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04-20-2023 DSAHS Governing Board Meeting Agenda DOLT SOFFER AVENTURA HIGH SCHOOL GOVERNING BOARD e DON SOFFER ;AVENTURA HIC; HSCH001 REGULAR MEETING AGENDA April 20, 2023 Following 9:00 a.m. ACES Governing Board Meeting Aventura Government Center 19200 W. Country Club Drive - Aventura, FL 33180 51h Floor Executive Conference Room Governing Board AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL(DSAHS) Mayor Howard S. Weinberg, Esq. Vice Mayor Billy Joel Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson — Governing Board Facilitator City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Don Soffer Aventura High School Governing Board Meeting Agenda April 20, 2023 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL(DSAHS): 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES (January 19, 2023 Regular Meeting) 4. ORDINANCE — FIRST READING/PUBLIC INPUT: AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2023/2024 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. APPROVAL OF 2023-2024 SCHOOL CALENDAR 6. APPROVAL OF 2023-2024 GOVERNING BOARD MEETING SCHEDULE 7. REVIEW AND APPROVAL OF PARENTAL RIGHTS IN EDUCATION POLICY (HB 1557) AND THE FLORIDA DEPARTMENT OF EDUCATION RULE REGARDING SPECIAL MAGISTRATE FOR UNRESOLVED STUDENT WELFARE COMPLAINTS AT CHARTER SCHOOLS (RULE 6A-6.0791 FAC) 8. SCHOOL UPDATES — DSAHS PRINCIPAL DR. GEOFF MCKEE 9. OTHER BUSINESS 10. PUBLIC COMMENT 11. ADJOURNMENT. This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk(&,cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission,acting in its capacity as the Don Soffer Aventura High School (DSAHS) Governing Board,with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305) 466-8901 or cityclerkCa),cityofaventura.com. Page 1 of 1 - -- DON SOFFER AVENTURA G $ HIr- N RH00111 DON SOFFER AVENTURA HIGH SCHOOL GOVERNING BOARD REGULAR MEETING MINUTES JANUARY 19, 2023 Following ACES Governing Board Meeting Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 City Commission acting in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS): 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Howard Weinberg at 11 .53 a.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks', Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Also present were DSAHS Principal Dr. Geoff McKee, Rachel Windler-Freitag - South Florida Deputy Director Charter Schools USA, and Rita Weaver - Director of Board Governance - Charter Schools USA. As a quorum was determined to be present, the meeting commenced. 2. APPROVAL OF MINUTES: A motion for approval of the September 22, 2022 regular meeting minutes was offered by Commissioner Friedland, seconded by Vice Mayor Joel, and passed unanimously by roll call vote. 3. APPROVAL OF OUT-OF-FIELD WAIVERS: Principal Dr. McKee reviewed the memo request for out-of-field waivers dated January 11 , 2023 for four teachers for the following subjects as outlined: Secondary Mathematics, Social Studies or Business Education, and Chemistry. He also noted the goal to have everyone certified. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Kruss. The City Commission discussed those needing to be certified. No public comments were provided. The motion passed unanimously by roll call vote. 4. REVIEW OF 2022-2023 FALL SURVEY RESULTS: Principal Dr. McKee, accompanied by Ms. Weaver, reviewed the CSUSA Fall 2022-2023 Staff, Parent and 1 Left the meeting at 1:12 p.m. following Item 9. Don Soffer Aventura High School (DSAHS) Governing Board Regular Meeting Minutes January 19, 2023 Student Stakeholder Satisfaction Surveys, including the students in all grades as requested by the Board. No public comments were provided. 5. APPROVAL OF REFERENDUM SETTLEMENT DISTRIBUTION PLAN: Mr. Wasson provided information on the background for the item and reviewed the distribution plan for teachers/instructional personnel and safety/security personnel at the school as outlined in the agenda. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Stern for the plan as provided (two payments and the requirement to be employed by the school at the time of payment). The City Commission discussed the following items: different payment options, legal fees paid by the City, total cost to the City, June deadline for approval, and the need for a year- end budget amendment. Melissa Cruz, Finance Director, provided clarification on the estimated payout by school and year as it corresponds to the number of employees as the amounts had been placed in the wrong columns. The following members of the public provided comments: Enid Weisman (3802 NE 207 Street, Aventura) and Diane Gleit (3148 NE 212t" Street, Aventura). The motion failed (2-5) by roll call vote, with Commissioner Bloom and Commissioner Stern voting yes; and Mayor Weinberg, Vice Mayor Joel, Commissioner Friedland, Commissioner Kruss, and Commissioner Dr. Marks voting no. A motion for approval was offered by Commissioner Dr. Marks and seconded by Vice Mayor Joel to provide the full payment now, with a letter explaining the hard work done by the Commission to obtain the funds, and to also provide financial planning education. The City Commission discussed the item. The motion failed (2-5) by roll call vote, with Vice Mayor Joel and Commissioner Dr. Marks voting yes; and Mayor Weinberg, Commissioner Bloom, Commissioner Friedland, Commissioner Kruss, and Commissioner Stern voting no. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Stern to provide two payments (one now and one at the end of the school year), with a letter explaining the payment plan as well as the hard work done by the Commission to obtain the funds, and to also provide financial planning education The City Commission discussed the item. No public comments were provided. Page 2 of 5 Don Soffer Aventura High School (DSAHS) Governing Board Regular Meeting Minutes January 19, 2023 The motion passed unanimously by roll call vote. 6. APPROVAL OF PROPOSED A+ SCHOOL RECOGNITION FUNDS SPENDING PLAN: Principal Dr. McKee provided information on the item and reviewed the distribution plan as outlined in the agenda and approved by the faculty. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Bloom. No public comments were provided. The motion passed unanimously by roll call vote. 7. APPROVAL OF 2022-2023 INSTRUCTIONAL PERSONNEL EVALUATION SYSTEM PLAN: Ms. Windier-Freitag explained the item and updates that were in line with the state statute. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Kruss. No public comments were provided. The motion passed unanimously by roll call vote. 8. APPROVAL OF 2022-2023 SCHOOL ADMINISTRATOR EVALUATION SYSTEM PLAN: Ms. Windier-Freitag explained the item. A motion for approval was offered by Commissioner Bloom and seconded by Commissioner Stern. No public comments were provided. The motion passed unanimously by roll call vote. 9. SCHOOL UPDATES — DSAHS PRINCIPAL DR. GEOFF MCKEE: Principal Dr. McKee provided updates including the following: field improvements, school sports, testing, and field trip scheduled to hear from Holocaust survivor at the ATJC. The City Commission provided input and discussed the following items: school work and the importance of communication to parents, etc. No public comments were provided. 10. OTHER BUSINESS: This was moved to follow Public Comment. 11. PUBLIC COMMENT: The following members of the public provided comments: Page 3 of 5 Don Soffer Aventura High School (DSAHS) Governing Board Regular Meeting Minutes January 19, 2023 Alison Filippazzo (21244 Harbor Way #217, Aventura), Dana Nuchamovitz (3284 NE 211t" Terr, Aventura), Gerri Smith (20765 NE 37t" Place, Aventura), and Gimol Bentes (19900 E. Country Club Drive, Aventura). OTHER BUSINESS: The following additional items were discussed: Extending Grace Period for One Year for Algebra 1 Requirement: In response to comments received from the public, the Commission discussed extending the grace period requiring Algebra 1 as a requirement to enter the high school, to allow students to catch up as a result of the COVID-19 pandemic. A motion for approval was offered by Commissioner Bloom and seconded by Commissioner Friedland to extend the grace period for one more year for the Algebra 1 requirement to enter the high school. Ms. Windler-Freitag, Ms. Weaver, Principal Dr. Tyrkala, and Principal Dr. McKee provided comments. The City Commission discussed the item including the following: addressing the policy, extending the grace period, the rigorous program, the effects of COVID-19 on students, and the lack of communication that Algebra 1 was required to attend the high school. The following members of the public provided comments: Enid Weisman (3802 NE 207 Street, Aventura). The motion passed unanimously by roll call vote. OTHER BUSINESS: The Commission discussed a request to allow high school student leaders to report at governing board meetings. Ms. Weaver discussed the Don Soffer Aventura High School Advisory Board meetings. It was the consensus of the Commission for the student leaders to attend the Advisory Board meetings or meet with Mr. Wasson with any concerns. The Commission discussed the medical excuse policy at the school. Principal Dr. McKee and Ms. Weaver reviewed the policy, which is part of the handbook. This item will be placed on the next agenda for discussion. Ms. Weaver noted that parents contacting members of the City Commission should be directed to Ms. Windier-Freitag or Mr. Wasson with any issues regarding the school. 