CorpusRecord 116

OCPS | 2023-06-20 School Board Work Session

A searchable transcript preserved as part of the Discourse Corpus. Passage numbers provide stable references within this record; verify quotations against the original recording when available.

Source
YouTube / OCPS Boardmeetings
Date
2023-06-20
Location
Orange County, FL
Material
Transcript
Extent
36,722 words · about 205 min
Collected
2026-03-30

Transcript

Verbatim source text

001good morning let's try that again good morning and welcome to the Orange County school board's work session which has been scheduled for today for the purpose of discussing School Board policy jic code of student conduct 2023-24 code of student conduct and operating capital budget the public will not have an opportunity to participate in this work session to provide public comment because this is not a regularly scheduled school board meeting no action will be taken today and there won't be no pre-agenda period in which the public normally addresses the school board on relevant topics that are related to the work of the board thank you all for joining us this morning board members are attending in person or telephonically so let me take a roll call beginning with Vice chair gallo present member Salamanca morning chair

002member farant I'm here thank you and I think member farant may be joining us from South America am I right or are you still here in the states yes I'm in Central America South America thank you member gold will be with us any moment member Felder president chair Dr Kester Dental good morning chair good morning member bird good morning good morning okay I want to remind the public that board members will not be engaging in outside Electronics or digital communication during the meeting so we can focus on the meeting itself giving our attention to the matters before us so if you email us during the meeting please understand you won't hear back from us until later on in the day to my fellow board members and District staff when speaking into the microphone please make

003sure it is turned on and speak directly into it so our YouTube and orange TV viewers can hear you clearly we will now take a moment of silence and then I will invite you to join us in the Pledge of Allegiance and before we take a moment of silence let me call on member Felder she's not expecting this to offer a few words on Juneteenth good morning thank you and you see I'm still wearing my June teeth paraphernalia again as I stated as we talked about it at the last board meeting I'm very grateful that ocps has the vision inclusive vision for all cultures and all Races because we are an educational institution and I can recall as a student in ocps I didn't know about Juneteenth in terms of a celebration here in Florida

004my cousin was in Galveston Texas the late Gerald Lorenzo Mitchell he along with the lady that's 97 years old that walks that mile those three miles they got together because the people in Texas they understood what that all meant and so it's education and I wanted I'm so glad that we celebrated and we're celebrating the fact that it happened but we are free and if you check your history you know the 13th amendment freed slavery you know Abraham Lincoln said it out there but the 13th Amendment had to be put in law I used to share it with my students that it couldn't just be black people and Africans that wanted to be free Caucasians and other people had to understand that Vision so that we could move and work together and this is what

005we do in an educational setting we work together we find what we need to do and we work together but I'm excited about Juneteenth and I'm excited that children can grow up and understand it was a dark part of our history but it occurred it occurred and we have moved on and we are moving on so thank you for allowing this opportunity to share Juneteenth and that it's just a part of history that we had in America and that's one of the things that makes us great as a country you go through you have some experiences and you get through it you get through it so thank you Jacob thank you I also want to take just a moment before a moment of silence to recognize a very sad passing of Reverend Dr Randolph Bracey

006we all I think most of us learned yesterday that he passed on Sunday he was the founder of the New Covenant Baptist Church of Orlando he was the Bethune cookman University religious depart religion department director former Orange County NAACP president and I think to all of us here at the diocese I can say that he was also a friend he was an amazing advocate he led a life of service and a life of dedication to important causes like equality and inclusion and all the things that member Felder just talked about for me he was an inspiration and as I said an inspiration and also over the many years that I had the opportunity of working with him on important issues and knowing him he became a dear friend so he is it is a great

007loss every time we have a loss of this magnitude I try to remind people that we have to find a way to fill that void so as hard as it is to fill that void and very big shoes I know how important it is that we continue to have people that follow in his footsteps certainly his family is committed to that so during our moment of silence one of the things that I will be praying for and I can't ask you to pray and that is obviously a decision we all make as to how we spend that time but I will be praying for peace for his family and for inspiration to our community all right let's rise now for the Pledge of Allegiance I pledge allegiance to the flag of the United States of

008America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all right Dr Vasquez I will turn the floor over to you thank you madam chair good morning we are here this morning with members of our team to look at the revision of the code of conduct for the upcoming school year staff has been able to gather input from various stakeholders parents teachers board members and are presenting to you the our proposal for the upcoming school year I will now turn it over to Sarah corn good morning chair Jacobs school board members and superintendent Vazquez today we are here for the code of student conduct the agenda is that we'll go through the timeline the summary of actions the proposed revisions next steps and then questions and

009discussions the tentative schedule is we did meet with Corin th sorry the mics are so sensitive thank you if you just pull it closer we'll be able to hear would you like me to start over is that okay I'll keep going I think we're good thank you the discipline team the administrative team met with cabinet on May 15th we are here today it's June 20th the rural development Workshop will be July 18th and with all hopes if we're on schedule we will have board approval on August 1st 2023 and at that point the new code of conduct will become effective I do want to note that we had originally advertised for board approval to occur on June 27th however based on schedules that was pushed back to August 1st the Board review today is that

010it is jic code of student conduct we are not actually reviewing the policy jic we are reviewing the code of student conduct jic incorporates that code the purpose of today is there are no proposed revisions to jic as I just stated however there are proposed revisions to the code of student conduct to comply with new legislation and rules proposed revisions have been made to the existing code of student conduct language to include content formatting terminology edits consistent with statutory language in addition revisions will be made after this meeting today to reflect administrate administrative title changes pursuant to the district reorganization because those are not substantive we can make those changes up until board approval and now we would like you to refer to the proposed Redline of the code of student conduct I am going

011to turn it over to Miss Joyner the director of discipline and Delilah Hernandez the area administrator all right we're going to go through the red line changes we'll start with the cover page which you'll see that the school year will be changed from to the 23 20 for school year it's Joyner yes I am assuming that because we have kind of segments not exactly chapters but segments that you probably want us to hold our questions till we get through with that segment do so you can do red lines that is whatever at the discretion of the board let's let's give that a try for starters okay and is it is it possible to make it bigger on the screen okay thank you then we won't be able to see the comments on the side so

012I think all right again just the changes were it's not long no longer the Amanda Co is the code for the 2020 I'm sorry 20 23 24 school year it's okay all right so the first change this is the summary of the offenses so as soon as it's approved by the board the red line will go away and then we will update the summary of offenses only I'm gonna do it for you yep to tell you about contents again it would be updated once the code is approved by the board this is a summary of changes for the entire code again once it's approved by the board the red line will go away the year change okay on this page we have a change to the title so it's going to be the final determination

013of Eligibility rest with the ocps senior administrator athletic and wellness service administrator we're adding under number nine for dress code that this includes clothing that obscures the visual identification of a person unless approved by the principal the use of a medical Mass worn for its intended purpose is permitted this has been added to make sure kids not are not wearing ski masks so we they can be easily identified there's also a change to standards of conduct on Transportation students must scan their RFID student ID or bus pass to enter or exit the bus all right I'm going to turn to Sarah the next section is zero tolerance for school related violent crime the definition has been changed and it has been amended and pursuant to section 100613 the Florida Statutes this is a statutory update

014that more clearly states exactly what schools are required to have zero tolerance for foreign policy I will start and then I'll turn it over to Miss Joyner based on an update to Florida statute 100607 we have added the statutory language that a student may not use a wireless communication device which in parentheses we've put a cell phone during instructional time except when expressly directed by a teacher solely for educational purposes a teacher shall designate an area for wireless communication devices during instructional time violations of the cell phone policy will be handled in accordance with the code of student conduct and may result in confiscation of the device and up until the violations part the first two sentences are statutory another discipline side for the consequence excuse me the cell phone will be confiscated but it

015will be given back to the student at the end of the day we already have a electronic device offense in our student code of conduct The Proposal is that cell phone usage is prohibited at all times during the school day from the first morning belt until dismissal and that is the proposed Revision in the code as of right now the next section is the safety and private spaces act this is added based on Florida statute 553 865 and it states that each educational institution shall within its code of student conduct established disciplinary procedures for any student who willfully enters for a purpose other than those listed below a restroom or changing facility designated for the opposite sex on the premises of the educational institution and refuse us to depart when asked to do so by

016any instructional Personnel administrative Personnel or a safe schools officer all of the information in this section is copied directly from the statute although it is not in the order that it is written in the statute it was changed around a little bit for readability so the next section States when someone may enter a restroom or changing facility designated for the opposite sex would you like me to read all of those out loud I'm hoping everybody has had an opportunity to read it and it is on board doc so I think we're okay and then we'll need to stop after this before we get to the next section so board members can ask questions okay great the next section in here states that violations of the policy will result in disciplinary action and then the definitions

017regarding restrooms and safety in private spaces outlined exactly as it what it is in the statute is included in the code as well so educational institution changing facility unisex changing facility restroom unisex restroom water closet female male and sex are all defined based upon what is written in the statute is the end of that section okay great let's go to member gallo thank you Okay so I'll I'll start with what I don't like first and then I'll move into questions because I know I only got five minutes that way I can Circle back cell phones I understand that we have data and research that shows that removing cell phones from from the students during the school day is beneficial I'm all for instructional time it is the law we have to we don't have a

018choice like the legislature passed a bill that says that we have to remove cell phones during instructional times however I do have issue with taking cell phones away during the entire school day or not allowing any use of cell phones by a student I think that if they're at lunch and they want to pull out their cell phone it's appropriate there are times when a parent needs to get a hold of a student the only way they can get a hold of a student is to text or to call I know when I had my one-on-ones with y'all they were like well the the parent can call the front office and the front office will take a note did we get more people working in our schools because the amount of calls coming in trying

019to get notes to students is going to be a lot and I don't think that we have the Manpower to spend all day long delivering notes from parents to students when they need to change them from being in the car line to being on the bus or going on the bus to be in the car line or walking to here or doing this or something after school's changed or they've got them a doctor's appointment in the middle of the day and they need to know about that so don't go here go here you need to go to the front office because I'm gonna check you out there's a lot of instances that doesn't happen every day but that do happen and parents need to get a hold of their students and I understand we need

020to regulate the social media and the social media is a big hindrance for us to be able to control our campuses and really promote positive behavior with that said we're blocking off social media unless they're on their cell service which I understand but we will be blocking it due to the other bill that passed I am just I'm never going to be in an agreement where a parent can't get a hold of a child if need be if my child and my children are grown but I used to text my students because I needed to tell them something or they need to be aware of something I needed them to change what they were doing and if the school district told me that I couldn't get a hold of them and the only way that

021I was able to do so would be to supply a note to the school and hope that note gets to my child because is someone going to call me back and tell me they reached my child is someone to call me back and tell me my child is in possession of that note they've read it and they know what to do because unless that's going to happen which is going to require more Personnel I'm not going to support a policy that does not allow a child to check in between classes or at least at lunch I'm not going to support a policy in the code of conduct that doesn't support a child to be able to look at their phone for text messages during a lunch period I just I think that takes it a

022step too far in my personal opinion I got two minutes the bus is on page so what happens if we have a new student that hasn't quite been able to get their card to get on the bus how will they have access to the bus number one number two if it's somebody who that's their bus but they typically don't ride the bus but they have to ride that bus on the morning or in the afternoon how are we going to get them on the bus and three what are we going to do for students who lose that card how will they have access to the bus okay let's stop there and see if we can get let's start with the buses because I think those are questions to our staff and then let's go back

023to the issue of cell phone and I think yes I think we pause there and talk about that issue and opinions on that we have everybody queued up to speak but if we can spend a minute on that so let's start with the logistical issues that were brought up about buses who wants to oh you guys ready to we had spoken with transportation and transportation had advised us that there would be a list on the bus of students as well so if someone did not have their card they would have a list of the students that were able or had a right to ride that bus so that we could make sure that they could get on and off the bus however the RFID Card was for ease of scanning so you didn't you know

024have a bus driver with a paper paper list and then everything could be logged in that computer that's what was discussed in cabinet to my recollection we were not going to just tell a student that they could not get on their bus because they did not have their designated card I appreciate that and so my follow-up question would be will they be required to have any idea I know there will be a list and by the way I think y'all for all your work I didn't say that at The Upfront but I know that this is a lot of work going through the student code of conduct so before I forget I do want to thank you for for all of the time and effort y'all's been on this it is really appreciated but will

025they be needing an ID like how will they be able to prove who they are on that list or if they just say my name's Johnny Smith Johnny Smith's on the list that's good enough that is not a question you want to answer that we have an answer to right now but that we can get that answer for okay Dr vest with so we currently do not require students to provide another form of identification many of them don't have another form of identification so we would not refuse Transit on the bus without another form of ID if that child does not have the ID and it's repeated then that would trigger additional actions on the part of the school to either issue another ID or if the child does have it and refuses to swipe

026then that could lead to then disciplined consequences but we would we don't have students with alternative ID all right let's let's I was going to pause on the next issue but on the bus issue board members that have comments or questions I do have one quick question since the language is very definitive must scan to enter the bus and yet what we're saying is they don't actually have to scan if they don't have it I feel like this language needs to be modified but I'm not exactly sure how we're going to modify it because obviously it's valuable to have that scanned and I also would understand if a student didn't normally ride the bus but they were riding it or they misplaced it but if we just leave it wide open we can have students

027that just say the heck with it so I know this is challenging because we need to advertise this but I do feel that when we say must and we don't actually require it Dr Vasquez any idea it is required what we're saying is that if there is an unusual circumstance when the child left it at home is new and hasn't had an opportunity to get one that we would allow them on the bus if they continue to not have it there will be consequences just like there would be for any other offense in our code of conduct so we are requiring it we do have steps in place in the event that are extending circumstances like one-offs for that particular time it is not something we would extend I think that was some really good

028language I also should have mentioned to the board members if you see this corn down there typing feverishly one of her goals was to have the word document up there and to try to the best of our ability to incorporate language consistent with what the board's direction is so that we have a final product to advertise I'm comfortable I'm comfortable with that Vice chair are you comfortable yeah and we're going to come yeah I'm going to come right back so my only question is what if they continuously lose this who's paying for it to get the device like if they're constantly losing their name badge and we have to replace it what's like how long would it take us to replace it who's who's incurring that cost so my understanding is the school encouraged this

029cost of the badge which is minimal I'm not sure what the but it's not we're not paying like you know multiple you know 10 bucks for a cart and again just like we would with any other offense against the code of conduct we would look to see why is this happening what are things that we can do to help this child comply with the swiping of the card if it may be that they communicate with the parent maybe it's a an ESC student that forgets it so what are some things that can be done in it to help this child be in compliance maybe we can attach it but I'm just letting you know my daughter I love her dearly she would have lost it on the weekly she went to college she lost her

030ID her car keys and her dorm key all in two days so I'm just saying okay what I have right this minute and because it's a little it's going to be a little bit confusing go with hand raising I have member Felder wanted to speak and the member Gould wanted to speak and on and then remember bird wants to speak anybody else on this issue at this point okay all right thank you chair first of all thank you guys I remember coming into my office and the time you took with me and I appreciate your work thank you so much I had a question about the ID with the bus with the ever-changing situation we have with bus drivers and them having to have bus drivers take over the route of other people I'm thinking

031about the expediency of getting a bus driver who is not accustomed to this route and not accustomed to Joe Blow always you losing his ID but I know Joe Blow you're on this bus what is that going to do in terms of making sure that Joe Blow is able to ride the bus because I'm a new bus driver this is not the route I normally take and I don't have her name on the list and I don't wreck I don't know that you do this and what is going to happen because I just want to make sure that there's levity across the board the children in certain districts certain schools because I do know that bus drivers who they don't like to drive the buses and some of the some of the schools in my

032district I can understand why because of behavior so with that being played in how much time is it going to take for them to to have to show that ID to a bus driver that's not normally on that route and the other thing is are we going to this is going to take an act not an act of Congress but an act of the district to make sure that the children across the board are being treated fairly about not having that bus pass by having that bus ID now that's my concern because we are not having the amount of bus drivers that we need we have a lot of vacancies and I just want even as we're trying to navigate through this very difficult situation I want us to take into full account all the

033children all the type of kids that we're going to be dealing with and parents about riding riding the bus and having an ID and the bus drivers I want us to consider that because that's the real fact we don't have enough bus drivers and sometimes bus drivers have to do double triple duty all they're doing is trying to get the kids to school okay that's my question all right Dr Vasquez thank you so I can appreciate the concern board members have I have a little bit of confidence in our students that they are going to have their bus pass and that it's not going to be something that they abuse as with anything that is new you monitor you provide feedback if there are kids that are not able to do that we research how

