The School Board of Escambia County, Florida, convened in Workshop Meeting at 9:01 a.m., in the Board Room at the Administrative Building, 215 West Garden Street, with the following present:

Chairman: Dr. Hal Mason Vice Chairman: Mrs. Cary Stidham

Members: Dr. John DeWitt

Mrs. Janice Gilley

Dr. Elmer Jenkins

School Board Attorney: Mrs. Maureen George

Superintendent of Schools: Mr. Jerome Watson, Deputy Superintendent, was present representing Mr. Jim May

I. CALL TO ORDER

Dr. Mason called the workshop to order at 9:01 a.m.

II. COMMENTS FROM SUPERINTENDENT

Deputy Superintendent Watson listed additions and deletions to the agenda.

The following items were moved forward:

XII. ITEMS FROM THE BOARD

1. Informational Report from Citizens' Advisory Committee (CAC) for Finance

Father Jack Gray, CAC Committee Member, reported that the committee had met this week and dealt with reporting of budgetary information and reviewed various formats in which budgets are presented in School Districts throughout the state. He stated that the committee wished to encourage a program that Mrs. Patricia Wascom, Assistant Superintendent for Finance and Business Affairs, has advised is underway in the district for reformatting district budgets and could provide a costs benefit analysis of how the budget is put together and monies spent. He noted the committee had looked at the Lee County School District format as one alternative that is very effective in giving a good picture of how district monies are spent. Mrs. Gilley asked if the Lee County budget was incremental or performance based. Father Gray stated that it does have performance criteria to show where money has been spent by individual schools and how their performance rating has evolved.

2. Curriculum & Instruction & Transportation:

A. Informational Report from Citizens' Advisory Committee (CAC) for Curriculum

Dr. Jenkins reported that the committee met on July 14, and set up criteria to

be used in the study that the district is going to do on the pros and cons of the year-round calendar. He noted the committee has also divided into two groups with one to work with A. A. Dixon and the second group to work with Spencer Bibbs Elementary School.

B. Informational Report from Citizens' Advisory Committee (CAC) for Technology

Dr. DeWitt advised that the committee will meet on July 19 to review the

minimum requirements for all technology, computers, and hardware services and to review existing purchasing policies to address upgrades to minimum requirements.

3. Informational Report from Citizens' Advisory Committee (CAC) for Facilities

Mrs. Stidham reported that as previously discussed in workshop, the committee

plans to review capital outlay budget information.

The meeting returned to the regular agenda.

II. COMMENTS FROM SUPERINTENDENT

PRESENTATION - CHILD VICTIM RAPID RESPONSE

Dr. Robin Largue, Director of Secondary Education, introduced Ms. Pam Schuster, with the Child Protection Team representing Northwest Florida Comprehensive Services for Children, which provides aid to child victims, primarily abuse, neglect, and victims of sexual abuse. She advised that this program has a director, working with interns from The University of West Florida, to put advocates into the schools to deal with children who are victimized, children who are involved in domestic violence or in other areas of violence. The primary goal of the program is identification of children who are victimized and to support child victims and their families. This has been a pilot project in five other School Districts around the state. The program would designate three schools on a feeder pattern - elementary, middle, and high school, and the employees involved in the program would be paid through Northwest Florida and Victims of Crime Administration. The School Board would be asked to allow employees into the school system an office space in order to allow students confidentiality. Dr. Mason inquired concerning funding. Ms. Schuster noted that the Attorney General's Office plans to fund this grant for three years and reevaluate at that time as to results. Mrs. Gilley asked if there was a Children's Advocacy Center in Pensacola. Ms. Schuster stated that they have been working towards that on behalf of the Child Protection Team/Northwest Florida Comprehensive Services for Children, and other agencies involved in that effort include prosecution, law enforcement, and the school system. Dr. DeWitt expressed support for the program but stated that it should be coordinated with other services. Mr. Watson noted that the program will network with the visiting teacher department and school guidance counselors. Mrs. Stidham inquired concerning selection of the schools and Ms. Schuster indicated that the population could be determined in correlation with some of the lower performing schools. She added that a major goal of the program is to make sure that there is coordination with staffing involved; in addition, one of the requirements of the Attorney General's Office is that Northwest Florida as the host agency develop interagency agreements with the schools, law enforcement, domestic violence programs, Children and Families programs, and the Child Protection Team in order to provide services effectively and prevent duplication.