12. ADJOURNMENT: There being no further business to come before the Commission as the Governing Board, a motion to adjourn was offered by Commissioner Bloom, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 2:35 p.m. Page 4 of 5 Don Soffer Aventura High School (DSAHS) Governing Board Regular Meeting Minutes January 19, 2023 Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission, acting in its capacity as the Governing Board for DSAHS, on April 20, 2023. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission, acting in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS) FROM: Ronald J. Wasson, City Manager 0, BY: Melissa Cruz, Finance Director DATE: April 14, 2023 SUBJECT: Ordinance Adopting 2023/2024 Don Soffer Aventura High School Budget April 20, 2023 DSAHS Governing Board Meeting Agenda (First Reading) May 18, 2023 DSAHS Governing Board Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board for the DSAHS, approve the attached Ordinance adopting the 2023/2024 Don Soffer Aventura High School Budget. The document will be reviewed in detail at the April 20, 2023 DSAHS Governing Board Meeting. If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2023/2024 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2023/2024 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2023- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2023 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2023/2024 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of Page 2 of 4 City of Aventura Ordinance No. 2023- the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2023- PASSED on first reading this 20t" day of April, 2023. PASSED AND ADOPTED on second reading this 18t" day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 City of Aventura 0 Don Soffer Aventura High School Fund Budget Fiscal Year 2023/2024 As D -j G O �2 �o Rq HIGN CHARTER SCHOOLS, A City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 ootA SOF,��R � J 0 vo, �v �q H�Glr'► City Commission/Governing Board Mayor Howard S.Weingberg, ESQ. Vice Mayor Billy Joel Commissioner Amit Bloom Commissioner Rachel Friedland Commissioner Paul A.Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J.Wasson Principal Dr.Geoff McKee Planning/Management Services Provided by: Charter Schools USA SON SOFF�� D � G O vo, �O Rq HIGN This page has intentionally been left blank City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 Table of Contents Charter Schools USA's Budget Message................................................................................................................i-iv Comparative Personnel Allocation Summary.......................................................................................................iii Full-Time Staff Comparison Chart..............................................................................................................................iii Introduction..................................................................................................................................................................1-3 Mission Statement,Vision Statement,and Commitment Statement....................................................2 Organization and Operations................................................................................................................................3 FundDescription&Summary...........................................................................................................................5-6 Revenue Projection&Rationale......................................................................................................................7-9 Budgetary Account Summary by Expenditure Function...........................................................11-14 DSAHS Instructional Pay-for-Performance Pay Plan................................................................... 15-17 AdoptingOrdinance........................................................................................................................................... 19-23 10ON soFFF� G O Rq HIGH This page has intentionally been left blank MEMORANDUM TO: City Commission/Governing Board Ronald J. Wasson, City Manager FROM: Dr. Geoff McKee, Principal, Don Soffer Aventura High School Ayanna Jeffrey, Sr. Accounting Analyst, Charter Schools USA DATE: April 14, 2023 SUBJECT: Proposed 2023/2024 Don Soffer Aventura High School Budget Attached is the proposed 2023/2024 Don Soffer Aventura High School ("DSAHS") Fund Budget (Fund 191) which will be effective from July 1, 2023—June 30, 2024. This represents DSAHS' 5t" full year of operations. The budget was designed to meet the educational requirements that accommodate 9t" through 12t" grade students, while continuing to employ staff that possess the leadership qualities that will help DSAHS achieve full enrollment over the next year. Budget Implications Resulting from the Coronavirus ("COVID-19") Pandemic For the last three years, COVID-19 has caused major disruption in international and U.S. economies and markets. School operations have returned to a "traditional" environment; however, the pandemic had a significant impact on learning worldwide. In response to this, the US Department of Education awarded funding to states and school districts through the Elementary and Secondary School Emergency Relief(ESSER) Fund to help schools address the negative impact caused by the pandemic. The School continues to utilize this funding to pay for additional teachers and staff to ensure students have the resources necessary. ESSER grant related revenue and expenditures are included in the FY 2023/24 budget. The budget was prepared in a collaborative effort by CSUSA, including their Sr. Accounting Analyst, staff members from several different divisions, and the DSAHS Principal. In addition, the budget has also been reviewed by the City Manager and the Finance Director. The budget will appear on first and second reading on April 20t" and May 18t", 2023, respectively. i The following are the major highlights of the 2023/2024 budget: • The school budget is based on a projected enrollment of 800 9th, loth, llth and 12th grade students. This is the school's second year of full enrollment. • No City subsidy is budgeted for the FY2023-2024 year. • Includes 62 full-time equivalent employees at a projected cost of $5,640,094 and is summarized by class and category below: 2022/23 2023/24 Job Class Category Actual Proposed Change Administrative Staff Full-time 13.0 13.0 Part-time - - Su btotal 13.0 13.0 - Instructional Staff Full-time 47.0 49.0 2.0 Part-time - - - Su btotal 47.0 49.0 2.0 Total Employees 60.0 62.0 2.0 • Vendor Services includes contracted pupil transportation for two (2) buses to transport students that live two (2) miles or more from the School at a cost of $172,552. • In order to continue enhancing the instructional experience designed to prepare the students for the future, $233,661 has been budgeted for textbooks, reference books and instructional licenses under Instructional Expenditures. Capital expenditures of $112,500 is budgeted for costs associated with Computer hardware, IT Infrastructure and FF&E (i.e. Classroom Furniture). Compensation for Personnel Services Total Compensation for Personnel Services is budgeted at $5,640,094 or 64.1% of the total budget or 61.8% of total operating revenue. This category includes 62 full-time equivalent employees, including 13 administrative staff positions and 49 instructional staff positions as is detailed below. In order to maintain, attract, and retain highly qualified teachers, salaries for this category reflect the school's proposed Pay Plan and stipends of $700,000 as a result of the Miami-Dade County Referendum. All employees are under contract with CSUSA. ii Don Soffer Aventura High School Comparative Personnel Allocation Summary 3 - Year Presentation 2021/22 2022/23 2023/24 Actual Actual Proposed Full- Part- Full- Part- Full- Part- Job Class Time Time Total Time Time Total Time Time Total Administrative Staff Principal 1.0 - 1.0 1.0 - 1.0 1.0 1.0 Assistant Principal 1.0 - 1.0 2.0 - 2.0 2.0 2.0 Dean of Student Affairs - - - - - - - - - School Operations Admnistrator 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Office Manager - - - 1.0 - 1.0 1.0 - 1.0 Admnistrative Assistant 1.0 0.5 1.5 1.0 - 1.0 1.0 - 1.0 Receptionist 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Enrollment Management 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Guidance Counselor 1.0 - 1.0 3.0 - 3.0 3.0 - 3.0 CAPAdvisor 1.0 - 1.0 - - - - - - IT Support 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Nurse 