WINDHAM SOUTHEAST SCHOOL DISTRICT
53 Green Street
Brattleboro, VT 05301
www.wsesu.org
NOTICE OF BOARD MEETING
The Windham Southeast School District Board will meet at 6:00 p.m. on Tuesday, September 13, 2022 in the BUHS Multi-Purpose Room and remotely via Zoom
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AGENDA
I. CALL TO ORDER – 6:00 p.m. – Kelly Young, Board Chair
II. 6:05 – EXECUTIVE SESSION – 1 V.S.A. §313(a)(1)(F) Confidential Attorney- Client Communications made for the purpose of providing professional legal services to the body
III. 6:15 – Middle School Leadership Team / Youth Council Presentation – Cassandra Holloway, Diana Wahle, Students
IV. CONSENT AGENDA
• CLERK’S REPORT – Approval of Minutes – August 23 and August 30, 2022
• FINANCES
Warrants of August 15, 2022
7/26/2022 ACH Purchasing Card Payment $ 542.98
Warrant No. 1055 in the amount of 750.00
Warrant No. 1060 in the amount of 2,000.00
Warrant No. 1061 in the amount of 84.99
Warrant No. 1062 in the amount of 3,581.25
Warrant No. 1063 in the amount of 3,075.25
Warrant No. 1064 in the amount of 171,764.85
$181,799.32
Warrants of August 18, 2022
Warrant No. 1065 in the amount of $ 3,000.00
Warrant No. 1066 in the amount of 572.72
Warrant No. 1067 in the amount of 139,696.63
$143,269.35
Warrants of August 29, 2022
Warrant No. 1068 in the amount of $ 5,713.71
Warrant No. 1069 in the amount of 1,000.00
Warrant No. 1074 in the amount of 172.24
Warrant No. 1075 in the amount of 197.48
Warrant No. 1076 in the amount of 979,566.69
$986,650.12
Warrants of September 6, 2022
Warrant No. 1078 in the amount of $ 180,312.74
Warrant No. 1079 in the amount of 25,350.00
Warrant No. 1080 in the amount of 500.00
Warrant No. 1081 in the amount of 2,000.00
Warrant No. 1082 in the amount of 1,433.81
Warrant No. 1083 in the amount of 927,942.93
$1,137,539.48
Payrolls
August 12, 2022 $1,249,075.90
August 26, 2022 $1,385,799.36
V. Public Comment on Non-agenda Items (10 minutes)
VI. Unfinished Business
A. Sexual Abuse Investigation Update
B. Policy and Amendment Committee – Board Action Needed
• F12 – Transportation – Readoption
• F23 – Policy on the Prevention of Harassment, Hazing and Bullying of Students – Readoption
• F26 – Participation of Home Study Students in School Programs and Activities – Readoption
• F41 – Policy on Section 504 and ADA Grievance Protocol for Students & Staff – Adoption
• H1 – School-Community Relations – Readoption
C. Leadership Council Summit with Principals, LC Chairs, Members of Leadership Councils
VII. Administrative Report
VIII. Fiscal Report
IX. New Business
A. Policy and Amendment Committee:
• C7 – Board Relations With the Administrators – 1st reading
• D7 – Volunteers and Work Study Students – 1st Reading
B. Application for Equity Grant Currently Offered by VSBA
C. Board Trainings
D. Committee Updates
X. EXECUTIVE SESSION – 1 V.S.A. §313(a)(1)(A) Contracts
….
Note: These proposed minutes should be considered preliminary until they are approved by the
Board at a future meeting.
WINDHAM SOUTHEAST SCHOOL DISTRICT (WSESD) BOARD
TUESDAY, AUGUST 23, 2022
REGULAR BOARD MEETING – 6:00PM
HYBRID MEETING: BUHS MULTI-PURPOSE ROOM & REMOTELY VIA ZOOM
DRAFT MINUTES
WSESD Board Members Present: Chairperson Kelly Young (KY), Liz Adams (LA), Anne Beekman(AB), Kaiya Colby (KC), Lana Dever (LD), Michelle Green (MG), Tim Maciel (TM), Shaun Murphy(SM), Deborah Stanford (DST).
