DECEMBER 4, 2019


The Knox County Board of Education met in Work Session on Wednesday, December 4, 2019 in the Main Assembly Room of the City-County Building at 400 Main Street, Knoxville, Tennessee.  The meeting could be viewed in its entirety on the video located on the Knox County Board of Education website at  All supporting documents were posted with the work session agenda and the December 11, 2019 regular session agenda on the website.
Evetty Satterfield, District 1  
Jennifer Owen, District 2  
Tony Norman, District 3  
Virginia Babb, District 4  
Susan Horn, District 5  
Terry Hill, District 6  
Patti Lou Bounds, District 7  
Mike McMillan, District 8  
Kristi Kristy, District 9  
Noah Kelley, Student Representative  
Chair Horn presiding
   1   A Moment of Silence was observed followed by the Pledge of Allegiance to the Flag led by Ms. Hill.
   2   Announcements
  • Board Members met with Knox County Law Department representatives in Executive Session at 4:30 p.m. in Room 549 of the City-County Building.
  • County Commissioners Jon Schoonmaker and Randy Smith were welcomed and thanked for their attendance.
  • The Joint Education Committee would meet on Wednesday, December 18 at 4:00 p.m. in the 1st Floor Boardroom of the Andrew Johnson Building.
  • Chair Horn noted that an additional item was added to the December 11 regular session agenda regarding receipt of a Walmart Community Grant for West Valley Middle School.
  • Chair Horn also requested the discussion regarding item 9E on the December 11 agenda be had prior to discussion on consent agenda items.
   3   Changes to the Agenda
  No changes to the agenda were requested.
   4   Approval of the Agenda
  On motion made by Tony Norman, seconded by Jennifer Owen

  Vote: 9 - 0 Passed
   5   Superintendent's Report
  Local Elections
Superintendent Thomas congratulated former Board of Education members Indya Kincannon and Lynne Fugate on winning recent local elections. Ms. Kincannon was elected as City of Knoxville Mayor and Ms. Fugate was elected to an at-large seat on City Council.

STEM Recognitions
Beaumont Magnet Academy and L&N STEM Academy were congratulated on their recent recognition of their excellent STEM education programs.

Winter Break
Superintendent Thomas noted the last 1/2 day of school prior to winter break would be Friday, December 20. Teachers would report back on Monday, January 6 for an administrative day and students would return for the spring semester on Tuesday, January 7, 2020.
   6   AI -6090    Project GRAD Update
  Project GRAD Knoxville (PGK) Executive Director/CEO Vrondelia (Ronni) Chandler noted that a memorandum of understanding approved by the Board of Education in 2018 required an update to the Board each year during the month of December. Ms. Chandler shared the PGK vision, mission and goals as well as the demographics of the student populations PGK served. PGK was currently in place at 2 high schools. 2 middle schools and 10 elementary schools. As agreed in the memorandum, funding from Knox County Schools for PGK was only used for services offered to high schools.

Ms. Chandler reported that PGK's operating budget included $500,000 from Knox County Schools, $365,000 of one-time Knox County Government funding and $735,000 from private sector donors. She said that PGK had 18 full-time staff members with 14 directly serving students every day. PGK had been charged to meet three metrics with the first being to assist KCS with increasing the graduate rate at Austin-East and Fulton High Schools by 4.5% each year. the second metric was to work with KCS to increase the post-secondary enrollment rate of graduates by 2.7% each year and the third metric was to increase the proportion of senior cohort members that were PGK scholarship recipients by 4.5% each year.

Ms. Chandler summarized that the baseline graduation rates for Austin-East (A-E)and Fulton (Fulton) High Schools for the 2017-2018 school year were 76.51% and 72.28% consecutively. Including the 1.5% metric one increase, the percentages should have been 77.66% for A-E and 73.36% for Fulton. The 2018-2019 graduation rate for A-E was 81.07% and for Fulton was 85.65%. The baseline post-secondary enrollment rate for graduates to be addressed by metric two for the 2017-2018 school year were 39% for A-E and 48% for Fulton. Including the 2.7% metric two increase was 40.1% for A-E and 51.9% for Fulton. The actual percentages for the 2018-2019 school year was 50.8% for A-E and 51.9% for Fulton. For metric three, the 2017-2018 school year baseline for the propotion of senior cohort members receiving the PGK scholarship was 34.64%. Including the 4.5% metric increase, the percentage would be 36.16%. The actual percentage of students receiving the PGK scholarship for the 2018-2019 school year was 38.6%.