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Subtotal 10.0 0.5 10.5 13.0 - 13.0 13.0 - 13.0 Instructional Staff Teachers (9-12) 33.0 - 33.0 42.0 - 42.0 44.0 - 44.0 ESE/Special Education Teachers 2.0 - 2.0 3.0 - 3.0 3.0 - 3.0 Curriculum Resource Teacher 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Athletic Director 1.0 - 1.0 1.0 - 1.0 1.0 - 1.0 Su btotal 37.0 - 1 37.0 47.0 - 47.0 49.0 - 49.0 Total 47.0 0.5 1 47.5 60.0 - 60.0 62.0 - 62.0 Full-Time Staff Comparison 70.0 60.0 50.0 40.0 30.0 20.0 10.0 202V22-Actual 2022/23-Actual 2023/24-Proposed III The total proposed budget for 2023/2024, is $8,794,645 and is broken down into the following categories: Category Amount % Compensation $ 5,640,094 64.1% Professional Services 647,720 7.4% Vendor Services 991,055 11.3% Administrative Expenditures 44,081 0.5% Instructional Expenditures 772,020 8.8% Other Operating Expenditures 502,416 5.7% Fixed Expenditures 84,759 1.0% Capital Outlay 112,500 1.3% Total $ 8,794,645 100.0% Expenditures by Category Instructional Other Operating Expenditures Expenditures rr Fixed Expenditures 5,7% 1.0% Capital Outlay 8,8% 1,3% Administrative Expenditures -� 0,5% Vendor Services 11,3% Professional Services* Cam pensatio n 7,4% 64,1% Summary I am pleased to submit the detailed budget contained within this document and its related funding levels representing the City's continued commitment to support the Mission and Vision for Don Soffer Aventura High School as outlined on page 2. The City Commission, acting in its capacity as the Don Soffer Aventura High School Governing Board will meet during a Governing Board Meeting on April 20, 2023 to review the proposed budget document in detail. Please refer any questions relating to the enclosed budget to the City Manager's attention. Respectfully submitted, Dr. Geoff McKee Ayinna Jeffrey Principal, Don Soffer Aventura High School Sr. Accounting Analyst, CSUSA iv City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 o°N soFFF� J G O c2 �o RA H►GN Introduction 1 City of Aventura Don Soffer Aventura High School aG � 4 m��GRq H I GN yG�o Mission Statement Don Soffer Aventura High School will provide a rigorous, college preparatory curriculum for the community that ensures each student develops their individual academic talents and leadership skills to become well-rounded citizens primed for excellence. Vision Statement Don Soffer Aventura High School will continually adopt innovative instructional methods and technology designed for the digital native learning styles of the 21St century students.The School will revolutionize instruction and be recognized as a pioneer in modern high school education. Commitment Statement At Don Soffer Aventura High School, students will be empowered to discover their passion, choose their path and define their future. 2 City of Aventura Don Soffer Aventura High School ooN SOF_ 10 �/ O 2rG9q HtG�`'4s Organization and Operations The School is a special revenue fund found within the City's financial statements.The School commenced operations in the City in August 2019 and for the 2023/2024 school year will offer classes for 91h through 12th grades with a projected enrollment of 800 students.The School is funded by public funds based on enrollment and may be eligible for grants in accordance with state and federal guidelines,including food service and capital outlay. The School can accept private donations and the City can incur debt for its operations. Reporting Entity The School operates under a charter granted by the sponsoring school district, the Miami-Dade County Public School District(the"District").The current charter is effective until June 30,2034 but provides for a renewal of up to 15 years by mutual agreement of both parties. In August 2019,the School opened its doors to 200 91h graders. In August 2020, the School expanded its enrollment to 415 students to include 101h grade.In August 2021,the school expanded its enrollment to 620 to include 11th grade and in August 2022, expanded its enrollment to 800 to include 12th grade with approximately 200 students for each grade level. The School is owned by the City and is operated through a management agreement as described below. The School is part of the City's government and is not a separate legal entity or otherwise organized apart from the City.The City was incorporated in November 1995 and operates under a Commission-Manager form of government. Management Agreement The City previously entered into a management agreement with Charter Schools USA, Inc. ("CSUSA") to provide those services necessary to organize, manage, staff, operate and maintain the School. The agreement expires on June 30,2024,with a five-year renewal option by mutual agreement of both parties and provided that the District extends the charter granted to the City.Total management fees projected to be paid to the management company for fiscal year 2023/2024 are$375,696.The other expenditures that are reimbursed to CSUSA from the City relate to teachers'salaries,benefits and all related operational costs. 3 SON soF���4 D � G O vo, �O Rq HIGN This page has intentionally been left blank 4 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 OOVA SOFT T D j .� 0 li,Qq MOW- 5 HIG� Fund Description Summary 5 • I Don Soffer Aventura High School Fund -191 Fiscal Year 2023/2024(July 1 -June 30) Budget Category Summary Fund Description This fund accounts for operating and capital revenues and expenditures associated with the Don Soffer Aventura High School. In accordance with their Management Agreement with the City, Charter Schools USA, is responsible for the School's budgetary, accounting,auditing and financial reporting functions. 2022/23 2022/23 2023/24 2021/22 Adopted Projected Proposed FCaegory Actual Budget Forecast Budget Revenue Projections Operating Revenue $ 6,208,609 $ 8,451,973 $ 8,907,952 $ 9,131,109 City Subsidy(Advance from the City's General Fund) 2,536,423 - - - Total Revenues $ 8,745,032 $ 8,451,973 $ 8,907,952 $ 9,131,109 Expenditures Operating Expenditures $ 6,110,146 $ 7,826,666 $ 7,912,096 $ 8,682,145 Capital Expenditures 642,613 306,845 346,855 112,500 CSUSA Subsidy to offset Professional Services - - - - Total Expenditures $ 6,752,759 $ 8,133,511 $ 8,258,950 $ 8,794,645 Revenues over/(under) Expenditures $ 1,992,273 $ 318,462 $ 649,002 $ 336,464 6 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 OOVA SOFT T D J .� 0 li,Qq MOW- 5 HIG� Revenue Projection Rationale 7 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget Total Number of Students 637 800 805 800 Forecasted Average FTE per Student $ 7,134.46 $ 7,445.52 $ 7,388.44 $ 7,388.44 REVENUE: Operating Revenue FTE $ 4,541,084 $ 5,956,418 $ 5,944,001 $ 5,910,752 Capital Outlay 335,418 410,894 424,945 422,784 NSLP Revenue 246,244 33,935 68,414 68,124 Food Services 26,248 282,203 90,879 90,378 City's Intersection Safety Camera Program* - 150,000 150,000 - Grants 277,661 735,309 908,669 675,817 Miscellaneous Revenue 163,481 - - - Internal Funds Revenue**** - 33,214 - 63,255 Other Program Revenue: AP/AICE 618,473 850,000 850,000 1,200,000 Refrendum Stipends - - 471,044 700,000 Total Operating Revenue $ 6,208,609 $ 8,451,973 $ 8,907,952 $ 9,131,109 Other Non-Revenue City Subsidy* Advance from the City's General Fund $ 2,536,423 $ - $ - $ - Total Revenues $ 8,745,032 $ 8,451,973 $ 8,907,952 $ 9,131,109 The remainder of this page has intentionally been left blank 8 Revenue Projection Rationale Fiscal Year 2023/2024 Revenues The total revenues available for allocation in the 2023/2024 proposed budget are anticipated to be $9,131,109.This is a net increase of$679,137 or 8.0%compared to the prior year's budget primarily due to the Miami-Dade County referendum funds which are included in the Other Program Revenue - Referendum Stipends and will be used for security personnel and teacher stipends. Operating Revenue FTE-totals$5,910,752 and is based on an average of$7,388.44/student.This revenue category includes the transportation reimbursement component. This revenue category is anticipated to decrease by $45,666 or 0.8% in comparison to the prior years adopted budget.