M-DCPS School Board

 

Meeting Agenda

 

Note

In addition to viewing this summary agenda, you may now view the full content of each Agenda Item by clicking on the Agenda Item Number. You will need an Adobe Acrobat Reader, which may be downloaded free of charge from Adobe.

AGENDA SECTIONS

A | B | C | D | E | F | G | H | I

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
Miami, Florida

OFFICIAL AGENDA

MAY 13, 2015 REGULAR BOARD MEETING 11:00 A.M.
REGULAR PUBLIC HEARING*
(Following the conclusion of the regular agenda, but no later than approximately 6:30 P.M.)

PERSONS WISHING TO SPEAK TO AN AGENDA ITEM listed for this meeting and/or the REGULAR PUBLIC HEARING, should submit a written request to the Superintendent of Schools, 1450 N.E. Second Avenue, Room 158, Miami, Florida 33132, NO LATER THAN 4:30 P.M., MONDAY, MAY 11, 2015.

Speakers Supplemental List will generally be posted on Tuesday PM or Wednesday AM prior to the meeting. To view a history of the changes to the Agenda click here.

Citizens who wish to speak on matters not on the agenda, or on agenda items that appear on the consent agenda, will be heard at the public hearing. The total time allotted for the public hearing shall not exceed one and one-half hours.

Pursuant to Board Policy 0169.1, a person not scheduled in advance to speak on a non-agenda topic must submit, either before or during the regularly scheduled meeting, a written request to the Chair. Board members present at the meeting must vote by a majority for the person to be heard.

The School Board of Miami-Dade County, Florida, seeks public input and participation. However, the public purpose is not served when citizens become disorderly or disrupt the meeting. Accordingly, the Chair may order the removal from any School Board meeting of any person interfering with the expeditious or orderly process of the meeting provided the Chair has first issued a warning that continued interference with the orderly processes of the meeting will result in removal. Any law enforcement authority or a sergeant-at-arms designated by Chair shall remove any person ordered removed pursuant to this section §1001.372 (3), Fla.Stat.
The published agenda is available for review on the Internet at: [http://www.dadeschools.net].

11:00 A. M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

MOMENT OF SILENT MEDITATION

Pursuant to its Policies, proposed Board member resolutions, endorsements, and proclamations will be presented at 11:00 a.m. Upon vote being taken, the Board will recess to present the approved resolutions, endorsements, and proclamations, to which all persons are invited. The Superintendent’s Special Orders shall follow the Board Member presentations.

The Board will then reconvene the regular public meeting, including other hearings, in accordance with Policies of the Board, at 1:00 p.m.

H-3 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-052 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE 20TH ANNUAL H.O.P.E CONTEST WINNERS

H-4 REQUEST APPROVAL OF RESOLUTION NO. 15-049 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING NATIONAL SAFE BOATING WEEK MAY 16-22, 2015

H-5 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-044 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING READ CONMIGO AND BILINGUAL LITERACY MONTH

ACTION PROPOSED BY DR. LAWRENCE S. FELDMAN: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-044 of The School Board of Miami-Dade County, Florida, recognizing Read Conmigo and Bilingual Literacy Month.

H-6 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-043 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING MAY 2015 AS HAITIAN HERITAGE MONTH AND AUTHORIZING ADMINISTRATIVE ACTIONS TO FOSTER RELATED ACTIVITIES

ACTION PROPOSED BY DR. WILBERT “TEE” HOLLOWAY: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-043 of The School Board of Miami-Dade County, Florida, recognizing May 2015 as Haitian Heritage Month and authorizing administrative actions to foster related activities.

H-7 REQUEST APPROVAL OF RESOLUTION NO. 15-050 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING HAMMOCKS MIDDLE SCHOOL TEACHER MS. SUSAN RYAN

H-8 Request approval of resolution no. 15-045 OF the School board of miami-dade county, florida, RECOGNIZING THE SOUTH DADE SENIOR HIGH WRESTLING TEAM

ACTION PROPOSED BY DR. LAWRENCE S. FELDMAN: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-045 of The School Board of Miami-Dade County, Florida, recognizing the South Dade Senior High Wrestling Team.

H-11 REQUEST APPROVAL OF RESOLUTION NO. 15-046 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE STUDENT WINNERS OF THE YOUTH CRIME WATCH OF MIAMI-DADE POSTER AND ESSAY CONTEST

ACTION PROPOSED BY MS. RAQUEL REGALADO: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-046 of The School Board of Miami-Dade County, Florida, recognizing the student winners of the Youth Crime Watch of Miami-Dade Poster and Essay Contest.

H-12 REQUEST APPROVAL OF RESOLUTION NO. 15-047 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE ASSOCIATION OF CUBAN HOME ECONOMICS TEACHERS IN EXILE

ACTION PROPOSED BY MS. RAQUEL REGALADO: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-047 of The School Board of Miami-Dade County, Florida, recognizing the Association of Cuban Home Economics Teachers in Exile.

H-13 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-051 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING JUSTINE PADRÓN OF JOSÉ MARTÍ MAST 6-12 ACADEMY AS THE WINNER OF ZOO MIAMI’S & LOCAL10’S ECO-HERO CONTEST

ACTION PROPOSED BY CHAIR PERLA TABARES HANTMAN: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-051 of The School Board of Miami-Dade County, Florida, recognizing Justine Padrón of José Martí Mast 6-12 Academy as the winner of Zoo Miami’s & Local10’s Eco-Hero Contest.

H-15 SCHOOL BOARD ENDORSEMENT OF MAY 2015 AS WATER SAFETY MONTH IN MIAMI-DADE COUNTY PUBLIC SCHOOLS

ACTION PROPOSED BY DR. MARTA PÉREZ: That The School Board of Miami-Dade County, Florida, endorse May 2015 as Water Safety Month in Miami-Dade County Public Schools.

