Special Board Meeting June 1, 2007

[Diane Blevins]

Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

June 1, 2007

 

Call to Order

 

The Special 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, June 1, 2007, at 11:30 a.m.

 

Those present included: Trustees Joel Guthals, Mary Jo Fox, Peter Gesuale, Kathy Aragon, Dawn Achten, and Malcolm Goodrich. Superintendent Jack Copps, District Clerk Leo Hudetz, Trustees Mossman, Kelker and Trafford were excused.

 

Registered guests included Ronda Kiesser, Jewel Hall and Lester Hall.

 

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.

 

Policy 5000 Board Panel

 

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

 

Motion that the Board accept and approve the recommendation of the Board Panel which in terms accepts the

investigative report submitted by Attorney Jean Fuare and deny the complaint by Mr. Willis of discrimination in employment.

 

Trustee Guthals explained, as a member of the panel, the hearing had been recorded and he has reviewed the minutes. He went through the minutes and made them readable, as the tape does not reflect who was speaking. Trustee Guthals felt the minutes were clear on what occurred at the hearing. On page 16 of the minutes, they reflect that the panel did not find any violation of District policy or any age discrimination. The panel also reviewed the investigative report by Jean Fuare, a Great Falls attorney, and disregarded an earlier investigative report that had been conducted by Dan Martin, Director of Human Resources, who was named in the action complaint. Trustee Goodrich stated, as the hearing proceeded, Mr. Willis was given every opportunity to obtain counsel or present evidence, but Mr. Willis declined.

 

Trustee Gesuale asked whether it was really an emergency situation that caused the administration to go outside of the normal hiring process to fill the position of Executive Director of Secondary Education. Trustee Goodrich stated the Superintendent had been given the power to select a person and that is what he did. There was no age discrimination or violation of District policy.

 

Those voting in favor of the motion were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, and Joel Guthals. The motion passed unanimously.

 

Request for Reconsideration of Media Board Appeal Panel

 

Lester Hall addressed the Board and voiced his personal concerns regarding the book “Red Sky at Morning” in the classroom. He felt it was threatening to families and was not something that a person would want their child to read. Ronda Kiesser also addressed the Board requesting them to remove the book from the reading list. She believed the material in the book violated Procedure 3200 which addresses vulgarity and profanity.

 

Trustee Goodrich reviewed the memo prepared by Trustee Kelker, as Chair of the Board panel. There were concerns that the procedures regarding notifying students and parents of their options were not being handled consistently throughout the District. The panel made the decision that the textbook review procedure was followed correctly thereby resulting in the retention of the book for instructional purposes within the District. It was the task of the Board to review the recommendations of the appeal panel. The Chair pointed out the Board should keep in mind the First Amendment of the U.S. Constitution and that an alternative book was given to the student to read.

 

Trustee Guthals asked if the book had any type of a warning as to suggestive material. Trustee Fox reported that each class is to receive a reading list of material for that course and those classes should receive it at the beginning of the class. All classes should be consistent so parents can make a decision.

 

Trustee Fox reported, when she reviewed the request of the parent, she tried to envision on how the procedure would be applied. If the parents’ recommendations were followed, 75% of the books should be removed from the reading list. Even the alternative book that had been assigned had profanity in the book. Trustee Fox said she was not willing to go that far. Trustee Fox said she read “Red Sky at Morning” with her daughter and discussed the book with her. She wanted to give parents the right to decide if it is right for their child. Trustee Aragon stated she also read the book and discussed it with her family. She felt it was important to look at this complaint but did not want to get into the job of censorship. She respected the parents and the family rights.

 

Trustee Gesuale asked if the student was given the opportunity to make the same grade by reading the alternative. Trustee Fox reported several things that came out of the hearing are being considered by administrators to make sure that students have the same chance to make the same grade. In the hearing, it was discussed that some students might not have had the same opportunity to make the same grade when reading the alternative. There were good things that came out of the hearing that need to be strengthened. Trustee Gesuale reiterated that policy states materials must be presented ethically.

 

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

 

Motion that the Board uphold the three-member Board panel’s decision that reviewed an appeal of a decision made by a review committee of the book “Red Sky at Morning” and the Board directs the administration to ensure that procedures related to Policy 2311 be implemented in such a way as to insure: 1) parents know they have an option to object to a text and to seek an alternative; 2) parents are provided with the identity of the main and alternative texts at the beginning of the instructional semester or quarter; and 3) students completing alternative assignments are afforded the same educational opportunities that students reading the assigned text would receive.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, and Joel Guthals. The motion passed unanimously.

 

2007-2008 Committee Appointment Process

 

The Chair reported the committee structure had been restructured last year and he was, in his mind, clear that the School/Community Committee did not get off the ground. He suggested the committee structure be reviewed during the Board retreat and condense it down some more. The Chair asked the Board members to rank their selection on the committees that they would like to serve. He said he would place half to serve on the Planning and Development and the other half on the Budgeting for Results Committee. He asked the members to let him know on which of the other committees they would like to serve.

 

Trustee Guthals felt the Budgeting for Results did more things than was necessary. He suggested the Board take a careful look at that and review its role. Things that should have gone through the Energy Innovation Committee went straight to the Budgeting for Results Committee. It is important to protect and preserve the other committees’ turf. He was also concerned about an inordinate sense of power in a small number of people on the Board. Trustee Guthals wanted to make sure that the Board acts as a whole in decision-making. The Chair stated the members should try to attend the Agenda Setting Meeting, as it is a place that many things are discussed. He also wanted to make sure the power would be shared and get the committees up to full power.

 

As there was no further business, the meeting adjourned at 1:15 p.m.

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder