THE SCHOOL BOARD OF

ESCAMBIA COUNTY, FLORIDA

 

MINUTES, MAY 17, 2002

 

The School Board of Escambia County, Florida, convened in Emergency Meeting at 9:35 a.m., in the Board Room, at the Dr. Vernon McDaniel (Administration) Building, 215 West Garden Street, Pensacola, Florida, with the following present:

 

Chairman: Dr. John DeWitt

Vice Chairman: Ms. Linda Finkelstein

 

Board Members:            Mr. Gary L. Bergosh

Mrs. Cary Stidham

Dr. Elmer Jenkins

 

School Board Attorney:  Mr. Francisco M. Negron, Jr.

 

Superintendent of Schools:  Mr. Jim Paul

 

NOTE:  The purpose of the Emergency Meeting, was to address the tragic drowning incident that occurred during a field trip to Pensacola Beach, on May 10, 2002.  The incident involved Earl Beasley, a student enrolled at Gulf Coast High School (a charter school operated by the Intervention Group, Inc.).

 

I.  CALL TO ORDER

Dr. DeWitt called the Emergency Meeting to order at 9:37 a.m.

 

The Superintendent made the following statement:

“It is with great sadness that the Board Chairman and I felt it appropriate to convene this Emergency Meeting today.  I am sure all of you join me in extending our heartfelt sympathy to the Beasley family, as well as to the students and staff of Gulf Coast High School.  Upon hearing of the tragedy last Friday (May 10, 2002) afternoon, I immediately contacted Charles Thomas, Director of Alternative Education, and asked him to contact the principal of Gulf Coast High School to offer the District’s assistance.  I then contacted Joe Bernard, Director of Risk Management, and asked that he begin a review of circumstances surrounding this incident.  Dr. Garth Grove, Coordinator of Guidance Services, was then contacted and asked to make available, a team of crisis counselors to attend to the emotional needs of the students and staff at Gulf Coast High School.  The following Monday (May 13, 2002) morning, an investigative team made up of the Director of Alternative Education, Director of Risk Management, and the School Board General Counsel began a formal investigation of the incident leading to the death of Earl Beasley.  Once the team completed their review (Supplementary Minute Book, Exhibit “A”), I then assembled members of my senior staff to discuss the findings and recommendations.  After a lengthy discussion, it was clear to me that the findings of systemic failure of the school’s staff to safeguard the health, safety and welfare of children entrusted to their care necessitated immediate action.  Because I am satisfied with the process, specificity and depth of the investigation, and in keeping with my responsibilities of Superintendent of Schools, and in accordance with Florida Law, I am bringing the following recommendations:

1)  That the Gulf Coast High School Charter should be terminated at midnight tonight pursuant to section 228.056(11)(D), Florida Statutes, as a threat to the health, safety and welfare of students in its care.

2)  That the School Board suspend the application of the Intervention Group, Inc. for an elementary school at the Dixon property pending its review of the Intervention Group, Inc.’s practices, to determine whether the collective/systemic failures that led to this instant tragedy may occur at the Intervention Group, Inc.’s prospective charter on the Dixon property; and

3)   That a charter should not be granted to the Intervention Group, Inc., for the Dixon property until such time as the School Board and the Superintendent are satisfied the operation of the prospective charter does not pose a threat to the health, safety and welfare of its students.” 

 

Motion was made by Mrs. Stidham to accept the Superintendent’s recommendations (1-3).  Dr. DeWitt seconded the motion for discussion purposes.

 