H-18 REQUEST FOR APPROVAL OF RESOLUTION OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING SYBRINA FULTON

SUPERINTENDENT’S SPECIAL RECOGNITION:

  • Social Media Awareness Contest

SUPERINTENDENT’S SPECIAL PRESENTATION:

  • Employee Recognition for Years of Service

STUDENT PERFORMANCE:

  • Morningside K-8 Academy Chorus

AGENDA ITEMS ADDED/WITHDRAWN AFTER PUBLICATION OF THE AGENDA

DISCLOSURE OF VOTING CONFLICTS

CONSENT AGENDA

APPROVAL OF BID OPENING LISTS:

  • April 6, 9, and 14, 2015

APPROVAL OF BOARD MINUTES:

  • April 15, 2015 School Board Meeting

BOARD MEMBER RESOLUTIONS AND RECOGNITIONS (11:00 A.M.)

SUPERINTENDENT’S SPECIAL ORDERS OF BUSINESS (11:00 A.M.)

B. BOARD MEMBER ANNOUNCEMENTS (ANNOUNCEMENTS WILL BE HEARD AT THE CONCLUSION OF THE “H” ITEMS)

A., C. THROUGH G. ADMINISTRATION’S NEW BUSINESS ITEMS AND SCHOOL BOARD ATTORNEY’S ITEMS

A. SUPERINTENDENT’S PRIORITY ITEMS (ITEMS WILL BE HEARD AT APPROXIMATELY 5:00 P.M.)

C. INSTRUCTIONAL EXCELLENCE AND COMMUNITY ENGAGEMENT

D. SCHOOL SUPPORT ACCOUNTABILITY

E. INNOVATION, EFFICIENCY AND GOVERNMENTAL RELATIONS

F. FACILITIES AND CONSTRUCTION REFORM

G. SCHOOL BOARD ATTORNEY

H. OFFICE OF SCHOOL BOARD MEMBERS

  • Resolutions and Recognitions (11:00 a.m.)
  • Proposed Board Member Initiatives
  • Board Member Discussion Issues/New Business

I. OFFICE OF SCHOOL BOARD MEMBERS

  • Correspondence, Reports and Other Information (Pre-Taped Items)

REGULAR PUBLIC HEARING SPEAKERS AND/OR SPEAKERS TO CONSENT AGENDA ITEMS WILL BE HEARD IN ACCORDANCE WITH THE BOARD POLICY.

THE PUBLIC HEARING SHALL BEGIN NO LATER THAN APPROXIMATELY 6:30 P.M. THE CHAIR MAY BEGIN CALLING SPEAKERS WHO ARE PRESENT IMMEDIATELY FOLLOWING THE CONCLUSION OF THE REGULAR AGENDA. THE PUBLIC HEARING SHALL NOT CONCLUDE BEFORE 4:30 P.M., UNLESS ALL OF THE SPEAKERS SIGNED UP TO SPEAK ARE PRESENT AND HAVE BEEN GIVEN THE OPPORTUNITY TO SPEAK.

A. SUPERINTENDENT’S PRIORITY ITEMS

A-1 SUPERINTENDENT’S INFORMATIONAL REPORTS TO THE BOARD ON SELECTED TOPICS

  • Human Trafficking Public Service Announcement Poster Contest with State Attorney’s Office Katherine Fernandez Rundle
  • Quarterly Violence Update
  • Wells Fargo Check Presentation
  • 2015 Summer Learning

B. BOARD MEMBER ANNOUNCEMENTS

C. INSTRUCTIONAL EXCELLENCE AND COMMUNITY ENGAGEMENT

C-100 PROPOSED AMENDMENT OF BOARD POLICY: INITIAL READING: POLICY 2460, EXCEPTIONAL STUDENT EDUCATION

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to initiate rulemaking proceedings in accordance with the Administrative Procedure Act to amend Policy 2460, Exceptional Student Education, by repealing the document, Exceptional Student Education Policies and Procedures (SP&P) Effective Dates: 2013-2014 through 2015-2016, and promulgating the document Exceptional Student Education Policies and Procedures (SP&P) Effective Dates: 2014-2015 through 2016-2017, which is incorporated by reference and a part of this policy.

D. SCHOOL SUPPORT ACCOUNTABILITY

D-20 1. PERSONNEL ACTION LISTING OF INSTRUCTIONAL AND NON-INSTRUCTIONAL APPOINTMENTS, REASSIGNMENTS, LEAVES AND SEPARATIONS FROM MARCH 20, 2015 – APRIL 16, 2015

2. INSTRUCTIONAL PERSONNEL ASSIGNED TO TEACH OUT-OF-FIELD FROM MARCH 31, 2015 THROUGH APRIL 27, 2015

3. ACCEPTANCE OF RESIGNATIONS - DEFERRED RETIREMENT OPTION PROGRAM (DROP) LISTING 34

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. Approve the Personnel Action Listing 1071 for Instructional and Non-Instructional appointments, reassignments, leaves and separations from March 20, 2015–April 16, 2015.

2. Approve Instructional Personnel Assigned to Teach Out-of-Field from March 31, 2015 through April 27, 2015.

3. Accept resignations from employment of those Deferred Retirement Option Program (DROP) participants, included in DROP Listing 34, as of the dates indicated.

D-21 APPOINTMENTS AND LATERAL ASSIGNMENTS OF MANAGERIAL EXEMPT, PROFESSIONAL AND TECHNICAL PERSONNEL FOR 2014-2015

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the recommendations as set forth above for appointments and lateral transfers to be effective May 14, 2015, or as soon thereafter as can be facilitated, with the exception of the effective dates as noted throughout the agenda item.

