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THE CABINET

STATE OF FLORIDA

_____________________________________________________

Representing:

DIVISION OF BOND FINANCE, STATE BOARD OF ADMINISTRATION
DEPARTMENT OF VETERAN'S AFFAIRS
SITING BOARD
STATE BOARD OF EDUCATION
DEPARTMENT OF AGRICULTURE
BOARD OF TRUSTEES
STATE BOARD OF ADMINISTRATION


The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Bush presiding, in
the Cabinet Meeting Room, LL-03, The Capitol, Tallahassee,
Florida, on Tuesday, August 13, 2002 commencing at
approximately 9:30 a.m.


Reported by:

KRISTEN L. BENTLEY
Court Reporter

ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE, FL 32301 (850)878-2221


2
APPEARANCES:

Representing the Florida Cabinet:

JEB BUSH
Governor

JIM SMITH
Secretary of State

ROBERT F. MILLIGAN
Comptroller


CHARLES H. BRONSON
Commissioner of Agriculture

BOB BUTTERWORTH
Attorney General

CHARLIE CRIST
Commissioner of Education

TOM GALLAGHER
Treasurer

* * *

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3
I N D E X

ITEM ACTION PAGE
DIVISION OF BOND FINANCE
(Presented by Ben Watkins )

ITEM ACTION PAGE
1 - 8 Approved 4

DEPARTMENT OF VETERANS AFFAIRS
(Presented by Rocky McPherson)

ITEM ACTION PAGE
1 Approved 8

SITING BOARD
(Presented by David Struhs)

ITEM ACTION PAGE
1 Approved 11
2 Approved 12

STATE BOARD OF EDUCATION
(Presented by Robin Safley)

ITEM ACTION PAGE
1 - 2 Approved 13
3 - 4 Approved 14
5 Approved 78
6 Approved 95
7 - 27 Approved 95

DEPARTMENT OF AGRICULTURE
(Presented by Sherman Wilhelm)

ITEM ACTION PAGE
1 Approved 96
2 Deferred 97


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BOARD OF TRUSTEES
(Presented by David Struhs)

ITEM ACTION PAGE
1 Approved 98
2 Denied 100
3 Approved 102
4 Approved 102
5 Approved 110
6 Withdrawn 111

STATE BOARD OF ADMINISTRATION
(Presented by Coleman Stipanovich)

ITEM ACTION PAGE
1 Approved 112
2 - 4 Approved 113
5 - 6 Approved 114
7 Approved 115
8 Approved 121
9A, B, C Approved 121
10A, B Approved 123
11 Approved 127


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DIVISION OF BOND FINANCE, AUGUST 13, 2002 5
1 P R O C E E D I N G S

2 (The agenda items commenced at approximately 9:30 a.m.)

3 GOVERNOR BUSH: The next cabinet meeting will be

4 held Tuesday, Auguest 27th in Tallahassee. We'll now

5 begin the agenda. Colleen tells me we've got a change

6 in the lineup here so I want to go through it for the

7 cabinet. First is the Division of Bond Finance, then

8 the Department of Veteran Affairs, then the Siting

9 Board. The Financial Management Information Board has

10 been deferred, the entire agenda has been deferred.

11 Then the State Board of Administration, Department of

12 Agriculture, Board of Trustees, State Board of

13 Administration. Ben.

14 MR. WATKINS: Good morning, Governor. Item 1 is

15 the minutes of the June 25th meeting.

16 ATTORNEY GENERAL BUTTERWORTH: Move.

17 TREASURER GALLAGHER: Second.

18 GOVERNOR BUSH: Moved and seconded. Without

19 objection, the item is passed.

20 MR. WATKINS: Item No. 2 is the resolution

21 authorizing the issuance of up to $613,400,000 of PECO

22 bonds. That is the entire authorization for the

23 current fiscal year. The resolution also authorizes a

24 competitive sale of up to $250 million of that

25 authorization.

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DIVISION OF BOND FINANCE, AUGUST 13, 2002 6
1 ATTORNEY GENERAL BUTTERWORTH: Move.

2 TREASURER GALLAGHER: Second.

3 GOVERNOR BUSH: Moved and seconded. Without

4 objection, the item passes. $600 million. That's a

5 lot.

6 MR. WATKINS: Yes, sir. We keep moving forward

7 with the program.

8 Item No. 3 is a resolution authorizing the

9 issuance and competitive sale of up to $295 million of

10 PECO refunding bonds.

11 TREASURER GALLAGHER: Move.

12 ATTORNEY GENERAL BUTTERWORTH: Second.

13 GOVERNOR BUSH: Moved and seconded. Without

14 objection, the item passes.

15 MR. WATKINS: Item 4 is a resolution authorizing

16 the competitive sale of up to $150 million in Florida

17 Forever bonds to continue the implementation of that

18 program.

19 COMMISSIONER CRIST: Move.

20 ATTORNEY GENERAL BUTTERWORTH: Second.

21 GOVERNOR BUSH: Moved and seconded. Without

22 objection, the item passes.

23 Since Secretary Smith has been on this cabinet

24 we've just approved the authorization of about a

25 billion dollars worth of debt. Congratulations, Jim.

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DIVISION OF BOND FINANCE, AUGUST 13, 2002 7
1 (Laughter.)

2 MR. WATKINS: Item No. 5 is a resolution

3 authorizing the competitive sale of up to $200 million

4 in right-of-way acquisition and bridge construction

5 bonds for the Department of Transportation.

6 ATTORNEY GENERAL BUTTERWORTH: Move.

7 TREASURER GALLAGHER: Second.

8 GOVERNOR BUSH: Moved and seconded. Without

9 objection, the item passes. Let me make an amendment.

10 It's a billion two now.

11 MR. WATKINS: Item No. 6 is a resolution

12 authorizing the issuance and competitive sale of up to

13 $60 million of right-of-way refunding bonds.

14 TREASURER GALLAGHER: Move.

15 GOVERNOR BUSH: Is there a second?

16 ATTORNEY GENERAL BUTTERWORTH: Second.

17 GOVERNOR BUSH: Moved and seconded. Without

18 objection, the item passes.

19 MR. WATKINS: Item No. 7 is a report of award on

20 the competitive sale of $150 million in Lottery bonds.

21 The bonds were awarded to the low bidder at a true

22 interest cost of 4.44 percent.

23 TREASURER GALLAGHER: Move.

24 COMMISSIONER BRONSON: Second.

25 GOVERNOR BUSH: Moved and seconded. Without

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DIVISION OF BOND FINANCE, AUGUST 13, 2002 8
1 objection, the item passes.

2 MR. WATKINS: And lastly, Item No. 8 is a report

3 of award on the competitive sale of $94.7 million in

4 capital outlay refunding bonds. The bonds were awarded

5 to the low bidder at a true interest cost of

6 3.74 percent, generating gross debt service savings to

7 the state of approximately $9.3 million.

8 COMMISSIONER BRONSON: Motion.

9 ATTORNEY GENERAL BUTTERWORTH: Second.

10 GOVERNOR BUSH: Moved and seconded without

11 objection. The motion passes. Thank you, Ben.

12 MR. WATKINS: Thank you.

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DEPARTMENT OF VETERAN'S AFFAIRS, AUGUST 13, 2002 9
1 GOVERNOR BUSH: The Department of Veterans

2 Affairs.

3 MR. McPHERSON: Good morning, Governor Bush and

4 cabinet members. I'm Rocky McPherson, currently the

5 administrative director for the Department of Veterans

6 Affairs. Our agenda item this morning is the

7 succession of the executive director position since

8 Jennifer Carroll has moved on to run for Congress.

9 COMPTROLLER MILLIGAN: I'll move your

10 recommendation as Rocky McPherson as the interim and I

11 would recommend that we, in the interest of recognizing

12 the additional responsibility, a 10 percent increase in

13 his salary during the interim period of serving.

14 GOVERNOR BUSH: Any discussion?

15 ATTORNEY GENERAL BUTTERWORTH: Second.

16 GOVERNOR BUSH: There is a motion and a second to

17 make Rocky McPherson the interim director of the

18 Department of Veterans Affairs. Without objection, the

19 item passes.

20 MR. McPHERSON: Thank you very much, sir. May I

21 take just a second?

22 GOVERNOR BUSH: Absolutely. You can take more

23 than a second.

24 MR. McPHERSON: Okay. Thank you. During the past

25 three years this Department, with your leadership and

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DEPARTMENT OF VETERAN'S AFFAIRS, AUGUST 13, 2002 10
1 that of Robin Higgins and Jennifer Carroll, has

2 succeeded in doing several things and I'd like to just

3 mention a few of them. We have really worked hard at

4 improving communications with veteran service

5 organizations and we've done well there.

6 We've continued to expand the state veterans' home

7 program and their bringing to fruition two new homes in

8 Bay and Charlotte County. And we are continuing to

9 work with our veterans in enhancing the services we

10 provide them in getting their claims processed through

11 the Federal Department of Veterans' Affairs to gain all

12 the benefits that they rate due to their military

13 service with the nation.

14 During these three years I really have had a great

15 opportunity to be a part of all the endeavors that have

16 gone on with both Robin and Jennifer. There are many

17 good things we've done, but we have several challenges

18 on the table as I think many know. Bringing their fair

19 share of resources from the federal government to

20 Florida is a big part of our challenge. With the help

21 of our federal legislators and Veterans' Affairs

22 department finding new and innovative ways to meet the

23 problem of existing long waiting lists for access to

24 federal health care is a big problem that we're working

25 hard at.

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DEPARTMENT OF VETERAN'S AFFAIRS, AUGUST 13, 2002 11
1 And additionally, the issue of claims backlog, we

2 have almost 70 claims folks in our Department that

3 assist Florida's veterans with getting their claims

4 through the federal government for benefits they

5 deserve. Our mission in this Department remains to

6 assist Florida's veterans in every way. We have a

7 small but excellent dedicated work force. We are

8 serving our veterans well, but we still need to strive

9 for more efficient and effective performance and better

10 service to our customers.

11 My efforts will lead to continued progress, I

12 hope, in every area. And I thank you for the

13 opportunity to serve Florida's veterans and to serve

14 the state. I'll give my very best to continue to lead

15 this agency to success and to representing Florida's

16 veterans.

17 GOVERNOR BUSH: Thank you, Rocky. Rocky, I think

18 it would be appropriate to get a picture with you and

19 your beautiful daughter who's with you. Perhaps we can

20 do that while E.T. is still here. Can we do that?

21 MR. McPHERSON: Yes, sir.

22 GOVERNOR BUSH: Welcome aboard.

23 (Applause.)

24

25

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SITING BOARD, DEP, AUGUST 13, 2002 12
1 GOVERNOR BUSH: Siting Board.

2 MR. STRUHS: Item 1 is the approval of the minutes

3 from the last meeting in March.

4 ATTORNEY GENERAL BUTTERWORTH: Move.

5 TREASURER GALLAGHER: Second.

6 GOVERNOR BUSH: Moved and seconded without

7 objection.

8 MR. STRUHS: Item 2 is really an example of where

9 our siting laws in Florida sometimes focus more on

10 process than protection. This legal requirement is for

11 the Siting Board to simply confirm that this proposed

12 plant is consistent and in compliance with local

13 existing land use plans and zoning ordinances, in this

14 case, in Martin County. In fact, that is the case.

15 There's no disagreement on that so we're recommending

16 approval.

17 I will note, however, that the Siting Board will

18 come back and revisit this after the PSC makes a needs

19 determination in November, after the ALJ does a

20 certification hearing in February of next year. So

21 you'll probably see this item back some time in the

22 time frame of April or May of 2003. This is simply an

23 acknowledgment that is consistent with local zoning

24 ordinances.

25 GOVERNOR BUSH: Is there a motion?

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SITING BOARD, DEP, AUGUST 13, 2002 13
1 COMPTROLLER MILLIGAN: Motion.

2 TREASURER GALLAGHER: Second.

3 GOVERNOR BUSH: Moved and seconded. Any

4 discussion? Without objection, the item passes.

5 MR. STRUHS: Thank you.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 14
1 GOVERNOR BUSH: Okay. Department of Education.

2 MS. SAFLEY: Item 1 is the minutes from the

3 June 12th and June 25th cabinet meeting.

4 COMMISSIONER BRONSON: Motion.

5 GOVERNOR BUSH: Is there a second?

6 COMPTROLLER MILLIGAN: Second.

7 GOVERNOR BUSH: Moved and seconded. Without

8 objection, the item passes.

9 MS. SAFLEY: Item 2 is a resolution authorizing

10 the competitive sale of up to 613,400,000 State of

11 Florida, Full Faith and Credit, State Board of

12 Education, PECO bonds. And a resolution authorizing

13 competitive sale of up to 250 million of such bonds.

14 TREASURER GALLAGHER: Motion.

15 COMMISSIONER CRIST: Second.

16 GOVERNOR BUSH: Moved and seconded. Without

17 objection, the item is approved. Robin.

18 MS. SAFLEY: Thank you.

19 Item 3 is a resolution authorizing competitive

20 sale of up to 295 million state of Florida full faith

21 and credit state board of education, PECO refunding

22 boards.

23 COMMISSIONER CRIST: Motion.

24 GOVERNOR BUSH: Second?

25 ATTORNEY GENERAL BUTTERWORTH: Second.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 15
1 GOVERNOR BUSH: Moved and seconded without

2 objection, the item passes.

3 MS. SAFLEY: Item 4 is the Assistance Plus

4 Program, School Improvement Plans and district

5 intervention and assistance plans.

6 COMMISSIONER CRIST: Governor, I had some remarks

7 I'd like to share. Cabinet members, public school

8 accountability, under the Bush/Brogan A+ plan, rewards

9 successful schools and assists those schools that are

10 still struggling to meet state standards. Present with

11 us today are ten schools representing four school

12 districts. Each school has earned an A school grade,

13 each -- I wish.

14 Each school has earned a school grade of F for the

15 second time in a four-year period. The school

16 improvement plans and the district intervention and

17 assistance plans before the state board are the result

18 of schools, the districts, and the Department working

19 closely and cooperatively to ensure that every child

20 learns and that no child is left behind.

21 With accountability also comes assistance.

22 Secretary Jim Horne, my partner, will provide

23 additional information on the extraordinary efforts

24 that have been undertaken in the last two months alone

25 to implement strategies for the success of these

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 16
1 schools. Secretary Horne.

2 MR. HORNE: Thank you, Commissioner Crist,

3 Honorable Governor, and cabinet members, Secretary of

4 State Jim Smith, it's great to see you. And, again,

5 two months ago we were here almost to the day

6 announcing school grades and moving quickly to provide

7 some assistance, some special help to some of our

8 schools in our state that are struggling.

9 As you know, Florida leads the way by setting very

10 high standards. Quite honestly, maybe it's the highest

11 standards in the country. And we have known for a

12 while now that the recipe for success is high

13 standards, regular testing, and accountability. And

14 while Florida may not have been the pioneer to invent

15 this recipe, we certainly are now following that tried

16 and true success and we are having success.

17 Reading scores are up. Writing scores are up.

18 Math scores are up. Dropout rates are down. We're on

19 the right track and we know that, yet we still know

20 some of our schools struggle and we know that Florida

21 has a very strict accountability system, one that

22 provides choices for parents when their children are in

23 schools that are not performing at the levels that we

24 would like.

25 Two months ago, at the urging of the Governor, he

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 17
1 said, Get with it. Get with this program, provide resources

2 and help to some of these districts. In particular, some of

3 these schools that over the last four years have had a

4 failing grade twice. And so we decided to change the way

5 that we've previously operated. We've always been there to

6 provide help.

7 On this occasion, we decided to look beyond the

8 Department of Education and look to where we have talent all

9 across the state and to provide a new and better way to

10 provide help to these schools. And I'm here to tell you

11 that in two months' period of time, we have searched high

12 and low across our state and we have found that talent and

13 we are directing that talent where we need it most. And to

14 date, we have over 50,000 volunteer hours committed over the

15 next two years to help these schools.

16 Two months ago we began that journey. And, of

17 course, normally a month ago we would have had a cabinet

18 meeting, we did not have one and we would have been there

19 then presenting these plans.

20 We have also enhanced the communication level. I

21 talked with all of the school superintendents, 19, that have

22 at least one failing school in their district. But

23 particularly, we have focused on those who have faced that

24 failing grade twice. And while we call that "double F," we

25 like to believe they are first and fast in getting the help.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 18
1 And we've made them the highest priority.

2 And I can tell you I talked every two weeks with

3 the superintendents and it's mostly an opportunity for me to

4 listen. One of the things that we have found is that

5 oftentimes it's not necessarily preaching from Tallahassee,

6 it's listening, and so we're spending the time listening to

7 those school districts. We're getting to work on plans to

8 help provide resources. Everything in our K-20 arsenal from

9 our highest levels of university to private independent

10 schools in the K-12 world were all participants in providing

11 help.

12 The state has provided money for reading coaches.

13 The Governor generously released money that was going to be

14 earmarked for our reading initiative to accelerate that

15 effort to get that money in there and provide reading

16 coaches in all of these schools that have graded out as an

17 F. We have redirected school improvement dollars to have

18 the kind of impact that we want them to have.

19 We've provided money for diagnostic tools. As

20 I've traveled around the state and met with principals. One

21 of the things they say is that we need to assess our

22 children at the earliest possible point. And so we provided

23 not only money but we provided the expertise and the tools

24 necessary.

25 We have provided climate surveys at no cost to the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 19
1 school districts. We've standardized the format so we can

2 look and compare apples to apples. We provided on-site

3 assistance. And, as I mentioned, every two weeks we get on

4 the telephone and we talk and we talk about a lot of

5 different kinds of things. But, you know, the praise can go

6 all across the Department. It can go all across the

7 education community.

