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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

February 21, 2005

 

Call to Order

 

The Regular 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, February 21, 2005, at 5:30 p.m.

 

Pledge of Allegiance

 

The Chair led those assembled in the Pledge of Allegiance.

 

Roll Call

 

Trustees and officers present were: Katharine Kelker, Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Karen Moses, Gene Jarussi, Stephanie Krueger, Conrad Stroebe, Superintendent Rod Svee, and District Clerk Leo Hudetz.

 

Registered guests included Fred DeFauw, Barb Bryan, Janet Baum, Bonnie Slough, Bobbie Larson, Jeff Weldon, Cheryl McCall, Pete Gesuale, Bonnie Knapp, and other interested persons.

 

Recognition and Gifts and Donations

 

Bette Hunt and Gary Blackburn, with Sodexho, presented a Celebrate Partnership Award to Billings Public Schools in honor of our 10-year partnership with them.

 

The following is a list of gifts and donations that have been presented to the School District in accordance with Board policy. Such items have been incorporated into the District’s inventory and an acknowledgment of the contribution has been made to the donor:

 

Burlington – Costco Wholesale, Costco card

McKinley – PEO Chapter Y, mittens and hats

- Billings Village Golden K Kiwanis, money for student needs

- Riverside Optimists, money for Christmas and food for family

- Shiloh United Methodist Church Women, clothes, hats, mittens, earmuffs

- Deaconess Hospital, Community Relations, gifts to 40 students

- Wal-Mart, Christmas giving tree

- St. Thomas Church, Thanksgiving and Christmas baskets and gifts

- Messiah Lutheran Church, Thanksgiving and Christmas baskets and gifts

- Harley Owners’ Group, three children for “dress a child”

- Maryon McCalla and Suzanne McPherson, 20 coats for children

Meadowlark – First Interstate BancSystem Foundation, money for volunteer hours

- Jim Merchant, volunteer hours

Orchard – ExxonMobil Foundation, money for volunteer grant

- Linda Kelly, 20 volunteer hours for grant

- Southwest Corridor Task Force, Cop Shop, hats and gloves

Will James – Tom Yampradit, First Interstate BancSystem and i-Tech Corp., computers

- Patricia Remmer Trust, money

Technology – OPI, School Computer Program, two RS-6000 computers

 

The Board accepts these gifts with gratitude.

 

 

 

Communication from the Public

 

The Board recognizes the value of public comment on educational issue 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.

 

Fred DeFauw addressed the Board speaking against corporate signs on public school property. He believes offering soft drinks on campus sells out the health of students and should not be supported by the School Board or District.

 

Barbara Bryan addressed the Board on behalf of the Twenty-Year School Facilities Planning Committee regarding the following requests:

 

1. SD2 Administration and staff provide communications assistance in conducting the public information process.

2. SD2 consult the Twenty-Year School Facilities Planning Committee before negotiations on a Career Center land swap with MSU-B since the Career Center is involved in the Committee’s recommendations.

3. SD2 Board approve a time extension for Committee work through June, 2005.

4. SD2 halt the process of Senior High HVAC work pending consultation with their Committee.

 

Plan for Daylis Stadium

 

Dave Williams stated the formal bid opening for the east bleachers removal at Daylis Stadium is March 16, 2005. Dave has met with a group of people planning a TID for the downtown area that are interested in putting Daylis Stadium in their area of improvement that would include Cobb Field. He has also talked with the County and Metra about a possible location of the stadium along with mutual use of some of the existing Metra facilities. Dave asked the Board to consider renaming Daylis Stadium, per Board Policy, for someone interested in renovating the stadium at their cost. This would involve a bidding process. An account has been opened with the Foundation to funnel dollars through them for the stadium project. Dave asked for Board direction on funding options. It will be difficult to have anything in place by fall of 2005. The estimated cost for new (temporary – 10 year life) bleachers (only) is $200-300K. The Board will schedule a discussion on the naming/renaming question.

 

Adult Education Presentation

 

