Pinellas County Schools Policy Manual

(g) keeping the Board apprised of all developments, changes, and problems in the operation of the school system;

(h) recommending procedures for implementing and maintaining a system of school improvement and education accountability as provided by statute and State Board of Education rule.

(4) In the event a vacancy occurs in the office of Superintendent, the Board shall conduct at least one public hearing, which may be held at the time of a regularly scheduled Board meeting, to receive information from the public on the method of conducting a search for a new Superintendent, and the qualifications to be required for the prospective Superintendent.

(5) In the event the Superintendent is unable to perform his duties, the Deputy Superintendent will assume the duties as Acting Superintendent until the Board appoints an Acting Superintendent during a regular or emergency meeting.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.372, 1001.36 F.S., Florida Constitution, Article Ix, Section 4(B); 120.53

History: New 5/22/57; Amended 7/28/65, 11/17/72; Revised 12/18/74; Amended 2/23/77, 8/8/90, 3/11/92, 9/10/96

Note: Former 6Gx52-1.09 (changed 9/10/96)

2.06 OPERATIONAL PROCEDURES FOR SCHOOL BOARD MEMBERS

(1) Requests for Information during a Board meeting:

Board members will present request(s) at a regular Board meeting for any information that requires staff time or expenditure of funds to compile. A majority of the Board shall be required to support such request(s). If it later appears that an extra ordinary amount of time will be required the Superintendent shall advise the School Board at its next meeting and the School Board shall determine whether or not the information is necessary.

(2) Requests for Information outside of Board meeting:

(a) The Board office staff and the Superintendent (or designee) may be contacted via telephone or FAX with requests for information. A form shall be established, supplied to Board members and maintained by the Board office to assist Board members and staff with such requests. The Board office staff and the Superintendent (or designee) shall confer to ensure that such requests are addressed, without duplication, and to estimate the involvement required for completing the request. If the request is determined to be too demanding, the Superintendent will notify the Board member. The request may then be submitted by the Board member to the Board for consideration at a regularly scheduled meeting.

(b) Agenda Item Information

1. For information on agenda items, Board members may call the person directly responsible for the particular item or the Superintendent (or designee). The Superintendent (or designee) will contact each Board member at least two business days before the Board meeting to determine if there are any questions or concerns.

1. For information concerning school-based issues, Board members should contact the respective area superintendent.

(d) Department-related Requests

1. For information concerning department-based issues, Board members should contact the Superintendent (or designee) or the Board administrative assistant who will then relay the request to the Superintendent (or designee).

(e) Responses from Staff

1. Any information, memos or letters that are sent or faxed to Board members from the district or area staff will be distributed through the Superintendent’s office and a copy forwarded to the Board office.

(3) BOARD OFFICE FACILITIES

(a) The Board members’ office room is primarily provided for use by Board members for official Board business. It should not be routinely used to conduct business other than school Board related matters.

(b) Meetings should not be scheduled for the Board members office room unless it is first determined that the meeting will not interfere with any other Board members’ use. Any request for the use of the Board member office room, or any other facility, will be pursuant to the normal facility use procedures as set forth in these rules. The cost of refreshments for participants of the meeting is the responsibility of the Board member or the participants.

(4) RESOURCES

(a) For official School Board business only, Board members will be provided during their term of service at their residence or business, the following:

1. a FAX machine

2. a laptop computer with modem and printer

3. a file cabinet

4. office supplies

(b) Any communication sent or received on the FAX machine or computer is a public record and it shall be the responsibility of the individual Board member to maintain copies until destruction is authorized as provided for under these rules.

(c) Public Records, as defined in Chapter 119.011(1), are “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”

(5) BOARD OFFICE STAFF

(a) The Board office will be staffed with the following personnel:

One administrative assistant

One board office assistant

Duties of these positions are set forth in Chapter 8, Human Resources.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.07 COMPLIANCE WITH BOARD PROCEDURES

(1) In the event an individual Board member is not in compliance with these rules, the alleged noncompliance shall be reported to the school board attorney.

(2) The school board attorney upon becoming aware of an alleged noncompliance shall investigate and if appropriate contact the individual Board member and provide advice and counsel as to how to come into compliance with the School Board rules.

(3) If the individual School Board member fails to come into compliance with the rules, the school board attorney is required to send a written memorandum to the Board member advising the Board member of the claimed noncompliance with an explanation of exactly what rule is involved and how the noncompliance occurred. Copies of the memorandum shall be provided to all other Board members.

(4) At a regularly scheduled meeting of the School Board at least 21 days after the written memorandum, the individual Board member who has received the memorandum of non-compliance from the school board attorney shall be afforded an opportunity to explain his or her position to the rest of the Board members. After hearing the explanation, the remaining members of the Board shall vote on whether or not there was non-compliance and if so, the School Board will direct the individual Board member to comply with School Board rules.

(5) If the individual School Board member continues to not comply with the School Board rules, the School Board may vote to request that the Governor remove the offending Board member from office.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.08 - SCHOOL BOARD ATTORNEY

(1) The School Board shall employ a school board attorney to act as general counsel to the School Board and to the district.

(2) The school board attorney’s client is the School Board and not individual members of the School Board, the Superintendent or district staff.

(3) The school board attorney shall be authorized to represent the School Board in all legal proceedings. The school board attorney may refer cases to outside counsel who have been approved by the School Board as provided in these rules.

(4) Individual School Board members may directly contact the school board attorney to seek information and opinions concerning matters affecting the individual School Board members in their official capacity, the School Board and the district. In the event a request from an individual School Board member requires a substantial investment of time or resources in order to respond, the school board attorney shall advise the member that the matter should be brought up at the next regular School Board meeting to see if a majority of the School Board authorizes the attorney to proceed.

(5) The school board attorney is authorized to approve expenditures for ancillary costs of litigation including, but not limited to, court reporters, travel expenses, expert witnesses for amounts not to exceed $6,000.00 per item. School Board approval will be required for expense items greater than $6,000.00. If an emergency exists which will adversely affect the School Board’s legal position prior to being able to obtain Board approval, the school board attorney is authorized to approve the expenditure after notifying individual School Board members in advance of the expenditure. The matter will be presented at the next regular School Board meeting for a determination of whether to continue the action.

(6) The Superintendent may utilize the services of the school board attorney as the Superintendent deems appropriate in the interest of the School Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.09 LEGAL ACTION

(1) No lawsuit, third-party claim, or appeal shall be initiated on behalf of the School Board without prior School Board approval.

(2) If School Board approval cannot be obtained prior to the expiration of legal time limits for such action, or the School Board’s legal position will be adversely affected by a delay, the school board attorney may authorize the initiation of the action if individual Board members are notified in advance, and the matter is presented at the next regular School Board meeting for determination of whether to continue the action.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.10 AGENCY CLERK

(1) The School Board designates the administrative assistant to the School Board as the clerk of the School Board.

(2) The address of the clerk of the School Board is 301 4^th Street S.W., Largo, FL 33770.

(3) The telephone number of the clerk of the School Board is 727/588-6300.

(4) Any paper, pleading or notice required to be filed with the School Board shall be filed with the clerk unless otherwise specified in these rules.

(5) Any paper, pleading or notice filed with the clerk shall be stamped with the time and date received and the clerk will forward it to the appropriate department or office.

(6) The clerk is authorized to accept service of process in any litigation against the School Board. Upon receipt of same the clerk shall promptly deliver it to the school board attorney and obtain a receipt. The clerk shall not be required to maintain a copy of the process or other suit papers.

(7) The clerk shall time and date stamp any recommended order, provide the original to the school board attorney who shall notify by regular U.S. mail any affected party of the date and time received.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.11 ORGANIZATION MEETING

(1) On the third Tuesday after the first Monday in November of each year, the School Board shall organize by electing a chairperson and a vice-chairperson, and the Superintendent shall act ex officio as the secretary.

(2) At the organization meeting, the Superintendent shall act as chairperson until the organization is completed.

(3) The chairperson and Superintendent as secretary shall then make and sign a copy of the proceedings of organization, including the schedule for regular meetings and the names and addresses of all district school officers, and annex their affidavits that the same is a true and correct copy of the original, and the Superintendent shall file the document within two weeks with the Department of Education.

(4) If a vacancy should occur in the position of chairperson the School Board shall proceed to elect a chairperson at the next ensuing, regular or special meeting.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96

2.12 SCHOOL BOARD MEETINGS

(1) Types of Meetings

(a) Regular meetings

1. Regular meetings shall be held on the second and fourth Tuesdays, or as rescheduled by the School Board from time to time, as publicized, either in the Pinellas County School Board Administration Building, 301 - 4^th Street SW., Largo, Florida, or at some other location within the County as designated by the School Board.

(b) Special meetings

1. Special meetings shall be held at times designated by the Superintendent when deemed necessary or by the Superintendent upon request by the chairperson of the Board or upon request by a majority of the School Board. The Board members and the Superintendent must be given two days written notice of the time and purposes of the special meeting and the minutes of the meeting shall set forth the facts regarding the procedure in calling the meeting and the reason therefore and shall be signed either by the chairperson or by majority of the members of the School Board.

1. At regular meetings, the School Board will determine the need for workshops. The topics to be discussed shall be identified and a time frame shall be established.

2. The School Board shall determine if the meeting is to be videotaped.

3. The agenda for workshop meetings shall be prepared and distributed by the board office staff at least seven (7) days in advance of the meeting.

4. The Superintendent (or designee) shall notify appropriate staff members of the scheduled events of the workshop meeting.

5. Workshop meetings are for discussion by Board members and for receipt of information.

(d) Emergency meetings

1. An emergency meeting shall be held upon the request of the Superintendent, chairperson, or a majority of the School Board members. An emergency meeting is a School Board meeting scheduled on short notice or with no advance public notice for the express purpose of considering and taking action upon emergency matters impacting the public health, safety, and welfare. When the meeting is convened, the chairperson shall announce:

a. The meeting is an emergency meeting;

b. The purpose of the meeting;

c. The individual who requested the meeting; and

d. The items to be considered.

(e) Executive Sessions

1. When collective bargaining negotiations are impending or are on-going, the Superintendent and his representative in the negotiations may meet with the School Board in executive session provided that the discussions are restricted solely to matters relating to collective bargaining.

2. The School Board, the Superintendent, the school board attorney, and any attorney representing the School Board may meet in executive session to discuss pending litigation in which the School Board is a party before a court or an administrative agency provided the following conditions are met:

a. The school board attorney advises the School Board at a public meeting that he or she desires advice concerning the pending litigation.

b. The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.

c. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the clerk of the School Board within a reasonable time after the meeting.

d. The School Board shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the chairperson shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened and the chairperson shall announce the termination of the session.

e. The transcript shall be made part of the public record upon conclusion of the litigation.

f. The Board will not meet in executive session to discuss any matters concerning the Bradley v. School Board desegregation case.