III. PROPOSED ADDITIONS OR REVISIONS TO SCHOOL DISTRICT RULES

A. Permission to Advertise

1. School Board Rule 6Gx17-5.05(4) NON-SCHOOL USE OF EDUCATIONAL FACILITIES - SCHEDULE OF FEES

Dr. DeWitt commented concerning the expense of renovations that were

done to make the pool at Washington High School a Class A pool again, and he asked why the pool rental fees were not higher. Dr. Robin Largue, Director of Secondary Education, advised that an internal audit was done at Washington High School and found that they were not operating illegally but there was nothing in the rule to call for specific payment or charge, so a meeting was held with the principal, pool director, Mr. Gene Pettis, Assistant Superintendent for Curriculum and Instruction, and Mr. Sam Scallan, Director of Internal Auditing, and this fee

schedule was proposed to be part of policy. Mr. Scallan stated that this would be for a non-school group with a fairly low fee set because it is considered a public facility and all of the schools are open and available to the public for a reasonable fee. He noted it is the Board's option to set the fee. Regarding rental by outside groups, Dr. Largue advised that the pool is used consistently by groups such as swim teams and also in the summer by various other groups like daycare centers. Dr. DeWitt requested that more data be provided in terms of how much the pool is used and costs to open the pool for a day. After discussion, Dr. Mason requested that this item be pulled with staff to bring back additional information at a subsequent meeting.

IV. STUDENT TRANSFERS

Dr. Jenkins asked that the Transfer Committee emphasize not transferring too many students from Wedgewood Middle School. Dr. Mason commented that by contract there is a limited number that can be transferred. Dr. DeWitt requested clarification as to Board approval of transfers of students leaving Bibbs or Dixon Elementary Schools to attend private schools as part of the voucher program. Dr. Mason asked for comment from the Board Attorney. Mrs. George advised that the state can preempt the federal court desegregation order, because the only party to the desegregation order is Escambia County. Dr. DeWitt also discussed concerns regarding an instance where the Board had legally transferred one student from Bibbs to another school, and the student also has a voucher. Discussion was held to the effect that the Legislature should look at this further in terms of providing clear guidance. Dr. Mason commented that the law was implemented before regulations were provided and the Board Attorney advised that regulations would be forthcoming within 180 days.

V. HUMAN RESOURCES

A. Instructional

8. Special Requests

Dr. Jenkins expressed concern about teachers placed on fourth year

contract when they would normally be going up for professional contract. Dr. Clarence Ladner, Special Assistant for School/Community Services, commented that the basis of fourth year contract could involve extenuating circumstances and could also provide the principal another opportunity for evaluation. The Deputy Superintendent stated that the principals make that commitment in terms of the continuing contract. Ms. Mary Helen Fryman, Director of Human Resources, stated that there are unusual circumstances occasionally as far as certification; i.e., Elementary Education and Early Childhood, and this provides a means of reappointment and gives them one more chance to pick up the course work they need. Dr. Jenkins stated that he will follow up with Ms. Fryman in terms of looking at the total number and makeup of the personnel in the fourth year category.

VI. FINANCE

3. Statements for Legal Services:

a) Edward P. Fleming, P. A. $4,449.22

b) Edward P. Fleming, P. A. $ 186.74

c) Edward P. Fleming, P. A. $ 27.00

d) Edward P. Fleming, P. A. $ 105.00

e) Edward P. Fleming, P. A. $5,763.38

f) Edward P. Fleming, P. A. $ 642.06

Dr. Jenkins discussed concerns related to attorney fees in the amount of $10,000 this

month and $12,000 last month. Dr. DeWitt inquired concerning the cost of over $5,000 for research concerning the declaratory judgement. Mrs. George advised that the judge had determined that this was a case of first impression which meant that this issue had never come up before in the State of Florida so research was required which also provided a long-term investment. Mrs. George stated that she did not think that the bill was excessive.

Concerning discussion from the prior Budget Workshop, Mrs. Gilley obtained clarification that additional information will be provided concerning out-of-county travel, and the Five-Year District Work Plan will be presented at a subsequent meeting. Mrs. Stidham stated that she would make a motion at the Board Meeting to provide specific directions concerning starting the budget process on an earlier time line for next year's budget. Ms. Barbara Linker, Director of Budgeting, noted that the Lee County budget format provides very limited information and added that collaborative discussions will be needed to be sure the format to be agreed upon will provide the information which the Board needs to make decisions.

