OCPS | 2019-06-04 Rule Development & Work Session

001okay good evening and welcome to the orange county school board's rural development and workshop and work session this tuesday june 4th 2019 and dr jenkins you're recognized thank you we have three areas to cover first we will do our budget priorities followed by our legislative update and then we have a list of policies that staff will take you through along with our general counsel budget priorities as you recall as you may recall is an opportunity first for our cfo to review what the numbers are looking like in our actual budget and then an opportunity for board members to weigh in on where they would like to see any priorities for large numbers of additional dollars coming in from the state should they actually be coming in from the state nonetheless we go through this exercise

002so that board members can stress where they would like those limited dollars to be invested and any ideas they might have on the capital budget as well so with that being said mr kelly take us through it thank you superintendent i have a brief presentation for you here starting out our projected fte or full-time equivalent number of students for the coming years 210 457. that's an increase of 3764 fte over the current year overall we have a funding increase of about 80.9 million to the budget in fefp dollars and that's 27.8 million of those dollars will be needed just to fund those new students our base student allocation is increasing 75 dollars and seven cents or 1.79 percent that is much better than last year as you recall when we had an increase of only

00347 cents in our base student allocation we have some new categoricals as well as some significant increases in a couple of our categoricals first of all the best and brightest was rolled into the fvfp for the first time in prior years these dollars were not included in our per student funding since a local school board really has essentially no control over these how these dollars are spent this really kind of artificially inflates our overall per student increase for the year also this year we have a 1.6 million dollar increase for us for safe schools in addition we have a new categorical called turn around schools this is funded at five hundred dollars per fde to qualifying schools for intervention and support strategies at dnf schools to turn around their academic performance the dollars that we

004spend on a turnaround plan must be approved by the department of education statewide there is an increase of 5.8 million in mental health dollars and for us that would be 493 000 in our district we also had it saw an increase in the frs rate that was approved by tallahassee our normal retirement rate went from eight point two six percent to eight point four seven percent of salary so that in turn cost us about two point four million dollars for that rate increase in addition we have health insurance increases that are moving forward and currently that's really in the bargaining process so we really won't know the impact to the budget until that collective bargaining process is completed so overall the fefp per student funding increase is er the total per student funding is approximately

005seven thousand six hundred twenty seven dollars that equates to a per student increase of two hundred eighty four dollars or three point eight percent over the second fefp calculation and remember that includes the bsa plus those categoricals and that includes that best and brightest and things that really artificially inflate the dollar so if you take out those categoricals and those the new ones as well as those ones that just significantly increased i went over in the prior slide our real increase is more like 159 dollars per student or 2.17 percent fortunately we also have the one mill in the district that was just renewed for another four years so if you add that add those dollars on top of what the fefp provides our per student increase is 196 dollars per student or 2.45 percent

006this chart shows our per student funding from the second calculation going all the way back to july of 2007. we use a second calculation because that is the calculation in effect at the time of the adoption of the budget the july 2019 number at the far right is the amount from the conference report which is also called the first calculation we will get the second calculation around mid-july after the tax roll is certified by the property appraiser overall you can see the per student funding since prior to the great recession while we definitely needed the special millage renewal you can see we're still about 660 dollars less per student than we were back in july 2007 when you include inflation and the overall inflation factor cpi is really less than 2 percent on average over

007those 12 years and with that i'll turn it back over to the superintendent madam chair ready to hear your discussion robert you're recognized hi good afternoon um while this is a bleak news once again we're coming from the state of florida i am happy with a couple of things in the state budget i i believe that the new money coming in for mental health will be a good thing for our students and our employees i think additional support for mental health is going to translate into some positive things happening with uh discipline that's one of the things that we've consistently heard from our teachers and our employees that we need to work on i think that that i think that that will translate i'm happy with that as far as the rest of our our

008budget i'm going to repeat exactly what i said last year that we need to just turn over every cushion dig down behind every sofa and every penny as far as i'm concerned needs to go to our people and uh continuing to give them you know whatever raises and salary increases that we can pull out i just think that our people are our priority and they translate into helping our children thank you thank you wilson member gordon thank you madam chair [Laughter] make that two difference yes okay yes make that three dittos all right remember bird thank you um i'm gonna say ditto as well um that was one of the first things i wanted to say anything anywhere we can find it anything we can find i agree needs to go back to our hard

009workers in our district that make us as great as we are so um besides that two other things um well actually one other thing right now um as i don't know if all of you are aware that many of our high schools are losing their baseball field lights now like what's happening now i know that i've been contacted by by some concerned community members in my community and we have one school that re that has a one community that has a community baseball team that uses the field and they won't be able to use it anymore um so i would like for to just bring up the possibility of us replacing the baseball field lights for the schools that are losing them and i know that we would also need to do the same for

010our softball girls softball field lights so um that's something that i would like to just dr jenkins can you help us out thank you madam chair and so ms byrd and i actually had discussed this previously i told it would be the time to bring it up here's what uh the history is in certain schools there were either booster clubs or athletic clubs that raised money and put in lights for baseball fields then the district had some repercussions around title ix any place that had raised their own money and put it in baseball fields years ago more than a decade ago then we had to also make sure there were lights for the girls softball fast forward some of those light installations were not deemed safe in fact if you remember those board members that

011were here at boone i believe we had one of the lights fall nobody was injured but the wooden poles are really not considered to be safe anymore and so mr morris and his facilities folks had an inspector go out and look at those wooden light poles and every school that has those we have a written recommendation that they need to be removed and of course initially we would say you had um an outside entity or a club raise money for the lights and so that would be how you get them replaced but we will take them down once they've been deemed unsafe the more we thought about it i asked the team to do some research surrounding counties do have lights on their baseball and softball fields and so we are really somewhat the outlier

012and so what i mentioned miss bird if that she could bring it up because around budget time in the past we've looked at some district-wide need to use from non-recurring dollars and so the best example i can think of and most recent is the rubberized tracks in essence some of our schools had rubberized tracks and others were at a disadvantage they did not have rubberized tracks meaning their athletes were running on asphalt and perhaps doing more joint giving more joint discomfort and not as well prepared for state competition which is always on a rubberized track so a year and a half ago the board said we want all of our schools it's an equity issue all of our schools to have rubberized tracks well the baseball lights in those areas in those schools where they

013have concrete poles or the safer poles in place already creates a similar inequity that i think mr morris and his team believe can be accommodated from our non-recurring dollars to make every school have both the baseball and the softball lights with the exception of any school that has a provision that prohibits those lights i'm looking yeah actually actually i was looking at miss gould [Laughter] but but it's 50 but it's one of those equity issues that i think could be considered we're certainly happy to consider it because it's similar to the rubberized tracks so i wanted to give that background that history madam chair members of the board thank you so much um remember bird absolutely and let me mention though remember before you continue that a number of uh board members uh punched in

014on this subject so what i'm going to do is um when you're done come back and see if anybody has any specific comments on this before we take everybody else in order okay okay so go ahead i just wanted to bring up another point as as a superintendent mentioned we are at we are you know we don't have the lights like the rest of the county surrounding us do and i know in particular there are some counties that really receive a lot of extra income from renting their facilities and that comes from being able to have the night games and use those lights so you know that's something else to consider as well that we're missing out i think on a big market of um you know we have a lot of people from what

015i'm understand they go and skip us and go over to like lake county to use their facilities or over to seminole county so i think that's something we need to consider as well okay let's just pause for a minute any of the board members that push their button to be heard on this particular subject okay let's go um and then in the order i've got um member gallow on this subject and then member gala we'll come back to you on just general issues in a minute thank you madam chair um i just would like to tell member byrd that i agree that i think that the baseball um fields do need lights we have an equity situation going on where some do have it winter park has lights that are the wooden poles that will

016now have to come down due to safety concerns east river and university do not have lights so i would love to see that resolved and have all of our softball and baseball fields have lights thank you okay remember lopez thank you madam chair i just need more explanation on the health insurance increases on slide number three all right on the health insurance increases we've uh as you recall last year we did not raise rates at all they remain the same and as we look at the results of the trust the trust has been losing money and so based on our actuarial studies we need to increase the we need to make adjustments in the plan to the tune of 18 percent and so those adjustments can be done a number of ways it can be

017through premium increases it can be an adjustment in benefits or it can be just additional contributions from the board any a combination of those so those have to work their way through the bargaining process in order to come up with the end result of what that would be increases i'm sorry madam chair yes i apologize one classification the board is responsible per contract for the first 10 of that increase and so that's automatically off the table for bargaining because the board by contract already assumes any increase up to ten percent remember lopez that it answered your question all right then we'll go to member gold um i wanted to just uh also chime in in support of both the the lights from non-reoccurring dollars because i also see the revenue potential and the enhancement to

018our programming for our students but also on the raises it is a ditto but i want to point out a couple of things on why this is so important and that we continue to try to work with tallahassee to get them to invest properly in education we have a 2.7 percent unemployment rate in the state of florida which makes the marketplace a highly competitive place we are seeing in central florida the average minimum wage by market not by law coming to 15 an hour and we are not funded in a way to compete with that and you could go through almost every one of our professions and find professional parallels and we are grossly under that wage market because of our funding levels from the state we do not get back what we send up

019to tallahassee from the central florida area and i get that i get that we want equitable schools across our state i get that but without a core education we do not have the chance of economic prosperity so k-12 education our technical colleges our dual enrollment programs and partnerships with our universities are all part of preparing our workforce and without those things it just we we don't have an economy period the end without pulling it from other states or other countries so i don't know how we continue to get that message to the state but anybody who happens to listen to this and if you're active please talk to your legislators thank you member gold member gala thank you madam chair um first i want to say that and i know that we'll get an update

020later about the legislative issues regarding the budget but i'm happy to see the shift of the best and brightest i know that it goes into the ffp and it weakens it it makes look we're getting a lot of money but it's got to go to categorical but the fact that they broke that up and they've changed the way we can pay bonuses it's not going to be tied to an sat score anymore i think we're making progress thank you i'd like to just ditto what member covert [Laughter] our priority has to be our our teachers and our staff we've got to give them what what they want and need which is a pay raise so i i definitely agree with that the question that i have is um with the dollars that we're going to

021get for mental health the 493 000 and i don't know maybe if you can answer this but what really will that give us like we know we have a mental health problem we're like last in the country in mental spending they really haven't addressed that in tallahassee i know that first lady desantis has started this whole mental health campaign and they're going to try to bring billions of dollars to mental health what will we be able to piggyback off that and what does almost five hundred thousand dollars really get us in the district as far as mental health great question mr kelly yeah so so part of that response needs to come from staff either i'm assuming eileen or dr vazquez they're actually still looking to get some clarification we know we can't buy counselors

022with it i know because i tried counselors guidance counselors are prohibited from being purchased by that i think will be simply purchasing more mental health counselors dr vasquez do you remember a number you can come to the table you still have to have a plan approved table would have been fined next to me work session workshop so the dollars that we will receive uh this upcoming year will require a plan just as it was last year we are looking to provide um excuse me 90 of the funds have to be used to provide direct services part of those dollars are going to be used to our plan is to provide a social worker for each of our high schools that will be able to provide direct services to the students we're also going to look

023at professional development which is also part of the requirement tracking of students and services that they receive them follow-up is also part of what is required and as the team puts forth the plan we're looking to feedback we received this past year from our schools they continue to want more behavioral support and more training but that does have to come as direct services mental health counselors are only allowed to provide certain number of sessions for support and some restrictions apply because they don't serve the entire school population they are targeting specific students and so that's why we're looking to broader positions such as a licensed social worker that can do home visits they can do small groups but could also provide that one-on-one counseling because they're certified remember gala that's all i have thank you

024so much um remember caster dental i want to chime in here so people don't think i'm just up here eating some dessert at the table but um we all have them i just want to state that the salaries for our teachers and paras and all support professionals would be my top priority as well and then um member gallow everything that you just asked are are on my page of notes here the same questions and same priorities for addressing the the the gaps in the mental health services that we're providing for the students and any way that we can get to a more comprehensive guidance program at each school whether it's a social emotional curriculum and additional training for teachers social workers mental health counselors guidance counselors we are in such great need and our students

025are in such great need any way that we can continue to build that out is remains a priority for me thank you i love how much this board is on the same page and each of us coming from our own direction but still being in the same place completely agree on the high priority of compensating all of our employees adequately and i think remember gold's comments about the very very tight labor market coupled with the fact that we have the one of the tightest and most expensive housing markets now in the nation really compounds um the challenge for us i think in maintaining the employees that we have in the career path that they chose that we desperately want them that good news um i continue to feel encouraged by the comments of speaker corcoran

026and i think the recognition that salary's an issue and i if we can get him to champion that in the legislature he will get farther than any of us could ever hope to get so i'm encouraged by that we're looking forward to an opportunity in the fall to invite speaker corcoran down to tour some of our schools and we wanted to wait until the fall until we're fresh and starting back up again before taking um before inviting him down but i think um reinforcing and supporting his initiative in that regard would be really important secondly mental health um i'm just beyond thrilled that that is a priority for the whole board and i'm trying to remember i think it was you remember coburg who mentioned discipline um and the the connection this very very strong

027connection there and i think um one of the one of the concerns is we're a little bit off a budget but that i hope that we can have some dialogue around is the process for baker acting and when and how we do that but i also want to recognize um superintendent serves on i would think you're still on the youth mental health implementation commission and um that was an initiative that i started in response to sandy hook and also as i think many of you all know in response to my own um family um my my brother's significant problems with mental illness so uh there's opportunity to partner with orange county and i'd like for us to revisit how we can do that in a way that orange county public schools is comfortable with they

028now have money last thing i did was fully funded their their budget they have money for navigation services we can only do so much in our schools but there's a lot that needs to take place at home and helping parents know where those resources are so i know this money that we have isn't going to go far enough but i think if if we can revisit what are those resources available to us through other partnerships maybe we can take that one step further and help with both discipline and suicide rates and the other challenges that we are we are seeing and are symptomatic of the economic situations of many other families so i just again i'm so so thrilled to serve on this board with all of you guys it's just awesome remember gold uh

029thank you i just wanted to have a follow-up on the um on the mental health i i know that we started the mental health first aid a few years ago with some key employees but if that can be part of that training um that's such an effective if we could get every one of our staff members kind of trained in identifying those issues because everybody has different interactions with our students and in different environments and so that's really important i know there's a lot of training elements out there but we did start that and i'd love to see it finish and the other question that i had could any of this money be used to enhance some of our school nurses at a higher [Music] education rate if they have that mental health component as

030well as rn because then you have a whole other high skill set that's you know not a mental health counselor but certainly and somebody who can triage and also be more interventive and they often have a great relationship with more kids you're recognized we are training um staff on the mental health 101 with our partnership uh with ucf dr vasquez for some reason we're not picking up your your mic can you pull a little closer it's probably on but just not close enough maybe or no it's not on is that better yes i just want to make sure the eye light victor's in the i just want to make sure that if anybody tunes in later to hear this they can hear you thank you we are continuing to train our schools and staff on

031the mental health 101 with the partnership that we have with ucf this year we had representatives from each of the schools that were the sel contact begin to participate in that expanse of training that will continue through this upcoming year we will also continue to provide behavioral support and behavioral training because there is quite a disconnect many times our staff are associating behavioral issues or discipline and mental health and they may be related but oftentimes they're not and so looking at school-wide systems and procedures such as pbs is one of the focuses that we will have for this upcoming school year making sure that happens k-12 and we will continue to look at the support that's given to the schools through the variety of individuals the nurses is something that we have started to look

032at part of that is the cost that's associated and um what the return on investment will be if we could get more personnel that provides more direct services but that is something the team is looking at and bringing back as part of the proposal for the plan okay thank you very much that is our last comment dr jenkins do you feel like you have adequate direction i think it's pretty clear absolutely and so on the issue of the baseball lights will uh will facilities be coming back with an estimate or does that just get rolled in or how exactly does that work for my first budget look at the information the estimate and roll it in by the time we have a proposed budget okay thank you wonderful it was i if i recall it

033was around the 10 million dollar mark mr hart you're not ready to uh brief the board on this yet are you okay thank you okay thank you okay so next we have our legislative update [Music] this one works i think it's on and turn it on evening we are here to give the wrap up to the 2019 legislative session uh we'll briefly touch on the uh the the budget um side of the presentation and then go into three major three of the major substantive bills the other bills are listed at the end which we can go over and have conversation with so we're trying to make um i know many of you have had legislative updates from other venues and we'll also receive one through fsba we're going to try to hit the highlights and

034then make sure that we can answer any questions we know time is tight today so i'll turn it over to cody and eileen who did a a great job this session and so very very happy with uh with their work and what they're doing with our legislative delegation so i'll turn it over to cody um good evening um this is the same information that dale touched on if you want me to go into what's on the slide i can definitely go into that and proceed oh next okay same same exact information that dale has on his slide we can definitely provide you with some information offline as well my turn good evening everybody i'm going to go over a couple of bills with you um just so you guys are aware we just picked the

035three major bills to go over with you guys because we have such a short time however all of the presentation is available to you there are slides on every other bill that pass education bill so you can take a look at those if you have any questions please contact either cody or me and we'll be happy to go over anything with you so we're going to start off with senate bill 7030 which is the school safety bill a couple changes that came about as a result of the bill the bill now permits all classroom teachers to be armed for purposes of participating in the guardian program if you recall under senate bill 7026 from last year there was a restriction for classroom teachers that has now been removed i do want to point out to

036you if you have not heard that moments before we walked into this room we got news that the officer from parkland was arrested and charged with child negligence culpable negligence and perjury as a result of last year's shooting so i don't know what impact that would have to somebody's motivation as far as them wanting to become a guardian is concerned in addition sheriffs are required to assist districts and charters to comply with the safe school officer requirements so that assignment of one-on-one officers to the school the sheriffs are required to assist us and the charters to comply with that requirement a sheriff is allowed to contact another sheriff's office if they don't want to do the guardian program so that the other sheriff's office can run the guardian program in our county if we so

037choose to go that direction and then lastly the su only the superintendent or the charter principal are authorized to appoint a guardian so they can't be appointed by the sheriff sorry another requirement in the bill is that we must promote fortify florida by advertising it on our website or other publications and also installing it on all district issued digital devices if you don't know what fortify florida is it is that software that's been created in order for you to report any incidents that you think might affect school safety and then in addition the bill also gives the commissioner compliance authority over districts to ensure compliance with the marjory stoneman douglas act that was not something that was in his authority previously and i'll go over that in just a little bit more detail in a

038little bit the office of safe schools has been given some additional duties these include providing annual training to districts and charter personnel on site security and creating a risk assessment tool and training district and charter folks on how to use that risk assessment tool they are also tasked with coordinating with fdle to provide a data repository for access by appropriate district and other agency personnel in addition to that they have to provide technical assistance to districts on the fssat reporting tool they must also convene a school hardening and mitigation work group to come out with best practices that will then be given to the commissioner and then the commissioner will give recommendations to the legislature they have to develop a behavioral threat assessment instrument that we have to use in the districts and that has

039to be developed no later than august 1st of this year so we should have that prior to school starting we have they have to monitor compliance by school districts with safety issues and so they are the ones that would report any non-compliance to the commissioner the commissioner would then take that information and report that to the uh president senate senator i'm sorry president of the senate house speaker and the governor and lastly they have to publish a list of the total number of safe school officers in the state and the number that have been relieved or disciplined as a result of misconduct the bill also contains a number of of references to statutes that charter schools are no longer exempt from so they have to comply with all of these requirements that you see listed

040up there all those different areas in addition to that there's been a couple of changes to the drills in the sense that now drills for active shooter and hostage situations have to be conducted with developmentally appropriate and age-appropriate procedures there was no decrease in the number of drills so we still have to do i think it was nine drills a year or something we were doing that is still going to stay the same in addition the board has to adopt policies to ensure accurate and prompt reporting of school safety incidents and we're already working on on bringing that for you the bill contains a provision that our board must collaborate with charter school governing boards to facilitate charter school access to all safe school officer options available under the law and we do have in

041our current sro contracts a provision that complies with this requirement already so we are we were already doing that and then lastly i want to point out that there's a provision in there that says if a board either through adopted policy procedures or actions denies a charter school access to any of the options they have for a safe school officer then we would be responsible for assigning an sro to that charter school and the only thing we would get reimbursed is their proportionate allocation of safe schools so this bill was signed by the governor on may 9th so and it went into effect on that date um next i'm going to go over senate bill 70-70 70-70 was the big train bill that we had this year the bill i'm sure you heard a lot

042about it first of all created the family empowerment scholarship program and it is funded through the fefp this is a new voucher program and it's different from the previous voucher programs in that it is not funded through that tax credit program that they were running instead it's coming directly out of the fefp this time which by the way is a violation of bushby homes the bill states that the scholarship will be initially for funded for 18 000 students during the 1920 school year and then thereafter that number can be increased by 0.25 of the state's total public school enrollment and lastly the amount that a student generates with a voucher is potentially more than that student would generate sitting in one of your seats in one of our classrooms and the reason for that is

043what they receive is 95 of the basic program of the fafp in the district and where they live and then they're entitled to all categoricals which they would not necessarily be entitled to if they were sitting in our in our in our classrooms so the only other categorical that they would not be eligible for would be the esc guarantee and i just want to point out that um private schools do not have to comply with the marjory stoneman act they don't have to pay um their teachers best and brightest program bonuses and so but they're still getting all of that money included with them there was also talk um when this bill was being debated on the floor that somehow or another than 95 percent was saving the state money because we were gonna get

044to keep five percent of that i don't know where that came from because this money does not pass through us at all so i just want to clear that up as well the bill also establishes the community school grant program and this is a wonderful addition to our law where now we have a grant program for our community schools so this is like our community school similar to evans and the a school and by the way we received a lot a lot of kudos for our ovens and our a school up there um you know they kept calling us out and our folks went up there to testify they did an excellent job which helped in getting this provision through so with the grant program districts are required to have long-term partnerships with private entities

045in order to qualify and priority is going to be given to districts that currently do not have a community school program so we're not likely to be on the top of that priority list and also the center for community schools at ucf is going to oversee the grant program the bill also has changes to the definition of persistently low-performing school it has been changed to include schools that have earned three grades lower than a c in the at least three of the five previous years and that used to be the only thing that um defined a persistently low performing school but now they've added an additional um criteria which or it ha has it and it hasn't earned a b or higher in the most recent two years so that greatly expands the number of

046persistently low performing schools that we that or schools that would be labeled that and then in addition to that if you can remember the wonderful schools of hope concept that came up a couple years ago the areas where those schools can be located have now been expanded um it used to be that those schools could only be located where persistently low performing schools were now they can be built there they can be located there or they can be located in what they call opportunity zones and those opportunity zones have been designated by the federal government so it greatly expands um the number the areas i'm sorry where these these schools can be located as you've heard they've restructured the best and brightest teacher program it removes the teachers performance on the sat and act as

047a factor to determine their bonus and instead it's now created a three-tier bonus system um the three tiers are the first one would be recruitment and recruitment is for is a one-time bonus for newly hired teachers that are content experts in math science computer science reading or civics and this bonus is for up to four thousand dollars we can prorate this um if we don't have sufficient funding the second uh bonus is a retention bonus and that is for effective or highly effective teachers who teach in a school for two consecutive years including the current year and are in a school that has improved an average of three percent or more in their school grade over the prior three years if a teacher qualifies she will he or she will receive twenty five hundred dollars

048if they're highly effective and one thousand dollars if they're effective the last tier is a recognition bonus and this is for effective or highly effective teachers selected by the principal based on performance criteria established by the district and i do want to point out there's no amount set for the recognition bonus but you only get to fund that if you have enough funding after funding the first two tiers of bonuses the best and brightest principle program has also been changed now the principal has to serve at the school for four consecutive years including the current year and the school has to have improved an average of three percent or more in school grade over the prior three years the amount they would be eligible for is five thousand dollars sorry there's been some changes some

049other positive changes when it comes to our building program facilities um an educate sorry an educational plant survey and needs assessment will no longer be required when a district uses local funds including the 1.5 discretionary millage and it would be solely if we use local funds if we were to use any kind of state funds we still have to do the educational plan survey and assessment in addition to that there's a provision in there i don't know if you remember this but i think it was 70 55 last year that included a provision in there where you guys buy by resolution could waive certain provisions in s-ref that we don't have to comply with as long as there are sufficient hurricane shelters in the area and that would require a super majority vote under 70

05055 this bill changes it so now it just requires a simple majority if that's ever something that you want to take uh advantage of in addition it has a requirement that the doe and the office of economic and demographic research review and adjust the cost per student station limits by january 1st of 2020 and annually thereafter which will be good since as you know construction prices kind of fluctuate consistently especially right now it removes the sanctions if a district goes over that cost per student station limit so we won't no longer be sanctioned for that and the definition of student station has changed to more accurately reflect the cost of building a school it removes legal and administrative costs and site improvement costs from the definition so it gives us a little bit more wiggle

051room on our cost per student station now the most exciting changes at least the ones that cody and i heard about the most were the changes for teacher certification everybody was very very happy about these so now the general knowledge exam is only required for classroom teachers as defined by statute which now excludes some previously included personnel such as guidance counselors and librarians the district must provide teachers with information on state and district preparation courses if a teacher fails the general knowledge exam which i believe we already do teachers no longer have to pass the general knowledge exam within the first year now they have three years to pass the exam the temporary certificate can be extended for two years if a teacher is rated highly effective the prior year or if they've completed two

052years of mentorship and the exam fees are being adjusted and there's a requirement there that the sections have to be prorated so if a teacher fails only one section of the exam then they could they have to prorate that portion of it i think there's four the exam was going for like 180 so you know they would have to prorate that portion of it and i do want to let you know that as of today we've been able to identify 221 teachers that will benefit from this change in the law and our folks are still working on identifying some additional teachers that may also benefit and then the last change is to teacher uh preparation programs they've been modified to include some additional requirements in there now this bill was also signed on um april

053i'm sorry may 9th it goes into effect on july 1 except for the portion that deals with the general knowledge exam that went into effect the minute that became law i'm gonna turn this over to cody so i'm gonna go right into it this is the workforce bill i think and everybody on the board and superintendent and our otc people played an intricate part in this uh in this bill when it came to the uh pushing for more apprenticeships and pre-apprenticeship programs so thank y'all without your help it would this wouldn't happen so thank y'all um by september 1st uh by september 1st the doe is required to publish an annual report on pre apprenticeships and apprenticeship programs and they also are required to assist school districts and other providers with notifying students parents and

054the community on pre-apprenticeships and apprenticeship programs so to the next one yeah thank you so the bill also just the bill also encourages districts to adopt policies to celebrate academic and workforce achievement of students the bill creates the college and career decision day to recognize seniors in their post-secondary plans and encourages post-secondary planning so if you all see on if you if you're football or basketball you know fans you see on tv that they're getting ready to assign a day now they want to do this for a career in workforce so just kind of pushing that over to that side the academic side and the workforce side for us the bill also removes the date on which academic scholarship signing day was held so previously was held on a third on the third tuesday in

055april of each year so that's gone now so we go to the next slide the bill also requires a course in career and educational planning to be completed in by middle school so the the the the course can be taught by any instructional staff it can be a stand-alone course or it can be a course integrated into another course so how many of you all knew what you wanted to do in middle school not me me either so um so just go further on uh the good part um this is one that i that i think we played an integral part into as well allows for two mathematic credits to be earned when a student completes uh algebra one a in algebra 1b through a two-year course um within that process a student must be

056counseled that that the university may require additional math so that they have to be told that there may be some additional requirements that they have to meet before taking this route also allows the computer science credit to be substituted for either one math credit um not in algebra one or geometry or one science credit but not in biology one if the commissioner design designates course as equally rigorous so they actually have that option as well um the bill also allows the student to earn an industry certification in 3d prototype printing to satisfy up to two mathematic credits but not in algebra one you can go to the next page thank you um so here's another one that we advocated for last year um when we were saying that the financial literacy course should be a

057course on its it should be an option and we push it and push it and push it and here we go so the bill removes the financial literacy to ha from half credit of economics requirement that was coupled in with social studies so it's now so will now be a standalone elective that we have to offer so it requires districts to offer a half credit course in financial literacy as an elective in the beginning of next year 2019 2020. ah next page oh they'll notice right there sorry um so in the beginning of 2019-2020 school year a student is eligible to complete an alternative pathway to earning a standard high school diploma through the career and technical education pathway option so what that includes i'm going to go into a little bit more a little

058bit detail a student must complete 18 credits and earn a gpa of a 2.0 uh same credit requirements as a standard high score as a standard diploma in ela math science and social studies complete two credits in cte that result in a program completion industry certification complete two credits in workforce workplace learning but can substitute two electives so i'll go in a little bit more to offline i can go into a little bit more detail off of that um districts must must district districts are required to incorporate cte pathway options and student progression plan as well um again i can still go in a little bit more detail right offline with you if you want to meet we can go to the next slide thank you so to address overlapping services the bill requires career

059pathway agreements between state colleges and career centers the annual rep the annual agreement must be submitted by may 1st and the agreement must address each certification program offer that is aligned with an associate degree the bill also requires uh career centers career centers to have a dual enrollment agreement with each high school in the district and submitted to fdeoe by august 1st go to the next slide so to expand the pre-apprenticeships in the apprenticeship programs the state legislature was generous enough to give us this this creation so it creates the florida pathway to career opportunities grant program for high schools and other providers to sponsor apprenticeships and pre-apprenticeship programs um just getting more we're able to have it's a competitive competitive grant that our districts will be able to apply for and we can extend

060expand our programs our our existing pre-apprenticeships and apprenticeship programs the bill also allows full-time adjunct educators to be certified for up to three years and also full-time certifications and also full-time cert certificates are non-renewable um i know that we are losing a lot of adjunct professor i mean adjunct teachers in our cte program uh at a rapid rate we're losing them to industry and i just found out what the industry meant and that was to a company that's coming in and that's just grabbing our uh our teachers and offering them more money and so we wanted to help them stay here and retain you know retain and recruit so what we did was there was a they were allowing them to uh be certified up to three years and you know if they decide to

061come on keep going they can keep coming with us so the districts are required to post requirements for adjunct certifications on its website so we have to post that on our website and include the subject subject area test needed to demonstrate master mastery and finally districts are required to report annually to the department the number of part-time and full-time adjunct certificates issued and that's all i have oh and if bill hasn't been signed yet i was surprised because that one passed 113 to zero and with bipartisanship and it wasn't passed yet he hadn't signed it yet i'm sorry the next slide is just a list of all of the additional education bills that were passed some of these are going to require some policy changes and we'll be bringing those to you in august be

062before school starts so those things will hopefully be in place by the time school starts and then like i said there's some hidden slides after the next slide that i'm going to show and that has an explanation of all of these bills in a little bit more detail so please feel free to look at those and if you have any questions again please feel free to come and talk to us thank you let's begin with member karen castro dental thank you madam chair um i have a question about each of those main bills you just presented the first one senate bill 70 relating the guardian program because you mentioned before you started explaining that the the sro the sheriff deputy was arrested for neglect uh while on duty um do you know if there's language

063in the bill about um guardians will they be held accountable as well if they did not engage in active assailant there's there's no language that addresses this issue in the bill there's no qualified immunity none of that uh in the in the bill or current legislation maybe do you know if there are any expectations of duties for guardians i would say their expectations would be whatever is included in in the legislation which has some parameters set out there and then whatever um information or direction we would get from the office of safe schools okay thank you i have another one about um the 70 70 and the principal bonuses uh just a clarification um principals are eligible for the five thousand dollar bonus it said for if they're at the school or if they are

064a printable for four consecutive years is that at that school correct okay um and then um for senate bill 7071 when it comes to the um the cte pathway beginning in 2019 2020 next year um does that apply to the rising ninth graders that that access that pathway or is it does it apply to all high school students when they have that um ability to get their regular diploma that's a great question let me check on that and i can get right back to you okay sure thank you that's all thank you next week oh next we have me um so being a little bit well no being brand new to this process here let me ask a question and it might it might be appropriate i don't know on 70 30 the requirement to

065use the fortify florida database hotline whatever and we primarily i think you speak out so will we will we be we'll have two okay is that a discussion at a future time that we discuss whether or not we do you have to use both because i think that if the data is not being captured in one and my understanding is they don't synchronize so direction there or is this the wrong time no no i can actually comment on that what we think we should do initially is just have both of them available because speak out is so commonly known to our community and to our students we think they'll come a time that we can retire speak out and and stick mainly with fortify we just hate to retire it now because people are familiar

066with it so we would make them both available okay okay yeah the only concern i have is that my understanding is those two databases are in no way communicating with each other so in the collection of data and predictability of events it might be challenging so second question regarding uh slide 26 on 7071 and that pertains to the algebra and the two math credits and the requirement that that we must counsel the students that this may not be adequate for college i was very glad to see them include that i was one of those kids when i graduated from high school and a couple years later decided to go to college i didn't have adequate credits yeah that was eye-opening um yeah but the good news for me was that um i did get accepted

067into fsu and not university of florida and i never lived to regret that i was so great great great move on my part not to get accepted anyway a little division never hurts okay so um the real question here is um will we and dr jenkins probably a question for you if we're counseling the children will we also be incorporating counseling the parents and i don't know counseling is the right term informant absolutely and actually we stopped that um option we tried the two-year spreading algebra one over two years and we actually stopped that practice um but if we were counseling parents we counseling students we'd include the parents as well but we i just checked to make sure we cut out that splitting algebra two over two years because we didn't see the results

068we were hoping for from it okay thank you because i vividly remember my mom attending that meeting with me and i would not want to have been the principal she was not a happy camper anyway it all turned out well um the last thing one of the bills that um is is included in here but not mentioned is 7103 and it's one i have a serious concern with that has not made it to the governor's desk yet and hasn't been signed and it's a little complicated but um our ceas the process that we use to collect additional funds from developments that are taking place where we already have overcrowded schools those funds that allow us to meet the capacity needs usually through portables initially and ultimately through advancing our schools a little sooner than we

069would have the result of which um we've got some great numbers you'll be hearing soon and i'm going to steal the thunder we've reduced the number of portables by since we started this process while increasing the student population so it's been working not as well as everybody would like but it's been working problem is 71.03 will require us for any additional extraction they call it any additional money land contribution that we receive from a developer um that we have to give them the equal amount of credit in impact fees so what we do right now is we take the impact fee portion and the credit portion that we don't currently get well when there's a development coming in the school's overcrowded we take the impact fee we add to it the credit we're made whole

070now we have to give them whatever credit we're giving we have to give it back to them so in other words we're just getting the impact fee we're not getting anything additional to that which we're going to discuss at our next planning meeting but creates a huge problem for our capacity enhancement agreement process and if we can't issue capacity enhancement agreements what that means is based on our interlocal agreement we're going to be saying we don't have capacity that's going to have a profound impact on the development community so um challenge for us is it's made it out of the house it's made out of senate it was a bill not moving it kind of hit the runway really fast and got passed and got away from us and so we're trying to stop it

071at the governor's level i think it's going to be heavy lifting but um the other part of it pertains to um the the school sites that we get yeah first time that's ever happened um school sites that we get in horizons west at 22.5 an acre i can explain why but it's a very fair deal to the developers because that land was once burnt out orange grove's worth next to nothing we're not going to have to pay full market value for so it's a concern and i just wanted everybody to be aware while we're having this conversation in case we likely lose that this is going to be complicating um everybody's lives here in central florida did it okay vice chair i did not create this timer i know you did good you did good

072you did a good job but it does hold us accountable yeah you had seconds okay you shouldn't have brought that up because i think jeff and i had a meeting yesterday um that i you know you just can't we we really have to keep on top of this and i really have to thank cody and and um scott and um eileen all of the hard work that you guys do for us based on the board i love it you know going there and doing what we asked have our legislative agenda and getting things done and you brought it back so you brought home a little bacon but we're going to send you back out there because i'm going to be honest with you you really we really got to stop this because um you know

073there was a time we could do this being vested is one thing and i think i shared this with mr jeff hart on yesterday and um jessica lambert you you just can't just because they got it we as a board have got to be strong we just can't let them just come in best at one thing but when you're bringing in everything else and then going to leave us you know which is under capacity and all that over capacity or whatever that's just not going to fly and and and mayor jacobs that starts at the county level because a lot of that stuff that is passed there should not have been passed and you know that and we we've been fighting that a lot because what is passed at the county level it reflects on

074us and then we have to take the bulk of it and then say we're going to take it but we're not going to take it laying down right we're not going to take it anymore we're going to fight back and we're going to ask for things we're going to ask for things if you're coming in they're going to come in and build a little put up their little flowers and houses and then they're going to leave and then we're left either with something good that is going to develop or we're going to be left with slums and what i see going up now if they don't get a hand on it we're going to be in a bad shape from what i see going up but that wasn't my thing and i've given up a

075couple of minutes on that mine is um if i can ask cody if you could go back um just just go back i'll tell you when to stop okay slow up a little bit it's the workforce and i i really forgot after uh mayor uh chair jacobs brought that in now go back down okay i may have to come back on because i had i didn't see a page and i don't have mine up oh the college and career day go back to that it had something to do okay the okay the collagen career they go go down one more and go one more it was the one just before the ending so how many more after that when i couldn't and i hate to take my time to do okay um it was two

076it's not in any district it's a okay i i wanted to ask well let me just generally ask they gave all these mandates in the workforce but i i don't remember um i don't remember if dale had in his budget appropriations for anything in here with the career center and setting it up they're asking us to do all of this listen i work very closely in the library um as librarian with the career person i don't even know if you aware throughout the states they're getting rid of the career teacher i mean the career teachers are the first one that had been cut in several counties so and then they weren't fully compensated and then i'm looking at our career teachers that's going to have to put this program out what kind of compensation has

077been appropriated for these services so that was my question that's a that's also a good question i can do some research on that make sure i get you to very good i will accept that and i thank you so very much because that's very important and i would like madam um superintendent through the chair i would like dr jenkins to check into that too with the appropriations as it relates to our chief financial officer um in his funds and the budget dale thank you so very much thank you um if if it would be okay can i respond um with the board mind if i jump ahead and respond to the concern that um vice chair gordon raised so um vice chair gordon you will remember this vividly um after yeah well after we got

078that charter amendment passed that required that before the county or any cities approved any development that was invested going back to that word that magic word vested had to come here to get approval well the one time that the county tried to approve development was all that massive development down by universal and south of universal you know what i'm talking about marek watson yes exactly you and some are very good but we got it yeah we you and i teamed up on that and that came from me actually um after the board voted um i was on the losing side i brought it back for a motion to reconsider which was not well well liked but um made a heck of a stink which required a week's notice and you and i got together and

079i think we even had a press conference over it we did and um that's where we both joined forces i think that was the first time i really i'm glad you brought that up because not only did we join forces i shared with jeff hart on yesterday and jasmine wait a minute we got 13 to 15 acres free out of that we did okay absolutely and there's meetings out there and i still believe that there will be a school yeah within that vicinity and you remember they tried to give us that i think we got it moved they tried to give us land right next to the water treatment plant they moved no yeah we didn't say no jeff what do you think i said yeah i know what she said she can't say it

080yeah so for those of you who don't know i i know i knew who kat gordon was but this was our this was our fight and it was over that very issue the we did the county was claiming and i was on the board but but the county chair and his attorney were claiming it was fested and it was not vested so you are not yeah absolutely it was a good fight it was a good fight yes if it's not vested invested is is an easy way it's a quick term and i think we need to be on our guard about that um i think and we're going to have a workshop but we're going to talk about absolutely and then they use the horses remember yes they had two horses two lonely horses out

081there and they got an ag exemption i felt so sorry for those horses they claimed there was a whole bunch of other horses that were coming any day now no we never saw him we saw two little lonely horses out there but anyway another yeah but anyway the point being that vested word is a loaded word we always need to be mindful that we the good news is we got a great legal team um that i think is on very much on top of it and woody was probably over there when all that was going down um he might have left us by then but anyway i appreciate you bringing that up because that's a a great concern and when we talk about our capacity enhancement agreements at this next workshop it's going to get

082very interesting if this bill passes because there will be no opportunity for us to take back what we're taking right now and if we are saying no and development's not going forward i think it's it's going to be a mess so we're better off with tools in the tool chest and i think developers are i've always thought they're better off if they can pay and go then be stopped so we may lose that ability and i'm just preaching to nobody but this the team here knows it and i want to echo your words also while i've not started the timer thank you very much for the the work you guys have done up in tallahassee okay there you go yeah it was great um trailer oh yeah oh oh i remember i did that oh

083gosh you're bribing people yeah okay remember gold i am looking forward to the conversation about the ceas as well since this is a pretty important issue especially for the community in the west that has the largest comprehensively planned community that i would envision not getting finished um if things don't continue to go and then there'd be less we wouldn't get all the red lights we need and all the substations we need and all the connections for our roadways and our bike trails and that would be bad um so i i thank you very very much on a lot of the workforce and our cte training six years for that adjunct professor her language six years i am so thrilled it's been worth it just for that to get there and and get a little movement

084so that we can attract the right professionals um to work with us and get some flexibility for them um i i am thrilled with this focus on career i am concerned about more mandates and the hours that we have for kids to really be able to explore passions i hope that we will have the ability to kind of be creative so that we don't just eat up more elective hours for them and figure out a way to meet all of the various mandates we have for the core curriculum and and these things i am totally in favor of of what the content is but i am so disappointed they don't unmandate some some erroneous and and unnecessary things in order to be able to give our students the robust experiences they need to know the

085direction they want to go with their lives so i just wanted to point that out that i am thrilled they're listening i'm thrilled that they've made some direction but there's only so many hours of our only partially funded day as it is excellent point remember gordon i'm sorry remember coburn i'm looking my brain is so i'm going to begin with bringing us back to a full circle moment okay remember before the legislature convened we sat down with our local delegation with eileen and cody and if you look at the list of things that passed that were positive pretty much everything on there were items that we presented to that delegation and i know that cody and eileen's fingerprints are all over this legislation i know specific conversations they had tagging on amendments and getting these