- This line has been budgeted conservatively,using the same average FTE per student as the current fiscal year projection with a total of 800 students,which is five (5) less students projected in enrollment. Capital Outlay-totals$422,784 and is projected to remain relatively level in comparison to the adopted budget and year-end forecast at$528.48/student. NSLP Revenue - totals $68,124 and represents an estimate for reimbursement by the National School Lunch Program ("NSLP") for low-cost or free meals that are provided to students who qualify for the federally assisted meal program.This revenue category is projected based on currentyear reimbursement rates and assumes consistent eligibility year-over-year in the student population. Food Services-totals$90,378 and represents an estimate for un-subsidized meals purchased by students. This revenue category decreased year-over-year in line with enrollment on a per capita basis using the current year student participation rate. Transfers In from the City's General Fund-has decreased by$150,000 when compared with the prior year's budget amount.The City removed the transfer as the high school projected to finish the current and next fiscal year in a surplus well above the$150,000 transfer amount from the City's General Fund for revenues generated from the City's Intersection Safety Camera Program. Grants-The current anticipated impact from Grant Funding provided by Federal and State governments in response to the COVID-19 pandemic is included in the 2023/2024 proposed operating budget. This grant funding totals$675,817 and will cover personnel costs.Approximately ten(10)headcount positions will be funded through ESSERS III. Other Program Revenue - totals $1,900,000 consisting of$1,200,000 in additional FTE Revenue that is expected be awarded to the DSAHS from students passing the Cambridge and Advanced Placement Exams and $700,000 in Miami-Dade County Referendum revenue that will be used for security personnel and teacher stipends. Other Non-Revenue City Subsidy**(Advance from the City's General Fund)-the 2023/2024 budget assumes no City subsidy. 9 SON soF���4 D � G O vo, �O Rq HIGN This page has intentionally been left blank 10 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 OOVA SOFT T D j .� 0 li,Qq MOW- 5 HIG� Budgetary Account Summary by Expenditure Function 11 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget EXPENDITURES Administrative Staff Principal 1.0 1.0 1.0 1.0 Assistant Principal 1.0 2.0 2.0 2.0 Dean of Student Affairs 1.0 - - School Operations Administrator 1.0 1.0 1.0 1.0 Office Manager 1.0 1.0 1.0 Administrative Assistant 1.5 2.0 1.0 1.0 Receptionist 1.0 1.0 1.0 1.0 Enrollment Management 1.0 1.0 1.0 1.0 Guidance Counselor 1.0 3.0 3.0 3.0 CAP Advisor 1.0 1.0 - - IT Support 1.0 1.0 1.0 1.0 Nurse 1.0 1.0 1.0 1.0 Subtotal Administrative Staff 10.5 $ 716,812 16.0 $ 1,027,895 13.0 $ 814,906 13.0 $ 839,432 Instructional Staff Teachers(9-12) 33.0 42.0 42.0 44.0 ESE/Special Education Teachers 2.0 3.0 3.0 3.0 Curriculum Resource Teacher 1.0 1.0 1.0 1.0 Athletic Director 1.0 1.0 1.0 1.0 Subtotal Instructional Staff 37.0 $ 2,145,991 47.0 $ 2,810,808 47.0 $ 2,759,059 49.0 $ 3,174,148 Tutoring $ 25,000 $ 76,862 $ 76,862 $ 76,862 Bonuses 49,732 159,681 175,464 91,954 Stipends 219,043 307,000 525,537 690,737 Benefits 246,835 345,329 275,260 325,783 Workers' Compensation 13,578 21,648 16,213 18,107 Payroll Taxes 237,795 340,110 391,258 423,072 Subtotal $ 791,983 $ 1,250,630 $ 1,460,593 $ 1,626,514 Total Compensation 47.5 $ 3,654,786 63.0 $ 5,089,333 60.0 $ 5,034,559 62.0 $ 5,640,094 12 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget-Continued AMA Professional Services Management Fee $ 279,000 $ 375,696 $ 375,696 $ 375,696 Finance&Accounting Services*** 54,381 - - - Personnel Management(Payroll&HR Services)*** 163,141 - - - Legal Fees 11,582 17,369 11,582 11,582 Fee to County Board 87,695 93,069 92,355 92,292 Outside Staff Development 28,925 28,925 28,925 28,925 Accounting Services-Audit 11,750 11,750 11,850 11,850 Professional Fees-Other 16,886 16,886 6,510 7,155 Computer Services Fees 71,288 100,000 100,563 100,000 Advertising/Marketing Expenditure 24,750 15,000 15,000 20,221 Subtotal Professional Services $ 749,398 $ 658,695 $ 642,481 $ 647,720 Vendor Services Contracted Pupil Transportation $ 116,506 $ 159,127 $ 133,803 $ 172,552 Contracted Mental Health 24,267 24,267 80,157 80,157 Extra-Curricular Activity Events&Transportation 79,507 155,000 155,000 155,000 Contracted Food Services 161,557 209,548 141,823 141,180 Drug Testing Fees 30 31 245 245 Licenses&Permits 1,544 2,012 2,012 2,012 Contracted Custodial Services 169,257 191,827 191,827 257,081 Contracted Security 13,515 3,248 152,232 182,828 Subtotal Vendor Services ' $ 566,183 $ 745,060 $ 857,099 $ 991,055 Administration Expenditures Travel $ 7,020 $ 7,020 $ 7,736 $ 7,736 Meals 381 381 818 818 Lodging 3,293 3,293 3,832 3,832 Business Expenditure-Other 153 153 153 153 Dues&Subscriptions 2,861 3,346 4,379 4,379 Printing 2,840 2,909 8,810 8,810 Office Supplies 10,175 15,435 15,435 15,744 _ Medical Supplies 2,610 2,610 2,610 2,610 Subtotal Administrative Expenditures $ 29,333 $ 35,147 $ 43,772 $ 44,081 Instructional Expenditures Textbooks&Reference Books $ 201,878 $ 250,462 $ 250,462 $ 112,037 Consumable Instructional(Student) 1,563 36,438 36,438 36,033 Consumable Instructional(Teacher) 26,251 25,000 25,000 4,039 Instructional Licenses 178,128 163,733 157,949 121,624 Testing Materials 256,450 330,670 330,670 469,829 Contracted SPED Instruction 22,748 28,591 28,591 28,458 Subtotal Instructional Expenditures $ 687,018 $ 834,894 $ 829,110 $ 772,020 13 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget-Continued Other Operating Expenditures Telephone&Internet $ 28,765 $ 29,340 $ 38,119 $ 38,881 Postage 390 390 1,628 1,628 Electricity 90,700 92,514 111,878 125,192 Water&Sewer 6,440 6,569 11,328 12,676 Waste Disposal 31,050 37,260 37,260 40,623 Pest Control 3,300 3,465 3,995 3,638 Cleaning Supplies 31,530 21,530 21,530 24,760 Building Repairs&Maintenance 159,046 153,885 193,966 181,637 Miscellaneous Expenditures 11,112 10,126 10,126 10,126 Subtotal Other Operating Expenditures $ 362,333 $ 355,079 $ 429,831 $ 439,161 Internal Funds Expense Internal Funds Expense**** $ - $ 33,214 $ - $ 63,255 Subtotal Internal Funds Revenue $ - $ 33,214 $ - $ 63,255 Fixed Expenditures Office Equipment-Leasing Expenditures $ 13,695 $ 13,624 $ 13,624 $ 13,896 Professional Liability&Other Insurance 47,400 61,620 61,620 70,863 Subtotal Fixed Expenditures $ 61,095 $ 75,244 $ 75,244 $ 84,759 Total Operating Expenditures $ 6,110,146 $ 7,826,666 $ 7,912,096 $ 8,682,145 Capital Expenditures Computers-Hardware $ 552,317 $ 250,545 $ 291,043 $ 75,000 Computers-Software 2,460 - 304 - IT Infrastructure - 20,000 20,000 25,000 Audio Visual Equipment 42,827 23,800 15,693 - FF&E 45,009 12,500 19,815 12,500 Total Capital Expenditures $ 642,613 $ 306,845 $ 346,855 $ 112,500 Total Unadjusted Operating and Capital Expenditures $ 6,752,759 $ 8,133,511 $ 8,258,950 $ 8,794,645 Unadjusted Revenue over/(under)Expenditures $ 1,992,273 $ 318,462 $ 649,002 $ 336,464 Adjusted Revenues over/(under)Expenditures $ 1,992,273 $ 318,462 $ 649,002 $ 336,464 Total Adjusted Operating and Capital Expenditures $ 6,752,759 $ 8,133,511 $ 8,258,950 $ 8,794,645 Total Revenues $ 8,745,032 $ 8,451,973 $ 8,907,952 $ 9,131,109 Projected Addition to Fund Balance/(Deficit) $ 1,992,273 $ 318,462 $ 649,002 $ 336,464 Repayment to City $ $ 218,462 $ 549,002 $ 220,000 Projected Fund Balance After Repayment $ 1,992,273 $ 100,000 $ 100,000 $ 116,464 14 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 ,QN so Ar J G O / o li,4q G� 5 HI 40*41 C HARTER SCHOOLS r USA DSAHS Instructional Pay-For-Performance Plan 15 , \ C HARTER SCHOOLS USA DSAHS INSTRUCTIONAL PAY-FOR-PERFORMANCE PLAN INDEX A.CSUSA PAY PRACTICES B.PERFORMANCE BASED COMPENSATION C.MERIT INCREASE SCHEDULE D.SCHOOL WIDE PERFORMANCE AND RETENTION BONUS A.CSUSA PAY PRACTICES CSUSA salaries are competitive with the surrounding area schools but structured differently,with a greater emphasis on performance-based pay.For base salaries,pay bands have been established to a minimum,midpoint,and maximum scale by which job families can grow with merit increases.CSUSA will budget criteria,incentives,and other motivating factors to attract, reward and retain the best employees.A salary worksheet will be used to calculate starting salaries in a fair&consistent manner.Below are the basic criteria utilized to determine starting salaries. Base Salary for Teachers in their initial year(10 Month) • Positive Adjustments to base for Experience o $1,000 for 1-3 years o $3,000 for 4-6 years o $4,000 for 7-10 years o $7,500 for 11-15 years o $10,000 for 16-20 years o $12,500 for 21-24 years o $15,000 for 25+years • Positive Adjustments to base for Education Credentials o $3,000 for Masters o $5,000 for Specialist o $7,000 for Doctorate •Other Compensation: (to be reevaluated annually and subject to funding availability) o $3,500 in lieu of the Miami-Dade County Referendum will be added as a stipend to Teacher base pay o Up to$4,000 Positive Adjustments to base for Critical Shortage Areas/Special Consideration,if applicable and based on Budget •$-3,000 Negative Adjustments to base(prior to HB increase)if met all requirements and waiting for Certification documentation •Teachers whose certification expires will have their salary reduced by$3,000 (prior to HB increase). If certification is reestablished within one year, upon receipt of documentation,their previous salary will be reinstated. B.PERFORMANCE BASED COMPENSATION Research supports the notion that people are motivated through achievement, recognition,and growth opportunities. Moreover,studies indicate that not only does this contribute to the retention of high quality staff,but also positively impacts student achievement.Consequently,the School will adopt a performance-based