8 But I also want to tell you that the school

9 superintendents have been hard at work. They've been

10 developing their plans and they've put together some

11 outstanding plans and you have those in front of you. And

12 as we do, we put it under the microscope as well and we seek

13 some modifications, some recommendations, some improvements,

14 some might call it a little tweaking here or there. In some

15 cases, it's a little bit more than a tweak. But we are

16 putting together our best effort.

17 Everything I have in our K-20 arsenal we have

18 invested in this effort. You know, there is nothing more

19 fundamental. The business of education is providing an

20 environment so our students can learn. And when some

21 schools don't perform to the level that we set, we've got to

22 go the extra mile. And I will tell you, Governor, we have

23 gone the extra mile. The day that I was here two months

24 ago, we began. I didn't wait a week. I didn't wait another

25 day. We started that process. And today I think is the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 20
1 culmination, obviously statutorily. The superintendents are

2 here to provide a little bit of an insight into the

3 development of their school improvement plan.

4 So instead of hearing from me, I thought it would

5 be best that we hear from them. So with your indulgence,

6 I'd like to give them an opportunity to come before the

7 cabinet and speak. First up from Escambia is Jim Paul.

8 Jim.

9 MR. PAUL: Thank you, Mr. Secretary.

10 GOVERNOR BUSH: Welcome, Jim.

11 MR. PAUL: Good morning, Governor Bush, honorable

12 cabinet. Again, my name is Jim Paul. I'm the

13 superintendent of schools for Escambia County. I feel

14 not unlike the young fellow that refused to get out of

15 bed one morning to go to school. His mother pried him,

16 You've got to go. He says, I'm not. The students

17 don't like me. And she says, You've just to get up

18 now, get going. And he says, The teachers don't like

19 me. And finally she said to him, But you've got to go,

20 you're the principal. I've got to go. I've got to go,

21 I'm the superintendent.

22 Really, I'm very proud to speak before you today.

23 I come today representing thousands of teachers,

24 administrators, educational support personnel who want

25 you to know that they are very excited and enthusiastic

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 21
1 about the year ahead; they will do well. We are a

2 no-excuses school district, Governor Bush. We know our

3 children can learn, they do, and they will continue to.

4 I wish I had the time to brag on them a little bit. I

5 understand I only have five to ten minutes, so I better

6 hurry.

7 I'd like to mention just a couple of things. Last

8 year our district posted the highest academic grades on

9 record. Our expulsions dropped 25 percent. We do many

10 of the things that we do better than other counties in

11 the state of Florida and a number of things better than

12 anywhere in the nation. That is not an idle boast but

13 one that I can substantiate with data. Now this is

14 germane, what I just said, to this meeting for a very

15 good reason. It's important for us to have your

16 confidence and in keeping with what I call the rule of

17 accountability, something my administration, the

18 Escambia County School Board, believes in very

19 strongly. We need to bolster your confidence with hard

20 data, that we can and we shall do.

21 As I said, we are a no-excuses school district,

22 believe there is nothing that we cannot do. Our

23 children, all of our children, can and will learn.

24 Escambia County did well last year and we will do even

25 better next year and you can have confidence in that.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 22
1 If we're back here again next year, we'll be back for

2 only one reason, because you've asked us to come back

3 so you could show what a school district can do and

4 that it does it right. We've done it in the past, as

5 you know, and we'll do it in the future.

6 Now on to our specific plan, Carver Century K

7 through 8 school. I have with me today a number of

8 individuals who are important to this plan. If you

9 don't mind, it will just take a second to introduce you

10 to them. Russell Queen is our new principal of Carver

11 K through 8, Carver Century K through 8. He

12 interviewed for the position a year ago with full

13 knowledge that he would be the first principal of a K

14 through 8 school in recent history.

15 We gave him the monumental task of taking a middle

16 school and an elementary school, both with histories

17 and traditions of their own, and making them and

18 turning it into one. He had to get an anxious and

19 sometimes hesitant community to like the idea as well

20 as building the trust and confidence of both faculties.

21 He's done the job well. One citizen came up to me last

22 week and said, Century, which is about an hour from the

23 heart of Pensacola, is a better place because he's the

24 principal of that school. So I'm very proud of him.

25 He's up to the challenge.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 23
1 Deanna Hendrix is also here. Deanna, would you

2 stand up, please. She's a third-grade teacher at

3 Carver Century. She's also the school advisory council

4 chairman, chairperson. She didn't necessarily want to

5 be here today, not because she didn't have the great

6 opportunity of speaking before the cabinet but because

7 her students are back there and she's not. That's her

8 second week of school and she preferred to be with

9 them. No offense meant of course.

10 (Laughter.)

11 I would also like to introduce Dr. John Dewitt.

12 Dr. Dewitt, would you please stand, sir. He's the

13 chairman of our school board. He takes the

14 responsibility of monitoring the progress of Carver

15 Century very seriously. He attended the school

16 advisory council meetings when a school improvement

17 plan was developed. The visit did a great deal to

18 encourage the community on the north end students that

19 they were very, very important. They don't often feel

20 that way.

21 But last but not least, I'd like to introduce

22 Sherie Caegel. Sherie, please. Sherie is the director

23 of comprehensive planning and grants management. If

24 I'm the team manager, she's the coach of the team that

25 will not rest until Carver Century comes to be known as

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 24
1 one of the finest schools of Florida.

2 I would now like to tell you a little bit about

3 what we have done, what we are doing now, and what we

4 will be doing in the future to achieve our goals for

5 Carver Century K through 8. Our plan for progress for

6 Century did not start this year. It started last year.

7 I placed a new principal there to facilitate bringing

8 together the two schools. One of his first goals was

9 to increase community and parental involvement. He

10 knows the significance of parental involvement in the

11 life of a child and that child's academic progress.

12 Attendance, I'm happy to tell you, has increased

13 at school advisory council meetings. And I dare say,

14 however, that he will not be so satisfied until all the

15 parents are involved in their child's school. We also

16 put together a parent workshop, he did. And he's happy

17 to say that the parents came.

18 Needless to say, he also had academic concerns.

19 One area of particular concern he had, that's

20 Mr. Queen, were math scores. As superintendent I'm

21 proud to tell you that 77 percent of his students

22 showed gains last year in math. While we continue to

23 work on strategies and initiatives that will further

24 increase our student math scores and parental

25 involvement, we've targeted a host of other specific

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 25
1 areas of concern.

2 To achieve all that we desire to achieve, it was

3 evident that we needed to provide additional staff

4 development, staff support. The School Board

5 authorized me to place an individual administrator --

6 an extra, pardon me -- an intern principal to assist

7 Mr. Queen as well as faculty in implementing the myriad

8 of initiatives that we have for Carver Century

9 Elementary School.

10 We also brought on a reading coach for fourth and

11 fifth grade students paid by the district. We brought

12 on a new reading coach for K through 3 funded by the

13 Reading First Grant. Thank you. We also added two

14 additional days of in-service for the faculty and

15 staff. Mr. Queen also made a number of additional

16 personnel changes that he felt were necessary to

17 increase the quality of instruction at his school.

18 Programmatic supports include the following: A

19 new reading series which we have great confidence in

20 with the great money -- excuse me, great money would be

21 nice too. (Laughter.) Great many hours of in-service

22 training. We purchased the academy of reading auto

23 skills program which provides strategies specific to

24 individual students. We implemented a new writing

25 program modeled after the one created and used

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1 successfully at one of our very own schools, Lincoln

2 Park Elementary School. Lincoln Park is a school with

3 similar demographics as Carver. I should also mention

4 that despite the fact that they have a high -- not

5 despite the fact, I take that back -- a very high free

6 and reduced population of students --

7 GOVERNOR BUSH: 95 percent.

8 MR. PAUL: Yes, sir, very high -- there are no

9 excuses. And by the way --

10 GOVERNOR BUSH: It is a B school.

11 MR. PAUL: That's right, it is a B school.

12 GOVERNOR BUSH: I follow these things.

13 MR. PAUL: And I think that's commendable. Our

14 children can learn and Lincoln Park shows that and

15 we're really proud of it. Thank you, sir, for

16 remembering.

17 We also put into place the Stanford Diagnostic

18 Reading Test which monitors the progress of our first

19 and second grade students. But there is more, there's

20 a lot more. And I know I need to be short so we'll

21 make this real quick. When I point out the unique

22 obstacles that children of Century face, I point it out

23 to you not as an excuse for why they can't learn,

24 because that's absolutely ridiculous of course, but to

25 let you know that we know that just as an individual is

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1 different, so are communities.

2 The town of Century is about an hour's drive from

3 the heart of Pensacola. Many of Mr. Queen's students

4 have never been to the beach. Many of them have never

5 been to Pensacola, which has a host of additional

6 cultural and academic opportunities. If we can't bring

7 the students to Pensacola, we will bring Pensacola to

8 Century.

9 This year our students will participate in a

10 program called Saturday Scholars. The program brings

11 together 50 students, each with a Navy mentor every

12 Saturday for six weeks. It's a great program that

13 Pensacola students have enjoyed for years and now

14 Century will as well. We appreciate all that the Navy

15 does for us. And they do a great deal, folks, they

16 really do. We owe them an awful lot.

17 In addition to the Navy, we're greatly expanding

18 our mentoring program with the business community as

19 well. In addition to what I've already mentioned,

20 Verizon Wireless has donated $3,500 to support literacy

21 programs at Carver Century K through 8. WEAR TV will

22 provide K through 5, fifth grade students with a new

23 book to take home six times during the course of the

24 year. That's over 1500 books. That's very important,

25 folks, that we have books in their homes because many

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 28
1 of them don't. Eleven Pappatonio Family Foundation

2 (phonetic) bestowed $2,000 to be used for field trips.

3 We're also very pleased and grateful for Trinity

4 Presbyterian Church which has been working with Carver

5 Century for many years. They provide many things

6 including an awful lot of encouragement, mentoring, and

7 tutoring. These efforts on the part of the military,

8 our business community, will work to link Century with

9 Pensacola, something that many feel has not happened

10 very much in the past.

11 In addition to all the community support, we'll be

12 providing technology mentors to teachers, staff

13 development such as digging in the data, Secretary

14 Horne was just mentioning, curriculum mapping will also

15 be provided. Teachers with three years' experience or

16 less will be provided mentoring and collegial support.

17 The University of West Florida will collaborate with

18 Carver Century in assisting with grant writing. We'll

19 also be working even more closely with EWF in terms of

20 placing the best of student teachers to work at Carver

21 Century. The school will be exempt also from any

22 district hiring freeze.

23 Each teacher will be provided a parent conference

24 day each semester in order to make sure we make contact

25 with parents who, for whatever reason, are unable to

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1 come to parent/teacher meetings in the past. In other

2 words, no excuses, right. It's all about no excuses.

3 We very much appreciate everything that you've

4 done in terms of your recommendations. We've looked

5 them over. I'm sure you'll understand, we now need to

6 take that back to our parent advisory council because

7 they're very much an integral part of what we do. So

8 we'll go back with them and then go over the

9 recommendations and report back to you. They're good.

10 I'm sure they'll all be in agreement but we need to

11 talk to them, do need to talk to them.

12 We believe that these and all other strategies for

13 implementation found in our school and district

14 intervention plan constitute a great recipe for success

15 from the programs we purchase and the teachers we

16 employ to the expectations placed on our students.

17 Nothing less than the most rigorous and challenging

18 goals will be accepted. We will create and sustain an

19 atmosphere of success in this school and the community

20 it serves.

21 I've taken too much time, I know I have. So I'll

22 be quiet now. I'd like to say thank you very much for

23 the opportunity you've given me. Governor Bush, my

24 staff and I stand ready to entertain any questions that

25 you or the cabinet have for us.

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1 GOVERNOR BUSH: Thank you, superintendent.

2 Commissioner Gallagher.

3 TREASURER GALLAGHER: I'm impressed by all the

4 things you say and everything you've sent in but you

5 had two schools, Bibbs and Dixon.

6 MR. PAUL: Yes, sir.

7 TREASURER GALLAGHER: And you took over as

8 superintendent and where are those schools now?

9 MR. PAUL: Bibbs is up to a B -- excuse me, a C.

10 Their grade has moved up to a C. Their grade has moved

11 up to a C. Spencer Bibbs, last year, as soon as I came

12 in, we had some financial difficulty. We had to do

13 some bringing together of some schools. We also had to

14 close a number of schools. That's an interesting

15 process.

16 TREASURER GALLAGHER: Right. So you closed one

17 school and you merged the other one. And you didn't go

18 fix it like you're saying you're going to do with

19 Century. My question is: You plan on doing the same

20 with Century? Or are you going to fix Century as it

21 exists?

22 MR. PAUL: We're going to fix it as it exists,

23 yes, sir.

24 GOVERNOR BUSH: There you have it. Any other

25 questions?

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1 One of the things, Jim, that would be important is

2 just to -- I assume that you're doing the beginning

3 assessment where we know where each child is so that

4 the strategies you're talking about can be

5 child-specific, student-specific.

6 MR. PAUL: Yes, sir, absolutely. And that will be

7 taking place every couple of weeks. We'll know exactly

8 where every student is at any given moment.

9 GOVERNOR BUSH: For all the principals in the room

10 that are here as part of this, my E-mail address is

11 jeb@jeb.org and I would love to hear how you-all are

12 doing going forward. I'm just as one -- the only

13 editorial comment I'll make here. I'm very encouraged

14 and excited about the chances of these children showing

15 that every child can learn. And the focused effort of

16 everybody, whether you liked it or not, and I'm sure

17 that you prefer to have everything just be hunky-dory,

18 the fact is that these kids are going to get attention

19 in a way they have never gotten before and they are

20 going to learn and I'm pleased to see your confidence

21 in that. And I'm pleased to see that there are no

22 excuses and we wish you well.

23 MR. PAUL: Thank you, sir. Thank you, gentlemen,

24 appreciate it.

25 MR. HORNE: Governor and cabinet, next I'm going

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1 to invite up from Palm Beach Dr. Art Johnson.

2 GOVERNOR BUSH: Good morning, Art.

3 MR. JOHNSON: Good morning, Governor. It's a

4 pleasure to be here. Fresh in off the plane. I'd like

5 to start this morning by introducing some of the

6 individuals that are joining me from Palm Beach County.

7 To my immediate right is Paulette Burdeck, who is the

8 former board chair from Palm Beach County, and also was

9 president of the South Florida Coalition.

10 In the audience we have Dr. Joseph Orr, chief

11 academic officer. Ask him to stand. Cheryl Alligood

12 who is the assistant superintendent for special

13 programs. Willie Jo Young, who is the new principal at

14 Lincoln Elementary School. Thank you. Valerie

15 Reddick, who is the new principal at West Riviera

16 Elementary School, joined by Sue Millis, who is the

17 school advisory counsel chair, and Mary Evans, who is

18 the new principal at Glades Central High School.

19 Joined by Tammy Moore, who is the school advisory

20 council vice chair and parent.

21 Also like to thank Mr. Horne and his staff as well

22 as Andrea Willett in Commissioner Crist's office for

23 their assistance in helping us work through this plan.

24 We had the distinction of joining the summit in Tampa

25 several weeks ago. I spent the entire time there. We

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 33
1 were pleased to come to that session to both learn and

2 to contribute.

3 We started out with a plan in place that was

4 largely centered on providing our schools with more

5 stuff and spending more money. And quite honestly, the

6 board wasn't too thrilled with that. So after I

7 returned from Tampa and prior to going I said to the

8 board, If you really want to change a school, you

9 change the leadership, which ultimately when you

10 reconstitute a school is what you have to do. So we

11 changed the leadership.

12 In addition to that, from all the research we've

13 done in our meta analysis internally on our own schools

14 and nationally, to look at what are the benchmarks,

15 what are the independent variables that raise student

16 achievement, the single most important thing is the

17 quality of a teacher and academic rigor. Now you can

18 have a lot of programs, you can have a lot of

19 educational instructional pedagogy, you can have a lot

20 of different curriculums, and almost any of them can

21 work if you have the right leadership and you have that

22 quality teacher with a lot of rigor.

23 Now, when we did our statistics in Palm Beach

24 County they were no different than the rest of the

25 state. And that is in our low-performing schools,

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1 which are predominantly high poverty, high minority, we

2 have the teachers with the least amount of experience

3 and the least degrees. So we knew we had to do

4 something about that. And one of the things that we

5 envisioned being put in this necessity as the mother of

6 intervention and coming to Tampa is not only did we

7 need to change the leadership in the school, but we

8 need to get best teachers into these schools.

9 Now we were very successful last year in one of

10 our other low-performing schools in taking the magna

11 monies (phonetic) and completely converting them and

12 completely reconstituting that school by two-thirds

13 with new teachers that were high performers.

14 GOVERNOR BUSH: What school was that, Art?

15 MR. JOHNSON: Pine Grove. That is in the southern

16 part of the county. Previously it was a D, now it is a

17 C.

18 What we've done now is we've statistically

19 analyzed the learning gains of all the students in our

20 system, 3 through 10, in the Q1 and Q2, Quartile 1 and

21 2, for a specific number of students to make it

22 statistically sound. And then we've matched the

23 teacher of record to that group of students. And using

24 NCE norm per equivalents to determine the learning

25 gains which teachers in one year produced two to three

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 35
1 years' gain, we have offered those teachers $10,000 to

2 vacate their permanent or their current position and

3 come to an F school.

4 GOVERNOR BUSH: Is that a bonus or is that an

5 increase --

6 MR. JOHNSON: It's on top. It's on top of their

7 current salary.

8 GOVERNOR BUSH: And when you say "quartiles," this

9 is your own test, not the FCAT.

