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Res 81-03RESOLUTION NO. 81-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, SUPPORTING A SCHOOL OF CHOICE WITH A PRIORITY ZONE FOR MIDDLE SCHOOL 98-GG LOCATED IN BOCA RATON, FLORIDA THAT ALSO SERVES STUDENTS OF DELRAY BEACH WHEREAS, the City of Delray Beach places a high priority on providing its students with the best educational opportunities as possible; WHEREAS, the City of Delray Beach believes that supporting a School of Choice for Middle School 98-GG would be in the best interest of its students by letting them choose if they wish to attend a school with a High-Tech component or attend their existing school; WHEREAS, Middle School 98-GG would provide an additional choice for Delray Beach students along with the expansion of the Village Academy Middle School, Carver Middle School IB program and the addition of 6m grade at S.D. Spady; and WHEREAS, the City of Dekay Beach would support Middle School 98-GG as a total choice school without attendance boundaries, if the School Board creates a "priority zone" for the students living in Delray Beach mirroring the boundaries as proposed on Boundary Study GG-4; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida supports the designation of Middle School 98- GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 (to include approximately 300 students). Section 2. The City of Delray Beach, Florida affirms its willlngness to continue its support of Palm Beach County Public Schools that serves Delray Beach Students. Section 3. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Superintendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 9th day of December, 2003. ATrPzST: City Clerk 2 RES. NO. 81-03 '1 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT JANET MEEKS, EDUCATION COORDINATOR MEETING OF DECEMBER 9, 2003 CONSIDERATION OF A RESOLUTION FOR MIDDLE SCHOOL 98-GG LOCATED SOUTH OF YAMATO ROAD EAST OF MILITARY TRAIL (1798 NW 4OTH STREET)~ BOCA RATON BACKGROUND Middle School 98-GG is to be opened in the fall of 2004 with a capacity of 1300 students. 98-GG will be a high tech middle school with a traditional coursework curriculum that will be enhanced by the most up to date technology enhancements (see attached brochure). The District had anticipated that this school would contain boundaries for 800 students and 500 students were to be selected by a lottery system serving students from Lantana Road to the southern boundaries of Palm Beach County. The purpose of creating a partial boundary for the school was to provide enrollment relief to Carver, Boca Raton, and Eagles Landing Middle Schools. However, late in the boundary process the City of Boca Raton sent a Resolution to the District encouraging the District to designate 98-GG a school of choice with no boundaries. Boca Raton has requested that Delray Beach support them in the concept of a choice school. Provided below is the history of the boundary process and the advantages under both scenario's. History: The Attendance Boundary Committee (ABC) discussed 4 different boundary proposals for 98-GG. In general approximately 300 students would be moved out of Carver Middle School to provide enrollment relief with a resulting capacity of around 100%. Delray subdivisions being considered as part of the boundaries are located in the southeast section of the City along both sides of the 1- 95 Corridor (see attached Map). The District hosted two community input meetings of which both were held in Boca Raton to discuss the new boundaries. At those meetings, no comments were made by Delray Beach parents regarding the proposed boundaries. Most of the comments made by Boca Raton parents related to changes being made to existing schools in west Boca (Logger's Run, Eagle Landing and Omni). Minimal comments were made by parents whose children were to be moved to the new school. Very late in the process, the City of Boca Raton sent a Resolution to the District requesting that 98-GG be a total choice school with no assigned boundaries. One ABC member presented arguments that sending students from Delray Beach to this new school would violate School Board Policies, however the School Board Attorney found those allegations to be unsubstantiated (see attached letter). The ABC voted 11-3 to recommend to the Superintendent approval of Boundary Study 98-GG Study GG-4 which provides for partial boundaries. At a subsequent School Board Workshop meeting with the ABC, there was support by at least two of the School Board members for 98-GG to become a choice school. It was suggested that since there was not a voice heard from the Delray Beach parents that an additional Community input meeting be held in Delray Beach (see discussion below). The School Board is to discuss this issue again at their workshop meeting of December 8th. 