086things passed the adjuncts the alternative credits in math and science the ct path pathways workforce education and really importantly the general knowledge exam the the extension and the cost that is absolutely critical because i don't think the general public is aware that the pass rate on the general knowledge exam is lower than the pass rate on the florida bar exam so that tells me it's not what's going on with our teaching students something's wrong with that exam so they need to fix that but this at least gives our our young teachers some breathing room and our ability to help them get through that so i'm very pleased with that and i just want to publicly acknowledge your specific fingerprints and work that made so much of this happen so thank you for that and then

087just one question on that family empowerment bill that unconstitutional piece of legislation do we know yet i'm sure it will be if there is a challenge to that legislation there's not been one that's been filed yet but we have heard a lot of rumblings that there will be one forthcoming thank you and congratulations you two wonderful next member gallo thank you madam chair um i have a couple of questions um first thank you i want to say thank you both i get the pleasure of running around the halls in tallahassee with them a lot and um they're always so helpful to me when i have individual questions or i'm looking at a bill i'm like what does this mean what do you want me to do how can i help um so from a personal

088perspective i want to say thank you you guys are awesome um the fefp the point 25 that they're allowed to increase every year for the expanded voucher program and i'm gonna call it a voucher because that's what it is i'm not gonna call it the family empowerment act um do we have any idea what that would mean for orange county or for the state as a whole like in numbers wise like how many students would that account for it's point two five percent i guess of all school students correct of all the entitle entire enrollment of public school students in the state of florida so i i don't know what that number is but i can get it for you because it's probably like what i mean it's going to be so that i guess

089my point is is that point even though it's 0.25 we're talking about a huge increase in dollars year to year okay um the other thing is opportunity opportunity zones how many opportunities do we currently have in orange county and how will we be impacted by that because according to this bill these opportunity zones the school board doesn't have any authority or say over if a charter school comes in correct correct so how many of those opportunity zones do we have do we know from getting the information uh we have over 15. um so yeah but we we can get you a little bit more on that we can get you the excel spreadsheet that has that information on there and what schools can possibly affect so just to clarify for those who may be listening

090that may not understand what that means that means in 15 of our areas we could have a b or c schools and because they're in opportunity zones we could have excellent schools in those areas and a charter school could come in plant set up and the school board has no authority or say over it whatsoever is that correct that's correct thank you all right um and then i think a member castro dental asked us about the consecutive years that's for teachers and principals right they have to stay at the same school in order to get that bonus that's correct and then just a few more go ahead um the cte i had a question i love the pathway bills thank you guys for all that you work that you did on that since we are

091creating a different pathway what designation will those students get on their diploma because right now we have three different we have like the scholar the merit and then the traditional um diploma the stickers that that designation so what do we know what designation those cte students would get and what is the possibility of us getting those designations removed because i really don't like them it doesn't it didn't that from my understanding and from eileen's and scott's it didn't have any didn't didn't call for the designation so they wouldn't get any sticker on their diploma i think they'll get any sticker but i can double check so maybe maybe that would be state board of education would have developed that rule okay i was just curious about that um and then the final uh financial literacy

092course that's now required as a as an elective it's required for us to offer it but it's not required for the students to take it correct that's correct that's correct perfect and then um for the charter schools under 70 30 what is the role of the school board like i know that we can't prevent them from getting um or used in the guardian program but that doesn't fall under our authority to approve them using it correct that's under their own governing board and we have no say to that that's correct our responsibility is i'm sorry our responsibility is just to facilitate those conversations okay and that's our only perfect thank you and then um under the data gathering under 70 30 for the student data there's been a lot of other organizations that are unhappy

093they feel like that that is a data privacy issue do you think there'll be a lawsuit filed against 73 not only for the unconstitutionality of requiring teachers to be armed but for the data gathering piece i'll turn this over to mr rodriguez for an answer i mean i i don't know who's going to lead that charge board member gal i mean that's the real question is who's going to step up we've got a target on our back already as it is oh i'm just to be clear yeah i don't want to touch that one um i was just wondering if they knew because i have heard of like southern property law has been discussing it i just didn't know if they had i think the biggest the biggest issue for board members to remember that

094is really the game changer since two years ago even really from from this past november is the complete overhaul of the supreme court so with a supreme court that now has six republican and republican appointed justices not to say that republican justices won't view things differently the reality is it is very unlikely that you will see a lot of legislation be overturned on its constitutionality um it just it seems to me like that would be an unlikely scenario so you're taking a huge legal gamble as it is to spend a lot of time and energy and again put a big target on whoever challenges back now some others will challenge it um i'm sure they will seek that kind of resolution but at least at the state court level it's going to be a difficult

095uphill climb to find things unconstitutional for with this with this current supreme court thank you and if any justices are listening i do think they're fair and impartial thank you for that and then my very last question is about the drills and the age appropriateness of those drills are they going to come out with any guidelines or rules that we want to follow these do these drills are basically whose jurisdiction does that does that will that fall under in the district to make sure that those drills are age appropriate so we have to have a school safety specialist appointed for the district and we have one and we would be getting direction on those drills from the office of safe schools that's another element that they have that they have another responsibility thank you you're

096welcome okay member lopez thank you madam chair um thank you as well for educating us and for keeping us all updated i have few questions not that much so um in the 1730s um it says in slide number eight enhances the duties of the commissioner i would like to know how it's gonna be that enhancement because you know there is and the next one said the commissioner must possibly take compliance identify not compliance and impose or recommend impose that word is kind of scary or recommend sanctions the under law can you explain a little bit more yes um so under this legislation the commissioner's authority has been expanded so that the commissioner has to ensure that we're complying with school safety regulations when the commission reported to the legislature there was um some testimony that

097they gave where they said that there were several districts that were not in compliance with the act and were dragging their feet and all kinds of stuff this is a this is in direct response to that so they they claim that there was no enforcement mechanism for the for the bill that was passed last year um and so this is the response is to put an enforcement mechanism and give that authority to the commissioner so what would happen is if you had a district that was not in compliance with some kind of uh provision in the school safety act the office of safe schools is the the entity that's responsible for overseeing that compliance and then if it's not they're not in compliance they report that information to the commissioner the commissioner then takes that

098information and then the the commissioner will report it to the appropriate folks under the under the bill and then those sanctions would come down from that from there the imposition is because they can make decisions on our behalf so the imposition would be for instance you have uh you may have the uh you know an entity that gets fined and the commissioner would be responsible for making sure to collect that fine for instance they have any type of um saying on the on arming the teachers or not right now no that's the complete decision that's left up to your discretion thank you i have another um what another comment on teacher certification um i i feel um very happy when i heard that um i think that that is going to help us and retain

099good teachers and also in recruitment i remember more than 16 years ago i have that situation that i have to work as a substitute for one year until i pass the test so it was kind of yes because the salary and all that stuff but now that we have that thanks to you and cody um for advocating for this i think this is going to be amazing for our teachers and the 1771 that celebrates academics and workforce achievements i think that we are very ahead on that and i feel so proud of ocps because we always try to celebrate uh our students achievement and project achievements and you know all of our community achievements as well so thank you so much for keeping us updated okay that concludes all comments that we have at this

100point and i think in order to keep us on schedule we probably want to move on i do want to thank again cody obviously scott you do a phenomenal job of oversight but cody and eileen the time you spent in tallahassee it's not place many of us want to spend a whole lot of time um it's hard work and but you've done a phenomenal job and everything that we hear is so positive about your credibility and your integrity and that is i think the most important thing that a lobbyist can have and often not that you're lobbyists but you do the work of a lobbyist on our behalf and that's um something that is often rarely lacking and extremely valuable so thank you okay we're going to move on and dr jenkins i'll turn to

101you for our policies we have several policies to cover madam chair i believe i don't see any members of the public available but i believe our parliamentarian prefers because they're all not generally related that you do pause between each to ask if there are any there's any public input and then board discussion on each so we have the the order here i'm assuming we're going in [Music] edb maintenance and control of materials and equipment ms gilbert followed by alternative school education program so we'll get in queue so we can move quickly and then school board facilities [Music] and you recognize as soon as you're ready we've been working under the assumption and so on oh there it is on you very close yes okay so the edb maintenance and control of materials and equipment has

102been changed because the kitchen equipment now belongs to the food service program so we have the summary of the revisions that have been made to the existing policy to include the content formatting terminology and the other edits the maintenance and control of the materials and equipment it used to be up through reporting up through the principal now the food service manager reports to the food service program so the use of the food service refrigeration equipment is clarified so that refrigeration equipment shall be used only for storage and preservation of food in the following federal programs breakfast lunch snack and supper refrigeration equipment may also be used for school activities endorsed by the principal when approved by the fns school-based assignment assigned manager thank you next the director of the school food service program can authorize

103the removal of equipment from one kitchen to another kitchen throughout the district pause one second yep is that i'm sorry is that the end of that presentation yeah i'm so sorry okay i apologize it was short and i thought maybe you guys were filling in next let's um just make sure that we don't have any members of the public that wish to comment before we take up board discussion doesn't appear that we do any board members have any input all right we'll move on thank you thank you good afternoon members of the board uh john pomerani and dr chris bernier this is ihbh our alternative school education program but as we have talked with many of you this is an entire rewrite of our charter school policy it has been since march of 2010 since

104we have revised this policy and dr bernier and his staff have done a great job administering the program and coming up with procedures that we implement with respect to our charter school application process our charter school approval process the review of charter schools and their operation closure and termination so what we wanted to do is update our policy to encompass things that we are already doing as is so that is a complete rewrite of this policy and i just want to hit some of the highlights that we have here with respect to the updated application language as you know we have to use the model application instrument under florida law that is a requirement that we start off with that draft we also have ocps application requirements these are things like they have to provide

105us i think it's 20 actual copies of the application so we can give them to you all and so we can also farm them out to our departments so they can give us expert review of the various sections curriculum finance facilities that kind of those issues also things that we added in in this section with respect to the review of applications we put in a provision that comes straight out of case law it's a case out of the fourth dc-8 in 2007 that says the school board has the ability by policy to adopt a policy which says for existing operators of charter schools if they come wanting to get open a new location within the district we can require exemplary academic performance and exemplary academic performance is defined as grades no lower than b that

106comes straight out of case law from the fourth dca so we are putting that in policy for you all tonight so we have done that in the past we have utilized past performance as a justification for turning down a school but we wanted to wisconsin in policy and we have the case law basis to do it also with respect to the application review process as you all know the charter school meets with dr bernier's team and then they have a work session with you where you ask them questions what we're doing is adding language that says we want the members of the governing board to be up in this table answering questions because we want to make sure that the governing boards can conduct oversight over the management company we want them to be able

107to manage that management company not have the management company quite frankly manage the governing board so we think subjecting them to your questions would show whether or not they have the oversight capacity as they're required to have by law we are also updating the contract negotiation processes we currently didn't have one but in the applica in the contract negotiation process we are say we were putting in a rule that says you have 30 days i think i'm i may be reversing this you have 30 days to give the school a proposed contract when you approve the application and then another 40 days to negotiate we're putting in the policy that if they blow past that 70-day period where we don't enter into a contract that the approval of the application that you all have given

108will automatically be rescinded because they have not entered into a contract in a timely fashion as required by florida law now with respect to the renewal process we are putting in provisions that says what they are already doing we're going to look at the success of the current academic program we're going to see in the charter contract they list their goals and objectives we're going to see if they've actually met their goals and objectives and we're going to look at the viability of the not-for-profit entity that's operating the charter school so the governing board creates a not-for-profit entity we're going to make sure that's financially viable it's not not paying its bills i'm sorry for the double negative but it's past six o'clock and english is failing me we're going to make sure they're paying

109their bills they they're not they don't know vendors anything and we're going to ensure that when we renew them that they are financially meeting the mark with respect to the amendment process we didn't actually have an amendment process within the policy what we've said is we're going to when considering amendments we're going to ensure that the charter school can demonstrate to success again in the current academic program that they are whether they're meeting the goals and objectives in the charter contract itself and once again whether the entity the not-for-profit entities entity is viable if those things aren't being met we're not going to allow a charter school to amend the contract we're going to say you need to fix your current existing program before we can entertain any amendments also in their in that in

110the charter amendment process we are also talking about things that with respect to education program changes so say a school comes to us and say we want to change our curriculum we want to change the grade levels what we've required in the past is that they submit a revised application to go through the approval process with you all we're just formalizing that in policy if they want to change the especially grade levels that is something you all should be able to consider whether or not the the curriculum is there to allow a great change and that whether or not they have an ability to teach that think you know you have a k through five and now they want to expand this grade six through eight we want to make sure that they have the

111capacity to teach middle schoolers because teaching middle school is different than teaching elementary school so that's in the policy as well with respect to uh relocation if the school wants to relocate our policy says look we're going to you're gonna have to prove to us that you have considered the financial implications you've considered the feasibility and that student access issues have been addressed so for example if you're proposing to move all the way across town and your student body is not going to be able to uproot itself and go all the way across town to go to the new location that might be something we would consider when deciding whether or not to allow an amendment so they're going to have to address all those issues if they're changing location all right charter termination non-renewal

112process obviously when we have there are state law provisions that deal with termination and non-renewal of charter schools there's certain amount of notice we have to give i believe it's 90 days under the statute if we're deciding to non-renew a school but there are certain things that we are want to have administratively so we can do things like secure publicly financed fixtures furniture property so what we're requiring if we're not renewing or terminating them they have to provide access to their administrative operational and financial records to school choice upon notification of us to us that they are going to close or terminate we're also going to require that charter schools notify the appropriate school board staff which will again be school choice so they can so school choice can make sure that we are able

113to secure unencumbered public funds furniture fixtures and equipment purchased with public money because under the statute those things purchased with public money are supposed to revert back to the school district upon the closure or non-renewal of a charter school dr bernier and his staff all already go out there and they tag equipment that has been purchased with public money so we know where that stuff is in those buildings but we are formalizing in policy that yes they have to let us know so we can go recoup those publicly financed you know equipment furniture so upon closure or non-renewal dispute resolution language our current policy says didn't have dispute resolution program a dispute resolution language the policy will now say hey if you have a dispute with your parent or your student you have to set

114up a process by which you resolve that dispute internally with your school staff not bringing it to us if you have a dispute with an employee you have to set up a dispute resolution process not including us if you have a problem with a vendor you set you solve the problem with the vendor but don't include us you have to have that dispute resolution process and i believe that it's addressed in the charter contracts that they have to have dispute resolution processes in place but we wanted to ensure that that is in the charter contract or that's in our policy as well with respect to monitoring charter schools for statutory compliance we have a whole host of sections that we are adding to the policy and i just want to touch on some of those

115very briefly management company contracts we are going to require that charter schools bring their management company contracts or amendments there too to us for review that doesn't mean we can turn them down necessarily but we can look at them and say hey there is some provisions in here that are problematic in our experience we've seen other charter entities get into problems with those you might want to think about changing this this uh provision of the contract from x to y one place where we are going to insist on an inclusion in atta in a management company contract is we're going to ask them to include a provision that allows them to terminate a management company contract with 30 days notice without cause because what we don't want to have happen is a charter school gets

116bound and some of you have seen some of these charter contracts where the contract with the management company is so onerous on the termination provisions that it almost usurps the charter schools ability to get out of that contract provisions like hey if you terminate us it can only be for cause and if it's not for cause we will accelerate everything do and owing under the remainder of the contract to be payable immediately upon the termination well a charter school governing board may say that's a a lot of money that we don't have to pay that so if they don't have a provision in their contract that says we can get out without cause in 30 days they could be stuck at the mercy of their management company so we want to have a provision in

117our standard in their contracts to say 30 days no cause we can get out of a management contract so that's part of the policy there um the charter school code of conduct you see up there most schools in fact all of our charter schools utilize our code of conduct because it's easier not to recreate the wheel they have access to our administrators for disciplinary team meetings they have access to our hearing officers for due process hearings on their code of conduct we say will allow you to create your own but it will require our approval we don't anticipate that we're going to see many schools attempt to do that but if they do it allows them by policy to adopt their own cut of conduct upon our approval um we also put in a provision

118some of you are familiar with the st the parent contracts that many of these schools have where you know the parents of the students have to and you know do various things include volunteer hours or anything like that in the past we have seen schools say if a parent doesn't comply with the volunteer hours we are going to remove the students of continuing ability to go to the school we have had those instances in the past we have very gently and politely talked with those charter entities and we said you really don't have the authority to do that and they say oh you're right we're going to allow the student to continue to do that but we're putting this in our policy just so everybody can be clear that we're not going to allow students

119to be removed from a charter school because mom and dad didn't volunteer for 20 hours we don't think that's equitable and quite frankly we don't think the law would would allow it we're adding a section that allows you as school board members the superintendent and dr bernier and his staff to go on a charter school campus at will whenever they want not hey you can come back in a week from now we're going to make clear that we are going to have access to those campuses whenever we see fit it's part of our role as the sponsor to conduct oversight so we want to make sure that you guys have access to those campuses we are adding provisions that what we already do if a school falls below a c grade we require a school

120improvement plan we have formalized that in policy that they are going to have to be required to submit a school improvement plan financial oversight we are going to require by policy that they submit their tax return documents including irs form 990 that these not-for-profits file with the irs we're going to ask for those yearly we're going to ask for them to submit to submit audited and unaudited financial statements um we're putting in a provision we already do this but this says the school board has the right to review and audit those financial records dr bernier and his staff has done that before and we are also putting in a provision that if a school hits a financial emergency you know that provision that says if not three percent uh if you don't have three percent

121of your uh budget in reserves that you could be in a financial emergency where the state has to come in and oversee or take you over depending on how severe the financial emergency is if they go into financial emergency they're going to have to provide that information to us and they're going to have to provide their remediation plan to us so we can be sure that they have a plan to get out of a financial emergency we have had charter schools get into financial situations in the past those have been those charter schools have been sent letters that say if you don't remedy this we could institute 90-day closure procedures and those charter schools seem to get that financial house in order when we send that letter saying closure proceedings could be coming but we

122wanted to formalize our ability to make sure that we have the ability to do that and then finally um there is a provision for immediate termination under florida law when health safety and welfare violations are going on this policy would give the superintendent the authority when she or he she sees that there is a health safety welfare violations out of school to go in and immediately decide that the school needs to be closed for health safety welfare violations under the policy you all as the school board would then vote at a subs at the next meeting whether or not to a firm or reject her closure and if you guys affirm the closure under state law we have to continue to operate the school during the pendency of any appeals obviously the first order of

123business if we have health safety welfare violations we would go in there and remedy that and then continue to operate the school but this just codifies the immediate closure provisions so that is in a nutshell the changes to the charter school policy we stand ready to answer any questions the board may have excellent presentation remember gold uh thank you i think um many of those changes really will help to make it very clear the expectations of the school board on behalf of the taxpayers but i think it also helps the the charter schools to really understand their fiduciary responsibility a little bit more something that i would like to investigate this may not be for tonight but in a follow-up discussion all of the charter schools i think that are operating the schools are not

124for profits and the best practices for not for profits and and schools some of our schools like ucp already do this file an annual update with the central florida foundation so it gives another place where as a not-for-profit um organizations can and and community can go and look and see what the school about it it talks about what the mission is what they do how well they're doing it's like a little mini report scorecard almost like a mini annual report that the community could see that would be something i'd like us to look into to see if that may be a best practice we could ask them to adopt and especially for new boards that are formulating that may know a lot about education and not so much about not-for-profit it's a great resource as

125well for them thank you member gould next we have member caster dental thank you madam chair and i have to agree that um the information you provided and the updates are are very thorough i appreciate that the work you've put into that um i think uh we benefit from the board having learned from experience and some of these policies that you've updated um and i agree with member ghoul that this will help to benefit the taxpayers to make sure that we're providing the most rigorous oversight that is allowed by statute and i appreciate uh the the language that uh informs parents and vendors and students and employees of the the dispute resolution process because just be the time that i've been on the board i mean i'm aware of of parents and other people who

126have come to us saying there's a problem we need you to solve it and we've had to say that's not our purview and we've had to direct them back so i think stating that information up front is helpful as well um and uh informing the parents also of their rights as to the so-called mandatory volunteer hours is is important informed choice is always better than just any choice so i think it's important that these our policies help to inform parents and their choices and i think it's also helps the public understand that we are not singling out charter schools we are just trying to apply the same fair oversight that we are allowed and just like we can any board member can go unannounced to any of our traditional public schools it's only fair that

127we have that same access as well to go in to a charter school so thank you for bringing those clarifications and updating that language i appreciate it thank you next vice chair gordon yes uh thank you madam chair i i really thank you for the thaw report but most of all i thank you for um meeting with each of us and going over these and allowing us to you know give a little input uh into it but both of you have done a remarkable job all three of you and working with the um working with this charter school i think it will do an awful lot for the board give us credibility but yet not give us authority we must remain we don't want to manage them they have their own school board we only