10 MR. JOHNSON: It's your test, the FCAT.

11 GOVERNOR BUSH: So it's quintile then?

12 MR. JOHNSON: A quartile 1 and 2 is the way we are

13 measuring it.

14 GOVERNOR BUSH: Don't we go one through five?

15 MR. JOHNSON: Well, yes, you do, but we're looking

16 at --

17 GOVERNOR BUSH: Level 1, Level 2.

18 MR. JOHNSON: Yes, correct.

19 GOVERNOR BUSH: Thank you.

20 MR. JOHNSON: The Q1 and 2 is what we're referring

21 to it as. If you want to call it L1 and L2, we'll do

22 that for purposes of discussion. What we wanted to do

23 was find those teachers who had made gains with that

24 type of student in a substantial enough number over a

25 two-year period that we would have some assurance that

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 36
1 they could be equally successful someplace else. We

2 determined that if we rank-ordered all of our teachers

3 in the system from top to bottom and we took the top

4 group, and that was statistically significant at the

5 .001 level, and we offered them -- that was a group of

6 about 80 teachers -- the opportunity to receive $10,000

7 because last year they had made these kind of learning

8 gains, to go to the F2 schools. F2 and 1 quite

9 honestly.

10 We are in the process of doing that right now.

11 Initially, we did not have the kind of turnout we

12 wanted so we have gone to the second level or second

13 tier of those same type of teachers, another 80. And

14 we are in the process of having them notify us of their

15 interest and now we've got to go through the difficult

16 task, because school is starting as we speak, of not

17 only placing them in schools but pulling teachers out

18 of the schools in the event that we have vacancies, and

19 that is somewhat of a problem, obviously, because of

20 union contracts, et cetera.

21 GOVERNOR BUSH: How many teachers have signed up

22 for the $10,000 bonus?

23 MR. JOHNSON: Six to date. But we have them

24 coming in and we are communicating with them on an

25 ongoing basis. If we do -- are able to get only a

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1 critical mass, we will probably take those and put them

2 in a single school to make sure that we have the best

3 chance to determine whether on a pilot basis that

4 works. If we get, let's say, 25 or 30, we may go ahead

5 and do it for all of our F2 schools.

6 Beyond that, we initially had hopes that everybody

7 that was offered this would accept it and we would have

8 had a stable of approximately 100. And we could have

9 not only looked at the F2, but also the F schools.

10 Now, I'm fully confident that this is a plan for all

11 seasons going forward. The problem is, we are in the

12 last, you know, moments of the game before school

13 starts and a lot of teachers are very hesitant to leave

14 at this particular point in time and basically have

15 told us that.

16 But it is that type of reconstitution of both the

17 faculty and the principal's office that I think is

18 going to be necessary to change these schools around.

19 Now, in terms of your expectations at the state level

20 and of our plan in the areas of professional

21 development, discipline, family and community

22 involvement, culture diversity, and we're going to do

23 all those things, we've submitted our plan to you,

24 you've helped us customize the plan to make sure that

25 all the various points are met and we agree with the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 38
1 support that you've given us. But ultimately,

2 ultimately, it's going to be about the leadership in

3 that principal's office. And also about the quality of

4 those teachers.

5 Now you need to know that out of the seven schools

6 that we have in Palm Beach County that received Fs, and

7 three of them were double Fs, we have reconstituted all

8 of those principals and/or we have placed supervising

9 principals in the school so that where the principal

10 chose to remain, they have someone who is there that

11 oversees that school. It is our intent to take best

12 and brightest and get them into the schools. We will

13 continue to do that going forward.

14 In addition to that, we have also created a

15 position, it's a demographical level position that's

16 going to deal exclusively with recruiting and staff

17 development for these schools. We want to send this

18 individual up to the cold weather states during the

19 winter and see if we can't recruit some of their best

20 and brightest to come down to Palm Beach County.

21 Questions?

22 GOVERNOR BUSH: Any questions?

23 COMPTROLLER MILLIGAN: Yes, Your Honor, I got a

24 quick question. You rank the quality of all of your

25 teachers. What are you doing with those that are on

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 39
1 the lower end of the spectrum to try to improve --

2 MR. JOHNSON: Well, since the Palm Beach Post is

3 here, we're not publishing them in the paper but --

4 COMPTROLLER MILLIGAN: Well, I wasn't suggesting

5 that you should.

6 MR. JOHNSON: -- that's not going to be a big

7 problem. One of the things that we're very cognizant

8 of is where we have this tremendous list we have people

9 at the top, we have people at the bottom. And what I'm

10 suspicioning we're going to find is when we get into

11 our low-performing schools, we probably have a

12 concentration of those teachers. And it will be my

13 intention to probably involuntarily transfer if we find

14 we have a critical mass at the other end. Because

15 obviously if these teachers have demonstrated that,

16 despite their training, despite their degrees, they

17 can't move student achievement, then it's unlikely that

18 retooling is necessarily going to have the same impact

19 on them as someone who has that artistry of teaching.

20 Because when you teach, there is both a science side to

21 it and an art side to it and the art is tough to teach.

22 GOVERNOR BUSH: Do you have a public records

23 issue? Is that what the Palm Beach Post reference was?

24 MR. JOHNSON: No, I was kind of putting that out

25 there to serve notice that we don't intend to put that

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 40
1 out because it is the kind of thing that would be very,

2 very deleterious. What we're looking at right now is

3 the top performers. But we do understand the need to

4 go into the schools and deal with that. Now,

5 interestingly, Governor, as we get into this whole

6 incentive business -- not to get off the subject, but

7 it is an important piece -- this will help us to deal

8 very specifically with who our best teachers are in the

9 system and really reward them for product, not for

10 process.

11 GOVERNOR BUSH: That's interesting. I'm not aware

12 of any other school district that has taken the data

13 and tied it to teacher performance that way. It's

14 encouraging.

15 MR. JOHNSON: We're driven again by necessity.

16 I'm very happy to tell you that 50 percent of our

17 schools have As and Bs. But we do have some schools in

18 destitute poverty that have enormous challenges and we

19 will meet those challenges successfully.

20 GOVERNOR BUSH: I know we have a time constraint

21 and we've got more to do, but is it possible that the

22 principal of the Glades Central High School could come

23 up to talk? I have a particular interest in that

24 school. I know the challenges in the Glades are

25 extraordinary.

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1 MR. JOHNSON: I have asked Mary Evans to ask the

2 students at Glades Central to practice as hard on the

3 books as they do on the football field.

4 (Laughter.)

5 GOVERNOR BUSH: They've got a great football team.

6 And I'd just love to hear what your vision is for the

7 school year and how we can help you particularly. I do

8 think -- particularly one of the things that's a

9 challenge with our system, and I recognize it is, if

10 you socially promote kids for a generation at a time,

11 which tragically we've done, we've not paused in

12 elementary school and said, Wait a second, you know,

13 irrespective of the circumstances, here's some

14 problems.

15 Then, you know, in high school, you get the

16 wake-up call. I recognize it's a greater challenge and

17 a greater opportunity for you and I personally want to

18 see how I can help. I'm also inspired by your teachers

19 and the community leadership that has stepped up

20 publicly and said, This is a wake-up call. We know we

21 can do it.

22 So if there is an earnest effort, and I know there

23 is, you're deserving of extra help. And so I'd just --

24 everybody is deserving of help but I really do

25 appreciate what your challenge is.

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1 MR. JOHNSON: Governor, in introduction to Mary,

2 I'll say what she might not have said. She comes from

3 the Glades area, was born and reared there, went to

4 school there. Took one of our most low-performing

5 schools, Gove --

6 GOVERNOR BUSH: Which one?

7 MR. JOHNSON: Gove. Which she has taken to a B

8 rating. And by creating the kind of program that she's

9 done there, she's not only taken a school that exists

10 in a high minority community, but she has managed to

11 pull many of the students that are in private school in

12 the Glades back to the public schools.

13 GOVERNOR BUSH: Now Gove Elementary is in the

14 Glades?

15 MR. JOHNSON: Correct.

16 MS. EVANS: Yes, it is.

17 GOVERNOR BUSH: Good for you.

18 MR. JOHNSON: And Mary is bilingual --

19 GOVERNOR BUSH: Creole or Spanish?

20 MS. EVANS: Espanol.

21 MR. JOHNSON: I give you Mary Evans.

22 MS. EVANS: First of all, I'd like to say it is my

23 pleasure to serve as principal at Glades Central

24 Community High School where our motto next year is,

25 Destination success. Everyone in the Glades knows we

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 43
1 are very good at our athletics, which is excellent.

2 However, our focus is academics. Learning is our

3 number one priority and we have already begun our

4 thrust as going from good to great in the area of

5 academics.

6 What I plan to do, with the same focus I had at my

7 elementary school, to see that all children can learn,

8 we will rise to the occasion. We've started with our

9 ninth graders who will be coming to us this year. The

10 first ceremony we had was on July 25th. For our ninth

11 graders, we had a ninth grade roundup. Where at that

12 particular time, we presented our school improvement

13 plan and draft to our parents to let them know fully

14 what the expectations are for next year.

15 Our students are ready. They will rise to the

16 occasion. In the area of reading, what we have done,

17 we have looked at all of our incoming students and we

18 know what their levels are and I have moved teachers

19 around in order to address the academics and also to

20 ensure that our students rise between the levels from

21 Level 1 to 2 and 2 to 3. We are definitely focused

22 because we know that our children can learn and our

23 expectations are very, very high.

24 GOVERNOR BUSH: I'm for you. You got one

25 advantage on this system that hasn't been commented on

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1 too much and that is that, you know, you obviously

2 start at a very low base as relates to kids reading at

3 grade level in ninth and tenth grade, which means that

4 when you achieve your objective, the learning gains

5 will be astronomical.

6 MS. EVANS: Exactly.

7 GOVERNOR BUSH: And that's the point. I mean that

8 was the addition to this that was good advice to

9 include because, you know, you're going to be rewarded

10 for your effort and I'm fired up for you. How can we

11 help you?

12 MS. EVANS: Well, what we are doing is --

13 GOVERNOR BUSH: How can I help you personally?

14 You think about it and E-mail me.

15 MS. EVANS: I will.

16 GOVERNOR BUSH: Because I want you to succeed. I

17 think it's important --

18 MS. EVANS: Oh, we are going to succeed, there is

19 no doubt about it.

20 GOVERNOR BUSH: Okay. Good. Enough said. Fine

21 with me.

22 (Applause.)

23 TREASURER GALLAGHER: Governor, I'd like, if I

24 could.

25 GOVERNOR BUSH: Commissioner.

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 45
1 TREASURER GALLAGHER: I think you ought to commit

2 to go to the celebration when she does succeed.

3 GOVERNOR BUSH: I want to go before that.

4 TREASURER GALLAGHER: And maybe before that. One

5 of the things -- could you come back? Doing such a

6 good job in the, you know, in the elementary school is

7 sort of a key to everybody's success. I mean,

8 obviously if you can't read in fourth grade and you

9 keep getting promoted, by the time you get them in

10 ninth grade there's not a lot -- I mean, you're way

11 behind. And it's going to be a few years before your

12 elementary students that you did so well with are going

13 to get to high school. And I'm wondering if you can

14 just -- what are you doing with a ninth grader that's

15 reading at a less than fourth grade level? I mean, how

16 do we inspire them to want to learn to read?

17 MS. EVANS: One thing I plan to do with my ninth

18 graders, we will have the Principal's Challenge and

19 Reading Counts, which worked very well. We know with

20 their brothers and sisters just across the avenue.

21 What we're doing with that, students -- we are looking

22 at their lexile levels. And what we do is we set a

23 challenge, and depending upon the amount of points that

24 the students get between like a three-month period,

25 they are rewarded with incentives. We make the first

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1 incentive -- and I have not done that yet because I

2 like to get with the school advisory council, the

3 faculty, the administration, just to set the great

4 incentive for the student.

5 We found that by doing that we have to instill the

6 interest in reading in the first place. To get back a

7 little farther, during the summer we had our first FCAT

8 camp and we had over 200 ninth graders to come and

9 participate. This was on a rotation daily. We had

10 like a rotation for a silent reading. And then we had

11 one for -- we used the Read 180 because that is an

12 accelerated program that helps students. And we also

13 had rotations in writing and in math.

14 And we found by this the interest is there because

15 the incentives work great and the students

16 participated. Why? Because we expected them to

17 participate and to be there. So we've already started

18 with the ninth graders with the interest and they are

19 ready because, first of all, they know what their

20 programs are going to be about. The parents are

21 embracing us and we will survive and we will exceed all

22 obstacles.

23 TREASURER GALLAGHER: Congratulations.

24 GOVERNOR BUSH: Thank you, Ms. Evans. We'll see

25 you at school. If you want to use me as one of the

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1 incentives for your kids.

2 (Laughter.)

3 MS. EVANS: I will. We will definitely get you

4 into our program.

5 TREASURER GALLAGHER: Lunch with the Governor.

6 There you are.

7 GOVERNOR BUSH: I'm serious.

8 MS. EVANS: I am serious too.

9 GOVERNOR BUSH: This is important to say. This is

10 not about separating and castigating and being the

11 tough old -- this is about making sure the kids that

12 have been left behind aren't left behind anymore. And

13 it should be all of our responsibilities. This should

14 not just be the burden of principals and teachers.

15 Parents and governors and everybody has a role to play,

16 church people. This should be -- we need to tear down

17 the barriers and make this the first, second, third,

18 fourth priority in our state. I'm not kidding. If you

19 have some crazy thing you want me to do, paint my hair

20 purple.

21 (Laughter.)

22 TREASURER GALLAGHER: Wait a minute. If it's

23 painted purple, I'm liable to come down there and help

24 you teach some reading too. I want to see that one.

25 (Laughter.)

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1 GOVERNOR BUSH: There's ways for everybody to make

2 a difference and play a role.

3 MS. EVANS: Yes, there is.

4 GOVERNOR BUSH: You can count on me. Jeb@jeb.org.

5 The purple hair thing or the shaved hair probably will

6 have to wait until after November whatever it is, 7th.

7 (Laughter.)

8 TREASURER GALLAGHER: Actually, Governor, we did

9 attend a high school where we saw not only the purple

10 hair by a principal but we also saw one get his entire

11 head shaved. So the Governor does not do that good at

12 barbering I want you to know.

13 MS. EVANS: Whatever it takes.

14 GOVERNOR BUSH: Thank you.

15 MS. EVANS: Exactly. Whatever it takes.

16 GOVERNOR BUSH: Art, you got anything else to add?

17 MR. JOHNSON: Just in closing, I want to tell you

18 we appreciate this opportunity. We've been getting a

19 lot of very, very positive support from our community

20 to deal with this issue. I want to give Ms. Burdeck an

21 opportunity as representative of the board to come

22 forward because, I can tell you, a superintendent

23 cannot accomplish anything unless they have the board

24 behind them. As a former board member, I can speak to

25 that. We've also had tremendous cooperation from our

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1 teacher's union. And you can see where they could

2 easily resist these kinds of things because of

3 differentiated pay. And we've had a lot of support

4 from our local press. We've been getting front page,

5 top headline on the kinds of things we're doing --

6 GOVERNOR BUSH: If you have any tips on how to get

7 good press from the Palm Beach Post, let me know.

8 (Laughter.)

9 MR. JOHNSON: Ms. Burdeck.

10 MS. BURDECK: Thank you, Governor, members of the

11 cabinet, Secretary Horne and guests. I'm delighted to

12 be here tonight to represent 159,000 fabulous children

13 who will all be learning in the Palm Beach County

14 school system. Not only is it the superintendent and

15 board working together and our administration and our

16 teachers, but we are determined and dedicated to

17 working with our parents, our community organizations,

18 our churches, because it's going to take all of us

19 working together to meet the educational needs of our

20 children. Have a wonderful day. If you have any

21 questions, I'd be delighted --

22 GOVERNOR BUSH: Can you give us some examples of

23 community involvement that have recently come to the

24 forefront that you're going to take advantage of?

25 MS. BURDECK: The superintendent has been working

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1 with the Urban League and right now they have 1,000

2 people. Now they're trying to raise 7,000 people to

3 work with on the children and the families. We have a

4 children's services council. There is a parent

5 mentoring program. Our health care district is

6 providing us licensed medical social workers to work in

7 our kindergarten through second grade program to look

8 at the behavioral, emotional, and discipline needs.

9 Not only is it the child that is acting out in the

10 classroom, it's the shy and reserved child that we are

11 working with. We have our hospitals together, our

12 Rotaries, our Kiwanis. We are all in this together to

13 make sure that no child in Palm Beach County is left

14 behind.

15 GOVERNOR BUSH: Thank you.

16 MR. HORNE: Next from Miami-Dade we have Merrett

17 Steirheim.

18 GOVERNOR BUSH: Good morning, Mr. Superintendent.

19 MR. STEIRHEIM: How are you, Governor?

20 GOVERNOR BUSH: Doing well.

21 MR. STEIRHEIM: Thank you, Honorable Governor and

22 distinguished members of the cabinet. Secretary Jim

23 Smith, congratulations again.

24 I'm pleased to introduce our distinguished chair

25 of our board, who I'm happy to say has been or will be

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1 elected unopposed for her third term and she's serving,

2 having been unanimously selected as chair since 1999.

3 And, of course, I'm talking about our chair, Ms. Perla

4 Tabares Hantman.

5 GOVERNOR BUSH: Congratulations, Perla.

6 MR. STEIRHEIM: Having the ignominity, if you

7 will, of having half of the double F schools in the

8 state doesn't exactly make us happy. And, of course, a

9 lot of the focus in the media and so forth has been on

10 the F and the double F schools. But I want you to know

11 that I'm really very proud of our education system in

12 the Miami-Dade County school district. It's been

13 confirmed by the OPPAGA study, which was done for the

14 Legislature, they gave the education unit high marks.

15 And just let me give you some concrete evidence of what

16 I'm talking about.

17 While we did have the F -- we had 12 F including

18 five double Fs. We went from 51 to 101 A schools.