'City' Commission Documentation Consideration of a Resolution for Middle School 98-GG · Page 2 Education Board Meeting of December 1, 2003: The Education Board discussed this boundary issue at their meeting of December 1st. It was the consensus of the Board that they support any proposal that does not undermine the construction of a new Middle School of the Arts at the existing Atlantic High School site. Community Input Meeting December 3, 2003 at Pine Grove: The District held a community input meeting at Pine Grove Elementary School to discuss the various Middle School options in Delray Beach. Presentations were made by the Principals from Carver Middle School, S.D. Spady Elementary School (6th grade addition), Village Academy and 98-GG. This meeting was very poorly attended and really did not give the District a good indication of whether or not Delray Beach parents would prefer to stay at their existing schools or be moved to the new school. Positive Aspects of the School with a Partial Boundary: · There would be a guarantee that a large number of Delray Beach students would be afforded a middle school experience with enhanced technology access; · 98-GG would open with a diverse soci-economic student population; · All of Pine Grove Elementary School students would attend the new school. Currently, the students are split between Boca Raton, Carver, and Omni Middle Schools. Thus, all the students would be together from K-12th grade, which fulfills one of the District goals to create a clean "feeder pattern"; · Enrollment relief would be provided to Carver Middle School so that it is functioning at its intended capacity of approximately 1,300 students and could eliminate most of the existing 20 portables. While Carver Middle School is currently at 108% capacity which is within the concurrency level of service, demographic projections shows that the concurrency threshold will be exceeded in 2006 (112%), if enrollment relief is not provided. Positive Aspects of a Choice School: · A total choice school could give more students in Delray Beach an opportunity to attend the school if they wished; · All of the students that attend 98-GG would be there by choice which works well at Morikami Elementary School. When Pine Grove School of the Arts had a boundary and lottery system, it was not very effective and the magnet program was subsequently eliminated; · The extra travel time to the new school would be by choice; and · If enrollment relief is not provided to Carver Middle school, it strengthens the need for an additional middle school on the existing Atlantic High School site that will eventually bring home more of our students from Boca Raton schools. The City Commission should base its decision on the plan that they think will provide the best academic access and opportunities to the students living in Delray Beach. If the Commission chooses to support a choice school, it should be based on the District providing a "priority zone" (similar to those found on Study GG-4 to include approximately 300 students) to give Delray Beach Students first choice to help provide enrollment relief to Carver Middle School. 'City' Commission Documentation Consideration of a Resolution for Middle School 98-GG , Page 3 ALTERNATIVE ACTIONS A. Continue with direction and concurrence. B. Approve the Resolution that encourages the School Board to approve Middle School 98-GG with boundaries as provided in Boundary Study GG-4. C. Approve the Resolution that supports the designation of Middle School 98-GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 students. RECOMMENDED ACT'ON By motion, approve the Resolution that supports the designation of Middle School 98-GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 students. Attachments: · Boundary Map Study GG-4 · Middle School Brochure · School Board Attorney's Opinion Letter · Resolutions RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A SCHOOL OF CHOICE WITH A PRIORITY ZONE FOR MIDDLE SCHOOL 98-GG LOCATED IN BOCA RATON, FLORIDA THAT ALSO