Ms. Hill noted that multiple factors could have affected the rates and it would be extremely difficult to prove PGK had impact. Ms. Chandler stated that PGK staff were working closely with KCS to put intentional supports in place, remove barriers and cultivate a college/career culture at all PGK schools.
   7   Discussion of December 11, 2019 Board of Education Regular Session Agenda
  Item 9E
Ms. Owen stated she had been asking for additional information for a while regarding this item. She said the final contract for the TVA East Tower was still in flux and even though the Board had received 23 documents, there still no contract, which was extremely concerning to her. She questioned where the Memorandum of Understanding (MOU) came from, since Deputy Law Director Gary Dupler said it did not come from the Law Department. Mr. Dupler also stated that the contract was still in draft form with lots of blanks and said he could not comment no further.

Knox County Finance Director Chris Caldwell reported that the documents already received by the Board were all the contracts related to any deal with TVA. He stated that he and Knox County Schools Chief Finance Officer Ron McPherson had drafted the Memorandum of Understanding as directed by Mayor Glenn Jacbos and KCS Superintendent Bob Thomas. He said they believed the MOU was simple and did not need more substance.

Ms. Bounds said she felt like the Board did not have a choice in this matter, but she would be in violation of her oath of office if she supported this MOU. She stated that Knox County had agreed to bring KCS multiple site choices and if the Board felt any were suitable, the central office would vacate the Andrew Johnson Building. Ms. Bounds said it was her understanding that 12 sites were looked at, but the Board was only being given one choice and she felt there were three major problems with the TVA East Tower. She stated the first problem was that the State required the Board to have control of the building, but TVA would retain control; the second problem she saw was that TVA was only willing to give the Board an easement, not a lease; and the third problem was that the Board was being asking to waive liability for TVA. She stated she did not see any benefit to the taxpayers and would be voting no to the MOU.

Mr. Norman said he had questions as well and felt the Board had been left out of the process. He asked if the site search had been done by Knox County Purchasing. Mr. Caldwell stated that the Procurement Department reported to him as Finance Director and that department was involved in the site search process. He confirmed that a team had looked at 12 sites and examined the costs and KCS staff had been fully involved in that process. Mr. Caldwell also stated that each issue of concern to the Law Department had been addressed with the exception of one issue and that being who had custody and control of the building. He stated that Attorney Mark Mamantov, who was retained for legal services by Knox County, disagreed with the Law Director on the definition of custody and control. Mr. Dupler noted that Mr. Mamantov had been retained outside of the Law Department and Deputy Law Director Charlie Sterchi had been working with him on the contracts. Mr. Dupler said any custody and control issues could be resolved by TVA. He stated that he had much respect for all the County officials involved, but felt this was not an issue between the County and the Board but a legal problem between Knox County and TVA.

Mr. Norman asked if the lease versus easement problem could be solved. Mr. Caldwell said that TVA could not "lease" and Mr. Mamantov felt a letter could solve the issue. Mr. Norman stated the Law Director contended that TVA could lease. Mr. Caldwell said the TVA attorneys had communicated that TVA could not lease. Ms. Satterfield said she wanted what was best for Knox County taxpayers too, but the proposal to move the KCS central offices to the TVA East Tower would certainly be a benefit for the Board and KCS finacially, so she asked if other Board Members felt there was a solution. Ms. Bounds said prior to this newest proposal, Superintendent Thomas was okay with staying in the Andrew Johnson (AJ) Building. She noted that the AJ Building may not be the best place, but the TVA East Tower would not be better, only a lateral move. She believed this proposal was very attractive financially to the Board, but felt the County was dangling a carrot. She said the Law Director may not ever sign off on this deal and she was also troubled for the minority communities having issues with access to the building. She said the schools had been promised a first floor space for meetings, but that was not enough to solve the problems with the public having access to the building. Ms. Bounds noted all those who came into the building would have to have a Real ID and she thought this would be hard on minorities.