(2) Agenda

(a) The school Board meeting agenda shall be prepared and distributed by the Superintendent to School Board members at least seven (7) days in advance of regular meetings, with copies made available to the public at that time.

(b) The agenda shall contain the items to be considered in the order of presentation. Agenda items that are not likely to require discussion shall be placed on a consent agenda that will be voted on as one item at the meeting.

(c) After the agenda has been made available, changes shall be only for good cause as determined by the chairperson and stated on the record. Notification of any change shall be at the earliest practical time.

(d) The agenda for special meetings shall be prepared upon the calling of the meeting but not less than 48 hours prior to the meeting and made available to the public at that time.

(3) Proceedings:

(a) Robert’s Rules of Order (Revised) shall be used as the authoritative statement for parliamentary procedure at all Board meetings.

(b) At the beginning of any meeting, any Board member may request that the chairperson remove an item from the consent agenda so that the matter may be discussed prior to a vote.

(d) When appropriate, the Superintendent may make a brief statement concerning the agenda item and the reason for the proposal.

(e) Board members may ask questions of the Superintendent to clarify the recommendation or report.

(f) Members of the audience will be given an opportunity to address the agenda items, pursuant to rules of the Board.

(g) Upon hearing all audience speakers and any response by the Superintendent, the Board shall then discuss the issue and take whatever action it deems appropriate.

(4) It shall be the policy of the School Board to conduct regular meetings, special meetings, emergency meetings, and workshop meetings as public meetings with the news media notified of such meetings. Time, date, and place of such meeting shall be included in the news media notification.

(5) Notice of Meetings

(a) Notice of regular and workshop meetings shall be made as follows:

1. By publication in a newspaper of general circulation in Pinellas County.

2. By mail to all persons who have made requests of the School Board for advance notice of its proceedings and to organizations representing persons affected by School Board actions.

3. By posting in appropriate places to that interested persons may be duly notified.

(b) The notice shall include a statement of the general subject matter to be considered at the meeting.

(d) The notice shall advise that, if a person decides to appeal any decision made by the Board, with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

(6) Quorum

(a) A majority of the School Board shall constitute a quorum for any School Board meeting. No business shall be transacted unless a quorum is present except a minority may adjourn the meeting until a quorum is present.

(7) Voting Interpretation

(a) The vote shall be unanimous if all members audibly vote “yes” or otherwise indicate an affirmative vote. When a split vote occurs, the minutes shall show the vote of each member on the question. Each member who is present shall vote on each decision, ruling or official act which is taken or adopted by the School Board unless there is or appears to be a conflict of interest under the provisions of Chapter 112, Florida Statutes. In such cases, the member may abstain but shall file a memorandum pursuant to requirements of Chapter 112, Florida Statutes.

(b) If a Board member is absent from the table at the time a vote is taken, the member may request that the minutes reflect support or opposition for the vote although the minutes will reflect that the Board member was absent during the vote.

(8) Questions Concerning Issues on Agenda

(a) In order to clarify recommendations contained in the agenda and to assist in providing for an orderly meeting, Board members will be contacted by the Superintendent (or designee) at least two days before the meeting to obtain questions regarding agenda items. Appropriate staff will be consulted to obtain answers to relay to the Board or develop responses to be shared at the Board meeting.

(b) The Board attorney shall be contacted by Board members prior to the meeting regarding legal issues associated with agenda items.

(9) Minutes

(a) Minutes of regular and special School Board meetings will be maintained sufficient enough to set forth clearly all actions and proceedings of the School Board, including a record of votes by each Board member on matters which the School Board takes action.

(b) Minutes of School Board workshop sessions shall indicate the date, starting and ending time, participants and subject(s) presented and discussed. These minutes shall clearly indicate that no official actions were taken by the Board members during this session and that audio tapes are maintained by the Board office for official record of these proceedings.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 120.53, 1001.372(1), 1001.372(2), 1001.41(2), 230.33, 286.0105 F.S.

History: New 7/12/50; Amended 7/22/59, 7/28/65, 7/31/68, 11/17/71; Revised l2/18/74; Amended 2/23/77, 4/14/82, 6/22/94, 6/27/95, 8/14/96, 12/17/96

Note: Former 6Gx52-1.07 (changed 9/10/96)

2.13 AUDIENCE PARTICIPATION AND CONDUCT AT BOARD MEETINGS

(1) School Board meetings are public meetings where the School Board conducts the public's business. The meeting is the School Board's business meeting and is open to the public. Public participation is invited as set forth in this policy.

(2) The public is encouraged to contact the School Board members on any issue by e-mail at board@pcsb.org or mail at P.O. Box 2942, Largo, FL 33779-2942. Members of the public contacting the School Board in writing in advance of the meeting concerning an issue assures that School Board members will have time to carefully consider the issue prior to taking action.

(a) E-mail or mail is first received in the Board office for review and then forwarded to School Board members. With the exception of e-mail or mail containing confidential student or employee information, all e-mail or mail received in the Board office becomes public record. Like all other documents received or produced by a public entity, Board e-mail or mail will be subject to public records requests. Unless the School Board Attorney’s office states otherwise, all e-mail or mail received in the Board office is forwarded to each of the seven Board members, placed in a press folder for review and retained by the Board office as provided in state statute. E-mail or mail containing concerns regarding an employee, will be forwarded to the School Board Attorney's office to determine if an investigation leading to possible disciplinary action of the employee is warranted. If an investigation is necessary, the e-mail or mail will not be forwarded to the School Board members because they may have to take action sitting in their quasi-judicial role upon completion of the investigation to rule on appropriate disciplinary action of the employee. In that event, Board members will be notified in writing by the School Board Attorney’s office that an email or mail of this nature has been received. The original e-mail or mail will not be provided to the School Board members until after disciplinary proceedings have concluded. If review by the School Board Attorney's office determines that no investigation is necessary, the e-mail or mail will be forwarded to the School Board members immediately.

(3) Members of the audience are invited to speak before the Board as follows:

(a) Numbered Agenda Items. During regular meetings, members of the audience shall be permitted to speak to any numbered agenda item prior to Board discussion except items pertaining to employee discipline (see subparagraph (h) below). Special Order items are not numbered agenda items (see paragraph (4) below). Each speaker addressing an agenda item must submit the appropriate Speaker’s Request Form and shall be allotted three (3) minutes to speak unless granted a longer time by the chairperson. The chairperson's decision may be overruled by a majority vote of the School Board.

(b) Presentations from the Audience. In addition, during regular meetings, the agenda will provide for “presentations from the audience” after all action items have been addressed by the School Board when members of the audience shall be permitted to present matters not covered by other items on the agenda. Presenters under this subparagraph (b) will be allotted three (3) minutes to make the presentation unless granted a longer time by the chairperson. The chairperson's decision may be overruled by a majority vote of the School Board. Any member of the public may request to be a presenter during this agenda item by one of the following methods:

1. Advanced Written Request. Submit a written request to the Superintendent no later than 14 days prior to the School Board meeting at which the presenter wants to address the School Board. The written request will specify the subject matter of the presentation. Each person who wants to be a presenter must submit an individual request. Presenters utilizing this method will be identified in the agenda and will precede presenters signing up at the meeting. Individuals requesting to address a topic covered in a regular agenda item will be asked to sign up at the meeting to speak to the specific agenda item rather than as a presenter from the audience.

2. Sign-Up at Meeting. At the meeting, complete and submit to the Superintendent's designee the appropriate Speaker's Request Form indicating the name and address of the person to speak and the subject matter to be addressed. The Superintendent's designee will accept forms until the last presenter has finished.

(c) The School Board will not act on any matter raised by a presenter prior to the next regular meeting. If a majority of the Board desires to further consider a matter raised by a presenter, they will request the Superintendent to bring a recommendation at a future workshop or meeting. It is generally the School Board's practice not to respond to the issues brought forward by presenters except to correct inaccuracies.

(d) To avoid repetition, speakers supporting the same issue are encouraged to designate a spokesperson and have the spokesperson request the members of the audience supporting the position to stand during the spokesperson’s presentation.

(e) Early in the meeting, the chairperson (or designee) shall announce that members of the audience may speak to a specific agenda item or during "presentations from the audience" by submitting an appropriate Speaker’s Request Form to the Superintendent’s designee (normally seated inside the entrance to the meeting room). The form shall indicate the agenda item number or "presentations from the audience", the subject, the name and address of the person, and the party or parties represented by the person. All forms shall be submitted to the Superintendent’s designee prior to the beginning of the discussion of the item by the Board. The Superintendent’s designee shall not accept any forms on an agenda item after the Board has begun discussion of the item.

(f) Each person submitting the signed Speaker’s Request Form may address the Board, but no such person may yield his time to any other person. Each speaker shall be recognized only once on any single agenda item and will be called to speak in the order that the request form is received by the Superintendent’s designee or as announced by the chairperson (or designee).

(g) If a speaker or presenter wants to supplement their three (3) minute presentation, the speaker or presenter should provide the School Board office written materials prior to the meeting. School Board members will make every effort to review these materials. School Board members may not be able to review materials received less than two (2) business days prior to the Board meeting.

(h) Employee Discipline:

1. Before an Administrative Hearing: An employee who is being recommended for suspension or dismissal, or the employee’s representative, may ask to address the agenda item before there has been an administrative hearing and will be allocated ten (10) minutes to speak. (see also policy 2.14 BOARD PROCEEDINGS FOR SUSPENSION OR DISMISSAL OF PERSONNEL).

2. After an Administrative Hearing: An employee, or the employee’s representative, will be allocated 15 minutes to speak when a hearing has been conducted and a recommended order has been issued and is being presented to the Board for action. The district Staff Attorney will also be allocated 15 minutes to speak. The burden of presenting first is on the Staff Attorney who may reserve a specified portion of the allocated time for rebuttal. (See also policy 2.14 BOARD PROCEEDINGS FOR SUSPENSION OR DISMISSAL OF PERSONNEL.)

(4) Special Order Agenda

(a) The Superintendent will include a Special Order agenda for each regular School Board meeting. The Special Order agenda will consist of the following:

1. Student’s Rights and Responsibility

2. Introduction of Newly Appointed Administrators

3. Recognitions and Awards

4. Construction Project Approval

5. Presentation of special interest to the school district as approved by the Superintendent or requested by the Board.

(b) Special Order agenda items will be allocated ten minutes unless granted a longer time by the chairperson. The chairperson's decision may be overruled by a majority vote of the School Board.