034we can help them so the second part of that is we have substitute bus drivers now there's processes in place when there is a new driver the list is there whether you're the scheduled bus driver or where either you are a new bus driver so that list of students names is not contingent upon you being the regular driver or a substitute driver and also the card was they're scanning correct but the concern was that if their name wasn't on a list and so that list is updated and it's available regardless of whether you are a substitute bus driver or a the normal bus driver thank you member called thank you so we often especially in areas where roads are extremely hazardous and challenging but within the two miles if there's room on the bus let

035kids ride will they have any issue with getting on the bus that's one question and secondly it is this data retained and tracked and what are we doing with the data of that scanning Dr Vasquez I'm going to refer to Mr Pacheco to respond to the question that board member Goulds posed Mr Pacheco you wreck it nice sir good morning board members chair yeah just to answer a couple of the questions that you had and concerns the tablets first to answer the question by a board member Felder the double is actually to help with that piece of it when they're covering somebody else's route because that will give them the turn-by-turn information on that new route so actually it actually does is a tool to help us with that piece when somebody else is covering

036they'll run for another driver because right now they will have to get it on a piece of paper but this one they would just have to say I'm covering route 10 10 and that the tablet will give them turn-by-turn information on on on data on on that route also the old question that I believe you all had was related to what if these are new driver he doesn't know the kids on that route the tablet what it will do and once the information is there or who's riding the bus when he gets to a bus stop it will pull the list of of students at the bus stop so if they don't have the the car one day the driver could manually look at the list you know of of students and make sure that

037he clicks yes and Roberto my son my name is well so Roberto yai was supposed to be on this bus they can click on it as well so if a student does not have his badge but we would like to have it at all times there is a possibility I was looking about on the tablet itself and being able to check that he's supposed to be he or she is supposed to be on the bus so what about the ones who we pick up but aren't officially on the bus because there's room they will have to be added to the list so you're even right now you're not supposed to be driving a bus if we have not added you to the to the route pretty much informing the bus driver that you need to

038be there so let's say we after two after I believe is a couple of weeks after the school start we always tell parents if there's available space on the bus where you'll be able to ride as a courtesy writer so once we do authorize that they will be added to the roster of those kids they're supposed to drive that bus or they'll be on that list okay and then the data where's the data go after they scan is that recorded on a daily basis on stores yeah I don't want to misinform you or specifically technically where it is but yeah it's collected by the system and the so the tablets will collect who's on the bus eventually we want to tie it up to the one application we'll be able to provide that information to

039parent as well by so when when a kid a student checks on the that is on the bus the parents will know with precise precisely if the kid has been has entered the buzz as well okay so I mean I see that as a safety concern but though they're never going to have a day they can skip school because it's gonna tell on them if they which is a good thing but it's just to make sure the two are not connected this one is mainly just for the transportation is not a attendance I understand I understand but I as a parent would know if my kid didn't get to school that day yes and then get on the bus so that's a good thing yeah it's a very good thing one of the faces the

040rental phase will be to have the app full of functional where parents will be able to know when the kid boards the bus and gets out of the bus as well okay thank you that's all on buses I have questions we'll come back to that in just a minute member bird thank you just on the buses I'm extremely thankful for this especially you know being a parent who had to go through that whole experience of having a student from another school that rode a school bus with a gun in his backpack to arrive at my daughter's school and I had to sit there and wait until they found him my very first call was what are we doing to make sure this doesn't happen again that a kid that doesn't belong on a bus rides

041a bus all the way to a school who doesn't belong to so I'm extremely thankful for this and I understand that there may be it may be difficult but I think it's I think it's a huge safety measure I think it's a great idea that parents can know when their kids get on a bus and off the bus know where the bus is if the bus is running late if they have to come back and pick up their kid because their kids still at a bus stop or whatever I just think there's so many great safety things but most of all that we are sure we know who is on each bus and that we don't have that situation that happened this year happen again so I appreciate you finding a system and a way

042to do that and it makes me feel much much better as a parent so thank you for that thank you member member Salamanca a couple of questions on the bus says Pacheco what's the name of the software that we're using yeah the software that we use is it's the provider styler I found my boss no you can send it to me after I'm just I'm just curious there has been a lot of other there's been a couple of other districts that are starting to track students at log in and check out but I guess one of the suggestions I have is maybe we could look into having digital IDs as in kind of the little wallet Apple ID and Android has the same it doesn't get lost it stays on your phone you have to

043log into ones I know there is more college campuses that are just doing them because students lose their idea all the time and I know there's a couple of software that do it I don't know if we looked into it but if you have the same way you have your boarding pass but not on your Apple on Android it's easier if you just have that it usually gets verified as well it's kind of hard to download onto your phone we would just have to look into what software it is so I'd be curious if we can look into it the one is yeah because I think my biggest concern as a student I lost my ID all the time and even when I downloaded it I just didn't bring it I would just forget it

044at home I'll leave it in the wrong backpack it was even our most responsible students lose their idea all the time I just know it's just a reality of it and I have concerns that I understand the value of having a student scan their ID and on exactly the right folks are getting in for safety so I'm very supportive of this I'm more worried that our issue is on how we have student ID still kind of in the printed version in a more digital world where every kid does have a cell phone for the most part and it's a good backup in case they don't have the paper copy if I if I can just ask a clarifying question I think personally I think that's a great idea I think the board most the board

045members are nodding the language we have is I think that's sufficient because scanning that ID would still be scanning it but just from a different form so from a logistical pragmatic standpoint will leave Mr Pacheco and his team it would be Dr shanoff but you know I'm gonna be here I.T to work through that thank you okay let's go to member Caster dental and then I'm going to check in with member for once see if she has anything on this before you know but you're I'm Sorry Miss corn do you have comment no I just wanted to make sure before you all move on to the next issue that we discuss and solidify if this language is being kept or if it's being changed so I just wanted to make sure before we go on

046to the next set of issues that way thank you finish this one okay very good thank you for asking for that clarification okay remember Castor Dental thank you madam chair I know that with younger students they could always have their ID attached to their backpack they always have their backpack with them for the most part so you just keep it there and they're not going to have their phones with them necessarily and I don't even though some people lose their bat their ID I think this is a life skill that we could teach this is your bus pass this is your Free Ride Pass and without it there are consequences if you don't have it so I think there are easy ways to manage the past or whatever the ID I don't think that's prohibitive

047and would they be when they scan in would they also be scanning when they step off the bus okay yeah that again we're we're doing these two phases first we're going to be making sure that the tablets are working correctly literally we're piloting right now we have efficient badges for for some students but the drivers are the ones doing it just to make sure that everything is working correctly but yeah that will be the plan will be for them to scan off the bus as well so that way the parent could be modified when the kid gets off the of the bus of the bus right that's all I have thank you all right thank you and let me go to member for rant and see if member ferrant has any comments on this issue

048thank you madam chair you guys can hear me okay yes we can hear you great perfect I am definitely in agreement with this I agree with member Castro dental and member bird I think this is a life skill that we can teach our kids I think we underestimate what our children are capable of and I think if they know that the ID is being used for a purpose they'll they'll hold on to those I have full faith in our kiddos I think right now those are a lot of the kids especially high schoolers will get an ID and as I'm speaking for my own children they've never used the ID for anything so it'd be easy to get lost when you don't use it but I think if if like member Castro Dental was saying

049if it's attached to the backpack but it's I think it's a great life skill I think just making sure I like that you guys are already trying to Pilot that this summer I think that's great and then just learning from any of the Little glitches but I also like the digital ID for kids who might have a phone and that's easier for them just giving kids options but also just for them to understand that hey this is something that we have to do it's for your own Safety and Security and also for parents to just know where their their child is at at all times so that's those are my thoughts on on this and then I have more thoughts if I can stay in the queue absolutely member front let me just make sure

050I think that miss envel is logging in for you is that right generally speaking are you doing I think it's Dr Williams okay great great but we wanted I wanted to pause there because we have the let's just speakers queued up but we're going out of order occasionally so I will check on the computer yeah so I will try to be diligent about checking in with you but if I don't just jump in what I heard Miss corn after having heard from everybody my account on this was that the board was in favor of it and if there's anybody who had a different opinion that we should not have the language in here at all let me know and then I think the only question is how we put that caveat in there that Dr

051Vazquez so eloquently outlined you know what I'm talking about yes go ahead please that we could refer to either procedures make it generic and then we include that in the procedures for the bus drivers that would be an ideal way to handle it so we just need something in here I don't think from a legal perspective we need something in the code regarding the procedures so long as Ms joyner's team and Mr pacheco's team are aware that in the procedures we need to know because for almost everything in the code everything is a must because you're supposed to follow it but then we have procedures for how we handle when those things don't happen so from a legal standpoint I would recommend that it still says students must scan their ID however Ms joyner's team

052could chime in on how they would handle that so we could get with transportation Mr Pacheco or who's ever in charges and we can with them to make sure we understand how it's going to work and then when we do our annual discipline training we will make sure principals APS and Deans understand the procedures with the bus checking in all right let's move on to the second issue that was raised by the Vice chair and that was cell phones and specific issues that were raised was the concern about not allowing the students to use them at all during the day the suggestion was allow them to use them between classes and at lunch and at a minimum at lunch and the concern that relying on parents who may need to reach their children going through

053the office and getting feedback so I'm going to ask for board member input on that issue beginning with member Byrd oh God Did It Again no I have I've analyzed it and I think what my brain it huh it's one syllable yeah yeah and it ends in a d I'm like trying to figure out why my brain is doing that well I'm really sorry I'm really sorry I'm I mean I should acknowledge that I am really really bad about recall on names this has been a problem my whole life but as I get older it gets worse so please forgive me and nothing to forgive you all are very kind thank you member gold so I would like to do everything we can to minimize use of cell phones during the day at least this

054first year and see the impact however I do agree there are times that we need it so I could we create something like a cell phone pass like you have a restroom pass I can tell you that in the schools that implemented that this year and the following year the concern that board member Gallo raised has not been an issue I will state that the schools were deliberate in ensuring that students had access to phones it's not just the office so if there's a phone and the guidance counselor if they're a phone and the teachers any phone they would be able to if they got the message please call or Susie needs to reach out to her mom they were able to then go access the phone make the phone call and come back and

055they did not have additional staff they were the staff that they had I'm not saying we could not come up with a pass if that would be and I'm not I'm not even sure if that's not something school some of the schools have already done but certainly we can look at variety of ways to ensure children who need to reach out to their parents or vice versa are not denied access to a phone so here's here's I'm going to throw my children under the bus again as I have so many times both of them had forgotten assignments I would not necessarily want to call the office to tell them they had forgotten the assignment but I could reach them bring it to the locker at Olympia they'd come pick it up and have it for

056the class that they needed so they didn't do it often but it did happen at least once with each twice with one once with the other one and they didn't realize it prior to their class but I saw it on the counter and delivered it so that they could get it I just I wouldn't want to notify the school that this Simon home necessarily huh okay sorry we're not asking parents to disclose why they want to talk with their child it's simply I need for Susie to please give me a call it's important so you would be able to have your child meet you at the locker room to pick up their assignment without staff knowing that although these staff that you know the ones like the ladies sitting here remember you check in now

057there's a much more formal process yeah well you still had to but I mean it was right behind the desk but anyway so I you know I don't know if we have time certain like lunch that they can use phones but I really want their social behaviors to increase so I don't necessarily want everybody sitting at lunch on their phone trying to catch up on their social media either because they can get cell service in the lunchroom and at least most of them that I've been in so I would like to do this but I think our team needs to be reasonable on the disciplinary piece of this as we roll it out this year and I don't know if we need a procedurally you know it's more like a three strikes you're out kind

058of a situation instead of a hard court no sell which is what it says so the conversations that we have had about the consequences for the cell phone we would never not give the phone back to the child at the end of the day regardless as to the number of times that they have their phone out we would possibly then they wouldn't have access to it during the day right they wouldn't have it on them or we would have a parent conference we would try and problem solve but we would not keep a child's cell phone after school they would always have it in case they need to reach out to their parent as we've discussed at the Dias many of our students are walking home or by themselves and that really is the only

059connection so the consequences really would not be the restructure you're out it would work around what is keeping you from adhering to this cell phone policy and working with the parent as well to see how we can best accommodate and in fallow up I think that you and I have talked about this I don't remember if we talked about it at the diocese but what wasn't there a dramatic discipline decrease as well in these schools as well as increased socialization I cannot we did not quantify the socialization I can tell you there was a significant decrease in bullying and fighting in fact that was the number one recommendation of our discipline task force and they felt very very strongly that the cell phones are contributing to a lot of the discipline issues that we are

060having related to disturbance and fights and bullying and so in those schools where they did implement it and you know the implementation that those first that first month two months you know you're growing into you have growing pains and then you're adapting you're making sure the information is there you're working with the student and the parent to make sure they're safe they're comfortable that they feel if I need to get a hold of my child or my child needs to get a hold of me that they know they're going to have access to that phone and that was key in the implement the successful implementation at the schools where where they've done that thank you okay that's the last comment that we have no I'm sorry remember bird I didn't see you anybody else on

061this remember I also want to mention I have I think I have a couple things on a cell phone I was trying to stick to this issue remember bird and then member casser Dental correct no okay okay and I'm sorry remember bird and then remember Salamanca okay yes you're right okay I have one of the schools that implemented this and every time I go visit the school the principal talks to me about how great it's been and all the changes that it's made on the campus so I'm I firmly believe that it can make a huge change I too am nervous as as a parent of this like not being able to communicate with my child but I know that you know there was a time where there weren't cell phones and everything life went

062on so I'm sure that this can be done my question is and this is what my own little talking crowdsourcing information from kids and friends of my daughters was well cell phones are all right it's always been in the policy that you shouldn't have cell phones but what's the difference what's going to be different now than it is now where a teacher will just walk up and say put your cell phone away as opposed to like what what how does this change because this has always been in our policy that they're not allowed out during instructional time is it just because we're not allowing it during in between classes or during lunch or how how will a school handle it differently now with this Dr Vasquez so our current policy gave the principal the flexibility

063to allow them okay and so with the proposed changes that goes away they will all not be allowed to have their cell phones out and they will need to Monitor and follow up with those teachers who may be allowing it and the schools that implemented they did they because the children well I trying to think of a better term but we'll rat out the teacher yes I was able to use it and then the other kids go to administrators or the Deans and say hey why is so and so allowed to use her cell phone in the classroom and we're not and so that's part of the beginning beginning of the year monitoring reminding implementing and making sure that they're all in the same on the same page okay so it's it's kind of a

064leadership in the schools they will not have that flexibility okay and then my other question is where it says a teacher shall designate an area for wireless communication devices during instructional time does that doesn't mean cell phones are collected that means they can stay on the child just put away that could be the designated area in the backpack what Mr Paul Marini has also worked on as well as that the designated area will be away we are not going to have a bowl at the front of the classroom where all of the students have to deposit their cell phones before each class or anything like that the designated area is out of sight along those lines just to add cell phones will also be the auxiliary components of a cell phone so that will also

065mean that you can't be talking to someone on your air pods in the hallway because using your airpods to make a phone call is using your cell phone okay maybe that could just be a little maybe we could just say that somehow in there so it doesn't because it kind of seems like when I read that I'm thinking a designated air area but I knew because I had spoken to you about it but that just concerns me I just want to make sure cell phones are not taken from our kids in the classroom for safety reasons and then the other question was member Gallo mentioned that we're blocking all social media and I know that we talked about this recently but it's not actually all being blocked is it because I know like schools use

066Facebook Twitter Instagram communication and talk about the social media part for when we get to the internet policy because then we could have Dr shanoff come up and he could talk a little more about the I.T and what's being blocked is that possible yeah yeah that's fine so you know I don't know I mean it's kind of I totally understand I understand the thing that I've heard most about were fights is that a lot of communication goes on over the cell phones where fights are gonna be when fights are gonna be where to go for to see the fight to watch the fight so I understand that this had a huge impact on that and in one of my schools but I understand member Gallo it makes me nervous as well just that knowing that

067I can't get a hold of her if I needed to so I get it but I don't know I'm kind of up in the air but I understand thank you hard to take the mom out of the mom member bird one other thing I do want to mention this language is statutory language so I think part of the reason that it's in there I think we're probably required to put it in there because it's verbatim one of them remember one of the proposals I was going to state was we could put a little star there and then put a little asterisk on the bottom that the designated area will be the student's backpack and that way that will take care of that situation or purse or you know we can put the designated the designated

068area for wireless communication oh I see that's the use of them the storage of them good point okay very very good point Thank You member bird member Salamanca yeah I was going to say that if feels too broad to just say designated area it sounds like we're giving teachers the ability to potentially put it in different spots as well and ideally if we know exactly what we mean we just explicitly say it on there the other I mean so I know in majority of schools this might not but one of the things that really comes to mind to me is I have like Nonna high school it's three thousand plus students and during lunch having an administrator get a call and say hey ex-mom wants to talk to X student I don't know how they

