuities
F-23.   Instructional Staff Recommendations
F-31.   Submissions of Policies and Procedures for the Provision of Specially Designed Instruction and Related for Exceptional Students (SP&P) Documents for the 2008-09 School Year.

Action Deletions:
Change Board policy 8660 Transportation by Private Vehicle

Information Additions:
H-44.   Determination of Process for Superintendent Search 

Information Revisions:
H-40.   Boundaries for New High School "CCC"

Adopt the agenda of the Regular School Board meeting of October 14, 2008 and its revisions.- PASS
Vote Results
Motion: Robert Jordan
Second: Barbara Murray
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

B. Recognition of Visitors/Guests
B. District Communications

7. BPS Named as a 2008 AARP Best Employer for Workers Over 50

Minutes: Dr. DiPatri recognized Brevard Public Schools for the fourth straight year and the only school district in the nation to be recognized, as the recipients of the 2008 AARP Best Employer for Workers over 50. Wes Sumner, Director of District Communications, noted that Brevard was selected for its recruiting practices,opportunities for training, education and career development, workplace accommodations, alternative work options such as flexible; scheduling, job sharing, and phased retirement, employee health and pension benefits, retiree benefits and age diversity of the workforce. Special thanks were given to the School Board, Lee Berry, Deputy Superintendent, Susan Standley, Director of Compensation and Benefits, and Kathy Estrada, Administrative Secretary to Compensation and Benefits for their involvement. Dr. DiPatri attended the awards ceremony in Chicago, Illinois on October 7, 2008 on behalf of the district. Dr. DiPatri and Mr. Berry presented the award to Chairman Kershaw.

C. Resolutions/Proclamations
C. Board Office/ Superintendent

8. Resolution - Puerto Rican Heritage Month
Attachment: Puerto Rican Resolution 10.14.08.pdf
Minutes: Wes Sumner, Director of District Communications, read a resolution proclaiming October 19 through November 19, 2008 as Puerto Rican Heritage Month.

Proclaim October 19 through November 19, 2008 as Puerto Rican Heritage Month.- PASS
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

C. Transportation

9. Resolution - National School Bus Safety Week
Attachment: Resolution School Bus Safety Week.pdf
Minutes: Wes Sumner, Director of District Communications, read a  resolution proclaiming October 20 through October 24, 2008 is National School Bus Safety Week.

Proclaim October 20 through October 24, 2008 as National School Bus Safety Week.- PASS
Vote Results
Motion: Robert Jordan
Second: Barbara Murray
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

C. Adult/Community Education

10. Keeping the Lights on After School - A Proclamation
Attachment: Proclamation 08.09.pdf
Minutes: Wes Sumner, Director of District Communications, read a resolution proclaiming to Keep the Lights on After School.   Lights on Afterschool is the only nationwide event celebrating after school programs and their important role in the lives of children, families and communities. 

Approve "Keeping the Lights on After School - A Proclamation"- PASS
Vote Results
Motion: Larry Hughes
Second: Robert Jordan
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

D. Presentations
D. Labor Relations

11. Succession Planning Implementation Plan
Attachment: Succession Planning 2008 BPS School Board 10.3.08.pdf

Dr. DiPatri introduced Bill Hall, Director of Educational Leadership and Professional Development, Joy Salomone, Director of Labor Relations and Susan Standley, Director of Compensation and Benefits who presented the Succession Planning Implementation Plan to the Board.

Dr. Murray congratulated the group on their tremendous amount of work and the complexity of the plan. She stated the Board can begin to relax with this pilot plan in place. Mr. Hall stated that the Board should be commended for its forward thinking.

Ms. Kershaw questioned whether a person could be trained and developed for multiple positions or if it was a straight path to a specific career goal. Mr. Hall stated that a person could be trained and developed for multiple positions. Ms. Kershaw stated that Brevard will be a great training ground for other districts.

