Schools and Education Manatee County School Board Regular Meeting Results May 14, 2012

BRADENTON – A new Just For Girls charter school was approved by board members; however, the contract term was heavily debated during board comment. The bus that crashed on Jan. 5, 2012 on SR 64 in front of Wal-Mart was totaled; board members approved a new replacement bus for $106,000. There have been a total of nine bus accidents this year -- the average amount is three. The majority of the crashes involved vehicles rear-ending the buses. A line-by-line budget will be posted online by June 1, 2012. Board member Julie Aranibar complained about the tight timeframe. 

AGENDA AMENDMENTS 

1. Agenda Amendments - p.7

ATTENDANCE 

2. Attendance - p.8

CALL TO ORDER 

3. Call to Order - p.9

4. Pledge of Allegiance -p.10

5. Invocation - p.11

6. Approval of the Orders of the Day - p.12 (Unanimously approved)

STUDENT CELEBRATION 

7. Sea Breeze National Elementary Honor Society - p.13

• The district celebrated the induction of approximately 25 Sea Breeze Elementary School students into the National Elementary Honor Society. School advisors Helen King and Stephanie Hymes introduced the students to the Board.

RECOGNITIONS 

8. Manatee County School Resource Officers - p.14

The District is recognized the following officers:

Lt. John Murrell, SRO Unit Supervison

West Side

Sgt. Dwayne Denison, West Side Supervisor
Dep. Carlos Crawford, Harllee Middle School
Dep. Daniel Durrance, Southeast High School
Dep. Frank Butler, King Middle School
Dep. Greg Jenkins, Bayshore High School
Dep. Rebecca Sehorne, MTI/Central High School
Dep. Howard Claar, Lee Middle School
Dep. David Mireles, Buffalo Creek Middle School

East Side
Sgt. Keith Wallace, East Side Supervisor
Dep. Damon Ackerman, Braden River High School
Dep. Gary Davis, Johnson Middle School
Dep. Carl McClellan, Braden River Middle School
Dep. Maxie Bragg, Lakewood Ranch High School
Dep. Paul Harris, Haile Middle School
Dep. Jonathon Russell, Nolan Middle School
Dep. Chris Folds, Horizons Academy
Dep. Johnny Jones, Horizons Academy

Bradenton Police Department
Officer Fredy Ordonez, SRO Supervisor
Officer Danny Bench, Manatee High School
Officer Phil Ajello, Sugg Middle School

Palmetto Police Department
Sgt. Duane Kaufman, SRO Supervisor
Officer Roy Lovett, Lincoln Middle School
Officer Adam Spatafora, Palmetto High School

9. American Heart Association 2012 Worksite Innovation Award - p.16

• HealthVantage, the School district's employee wellness program, was recognized by the American Heart Association as the winner of the 2012 Worksite Innovation Award, as well as a Gold Level Fit Friendly organization.

10. Teen Pregnancy Prevention and Sexual Awareness Month (Unanimously approved)

• The Manatee County School District has focused on the prevention of teen pregnancy by the implementation of the It’s your Choice Program and active participation in the Healthy Teens Coalition of Manatee County. The board designated May as teen pregnancy and prevention month.

REPORTS AND PRESENTATIONS 

11. Florida Clinical Research Check Presentation - p.17

• Dr. Cutler of Florida Clinical Research presented a check to the Manatee County School District for $5,000.00 as a donation to purchase resources for the Student Services Department for School Psychologists and School Social Workers to use when working with district students who have been diagnosed with ADHD (Attention Deficit Hyperactivity Disorder), Bipolar Disorder, Depression and PTSD (Post Traumatic Stress Disorder).

12. Manatee Education Foundation Check Presentation - p.18

• Trevor Gooby, Director of Operations in Florida for the Pittsburgh Pirates, presented a check for the March 2, 2012 Benefit game to the Manatee Education Foundation, Wakeland Elementary and Rogers Garden Elementary School.

13. EdVantage Update - p.19

• Scott Martin, Assistant Superintendent, updated the Board on the District’s Strategic Plan known as EdVantage.

14. Central Florida School Boards Coalition - p.20

• Mrs. Barbra Harvey updated the Board on the meeting of the Central Florida School Boards Coalition.