128want to make sure since we are the keeper and the guardian to see if they are following state laws we're the only one i i've often said i really wish of course then dr bernier would go away someplace dr jenkins would have to place it but i would hope that the state would take this over and i want to see that they will not do as well the reason why most of these charters are doing extremely well is because of the vision of our superintendent and seeing to it that we have an oversight team that work directly with them they get to come to our events they get to be trained with our staff we would offer way more we are there when they need us when we hear in the majority of our schools

129and i've been through those closing of those charter schools the majority of them because we hear from the public the public john q probably tells us first and then we come and we tell dr bernie and then he tells dr jenkins and we begin to look into it and we thank god for the students because they're our biggest advocates so there should be something in there you know that students should be free and parents should be free to share with the school board because look at one charter we had to come in here and they knew they were doing bad but for convenience those parents wanted to keep that charter i'm really happy to know that we will be able to secure the materials and supplies back from the taxpayers because that has been extremely

130important but i i am at the point where the talent that we have working on this that talent dr jacobs could be your lives and helping us with all the wonderful programs that you have created with your team and the state needs to take charge of that because when it all boils down we do not say if they stay ago even once we showed where they have violated there's that little god committee up in tallahassee that makes the decision to tell us regardless what we show them that they can state so i do believe we have to go back uh i'm sorry that cody and um scott and um eileen left because they really need to work on that we need a little bit more power there because they have the authority to go against

131us and they have in the past on some things and they allow these schools that are not doing well to thrive and just go on and move on and then the parents come in here you know begging us not to close the school even though we don't have that power are to close them but i do would like to uh miss madam chair um to if we could test the superintendent to find out um how we can get a little bit more gap on it with all these policies to let the state see and that these proposals that you're making to us today that these proposals be sent to the state chart a committee and ask them to consider these thank you madam chair thank you thank you thank you um so following up on

132that i'm i'm assuming that you have put in everything that you think that you can legally put into these policies okay so um a couple of things that uh for instance the um adding in the exemplary performance for new applications i wasn't aware that that's something you're already doing but question for you can we use that for renewals and amendments as well or can we only use that for new applications we can attempt to utilize it for all of it the case that i was referencing it's called in hotep versus department of education it was out of palm beach county that case arose solely in the uh context of consideration of an application it did not arise in the in the case of non-renewals or closing of charters but it's still the same type of

133analysis that would go into it are they meeting their academic goals like if we have a school that is falling well short of the stated academic goals in the charter that would be just or that would be good cause sorry let me try that again that would be good cause under the statute to close them for failing to meet the academic goals and standards in the charter school so the same principle applies but it's sort of a different way of getting there so it would seem from a legal standpoint that including that in amendments would be an easier hurdle to get to than renewals because they're actually asking for a change which is closer to new than a renewal would that does that make sense i i can't speak to the case law but to

134your question we're already taking some of the information that's utilized within that case law and bringing it to both processes because what we don't want to bring before you is an organization that has not met renewal standards and i've shared with some of you not all remember we have a pretty rigorous renewal process it's a lot like a sax accreditation it's a multiple visit visiting with parents separate of the governing board students separate of the governing board using high performing charter operators to help us who have also been very instrumental in recommending to us this charter school should not be renewed and it's really fabulous when you start to get their community to police themselves so we are applying that that very high rigorous standard in that i think the place where we have to

135look at it even more and we'll certainly take that point back is with amendments i think in amendments when some people just want to move you know across the street it doesn't seem like that big of a deal but it is another opportunity for us to review everything about them in order before we say we'll bring a recommendation forward from the superintendent okay so um and because that language just jumped at me at that exemplary language kind of jumped off the page at me i didn't see that same thing in the renewal process and maybe it's there i'm just going back and look just take a look at that and see if there's anything that we need to do to enhance that language to make it consistent with what you're doing and like i said

136it might be there and it just might have been said a little more subtly and so it didn't occur to me but of course i don't want us to do anything that we end up in a lawsuit over that's just not worth it we i i purposely limited the usage of the word exemplary to the one context in which the court you knew it was so defensible thank you i appreciate that i appreciate that attention to that all right the second thing um you i i was also happy um with the provision in i think it's um under the uh when they're shutting down it's under section 12 b roman numeral five about the furniture equipment that um the vice chair just referenced one question i had was enforceability so i can see how we

137can enforce other things but since they're closing how what's the what's what is the enforcement on that practicality of that has gotten better and better with everyone um there was an incident a long time ago within orange county where a charter school was being closed down prior to my involvement with them and there was a robbery over the weekend once we know we're moving on once we know we're moving on a closure of a school building we alert our site security even long before we had our own police department they then watch the building they have no right to be on the property because it's private property local law enforcement whether it be a small municipality or something as large as the orange county sheriff's office has made aware and that building is watched if

138someone starts to make movement there we have the ability and we've had no trouble in my tenure securing all of the public materials back to this district and getting into our surplus i am so proud to hear that i am so proud to hear that um i have flashbacks to samford burnham unfortunately and so i figure if that can happen at samford burnham it can happen at one of our charter schools so um next and last question one of the things that we tried to to get through and we were optimistic i don't think we made it through the legislature but we were trying to get what i would call a parent's bill of rights um or informed choice um provision in there that would inform parents that would require that charter schools produce something

139a manual if you will that says to to new considering parents if there are the percentage of teachers that are certified um some financial and academic information up front and most importantly um i think i think to me anyway was the idea that if there are expectations uniforms dress codes that um parents need to be aware of beforehand that might render their their kids um not comfortable in that environment that this the parents should be informed whether or not they offer esl classes yes ell classes what services do they provide so that parents with special needs don't inadvertently stumble into an environment where they think their children are going to be adequately prepared for we tried to get all those things in it wouldn't be a requirement that they have things that would just be

140a requirement that parents were informed when they made that decision is that something if it's not in statute which i don't think it made is it something we can put in policy there are various facets that you know for example financial reporting stuff they have to post their audited financials on their website by state law they have a parental involvement liaison especially for the big bigger larger operators where people parents or potential parents can go and talk to those folks and say you know hey what is this going to mean for for my child enrollment what are the requirements so there's some of that that's already existing um with respect to whether or not we could do something similar to that i would have to take a look at the law quite frankly because you

141know there are the provisions that say we can't limit the intended flexibility that's provided to charters under the state law so i would have to look at that statutory language to give you a definitive answer on that but some of that stuff is already ensconced in certain provisions of the law where they are getting some information and i think when you all get questions from parents about what's going on at that charter school i think one of the things you should tell them is there is a parental involvement liaison at many campuses see if your campus has it so that would be their point of contact for them to go talk with with that parental liaison if not obviously you can refer them to the governing board but dr bernier if you want to add

142anything you can also refer them to school choice which are all excellent at doing um and i mean that sincerely i mean it sounds like i'm complaining about the phone call or the email that's what we're there for we're there to sit and explain and explain to a parent they have joined an independent public school building but to the point the chairman is making on our website um and it probably needs some revisement about based on some of the things you told me so i'll go back and take a look at it we started working a number of years ago on informed choice the and i always use the adage when a parent calls me and said what do you mean by that you should go visit a school you should see whether you can

143have access to be toured can you pop into a classroom not without somebody walking with you because there's jessica lungsford and some other rules do you have access to the principal are they willing to meet with you what about transportation what about a school resource officer there were a number of questions and i i hate to say it personally but i mirrored it against when my daughter was choosing colleges she wasn't going anywhere that i didn't get a chance to see i mean and there was going to be a feeling about it now she still had her choice when it came down to it but i wanted to also be comfortable as her dad and a parent whether they're choosing kindergarten fifth grade eighth grade or high school or collegiate opportunity they really need to

144be comfortable with where their child is going we've been encouraging that and we're getting more and more and more feedback related to it finally the last thing i would add is under public records request i'm sure our attorney would say that i have no trouble making a request of our charters to see what their parent handbooks look like thank you and that was coming my last question was the issue of sunshine and producing public records so when we have a charter school that won't produce public records we have the ability to demand those records and perhaps an avenue here would be for us to enhance our own website dealing with all of our specific charter schools we can talk about that it wouldn't require a policy change that would be an administrative um component that

145we could look at to your note chair um i was informed earlier this after late this afternoon that the link to all of our charter schools has been taken down we've already restored a minimal level of service back to that and my webmaster and my department is already putting it back she was sharing with dr williams that information has always been on our website but there was some snafu in our link that led to the charter's individual sites we were unaware but it's already been rectified and will be continue to be rectified by tomorrow morning thank you and obviously um the issue that we recently learned about with orlando science charter and the fact that they had not reported a very serious allegation while they were coming through the process of applying for a new

146application i am assuming and this has come up since this policy has been rewritten if there's any amendments that we can or should make as a result of whatever you come across you'll take that into consideration and and bring that forward thank you yes just speak to that because i'm not sure you had sent a memo at our office yesterday and this is the first time the board has met in public so uh there was a report recently about an employee that had been had resigned at orlando at one of our charter schools i'll say and that individual resigned in march the allegation had taken place i think earlier in the month but they were one of the ones that just recently was before this board for approval of a new school so during that

147entire period of time nothing was shared with us or reported us about the allegations regarding that employee as it turned out you all approved it after a a one board meeting delay i think it was and um so we're now looking for answers because the reality is obviously they may have delayed that information but more importantly when an allegation is serious is the one that was brought up and then the individual was later charged criminally that should have been reported to dcf immediately i'm not aware of whether they are or not the news media seems to think that they weren't we're going to get to the bottom of it i did get the chairs memo and i've got a draft letter sitting on my computer right now as i'm reviewing to get that to the

148charter school to demand any records as well as their policies and procedures with regards to reporting if they fail to comply then we will have to explore that as a board and figure out what you all want to do with that but it is a concern obviously and it's made the news media yesterday uh because they're they've become aware of it as well channel 9 was the first reporting on it so there's any questions on that please see me afterwards it doesn't impact this policy directly i'm sure you can write that into the policy but reporting is a is a state requirement to dcf so we don't need to add that to the list of things they need to comply with just very briefly to that in the standard charter contract of course compliance with

149law is something that they are required to do so any statutory provision of florida law that is directly applicable to the public records is certainly directly applicable made applicable by statute and then you know with respect to reporting child abuse anybody that works in a public school setting whether it's charter or public is required to report suspected child abuse neglect or endangerment by statute so they have to comply with those statutory provisions i yes obviously we shouldn't have to rewrite the statute my only thought well my thought is rather vague that there may be things that we learn as a result of this in a quick period of time that could change that including what we expect for renewal in terms of reporting to us so that we're not having to rely on the media

150to discover that something went unreported to dcf allegedly so anyway i'm looking forward to to you know your expertise on this if there's anything else that that brings to light and then we have vice chair gordon and that may close us out all righty thank you madam chair i would like to see and i would like to ask madam chair and to my fellow board members along with dr jenkins and definitely the legal department um as dr bernie has spoke you know i'm not comfortable with uh because we have no jurisdiction our authority is what we see and hear we report it directly to the superintendent the general counsel and there are times we call and you have to write things down on your hand he knows what i'm talking about a thousand things at

151that time but those were the process and i think that that keeps us safe but for me to tell a parent you have a legal um parent you know advisor how about we add a clause in there this proposal that our legal department since we are over and the school choice department do a presentation to their governing board because this is something we never see we never get to see the parents on the governing board we never see the parent all we see is one or two one on that and one on that end and maybe one in the middle the managing companies and they come from out of state it used to be a clause that we really went strong on in some kind of way that clause got pulled they had to bring

152in they couldn't even put together a charter school without legal but madam chair and um board members and superintendent i would like for us legally we don't need to be telling them to go look because what if it didn't happen they're going to come back and say well you're overseeing this why didn't you do something about it but i think general counsel the general counsel along with his legal team and now mr bernie and the superintendent uh madam chair and board members could get together and bring another clause back in that require that you let them know because we never have notified look at all the schools that in my district look what happened to them i mean you know it was just sad and the parents and the students were the ones hurting so

153you've got to have a legal clause in there that you could give a a one-time workshop or when they apply that governing board has to come in they don't have to come before us they can come before school choice and then you give a legal seminar on the parents right because we can at least do that for them because it's not being done we cannot verbally go and tell them to go look for that parent lives on that is so wrong we have nothing to do with their business as far as how they govern in in that aspect because we don't know who it is unless we're going to hand them the name you know what the person on it and i think that's out of place but if we train the trains on their

154team it is there we can do a memorandum of understanding that this information must be passed on to the parents within that school that clears us to show that we told them to and then every parents have a right to know just like we're giving our parents a right to know that they got to sign that code of student conduct some kind of way all right that should be brought so if i'm asking dr jenkins through the chair and the board members if this is something feasible that you think we could do and add it to this clause before we close out this piece today and that's general counsel also i'm i'm not sure we can require them i think it's good government no i'm not saying add today but i'm saying we're not requiring

155it it is a courtesy yeah i think we could offer a transfer that's a good idea and that's what i'm talking about mr palmarini is the expert and i know he has charter schools and i think the months of july and june he's off on fridays so no i would not do that to him he'll get it done i would join him in training we would we will we'll figure out a way rid of this to our charter school companies and to inform those parents that do not know because that's where the problem is they have no major communication with their major board uh you're on i don't want to say major board but you know what i'm talking about that parent communication it does not appear before this board as our apparent communication appears

156before this board so ms corey it should be the same because they are public schools governed by the constitution of the state of florida one other comment on that just to piggyback on that idea i think it is a good idea to suggest that to him because in the example we just gave if it turns out that board did not report or the principal did not report and the board was notified those board members are subject to liability and whether they know it or not they will be perhaps personally liable whether it's civil or criminal for their failure to report so i think there are probably some components of charter school law that mr palmerini and i can look at to see that would make sense we can offer it again i don't think we

157can legally require we can offer and then see what the participation rate is and it may be something that's offered periodically by our office as a service uh there's certainly ethics and other things that could be included so we'll see how we we provide that service all right well i i thank my board members um for they want to chime in on that or whatever i think the chair definitely missed uh super ninja jenkins because she was over there nodding her head and um to the general counsel and to the general counsel staff sitting there and the man who runs the choice program i rest my case thank you thank you vice chair and let me just double check and make sure that we still have no one in the room at this point that

158wishes to speak to this issue and we're going to move on then to our next policy policy kf public use of school board facilities dr jenkins absolutely i think laura kelly is up next i want to get everyone in queue we have four more policies and then the code of conduct let me let me also let me also mention yeah i thought you might want to know therefore and then the code and they move some of those refreshments to the back room in case you need to take a break as well all right miss kelly good evening i'm actually here to present two different policies today the first one is policy kf this policy is for the public's use of our school board facilities where we see this is our short-term use agreements that you

159see on a scheduled basis i think something like the little league coming in to use the fields or a church or a dance recital using our auditorium so what we're doing today is we're revising the policy in response to an audit findings that we we actually received a couple years ago but what we're doing also is revising some of the statutory language just to make it consistent with what's in florida statute now so the first revision that you're going to see in the policy is regarding the designation of authority previously it was the authority was designated to the principals and the building administrator to approve these facility use agreements we don't have anyone who's even designating as a building administrator anymore so it just wasn't relevant so what we ended up doing is we took

160that authority and we said it could be designated to your principal your chief facilities officer and their designees we were seeing what was happening at the school was a lot of times the principal may be delegating it to their assistant principal or someone else on their staff so we wanted to make sure that they had that flexibility so these facility use agreements were getting approved in a timely manner so so the second area that we're revising is the um the risk management requirements and this was in response to a request from a risk management department the current requirements that were in the policy were actually outdated so what they wanted us to do is go ahead and just say you know just refer to risk management for what the updated requirements are it was just

161a simple change in that language the sorry the third revision was to allow our cabinet members to reduce and waive fees in practice what we saw in our audit was that fees were being waived a lot of times they were being weighed for non-profits or you know the insurance requirement may be waived for like you know two people or something that we're congregating in the parking lot for you know getting ready for a parade or something like that um so what we ended up doing is we allowed that to be recognized in our policy because before it wasn't so audit said well you know this is being allowed but it's not actually allowed so we were just memorializing that in our policy and we delegated it to our cabinet members so that we ensure that

162there was consistency across the board and then the the last area that we're revising in this policy was the inclusion of the cancellation of events and collections what we saw is that some of our organizations they're supposed to pay in advance but what would happen is the organization would show up and whoever was there whoever was a site supervisor would let them in well then we had to go back and try to collect those fees for them so we ended up actually getting some some entities that ended up being in arrears a pretty significant amount and there was an article about it in the newspaper at one point so we wanted to make sure that we had the authority to send them to collections but also to cancel events so if this was an organization

163that used our services on a monthly basis and they were two months behind we had to have the ability to go ahead and cancel those events so that's what we were just including in that policy and those are all the revisions for policy chaos so that one was a quick one okay real quick any members of the public wish to address the board all right see none any members of the board wish to address the board all right keep moving okay good job laura keep going fast for you okay so the next policy that we're talking about revising is policy fea this is the one that sets forth the framework for our prototype reuse and our phase three approvals so we're bringing these revisions to the board today it was really in response to what

164we heard at the facilities workshop a couple months ago so we wanted to make sure that everything was actually being memorialized in our policy we took what you said we did tweak some of the language so i just want to kind of give you an advance warning there the first area that we're revising in this policy is about that selection of the architects and the prototypes so what we did is we ended up creating a framework where the prototype design is required if we have two school levels two or more school levels in a five-year time period so that's consistent with what the florida statute says so if we had two high schools we have to use prototype design your first one's an initial your second one is a reuse the whole intent behind that

165is so that you're achieving that cost savings on that second school that's in that five year period so we just wanted to make sure that we're being consistent with there and we just like i said we just memorialized the um statutory language in the policy so what we ended up adding here is we said once that requirement once that five year requirement is triggered the district has one of two methods to use for a prototype so the first method is what we use now it's where we go out and we solicit for architects and so we say okay we're gonna we're soliciting for architects for an elementary school and so we go through the solicitation process and then three architects are chosen they're not assigned to school at this point that comes later and so

166that's how the policy will continue to work so what happens is those three architects are chosen for elementary middle k-8s and then for high school we put two for the high schools in there in this policy so what then happens is this is kind of the added input from the school board is you know there was a concern about transparency about the committee so what we said is once we have that initial school we have that elementary school that's coming in that five-year period that first one and that second one what we're going to do is we're going to go ahead and we're establishing a committee this committee will be subject to the sunshine law so they're going to have to advertise their meetings they'll have to require they'll have to keep minutes and so

167what will happen is they're going to go ahead and prepare a report and a recommendation that will go to the school board and so you guys will have the final say on the actual selection of that architect and so what we ended up doing is we created two separate categories for this first is the selection of the initial use when that committee's going and looking at the different architects you don't necessarily have a specific prototype this is your first time you're using it so you don't have the layouts you don't know how it's going to fit on the site so you you're very have very limited information you just have here's my three names so in that you're going to get a kind of a scaled down report you're really going to look at the

168volume of work on this one to make sure you know that that's suitable for them to be able to take on this additional school site so then the second time you come in when you're coming in for a reuse the committee will look at the additional factors they'll take a look at you know the suitability for of this site for that or the suitability of each of the the prototypes for that site um in the look at environmental factors anything like that your access points so it'll be a much more detailed report because they'll have the building and they're going to be able to tell you whether or not this building can fit on that site so you'll see that it'll come to the board for approval the um so one thing that i'm sorry

169about that so the selection process will occur five years before the school scheduled so if you have a school if you have your you know like i said your elementary schools it'll occur five years before that if you have a high school i think right now we have a high school in our cip for 2026 or something like if you have that it would have the selection would have to occur by 2021 and the whole purpose of the selection occurring in advance like that is so that it doesn't mess up your design schedule you can just once you have the selected then you can go through your committee review process and you can go through your design now the second method it's still subject to to some of the same transparency issues so what we

170ended up doing is we created a ocps prototype so the state currently has prototypes that we could essentially go and use right off the shelf but what we're talking about doing is creating a prototype that is specific to ocps you're not going to necessarily see it in every other district that what we're going to do is take the lessons learned from our district and say okay well what works for us and so it'll go through the ccna process and we'll select an architect who will then design an elementary school prototype for us it'll probably be a nine month process to be able to do that and they'll take that through three phases of design what's called program verification schematic design and developmental design that's as far as it'll go and then we'll essentially have it

171on the shelf for us to be able to use later it's not site specific at this point so then when we want to actually go and use it if we want to use that specific design for an elementary school we now say this is our design criteria this is what you use this goes back out to the ccna process so it's a solicitation for an architect who will come in and essentially finish out the design they'll go ahead and take this this building this layout and they'll put it on our site they'll tell us where the access point should be they'll tell us where all the amenities should be but again it's using the floor plans and everything that our team our internal team our stakeholders have bought into so that's the second process that

172we're looking at so then the second area that we're talking about um so for these prototypes what we want is you know you have these two methods and we're going out for the solicitations for it um right now we don't have any deadlines right now we have one of the concerns that we heard was about the high schools about when that was solicited when um when our high school prototype was adopted so it was in 2007 so we initially had heard about maybe a five-year review or a 10-year review so what we ended up doing is we putting a 10-year review in this the reason being for that actually ties to kind of our middle schools if you take a look at our middle schools our middle schools were our middle schools and our k-8s