19 Over 100 percent increase in A schools. We went from

20 24 to 57 B schools, well over 60 percent. In other

21 words, we went from 75 A and B schools to 158. And to

22 me that's demonstrable progress. We also --

23 GOVERNOR BUSH: Merrett, can I put in a plug, just

24 a little plug for you? I think if you have half the F

25 schools in the state you have more than half of the

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1 like-kind schools with the same demographics that are A

2 and B --

3 MR. STEIRHEIM: Thank you, sir.

4 GOVERNOR BUSH: Which is really the -- I mean --

5 MR. STEIRHEIM: I'm going to get there at the end.

6 But thank you for --

7 GOVERNOR BUSH: Cut right to the chase.

8 (Laughter.)

9 MR. STEIRHEIM: But anyway we dropped in D schools

10 from 99 to 39. So we had a major shift from the C and

11 D schools into A and B. Unfortunately, we also had

12 some slip off into the F and we had the double Fs.

13 Like my colleague in Palm Beach, great minds seem to

14 work together because we have a very similar program.

15 I think I like ours a little better, being prejudiced.

16 And the seeds for that came in Tampa where we had

17 all of our staff there and we had some breakout

18 sessions where we just sat down with our chair and our

19 principals, our regional superintendents and Mercedes

20 Toural, our associate superintendent for education,

21 who's been our leader really in our efforts here, has

22 done a marvelous job in developing a special program

23 for our F schools. And it goes beyond the double F.

24 Essentially, we're offering $9,000, not 10-, as an

25 incentive bonus. We are in the process of recruiting.

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1 We are focusing on reading. We are going to offer that

2 incentive in our -- not only our F schools, we had five

3 high schools go into the F. And that really inner city

4 schools, these are big inner city high schools, that

5 went into the F and we had two that were on the cusp

6 that were Ds but just over the edge. And we have

7 included them in this incentive program because I

8 really am very concerned. I don't want to see those

9 big high schools go into double F next year.

10 So we're focusing this program not only on our

11 double Fs but also on our F high schools and 2 D high

12 schools. We're really at the $10,000 level like Palm

13 Beach because we kept back a thousand as an incentive,

14 an additional bonus, based on the teacher's performance

15 in their classroom. So we're going to reward those

16 teachers who come in and really do a positive job.

17 We'll have a minimum of 32 reading specialists going

18 into these schools. In each of the high schools we're

19 creating a reading department with a director and a

20 reading coach in the high school which will be

21 available to work with students, work with our teachers

22 and so forth. And clearly we're putting a heavy

23 priority on the reading.

24 All Level 1 students entering grades nine and ten

25 at Miami Edison Senior, and our truly outstanding

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 54
1 principal, Santiago Corroto is here, a tireless worker.

2 That is a school that is 93 percent Haitian,

3 African-American, coming from homes who do not speak

4 English, a real challenging assignment. I consider it

5 an A school even if it is a double F because the

6 teachers and Santiago, I think, have done an absolutely

7 fantastic job there.

8 We're going to have a mandatory reading course

9 seventh period in those high schools, including Miami

10 Edison. We have been getting cooperation, I'm happy to

11 say, from the unions. We have a strong teachers' union

12 there in Dade County.

13 GOVERNOR BUSH: You do?

14 (Laughter.)

15 MR. STEIRHEIM: Yes, I would say we do. And we

16 are developing a memorandum of understanding and I

17 would say that they have been supportive. I would also

18 compliment the staff of the Department of Education;

19 they've been very helpful, working closely with my

20 staff and myself.

21 GOVERNOR BUSH: Merrett, real quickly on Edison.

22 Again, a school with unique challenges, similar to the

23 Glades Central, it looks like 71 percent of the ninth

24 graders, took the FCAT and 84 percent of the tenth

25 graders which is something that the way our system

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1 works you got to get, in order to grab the higher

2 grade, you have to have a higher percentage of your

3 kids taking the test. Is there an effort as it relates

4 to attendance and an effort to make sure that kids take

5 the test, because I know kids that age are a little bit

6 more mobile.

7 MR. STEIRHEIM: Mercedes or Santiago? Let me ask

8 Mercedes to come up because the answer is, Yes. We're

9 very well aware of the requirement. Mercedes Toural,

10 associate superintendent for education.

11 MS. TERRELL: Good morning, Governor, and the

12 cabinet. We're working very hard on two fronts. One,

13 to deal with the issue of attendance. And the second

14 one is to make sure that every child that is eligible

15 to be tested is tested. And we do test most, if not

16 all, of the limited English proficient students, which

17 that school has about 40 percent of their population is

18 currently classified as limited English proficient.

19 But the other 60 just got out of ESOL.

20 GOVERNOR BUSH: But still, I mean, they are

21 required to take the test irrespective of the grading

22 system?

23 MS. TERRELL: They are. And we do that and the

24 fact that they did receive a grade meant that we did

25 meet the accountability requirement of testing

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1 90 percent or more of the kids.

2 GOVERNOR BUSH: 90 percent of eligible --

3 MS. TERRELL: That were eligible.

4 GOVERNOR BUSH: Thank you.

5 MR. STEIRHEIM: I'm also very pleased to tell you

6 that our performance school improvement plans exceed

7 the state requirements. We have modeled our plans

8 after the Governor's Sterling Award process and this

9 allows our schools and our stakeholders to conduct a

10 truly comprehensive needs assessment driven by data

11 analysis, going back to an earlier question, and

12 measured by performance results.

13 We have redirected funds obviously. We're using

14 some Title II money, but some very scarce general fund

15 money to provide that incentive program here. We have

16 changed leadership at two schools. We are in the

17 process of doing that, where we felt that change was

18 called for. The extended day tutorial programs and

19 Saturday academies will be refocused to teaching

20 Sunshine State standards. I know Treasurer Tom

21 Gallagher had concerns there. In fact, we have

22 directed all our schools to refocus their instructional

23 programs to address Sunshine State standards and the

24 grade level expectations expected by DOE.

25 I could go on. I know your staff, your aides have

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1 all been briefed and you have briefing papers up there.

2 I want to take a moment to kind of defer to the comment

3 that the Governor made. Miami-Dade County, with

4 380,000 students in 340 schools, the fourth largest

5 school district in the country, we will assimilate

6 18,000 new foreign-born students this year, 18,000.

7 That's the same as it was last year and the year before

8 and so forth. 65 percent of our students are

9 foreign-born.

10 The city of Miami is the poorest urban city in the

11 United States. 44 percent of the children under 18

12 years of age live in poverty in the city of Miami. And

13 interestingly enough, or sadly enough, Miami is not the

14 poorest city. You go to Florida City, Opa-Locka,

15 Meadley, they are poorer than the city of Miami. So

16 poverty is not limited just to the city of Miami.

17 60 percent of our 380,000 students participate in

18 the Free Lunch Program. 62 percent of our children

19 come from homes that speak other than English. We have

20 trilingual schools. We have challenges that I think

21 you could draw an analogy, and I'm not suggesting my

22 colleagues in other counties don't have challenges,

23 they certainly do. But when you think about Miami-Dade

24 County, it's like climbing the Himalayas as opposed to

25 maybe the Adirondacks or the Appalachians, and I think

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1 people need to understand that.

2 In the last six months, we have cut $121 million

3 out of our operating budgets. I will be sending you a

4 report where we've cut 26 million out of the

5 bureaucracy because there has been a lot of bashing of

6 Dade County school system and I want that to change.

7 We are changing. That's why the chair brought me in as

8 a change agent and I think we're making tremendous

9 strides. We still have a ways to go.

10 What I'd like to suggest, I know that it will be

11 politically impossible in the Legislature to try to get

12 a weighted FTE system that would acknowledge the unique

13 challenges that are faced by some of the school

14 districts in the state and particularly being

15 provincial or parochial, Miami-Dade. But I'm well

16 aware, having served in other areas, that every

17 district to a certain extent has a problem, some more

18 serious than others.

19 Governor, I'd like to suggest that maybe one way

20 to deal with this problem, and I discussed this in

21 Tampa with the Secretary, is to try to have the

22 Legislature, or include in budget recommendations a

23 discretionary fund that could be in the Governor's

24 office or it could be in the Department of Education,

25 where they could, based on criteria which are certainly

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1 demonstrable, deal with the special problems that we

2 deal with. I am just concerned that with shrinking

3 money our ability to continue to cope with the kind of

4 challenges that I've talked about is serious. And I

5 just lay that before you. I know you're committed to

6 this program. And I think it would give you the

7 flexibility, or certainly the Department of Education,

8 flexibility to reach out and help some of those

9 counties that have some special problems. Just a

10 thought.

11 GOVERNOR BUSH: I'll take all the money that the

12 Legislature will give me.

13 MR. STEIRHEIM: You asked somebody else how you

14 could help so I'm just throwing something out there.

15 GOVERNOR BUSH: Thank you. That's a good answer.

16 Any questions? Thank you, Merrett. And, Pearl, thank

17 you for being here. Thank you.

18 MR. HORNE: Next and last on our list is from

19 Orange County, Ron Blocker.

20 GOVERNOR BUSH: Good morning, Ron. We know you

21 got challenges too, Ron.

22 MR. BLOCKER: You read the E-mail, didn't you?

23 (Laughter.) Good morning, Governor, and it's a

24 pleasure being here, believe it or not, and

25 distinguished cabinet members. Today with me, to share

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1 with you the situation in Orange County, Florida, and

2 Orange County public schools, are my School Board

3 chairman, Susan Arkin she's standing there.

4 GOVERNOR BUSH: Welcome back.

5 MR. BLOCKER: Joy Taylor, the principal of Molly

6 Ray Elementary School. By the way, when Molly Ray was

7 last an F, the principal was replaced with Joy Taylor

8 and she's the one that pulled it from that category and

9 we're very confident that she can do it with this new

10 challenge. Katherine Hunter, the SAC chair for Molly

11 Ray Elementary who, based on this morning's paper, will

12 probably take a back seat to her child, very highly

13 motivated supporter of the Molly Ray community.

14 We, in Orange County, are divided into five

15 learning communities. Each learning community is led

16 by an area superintendent. That area superintendent

17 for the North Bernie community where Molly Ray resides

18 is Dr. Jill Joyner. And then, last of all, our senior

19 director for program services that handles all of our

20 testing information, Lee Baldwin, whom many of you

21 know, working with the school accountability committee.

22 We appreciate the support and assistance provided

23 by the Department of Education also in going through

24 this process. But my intent this morning is to share

25 with you specific highlights of the District's

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1 intervention plan, the site-specific interventions for

2 Molly Ray from the district, and then highlights from

3 Molly Ray's school improvement plan. Now Molly Ray has

4 a history of demonstrating gains over the years. As I

5 mentioned before, when it was last an F, Ms. Taylor was

6 able to, through her hard work and leadership in

7 working with the staff and community, move it out of

8 that category.

9 Like many of the schools mentioned, it had some

10 special challenges. Molly Ray has a very high Haitian

11 Creole population. As a matter of fact, just over the

12 last academic year, that population doubled in size and

13 we anticipate it to continue that way and it's become

14 somewhat of a sheltered language center serving the

15 Haitian Creole population.

16 I also had the opportunity to meet with the Molly

17 Ray community twice since the news of the school's

18 grades being released for the purpose of letting them

19 know that as their superintendent I was here to provide

20 whatever support was needed to make sure that not only

21 that the grade of F would be removed, but that it would

22 not return. And that kind of commitment came from the

23 heart. And we, as you will see from our plan, we put

24 the resources behind it to back that up.

25 The district, as well as the school, has mapped

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1 out a plan to maintain the trend in improving the

2 academic achievement and it has, if you look over the

3 test data over the last three years, Molly Ray has

4 consistently improved its test performance in the areas

5 of reading and math. As a matter of fact, it has

6 doubled the number of students improving at Level 3

7 reading over the last couple of years. So that tells

8 you that Molly Ray is headed in the right direction.

9 GOVERNOR BUSH: Ron, can I add -- because I've had

10 a chance to visit with some of your principals in a

11 different learning community; is that what you call it?

12 MR. BLOCKER: Yes, the south.

13 GOVERNOR BUSH: And this school is very similar in

14 the sense of the fact that grade three, 32 percent of

15 the students were learning at -- or reading at grade

16 level. Grade 4, 25 percent. Grade 5, 16 percent. And

17 that's encouraging in the sense that if you get it

18 right early, and we're talking about prior to testing

19 third grade, if kids are prepared to learn, go to

20 kindergarten, first and second grade and the strategies

21 that have been developed on a longer term basis,

22 they'll yield a great trend, which is why I think there

23 is great hope for most of the schools that have that

24 same kind of deal. I worry about the fifth graders

25 going on to middle school with that kind of low grade

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1 level, such a small percentage. But it's hopeful that

2 the third graders, by and large, are doing better.

3 MR. BLOCKER: I appreciate you noticing that

4 because we've put a lot of emphasis in the early ages.

5 We believe that you have to strike early and strike

6 effectively.

7 GOVERNOR BUSH: Another little editorial comment

8 for all the people that are riveted in their seats and

9 the press right now about this exhilarating

10 conversation, it also proves that you don't have to

11 teach to the test. If you develop long-term

12 strategies, kids will learn and it will be -- it will

13 show up in the FCAT test.

14 And if I hear one more time about teaching to the

15 test, I think I'm going to throw up on somebody. So be

16 aware. Lucas, if you ask the question, be careful.

17 (Laughter.)

18 I'm sorry, go ahead.

19 MR. BLOCKER: Also to give you some confidence,

20 Governor, we have -- some middle schools in Orange

21 County are anxiously waiting for those fifth graders to

22 arrive. The following activities are examples of what

23 will be implemented at Molly Ray Elementary and the

24 other schools that offer really a similar profile in

25 Orange County to Molly Ray. We have provided ten

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1 additional days for teachers at their daily rate of pay

2 to provide for intensive training in the areas of

3 literacy, data analysis and instructional strategies.

4 We literally are disaggregating data better now in

5 Orange County than we've ever done in the history of

6 the district and we're arming teachers with the skills

7 to be able to identify the types of learners they have

8 in their classrooms and give them the type of

9 strategies they will need.

10 This -- these additional days really equal -- is

11 equivalent to a 5 percent increase in salary as

12 intended to attract highly qualified teachers in the

13 school. So essentially what the Molly Ray teachers and

14 teachers at the other schools have received, the

15 failing grades, basically they're going to be able to

16 tell their more affluent colleagues across --

17 schools -- colleagues in the more affluent schools

18 across the district that they literally make 5 percent

19 more than they are just by being at that school. But

20 that 5 percent is attached to the intensive training

21 we're going to provide those teachers. And we're

22 providing that training because when I met with the

23 Molly Ray community, as with the other communities,

24 they said that they wanted teachers to be successful

25 there. They wanted teachers who wanted to be there.

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1 And we felt the best way to do that is to give teachers

2 strategies that would help them be effective with the

3 populations they serve.

4 In addition to that, tonight it is my hope that

5 the Orange County School Board will approve the

6 performance incentive plan for all school principals in

7 Orange County which will then provide incentive pay for

8 annually -- percentage increases on an annual basis.

9 So each year you do better than the year before in

10 critical areas that will help us achieve a specific

11 goal over a period of time. We also plan to maintain a

12 smaller class size. Our target goal is a 16 to 1

13 ratio. We're waiting to see how many kids show up when

14 and where.

15 GOVERNOR BUSH: What was last year's class size?

16 MR. BLOCKER: It was about 20. It surfaced around

17 20. And we believe that was critical in helping us

18 achieve the gains we had up to that point. We're also

19 retrofitting the entire school to allow for access to

20 the latest in technology for instruction because the

21 principal has a plan along that line and we had to kind

22 of remove the barrier that would prevent that plan. We

23 also are providing additional dollars to the textbook

24 budget to provide for the purchase of the reading

25 textbooks so that the school can fully implement its

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1 Houghton Mifflin basal reader, which is a basal reader

2 that meets the research requirements as given to us by

3 the federal educational hierarchy.

4 You need to understand, as many of you may not

5 know, that when you adopt a new textbook in whatever

6 area, school budgets are such where they're not able to

7 go out and buy all the textbooks they need that year.

8 So we're removing that obstacle by providing additional

9 district resources so Molly Ray can get all the books

10 they need now and continue, as with the other schools

11 that show a similar profile.

12 Addressing the need that the parents -- addressing

13 the need that the parents and the teachers had

14 expressed about having faculty members that wanted to

15 be there because everybody knows about the statistics

16 at schools similar to Molly Ray across the state that

17 tell us about the high student turnover. The hidden

18 data is, the hidden statistic is the high teacher

19 turnover.

20 So we spoke with the principal. She identified

21 some needs. She identified five teachers who were

22 successful teachers for all intents and purposes but

23 were not a good match for that particular school

24 community. We have since moved them to other settings

25 where they'll be more successful in giving her the

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1 freedom to hire whom she feels will help her achieve

2 that goal. And guess what? She was able to fill those

3 vacancies in time for school opening yesterday.

4 We are also coordinating the use of volunteers

5 from a district perspective because what we are finding

6 is that the community now is willing to wrap their arms

7 around Molly Rays of the world and the principals

8 didn't want the distraction of having community people

9 in and out and having to manage that. So they've asked

10 us to provide a volunteer coordinator at the district

11 level to pretty much broker when the needs are.