compensation plan that includes: • Merit increases for faculty and staff are determined by a robust evaluation tool based on the research of Robert Marzano, in alignment with statutory requirements 16 • Participation in various programs to provide incentive bonuses for teachers • Performance bonuses for Administration based on Academic Performance,Enrollment/Growth and Culture metrics •School wide performance incentive goal—provided to faculty and staff at schools that achieve predetermined school wide academic improvement goals •Stipends(supplements)are offered separately from base pay for Additional Academic Responsibilities,Title 1 Schools,Critical Teacher Shortage Areas,Bottom 2 School improvement categories,etc. C.MERIT INCREASE SCHEDULE Final Level Instructional staff member scores are calculated by combining the Instructional Practice and Student Performance components of the final evaluation.Please see the school's approved evaluation plan.Budget will determine the Effective teacher's percent increase.This percent increase will fall between 50%-75%of the percent increase that Highly Effective teachers receive per statutory requirements. CSUSA PERFORMANCE EVALUATION RESULTS INSTRUCTIONAL INCREASE* Level 1:UNSATISFACTORY/DEVELOPING/NEEDS IMPROVEMENT 0% Level 2:DEVELOPING/NEEDS IMPROVEMENT 0% Level 3:APPLYING/EFFECTIVE 2.0% Level 4:INNOVATIVE/HIGHLY EFFECTIVE 3.0% *Merit increases are subject to budget allocation •A"Cost of Living"adjustment option may be included in the schedule,budget permitting •Stipends(supplements)are offered separately from base pay for Additional Academic Responsibilities,Title 1 Schools,Critical Teacher Shortage Areas,Bottom 2 School improvement categories,etc. D.SCHOOL WIDE PERFORMANCE AND RETENTION BONUS CSUSA offers a school wide bonus opportunity that acknowledges and shows appreciation to our loyal and committed employees.This is an opportunity for all Full Time Staff to earn a bonus based on the overall performance of their school.* • Up to$500.00 for Non Instructional Employees • Up to$1,000.00 for Instructional Employees •The bonus will be paid out after FTE count and the release of school grades in the fall/winter of the following year •The bonus is based on goals established by the school and approved by leadership • If the school meets its letter grade goal,the bonus will be paid out in full • If the letter grade goal is not met,the bonus will be prorated based on the percentage of goals met *School wide bonus payment is subject to budget allocation 17 NOVA SOFF f E � G O vo2 �o Rq HIGN This page has intentionally been left blank 18 Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2023/2024 0OX1 SOFFF� J G O c2 �o Rq HIGN Adopting Ordinance 19 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2023/2024 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2023/2024 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City 20 Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2023 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2023/2024 fiscal year. 21 Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss 22 Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED on first reading this 20t" day of April, 2023. PASSED AND ADOPTED on second reading this 18t" day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 23 ooN so�FFR a � � v H 1 GYr Don Soffer Aventura High School 3151 NE 213th Street Aventura, Florida 33180 Office Telephone: (786) 481-3032 Website: https://aventuracharterhs.org/ oM c^-I N `� c�-I N N a M N N l0 M O � ci CO M N M ci N M ^ cl N N • O W i N 00 00 � M �, •, Ln N Ol M O I'14 00 `� �--1 N N c-I N N LL W W i ^ • Z 3 W 14 * Z Ln y O ^ chi N N c l � N (Y) Q a ci CO Lf1 ci N N cl cl N M O r, l0 M c-I CO cl N N N cl N ^ cl N N N CO l0 Ll O I, cl cl N `� n N O M cl N N cl N N c l CO Lr) zt c-I CO • cl cl N ^ cl N N cN-I N O • V Q M O cl N M cl O N N r1 N N Z LU J N Ol N OM c-I N M 00 c-I N = U i O O 4-1 2 � U � N a N O `� cl N N cl � N M Ol cl N M L N M N O O t r-I co rl co Ln io m O N N ^ cl N N cl cl N N Ol ci N M Ln c-I Z O m Q M O r, O r, ci Lf1 N Ol N N cl N N M �--I ci N M `� cl N N p > > Ur ca Q V O O Z w O F Z Z Y N Ol (Z (Z M O ci CO Ln Q L Q Q cl cl N N cl N M ^ cl N N Ur O Z F L" O LU } F Z Lu CC J � ¢ Y Z �_ O Lr) c-I CO chi N N l0 c l ON N O W / Q W > a 3'^. c v n vL c i c Cl N Lf1 Lfl l l ( c-1 4 i � ci `� � c-I N O N N � c-N OI ci y0 � N N O r, � c-I ci c CO l CO Lr) O C O M cl cl N M ^ cl N N cl cl NbLO UO � z rn Z Ol N OM cl rn ON N M Ol cl N O w Y N O V a — O O H Lf1 N Ol N Ol (Z l0 M O `� OC cl N N cl cl N N cl N M L' N W N U hp pp H J r m J chi N 10-0 c l � N The Oty ®f Aventura DON SOFFER $AVENTURA Don Soffer Aventura High School HIGH SCHOOL Governing Board 2023-2024 Proposed Meeting Schedule The City Commission, acting in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS), will meet on the following dates and times: DSAHS Governing Board Meeting July 20, 2023 Following 9 a.m. ACES Governing Board Meeting DSAHS Governing Board Meeting September 21, 2023 Following 9 a.m. ACES Governing Board Meeting DSAHS Governing Board Meeting January 18, 2024 Following 9 a.m. ACES Governing Board Meeting DSAHS Governing Board Meeting April 25, 2024 Following 9 a.m. ACES Governing Board Meeting Governing Board Mayor Howard S. Weinberg, Esq. Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Governing Board Facilitator- City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Scrota Helfman Cole & Bierman All meetings will be held at the Aventura Government Center(19200 West Country Club Drive,Aventura, FL) unless otherwise noted on the applicable agenda. One or more members of the Advisory Boards of the City may participate in these meetings. These meetings are open to the public. In accordance with the American with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in these meetings because of that disability should contact the office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceeding. Agenda items may be viewed online at cityofaventura.com. Parental Rights in Education Policy WHEREAS, The 2022 Florida Legislature passed House Bill 1557, Parental Rights in Education which Governor Ron DeSantis signed into law on March 28, 2022 with an effective date of July 1, 2022. WHEREAS, This Policy is to ensure the charter school governing board (the "Governing Board")will comply with the newly amended Section 1001.42,Florida Statutes,relating to student welfare and procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. WHEREAS, This Policy also provides the procedural requirements for the Governing Board and the relationship/duties of the School Board which serves as the Governing Board's sponsor in relation to the parents fundamental right of parents to make decisions regarding the upbringing and control of their children.Nothing in this Policy is intended to prohibit parents from accessing any of their student's education and health records created, maintained, or used by the Governing Board, as required by Section 1002.22(2), Florida Statutes. NOW THEREFORE, The Governing Board, respecting and reinforcing the fundamental rights of parents to make decisions and control of their children and as required by Section 1001.42, Florida Statutes and further enumerated in Sections 1002.20 and 1014.04,Florida Statutes provides the following: L Notification Requirements The Governing Board shall notify and provide parents/guardians of the following information and services offered at the School at the beginning of each academic school year: a. That classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards. b. Each health care service offered at their student's school and the option to withhold consent or decline any specific service. c. Provide an option that parental consent to a health care service does not waive a parent's right to access his or her student's educational or health records or to be notified about a change in his or her student's services or monitoring. d. Require consent from the parent/guardian before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3. 