173the prototypes for those were actually selected in 2014. however we are just now seeing those prototypes coming and opening up we saw some that opened in 2017 and we see another one which is one of the first reuse opening up this year so you're seeing it takes you a longer design process when you have an initial and then a reuse and we want to make sure that we're capturing the cost savings associated with that reuse so that's why we were recommending a 10-year review and so what it allows you to do is it says you have a 10-year review process doesn't mean we're automatically going to solicit but we're going to take it back to the board and we're going to say what do you guys think if we've only had three middle schools in

17410 years does it make sense for us to go ahead and solicit for new services if we haven't even reused every prototype yet and so that's really an analysis for the board to do once we go through that 10 years and that 10-year solicitation so we want to make sure that we're really achieving all the benefits of the the prototype reuse program so then the second area that or the the next area that we're revising in that policy um has to do with the um facilities condition assessment database the policy previously just said well you have to make sure you're assessing these certain components well we have something better now we have the facilities condition assessment database this is a living tool that tells us how our schools are actually functioning periodically i think it's

175about every five years we conduct the facilities condition assessment and we're just undergoing it right now it's about completed and so they take all this information about the light the useful life of the building systems and components and they entered into this database then maintenance can kind of track it and if they know the chillers at a school are always going out always going out they can identify it and connect that information with the database so we just wanted to make sure that that policy is referring back to this real-time database that really provides much better information for us and then finally we're recommending that the language for phase 3 approvals we're recommending the delegation of that authority the facer approvals currently come to the board for approval we're recommending that authority be delegated to

176our building code compliance office and our fire health and safety as a school board's authorized review agent so under florida statutes sections 10 13 37 you guys as the reviewing agent as the one who was technically approving these right now you're supposed to be weighing 17 criteria so you're supposed to be looking at these plans and saying well is it code compliant does it comply with the fire code does it comply with the building code and that's not necessarily something we would expect the board members to be able to do that's why we have our experts that's why we have the building code and compliance officer and fire health and safety so what we want to make sure is we're making sure we're using the delegation of authority consistent with the statutes and so we're

177going to have gonna going to delegate the authority to bcco and fire health and safety they can still subsequently if you guys want take this information back to the board as an informational item if you did want to see it but i just want to make sure that it kind of relieves you guys of liability from having to look for all those 17 criteria so then we did something a little new in this policy is we added an effective date so the reason for doing this was that we wanted to ensure that the prototypes the solicitation process um applied to those schools that were opening in august 2022 or later so that wouldn't apply to any of our high schools are slated to open in 2021 and it wouldn't apply to any other schools that

178may be moved forward with our budget review process and our capital improvement plan the problem with if we were to go ahead and do a solicitation now say that we moved an elementary school forward to which i know is something our advanced planning committee is taking a look at if we were to go ahead and move it forward right now our program couldn't physically design it couldn't solicit for new services and then undergo the full design process because for an elementary school for example this process is going to add about nine months three months for the solicitation and then an additional six months on the initial design of a new prototype so we want to make sure that none of the potential 2021 openings are affected affected by this so we're saying it would be

179effective for august 2022 or later and again i also wanted to say it wasn't effective for anything that was adopted 10 less than 10 years prior to august 2022. so if you had a middle school if you had a k-8 something that you know again we're just starting to realize the reuse of those prototypes we wanted to make sure that it didn't necessarily apply to those you know we still have some k-8s that um we have one of our arcades that we have one use on right now and we've never reused it well we're kind of got our lessons learned we're working out the kinks on it so now is the perfect time to be able to reuse that um so we want to make sure that we're seeing not only the savings and the

180amount of time but also the savings and the cost savings and really realizing those lessons learned so that's why we were recommending the august 2022 date but then also the the 10 years um for anything that had just been previously adopted and really it's really those k the 2k eights the suburban and the urban and then the middle school prototype and so that is it oh that's it that was awesome great job now that was really good um uh vice chair gordon i was making a note of one thing i wanted to follow up and multitasking if anybody didn't learn anything else this morning multitasking doesn't work i'm proof vice chair okay thank you gosh i had so many questions but um okay more than okay i i have a problem with um just the

181prototype itself because um i know with state laws and everything but i'm trying okay i do know we have uh a policy um i don't know i'm getting it all mixed up here and i don't want to be mixed up because one thing i resent is an architect making millions of the taxpayers walking in our meetings with their little suit and tie their high pollutant words and vocabulary showing me martin luther king and barack obama and all those people who did nothing for orange county i'm sorry okay martin put us in jail but thank god we have the decent order because of that so that is something but i go deeper i go deep i'm going deep i do not like them coming in with their one little prototype plan that's not i learned from

182daryl flynn daryl couldn't understand why the schools in district 5 were so laid out and yet we did prototype but it didn't look like the prototype it is because we sent their behinds back and our community i don't like this which i i just don't like it uh right now the way it is just so structured um it just you're not giving the people an opportunity to build their schools it is their money um if they come in with a prototype orange county cannot have one prototype uh even i i'm going to take melissa's for example in melissa's area they built a school there it was just beautiful they brought a school for us our people did not like it they did not like it whatsoever and they ran them out of the meeting every

183matter of fact all of the schools in my district every one of them were built and they ran everybody out because they came with their little prototype it did not work it did not meet the me needs of that community it didn't even meet the personality of that community you are when i go through your community your community and pam there were certain things that you guys wanted some some you got some you didn't but you just can't come with a little prototype we demand that they walk in there we pay them a heck of a lot of money i want to curse so bad i've been cursing for two days in a row i i have it but i really want to curse i cannot sit there and let you do that and i

184hope this board don't do it because you're going to end up with a brick over wall your school's going to look like prisons and i thank god that district 5 looks beautiful you will be surprised how many letters we get when they see rock lake when and everyone has been taken from some type of prototype okay but they come in there with this little one prototype and they're gonna tell us what they're gonna do heck no no they're not we are going to tell them and that's why this board had established additional policies so i need to know from the general counsel office how did you pull those policies together when it comes to what you're trying to propose here with the changes and what we as a board established the previous board established as

185community input when we get to the 40 to 30 percent 100 and we build our own schools they cannot walk in there and tell us how to spend our money we tell them how to spend it we're not going to make it easy for them i don't know who helped you guys put this together but we are not going to let them tell us not not in my district when the mail would never look the way it looks if we had allowed that arctic architect when he walked in that meeting and i went to some of those meetings with pam to go in there melissa we ran up to melissa and zellwood went in her district we liked what we saw but we didn't want that so we took what we liked and we made

186it our school when we were building ivy lane we like another school that they did it was a prototype then they told us oh we can't give this to you you're giving them a free goal going this bill oh heck no not not not in district five and if i have to fight it by myself i'll bring my community in here to speak those architects and are designing you're not gonna sit here and make it easy for them to walk in and i wish you could see some of the board didn't want to do because it was a lot of meetings but then when they came into my district and they started looking they said well how did you get that how did you get this how did you get that i said because the

187community gave an input on it and then it said we took the whole front of a popular elementary i think it was so gorgeous but go see ivy lane it is just wow okay but bill complained because bill didn't like the fence we were so glad to have a school we didn't care about the fence architect didn't have nothing to do with the fence we can get a fence later we wanted the beauty of that prototype school that was in a popular we cannot get fenced in to one prototype i can't sit here and let you do that you will never fit the windermere community you will never fit the apopka community you would never fit out there to timber creek and freedom i know about every one of these schools because i almost dedicated

188myself into walking i've been in every one i know what's good i know it's bad and you can't come up here and give us as a board this is what we're going to do heck no we're not no we're not what we're going to do is merge those plans together and let the people they're so happy uh magnolia is so happy that uh when we went out there for graduation several of dr jenkins staff members were there dr zoon hype was the speaker those kids came out on the stage some were tripping because the stage was all raggedy children breaking over but they knew they said that's all right miss gordon y'all gonna give us a new stage but we wouldn't have gotten it had we not they brought in some little prototype to patch

189it up and we said no no don't do that don't don't i i hope that my board members they can't see it they don't understand it because if you haven't seen it and done it and been through it you are clueless as to what goes on and how we get look at rock lake they'll tell them don't put it over there don't put it back look at tangelo look at look at carver look at memorial look at west ridge look at evans don't let me go i'll show you prototype you are not going to give them a ticket to ride and make millions of us and walk away and then when it comes to repairing those daggone schools only a few of those architects would come in and take a look at it and go

190back only a few and i could ask our facilities department to tell you who they are some of them don't even come back and help us fix them now we're not going to give them all of the taxpayers money and let them walk away with with this and their communities have to build their schools i know it's cheaper with a prototype but they better come with two three plans three or more all right let's hear from the superintendent thank you miss gordon i i'm glad you raised a couple of those issues because it gives us a chance to review uh some history and then i can also clarify i apologize that we've not been clear i think you'll be happy when you hear the clarification and so years ago when the school district was building

191rapidly without the use of prototypes there were inequities and ms gordon was actually the one that brought it to this board to say what you build in this area is not what you're building in the suburbs and so the whole notion the concept of a prototype was really to fix some of those inequities and this dr gordon was largely behind those conversation that is commendable so what we don't want is for the pendulum to swing too far in the other direction where they're simply cookie cutter versions as well what i apologize for uh dr gordon we may not have been clear on is that we are actually expanding the number of prototypes so that there will be choices to make yeah i apologize we weren't clear with that additionally so so think of elementary schools

192have three uh prototypes and middle schools have three prototypes and high schools will have two then i want you to also remember i shouldn't i shouldn't say this word but it'll just click in as different elevations so a prototype for a high school might have that olympia front-facing elevation or in one instance we change that front elevation the infamous outhouse and so think so think of so think of three different prototypes dr gordon and different elevations that can be placed on the front so actually we're expanding some of the possibilities of future prototypes i believe with this policy i apologize we weren't clear but i think you'll be pleased and then let and then i need the question answered how are we merging the community meetings in with the percentages because those those schools are

193not being built that remains the same still have the community meetings okay no change then remember even though we did the prototypes and we did the elevations we allowed adjustments that's not in there and that and we do need to let the architect know they're just the architect they're designing what the people want and that was the purpose of our putting that policy together that that community be proud of what they have and that has shown forth so far except for the last two incidents we had but we are handling that let's address it and yourself address for my area so let the record reflect it let it be in there because if the words are not in there nobody's going to know to fight for it and we're going to end right back up

194where you're building something on the east side and it's not being built on the west side comparable got it in the north and the south and the central okay cause that that's a fighting word for me there i just can't let and let the architects know they're not here they used to go in and just tell us what to do and daryl said i'm just saying miss flynn was just so cause we would go to each other's schools and we would go in and out and i i'll never forget the day she was showing me her school and i just chuckled all through it because it was the prototype for carver she was walking me through carver middle school but because of a couple of dr jenkins staff and parents we were able to adjust

195the inside make the halls a little bit wider made passage we were able to do so many little things by just sharing we were able to change the furniture by just sharing i mean you will be surprised what happens but i cracked up laughing when i told daryl she said i just got to show you the school and after i waited till she showed me the whole school and then i walked out i said girl we are truly sisters because you just showed me my sister's school and and what's the name of the school jasmine and and carver is much more beautiful inside and out and i challenge you to come see it thank you okay i am community folks i am really sorry um i messed up here i i know i was next

196i don't know who i booted i booted somebody um and i got cat in again yeah okay thanks thanks feister just make a quick ask of the public to come forward if they have any comments any members of the public like to address the board on this matter all right thank you um well i thought i was clear now i'm definitely confused i had a couple of questions um but i think i need to start with ground zero again so as i understood this you were going to go out and solicit a number of prototypes three for elementary two for i think middle three for middle three for k-8 and it would be two for high school okay and then from that you were going to review those so you were going to create our

197own prototype so there were there were two there was the first one which is the selection of the three different prototypes that's your um that's your architect prototype design method um so that's where we solicit the three for elementary three for middle school um three for ka and two for high school and so this is what we do now and this is it's the same process the only thing that's really changing is that we're adding this committee so that the school board now approves the prototype so the subsequent design the the community meetings will still occur that that'll all be the same and you'll still be able to go ahead and modify that it's just this beginning process that we're taking a look at and we're trying to add that transparency in so then that

198second method is that ocps prototype um and so the purpose for that again was you know to try to establish one and it was for consistency's sake um but it was also we were going to try to bring in all the stakeholders and make sure that we could develop a prototype so the thing is is we don't have to use the ocps prototype we could use either of those methods the board will ultimately have to approve it so before anything is ever designed before an architect is ever selected it'll come to the board for approval okay can i say back to you but i think i just heard yes okay so we will have our process that we've had enhanced in that it will have it'll be coming to the board there'll be a little

199there'll be more transparency meanwhile we will also have our own prototype and for each school we can decide which prototype we're using one of the prototypes that we've solicited or our own prototype and regardless of which prototype we're using that doesn't stop us from um [Music] dr jenkins used the term um the faith the elevation doesn't change that doesn't eliminate the ability of communities to engage in elevations and other things that make the school unique but still equitable in terms of what it delivers correct okay absolutely okay i'm clear i was a i was a little i thought it was one of the other ideals we were going to do both processes in terms of the committee process um to make sure that as how that prototype is chosen that there is a staff level

200committee that makes a recommendation that will take place and that will come to the that final decision will come to the board as well not just the initial prototypes but the choice of which prototype so what'll happen is so when you have those architects selected prototypes that's where they'll go ahead and they'll look at the three different prototypes that were selected and they'll come up with that report and then present that to the board with a recommendation and so then the board then makes that approval and so this is just for the architect prototype design method right so the the the board will go ahead and determine which prototype you guys want to go ahead and use and then it's pushed back then we actually go and contract with the architect this is the first

201time we're really working with the architect at that point and that's where you know we start our community meeting process and getting all the communities input as to what they think so let me back up again so there's two different steps there's a step of the architect's bidding on being able to provide prototypes they show us prototypes we pick prototypes that we think can work then there's which prototype are we going to use on this school site a separate process and you're looking for the right prototype on that process that is also coming back to this board yes okay perfect that's what i thought the effective date i understand the reason for that that but you would start the solicitation for those prototypes sooner because it takes some time for to get through that ccna

202process yes we're talking about for the um an elementary school that would open in 2022 we currently have at least one in our cip we're actually talking about starting that solicitation process next month and so that would be for the new elementary school prototype architects okay and then um in terms of the 10 years that 10 years is a time frame that would come back to the board to make a determination whether to continue to use those or not but it wouldn't prevent the board from deciding earlier than 10 years to go back out or would it would that be part of what people are bidding on when they're or solicit providing us so in the solicitation they wouldn't be guaranteed any 10 year period it would just be that they're selected for that so

203the board would still have the opportunity to come back earlier if for whatever reason you recognize that a prototype didn't work and you you only had two and you said you know what i want to scrap these or if both of those those companies went out of business you know it makes sense for you to be able to bring it back to the board you still have that flexibility okay and so that i'm really clear on the concerns that the vice chair raised because i remember there was a period of time when the middle schools were like they were all looking exactly the same and and they looked they all looked equally terrible that was they i just thought they looked like prisons i couldn't believe they put that in the community yeah and so

204there will be as much input and as much flexibility as we have now or more in this process yeah in terms of how that school looks and fits into a community absolutely that's a really important input but also the equity i can't even i i can't even imagine i would not be okay at all if our schools did not all have the same if the facilities weren't equal that's just totally totally wrong so completely support what the vice chair said on this um and i'm glad to get some clarification because i did come in a little confused okay remember gold um so i i get the the prototype from a functionality standpoint i agree with that i would even like to see more elevation options personally that would fit each community better i don't think

205that we offer enough choices now to our community for equitable pricing i'm not sure that you know when they come up with ideas they're sometimes so far out of the financial ballpark and then they're frustrated but maybe there are some different elements that we could present and get their input on a little bit more and i think that would give them a a little bit more buy in to the process there's two things that i wanted to um go a little deeper dive in and that is we're seeing a changing environment in education and certainly the the speaker that we all heard this morning is really talking about more engagement than lecture style so maker spaces and projects lead the way and those kinds of things are where we're going how will we adapt not

206necessarily the size of the footprint of the school but the flexibility of the classrooms and the the spaces and frankly we contracted too much in our value engineering the performing arts spaces they are too tight for band they're too tight for chorus they're too tight for backstage um production work and i've had this discussion with mr morris so he he knows this and with jeff um so you know how do we when we have robust programs like that how do we make a school flexible enough to accommodate the interest of the kids you know performing arts especially in our district are huge now chess clubs and maker spaces and and robotics labs you need space for a robotics lab because those things are everywhere they go all over the place and they shoot things and

207they you know what they're building so how would we accommodate that changing learning environment in a prototype model with a hat out having to go back to the drawing board because i think there's a way and then i'll i'll just get my other part out um oh like that was it the character the building i already addressed that at the front so i think one of the things by us just going out for the new prototype you're going to be able to see some of those changes because you know you've heard about and a couple of the facilities presentations you've heard about 21st century changes and stuff and so what you'll see is you know the prototypes we're using now are from 2007. so what you may see when you when we go through the

208solicitation process you may see an architect come in first you may see an architect that we've never used before you don't know what's gonna happen through the solicitation process but then second they're gonna come in with these prototypes and we're going to essentially have the initial use of them which gives us the ability to tweak those spaces and gives us the ability to try to create some flexible spaces i know one of the things we had at windermere high is we had some of those flexible spaces and they ended up putting up partition walls because the people want they wanted to use them as classrooms and stuff yeah that was out of necessity not about it but it wasn't at a want that was right right because we can't put portables there except in one

209spot so god it looks stranded so but i think actually coming especially like you're like i said coming in for your new prototypes on your elementary school that's going to be your opportunity to really look at those and to improve upon those spaces okay at this point so let me rephrase my question how will we check you know because i think we did do some changes to our prototypes but but i i want to sound critical here because i love all my brand new schools i i don't think we've flexed enough in since i have been on the board for what i have been able to see in doing research across the country and around the world for for the spaces you know and i know some of that is cost but how will we

210kind of check in because i think we are like technology now we're moving much more rapidly in thought and mind legislation and practice or not are not as quick but people are already ahead of of where we're delivering education right now and and the next generation who our you know technology natives are going to demand it so how do we make sure we're kind of checking in without being fat ish you don't want to be building fats because we did that once with these open air classrooms and they were totally non-functional um but how do we kind of check in on that and and work within the prototype system so what we can do um and we actually do modify our prototypes a little bit each time as dr gordon mentioned she's had a lot

211of input from her community they're prototypes but i mean we take a look look at what the community says and so i know that we we have issues with some of our architects you know they do come in with the plans contractually they're supposed to come in with at least three plans for you to take a look at before anything's presented to the community um so you know it is something that that we just continue to work on but i mean it's getting that community input and you know some of the things i know that we've heard at some of the meetings is they need more closet space or they need something like that so what we do is each year um our staff meets with the stakeholders and they essentially complete a lessons learned

212and you know one of the things is okay they may not have enough storage room here and so that's something they do apply to the prototype each time they use it they go ahead and they update for life safety but they make sure that they apply those lessons learned as well to each time so that's why you know your windermere high school may not look like a high school that was built 10 years ago because we have learned things throughout this process and we have updated those and so that's the thing i mean we have we have guys who you know attend fifa and they go and they look at different schools throughout the the state and even the nation to see you know what kind of technologies are they using what are we what

213opportunities are we potentially missing out on and that gives us some flexibility i mean we still stay you know in the floor plans but maybe we can adjust some spaces here just some spaces here maybe it's designated as flex base rather than designated as this so long as we're still you know within that building footprint we do have some flexibility within that well thank you and i knew that but i think it was important to kind of pick that out a little bit more just because i think people think we keep doing the exact same component i would like to to see a you know more of that ingenuity come in even within the footprint but i know that we are making adjustments and i appreciate that thank you very much um miss school you

214come back on when you need to because i think you're right where i am um i needed to make a comment that i heard member gallows stated i i really thought i thought mcgowan stated the best thing when she came on board about the outdated but i'm going to come back and say it and say it and and that was right online um the next person up is uh yes remember dental and then remember thank you madam chair okay so i i understood all of this when you went through it i had a couple questions then they were answered and then they were clarified and now i'm more confused so um the definition i guess of prototype is confusing me um and the and where along the process it comes in so um when we

215initiated a design for a new school do we designate beforehand in the request that we are asking for a design for the purpose of a prototype so for the what we do is we have the selection of the architects and they are selected as our as prototype architects so a lot of times they have their own school and so that's why you may see an elementary school that's built here that's built in miami it's the same school so when they come in for the initial we ask them for their prototype so that's why it's called the architect prototype because it's their prototype it's not ours it's their prototype it's the one that they're using like i said all throughout the state and so they come in with this the different again they're supposed to come