12 What we have found is when you analyze a school

13 like Molly Ray and a school in a more affluent part of

14 town, many of the parents are part of corporations

15 where there is an informal relationship where they can

16 easily provide additional assistance. At Molly Ray,

17 their parent base doesn't have that advantage.

18 So what we've done is we've actually asked a

19 district level coordinator -- employee to coordinate

20 volunteer recruitment from corporations and other

21 community groups to match whatever Molly Ray's needs

22 are, whether it's through mentoring, whether it's

23 through tutoring, whether it's through incentive

24 awards, whatever. Whether it's a governor to color his

25 hair purple, regardless, we're going to match whatever

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1 the community has to offer with the needs of Molly Ray.

2 The principal does not have to worry about that. All

3 the principal has to do is give us the requirements and

4 then that person's job is to go down and hunt down the

5 talent.

6 We are removing operational issues. Since there's

7 going to be a lot of construction issues at Molly Ray

8 this year, we have to provide the principal more time

9 to be in the classroom, to be an instructional leader

10 to those teachers and not be distracted by overseeing a

11 construction project. So we're actually providing a

12 district resource to be the principal in charge of

13 construction to broker her requirements for that group.

14 Finally, we are doing -- going through an

15 intensive staff development process to help those

16 teachers who need the help the most. Now, we are

17 hiring reading coaches and we're hiring what we call

18 instructional coaches. So we have literacy coaches

19 dealing with primarily the reading issues. And

20 instructional coaches to work with effective teaching

21 strategies on the job there at the school.

22 And the staff -- but we're going to train those

23 coaches so that it's just not an arbitrary type of

24 training process. We're training them to, one, focus

25 on the five core elements of effective reading and on

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1 classroom management and on Level 1 remediation, and on

2 diagnosing, monitoring, and assessing student behavior

3 in a way that you can develop effective teaching

4 strategies. So essentially, we're taking control of

5 the whole process of what a teacher will need in order

6 to be successful in that type of school.

7 Now, quite honestly, there is a bottom line for

8 all of this. And the bottom line for me is this.

9 Earlier I was here to present to you my proposal for

10 the district's charter district and you-all unanimously

11 approved it and I believe you did it because it was a

12 solid proposal. It was geared specifically at closing

13 the achievement gap. Molly Ray is a perfect example of

14 that.

15 If you remember in that proposal I pretty much put

16 some ambitious goals there that a lot of people in

17 Orange County still feel that we may not be able to

18 meet, but I'm confident that we're going to do a good

19 job of meeting those goals. Part of those ambitious

20 goals were that, one, we'd be at the national and state

21 averages or exceed the national and state averages in

22 the core subject areas. And we would also not have a

23 single school in Orange County earning a grade under a

24 C.

25 So knowing that, we started this process even

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1 before I presented that proposal to you. We basically

2 started working with a group of schools that primarily

3 earned the grade of D, shared a similar demographic

4 profile of Molly Ray and we said, What do you need to

5 do to be successful. We called that group the urban

6 cohort. At least they called themselves that. They

7 actually created a whole fraternity. And I don't know

8 how healthy that is for me as the superintendent, but

9 we're working together as a team to overcome those

10 challenges.

11 If I'm going to get every Orange County public

12 school above the grade of C and if I'm going to close

13 that achievement gap, we have to be successful with the

14 Molly Rays of the world. So this is something that's

15 going to happen. So that charter district was the

16 first shot out of the gun to achieve this.

17 We were not expecting to receive the bad news of

18 Molly Ray being a voucher school. But fortunately when

19 that news arrived, we had already begun putting a plan

20 in place. So we were able to do that. Now, we also

21 received additional guidance from the Department of

22 Education and through the school improvement office

23 that said there were some other things about our plan

24 that had to be tweaked. That's not a problem. Each of

25 those areas will be addressed and be dealt with within

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1 the next 30 days.

2 We also know that the school needs more parent

3 volunteers and we're working on that. Because when I

4 met with the Molly Ray community, they said, We really

5 do need more community and, specifically, parent

6 involvement. We have a line/dot curriculum to the

7 Sunshine State standards. So teaching to the test is

8 really not an issue. We're teaching to a curriculum

9 that's totally aligned and then we're teaching to the

10 child.

11 And we've also implemented an extensive diagnostic

12 plan that will inform instruction -- improve

13 instruction and include ongoing assessment and we will

14 monitor those results. We know we have language

15 barriers at the school but we're increasing our

16 instructional materials to be successful with the

17 Haitian Creole population and we want to provide

18 meaningful instruction as indicated in our district LEP

19 plan and that will be achieved.

20 And we know that the focus must be on

21 interventions and we have quite a few interventions in

22 place as reflected in our plan. Therefore, all the

23 interventions will be monitored, not only at the school

24 level but at the district level. Now that monitoring

25 begins with the teachers' ability to effectively

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1 disaggregate the data. All those teachers will be

2 trained or have been trained on that. All the

3 principals have been trained on that.

4 This summer they had a three-day retreat. All the

5 principals in urban cohort had a three-day retreat

6 where they worked through their entire plans. They

7 knew what was going to happen as soon as the first day

8 of school arrived. And they knew how to provide the

9 additional assistance to their teachers in

10 disaggregating that data.

11 We then will include the DRP, which will be

12 administered twice a year prior to the FCAT and the

13 DIBLES three times a year before the FCAT. Both of

14 these nomenclature meaning diagnostic testing. There's

15 a reporting scheme called the crystal reports that

16 actually ties the classroom to the area

17 superintendent's office and even to my office where we

18 know what's going on in every classroom testwise as we

19 begin this diagnostic profile so we can actually

20 monitor it throughout the year. And we're going to

21 also use a locally developed benchmark to be included

22 on that crystal report.

23 And, finally, those with reading programs such as

24 Voyager and other very intensive reading programs have

25 their own built-in monitoring systems. The bottom line

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1 for me is we're going to meet this goal and exceed it.

2 I met with every school community that received a

3 failing grade. And I gave them my assurance as the

4 superintendent that that would not happen again because

5 regardless of the standards set, regardless of who set

6 the standard, an F grade is unacceptable in Orange

7 County, Florida because basically that F grade says --

8 it compares that school unfavorably to other schools

9 and whatever standards we have in place. We're not

10 going to accept that.

11 So essentially my assurance to those communities

12 are that we are going to help the Molly Rays of the

13 world and all the other schools in a similar situation

14 and we're going to do it through close monitoring of

15 what's going on, effective interventions, and a

16 stronger teaching cadre. And we're going to pay our

17 teachers to reflect that attitude.

18 GOVERNOR BUSH: Thank you, Ron. Any questions? I

19 think we're good to go. Count on our help. And since

20 I bought my condominium in the central Florida area, I

21 basically live there now. So look forward to seeing

22 some of these schools.

23 MR. HORNE: Governor, in the end, it's about high

24 standards, regular testing, and accountability. But

25 with accountability, and any accountability system is

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1 only as good as how we react to that accountability

2 system. I think you've seen demonstrated this morning,

3 on behalf of the superintendents, leadership, courage

4 and innovation. But also part of that equation is the

5 resources and the help. And I hope that you not lose

6 sight not only of all these great and wonderful things,

7 this incredible planning effort that's going on in the

8 individual school districts, but the help that the

9 State of Florida is providing in these schools to help.

10 We like to call it kind of the Super Wal-Mart of

11 education. We provided an opportunity to have these

12 schools access the best practices, the best

13 information, diagnostic tools, we have made all that

14 is, I think, humanly possible available to these

15 schools. And I think the combination of those

16 resources and that help with the leadership as

17 demonstrated by these superintendents will help elevate

18 the student achievement because really in the end it's

19 about the students. It's not about the grownups, it's

20 about the students. And I do believe that we have the

21 right pieces to help elevate student achievement

22 because that's what it's all about. And I think this

23 is a good plan.

24 TREASURER GALLAGHER: Governor, if I may.

25 GOVERNOR BUSH: Yes.

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1 TREASURER GALLAGHER: I want to congratulate the

2 superintendents, all of them, and their staff for

3 putting together some good plans. I especially want to

4 commend the Department personnel that reviewed those

5 plans and critiqued those plans and are working with

6 the district on those plans. I think this is a very

7 important process. It has a very high scrutiny to it

8 and I think that's extremely important. And those --

9 we're going through that process now before these plans

10 are implemented. And that's all well and good

11 especially for what we referred to as the, I guess, F2

12 or F squared schools.

13 But I would propose that the 58 first-year F

14 schools submit their plans also to the Department for

15 its scrutiny and critique process to help them get off

16 before they're an F2. And with that, I'd like to make

17 a motion that we require the remaining 58 F1 schools to

18 turn their plans into the Department of Education no

19 later than October 1st, 2002. This could serve as

20 their first quarterly report to the state board so that

21 we can see exactly what they're trying to do as well so

22 we can help them get -- not wait until they're an F2

23 and have the expertise that the Department has to help,

24 that you're helping with these F2 schools. Let the F1

25 ones have advantage of that too. And I think what

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1 we're learning with these schools that have done such a

2 great job in improvement, we should help these other

3 schools take advantage of that also. So I'd like to

4 make that motion.

5 COMMISSIONER CRIST: Second.

6 GOVERNOR BUSH: There's a motion and second.

7 Secretary, would you like to comment on it?

8 MR. HORNE: That process is already in place.

9 We're moving towards that goal actually --

10 GOVERNOR BUSH: Each of the F schools has received

11 assistance plus help. And so to come back in October

12 would be --

13 TREASURER GALLAGHER: But to report to us as a

14 cabinet so they recognize the importance of this is

15 what I'm saying.

16 GOVERNOR BUSH: Jim?

17 SECRETARY SMITH: Governor, I just want to say as

18 a newcomer, it's impressive that our worst-performing

19 schools are receiving this kind of attention. And I

20 think you and Commissioner Crist and Secretary Horne

21 and the Board, and all these superintendents and

22 teachers and parents and communities really need a pat

23 on the back. This is long overdue. And frankly it

24 takes guts to measure this in the way that it's being

25 measured. And I'm just happy to see the enthusiasm

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1 that's out there and that our community is going to

2 come together and solve this problem. You-all are

3 doing a super job.

4 GOVERNOR BUSH: Jim, you should have been here

5 three years ago when we did this. The attitude was a

6 little different. Remember those meetings? This is --

7 this is a, I think, very encouraging, exciting, and

8 we've changed the dynamic from hopefully giving --

9 there may have been a perception of scolding before and

10 now I don't think there is any doubt that at both the

11 district level and at the state level these schools are

12 going to get more attention, more support than they

13 ever have before. And that's the way it should be.

14 There is a motion and a second on Commissioner

15 Gallagher's resolution or amendment. What is it?

16 Amendment to this agenda item. Without objection, it

17 passes.

18 Commissioner Crist.

19 COMMISSIONER CRIST: Thank you, Governor. We've

20 seen and discussed the revised districts and school

21 plans presented as well as the Department of

22 Education's recommendations for strengthening these

23 plans to ensure that all students are academically

24 well-served. I want to commend the superintendents,

25 their district staffs, the school board chairs, the

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1 principals, the school advisory council chairs and the

2 Department's staff for their hard work and thoughtful

3 development of these plans. I think they hold great

4 promise for success for our children.

5 I also want to thank Cathy Murzurec and Andrea

6 Willett and their staff for all their hard work and

7 dedication working with these schools and the

8 districts. Therefore, Governor, I'd move that the

9 State Board of Education recommend the following

10 actions be taken by each of the four school district

11 boards represented here today.

12 One, convene the school advisory councils and

13 incorporate the State Board and Department

14 recommendations presented into the current district and

15 school plans within 15 working days and begin

16 implementation. Two, approve the revised plans at the

17 next regularly scheduled school board meeting. Three,

18 forward a copy of the revised plans and proof of

19 adoption to our office for distribution to all State

20 Board members. And, four, provide the district and

21 school progress reports in a format to be prescribed to

22 the State Board by the last calendar day of each month.

23 I'm requesting that the DOE staff be immediately

24 available to these ten schools to clarify the specifics

25 of any recommendation and to assist the districts as

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1 much as possible as they make the necessary changes.

2 TREASURER GALLAGHER: Second.

3 GOVERNOR BUSH: There is a motion and a second.

4 Any discussion? Without objection, the item passes.

5 Thank you.

6 Jim, is there other items on the agenda? There

7 are? Oh, yeah, we do. Cyber High.

8 MS. SAFLEY: Item 5 is the charter school appeal,

9 Cyber High Charter School versus Orange County School

10 Board. The State Board of Education must, by majority

11 vote, either accept or reject the decision of the

12 district school board and at this time I'd like to

13 introduce John Benford who will be representing Cyber

14 High charter school.

15 GOVERNOR BUSH: Can we -- did we talk about a time

16 limit -- please, come on. Did we talk about a time

17 limit with the participants?

18 MS. SAFLEY: Yes, and I forget what it is. Five

19 or ten minutes on either side. Do you want to go with

20 five since we're running late?

21 GOVERNOR BUSH: How about seven minutes. Seven

22 minutes.

23 MS. SAFLEY: Seven minutes. There we go.

24 GOVERNOR BUSH: Good morning.

25 MR. BENFORD: John Benford on behalf of the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 80
1 appellant Cyber High.

2 GOVERNOR BUSH: You might want to wait just a

3 second for people who are going to leave, that we let

4 them go.

5 (Pause.)

6 MR. BENFORD: I have with me Leona Rockman and Mr.

7 Alan Friedland, both representatives from Cyber High.

8 And we'd like to thank you for having us here this

9 morning. The school board's decision to terminate

10 Cyber High's charter is not based on any substantial

11 and competent evidence. Rather, the school board's

12 decision to terminate the charter is based on tenuous

13 and irrelevant arguments, inaccurate statements of fact

14 and smoke screens to hide the school board's violation

15 of the charter school statute. What makes the school

16 board's grounds so weak is the school board's long

17 pattern of resistance towards Cyber High since Cyber

18 High was created when the school district's staff tried

19 to deny Cyber High's charter application.

20 The school board's pattern of failing to cooperate

21 with Cyber High and the school board's oppressive

22 conduct towards this charter school. Now the best

23 example of the school board's improper conduct towards

24 this charter school is the school board charging Cyber

25 High $265,000 for the school year for its bus service.

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1 Cyber High at this time had an FEFP revenues of only

2 $633,000 for the entire school year. So the school

3 board was charging Cyber High 42 percent of Cyber

4 High's yearly revenues for this bus service.

5 This charge is excessive because it greatly

6 exceeded Cyber High's approved budget. It greatly

7 exceeded the actual cost of the bus transportation

8 service for the school board and it was four times

9 greater than the amount that other schools in the

10 district were paying for this bus service. The school

11 board then unilaterally enforced this charge by taking

12 Cyber High's state educational funds. These are funds

13 that Cyber High needed to educate its students. These

14 are funds that Cyber High needed to pay for things like

15 teacher salaries, books, and rent.

16 The school board knew or should have known that

17 this charge of $265,000 was very likely to put Cyber

18 High out of business. The school board's conduct

19 constitutes a number of violations under 228.056 and

20 this conduct is presently the subject of an

21 administrative proceeding before the Division of

22 Administrative Hearings and a civil action in state

23 court, both filed by Cyber High before the school board

24 terminated the charter.

25 Now in addition to violating these provisions of

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 82
1 the charter school statute, the school board's

2 mistreatment of Cyber High is contrary to the policies

3 of the charter school statute. It is -- to take

4 substantial educational funds from a small charter

5 school to enforce an excessive transportation charge of

6 $265,000, 42 percent of this school's annual revenues,

7 and then to refuse to follow the dispute resolution

8 procedures that are provided in 228.056 is simply

9 contrary to the policies that underline 228.056. It's

10 contrary to the policy of improving student learning.

11 It's contrary to the policy of promoting learning

12 opportunities --

13 GOVERNOR BUSH: I'm sorry, just a few before I

14 forget. Why wouldn't you have worked this out

15 beforehand?

16 MR. BENFORD: Governor --

17 GOVERNOR BUSH: Why would you start a school

18 without knowing how much money you were going to get

19 for transportation?

20 MR. BENFORD: That's a very good question. Cyber

21 High and the school board agreed to a bus service that

22 would not exceed $81,000 for the year. This --

23 GOVERNOR BUSH: Not in the contract though?

24 MR. BENFORD: It's not in the contract; however,

25 it is in the budget. It states 81,000 for the year.

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1 It's in Cyber High's budget. The budget was approved

2 by the school board. Cyber High informed the school

3 board on several occasions that it was unable to exceed

4 this budget under any circumstances. So the school

5 board is well aware that Cyber High can only spend

6 around $81,000 for transportation. So during the first

7 couple of months of the school year, the school board

8 never invoiced Cyber High for bus service. And then in

9 early October of 2001 the school board contacted Cyber

10 High and announced for the first time it was going to

11 bill $265,000 for the entire school year.

12 GOVERNOR BUSH: How many students, sir?

13 MR. BENFORD: When Cyber High opened, it had 173

14 students. At the time in October, mid October of 2001,

15 that had dropped to 151 students. So, again, Cyber

16 High rejected this transportation charge for a number

17 of reasons, in particular because it exceeded the

18 actual cost to the school board and it greatly exceeded

19 Cyber High's approved budget.

20 Now, in addition, the school board's operating

21 grossly inefficient bus routes. It was transporting

22 two or three students on buses that were designed to

23 hold 20 or 30 students. Some of the students were

24 being bussed from 10 to 15 miles away on one bus

25 instead of using depot stops which is apparently the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 84
1 standard procedure in Orange County. In addition to

2 this, when the dispute arose, under 228.056, the school

3 board and Cyber High were required to mediate this

4 dispute with the Department of Education. In November,

5 Cyber High had requested on several occasions that the

6 parties submit the matter to the Department for

7 mediation but the school board refused. Instead, the

8 school board begins unilaterally enforcing this

9 excessive transportation charge by taking substantial

10 amounts of Cyber High's FEFP operation funds and its

11 transportation funds. In November and December of 2001

12 the school board is withholding $60,000 of the FEFP

13 funds for this small charter school. This is

14 50 percent of the total FEFP revenue that Cyber High

15 would receive during these two months.