Ms. Horn asked Mr. McPherson to explain the financial benefits being referred to for the public's benefit. Mr. McPherson stated the agreement would allow the Board to no longer pay for operating or maintenance costs on the central office facility, which would result in approximately $16 million in additional funds for KCS over the next 15 years. Superintendent Thomas said he believed the additional funding could help address current educational issues such as mental health services and other gaps. Ms. Owen said she did not believe the schools should be paying utility expenses and maintenance costs anyway since she believed the law required the County to provide offices for the district. She noted she also had concerns about Board meetings still being held in the City-County Building and the equipment and supplies that the staff would have to transport from the TVA East Tower which was several blocks away. She also noted she had been trying to get information from Homeland Security about the requirement for a Real ID and getting no confirmation was concerning to her. Ms. Owen said other districts had campus-style central offices and adequate meeting space and free public parking and she did not know why the Board would move the central office from one inadequate building to another. Ms. Satterfield said she had some concerns too, but felt Board Members must get past the Real ID concerns. She felt KCS could create a campaign around this and it would not be a barrier, but an opportunity.

Ms. Kristy recalled that Superintendent Thomas did have concerns abouting the move to TVA East Tower, but she asked him for his recommendation at this point. Superintendent Thomas stated a move would be hard and that he did initially have concerns about paying the expenses out of the KCS budget, but since the schools would be gaining over $1 million per year, he was willing to make anything work since the additional funding could do so much to support schools. He said he certainly supported the MOU, but he did not get a vote and he would follow the will of the Board regarding any location. Ms. Hill said she agreed with Ms. Owen regarding KCS paying expenses before, but noted that was before both of their times on the Board and that it was what it was and she believed this offer would correct that situation. She asked Mr. Caldwell about the issue of security since it continued to come up. Mr. Caldwell said currently to get into the AJ Building, a person must have a driver's license and that would not change. He said that TVA had indicated that after October 2020, if a person did not have a Real ID, they could remain in public meeting rooms on the first floor and staff could come to them. He also noted that space had been provided at the City-County Building for storage of the equipment and supplies for Board meetings so that they would no longer have to be transported by any staff members.

Ms. Hill also asked about entrance to the TVA East Tower on Federal holidays. Mr. Caldwell said that PBA Security and TVA Police would be available to keep the building open when necessary. Ms. Hill asked Mr. Caldwell to also summarize about the site search process. Mr. Caldwell said that a team had looked at 12 locations such as East Town/Knoxville Center Mall, the Suntrust Bank Building on Hill Avenue, the Knoxville Wholesale Furniture building on Morrell Road, the At Home store facility on Outlet Drive, the old Regal headquarters in Halls, and the former Rule High School site among others. Mr. Caldwell said both leasing and owning options were considered and after reviewing the constraints of capital investments, the TVA East Tower was the only viable site other than the AJ Building at this time. Ms. Hill asked Mr. Caldwell about the TVA Act. Mr. Caldwell said the TVA Act dictated what they could and could not do with facilities and it was not uncommon at all for them to grant easements and it had been done in Chattanooga with parking faclities.  Mr. Caldwell stated the deal for TVA East Tower was financially appealing to the the County and also being able to partner with the University of Tennessee for the additional space was a good scenario for both entities. He noted the deal may also result in free employee parking and felt this move could also have an economic impact on downtown Knoxville with KCS receiving a portion of the additional tax revenue. Ms. Hill asked what the estimate for an upgrade of the AJ Building would be. Mr. Caldwell note the estimate was $14-16 million with ADA upgrades being needed.