216in with that with three different plans for us to take a look at and that's what we go ahead and we work with and we tweak and so you know i think i've seen one recently i think one of the high schools had 17 different plans so far so i mean it's not like oh we come in with three and that's all we accept our our internal team reviews um and before we even move forward with it so they'll tweak it okay so so the architects have the prototypes and they say here's one of our pro prototypes and we go yeah that way that's a possibility so the architect has their prototype and so yeah they'll send us their 8 30 prototype and we say whether or not that works for us laura can i

217can i back up just just for the benefit i i think we're still maybe on two different processes or back to i'm confused there is a process by which we solicit prototypes so we solicit the architects yes so that's the article for the sake of answering that question and so that's that that's when we solicit for the services we're soliciting for the the architects they have their prototypes yes so we at that during the solicitation process we are looking at their qualifications we are not looking at their prototypes at that point and that's how they're selected right now we're not going through and analyzing okay which one's a better elementary school prototype which one's a you know that that's not how the initial selection of the three architects works you're looking at the qualifications of

218that architect at that point so that's for the initial solicitation so then the second part is where you have your initial use and that's where for this architect prototype design that's where you ask the architect send me your prototype and so our guys can reject that prototype or they can ask for a different one but i mean like like ciscovetch you know we know that they have a a prototype right now and they have a prototype they've used in miami and they've used all over and shinkle schultz it's the same thing they have this one prototype that they typically building everywhere so they send us most most likely it's a prototype they've built somewhere else and that's what they send it to us and our team can either like i said accept it or reject

219it and they can also look at other prototypes too and so when they're going for the initial use they're going to be asking for these prototypes from each individual architect so the architect's going to send us so schenkel may send us a prototype zizkovic may send us a prototype rhodes and burrito may send us a prototype our team you know when they're going this committee will then take a look at these three prototypes and say which one's suitable for our school and so that's what they do right now they take a look at the prototypes and they say which one's suitable the only thing is is your you guys it doesn't come to the board okay we have those prototypes now and you know like i said we have each one for each architect it

220just doesn't come to the board right now so it's the same process we have right now so that's the architect prototype design so we don't even really need to use the word prototype we're just asking for architects to give us a design for a school that we need here are specifications do you have a design whether it's new for them or one that they're reusing we just want to design so the reason we call it a prototype is because we're subsequently going to use that prototype for the reuse section again you have the solicitation period and then you go out for your initial reuse which is where you get those three from each of those architects that's your initial use then when you go for the reuse that's your prototype reuse and even though okay

221so can i just add it's important to say the word prototype yes because under statute that's how they define a proper a design you're going to reuse and you're going to have the option of being able to re where you really have the savings on these projects is when you use it a second and third and fourth time however many number of times you can use it that's where you have your real savings so in the high school arena for example the first time we used it i think it was six percent that we were charged on it and then it was four percent on the second one and three percent and those numbers are big so the the cost on the reuse is significant but you call it a prototype because you plan on

222reusing it so whether you ever use it or not that depends on the design you know you could build a k8 for example and then the school board decides no more khs you may never use it again or no more k-8s that are three stories or whatever but when you initially bargain contracted for it and everything else you want to call it a prototype for that very reason and under statute those are the ones you can reuse so then the the benefit for everybody then financially is they offer us a prototype and it i guess is cheaper for us because it's not a brand new model we and then they are hoping that we will use it again we don't pay as much but they get more money for the same design go ahead can

223i answer that one because this is the part i still can never quite understand it's not like buying the first ties a lawyer simple caveman lawyer does not understand construction world okay i was under the impression when you bought the prototype it's like i bought the specs and the design and now i just can get someone else i give it to another architect and they can take it and build it it doesn't work that way in architectural world because if they did that first of all they would probably charge you three times as much for the first design but they're giving it to you with the understanding that you will hopefully come back to them and get to reuse it under the new system do we get to do are we still forced to go

224back to the same architect or can we go to a different one for the architect design method we are yes for that second one that's where we get the ownership and that's where you're going to see an even more in uh decreased cost if i can interject in this also though i think if you look at the legislative intent i think when the legislature added this they anticipated it they thought it was going to work more like you're talking about they thought that as long as you told the architect when they submitted that prototype design you put them on notice we can use that again that that meant you didn't have to pay them next time and there would be tremendous savings and they require now that if we have two schools in the same

225um two of the same type of schools in a five-year period we must use a prototype okay so we don't have a choice of saying let's just individually solicit for each school we have to use a prototype it doesn't say that we have to use the same prototype but i think inherent is the intent in it is you shall save money by using this school over and over again that was their goal to make us save money and be more efficient whether we like it or not that was the goal if this is too confusing at this point is it possible to bring this back i know we have a lot in front of us still but in terms of the urgency i know i've been one person who's been pushing for this but the

226urgency given the effective date could we bring this back we can bring our way up to the board just remember we had one individual who's very concerned about making sure this was implemented this is our first effort to try and get it done and we can bring it back and get some more input at a later time the level of questions i'm hearing do not make me comfortable that the board has a firm handle on where we are and i think we need to have that and given the effective date it is not as if bringing this back in a month or six weeks is going to affect anybody who's going to be seeking to do business with orange county i don't think laura you agree okay you have a hesitant look on your face

227i like have to read body language let's bring it back okay okay melissa said you didn't mind waiting okay but now i understand everything as vice chair as well everybody weed it up there very good okay so melissa we'll bring you back at a future point yes and uh miss and vice chair you're okay i blew up i'm sitting between the gym you're getting remembered let me tell you why it's so confusing number one you didn't explain it to me your committee didn't even meet with me never tried her best i have said to dr jenkins she knows over and over again but you did not know that dr jenkins that you cannot bring a topic like this to this board ever again without especially i consider myself the builder okay even my community said

228get rid of her because all she does is build schools okay then they after they all got built then everybody's saying oh my god they really did it dr jenkins and mr blocker really finished our community first i i really think if you're going to bring a topic like this you need to meet with every board member i'm sure that you did but you missed me what i need to know from the superintendent madam chair what is wrong with the process i would have covered all of that with you in the meeting of why the change because i heard the general counsel say one member um that's why they're pushing it but what is wrong with what we are doing now because let me tell you i don't care how many architects you get you're

229going to begin to fade away and you're going to give up equity and you're going to give up equality and let me tell you why you have the minority women business you are not going to be able to get those kind of builders because we can't even get some of them to come and build simple schools for us so now you are limiting the architectural designers you are limiting your builders and now you are looking at certain people that that committee the c and when i wrote it down i can't keep people remembering all that uh to see what is what is it judgement i always ask you to say it all ccna i can say it myself okay so you're you're i heard a couple of committee members and board members talk about that

230which i thought was right on top they were saying wait a minute who are these people the ccna why can't we have a selection in what what goes on why can't it be equality why can't it be a representative from every board member up here you didn't talk to me okay uh another thing you're gonna backfire because you're limiting the big dog you're giving the big dogs the bone and the little dog won't be able to get nothing out of this for years to come i have got to go back when i heard mama gallo she wasn't talking to me but i was standing by her and miguel if i'm wrong you could correct me if i'm wrong just say i'm wrong and i'm okay with it but i could have sworn i heard her

231say wait a minute wait a minute she said we put a prototype up and i've heard pam ghouls say this over and over and over again [Music] 2022 i'll be sailing the mediterranean blue but i want you to know how you gonna keep up with the building codes and this board has fought for years tallahassee alone just cuz the cod damn bam bam and you're getting ready to lock us in and say we're gonna save money i don't think so but i heard miss school and i heard gallo say wait 10 years ago they're not putting that kind of water holes in there they're not putting those kind of bathroom toilets in there they're not using those sinks and what about all of the disability things we don't even have everything up the disability code

232where the the slants i learned so much by being in the esc classes okay and what you've got to provide and we're trying to provide that how how are you going to keep up with your building code but these are my questions uh madam chair to the superintendent and her staff the biggest thing is what is wrong with what we are doing nobody explain that to me what makes this better what are you trying to share tonight with us the flexibility someone mentioned tonight is just not there and to the superintendent which is very great working with her is what do you need from this board that you you for you to really get us to see what you're trying to do because we don't know it if we did like madam chair i'm so

233glad she said it that we don't understand it all you cannot regulate florida building codes you just can't regulate it thank you madam chair okay dr jenkins absolutely uh dr gordon madam chair members of the board we will um have those one-on-ones scheduled and back this up for several weeks okay and if i can um it's because i'm i'm the i'm the initial person who suggested that we revisit this policy i know a number of others here's what here's what i thought was wrong with what we're doing vice chair gordon what we had in place what we have in place right now is only one high school so and i think suddenly we're starting to build a number of high schools and we don't have any choice but one high school and i thought that

234we should have more choice and there should be more competition and the other thing that i felt was missing was that when we have multiple prototypes like we have for elementary schools the staff was making the decision which prototype and there wasn't a clear transparent process for how they were making that decision and it wasn't coming back to this board for final approval so those are the main changes that we wanted to make more options for this board at the high school level and to have the prototype come back to us yeah and so they're in line with what you want to see there was confusion and i know i i've you know we all have our strengths and weaknesses there's a lot i'm learning in the arena of procurement that is my that's my

235strength because of what i did before there's so much i'm learning but i can see how confusing it is and i want us to all feel comfortable when we get there policies are very very important so on this one we can take a pause and slow down and get up everybody up to speed and comfortable okay so very good thank you so much dr jenkins for accommodating that request all right laura thank you it was a great presentation even though we were confused we'll go back and rework that i'm sorry so there so madam chair there are two remaining policies we're taking bets over here general counsel believe these two will be fairly short okay i say we keep moving everybody definitely needs a break let me know if you're okay with individual breaks we

236plug on through let's keep going and then that and then after these two remember we have a code of conduct oh i thought you meant that including the cone to connect well let's get going that would be number three all right okay given your turn good evening welcome jra the revisions proposed to jra are really in the opening section they relate to parameters for disclosing names and addresses of students as part of the provision of district services the goal of the policy revision is really to just tighten up the language to require that if we are proposing to provide the names and addresses of students as part of the provision of district services a contract will be required which includes protections for the control and release of that information and that contract will require board

237approval um in order to permit the release of that information and that's it and that is the wow change to jre wonderful thank you any members of the public wish to address the board board members member gallow just so just for clarification so i understand so for example if somebody were to come to our district and request all the name of our um additions volunteers before we released those records under public records the board would be notified this is separate this is command commercial use in the sense of if we have a vendor who is saying is part of the services that i want to provide to you i need the names and addresses of like her if her jones come and said can i have so i could talk to them about class rings

238or whatever clarification i'm sorry board member gal you're talking about additions she's talking about student records two different things additions volunteers are a separate list maintained by a different group don't have the same ferpa responsibilities that we're talking about so i just want to make sure we're talking apples and apples not thank you for clarifying that because i was confused i mean no thank you you have a question on i do so so we're talking about vendors like chris jones are those that we use if they were to ask for those records the board would have to approve it before you would release the records i just want to try to understand that i understand the change in the challenge the the policy always required board approval the goal is to tighten up the language

239to specify that if we have a vendor who is uh requesting names and addresses of the students as part of the provision of those services that request will require a contract that has uh language in it to protect and control how the vendor can use that information and that contract will require presentation to the board for the board's approval thank you thank you that's that's clear thank you um member castro dental yes thank you madam chair um would the example of the attendance letters that were sent to parents when their students were not like when they missed a certain number of days they were sent to the students home saying we have this information we would like for your child to be aware that you're on track for missing too many days i mean i

240know that that was a service that the district contracted for yes so that's an example of correct that vendor as part of the services that were being provided uh needed a list of students who were on the verge of having a truancy issue and so as part of that agreement we agreed to provide certain information we controlled how the vendor could use that information and then that contract was presented to the previous board for approval thank you thank you member lopez thank you madam chair so it's only for those type of vendors well it it's for basically the commercial use of that of student names and addresses ordinarily um we have directory information where we can release a student's name and address under certain circumstances this is a situation where a vendor is saying i

241want to provide photography services to the district and in order to advertise those photography services i need a list of all of your elementary school students by name and address in an effort to make sure the vendor doesn't receive that information and then go off and do whatever the vendor wants to do with it we um are proposing in the contract to tight in the policy to tighten up the policy language to require that our agreement with the vendor is going to detail how the vendor can use the information specify what information the vendor is receiving and then ultimately require that that contract be presented to the board uh for the board's consideration of of what's being proposed for the board to sign off on that before okay okay thank you member bird um i'm

242gonna kind of change gears a little bit and go to the um oh unless you haven't is this all that you were going to cover yeah the other provision the other changes for jra are really formatting changes and ref by referencing the parent as well as the legal guardian so that was really the substantive change um can i just bring up the legal name of student that part of the policy um i understand that it says that if a parent comes in and wants to change the name of a student who's already enrolled it's different than what's on the birth certificate or supporting evidence that they have to wait until a final court order verifies the legal name change is that i'm assuming that's relatively typical i mean my only question i'm thinking in reference

243to like our transgender students that i'm and i off the top of my head know quite a few that have changed their name to a completely different name not like a nickname or anything so my question is every one of those students has to go and get a legal court is that what i mean that's what this is saying is that statutorily we're required to maintain the records in the students legal and the students legal names wants to go through the process to change their legal name once we receive a final court order designating the name change then we will incorporate that name change but until that point we have to maintain the continuity of the records in the students legal name yeah so maintenance of the legal name is one thing what you refer

244to the child or the student in your class and how they are addressed is a different issue and we work with our students so my son's name is gabriel keys rodriguez he just got referred to in a graduation ceremony as gabriel rodriguez he never goes by gabriel he goes by keys and so his teachers and everyone else that knows them typically knows them as keys particularly with those students that are in the community the transgender community we work very closely with those teachers administrators and make sure they're aware of it so they don't call the student by a different name that would obviously may cause harm or or psychological issues to that child prior to the legal prior to the legal change and some some go ahead and change it because they know it's an

245ongoing thing if they go to the driver's license or anywhere else they have to answer those questions constantly so they go ahead and change it to protect their child okay thank you for that clarification all right next member gallo thank you madam chair and so the paper that we send out to the parents at the beginning of the year that opt out if they opt out um their name of their their address and their child's name will not be released is that correct correct okay and then to to remember byrd's comment just now do we is that in policy do we have something in policy on how we handle name change with transgender students i don't think we have a policy on anything that's just been practice of the district for some time and it's

246the same thing with accommodations in in restroom facilities and everything else there is no stated policy as regards any of that we just have very good clear direction from our office miss corn is here and she well the case law is unsettled though so i'm going to be clear to say can you mind coming up to the mic thank you so much for joining us you must have been monitoring i appreciate that there there's a records case out of seminole county that says that you keep your legal name on your records that's yeah that's that's not the miss corn so just to clarify i think your question is do we have a policy or procedures that pertains to changing the name and making the accommodations which is the opposite of what's in the case law

247i think and but you're talking about a practice of using their chosen their choice of their name rather than their legal name that practice is not in the case law that is not in the case law the case law says that their legal name stays on their documents however through legal 101 and legal 102 and the trainings that we do every year with all of our administration we use the presented name of the child when they are in school so that they have a safe place okay and and part of the reason why we don't codify any of this is because the case law is very unsettled on all of these issues so in the years before we've given presentations ms korn and i we've kind of said this is the case law today on

248the transgendered issue it'll change maybe maybe it won't it's changed several times on the issue of of use of locker rooms and everything else but that's why we haven't codified it with either a policy or anything more than just guidelines and internal procedures that we follow okay thank you thank you thank you all right member uh vice chair gordon thank you matter cover thank you madam chair um mrs kokodis thank you so very much and miss cory um general counsel mentioned something and so did members bird and gallo in reference to the name changing i ran into this doing graduation i want to just ask real quick and i heard mr rodriguez he brought it up about graduation so i'm wondering if we need to check our policies and procedures to add a couple of

249these things in there that they're stating that actually happened you know without trans and the students and stuff but my my problem that i had in three different counties lake county osceola county and orange doing graduation it wasn't the children the students it was the senior parents that just paraded on the counselor's offices in selected schools not all in selected schools and i could gladly share that with you if you're interested and they demanded that their names be changed to call what they have been called gabriel no keith and they went and got court order records so that when that child walks across the stage that that name will be cool but i went and did like bird carrier used to do i did a little i went to lake county went to a graduation

250there because my grandson was graduating i went to osceola because my kids from my school were graduating and then i came to orange and i asked several of the students you know my hispanic students especially what you know what the name because at one school they were telling their name to the person which kind of held up the line um they were saying you know i'm rodriguez you know virgo or whatever because that that's the way they wanted to call and i think that's a great way to handle it but the parents actually went in some guidance office and i wanted to know i don't know we had the same problem but they insisted that the name be changed so that the kids won't be last you know they didn't want them to be last

251a lot it was all kinds of things that i couldn't believe but those parents were fighting to the end so i don't know if we had anything like that to happen and can we avoid that for the 2020 class that is coming up if it happens i do know uh two schools in this county that it did happen in but we were able to to work that out but um they wouldn't do it in late but some of them did it because like you stated you said they had a court order so the court order they had to call the child name even though the legal name that they gave and then i said well why did you do that why did you go get a quote on she said because he didn't want to

252be called last which was unbelievable and then a lot of kids picked that up so had you heard about anything like that in orange county with the 22 high schools and the orlando you know technical colleges that we have orange technical colleges no okay and and the the poli the goal of the policy is basically the student's educational record and so that's really what the policy is trying to deal with in the sense of you know if you have a student that's named john smith and all of a sudden john smith wants to become jon jones right um for for sake of completely the record we need a a a legal document and you stated the official do we have that written anywhere in our policies and procedures under the student record uh the policy

253requires that the records remain in the student's legal name unless but then you could say i mean but you're not giving them that option if what you said earlier that if they have a court order they can change their legal name um under the section uh designating legal name of the student the section states that the student's name shall be recorded based on the birth certificate name yeah but a big on the birth certificate but if they go change it okay then you need to specify it that's why i'm bringing it up if if we're saying that and then you stated that if they have a code order they can change their legal name i just wrote down what you said so help me with it so the court order i know is the court

254order that we're referring to ma'am is for a legal name change so yes so the poor order is if you have a legal name if you receive a court order to have a legal name change if i was to change my name to sarah gordon today it would actually that court order would also apply to my social security card my birth certificate and everything else so we are telling our parents that they can change the name but it has to be through the code order and i know you said it's in there but it's not just where a judge says i'd like you to call sarah rebecca when she walks across the stage it's saying that your legal name has changed so that it's not just a court order telling us that we have to

255call someone something else on the willy nilly i saw you shaking your head so did you know of any incidents like that in orange there were several in in lake county and osceola i only know of students that have gotten court orders to change their name for custody emancipation a lot of kids did that things of that nature i have not heard of a court order just for the purpose of graduation not immensely yeah when they become okay well they did it all right and i just there are always possibilities heidi thank you absolutely okay thank you madam chair thank you member cobert just a quick clarification for member byrd and member gallow on addressing a child by their preferred name on our forms that we fill out every year if you think about it

256there is your last name first name preferred name so that if a student in the classroom wants to be called by a preferred name that's that's on our form so not by policy but we do have a form there's a documented process and based on legal counsel's recommendation it would probably be preferable that we not put it in policy at this point because the case law is so unsettled thank you okay we are closed out this discussion we did not receive any public input no one is here for public input let's move on to the next and i think the last policy before we get to the code of student conduct with which is kce ethics and lobbying kce is our ethics and lobbying policy the proposed language relates to contact between ocps personnel and

257lobbyists and it the proposed language is essentially two separate uh areas the first deals with communications between lobbyists and board members and the language that is being proposed is to prohibit texting between lobbyists and board members and to require that all communications between lobbyists and board members be limited to meetings phone calls emails using the district's email system or a written submission and the second proposed area the second proposed language relates to texting between lobbyists and either procurement personnel the superintendent or staff members with contracting authority and all other district personnel um the the goal of the language is to limit texting under those situations to transitory messages only with the preferred method being either meetings emails phone calls or a written communication and lobbyists as defined by the policy is anyone who is attempting

258to influence the board on an action that may be foreseeably presented to the board there are exceptions to the definition of lobbyist if a parent wants to place a phone call regarding their student they're not a lobbyist a government official who's acting on behalf of their own agency by definition is not a lobbyist an attorney representing their client is not a lobbyist a member of a pto who is calling regarding a particular issue is not a lobbyist so when you take out those categories of individuals you are dealing with folks who are who would fall within the typical definition of a lobbyist of someone who's trying to influence the board's decision positively or negatively on a foreseeable action the the goal is to essentially uh prohibit text messaging between lobbyists and board members and to

259allow text messaging between lobbyists and other district personnel provided it's transitory in nature transitory according to the general retention record standards are is language that is of a limited use value it's a text message i'm running late for our meeting are we still meeting at five o'clock it's those sorts of messages we have proposed some language to the superintendent to modify management directive 09 which is the employee use of technology directive and that proposed language is essentially requiring that district personnel use text messaging only for transitory messages in the event of an emergency or something that requires a text message then it is then is the employee's duty to preserve that text message so that we can comply with public records and that is the only proposed change to kce okay members of the public