(5) The vice chairperson will assist the chairperson in maintaining an orderly process of hearing speakers during Board meetings by presenting the forms to the chairperson as each item is pending discussion by the Board.

(6) The School Board Administrative Assistant (or designee) will keep time by means of a time clock so that all speakers are given an opportunity to speak, pursuant to rules of the Board.

(7) Board members may ask a speaker questions following their presentation. Only if questioned following the presentation, will the speaker be allowed to make follow-up comments which do not exceed a one minute time limit after Board questioning has concluded.

(8) Propriety of Speaker’s/Presenter's Remarks:

(a) Speakers shall confine their comments only to the agenda item being discussed.

(b) The selling of any commercial product or service is not allowed.

(c) Inappropriate comments shall be ruled “out of order” by the chairperson, and any speaker continuing with inappropriate comments shall be required by the chairperson to relinquish the podium.

(d) Members of the audience are not constituted a part of the deliberative body and may not raise questions concerning Robert’s Rules of Order

4. Cases Not to Be Retried by the Board: The case before the Board shall not be retried as a new trial after a hearing officer submits his findings and recommendations to the Board. No new evidence shall be allowed to be introduced when the School Board is considering a recommended order from a hearing officer.

5. Hearing Officer’s Recommendations Not in Accord with the Superintendent’s: If the hearing officer’s recommendations are not in accord with those of the Superintendent’s earlier or subsequent recommendations, the Superintendent shall state his recommendations and the reasons therefore on the record prior to the speakers.

6. Submittals to the Board:

a. Written exceptions to a recommended order of a hearing officer and any proposed final order shall be filed with the clerk of the School Board and served on the opposing party no later than ten (10) days from the date the recommended order was filed with the clerk of the School Board, unless the parties specifically agree to a different time period. Failure to timely file exceptions shall constitute an acceptance of all portions of a recommended order to which exceptions have not been filed.

b. The transcript shall be filed with the clerk at the time exceptions are filed.

c. In all cases all portions of the record requested by any party, the transcript, the hearing officer’s recommended order, any exceptions filed thereto, and each side’s proposed findings of fact and proposed final orders shall be distributed to the Board members with the regular Board meeting packet or when available, if after delivery of the regular packet. In no event shall the record be delivered to Board members later than the Friday before the Board meeting.

7. Options Concerning Recommended Orders:

a. The School Board may adopt the recommended order as the final order of the School Board.

b. The School Board may reject or modify the conclusions of law and interpretation of administrative rules in the recommended order. In doing so, the School Board need not have reviewed the entire record.

c. The School Board may not reject or modify the findings of fact contained in a recommended order unless the School Board first determines from a review of the complete record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.

d. The School Board may accept the recommended penalty in a recommended order, but may not reduce or increase it without a review of the complete record. If the School Board increases or decreases the recommended penalty, it must state with particularity its reasons for doing so and cite to the record justifying the action.

e. The School Board is not bound by the hearing officer’s or the Superintendent’s recommended penalty and may impose a less severe or a more severe penalty in its sole discretion subject to the requirements concerning increasing or decreasing a recommended penalty of a hearing officer.

8. The Record:

a. The official record in a case shall consist only of the following:

(i) All notices, pleadings, motions and intermediate rulings;

(ii) Evidence received or considered;

(iii) A statement of matters officially recognized;

(iv) Questions or proffers of proof and objections and rulings thereon;

(v) Proposed findings and exceptions;

(vi) Any decision, opinion, proposed or recommended order or report by the hearing officer;

(vii) All staff memoranda or data submitted to the hearing officer during the hearing or prior to its disposition, after notice of the submission to all parties;

(viii) All matters placed on the record after an ex parte communication pursuant to Section 120.66(2);

(ix) The official transcript.

9. The decision of the School Board shall be based solely on the record and no School Board member shall consider any matters not contained in the record as a basis for deciding the case.

10. The School Board shall ensure all testimony in the proceeding shall be accurately and completely preserved by a certified court reporter and on the request of any party shall make available a full or partial transcript at no more than actual cost.

11. Final Order

a. The School Board will enter a final order that rules upon all exceptions filed by a party.

b. Final orders shall be executed by the person presiding at the meeting at which the final order was adopted and attested to by the Superintendent.

c. Final orders shall be deemed rendered when filed with the clerk of the School Board. Upon filing with the clerk, the clerk shall cause copies of the same to be served on the parties by regular U.S. mail within seven (7) days of the filing.

d. The original final order shall be delivered by the clerk to the school board attorney who shall maintain all final orders pursuant to the indexing provisions of these rules.

e. Each final order shall contain a statement that judicial review is available under Section 120.68, Florida Statutes, and that the appeal may be taken by filing a notice of appeal with the clerk of the School Board within 30 days of the rendition of the final order.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 120 F.S.

History: New 3/14/84; Amended 1/11/89, 9/10/96, 5/13/97, 5/21/02

Note: Former 6Gx52-1.02 (changed 9/10/96)

2.15 PROCEDURES FOR EXPULSION HEARINGS BEFORE THE SCHOOL BOARD

(1) When the Superintendent recommends expulsion of a student from the Pinellas County Schools an agenda item will be prepared for presentation to the School Board. The parents/student will be notified that the matter is going before the School Board. The parents will be informed that they may request a hearing if they dispute the facts or may attend the School Board meeting to address the School Board concerning the appropriateness of the recommended expulsion if there is no dispute concerning the facts.

(2) Parents shall also be notified that unless they elect to have the proceedings before the hearing officer and the School Board open to the public, the proceedings shall be closed and not subject to the open meetings law.

(3) Expulsion Recommendations Before the School Board When A Hearing Has Not Been Requested:

(a) Failure to request a hearing by 4:30 p.m. one day before the School Board meeting at which the recommendation for expulsion will be presented to the School Board shall constitute a waiver of the right to a hearing.

(b) When a hearing has not been requested and neither the parent(s) nor the student appear at the School Board meeting at which the expulsion recommendation is being addressed, the allegations made by the Superintendent will be accepted as fact and the only matter that will be considered is whether expulsion is appropriate and for what term based upon the student’s conduct.

(c) If the parent(s)/student has not requested a hearing prior to the School Board meeting but has appeared at the School Board meeting to speak to the recommendation for expulsion, the School Board will accept as fact the allegations made by the Superintendent concerning the student’s conduct. The parent(s’)/student’s comments shall be restricted to the appropriateness of the recommended expulsion. The only matter the Board will consider is whether expulsion is appropriate and for what term based on the student’s conduct.

(d) The parent(s)/student will be allowed ten minutes to address the School Board. The Superintendent’s attorney will be allowed ten minutes to respond. If the parent(s)/student asserts that the allegations are not true, the school board attorney will remind the parent(s)/student that allegations are accepted as fact because of the failure to request a hearing.

(4) Procedures For Expulsion Hearings Before the School Board When a Hearing Has Been Requested:

(a) If the parent(s)/student timely requests a hearing, the Superintendent will withdraw the agenda item and there will be no recommendation or action upon the matter until receipt of a recommended order from the expulsion hearing officer. When the recommended order is received, the Superintendent will prepare an agenda item for presentation to the School Board.

(b) When an expulsion hearing has been conducted and a recommended order has been issued and is being presented to the School Board for action the parent(s)/student will be allowed ten minutes to speak to the School Board concerning the matter and the Superintendent’s attorney will be allowed ten minutes to respond to those remarks.

(c) When a recommended order is being presented to the School Board for action and no exceptions have been filed, the findings of fact made by the hearing officer will be considered as fact in the case and the only issue remaining for the School Board to decide is whether expulsion is appropriate and for what term based on the findings of the hearing officer.

(d) Except as provided above, when a recommended order is being presented to the School Board for action the provisions of Rule 2.14(7) shall apply except that no transcript shall be prepared unless a party requests it and bears the cost of transcription.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 9/10/96; Amended 9/9/97

2.16 COMMITTEES TO ADVISE THE BOARD

(1) Special committees composed of professionals and/or other members of the community may be created by the Board for special assignments. When so created, such committees shall be appointed by the Board and shall terminate upon completion of their assignments, or they may be terminated by vote of the Board at any time.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.452 F.S.

History: New 11/17/71; Revised l2/18/74; Amended 2/23/77, 3/11/92, 11/17/93, 9/10/96

Note: Former 6Gx52-1.04 (changed 9/10/96)

2.17 SCHOOL ADVISORY COUNCILS

(1) Each school shall establish and sustain a school advisory council (SAC).

(2) Role of SAC: Each school advisory council shall assist in the preparation and evaluation of the school improvement plan required pursuant to Section 230.23(16), Florida Statutes. Each council assists in the preparation of the school’s annual budget and plan For the purpose of this policy the word "assist" is defined as giving help and advice. The school advisory council is identified as the sole body at the school responsible for decision making with regard to school improvement and accountability statutes. The role of the school advisory council is not intended to override the authority of the principal/director.

(a) Working jointly with the principal/director and staff and after monitoring relevant data, the SAC determines the goals in the school improvement plan. Work groups, often called school improvement teams (SITs), are responsible for developing and implementing strategies and action plans to accomplish the goals.

(b) School advisory councils shall not assume a

ny of the powers or duties now reserved by Florida Statutes for the School Board or its staff.

(c) The school principal/director shall provide leadership in the development or revision and implementation of the school improvement plan as provided in 231.085, Florida Statutes.

(3) Composition of Councils: Council members include the school principal/director and an appropriately balanced number of teachers, education support employees, students, parents, and business and community representatives. A majority of the members of each school advisory council must be persons who are not employed by the school.

(a) Members shall be representative of the ethnic, racial, and economic community served by the council. SACs shall maximize their efforts to have their membership be representative of the ethnic, racial and economic community served by the council.

(b) Student representation shall be required for school advisory councils established at career-technical centers and high schools and may be included for school advisory councils serving elementary and middle schools.

(c) The term "education support employee" as used herein refers to any person who is employed by a school for twenty (20) hours or more during a normal work week and who does not meet the definition of instructional or administrative personnel pursuant to Section 228.041, Florida Statutes.

(d) The term "teacher" as used herein includes classroom teachers, certified student services personnel, and library information specialists.

(4) Selection of Council Members: New council members shall be elected by their respective peer group, except for business and community representatives and the school principal/director.

(a) The following council members shall be elected by their respective peer group in a fair and equitable manner as set forth in the bylaws of the school advisory council;

1. Teacher(s) shall be elected by teachers;

2. Education support employee(s) shall be elected by education support employees;

3. Student(s), when appropriate, shall be elected by students; and,

4. Parent(s) shall be elected by parents.

(b) The school advisory council shall select business and community member(s) to serve on the school advisory council as set forth in the bylaws of the school advisory council. The procedures in the bylaws include the means of insuring wide notice of vacancies through methods such as school marquee, school newsletter, and the school district television station “Chalkboard” and for taking input on possible members from local business, chambers of commerce, community and civic organizations and groups and the public at large.

(c) The bylaws of the school advisory council must set forth a process for appointment of additional SAC members if the election process does not produce representative membership as specified in paragraph (3)(a) herein.

(5) Confirmation of the School Advisory Council: The Superintendent submits the membership roster for each school advisory council in the district to the School Board for review and approval. The School Board determines if a school advisory council meets criteria specified in paragraph (3)(a) herein and shall refer specific concerns on membership back to the school advisory council for compliance. If the council fails to act, the School Board shall appoint additional members to achieve ethnic, racial, and economic representation on the advisory council. As required by sections 24.121 and 229.592, Florida Statutes, the Florida Department of Education shall not release Educational Enhancement Trust Fund (lottery) allocations to the school district who has a school that does not comply with SAC membership composition requirement. As required in 229.58, Florida Statutes, the Commissioner of Education shall serve as a review body to determine if schools have maximized their efforts to have their membership be representative of the ethnic, racial and economic community served by the council.

(6) Operation of Council: Bylaws shall be established and adopted by members of the school advisory council.

(a) The bylaws shall:

1. State the functions and governance of the council.

2. Indicate the procedure for electing and appointing council members as specified in paragraph (4) herein.

3. Provide procedures for the removal of SAC members for just cause including replacing any member who has two unexcused consecutive absences from properly noticed SAC meetings. A SAC member’s absence is considered unexcused if the member does not notify the school that they must be absent and, when contacted by the school, no reason is given for their absence. The final determination of an unexcused absence rests with the school’s SAC.

4. State that when a vote is taken a quorum must be present. A majority of the SAC membership constitutes a quorum.

5. Require three (3) days advance notice in writing to all members of the advisory council of any matter scheduled to come before the council for a vote.

6. Define the scope of and procedures for SAC involvement in assisting with budget preparation as specified in paragraph (2) and paragraph (7) (b) 6 herein.

7. Establish procedures for recording minutes of SAC meetings. A record of these minutes shall be maintained at each school.

(b) All meetings of the school advisory council shall be open, public, and advertised to the school community. Meetings shall be scheduled when all stakeholders can attend.

(7) School Improvement Planning Processes:

(a) The school improvement planning processes shall be defined through the application of the school improvement timeline, process flowcharts and other pertinent documents and materials.

The office of the Associate Superintendent for Curriculum and Instruction is responsible for the updating and distribution of all school improvement planning documents.

(b) School Improvement Plan

1. School Improvement Plan: Annually the school improvement plan of each school shall be submitted to the School Board for approval using the processes identified in paragraph (7)(a) herein. Schools implement the approved school improvement plan and are expected to make continual improvements in the implementation of the plan, resulting in improved student achievement. In the interim between annual approval of the plan, editorial corrections and Plan, Do, Study, Act (PDSA) cycle improvements in all areas of the plan, except the goals, can be made without School Board approval. Changes in a school’s goals must be submitted to the office of the Associate Superintendent for Curriculum and Instruction for submission to the School Board. Each school improvement plan shall address issues relative to budget, training, instructional materials, technology, staffing, student support services, specific school safety and discipline strategies, and resource allocation, all aligned to the goals in the plan.

2. Student Achievement Goal: Each school improvement plan shall contain at least one student achievement goal. The focus of school improvement planning shall be the achievement of the strategic directions and goals identified in the District Comprehensive Plan, specifically success for each student in a safe learning environment. Plans contain specific strategies that address underachieving student populations.

3. School Role and Responsibility: The school involves the administration, faculty and staff, parents, students, and the community in the development and the implementation of the school improvement plan according to the Florida K-20 Education Code and School Board policy. The school is responsible for the development and implementation of a plan that results in highest achievement for each student.

4. District Role and Responsibility: The district facilitates, supports, advises, and assists schools by interpreting legislative directives, establishing workable school improvement processes and timelines, and supporting schools with their initiatives through facilitating appropriate changes in district procedures when such changes are deemed productive in accomplishing the district strategic directions and goals. It is district staff's responsibility to monitor and make recommendations to the Superintendent regarding the district-wide impact of individual school improvement initiatives.

5. Impact on Other Schools: Schools considering a school improvement initiative that may impact another school(s) should, in a timely manner, contact the appropriate district staff. District staff, working jointly with the affected school(s), assists in collection and analysis of data, analysis of issues, and recommendations on the viability of the initiative based on factors such as alignment to the District Comprehensive Plan and the district-wide impact of the initiative. Any initiative planned as part of the school improvement plan of an individual school that has an impact on another school(s) requires approval of the School Board.

6. Funding School Improvement Initiatives: Each school uses school-based funds such as school improvement and discretionary budget to implement the school improvement plan initiatives. The expenditure of school improvement funds allocated by legislative mandate shall be made by the SAC in accordance with legislative direction to support the school improvement plan. School improvement fund expenditures that support student achievement and are not directly tied to the school improvement plan must be approved by the SAC and noted in the SAC minutes. Additional district funds shall not be allocated to schools for the purpose of implementing a school improvement initiative unless approved by the School Board.

7. Adequate Progress: Annually the Florida Department of Education requires the identification of adequate progress through locally determined definitions of adequate progress in individual school plans. Each school determines their measure(s) of adequate progress as a part of the school improvement plan. Schools report on the status of adequate progress in the annual School Improvement Plan Evaluation that is distributed to parents as a part of the School Public Accountability Report. The state of Florida in 6A-1.09981, FAC, requires that districts report to the state Department of Education schools not making adequate progress on their school improvement plan. Schools shall be reported if both of the following occur:

a. The school reports not making adequate progress on more than 50% of its goals; and

b. The school has earned a "D" grade for the most recent school year as reported in the Department of Education’s “School Accountability Report”.

Additionally, as required in 1008.33 and 1002.38, Florida Statutes, schools that receive a performance grade category designation of "F" based on school performance data, should be considered as having failed to make adequate progress for one year.

(8) Assistance and Support: As required in 229.57, Florida Statutes, the district shall develop a 2-year plan of increasing individualized assistance and support for each school in danger of not meeting state standards or making adequate progress toward meeting the goals and standards of its approved school improvement plan. A school that is identified as being in performance grade "D" is in danger of failing and must be provided assistance and support. The district's assistance and support plan shall be developed and updated by the Operations Team/Curriculum & Instruction partnership. The plan will also be utilized with schools earning an "F" performance grade.

(9) The district shall notify the Commissioner of Education and the State Board of Education in the event any school does not make adequate progress toward meeting the goals and standards of a school improvement plan by the end of two years of failing to make adequate progress and proceed according to guidelines developed pursuant to statute and State Board of Education rule.

(10) Release of State Lottery Funds: As required by sections 24.121 and 229.592, Florida Statute, the Florida Department of Education shall not release Educational Enhancement Trust Fund (lottery) allocations to a school district which has a school that does not have an approved school improvement plan. Funds shall also be withheld as specified in paragraph (5) herein.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.42 (20), 1003.02 (4), 1013.43 F.S.

History: New 11/17/93; Amended 9/10/96, 9/9/97, 7/27/99, 1/14/2003

Note: Former 6Gx52-1.045 (changed 9/10/96)

2.18 SCHOOL BOARD POLICIES

(1) School Board policies shall be reduced to writing and shall be adopted as rules to be contained in The Policy Manual of the School Board of Pinellas County, Florida, hereinafter referred to as The Policy Manual.

(2) Required Rule Adoption

(a) Any policy of the school district that constitutes an agency statement of general applicability that implements, interprets or prescribes law or policy or describes the organization, procedure or practice requirements of the school district shall be adopted as a rule by the School Board pursuant to the procedures set forth herein.

(b) Any form which imposes any requirement or solicits any information not specifically required by statute or by existing rule shall also constitute a rule that must be adopted by the School Board.

(d) Internal management memoranda that affect the private interest of any person and which have application outside the school district shall also constitute a rule that must be adopted by the School Board.

(e) Internal management memoranda that affect any plan or procedure important to the public and which have application outside the school district shall also constitute a rule that must be adopted by the School Board.

(f) The following are not rules that must be adopted by the School Board:

1. Legal memoranda or opinions issued by the school board attorney prior to their use in connection with school district action;

2. The preparation or modification of:

a. The school district budget;

b. contractual provisions reached as a result of collective bargaining;

c. curricula

(3) Each rule adopted by the School Board shall contain only one subject and shall be accompanied by a reference to the specific rulemaking authority pursuant to which the rule was adopted and a reference to the section or subsection of Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific.

(4) Any rule may incorporate material by reference but only as such material exists on the date the rule is adopted. For purposes of such a rule, changes in the material that has been incorporated shall have no effect with respect to the rule unless the rule is amended to incorporate such material as changed.

(5) Any proposed amendment to a rule shall set out the amended rule in full with deletions shown by strike throughs and additions shown by underlining.

(6) Rule Adoption Procedure

(a) The adoption, amendment or repeal of any rule may be initiated by the Superintendent on his own initiative, or by the Superintendent as directed by the School Board or by any person having a substantial interest in the School Board rule.

(b) When initiated by the Superintendent, the Superintendent shall prepare an agenda item for presentation to the School Board. The agenda item shall contain the full text of the proposed rule with the Superintendent’s recommendation as to whether the School Board should agree to consider the adoption of the proposed rule and proceed with the required public notice and hearing.

(c) If a person having a substantial interest in the School Board rule desires to initiate the rule adoption procedures, the person shall file with the clerk of the School Board a petition for the School Board to adopt, amend or repeal a rule and shall specify the proposed rule and the action requested. Not later than 30 calendars days after the date of filing a petition, the Superintendent shall submit the petition as an agenda item for action by the School Board together with the Superintendent’s recommendation as to whether or not the School Board should deny the request to consider the adoption of the rule or should the School Board agree to further consider the rule and provide the required notice and public hearing. If the School Board decides not to consider adoption of the rule, it will provide a written statement of the reasons for the denial.

(d) Each proposed rule shall be reviewed and approved by the school board attorney as to form and legality.

(e) The initial consideration by the School Board of a proposed rule shall be known as the first reading.

(f) If the School Board decides not to further consider a proposed rule, the rule adoption procedures shall be deemed completed.