Ms. Hill continued by stating that the Board could leave the central offices at the AJ Building or move to TVA East Tower with a full build-out of everything the way KCS wanted. She said the building may not be ideal, but investing millions into the AJ was certainly not ideal either. Ms. Hill asked if funds spent on the AJ would be billed to KCS. Mr. Caldwell said that any capital requests relating to KCS would be paid for with bonds. Ms. Hill asked if KCS would still have to pay rent if KCS stayed in the AJ Building. Mr. Caldwell said KCS had never paid rent, but only utlities and janitorial costs. Ms. Hill said for every legal opinion, there was another one and even though it was unfortunate the Law Director and Mayor's office were not on the same page on this deal. Mr. Caldwell said the County certainly wanted to come to an agreement with the Law Director and would continue to try and address the issues, but the proposed MOU was simple and if approved would also be considered by County Commission, but ultimately, the County would be the one entering into any agreement with TVA and any partnership with UT. He said both the Mayor and Superintendent cared so much about kids, they wanted to make this work.

Mr. Norman noted that it appeared County Commission would be looking for Knoxville Center Mall to be a solution. Mr. Caldwell stated that when his team reviewed that property, the offer was to lease space in that facility for $1 per square foot for 1 year, but after the first year, the cost would be market rate per square foot. The available space was approximately one million square feet which most people believed could house all the county offices, the KCS central offices and the courts. He also explained the mall had the challenge of that facility being in four parcels of property owned by Sears, Dillard's, Belk and the current mall owners and the cost to renovate or upgrade it into office space. Regarding the City-County Building, Mr. Caldwell noted that as long as the City of Knoxville wanted to remain in that building, the County had to pay for their portion of that space.

Ms. Babb asked how UT would deal with the Real ID issues if they chose to join KCS in the TVA East Tower. Mr. Caldwell said UT would work with PBA Security and share all the same requirements as KCS. He noted that UT was excited about the possibility of utilizing 6 floors in the building and if KCS ever left that space, they would want that space as well. Ms. Owen asked Mr. Caldwell to please get clarification on the Real ID issue, since she could not seem to get answers and she asked if federal security would have control at all times, regardless of who managed the building. Mr. Caldwell said that federal security would manage the access points at all times. Ms. Owen referred to the agreement between Knox County and the Board in 2016 which said that sites would be presented to the Board for consideration. Mr. Caldwell said a spreadsheet was given to KCS regarding the sites reviewed and said that only one appropriate site other than the AJ Building was identified and presented to the Board and County Commission.

Ms. Owen said other legal opinions may be considered, but just as Board Members were elected so was the County Law Director and if the people elected the Law Director, it would be in the Board's best interest to defer to the opinions of the currently elected Law Director. Ms. Babb noted that in the current Law Director would not approve the current IB Programme agreement for West High School and the Board chose to enter into that agreement, so it would certainly not be the first time the Board had approved something without the Law Director's approval. Mr. Dupler stated that the Law Director was elected to represent the taxpayers and in his 23 years as an attorney he had encountered many different opinions with other lawyers, but the only role of the Law Director was to consider what was in the best interest of the County. He said the Law Director was not taking sides and even if this was a good financial opportunity, the Board having no custody or control of the building was a legal issue. Mr. Dupler said this was different than the IB Programme contract. He said a contract may be able to be worked out with TVA, but it was not yet and it was up to the Board and County Commission to make a final decision.

The Board took a short recess.

Consent Agenda
There were no questions or discussion regarding consent agenda items.

Board Policies
Ms. Horn noted that Board Members had already discussed regarding the policies being considered.

Ms. Bounds stated that she valued the current Board Members and the way they could agree to disagree. She acknowledged that several had voiced concerns regarding the proposed policy for religious released time in item 6H. As a kindergarten teacher of 30 plus years, she said she understood the pressure and did not believe that one hour per month would harm anything. She noted that schools had fundraising assemblies, athletic events and no one ever spoke out against those things. Ms. Bounds said she advocated alongside educators for the last 6 years and she felt the recent scare tactics and statements about the separation of church and state and messages from art and music teachers were troubling. She said she would never devalue a teacher, but if they directed their energy toward the State for more time that may actually make a difference. Ms. Bounds continued by stating that families had a constant rotation of football, softball and other sports on the weekends and only 19.5% of children were involved in church with most having no religious affiliation. She said she had attended the last released time session with the students participating in a pilot program at Sterchi Elementary School and noted the students were asked a question about their decisions affecting others. Since she wanted all students to consider that question, she hoped her fellow Board Members understood her support of this proposed policy.

