THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA OFFICE OF THE SUPERINTENDENT

TUESDAY, NOVEMBER 9, 2021 9:30 AM Kathleen C. Wright Building

600 Southeast Third Avenue, Board Room Fort Lauderdale, Florida 33301

AGENDA FOR SPECIAL SCHOOL BOARD MEETING

SPECIAL SCHOOL BOARD MEETINGS CAN BE VIEWED VIA LIVE STREAM OVER THE INTERNET ON THE DISTRICT'S WEBSITE ().

11/05/21 - Supplemental

School Board meetings will be held with Board Members being physically present and via electronic communication. This advertised Special School Board Meeting will be accessible virtually. Pursuant to School Board Policy 1100A, no public comments will be permitted when the Board acts in its quasijudicial function, such as during bid protests or employee discipline proceedings pursuant to Florida Statute, Chapter 120.

November 5, 2021

ITEMS 1. Broward County School Board vs. David R. Manset (ADDITIONAL INFORMATION)

CALL TO ORDER

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ADDED / CHANGED ITEMS

CLOSE AGENDA

PURPOSE OF MEETING

For The School Board of Broward County, Florida to conduct official business of the District, and any other items the Board deems necessary.

SUPERINTENDENT'S RECOMMENDATION(S)

1.

Broward County School Board vs. David R. Manset

ADDITIONAL INFORMATION

(1) Consider the Recommended Order ("RO"), rendered March 16, 2021, by John G. Van Laningham, Administrative Law Judge, in SBBC vs. David R. Manset, Case No. 203492TTS, before the Division of Administrative Hearings; (2) Rule upon Petitioner's

Special School Board Meeting

November 9, 2021

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Exceptions and Respondent's Exceptions; and (3) Render a final order based upon the actions in numbers (1) and (2).

Executive Summary.pdf Recommended Order.pdf Petitioner's Exceptions.pdf Respondent's Exceptions.pdf Additional Information.pdf

ADJOURNMENT

The School Board of Broward County, Florida, prohibits any policy or procedure which results in discrimination on the basis of age, color, disability, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sex or sexual orientation. The School Board also provides equal access to the Boy Scouts and other designated youth groups. Individuals who wish to file a discrimination and/or harassment complaint may call the Director, Equal Educational Opportunities/ADA Compliance Department & District's Equity Coordinator/Title IX Coordinator at 754-321-2150 or Teletype Machine (TTY) 754-321-2158.

Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008, (ADAAA) may call Equal Education Opportunities/ADA Compliance Department at 754-321-2150 or Teletype Machine (TTY) 754-321-2158.

Any person who decides to appeal any decision made at a meeting(s) announced by this Notice with respect to any matter considered at such meeting(s) will need a record of the proceedings and for such purpose may need that a verbatim record of the proceeding is made, which records testimony and evidence upon which the appeal is to be based.

Telephone conferencing or other telecommunications technology may be used in conducting this public meeting to permit absent Board Members to participate in discussions, to be heard by other School Board Members and the public, and to hear discussions taking place during the meeting.

Notice is hereby given that two or more Board Members of The School Board of Broward County, Florida, may be participating.

Special School Board Meeting

November 9, 2021

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Status: ADDITIONAL INFORMATION

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

2021-11-09

Special School Board Meeting

CATEGORY: Superintendent's Recommendation

DEPARTMENT: General Counsel

Agenda Item Number: 1.

Consent or Open Item: Open

Special Order:

NO

Time for Special Order:

TITLE:

Broward County School Board vs. David R. Manset

REQUESTED A(1D) CDoITnsIiOdNerAtLheIRNeFcOomRMmeAnTdIeOdNOrder ("RO"), rendered March 16, 2021, by John ACTION: G. Van Laningham, Administrative Law Judge, in SBBC vs. David R. Manset,

Case No. 20-3492TTS, before the Division of Administrative Hearings; (2) Rule

upon Petitioner's Exceptions and Respondent's Exceptions; and (3) Render a final

order based upon the actions in numbers (1) and (2).

STRATEGIC ALIGNMENT

Which strategic initiative(s) best aligns to this item?

N/A

N/A

Is approval of this agenda item required to implement a tactic included within an initiative of the strategic plan? NO

Will the implementation of this item have a direct impact on one of the 2024 Strategic Plan Primary Metrics? NO

If YES, identify the primary metric and include the corresponding figures in the table below.

Primary Goal & Metric:

If NO, outline below how staff intends to evaluate the success/impact of this item/initiative.

Level

Baseline

2024 Target

Most Current

Also identify any secondary metrics utilized to evaluate the success of this

item/initiative.

Metric

Baseline

Target

BACKGROUND, SUMMARY EXPLANATION, AND HISTORY OF ITEM

Was this item previously presented to the School Board?

NO

In July 2020, The School Board approved the recommendation from

the Superintendent of Schools to terminate Mr. David R. Manset, a

teacher.

Please see attached Executive Summary.

RELATED ITEMS

EXHIBITS Executive Summary Recommended Order Petitioner's Exceptions Respondent's Exceptions Record (Provided Separately) Additional Information

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DEPENDENCIES: Outline critical dependencies that are associated with successful implementation of this item/initiative.

1.

2.

RESOURCES REQUIRED

Budget

Are additional funds required in relation to the approval of this item?

NO

If YES, How much additional funding is necessary to implement this item?

If NO, How much existing funding will be spent to implement this item?

SOURCE OF FUNDS:

Spending Authority

Is additional spend authority required for this item?

NO

If YES, How much additional spending authority is necessary to implement this item?

Staffing

Is additional staff required in relation to the implementation of this item?

NO

If YES, identify the number of additional positions and the estimated costs for the additional staff.

No.

Cost

BOARD ACTION:

(For Official School Board Records Only)

SOURCE OF ADDITIONAL INFORMATION

Name: Marylin C. Batista, Esq.

Phone: 754-321-2050

Name:

Phone:

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Senior Leader & Title Marylin Batista, Interim General Counsel

Signature

Marylin Batista, Interim General Counsel

Electronic Signature Form $4189 Revised 1/20 VLC/JSM

October 28, 2021

Approved in Open Board Meeting On:

By:

November 9, 2021 School Board Chair

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EXECUTIVE SUMMARY In July 2020, The School Board approved the recommendation from the Superintendent of Schools to terminate Mr. David R. Manset, a teacher. The legal basis for his suspension and termination was misconduct in office, incompetency, violation of Florida Statutes ?? 1012.53 and 1012.33, and School Board Policy 4008. Mr. Manset challenged The School Board's action and requested an administrative hearing before the State of Florida Division of Administrative Hearings. Following the administrative hearing, the Administrative Law Judge issued a Recommended Order, which recommended the School Board enter a final order dismissing the Administrative Complaint for lack of jurisdiction; alternatively, if Respondent currently holds an unexpired PSC, then he may be dismissed for just cause during the term of that contract. Through their respective counsel, both the Petitioner and Respondent filed Exceptions to the Recommended Order. The School Board of Broward County Florida must take final agency action by rendering a final order after considering the Recommended Order and ruling upon the Exceptions filed by the parties. The Record may contain confidential information and has not been redacted. Accordingly, it has been provided under separate cover.

End of Document

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