CHANGES TO MEETING AGENDA
AS OF
11-14-01


 

The School Board publishes complete and summary versions of its meeting agendas. Changes to the summary agenda for the next Board meeting are provided below.

The complete agenda may be reviewed by visiting the Citizen Information Center in room 158 of the School Board Administration Building, 1450 N.E. 2nd Avenue, weekdays between 8:00 am and 4:30 p.m.. Telephone 995-1128.

Note

In addition to viewing these summary agenda changes, you may now view the full content of each Agenda Item by clicking on the Agenda Item Number. You will need an Adobe Acrobat Reader, which may be downloaded free of charge from Adobe.

 


 
AGENDA ITEMS WITHDRAWN AFTER PUBLICATION OF THE AGENDA:

C-1
COOPERATIVE AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND MIAMI-DADE COUNTY FOR THE ESTABLISHMENT OF THE MIAMI INTERNATIONAL AIRPORT SATELLITE LEARNING CENTER

A cooperative agreement between The School Board of Miami-Dade County, Florida and Miami-Dade County to operate the Miami International Airport Satellite Learning Center was initially approved on October 4, 1988, with the most current amendment approved on June 30, 2001, for the 2001-2002 school year. Pursuant to the terms of the cooperative agreement, either party may terminate the said agreement at any time after giving 60 days written notice.

D-3 AUTHORIZATION FOR CREDIT OF EDUCATIONAL FACILITIES IMPACT FEES FOR LENNAR HOMES, INC.

In 1991, Lennar Homes, Inc. (Lennar), a developer, proffered a Declaration of Restrictions (Declaration) to Miami-Dade County, in connection with an application for a zoning change. This Declaration provided for a contribution to the School Board (Board) to mitigate the impact of the proposed residential development.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize a credit of Educational Facilities Impact Fees for Lennar Homes, Inc., in the amount of $210,400.

E-5 REQUEST FOR AUTHORIZATION TO RELEASE REQUEST FOR PROPOSAL (RFP) #046-BBIO, CASUALTY ACTUARIAL SERVICES

At the Board Meeting of May 7, 1997, the School Board awarded Coopers & Lybrand (now Price Waterhouse Coopers) the contract to provide casualty actuarial services for its casualty self insurance program, pursuant to the provisions set forth in RFP #234-TT-10, Casualty Actuarial Services. The term set forth in the RFP provided for an initial analysis with additional updates and the Board authorized annual studies through June 30, 2001. The current annual fee for the actuarial analysis is $11,500.


AGENDA ITEMS ADDED AFTER PUBLICATION OF THE AGENDA:

A-4
RATIFICATION OF NEW THREE-YEAR LABOR CONTRACT BETWEEN MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE

Pursuant to the provisions of Article XXX1 of the Labor Contract between Miami-Dade County Public Schools and the Florida State Lodge, Fraternal Order of Police, the parties commenced negotiations October 3, 2000 for a new three-year successor contract.

RECOMMENDED: That The School Board of Miami-Dade, County, Florida, ratify the Tentative Agreement between the Miami-Dade County Public Schools and the Fraternal Order of Police. This Agreement is effective July 1, 2000 through June 30, 2003.

J-4 BOARD STRATEGIC WORKSHOP

It is imperative that Miami-Dade County School Board engage in an open discussion on the impact of the imminent budget cuts on the school district’s strategic plan and explore further options for reducing expenditures during this critical time. With another special session of the Florida Legislature expected, the Board should be pro-active in establishing priorities and designing future options for cuts.

ACTION PROPOSED BY FRANK J. BOLAÑOS: That The School Board of Miami-Dade County, Florida authorize the Superintendent to schedule a Board workshop to discuss the impact of budget reductions on the district’s strategic plan and establish priorities for future budget reduction options. Board members will be polled for their availability.