VII. PURCHASING

5. Annual Agreement Renewal: Professional Consulting and Training Services for Navy

Point Elementary School

Ms. Zena Minor, Assistant Principal, Navy Point Elementary School, read a letter

on behalf of Ms. Patsy Goolsby, Principal, in support of retaining the professional consulting and training services provided by Mr. David Joiner at Navy Point Elementary School. Dr. DeWitt questioned the legalities and spoke concerning the possibility of hiring Mr. Joiner as an out-of-field non-certified person. After discussion, Ms. Annette McArthur, Director of Elementary Education, noted that the Board had approved the agreement last year and also conveyed that Ms. Teenie Wehmeier, Certification Officer, had expressed the possibility of Mr. Joiner becoming certified in psychology and then designate him on the instructional side. Upon request of the Board, the Deputy Superintendent stated that this item will be pulled and brought back to the Board after staff has made the adjustment.

19. Change Notice #6 to Purchase Order # 164229 (Parks, Palag & Noblin, Architects/ Facilities Planning Department)

Dr. DeWitt inquired concerning the cost of $7,500 for landscaping architect services for Holm Elementary School. Mr. Ted Kirchharr, Director of Facilities Planning, stated that there were landscaping issues which required some changes to the plans on-site because the holding pond (City of Pensacola) is going to require a bigger retention wall in order to make the area safe.

22. Computer Curriculum Corporation "Full Core" Instructional Software and peripheral equipment (Tate High School)

Dr. DeWitt stated that he would abstain from voting on this item as done in the past on all items with that particular company.

VIII. FACILITIES AND MAINTENANCE

The Board recognized the following speaker:

Mr. Harry Evans, Pensacola, Florida, addressed the Board concerning settlement of construction claims and alternate dispute resolution.

IX. CURRICULUM & INSTRUCTION AND TRANSPORTATION

7. The Florida High School (FHS).

Dr. DeWitt requested further input from staff as to the benefit to students in the

district and home school students. Dr. Robin Largue, Director of Secondary Education, advised that staff was presenting this for information to the Board noting this was the first time that Board approval of the contract has been required in order to participate. She advised that Florida High School provides quarterly reports and this will be their third year of operation; however, no students have completed to date. Dr. Largue noted concerns regarding new requirements this year on AP plans and that the district has to provide the testing situations, the tests, and records concerning the results of tests for these students. There is also a stipulation that says any course taken in Florida High School does not meet NCAA eligibility because it is considered a correspondence course. Dr. Largue suggested that if the Board supports this, staff would recommend getting more information out to schools, parents, and students who might be interested to advise them of the limits and requirements. Dr. DeWitt expressed that there were too many unanswered

questions and that he would not support the contract due to concerns about requirements placed on the district by FHS. Dr. Largue expressed that the advantage of the program would be for students in an area such as Northview High School where the population is limited. Mrs. Gilley asked if any determination had been made as to why students had not completed. Dr. Largue stated that information was requested but FHS had not provided that type of evaluation.

X. INTERNAL AUDITING

Dr. DeWitt requested explanation concerning a number of computers and items missing from the Special Education and Transportation Departments. Mr. Ray Donnelly, Director of Property Control, reported that the last missing item (a remote for a transmitter) for Transportation was found yesterday. He explained that the district had ordered a transmitter which was not available at that time and the vendor substituted and they did not know about it. He noted staff conferred with the vendor yesterday and resolved the matter. Mr. Donnelly advised that Special Education has a lot of items that are in other schools and inventories have been done but the reporting was delayed in order to look for the items in the other schools. He stated that transfers are supposed to be done, and a new transfer form has been implemented and a system is in place to better track items that are loaned to schools. It was noted that the missing computer equipment is obsolete.

XI. ITEMS FROM THE SUPERINTENDENT

6. Administrative/Professional Salary Increases.

Dr. DeWitt expressed his intent to make a motion at the Board Meeting to table this item until next month. He requested a revised copy of the salaries reflecting some changes in positions and step levels with the raises earmarked accordingly. He noted that last year the Board had recommended that the salary schedule be revised to more adequately reflect some of the additional responsibilities of various staff (including high school principals and technical support) and that Board Members provide input to the Superintendent on those levels and that a new salary schedule be provided back to the Board for approval and recommendation. Upon request from Dr. Mason, Ms. Mary Helen Fryman, Director of Human Resources, clarified that Ms. Joanne Colley, a principal and employee from this district, is on special assignment working with the state.

STUDENT RECOMMENDATIONS:

16. Recommend that, consistent with the decision of the formal hearing officer, student number 99-255-411 be expelled from all public schools of Escambia County for all of the 1999-2000 school year. It is further recommended that the student be given the option to enroll, if qualified and if space is available, in an alternative educational program exclusive of regular school placement. Placement to be at the discretion of the Superintendent and to be available as an alternative during the full expulsion time frame.

