Special Board Meeting - 2/28/05 - 5:30 p.m.

[coen]

BOARD OF TRUSTEES, SCHOOL DISTRICT NO. 2

and

BILLINGS HIGH SCHOOL DISTRICT NO. 2

SPECIAL BOARD MEETING – WORK SESSION

 

 

Monday, February 28, 2005 5:30 p.m.

Lincoln Education Center Board Room 415 North 30th Street

 

AGENDA

 

VISITORS WISHING TO RECORD THIS MEETING ELECTRONICALLY MAY DO SO PROVIDING THE RECORDING DOES NOT DISRUPT THE ORDERLY CONDUCT OF THIS MEETING.

 

 

A - WELCOME AND ORIENTATION TO THE MEETING

Pledge to Flag

Roll Call

 

B – 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.

 

Please note that pursuant to Board policy the Chair may direct public commentary to ensure an orderly progression of the meeting. This direction may include setting a time limit for public commentary on any particular item. The Chair may also interrupt or terminate an individual’s statements when necessary, including when statements are out of order, too lengthy, personally directed, abusive, obscene, or irrelevant. The Board as a whole shall have the final decision in determining the appropriateness of all such rulings by the Chair.

 

If you have not already done so, please fill out the public comment form available at the back of the Board room. This will allow the Chair to recognize you before you address the Board. In addition, the Board will receive any written communication at this time.

 

C – NONTENURE NONRENEW

MCA 20-4-206 (3) states “Subject to the June 1 notice requirements in this section, the trustees may nonrenew the employment of a nontenure teacher at the conclusion of the school fiscal year with or without cause.

To nonrenew with cause would be to grant instant tenure since any issue of cause must be subject to court review. Any statement to the contrary is disingenuous. The issue is therefore whether the Trustees wish to provide tenure from the very beginning of a teacher’s employment.”

MCA 20-3-324 states that “the trustees of each district shall: (1) employ or dismiss a teacher, principal, or other assistant upon the recommendation of the district superintendent…accepting or rejecting any recommendation as the trustees in their sole discretion determine...” Trustees can decide to not accept a Superintendent’s recommendation on any issue, but Trustees cannot logically decide MCA 20-4-206(3) differently in each case since this raises the extreme possibility of discrimination charges. Therefore, your decision must be to allow nonrenewal of nontenured teachers at the conclusion of the school fiscal year without cause or to require all nonrenewals of nontenured teachers to be recommended with cause and thereby grant instant tenure. State law has placed the discretion at your philosophical control.

 

Last spring the items presented above were decided in the philosophical direction that we would nonrenew nontenured teachers only with cause. The method of deliberating the depth of cause and the format for consideration of this topic must be clarified in order that proper recommendations are received by the Trustees.

 

ADJOURNMENT