(g) If the School Board decides to consider the adoption of the proposed rule it shall direct the Superintendent to give notice of the School Board’s intended action as follows:

1. By publication in a newspaper of general circulation in Pinellas County;

2. By mail to all persons who have made requests of the School Board for advance notice of its proceedings and to organizations representing persons affected by the proposed rule;

3. By posting in appropriate places so that those particular classes of persons to whom the intended action is directed may be duly notified;

(h) The notice of intended action shall set forth a short and plain explanation of the purpose and effect of the proposed rule, and the specific legal authority under which its adoption is authorized. The notice shall specify how the complete text of the proposed rule may be obtained.

(i) School Board consideration of the proposed rule cannot occur until at least 21 days after the publication, mailing and posting have all occurred.

(j) Economic Impact Statement

1. The School Board shall determine at the time of the first reading whether or not an economic impact statement is required under Section 120.54(3)(b)1, Florida Statutes. In taking action to move forward, the School Board determination on this matter shall be included as part of the minutes.

2. The Superintendent is required to prepare an economic impact statement if within 21 days of the notice a written request for preparation of an economic impact statement is filed with the clerk of School Board by the governor, a body corporate and politic, at least 100 people signing a request, or an organization representing at least 100 persons, or any domestic nonprofit corporation or association.

(k) Any substantially affected person may seek an administrative determination of the invalidity of any proposed rule on the ground that the proposed rule is an invalid exercise of delegated legislative authority. The proceedings for that administrative determination shall be controlled by the Administrative Procedure Act.

(l) The School Board shall schedule a public hearing on the proposed rule not less than 21 days after the notification has been completed. The hearing shall constitute the second reading. The School Board shall consider any material pertinent to the issues under consideration submitted to the School Board within 21 days after the date of publication of the notice or as submitted at the public hearing, and such materials shall be made a part of the record of the rulemaking proceeding.

(m) After the required notice has been accomplished and prior to the adoption of the rule, the School Board may withdraw the rule in whole or in part or may make:

1. Such changes in the rule as are supported by the record of the public hearing held on the rule;

2. Technical changes which do not affect the substance of the rule; and

3. Changes in response to written material relating to the rule received by the School Board within 21 days after the notice and made a part of the record of the proceeding.

(n) The rule will become effective when adopted by the School Board or on a later date as specified in the rule. After a rule has become effective it may be repealed or amended only through the regular rulemaking procedures.

(7) Emergency Rules

(a) If the School Board finds that an immediate danger to the public health, safety or welfare requires emergency action, the School Board may adopt any rule necessitated by the immediate danger by any procedure which is fair under the circumstances and necessary to protect the public interest, provided that:

1. The procedure provides at least the procedural protection given by other statutes, the Florida Constitution, or the United States Constitution;

2. The School Board takes only that action necessary to protect the public interest under the emergency procedure; and

3. The School Board publishes in writing at the time of or prior to its action the specific facts and reasons for finding an immediate danger to the public health, safety or welfare and its reasons for concluding that the procedure used is fair under the circumstances.

(b) An emergency rule adopted under this provision may not be effective for a period longer than 90 days and shall not be renewable, except during the pendency of a challenge to proposed rules addressing the subject of the emergency rule. The School Board may ratify the emergency rule by taking identical action by the normal rulemaking procedures.

(8) A copy of the compiled rules of the School Board as contained in The Policy Manual shall be available for inspection in the Superintendent’s office, each school, and public libraries and other locations as determined by the Superintendent. The Superintendent shall also cause The Policy Manual to be made available on computer diskette.

(9) A copy of The Policy Manual of the School Board of Pinellas County, Florida, or any part thereof, may be purchased by the public. The fee for photocopying shall be in accordance with School Board rules. A copy of the entire Policy Manual may be obtained at no more than cost.

(10) Editorial changes: The Superintendent is authorized to make appropriate editorial changes to any rule to correct errors so long as it does not affect the meaning of the rule. Any changes made by the Superintendent shall be reported to the School Board at the next regular meeting.

(11) A copy of any rule change or editorial change shall be made available by the Superintendent to each holder of the compilation who shall be responsible for entering all changes immediately upon receipt.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 11/17/71; Revised 12/18/74; Amended 2/23/77, 8/8/90, 9/10/96

Note: Former 6Gx52-1.03 (changed 9/10/96)

2.19 ADMINISTRATIVE LEEWAY IN POLICY ABSENCE

In cases where emergency action must be taken within the school system and in cases where the Board has provided no policy, the Superintendent shall have the authority to act; such decisions shall be subject to review by action of the Board at its next meeting. It shall be the duty of the Superintendent to inform the Board promptly of such action and of the need for policy.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.49 F.S.

History: New 11/17/71; Revised l2/18/74; Amended 2/23/77, 9/10/96

Note: Former 6Gx52-1.05 (changed 9/10/96)

2.20 COMMUNICATIONS AND PUBLIC RELATIONS

(1) It is the intent of the Board that the Superintendent maintain a strategic communications plan designed to provide timely, accurate information to internal and external customers consistent with their expressed needs, except information that is restricted by law. Specifically, all Board actions, policies and decisions shall be made available to interested parties through the district’s Web site or upon request in a timely manner.

(2) News media representatives and persons representing other organizations are required to receive the permission of the school principal (or designee) to be on campus. Consistent with Board policies and administrative procedures, school principals shall make available any and all information about their schools, their operations and their programs.

(3) School system personnel are expected to respond forthrightly to any inquiries of the news media and other persons, to the extent that such personnel possess accurate knowledge or to refer those inquiries to the appropriate source. School system personnel should represent school system policies and practices only to the extent of their knowledge and for which they have direct responsibility.

(4) When an emergency occurs that affects the school system, the employee who first becomes aware of it shall inform the Superintendent (or designee) immediately. The Superintendent (or designee) shall then notify the Associate Superintendent for Human Resources and Public Affairs, who shall then assist the appropriate personnel in coordinating the release of pertinent information to the news media and the general public.

(5) Consistent with Board policies and acting under the direction of the Superintendent (or designee), the Associate Superintendent for Human Resources and Public Affairs shall maintain systems that shall continuously inform the public of the current state of activities and provide vital information regarding the public schools of Pinellas County, including both their strengths and matters needing improvement. A District Communications Advisory Committee shall assist the Associate Superintendent for Human Resources and Public Affairs in determining the needs of internal and external customers for information and in identifying methods by which that information might best be disseminated. In addition, the committee will assist in developing effective methods for providing clear, consistent, proactive and understandable messages on complicated issues.

(6) The district will establish a process improvement cycle by which various forms of communication will be evaluated on a regular basis to determine if they are meeting the needs of internal and external customers.

(7) Beginning with the 2001-2002 school year, each district school board must annually publish in the local newspaper and report in writing to the State Board of Education by September 1 of each year, the following information on the prior school year:

(a) The provisions of 1008.25 FS relating to public school student progression and the district school board's policies and procedures on student retention and promotion.

(b) By grade the number and percentage of all students in grades 3 through 10 performing at Levels 1 and 2 on the reading portion of the FCAT.

(d) Information on the total number of students who were promoted for good cause, by each category of good cause as specified in paragraph (6)(b) of 1008.25 FS.

(e) Any revisions to the district school board's policy on student retention and promotion from the prior year.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.42(16), 1008.25 F.S.

History: New 5/24/78, Amended 8/8/90, 9/10/96, 2/26/02, 2/22/05

Note: Former 6Gx52-1.10 (changed 9/10/96

2.21 DISTRICT MONITORING AND ADVISORY COMMITTEE (DMAC)

(1) Philosophy

The School Board believes that in order for the school system to gain and maintain the trust of the community, it must be accountable to the community for maintaining a unitary school system free from the vestiges of the formerly segregated school system in the areas of relative quality of education, student assignment, faculty assignment, administrative staff assignment, facilities and resource allocation, transportation, and extracurricular activities. To facilitate the accountability, there should be a committee whose members are appointed by various groups that have a recognized interest in the operation of the unitary school system. The committee will monitor the school district’s achievement and maintenance of a unitary school system and make recommendations to the School Board concerning maintenance of a unitary school system, equity, and diversity.

(2) Creation, Membership and Date of Establishment

(a) The School Board establishes the District Monitoring and Advisory Committee (DMAC) consisting of 14 members appointed as hereinafter provided.

(b) The organizations listed immediately below shall appoint two members each. If one of these organizations ceases to exist or becomes inactive or unrepresentative of the intended constituency another organization shall be substituted. The determination of whether an organization becomes inactive or unrepresentative of the intended constituency shall initially be made by DMAC. Any organization determined by DMAC to have become inactive or unrepresentative of the intended constituency shall have the right to object. Should DMAC make such a determination, DMAC shall inform the School Board of its determination and of any objections reviewed by DMAC. Whether such organization has objected to DMAC or not, that organization may register objections with the School Board. The School Board shall then make a determination of whether any such organization has become inactive or unrepresentative of the intended constituency. Should the School Board determine that any organization has become inactive or become unrepresentative of the intended constituency, that determination may be challenged by invoking the Alternative Dispute Resolution Process through Plaintiff’s counsel. If a final determination is made in this process that one of the organizations has become inactive or unrepresentative of the intended constituency, then the School Board will designate another group after considering recommendations provided by the remaining DMAC membership. If there are objections to the group designated by the School Board, those objections shall be determined subject to the Alternative Dispute Resolution Procedures.

1. The School Board of Pinellas County, Florida;

2. NAACP North;

3. NAACP South;

4. Pinellas County Council of PTAs;

5. Pinellas SAC Association, Inc.;

6. Pinellas Classroom Teachers Association (PCTA); and

7. Pinellas Administrators Association (PAA)

(c) Each appointing authority, by an essentially elective and publicly disclosed mechanism (e.g., either election or appointment by an elected officer or other elected authority) consistent with the bylaws or governing rules of each organization, shall appoint one black member and one non-black member.

(d) The number of current school system employees serving on DMAC shall be limited to four. The PCTA and the PAA shall have the right but are not obligated to appoint employees of the school system. All other appointing authorities must appoint non-employees.

(e) The effective date of the establishment of DMAC shall be October 12, 1999.

(3) Liaison

(a) The School Board shall provide a School Board member to attend each meeting of DMAC and to act as School Board liaison.

(b) The Superintendent shall appoint a liaison to DMAC who shall be responsible for providing clerical assistance and supplies necessary for the operation of DMAC.

(c) The district liaison shall attend all committee meetings and will coordinate the appearance of other staff as deemed appropriate by the Superintendent or upon request of the committee as may be reasonable.

(4) Term of Membership

(a) Each appointing authority shall appoint one member for an initial term of two years and one member for an initial term of four years. All subsequent appointments shall be for a term of four years except that any appointment to fill a vacancy that has occurred prior to the expiration of the term shall be for the expiration of that term.