D-23 REQUEST FOR AUTHORIZATION TO SUBMIT A CONTINUATION OF THE MIAMI-DADE COUNTY PUBLIC SCHOOLS (M-DCPS) MASTER PLAN FOR INSERVICE EDUCATION 2015-2016 TO THE FLORIDA DEPARTMENT OF EDUCATION FOR APPROVAL AND REQUEST FOR AUTHORIZATION TO UPDATE THE DISTRICT MASTER PLAN FOR IN-SERVICE EDUCATION 2014-2019 BY ADDING THREE NEW COMPONENTS.

RECOMMENDED: That The School Board of Miami-Dade County, Florida authorize the Superintendent to update the Master Plan for In-service Education 2014-2019 and submit a continuation of the Master Plan for In-service Education to the Florida Department of Education (FDOE) for approval, as required annually in accordance with State Board Rule 6A-5.071 (FAC).

D-55 DISCIPLINARY ACTION FOR EMPLOYEES

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the Superintendent’s recommendation for:

1. agreed upon disciplinary action; and

2. disciplinary action, pending the outcome of an administrative hearing or grievance/arbitration proceeding.

D-65 REQUEST SCHOOL BOARD APPROVAL OF ONE NEW CHARTER SCHOOL CONTRACT, SEVEN CHARTER SCHOOL RENEWALS AND SEVEN AMENDED CHARTER SCHOOL CONTRACTS

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. Approve one (1) new charter contract with True North Classical Academy, Inc., on behalf of True North Classical Academy, for a 5-year term, commencing with the 2015-2016 school year and ending on June 20, 2020.

2. Approve seven (7) charter school contract renewals with:

a. Miami-Dade Foundation for Educational Innovation, Inc., on behalf of Academy of International Education Charter School, for a 10-year term, commencing with the 2015-2016 school year, and ending on June 30, 2025;

b. Advantage Academy of Miami, Inc., on behalf of Advantage Academy Santa Fe, for a 5-year term, commencing with the 2015-2016 school year, and ending on June 30, 2020;

c. Archimedean Academy, Inc., on behalf of Archimedean Middle Conservatory, under Section 1002.331(3), F.S., High-Performing Charter Schools, for a 15-year term, commencing with the 2015-2016 school year, and ending on June 30, 2030;

d. BridgePrep Academy, Inc., on behalf of BridgePrep Academy South, under Section 1002.331(3), F.S., High-Performing Charter Schools, for a 10-year term, commencing with the 2015-2016 school year and ending on June 30, 2025;

e. BridgePrep Academy, Inc., on behalf of BridgePrep Academy of Greater Miami, for a 5-year term, commencing with the 2015-2016 school year and ending on June 30, 2020;

f. Lincoln-Marti Charter Schools, Inc., on behalf of Lincoln-Marti Charter School (International Campus), (i.) for a 5-year term, commencing with the 2015-2016 school year, and ending on June 30, 2020; and (ii.) increase the student enrollment as follows: (a) 2015-2016 SY: a maximum of 400 students; (b) 2016-2017 SY: a maximum of 500 students; (c) 2017-2018 SY: a maximum of 650 students; and (d) 2018-2020 SY: a maximum of 800 students;

g. Miami Community Charter School, Inc., on behalf of Miami Community Charter School, (i.) for a 2-year term; (ii.) to add Appendix V – Corrective Action Plan to the charter school; and (iii.) implement a Pilot Bilingual Program, commencing with the 2015-2016 school year and ending on June 30, 2017.

3. Approve seven (7) amended charter school contracts with:

a. Advantage Academy of Miami, Inc., on behalf of Advantage Academy of Math and Science at Summerville, to (i.) change the school's name from Advantage Academy of Math and Science at Summerville to Doral International Academy of Math and Science; (ii.) change the school’s location to a permanent facility located at 6700 N.W. 104th Avenue, Doral, Florida 33178; Folio No. 35-3017-001-0265, commencing with the 2016-2017 school year; and (iii.) decrease enrollment from 998 students to a maximum of 900 students, commencing with the 2015-2016 school year and ending on June 30, 2020;

b. Archimedean Academy, Inc., on behalf of Archimedean Upper Conservatory, under Section 1002.331(3), F.S., High-Performing Charter Schools, to increase enrollment from 320 students to a maximum of 336 students, commencing with the 2015-2016 school year and ending on June 30, 2018;

c. BridgePrep Academy, Inc., on behalf of BridgePrep Academy of Village Green, to increase enrollment from 600 students to a maximum of 828 students, commencing with the 2015-2016 school year and ending on June 30, 2016;

d. Miami Shores Village CSI Authority, on behalf of Doctor’s Charter of Miami Shores, under Section 1002.331(3), F.S., High-Performing Charter Schools, to increase enrollment from 600 students to a maximum of 690 students, commencing with the 2015-2016 school year and ending on June 30, 2020;

e. Excelsior Academies, Inc., on behalf of Excelsior Charter Academy, to change the school's location to a permanent facility located at 18200 N.W. 22nd Avenue, Miami Gardens, Florida 33056; Folio No. 34-2110-002-0010, commencing with the 2015-2016 school year and ending on June 30, 2017;

f. The Miami Boarding School, Inc., d/b/a The SEED School of Miami, to (i.) add a temporary facility located at 111 N.W. 183rd Street, Miami Gardens, Florida 33169; Folio No. 34-2101-000-0110; and (ii.) modify Section 2A)4) of the charter school contract, commencing with the 2015-2016 school year and ending on June 30, 2021; and

g. Youth Co-Op, Inc., on behalf of Youth Co-Op Charter School, under Section 1002.331(3), F.S., High-Performing Charter Schools, to increase enrollment from 850 students to a maximum of 1,000 students, commencing with the 2015-2016 school year and ending on June 30, 2023.