Dr. DiPatri stated that the Board should take credit for this plan. The Board pressed for this concept three or four year ago in the Superintendent's Evaluation. Mr. Hughes joked that the Superintendent was leaving before his succession plan was in place.

D. Accountability, Testing and Evaluation

12. FCAT Demographic Performance Report
Attachment: 2008 DEMOGRAPHIC REPORT PRESENTATION 10.6.08.pdf

Dr. DiPatri introduced Karen Schafer, Director of Accountability, Testing, and Evaluation, who presented the FCAT Demographic Performance Report to the Board and public.

Discussion ensued amongst the Board, Dr. DiPatri and Ms. Schafer about school data, achievement gap and Title I students.

E. Public Discussion
13. Public Discussion


The Chair 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 to issues this evening but the Superintendent would investigate the concerns and respond in a timely manner. The following person(s) addressed the Board:

  1. Jack Joslin, Palm Bay - CCC Boundaries
  2. John Zimak, Palm Bay - CCC Boundaries
  3. Janet Eastman, BFT, Rockledge - Legislative Funding
  4. Dan Bennett, BFT, Rockledge - Misc. Concerns
  5. John Russo, BFT, Rockledge - Budget cuts effect on classroom
  6. Andrew Powshor, W. Melbourne - CCC Boundaries
  7. Andy Ziegler, W. Melbourne - CCC Boundaries
  8. Reeder Ward, Melbouone - EPI Pen
  9. R. Victor Brungart, Satellite Beach - FCAT
  10. Juanita P. Rickabaugh, Merritt Island - Incident at Jefferson
  11. Charles Favors, Melbourne - Andrew A. Crooks Suspension

F. Consent
F. Board Office/Superintendent

14. Student Expulsions
Attachment: Expulsions-10-14-08.pdf (Confidential Item)
15. Approval of Minutes
F. Accounting Services

16. Warrants for the Month of August 2008
Attachment: Warrants - 0808a.pdf
17. Approve the Investment Performance Report for Quarter Ending June 30, 2008.
Attachment: BREVARD_2Q2008_COMPLETE.pdf
18. 403(b)/457(b) Voluntary Retirement Plans/Tax Sheltered Annuities
F. Purchasing & Warehouse

19. Surplus Property
Attachment: OCT_14_08.pdf
Attachment: OCT_14_letters.pdf
20. Purchasing Bids, RFPs, RFQs, Sales and Services Agreements
Attachment: 08-044BM Electrical Contractors.pdf
Attachment: 09-009BP Uniform Lease-Rental.pdf
Attachment: 09-011BM Lawn Care Equipment, Accessories, Parts, Maintenance and Service.pdf
Attachment: RFP 08004BP - Reaward - Option Year 1.pdf
F. Transportation

21. Isolated Transportation 2008-2009, Students J.H. & J.H.
F. Human Resources

22. Support Staff Recommendations
Attachment: Support Staff 10-14-08.pdf
23. Instructional Staff Recommendations
Attachment: Instructional Staff 10-14-08.pdf
Attachment: 2008 October 14 ESOL (2).pdf
24. Master Inservice Plan 2008-2009
Attachment: Alpha Index rev 8-29-08 for 0809.pdf
Attachment: Section 1 rev 2008.pdf
F. School Choice

25. Correct the Requested Name Change for River's Edge Charter Academy
F. Adult/Community Education

26. Consultant Agreement Between Southern Expressions and Adult/Community Education-School Age Child Care
Attachment: Contracted Services #40556D.pdf
F. Exceptional Education

27. Agreement between the School Board of Brevard County and the School Board of Seminole County for the Purpose of Medicaid Administrative Claiming Activities
Attachment: MAC Agreement-SCSB2008-09.pdf
F. Area I Superintendent

28. Palm Bay High School Academy of Law and Public Safety Trip to Washington, D.C.
Attachment: Palm Bay High Law Academy - Washington DC Dec 2008.pdf
F. Facilities Services