(b) The Chair shall remove any member for non-attendance in violation of duly adopted bylaws of DMAC. Prompt and regular attendance is essential to membership on DMAC.

(5) Open Government Laws

(a) DMAC, as a committee created by the School Board for purposes of advising the School Board, is subject to the Government in the Sunshine Law (Section 286.011) and Florida’s Public Records Act (Chapter 119). All meetings of DMAC shall be open to the public and shall be properly noticed to members of the public. Minutes are required for each meeting. The minutes of each meeting and any written reports, recommendations, or any other records of DMAC shall be open to public inspection.

(b) In accord with the scheduled agenda, DMAC shall provide a reasonable opportunity at each of its meetings for members of the public to address DMAC. This provision shall not apply to any joint workshop with the School Board or to any subcommittee meeting. DMAC shall announce to the public before receiving public input that DMAC does not receive and act on any individual complaints or requests and does not act as an appellate body to review any decision of the district or school administrators. DMAC shall also inform the public before receiving input that it acts as a monitoring, and advisory committee concerning the achievement and maintenance of a unitary school system.

(6) Meetings

(a) The first meeting of DMAC shall be November 11, 1999.

(b) DMAC shall meet at least four times a year and may set additional meetings as necessary. At the initial meeting of DMAC, the dates of the remaining three meetings of the first year of operation shall be set. Thereafter, DMAC shall set the dates of the minimum four meetings for the subsequent year at the last meeting of each year.

(c) Additional meetings may be set by a majority vote of the committee at any meeting of the committee or special meetings may be called by the chairperson upon a minimum of 15 days written notice to the membership.

(7) Officers

DMAC shall annually elect a chairperson, vice-chairperson, and secretary from among the membership of the committee.

(8) Quorum

DMAC cannot take any action or carry on a meeting in the absence of a quorum. A quorum at any meeting of DMAC shall consist of attendance by two-thirds (2/3) of the membership (that is, ten of the fourteen) or more. The vote of the majority of the members present at a meeting at which a quorum is present is necessary for the adoption of any matter voted on by DMAC.

(9) Training

The School Board and the NAACP North and South shall provide training for all new members of DMAC concerning the history of desegregation, the definition and achievement of unitary status, and the functions and purposes of DMAC. Appointees must attend and receive training to assume membership in DMAC.

(10) Meeting Space

The School Board will provide adequate and dignified meeting space for DMAC at the administration building (or another place, if agreed by DMAC). All meetings for the transaction of business shall occur in Pinellas County.

(11) Bylaws

DMAC may adopt such bylaws and rules of operation as may be necessary for the efficient performance of its functions including the receipt of public comments. Any such bylaws and rules must be consistent with the provisions of this rule and approved by the School Board pursuant to the provisions of the APA.

The bylaws shall provide for the appointment of subcommittees if deemed appropriate by DMAC.

(12) Responsibilities of DMAC

DMAC shall function as an advisory body to the School Board with respect to the matters set forth in this rule.

(a) Education, Information, and Advice

1. At least annually, beginning for the school year 1999-2000, the Superintendent or designee(s) will file a report and make a presentation to DMAC on what the school district prescribed and implemented with respect to the Plan addressing student achievement, student discipline, and assignment of students to programs developed pursuant to the stipulation between the Defendants (the School Board, and others) and the Plaintiff class dated June 18, 1998, that was filed in Bradley, et al v. Pinellas County School Board. The Superintendent’s report to DMAC shall include the following:

a. Whether the school district has implemented the Plan in good faith;

b. What results the school district has achieved with the Plan in effect. Such report shall contain but not be limited to data in detail disaggregated by race and sex with regard to grades, scores on standardized tests, drop-out rates, graduation rates, expulsions, suspensions both in-school and out-of-school, and assignment to special programs or classes. Special programs or classes shall include all programs or classes designed to assist students who appear to need special or additional help, all programs or classes designed for students who appear to be advanced, and all programs or classes designed to provide specialized training.

c. Whether such implementation has succeeded in addressing, in a substantial and meaningful way, the issues of student achievement, student discipline, and assignment of students to programs.

d. What changes have been made to the Plan to improve it.

e. Whether continued good-faith implementation of the Plan offers a realistic promise of achieving the goals described in the June 18, 1998, stipulation.

2. DMAC will receive the reports and presentations from the Superintendent or designee(s) and will review the information, distinguish areas of greater and lesser progress, and advise the School Board on practicable means and measures to obtain further success in the three areas (student achievement, student assignment, and student discipline) identified in the stipulation of June 18, 1998.

(b) Facilities and Resources

1. Prior to School Board consideration, the Superintendent or designee(s) will present to DMAC the proposed five-year Work Plan for facilities in sufficient time to allow DMAC to provide the School Board its recommendations on the work plan. “Sufficient time” in this context shall be not less than thirty (30) days prior to the hearing at which the School Board considers the plan.

2. DMAC will review the work plan to determine if additions and renovations to existing facilities are being made in a non-discriminatory manner and will make its recommendations to the School Board in any areas of concern.

3. The Superintendent or designee(s) will present any proposed new school to DMAC in sufficient time to allow DMAC to review the proposal and make its recommendations to the School Board concerning same.

4. The Superintendent or designee(s) will report at least annually to DMAC on the allocation of textbooks and other resources and demonstrate to DMAC that such allocations have been made in a manner so that the allocation per weighted FTE for black students shall be at least equal to that for white students. DMAC will review the reports and information and shall advise the Board regarding the allocation of such resources.

5. Until construction is complete, the Superintendent or a designee(s) will report at least four times annually on the school district’s progress toward building the three new elementary schools or their equivalent, one new middle school or its equivalent, and additional student stations at the high school level in south Pinellas County south of Central Avenue and east of 58^th Street south. The reports shall review progress toward agreed milestones by construction project. DMAC will make recommendations to the School Board concerning the progress as it deems appropriate.

1. The Superintendent or a designee(s) will present at least annually to DMAC the district’s plans and information concerning recruitment, employment, and placement of black educators. The report will include the status of continuing the critical shortage classification of black educators so long as there is a significant difference between the percentage of black students and the percentage of black teachers.

2. DMAC will review the report and information received and identify areas of concern and make recommendations to the School Board concerning the same as appropriate.

(d) Administrative Staff

1. The Superintendent or a designee(s) shall report at least annually to DMAC, demonstrating the continued support of minority administrative staff including efforts to maintain the distribution of administrative staff in all school levels and central administration, the general geographic apportionment at least as equitable as levels that existed in the 1998-99 school year, and the continuation of special programs, such as Leadership 2000, that foster development of minority leaders.

2. DMAC will review the report and information and identify the areas of concern and make recommendations to the School Board it deems appropriate.

(e) Extracurricular Activities

1. The Superintendent or designee(s) at least annually will report to DMAC on student participation in all extracurricular activities by overall district participation and by school. Data shall be disaggregated by race and sex.

2. DMAC will review the report and information and determine if there are any areas of concern and make recommendations to the School Board as it deems appropriate.

(f) Transportation

1. The Superintendent or a designee(s) at least annually will report to DMAC on the provision of transportation services.

2. DMAC will review the report and information and determine if there are any areas of concern relative to the equity of transportation services being provided to minority students and make recommendations to the School Board as it deems appropriate.

(g) Student Assignment

The Superintendent or a designee(s) at least annually will report to DMAC concerning the development and implementation of the student assignment plan of the district. The report shall describe the racial composition of each school and the state of compliance with the relevant Order. The report shall include, but not be limited to the following:

1. Until a Choice Plan of Student Assignment has been adopted and implemented, such report, in addition to the racial makeup of each school, shall include identification of school assignment zones, the racial makeup of such school assignment zones, identification of any schools that need changes in school assignment zones to maintain compliance with the Court Order on student assignment, any changes proposed by the school district to student assignment zones, and data disaggregated by race on applications for Special Attendance Permits (SAPs) and on SAPs granted.

2. Until a Choice Plan of Student Assignment has been adopted and implemented, such report, in addition to the information required in the subsection above shall include an assessment of the progress toward adoption and implementation of a Choice Plan, including all then-current information on such issues as number of choice zones, locations of choice zone boundaries, identification of preferences for choices (such as program, sibling, diversity, proximity), definition of each preference category, determination of the operation and relationship of preference categories, determination of cross zone/SAP rules, location of zone offices for preference selection/parent-student information, determination of grandfather clauses, identification of zone councils, their make up, duties, selection and bylaws, determination of ratios to be utilized during the “Controlled Choice” phase of the plan, majority-minority transfer policies, determination of types of school programs, including “Attractor Programs”, criteria for determination of underchosen schools, determination of criteria for availability and allocation of resources to underchosen schools for improvement, determination of transportation allocation, and definition of phase-in process from “Controlled Choice” to “Clustered Choice”.

3. Once a Choice Plan of Student Assignment is adopted, but before implementation, such report shall include a detailed description of the Choice Plan that has been adopted and details of the implementation schedule of that Choice Plan and schedule of each detailed step of implementation of each and every aspect of that Choice Plan.

4. Once a Choice Plan of Student Assignment has been adopted and implemented, such report shall include data disaggregated by race as to student population at each and every school; data disaggregated by race as to first choice attendance, second choice attendance, third choice attendance, and attendance other than the first three choices; data disaggregated by race for each and every school as to selections of that school as first choice, selection of that school as second choice and selection of that school as third choice; data disaggregated by race by school and disaggregated by preference as to students assigned as a result of the various student assignment preferences; identification of “Attractor Programs”; effectiveness of “Attractor Programs”; for the preceding school years, identification of underchosen schools; giving the criteria by which such schools are identified as underchosen; identification of all plans for improvement of underchosen schools, giving information on resources available and the methods of determining the availability of those resources and for all schools identified as having a student population that does not conform to the ratios in effect for any Controlled Choice year or, for any years after the last year of Controlled Choice, the ratio determined by the methodology used during that last year of Controlled Choice, and description and details of all plans in effect for bringing such schools in conformance with said ratios. It is understood that, after Controlled Choice is no longer in effect and ratios will not be mandatory, diversity of student population at each and every school shall remain a valid and preeminent goal.

5. DMAC will review the report and information and determine if there are any areas of concern and make recommendations to the School Board as it deems appropriate.

