Special Board Meeting, November 19, 2009

[Diane Blevins]

Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

November 19, 2009

 

CALL TO ORDER

 

The Special Board Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and High School District, Yellowstone County, Montana, was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, November 19, 2009, at 5:30 p.m.

 

Members present included Trustees Joel Guthals, Malcolm Goodrich, Mary Jo Fox, Dawn Achten, Peter Gesuale, Teresa Stroebe, Barbara Bryan, Superintendent Jack Copps, and District Clerk Leo Hudetz. Trustees Aragon was excused. Others present included Scott Anderson, Executive Director of Secondary Education, and Michelle Smith, Hearing Officer.

 

COMMUNICATION FROM THE PUBLIC

 

The Board recognizes the value of public comment on educational issues and the importance of listening to members of the public in its meetings. The Board also recognizes the statutory and constitutional right of the public to participate in governmental operations. The Board encourages members of the public to participate in and express opinions about issues important to the District. This part of the Board’s meeting is dedicated to public comment on any public matter that is not on the agenda of this meeting and is within the jurisdiction of the Board of Trustees. Members of the public may also address particular items on this agenda either now or at the time the Board considers the particular item. There were no public comments.

 

SUPERINTENDENT SEARCH

 

The Chair reported the Board must act quickly in a search for a new superintendent as contracts for superintendents are generally signed in January. He hoped to be able to make an offer to a new superintendent in December. The Montana School Board Association (MTSBA) has done a lot of superintendent searches over the last few years. Chair Goodrich stated that the superintendent’s salary for Billings is quite low compared to the other AA districts. Bozeman pays approximately $140,000 for one-third the number of students as Billings. The Chair stated Superintendent Copps has been very generous in accepting a lower salary. He further reported that the Board would have to explain to the public why a higher salary is being offered as it is a mill levy year.

 

Trustee Guthals reported that MTSBA does a good job in superintendent searches and their charges are reasonable at $7,500. Trustee Gesuale stated he is strongly in favor of MTSBA as they are linked with the National School Board Association. Trustee Stroebe felt Lance Melton, Director of the MTSBA, has been involved at the national level and she was in favor of using MTSBA.

 

Trustee Guthals made the following motion with a second by Trustee Fox:

 

Motion that the Board engage MTSBA to conduct the search for a new superintendent and to approve the contract

as set forth in our agenda on page 4, and authorize the Board of Trustees to form a Board subcommittee to facilitate the search and to make a recommendation to the full Board in regards to the candidates and assign three trustees to the subcommittee.

 

Those voting in favor were Dawn Achten, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

The Chair appointed the following trustees to the subcommittee: Joel Guthals, Mary Jo Fox, and Barbara Bryan. He stated the Board must hold meetings in the near future so that it can get the calendar set.

 

Trustee Guthals made the following motion with a second by Trustee Achten:

 

Motion to appoint Barbara Bryan, Mary Jo Fox, and myself to the superintendent search subcommittee with Teresa Stroebe serving as an alternate.

 

Those voting in favor were Dawn Achten, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

Trustee Guthals stated he would contact the MTSBA in the morning to get the process moving.

 

BOARD INSERVICE TRAINING

 

Jeff Weldon, legal counsel for the District, addressed the Board on student attendance and discipline. There has been a change in the Montana statutory law, MCA 20-4-291, that would give the Board the responsibility to be involved in student expulsions. District Policy 3250 deals with student discipline for the students. Mr. Weldon reported he has been working with Scott Anderson to revise the student conduct code to reflect in the state law.

 

Mr. Weldon reviewed the discipline guidelines as listed on page 49 of his handout. A serious claim needs to be addressed in an information suspension hearing with an educational process first before a legal process. The Board’s job is to decide if there was an infraction and, if there was, decide if the recommended discipline is correct. An informal procedure is almost always held in a closed meeting as all parties involved have the right to privacy. Mr. Weldon stated the Board has to decide if there was a violation of the student conduct code. During the process, administration will explain what happened. The Board may ask questions during the process. The student’s parents will also have the opportunity to ask questions and present their part of the story. If the student agrees to the charges, the Board still needs to know the circumstances. Mr. Weldon reviewed the standards of proof on pages 11 and 12 of his handout. After the closed hearing, a motion will be made affirming the superintendent’s recommendation but does not name the student.

 

The Chair closed the meeting at 6:15 p.m. for a discipline hearing involving a student.

 

After the meeting reconvened at 7:15 p.m., Trustee Guthals made the following motion with a second by Trustee Fox:

 

Motion, that in the matter of student disciplinary action #2009-1, this Board finds there was sufficient evidence to support the allegations provided by the Superintendent and that this Board accept the recommendation of the Super-

intendent.

 

Those voting in favor were Dawn Achten, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

As there was no further business, the meeting adjourned at 7:30 p.m.

 

 

 

Malcolm Goodrich, Chair

 

 

Diane Blevins, Recorder