Ms. Owen said she had heard teachers speak out against so many disruptions before and recalled a time when intercoms were removed from classrooms because of the disruption for test preparations. She noted the State did not determine the time students spent in related arts classes and that she could not support taking one third of the time students spent in those classes. Ms. Owen stated she did not understand why consideration of this policy was not being taken up after the pilot program at Sterchi Elementary School ended and the Board could have time to review information and data. She asked Mr. Dupler what was considered core curriculum and stated that she would think the definition of that should be included in the proposed policy. Mr. Dupler said the Board had control over the policy, so that could certainly be included and he noted that the Board could go further than the law allows, but not less than the law allows regarding the information in the policy. Ms. Owen said she had tried to get clarification from the State Department of Education, but she wondered whether core curriculum would include tested subjects, graduation requirements, or other courses and stated she would definitely want to add such a definition before voting on a vague policy.

Ms. Owen also asked if the entity requesting the released time could use public transportation to transport students from school to the released time site and back. Mr. Dupler said that was up to the third party entity. Ms. Owen asked about attendance records and who would be responsible for tracking and accounting for attendance records. Mr. Dupler said that would be up to the Director of Schools, but he would assume the participating school's front office. Ms. Owen also asked for information regarding ADA accommodations for students with disabilities, specifically toileting and nursing needs, and safety protocols. She asked if a third party entity could choose not to offer released time activities to schools with high needs and Mr. Dupler said if that happened, the entity would run the risk of discrimination. Ms. Owen asked about liability insurance requirements for the third party entities and Mr. Dupler said the Board could add that requirement if desired. She also asked about how students would produce make-up work and how KCS would measure a student gaining mastery over the content they might be missing. Superintendent Thomas said he did not know how KCS could measure that. Ms. Owen wondered how released time might affect a teacher's evaluation. Superintendent Thomas said all the questions being asked were great, but he did not have the answers. He thought staff would have to make sure a teacher's evaluation would not be scheduled during released time and if the Board chose to approve this policy, he would make sure that it was figured out. Ms. Owen noted released time would create extra work for teachers as well as staff who would have to work on the logistics, and also noted that information regarding translators for ELL students, distributing information to students and staff, and having the Collaborative Conferencing Management Team review information regarding this policy was needed. She felt there were just too many unanswered questions regarding this proposed policy at this point.

Mr. Kelley stated that he was finishing a survey that was distributed to all high schools regarding released time and he would have the information for the Board prior to their consideration of this policy at their December 11 regular session meeting.

Ms. Babb pointed out that all Board Members had received multiple communications on this topic with lots of differing opinions, so she did not feel that anyone knew the majority opinion at this point. She asked about background checks for the third-party entity and whomever might be working with students. Mr. Dupler said something could be included in the policy, but he would also recommend adopting a procedure with detailed information and requirements if the policy was approved. 

Mr. Norman stated that he had attended a recent released time session with the Sterchi Elementary School students and thought it was an amazing experience, but the problem he could not get around, even if all of the hypotheticals and issues could be worked out, was the students who were left behind. He said as good as the program was, he could not get over how this may affect those students. He felt the third party entities just needed to do the program after school and even though he applauded the Elgin Children's Foundation for their work, he could not vote in support of the policy.

Ms. Kristy asked Superintendent Thomas if the Principals Advisory Council (PAC) and Teachers Advisory Council (TAC) had discussion regarding released time. Superintendent Thomas said that conversation with PAC was mainly about the lost instructional time. To him, core curriculum was everything that KCS offered and as the spouse of a former music teacher, he did not believe the lost time could be made up. He noted the logistics for this one small school were problematic and that the issues would most likely be even bigger at larger schools. Superintendent Thomas said that lots of information had recently been shared regarding chronic absenteeism and how that affected students and he felt the district may send mixed messages if they allowed students to miss instructional time for released time. He said that Knox County Schools was a great district, but there were still struggles with low proficiency rates and he wanted to continue to protect instructional time. He noted that there were many successful before and after school programs and even though he was a Christian, his charge as Superintendent was to make sure students were in class.