Woody Jensen, Director of Adult Education, presented his annual report to the Board as required by federal grant expectations. This program encompasses Adult Basic and Literacy Education (ABLE), Community Education Nite Owls, Evening High School, and Summer School. Last year ABLE served 936 students, and 131 received their General Equivalency Degree. The GED Success Program serves learning disabled students. The GED Testing Center awarded 141 GED’s. Typically over 200 ABLE students attend for post-secondary education preparation. 287 students attended for basic literacy skills. We have a growing population of English as a second language population. Nite Owls had 3,010 courses attended by 2,628 individuals. 182 students attended Evening High School. 159 attended Summer School for 236 courses. Almost one-half of the Adult Education population is in the 16-24 age range. Native American students comprise 6% of SD#2’s population in contrast to comprising 16% of the Adult Education population. Last year 19 GED’s were awarded to SD#2 dropout students. All students are tested for a literacy level which results in an educational functional level category. About 30% of the students come in at an educational functional level of fifth grade or below. The Adult Education Department’s effectiveness is defined by a federal/national reporting system done in compliance with grant application requirements. The logic is similar to No Child Left Behind. Measured outcomes are in terms of GED’s and HS Diplomas earned, the number entering college or technical school, the number acquiring a job, the number retaining employment or earning promotion, and the number of students earning an Educational Functional Level gain. Adult Education is funded through local mills, federal and state grants, contracts with the prison and jail, and funding from SD#2 High School District for two teachers and partial funding for a secretary.

 

Three Adult Education students spoke to the Board about their educational history; how the Adult Education Program was specifically designed for them, and how these programs benefited their lives and their future.

 

The Adult Education Department is continually working for educational improvements, including a partnership with MSU College of Technology, and development of a Competency Assessment High School Diploma.

 

Approval of Agenda

 

Mike Dimich introduced a motion to approve the agenda with the inclusion of the MQEC Report in the Legal Report.

 

Malcolm Goodrich seconded the motion. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Bills Paid – January 2005

 

Malcolm Goodrich introduced a motion to approve the bills paid for the month of January, 2005 as follows:

 

Fund Description Amount

101 Elem General Fund $ 331,719.42

110 Elem Transportation 200,617.26

114 Elem Retirement 62.15

115 Elem Misc Programs 119,237.35

117 Elem Adult Education 1,519.96

128 Elem Technology 14,486.47

129 Elem School Flexibility Fund 1,265.61

150 Elem Debt Service 685.00

160 Elem Building 71,407.78

161 Elem Building Reserve 37,833.63

184 Elem Student ECA 58,407.36

185 Elem Misc Trust 10,393.13

201 HS General Fund 287,062.64

210 HS Transportation 140,460.77

212 HS Food Services 416,723.80

215 HS Misc Program 38,099.34

217 HS Adult Education 19,277.83

218 HS Traffic Education 618.61

228 HS Technology 7,135.13

229 HS School Flexibility Fund 7,916.97

250 HS Debt Service 300.00

260 HS Building 33.71

261 HS Building Reserve 16,441.45

278 HS Self Ins Health 946,961.20

279 HS Self Ins-Liability 9,147.93

282 HS Interlocal Agreement 80,839.87

284 HS Extracurricular 128,899.88

285 HS Misc Trust 6,974.34

286 HS Payroll 1,804,407.65

Claims $4,758,936.24

ACH Tax Deposits $1,390,157.82

Payroll Warrants & Direct Deposits $3,634,544.19

TOTAL $9,783,638.25

 

Judy Herzog seconded the motion. Voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Financial Reports – January, 2005 (Unaudited)

 

Trustee Goodrich reported the Business Committee has reviewed the financial reports and found them satisfactory. Financial Reports received included the following:

 

BD101 Account Expenditure by Fund

BD102 Account Receipts by Fund

BD105 Statement of Estimated and Actual Revenue

BD108 Object Cost Analysis

 

Monthly Legal Report

 

Jeff Weldon reported there was nothing new to report on Rapp-Swecker, Columbia Falls, KTVQ, Erekson, Eastman, or the M.T. case. The District vs. Gazette reviewed the Supreme Court’s order saying certain documents issued to the court were public documents and ordered the District to disclose those documents to the Gazette. The union representing the teachers appealed that decision and moved for a stay that was imposed on that order. The Supreme Court responded saying it wasn’t timely, there are still outstanding issues the District Court needs to address, specifically supplemental documents that were delivered to the Court after the Court received the first set, and also the issue of attorneys fees. Two motions are pending given to the Court by the Gazette: 1) motion to dissolve the stay; and, 2) move to amend it’s answer to include application for Writ of Mandamus which is the court order requiring us to deliver the documents. The Union and District have an opportunity to respond. There will be a hearing between the Judge, the District, the Gazette, and the Union probably in early March.

 

Discussion continues on the preparation time grievance. The MPEA arbitration is pending.

 

Jeff Weldon updated the Board on the bills the District advanced to the Legislature. The Thursday meetings will be continued to review status on these bills.

 

Trustee Goodrich introduced a motion to affirm the long-term suspensions as presented.

 

Trustee Herzog seconded the motion. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Trustee Moses reported on Agenda Item P, that the MQEC had their annual meeting, and even if the legislature appropriates more money the District will still have funding problems if the Legislature doesn’t meet the funding the MQEC requested.