6. For purposes of this rule, the relevant Court’s Order is the Decree of Summary Judgment entered January 15, 1965 and implemented by the Final Order entered July 23, 1971, as amended by the Amended Judgment entered July 30, 1971; the Order of Amendment to Final Order and Amended Judgment entered May 18, 1977, including adoption by reference the Stipulation of October 27, 1976; the Order of Amendment entered November 26, 1980, including adoption by reference the Stipulation of November 19, 1980, and filed November 24, 1980; the Order entered June 3, 1982, adopting by reference the Joint Stipulation of April 28, 1982; the Order entered June 2, 1988, adopting by reference the Joint Stipulation of May 10, 1988; the Order of April 24, 1989, adopting by reference the Stipulation of April 20, 1989; the Order of February 18, 1993; the Order of November 29, 1996, adopting by reference the Joint Stipulation of November 8, 1996; the Order of May 26, 1998; and the order of January 12, 1999.

(h) Charter Schools

1. DMAC shall also review applications for charter schools and amendments, if any, to applications for charter schools; and it may (in accordance with the provisions of Subsection C. ("Charter Schools") of the Student Assignment section of the December 17, 1999 "Stipulation for Unitary Status in the Areas of Extracurricular Activities, Faculty Assignment, Student Assignment, Relative Quality of Education, and Mandatory Injunction," as amended) provide comments to the School Board concerning whether the potential impact of the proposed charter may materially or noticeably impair the School Board's ability to carry out its obligations under this Amended Order or under the December 17, 1999 Stipulation, as amended.

2. In addition, DMAC shall review each proposed charter, each proposed amendment to a charter, and each proposed renewal of a charter prior to consideration by the School Board for final approval and may, in accordance with the provisions of Subsection C. ("Charter Schools") of the Student Assignment section of the December 17, 1999 Stipulation, as amended, provide comments concerning whether the potential impact of the proposed charter, the proposed amendment to a charter or proposed renewal of a charter may materially or noticeably impair the School Board's ability to carry out its obligations under this Amended Order or the December 17, 1999 Stipulation, as amended.

(i) Reports, Recommendations, and Comments from DMAC

1. All reports, recommendations, and comments from the committee to the School Board shall be in writing. Such reports, recommendations, and comments shall be forwarded to the Superintendent for review by the Superintendent and transmittal to the School Board within two (2) weeks of receipt.

2. Any member of DMAC who disagrees with a written report, recommendation, or comment of DMAC shall be permitted to append a signed statement setting forth the basis for such disagreement.

3. Nothing shall prevent DMAC from presenting a consolidated report on two or more areas identified above.

4. Nothing shall preclude oral presentations to the Board by DMAC.

(13) Responsibilities of the Superintendent

(a) The Superintendent shall respond as promptly as practicable to all requests for information from DMAC and shall make appropriate staff available for appearance at DMAC meetings to discuss matters coming before the committee. It shall provide DMAC such clerical and other assistance as may reasonably be required for DMAC’s timely discharge of its responsibilities.

(b) The Superintendent shall review each report, recommendation, or comment forwarded by DMAC and shall make recommendations to the School Board within 30 days of receipt for action on the report, recommendation, or comment of DMAC.

(c) The Superintendent shall provide DMAC with a copy of the Superintendent’s recommendation for action by the School Board and notify DMAC when the School Board will consider and act upon the Superintendent’s recommendations.

(d) Nothing shall prevent the Superintendent from presenting a consolidated report on two or more areas identified above.

(14) Responsibilities of the School Board

The School Board shall review each report, recommendation or comment of DMAC and the subsequent recommendation of the Superintendent concerning same and take such action and provide such response as the School Board deems appropriate.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Amended Order Granting Unitary Status in Bradley, et al. vs. Pinellas County School Board, case no. 64-98-CIV-T-23B, 08/30/99

History: New 10/12/99, Amended 10/9/01, 12/11/01

2.22 DISTRICT MONITORING AND ADVISORY COMMITTEE BYLAWS

The bylaws of the District Monitoring and Advisory Committee (DMAC) shall be as follows:

ARTICLE I – Name of Organization

The name of this organization shall be District Monitoring And Advisory Committee (DMAC) per order of the United States District Court for the Middle District of Florida and by rule of the Pinellas County School Board enacted pursuant to Order of the Court, hereinafter referred to as the Committee.

ARTICLE II – Purpose, Function and Basic Policies

Section 1. The purpose and functions of this Committee as determined by Order of the United States District Court for the Middle District of Florida and School Board rule shall be:

A. The Committee shall comply with all Orders of the United States District Court for the Middle District of Florida as entered in the case of Bradley v. Pinellas County School Board.

B. The Committee shall act as the eyes and ears of the community to ensure that the School Board is accountable to the community for establishing and maintaining a unitary school system, that is one free from the vestiges of the formerly dual school system in the areas of relative quality of education, student assignment, faculty assignment, administrative staff assignment, facilities and resource allocation, transportation and extracurricular activities. To do so, the Committee will offer recommendations to the School Board concerning issues of equity, diversity and the school district’s achievement and maintenance of the unitary school system.

C. To obtain information from whatever source in order to assess and advise the School Board concerning the items in Paragraph B.

D. The Committee shall function as an advisory body to the School Board with respect to matters set forth in all Orders of the United States District Court in the case of Bradley v. Pinellas County School Board and as set forth in School Board Policy 2.21.

E. The Committee shall submit written reports to the Superintendent making recommendations and comments on each of the seven factors of a unitary school system, as well as on issues of equity and diversity.

1. Any member of the Committee who disagrees with a written report, recommendation or comment of the Committee shall be permitted to append a signed statement setting forth the basis for such disagreement. This written statement shall be submitted at the same time as the majority report.

2. Nothing shall prevent the Committee from presenting a consolidated report on two or more areas of concern as identified in School Board Policy 2.21.

3. Nothing shall preclude oral presentation to the School Board by members of the Committee

Section 2. Basic policies

A. The Committee shall be non-partisan, non-commercial and non-sectarian.

B. The Committee shall conduct its business under the principles of the Government in the Sunshine Law (§286.0111) and Florida Public Records Act (Chapter 119).

C. The role of the Committee must be performed with the utmost objectivity without regard to personality, position or power, with the educational welfare of all the children of Pinellas County as primary focus.

D. The Committee shall work collaboratively with the school district to ensure that systems are provided which ensure a quality with regard to student learning facilities, resources, student assignment, extracurricular activities, transportation, administrative staff and faculty. The Committee shall assist the Pinellas County School Board in an advisory capacity, as to the School Board’s responsibility for school improvement and accountability, pursuant to Florida statutes, state administrative regulations, Pinellas County School Board policy and orders of United States District Court for the Middle District of Florida as entered in the case of Bradley v. Pinellas County School Board.

E. The Committee is not an appellate body, nor is it to take action on individual complaints as to the functioning of the school system. Rather, the Committee is solely to function within the parameters as outlined in these bylaws, the rule and policies of the Pinellas County School Board and all Orders of the United States District Court for the Middle District of Florida entered in the case of Bradley v. Pinellas County School Board.

F. The name of the Committee or names of any members of the Committee in their official capacities as members of the Committee shall not be used in any connection with any commercial concern.

ARTICLE III – Representation and Membership

Section 1. Representation and membership on the Committee shall be as described by the Order of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, which includes the rule adopted by the School Board as policy establishing the Committee. The terms of subsequent appointees will be from November 1 of the year the appointment is made to October 31 of the year their term expires.

Section 2. The School Board shall provide a member to attend each regular meeting of the Committee to act as the School Board liaison.

Section 3. The Superintendent shall appoint a liaison to the Committee who shall be responsible for providing clerical assistance and supplies necessary for the operation of the Committee.

A. The district liaison shall attend all Committee meetings and shall coordinate the appearance of other staff as deemed appropriate by the Superintendent or upon request of the Committee as may be reasonable.

Section 4. An appointing authority, pursuant to the Order of the United States District Court for the Middle District of Florida, establishing the rule of the School Board as policy with regard to the Committee, may appoint a new member if a vacancy occurs within the group of appointees appointed by that appointing authority prior to the completion of that appointee’s term. Any such appointment that occurs prior to the expiration of such term shall be for the expiration of that term.

Section 5. If an appointing authority ceases to exist, then the procedure for obtaining another appointing authority shall be as provided in the Order of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, and which was enacted as rule and policy concerning the creation of the Committee.

Section 6. Any Committee member who misses two meetings during a school year shall be contacted by the chairperson regarding non-attendance. At the direction of the committee, the chairperson shall remove such member for non-attendance. Further, a member may be removed by majority vote of a quorum of the members present for non-adherence to the basic policies of the Committee.

ARTICLE IV – Officers and Their Elections

Section 1. Pursuant to Order of the United States District Court for the Middle District of Florida in the case of Bradley v Pinellas County School Board and the rule of the Pinellas County School Board established by such Order as policy, the Committee shall annually elect a chairperson, a vice chairperson and secretary from among its membership.

A. The officers shall represent one of the three groups of the following appointing authorities; 1) NAACP north and south, 2) the Pinellas County Council of PTAs and Pinellas SAC Association, Inc., and 3) Pinellas Classroom Teachers Association, Pinellas Administrators Association and the Pinellas County School Board. Each year an officer shall be elected from each of the three foregoing groups.

B. Nominations shall be taken from the floor for the office of chairperson, with a corresponding election of chairperson immediately to follow the nominations. Nominations will then be taken for the office of vice chairperson with the corresponding election for that office. Finally, nominations will be taken for the position of secretary with the election for that office.

C. Officers shall be elected by ballot at the November meeting of each year. However, if there is only one nomination, the election may be done by voice vote of members.

D. Officers shall assume their duties after the election at the November meeting of each year and serve a term of one year or until a successor has been elected. Terms of office shall be from the November election to October 31 of the year following the election.

E. A person shall not be eligible to serve more than two consecutive terms in the same office.

Section 2. Vacancies in any position of officer shall be filled at the first meeting of the Committee that is held after notification of the vacancy.

A. A vacancy in the position of chairperson shall result in that position being filled by the vice-chairperson. A new vice- chairperson shall be elected using the same provisions as stated in Section 1 of this Article.

B. A vacancy in the position of vice-chairperson shall result in a new vice-chairperson being elected using the same

provisions as stated in Section 1 of this Article.

C. A vacancy in the position of secretary shall result in a new secretary being elected using the same provisions as stated in

Section 1 of this Article.

ARTICLE V – Duties of Officers

Section 1. The chairperson shall preside at all meetings of the Committee. The chairperson shall perform such duties as prescribed by these bylaws or as assigned to the chairperson by the Committee. The chairperson shall seek clarification, if needed, from the attorneys for the Plaintiff and Defendant in the case of Bradley v. Pinellas County School Board provided such advice will not result in additional cost to the School Board. The chairperson shall coordinate the work of the officers and any subcommittees that may be created, such that the purpose, function and basic policies of the Committee may be promoted.