Ms. Hill echoed Ms. Bounds about Board Members agreeing to disagree and appreciated the professionalism. She noted that this current Board had received criticism about having too many educators on the Board and that not being a good balance, so when she received emails saying that the Board does not value educators, it was hurtful and not true. She asked Mr. Dupler if the Board did not pass this policy, if the third party entity coult do the program anyway. Mr. Dupler said if a policy was not approved, a released time program could not exist like the current pilot that was being conducted. Parents could choose to allow their students to participate, but they would be counted absent from school. If the Board approved a released time policy, it could allow for a student to leave school for the program and also be counted present during that portion of the day. Ms. Hill asked if parents had the right to give their children permission to leave school. Mr. Dupler said the law said a child shall be in school, but as long as it is reasonble, a parent could still give permission for a third party entity to transport their child from school. Ms. Hill said she understood all of the concerns about liability and tranportation, but she felt the policy could address those things and the Board should take advantage of this opportunity to put parameters in place while they had a chance. She said regardless of what Board Members thought personally, released time was legal in Tennessee and if the Board was not proactive, such a program could get away from them.

Ms. Horn noted that according to State statute, a child could attend released time and it could not be counted against them. Mr. Dupler said he could reasearch it further, but he understood if the Board did not have a policy in place, released time would not be an excused absence. Ms. Owen said that State Board of Education policy said a principal may limit the number of activities that a student could receive an excused absence for and that they shall approve no more than 10 for extra-curricular activities. Mr. Dupler said that would apply if the Board did not put a policy in place. Ms. Hill said she thought that State Board policy applied to missed days not being released for small portions of a day. Ms. Owen said it just stated that a principal shall approve no more than 10 absences.

Ms. Horn felt the Board just needed to consider the facts. She noted that the Tennessee state legislature unanimously passed a law in 2015 to allow released time and it was up to the parents to decide and choose to exercise their rights regarding released time. Ms. Horn said parents had the right to determine what education their child received and any released time program would not be endorsed by KCS, but chosen by parents. She noted that children did not belong to the school district and if by statute parents had the right to allow their child to participate in released time, it was up to them. Ms. Horn said if anyone had issues with that, it should be taken up with the State legislature.

There were no questions or discussion regarding grants.

Regarding item 8C, Mr. Norman asked about the status of fencing at schools. Facilities Director Doug Dillingham noted that fencing projects at school campuses were part of security upgrades over the last 3-4 years and had mainly been done at elementary schools. He said those projects had been accomplished and KCS had tried hard not to make schools look like institutions. Mr. Dillingham said this contract was a term contract only and would allow KCS to have a vendor in place for provision of fencing if needed, not only for security, but also for maintenance. Mr. Norman said he certainly supported security, but just wanted to make sure that schools were not being isolated from their communities or public use.

Regular Agenda
It was noted that the property purchase referenced in item 9B was for additional property at Adrian Burnett Elementary School. This additional space would allow a better situation for the building of a new school on that site.
   8   Public Forum
  • Ms. Bounds made a motion to allow out-of-county resident Faye Heatherly to speak. Ms. Hill seconded the motion. Vote: 9-0. Faye Heatherly of Campbell County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Al Elliott of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Angel Jones of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Ms. Babb made a motion to allow out-of-county resident Jennifer Snead to speak. Ms. Hill seconded the motion. Vote: 9-0. Jennifer Snead of Blount County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Tim Rogers of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Eliot Specht of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Angela Achenback of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Joel Dew of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Colin Rickels of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Betsy Hobkirk of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Jametta Alston of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Karen Bertollini of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Jennifer Long of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Ginger Treece of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
  • Dave Gorman of Knox County, Tennessee addressed the Board regarding a proposed religious released time policy.
   9   Board Forum
  • Ms. Babb congratulated Central High School for their win over West High School in the recent TSSAA high school football playoffs.
The meeting was adjourned at 9:24 p.m.
Date Approved:  January 15, 2020


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