 

The Board’s Ad Hoc Policy Committee continues to meet to identify Policy changes. Changes will come forward to the Board for adoption.

 

Most provisions of the Individuals with Disabilities Education Act (IDEA) Reauthorization become effective July 1, 2005. A few changes noted are:

• Discipline – an IDEA student can be removed for acts of violence for up to 45 school days.

• Highly Qualified Special Education Teachers – new certified special education teachers teaching multiple subjects must meet NCLB standards and have a major in other core areas.

• Parental consent to evaluations & placement – to modify an IEP, the District and parents need not hold a formal IEP meeting. If the parent refuses to consent to the initial provision of services, the district shall not provide special education services.

• Early Childhood Intervention – 15% of existing Part-B funds can be used for early identification for all children.

• Conflict resolution – encourages use of mediation for conflict resolution between parents and schools.

 

Chair Kelker reported the three member panel met Friday, February 18th, for a Policy 1700 Appeal meeting to consider Superintendent Svee’s November 11, 2004, response to four complaints filed by Mr. and Mrs. Opie on October 18, 2004. Superintendent Svee ruled the matters expressed in the family’s complaint was outside the 30 day filing requirement articulated in Poly 1700; and, therefore, he dismissed their complaints and took no further administrator action. The panel heard 30 minutes of testimony from the parents and heard 30 minutes of testimony from Superintendent Svee. The panel concluded the Superintendent ruled appropriately and affirmed his decision. The panel is recommending the full Board affirm the panel’s decision.

 

Trustee Goodrich introduced a motion to approve the panel’s decision.

 

Trustee Getz seconded the motion. Trustee Stroebe stated he would vote against the motion, because he believes they need to deal with the issue and not the technicality of the 30-day timeframe. Chair Kelker stated the Superintendent’s decision is what the Board deals with, and the Superintendent’s decision was based on 30 days. Trustee Jarussi stated all components stated in the complaints were prior to July 1, 2004 which was prior to Policy 1700 being approved. This is a procedural policy which states if you have a complaint you have 30 days from the event to file the complaint. If they believe other regulations were violated that give rise to civil actions or criminal behavior; these would need to be brought to the proper city or county authorities. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, and Karen Moses. Voting against the motion was Conrad Stroebe. The motion carried.

 

Jeff Weldon drafted a Home Builders Association - Billings Public Schools Construction Project Agreement. The Home Builders have the agreement and should be responding soon. A liability bill has been advanced to the Legislature to back up the District’s agreement to act as a general contractor and has passed through the House.

 

Follow-up Discussion of Board Communications

 

Karen Palmer, Director of Technology, related each Trustee has an individual e-mail address and are also a member of a group called “Board” which has a single address any public member can access and. Both e-mail addresses are available to Trustees and about 30 other members who have requested that access to copies of “Board” e-mail. The issue for consideration is how to meet open meeting law requirements, provide public documents, and still protect an individual’s right to privacy. Karen suggested options of: 1) completely rely on our “forums” area where we post meeting agendas and minutes; or, 2) change to a system to where we change your e-mail addresses to “internal use only.” This would allow read access to the public but would not allow e-mail to come in from any member of the public that may contain privacy issues – we would use it exclusively for the business aspect. Those accounts could be made “read only;” therefore, we would not have to worry about open meeting requirements because there is no “discussion” occurring.

 

Attorney Jeff Weldon clarified the Open Meeting Law says the meeting must be open to the public which is defined as a quorum of the body discussing, hearing, or acting upon any business of the jurisdiction of the body. Most of what is generated through e-mail is public documents, and we satisfy the requirement that we distribute public documents by allowing persons to sign up on the list to receive these e-mails. Concerns remain for the public sending e-mails to the Board which may contain information that may violate Privacy laws.

 

The Board is in consensus that electronic access to business documents of minutes and agendas on the website is very helpful. Karen suggested setting up one designation, such as the District Clerk, for an informational address when the public may not know where to send their questions, and that person could funnel or appropriately distribute the information. Concern was expressed about having one person make public/private informational decisions. Several trustees expressed a desire to keep the common Board e-mail address, and were opposed to closing this channel of communication. However, it is not appropriate for Trustees to have any sort of discussion without public notice.

 

A study session will be scheduled for further discussion. Karen was directed to design a more visible disclaimer that website information is not private.

 

Superintendent’s Report

 

Superintendent Svee announced the Skyview Student Council meets tomorrow at 7:00 a.m. There have been no applicants and no phone calls regarding the position of in-house counsel. We received a proposal to sell the Crossroads High School location property at 13th and Grand for $1.8M, which will need to go through the Committee process.

 

Personnel Report

 

Trustee Herzog introduced a motion to accept the Superintendent’s recommendations as presented in the current personnel report.