11. Parent Grievance Procedures In the event a parent/guardian feels that any of the above actions in Section I(a-d) of this Policy has or has not occurred, the parent shall first email the principal or his or her designee regarding concerns which is believed to occur within his or her student's school. Page 1 of 4 2103126v1980058.0346 Upon receipt of the email and/or written correspondence from the student's parent/guardian, the principal or his or her designee shall immediately cause to be investigated whether a violation of Section 1001.42, Florida Statutes has occurred. The principal or his or her designee shall, within seven (7) calendar days after notification by the parent, provide a written summary of the investigative findings and any steps to be taken and available to both the School and the parent. If the parent/guardian,within thirty (30)days after notification to the principal or his or her designee of the alleged violation of Section 1001.42, Florida Statutes, by the parent that the concern remains unresolved, the Governing Board shall appoint a third party (other than the principal or his or her designee) to investigate whether a violation of Section 1001.42, Florida Statutes has occurred or if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and/or the school's ability to provide a safe and supportive learning environment for the student and such change has not been properly communicated to the Parent. The Governing Board shall receive the summary of findings from the third party and report the findings to the School Board for the School Board to make a final determination of whether a violation of Section 1001.42, Florida Statutes has occurred or if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and/or the school's ability to provide a safe and supportive learning environment for the student and such change has not been properly communicated to the Parent. If a concern is not resolved by the School Board, a parent may: a. Request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years' experience in administrative law; or i. The special magistrate shall determine facts relating to the dispute over the School's and School Board's procedure or practice, consider information provided by the school, and render a recommended decision for resolution to the State Board of Education within 30 days after receipt of the request by the parent. ii. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted. iii. The costs of the special magistrate shall be borne by the school district. b. Bring an action against the school district to obtain a declaratory judgment that the school district procedure or practice violates this paragraph and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief. III. Required Communication from Charter School Page 2 of 4 2103126v1980058.0346 In the event a charter school principal or the principal's designee is directed to notify a parent by the Governing Board pursuant to this Policy, the charter school principal or the principal's designee shall make a reasonable attempt to meet and with the student have the student discuss the issues relating to their upbringing with their parents Urior to the formal written notification to the student's parent/guardian. For purposes of this policy, "a reasonable attempt to notify" means the exercise of reasonable diligence and care by the principal or the principal's designee to make contact with the student's parent, guardian, or other known contact whom the student's parent or guardian has authorized to receive notifications. At a minimum, the principal or the principal's designee must take the following actions: a. Use available methods of communication to contact the student's parent, guardian, or other known emergency contact, including but not limited to, telephone calls, text messages, e-mails, and voice mail messages following the notification of a when there is a change in the student' s services or monitoring related to the student' s mental, emotional, or physical health or well-being and/or the school' s ability to provide a safe and supportive learning environment for the student. b. Document the method and number of attempts made to contact the student's parent, guardian, or other known emergency contact, and the outcome of each attempt. A principal or his or her designee who successfully notifies any other known emergency contact may share only the information necessary to alert such contact that the parent or caregiver must be contacted. All such information must be in compliance with federal and state law. IV. Delayed Communication from Charter School The principal or the principal's designee may delay notification pursuant to this Policy if: a. The principal or the principal's designee deems the delay to be in the student's best interest and if there is knowledge, suspicion, or reason to suspect that such notification may result in abuse, abandonment, or neglect; or b. The principal or the principal's designee reasonably believes that such delay is necessary to avoid jeopardizing the health and safety of the student. V. Conflict of Law This policy is intended to supplement Sections 1001.41, 1002.20 and 1014.04,Florida Statutes. If there is any provision of this policy which conflicts with and Florida Statute, the Florida Statute shall control. In the event the Department of Education updates, as necessary, school counseling frameworks and standards; educator practices and professional conduct principles; and any other student services personnel guidelines, standards, or frameworks in accordance with the requirements of this act, the Governing Board shall adopt and incorporate such updated Page 3 of 4 2103126v1980058.0346 frameworks and standards in compliance with this Policy, Florida Administrative Code, and Florida Statutes. VI. Effective Date. This policy became effective July 1, 2022. The Governing Board reserves the right to change provisions of this Policy at any time in the future. Page 4 of 4 2103126v1980058.0346 f 0, f FLORIDA DEPARTMENT OF State Board of Education f 1doe.org Manny Diaz,Jr. Commissioner of Education Tom Grady,Chair Ben Gibson,Vice Chair Members Monesia Brown Esther Byrd Grazie Pozo Christie Ryan Petty Joe York MEMORANDUM Contact Information: Adam Emerson TO: School District Superintendents 850-245-9631 Charter School Leaders Adam.Emerson(a) oe.org DPS: 2022-192 FROM: Adam Emerson DATE: December 9,2022 SUBJECT: New State Board of Education Rule Regarding Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools On March 28,2022,the Governor signed House Bill 1557 Parental Rights in Education into law, protecting the rights of parents in need of additional assistance with certain disputes that are not timely resolved by the school district. On October 19,2022,the State Board of Education adopted Rule 6A-6.0791,Florida Administrative Code (F.A.C.� Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools. This rule is applicable to all charter schools.The purpose of Rule 6A-6.0791,F.A.C.,is to support parental rights by providing charter school parents with a more expedient route to resolve certain disputes,in lieu of filing a lawsuit in court. Each charter school must adopt procedures for a parent to notify the principal,or the principal's designee, of their concerns and the process for resolving those concerns within seven calendar days after notification by the parent. If that complaint cannot be resolved by the charter school,then the charter must fully cooperate in its local school district's resolution procedures and comply with the district's decision for resolution of the complaint. If a parental complaint involving certain types of disputes is not resolved at the local level by a charter school principal within seven days,or subsequently, a school district within 30 days, a parent may submit a form to the Florida Department of Education requesting the appointment of a Special Magistrate. If the request is granted, a Special Magistrate would hold a hearing and provide a recommended decision to the State Board of Education on the dispute between a parent and the school district. All costs a district incurs for reviewing and responding to a complaint lodged by a parent enrolled in a charter school under this rule is a service provided by the school district to the charter school. Contracts providing for payment of such services are limited to the district's actual costs unless mutually agreed to by the school district and the charter school. ADAM EMERSON,EXECUTIVE DIRECTOR OFFICE OF INDEPENDENT EDUCATION AND PARENTAL CHOICE www.fidoe.org 325 W.Gaines Street—Suite 1502 1 Tallahassee,FL 32399-0400 1 850-245-0509 New State Board of Education Rule Regarding Special Magistrate for Unresolved Student Welfare Complaints December 9,2022 Page Two The types of complaints that parents may request a Special Magistrate must be based upon the provisions set forth in section(s) 1001.42(8)(c)1.-6.,Florida Statutes: 1. In accordance with the rights of parents enumerated in ss. 1002.20 and 1014.04, adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental,emotional,or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent.The procedures may not prohibit parents from accessing any of their student's education and health records created,maintained,or used by the school district,as required by s. 1002.22(2). 2. A school may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental,emotional,or physical health or well-being,or a change in related services or monitoring,or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional,or physical health or well-being. This subparagraph does not prohibit a school district from adopting procedures that permit school personnel to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse,abandonment,or neglect,as those terms are defined in s. 39.01. 3. Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards. 4. Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines, standards, and frameworks established by the Department of Education. 