29. Easement and Bill of Sale - City of Palm Bay - High School "CCC"
Attachment: Easement - City of Palm Bay - CCC.pdf
30. DCR 4 District Owned Portables and Maintenance Storage Building 7
F. Additional Items

31. Submission of Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students (SP&P) Documents for the 2008-2009 School Year
Attachment: 2007-08 extension signature page (2).pdf
F. Approval of Consent

32. Approval of Consent Agenda Items

Approval of consent items. - PASS
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

Motion Minutes: 

Dr. DiPatri took this opportunity to congratulate Cindy Van Meter for her transfer/ reclassification to Area I Superintendent. He stated that Ms. Van Meter will remain in a dual roll as Area I and continue her duties at Cocoa High School that will allow transition for the person who is selected to replace her at Cocoa High.

Chairman Kershaw called for a video break from the "Sound Waves" TV series seen on BPS-TV at 7:10 p.m.
The meeting reconvened at 7:24 p.m.

Items Pulled for Discussion
G. Action
G. Curriculum & Instruction

33. Approve the Brevard Public Schools Student Progression Plan for 2008-2009
Attachment: SPP 2008.09.pdf
Minutes: Chairman Kershaw declared the public hearing open. No one addressed the Board on this issue. Chairman Kershaw declared the public hearing closed.

Hold a public hearing and approve the Brevard Public Schools Student Progression Plan for 2008-09.- PASS
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

Motion Minutes: 

Ms. Kneessy stated her concerns about physical education and recess being stated in the student progression plan as being encouraged in grades K-6 and it is her feeling that this is not happening in the schools.

Dr. DiPatri took this oppurtunity to mention that Gail Oliveto, Administrative Assistant to Dr. DiPatri,  is being trained on eAgenda so that we would have a good back up plan in place. He thanked her for taking on this extra assignment since it takes a lot of training to move to eAgenda.

Dr. DiPatri also mentioned that Mrs. Oliveto was Employee of the Week, a few weeks ago.


H. Information
H. Financial Services

34. Designation of Legal Representative to Apply for Title VIII of Public Law (Impact Aid) Funds
H. School Choice

35. Educational Horizons Renewal Charter Contract
Attachment: Ed Horizons Table of Contents.pdf
Attachment: Ed Horizons Final Renewal Charter Contract.pdf
Attachment: Appendix C.pdf
H. Area I Superintendent

36. Bayside High School NJROTC Trip to South Carolina
Attachment: Bayside High NJROTC - Nov 2008.pdf
37. Eau Gallie High School Band Performance at Carnegie Hall, New York City
Attachment: EGHS-Carnegie Hall - 4-9 to 12-09.pdf

Ms. Kneessy pulled this item to discuss the cost of the field trip,the financial impact to the families involved and the amount of fundraisers being done throughout the community. She informed the Board that she will continue to take a harder guideline with field trips so that our families can focus their resources elsewhere.

Dr. DiPatri stated that Ms. Kneessy comments were correct but there are exceptions and this is one of them. He continued to give some background information about the Eau Gallie Program and what they did to raise the money for the trip to Carnegie Hall.

Ms. Kershaw questioned if the schools are using their Booster Clubs and Parent Clubs as part of their decision making process so that the parents can weigh in on their opinion about intended field trips.

Tom Singletary, Music Director for Eau Gallie High School, answered questions from the Board.


38. Melbourne High School Crew Team Trip to Augusta, Georgia
Attachment: Melbourne High Crew Trip to Georgia Nov 2008.pdf
H. Area IV Superintendent

39. Titusville High School NJROTC Field Trip to South Carolina
Attachment: THS Field Trip.pdf
H. Facilities Services

40. Boundaries for New High School 'CCC'
Attachment: Alt B-1.pdf
Attachment: Existing HS Boundaries.pdf
Attachment: Summary of CCC Boundary Meetings.pdf
Attachment: Public Boundary Meeting-Q&A.pdf
Attachment: 081001 Alt A.pdf
Attachment: Summary of COC meeting for CCC Boundaries.pdf
Attachment: 081001 Alt C.pdf
Attachment: 081010 Data.pdf

Mr. Hughes pulled this item to request data to see how the demographics would change if we did Option B2 that would include Heild Road and would like to see how options B, B1 and B2 stack up against each other and to see if there is any significant changes.