PUBLIC COMMENTS 

15. Public Comments - p.21

APPROVAL OF MINUTES 

16. Approval of Minutes - p.22 (Unanimously approved)

CONSENT ITEMS

Approval of Consent Agenda

17. Approval of May 14, 2012 Consent Agenda - p.23 (Unanimously approved)

Purchase(s) Bids $100,000.00 and Under

18. Approval to Purchase Automatic Logic Controls, MCSD No. 12-077-MR - p.24

19. Approval of Renewal (1) on Heavy Duty Construction Equipment Rental with Operator, MCSD No. 11-0050-MR - p.26

20. Approval of Renewal (1) on Installation and Repair on Irrigation Systems, MCSD No. 11-0049-MR - p.27

21. Approval of Renewal (2) on the Use of the School Board of Sarasota County Bid for Security Systems - Installation, Repair, Parts and Consumables, MCSD No.11-0011-MR - p.28

22. Approval of the Use of the School Board of Lake County Bid on Catalog Discounts for Classroom Instructional Teaching Aids, MCSD No. 12-0078-BS - p.30

23. Approval of the Use of U.S. Communities Government Purchasing Alliance for CarQuest Auto Parts and Accessories Contract, MCSD No. 12-0080-SM - p.32

Contracts and Grants

24. Approval of Contract Between Knowledge Universe Champions LLC and the School Board of Manatee County to Provide Before and-or After School Enrichment Programs at Various Elementary Schools ‰Û” August 20, 2012 to June 7, 2013 - p.35

25. Approval of the Contract with National Council for History Education to Provide an Immersion Program for Participants of the Teaching American History Grant for 2011-12 School Year - p.36

26. Approval of New Agreement Between the School Board of Manatee County and Various Providers for Clinical Experience for Manatee Technical Institute (MTI) Dental Assisting Students for the 2011-2014 School Years - p.40

27. Approval of Renewed Agreement Between the School Board of Manatee County and Various Providers for Clinical Experience for Manatee Technical Institute (MTI) Dental Assistant Students for the 2011-2014 School Years - p.44

28. Approval to Apply, Accept and Expend the Renewed 2012-2013 Adult General Education Grant for $430,538.00 - p.46

29. Approval to Apply, Accept and Expend the 2011-2012 Farmworker Jobs and Education Grant Project Amendment No. 2 for $7,000.00 - p.48

30. Approval to Apply, Accept and Expend the Renewed 2012-13 English Literacy and Civics Education Grant for $102,011.00 - p.49

31. Approval to Apply, Accept and Expend the New Florida Department of Education, Carl D. Perkins Secondary, Department of Juvenile Justice (DJJ) Competitive Grant in the Amount of $65,000.00 - p.51

Construction Services

32. Approval of Manatee High School - Storm Water System Alterations - Amendment 1 - Agreement Between Owner and Creative Contractors, Inc. - Guaranteed Maximum Price - p.53

33. Approval of Manatee High School - Storm Water System Alterations - Amendment 2 - Cafeteria Serving Line - Agreement Between Owner and Creative Contractors, Inc. - Guaranteed Maximum Price - p.54

Finance

34. Approval of Non-Sufficient Funds (NSF) Check List for Collection via Automated Recovery Systems (ARS) - p.55

Food Service

35. Approval of Agreement for Sponsorship of the Summer Food Service Program - p.59

36. Approval to Contract with Manatee County Government for the Purpose of Providing Meals for their Summer Food Service Program - p.61

Human Resources

37. Approval of the Appointments, Change of Assignments, Deceased, Promotions, Reappointments, Reassignments, Recommendations for Professional Service Contracts, Resignations, Retirements, Terminations and Transfers - p.62

INFORMATION

Leaves

38. Leaves for May 14, 2012 Board Meeting - p.64

ADMINISTRATIVE INTRODUCTIONS 

39. Administrative Introductions - p.65

OLD BUSINESS
NEW BUSINESS (Discussion Items Pulled from Consent)

Purchase(s) Bids Over $100,000.00

40. Approval of the Use of the Florida Department of Education Bid No. 2010-16 for School Buses, MCSD No. 12-0081-SM - p.33 (Unanimously approved)

• The Florida Department of Education issued a bid, #2010-16 for School Buses. On January 5, 2012, Bus 560 was involved in an accident. Based on repair cost, the age and over 100,000 miles on the bus, it is in the best interest of the district to dispose and replace this bus with a new bus. The replacement cost is $106,000.00 and available for delivery within 3 to 4 weeks. In March, the district’s bus auction generated $67,000.00 that can be applied to this purchase. The remaining balance would come from the capital project fund.
• Vendors agreed to extend the pricing to the Manatee County School District under the same terms and conditions as the Florida Department of Education #2010-16 School Bus bid. Copies of the bid specifications and pricing are on file in the purchasing department.
• Vehicle Maintenance Department allows the District to remain in compliance with state regulations, providing a safe environment throughout the District.
• State Board Rule 6A-1.012(5) allows school boards to purchase from existing bids of other public entities upon agreement by the awarded vendor.