SERVES STUDENTS OF DELRAY BEACH WHEREAS, the City of Delray Beach places a high priority on providing its students with the best educational opportunities as possible; WHEREAS, the City of Dekay Beach believes that supporting a School of Choice for Middle School 98-GG would be in the best interest of its students by letting them choose if they wish to attend a school with a High-Tech component or attend their existing school; WHEREAS, Middle School 98-GG would provide an additional choice for Delray Beach students along with the expansion of the Village Academy Middle School, Carver Middle School IB program and the addition of 6~ grade at S.D. Spady; and WHEREAS, the City of Delray Beach would support Middle School 98-GG as a total choice school without attendance boundaries, if the School Board creates a "priority zone" for the students living in Dekay Beach mirroring the boundaries as proposed on Boundary Study GG-4; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Dekay Beach, Florida supports the designation of Middle School 98-GG as a total choice school with a priority zone for Dekay Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 (to include approximately 300 students). Section 2. The City of Dekay Beach, Florida affirms its xvillingness to continue its support of Palm Beach County Public Schools that serves Delray Beach Students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Superintendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 8~ day of December, 2003. ATI'EST: MAYOR City Clerk Res. No. 22-02 RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING BOUNDARY STUDY GG-4 FOR MIDDLE SCHOOL 98-GG LOCATED IN BOCA RATON, FLORIDA THAT ALSO SERVES STUDENTS OF DELRAY BEACH WHEREAS, the City of Delray Beach places a kigh priority on providing its students with the best educational opportunities as possible; WHEREAS, the City of Delray Beach supports the boundary plan in order to provide enrollment relief to Carver Middle School, WHEREAS, Middle School 98-GG with 500 seats to be selected by a lottery system will provide an additional choice for De[ray Beach students along with the expansion of the Village Academy Middle School, Carver Middle School IB program and the addition of 6~h grade at S.D. Spady; and WHEREAS, the City of Delray Beach believes that supporting Boundary study GG-4 as recommended by the Attendance Boundary Committee and the Superintendent is in the best interest of its students hving in the southeast section of the City by providing them with an opportunity to experience a school environment with enhanced technology. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida supports Middle School 98-GG with boundaries for 800 students and 500 students to be selected by the lottery system as proposed in Boundary Study GG-4 as recommended by the Attendance Boundary Cormmttee and the Superintendent of Schools. Section 2. The City of Delray Beach, Florida affirms ks willingness to continue its support of Palm Beach County Public Schools that serves Delray Beach Students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School Disn-ict of Palm Beach County and Superintendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 82 day of December, 2003. ATI'EST: MAYOR City Clerk Res. No. 22-02 of Boca 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Incorpo,-ated 1925 RESOLUTION 203-2003 A RESOLUTION OF THE CITY OF BOCA PATON ENCOURAGING THE SCHOOL BOARD OF PALM BEACH COUNTY TO DESIGNATE BOCA MIDDLE SCHOOL 98-GG AS A TOTAL CHOICE SCHOOL WITHOUT ATTENDANCE BOUNDARIES; DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SUPERINTENDENT AND SCHOOL BOARD OF PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING ' AN EFFECTIVE DATE WHEREAS, the City of Boca Raton places great importance on providing its residents with the best available educational opportunities; and WHEREAS, consistent with School Board Policy, the City of Boca Raton believes that changes to school attendance boundaries from year to year should be minimal to ensure stability with respect to existing attendance boundaries; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS. the City of Boca Raton has been advised by the Schoc~ District of Palm Beach County ("School District") that Boca Middle School 98-GG will be a tec:'nology "magnet" school, providing a "high tech" learning environment; and WHEREAS. the City of Boca Raton provided land to the School 'District for Boca