4. Approve a Reduction-in-Force/Layoff as needed, only to the extent described in this item as Total Initial Loss, in accordance with School Board policies and applicable collective bargaining agreements.

D-66 OPENING AND CLOSING HOURS OF SCHOOLS FOR THE 2015-2016 SCHOOL YEAR AND EXCEPTIONS TO THOSE HOURS

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approves the opening and closing hours of schools for the 2015-2016 school year and accept the listed exceptions to those hours.

D-67 EXPULSION AND ASSIGNMENT OF STUDENT TO ALTERNATIVE SCHOOL PROGRAM

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. expel the student specified in supplemental material SM-36 furnished under separate cover to School Board members, from the regular and adult programs of Miami-Dade County Public Schools and assigned to an alternative school/program for the maximum time permitted under law, which is the 2014-2015 school year, the 2015 summer session, and the 2015-2016 school year;

2. provide educational services in an alternative school/program during the term of the expulsion; and

3. following the term of the expulsion, permit the student to be returned to regular school programs in Miami-Dade County Public Schools, if approved by School Operations.

D-68 REQUEST AUTHORIZATION FOR STUDENTS TO TRAVEL OUT-OF-COUNTRY

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the:

1. out-of-country field trip to Paris, Loire Valley, Saint Malo and Normandy, France, for the students at International Studies Preparatory Academy at Gables;

2. out-of-country field trip to Berlin, Germany, for the students at John A. Ferguson Senior High School;

3. out-of-country field trip to Athens, Patras, Argolida, Greece, for the students at Maritime and Science Technology High School; and

4. out-of-country field trip to Rome and Florence, Italy, for the students at W.R. Thomas Middle School.

E. INNOVATION, EFFICIENCY AND GOVERNMENTAL RELATIONS

E-1 MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING MARCH 2015

RECOMMENDED: That The School Board of Miami-Dade County, Florida, receive and file the Monthly Financial Report for the period ending March 2015.

E-2 NON-EXPENDABLE PERSONAL PROPERTY INVENTORY REPORTS FOR JANUARY, FEBRUARY AND MARCH 2015

RECOMMENDED: That The School Board of Miami-Dade County, Florida, approve the Non-Expendable Personal Property Inventory Deletions containing 2,158 items with a depreciated cost of $742,515 and Recoveries containing 13 items with a depreciated cost of $4,784 to update the records for January, February and March 2015.

E-3 ACCOUNTS RECEIVABLE WRITE-OFF REQUEST

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to remove from the accounting records the outstanding accounts receivable balances totaling $103,858.42 owed by 46 former employees.

E-14 RESOLUTION NO. 2, FY 2014-15 GENERAL FUND SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. adopt Resolution No. 2, FY 2014-15 General Fund Spring Budget Review, decreasing revenues, appropriations and reserves by $1,380,552; and

2. adopt the Summary of Revenues and Appropriations (page 6 of the agenda item) and the Summary of Appropriations by Function (page 11 of the agenda item).

E-15 RESOLUTION NO. 2, FY 2014‑15 CAPITAL OUTLAY FUNDS SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. adopt Resolution No. 2, FY 2014-15 Capital Outlay Funds Spring Budget Review, increasing revenues, appropriations, and reserves by $10,242,705 and documenting estimated changes in object codes, as described above and summarized on page 6 of the agenda item.

2. authorize changes to the Five-Year Facilities Work Program which result from Resolution No. 2, FY 2014-15 Capital Outlay Funds Spring Budget Review.

E-16 RESOLUTION NO. 2, FY 2014-15 SPECIAL REVENUE FUNDS - OTHER FEDERAL PROGRAMS (CONTRACTED PROGRAMS) FUND SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. adopt Resolution No. 2, FY 2014-15 Special Revenue - Other Federal Programs (Contracted Programs) Fund Spring Budget Review, increasing revenues and appropriations by $8,640,967 and

2. adopt the Summary of Revenues and Appropriations (page 2 of the agenda item) and the Summary of Appropriations by Function (page 4 of the agenda item).

E-17 RESOLUTION NO. 2, FY 2014-15 SPECIAL REVENUE FUNDS – RACE TO THE TOP (RTTT) FUNDS SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. adopt Resolution No. 2, FY 2014-15 Special Revenue Funds – RTTT Funds Spring Budget Review, increasing revenues and appropriations by $666,667; and

2. adopt the Summary of Revenues and Appropriations (page 2 of the agenda item) and the Summary of Appropriations by Function (page 4 of the agenda item).

E-18 RESOLUTION NO. 2, FY 2014-15 INTERNAL SERVICE (HEALTH INSURANCE) FUND SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

3. adopt Resolution No. 2, FY 2014-15 Internal Service (Health Insurance) Fund Spring Budget Review, decreasing revenues, net position and expenses by $7,944,329; and

4. adopt the Summary of Revenues and Appropriations (page 3 of the agenda item).

E-19 RESOLUTION NO. 2, FY 2014-15 SPECIAL REVENUE FUNDS – OTHER ARRA STIMULUS GRANTS SPRING BUDGET REVIEW

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. adopt Resolution No. 2, FY 2014-15 Special Revenue Funds – Other ARRA Stimulus Grants Spring Budget Review, shifting budget out of Purchased Services and Other Expenses to Salary and Fringes.

2. adopt the Summary of Revenues and Appropriations (page 2 of the agenda item) and the Summary of Appropriations by Function (page 3 of the agenda item).