AGENDA ITEMS REVISED AFTER PUBLICATION OF THE AGENDA:

B-4
J.D.C. v. THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA -CASE NO.: S.B.C. 02-132

By letter received by the School Board Clerk on October 30, 2001, the parent of the above-named student requested a due process hearing. Although the request for hearing purports to be in accordance with procedural safeguards for gifted students, it is actually contesting the School Board’s refusal to change the student from one magnet program to another.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, enter its order in J.D.C. v. The School Board of Miami-Dade County. Florida, denying the Request for a Due Process Hearing, as set forth in the proposed final order.

D-2 REIMBURSEMENT TO THE COMMUNITY PARTNERSHIP FOR HOMELESS, INC., FOR THE BOARD’S PROPORTIONAL SHARE OF OPERATIONAL EXPENSES AT THE MIAMI HOMELESS ASSISTANCE CENTER

Since October 1995, the Board has leased 6,945 square feet of space at the Miami Homeless Assistance Center (Center), located at 1550 North Miami Avenue, from the Community Partnership for Homeless, Inc. (CPHI).

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize an annual payment of $99565.00, payable in 12 monthly installments of !§8,297.12, to the Community Partnership for Homeless, Inc., for the Board’s proportional share of operational expenses at the Miami Homeless Assistance Center for the period of October 6, 200l to October 5, 2002.

D-25 ACCEPTANCE OF INDEMNIFICATION PROPOSAL BY SURETY FOR URBAN ORGANIZATION, INC. AT CHARLES DREW ELEMENTARY AND MIDDLE SCHOOLS

The construction contract for renovation and addition work at Charles Drew Elementary and Middle Schools was awarded to the Urban Organization on April 27, 1994. Subsequently, Urban defaulted on this and a number of other projects resulting in the various sureties being required to complete much of the work.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to:

a) execute the Settlement and Indemnification Agreement between The School Board of Miami-Dade County, Florida and Century Surety Company; and

D-27 COMMISSIONING OF REYNOLDS, SMITH AND HILLS, INC., AS DESIGN CRITERIA PROFESSIONAL (DCP) FOR STATE SCHOOL "XX" AT CORAL WAY ELEMENTARY SCHOOL PROJECT # A-0719

The firm of Reynolds, Smith and Hills, Inc. has been selected as design criteria professional (DCP) to re-use the prototype elementary school design criteria package for State School "XX" (483 student stations, approximately 44,132 sq. ft.) at Coral Way Elementary School.

RECOMMENDED: That The School Board of Miami-Dade County, Florida commission the firm of Reynolds, Smith and Hills Inc., to prepare and the design criteria package for State School "XX" at Coral Elementary School for the following considerations:

E-2 APPOINTMENTS AND LATERAL ASSIGNMENTS OF MANAGERIAL EXEMPT, PROFESSIONAL, AND TECHNICAL PERSONNEL FOR 2001-2002

The following recommendations are made in accordance with Board Rules 6Gx13-4A-1.16, 6Gx13-4A-1.161, and the Miami-Dade County Public Schools/Dade County School Administrators’ Association labor contract.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the recommendations as set forth above for appointments and lateral transfers, to be effective November 15, 2001, or as soon thereafter as can be facilitated.

revised 2

E-2 APPOINTMENTS AND LATERAL ASSIGNMENTS OF MANAGERIAL EXEMPT, PROFESSIONAL, AND TECHNICAL PERSONNEL FOR 2001-2002

The following recommendations are made in accordance with Board Rules 6Gx13-4A-1.16, 6Gx13-4A-1.161, and the Miami-Dade County Public Schools/Dade County School Administrators’ Association labor contract.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the recommendations as set forth above for appointments and lateral transfers, to be effective November 15, 2001, or as soon thereafter as can be facilitated.

E-7 REQUEST FOR AUTHORIZATION TO NON-RENEW THE BOARD'S EXCESS (NON-OWNED) AIRCRAFT LIABILITY POLICY

The School Board has carried excess Non-Owned Aircraft Liability Insurance since 1993 to cover the exposures related to the flight training component of Hialeah Senior High School's Aviation Magnet Program.