Contracts and Grants

41. Approval of the Charter School Contract Between Just for Girls Academy, Inc., and the School Board of Manatee County for the 2012-2020 School Years - p.38 (Approved 4-1 Barbra Harvey opposing) FULL STORY

• An application for a new charter school was submitted by Just for Girls Academy, Inc., to the Manatee County School Board and was approved on September 12, 2011. The contract shall become effective July 1, 2012, or upon signing by both parties, and shall be for a term of eight (8) years commencing July 1, 2012, and ending on June 30, 2020, and will be eligible for renewal every five (5) years.
• Just for Girls Academy, Inc., will offer a program to students in grades K-5 with a projected enrollment of 144 students in Year 1, with a maximum enrollment of 288 by Year 5.   
• The school will meet the specific intellectual, emotional, and physical needs of girls by providing an innovative, research-based quality education taught by motivated, certified, highly qualified teachers through which elementary girls will succeed, develop confidence and character, and accomplish measurable improvements in knowledge, attitudes, behaviors and skills, with an emphasis on reading, science, technology and mathematics.
• The approval of this charter school contract from Just for Girls Academy, Inc., will ensure that all children will have an opportunity for a quality learning experience. A copy of the contract is attached for your review.
• The Superintendent recommends approval of the Charter School contract between Just for Girls Academy, Inc., and the School Board of Manatee County for the 2012-2020 school years.

42. Approval of the Contract Between the School Board of Manatee County and Kagan Professional Development for the 2011 - 2012 School Year - p.42 (Unanimously approved)

• The Principal at Moody Elementary requests to contract with Kagan Professional Development in the amount of $3,350.00 for the 2011/2012 school year. The certified Kagan trainer will meet with teachers to identify five structures for targeted coaching and feedback. The trainer will then coach teachers on implementing the identified structures in classrooms. This session will assist teachers and principal, in the school-wide implementation of Kagan Cooperative Learning.
• The Kagan Professional Development contracts for the FY 2011/2012 school year to date total $66,807.00. By adding this contract for Moody Elementary the total of all contracts will be $70,157.00.
• The vendor was asked to reduce their price for the Kagan Coaching Classroom Visit. The cost of this contract is the standard base price of the contract.
• Kagan Professional Development supports the objectives of EdVantage by training teachers in learning strategies that promote the engagement of all students in cooperative teams and is being offered at the request of Title 1 principals and teachers.
• Aranibar said she thought the district was going to have teacher-driven curriculum. She requested more information about curriculum changes in the future. Harry Kinnan also had concerns.

Finance

43. Approval of the Resolution to Renew the 2008 Section 1011.14 Loan - p.56 (Unanimously approved)

• On May 12, 2008, the School Board approved and entered into a Section 1011.14 Loan for cash flow purposes in the amount of $25 million. The financing provided a project fund of $25 million for expenditures incurred for, but not limited to the construction of Rogers Garden Elementary, renovation, remodeling and new construction projects at Manatee High School, Palmetto High School, Manatee Technical Institute, and the Transportation/Maintenance Facility. This loan was based upon competitive bids and was awarded to Bank of America at the annual interest rate of 2.39%.
• Section 1011.14, Florida Statutes provides that a school board may enter into loans for a one-year period and these loans may be renewed on an annual basis up to four times. Staff is recommending that this Section 1011.14 loan be renewed for one-year in the amount of $3.5 million. Principal in the amount of $5 million will be paid to Bank of America on the due date. The interest rate for this renewal will be based upon the same competitive formula as the original loan was based. The actual rate will not be known until just prior to the board meeting.

44. Approval of the Resolution to Renew the 2011 Section 1011.14 Loan - p.58 (Unanimously approved)

• On May 9, 2011, the School Board approved and entered into a Section 1011.14 Loan for cash flow purposes in the amount of $5 million. The financing provided a project fund of $5 million for expenditures incurred for, but not limited to the purchase of 37 school buses. This loan was based upon competitive bids and was awarded to Bank of America at the annual interest rate of 1.32%.
• Section 1011.14, Florida Statutes provides that a school board may enter into loans for a one-year period and these loans may be renewed on an annual basis up to four times. Staff is recommending that this Section 1011.14 loan be renewed for one-year in the amount of $5 million. The interest rate for this renewal will be based upon the same competitive formula as the original loan was based. The actual rate will not be known until just prior to the board meeting.

Human Resources

45. Approval of Job Description for Instructional Coach - p.63 (Withdrawn)

• Schools have requested a job description for an Instructional Coach position. This position is similar to a reading, mathematics or science coach but provides the flexibility to support all content areas and teachers.
• The Instructional Coach position focuses on increasing student achievement in literacy by focusing on support for teachers in all content areas. Schools could use this position to focus on support in all areas, rather than limiting the coaching position to a specific content area.
• The Instructional Coach position supports life-long learning, with the primary function to provide modeling and coach support for teachers, and to implement academic standards and improve student achievement.
• Members of the school board thought the approval of the position was premature. They will bring it back when they can look at how it will affect the budget.