Dr. DeWitt noted that Board Members had read the full transcript concerning this case. Mrs. George stated that this family and their attorney had indicated they will address the Board at the Board Meeting. She advised that options available to the Board included rejecting the Superintendent's recommendation and adjusting the penalty, noting that the Board must state the reasons with particularity for the record. Mr. Norm Ross, Principal, Pensacola High School, was present, and Mrs. George stated that the Board had asked that the knife be circulated so that the Board Members could see it; that being the one thing that was missing from the record that they were provided.

Mrs. Stidham requested that information be provided regarding what it would cost in order to move ReDirections to the old N. B. Cook School. Mr. Watson stated that Mr. Ted Kirchharr, Director of Facilities Planning, will provide that information to the Board. Mr. Charles Thomas, Director of Alternative Education, advised that he and Maintenance staff had gone to the school yesterday and some upgrades would need to occur to make the building habitable. The carpeting in the hallway is a safety issue, as well as the tile underneath the carpet, and would require asbestos abatement. Additional needs that would have to be addressed in order to utilize the building include upgrade of the bathroom areas and lowering of the ceiling. Mrs. Stidham asked how much the property appraises for and that the Board would need more information to be able to make the best financial decision. Dr. Jenkins commented that the location could provide a good site in terms of locating the three programs in one area. Dr. Mason stated that he would like to see all of the data to be able to compare it. Dr. DeWitt stated that he will make a motion at the Board Meeting to request that an appraisal be done. He noted traffic and parking concerns, and he questioned whether that would be a good location for middle school students.

The Board recognized the following speaker:

Mr. Harry Evans, Pensacola, Florida, addressed the Board concerning property acquisition.

XII. ITEMS FROM THE BOARD

ADD: 4. Item from the Board - Re: Naming Representative to Internal Audit Committee - Dr. Mason

Mr. Sam Scallan, Director of Internal Auditing, advised that a resume had been provided from Ms. Shelley Blake, former auditor for The University of West Florida. He stated that Ms. Blake, now an Executive Assistant in the Office of the Executive Vice President at the university, still maintains an active CPA license. It was noted that Ms. Blake would be considered to serve as the Board's representative on the Internal Audit Committee.

XIII. ITEMS FROM THE ATTORNEY

Regarding a Contract with Cox Communications to start televising Board meetings in July, Mrs. George indicated there was a semi-emergency in that the contract had not been approved by the Board. Mr. Bill Chavis, representative from Cox Communications, expressed that the contract did not have to be approved by the Board but would require signature in order to proceed with the work. It was noted that the amount of $500 per month is within the purview of the Superintendent to sign without Board approval because it is under $15,000. After discussion, Dr. Mason stated that there was consensus by the Board to refer this item to the Deputy Superintendent.

Mrs. George commented concerning Law Office organization, that she had conferred with

Dr. David Epperson, Assistant Superintendent for Facilities Planning and Maintenance, and drafted a delegation of authority to Dr. Epperson to assign very specific legal work to Kievit, Kelly, and Odom, attorneys under contract for routine real estate work related to easements, title searches, drafting deeds, and preparing documents for purchase and sale. Mrs. George stated that this type of arrangement could possibly be done with other departments as well, which she will evaluate on a case-by-case basis. Any other services like litigation, general legal questions or anything that would not involve preparation of documents would come through the Board Attorney.

Regarding the relationship between the administration and Mr. Joe Hammons, Attorney to the Superintendent, Mrs. George stated that she had reviewed Mr. Hammons' contract and he is responsible for employee discipline and student discipline. Mrs. George stated that, by necessity, she cannot get involved in a lot of that because these are things that start out at the administration level and come up to the Board as it were, and that would present a conflict. She stated that the administration would continue to deal with Mr. Hammons directly on those areas, although she is available to give preventative law as advice which is not related to specific cases and she will do that. Dr. DeWitt asked if Mrs. George had addressed the issue of Special Education cases with Mr. Hammons, who has typically handled those cases with Ms. Yvonne Gray, Director, Exceptional Student Education. Dr. DeWitt stated that Mrs. George has expertise in that area and suggested that she could work with Ms. Gray and take the lead on those issues.