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. non-renew its excess (Non-Owned) Aircraft Liability Policy with National Union Fire Insurance Company (AIG)(A++XV), through Arthur J. Gallagher & Co., Miami, Florida, effective December 10, 2001; and

2. authorize the Superintendent to continue to monitor the insurance marketplace for aviation coverage, in order to ascertain a time when appropriate coverage for a flight training component for the Board’s Aviation Magnet at Hialeah Senior High School could be pursued.

E-9 DISMISSAL OF EMPLOYEE
KATHLENA L. PHILLIPS-THOMAS
PARAPROFESSIONAL I -THERAPEUTIC
HIALEAH MIDDLE SCHOOL

On October 31, 2001, the Superintendent of Schools sent the following letter to Ms. Kathlena L. Phillips-Thomas: I am exercising my responsibility as Superintendent of Schools and recommending to The School Board of Miami-Dade County, Florida, at its scheduled meeting of November 14, 2001, that the School Board suspend you and initiate dismissal proceedings against you from your current position as Paraprofessional I - Therapeutic, at Hialeah Middle School, effective the close of the workday, November 14, 2001, for just cause, including, but-not limited to: immorality; misconduct in office; violation of School Board Rules 6Gx13-4A-1.21, Responsibilities and Duties; and 6Gx13-5D-1.07, Corporal Punishment - Prohibited. This action is taken in accordance with Sections 230.03(2), 230.23(5)(f), 231.3605, and 447.209, Florida Statutes.

RECOMMENDED: That effective November 14, 2001, at the close of the workday, the School Board suspend and initiate dismissal proceedings against Ms. Kathlena L. Phillips-Thomas, Paraprofessional I - Therapeutic, at Hialeah Middle School, pending the outcome of a hearing, if requested.

G-64 REQUEST AUTHORIZATION TO UTILIZE OTHER ENTITY BIDS FOR PURCHASES OVER $100,000

Authorization is requested to utilize the Broward County Public Schools Bid No. 20-0548, which expires on June 30, 2002, to purchase audio visual, television, digital video equipment and peripherals, for various schools, The District’s Bid No. 1 1 g-AA1 1 - AUDIO VISUAL, TELEVISION, RADIO, STUDIO EQUIPMENT, CCTV, PERIPHERALS AND MISCELLANEOUS ELECTRONIC EQUIPMENT CATALOG DISCOUNT, is currently under protest.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, AUTHORIZE the Bureau of Procurement and Materials Management, to utilize the following contracts:

1.  The Broward County Public Schools Bid No, 20-054B, to purchase audio visual, television, digital video equipment and peripherals, for various schools, for a total amount not to exceed $300,000.

G-65 RENEW BID NO. 031-AA10 - ASPHALT PAVING, RESURFACING AND DRAINAGE

The purpose of this bid, opened on December 7, 2000, was to establish a contract, to purchase, at firm unit prices, quantities, as may be required, of asphalt paving, resurfacing and drainage, for Maintenance Operations.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, RENEW Bid No. 031-AA10 - ASPHALT PAVING, RESURFACING AND DRAINAGE, to purchase, at firm unit prices, quantities, as may be required, of asphalt paving, resurfacing and drainage, for Maintenance Operations, during the term of the bid, effective January 17, 2002, through January 16, 2003, as follows:

1.  SOUTHEASTERN ENGINEERING CONTRACTORS, INC.1
12054 N.W. 98 AVENUE
HIALEAH GARDENS, FL 33018 ESTIMATE $422,860.81 
OWNER: ED DOMINGUEZ, P.E., PRESIDENT

Total Low Unit Price: Items 1 through 102.