069find a student among 3 000 students during lunch at like Nona High School and so I think like I'm very supportive of the no cell phone usage during structural time but I do worry that during lunch time there's almost this like blackout period on accessing students if I as a parent need to text my kid about some something so Dr Vazquez please so they be able to reach out to the student when they're in class it's not just during lunch so if a parent calls and says I need to speak to my child they would reach out to the child where they are in class let's say lunch has already passed or hasn't come yet and the parent and the student would then be able to reach out to them it's they're not making the

070phone calls just during lunch time no no it's 40 minutes or whatever of launch is kind of a inaccessible time for a student basically from a parent's perspective and if I'm a student right now a lot of the communication does happen via text during lunch specifically and so my general concern is lunch enforcement and how strict we're going to be on disciplined for lunch accessibility because I know currently I think Lake Nona high school has no cell phone usage except during lunch I think it's a current thing correct and that's where most of the issues with bullying fighting social media take place is during lunch and so again if a parent reaches out and I believe lunch is 25 minutes if I'm not mistaken if they can't find them during that 25 minute time period

071they'll be able to go to their schedule and see okay they're gonna they're in Miss Smith's class they'll go to Miss Smith and be able to reach out to them so they can contact the parent is to be more explicit on designated area thank you member Salamanca let me check with member from wait one more one more thing sorry when we talk about wireless communication devices we only mention cell phones not airpods Apple watches are kind of a weird one because it's a watch but you can text and call Donna that is covered in the discipline offenses level one two three and four I'm not sure if we can add it to the cell phone policy here because this is you know from this from the State statue but we will address cell phone accessories

072within the code I'm just pointing out an Apple Watch is not a cell phone but you can text and call from an apple right so right I was going to suggest suggested language on the bottom where it would say cell phone usage and then put in parentheses including auxiliary devices is prohibited at all times during the school day if this board so kept that sentence in the code that probably makes sense I the other suggestion based on the comments so far was that after it said a teacher shall designate an area for wireless communication devices during instructional time there would be an asterisk and then below it we could put the designated area will be on the student's person such as backpack purse closed pocket Etc which would then show that the student had to

073just keep it away if that was something that the board so wanted added okay thank you let me go let me check with member for Ron member ferrant do you have anything on this topic we're discussing right now yes thank you so much yes as I'm looking at it I agree that I think we do need to have an asterisk talking about a teacher shall designate is that part of the statute like the teacher cell designate because if if we're able to remove that entirely and just say the student will be required to keep that on their person okay that's verbatim language which is why Miss coron has suggested that asterisk to clarify what that will mean to us okay perfect yes I agree then with Miss Corin and I also like your Miss more

074and what you said at the bottom where you'll do a little asterisk that said any auxiliary device will also be included in this I think that's helpful for parents this will be something maybe they would Zone in on this particular part of the the code of conduct and maybe you won't go through Page by page I mean there's 76 Pages I don't know too many parents that are reading page page by page but possibly but I also want to just state that this is again another life skill that I think our children can learn and I think we're allowing them the time to have that socialization especially during lunch time in any of the schools in District 3 where they have removed cell phone usage throughout the entire day including lunch or hallways any of

075it they've seen an increase in social skills and their students where they're hanging out they're talking they're looking at each other during lunch instead of everyone on their phones and no one's communicating so I think this is huge I think as much as it's hard to see change I think this is from from the schools that have done it already we've seen a huge Improvement not only in their social skills but also in the Bullying like Dr Vazquez said bullying and the fights and such so I'm definitely for this I think it's great but I think just making sure that the parents excuse me administrators and teachers are 100 on board and are going to follow through with this that's the key is for them to be on board with it because if we do

076have teachers who are kind of slack and say hey if you want to you can in my class that's where the issue is so it's got to just be a real strict across the board no cell phones it's on them if there's an emergency but I think it's I've seen huge improvements in the schools since implementing this thank you member from Vice chair thank you so I still have concerns about the cell phone you know I get that we've we've got to honor the statutory language that was passed however the cell phone usage being prohibited all times during the school day that's us that's an US policy that's not that's not in statute I just feel like I feel like that it's a step too far I feel like it's an overreach especially with watches

077like so we're going to tell students they have to put their watch away they can't use their watch they're gonna have to disengage their watch from their phone because you can get text I can get Twitter feeds I can get everything on my watch that I can on my phone and as a parent if I bought us a watch for my child I don't know I just I understand the discipline we need to address it I'm for the I'm for addressing it I'm in the minority on the board on this one but I just feel like it's up to the parent to parent and by us saying you can't use it during lunch time because we want to force socialization we're Parenting by forcing socialization when these conversations need to be happening between a parent

078and a child on what their expectations of their cell phone usage is and I just I firmly I believe that this is a government overreach and I know I'm in the minority but I just I do not agree with that last underlying sentence I'm okay with it being not allowed to use during the intermission of or between classes but at lunch time I feel like if a child if they're not abusing it they want to pull it out to I just it's a control issue for me and we're trying to control students especially high schoolers and I think that they're going to and I None of these policies have been in place at any of my schools so I don't have the benefit of walking into one of my high schools and seeing implementing and

079seeing that it went well and that students weren't upset and that parents weren't upset maybe if I had I'd feel differently about it but I'm always going to I'm always going to err on the rights of students on the rights of parents and again this just feels like not allowing it at lunch is an overreach Dr Vasquez if you want to respond thank you so I neglected to mention that you know throughout the town halls that I did there was a complete parent support about cell phones and limiting their use and for the reasons that we said State their concerns about discipline bullying and mind you it's it was by no means the masses but I also have heard from the principals that have implemented this that their parents are also supporting the policy we

080have in the past made revisions to policies throughout the year so if we implement this and we find that it is too restrictive we could always come back and make changes I would probably say we want to give it a you know a period of time to be able to make sure we've settled into the routines that we understand it and we're able to make sure it's being implemented in the way that has been successful and then if not we could come back and revise it's not something that has to stay in stone as far as the usage during during lunch time the one with the instruction that's that we have no control over but our number one concern is to make sure our kids are safe and what's happening with social media with bullying

081with the fights almost all of them tie back to the cell phone and so I believe that with a strong implementation and communication plan so that everyone is aware that we and we monitor that this is going to be successful and that we'll see more good and that the concerns that have been voiced by some of the board members will be addressed so it just isn't you know I don't know if that makes you feel a bit better but we could you know after a period of Time come back and say you know we need to go back and let them let them use it during lunch time okay hopefully to almost wrap this up I on the issue of lunchtime I understand in the IEC Dr shanoff over here when we got to that

082subject nodding strongly that lunchtime is a time when a lot of communication has gone on regarding fights and other disturbances and for that reason I agree with this language but I also understand the difficulty of enforcement and with watches I think it's a very good observation that I'm sitting here right now and trying you know to make sure I'm not getting any calls and text messages and a friend just texted me and it's almost like impossible not to see it so I think enforcement at lunch is going to be particularly difficult but I still support that we try it and I agree with Dr Vasquez said probably an equity issue that those kids who have watches will be able to get away with it with kids that with phones and pulling them out won't another

083interesting technical observation the one thing I also think is I think we need to eliminate that last sentence and the reason for that is statutorily we have to put language in that says that a student can't use their phone except when expressly directed by the teacher solely for educational purposes and since we need to allow the teachers to use that for educational purposes I don't think we should have a sentence at the end that contradicts the language in the middle I just don't think we should ever have contradictory language in our policies so for that reason I strongly in favor of eliminating it and I think I remember Salamanca wants to speak and then I think we need to just kind of summarize where the board is sure if I made that sentence could say

084cell phone usage including auxiliary devices is prohibited at all times during the school day except when expressly directed by a teacher for instructional purposes totally that would then clarify be consistent thank you both areas yeah I agree with that thank you member Salamanca thank you chair another that's a little bit more about implementation and communication is the difference between not allowing the use of it versus and I worry that maybe teachers or administrators will say turn off your phones and my concern with that is if you turn off your phone a lot of your tracking devices or find my friends that maybe parents care about become a thing so I worry about some folks taking into extreme maybe and so I know we don't maybe need in a policy but in communication and implementation and

085making clear that we should not being saying turn it off because I think that's when maybe we complicate things with some of the parents concerns as well and it's a fine line but a very important one okay so to to summarize where the board as a whole is what I hear is keep the language in I think that was a good observation and just by head knots I think there was support for not making it clear to teachers that were asking them not to use it but not to mandate that it be turned off we have a modification to the sentence below that incorporates that it's broader than cell phones it's other accessory items whatever you're going to come up with and was there anything and member Caster Dental wants to comment but anything else

086that we've covered so far on that you need clarification in terms of the consensus of the board no just to make sure because we do have to republish this if I could just read the two sentences that we were going to add so that we have the specific language and there's no question later on I don't know if Dr Ambassador wants to go first though yeah let me take her comments first and then we'll come back to that thank you thank you madam chair I have a concern with the and slurry devices I have an Apple watch the uses are similar but they're much more restricted than an Apple phone but so many people have apple watches and need their watch I don't want to just say you can't wear your watch can we I

087don't think I yeah yeah I don't think we're gonna we're not saying that you can't wear your watch what we meant like if you have your earbuds in and your earbuds is connected to your watch you can keep your watch on but you're going to have to remove your earbuds but my watch is a is it attached it's connected to my phone I think the issue would be using the auxiliary device for for cell phone purposes so if we need to clarify that in some way but it would be using your cell phone or using your watch so if your watch is on your wrist but it's in theater mode or Airplane Mode then you're using it as a watch you're not using it as a cell phone I don't know but I can get

088texts from people on my phone I mean on my watch and I don't think that's necessarily disruptive or intrusive I mean if everyone else has their phones away I could respond back but it's very arduous and you can't really get much you can speak into it I can do walkie-talkie mode I can tie it in there's there's a lot of uses so maybe but at the same time I can use it I can limit its use I don't think it has the same issues as a phone as being disruptive but I think we need to look at that a little closer I don't want to restrict the Apple watch and can I call in Dr Vazquez just go ahead and so yes you really can do quite a bit with your watch almost as much

089as you can on your on your cell phone so I am in agreement that we do not have to tell the students that they would have to take off their watch if they're using it to read text messages or to text or in other fashion then at that point they could look at you know telling the student you're not supposed to be using your watch for that purpose and work through those individual situations I don't think it's something that has to be directed in there and I think those the schools that have implemented it they did not stop the watches they still have their watches and they have been able to enforce the policy sure children can use it and that's just a matter of reinforcing and communicating with the students in a proper manner

090so I agree that we don't need to have them take off the watch you want to read the sentences that you have sure so the first one would be that after the sentence of a teacher shall designate an area for wireless communication devices during instructional time there would be an asterisk and then below that it would say the designated area will be on the student's person such as a backpack purse clothes pocket Etc and then the sentence on the bottom would say cell phone usage including auxiliary devices is prohibited at all times during the school day from the first morning bell toll dismissal unless expressly directed by the teacher for instructional purposes so the one the one minor thing I would change a backpack isn't technically on a person's person unless that person is wearing

091it and most of the time when they're in a class so say on their person including or in a backpack I think most of the rest of those would be on a person's person I don't know a person's person is correct language but anyway everybody okay with that some kids do sailing class all day long in the backpack I understand some do but many don't so if we say it's on your person a backpack may or may not be on your person but we still want it kept that would still be the designated place whether the backpack was on your I know I'm being technical I'm sorry it's just based on that because but I got I got reinforcement from Member salamanca's team the designated area will be on the student's person for example a

092pants pocket or a backpack purse Etc I don't know how about if you just said anyone else wants to it doesn't matter we'll be in the student's backpack purse or pocket yeah perfect thank you that's yeah that's much easier than whatever okay okay I have a question a timing question the no matter how much time you allocate you need to triple it for our board and that's not a criticism well we probably could all be a bit more concise how am how critical is it that we get to the budget today okay all right let's we're moving on to the next issue and I think I've heard from everybody huh that was a big one okay I've got I've got some things on I'm actually I'm queued up next page eight page eight oh you

093guys have heard this if we could take out returning property on page eight for level one since we don't have stealing property in the offenses and I think we have stealing property on a level three but we don't have return of property oh sorry and that's kind of more of a technical change we just I think we have the return of stolen property in the wrong places we discussed it also in a pre-meeting why say we let me be clear for anybody who's listening the staff and I didn't discuss anything with board members on page 15 my comment there is we say the code applies to all ocps students in kindergarten through 12th grade including high school and school age students attending either Technical Center just so I know does the code not apply to

094folks that are attending our technical colleges that are not school age the answer is no it does not okay thank you next is Page 21. we are trying to use child friendly language because I think because this is elementary school if I'm remembering right but we use the term decorum under the student responsibilities to maintain a decorum I don't know what a more child-friendly term is but if I'm right and this would apply also to Elementary I'm not sure that kids necessarily know decorum yay I love your team out there I mean because it's actually really valuable to to get input from our students sitting in the audience they're like yes no so another word if if we got a thesaurus brain behavior that enhances yes to maintain behavior that enhances I like that thank

095you that works page 31 just to be to keep track so is that a recommended change to change on page 21 the word decorum to yeah and I'll come back and get feedback from board members on each one of these page Zero Tolerance I know we talk about Zero Tolerance I'm just not sure when I hear that term it means I'm yeah and I'm not I get we probably have to use that term I just wrote a note to myself can we Define zero tolerance I and it's statutory so this is statutory and zero tolerance policies must be required everything that is written in here in the red section is statutory okay okay the other question I had on this page fighting in self-defense if the fight causes a major campus disruption or A disruption

096on campus it may be a level four my recollection and this isn't about changing the language but my recollection when the board was very conflicted on the student who pushed or hit somebody in the back of the head and it resulted in a major campus disruption but the board was conflicted on whether or not that was the intent and it is my recollection that it re automatically was a level four and this says it may be a level four so again it's not a change of language but at some point I'd like I'd like to be clear that's what we mean may but not automatically is that correct so A disruption of on campus is now a Sesser offense so we could possibly put an asterisk there to link that to the assessor offense but

097there is assessor offense and it says disruptive behavior that poses a threat to the learning environment health safety or welfare of others examples include bomb threats inciting a riot a false alarm and then there are additional examples as well in Sesser so that is something that we can that would be where that would go to it would then go to assessor offense okay but in that well well I think probably have as long as we really mean May and not shall that's what we mean okay and then the next and last comment I have on this section because I think we ended this section on page 33 is on page 32. and this is kind of a this for me is a bit of a big issue we have the restroom policy on the statutory

098language doesn't actually prohibit a person from using the bathroom that they identify with even if it's not the bathroom of their birth their gender assigned at Birth so you can statutorily as I read it use that the bathroom you're identified with we have defined which bathrooms you can use each school which is also consist consistent with statute and the statute says that what's unlawful is not to leave that bathroom if somebody asks you which is different from you can't go in and yet we have I think we have the statutory language in the first paragraph but then we make that more strict in the second paragraph chair the second paragraph is also directly from statue everything that's in this section is directly from statute so while the initial sentence does state that the section of

099refuses to depart the next section of the statute does state that a person may only enter a restroom or changing facility for these reasons that is all directly taken from the statute may I suggest that please we cite to the statute and use quotation marks please sure one one other just observation about all of this the board has talked quite a few times about wanting to make sure that when people read this they know what is our intended what what this board wanted to put in and what was mandated and I'd like to find a simple way for us to do it instead of and maybe it's italicized maybe it's bold italicized some other way that we denote that it's statutory so that it's always clear and something at the beginning that tells people and

100maybe the asterisks work I just really do not want our students and our families and our faculty and our staff to attribute motivations to this board that may not be accurate member Kester General you want to comment on that specific issue yes thank you madam chair the term statutory is not understood either by a lot of people in the general public so maybe clarifying what that means as well that it's state law required by state law good excellent observation okay anything that's those are my comments you all are clear on what they were I know I ran through them fast board members in terms of the comments I just made any concerns with any of those they were fairly vanilla okay Vice chair I think my concern isn't so much with with the policy because

101it's verbatim what's out of state law so my I guess my concern would be the recommendation that we're going to be giving to schools to make sure that those students who don't feel comfortable using a male or a female bathroom have access to unisex bathrooms where available and are allowed via pass or whatever to get to those bathrooms if it takes more time like there's got to be some accommodations made for students who don't who feel unsafe entering a female or male bathroom and we have there's an eighth grade student that I know that has transitioned and has like a full-on beard and I don't know how we would make that child go into a female bathroom so we just I want to ensure that they'll be good clear concise Communications with our schools on

102on how to handle those situations because if just one percent of our population identifies as transgender in our County because we have 215 000 students that could be 2 000 students we're talking about and so I just want to make sure no student is harmed but I agree this is this is statutorily correct and I have no problems with the language so because because because public may be watching this and hearing your comments but not seeing Dr vasquez's response body response Dr Vazquez could you respond to that I body language is clear oh so absolutely I share the same concerns voice five board member Gallo we as a practice in our schools have worked to have individual communication with our lgbtq plus community of students to ensure that we are helping them feel as connected