Mrs. George stated that she had added Mr. Edward Fleming's contract (for services as interim Board Attorney) in the backup. She stated that the contract had been forwarded to Mr. Fleming for signature; however, he failed to execute the contract (as approved by the Board in June) and had proposed changes to the paralegal rates to reflect $75 per hour rather than $45 per hour. She noted that the district had been paying the $75 rate for the past nine months when using that law firm, and she recommended allowing that change. Dr. DeWitt stated that he would not support revised language for paralegal services at $75 per hour, in that all of the other paralegal rates are $45 hourly. Concerning contracts with external attorneys, Dr. Mason asked for future reference that the Board Attorney remove the clause which states that the School Board will pay their legal defense. Mrs. George stated that in some situations the Board would probably have a legal obligation to pay anyway in such cases where the attorney was representing the interests and acting as agent to the School Board. She commented that the referenced clause can be taken out (as new contracts come up) without objection to the attorneys.

3. Risk Management

Mrs. George stated that Mr. Edward Fleming, former interim Board Attorney, had provided a memorandum to the Board at the May Board Meeting with four recommendations to increase the accountability of the Risk Management Trust to the Board. She stated that Mr. Fleming had said he did not think this was a legitimate trust and she concurred. She stated that was not harmful because it had not been operating as a trust anyway, but the trust structure had prevented the Board from having as much accountability as it wanted. Mrs. George noted that recommendation number 2 is already being done in that the billings of the attorneys working through Risk Management come through the Board Attorney. One recommendation involves changing the name from Risk Management Trust to Risk Management Program. Concerning recommendation number 3, dealing with the way that Risk Management is now operating, Mrs. George stated that she would like more time to look at that. After discussion, Dr. Mason stated that he was doing some research and wanted more information so without objection, he tabled this item for another month. Mr. Joe Bernard, Risk Management, stated that he had provided information to the Board Attorney regarding internal procedures and district procedures about operation of the trust.

4. Public Records Policy

Mrs. George stated that she had drafted a public records policy for Board consideration in efforts to provide something more user friendly for Board Members. She stated that one option was to put the Board Attorney and legal assistant into the process and suggested defining School Board records to be only those records that are made or received by the five Board Members. Any document that ultimately ends up in another office belongs to that office; i.e., travel invoices ultimately end up in the Finance Department and would be a Finance Department record. Dr. Mason expressed that this involves School District policy and clarification is needed as to the Superintendent serving as custodian of public records. Mrs. Stidham stated that the Superintendent would not know when Board Members receive correspondence or E-Mail at home, and she asked that clarification be provided in writing. Mrs. George stated that a recommendation is needed for the Legislature to make some changes, because the law defines the custodian of the public record as the person responsible for maintaining the office or his designee; however, the liability section of the statute says that every person who has custody of a public record will be liable for not turning it over, and clarification is needed as to custodian or the person who has the record. She commented that her research indicated that the meaning was that if you have a public record and you do not turn it over to the custodian as required or if you get a public records request that comes directly to you, and you hold something back, then you are liable no matter who the named custodian is; however, that needs to be clearer. Mrs. George noted that E-Mails are also public records. Mrs. Stidham suggested concerning E-Mail that every Board Member have an E-Mail address at the office and all E-Mail should come through that address. She stated that any E-Mails she receives at the office are forwarded to her house and perhaps the E-Mails received at home could be forwarded to the office and those could be backed up and stored by the MIS Department on a weekly basis. Dr. DeWitt spoke concerning the possibility of dedicating a server to electronically store all public records whereby documents could be scanned and provide an electronic file of records. He suggested that the Board Attorney be involved in redacting and questions involving the records. After discussion, Dr. Mason stated that there was consensus to table this item and that Dr. DeWitt develop a specific proposal through the Citizens Advisory Committee (CAC) on Technology concerning electronic storage for all public records whether they be E-Mail or letters. Mr. Bill Bush, Director of Technological Systems and MIS, advised that buying the software and the overall process would take more than one or two months due to changes that would be needed to the current mail system.

Mrs. George stated that the Superintendent has a public records process (which was never adopted as a rule) but this is how it operates and there seems to be some confusion as to whether the School Board tags on to that policy or not, so Board Members may send documents to the Superintendent as the public records custodian of the Board. Dr. DeWitt stated that he did not do that and that he has kept everything in his office. Dr. Jenkins indicated that he had also kept his records in his own office. Mrs. Stidham stated that her concern was to have a centralized location to put Board Members' records, and in the meantime, print E-Mails on a weekly basis to add to the file. Mrs. George stated that School Board records can be defined as a very small subset of documents. Mrs. Stidham suggested that more organization was needed; i.e., correspondence files which could be kept in a file cabinet for access, in the interim until the new rules are implemented.

XIV. PUBLIC FORUM

There were no speakers.

XV. ADJOURNMENT

The workshop adjourned at 11:55 a.m. (Official recordings of this meeting are filed in the Information Services Department.)

Attest: Approved:

________________________ __________________________

Superintendent Chairman