AGENDA ITEMS REPLACED AFTER PUBLICATION OF THE AGENDA:

A-2 2002 STATE LEGISLATIVE PROGRAM

Attached is a copy of the proposed State Legislative Program for the regular 2002 State Legislative Session scheduled to commence Tuesday, January 22, 2002 and continue for 60 continuous days concluding on Friday, March 22, 2002, barring any extended sessions or special sessions.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, adopt the proposed 2002 State Legislative Program.

revised replacement

A-2 2002 STATE LEGISLATIVE PROGRAM

Attached is a copy of the proposed State Legislative Program for the regular 2002 State Legislative Session scheduled to commence Tuesday, January 22, 2002 and continue for 60 continuous days concluding on Friday, March 22, 2002, barring any extended sessions or special sessions.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, adopt the proposed 2002 State Legislative Program.

B-1 THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. GREGORY ADAMS-DOAH CASE NO.Ol-1131; THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. BRETT T. SCANLON - DOAH CASE NO. 01-1132

On March 14,2001, the School Board suspended teachers Gregory Adams and Brett T. Scanlon from their employment with The School Board of Miami-Dade County, Florida, and initiated dismissal proceedings against them for misconduct in office; violations of School Board Rules 6Gx13-4A-1.21, Responsibilities and Duties; 6Gx13-4-1.08, Violence in the Workplace; 6Gx13-5D-1.07, Corporal Punishment - Prohibited; 6Gx13-5D-1.08, Guideline #24, Child Abuse and violations of the Principles of Professional Conduct in the Education Profession and The Code of Ethics of the Education Profession in Florida. A hearing was requested and the case was tried on May 24-25 and September 14, 2001, before DOAH Administrative Law Judge Florence Snyder Rivas in Miami, Florida.

RECOMMENDED: That The School Board of Miami-Dade County, Florida enter final orders in the cases of The School Board of Miami-Dade County, Florida v. Gregory Adams - DOAH Case No. 01-l 13 1 and The School Board of Miami-Dade County. Florida v. Brett T. Scanlon - DOAH Case No. 01-l 132, adopting the Administrative Law Judge’s Recommended Order reinstating Gregory Adams and Brett T. Scanlon with back pay, effective, March 14, 2001.

B-2 GASTON-THACKER GENERAL PARTNERS and UNITED STATES FIDELITY AND GUARANTY COMPANY v. THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
Case No. 99-20132 CA 10, Miami-Dade County Circuit Court 
SETTLEMENT AGREEMENT

On August 25,1999, Gaston-Thacker General Partners (Gaston-Thacker) and United States Fidelity and Guaranty Company (USF&G) initiated the subject lawsuit against the School Board, asserting three counts: breach of contract, alleging damages associated with active interference by the School Board with the performance of Gaston-Thacker’s work; breach of contract to recover under the equitable theory of quantum meruit; and for rescission and restitution based on the allegation that the contract was illegal in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. In the Complaint, Gaston-Thacker and USF&G sought damages against the School Board in excess of $14,000,000 plus interest and costs.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve and authorize settlement in the case of Gaston-Thacker General Partners and United States Fidelity and Guaranty Company v. The School Board of Miami-Dade County. Florida, Case No. 99-20132 CA 10, by payment in the amount of $3,678,000 in return for the global resolution and release of all claims between the parties.

B-3 REQUEST FOR APPROVAL OF RESOLUTION NO. 01-47, REDISTRICTING THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA

On November 18,1994, Federal District Court Judge Lenore C. Nesbitt entered an Order approving the nine single member districts for The School Board of Miami-Dade County, Florida. In that Order, the Court set forth a mandate that the School Board reapportion its district after each decennial census.

