Peggy Jones and Teri Barenborg Oppose Achievement Gap Committee to Immediately Help Kids.
Mr. McDonald offers proposal to begin the work now. He states, “the purpose of this proposal is to react to the needs of students now and close the achievement gap.” More politics lead to delays.
At the August 26th school board meeting, Kevin McDonald brought forth an amended version of Policy 2130 - The Achievement Gap Oversight Workgroup. The current policy provides a framework for the school district to address the Achievement Gap, but, not until some unknown time in the future. Work on the achievement gap won’t begin until “unitary status” is awarded by US District Judge Kathleen Williams at the Southern District Court in Miami, FL. The desegregation order case against the district is entering its 60th year without an end in sight. Mr. McDonald's motion was to put the amended proposal up for a required “public review” and add it to future board business for a vote. He is asking for the work on the achievement gap to start now, rather than later. Reached for comment he said, “This proposal is all about the kids. Not the NAACP or federal court, but rather, raising student achievement. It’s all about these kids.”
Dr. Jones and Mrs. Barenborg oppose a policy to immediately help kids.
In a follow-up discussion response, Dr. Peggy Jones cautioned the board to not allow his proposed action for amended policy to go to public hearing. Emphatically, she stated, “This is just a left turn … and it’s absolutely wrong,” adding after she invoked the community of Gifford, “And then to cross out the NAACP? And to cross out everything else - the court order, document and everything having been fulfilled? This is a gotcha! We can’t do it!”
The current policy gives a political entity, the IRC-NAACP, the ability to construct half the membership of the committee, and potentially, a permanent seat inside the school district recommending policy. Mr. McDonald remarked, “It does not seem appropriate to appoint a political organization to recommend school policy, particularly if we are currently in litigation with them. Should we create a policy that gives Moms for Liberty such authority? I never would consider it.”
After Dr. Jones’s emotional follow-up rant on the dais, Mr. McDonald calmly responded, “From a legal standpoint, the framework of the original policy was used largely to help avoid any of those legal issues because it follows the same legal pattern,” adding, “The whole purpose of this action would be to take that pending committee or work group … and put that into play now. Recognize that there are needs now, that the committee could be doing good work now, and, up until the time when the order is rescinded. Not only would we make the case that we would continue, but, we can make the case that we are proactively taking steps addressing this possibly several years before that status has changed.”
In a pensive posture with finger on lip, Board chairwoman, Teri Barenborg, listened to Mr. McDonald’s explanation. She followed his response to Dr. Jones with a claim that board members should not write board policy because “we don’t have law degrees.”
Board members are responsible for board policy according to FL statute 1001.41 (1) which states, “[The district school board shall] determine policies and programs consistent with state law and rule deemed necessary by it for the efficient operation and general improvement of the district school system.”
Ms. Barenborg went further in her comments asking Mr. McDonald if he wanted to be remembered for this proposal. She said, “I also have a very hard time with putting lines through anything referencing the NAACP and all the work that’s been done on the [2018] Joint Plan. I think that sends a really bad message. Is that what you want for your legacy?”
Appointed by Governor DeSantis, Mr. McDonald has been on the board for 5 months. On the dais, he responded, “Well, the intent is to establish something now under the framework that exists. To take that action now. It’s not striking out the NAACP who we continue to be in litigation with. It’s using that idea, and that concept and that framework to proactively and immediately do some good things in the community.”
Let’s fix the achievement gap for the benefit of kids.
Mr. McDonald took notice of the achievement gap while reviewing the Superintendent’s job performance. Recognizing that the school district received an “A” rating for the second year in a row, his concern was raised by the note worthy achievement gap. When asked about the reference to his legacy, he said, “I would be blessed if my legacy was an action to help the kids.”
Mr. McDonald proposed the amendment to policy 2130 in hopes of fixing the achievement gap now. Mr. McDonald said, “One of the few weak points in an over-all exceptional year, was the achievement gap. It struck me that we already have a policy for a committee to focus on this issue. Unfortunately, this committee does not even form until some unknown number of years in the future. Since this committee has benefits for the kids, why would we wait for years to implement it?”
In her initial response, Dr. Jones asked immediately if this newly amended policy would comply with federal law. It should be noted that the original policy never referenced federal law. Mr. McDonald responded via email, “As for the question of the appearance in the eyes of the federal courts, I would think that it would look better that we are serious about the Achievement Gap and are being proactive in addressing it for every struggling student.”
However, in her off-guarded candor at the business meeting, Dr. Jones admitted the current policy actually went through several revisions to comply with state law. The DeSantis Administration cracked down on critical race theory (CRT) on March 10, 2022 passing HB 7, the “Individual Freedom” bill that opponents called the “Stop Woke Act.” Many concepts were stricken in the original versions.
Ultimately, the Achievement Gap Workgroup policy was written based on the board’s authority in state law to govern (1001.41), the Superintendent’s role (1001.49), and most importantly, Florida statute, 1000.05 - Florida Education Equity Act, which was amended by HB 7 being enacted. The statute details, “Discrimination against students and employees in the Florida K-20 public education system prohibited; equality of access required.”
No policy because the court is being ignored for local school politics.