E-25 APPROVAL OF RESOLUTION 15-048 PROVIDING FOR ISSUANCE OF UP TO $310 MILLION TAX ANTICIPATION NOTES, SERIES 2015

RECOMMENDED: That The School Board of Miami-Dade County, Florida approve Resolution 15-048 providing for issuance of up to $310 million of Tax Anticipation Notes, Series 2015.

E-26 APPROVE RESOLUTION 15-049 AUTHORIZING ISSUANCE OF UP TO $200,000,000 GENERAL OBLIGATION BONDS SERIES 2015

RECOMMENDED: That The School Board of Miami-Dade County, Florida approve Resolution 15-049 authorizing issuance of up to $200,000,000 General Obligation Bonds Series 2015.

E-66 PROPERTY INSURANCE

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. confirm placement of its excess, all risk, replacement cost property insurance program, through Arthur J. Gallagher Risk Management Services, Inc., effective May 1, 2015 to May 1, 2016 consisting of total insurance limits of $300,000,000, per occurrence with the following insurers and annual premiums, inclusive of all state-required fees and assessments:

Carrier                                                Premium incl. Fees/Taxes

Allied World Assurance Co / (Amwins)                      $ 252,183.80
Alterra Excess & Surplus Ins. Co / (RPS)                   $ 273,045.40
Arch Specialty Ins. Company / (Amwins)                   $ 345,856.30
Ascot Syndicate (Lloyd’s)(AJGUK)                            $ 436,603.80
Aspen Specialty Insurance Company (RPS)                $ 113,429.00
Axis Surplus Insurance Company / (AJGUK)               $ 619,260.30
Axis Surplus Insurance Company/(RPS)                     $ 336,243.10
Brit Syndicate (Lloyd’s)/(RPS)                                 $ 173,623.00
Chubb Custom Insurance Company                          $ 183,167.50
Colony Insurance Company / (Amwins)                     $ 391,598.00
General Security Indemnity Company of AZ              $ 183,167.50
Great Lakes Reinsurance / (AJGUK)                         $ 477,063.30
Ironshore Specialty Insurance Co. / (RPS)               $1,172,301.80
Landmark American Ins. Company / (RPS)                $1,453,211.20
Lexington Insurance Company / (AJGUK)                 $2,494,519.10
Liberty Surplus Ins. Co. / (RPS)                                $ 540,912.50
Hiscox Syndicate (Lloyds)/(Amwins)                          $ 172,930.10
Lloyds of London various syndicates/ (AJGUK)          $6,792,760.60
National Fire & Marine (Berkshire)                            $ 631,244.90
Scottsdale Surplus Lines Ins. / (RP$)                         $ 441,782.00
Starr Surplus Lines Insurance Co.                             $ 183,167.50
Westport Insurance Co. (Swiss Re)                          $4,337,764.16
Westchester Surplus Lines Ins. / (RPS)                      $ 503,162.70
Zurich Steadfast Ins. Co./(RPS)                                  $ 79,541.50
TOTAL                                                             $22,588,539.06

2. confirm purchase of terrorism coverage, including domestic and foreign (T-3 form), subject to an aggregate limit of $50,000,000 property damage, $10,000,000 bodily injury from Lloyd’s of London, through Arthur J. Gallagher Risk Management Services, Inc., effective May 1, 2015 to May 1, 2016, with an annual premium of $97,500;

3. authorize renewal of flood insurance coverage with National Flood Insurance Program, (NFIP), through Arthur J. Gallagher Risk Management Services, Inc., for all properties required by the Federal Government to be covered with estimated premiums not to exceed $2.5 million for coverages effective for the 12-month period of May 1, 2015 to May 1, 2016

4. authorize consulting expenses to be paid to Siver Insurance Consultants to assist in policy review and issuance, preparation of the annual consultant’s report to The Bank of New York Mellon Trust Company, NA, and other required technical services with such fees to be paid at $150/hour, in an amount not to exceed $75,000 for the policy year with funding for such expenses to be paid from the District’s self-insured property fund;

5. authorize renewal of the adjusting services performed by Cunningham Lindsey for property adjusting services to be used on an as-needed basis when a loss would result in a liability to the District’s self-insured property program, with adjusting expenses to be as follows with expenses to be paid from the District’s self-insured property fund:

Hourly Rate

Adjuster

$92.00

Branch General Adjuster

$114.00

Regional General Adjuster

$133.00

Protégé Adjuster

$160.00

National General Adjuster

$185.00

Executive General Adjuster

$221.00

Senior Executive General Adjuster

$245.00

6. authorize the use of any of the Special Projects Consultants (SPC) firms under contract to the District, with associated fees, to access firms to produce sealed elevation certificates, pursuant to NFIP guidelines, subject to these firms’ current contracts with the District with expenditures for these services not to exceed $50,000 to be paid from the District’s self-insured property fund; and

7. authorize the Superintendent of Schools to seek a letter of reasonableness of its current property insurance program from the State of Florida, Department of Insurance Regulation, or designee, pursuant to the requirements of Section 406 of the Federal Stafford Act.

E-67 REQUEST FOR AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS (RFP) # 14-053-ND, DISTRICT MEDICARE ADVANTAGE RETIREE HEALTHCARE BENEFIT PROGRAM

RECOMMENDED: That The School Board of Miami-Dade County, Florida:

1. authorize the Superintendent of Schools to issue a Request For Proposals (RFP) #14-053-ND, District Medicare Advantage Retiree Healthcare Benefit Program; and

2. approve the composition of Ad-Hoc Committee.

E-201 REQUEST AUTHORIZATION TO ACCEPT GRANT AWARDS FOR THREE PROGRAMS FROM MULTIPLE FUNDING SOURCES AND ENTER INTO CONTRACTUAL SERVICE AGREEMENTS WITH THE AGENCIES PRESCRIBED IN THE GRANT

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to:

1. accept grant awards for three programs from:

a. Florida Department of Education (FLDOE) for funding under the Digital Learning Support grant, in the approximate amount of $1,495,181, for the grant period of March 20, 2015, through June 30, 2015;

b. Florida Department of Education (FLDOE) for funding under the Public Charter School Program 2013-16 -- iMater Academy Middle School, in the approximate amount of $255,000, for the grant period of April 1, 2013, through March 31, 2015; and

c. Florida Department of Education (FLDOE) for funding under the Public Charter School Program 2013-16 -- iMater Academy High School, in the approximate amount of $255,000, for the grant period of April 1, 2013, through March 31, 2015;

2. enter into contractual services agreements with the agencies prescribed in the grants, with whom the School Board must contract, pursuant to Board Policy 6320 - Purchase Approval and Competitive Bidding Process Requirements;

3. extend these programs and contractual agreements as authorized through official notification from the granting agency in order to complete the goals of the program;

4. retain funds from the grant in an amount not to exceed the annually negotiated indirect cost rate, as allowed and approved by the FLDOE;

5. direct Financial Services to establish appropriations in the amounts approved or as amended by the granting agency; such appropriations to be reported periodically to the Board;

6. authorize travel out-of-state as required by the grant parameters; and

7. upon cessation of the grant funds, any grant-funded position will be eliminated, and the impacted employee(s) will be placed on the Personnel Action Listing of Instructional and Non-Instructional Appointments, Reassignments, Leaves and Separations for the relevant period.

F. FACILITIES AND CONSTRUCTION REFORM

F-1 THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZE THE SUPERINTENDENT TO:

1) EXECUTE A LEASE AGREEMENT WITH THE CITY OF CORAL GABLES (“CITY”), FOR INTERIM USE OF A PORTION OF THE CENTRAL EAST TRANSPORTATION CENTER, LOCATED AT 7011 S.W. 4 STREET, MIAMI, FLORIDA (“SITE”), FOR THE STORAGE AND MAINTENANCE OF CITY TROLLEYS;

2) ACCEPT A ONE-TIME CONTRIBUTION FROM THE CITY OF $200,000, AS CONSIDERATION FOR INTERIM USE OF THE SITE BY THE CITY, TO BE USED TO FUND THE REPLACEMENT OF THE SEATING IN THE CORAL GABLES SENIOR HIGH SCHOOL AUDITORIUM; AND

3) GRANT OR DENY ALL APPROVALS REQUIRED UNDER THE LEASE AGREEMENT, INCLUDING PLACING THE CITY IN DEFAULT, AND RENEWING, EXTENDING, CANCELING, OR TERMINATING THE AGREEMENT

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to:

1) execute a lease agreement with the City of Coral Gables (“City”), for interim use of a portion of the Central East Transportation Center, located at 7011 S.W. 4 Street, Miami, Florida (“Site”), for the storage and maintenance of City trolleys, under, substantially, the terms and conditions noted in the agenda item;

2) accept a one-time contribution from the City of $200,000, as consideration for interim use of the Site by the City, to be used to fund the replacement of the seating in the Coral Gables Senior High School auditorium; and

3) grant or deny all approvals required under the Lease Agreement, including placing the City in default, and renewing, extending, canceling or terminating the Agreement.

F-2 AUTHORIZATION FOR THE SUPERINTENDENT TO:

1. EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE SCHOOL BOARD AND MIAMI-DADE FOUNDATION FOR EDUCATIONAL INNOVATION (“MDFEI”), FOR THE OPERATION OF A DISTRICT-MANAGED CHARTER SCHOOL AT 1080 LA BARON DRIVE, MIAMI SPRINGS, FLORIDA; AND

2. GRANT OR DENY ALL APPROVALS REQUIRED UNDER THE LEASE AGREEMENT, INCLUDING PLACING MDFEI IN DEFAULT, AND RENEWING, EXTENDING, CANCELING OR TERMINATING THE AGREEMENT

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to:

1. execute an amendment to the agreement between the School Board and Miami-Dade Foundation for Educational Innovation (“MDFEI”), for the operation of a District-managed Charter School at 1080 La Baron Drive, Miami Springs, to extend the term for the period of July 1, 2015 through June 30, 2025, and under, substantially, the terms and conditions noted in the agenda item; and

2. grant or deny all approvals required under the Lease Agreement, including placing MDFEI in default, and renewing, extending, canceling or terminating the Agreement.

F-3 AUTHORIZATION FOR THE CHAIR AND SECRETARY TO EXECUTE A GRANT OF EASEMENT AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY FOR THE ELECTRICAL SERVICE REQUIREMENTS ASSOCIATED WITH CONSTRUCTION OF THE DOWNTOWN DORAL CHARTER ELEMENTARY SCHOOL, LOCATED AT 8390 NW 53 STREET, DORAL, FLORIDA

RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Chair and Secretary to execute a Grant of Easement Agreement with Florida Power and Light Company for electrical service requirements associated with the construction of the Downtown Doral Charter Elementary School, as described in the agenda item.

F-21 AUTHORITY TO AMEND THE CAPITAL CONSTRUCTION BUDGET RELATED TO THE GENERAL OBLIGATION BOND (GOB)

RECOMMENDED: That The School Board of Miami-Dade County, Florida authorize the Superintendent to:

1) adjust the capital budget related to the General Obligation Bond (GOB) in the amount of $4,790,862;

2) make the changes to the five-year facilities work program resulting from these budget adjustments.

F-24 AWARD TO MAC CONSTRUCTION
JOB ORDER CONTRACT/15 Open Market
CONTRACT # JOC15O-A1

AWARD TO GEC ASSOCIATES
JOB ORDER CONTRACT/15 Open Market
CONTRACT # JOC15O-A2

RECOMMENDED: That The School board of Miami-Dade County, Florida award for Facilities Operations, Maintenance on the basis of the weighted factor to the low bidders as follows:

Contract/Project No. JOC15O-A1 on the basis of the weighted factor of 0.8450 to the low bidder:

M.A.C. CONSTRUCTION, INC.
9500 NW 12 STREET, BAY 2
DORAL, FLORIDA 33172

Contract/Project No. JOC 15O-A2 on the basis of the weighted factor of 0.8459 to the low bidder:

GEC ASSOCIATES, INC.
9487 N.W. 12 STREET
DORAL, FLORIDA 33172

F-34 CHANGE ORDER CONFIRMATION OR APPROVAL

RECOMMENDED: That The School Board of Miami-Dade County, Florida, confirm or approve Change Order No. 1 onProject No. 01224800, a new charter elementary school in Downtown Doral, for an additional cost of $133,974.00.

F-61 AWARD BID NO. ITB-14-022-SLY – PURCHASE AND INSTALLATION (RETROFIT) OF LED TROFFERS

RECOMMENDED: That The School Board of Miami-Dade County, Florida, AWARD Bid No. ITB-14-022-SLY – PURCHASE AND INSTALLATION (RETROFIT) OF LED TROFFERS, to establish contracts, at firm unit prices, for (a) the purchase of LED Troffers, to be provided by M-DCPS, and (b) the installation (retrofit) of LED Troffers, to be provided by the awardees, which will include supervision and provision of all labor, miscellaneous supplies and materials necessary for the installation, for The School Board of Miami-Dade County, Florida, including extensions thereto, as follows:

PURCHASE OF LED TROFFERS

PRIMARY

1. LED ARE US, LLC SBE/MBE
9840 N.W. 77 AVENUE
HIALEAH GARDENS, FL 33016
OWNER: JAMES KNIPS, PRESIDENT

ALTERNATE

2. RK ELECTRICAL CONTRACTORS, INC. SBE/MBE
7750 W. 24 AVENUE, #26
HIALEAH, FL 33016
OWNER: RAFAEL SANCHEZ, PRESIDENT

INSTALLATION OF LED TROFFERS

PRIMARY

3. METRO CONTRACTORS, INC. SBE
7854 N.W. 165 STREET
MIAMI LAKES, FL 33016
OWNER: AMAT FERNANDEZ, PRESIDENT

ALTERNATE

4. J. P. MORAN, INC. SBE/MBE
13288 S.W. 120 STREET
MIAMI, FL 33186
OWNER: SUSAN C. MORAN, PRESIDENT

5. Authorize Procurement Management Services to purchase up to the total estimated amount of $1,555,458 for the initial contract term, and an amount not to exceed $1,333,250 for each subsequent one (1) year extension period. Board authorization of this recommendation does not mean the amount shown will be expended.

G. SCHOOL BOARD ATTORNEY

G-1 SETTLEMENT AGREEMENTS: MIAMI-DADE COUNTY SCHOOL BOARD v. MARGARETTE PIERRE-LOUIS, DOAH Case No. 15-0976; MIAMI-DADE COUNTY SCHOOL BOARD v. JOSEPH CHIU, DOAH Case No. 15-1531; MIAMI-DADE COUNTY SCHOOL BOARD v. MARIA G. ALONSO, DOAH Case No. 15-1769TTS

RECOMMENDED:That The School Board of Miami-Dade County, Florida, approve the proposed Settlement Agreement in the following cases:

a) Miami-Dade County School Board, Florida v. Margarette Pierre-Louis, DOAH Case No. 15-0976, rescinding Respondent’s thirty (30) day suspension and awarding her back pay for the time of her suspension;

b) Miami-Dade County School Board, Florida v. Joseph Chiu, DOAH Case No. 15-1531, suspending Respondent without pay for the period of his suspension already served and reinstating him to his position as an ERP Analyst with the School Board, under the conditions specified in the settlement agreement; and

c) Miami-Dade County School Board, Florida v. Maria G. Alonso, DOAH Case No. 15-1769TTS, suspending Respondent without pay for the period of her suspension already served and reinstating her to her position as a school teacher with the School Board, under the conditions specified in the settlement agreement.

H. OFFICE OF SCHOOL BOARD MEMBERS

Resolutions and Recognitions (11:00 a.m.)

Proposed Board Member Initiatives

H-3 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-052 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE 20TH ANNUAL H.O.P.E CONTEST WINNERS

H-4 REQUEST APPROVAL OF RESOLUTION NO. 15-049 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING NATIONAL SAFE BOATING WEEK MAY 16-22, 2015

H-5 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-044 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING READ CONMIGO AND BILINGUAL LITERACY MONTH

ACTION PROPOSED BY DR. LAWRENCE S. FELDMAN: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-044 of The School Board of Miami-Dade County, Florida, recognizing Read Conmigo and Bilingual Literacy Month.

H-6 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-043 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING MAY 2015 AS HAITIAN HERITAGE MONTH AND AUTHORIZING ADMINISTRATIVE ACTIONS TO FOSTER RELATED ACTIVITIES

ACTION PROPOSED BY DR. WILBERT “TEE” HOLLOWAY: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-043 of The School Board of Miami-Dade County, Florida, recognizing May 2015 as Haitian Heritage Month and authorizing administrative actions to foster related activities.

H-7 REQUEST APPROVAL OF RESOLUTION NO. 15-050 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING HAMMOCKS MIDDLE SCHOOL TEACHER MS. SUSAN RYAN

H-8 Request approval of resolution no. 15-045 OF the School board of miami-dade county, florida, RECOGNIZING THE SOUTH DADE SENIOR HIGH WRESTLING TEAM

ACTION PROPOSED BY DR. LAWRENCE S. FELDMAN: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-045 of The School Board of Miami-Dade County, Florida, recognizing the South Dade Senior High Wrestling Team.

H-9 BOARD ENDORSEMENT OF THE “CLICK IT OR TICKET” NATIONAL SEAT BELT ENFORCEMENT SAFETY CAMPAIGN, MAY 18 THROUGH MAY 31, 2015

ACTION PROPOSED BY CHAIR PERLA TABARES HANTMAN: That The School Board of Miami-Dade County, Florida, endorse the U.S. Department of Transportation’s “Click It or Ticket” National Seat Belt Enforcement Safety Campaign, May 18 through May 31, 2015, and encourage a year-round habit for students, parents and District employees to always buckle up when in a vehicle.

H-10 SCHOOL BOARD ENDORSEMENT RECOGNIZING MAY 2015 AS VISION HEALTH AWARENESS MONTH

ACTION PROPOSED BY CHAIR PERLA TABARES HANTMAN: That The School Board of Miami-Dade County, Florida, approve the endorsement of May 2015 as Vision Health Awareness Month.

H-11 REQUEST APPROVAL OF RESOLUTION NO. 15-046 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE STUDENT WINNERS OF THE YOUTH CRIME WATCH OF MIAMI-DADE POSTER AND ESSAY CONTEST

ACTION PROPOSED BY MS. RAQUEL REGALADO: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-046 of The School Board of Miami-Dade County, Florida, recognizing the student winners of the Youth Crime Watch of Miami-Dade Poster and Essay Contest.

H-12 REQUEST APPROVAL OF RESOLUTION NO. 15-047 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING THE ASSOCIATION OF CUBAN HOME ECONOMICS TEACHERS IN EXILE

ACTION PROPOSED BY MS. RAQUEL REGALADO: that The School Board of Miami-Dade County, Florida, approve Resolution No. 15-047 of The School Board of Miami-Dade County, Florida, recognizing the Association of Cuban Home Economics Teachers in Exile.

H-13 REQUEST FOR APPROVAL OF RESOLUTION NO. 15-051 OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING JUSTINE PADRÓN OF JOSÉ MARTÍ MAST 6-12 ACADEMY AS THE WINNER OF ZOO MIAMI’S & LOCAL10’S ECO-HERO CONTEST

ACTION PROPOSED BY CHAIR PERLA TABARES HANTMAN: That The School Board of Miami-Dade County, Florida, approve Resolution No. 15-051 of The School Board of Miami-Dade County, Florida, recognizing Justine Padrón of José Martí Mast 6-12 Academy as the winner of Zoo Miami’s & Local10’s Eco-Hero Contest.

H-14 THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZE THE SUPERINTENDENT TO EXPLORE ALTERNATIVE WAYS TO INCREASE COST-SAVINGS AND GREATER EFFICIENCIES IN THE DELIVERY METHOD OF SAVINGS REGARDING HEALTHCARE FOR ALL THE DISTRICT’S NON-FULL TIME EMPLOYEES

ACTION PROPOSED BY DR. WILBERT “TEE” HOLLOWAY: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to explore alternative ways to increase cost-savings and greater efficiencies in the delivery methods of savings regarding healthcare for all the District’s non-full-time employees.

H-15 SCHOOL BOARD ENDORSEMENT OF MAY 2015 AS WATER SAFETY MONTH IN MIAMI-DADE COUNTY PUBLIC SCHOOLS

ACTION PROPOSED BY DR. MARTA PÉREZ: That The School Board of Miami-Dade County, Florida, endorse May 2015 as Water Safety Month in Miami-Dade County Public Schools.

H-16 COMPUTER LITERACY SKILLS FOR RETIRED EMPLOYEES

ACTION PROPOSED BY DR. MARTA PÉREZ: That The School Board of Miami-Dade County, Florida, explore ways to provide computer literacy skills to retired employees and report back to the Board by the July 15, 2015 School Board Meeting.

H-17 PUBLIC PARTICIPATION AT BOARD MEETINGS

ACTION PROPOSED BY DR. MARTA PÉREZ: That The School Board of Miami-Dade County, Florida, consider providing a statement to the public during the commencement of the Board’s public hearing that would adequately inform the public of what is not considered protected speech, the Board’s decorum policies, and provide an admonition against violation of these policies.

H-18 REQUEST FOR APPROVAL OF RESOLUTION OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, RECOGNIZING SYBRINA FULTON

H-19 FOR THE DISTRICT TO EXPLORE WAYS TO PROMOTE SUMMER PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR TEACHERS AS PART OF THE DISTRICT’S DIGITAL CONVERGENCE PLAN

ACTION PROPOSED BY LUBBY NAVARRO: That The School Board of Miami-Dade County, Florida, direct the Superintendent to explore ways to promote summer professional development opportunities for teachers as part of the District’s Digital Convergence Plan.

Board Member Discussion Issues/New Business

I. OFFICE OF SCHOOL BOARD MEMBERS

I-1 CORRESPONDENCE, REPORTS, AND OTHER INFORMATION

Individual Board members may present correspondence addressed to them, reports from various committees on which they serve as School Board Liaison, and other education-related information of interest to the public. This item is pre-taped and will be aired upon conclusion of the Board meeting.

ADJOURNMENT

/pr

05.13.15

 

 

AGENDA SECTIONS

A | B | C | D | E | F | G | H | I

 

 

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.