16 Importantly, these operation funds are designed to

17 pay for Cyber High's educational costs, including

18 things like teacher and staff salaries, books, learning

19 materials, equipment, and rent and utilities. And as a

20 result, these education funds were not available to

21 operate the school and to educate Cyber High's

22 students.

23 On December 17th, the school board demanded that

24 Cyber High agree to pay $265,000 or it was going to

25 terminate its bus service. Cyber High again offered to

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1 pay the actual cost but rejected this excessive

2 transportation charge of $265,000 for the school year.

3 A couple days later on December 20th, one day before

4 the Christmas break, the Orange County Public Schools

5 announces that it will terminate Cyber High's bus

6 service on the next day.

7 So instead of mediating this matter with the

8 Department of Education, the school board is

9 unilaterally taking Cyber High's state funds and it's

10 terminating its bus service one day before the

11 Christmas break. So Cyber High is now compelled to

12 file an action for injunctive and declaratory relief in

13 state court seeking, one, to prevent the school board

14 from terminating the bus service. And, two, to stop

15 the school board from withholding its funds.

16 The Court entered a temporary injunction which

17 prevented the School District from terminating the bus

18 service and the Court stated at the hearing that the

19 school board could not take any of Cyber High's state

20 funds. Now in retaliation for bringing this civil

21 action, the school board continued to take substantial

22 amounts of Cyber High's state funds. From January to

23 March, the school board took 18,000 in funds every

24 month to enforce its transportation charge. And in

25 April of 2002, the last month Cyber High received any

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1 funds from the school board, the school board only gave

2 Cyber High $2,351 to operate on for the entire month.

3 In May of 2002 the school board withheld all of

4 Cyber High's state funds. So by May 28th when the

5 school board terminated Cyber High's charter, the

6 school board had improperly withheld $151,000 in FEFP

7 operation and transportation --

8 GOVERNOR BUSH: So -- can you close it up? We may

9 have a few questions. But how did -- are teachers then

10 left with unpaid -- I mean, how did you pay your

11 teachers?

12 MR. BENFORD: I'll lent Mr. Friedland --

13 MR. FRIEDLAND: I leant money to the school to

14 make every payroll until the last check arrived. And

15 when they withheld all the schools' funds, this is

16 after we sold assets of the school, this is after we

17 took every precaution to try to -- only at that point

18 when we were totally out of funds, they withheld all

19 the May funds we were expecting. We could not pay

20 their last check. The school board then agreed to pay

21 the teachers and then they reneged on that. They said

22 we were at least $15,000 of the school's funds --

23 GOVERNOR BUSH: So you funded it?

24 MR. FRIEDLAND: And they reneged it. Yes, sir.

25 TREASURER GALLAGHER: You actually did have a

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1 mediation on the bus service, didn't you?

2 MR. BENFORD: That's correct. The mediation was

3 roughly two weeks after Cyber High was forced to file

4 an action in state court for injunctive relief, that is

5 correct. The school board finally agreed to mediate at

6 that point. And it's our position it should have

7 mediated months prior to that.

8 TREASURER GALLAGHER: Right. But -- and there was

9 basically an agreed-upon settlement in that mediation.

10 And it's my understanding that the language got changed

11 before it got sent over to the school board and

12 therefore the school board rejected it.

13 MR. BENFORD: I'm not sure exactly what happened

14 because I was not representing Cyber High at the time.

15 MR. FRIEDLAND: The agreement failed because they

16 insisted that we stay -- that the School District had

17 been cooperative in every aspect of starting up this

18 charter school and it was blatantly not true, it wasn't

19 accurate. And that's why, without this insistence and

20 going publicly before the school board with this

21 statement, they refused to settle on the school bus

22 issue. There was a financial settlement.

23 Later on, you know, I believe Ms. Rockman even

24 relented and we tried to work out that language. And

25 that was the reason it fell through. And it was really

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1 inappropriate that they would require a charter school

2 to make these public accusations when the fact is this

3 district has not cooperated with this school and it's

4 statutorily guaranteed that they are supposed to. I

5 think that's a key point.

6 TREASURER GALLAGHER: Well, but the language that

7 I see that was changed was, The defendant will not

8 unreasonably withhold approval of -- instead of "a

9 plan," you-all changed it to "any plan" proposed by

10 Cyber High to provide the bus service by private

11 alternative.

12 MS. ROCKMAN: Okay. I think I can answer that,

13 sir? May I?

14 TREASURER GALLAGHER: Sure.

15 MS. ROCKMAN: First of all, I signed at the

16 mediation --

17 GOVERNOR BUSH: Could you state who you are?

18 MS. ROCKMAN: I'm sorry. I'm Leona Rockman and I

19 worked as a teacher in Orange County for 17 years. Ten

20 years I was in the office of training and development

21 where I trained teachers and administrators as well as

22 going into classrooms to help on school improvement. A

23 few years ago when you had F schools in Orange County,

24 I was one of the ones that went into those F schools.

25 And the next year they were not F schools anymore.

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1 But anyway, let me get back to the mediation. In

2 the mediation, I had -- we didn't sign the mediation

3 agreement that day but we had to take it back to our

4 board and to our attorney because our attorney wasn't

5 present because we were trying to keep the cost of our

6 attorneys down at that time. And then I signed the

7 mediation agreement that Friday. I delivered it to

8 Henry Bogoff's office and to my knowledge that was the

9 agreement, you know, literally I think one word had

10 been changed. It wasn't changed by me.

11 I don't know, you know, what happened but I know I

12 signed the agreement and I even E-mailed their school

13 board member, Rick Roach, to indicate that I was very

14 excited we reached an agreement. So it was my

15 understanding everything had been worked out and then

16 it comes back they were not going to work it out.

17 TREASURER GALLAGHER: Well, I can tell the other

18 side feels that it was changed after the fact.

19 MS. ROCKMAN: The record doesn't show that though.

20 TREASURER GALLAGHER: Well, I'm reading a letter

21 that basically was sent by Carl Hartley, Junior, to

22 Douglas Cliegman. That is --

23 MS. ROCKMAN: They have made many accusations but

24 that was the agreement that was in our mediation. I

25 signed the agreement that was given to me by my

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1 attorney and I was under every intention that this was

2 going to be the agreement and we were agreed to -- we

3 agreed to whatever they wanted to agree to. That was

4 basically it.

5 TREASURER GALLAGHER: It would be hard for me to

6 believe that anybody would agree that they would not

7 unreasonably withhold approval of any plan proposed.

8 GOVERNOR BUSH: Why don't we get the Orange County

9 School District to come up.

10 TREASURER GALLAGHER: I'm sorry. Anyway, I've

11 given my -- what I think anyway.

12 GOVERNOR BUSH: Then we'll have questions.

13 MS. SAFLEY: Now representing the Orange County

14 Public School District is Carl Hartley.

15 MR. HARTLEY: Governor Bush, honored members of

16 the cabinet, my name is Carl Hartley. I represent

17 Orange County Public Schools. With me is the general

18 counsel, Frank Cruppenbacher. I think it's important

19 to stress right out of the shoot here that this is not

20 a happy day for our board either. We've had a failure

21 of a charter school partnership. We had ten success

22 stories last year. We had eleven charter schools, had

23 a great working relationship with ten of them. This

24 one, no, and we have to acknowledge it's a failure.

25 Unfortunately, we can't talk about the ten success

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1 stories from last year. We have three new charter

2 schools. We have to focus necessarily on this failure.

3 This charter was terminated for three basic reasons.

4 First, they -- the charter school failed to fiscally

5 manage the operations of the school. In short, this

6 school is a financial basket case. Second, they failed

7 to manage the school itself. And, third, student

8 performance.

9 Touch on each one in turn. And I know you-all

10 have been fully briefed because your aides asked a lot

11 of very perceptive questions six days ago this morning.

12 I don't think I should dwell on the transportation

13 issue. Governor's aide in particular asked me to move

14 on after that. But I think there is about four or five

15 things in particular that need to be noted about this.

16 Number one, this is the same cost that Orange

17 County School Board charges to every charter school in

18 the county. The City of Orlando, when they borrow

19 these buses, pay the same --

20 GOVERNOR BUSH: Do you charge per student the same

21 that you charge -- or a cost per student for regular

22 public schools?

23 MR. HARTLEY: No, it's charged per bus, per hour.

24 We don't charge the regular schools per student. We

25 divide all the money spent on transportation by the

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 92
1 number of bus hours. We get $30 and that's what we

2 charge. We charge the schools 30 bucks an hour for a

3 field trip, you know, a football game.

4 GOVERNOR BUSH: And this was established before

5 the school started?

6 MR. HARTLEY: Yes, sir. And they were told what

7 the cost was going to be. It's in writing, it's in the

8 record, they were told it's going to cost $30 an hour.

9 They requested the service, they accepted the service,

10 then they refused to pay for the service. And it was

11 basically the actual cost of the bus service.

12 We then got the money back from them. Nothing

13 like $265,000. The numbers are in the briefs, it's far

14 less. We estimated that the total cost would be

15 $215,000 if they used the same system throughout the

16 year, two weeks into the year, and that didn't happen.

17 We did mediate with these people twice. Certainly

18 tried to resolve this situation. We did it once with

19 Mike Olneck and we did it once with another mediator,

20 Jim Page, in Orlando.

21 A second problem with the fiscal management of the

22 school is that they kept wanting to be paid for

23 students that were not there. And I'm sure you-all

24 know how this works. They do surveys, the Department

25 looks at it, and Orange County doesn't decide we're

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 93
1 going to fund for this student or that student, the

2 Department of Education makes that decision. You heard

3 that we had 175 students. The Department of Education

4 never thought they had over 132. We paid them too much

5 money. When we finally got the survey, we had to get

6 it back from them in the some manner the Department

7 gets the -- when they overfund to districts.

8 The third basic fiscal problem with this charter

9 school were the, I'll call them insider contracts and

10 payments. We had consulting fees that were certainly

11 not disclosed to be paid to a brother-in-law, the

12 principal of the school, $34 per student per month. We

13 knew nothing about that. Equipment purchased from the

14 brother-in-law. And as we stand here today, we still

15 don't know what the brother-in-law paid for those

16 computers, what the brother-in-law paid for those

17 audiovisual equipment that public money went to buy.

18 And I ask myself, Why don't we know? It's been

19 such a fuss for so long. Is it because there was a

20 large markup on the purchase of this stuff from Gateway

21 or Dell or perhaps is it because maybe all of it wasn't

22 even purchased and it wasn't there when they had these

23 burglaries? We don't know yet today.

24 And because of these insider transactions, it

25 wasn't just the school board that the school didn't

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 94
1 pay, they didn't pay their landlord, they didn't pay

2 their employees and they didn't pay their lawyers. We

3 were ordered at one point by the Orange County Circuit

4 Court to pay their prior lawyer money. He was asserted

5 a charging lien on this, we were ordered to do that.

6 So they're an economic basket case. And it's not

7 because of transportation money, it's because of

8 improper things going on with public money. No bid

9 contracts, undisclosed purchase agreements.

10 The second basic reason that the charter was

11 terminated is they failed to manage the school. They

12 were repeatedly advised, You're not supervising the

13 students. No student supervision. We complained about

14 teachers that were not certified as teachers with

15 criminal backgrounds. And their response was to say,

16 Well, they're not teachers, they're clerical people

17 when, in fact, they were teachers. And one of the

18 responses was to change the person's name and list him

19 under another name still as a teacher, clearly

20 disingenuous.

21 A big thing that really not much has been made out

22 of in this that's always bothered me is they were

23 authorized for 9th and 10th grade students. They had

24 half a dozen 11th graders out there. And the

25 Department says, No credit on your FTE because you're

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 95
1 not authorized for juniors. But what if you were a

2 junior or a parent of a junior and you sent your kid to

3 this school for a year and you find out he didn't have

4 a junior year? Those people really have a complaint.

5 The third problem, third broad problem, was

6 student performance. Repeated observations that the

7 students were not engaged in academic activity.

8 Repeated warnings, need to do something about this.

9 And the reason this was important was because Orange

10 County Public Schools was very concerned that if there

11 was no academic activity going on, when it came time to

12 measure student performance, there was going to be a

13 serious problem. And, in fact, there was.

14 When they took the FCATs, abysmal, the worst in

15 the county, the worst of any school, worst in the

16 district. Way below the state average. This charter

17 school was a failure. However, don't lose sight of the

18 fact that there were ten success stories last year.

19 And just in closing, given the kind of abuses that

20 were going on here, you know, our board has a fiduciary

21 duty, the same as this board has duties to guard public

22 money. Really had no choice in this matter, could not

23 let this continue.

24 GOVERNOR BUSH: Thank you. Any questions to the

25 applicant or to the district?

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STATE BOARD OF EDUCATION, AUGUST 13, 2002 96
1 TREASURER GALLAGHER: No. I'd like to move that

2 we deny the appeal.

3 COMMISSIONER BRONSON: Second.

4 GOVERNOR BUSH: Any other discussion? There is a

5 motion and second to deny the appeal. All in favor say

6 aye. All opposed. Thank you all very much.

7 MS. SAFLEY: Governor and cabinet, Item 6 is dual

8 enrollment courses identified to meet high school

9 graduation requirements. We have Matt Bach from K16

10 articulation to answer any questions if you have any.

11 TREASURER GALLAGHER: Motion on six.

12 GOVERNOR BUSH: Is there a second? Moved and

13 seconded. Without objection, the item is approved.

14 MS. SAFLEY: And then Item 7 through 27 will

15 hopefully move --

16 TREASURER GALLAGHER: Motion on 7 through 27.

17 GOVERNOR BUSH: There's a motion on Item 7 through

18 27.

19 MS. SAFLEY: Which are appointments.

20 ATTORNEY GENERAL BUTTERWORTH: Second.

21 GOVERNOR BUSH: The item is approved. Thank you,

22 Robin.

23

24

25

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DEPARTMENT OF AGRICULTURE, AUGUST 13, 2002 97
1 GOVERNOR BUSH: Department of Agriculture.

2 MR. WILHELM: Yes, sir. Item No. 1 is approval of

3 the minutes from May 21st, June 12th, and June 25th

4 cabinet meetings.

5 TREASURER GALLAGHER: Motion on minutes.

6 ATTORNEY GENERAL BUTTERWORTH: Second.

7 GOVERNOR BUSH: Moved and seconded. Without

8 objection, the item is approved.

9 MR. WILHELM: Item No. 2, the Attorney General has

10 requested that we defer this item until the first

11 meeting in September.

12 COMMISSIONER BRONSON: Governor, if I could, and

13 in deference to my colleague, I think that's a good

14 idea. We'll let this work itself through. I believe

15 that after working on this for two years and having

16 been the Senate sponsor of this bill, that we need to

17 get all these issues cleared before this Board has a

18 chance to vote on it. I will say that probably in the

19 end the two issues that may be the biggest sticking

20 point will need to be decided by this Board.

21 But I know the Department and the Aquaculture

22 Division is willing to work over the next months to

23 make sure that all of these issues hopefully are taken

24 care of before it comes back. And as the Senate

25 sponsor of the original bill, if there is any questions

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DEPARTMENT OF AGRICULTURE, AUGUST 13, 2002 98
1 as to intent, I'd like to make sure our staff can relay

2 that information to the staffs of the Board members.

3 GOVERNOR BUSH: Very good. There is a motion to

4 defer until the first meeting in September, is that --

5 by General Butterworth. Is there a second?

6 COMPTROLLER MILLIGAN: Second.

7 GOVERNOR BUSH: Moved and seconded without

8 objection. The item is deferred until September.

9 MR. WILHELM: Thank you very much.

10 As I stated before, the Financial Management

11 Information Board agenda has been deferred in its

12 entirety, the Board of Trustees.

13 Before we start, I want to recognize Jim Boxhold

14 who is leaving as the deputy cabinet aide for me. He's

15 going to go back and take care of his children which I

16 think is a pretty good wholesome wonderful thing to do.

17 So, Jim, this is your last cabinet meeting. He has

18 handled all the Board of Trustees' activities for my

19 office and we wish you well and I'm proud of you.

20 (Applause.)

21

22

23

24

25

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BOARD OF TRUSTEES, AUGUST 13, 2002 99
1 MR. STRUHS: Item 1, recommend approval of the

2 minutes.

3 ATTORNEY GENERAL BUTTERWORTH: Move.

4 TREASURER GALLAGHER: Second.

5 GOVERNOR BUSH: Moved and seconded. Without

6 objection, the item is approved.

7 MR. STRUHS: Item 2 is an interesting one. We

8 bring it to you a little bit reluctantly, to tell you

9 the truth. This is a piece of property that was

10 adjacent to the Wekiva-Ocala Greenway; it's a Florida

11 Forever Project. It was something that the Division of

12 Forestry initially expressed a pretty strong interest

13 in acquiring because of its resource value and actually

14 pursued a boundary amendment to the project to get it

15 included as part of this greenway project. And I'm

16 actually quite pleased that our Division of State Lands

17 was able to negotiate an option price for your

18 consideration that is 8 percent below the appraised

19 value.

20 However, it's sort of hard to ignore the fact that

21 the sellers are poised, if you approve the item in its

22 current form, to make 247 percent profit in just four

23 years, that's $219,000, the source of some great

24 frustration for me and for many of us. Having said

25 that, this was an unusual sale that they were able to

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BOARD OF TRUSTEES, AUGUST 13, 2002 100
1 take advantage of back in 1998 and 1999. The state was

2 not there because, again, at that time, this particular

3 parcel was not part of this greenway project. So those

4 are the facts and our recommendation for your

5 consideration is to approve the item.

6 TREASURER GALLAGHER: Governor?

7 GOVERNOR BUSH: Yes.

8 TREASURER GALLAGHER: My numbers show it's almost

9 300 and some percent. But be that as it may, I see the

10 value of this acquisition and I think that I, as

11 probably some others on the Board, are uncomfortable

12 with the practice of buying high and selling low or in

13 this case significantly higher than the seller within a

14 very short period of time.

15 And I know the seller's return on investment does

16 not and should not dictate our acquisition. But I

17 believe it's our fiduciary responsibility to ensure

18 that the state receives a value in terms of resource

19 and price for what we purchase. And I'd like to see

20 these parcels as part of the Wekiva-Ocala Greenway.

21 And I also realize that if you took a 20 percent

22 compounded purchase price for the Clement parcel, it

23 would be 96,000 and we're paying 175. If you took the

24 Ellis parcel, since 1999 would be 73,000, we're paying

25 133. And maybe there is somebody else who would like

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BOARD OF TRUSTEES, AUGUST 13, 2002 101
1 to pay the 133 or the 175, I don't know. But I'm real

2 uncomfortable with paying that much and I think we

3 ought to direct the -- I'm not ready to purchase it at

4 this time at those prices. And so I don't know if

5 we're the only buyer or if they can sell it to somebody

6 else. If they can sell it to somebody else, maybe they

7 should. So I'd like to move we send it back to staff

8 to --

9 GOVERNOR BUSH: There is a motion to deny. Is

10 there a second?

11 COMPTROLLER MILLIGAN: Second.

12 GOVERNOR BUSH: Any other discussion?

13 COMPTROLLER MILLIGAN: I would just like to raise

14 the question, Governor, on how this property came to

15 our attention in terms of moving the boundary.

16 MR. STRUHS: Well, the -- I can speak to the

17 formal process and then maybe the staff can provide the

18 internal process.

19 COMPTROLLER MILLIGAN: Let me just cut right to

20 the chase. I understand the seller of the property

21 sent a letter to DEP requesting that the boundary be

22 changed so that the property could be included in the

23 purchase area.

24 MR. STRUHS: That's correct. And then from there,

25 General, it was taken to the Acquisition and

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BOARD OF TRUSTEES, AUGUST 13, 2002 102
1 Restoration Council.

2 COMPTROLLER MILLIGAN: I also understand that this

3 is just the -- another one of the pieces of property

4 that the same person has been dealing with the state

5 and additional pieces of property were also addressed

6 to be included in the expansion of the boundary and we

7 haven't seen those yet.

8 MR. STRUHS: That is, I believe, true and I

9 believe we've also, as a state, purchased other

10 property from these sellers as a part of this trail --

11 COMPTROLLER MILLIGAN: I know we did, sadly. I

12 would like to go beyond just these two pieces of

13 property and make sure that we are carefully

14 scrutinizing any additional purchases that may be

15 involved as a result of this particular approach of

16 expanding the boundary.

17 GOVERNOR BUSH: Very good. There is a motion and

18 a second. Any other discussion? It is a motion to

19 deny.

20 TREASURER GALLAGHER: Is that an amendment?

21 COMPTROLLER MILLIGAN: I guess you could consider

22 it an amendment but really I'm just asking the DEP to

23 do their due diligence really. I don't think we need

24 to include it as an amendment.

25 GOVERNOR BUSH: Okay.

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BOARD OF TRUSTEES, AUGUST 13, 2002 103
1 MR. STRUHS: Thank you.

2 GOVERNOR BUSH: There is a motion to deny and a

3 second. All in favor of Commissioner Gallagher's

4 motion signify by saying aye. All opposed.

5 MR. STRUHS: Item 3 is an option agreement to

6 acquire 16.62 acres in the Sebastian Creek CARL

7 Project. A very good project; I recommend approval of

8 it. This will provide over 2,000 feet of frontage on

9 Sebastian Creek.

10 TREASURER GALLAGHER: Move.

11 COMMISSIONER BRONSON: Second.

12 GOVERNOR BUSH: Moved and seconded. Without

13 objection, the item is approved.

14 MR. STRUHS: Item 4, we recommend approval of a

15 value-for-value land swap. This is between Florida

16 State University and the bishop of the Diocese of

17 Pensacola, the Catholic church here in Tallahassee.

18 This is simply an opportunity for both the church and

19 the University to be better off by consolidating their

20 landholdings respectively on the north and south sides

21 of Tennessee.

22 COMMISSIONER BRONSON: Motion.

23 ATTORNEY GENERAL BUTTERWORTH: Second.

24 GOVERNOR BUSH: Moved and seconded. Without

25 objection, the item is approved.

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BOARD OF TRUSTEES, AUGUST 13, 2002 104
1 MR. STRUHS: Item 5 is two items. It's a request

2 to surplus a 13,000 square foot lot in Miami-Dade

3 County. And secondly, to accept an offer, a bona fide

4 offer from a Mr. Mario Quadros who is here.

5 This item does require five votes because part of

6 it is finding that the property is no longer needed for

7 the state's conservation agenda. And it also advances

8 our objectives which is to work with the City of Miami

9 Beach to establish a new waterfront park in that area.

10 This is a bona fide offer as a result of some very

11 aggressive marketing, of some individual, in this case,

12 noncontiguous house lots in this area. The bona fide

13 offer is for $1.2 million. It was made in May and

14 we're recommending approval for this. If you're

15 interested in learning more about the larger plan for

16 the other parcels, we can speak to that, but this is a

17 single item and we recommend approval.

18 TREASURER GALLAGHER: I'd like to ask a question.

19 MR. STRUHS: Yes.

20 TREASURER GALLAGHER: Why do we buy these lots?

21 We got the park a little bit south of it and all of a

22 sudden we have, you know, all these 11 lots and a

23 couple of lots we didn't buy in between. And now we're

24 going to sell them back. This just -- I mean, why did

25 we buy them in the first place?

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BOARD OF TRUSTEES, AUGUST 13, 2002 105
1 MR. STRUHS: Well, in the early 1980s the State of

2 Florida had a program that I understand was called Save

3 Our Coast and they used bond money then to acquire

4 coastal properties. Whoever was in charge then

5 approved the acquisition of 22 lots in the City of

6 Miami Beach, most of them, but not all of them, on the

7 waterfront. It's now a new day and new management and

8 we're looking at those 22 lots, 11 of which are

9 contiguous, 11 of which are not, and recognize that in

10 our estimation they don't advance the State's

11 conservation agenda in any material way.

12 So we've worked out an arrangement where the City

13 of Miami Beach, which is interested in acquiring the 11

14 contiguous lots for the development of a more local

15 regional waterfront park, would transfer those lots to

16 Miami Beach and then be able to sell, as a result of a

17 very aggressive marketing campaign, the 11

18 noncontiguous lots.

19 The result of this aggressive marketing is pretty

20 good news in that the state will -- not that we're in

21 the business of making money, but in this case we will.

22 We will make a substantial return on that investment.

23 Covering, in fact, beating our initial investment in

24 the overall 22 lots and then allowing us to make the

25 transfer, with your approval, of course, of the 11

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BOARD OF TRUSTEES, AUGUST 13, 2002 106
1 contiguous lots to the City of Miami Beach.

2 TREASURER GALLAGHER: Have we paid off these bonds

3 and bought this?

4 MR. STRUHS: I don't know.

5 TREASURER GALLAGHER: I mean, I would think that

6 you might have some kind of -- has anybody checked to

7 see if we have any bond indenture problems of selling

8 land that we bought with bond money?

9 MR. STRUHS: The rules in place are being followed

10 here, which is specifically -- and it's in the agenda

11 item -- a determination that these properties

12 specifically are not -- are no longer necessary to meet

13 this conservation agenda. We've done this -- it's

14 rare, but we have done this before.

15 TREASURER GALLAGHER: Well, let me ask you another

16 question. And these are being sold -- they were bought

17 as individual single family lots. They are being sold

18 as individual single family lots. We got a deed

19 restriction on keeping them individual family lots or

20 are we going to let somebody buy these, put them all

21 together, and build a motel or something or hotel?

22 MR. STRUHS: Well, the lots they were selling are

23 noncontiguous. That would be problematic. And of

24 course --

25 TREASURER GALLAGHER: Well, you buy three lots or

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BOARD OF TRUSTEES, AUGUST 13, 2002 107
1 four lots and all of a sudden you own two blocks.

2 GOVERNOR BUSH: No, they're not contiguous though.

3 TREASURER GALLAGHER: There's one, two, three,

4 four lots. Well, one on the end so you don't have to

5 count it. But one, two, three, four lots in the middle

6 that somebody has to go buy and then they have the

7 whole two blocks.

8 GOVERNOR BUSH: Oh, you're saying buy from other

9 owners?

10 TREASURER GALLAGHER: Yeah.

11 MR. STRUHS: This would, of course, not be

12 governed by state law or state rules. This would be

13 governed by local zoning restrictions. It says --

14 TREASURER GALLAGHER: Well, it could be ours. I

15 mean if they're buying them as single family are we

16 going to keep them as single family or are we going to

17 just let them do whatever they want?

18 MR. STRUHS: That would be up to the City of Miami

19 Beach.

20 TREASURER GALLAGHER: No, it could be up to us

21 too. We could put a deed restriction on there if we

22 chose.

23 MR. STRUHS: We would propose a deed restriction

24 on the 11 contiguous lots that would eventually be

25 transferred to the City of Miami Beach for purposes of

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BOARD OF TRUSTEES, AUGUST 13, 2002 108
1 outdoor recreation.

2 TREASURER GALLAGHER: Well, do you think these

3 lots would be purchased if we had a deed restriction

4 that they remain single family?

5 MR. STRUHS: Pardon me?

6 TREASURER GALLAGHER: My question is, if we put a

7 deed restriction on these lots, which we have the

8 authority to do as a seller --

9 GOVERNOR BUSH: Let's talk to Mr. Quadros.

10 TREASURER GALLAGHER: -- would they still be

11 purchased?

12 MR. STRUHS: I'm sure they will be purchased.

13 GOVERNOR BUSH: Would they be purchased by the

14 person that has a contract on them? He's nodding.

15 TREASURER GALLAGHER: Is that a yes or a no?

16 MR. QUADROS: Yes, sir.

17 GOVERNOR BUSH: You don't have a problem with the

18 deed restriction? Please come up.

19 COMMISSIONER BRONSON: I had a question too,

20 Governor, on the potential deed restrictions. I was

21 under the impression that anything built on there had

22 to meet a general application because they were going

23 to keep this area as a -- I can't remember which, the

24 '50s, '60s, building period, for historical value.

25 GOVERNOR BUSH: Nothing greater -- you mean art

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BOARD OF TRUSTEES, AUGUST 13, 2002 109
1 deco? Started in the '20s.

2 COMMISSIONER BRONSON: Well, whatever.

3 GOVERNOR BUSH: Please, Mr. Quadros. How are you,

4 sir?

5 MR. QUADROS: Fine.

6 GOVERNOR BUSH: Welcome to the state zoning board.

7 TREASURER GALLAGHER: Something I never wanted to

8 serve on.

9 (Laughter.)

10 MR. QUADROS: Governor, members of the cabinet,

11 ladies and gentlemen --

12 GOVERNOR BUSH: Do you speak Portuguese?

13 MR. QUADROS: Yes, I speak Portuguese.

14 GOVERNOR BUSH: Are you willing to include a deed

15 restriction on this property so that you would build a

16 single family home? I think that's the concern, that

17 this is not being done to assemble property. I'm not

18 sure assembling property at a million two clip per lot

19 is a speculative venture but is -- your intent is to

20 build?

21 MR. QUADROS: Yes.

22 GOVERNOR BUSH: Build a house?

23 MR. QUADROS: My house to live with my family.

24 GOVERNOR BUSH: Right on the Atlantic Ocean?

25 MR. QUADROS: No.

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BOARD OF TRUSTEES, AUGUST 13, 2002 110
1 GOVERNOR BUSH: It isn't?

2 MR. QUADROS: You're going to see me living there

3 for a long, long time.

4 GOVERNOR BUSH: No, I'm saying it's right on the

5 ocean, isn't it?

6 MR. QUADROS: Yes.

7 GOVERNOR BUSH: Is this a great country or what?

8 MR. QUADROS: Yes.

9 GOVERNOR BUSH: So you'd be willing to -- I just

10 want to make sure that we don't do something that --

11 you'd be willing to accept a deed restriction? Is this

12 your lawyer next to you? Your friend?

13 MR. QUADROS: Advisor.

14 GOVERNOR BUSH: Advisor.

15 MR. QUADROS: He followed this situation.

16 GOVERNOR BUSH: You're comfortable with the deed

17 restriction?

18 MR. QUADROS: Yes.

19 GOVERNOR BUSH: Okay.

20 MR. QUADROS: Very comfortable.

21 GOVERNOR BUSH: I said it three times, I've heard

22 it three times.

23 TREASURER GALLAGHER: I move the sale with a deed

24 restriction.

25 GOVERNOR BUSH: Very good. There is a motion to

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BOARD OF TRUSTEES, AUGUST 13, 2002 111
1 accept the agenda item --

2 COMMISSIONER BRONSON: Second.

3 GOVERNOR BUSH: -- subject to a deed restriction

4 that remains single family. There is a second. Any

5 other discussion? The item passes. Well, we need to

6 get a vote to make sure we need five votes. All in

7 favor say aye. All opposed. It passes.

8 Thank you, Mr. Quadros. Welcome to Florida.

9 We're happy you're here.

10 MR. STRUHS: I would just like to point out that

11 Mr. Quadros' wife is a former Olympic swimmer and one

12 of the programs that she'll be working on when she

13 becomes a new resident of Miami is a competitive

14 swimming and training program for some of the

15 disadvantaged youth in the Miami area. So we're

16 looking forward to having them as neighbors.

17 GOVERNOR BUSH: Mr. Quadros, are you related to

18 the former president?

19 MR. QUADROS: Yes.

20 GOVERNOR BUSH: Interesting. How is -- sorry

21 for -- I'll ask you afterwards if you can stick around.

22 Item 6.

23 MR. STRUHS: Item 6, I'm going to ask that this

24 item be withdrawn. But I would like to just give you

25 an update as to where we stand with this interesting

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BOARD OF TRUSTEES, AUGUST 13, 2002 112
1 opportunity. We have in place now a three-year pilot

2 management project for this spit of sand off of Anclote

3 Key State Park. And one of the things we've done is

4 we've worked lately with the user groups in this area

5 to develop some measurable and objective management

6 goals for this emerging sandbar. One of the things

7 we've agreed to and I think is a good thing is more

8 frequent annual consultations with these user groups

9 and to commit the Florida Park Service and their

10 employees to work more closely with the visitors to

11 fine-tune some of the outstanding management issues on

12 the sandbar. Special thanks should go to

13 Representatives Heather Furantino and Mike Fasano for

14 helping to facilitate this happy resolution. So with

15 that update, we would move to withdraw Item 6.

16 GOVERNOR BUSH: There is a motion to withdraw and

17 a second. Without objection, the item is withdrawn.

18 Thank you, David.

19

20

21

22

23

24

25

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STATE BOARD OF ADMINISTRATION, AUGUST 13, 2002 113
1 GOVERNOR BUSH: State Board of Administration.

2 Did I miss something? No, we withdrew that. We

3 deferred that, the whole agenda.

4 COMMISSIONER BRONSON: Move the minutes.

5 COMMISSIONER CRIST: Second.

6 GOVERNOR BUSH: Moved and seconded. Without

7 objection, Item 1 is approved.

8 MS. MINOT: Mr. Governor, Mr. Milligan and

9 Mr. Gallagher, I would like to ask for the opportunity

10 to speak when the agenda presents itself on the need

11 for us to actively recruit, to fill the position of the

12 executive director.

13 GOVERNOR BUSH: You'd like to speak on an agenda

14 item?

15 MS. MINOT: Yes.

16 GOVERNOR BUSH: Please sit down. Item 2.

17 MR. STIPANOVICH: Good morning, Governor, members.

18 Request approval of amended minutes from the June 25th,

19 '02 meeting.

20 GOVERNOR BUSH: We did the minutes already.

21 MR. STIPANOVICH: Oh, I'm sorry. Okay. No. 2,

22 approval of fiscal sufficiency of an amount not

23 exceeding $295 million, State of Florida, State Board

24 of Education, public education, capital outlay

25 refunding bonds. It's recommended that you approve

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1 this item.

2 COMPTROLLER MILLIGAN: Move Item 2.

3 TREASURER GALLAGHER: Second.

4 GOVERNOR BUSH: Moved and seconded. Without

5 objection, the item is approved.

6 MR. STIPANOVICH: Item 3, approval of fiscal

7 sufficiency of an amount not exceeding $250 million,

8 State of Florida, State Board of Education, public

9 education outlay bonds. It's recommended this item be

10 approved.

11 TREASURER GALLAGHER: Motion.

12 COMPTROLLER MILLIGAN: Second.

13 GOVERNOR BUSH: Moved and seconded. Without

14 objection, the item is approved.

15 MR. STIPANOVICH: Item No. 4, approval of fiscal

16 sufficiency of an amount not exceeding $200 million,

17 State of Florida, Department of Transportation,

18 right-of-way acquisition and bridge construction bonds.

19 It is recommended that this item be approved.

20 COMPTROLLER MILLIGAN: Move Item 4.

21 TREASURER GALLAGHER: Second.

22 GOVERNOR BUSH: Moved and seconded. Without

23 objection, the item is approved.

24 MR. STIPANOVICH: Item No. 5, approval of fiscal

25 sufficiency of an amount not exceeding 150-, State of

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1 Florida, Department of Environmental Protection,

2 Florida Forever revenue bonds. It's recommended this

3 item be approved.

4 TREASURER GALLAGHER: Motion.

5 COMPTROLLER MILLIGAN: Second.

6 GOVERNOR BUSH: Moved and seconded. Without

7 objection, the item is approved.

8 MR. STIPANOVICH: Item 6, approval of physical

9 sufficiency of an amount not exceeding 60 million,

10 State of Florida, Department of Transportation,

11 right-of-way acquisition and bridge construction

12 refunding bonds. It's recommended this item be

13 approved.

14 COMPTROLLER MILLIGAN: Move Item 6.

15 TREASURER GALLAGHER: Second.

16 GOVERNOR BUSH: Moved and seconded. Without

17 objection, the item is approved.

18 MR. STIPANOVICH: Item No. 7, approval of fiscal

19 determination of amounts not exceeding 7,975,000 tax

20 exempt and 1 million taxable Florida Housing Finance

21 Corporation housing revenue bonds, the Villas at Lake

22 Smart Apartments. It's recommended that this item be

23 approved.

24 TREASURER GALLAGHER: Moved.

25 COMPTROLLER MILLIGAN: And I'll second it and note

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1 that again they are still doing some competitive work

2 over there, appreciate it.

3 GOVERNOR BUSH: Moved and seconded. Without

4 objection, the item is approved.

5 MR. STIPANOVICH: Item No. 8, Governor and

6 members, is a status report which we typically provide

7 on the defined contribution program. I know that you

8 are strapped for time. This is fairly self-explanatory

9 so I'll just summarize by saying that Group 1, all the

10 education materials have been mailed. Group 2, all the

11 education materials have been mailed.

12 Group 1, August 31st deadline will come and go for

13 choice and we will have some idea then, much more so

14 then how the program will look now. We have

15 $35 million that have moved over so far. I think we're

16 up to about 40 something million. We don't know what

17 the outcome is going to be until August 31st. Once we

18 have this first phase completely behind us, we're going

19 to come back to you and give you a more detailed

20 presentation as to how it's proceeding. But things are

21 certainly proceeding on schedule but maybe not as

22 expected.

23 COMPTROLLER MILLIGAN: Have you seen any increase

24 in the movement here since the open enrollment period

25 really started?

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1 MR. STIPANOVICH: We have, General. We expect

2 that may be the case towards the end, as most people

3 have a tendency to do is to wait until the last minute.

4 But I think part of that is due to our efforts where

5 we've got some good advice from the peer pack

6 (phonetic) committee, the investment advisory council,

7 to try to do other things in reaching out. So we've

8 made ongoing efforts and enhanced efforts to reach out.

9 So I think it's a function of both of those things

10 coming together. But we are seeing a little increased

11 enrollment.

12 COMPTROLLER MILLIGAN: I also noted that the

13 investment advisory program is still not yet operative

14 on the -- through the Internet. And it looks like it's

15 going to be fall sometime.

16 MR. STIPANOVICH: That's my understanding.

17 COMPTROLLER MILLIGAN: The financial engines.

18 MR. STIPANOVICH: Yes. I think they are coming in

19 tomorrow night. I know that we're working on some of

20 those issues. I know that worked through some of them

21 already. I know there was that one issue of age where

22 it was difficult to be used. So we are working on that

23 but my understanding is come fall we should pretty much

24 have all the kinks worked out.

25 COMPTROLLER MILLIGAN: But it's still not

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1 available to those who want to use it apparently.

2 MR. STIPANOVICH: General, I'm not clear on that.

3 I'm not sure that's the case --

4 COMPTROLLER MILLIGAN: How about checking that out

5 for me and find out, will you? I've tried to get on

6 there just to see if it's functional and have not had

7 any success and just kind of run into a stone wall on

8 it and maybe it's my ineptitude.

9 MR. STIPANOVICH: I know that it's been up and

10 tests and you can go in there and do some

11 hypotheticals, I believe. But I'm not too sure that

12 until the 31st date comes and goes I'm not exactly sure

13 why there is a delay but I will look into it.

14 COMPTROLLER MILLIGAN: Okay. Thanks.

15 GOVERNOR BUSH: Coleman, given the lower

16 participation rate it's natural -- the volatility of

17 the stock market, mostly volatile downward, during the

18 time that we implemented or are in the process of

19 implementing the defined contribution plan, we're going

20 to have to look at cost structures once we get through

21 this first phase. If the cost structures were based on

22 a significantly higher participation rate and it hasn't

23 been achieved, we're going to have to adjust. And so

24 you need to start thinking about that.

25 COMPTROLLER MILLIGAN: That was built into the

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1 contract though, I believe, Coleman, wasn't it, to

2 accommodate that?

3 MR. STIPANOVICH: Yes, for the most part that's

4 the case. But the problem is on some of these

5 contracts, General, the lower estimates, we never

6 imagined the numbers would be that low. So the costs

7 are higher than what we thought based on kind of some

8 average projected numbers.

9 GOVERNOR BUSH: And the run rate is lower than the

10 start-up. I mean we had a ramp-up cost because of the

11 start-up of this. And my hope is that we can review

12 the going-forward operating cost to administer this

13 program and do it in a way that is reflective of the

14 volume. I mean, you can't -- we're going to have to

15 make some adjustments.

16 MR. STIPANOVICH: Well, we're not only thinking

17 about it, we're talking about it and you can rest

18 assured --

19 COMPTROLLER MILLIGAN: Say again, Tom, I'm sorry,

20 I didn't hear you.

21 TREASURER GALLAGHER: I believe Nebraska had a

22 defined contribution plan because of the cost

23 associated --

24 (Inaudible. Microphone not turned on.)

25 COMPTROLLER MILLIGAN: Well, you know, that's an

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1 interesting discussion point. We've made some promises

2 now to people both in terms of providing a program and,

3 secondly, to really try to do it in an economical way

4 to the parties that do participate.

5 TREASURER GALLAGHER: I didn't advocate that.

6 COMPTROLLER MILLIGAN: No, I think we have to be

7 careful with that. And even giving any thought to it,

8 I think there is a certain obligation. And, in fact,

9 we need to be promoting it. You know, just because we

10 see some reservations now because of the volatility in

11 the market doesn't mean that it is not a good program

12 and an extraordinarily good program for young people

13 that are coming into service with the State and the

14 ability to transport it and so forth. So I think we

15 have to be careful that we don't send the wrong signal

16 here.

17 TREASURER GALLAGHER: Young people have taken

18 advantage of it. If you look at the participation on

19 Schedule 8, you'll see this particular chart, the red

20 dots are participation and the blue lines are the age

21 spread. And so there is a -- the two spectrums of

22 those are new with the state, probably think they're

23 going to be there a long time, taking advantage of it.

24 And those at the other end --

25 (Inaudible. Microphone not turned on.)

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1 COMPTROLLER MILLIGAN: Again, I think it's a

2 superior program that needs to be continued and needs

3 to be enthusiastically promoted and we just need to

4 keep it out there. And I, like the Governor, am

5 concerned about the cost that we are incurring and we

6 certainly need to review that as a result of the

7 participation level. But it should not be viewed as a

8 negative thing but rather --

9 TREASURER GALLAGHER: We have a timing problem.

10 COMPTROLLER MILLIGAN: A little bit of timing.

11 TREASURER GALLAGHER: Had this been two years

12 ago --

13 GOVERNOR BUSH: Two years ago or two years in the

14 future.

15 TREASURER GALLAGHER: This could be one of the

16 best times in the world to switch because you're at the

17 bottom and you got tremendous gains that could happen

18 as opposed to what you're going to get in the end with

19 the --

20 (Inaudible. Microphone not turned on.)

21 GOVERNOR BUSH: Item 9. Any other discussion?

22 I'm sorry.

23 TREASURER GALLAGHER: Move on.

24 MR. STIPANOVICH: The staff of the Florida State

25 Board of Administration would request the approval of

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1 filing three sets of rules for notice. The first set

2 of rules implements requirements of the federal

3 Internal Revenue Service regarding implementation of

4 the defined contribution program. A rule development

5 workshop was scheduled for July 16th but was not held

6 because it was not requested. If the trustees get

7 permission to file for notice, the hearing will be held

8 on September 17th.

9 TREASURER GALLAGHER: Move.

10 COMPTROLLER MILLIGAN: And seconded.

11 GOVERNOR BUSH: Move and seconded. Without

12 objection, the item is approved. That's for all three

13 rules?

14 MR. STIPANOVICH: Yes, sir. And that's Rule

15 19-12.001, Rule 19-12.006, Rule 19-12.007.

16 GOVERNOR BUSH: All right.

17 MR. STIPANOVICH: First of all, it should be noted

18 there was a correction because of a printing error in

19 this rule. And the second rule is 19-11.001 and this

20 rule addresses definitions of penalty assessment and

21 the market loss calculation. A rule development

22 workshop was scheduled for July 16th, '02 but was not

23 held because it was not requested. And if the trustees

24 give permission to file for notice, the rule hearing

25 will be scheduled for September 17th, '02.

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1 COMPTROLLER MILLIGAN: Move 9B.

2 TREASURER GALLAGHER: Was the item that passed for

3 B and C?

4 MR. STIPANOVICH: Yes, sir, it will be Item 9, A,

5 B, and C. Item C, the third set of rules --

6 GOVERNOR BUSH: We've already approved it,

7 Coleman.

8 COMPTROLLER MILLIGAN: Well, he's reading it into

9 the record. Let him do it.

10 GOVERNOR BUSH: Okay. Go ahead and read it.

11 MR. STIPANOVICH: The third set of rules are being

12 amended and relates to asset transfer procedures from

13 DB to DC specifically. It's Rule 19-10.002, Rule

14 19-10.003. A rule development workshop, again, on this

15 one, will be scheduled for July 16th. It was not held

16 because it was not requested. If trustees approve it,

17 it will be held on September 17th, '02.

18 GOVERNOR BUSH: All three -- the agenda item has

19 passed. All three rules have passed unanimously.

20 MR. STIPANOVICH: Item 10. The Florida Hurricane

21 Catastrophe Fund requests approval of filing two sets

22 of rules for notice of proposed rulemaking. The first

23 set of rules relates to the '02, '03 reimbursement

24 contracts and the second set of rules relate to the

25 '02, '03 insurer reporting contracts. These rules were

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1 the subject of emergency rules filed and effective on

2 June 13th, '02. The emergency rules were filed in

3 response to legislation that expanded coverage under

4 the Florida Hurricane Catastrophe Fund to include

5 certain additional living expenses and certain

6 collateral protection policies that the treasurer had

7 addressed.

8 COMPTROLLER MILLIGAN: Move Item 10A and B.

9 TREASURER GALLAGHER: Second.

10 GOVERNOR BUSH: Moved and seconded. Without

11 objection, the item is approved.

12 MR. STIPANOVICH: Item No. 11, executive director

13 of succession and we have someone who has requested to

14 speak that you've allowed.

15 GOVERNOR BUSH: Sure. If you could be as brief as

16 possible we'd be grateful. Please.

17 MS. MINOT: Thank you so much for giving me the

18 opportunity to speak about this most important

19 decision.

20 GOVERNOR BUSH: Can you state for the record who

21 you are?

22 MS. MINOT: Yes. My name is Debbie Minot. I am

23 here as a concerned citizen. I had heard earlier today

24 at this meeting that the opportunity is here for

25 everyone. And it is certainly a conviction that I have

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1 that has brought me to this podium here to speak before

2 you today. I believe in doing what is known as "the

3 right thing to do." And it hasn't gotten me too far in

4 life at this point but I still have that conviction and

5 I'm here today to ask of you to do what is right.

6 The executive director of the Florida State Board

7 of Administration is a very important position because

8 it affects our state employees' livelihoods. The

9 position oversees over $100 billion in assets or

10 investments and is the fourth largest public pension

11 fund in the U.S. In our past, our state leadership saw

12 the need to competitively recruit for this position.

13 However, I was told that this position would not be

14 competitively recruited for, that it was a done deal,

15 that Mr. Stipanovich would be the next executive

16 director of the State Board of Administration. Thus,

17 that Mr. Stipanovich's experience, his skill set, and

18 his two-and-a-half years of State Board of

19 Administration service have made him to be the most

20 qualified person for this position.

21 If this is your belief, you should have nothing,

22 nothing to fear upon making this position open for

23 competition so that others, including women and

24 minorities, have the same right as Mr. Stipanovich to

25 competitively compete in filling this vacancy.

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1 Our state government should open the doors to

2 competitive recruitment and provide equal opportunity

3 in filling positions such as this. According to the

4 Department of Management Services, our state has a dire

5 need to actively recruit women and minorities, given

6 that 70 percent of the positions that are earning

7 $65,000 and above are occupied by men and only

8 30 percent of these positions are occupied by women.

9 Could this disparity be the result of noncompetitive

10 hires such as this? That's what I ask you.

11 Please don't take me wrong here. I am advocating

12 and I support the hire of the most qualified candidate

13 to be the next executive director of the State Board of

14 Administration. But I believe like many others in this

15 great state that equal opportunity is inherent in this

16 great nation and thus should be afforded to all walks

17 of life and that our state government should be

18 transparent in its advocacy and delivery of equal

19 opportunity. And it should be setting the example for

20 other states and for other organizations to follow.

21 I ask that you please reconsider your decision in

22 support of a competitive hire to ensure equal

23 opportunity in our state government. Thank you very

24 much for giving me this time to speak. I appreciate

25 it.

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STATE BOARD OF ADMINISTRATION, AUGUST 13, 2002 127
1 GOVERNOR BUSH: Thank you.

2 TREASURER GALLAGHER: Governor, I want to say that

3 I think this is the time to have an executive director

4 that's not acting and so I would move that Coleman be

5 hired as the executive director of the State Board of

6 Administration and that said, I also believe that all

7 of the executive directors that work for the cabinet,

8 as we shrink as a cabinet, will all be looked at in

9 January so there will be an opportunity then for

10 everyone to look at all the executive directors with

11 the new governor and cabinet and the new State Board of

12 Administration. I know two of us have a pretty good

13 shot of being there and one is retiring.

14 GOVERNOR BUSH: One has a very good shot at being

15 there. One is 20 points down and the other is

16 retiring.

17 (Laughter.)

18 GOVERNOR BUSH: That's a motion?

19 TREASURER GALLAGHER: Motion is to make him

20 director and not acting and again we look at everybody.

21 COMPTROLLER MILLIGAN: Well, as you probably know

22 I've really ruminated over this for some time. But I

23 think that Coleman has demonstrated the capacity to do

24 this job and I will second the motion.

25 GOVERNOR BUSH: Very good. I think, given the

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1 uncertain times and the stock market it's important to

2 have permanency. And I concur with the additional

3 comment that you made, Treasurer, about, you know, at

4 the end of a term or beginning of a new one it should

5 be -- everything should be reviewed again.

6 TREASURER GALLAGHER: All the executive

7 directors -- (Inaudible. Microphone not turned on.)

8 Highway Safety, FDLE, Revenue, the whole thing, I

9 believe every single director should be up for review.

10 GOVERNOR BUSH: Any other discussion? All in

11 favor of -- I guess the motion is that Coleman be named

12 the executive director.

13 TREASURER GALLAGHER: Second.

14 GOVERNOR BUSH: There's been a second. All in

15 favor say aye. All opposed.

16 MR. STIPANOVICH: Governor, if I may comment.

17 I'll be the first to tell you in talking to my

18 predecessor and having been at the board for

19 two-and-a-half years, it has always been clear to the

20 executive directors that we serve at the pleasure of

21 the trustees. My job is at risk every day. You could

22 terminate me tomorrow. I want to thank you and I'm

23 looking forward to moving forward.

24 A lot of good things have been said about my

25 predecessor and his predecessor and Cliff Hinkle and

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STATE BOARD OF ADMINISTRATION, AUGUST 13, 2002 129
1 Ash Williams and they're well-deserved and they were

2 excellent executive directors. I look forward to

3 continuing in that spirit and -- but I want to say that

4 not enough is said about the staff out at State Board

5 of Administration. The senior staff out at the State

6 Board of Administration, the management out at the

7 State Board of Administration, the employees, are

8 absolutely fabulous and they've made a lot of executive

9 directors look mighty good. And they don't get enough

10 credit. So I want to stand here today and recognize

11 that organization in terms of an outstanding

12 organization, a lot of great employees, and I'm honored

13 and privileged to be working with those people and

14 returning to the office to move forward.

15 GOVERNOR BUSH: Thank you.

16 (Whereupon, the proceedings adjourned at 12:00

17 p.m.)

18

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STATE BOARD OF ADMINISTRATION, AUGUST 13, 2002 130
1

2 CERTIFICATE OF REPORTER

3

4 STATE OF FLORIDA )

5 COUNTY OF LEON )

6

7 I, KRISTEN L. BENTLEY, Court Reporter, certify

8 that the foregoing proceedings were taken before me at the

9 time and place therein designated; that my shorthand notes

10 were thereafter translated under my supervision; and the

11 foregoing pages numbered 1 through are a true and

12 correct record of the aforesaid proceedings.

13

14 I further certify that I am not a relative,

15 employee, attorney or counsel of any of the parties, nor am

16 I a relative or employee of any of the parties' attorney or

17 counsel connected with the action, nor am I financially

18 interested in the action.

19 DATED this L DATE day of

20 L MONTH , 2002.

21 ______________________________

22 KRISTEN L. BENTLEY, Court Reporter
Notary Public
23 850-878-2221

24

25

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