5. At the beginning of the school year,each school shall notify parents of each health care service offered at their student's school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent's right to access his or her student's educational or health records or to be notified about a change in his or her student's services or monitoring as provided by this paragraph. 6. Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3,the school district must provide the questionnaire or health screening form to the parent and obtain the permission of the parent. New State Board of Education Rule Regarding Special Magistrate for Unresolved Student Welfare Complaints December 9,2022 Page Three Obligations for charter schools under the rule include: • Adopt procedures for a parent to seek relief from the school principal or designee; • If the charter school cannot resolve the dispute,it must fully cooperate in the school district's resolution procedures and comply with the district's decision for resolution; and • Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and e- mail address of the individual. Obligations for school districts under the rule include: • Designate at least one person responsible for responding to the Department's inquires regarding requests for a Special Magistrate; • Within five days of receipt of notice that a parent has requested the appointment of a Special Magistrate,the school district must provide a statement addressing whether any of the grounds for dismissal of the request apply to the parent's request; and • Within twenty days of notice that a Special Magistrate has been appointed,the school district must ensure that an agreement for payment has been reached with the Special Magistrate. Thank you for your attention and implementation of this important process. AE Attachment 1: Rule language as adopted: Rule 6A-1.094125,F.A.C., Special Magistrate for Unresolved Student Welfare Complaints Attachment 2: Form -Florida Department of Education Parental Request for Appointment of a Special Magistrate 6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools. (1) Purpose. The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student's health, safety, or welfare as described in Section 1001.42(8)(c),F.S. (2)Definitions.In this rule,the terms have the following meaning: (a)"Days"means business days and excludes state,federal and school district holidays; (b)"Department"means the Florida Department of Education; (c) "Parental Request for Appointment of a Special Magistrate for Charter School Students" or"Parental Request' means the written form adopted by and incorporated into this rule. (d)"Parent"means the definition of that term provided in Section 1000.21,F.S.; (e) "Parties" means the parent who submitted a request for appointment of a Special Magistrate and the school district and charter school governing board; (f)"Special Magistrate" means an administrative law judge provided by the Division of Administrative Hearings under Section 120.65(6),F.S.,or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience; (3)Parental Obligations.In order to request appointment of a Special Magistrate,a parent must: (a)Complete the form entitled"Parental Request for Appointment of a Special Magistrate for Charter School Students;" (b)Describe the nature of the dispute; (c) Describe the resolution or relief sought with the charter school principal or designee appointed by the charter school governing board and subsequently,with the school district that sponsors the charter school; (d)Describe the resolution sought from the Special Magistrate and the State Board of Education; (e)Demonstrate that before filing for the appointment of a Special Magistrate,resolution of the dispute was sought by the parent with: i.The principal or designee appointed by the charter school governing board to resolve parental disputes; and 2.The school district,all in accordance with the procedures adopted by the school district for resolution of the dispute: (f)Provide and maintain accurate contact information such as an email address,telephone number and mailing address for the parent. (4)School District Obligations.Each school district must: (a) Develop procedures to resolve student health, safety, or welfare complaints under Section 1001.42(8)(c), F.S., for a student who is enrolled in a charter school sponsored by the district.These procedures must include the following: 1. The process for resolution when the charter school principal or designee is unable to resolve the dispute to the parent's satisfaction; 2. Providing a parent with a statement of the reasons for not resolving the dispute, when the district is unable to resolve the complaint; and 3. The time limits for a response or notice of reasons for not resolving the dispute,which must be no more than 30 days from receipt of the complaint. (b)Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for charter school student complaints and notify the Department of the name and email address of the individual; (c)Within five (5)days of receipt of notice that a parent has requested the appointment of a Special Magistrate as described in subsection(3),provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (7)(b)of this rule apply to the parental request for appointment of a Special Magistrate; and (d) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate. (5) Charter School Governing Board's Obligations. To ensure that the Special Magistrate process is available to a parent of a student enrolled in a charter school,a charter school governing board must: (a)Adopt procedures to notify parents of the following: 1.The ability to seek relief from the school principal or designee for a dispute under Sections 1001.42(8)(c)1.-7.,F.S.; 2. If the parent remains aggrieved after receiving the response from the principal or designee,the ability to seek relief from the school district that sponsors the charter school; and 3. The time limits for a response, which must be no more than seven days from receipt of the complaint for the principal/designee and no more than 30 days from receipt of the complaint for the school district. (b)Fully cooperate in the district's resolution procedures and comply with the district's decision for resolution of the complaint; and (c)Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and email address of the individual. (6) Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students. All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under this rule, is a service provided by the school district to the charter school;contracts for such services are limited to the district's actual costs unless mutually agreed to by the school district and charter school,based upon the provisions of Section 1002.33(20)(b),F.S. (7)Department of Education Obligations. (a) Review of"Parental Request for Appointment of a Special Magistrate for Charter School Students." Upon receipt of the form entitled"Parental Request for Appointment of a Special Magistrate for Charter School Students,"the Department will: 1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20)days of receipt of a Departmental notice that missing or supplemental information is needed; 2. Notify the charter and the school district of receipt of the Parental Request for Appointment of a Special Magistrate for Charter Schools; and 3.Provide written notice to the parent,charter school and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request. (b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances: 1.The parent notifies the Department that the dispute has been resolved or withdrawn; 2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided; 3. The parent has not demonstrated full and complete use of any charter school and school district procedures for resolving the dispute; 4. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations,or under Section 1003.56,F.S.,and rules adopted by the Department to implement Section 1003.56,F.S.,or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7.,F.S.;or 5.The parent has failed to maintain accurate contact information with the Department or the Special Magistrate. (c)Obligations Post Appointment of Special Magistrate.Upon appointment of a Special Magistrate by the Commissioner under subsection(8)of this rule,the Department will: 1.Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following: a.The name and contact information of the Special Magistrate; b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board of Education; and c.The requirement to maintain accurate contact information with the Department and the Special Magistrate; 2. Provide to the Special Magistrate the following: a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and b.To allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education.This timeframe may be extended by agreement of the parties. (8) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a Special Magistrate utilizing the following factors: (a)Whether there is authority and the ability to provide effective relief to the parent through the Special Magistrate process; (b)Whether the parent is seeking or has already sought relief in court; (c)Whether due to a change in circumstances,such as a change in a student's school or grade level or a change in procedures or training,the dispute is moot or not ripe; and (d)Whether grounds for dismissal of the Parental Request,as described in paragraph(7)(b)of this rule,are found to exist. (9)Special Magistrate Procedures. (a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings,except where inconsistent with this rule or Section 1001.42(8)(c),F.S. (b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate,the following procedures apply: 1. The Special Magistrate shall set and notify all parties of the time and place of the hearings. 2.Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative. 3. The parties or the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the Special Magistrate shall be governed by the Administrative Procedure Act. 4.The Special Magistrate may permit the submission of written memorandum by the parties. (c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the charter school. The Special Magistrate's recommended decision shall be based upon the evidence presented and argument made before the Special Magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties. (d)The Special Magistrate's recommended decision is due within thirty (30)days of the date a parent request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate. (10) The following forth is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public- schools/: Parental Request for Appointment of a Special Magistrate for Charter School Students, Forth No. CSSM-1 (httD://www.flrules.or�4/Gateway/reference.asi)?No=Ref-14915)(effective November 2022). RulemakingAuthority 1001.02(1), (2)(n),1001.42(8)(c)7A FS.Law lmplemented 1001.42(8)(c)7A, 1002.33(9)(p)2.FS.History New 11-22-22. FLORIDA DEPARTMENT OF EDUCATION PARENTAL REQUEST FOR APPOINTMENT OF A SPECIAL MAGISTRATE FOR CHARTER SCHOOL STUDENTS This form must be completed to request that the Commissioner of Education appoint a Special Magistrate to recommend resolution of certain disputes a parent or guardian has with their child's charter school. What is a Special Magistrate?A special magistrate is a member of the Florida Bar in good standing and who has at least 5 years of experience in administrative law.A hearing before the Special Magistrate provides a parent or guardian with the opportunity to demonstrate a violation of certain rights or procedures of the charter school and where the school and the school district are given the opportunity to support the charter school's action.After a hearing,the Special Magistrate will provide a written decision that operates as a recommendation for consideration by the State Board of Education. A hearing before a Special Magistrate is an alternative to filing an action in court for relief. Who can request the appointment of a Special Magistrate?The request can only be made by a parent or guardian of a student at the charter school that is the subject of the dispute. When can a request be made?A request can be made only after a parent or guardian has sought to resolve the dispute with the charter school and school district based upon the procedures adopted by the charter school and the school district where the student is enrolled. Each charter school must adopt procedures for a parent or guardian to seek resolution of certain disputes with a school principal or his designee and then, if the dispute remains unresolved,the school district must provide an additional method to attempt to resolve the dispute at the district level. If the dispute is not resolved, a school district must provide a parent or guardian a statement of the reasons for not resolving the dispute. These procedures will vary from school to school and from district to district; however,the procedures must be carefully followed before requesting the appointment of a Special Magistrate. What types of disputes can be considered by a Special Magistrate?A Special Magistrate is available for some, but not all kinds of disputes. The types of disputes a Special Magistrate can consider are listed below on page 2 of this form under"Classify the Nature of Your Dispute." • A Special Magistrate is not available to resolve disputes alleging a violation of the educational rights of a student with a disability under the Individuals with Disabilities Education Act(IDEA 2004)and corresponding state requirements. Please see Rule 6A-6.03311, Fla.Admin. Code,for the process to resolve these types of disputes. A special magistrate will not be appointed for a number of other reasons, such as resolution of the dispute, a change in circumstances,the failure to complete charter school and school district procedures for resolution, or the inability to provide the relief sought. How will notice be provided whether a special magistrate has been appointed?The Department will provide a parent or guardian and the school district written notice once a decision has been made. Form No. CSSM-1; effective November 2022; Incorporated in Rule 6A-6.0791, F.A.C. Name of Parent or Guardian: Name of Student: Student ID Number: Date of Incident: Grade Level When Dispute Occurred: School District: School: Parent or Guardian Contact Information: (Email Address) Mailing Address: CLASSIFY THE NATURE OF YOUR DISPUTE Check which of the following school district requirements your dispute concerns: ❑In accordance with the rights of parents enumerated in ss. 1002.20 and 1014.04, F.S.,the school district must adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental,emotional,or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student.The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to the student's well-being with his or her parent or to facilitate discussion of the issue with the parent. The procedures may not prohibit parents from accessing any of their student's educational and health records created, maintained, or used by the school district, as required by s. 1001.22(2), F.S. ❑A school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental,emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental,emotional,or physical health or well-being.This requirement does not prohibit a school district from adopting procedures that permit school personnel to withhold information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect as defined in s. 39.01, F.S. ❑Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards. ❑ Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines,standards,and frameworks established by the Department of Education. ❑At the beginning of the school year,the school district must notify parents of each healthcare service offered at their student's school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent's right to access his or her student's educational health records or to be notified about a change in his or her student's services or monitoring. ❑Before administering a well-being questionnaire or health screening form to a student in kindergarten through grade 3, the school district must provide the questionnaire or health screening form to the parent and obtain the permission of the parent. Form No. CSSM-1; effective November 2022; Incorporated in Rule 6A-6.0791, F.A.C. DESCRIBE THE DISPUTE WITH THE CHARTER SCHOOL Briefly describe the dispute with the charter school that you are requesting to be heard before a Special Magistrate: RESOLUTION Yes ❑ No ❑ As the parent or guardian, I have attempted to resolve the dispute with the charter school and the school district by utilizing all of the procedures adopted by the school and the school district to resolve the dispute or concern. Please attach the responses received from the school and school district,and attach the district's Statement of Reasons for Not Resolving the Dispute or Concern. Date School Principal Responded to Dispute or Concern(Please attach response) Date School District Responded to Dispute or Concern(Please attach response) Date School District Provided a Statement of Reasons for not Resolving the Dispute or Concern (Please attach response) Describe the Resolution Requested from the School and School District: Describe the Resolution You Would Like the Special Magistrate and the State Board of Education to Provide to Resolve the Dispute: Form No. CSSM-1; effective November 2022; Incorporated in Rule 6A-6.0791, F.A.C. ACKNOWLEDGEMENT ❑I understand that the hearing before the Special Magistrate and the State Board of Education is open to the public and that records relevant to the dispute may be disclosed to the public. Signature of Parent or Guardian Date HOW TO SUBMIT THIS FORM TO THE DEPARTMENT OF EDUCATION: The completed from along with required documentation must be sent via email to the following address: S ecialMagistrate a fldoe.org or by U.S. mail to: Florida Department of Education 325 West Gaines Street, Suite 224 Tallahassee, FL 32399 Form No. CSSM-1; effective November 2022; Incorporated in Rule 6A-6.0791, F.A.C.