 

Trustee Dimich seconded the motion. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

20-Year Facilities Committee Report

 

Karen Moses reported the School/Community Committee met and heard a report from the 20-Year Facilities Planning Committee. A quorum was not present, so discussion was held but there was no vote or consensus on the scenarios. The agenda setting meeting on March 2 will establish a schedule for the completion of the Committee’s work.

 

Trustee Stroebe asked that a cost benefit analysis and educational impact of the different scenarios be established before we present ideas to the public. Superintendent Svee requested a finalized list of scenarios before proceeding with a cost benefit analysis.

 

Barbara Bryan addressed the Board to clarify that they would like the high school scenario final recommendation to the Board to be the result of a joint effort between the School/Community Committee and the 20-Year Facilities Committee.

 

Suggestion Program

 

The Board approved the Employee Suggestion Program in December. This item is an extension of that program to offer it to the public on our website.

 

Trustee Stroebe introduced a motion to approve the Suggestion Program for public use on our website.

 

Trustee Goodrich seconded the motion. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Dual Credit Agreement

 

A committee composed of Malcolm Goodrich, Judy Herzog, Mike Dimich, Carol Wicker, and Superintendent Svee met to discuss a dual credit program for Yellowstone County High School District No. 2 and MSU-Billings and the College of Technology. A finalized agreement will be brought to the Board in March. The District may enter into an Interlocal Agreement with MSU-Billings to waive tuition for high school students earning college credit in exchange for approximately seven acres of land northwest of the Career Center. This would leave approximately 13 acres of land for the Career Center. Rocky Mountain College has also expressed interest in a form of dual-credit. This item will be referred to the appropriate Committees.

 

Consent Agenda

 

Item Q-9, Mechanical System (HVAC) Replacement-Senior/2005 was removed from the Consent Agenda to be considered as a separate item.

 

Within Item Q-2, the School/Community Minutes of January 10, 2005 was removed from the Consent Agenda. There was no quorum in Committee to approve them, so they will be considered at the next meeting.

 

Trustee Stroebe introduced a motion to approve and accept the remaining items within the Consent Agenda

without objection to recommended action as follows:

 

Special Board Minutes, January 13, 2005

Regular Board Minutes, January 17, 2005

Special Board Minutes, January 20, 2005

Business Committee Minutes, January 10, 2005

Education Committee Minutes, January 10, 2005

MTSBA Dues for 2005-2006

Food Service Contract

Addition of Rose Park Special Fund – Trust Account

School Resource Officer Program

Acceptance of Network Manager Job Description

Reorganization of Technology Department

Request for Authorization to Increase Special Needs Assistant FTE

 

Trustee Goodrich seconded the motion. Those voting in favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Mechanical System (HVAC) Replacement – Senior/2005

 

Chair Kelker stated she had a conversation with Rich Whitney about the mechanical system at Senior, and he said the only scenario when this would be a problem if they change something as we are dealing with high school capacity would only be if anyone was recommending tearing down the entire building because it will be needed in whatever facility we have for Senior High. This item has been pending for two years and has been approved by the Business Committee and the Facilities Committee.

 

Trustee Herzog stated that the Business Committee talked about the need to work with the Long Range Planning Committee and if there were any changes, the HVAC replacement should fit into those new guidelines. Chair Kelker said Rich Whitney assured her there wasn’t any scenario he was aware of that this would not fit into.

 

Trustee Moses stated concerns were raised that there was no public input on this. She is aware we spent a couple years on this issue; but she wanted to make sure these concerns were addressed.

 

Trustee Herzog introduced a motion to approve and accept this item as presented.

 

Trustee Dimich seconded the motion. Those voting favor of the motion were Mike Dimich, Dale Getz, Malcolm Goodrich, Judy Herzog, Gene Jarussi, Katharin Kelker, Stephanie Krueger, Karen Moses, and Conrad Stroebe. The motion carried unanimously.

 

Calendar/Agenda Planning

 

The following are the future scheduled meetings:

 

Thursdays – Legislative Meetings at noon

Friday, February 18, 2005 – 12:00 noon – Board Panel

Monday, February 28, 2005 – 12:00 noon – Skyview

Monday, February 28, 2005 – 5:30 p.m.

Wednesday, March 2, 2005 – 12:00 noon – Agenda Setting Meeting

Monday, March 7, 2005 – 7:00 p.m. – Budget – Lewis & Clark Cafeteria

Monday, March 14, 2005 – All Committees

Monday, March 21, 2005 – Regular Board Meeting

 

Adjournment

 

There being no further business, the meeting was adjourned at 9:03 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

 

 

Sherrill Sullins, Recorder

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