At an Oct. 7 meeting, Brevard’s school board approved a settlement agreement that would end a years-long legal battle between them and Moms for Liberty over a previous public comments policy.
The draft settlement agreement, on the consent portion of the agenda for the Oct. 7 school board meeting, says Brevard Public Schools owes $567,990.19 to the Institute for Free Speech and David Osborne at Goldstein Law Partners, LLC, both representatives of Moms for Liberty.
The draft agreement was drawn up after nearly four years of legal back and forth over a 2021 public comments policy that Moms for Liberty members said stifled their First Amendment rights. The settlement will “resolve all controversies and claims between the Parties in connection with the amount of attorney’s fees, costs, and expenses” and “avoid the expenses and inconvenience of continuing to litigate the amount of the Fee Award,” according to the draft.
The move comes after a federal judge in Orlando issued a temporary restraining order in support of Moms for Liberty in January, stopping the school board from implementing the public comment policy it had at the time. The policy had already been revamped from the one enacted in 2021, but it was again revised after the order from the judge with the goal of making it less restrictive.
Additional items on the Oct. 7 agenda included a Florida Safe Schools Assessment Tool report and an amendment to Superintendent Mark Rendell’s employment agreement to provide an annual performance incentive based on his performance in the 2024-2025 school year. The amendment says he’ll see an additional $10,000 for his performance last year, and his contract will be extended through June 30, 2028.
6:45 p.m.: Board meeting wraps up with final public comments
One community member spoke against the closure of Cape View Elementary School. The district has said the school is in an area with an aging population.
Ashley Oktar requested that the board update their policy related to Type 1 Diabetes management. She asked about it more than a year ago but the issue has not been addressed, she said.
Christopher Higginbotham, a student at Viera High, spoke for several minutes about board member Megan Wright.
“She has stood in the eye of the storm, unwavering,” he said. “Through it all, she has kept her focus on one thing — the students and the parents of Brevard County.”
6:30 p.m.: Non-agenda public comment kicks off with criticism for Rendell, bonus
The non-agenda portion of public comment kicked off after a short recess, with Bill Pearlman addressing the board again, questioning why Superintendent Mark Rendell declined to present data showing student achievement when Matt Susin asked him to earlier during the meeting.
“Giving a $10,000 bonus to Dr. Rendell without any real valid or specific criteria — that’s irresponsible, and the data that I shared (is) irrefutable, comes from the state,” Pearlman said. “I want Brevard Public Schools to be outstanding. And one of the ways we do that is by analyzing the data.”
Jenn Hopkins spoke next, also raising concerns about giving Rendell a raise with “no clear performance metrics attached.”
“Bonuses for top leadership should be tied to measurable transparent outcomes like improvement in student achievement, reduction in the number of under-performing schools and strong fiscal management,” she said. “None of these outcomes have been presented or met publicly to justify this bonus.”
6:15 p.m.: Board approves settlement, multiple revised policies
The school board approved the meeting’s consent agenda, which included the settlement between them and Moms for Liberty. They also OK’d multiple policies with no comment from members of the public. These included an updated wireless communications devices policy, a non-discrimination policy, a comprehensive health education policy, a policy on student and parent rights and more.
They also renewed a charter contract with Imagine Schools at West Melbourne.
6:05 p.m.: Commenters call for transparency on enrollment, bonus
Public comment concluded with two more comments, the first from Bernard Bryan, education chair for South Brevard NAACP. He questioned how the board was going to deal with decreasing student enrollment.
“What is the impact?” he said. “When I think about impact, I think about the direct labor … I think about those staffings that may be impacted by that. If you could share that with us, I really would appreciate it.”
Quinn Dycus called it “not fiscally responsible” to give Superintendent Mark Rendell a $10,000 and extend his contract past the 2026 election cycle.
“At its core, I would love to see the board prioritize our students and educators over bonuses at this time,” Dycus said. “Bonuses, at least in my professional experience, are … based on performance, but also on those funds being available. I understand funds have to be spent from a specific bucket they come from, but surely there’s a better way to use this $10,000 in that category.”
5:55 p.m.: Public commenters address Rendell’s bonus, sex education curriculum
Public comment kicked off after the security report, with retired Brevard teacher Bill Pearlman discussing concerns about student achievement based on data from Florida Department of Education and questioned why Superintendent Mark Rendell was being given a $10,000 bonus.
“I know our students and teachers are working hard, but here’s a suggestion: Focus on student achievement, not student pronouns and nicknames,” he said.
Matt Susin asked Rendell to correct the statistics presented by Pearlman, and Rendell said the topic was discussed during the work session.
Jenn Hopkins spoke next, bringing up the district’s anti-harrassment policy and accusing the district of discriminating against transgender and nonbinary students. She also raised concerns about religious groups reviewing reproductive health material.
“Public education must be based on sceience, not personal or religious values,” she said. “I think it’s important to teach evidence-based science at school and allow parents and other family members to contribute to that education in the way that they feel comfortable outside of the school environment.”
5:50: District security specialists talks school safety assessment report
Michael Timpson, district school safety specialist, gave a presentation on the Florida Safe Schools Assessment Tool report and how Brevard did during the 2024-2025 school year.
Last year, 105 schools were inspected, and 55 were in compliance, while 50 were not.
The biggest issues in Brevard were similar to the problems schools see statewide, he said, such as campus access doors not being closed or locked, requested documentation not being provided at the time of a site visit, a threat assessement team training not being complete, classroom doors not being closed or locked when occupied by students or the safest areas on campus not being marked “clearly and conspicuously.”
They’re “on pace” to do better than they did last year and out pace state statistics, he said.
5:40 p.m.: Parental rights advocate expresses gratitude
Patti Sullivan was presented with a copy of the Parents’ Rights Month proclamation and spoke of her gratitude toward elected officials who respect parental rights “given to us by God.”
Sullivan is the state coordinator for Parental Rights Florida, a nonprofit law firm founded “to protect children’s health, defend parental rights, and secure women’s privacy, safety and equal opportunities against the harms of transgender ideology,” according to the group’s website.
5:30 p.m.: Board meeting kicks off with small audience
Brevard’s school board meeting kicked off at 5:30 p.m. with a small audience. The first items on the agenda included a proclamation for Parents’ Rights Month and Breast Cancer Awareness Month.
Finch Walker is the education reporter at FLORIDA TODAY. Contact Walker at fwalker@floridatoday.com. X: @_finchwalker. Instagram: @finchwalker_.
This article originally appeared on Florida Today: Recap: Brevard’s school board approves settlement in Moms for Liberty lawsuit
Reporting by Finch Walker, Florida Today / Florida Today
USA TODAY Network via Reuters Connect
