HCPS FL Logo Superintendent Office
Action Item
DATE: Tuesday, April 23, 2013
TO: School Board Members
FROM: MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS

Approve the Settlement of Kimberly Gilio, as Legal Guardian on Behalf of J.G., a Minor v. The School Board of Hillsborough County, Florida, Case No. 8:12-cv-00955-JDW-EAJ, According to the Terms of the Attached Settlement Agreement and Authorize the Chair to Execute the Agreement.

EXECUTIVE SUMMARY

The School Board attorney recommends the settlement of the suit brought against the School Board by Kimberly Gilio, as legal guardian on behalf of J.G., a minor, ("Gilio"), alleging six causes of action under 42 U.S.C. § 1983, the First Amendment to the United States Constitution, the Fourteenth Amendment to the United States Constitution, and Florida's Religious Freedom Restoration Act of 1998, § 761.01 et seq., Florida Statutes, to remedy alleged violations of J.G.'s constitutional rights. Pursuant to the settlement agreement, the School Board will propose and consider amending School Board Bylaws & Policies 5722-School-Sponsored Publications and Productions and School Board Bylaws & Policies 9700-Relations with Special Interest Groups in accordance with the rulemaking procedures contained in Chapter 120, Florida Statutes, and will pay Gilio $35,857.98 for attorney's fees and costs. Gilio will dismiss with prejudice the lawsuit. An original of the settlement document signed by the Plaintiff will be supplied to the Board prior to its vote on the item.

 

STRATEGIC OBJECTIVES
FINANCIAL IMPACT (Budgeted:  No)
$35,857.98
EVALUATION
SUBMITTED BY:  School Board Attorney
    Thomas M. Gonzalez

  School Board Attorney
(813) 273-0050
    A 9.01a
Hillsborough County Public Schools (Florida) * Mtg.#20130423_560 (Board Meeting) * Section A Item# 9.01a