NEW BUSINESS (Non-Consent Items) 

46. Approval of Recommended Order Rendered by the Administrative Law Judge, with the Exceptions as set forth by the Superintendent, filed on April 11, 2012, Entering a Final Order Terminating the Employment of Donna Holloway Effective May 15, 2012 - p.66 (Unanimously approved)

• Holloway has been employed with the School District of Manatee County since August 22, 1990. She is currently on suspension without pay from her position as a Pre-Kindergarten Exceptional Student Education teacher at Freedom Elementary School.
• On February 7 and 8, 2012, this matter was heard by Honorable R. Bruce McKibben, an Administrative Law Judge with the Division of Administrative Hearings. On March 27, 2012, the ALJ entered a Recommended Order which found that Holloway violated policy 6.2(2)(B)(2) based on her excessive absences; violated rule 6B-4.009(4) and policy 6.11 based on her gross insubordination when she intentionally refused to obey direct orders concerning her absence from class and completion of her work; and violated rule 6B-4.009(1)(a) based upon her repeated failures to perform her duties, including, the timely and accurate completion of Individual Education Plans for Students with Disabilities. The ALJ further found that the School Board proved by a preponderance of the competent, substantial and credible evidence that there is just cause for Holloway’s discipline, recommending that the Board enter a Final Order dismissing Holloway from her employment.

47. Approval of Budget Amendments for March 2012 - p.68 (Unanimously approved)

48. Acceptance of the Year to Date Financial Statements through March 2012 - p.69 (Unanimously approved)

• Capital Projects Funds - Expenditures exceed revenues by $8.91 million. The District began receiving Local Tax revenue in December. All expenditures are in compliance with the District’s capital plan. Restricted fund balance for Capital Projects at March 31, 2012 is $53,251,292. [Reference: Combined Statement of Revenues and Expenditures (page 2) and Statement of Revenues, Expenditures, and Changes in Fund Balance (page 7)]
• Internal Service Funds Revenues exceeded expenditures by $3.09 million. The Health Insurance Fund has a surplus of approximately $3.25 million and the Property and Casualty Insurance Fund is deficient by approximately $164,466. The majority of revenue for the Property and Casualty Fund is transferred during the second half of the fiscal year. [Reference: Combined State of Revenues and Expenditures (page 2) and Statement of Revenues, Expenditures, and Changes in Fund Balance

49. Approval of Rejection of Pharmacy Benefit Managers Portion Only for Proposal on Medical Insurance and Benefits, MCSD No. 13-0001-RH - p.70 (Unanimously approved)

• On February 27, 2012, the School District of Manatee County solicited suppliers for proposals on the medical insurance and benefits.  This included the following severable services: fully insured medical insurance, selfinsured medical claims administrative services, stop-loss insurance, pharmacy benefit management, and agent services. Proposals were opened on April 3, 2012. 
• Often, companies supplying insurance-related proposals wish to include information they consider to be proprietary or confidential. Doing so presents an issue for public entities because all information submitted in response to a request for proposal is public record. In order to cover these situations, the Florida legislature exempted confidential trade secret information from public records.
• However, the statutory exemption puts the public entity in the perilous position of having to distinguish, which materials constitute trade secret information and protect them from disclosure. The burden of sifting through hundreds or even thousands of proposal materials to identify confidential information would be extreme; however, failure to do so could result in significant legal liability to the District for improper disclosure.
• Accordingly, the District added a requirement to this request that any confidential trade secret information supplied in a proposal be marked as such and placed in a separate envelope. This procedure accords with the Office of Insurance Regulation‰Ûªs approach to submission of trade secret information as part of state mandated reporting.
• After reviewing some of the proposals, it was found that several of the pharmacy proposals contained confidential information that was provided outside of the scope and requirements. Risk Management and Purchasing met with Legal counsel and after hours of deliberation and conference with other entities, it was determined all except one of the pharmacy proposals were indeed non-responsive. The Health Insurance Committee confirmed at the evaluation meeting the findings and continued the evaluation of the responsive proposal. The remaining proposal contained high costs and as only one remained, should be rejected. 
• The committee is requesting rejection of the pharmacy benefit manager portion only for this request for proposal in order to update the specs and be able to solicit a new request for proposal for pharmacy only.

SCHOOL BOARD WORKFLOW 

50. School Board Workflow Items - p.72

SCHOOL BOARD PROPOSED AGENDA ITEMS 

51. School Board Proposed Agenda Items - p.73

BOARD COMMENTS 

52. Board Comments - p.74

• Robert Gause lobbied for boardmembers to take a stand on the FCAT

SCHOOL BOARD ATTORNEY COMMENTS 

53. Comments by John Bowen - p.75

SUPERINTENDENT'S REPORT 

54. Comments by Tim McGonegal - p.76

ADJOURNMENT 

Adjournment of Meeting

55. Adjournment - p.77