103and safe in our schools given the changes that are taking place and so we would definitely work through our student services department and through our principals to individually work with students and making sure that if they do not feel safe and they need additional time because they're going to a different restroom I think I might have shared this with the board with some of the board members but in one of the round tables that I had with our lgbtq students and we were talking about restrooms some of them share that they do not go to the restroom during the entire school day and I was just I mean my heart broke because of the fear they must feel to not use the rest and then the health challenges that result as a part of that

104so we work through our safe coordinators through our guidance counselors to make sure that they do have Avenues to use a restroom and we will continue to do that now given the new regulation thank you Dr Vasquez for elaborating on that all right next up is member gold yeah it did already and we're on any topic you are any topic that we've covered Vice chair Gala member farant zero through page 30. anything from member for on yes sorry I couldn't get that mute button off for me I think everything that you brought up I think was a great great thoughts good good catches on some of those technicalities as far as the bathrooms I think we also have to I mean I'm in favor of the bathrooms being brought back to male and female I

105think we do need to make sure that our schools are working with the parents or with those students who do not feel comfortable going to those specific bathrooms and make that they we work with them on a case-by-case basis as far as what Dr Vazquez brought up speaking with lgbtq students who do not use the bathroom cauldron today I have also spoken with dozens of students who are not part of that community but also feel they do not ever want to go with that their concerns for the kids are doing inappropriate things in the bathroom as well as smoking The Vape devices and they don't feel comfortable in going to the bathroom so I do think we need to look at our and figure out something whether it's a vaping detector different things like that

106where all the student schools feel comfortable using the bathroom whether it's a group of them or a single cell bathroom but kids shouldn't feel go to the bathroom or nervous comfortable having to use the restroom and so I think that if we could just look on that make sure that those bathrooms are free of The Vaping free of inappropriate happening that would be my to Pittsburgh other than that I think it's part of the the policy on I'm in favor of everything that's Dr Vazquez do you want to yes thank you board member for Ron and yes we do have other students because of vaping drugs you know fights that don't feel you know comfortable going into restrooms and so our schools work to have adequate supervision we have looked at The Vaping tool that

107alerts and so we'll continue to do that because all children should feel safe in our schools and feel that they can learn and not have fear interrupt that learning thank you wonderful thank you okay let's move on so just to clarify the one the two changes that I picked up that I want to make sure we have is are we changing the word decorum to behavior on page eight anybody on comment on page 21 anybody uncomfortable with changing decorum to behavior no okay we're comfortable with that and then also we will cite directly to the Statue and use quotation marks for the safety and public spaces act to make sure it is clear to families that this is entered for statutory reasons correct and possibly identify a way of consistently communicating that in either like

108you said quotation marks a different script some way that anybody reading it will go oh yeah oh yeah oh yeah if we can figure that out between now and advertising we'll make sure that's clear when the new edit comes out okay and member bird you had comment maybe we could just do as required by state law before everything that is state law in here and then and then we could even put in parentheses after you say that the Florida statute number blah blah blah but I think just flat out saying as required by state law would make it very clear and then I have a quick question on page seven I forgot to ask earlier under consequences for level two special work assignment I saw that on there and I thought I was I'm very

109interested to know I don't know if it's anywhere else it was just some level two what a special work assignment might mean and I'm interested in that because I've always said I think we should be giving some special work assignments to kids I think that would be a great consequence so when I saw that on there I was like oh maybe we are doing that and I don't know about it so could you kind of explain to me what a special work assignment might be because that would take place out of school it would be I'm just gonna give a couple examples with a parent's permission if you want a kid to maybe help clean off the tables in the cafeteria or if they were given a detention after school maybe you're going to maybe

110help pull Louise but any type of special work assignment that's related to discipline you always have to get parents permission first okay great I love that idea because I just think it not only is you know a discipline but it's something that they can they're doing something to help the community which I always think is great and then but there it's also something they can look back and say look at what I did I actually accomplished something here even though I was in trouble you know so I think that's a great idea I'd love to see that used more often thank you're welcome thank you member bird Vice chair I'm sorry this is I'm going back to the cell phone policy and maybe this was answered and I missed it and I know it was

111brought up but in the first sentence it says and then maybe we changed and I missed it says the student may possess a cell phone on board property on school transportation at school activities provided that during the school hours a cell phone remains off I thought we decided that we were not going to we were not going to make a student turn off their cell phone that is actually we did discuss that so that we can it's up to the board's discretion but the cell phone could be just the remains off part could be taken out and it can just say concealed yes concealed everybody good I think there's enough positives right now we can move forward with that good catch good catch okay Dr Vazquez member Castor Dental thank you I wasn't clear on

112whether the phones were going to remain on silent okay I just said everybody good with because I heard you everybody good with taking off off but putting in and remain silent okay so I saw everybody's head either not yes or not not okay but anyway that's also good catch thank you okay we ready to move on all right this time a section will mean each time you have one of those blue lines there was a request from the discipline task force regarding hate speech to make sure that it was clear in the code of student conduct that hate speech is covered in the code of student conduct so this section reiterates the ocps policy JB that talks about how there is respect for all students there is a typo in here for non-discrimination that needs

113to be changed so that will be changed to non-discrimination not non slash discrimination when that is republished but then it does State on the bottom after we discuss the policy that the use of hate speech will not be tolerated and violations will be subject to the ocps code of student conduct okay let's pause there member filter thank you I'm so glad that thank you chair Jacobs that is in the policy and I'm I'm just wanting to reiterate make sure I have a good understanding that the students understand the policy about it but in classes where reports are being made or classroom discussion that be also closely monitored my instructors that we had an incident and I know you know what I'm talking about that occurred that you don't allow in a report of some kind

114of way and I know this is for student code of conduct but I want us to also understand that students if students allowed to do it by their instructor even though it's against the student code of conduct I just want to make sure it's a district that we make that very clear to our instructors and people who are in administration that they have to follow this student code of conduct and so should them excuse me social they excuse me follow that and not allow that sort of thing to happen because that was not was embarrassing to me as a school board member this district for that to ever have occurred so I hope it I know the children will have it but I'm hoping that as we meet with our administrators and teachers doing pre-planning

115or whenever they meet that is clear that's not allowed okay next y'all can move on to the next the next change was for hazing and this was purely just updating the statute the statutory language I have one two two things on this section under sexting the last third line down we say that sexting this is this is a sentence structure issue probably miss emblem being the former English teacher language arts teacher can help sexting will not be tolerated and shall be just cause for disciplinary action during and then we go on to list the times during which I know that the intent of this is that sexting will not be tolerated during school hours while on board property or Beyond blah blah blah blah but when I read this the first time I read this

116that the disciplinary action will occur during this period of time so I would suggest that we restructure the sentence to make sure that the sex thing will not be tolerated during and shall be just cause for any objection okay the other question that I have is under hazing we use its line five down we say that any any student Ploy employee parent guardian or third party who has knowledge or engages in hazing May report it directly so I kind of felt like if you have knowledge you shall report it instead of May report it must report it obviously we can say if you engage in it you must report it but they're not going to report it but we could say it but I just I'm just do we I like I know there are

117certain things that if you know about it you must report it to DCF statutorily but I just don't think that we need to obviously you may report it but I would prefer that we shall is there a reason why we can't require that if you know this you can report it anonymously according to this but I still think it should be reported especially when I think of all the stuff that happens at College I just think we need to have a cultural shift that certain things are so intolerable that we need to call in the social conscience of our students our staff and parents to act on it yeah so I agree I think that where we also need to be mindful is if a child if you find out later that the child knew

118about it and they didn't report it you know what actions if any would be taken towards the that particular student we typically look you know at counseling or just a conversation but in some of these cases there may be fear and ramifications Associated correct so I don't have an issue putting in their shell I don't and I don't know if legal does because I think we are setting the expectation that this is not tolerable we need to know about it just like we do with with weapons and drugs but I just might we would need to make sure is the consequences or the follow-through if a child if we find out that a child did not so I think that the statutory to require employees to report things I don't necessarily see where from a

119statutory perspective we can require a student to tell on another student for someone that's doing something wrong and I do think that is where that issue comes in because if you're going to do it for hazing then with that slippery slope are we requiring students to tell on their friends or report their friends for every fight or every time they use their cell phone Etc because then that's where that comes in I do think that we can say any employee or third party that third party contractor shall report it but I'm not quite sure that we can require students to report on other students so I hear what you're saying the one the one concern I have and it comes up later is that this is the student code of conduct and there's another section

120that is total not section but another subsection that's totally devoted to what the adults can't do and I think that belongs someplace other than the student code of conduct so if we're going to take out the students they can do it anonymously to speak to superintendents concern but I also miss Corinth I hear I don't understand it but I appreciate as counsel you have more knowledge than I do about what we can and can't do so one possibility would just be to take it out because it seems kind of obvious to tell somebody that you may report it I would hope everybody would know that they may report it so just some thought on that no at the very bottom the next to the last line says anyone who suspects Dating Violence and abuse is

121occurring should report it I simple thing but I think it should be dating violence and or abuse because it doesn't have to be violence and abuse it could be one or the other or both and that's under that's trying to make sure that the last line yeah any any concerns or objections there I'm sure there aren't well are you saying that you will keep in violence and abuse and make it one in the same I want to say violence and or so right now you should report it if it's Dating Violence and abuse but if it's just Dating Violence it doesn't apply if it's just dating abuse it has to be both so I think it should be or n it can be both it could be one or the other is that clear okay

122remember Salamanca yeah so I guess with this part particularly with hazing on the warding I would love for us to really see if we can put shawl mostly because hazing is a very common practice within gang organizations and gang Behavior and as this increases in our city I do think we need to be extra virgin and hazing is almost in a different level of type of behavior compared to some other code of conduct so I would love to understand from the legal perspective if we can have should report because in some of the communities that are being kind of taken over by more increasing gang balance I think this is where we'll apply more as well all right so let's come back to miss Quorum for why why we can't and one of my reasons

123I've always thought that we need to instill in our students before they get to College the idea of how wrong this is so that when kids get to College they we've got that cultural shift happening so miss corn why why can't we require them to if you could indulge me for one moment I am going to pull up the statute but in terms of this the statute does say as I am pulling it up right now that there must be a procedure for reporting which is why we have the procedure in there that the reporting may be Anonymous Etc it does State and I'm just going through it really quickly if you don't mind School District so that goes to my saying take it out because it's irrelevant you're saying it needs to be so

124it does State the statute State School District policy each School District shall adopt a policy that prohibits hazing and establishes consequences the policy must include a definition of hazing a procedure for reporting an alleged active hazing including Provisions that permit a person to anonymously report such an act however disciplinary action may not be based solely on an anonymous report a requirement that a school with any grades 9 through 12 report an act of hazing to local law enforcement and then a provision for referral of victims to a certified counselor and requirements that hazing is reported pursuant to Sesser I am concerned with from a legal standpoint placing a requirement on a student to report another student the school district's procedures pursuant to statute is to create rules regarding the control of students if we have

125a situation here where you require students to report acts of hazing are you then going to require students to report acts of hate speech and then also report acts of fighting and Report acts of anything else that's where that comes in it can be required that our staff reports certainly our staff are all mandatory reporters anyway so if there is anything under you know that falls within DCF based issues our staff would have to report those to the Department of Children and Families but requiring a student to report on another student is a slippery slope from a legal perspective in my opinion remember Salamanca I guess the way that we have kind of levels and tears of discipline I'm curious if there's also tears of you know what we expect our students to report versus

126not right so arsony you know like there's some serious crimes at our higher level that as adults you also kind of don't get away with not reporting so I fighting there's there's these tears and I don't know if there's a clearer way for us to make it more explicit why some of these might be more serious and therefore there's higher expectations to report versus not so I understand your concern I don't like it's a slippery slope but we can prevent the slippery Soap by defining some of the kind of seriousness of some of these example maybe being a student carrying right there's gun loaded so statutorily a student is entitled to come to school and the school districts are required to have rules and regulations for the care and control of students I would have

127a concern that the school district is infringing on a student's right to attend school if they are requiring a student to tell on another student or themselves also get in trouble I'm going to turn that over to Dr Vasquez but from a legal perspective I don't see where there's a legal mechanism to allow that and I would concur I think what we need to work on is encouraging our students to use the pathways that are available anonymously for those that do have fear of of repercussion and continue that messaging because I agree our employees are ours and we can certainly if they do not report we can take action but with students we and I'm I understand is we do not have that ability to enforce so if you put it in here and they

128don't do it we can't do anything about it all right thank you member farant oh thank you I just have one spot is there a way that we what if we were to just say we strongly encourage students to report any behavior that goes against the project s i think that's much better than me okay and it's not inconsistent with the statute would you agree Miss corn if we say there's no issue with saying that we strongly encourage students to report hazing I don't know if it would then be a board decision if you want to put that in The Hazing section or if you want somewhere else in the code to add a section where students can anonymously report any discipline which may be a better solution so that from a legal standpoint you

129are covering all issues and not just hazing I like that idea I think that sounds smart and I think it encompasses the whole thing because there's other areas where strongly for students to report but I'm not really sure how we would work that so I guess Vasquez and her awesome team can figure out how to add that the reporting system or something Anonymous reporting but I think that would be benef would be more apt to speak up if if they felt like their even if it's a so as the member who raised this issue the reason I raced it here is because here is where we actually have language that says that any student parent Guardian whatever who has knowledge May report and we don't have that language every place else and I understand now

130it's because statutorily there's language that says that we have to have a method or a form by which they do which I'm not sure that we comply with that because the language that you just read me which I don't have in front of me would seem to imply that we need to spell out how and maybe we do that not here but someplace else I believe we do it in policy jic however because I was not prepared to speak on this issue today I don't have that information entirely go ahead but if I can add on our code acknowledgment page on one of the bullets talks about four to five Florida where kids can anonymously report any suspicious Crim behavior you know by going to the Fortified Florida app so I think it's covered there

131thank you're welcome okay I don't know if we landed the plane on that whether or not to put the strongly encouraged here someplace else I only brought it up here because we already have language Dr Vazquez I'm going to recommend that we put it in in the both places so that there's emphasis on how strongly we feel about that so in just to make it clear in The Hazing section we will add strongly encourage and then we will also add another section to the code that talks about encouraging students to report discipline anonymously would you like us to add that to the code acknowledgment page Miss Joyner just had a good idea where we can add it to the code acknowledgment page everybody good with that okay member bird could we separate those that statement

132the any student employee parent or Guardian and say any student or parent should as we did down in the dating teen Violence Section should report any knowledge of hazing blah blah blah through the fortify Florida app I'm assuming that's where we'd want them to report it I don't know and then have another sentence that says any employee shall report any knowledge of hazing so we have them separated so we know we can't we expect our employees to report it but we encourage our parents and students too so re and this would be up to the board and Dr Vasquez from a legal standpoint because it's the code of conduct we do have it in here right now but making requirements for the board would be I meant for employees would be something that would be

133done through procedure and management that's just okay never mind thank you and I think based on the comments that you've made this corn and the superintendent the term strongly encourages probably a better term than should because should would suggest that we're going to have potentially some sort of discipline enforcement mechanism okay we're okay Manchester yes yes I would I would argue that happens a lot more frequently Than The Hazing yes you see what member bird is talking about under teen dating and violence the first line of the second sentence where we say should report The Dating Violence and slash or abuse we could also put there in the second sun in the second paragraph it says anyone who suspects Dating Violence and abuse is occurring should report we could put it to is strongly encouraged

134to report that was as well that was yes member bird suggestion and I think she's yeah she's right if the one is not okay it's probably not okay here are we good to move on all right we're on page that starts with trafficking students have parents students notifications I need a second to just there we go okay the next change is also statutory when in this section we defined expulsion based upon the statute the district had previously just had a more General discussion of what an expulsion was and we wanted to make sure here that it was clear that an expulsion can be for the remainder of the school term and the next year that is just a statutory update the next one is court orders and felony suspension slash expulsion in in this section

135language is also just added to comply with the statute previously there was information about felony suspension but there was not something in there about Fellaini expulsion so I wanted to make sure we wanted to make sure that the entire statute was included along those lines for consultation with law enforcement that information was also updated pursuant to the statute that is just a statutory change and pity Mac Petty acts of misconduct was also a statutory change so we wanted to make sure that the code was clear on those sections I don't know if we want to stop there and then the end of this section is on page 42 correct disciplinary section 4. so you want to finish this up and I know remember bird has something I have something let's let's get through to page

136your pages might be different than mine at this point until we get to section four okay all right so under dual enrollment post-secondary notification we added on the last sentence students who commit a verified level 4 offense may be unable to complete their dual enrollment program if they are removed from their home school that's gonna apply but if they stay at their home school with a counseling consequence they should be able to stay in their dual enrollment program oh the next section and I don't know if you want to wait because then that goes to the internet policy so pardon me would you like us to stop or do you want us to go through the internet policy as well okay we'll stop here okay remember bird this is a comment kind of a question

137but on page 35 the description of pass I happen to love the description of pass but I have a tendency to think that's not actually what's happening in our schools with past and I've had discussions with Chief Martinez about this is exactly what I think needs to be happening when kids go to pass especially the develop more effective coping skills character development pro-social behaviors this is exactly what we need to be doing when kids get in trouble but I know for a fact that's not what's happening in at least some schools so I just wanted to bring that to the superintendent's attention yes thank you Dr Vazquez yeah and I'm going to remind the board remember we have restructured discipline for this upcoming school year and effective July 1st we'll have Karen Ferno who is

138overseeing the department that houses discipline to Mickey Joyner is now director of discipline and we've purposely done that to a improve consistency but also to be able to ensure that best practices in the area of discipline and creating a safe and nurturing environment is the focus and that is part of what they will be looking at as past they'll be looking at some of the practices that some of the schools have about how they're mentoring students how they're identifying students that are potential disruptors or potential to get into more serious trouble so we are we're excited about that and we'll include this as part of the work anything else remember the one observation I had is on page under restorative practices last line of the first paragraph we use the term restorative practices teach the

139social emotional and conflict resolution skills can we say social emotional skills and if not what can we say resiliency doesn't seem to fit particularly well here I would just use conflict resolution conflict resolution yeah restorative practices teach conflict resolution skills okay so we're going to make that change for to say conflict resolution yeah and for anybody who might tune in can't speak for the entire board but I know that majority of the board would prefer to keep social emotional in here but the legislature and the governor's office do not support the term social emotional pardon me social emotional learning because Dr Vazquez says it's too broad and I think there's misconceptions about what social emotional learning is and with the parents Bill of Rights making sure that our we're we're aligning to what it is

140that we're helping our students which is conflict resolution problem solving how to you know manage environments that are situations that may escalate and so I think by delineating what we're actually doing it better informs our students and our families because SEL social emotional learning is just a very broad there's so much that encompasses in some of it definitely a misunderstanding but I do think a part of this it's not for me it's more than just conflict resolution because that would suggest the conflict you're having with someone else and a part of helping students deal with that conflict is learning how to understand their own emotions which is amazing to me it's not just kids but even how many adults don't necessarily recognize what it is they're feeling when they're acting in certain ways and so

141to me helping all of us as human beings get in touch with what our feelings are what's driving our actions is important and it is a life skill and I do think it has a place but we're not using the term social emotional learning but the language in the statute for resiliency covers all of the things that we have wanted our students to benefit from so I am glad there is still a place and a requirement to cover those what if we were to change that last sentence that says what if it says restorative practices teach the skills necessary to manage and reduce conflict that's great that's great now we've made it broader and more inclusive hang on Mr palmerini has a comment 1342 some of the health skills that we can teach it says

142life skills that build confidence support mental and emotional health and enable students to overcome challenges including self-awareness self-management responsible decision making resiliency relationship and skills and conflict resolution understanding respecting other viewpoints and backgrounds I do think you could track language if you wanted to address this stuff to say we is restorative practices teach or teach or support and mental and emotional health and conflict resolution skills we could do stuff like that thank you may I yeah please okay mental health is a term that's not being used it's resiliency and so I really because we don't know what the changes are going to be in the future for languages the statement that The General Counsel info made I think encompasses and keeps us in compliance with what future language may be because we had two changes

143in less than a year no I got you it's still in there but you're right who knows next year or the year after so I do think that the language that Miss envel gave us is Broad and more encompassing I would be in support of that Mr pomerini thank you for reading out that statute and memberfelders asked for you to recite the statute again not the whole step just the site where yeah the site 1003.42 okay thank you all right again I only take that time because people do tune into this and there does seem to be a great deal of confusion out there in terms of where the board stands on some of these really important issues All Right Moving On so the next section is statutory updates with the internet policy we work

144closely with Dr shanoff on this and based upon the requirements that were in the statute the changes are that the term educational purpose will include age-appropriate academic activities because we do need to make sure that what is being done on the Internet is age-appropriate we have also added that ocps issued student accounts are subject to ocps monitoring to make sure that students and families are aware that we can monitor accounts the next thing is sharing personally identifiable information that might compromise a student's ocps issued account even your own is strictly prohibited so that is sharing your username and password with another company with your friends Etc the next change is any attempts to circumvent ocps its security and network protocols is prohibited this includes the use of unauthorized executable files violations will be subject to

145the ocps code of student conduct that was to address areas in the updated statute and also to make sure that students were aware that you could not add files to your computer to then either get into Gradebook Skyward play Minecraft Etc and then it says ocps its in school Personnel do not require student permission to access district-owned accounts or devices that is to make sure that students again know that their devices are subject to search and that there may be systems on there that are reviewing what they are doing for instance Land school when they are in the classroom Etc and that violations to the internet policy are subject to the code of student conduct I don't know if you want us to keep going at that point I'll let I'll let you know only

146because nobody's queued up go ahead and I believe at this point I now get to turn a majority of this presentation over to Miss Joyner of course there were no questions on that all right all right so on the student discipline investigations we just added a short sentence to say prior to the occurrence of any discipline matter so if a parent or a guardian will like for their student not to participate or if they want to be notified prior to the school talking to their parent we're just making sure they understand that they can request that it happened prior to the Diplomatic on starting the investigation and then we also added percentage of the procedure guys I'm trying to see why we added that so oh all right so let me see refuse to participate

147in the investigation does not prohibit us from continuing with the investigation and diminishing and appropriate disciplinary consequence pursuant to the procedures outlined in the student code of conduct so we need to make sure that parents understand that we have to follow our steps and our student Corps of Conduct in order for due process there was a request for us not to issue a give the student the referral but part of due process is to give the student a referral and to explain why you're getting the referral if parents want to be present when that is happening they have the opportunity to do so they just have to let the school know that's what they would like to do before we go on to the steps that member Felder and the vice chair have questions or

148comments thank you chair we thank you Miss Joanna I just wanted to sort of express my concerns and to really reiterate my concerns as it relates to the timely manner in which administrators will inform parents of the discipline that is going to be placed on their child example two years ago or maybe a year and a half ago there was a student at one of my schools and they were going to be disciplined because of a weapon and Dr Williams worked with me and along with you worked with me also and I passed superintendent Dr Jenkins work with me in trying to make sure that child was able to graduate and get what was needed and the breakdown the reason why I'm saying this because we go through this and I just want you to

149know where I am where my mind is as a board member the breakdown was that Administration did not follow the protocol and when you came to me you it was like out of the blue kind of you you were not aware because you were told something different and Dr Williams worked with me intensely with trying to deal with that situation and it could have easily been avoided there was a time frame that Administration must let parents know when it's a suggested expulsion was coming up they didn't told a child the last minute my only reasoning for commenting is that we are inundated with a lot of more kids and not enough teachers and we're trying to fill gaps but I want you to know I'm stating it now as we go through this disciplinary procedure

150and how we're going to set up policy that I want a check and balance with the administrators I know it's it's more than a notion it's tiring I know then I appreciate their work but there's got to be a check and balance even if the kid has done the same thing over and over again since September and now it's May it's got to be a check and balance you can't assume because you're angry that you're gonna do it anyway and it's too bad when you're supposed to give them five days you're on a game a day it's not fair and so we almost had a very embarrassing situation had not you came in and did some stuff and Dr Williams came in to and I shared with her what was getting ready to happen and

151I shared with Dr Jenkins what was getting ready to happen if this didn't get better so I just wanted to share that with you as we roll out these policies that we have to do our best to do a check and balance with our administrators to make sure they are following the protocol and the policy that set in place even if you're mad at the kid mad at the mama or the daddy you got to do what you're supposed to do because it could say the district money from lawsuits and embarrassment I just wanted to share that with you thank you all right thank you Vice chair and chair I just have a question on the referral the due process is that is that statutorial language when about the due process that we that we

152have to notify the student of a referral even against the parent request is that are we statutorily required to do that yes I would have to look up the exact statutes but it does state that we have that you all have to create the exact statue says that you were you guys are responsible for the control of students and then from there you have to create steps for due process for a student and one of the fundamental steps in due process and any action is you're understanding that you have been notified of what you have done wrong in your opportunity to be heard so you have to have notice an opportunity to be heard when you participate in an investigation and because discipline addresses a student's placement in school you would be required to have

153due process in that situation and the case law says that you need to have noted each student needs to have notice an opportunity to be heard in a discipline investigation so a parent cannot waive that requirement I think certainly however though if there was an extraordinary circumstances you were discussing we could have say a parent in the room with the student if there was an extraordinary circumstance when they were given that referral we don't want to obviously exacerbate someone's mental health situation or anything of that nature so there are ways to work with specific special circumstances so parents at the beginning of the year so what if any student students with special needs can request that any communication with their child goes through them before it goes through the child so they're not going to

154sign statements they're not going to give their child a referral they won't do anything until the parents contacted and able to be at that school to be by the student side correct okay however I would like Joiner just for the of the board to understand that there can be consequences to that as well so as long as parents understand that we're going to continue our discipline investigation if a parent decides they're they don't want their kid to write a statement then we have no way of hearing that kids side of the story some parents do a lot of kids to you know write their statement you know from home you know after the fact but it's it's it does kind of hinder the investigation when parents don't allow their kids to participate in investigation or

155to write a statement so and I was and I understand that I was more referring to the parent that it wasn't against the child writing a statement just did not want the child writing the statement until they were able to get on campus or be present as long as they notify the school in writing the school will accommodate that parent okay and is that like in Skyward so it's easily accessible like how how will you know that a parent's requested that you're not going to ask a child to write a statement or referral and I'm not just talking about if that child gets in trouble I'm child I'm talking about if a child Witnesses something and you're trying to get a statement out of that child I want to make sure that if a parent

156desires that child not right any type of statement without parental notification and maybe the parents like yes what happened okay yes my child can write it I mean it could be as easy as that over the phone but if that's their desire especially with our with our little ones our ones in elementary school that don't quite comprehend so if the parent emails the principal then the principal will notify her staff that's in charge of discipline that you should not talk to that student without contacting the parent first all right thank you okay all right now we're getting into the offenses so on the on the level one a few just minor changes and what we did we just changed a couple of the words we took out conduct under disrespect and added the word Behavior

157under dress code we just remove non-conformity just say not following the ocps established dress code under Ian of the misconduct we under we added the word minor and we also add the sentence at the bottom that says this not this does not include any misconduct that could be coded as a level four disruption of Campus major that is assessor fence so we wanted to make sure schools understood that if it's a minor fence you can code a level one but if it's a major offense you must code it appropriately under the level four fences okay I'm going to move on to level two offenses again under disrespect we took out conduct and used to make sure we just talk about Behavior under G threat intimidation we added when we did the amended code we only

158had one definition and one level for threats and so discuss that with the other air administrators in with legal and came up with that we're going to use the same definition but we're going to break it down so we have a level two level three and level four we didn't feel that it was fair that every threat was going to be a level four on a student's discipline profile so again like I said we're using the same definition but what we added was examples so the example for a level two threat is that this includes non-verbal threats and verbal threats of physical harm to hit fight or beat up another person without a plan or a presence of actions which are made in person electronically or through any other means so if I just verbally

159tell you I'm going to beat you up okay that's going to be a level tour fence there's no plan and there was no furtherness of action again under other serious misconduct we add the last sentence this does not include any misconduct that would be quoted as a level four offense just to make sure they understood anything that serious should be recorded as a level four dress code level two again we took out non-conformity and just said not following the ocps established dress code moving on to level three offenses so on a simple battery we took out students and we added the word person to include everybody we also added this section does not include injury that results that is a result of fighting if persons involved are mutual combatants so simple battery means I attack

160you I hit you and you did not hit me back we took out RR which is physical aggression on that employee or contractor Personnel because that is captured now under the 3A simple battery when we took out student and added person we added a level three threat intimidation again the same Sesser definition the example this include non-verbal threats and verbal threats of physical harm to hit fight or beat up another person with a plan or pheasants of action or to kill a person without a plan or fragments of action which are made in person electronically or through inner other means so if I tell Delilah I'm gonna beat you up in the bathroom that's going to be a level three because I have a plan if I tell you that I'm gonna kill you and

161it could be said out of anger it's going to be a level three we did CC all right moving on to our level four offenses so under threats and intimidation we just added the definition it says threats to care what the plan or presence of action on the 4D Theta battery we took out this sanction includes the use of a weapon because within the definition it talks about using a weapon or other dangerous objects so there was no need for those last couple sentences on disruption on campus major we took our offenses that disrupt the campus that sentence is already embedded in that definition 4K dangerous objects we took out threatening or attempting to use a dangerous object again that information is embedded in the definition for in sexual battery we took out this includes

162undesired sexual behavior that wasn't needed as part of the assessor definition on V under bullying repeated acts of misconduct on the same person may be considered as bullying we just want to make sure schools understood that I don't have to say inappropriate things doing proper things to multiple people sometimes if I if I have a simple battery maybe I'm disrespectful or another level through offense on the same person they need to also consider that as bullying and on a 4ff tobacco vaping nicotine selling bind and distribution under the amended code it was one definition and it was a level three we separated it to have selling and buying of tobacco products nicotine vaping be very similar to what we do for alcohol and drugs we don't want anyone on our campus selling buying or Distributing

163any type of tobacco or vaping products for HH we removed that it wasn't necessary it was a non-cessor because the definition that we had here for the 4-H is embedded in another another assessor definition and we didn't want schools to use the HH instead of the sensor definition to be Under reporting also the same thing with II incidents beyond the bounds of acceptable behavior this definition is also part of another Sessa definition all right let's pause there page 43 under level one offenses KK sorry not KK L tardiness repeated late arrival to class not to school and I have this question every time we use that I why if a student arrives late to school is it not to Hardy because I haven't officially checked into school so the penalty from a statutory standpoint if

164you are late to school would be truancy if you have so many tardies five tardies at a time in a certain period would count for one would account for one unexcused absence so the penalty under statute if you are late to school or if you are habitually absent from school is truancy the code of conduct governs a student once they have checked into school so it would be if you are skipping classes if you are late to class Etc so the violation associated with coming late is under truancy yes it would be under truancy if you come late to school as in physically arriving at school late that would be under truancy if you are consistently late that could amount to unexcused absences for truancy and truancy is under what it's not one it's not

165two truancy is not discipline truancy is a family court remedy to address come attendance at school we cannot penalize a student for an activity until they have checked into the building okay page 44 sorry never mind 44. apologize page 45 under I think we talked about this when we met two weeks ago under Q the repeated misuse of electronic devices which are not educational in nature still don't understand why we have the qualifier of which are not educational in nature I don't know that it's harmful to have it there but I don't know what purpose it's serving on page 51 alcohol the last sentence under alcohol says alcohol incidents cannot be drug related the statutory pursuant assessor that literal language yes ma'am okay just because alcohol incidents can be drug related you could have both

166and they would be drug related they might fall under different consequences but they're so pursuant to assessor you would code the more significant offense so if a student was caught with alcohol and drugs they would receive the Sessa reporting offense for the drugs it would all be marked but that is where that comes in that you cannot consider alcohol as a drug assessor has separated them but we couldn't clarify could we write this in a way that's more clear that incidents that involve alcohol and drugs that would be at the discretion of the board as of right now all of the assessor offenses are written exactly as they are written in Sesser the assessor offense specifically States possession sale purchase distribution and again we separated those or use of alcoholic beverages use meetings the person

167is caught in the act of using admits to use or is discovered to have used in the course of an investigation alcohol incidents cannot be considered drug related so that is exactly what is written in the Statue but this says cannot be drug related that's not the doesn't mean exactly doesn't mean the same thing as cannot be considered when we say they can't be drug related I mean they can be drug related oh my apology said considered it's not on the code so it is alcohol incidents cannot be drug orally okay I did misspeak okay next on page 42 and I know this is going to come back again to the state language page I'm sorry page 52. under weapon possession the very first sentence says the possession or control of any firearm or instrument

168or object so we're looking at the definition for weapon and it includes possession or control of any firearm or any instrument the last paragraphs says weapon means and then it lists what a weapon is and then it ends with or other deadly weapon except a firearm I know you I know I know you're going to tell me this is that story but I just don't understand why we start out by defining a weapon to include firearms and we end with explaining that a weapon isn't a firearm I know firearm shows up someplace else probably for assessor so the Sesser definition is weapons possession and the definition of weapons possession includes Firearms or weapons so a firearm is defined under statue as a firearm a weapon is defined as all of those weapons except for a

169firearm so those two statutory definitions the statutory definition of a firearm and a statutory definition of a weapon are included in the weapons possession offense for assessor but the reason that weapon does not include a firearm is because a firearm is a standalone weapons offense of a firearm is there some way Miss emblem so that if anybody I actually I don't think any I'm not sure how many people are reading this code because there's so many things in this code that just don't really make sense and to say in one sentence that a firearm is a weapon which we all know it is and then to say that it's a deadly weapon except a firearm can we clarify why in here somehow that we're not just such definition so assessor definition itself does not actually

170Define a firearm or weapon in the Sesser definition the definitions it states that it's a firearm or a weapon based on 790.001 at the board's request the district added in what the definitions of firearm and weapon are under Florida statute 790-001 6 and 13. so firearm would be 7901 either 6 or 13 and then weapon is the other one so those could be taken out but then you would no longer have the actual definition of what those statutory requirements for a weapon are in the code and it was thought from a legal perspective and from Administration that those those definitions need to be in there if we are specifically citing to those statutes I would caution from a legal standpoint of not changing the statutory definition because the statutory definition is the statutory definition would

171it help if we went back to using some quotes like like using the actual I mean I know this language is quoted from there but would that help it's going to make it a couple Pages longer perhaps but I'll be honest I just I just her witness corn said not really I mean I the words my ears heard my brain sure did not comprehend okay this and you were explaining it right now and you've added a whole lot of stuff that's not here all I know when I read this is a weapon a firearm is a weapon except it's not a weapon and I know it's a weapon because any right thinking person knows it I know we have other reasons for how we Define things but if I'm a lay person which most people

172are this doesn't make any sense and it just frustrates me that we put something out in front of parents that makes no sense and we can't clarify why it makes no sense I would be helpful to put over firearm a sentence that says the statutory definitions of 79001 parentheses 6 and 7 90 13 are the definitions of a firearm and a weapon and under statute they are defined as so it makes it clearer for the reader I think that would definitely help it's let me go to for a little help here or not Vice chair and then member Salamanca remember salamanc I'm dying to get to you but let me okay I think the issue is it's just it is it's it's very ambiguous that the possession or control of any fire because under weapons

173possession The Possession or control of any firearm or any instrument or object as defined and it goes into talking about that as the firearm is a weapon I don't know if they need to be two different sections but then even more disturbing it says the term firearm does not include an antique firearm unless the antique firearm is used in a commission of a crime as a parent I'm reading I'm like that's great I can send an antique firearm in with my child is that is that as long as it's not used in a commission of a crime they're okay carrying that antique firearm and their back top well it could be concealed now so that's okay which we know is not okay because we're going to expel that child and that language is very ambiguous

174like the term firearm does not include an antique firearm so we could go I guess go back and I'm being I'm being busy to the wild west and we can carry in a long gun so I get what the chair is saying because it's ammunition and it doesn't say it can't be armed it just says it can't be used in the commission of a crime it that so I know that this is the language that we're given from cester so shame on them I hope they're listening because you're the office of safe schools and you're making it less safe in our schools right now isn't that ironic but I don't know if we could stay true to the intent of this language to appease the Florida Department of Education and yet clarify it so it's

175not confusing to our parents and our staff here in our community so I would first want to just respond what the definition of an antique firearm is if you would like to know let me just you have it up right with you because I'm pulling up the statue but Delilah got to it quicker than I did so when it comes down to it's it's a firearm that was created before 1918 and the ammunition is no longer manufactured in the U.S it's not really readily available in ordinary channels or or commercial trade so it would be something where it's sure it's an antique firearm but you can't really shoot it there's no bullets nothing there's no way that a student can actually harm someone else with it and we said we will allow that on our

176campus no do we allow that on our campus no I mean I can't even imagine the amount of Hysteria that would cause Dr Joyner so under it wouldn't be under the 4-H it wouldn't be considered a weapon but it would be under 4K other dangerous objects it could be another dangerous object it could also be a 4T other it could also cause a major campus disruption there's a lot of ways that we could prohibit that antique firearm based upon our code of student conduct if someone brought that on campus and for successful purposes it wouldn't be considered a firearm well it could be coded in another effect but yes it would be coded in another fence so maybe language would be appropriate that says while this is the definition used in Sesser it's not a

177lot I mean there's going to be and not some language that says this you cannot bring the dude you cannot bring this on campus it falls under blah blah blah just so that we're very clear because this language is as the chair pointed out is really awful remember Salamanca okay so my I think some of the confusion is around there's like three terms being used firearm weapon and then you have this broad any instrument or object do we need to have any instrument or object can we just say the procession and control of any firearm or weapon and then in the last sentence it says this includes possession of firearms and weapons because we're defining firearm and weapon but then we have this random instrument or object in there as well so if we just

178keep it to firearm and weapon and then Define firearm and weapons in parentheses that a musket or a antique firearm is still a dangerous object it is we just wouldn't be able to count it under the H why we have that other provision that says any instrument or object we have students now that have access to 3D printers that are making weapons and bringing them to school so that kind of gives us an Avenue to cover other objects that we have not seen in the past but doesn't mean that we won't see so from forwarding purposes or flush it out into a third category so Define firearm Define instrument slash object and then Define weapon so I think the issue here is that this section is the weapons possession Sesser definition So based upon the

179weapons possession assessor definition its weapons possession it's coded as wpo and the actual definition for cesser that would go in the code of conduct that's the exact definition from the office for safe schools is possession of a firearm or any instrument or object as defined by section 790-0016 which is then the firearm section and section 13 which is the weapon section that can inflict serious harm on another person or that can take or that can place a person in reasonable fear of serious harm if we remove anything from the assessor definition you place yourself in a position where you would be underreated it's fine if it's part of the sensor definition I'm not saying we remove it but I'm saying there are three different subjects here of which two of the three are defined so

180it's fine if we have three subjects speaking of let's maybe Define it or flush it out or visually bullet point it or something so it's clear up there's three things because it is confusing so it's from a man okay yeah right so I just want to yes please let's reset first set for a minute so it is confusing but it became confusing because the board asked for the additional definitions to be included so we can take the definitions out it maybe include the link to what the statute language is but the language that you see here is Sesser language it may not be it may be confusing and I think what made it more confusing was the request of the board to add the additional definitions and I understand why they wanted the additional additional

181definitions but it's causing more of a confusion from the discussion I'm hearing the definition of firearm and the definition of weapon would be removed and then it would be up to the reader or the parent to then go to Florida statute 7901 subsection 6 and 13 on their own to find out what a firearm or a weapon is first paragraph everything else would be remembered right yes and you just quote that you keep the statue on there we could say refer to definitions here link it we can have an actual link to it so they can see that correct so we can refer out so I would be supportive of removing it and then referring out with the link to the definition is that do you think this is very confusing I also don't like

182that it kind of explicitly says antique firearms or the exception I'm not a fan of that okay and I think that's a good idea as well at least we're not taking ownership of something that's I got it again internally inconsistent just we'll we'll move on but long shot is there's such a thing as a slung shot that's different than a slingshot yes ma'am yeah okay thank you I don't know what a slung shot is but I can show you yeah it's kind of a it's a ropey thing with a rock and a oh sure okay thank you okay and I will also just state that Billy that is written in there is written that way it that is the exact way it does not say billy club okay remember Salamanca before member bird can it

183may just be that I've gotten a little tired now but can you help me identify where we would put fighting and I'm talking about like kids that are consistently causing fights or coming to school you know where we're putting that in level four because I'm not seeing level four unless it's considered like the multiple hold on I lost my page so fighting is considered a level three offense an assessor but if you have kids that are consistently fighting what schools can look at is repeated misconduct under 4L that's what I that's what I was asking okay so are we not then relying are we not then using since we're using the assessor definition of disruption on campus major and that is defined sister defines that like as you said the bomb threats fire alarms whatever

184that's not being used anymore for the fights right fights that cause like a hold so that would if there was a fight that then caused a riot on campus it would then go up to and other campus disruption because based on Sesser you code it as the higher offense so if you had a fight and you had to put your school on a whole school should look at a 40 other major because on the 40 are the major they consulted with law enforcement it will meet that definition okay my I still have a little bit of concern just because of what we talked about with that case we had where if a student strikes another shooting gets in a fight that's fine should be disciplined but you know sometimes the actions of all the other

185people and then a huge you know sometimes it's kids are waiting for something like that so they can all get started and you know it has nothing to do with that one student that may have struck someone when they shouldn't have but that whole campus mess didn't necessarily isn't that student's fault so I'm just I want to make sure that we're not using that to get to a level four do you know what I'm do you know what I'm trying to say I have a little bit of concern with that now if it's repeated that's a totally different thing because I want that taken care of so that but I don't want a child that is not a child that gets in trouble but that for whatever reason was having a bad day and struck

186someone and then it turns into a because those kids can get you know where they ate it could be someone else the whole crowd inciting the crowd to get going and then it's the whole big thing and then you have to shut down the campus so that's where my little bit of my concern is I attended the famous conference last week and it was very it was made very clear that school districts are required to report the most serious applicable offense for a situation so based on the guidance that we've received from the office for safe schools and pursuant to statute if the consequence if the situation Falls within a situation which would be serious harmful incident resulting in the need for law enforcement not previously classified from a legal perspective I don't see how

187a principal could code it as the lower fighting offense if indeed a very serious harmful larger incident did occur page 53 under oh sexual harassment the first two sentences I'm I'm fine with the third sentence says the conduct can be carried out by School Employees other students and non-employee third parties starting with the first part of that sentence I know the conduct can be carried out by School Employees I don't I don't think it should be but it can be it's physically possible but there's almost everything and our code could probably be carried out by employees but we're not listing them because this is the code of student conduct so I'm not sure why we're including School Employees when we say other students I don't know what we mean by assessor again I don't know

188what we mean by other students so within Sesser first of all this is the cesser definition but I remind that with cesser if say something happened on our campus that was not during school time we are still required to report it so if say sexual harassment happened at a football game between other students that are not students of the school or between parents or third parties when they are on our property we would then have to report that sexual harassment as well to cesser so that is why the Sesser definition is okay I imagine as broad as it is can we differentiate between what we have to report and what's our code of student conduct because one one when we say other students I had no idea to you just explained that we're talking about

189students other than ocps I just was trying to figure out what what other students meant other so that was really helpful to say other students than ocbs students that helped me understand that but again if this is the code of student conduct if we have to report if our employees or third parties are engaged in sexual harassment why is that the code of student conduct as opposed to the assessor requirement the assessor requires us to include in our code of student conduct what employee well for this particular offense offense so if if an employee comes in with a gun we don't list that wouldn't we have to report that assessor we deal with the employee through our policies not through the code of conduct but we don't have to report that as assessor offense we

190do need to report it as assessor offense you're absolutely correct however I understand why that cesser offense we don't just have that in our quota student conduct why are some of these that aren't related to students and also this includes undesirable sexual behavior undesirable by whom so ma'am I will tell you we did ask for clarification from the office for safe schools on that issue and what were the bounds of undesirable sexual unwelcome sexual behavior of an unwelcome sexual nature and we did not receive clarification we will continue to seek that clarification and that guidance on a case-by-case basis on welcome I think I know what that means it's unwelcomed by one of the parties undesirable we're talking about students we're talking about adults we're talking about third party and I don't know in that

191context again assessor says we have to have this in our code it's their language okay can you get me for me and probably the rest aboard Lacey disaster document that has all this in here because I'm really stumbling through this okay and maybe I got one more thing can I can I get it out because I only have 37 seconds and we did talk about this so on number on V Under The Bullying we have staffs is written and repeated acts of misconduct on the same person they explained to me what they meant and the comment explains to me what it means but the actual sentence we have is not as clear as the comment and I would prefer that we use the comment language because when we say repeated acts of misconduct we're talking

192about different types of misconduct against the same person and if we could just differentiate that I think it would be clearer to everybody I can't imagine any board members would have an issue with making that more clear so okay I would just need to know if exactly what the board proposes that we are writing there or if we are just removing that sentence I like your comment so she just you just would like the comment in instead okay yeah I'm gonna go to Dr vest because and I know I kind of cheated cutting her off and then I'm going to go to Salamanca because like we're almost done with this remember yeah superintendent we're almost done so but because you several board members have voice concern with the Sesser language I would recommend that maybe

193through fsba you're able to maybe advocate for some language changes or an opportunity for you to voice recommendations to them so that you do not feel that it's out of your control but quite frankly the language I don't know that they've had an opportunity to see that some of it is conflicting or unclear but we do know that we have to be in in compliance and so I was just going to mention fsba all right thank you remember Salamanca thank you chair this is and I know this is level three T So page 49 I know this is by definition obsessor so I guess my note here is more for our Communications team when it comes to elementary school children this is saying when the victim reasonably believes that there could be physical harm even

194though whether it's verbal or non-verbal communication and non-verbal threats but there's some thread to hit fight or beat up someone and I'm thinking of our elementary school kids who say things because they're developmentally still are very reactive and things you know they're playing with their siblings at home and they'll say I'm gonna kill you and chase them around the house and that's okay maybe at home we obviously are not okay with that and we take it very seriously but I am concerned that this is something we have to report to law enforcement and is something that we've probably have to be incredibly careful and strong in Outreach for our parents I mostly hear this from our elementary school principals on just concerns that this definition and must report this to law enforcement is particularly scary

195for elementary school kids Miss corn did you want to respond or you want I do know I believe you guys did an update for the elementary code correct yes we did but I just want to so the threat definition is a level four definition and our level fours must be reported to law enforcement so the threat definition that you're referring to under the level 3T is the same Sesso definition we must include the same assessor definition but we just changed the examples got it but it still has to be reported so it still has to be reported and I think here are the examples we say you know without a plan or any furtherance of action right so you could say something have no plan of it or I don't know if it's awarding issue

196like are we I just worry that parents will read this and get more concerned than they should and I think it's serious reporting just means that you let the law enforcement officer know they may or may not they may or may not report so there's two separate issues that I think you're asking the first one is if we report it to law enforcement law enforcement then chooses what to do based on the assessor definition when we updated the code in February we made the threat definition for assessor a level four because we are having trouble as a team administratively and legally breaking it up but what we've seen then is that any time a kid then said I'm going to kill you it was a level four and even if they weren't getting a consequence

197that just seems excessive yeah so Ms joyner's team did an incredible job of they took the assessor definition and they took the actual definition and made it a two three and four but then gave tiered examples of what would be bully what would be a threat as a level two what would be a threat is a level three what would be a threat is a level four so that when kids say silly things they're not automatically getting a level four so that's where those tiered examples came in that they expertly got it so our examples Were Meant to mitigate the like high level level four okay but I which is great for our administrators to know by from a parental perspective as well I think most parents would also appreciate knowing the difference I'm sorry

198one of our board members is not feeling well and so I'm and no no we're okay I would defer to the vice chair but I can't so what do we need to do from here miss corn can you help us out can you help me out we do need to get through the entire code today because we do need to be able to have all of your changes so that we can present them at the next meeting we do have after level fours it's really just the elementary code and then the level four procedures and remember bird you're recognizing will you take over yeah yeah absolutely yeah is she okay thank you foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign thank you foreign thank you foreign laughs foreign foreign foreign thank you foreign

199thank you yeah yeah foreign foreign thank you thank you foreign foreign thank you thank you thank you thank you foreign foreign foreign thank you foreign foreign thank you foreign foreign foreign foreign foreign foreign foreign foreign foreign foreign thank you foreign yes yeah yeah thank you foreign foreign thank you foreign foreign foreign thank you foreign foreign foreign foreign foreign thank you foreign foreign foreign thank you foreign thank you thank you foreign foreign foreign foreign thank you thank you thank you thank you foreign thank you before I before I shut us down if that's okay so and what page did you say we left off on page 52 making sure we add the comment for bullying yes okay if we could go to page never mind 58's fine I had the question about tardiness but you all

200have covered that page 59 same concerned I raised at the beginning that under level one consequences we have return of property but we don't have a level one dealing so we should take that off of there I don't think anybody is going to object to not returning property that wasn't stolen next one is page 65. so if we could just I just want to make sure I get everything so if we could remove level one return of property yeah I just think we need to remove it since stealing property is a level two offense page 62. there's actually a definition in the statute I can't remember the section I didn't write it down John are you here defining self-defense actions yes and it's a little different than the language we have in F yes chair

201you are correct there is a bill that I was just made aware of yesterday afternoon and at the conference that does Define self-defense so we can put that language in instead of the other language that was something I was going to address at the end thank you okay is so I will make those changes yeah super thank you pay page 65. and this was something we talked about the other day under D aggravated battery it I checked and the language we're using is not exactly the same language in the statute so we are this first sentence is defining more serious injury as defined in rules such and such as great bodily harm permanent disability permanent disfigurement use of a weapon that could badly injury and then it says student should know at the very bottom

202or the student knows or should have known the victim is pregnant which doesn't Define more serious injury so I would ask that we go back and look at that language and make sure it's consistent with the rule we're talking about is this the Elementary or secondary code now it does say or but it's at the end of all these semicolons and all they semi semi semicolons are definitions for more serious injuries so I looked up the it's the same definition the rule I think the issue here chair is that we are now looking at the discipline Response Code for elementary so if you recall they took the aggravated battery sensor definition and they changed it to more of an elementary friendly language and that's why it's different than the actual assessor definition because we're now

203on the elementary code so the actual definition is a battery where the attacker intentionally or knowingly causes more serious injury as defined in the rule such as great bodily harm permanent disability or permanent disfigurement uses a deadly weapon or where the attacker knew or should have known the victim was pregnant this is the elementary friendly language that was kind of changed around a little bit by Miss joyner's team they worked really hard to try to Encompass everything that's a necessor definition but make it more readable for the elementary students okay so okay number page 66 and I think this is my last one it's under Dr F drug use possession yeah this is probably going to be defined somewhere having using sharing being under the influence of and we use the term any drugs we

204don't Define that it non-prescription drugs and the reason I had a concern about that is it then goes on or any other substance that can change your mood or behavior so we do know that some of our students are on prescription drugs specifically to change their behavior and so I would suggest that we have in there any drugs not not prescribed or something that clarifies so again this was one of the elementary friendly definitions where it actually says the use or possession of any drug narcotic controlled substance or any substance when used for chemical intoxication use means the person who's caught in the act of using admits to use or is discovered to have used in the course of an investigation okay but so a second grader could be under the influence of a prescription

205drug is affecting their behavior in a positive way so is there a reason that we can't clarify that this doesn't include that's prescription drugs probably goes without saying but it could include non-prescription drugs because if you're using a non-prescription drug but you didn't get it from the nurse in the front office that could be included so but this is under the influence we also say under the influence so if my mom gave me or the nurse gave me Adderall then I would be under the influence of a drug that's affecting my behavior so how do you guys supposed to change it Elementary huh yeah I'm just trying to clarify that if it if that's not including drugs prescribed for that student if they're getting the drug from where their prescription medication from the nurse or

206from their parent it should be in the dosage prescribed but but that look at the language you have you don't clarify that you say if a student is under the influence of any drugs and that's not correct I agree with you if the nurse gave it if the parent gave it if it's prescribed all those things are not should not be a violation but under the language that you've given us they are I know I'm a very literal person I read the words and I assume they mean I don't think that's that difficult Dr Vasquez can we say our being under the influence of any unprescribed and we someone needs to check if unprescribed is no it would also have to count for medicine that you don't need a prescription for such as Benadryl melatonin

207gummies I mean there's just a lot of things that kids can take that are over the counter that would also be mood modifying right so this is the problem is that in the actual language it says chemical intoxication that's what you're missing and in that translation right because it says the use of possession of any drug narcotic control or any substance when used for chemical intoxication and that's why we changed it to say change your mood or behavior thinking that would be easier for a little one to understand can I can I also just interject I don't think very many little ones are going to ever read this language so I understand like at the highest level that we're you know but getting right down to this we're trying to be really mindful of our

208small children understanding it but they're not going to read it their parents are going to read it and we can change it back together the schools have to go through the code legally with the students so by changing the elementary definitions this was assisting the teachers because the teachers do have to go through the code and explain these things to our little ones as well they also have the activity book in other things but there the schools do actually go through these definitions okay well I would really hope that the school doesn't tell a third grader that knows that they're on a prescription medication for ADHD we can change it back to the actual assessor definition and just leave it as the actual assessor definition if that's what the board would like I will also

209share that this information is in the procedures guide and it is covered in the training with administrator so we have several students for example that have ADHD medicine that take it at the school nurse they would not be receiving a level four because that is the proper use of that medicine really what we're targeting here is when a student is trying to get high right or abuse medication in another way so administrators would not be looking for that to give a referral for chemical intoxication if you're okay with putting getting yourself thank you chair can you I so is the delineation that this is a drug that the adults in their life know they're taking like a nurse or a parent have approved them too the adults may not know that they're taking it kids

210can bring things from home and Mom right but I'm saying if they bring something from home they're not supposed to be taking their values through conduct if they bring something from home that a parent or nurse knows that they're taking they don't get yes and no board member Salamanca because if for instance and I know that this would be questionable but if a parent say gave a very hyperactive student part of their pot gummy and they came to school that could still be a situation where even though the parent gave it to them they are violating the code of conduct because you're not supposed to be which by the way has happened so as a medically approved medication then that we I maybe like it's like I'm just trying to delineate what makes it okay

211versus not is it a medically approved or it's the abuse of of the drug that's the actual abuse it's the actual abuse because it can be medically approved it can be prescribed not prescribed it can be given by an adult we need to we need to get out of here on time the language by my assessment of it is not accurate but if we can't it's if we can't figure out something that is accurate with the board rather let's just go back to the Sesser definition for that one what is assessor definition the assessor definition is the user possession of any drug narcotic controlled substance or any substance when used for chemical intoxication use means the person is caught in the act of using admits to use or is discovered to have used in the

212course of an investigation if we can attribute it to Sesser because I think that's probably not yes great language as well but if nobody else cares we'll just move on let's move on wanted to come member for aunt yes just really quick I was just thinking is there a way maybe we could say word in a way that just says the abuse or something use a word that says a little more clear children understand and I think there but just making it just a word to make it up here maybe you could do the assessor definition plus terms and for the young well abuse of the sample confusion the terminology having sharing or inappropriately using any drug or any other substance that can change so inappropriate I like that again it's using I'm sorry having

213sharing or inappropriately using any drugs or any and then you continue and I think the broader term of inappropriate encompasses all the things we just heard that it might not be prescription it might be Benadryl it might yeah I'd be very comfortable with that any board members not comfortable with that all right I wrote it down okay all right all right member bird on the same line can you just address accidental ingestion as in a pot brownie that or a cookie that was given to you and you didn't know it that child does not receive discipline if they did not know that it contained did they actually correct so during a discipline investigation and we've run across it if it comes on an investigation in the student States in their statement I didn't know and

214then from other students that were involved then no they do not receive a consequence okay that's what I thought I was just I have heard from students have told me that the new rules say doesn't matter if it's an accident they were I think it was this is the way it was explained to them by Administration but I think it may have been just a fear tactic doesn't matter if you say you didn't know that you get in trouble so I just wanted to clarify that the other question I have is some clarification on sexual harassment and the substantiated harassment when we look at sexual harassment is by itself level four correct it's in level four yes oh sexual harassment but it doesn't say whether or not it is substantiated or unsubstantiated sexual harassment there

215so I'm substantiated it only goes with blowing and harassment not sexual harassment Okay so then any sexual harassment will be a level four even if it's found to be unsubstantiated or not proven so sexual harassment is about the feeling of the victim so this is if you read the definition it's unwelcome conduct of a sexual nature so if the victim states that the conduct that was that was initiated towards them is unwelcome conduct of a sexual nature such as sexual advances requests for sexual favors Etc then I mean there would be other witness statements involved but it's sexual harassment is what the definition is bullying is a separate by separate statute we have to do a bullying investigation and then determine if it's substantiated or not because bullying for instance if if student a says

216something mean to student B the investigation then looks into is it bullying is it repeated is it repetitive Etc versus is it just one time because that would be the difference between harassment or bullying because bullying is of the repetitive nature so that's why we have substantiated and unsubstantiated but when it comes to sexual harassment it can be just one time okay is this is this new is no okay okay I have something I can talk to you about that later though confusion about that but if it says this has to be law enforcement must be notified to investigate so if something is said of a sexual nature makes a girl feel uncomfortable law enforcement has to be notified for all level fours law enforcement SRO alleles are notified for all level fours okay all

217are saying corrected not all of assessor offenses and I would say all of our level fours or assessor offenses I think except two okay thank you madam Madam chair may I please Mr pomeran so with sexual harassment you also have to remember that it's also subject to Title IX and under the regulations there if it Title IX can definition for sexual harassment is different than our code's a definition of sexual harassment and additionally the Title IX investigation would have to be completed first before we do anything with regard to the disciplinary investigation that's under the federal regulations those may be changing in October but as of today that's what they are okay member Salamanca pardon me oh okay there's one other thing and it's on page I'm sure you're going to address this anyway it's

218under step 12 of the level four procedures right now it says that the parent the student parent Guardian can request a meeting if they're not happy with the administrating it doesn't use the term happy but if the with the administrating hearing officers determination to uphold the staff recommendation they can meet with the principal supervisor to discuss the recommendation and the area administrator and I'm I'm sorry the principal supervisor will review the documentation provided recommendation to the superintendent so the area administrator I'm sorry the principal supervisor is not going to be the person doing that is what I understand that's going to be a different position yes we will change the title for that as appropriate okay with the reorganization and then the one other thing I would ask to change is the second paragraph there

219it says the superintendent shall then review the principal supervisor's recommendation and how shall have the authority to recommend to the board that the student be expelled or take whatever action he or she deems appropriate there's probably nothing that's more severe than expelled but for clarification could we put or take whatever lesser action he or she deems appropriate so that it's so the statute does provide for the superintendent to have a waiver for expulsion in certain circumstances so that is where the superintendent where for instance there is zero tolerance in certain circumstances the principal the superintendent can provide a waiver for a student to come back early or to receive virtual school or to receive other circumstances so that's where which would be a lesser it just the term whatever action is a very broad term

220and I'd like to limit it to an action lesser than superintendent can review the principal supervisor should have the authority take whatever this is what it means at all just positive right that's oh that's just for positive Pathways and counseling so right so it's a lesser action yes yeah so if we could just put lesser in there so that it's clear that the superintendent can take whatever action is appropriate provided that is the action recommended by the hearing officer or a lesser response well it doesn't have to she doesn't have to take the hearing officer's recommendation okay no it's not enough for that one I don't know well if the student was referred to positive Pathways and she decides to just give them counseling gotcha okay would that work if you guys why don't we

221just put up whatever action he or she deems appropriate which may include a lesser a lesser a lesser consequence or a less punitive consequence is that less discipline consequence right yeah let's just unless we discipline a lesser disciplined consequence sure all right anything else I think we're through with the student code of conduct member for on member for on jump yeah I'm good with all the proposed changes I think everything was we've covered pretty much everything and a lot of the things that I had concerned about concerns about already fixed with the current all right wonderful we'll move on then to the budget and Dr Vasquez do you can you tell us roughly how long the staff presentation will be on that so the staff presentation will probably be no more than 20 minutes correct

222and then it'll just be discussion so if we could take Maybe five minutes from the transition or three minutes for them to transition okay recess for five minutes thank you foreign foreign foreign thank you foreign thank you foreign foreign foreign thank you foreign thank you welcome back Dr Vasquez thank you madam chair it is the time of the year that we have our work session on our operating and our capital budget at this time we will not be making any decisions because the budget still has to be built out at length but it is time to take a look at the framework for the budget for this year we have had conversations regarding new dollars available certainly there have been some individual conversations about board priorities I'm going to turn it over now to our

223Chief Financial Officer Doreen conkolino to get started with our presentation this afternoon thank you good afternoon chair Jacobs board members superintendent Vasquez today is your operating and capital budget work session here with me today is Judith Padre senior director Office of Management and budget and she will be reviewing the capital portion of the presentation our agenda today for today's budget work session is as follows we will review the operating budget the capital budget and our next steps slide 4 shows the actual FTE for past years along with the projection for next year our current projection for fiscal year 2024 is 220 465 FTE an increase of 6765 FTE over the fourth calculation of the prior year of 213 701. this forecast incorporates all K-12 students including charter school and scholarship students however it does not

224include VPK students based on projections from student enrollment traditional schools are expected to grow by 1 867 FTE in 2024. here is the breakdown of FTE by traditional Charter and scholarship students and highlights the steady increase in scholarship FTE as shown in the orange bars 2018-19 is a benchmark year and only includes McKay students the family empowerment scholarship or FES was signed into law in May of 2019 and FES scholarship FTE was folded into District counts starting in 2019-20. Charter enrollment has remained mostly flat as reflected in the dark blue bars our traditional enrollment as indicated in the lighter blue bars dipped in 2021 and is steadily increasing as noted in the previous slide we are forecasting continued growth in 2024. here are our property tax values since 2010. these dollars help fund both the

225operating and capital budgets for the coming school year last year we had a 17.7 percent increase in taxable values this year our taxable values are projected to increase by 11.6 percent based upon the estimated tax roll as calculated by the office of Economic and demographic research the current projection as you can see is fairly steady growth of around five percent per year over the next five years the state legislature will allow districts to capture additional funding tied to the growth and taxable values by keeping the state average of the required local effort rate at the same level as last year this is a history of Orange County Public Schools millage rates required local effort or rle set by the state is the dark Navy portion in the middle of each bar you can see that

226rle has decreased by 2.193 Mills over the last 15 years the millage rate for fiscal year 24 is an estimate based upon the conference report coming from the legislature this chart shows a comparison of the per student funding since 2011. the graph is based upon the second calculation for all years with the exception of the July 2023 bar which reflects the Florida legislature's conference report numbers we won't have the second calculation until mid-july after the tax roll is certified by the property appraiser for the upcoming year there is a projected 379 dollar increase in fefp per student funding over the second calculation in July of 2022. at the beginning of the Great Recession in 2008 State funding declined dramatically until the fefp funding reached its lowest point in 2011. the Consumer Price Index or CPI

227is represented in the line above the funding bars which signifies the inflationary impact year over year and that funding has not returned to the 2007 pre-recession levels to be consistent we illustrate an annual CPI from December to December as shown inflation has been modest with an average CPI increase of less than two percent per year since the Great Recession until 2022 when inflation Rose to 4.7 percent and is now currently hovering at eight percent in 2023 a significant increase over last year when accounting for the special millage shown in dark blue the total per student increase is 458 dollars or five percent over the previous year even with the special millage and accounting for CPI the district has still seen a significant reduction in purchasing power of nearly twelve hundred dollars per student thank you

228to the voters of Orange County for supporting the renewal of the special millage which helps tremendously to offset the lag and state funding over the years in order to support our students and sustain programs in our schools on slide 9 this graph represents the total State Appropriations operating and fixed Capital outlay as a percentage of the total over the last four years the first grouping education includes Early Learning Public Schools community colleges and universities as you can see the percentage of the state budget assigned to education remain nearly the same it went from 26.1 percent of the budget to 25.9 percent of the budget this graph includes all funds for 2024 the total state budget comprised of all funds increased by nearly 5 billion dollars or 4.4 percent although there is a reduction to Human

229Services this Remains the largest portion of the state budget and the legislature prioritized a significant invent investment to increase Transportation infrastructure this graph represents just the education Appropriations as a percentage of the total over the last four years and compares the 2023 first calculation to the 2024 first calculation as you can see in the second grouping more money has been appropriated to Public Schools specifically 65.7 percent of the total education appropriation up from 58.1 percent in the prior year the significant investment in family empowerment scholarships is contributing to this increase board members have identified compensation to staff as their number one priority the district continues its efforts to recruit and retain a high performing and dedicated team and competitive compensation supports this effort the district received an additional 3.1 million in safe schools allocation to

230fund increased security at our schools the district received 1.4 million in additional mental health assistance dollars that will be used for additional direct mental health services and resources for students the last bullet comes directly from the special millage ballot language this past August 2022 an overwhelming 82.1 percent of Orange County voters approved the continuation of the one mill property tax for compensating teachers and support staff and preserving academic programs Arts Athletics and Student Activities the continuation of the special millage brings some stability to the operating budget for the coming year coming four years and is estimated to generate approximately 818 million dollars through the four-year period ending June 30th 2027. the special millage continues to be folded into your operating budget and accounts for 10 percent of recurring dollars to support our current level of

231operations we clearly have a community that supports children and is confident in the district's ability to lead students to success slide 12 includes other budget items to consider for fiscal year 2024 the legislature increase the Florida retirement system or FRS rates that employers are required to pay the retirement rate for regular class for example is changing from 11.91 percent to 13.57 percent the impact to the district for all rate increases about 21.6 million dollars to all funds medical claims continue to rise and we are exploring opportunities to reduce costs to keep our self-insured plan solvent the delayed implementation of plan changes has not provided an opportunity to adjust for medical inflation using current claims are actuary estimates a plan a plan loss in 2023 of 27 million dollars resulting in a reserve deficit of 25.2