Middle School 98-GG with the understanding said school would be a technology "magnet" school; and WHEREAS, the most recent changes proposed by the Advisory Boundary Committee of the Palm Beach County School District provide for attendance boundaries that do not emphasize attracting students focused upon and desirous of receiving a "high tech" education and a technology based curriculum; and WHEREAS, the City Council of the City of Boca Raton desires to encourage the School Board of Palm Beach County to designate Boca Middle School 98-GG as a "total choice" school without attendance boundaries; now therefore PATO N: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA Section 1. The City Council of the City of Boca Raton hereby encourages the School Board of Palm Beach County to designate Boca Middle School 98-GG as a "total choice" school without attendance boundaries. Section 2. The City Clerk is hereby authorized to send a copy of this resolution to all members of the School Board of Palm Beach County and to Superintendent Arthur C. Johnson. Section 3. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 4. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Section 5. This resolution shall take effect immediately upon adop:~on. PASSED AND ADOPTED by the City Council of the City of Boc~- Raton this day o,_. /_.~.C.~"~'~'"' . 2003. ATTEST: CiTY OF BOCA RATON FLORIDA COUNCIL VOTE YESfNO MAYOR STEVEN L ABRAMS .~ DEPUTY MAYOR SUSAN WHELCHEL , COUNCIL MEMBER DAVE FREUOENBERG COUNCIL MEMBER BILL HAGER COUNCIL MEMBER SUSAN HAYNiE ABSTAINED THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA OFFICE OF CHIEF COUNSEL TO THE SCHOOL BOARD 3318 FOREST Hill BOULEVARD, C-302 W~ST PALM BEACH, FL 33406-5813 (561) 43~8500 FAX: (561) 434-8~05 ~UR Cm UOHN~. ~.D~ JULIEANN RICO ALLISON. CHIEF COUNSEL MEMORANDUM TO: CC: FROM: DA TE: RE: School Board Members Dr. Art Johnson, Superintendent Ann Killers, Chief Academic Officer Joe Moore, Chief Operating Officer Gerald Williams, Chief Officer of Administration Joe Sanches, Chief of Facilities Management Kris Garrison, Director, Planning Judith Brennan, Manager, School Enroll~.ment-j~ogramming Nat Harrington, C. hief Public Inform~on OfTTcer ~x/.~ JulieAnn Rico Allison, Chief Counsel~Scho~t'B~/a~__ November 14, 2003 ~/ Compliance of the Proposed MS 98-GG Attendance Boundary GG-4 with Policy S.O 1 As requested by Board member Ms. Burdick, this memo summarizes the legal opinion of this Office regarding the compliance of the proposed MS 98-GG attendance boundary study GG-4 With the criteria and factors in Policy 5.01, which corresponds to the conditions set forth in past OCR agreements. Additionally, as requested by Board member.Mr. Hanson, a related issue of bus transportation distance is addressed. With the assistance of Planning staff, we have reviewed and examined boundary study GG-4 and the alternate study considered by the ABC (GG-3), which would have in- volved a boundary with the same length as GG-4 but somewhat wider near the top (yet with the same effect on students from Delray Beach, relieving overcrowding at Carver Middle School by assi,~tming pupils to MS 98-GG in Boca Raton). Shape of the Boundary.-- Notably, ABC does not review or use any racial or socio- economic data in making its recommendations. Consistent with constitutional law, ABC avoids taking race into consideration and did not evaluate the alleged impact of the relatively long, narrow boundary on any racially-identifiable group. There was no intention to "creat[e] memoMS98~undarles 1 [any] 'islands' or 'fmgers' that isolate distinctly identifiable ethnic/racial groups," which is ' prohibited by Policy 5.01(2)(b)(v). Rather, we believe the ABC's recommendation was based solely on legitimate concerns about overcrowding, concurrency requirements, and minimization of movement from current schools, consistent with several express provisions of Policy 5.01 (2), such as: · "[T]he Advisory. Boundary Committee must review the student capacity of each facil. Ry for reasonabl ~e efforts to achieve optimal utilization. Boundary decisions must consider the District's concurrency policy .... " · "The student capacity of each facility should be considered .... " · "The movement of students from current school attendance zone configura- tions should be minimized to the greatest extent possible .... " · "Feeder systems should be developed on projected growth patterns." Clearly, the