260now members of the public um member gala thank you madam chair um i'm just curious as to why this is being put into policy was there a reason why we added this i mean text messages are open to public records for all the board members so i'm just curious that's my first question i have a follow-up on why we decided to put this into policy good yes take that one too sure this was remember you may recall back in january we had the uh ethics training we provided our board members i provided so as part of that discussion the chair had brought up the issue either there or around that time that she wanted to avoid lobbyist texting board members directly because there was there's other ways to communicate with you that create a record

261that being emails and so this is clearly an initiative led by the chair so yeah so let me answer your question um as woody said it perfect but when somebody emails us the the email is captured the email is coming through the system it's not going to get lost it can't even be deleted even if you wanted to delete it it's backed up if somebody is texting you on your personal phone or even your school district phone those emails can be deleted there's no there's very it's very difficult to recover them i can tell you from first personal experience how many times i took my phone and had it submitted to recover everything off the sims so deleting something off of a cell phone is a possibility record of it there's no record kept in

262this building i now have a school district phone but i live in constant peril that if that phone decides to take a dive in the pool which might have been known to do that that along with it go those text messages if i can't recover them so because the greatest concern i think people have is the communication of uh school board members with la well all of us with lobbyists and whether or not lobbyists are having an undue uh impact on us that's why we have all these reporting requirements it's very hard to ensure the public that we're satisfying them when it's coming through a text message so it was my suggestion that since we don't have the hundred thousand dollars a year text guard system that we had at the county and i'm not

263advocating that that's an efficient use of funds but that's what it costs to preserve those text messages then an alternative approach if we're not going to do something that expensive would be that we just tell lobbyists call us by phone you're welcome to do that come in for a meeting if you meet offsite by the way you still need to report that you've had that meeting but it is um more transparent and more foolproof that was the reason it's obviously a board decision it's not this is my opinion and i asked to have it in here for the board but it is a board decision okay so my second question is in policy it states those you know transitory tax are allowed between district staff and lobbyists but not between board members and lobbyists correct

264and then can we further define that as someone who spends time in tallahassee and someone who is around lobbyists the majority of my time i text lobbyists all the time so and none of it has to do with school board policy but when i'm talking about and i don't know in the future they may have something that will come before the board but for me not to for me sign on to a policy where i'm going to text a lobbyist that i know you know hey let's have lunch or hey what do you know about this bill and now i'm prohibited from doing that i i i'm gonna be honest i'm gonna have an issue with that because you're tying my hands on how i i conduct my business not even not just in that

265realm but also my business that i own as a board member because i in my business i talk to lobbyists all the time my job is to get money from lobbyists for some of my clients so i'm i may have an issue if we can't try to clarify some of that language like that makes a lot of sense can i respond to that i think that we could clarify that language the purpose of this was um not to it was to prevent individuals from lobbying using text messaging and i think that the difference between somebody being able to contact you who happens to be a lobbyist a registered lobbyist and somebody using the text message as a way to lobby you or to just as a distinction that we could easily make and i remember

266those days of spending a lot of time and i know exactly what you're talking about now that i think about it yeah thank you um member gordon yes thank you i'm i'm glad that you brought this up madam chair but i'm glad that remember gallow brought that up because i i'm not being paid but i do work with organizations um that i do have the lobbies in tallahassee sometime and it in washington and i do go um probably won't be going much down but i you mentioned um other district personnels in that so if i'm just when i'm other district personnels would be where all of i mean other school not perhaps in the sunshine right it could be a principal it could be a lobbyist who's reaching out to so i like what madam

267chair said so i need to just say call me or come in if it's a principal or a a staff member no this is between um someone who is not an ocps individual who is attempting to influence or educate you in a way on a particular matter that may come before the board if it's a principal at a school who wants to reach out to you and has an issue they can certainly reach out to you via text message the goal is to make the text messaging more transitory in nature dr gordon i'd like to talk to you do you have some time rather than dr gordon here's my issue and there's a whole text message all the time i'm telling you okay so no more you can't do that anymore i mean i mean

268this is what we are saying in this language as as to this policy it's referring to individuals who would fall into the category of lobbying um we have proposed to dr jenkins that there be a modification of the management directive that essentially discourages communication via text message unless the message is transitory i love that that's the best to just predict it i have to go back to ben mcgallows i know she does like she said that's her actually makes her living okay um the personal business i'm just a little confused on that because if they get our texts here same telephone number i mean per se our even our own personal um what can we do with the personal business and her aspect are even my aspect on it when i do what i need

269to do well the policy is only intended to govern ocps business it's not intended to govern um private communications so you can't co-mingle and put things you can't well i mean i i think if it should be any co-mingling in there either then right it's meant to cover ocps related business so it's not meant to control a communication that you might get from a family member that's a detailed text message no i'm saying a business you know we talk to businesses all the time to become business partners several of them were sitting in there today at the summit and they are lobbyists yes they are main lobbyists yes because i mean that's how we got that seven million dollars floating through the state the the goal of the policy as to communications between let's say

270those types of businesses to essentially prohibit text messaging between a board member and those businesses the goal is to have the communications be via email or by phone or or a meeting okay i love it i heard i remember casa dental said transparency so what i'm hearing today like several of those supporters that sponsored we have relationship with several of those that were in there today yes and um they have given to our schools and maybe even our campaigns so say it again okay all right okay it's gonna i'm trying to make sure that when we leave here today we understand exactly where we are with the ethics and lobbying because we are friends and it is hard when you're running a business i mean i've been there even when i've worked very closely with

271nspa and lobbied for them fba i was big time lobby for nea and fda okay throughout the state and then the farm workers with my biggest lobbying group pretty much you know i enjoy those and even my church they have lobbies a lot of the churches we go up there on certain days in our sorority we don't lobby but we carry issues and we do talk to those that are lobbyists so um the transparency okay just trying to remember it and trying to keep it separate and the best thing to do is just text three or four words and that's it well as the policy is proposed there will be no communication by text between board members and lobbyists okay um as to other ocps personnel it would allow texting but only for transitory messages

272the i think the goal of the proposed language was to sort of steer um lobbyists to communicate with the board members via other methods that were transparent for public records purposes have them send you an email hey can we have a chance to talk about x y and z they can certainly call you on the phone um but it it it's meant to eliminate a substantive text that we are then not able to capture for purposes of public um records but going back to the concern that was raised if we change this language to say that registered lobbyists may not lobby a board member using text then we haven't said a registered lobbyist can't communicate on a personal matter that happens to be a friend or you're up in tallahassee and they want to have

273lunch but they're prohibited from using text messages as a means of lobbying and i think if we do that we've addressed that concern and that was always the intent and i think you bringing to light the reality of it is important that we do that now because it's very hard to change ethics policies later okay okay so remember kester dental yes thank you madam chair uh um miskakotis do we have a ocps lobbyist registry we do we have a a a lobbyist registration process where lobbyists are supposed to fill out an application they do so on an individual basis not necessarily a lobbying group uh they complete that application we then um track them in the sense of their required they have reporting requirements as to how much they've spent as part of their lobbying

274efforts for the district and that's an annually updated list the problem is is that the folks who don't go through the registration process but then still reach out to the board or to other ocps employees um who are engaging in lobbying but for one reason or another they have not gone through the registration process and and that's why um the language lobbyists rather than registered lobbyists uh was was used um where could i find that that list uh i can serve i have the list i can certainly distribute it to you we also publish updates on the website if you go under the legal services website there is a section for lobbyists and that list is updated um as we have new uh lobbyists register okay i i know that's not in the policy language

275but that would help me know who considers themselves who's doing their part as far as registering as a lobbyist and then that would be helpful thank you and in changing the language let's make sure we talked about if we use the term registered lobbyists we're talking about registered with ocps not registered with the state or some other entity um okay we are we are done so thank you yes madam chair members of the board we can't change the language obviously because it's been advertised this way and that is considered a substantive change but we're going to take it back we'll bring it back but the other thing is i will will make sure and unless anyone else contacts me otherwise i will make it a point to make sure that miss attorney kakotis and i

276meet with uh member gallo to make sure when we have the revised language i can get your input i can't deal with all of you because then i'm breaking sunshine by doing that but i can meet with one member to make sure since you have the greatest concern and then when it comes back and in a forum like this hopefully we got it right the second time so thank you are we using registered i think the the recommendation is to use i i understand the concept the concept is you want to mean someone who's registered with ocps as a law i think that's how it's defined in the policy i don't want to take time looking to confirm that but i understand exactly where you're headed i think the way we wrote it it we

277thought it was going to achieve our our goal this is the purpose of this is to bring out and flesh out other issues you've done that so thank you we'll bring it back better yeah absolutely very good thank you thanks vivian thank you vivian good job okay we're on our last code of conduct thank you for your great conduct and yes what did she do okay i guess whenever you're all ready yes we are trying to pull up the red line for the code okay um i'm not sure where they normally put it on the computer oh um j i see actually okay so yes my apologies board members i'm still learning this whole i.t thing i didn't go to school for that so good evening i am sarah kopesky i work with the legal

278department and i also assist student discipline with legal matters here with me tonight are the area administrators who also support student discipline we have mickey joyner tony bulliard valencia boyd charlie russ and delilah hernandez i'm going to begin by presenting the red line for policy jic and then i will turn it over to the area administrators to review the code itself prior to today we have we have presented our changes to the superintendent and cabinet and have reviewed all revisions individually with each board member we have also received valuable feedback from each board member who have provided great procedural suggestions that we are looking into for the upcoming school year any suggestions or edits made by individual board members as it pertains to the policy or code will be presented as an addendum to the

279code or a version 2.0 version 2.0 will also include legislative updates that were recently passed we will we will review version one first and then review suggested edits for version 2.0 version 1 is on the agenda for june 11 2019 school board meeting to be adopted and version 2 will be on the agenda for the july 30th 2019 school board meeting to be adopted okay and in lieu of doing a powerpoint we thought it would be easier to go through the red line as we did with all of you in individual meetings so i'm going to start on page two with our first update to policy jic and here we include jurisdictional language added under student control and supervision to encompass all areas that ocps may take jurisdiction to discipline a student these areas include

280while the students attending school a school sponsored activity being transported to and from school while on board property my apologies and when appropriate any other jurisdictional area as permitted by florida statutes and or state board of education roles and that's just to encompass all the places where we can take jurisdiction the next change you will see will be on pages three and four to the zero tolerance for school school-related violent crime this was updated to include when a school should report an act to an sro and also define serious threat to school safety and pediatric misconduct in addition it notifies the community that the student has the opportunity to review the discipline action imposed on them as outlined in the code of student conduct so before when we reviewed this when we came to you

281as a work session there was concern that it says well it says we need to define that criteria and we need to adopt policies so we went through and kind of reworded things and then made definitions for serious threat to school safety and pediatric misconduct to update everything the next change major change you'll see and there are some formatting edits that you'll see as we go through um for instance is section four here it's not changing anything substantially it's just a formatting edit so i'm going to skip over that um the next one will be on page eight um the bring your own device policy so this section was modified and reformatted to include student issued devices so you'll see a change to the title there where we took off bring your own device on

282the next page we've defined ocps student issue device as well as personally owned device and then jurisdictional language has also been added under this section as it was previously in the policy on page 10 you will see a lot of redlining for letters d e and f that's actually not a change it was just moved up as part of that reformatting and then again the jurisdictional language was added at the bottom of page 10. on page 11 we added the language regardless of intent if a violation of state or federal law is suspected the matter will be referred to law enforcement and then this is where that language was moved from previously that i had pointed out so you'll see a lot of strike through on page 11 that was moved up to page 10.

283at the bottom of page 11 there's also additional strikethrough because there was a list of people that students could report cyber bullying to and as opposed to doing a list we just said report it to school officials so if there is victim of cyber bullying then they can just go to anyone at the school and report it on page 12 again you'll see a lot of strikethrough and that section right there is repetitive of a previous section talking about searching a student's device and there's also procedural language in there that we didn't believe belonged in policy because that's something that we would talk about in our trainings and also provide in our procedure handbook and for version 1.0 of jic that those are all the changes i will now turn it over to mickey joyner

284to go over the code okay the code has been reorganized and updated throughout some language within the code has been simplified simplified for better student understanding in addition the term infractions has changed to offenses throughout and guardians have been added to parents throughout to look at page one acknowledgement the jurisdictional language mentioned by legal and policy j-hat jic has been added throughout the code as well bullet three includes vaping bullet four states all threats made to a school or person will be taken seriously regardless of intent you will see this addition made throughout the code whenever a threat is mentioned bullet six as the phrase random searches may occur at any time and are not protected by safe harbor at the bottom of the page the parent slash guardian signature block has been added also

285at the bottom of the page the term refusal has been added pages three through five is the table of content and summary changes these pages will be updated once the code is adopted if you look at page six the code summary this page was initially at the back of the code and it has been moved up front that's why you notice all the red line on page seven the eeo statement the eeo none discrimination statement has been moved from the back of the code to the front if you go to page 10 which is with ferpa language is added to section 2 to allow parents to supplement their child's educational record if the parent requests an amendment to the record and the request is denied on page 11 again with dealing with ferpa the language

286is updated pertaining to the release of directory information in addition a link is provided for parents to find the form to opt out of the release of directory information the information may be released is updated to reflect the information in board policy jra and at the bottom of page 11 there is notification that if a parent opts out of the release of directory information they may not receive mailings from third-party vendors with information between two items such as class rings yearbooks summer camps and etc if you turn to page 13 student rights and responsibilities pursuant to section 1006.07 florida statutes the following student rights was added to have knowledge of the code of student conduct and the following student responsibility was added to follow the guidelines set forth in the code of student conduct also

287at the bottom of page 13 under freedom speech expression the following was added to student responsibilities refrain from using speech or expression that could substantially disrupt the learning environment or harm the health safety or welfare of others on page 14 also dealing with students rights and responsibilities student records was removed as student records are discussed in section 1. on page 15 under safe harbor provision safe harbor is rewarded for better student comprehension in addition the following notification is added law enforcement may be contacted for specific offenses which may include but are not limited to firearms drugs explosive devices objects not allowed by the code that are discovered during the random search are not protected by safe harbor also on page 15 we have updated the participation in extracurricular co-curricular activities um we change inter scholastic

288and intra scholastic removed and replaced with extracurricular and co-curricular in addition the following statement has been added schools reserve the right to remove any student from any offense of the code which substantially disrupts the school or community the bottom of the section references references policy jj for additional information pages 16 and 17 the code of civility okay you see a lot of red because the code of civility was moved from the back of the code from pages 22 to 23. on page 19 under student dress there were minimal is removed to notate that the standards contained here in are the dress code standards for all ocps orange oc orange county public school schools number six and seven were combined to avoid repetitive language head gear is updated to include examples the four finger rule for

289tank tops has been replaced with three inches as a requirement and a requirement has been added to state that any adjustments to the dress code may be made upon approval of the area superintendent if you turn to page 20 under transportation students are permitted to use their electronic device while on ocps transportation so long as they have headphones slash earbuds and they have one ear free to hear directions page 24. okay what deals with um truancy we have changed the title to fail to attend classes and reference skipping in the section there is also a statement included referencing the loss of privilege to attain a driver's license if the student is drawn from school this language comes from the florida florida statute also on page 24 on the cell phone policy for students language was

290added to allow the principal to grant exemptions for cell phone use on campus during the school day on page 26 out of school suspension pass and restorative justice we create a section pertaining to out of school suspension and the a2s program that is available to some students a2s allows students to attend an alternative site during that time of suspension to complete assignments from teachers while being provided character education for life and social skills training on the same page under positive alternative school suspension there is language added to state that restorative practices are used in congruence with past also on page 26 where service justice is changed to restorative practices and bullying is removed while minor sexual offenses are added on page 27 okay sexting dual enrollment and violence against school employees this section was initially

291located in the back of the code on page 55 but was moved under section 3 student notifications under sexting section we have added using any computer or electronic device to the definition of sexting at the bottom of page 27 the two new sections were added dual enrollment um post secondary notification and violence against school employees the dual enrollment section is added to inform students and parents of the requirement ocps has of post-secondary schools through agreements to inform the school of interdisciplinary offenses that occur on an ocbs campus for a student that is attending a dual enrollment program the post-secondary school also has the same notification requirement the violence against school employee sections was added pursuant to section 1006.07 florida statutes requiring a notification that students may be disciplined for any violence against a school employee

292contracted personnel or volunteer on page 28 threats are false reports another new section was added pursuant to section 1006.00 florida statutes which notifies parents and students that any threat or false report will result in expulsion with or without continued education services for one school year pages 31 through 30 31 through 4 to 1 discipline response code for secondary cell examples or clarifying language have been added to levels one through four to show the difference between the varying levels of discipline we will not review each example however these infractions include level one profane obscene or abusive language levels one through three for disrespect levels one through three for horseplay levels one through four for harassment levels two through four for threats levels two through four for bullying levels two through four for sexual harassment levels three

293and four extortion levels three and four hazing if you turn to page three to one unauthorized absences also on page three to one under level 1m unauthorized absence from school the definition is modified to define skipping as opposed to truancy on page 32 horseplay horseplay is a new offense that has been added to levels one through three and is defined as any rough uncontrolled play or prank that involves two or more students in addition uh knows that all consequences for levels one through four have been moved to a box and updated also in levels one through four the phrase referred to mental health services has been refined has been revised to referral to guidance services for level one consequences parent gardening contact is mandatory peer mediation behavior plan contract and wednesday schools have all been

294removed on page 33 level 2 due process language has been added at the beginning levels 2 through 4 which mirrors level 1. page 34 2a bullying on page 34 we have added ocps employees volunteers our contractor personnel to the bullying offense and under level two consequences wednesday or saturday has been removed as a response page 35 level three the opening statement for level three has been revised to read level three offenses are major acts of misconduct that erupts that disrupts the early operation of the school school function or approves transportation that threatens the health safety and property of others on page 36 3g fireworks under section g fireworks i'm sorry firecrackers fireworks igniting has been removed and added to level 4h firearm destruct devices under section under section l smoking and other use of tobacco

295products joules have been added as a as an example and the phrase does not contain thc has also been added to different differentiate between a level 3 and level 4 offense page 37 consequences for level 3 under the consequence section saturday school has been replaced with detention page 39 introduction 4d battery and foreign sighting the first sentence under level 4 has been revised to state that students should be suspended for 10 days with a potential recommendation for expulsion in the middle of the page under 4-d battery the phrase in severe cases the battery of a student may be the basis for expulsion has been removed since all level fours could result in expulsion at the bottom of the page the title and definition for a 4i has been revised to match the title and definition

296provided by assessor through fldoe on page 40. 4m robbery extortion for oh sexual harassment and 4-piece sexual offense under 4m robbery extortion extortion has been removed and provided its own category on the 4bb located on page 41. also on page 39 the definition for 40 sexual harassment has been revised to match the definition provided by cesar through the fldoe and language pertaining to sexual harassment has been removed from 4p sexual offenses to avoid confusion page 41 4b for the bullying for why physical attack and 4z sexual assault on page 41 the definition of bullying has been revised to match the definition provided by sessor through the fldoe also on page 41 students have been added to level 4y physical attack and language has been removed from 4z sexual assault as the language is procedural pages

29744 through 53 disciplinary code for elementary the majority of the edits you will see to the elementary code include making the language more developmentally appropriate adding examples and providing clarifying language to differentiate between the varying levels in addition we have we have ensured that the elementary code aligns with the secondary code the infractions in the elementary code that have been edited to include examples clarifying language are level one j profane obscene or abusive language levels one through three electronic device violation levels one through four harassment levels one through three misconduct on the bus levels one through three horseplay level two insubordination levels two through four just other levels two through four threats levels two through four bullying levels two through four sexual harassment level three disrespect level three gross insubordination level three contraband and level

298four extortion page four to four tardiness and unauthorized absence from class on page four to four under level 1l tardiness and 1m authorized absence from school the definitions are modified to define skipping as opposed to truancy on page 45 consequences the consequent sections for levels one through four of the elementary code have also been moved to a box and updated in addition in levels one through four the phrase referral to mental health services have been revised to referral to guidance services for level 1 consequences verbal reprimand detention and return of property were added make you pay or replace damaged property make you stay after school and make a plan for you to follow with consequences have all been removed on page 46 level 2 on page 46 the last sentence was added to the introduction

299out of school suspension is not an available disciplinary response for a level 2 violation on page 47. i'm sorry i'm page 40 i'm lost okay on page 47 consequence for level 2. on the consequence session section on page 47 for level 2 offenses the following was removed remove you from class and assign you to other activities or jobs at the school make you pay for or replace damaged property use a response from level 1 and participate in peer mediation on page 48 level 3 the opening statement for level 3 has been revised to match secondary also in the middle of page 48 under section 3g firecrackers fireworks igniting has been removed and added to level 4h firearms destructive devices at the bottom of page at the bottom of the page under section l smoking and

300other use of tobacco products jewels have been added as an example and the phrase does not contain thc has also been added to differentiate between a 3 and a 4 offense on page 50. consequences for level three under the consequence section on page 50 the following has been added detention and referral to intervention program the phrases that were removed from the level three consequences include remove you from the bus expulsion refer you to a preventive or treatment program make payment or restitution for damages and use a response from level two on page 51 level 4 the first sentence under level 4 on page 51 has been revised to match secondary in addition the due process statement contained in the introduction has been revised to match all other levels including secondary also on page 51 under