On March 7th, the IRC-NAACP and the District met for their monthly workgroup meeting. In their discussion, President of the IRC-NAACP, Tony Brown, rejected Dr. Moore bringing up the 2018 Joint Plan. In stating that, Mr. Brown rejected the entire court order basis for unitary status.
LINK: IRC-NAACP President, Tony Brown, Tells Desegregation Committee to Abandon Agreement. “Do Not Keep Throwing In My Face, the 2018 Plan.”
The workgroup, ordered by the court to meet monthly, has since skipped 6 meetings. In April, the board appointed Jackie Rosario to replace Peggy Jones. Might this be the reason why they are ignoring the court order? In May, Mr. Brown told Vero News about her appointment, “With a new board member coming in, everybody’s concerned.”
In their July 31st joint status report to the court, both sides promised an all-day meeting scheduled in August “to make-up for their cancelled meetings.”
That meeting never took place. The 2 opponents are scheduled, but only tentatively, for September 19th.
After her initial remarks at the school board meeting, Dr. Jones asked for the Superintendent’s perspective. Dr. David Moore spoke of the different name changes and revisions to policy 2130 that happened when it was first devised. He then added, “The intent of the policy when it was crafted way back in 2022 was to provide assurances to the federal court, that when we obtain unitary status, that we will not walk away from the work.”
The Sunshine Journal has looked through available court documentation. No evidence has been found that the court is even aware of this policy. In the 2022 joint status report submitted to the court in October, the policy, passed 2 months prior, was not acknowledged. Even though policy 2130 is not mentioned anywhere in the 2018 Joint Plan, it ensures “compliance with the requirements of the Court's August 2018 order Document 128.”
For those getting glassy-eyed, Document 128 is the court record containing the Judge’s order approving the 2018 Joint Plan. In the desegregation case, the plaintiff, IRC-NAACP, and defendant, Board of Public Instruction of Indian River County, Florida, negotiated the 2018 Joint Plan and agreed to its 10 benchmarks for unitary status. This negotiation was born out of a court ordered mediation. Together, the plaintiff and defendant filed a motion that presented the 2018 Joint Plan to Judge Williams. By her order, she approved the 2018 Joint Plan. Unitary status will be granted, when the ten items are satisfied according to the 2018 Joint Plan by defendant and plaintiff. The case is then closed and the Achievement Gap Workgroup begins. However, as noted, one side said do away with the 2018 Joint Plan and the workgroup has not met since that date.
“Let’s just start doing the work, now.”
In his proposal, Mr. McDonald says the board should take action now for kids. In the business meeting discussion, board member, Jackie Rosario, found nothing wrong with the amended policy, though, she wanted it to be fully tested for legal sufficiency. Reached for comment she said, “I have nothing to add. It seems pretty clear what he is proposing.”
Ms. Rosario was appointed in April by board members to the Joint Equity Workgroup required by the 2018 Joint Plan under the desegregation order. Ms. Rosario added, “I do not see a conflict. Currently the School District is mandated by a court order to work with the NAACP to reach unitary status. We are doing this in an equity workgroup. The current workgroup with the NAACP is suppose to address disparities with our black and brown students as named in the 2018 Joint Plan. On the other hand, the policy Mr. McDonald brought forward identifies an achievement gap workgroup (yet to be established), and is meant to close the achievement gap for all students.”
Mr. McDonald’s amended policy would say, “The Board, and all schools in our system, shall take active measures to maintain high expectations for all students and to eliminate persistent underachievement in the academic performance of individual student subgroups based on race, ethnicity and economic class. Active measures shall be defined as those which promote supportive educational environments that are free from discrimination.”
The italicized words were added by Mr. McDonald to bring clarity that kids from any socio-economic background who may need assistance should get the help.
After listening to the back and forth of Dr. Jones and Ms. Barenborg with Mr. McDonald, Dr. Gene Posca said, “If I can paraphrase… what you are saying is, we’re not actually doing this? Once we get unitary status, this workgroup, according to the [current policy] would come about and start doing its job.”
Nodding in agreement, Mr. McDonald confirmed his description.
Dr. Posca shifted his support adding, “What you’re saying is, ‘Why wait for unitary status? Let’s just start doing the work now.’ I don’t know that I can disagree with that sentiment.”
Mr. McDonald’s motion was amended to put the proposal on discussion at the Superintendent’s workshop on September 9th. The vote to move forward carried 3-2. Ms. Barenborg and Dr. Jones voted “no” against further discussion to help kids. The board attorney, Molly Shaddock, was instructed to have it vetted for legal sufficiency by that workshop. If consensus permits, it will head to a vote for public hearing at the next business meeting on September 23rd.
Ah! A workshop to discuss the issue of the achievement gap, that’s a positive benefit for underperforming students. What’s wrong with that? Jones and Barenborg’s negativity is exasperating. Their mindset is stuck on rules, statutes, laws, the Fed, legacy and who knows what else. Jones loyalty to the NACCP ‘s never ending demands is curious. They settle for nothing, an ongoing harangue. Hopefully Kevin McDonald’s motion will move forward. It’s to benefit the students.
Is Tony Brown, the NAACP and Miss Jones equally concerned about the “brown skin” students? I have to ask what percentage of melatonin is acceptable to be in this group think organization?