Mr. Robert Condon, attorney for the Intervention Group, Inc., explained that the Board of Directors (of Gulf Coast High School) had directed him to conduct a full investigation of the incident.  He stated that his investigation would be completed by Monday, May 20, 2002, with a formal report rendered to the Board of Directors (of Gulf Coast High School) on Wednesday, May 23, 2002.  He requested that the School Board allow time for the investigation to be completed and for the Board of Directors (of Gulf Coast High School) to take any necessary actions, in response to the investigation, prior to action by the School Board.  Dr. Jenkins believed that rather than making a “knee-jerk” response, the School Board should postpone any action until the investigation by Mr. Condon was completed.  He noted that Gulf Coast High School students participated in the same field trip last school year “without any problems” and believed that this was an “isolated incident.”  He stated that while this was a tragic incident, he did not believe that it should interfere with the education of other students at Gulf Coast High School. He also did not believe that this particular incident would affect the ability of the Intervention Group, Inc. to have an elementary charter school at the Dixon property.  Mrs. Stidham was concerned that the Board of Directors (of Gulf Coast High School) had not recommended the ‘suspension’ of all individuals involved in the incident, before an investigation.  She questioned “if a Board is not willing to take those steps, then how we can assured that safety is going to continue?”  Mr. Bergosh stated that because there were “unacceptable failures of leadership out at the beach that day,” he had concerns that there may be “systemic failures” at Gulf Coast High School.  He suggested that the District conduct a ten (10) day review of Gulf Coast High School, to determine whether or not there are “systemic failures” that may threaten the “everyday” safety, health or welfare of the students enrolled at Gulf Coast High School.  He believed that the application of the Intervention Group, Inc., for an elementary charter school at the Dixon property should be suspended until the ten (10) day review was completed.  Ms. Finkelstein stated that she would “like to see insight and assurance from the charter school so that the District can feel confident that these students are safe,” noting that at this point, she was unable to determine whether there were “continuing problems” at Gulf Coast High School.  She stated however, that she did not want to disrupt the end-of-the-school-year processes (i.e., final examinations, graduation) for the students enrolled at Gulf Coast High School.  In response to comments by Dr. Jenkins, Mr. Condon explained that while both the charter for Gulf Coast High School and for an elementary school at the Dixon property, would be operated by the Intervention Group, Inc., each would be governed by a separate Board of Directors.  The Superintendent believed that a ten (10) day investigation was unacceptable, noting that he had already conducted an investigation, which he believed, had shown a threat to the health, safety or welfare of the students at Gulf Coast High School.  He stated that if the Board chose to accept his recommendation to terminate the charter at Gulf Coast High School, there was a ‘team’ in place, to assume operation of the school.  Mr. Darnell Sims, principal of Gulf Coast High School, explained that as information was received from the investigation by Mr. Condon, the Board of Directors (of Gulf Coast High School) would respond by taking all necessary actions.  He explained that this incident was a tragic, yet “isolated” event and stated that the students of Gulf Coast High School were “not in any danger at school.”  Upon inquiry by Mrs. Stidham, Mr. Negron stated that “this Board does not have the kind of negligence liability that I believe exists for Gulf Coast High School.  Gulf Coast High School is exempt by law from following School Board rules.  We have no authority, no direction over their employees.”  It was his opinion, that “at this point, if that school continues to exist” and should another accident occur, then there would be “a very good argument that could be made that this Board has vicarious liability – that means you were on duty, on notice – you knew that school posed a danger and you did nothing.”  He stressed however, that he was not “not conceding this Board’s liability.”  

Mr. Bergosh made a substitute motion to direct the Superintendent to conduct a review of Gulf Coast High School, to determine whether or not there are “systemic failures” that may threaten the “everyday” safety, health or welfare of the students at Gulf Coast High School, to be presented to the School Board within ten (10) days; that the School Board suspend the application of the Intervention Group, Inc., for an elementary school at the Dixon property pending its review of the Intervention Group, Inc.’s practices, to determine whether the collective/systemic failures that led to this instant tragedy may occur at the Intervention Group, Inc.’s prospective charter on the Dixon property; and that a charter should not be granted to the Intervention Group, Inc. for the Dixon property until such time as the School Board and the Superintendent are satisfied the operation of the prospective charter does not pose a threat to the health, safety and welfare of its students.  Substitute motion was seconded by Ms. Finkelstein.

Dr. DeWitt suggested that Gulf Coast High School continue operation through the end of the current school year (May 23, 2002), with the District to assign staff at the school to provide direct supervision, and that a Special Meeting be scheduled for Thursday, May 23, 2002 for the School Board to review the investigative report by Mr. Condon and the investigation by the District regarding any “systemic failures” at Gulf Coast High School.  Mr. Negron believed that the suggestion by Dr. DeWitt “was exceedingly bad, in the terms of negligence and the liability to which it would subject this Board.”  He stated that the legal issue for this Board is negligence.  I think that this Board ought to be concerned with the perception, the legal perception that you are linking yourself to this school more than you have a legal duty to do.  If you send people in there, assume with them some sort of agreement – you are in some sort of arguable way, ratifying the behavior – linking yourself to a school that is not bound by your safety standards – I advise against that.”  Substitute motion failed 3 to 2, with Mrs. Stidham, Dr. DeWitt and Ms. Finkelstein voting “No.”  Original motion failed 3 to 2, with Mr. Bergosh, Ms. Finkelstein and Dr. Jenkins voting “No.”

Motion was made by Dr. DeWitt, seconded by Mr. Bergosh, to direct the Superintendent to assign staff (at least a principal, and any additional staff that the Board or Superintendent believe is necessary) to Gulf Coast High School to provide direct supervision through May 23, 2002 (the end of the current school year) and that a Special Board Meeting be scheduled for May 23, 2002 for the Board to review the investigative report by Mr. Condon and the investigation by the District regarding any “systemic failures” at Gulf Coast High School.  Mr. Negron stated that “any argument that you have in your defense that there were not systemic failures, you are very likely now waiving because it is not of such a level that this requires immediate closure.  Any argument that you subsequently make, about anything that happened at the beach as a safety concern, you have now ‘watered down’ by your decision to continue the operation of that school.  So that you now have to go and find some other evidence and other concerns in the operation of this school that gives rise to whatever subsequent decision you make.”  Motion was approved 3 to 2, with Mrs. Stidham and Dr. Jenkins voting “No.”

 

II.  ADJOURNMENT

There being no further business, the Emergency Meeting adjourned at 11:00 a.m.

 

Attest:

Approve:

Superintendent Chairman