3014a alcohol the terms giving and asking for alcohol has been added at the bottom of page 51 the title and definition has been revised to match the secondary and the set and assessor definition as provided by fldoe on page 52 4m robbery extortion 40 sexual harassment and 4-piece sexual offense on page 52 level 4 m extortion has been removed and given its own code on page 53 which is now 4 bb for extortion also on page 52 about midway down the definitions for 40 sexual harassment and four peace sexual offense has been revised to align with secondary on page 53. 4y physical attack for z sexual assault for a district technology violation and level 4 consequences on page 53 students have been added to level 4 physical attack and language has been removed from 4z

302sexual assault as the language is procedural also on page 53 the term unauthorized has been added to for a a district technology violation under the consequences section the phrase possible referral to counseling program was removed on page 55 procedures for level one to three offenses the title has been revised to include for elementary and secondary on page 56 procedures for level one through three offenses the procedures for levels one 1-3 consistently mention suspension the language has been modified throughout as suspension is not the only consequence a student may receive for a level one through three offense in addition on the step eight a parent can appeal a level 1-3 decision to the area administrator the phrase nor may or parent utilize this appeal to challenge the factual findings made by the principle with regards to

303necessity for the suspension has been removed as the air administrator will review the facts to ensure the facts meet the criteria for a level one through three offense page 57 procedures for level four offenses step 5 on page 57 was created for organizational purposes and the language was removed from steps from step 6. step 6 on the same page removes the phrase determine if there is documentation or evidence that the student has a disability requiring exceptional educational services as this is a function of the manifestation determination team not the area administrator in addition under step 6 the following phrase has been added the parent guardian student may elect to bring additional parties to the discipline team meeting of their choosing the original step 6 has been removed and is repetitive of step 5 and out

304of place the administrative hearing should come before direct recommendation to the superintendent and board this language has been moved to step 9 on page 58. pages 59 through 61 procedures for idea and 504 similar changes were made for procedures for students who are eligible for services under ida or 504 ada the phrase a manifestation determination is not required for the first 10 days of suspension or removal has been revised to a manifestation determination is not required until the student has been suspended removed in most circumstances for 10 cumulative or collective also on pages 59 and 61 under step 3 the language has been revised to show that the discipline meeting and manifestation determination are two separate meetings under step four on both pages the language is revised to state that your procedural safeguards must be

305provided to parents not explained page 60 procedures for ida under points of account under points of clarification on page 60 the word expedited is removed page 64 procedures for early re-entry of fully expelled students the introductory paragraph on page 64 includes virtual and charter schools and alert parents that early re-entry will place a student at an alternative placement site the decision of early injury has been revised from being the decision of the home principal to be in the decision of the arab superintendent or designee step one as language notifying parent students that they can apply for early re-entry midway through the expulsion to the area superintendent step two has been revised and moved to step three the new step 2 includes documentation that must be provided before an early entry will be considered to show

306what the student has done while out of school step four requires the re-entry plan to be submitted to the superintendent who can then recommend the early re-entry to the board for approval thank you madam chair board members and dr jenkins for your time and input on the 2019 to 2020 code of student conduct this includes our presentation for version 1.0 dr jenkins thank you thank you all right let's see if we have any members of the public they wish to adjust the board no um we have a slateful member gordon my my my remarkable this should be dancing with the stars i know karen took a lot of time with you i think yes i know that i did and dr jenkins this is what i'm talking about the positiveness they did not get paid

307for staying as long as they did with us but i'm i'm telling you when but i mean we ask every question in the book now i heard that somebody said that i took four hours but i had it documented in my book that i allowed everybody to leave at two and a half hours and it was late in the evening but i i love it because i cannot thank you enough you actually took the time you didn't have to do it and we asked oh i'm not the only one i know they're going to come and say but this is what i'm talking about when you meet with us and we get a chance to talk to you and tell you and add in and bring back you're just so darn professional and not that

308others are not but you did not get angry you took a lot of time and i know your class when you went out the door but it's all right you know but you did a remarkable job and you're so darn professional and i and i wrote down so many um one nice thing i really wanted to say everything that this new board has asked about the right to explain the charter schools the es look at this i love it the the due process at every level i mean i cannot commend you dr jenkins this is a terrific team i cannot commend you and i do have to apologize to the school psychologist because not the school psychologist but the legal counsel because um woody was in there with us the general counsel she couldn't come

309you could but i gave you hell excuse me i apologize i am so sorry i didn't know you were that brilliant but he tried to tell me you know that you were y'all got more okay you you this is just awesome but your team i love the way you all have worked together when i asked a question everybody had the same where did you all get this from how did you come up with this you know the team the team the team everything was the team uh that's that's ocps and i i just can't thank woody enough with the legal department i mean you have an awesome legal department but you all are one of the most patient group with over 60 something pages and i timed you you started at 8 35 and you

310ended at nine in your presentation and you had over 65 pages so i love you guys i really do because you took time with us to make us understand this code and you added in things that we wanted and we even gave that with the superintendent and legal counsel and gave thanks for this one was for 2018-19 [Music] and we even have given things that we talked about later based on uh parents coming in and saying i'm not going to sign this paper so we said well in 2019-20 we'll go back and dr jenkins gave us some good things that we could say to add to combat that and make it comfortable for everybody but i want to say this is dancing with the stars you guys have really done a remarkable job i'm sorry

311i bet it's late in the evening and i promised susan and uh linda sutherland that i would keep the joy going on the board late in the evening but my god thank you madam chair i can't even say what's on my mind i cannot say what's on my mind thanks for the m m's let me let me put it this way if only if only i could borrow an ounce of your energy and enthusiasm at 905 in the evening i don't know where it comes from all right we have an intercession by um uh mr rodriguez or the superintendent one of them i'm gonna jump in and so great job you're kind enough to see that i brought you some it's not dark chocolate but it's close enough right yeah right yeah but it's because

312i come bearing false gifts there is a little bit more left to the presentation you just heard 1.0 we're going to refer to it as 1.0 these are all the changes that were originally advertised and they were proposed and then they had done one round of meetings with you all then they did a second round and explained to you what these changes were but as a result of that a number of you had additional comments there were a couple of changes in the law and so without further ado i'm going to let them do version the second act of their play and then if we could if it's at the you know discretion of the board hold off your comments until then because you may see some of the changes you've proposed this version 2.0

313the the additional changes will come back in a second policy revision at that time i'm hoping there will be no additional changes because really we have to get it finalized in time for the new year it'll be approved at the july meeting but so with that um madam chairman i turned it over to our team to be able to present version 2.0 and we have more peanuts and without so just raise your hand if you need something this will be painless yeah it should okay well the the main person's pain i'm worried about right this minute is is it mickey yes do you have to do this one too no ma'am oh good because that was a lot good to read all of that for 35 minutes okay good okay good somebody else take up

314all right thank you now we know why now we know why i didn't yeah so okay i will again present the policy uh jic and the area administrators specifically mr bolliard we'll present the code can you pull your mic in a little closer yes i can sorry oh okay so on pages three through five sir can you hear me that's it can you hear me now you might just want to pull it off yeah but go ahead on pages three through five the zero tolerance for school-related violent crime so all the changes made herein are due to legislative updates from um senate bill 70-30 and section 1006.13 of the florida statutes as amended so you will see the term sirius is taken out and that's again to follow those changes in the in the statute

315where any threats are going to be reported doesn't have to be necessarily a serious threat but all threats are going to be consulted with sros and then also down here at the bottom of page 3 it says such acts may include but are not limited to and that is changed to such acts do not require consultation with law enforcement so petty active misconduct means that we don't have to consult with law enforcement we typically do if it's going to be criminal in nature on page five um you will see that the language is modified and that's to match the statute verbatim so we didn't come up with any of that we are just reorganizing to make sure it's aligned with the statute on page seven um as suggested by madam chair jacobs we have removed

316that number three right in front of if a school meets the expulsion criterion i did go back and i reviewed the unsafe school choice option as reauthorized by the elementary and secondary education act and there's actually not supposed to be a subsection there so thank you very much for that catch because that shouldn't have been there i think it was inadvertently added in prior years and that's to avoid confusion and then if we go to sorry page 9 through 10 under the personally owned devices and student-issued devices again as suggested as madam chair by madam chair jacobs the jurisdictional language contained in subsection a under both sections two and three has been moved up to ensure that the language applies to that entire section and not just to a so it's just a reformatting issue

317and then again you'll see that on page 10. and then on pages 12 and 13 you'll see changes to the student hazing section and all the changes made here to align with section 1006.135 of the florida statutes so in this legislative session they updated the secondary or the post-secondary i apologize the post-secondary statute for hazing which gave me pause to go back and check the 6 through 12 hazing statute so we went in and we changed the definition to match the statutory definition and we also added on page 13 that any student employee parent guardian or third party who has knowledge or engages in conduct and violation of this policy or feels they've been a victim of hazing shall immediately report the concern to school officials and it can be done so anonymously and that's

318directly from statute and then number 12 says anyone who is a victim or perpetrator of hazing will be referred to the school guidance counselor and again that's straight out of statute so with that i will turn it over to mr bulliard to go over the code before we start just as a comment the reason we put two things on there the reason we put your names if you suggested a change is if there's a question about it we want to make sure that if you have any additional thoughts on that you may also remind you that that was a change you brought up during linear sessions also because none of these changes had come to you before we couldn't share these with you before tonight's meeting so just to also show you that your changes

319should have been incorporated so if all right miss danny please just let us know i said if we if we missed any of your changes please just let us know we try to document all of that thank you all right all right good evening on page one on the acknowledgement page we have added information pertaining to fortify florida as suggested by board member gallo and staff in addition we have modified the notice to parents guardians at the bottom of the form to ask parents to sign and return the form to their child's school as suggested by board member caster dental currently students in grades 6 through 12 have the ability to sign the acknowledgement page on their device the schools should could and some schools do print out the acknowledgement page for every student to

320send home and a copy is kept at the school in a file the parents are not required by statute to sign or return the acknowledgement page and the student would not be relieved of discipline for the parents failure or refusal to sign we move on to page eight as suggested by board member gallo we have added the following to phrase number three please note per ferpa disciplinary records are also considered educational records and cannot be disclosed unless one of the above exceptions applies this is to deter parents from requesting disciplinary records pertaining to other students page nine as suggested by board member caster dental we have revised the language pertaining to the release of directory information to read please note directory information as permitted by the school board of orange county florida board will will

321only be shared with contracted vendors and pursuant to board policy jra entitled student records in addition staff has recommended that the term vendor be changed to entity to include all parties moving to page 17 as suggested by board member coburn we have added number 13. individual schools may implement school uniforms with community input and approval of the principal supervisor in addition staff has recommended that the area superintendent be changed to the principal supervisor page 18 [Music] as suggested by staff number 12 is revised 2 refrain from littering on the bus as some students are permitted to bring food slash drinks on the bus in addition staff has recommended number 13 add the phrase unrelated to school activities in reference to animals bugs etc brought on the bus staff has also recommended that number 14 be

322removed as some students who are in band do not have an option but to bring their instrument on the bus and skateboards have been moved to number 20 as recommended by staff page 21 serious is removed from the section relating to zero tolerance as required by uh statute or what is that policy statute 70 30 and amended section 1006.13 florida statutes page 23 this section has been modified to match existing statutory language in addition as suggested by staff reporting through the student grievance procedure has been removed as parents slash community may not know how to make such a report page 24 this language was modified to match the rest of the code with references to threads pages 26 and 37 as suggested by board member byrd the following statement has been added to the introduction

323of the disciplinary response code some offenses require consultation with law enforcement if the offense is deemed to be a violation of state or federal laws pages 26 28 and 30. as suggested by board member caster dental we have added students ocps employees volunteers or contracted personnel to disrespect page 26 as suggested by staff to avoid confusion with disrespect and profane language the phrase not directed at another person is added to level 1j pages 30 and 41 as suggested by board member bird cbd oil has been added to 3j contraband for both secondary and elementary page 37 as suggested by staff the phrase for your school is removed from level 1e dress code and page 48 as suggested by board member byrd elementary and secondary are added to the title of procedures for level four offenses

324thank you okay so a minute ago a few minutes ago i asked there was public comment was i premature okay any public comment all right we're loaded up again remember castro dental thank you madam chair and you guys have done an awesome job this is so much more clear um just the formatting is makes it easier to understand and then the changes in the terminologies i think this will have an impact when um kids are learning what's acceptable and what's not and when people are applying the consequences so i think this is very important and you've done a great job i have a question um my question goes back to the student the directory information let me get back there page like 11. oh it depends on which version i'm looking at the latest version

325it's page nine on version 2.0 okay page nine so i'm getting there okay um i appreciate the changes that you made there but i have um questions when it comes to the directory information um it looks like some of the information that we would release needs board approval but then there's also like school level access like almost like a principal can allow certain information out i don't know who the the gatekeepers are of the information so are you um are you asking who who would release this information yes who would release it and then also if someone did opt out who's who's monitoring that that student's information is not released so is it is there um a way to prevent information being released at the school level and at the district level i'm going to

326defer to it is my understanding that in the sms system which was going to switch to skyward that you would have a check box on there i'm going to look to see if maria perhaps uh superint area super deputy superintendent vasquez can answer that question but in the system itself it should be reflected that you've opted out and so that is the trigger that you have to tell us you're opting out because most of the information you're getting when it comes a directory information is information the parents are going to want to receive it's only very rarely that you get a situation where they don't want to receive that information um okay i have a follow-up question when i look at the the the listing of the different types of information that directory information may

327include um i just i go back to my thoughts of again this isn't our information to share and i wonder if if it's possible to strike all of that information from being released except for the federal law authorizes military recruiters to obtain telephone numbers in high of high school students and then that is the only piece of information that parents can then opt out of um and i know i the different vendors like class rings and yearbooks and class pictures they those um those vendors or people that we contract with they don't really need that information that we provide for them to continue doing their business they do they send out flyers or they post something on the school's website so that parents can reach out to them so i just i don't know if

328if sharing student information is necessary for them to even um conduct their business so remember castro dental there's there because all of those are listed doesn't mean that every vendor vendor or entity gets all of that information that is the complete list under ferpa that is permissible to be disclosed as directory information so for example the orlando sentinel calls us and they share with us that they're going to do a story on one of our student athletes and they want to talk about how great their grades are and what school they attend and that they're the starting linebacker that is information that we would have to tie in and be able to say in the code this is the kind of information we may release on your child unless you tell us you want to

329opt out so that's why that's there when our vendors are being contracted with usually all we're providing is usually name and address it's not even phone number i don't know that we give out the phone numbers to vendors because we don't think we want them calling on our behalf or on behalf of ocps i could be wrong about that but i think it's usually just name and address and that's all we give them and it's typically to communicate information such as rings the yearbook pictures some of that in some schools goes home with the school and in other cases they do mail it out but okay okay madam chair so one additional clarification remember caster dental is specifically the wording was changed to entities instead of vendor because we have partnerships with city year for

330example where they have partners that are in the school working with individual students students at risk and we share some data with them as well and so i don't want you to think purely vendors but think of entities that we may have partnerships in with data sharing okay it does and i and i want to be able to you know restrict as much as possible information that isn't ours to share but i understand a partner using that information in an in a positive way that gives them feedback about the program that but maybe we can look at just even limiting some of the information that isn't necessary for those kinds of programs so just an idea madam please and so i want to be clear too this language still would have that come to the

331board and an mou is typically developed and we can limit that at any time i don't i don't want you to think there's a blanket dispersal it would still it's at the board's approval and through an mou usually with other entities we can limit that okay i just want to make sure that those are that um i unders i understand what you're saying and i still kind of lean towards the the side of restricting information even if it was a news organization calling i would still say contact the parents they have that information with the news we do not give it to the news because they're not a contracted entity so that is part of the reason why the policies written this way is that they can't have access to that which we don't provide

332to the general public some some districts by the way do not require a contract so in in some ways we have already closed siphoned it off some by saying it's got to come to the board with a contract provision i'm just wondering is it would it be helpful if those contracts that have that provision if that was identified in the descriptor when it comes to the board docs i mean that maybe we can have a separate conversation about your concern because you're obviously concerned about the disclosure of this and i'm trying to figure out the examples we've given i think are benign for most individuals they would want to get that information some folks don't want to get anything and we hear from those and we take we exempt them out but uh well this

333the way this is described is better than it has been before and i think in the past parents did not understand directory information applied to the school district sharing their kids information to people they didn't know they were thinking it was if they even saw it they thought it was a school directory with their kids name and class and their teacher so this is a step in the right direction this outlines it it makes it clear i would like to go a couple steps farther but i at least recognize that this is a an improvement i can just wait and see what other board members think maybe it's just my concern alone but it's it's something to continue to learn more about thank you member caster dental member gala madam chair um first and i

334don't know if this is something that would go into policy or into this policy into the student code of context but we just the legislature just approved um sanctuary cities and a component of sanctuary cities is um the reporting of immigrants illegal immigrants now i'm being told that that falls under ferpa so as a district we would not have to report or give up that information but i know that in this in the code of conduct i did see where we were you know trying to make parents aware that what educational data we can't share and i didn't know if this might be the appropriate place if it's even valid that we could put in here that under ferpa that information stays with the district if that's even the case because my concern is this

335i don't i'm concerned that parents will be nervous about giving us any information and are sharing of information that they think that that ice or somebody like that can get a hold of it and what is i guess our responsibility as a school district in regards to ferpa and illegal immigrants and maybe that's not a conversation for tonight but if it's not then we need to have it thank you that's rodriguez is that it well i'm going to try and answer it by turning it to uh attorney sarah kapesky she did some recent research on this and it was with regards to the registration she also supports our registration team and carol mcgowan's group and there were some questions that came up about whether or not we can even ask for some of that information

336at the outset so whether or not we would even be able to confirm or deny whether that was requested do you recall the study we had on that and the research conducted by our intern um it actually initially came to me because students were enrolling on a tourist visa and um the question was are we allowed to look at that are we allowed to deny enrollment because of it and the answer is no so there's very well established case law that's been established by the united states supreme court that says that we have to enroll every child no matter what so we don't ask and we don't document it and we just enroll them so that's not information that we have that we keep on record we have no record responsive to that request unless

337the legislature says otherwise so if i don't know the new law and i don't have eileen or woody here at my dispo or cody here at my disposal to kind of go through and figure out where their what those changes are but we'll certainly look at that and see if there is a change obviously we're going to have to adjust for that if the legislature is requiring it we have to figure out what does that mean and what what are we currently collecting and what can we collect if it's unconstitutional to ask for that information then i may have to advise the board you have a choice of either following the law or not following the law because you deem it to be unconstitutional and that could be a decision for the superintendent or the

338board but probably not for why don't we not get out ahead of ourselves yet yeah for 9 30 after a summit this morning let's leave it that you you're going to look into it and if there needs to be changes you'll bring those back to us yeah okay okay does that answer your question um yes it does another issue my other questions i think i answered myself there were probably there were some changes in the way we report to cesar and in our report of different things but i think because they're reporting issues it's not necessarily needed in the code of conduct great thank you member lopez thank you so much for your time and for your hard work definitely you did an amazing job um i'm gonna sound kind of repetitive with um war

339um cassarento on the structure and the format i like it a lot because it's more friendly to the reader i also like the fact that you have the charts and different um letter fonts so you have like a summary before you go in details so it's going to be easier for parents instead of just reading the whole paragraph just may maybe look at the you know at the top or maybe the problem that they're facing or something that they want to to learn and then go and read in the specific part that they want i have a question on regards um to the code of conduct because in high school we have canvas to discuss the code of conduct what do we have in middle school and elementary school so in all secondary schools they

340have the ability to view the canvas course as we get closer to being one to one at the elementary level we will then add those as it becomes available okay so i also like the fact that you have you're going to have pictures on the code of content that helps a lot so thank you so much for the visual learners okay next we have member gold mine was about uh some of the communication and some of the other comments so i am good okay and mr rodriguez you've already spoken i think that was uh you were queued up from before you have anything else you want to say to close this out you know 20 minutes or less really think i mean i had uh miss corinne out there asked charlie ross who's been here

341for a few years um i think his mustache was a little darker when he started with us in this section but uh we've had i've been here for it'll be my 10th year this summer starting my 10th year we've had several lawyers now with uh this section and sarah kapesky and only her second year has undertaken she was a former teacher so she lived it but that's not to say that you know jared brooks and eileen fernandez who both did great jobs in reviewing the code of conduct so with her and the re and dragging the rest of the team because i'm sure they all were excited the day she walked in says i want to redo the entire code of conduct and uh so we thank you because this is a ridiculously large project

342but she's undertaken in just her second year and um we appreciate her for doing that as well as the rest of the team that's been a lot of hours also on this project so thank you i still have two more minutes uh miss vasquez no you don't have two more minutes did you say you have two more minutes okay uh dr jenkins anything else all right this meeting's adjourned