232million for 2024 the reserve deficit is projected at 42.5 million dollars as a reminder this budget includes funding for traditional schools charter schools and scholarships for students in private schools with the passage of House Bill 1 the increase to family empowerment scholarship enrollment and the impact to Traditional School enrollment is unknown for fiscal year 2024 ocps is estimated to have 14 982 scholarships going to private schools resulting in a funding impact to The District in excess of 136 million dollars Esser funding will sunset in 2024 the temporary infusion of federal funding has impacted fund balance by allowing operating expenses directly related to the pandemic to be shifted to Esser funding as her funds continue to support academic acceleration provide instructional resources and afford retention supplements and bonuses for our instructional and support staff we recently

233received our most current State ranking for administrative cost per student ocps has the seventh lowest administrative cost per student out of the 67 districts no large district is ranked higher than ocps although commendable administrative costs may be too lean and consideration provided to expanding resources started the current year with an unassigned fund balance of 132 million dollars board policy requires a minimum three percent of unassigned fund balance for fiscal emergencies as of the current year budget that amounts to 60.4 million dollars unassigned fund balance can be used to fund one-time costs such as equipment purchases and bonuses however fund balance should not be used to fund salary increases or other recurring costs we anticipate our unassigned fund balance to be higher than previously projected due to the reduction in planned expenditures including but not limited

234to the temporary infusion of the federal dollars along with the restricted timeline to use those funds shark provides some historical context to our unassigned fund balance again these are dollars we have to help with fiscal emergencies it is difficult to estimate where we will end the current year as required accounting entries normally continue through the month of August some examples of items that impact this number include receipt of purchased items prior to July 1st tax certificates sold by the tax collector the infusion of federal funds and utility consumption to name a few for the 2023 school year food and nutrition services or FNS served over 34 million meals to students for the 2024 school year all meals at current schools will be provided to ocps students at no charge regardless of income level this initiative

235was made possible through the community eligibility provision or cep is an option for school districts operating Child Nutrition programs and is administered by the United States Department of Agriculture the provision ensures all students have access to nutritious meals at no cost removing the stigma associated with receiving free or reduced meals excuse me free or reduced priced meals this program will also reduce administrative burdens associated with managing meal applications and collecting outstanding meal account balances allowing the FNS Department to focus on providing healthy meals to our students the FNS team is excited to be part of this initiative Food Service meal prices for adults will remain the same the only other enterprise-like operation is our printing services area which supports schools and work locations throughout the district and now Judith Padres will present the capital budget

236the capital projects fund this graph reflects the five-year forecast of capital revenues the light blue line for other state revenue shows a capital outlay and Dev service projected appropriation of 7.7 million these dollars are generated from auto license fees and mostly used for safety purposes the burgundy line shows the state funding provided for Charter Capital as passed through dollars the estimated appropriation for fiscal year 24 is 10.1 million as a reminder there are no guarantees that the legislature will continue to fund a portion of Charter capital from the public education capital outlay or Pico funds moving into the future the gold bar represents the district's sales tax revenue projections for fiscal year 24 an estimated 362.2 million is anticipated this calculation is based on current collection Trends and incorporates the office of Economic and demographic

237research forecast as the graph shows there are no revenues allocated to fiscal year 27. this is because the sales tax program will sunset in December of 2025. the dark blue bar shows the impact fee projector collections for fiscal year 24 an estimated 81.3 million is forecasted this projection is based on an average of a three three-year Revenue collection and will be revised once the current fiscal year is closed the orange bar represents the revenues from the one and a half Capital Mill funding source these revenues are based on the district's property valuation for fiscal year 24 the district is anticipating to collect 328.6 million on Slide 19. this graph illustrates the recommended Capital Project's use of funds for fiscal year 24. carry forward funds have not been incorporated into the budget the largest portion of

238our budget is used for district-wide Capital at 37 percent which includes Appropriations for district-wide construction capacity enhancement ancillary projects Capital renewal side improvements and major painting projects this is followed by comprehensive needs at 31 which covers the schools in the sales tax list the pre-2003 schools and funding for schools that are being repurposed the third largest recommended use of fund is f service and transfers at 14 including the Appropriations needed to cover our deaf service obligation the sales tax transferred to the capital renewal fund and a transfer for maintenance purposes on Slide 20. the recommended Capital plan reflects the following board members identified security enhancements as one of their main priorities this proposed plan funds security enhancement projects at several schools there is also funding for 14 relief schools nine elementary schools four middle schools

239and one high school the opening year is based on recommendations and feedback received from both the advanced planning committee and the capital program steering committee capacity enhancement the recommended budget includes 84 million for projects that are primarily intended to add permanent instructional space and reduce some portable instructional spaces it also allocates funds to a list of the pre-2003 sales tax schools these schools are earmarked for projects based on the needs as identified in the district's conditions assessments funding is also included for repurposing projects as an example we have Gateway steam Academy and Cherokee School and capital renewal in accordance with the referendum a portion of the sales tax revenues is transferred to the capital renewal fund to cover major system replacement needs this plan continues to fund that transfer now in slide 21 these are

240the recommended five-year new school openings there's one new Middle School opening this August in August of 2024 this recommendation includes the opening of one Elementary one middle and one high school for August of 2025 the proposed plan includes the opening of two new elementary schools subsequently in 2026 and 2027 this recommendation includes funds to open one new Elementary School per year slide 22. these are the comprehensive projects that are in construction Winter Park High School Lakeview Middle School Howard Middle School and Three Points Elementary School will be moving into the construction phase in fiscal year 24. as you know we have other projects that are on their second or third year of construction that are not shown on this slide comprehensive projects in design Colonial High School Ocoee High School Chain of Lakes Middle School

241Long Childs Elementary School and Northlake Park will be entering the design phase in fiscal year 24. Avalon Elementary Camelot Citrus and Endeavor will all be entering a multi-site comprehensive renovation for which the design will start in fiscal year 24. on Slide 24. our recommended Capital Improvement plan also includes funding for district-wide security enhancements buses which are on a nine-year replacement cycle White Fleet replacement safety I'm sorry for vehicles primarily used by maintenance ground safety and Emergency Management funding for portable moves and Leasing which is included to help manage population fluctuations charter school funding which includes the funds that the state appropriates for Charter main installers plus their share of the one and a half Capital Mill as required by House Bill 1259 and there are also dollars included in the plan for district-wide painting needs

242as well as for digital technology replacement which addresses replacement of devices classroom technology and digital curriculum related infrastructure this concludes the capital portion of our budget presentation in a moment I will turn it back to the superintendent the tentative budget is based upon the second calculation that will be provided by the Department of Education around July 19th upon receipt our budget team Works tirelessly to finalize the budget documents board members should receive a flash drive with all the details of the budget by July 26th the budget advertisement will appear in the newspaper on July 27th and then we will have the public hearing on August 1st key points to remember is that approval of the tentative millage rate and the total budget is what is required as with most budgets adjustments can be made between

243tentative and final adoption as well as throughout the year the public hearing for the adopted budget is September 12th and now I'll turn it back to the superintendent thank you very much so we are now at a point where we'll be able to answer any questions or take any comments from the board just want to reiterate the timelines that Miss congolino mentioned we expect that the second calc will be provided July 19th the team will then take about a week to finalize the budget at that point each of the board members will receive a flash drive with all the details I know that we also have scheduled the public hearing but if there are any questions that you have between the now the time you receive the flash drive and the public hearing we ask

244that you reach out to our team and we'll be able to supply those answers so we're ready to hear from the board absolutely and I'm sure it member from proudly is still on the lines but I'm sure you'll follow up with member Salamanca as well because of it being her first budget year so thank you we have member good first thank you thanks for the presentation this is always the fun part could you go back to the CPI slide please way back at the beginning yeah that was number number that was number eight yeah oh now I see them oh sorry there right there that one so does this total shown here for 2023 include the voucher dollars or exclude the voucher dollars our funding includes voucher dollars okay so this is just based on

245FTE that Gap so the gap of the thousand one ninety two is based on the per student including any students that may go anywhere correct okay all right thank you in the fund balance are the items that we know we may have obligations to include it in that are they in reserve somewhere else for example the money we may have to return for the tourism to to Disney and the timeshares the health commitment that we may have where where are they sitting so when we originally were notified about the Disney litigation we had set aside 55 million dollars so that is included as part of the fund balance we have assigned that but moving forward then we are going to have to account for we've been told about 13 million dollars per year moving forward

246until this is settled additionally there's the timeshare litigation we're looking at possibly 18 million dollars per year as well as I believe you mentioned the employee benefit trust we're looking at transferring 25 million this year and an expected shortfall of the 42 million next year can you go to that slide yes thank you that one no the one that with the chart with that one so on that 3.59 that is above our minimum three those three items are included in that 3.59 percent or they included in the three percent those so the 55 million that we've already set aside is an assigned fund balance this is unassigned this is all unassigned so okay new items that we've just discussed will be coming out of this current year okay all right thank you the capital property

247tax on the on the capital slides could you bring that slide up yeah we've had a tremendous increase in properties how come that orange line stays flat so for 24 we match the property evaluation to to the first conference report for the conference yeah which which is based on EDR and then the second year it also matches what EDR forecasted any year they're after it has a slight increase which as we EDR updates their numbers we will update those numbers so it will grow okay you're not seeing prior year I think that's where you're looking for an escort well I mean we have the EDR isn't matching what the projections are even for the state because they're saying we're going to grow 28 million people in like the next 10 years so that this is

248such a mini skill growth shown here on this property value it doesn't really give us a good sense of how we're going to keep up with the number of students and we know since the last census we've almost doubled the size of our County because we're at 1.5 million and I think we were you know like at 800 just at the last census so I'm I'm concerned that we don't really have a good handle on these numbers you know even with what not that you don't but we as the as the forecasting of the state don't have a good handle on these numbers with the growth and the people that we have to manage because even with what we've had had we not had the half penny sales tax we wouldn't have been able to

249keep up with growth and maintain our buildings absolutely also those numbers will be updated as of the second calc because then they're going to match the property valuation so you'll see I'm not an update by the time we come back for tentative okay okay well that's really I'll come back around I'll get back in the queue thank you member member Salamanca I don't think it's back on the launch she is going to try to call in she is on the line member Salamanca you're up I'm hoping you're not driving the mom and me is coming out remember Salamanca and try one more time we'll come back to you if we if we can't connect okay let me come back to you we're going to go to member bird okay I think I've I've gotten these

250numbers down but I just want to play out what I have written here and see if I'm correct so I had you said for the lawsuits the Disney with the taxing we should be setting aside about 13 million a year correct because we could if that comes through with their calculations we'll be seeing 13 million less correct correct and 18 million with the Marriott and the time chairs correct okay and then next year we could have a 42 million dollar shortfall we're predicted to have with our health insurance correct there will be no changes for the 23-24 year in in health insurance because that was previously bargained so yes that's what our actuary is we'll we'll see how it we'll we'll see what the final results are but there's the prediction their estimates are typically

251fairly accurate okay so that gets me to about 73 million dollars and from the numbers you told you said with our Reserves I got a 72 million dollar excess so again what you're looking at is how we ended 2022 right so now we are and I've noted that we are expecting an increase in our fund balance for 2023. I'll have that information for you by tentative okay or yeah I should have most of that by 10 and for sure by adopt it'll it'll be firmed up okay but it'll okay I just want to make sure I've got my hat around that there can you hear me now chair yes we can thank you yeah I just the 42 death to say on claims Doreen so that's one of the biggest concerns I had when I

252looked through the budget and we talked about it and I know we it through staff talked about some ways that we're addressing this but I just wanted to bring up that from my perspective it's a major concern just because of how large of a percentage it can become and its impact on our reserves and just prioritizing from my perspective that on the budget is really important for me yes ma'am all right remember Salamanca anything else remember gold back to you not at this time all right thank you could you go to thank you could you go to the schedule for the schools that are coming up okay there's a few things I don't see on this or and I didn't see on the comprehensive renovation list one is the middle school for Apopka Vineland and

253I know they were working on the numbers but we have so much growth in that old town area and on Turkey Lake that I just want to make sure that is getting closer scrutiny and it may take a little bit of meeting with the developers over there to see what those plans really are and how fast they're going to come out of the ground because everything's moving really fast down that iDrive Corridor and that middle school is going to be essential of course the 612 Polytech for the west side of town any chance I get and then the last thing even before I came into office and certainly superintendent you are fully aware Windy Ridge is a challenge it continues to not serve the community in the way that we want it to serve the

254community we have to do some Capital Improvements there we just have to it's we keep punting it and punting it and punting it and I've been in this community over 20 years and it has been a challenge because it doesn't fit the middle schoolers and allowed to open up to really be a choice School we've got to create enough capacity to be able to do both there we can do it temporarily through Portables but that's not the answer and if we put the right magnet program in there maybe we don't need a gym I think this conversation has been at least 15 years I think I think I remember being a principal at Wendy Ridge and having this conversation so staff is taking a look at a the process for getting into the middle school

255and it is a bit complicated because the magnet is just the middle school there's no program and so there's confusion around why is it a magnet well it's a magnet because if we could create capacity there then it could be a full magnet and then it would be a choice and then people who want the sports can go to chain O'Lakes you like how I set that up for you yeah yeah so the staff is looking at that they're looking at the possibility of a permanent building because there certainly is space out there the concern right now really is that we continue to have people on that wait list and we want to be able to serve that community and its needs the other aspect of it and we've had conversations is that we only

256have two kids who do not have a gym and if we're talking about equity and making sure that all of our children have opportunities across the board those that would also be a discussion for us if we're willing to now close that lube with or without a magnet at Windy Ridge thank you I'll look forward to hearing more about that one last question this is more legal I know that we have to share the capital money that is the special half penny but it wasn't put that way on the referendum so is it truly legal to to do that with this I mean I feel like we're in a rock and a hard place as the school board right because we created referendum language that our community voted on and now the state is requiring

257us to do something that is in conflict with what our community voted so I think our referendum did specifically include charters in it if I recall one the one mill does we're not currently sharing the half penny moving forward moving forward but moving forward from July 1 correct yes if we were to renew the sales tax we would have to share okay so not this current referendum we don't have to share 24s and 25s money no so there's two separate funding sources you have the one and a half Capital Mill with the with House Bill 1259 now we need to share a portrait a portion which we already were the one no we were not oh starting July we will be doing that I want to say maybe four years ago we did share some

258of the dollars for one year and then the state came back and funded the Pico Charter maintenance and then we stopped sharing okay you're talking about the one and a half Bill Mill now wait we have a half penny sales tax let's do different sources I believe and Miss ambo can confirm if we were if we were to renew the half sent sales tax then we would have to share it with but we don't have to share what was not removed on the previous ballot correct but we are sharing just for clarification we are sharing our one our special millage yes I knew that okay I knew we did that by choice that we made that choice but I was concerned so thank you for that clarification I was under the impression that we would

259have to from the from July one on share the half penny and I'm glad to hear because I do feel like that's not fair to the voters of Orange County so thank you very much okay member farant thank you madam chair I am just thinking real quick I just wanted to just be afraid for the public really for their with the hb1 the funding that will go towards students it follows the student whether they go to private school or home school Public School whatnot but that funding for the practices to choose to receive that funding is being sold through the district but is not the district and so just for the Public's awareness we're trying to reach out to our legislation if there's a way to separate those funds that OBS has separated if I

260can interrupt you I'm sorry for just a minute it's breaking up a lot it has the last couple of calls this one was particularly difficult so I want to make sure we understand your request I think you were acknowledging that the funding comes through ocps but you're advocating for and can afford to be carved out separate I believe board member mentioned that at our board priorities okay that's that's what you're trying to communicate is that correct yes ma'am I'm sorry is it a little better right now you're right this second it's just going to come and go if we if there's any question about what you said we'll come back and clarify but go ahead we appreciate you making the effort to be on the call yes so just one last thing our empty facilities

261for instance Fort Gatlin I have something to do in my area is there a I've had people reach out and ask if there's a reason why we keep those facilities even though they're vacant and what we're doing to try to either sell them to gain that the funding or forward remodel them and use them you know a better purpose for instance the Pine Castle entry will be transformed into a VPK but also has quite a few of the Portables on the property so just trying to see how we can try to save the money and just be real Frugal with our finances okay member front I'm gonna start with Miss emval who wants to respond yeah I want to reach out to Fort Gatlin is a unique situation because we actually have a lease with

262the United States federal government for that so we have exercised our reverter Clause so that's not we're waiting to hear back on how that transfer is going to go and then with respect to our other properties that are maybe underutilized we actually discussed it our cabinet meeting last week repurposing those or or declaring some of them Surplus if we have to do that and so that's what we I know that staff's looking at those particular facilities to see if they can be better utilized okay thank you so much that's that's all for now all right thank you member front Dr Vasquez that's it yay thank you so much we have taken notes and again I do strongly encourage you between now and when we actually have our next meeting that if you do have any

263questions anything you want us to also consider to reach out all right thank you thank you thank you great presentation thank you and we'll see you next time and we now adjourn thank you foreign thank you thank you thank you

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