Discussion ensued between Ms. Kneessy, Mr. Hughes and Dr. DiPatri in regard to the grandfathering of siblings. Dr. DiPatri stated that siblings have not been grandfathered because the school will end up with an insufficient number of student which will affect quality programs in the 9th and 10th grades.

41. Policy 7130 - Implementation and Management of School Concurrency
Attachment: Policy 7130.pdf
Attachment: School Concurrency Management Procedures.pdf
Attachment: School Concurrency Review Fees.pdf
Attachment: policy change sheet.pdf
Attachment: School Facility Planning and Concurrency Application.pdf

Ms. Kershaw pulled this item to get clarification on what was new with the policy, if the fee structure was the only new part and who was involved in reviewing the policy outside of the school district. Dane Theodore, Director of Planning and Project Management, stated that the entire policy was new, all of the school districts around the state are going through this process simultaneously.

Discussion ensued between Ms. Kershaw, Ms. Kneessy, Mr. Theodore and Mr. Ed Curry, Assistant Superintendent of Facility Services in regard to the policy, administrative procedures, fee structure and the impact to the developers.

H. Project Management

42. Amendment #3 to Agreement for Design / Build Services for Additions and Renovations at Coquina, Imperial Estates and Mims Elementary Schools
Attachment: Amendment No 3-Final.pdf
43. Amendment #4 to Agreement for Design / Build Services for Additions and Renovations at Palm Bay High School
Attachment: Amendment No 4 - Final.pdf
H. Additional Items

44. Determination of Process for Superintendent Search


Mr. Hughes pulled this item to question how the Board will proceed in the Superintendent Search. He pointed out that the hiring of the Superintendent is the single most critical decision that the new Board will make. He stated that Dr. DiPatri has done an outstanding job and will be greatly missed by the community.

Ms. Kershaw introduced the agenda item since she requested its placement on the agenda. She went on to state that since the last School Board meeting, Dr. DiPatri has indicated he will not be renewing his contract and we need to embark on selecting a new superintendent as a Board.  To get a good quality superintendent, he or she may need to give a six month notice to leave his or her previous position. The timeline is critical and we need to start the process as quickly as possible even though there will be two of the Board Members that will not be in the decision making process of hiring the next superintendent. There are at least three ways to start the process.

  1. Do the search in house.
  2. Hire FSBA to conduct the Superintendent search.
  3. Outside Firms. (Used Hazard, Young and Attea in the past to hire Dr. DiPatri)

Harold Bistline, School Board Attorney, outlined the Sunshine Law and the Public Records Law to the Board and how it impacts the process of hiring a superintendent. In his opinion, using a qualified head hunting firm has an advantage since they know who is looking, who is quality and they can contact these people without the public record law coming into effect.

Ms. Kershaw went on to explain to the Board the process that took place when hiring Dr. DiPatri. In this case, the Board requested that Mr. Bistline bring back three to five search firms for review by the Board by the October 28, 2008 School Board meeting.

Dr. Murray thanked Ms. Kershaw for bringing up this item. She mentioned that the Board is a little pressed to get started due to the upcoming holidays; however, is sensitive to the fact that we will have a new Board in less then a month. This Board can and should act quickly on which direction we should go in terms of internal, external, FSBA etc. She questioned whether FSBA does any type of national search.

Mr. Hughes gave his opinion on what he has observed over the past eight years in regard to the FSBA search and stated that Brevard should use a national search because the district needs a caliber candidate.

Discussion ensued amongst the Board in regard to different processes that the district should venture into for the search.

Mr. Jordan stated that he was concerned with the cost of the search, and that he was not interested in using FSBA as a search firm and requested a workshop to discuss what the Board is looking for in the next candidate for superintendent.