Section 2. The vice-chairperson shall preside over Committee meetings in the absence of the chairperson, and shall perform the duties of the chairperson in the absence or disability of the chairperson.

Section 3. The secretary shall record minutes of each meeting of the Committee and shall deliver such minutes to the district liaison for distribution to members within ten working days after the meeting date. The secretary shall keep a roster of members of the Committee with their original election date, term of office and the date and manner of termination of any such membership. The secretary shall further provide the log to members of the public to sign such that they may be recognized to speak before the Committee.

Section 4. All officers agree to abide by these bylaws, by all Orders of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, the rule of the Pinellas County School Board establishing this Committee in policy and by parliamentary authority adopted by the Committee.

Section 5. All officers shall agree to deliver all official materials to their successor within 10 days after the end of their elected term of office.

ARTICLE VI – Meetings

Section 1. All meetings of the Committee shall comply with all Orders entered in the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, and specifically that Order establishing the Pinellas County School Board rule as policy, enacting the creation of the Committee.

A. Committee meetings shall last approximately two hours unless extended by agreement of the Committee.

B. Agendas and all materials and data necessary to support the agenda shall be mailed to members at least ten days prior

to the date of meeting.

C. Regular meetings shall be set at the last Committee meeting of each year. Additional regular meetings may be set by

the Committee. Special meetings may be called if necessary to complete the business of the Committee when approved

by the majority vote of the Committee.

Section 2. The Committee shall not take any action or carry on a meeting in the absence of a quorum. A quorum at any committee meeting shall consist of attendance by two-thirds of the membership, that is 10 of the fourteen members. The majority of the members present at that meeting, at which a quorum is present, is necessary for the adoption of any matter voted on by the Committee.

Section 3. All meetings for the transaction of committee business shall occur in Pinellas County.

Section 4. All meetings of the Committee shall be open to the public and shall be properly noticed to members of the public.

Section 5. Agenda planning for each Committee meeting will begin at the end of each meeting. Items recorded in the minutes as unfinished will be placed on the agenda for the next meeting as old business. Those items of business recorded in the minutes generated by discussion at the previous meeting will appear as new business. Committee members wishing to place items on the agenda for future meetings may do so at the end of each meeting or by contacting the district liaison at least three weeks prior to the next meeting. Each item of business should be assigned an approximate time limit and be identified on the agenda so that all Committee members may aid the chairperson in honoring time limits.

Section 6. Written minutes are required for each meeting. Each meeting shall be audio recorded for the convenience of the Committee.

Section 7. Minutes of each meeting and written reports, recommendations and any other records of the Committee shall be open to public inspection. To facilitate public information, minutes and reports, as well as the upcoming agenda shall be published on the Pinellas County School Board’s website.

Section 8. The Committee shall provide a reasonable opportunity at each regular meeting for members of the public to address the Committee.

A. The chairperson will announce at the beginning of the meeting the procedure for receiving public comments which are as follows:

1. Members of the public shall be given three minutes to address the Committee during the open agenda and public comment portion of the agenda.

2. Members of the public wishing to speak shall identify themselves and the secretary shall record their names and a brief synopsis of their comments for the minutes.

3. The vice chairperson shall serve as timekeeper for the public comment portion of the Committee meeting.

Section 9. Meetings shall be conducted according to the “meeting ground rules” which are agreed upon each year by the members of the Committee.

A. Prior to the meeting the chairperson shall announce that the Committee is not an appellate body, nor is it to take action on individual complaints as to the functioning of the school system, individual staff members or individual schools.

ARTICLE VII – Subcommittees

Section 1. Subcommittees may be appointed by the Committee to develop recommendations pertaining to DMAC's charge as stated in the unitary agreement. Appointment of such groups shall be done so by a majority vote or by consensus of Committee members.

ARTICLE VIII – Authority

Section 1. All Orders of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board will take precedence over any rule, policy or bylaw with regard to the Committee.

Section 2. The rule enacted as part of one of the Orders of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, which establishes such rule as the policy of the Pinellas County School Board creating the Committee, shall take precedence over any of these bylaws.

Section 3. As to interpretation of bylaws and court orders, the committee may consult with the attorneys for the Plaintiff and the Defendant in the case of Bradley v. Pinellas County School Board provided such advice will not result in additional cost to the School Board.

Section 4. With regard to procedural matters, Roberts Rules of Order newly revised shall govern in all cases in which they are applicable and in which they are not in conflict with these bylaws, nor the rule of the Pinellas County School Board nor the Order of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board.

ARTICLE IX – Amendments

Section 1. No amendment to these bylaws may conflict with any Order of the United States District Court for the Middle District of Florida as entered in the case of Bradley v. Pinellas County School Board, and with the rule adopted by the Pinellas County School Board.

Section 2. Any amendment to these bylaws based upon the rule of the Pinellas County School Board established as policy the Committee, may not pursuant to Order of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, be changed in any way except as provided within such Order of the Court.

Section 3. Any provision of these bylaws that is not based upon Order of the Court or rule of Pinellas County School Board may be amended.

A. Amendments to these bylaws shall be presented in writing to all members at least 30 days prior to a vote.

B. Amendments to these bylaws may be adopted at a regular meeting of the Committee or a special meeting of the Committee as needed, by a majority vote of the quorum present.

C. The amendment shall become effective upon approval of the majority of the quorum present and subsequent approval of the Pinellas County School Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Amended Order Granting Unitary Status in Bradley, et al. vs. Pinellas County School Board, case no. 64-98-CIV-T-23B, 08/30/99

History: New 6/13/00; Amended 6/26/01, 12/10/02

2.23 DISTRICT SAFETY AND SECURITY

(1) The Pinellas County School District is committed to providing a safe and healthy environment in which to learn and work. The Superintendent shall establish a District Safety and Security Council to align and coordinate district efforts to ensure a safe and healthy environment for students, employees and visitors.

(2) The District Safety and Security Council will be responsible for developing and maintaining the district's Safety and Security program including the Incident Command System (ICS), the Critical Incident Management Plan (CIMP), the Critical Incident Response Team and the Emergency Management Procedures. Administrators at the cabinet, school and department level shall be responsible for implementing these plans and procedures. All employees are required to comply with these plans and procedures.

(3) The Pinellas County School District shall comply with the Department of Homeland Security’s National Incident Management System, or NIMS, which was developed to enable emergency responders from different jurisdictions and disciplines to work together better to respond to natural disasters and emergencies, including acts of terrorism. The District’s compliance obligations are defined in the Statewide Policy for Strengthening Domestic Security in Florida’s Public Schools approved October 10, 2003, and modified February 28, 2006, as produced by the Florida Department of Education and the Florida Regional Domestic Security Task Force Education Sub-Committees, which is incorporated herein by reference. A copy of the “Statewide Policy for Strengthening Domestic Security in Florida’s Public Schools” may be viewed at http://www.firn.edu/doe/besss/em_plan/pdf/terrorism_policy.pdf

(4) The Pinellas County School District shall participate in local emergency management as designated in the agreement with the Pinellas County Board of County Commissioners.

(5) The Superintendent (or designee) shall serve as the district's Emergency Management Coordinator. When an emergency or incident occurs, the district's Incident Command System may be implemented. A directive from the Incident Command Center or the district's Emergency Management Coordinator must be treated as a directive from the Superintendent.

(6) In accordance with Florida statutes all employees called in to work during an emergency are required to comply and will be compensated. Employees who fail to comply will be subject to disciplinary action in accordance with board policy.

(7) Employees have a right and responsibility to identify and report unsafe or unhealthy conditions and are required to work safely and follow the procedures established for them. Compliance with safety policies and procedures is a requirement of all employees and employees will be evaluated on adherence to this policy.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 252.38 F.S.

History: New 1/11/05; Amended 9/12/06

(a) The School Board will provide adequate and dignified meeting space for ICROC at the administration building (or another place, if agreed by ICROC). All meetings for the transaction of business shall occur in Pinellas County.

(a) ICROC shall function as an advisory body to the School Board to advise the School Board on whether the School Board is utilizing the proceeds of the additional one-half mill ad valorem tax for necessary operating expenses including funds to recruit and retain quality teachers; preserve reading programs and music and art classes; and provide up-to-date textbooks and technology.

(b) ICROC will quarterly render a report to the School Board containing comments on the School Board's compliance with the ballot language. The report will be kept on file in the School Board office and made available to the public.

1. All reports and comments from the ICROC to the School Board shall be in writing. Such reports and comments shall be forwarded to the School Board with a copy provided to the Superintendent.

2. Any member of ICROC who disagrees with a written report or comment of ICROC shall be permitted to append a signed statement setting forth the basis for such disagreements.

3. An oral presentation of the report to the Board shall be made by ICROC at a regularly scheduled School Board meeting under the Special Order Agenda.

(a) The Superintendent (or designee) shall at least quarterly file a report and make a presentation to ICROC clearly demonstrating how the additional proceeds of the one-half mill ad valorem tax is being expended. Eighty (80) percent of the proceeds shall be allocated exclusively to salaries/benefits.

(b) The Superintendent (or designee) shall respond as promptly as practicable to all requests for additional information from ICROC and shall make appropriate staff available to present information on the expenditure of the proceeds of the additional one-half mill ad valorem tax. The Superintendent shall provide ICROC such clerical and other assistance as may reasonably be required for ICROC’s timely discharge of its responsibilities.

(c) The Superintendent shall review each report forwarded by ICROC and shall make recommendations to the School Board within 30 days of receipt for action, if any, on the report of ICROC.

(d) The Superintendent shall provide ICROC with a copy of the Superintendent’s recommendation for action by the School Board and notify ICROC when the School Board will consider and act upon the Superintendent’s recommendations.

(1) The Pinellas County School District is committed to providing healthy schools, by supporting wellness, good nutrition, and regular physical activity as a part of the total learning environment.

(2) The Superintendent shall establish a School Health Advisory Committee (SHAC) to align and coordinate districts efforts to ensure a healthy learning environment and promote lifelong wellness.

(d) Nutrition guidelines for all foods available on the school campus during the day

(e) Assurances that the guidelines for reimbursable school meals are not less restrictive than federal requirements

(4) Membership of the School Health Advisory Committee (SHAC) shall reflect the Coordinated School Health Model. The Coordinated School Health Model consists of eight discrete health components representing 1) comprehensive health education, 2) physical education, 3) school health services, 4) school counseling, psychological and social services, 5) nutrition services, 6) healthy school environment, 7) school-site health promotion for staff, and 8) family and community involvement in school health. These components shall be represented by school district staff, parents, students and community. Although not members of SHAC, the School Board will be involved in the development of the Administration Guidelines on Wellness, Physical Activity and Nutrition.