relatively long, narrow shape is not a result of gerrymandering; rather, it is a result of the geographical anomaly of an industrial zone near the middle of the boundary area (a situation that. we understand exists in some other boundaries, as well). The ABC con- sidered both proposals GG-3 and GG-4 before settling on GG-4. Although the shape of GG- 3 would have been slightly more rectangular, we understand that ABC recommended the GG-4 proposal to the Superintendent because GG-4 required fewer students to move from their current attendance zone and avoided splitting students at Verde Elementary School 'to two middle schools. Moreover, we conclude that the shape of the proposed boundary does not actually create a"finger" or"island" that isolates members of any race. The operative word in Policy 5.01 (2)(b)(v) is "isolate," evoking the evil of segregation. Rather than isolating any students, GG-4 probably would have the opposite effect--greater inclusion (although, as stated above, ABC does not consider race in its recommendations). Accordingly, we deem the proposed GG-4 boundary to be consistent with Policy 5.01 (2)(b)(v). Transportation.- As to transportation of the students who reside near the t~p of the boundary, a related question was raised, apparently stemming from paragraph (ii) under Pol- icy 5.01(2)(b) ("zone boundaries should be as compact as possible to minimize bus travel time .... "). Specifically, it was asked whether the District can lawfully transport students ap- proximately six miles to MS 98-GG. We find no prohibition on transporting students that distance. Policy 1.04(3) provides: "The transportation system shall be reviewed regularly to in- sure that the assignment of students to buses shall be on a nondiscriminatory basis." 2 However, here no evidence of a discriminatory basis exists. A federal, statute, mentioned in Policy 5.01 (2)(b)(ii) limits the authority of federal courts and federal agencies to impose a desegregation remedy that would "would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the ap- propriate grade level and type of education for such student." 20 U.S.C. § 1714(a). Even if this statute were applicable, it should not invalidate the proposed boundary, which apparently would involve transportation to the next closest middle school. In reality, however, this stat- ute applies only to federal courts and federal agencies issuing desegregation orders; it is not applicable to the School Board's routine transportation program, which is governed by Flor- ida Statutes Chapter 1006, Part E, and the rules of the State Board of Education. Under Florida law, the District has the responsibility"[t]o plan routes, so far asprac- ticable, so that no elementary student shall be on a bus more than fifty (50) minutes or secondary school student more than one (1) hour during the morning or evening .... "State Board of Education Rule 6A-3.0171 (6)(c). It would appear that a six-mile route would take considerably less than an hour (and reportedly, some existing bus routes cover far greaterdls- tances.) Accordingly, we conclude that the proposed transportation plan would suffer no legal impediment~ In sum, the task of the ABC is complex, with many competing factors to Weigh/md consider. We find their GG-4 boundary proposal to be consistent withthe requirtm, ents' ~' "'of law. If your should have any questions concerning this advice, please do not hesitate to con- tact me. '' "~' ' mernoMS98GGboundarles 3 Polo Park Woodlands N Boundary Study GG-4 Attendarlce Boundaries ~ Eagles Landing ~ Odyssey ~ Rorida's Turnpike ~ Boca Raton ~ jefferson Davis [~] Okeeheelee Major Roadways J~ Ca~,'er I~ Lake Worth ~ Omni r~ sAc.$ ~ Chdsta McAuiifle ~ Lantana ~] Polo Park Middle School ~ Congress F~ LO~ "~. ~ ~o*~an* Palm Beach County School District Planning Department - G~S Date: 12/5/03 AGENDA ITEM NUMBEP~ (~ .~7~. AGENDA REOUEST Request to be placed on: Consem Agenda __ X Regular Agenda __ Workshop Agenda_ When: 12/9/2003 Description of agenda item (who, what, where, how much): Comideration of a Resolution for Middle School 98-GG SpecialAgenda Depadment Head .~ /~ ~ , e7 ~ Signature: ~(g',ff ~/ /'77''c<~ "~ ~ ~mey Re~ew/~co~endafion (if applicable): Budget ~ctor ~fiew (~q~d on aB items involdng e~endim~ of ~ds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review:. Approved for Agenda:~/ No Initials: Hold Until: Agenda Coordinator Review: (ff app~cabl~ Received: