In consideration of the current health and safety concerns amid the COVID-19 emergency, the workshop will be held virtually.  It will be live streamed through YouTube and run on Spectrum Channel 496. The meeting will begin at 2:00 p.m.

May 12, 2020 Policy Work Session

The School Board of Brevard County held a virtual policies work session on Tuesday, May 12, 2020.   Notice of the meeting was published in the Thursday, April 30, 2020 edition of the Eagle as well as Thursday, April 9, 2020.  An affidavit of publishing is available in the Board office.  

Opening Exercises
1. Opening Exercises

Chairman Belford called the meeting to order at: 2:04 p.m.

Roll Call
2. Roll Call

Members Present Virtually:  Misty Belford, Cheryl McDougall, Tina Descovich. Matt Susin and Katye Campbell

Staff Present Virtually: Russell Cheatham, Assistant Superintendent of Information Technology; Paul Gibbs, General Counsel; Sue Hann, Assistant Superintendent of Facilities Services; Chris Moore, Assistant Superintendent of Student Services; Mark Mullins, Superintendent; Robin Novelli, Chief Operations Officer; Stephanie Soliven, Assistant Superintendent of Secondary Leading and Learning, Major Brandon Lanza, Director, District and School Security and Lieutenant Brian Neal.


Pledge of Allegiance
3. Pledge of Allegiance
Order of Business
Policy Work Session
4. Board Policy 5771 Search and Seizure
5771 Exe. Summ. Current NEOLA Redline and Clean (5-12-20).pdf

Mr. Novelli provided an overview of the policy revisions and opened it up for questions. 

Ms. Descovich has three concerns: 

  1. The parent is never mentioned anywhere in the policy and urged parental notification to be added.

    • To this point, it was agreed to add a statement to include that a reasonable attempt to notify the parent was made post search and documentation of attempts will be noted.  2) She asked about adding a paragraph allowing detection devices such as wands. 3) Reasonable suspicion need to be spelled out as it is not clear and/or specific. 

  2. Add a paragraph allowing detection devices such as wands.

    • Lieutenant Neal explained this was already addressed in Administrative Procedure 7740B

  3. Reasonable suspicion needs to be spelled out as it is not clear and/or specific.  Ms. Descovich shared a document from Orange County Public Schools which she felt outlined it very well.  

    • Discussion ensued and Dr. Soliven said she felt the best location for this information is in the Code of Student Conduct and Board members concurred.

Ms. McDougall had the following questions

  1. In Section E, it includes something about "advance notice to search lockers" and wanted to know if we indeed provide advance warning

    • Mr. Novelli clarified that it is standard for schools to always have this information posted in locker area.

  2. Do we automatically assume students are guilty if they refuse to be searched?

    • Ms. Moore clarified that an investigation is performed and if the preponderance of the evidence points to the student being in possession, they move forward in that way.

  3. Does the term "vehicles" include everything that moves with wheels?

    • Mr. Novelli responded yes. 

Mr. Susin commented on the following:

  1. He asked where the blood alcohol piece came from as it is not part of NEOLA and not in the original policy.

    • Mr. Gibbs said that he did not have an issue with this and it was sent to NEOLA for review and they had no issues.

    • Mr. Gibbs said he did not have an issue with this being in the policy and it was sent to NEOLA and they had no issue. Principal or the designee would make the arrangements with the SRO or someone from law enforcement to administer the test.

Ms. Belford asked for clarification and correction of the following:

  1. In Item B, regarding the search/inspection of lockers...

    • Mr. Novelli stated that this is a standard practice to check every locker in the summer in readiness for the next school year.

  2. There is a typo in letter C, fifth line down.

    • Mr. Novelli made note and will correct. 

  3. In Item E  it  states the administration is permitted to conduct a random search of any student's locker.  Is the difference between random and reasonable because it is in lockers?

    • Mr. Novelli said this is correct and this portion of the policy would also apply to the use of canines. 

  4. It is unclear if consent is required or not required in Item H. 

    • Lieutenant Neal clarified that when you have reasonable suspicion at the school level  consent is not needed. Absent reasonable suspicion, you obviously need consent.

    • Ms. Moore read a subsection from the attorney general's search and seizure manual, and  they took that to mean you had to ask for consent.  if the student refuses and there is probable cause, they could go ahead and search. However, that doesn't mean that if there was probable cause, they couldn't go ahead and search if there is no consent.

    • Mr. Novelli will provide some clarity in C and H to indicate that consent is asked for first and if not given, may proceed with if there is reasonable suspicion.


5. Board Policy 7440.01 Protection of Personnel and Property
7440.01 Ex. Summ, Current, NEOLA, Redline and Clean (5-11-20).pdf

After Mr. Novelli provided the details of the revisions to this policy, Mr. Susin asked if we allowed surveillance in the classrooms or just common areas.  Mr. Novelli stated that it was in general areas; not the classrooms. 

Ms. Campbell asked about  F and G regarding FERPA rights and videos videos.  Mr. Gibbs stated that parents can view relevant portions of the video.  However, a copy is never given without a subpoena.

Ms. Belford had concerns about K and asked who would have the time to track all of the information.  Mr. Novelli said it was part of NEOLA, but he would be ok with removing it.  Ms. Moore interjected that she felt it should be left in.  Board consensus was to leave it.


6. Board Policy 8406 Report of Suspicious Activity and Potential Threats to Schools, Facilities, Students, and Employees
8406 Exe. Summ., Current, NEOLA, Redline and Clean (5-11-20).pdf

Mr. Novelli provided the details of the executive summary.  Ms. Descovich had concerns over the specificity of the policy listing names and telephone numbers.  Ms. Belford clarified with Mr. Gibbs, that changes to names and phone numbers would be technical changes not requiring it to go back through the policy revision process.

7. Board Policy 8410 Crisis Event Intervention and Response
8410 Exe. Summ, Current, NEOLA, Redline and Clean (5-11-20).pdf

Mr. Novelli provided the summary of revisions.  Ms. McDougall asked about social workers being added in addition to counselors. It was agreed that it will read school counselor/social worker.

8. Board Policy 8410.01 Critical Incident Response
8410.01 Exe. Summ., Current, NEOLA, Redline and Clean (5-11-20).pdf

Mr. Novelli provided the executive summary. Board members had no questions or comments.

9. Board Policy 8420 Emergency Evacuations of Schools
8420 Exe. Summ., Current, NEOLA, Redline and Clean (5-11-20).pdf

Mr. Novelli pointed out something he found today. When the original document was being revised, they understood there was a bill going through in Tallahassee being recommended by the Marjorie Stoneman Douglas Commission that was going to change the number of drills for the 20-21 school year. Consequently, they had left out a phrase in paragraph J fully anticipating that bill to have gone through.  The bill did not pass so we will keep the same language that we had for last year "as least as often as other emergency drills." Mr. Gibbs agrees and the current statute says that the drills should be age appropriate and Ms. Moore will work with Mr. Novelli and District and School Security to make that happen.

Ms.Campbell asked for a correction in 3(C) and make it match the other lists to begin with a noun instead of a verb.

Closing Remarks
10. Closing Remarks/Direction
11. Adjournment

Chairman Belford adjourned the work session at 3:10 p.m.

For further details regarding this meeting, you may find the video here.

Agenda Plus