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1) approve the redistricting plan for School Board member election districts; and

2) pass and adopt Resolution No. 01-47, incorporating the boundary descriptions for the approved plan.

revised replacement

B-3 REQUEST FOR APPROVAL OF RESOLUTION NO. 01-47, REDISTRICTING THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA

On November 18, 1994, Federal District Court Judge Lenore C. Nesbitt entered an Order approving the nine single member districts for The School Board of Miami-Dade County, Florida. In that Order, the Court set forth a mandate that the School Board reapportion its district after each decennial census. Further, Section 230.061(2), Fla. Stats., provides that the School Board may make any change which it deems necessary to the boundaries of any district board member residence area, provided that such changes shall be made only in odd numbered years.

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1)  approve the redistricting plan for School Board member election districts; and

2)  pass and adopt Resolution No. 01-47, incorporating the boundary descriptions for the approved plan.

D-5 AUTHORIZATION TO EXECUTE JOINT USE AGREEMENTS WITH MIAMI-DADE COUNTY FOR THE TROPICAL PARK COMMUNITY CENTER AND THE A.D. BARNES PARK LEISURE ACCESS CENTER FOR USE BY THE SOUTHWEST MIAMI ADULT EDUCATION CENTER, AND PERMIT AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW THE CONNECTION OF A FIRE HYDRANT TO A WATER LINE ON THE CAMPUS OF CUTLER RIDGE ELEMENTARY SCHOOL

Since 1988, the Southwest Miami Adult Education Center (Center)-has utilized 4,350 square feet of space at the Tropical Park Community Center (Tropical) to provide adult education ESOL classes, under an annual permit agreement with. Miami-Dade County (County).

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. authorize the Superintendent or his designee to execute Joint Use Agreements with Miami-Dade County for the use of the Tropical Park Community Center and A.D. Barnes Park Leisure Access Center, in annual amounts of $6,500 and $5,000 respectively (a reduction from $11,000 and $13,000 respectively), and under the terms and conditions set forth above; and

E-4 REQUEST FOR AUTHORIZATION FOR IMPLEMENTATION OF MILITARY SERVICE COMPENSATION FOR MIAMI-DADE COUNTY PUBLIC SCHOOLS EMPLOYEES CALLED TO ACTIVE MILITARY SERVICE AFTER SEPTEMBER 11, 2001

In response to the September 11, 2001, terrorist attacks, President Bush has authorized a call-up of 50,000 military reserves. Secretary of Defense Donald Rumsfeld has already activated 35,000 reservists. Governor Bush and his Cabinet have adopted a resolution directing all agencies under their jurisdiction to make military pay supplements to employees who are reservists and are called to active duty.

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1.  authorize the Superintendent to provide supplemental compensation to an employee’s military pay for full-time M-DCPS employees called to active military service after September 11, 2001 ; and

2.  authorize the Superintendent to amend Board Rule 6Gx13-4E-1.11 to reflect this supplemental compensation, and to continue this procedure through September 10, 2002, at which time a recommendation will be brought to the Board for approval for continuance/discontinuance of the procedure.

G-1 RESOLUTION NO. 1, 2001-02 GENERAL FUND BUDGET REVIEW

The special legislative session was adjourned by both chambers on October 30, 2001.On that date, the House on third reading adopted the Senate’s version of a revised appropriations bill cutting state expenses by $800 million and using $500 million from the Budget Stabilization Fund to make up the difference in projected lower state revenue.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, adopt Resolution No. 1, 2001-02 General Fund Budget Review by reducing revenues and appropriations by $43,493,437.

G-2 CONFIRMATION OF SUBMISSION OF A FEDERAL GRANT APPLICATION FOR SCHOOL RENOVATIONS AND IDEA/TECHNOLOGY FOR $12 MILLION

In late September, the Florida Department of Education (FDOE) notified the District that, under Public Law 106-554, over $53 million had been received in federal funds statewide for the purposes of funding school renovations and technology as set forth in the Individuals with Disabilities Education Act.

RECOMMENDED: That The School Board of Miami-Dade County, Florida, confirm the submission of a Federal Grant Application for School Renovations and IDEA/technology for $12 million.

 


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