Mr. Bistline stated that one of the services that these search firms provide is to present in workshops. They inform the Board what the process is, the recommendation, how do we best go about this, the type of criteria that you are going to use and then the Board will instruct the firm on how the Board would like to proceed.  Ms. Kershaw stated that you decide how much community input is needed or how you want to structure the search and the firm will guide the whole process.

Dr. Murray stated that she would like to make motion for Mr. Bistline to bring the Board  the names three search firms that engage in the business of superintendent searches and Board training related to such. Mr. Hughes asked if Dr. Murray would entertain a friendly amendment to increase the number of search firms to five. Dr. Murray accepted Mr. Hughes' friendly amendment.

Request Board Attorney Harold Bistline to bring up to five firms to the Board for the purpose of a Superintendent's search and Board training related to such.- PASS
Vote Results
Motion: Barbara Murray
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

Motion Minutes: 

Mr. Hughes stated that the new Board needs to meet in a workshop early on to talk about the transition strategy and how to proceed beyond the end of Dr. DiPatri's tenure to the new superintendent.

Mr. Jordan stated that it will be very important for community involvement and not just the Board.

Ms. Kershaw recommended to the Board a chapter about selecting a superintendent from the book "Becoming a Better Board Member" from NSBA.

Mr. Jordan asked for clarification from Mr. Bistline regarding the search firms on what kind of information that the Board would be receiving from these firms.

I. Staff Reports
45. Staff Reports

Minutes: There were no staff reports.

J. Additional Public Presentations (If Required)
46. Additional Public Presentations (If Required)

Minutes: There were no additional public presentations.

K. Board Member Reports
47. Board Member Reports


Dr. Murray stated that the district recently updated the policy on the use of district facilities and though she supports that policy, discussion was brought up concerning the informal groups that provide funds to the schools and wanted to make sure that the change in policy that we didn't discount the community groups to the point that we begin to alienate the community members and perhaps we are not giving consideration to some of our. She gave an example of a group that is being priced out of Roosevelt Elementary. Dr. Murray stated she was assured that this was going to be looked at on a case by case basis that would like the district to give some of our patrons that are contributing to our schools every consideration possible.

Mr. Hughes added to Dr. Murray's comments by stating that the Board just passed a proclamation "Lights On Afterschool" which supports everything stated by Dr. Murray.

Dr. Murray noted that she met with the Chairperson of the Advisory Committee and she is looking forward to the report on the recent external audit.

Ms. Kneessy questioned Dr. DiPatri in regard to the Board taking action for the make-up days for Tropical Storm Fay, the exam schedule and the status for the students that miss final exams. Dr. DiPatri stated that he has not received direction from the Commissioner of Education as to the make-up days. He stated he would get clarification on the final exams.

Mr. Hughes requested that Dr. DiPatri write a letter to Commissioner Smith to be able to waive the two tropical storm days and give him a timeframe to get back to Brevard with an answer. Dr. DiPatri stated he is not going to recommend waiving the two days for the following reasons; students need to have 180 days and number of minutes per semester.

Mr. Hughes stated his displeasure about the Legislature seizing control of the school calendar in response to the hotel and tourism industries desire for cheap labor and then the Commission of Education not wanting to make a decision of waiving days when it impacts families, students, travel plans and schedules. They are either going to be responsible for all the school calendar or they should do the right thing and return that responsibility to local control.

Mr. Jordan reminded the public and staff about the Read to Succeed on November 1, 2008 from 11:00 a.m. - 2:00 p.m.

Mr. Hughes congratulated Mr. Berry and his organization for the fourth consecutive year of being named as one of the 50 Best Employees in the Untied States.

L. Superintendent's Report
48. Superintendent's Report

Minutes: There was no Superintendent's report.

M. Adjournment
49. Adjournment

Minutes: The School Board meeting of October 14, 2008 was adjourned at 8:27 p.m.