WSESD Board Members Absent: Emily Murphy Kaur
WSESU/WSESD Administrators and Staff Present: Mark Speno, Paul Smith, Mary Kaufmann, FrankRucker, Kelly Dias
Media Present: Chris Mays from the Brattleboro Reformer.
Others Present: Mindy Haskins Rogers, Tara Castine
Please note: this attendance may be incomplete.
I. CALL TO ORDER
Chair KY called the meeting to order at 6:05pm.
Mindy Haskins Rogers reported some attendees were unable to access the online remote meeting.
KY announced a change to the agenda.
MOTION BY KY TO MOVE THE EXECUTIVE SESSION TO THE SECOND ON THE AGENDA — UNDER 1 V.S.A. § 313 (a)(3) THE APPOINTMENT OR EMPLOYMENT OR EVALUATION OF A PUBLIC OFFICER OR EMPLOYEE, PROVIDED THAT THE PUBLIC BODY SHALL MAKE A FINAL DECISION TO HIRE OR APPOINT A PUBLIC OFFICER OR EMPLOYEE IN AN OPEN MEETING AND SHALL EXPLAIN THE REASONS FOR ITS FINAL DECISION DURING THE OPEN MEETING — TO BE THE FIRST EXECUTIVE SESSION. DSC SECONDED. MOTION CARRIED UNANIMOUSLY.
KY said that at the August 9 WSESD Board meeting, one Board member issued a point-of-order to interrogate the reason for entering into the third Executive Session. KY said she was advised that the session should perhaps have been warned under 1 V.S.A. § 313 (a)(3) or 1 V.S.A. § 313 (a)(4). KY reported that if it is determined that this was a violation of Open Meeting Law (OML), it will be cured by this evening’s discussion on Board trainings.
KY said that the last Board meeting’s agenda was questioned. KY said it is the Board’s responsibility to determine the agenda, and that she seeks feedback from the administration and other Board members in advance of issuing the agenda. She said at the last meeting there was a potential error or misunderstanding. She said that all points-of-order are directed by the Chair, the Chair’s rule is final, and all further challenges to the Chair are in violation of Robert’s Rule of Order, which is the set of guidelines the Board uses to conduct its meetings. KY said that clarifications should be done directly, and not during the meeting because it is not efficient. KY said she sent all Board members Robert’s Rule of Order resources for their training.
II. CONSENT AGENDA
– CLERK’S REPORT – Approval of Minutes – August 9, 2022
MOTION BY AB TO APPROVE THE MINUTES OF AUGUST 9, 2022. TM SECONDED. TM MADE A MOTION TO AMEND THE MINUTES TO INCLUDE THE NOTE THAT THERE WAS A DISCUSSION OF THE VSBA WORKSHOP THAT WAS NOT RECORDED. AB AGREED TO THE AMENDMENT. MOTION CARRIED UNANIMOUSLY.
TM noted this discussion occurred at the end of the meeting when the BCTV recording ended.
MG attempted to make a motion to add something, unspecified, that was not included in the recording or the minutes. DSC and KY said the minutes were just approved and MG’s motion was out-of-order. MG dissented, and said she voted on TM’s amendment, not on whether or not to approve the minutes. MG said she had indicated that she also had an amendment to make.
KY said MG could email her the amendments and KY will put it on the agenda for the next meeting. MG dissented, and said she had already emailed KY and TM about this before this meeting, and was told to bring it to this meeting.
MG produced her Robert’s Rule of Order and proposed consulting it to determine the proper procedure. A discussion ensued. KY said the amendment discussion will occur at the next Board meeting.
III. PUBLIC COMMENT ON NON-AGENDA ITEMS
Mindy Haskins Rogers said attendees are still unable to access the online meeting. Academy School Principal Kelly Dias said the link on the Facebook page is incorrect.
IV. UNFINISHED BUSINESS
A. Sexual Abuse Investigation Update
KY said the Board expected a report from the investigator, but the investigator received more information which has delayed the report. KY said she expects the report soon. Reformer reporter Chris Mays asked if the report will be a full report, or an update. KY and DSC said they did not know until they receive the report from the investigator.
Mindy Haskins Rogers said there is a lot of misinformation about the investigation appearing on social media, including some coming from current and former District staff. She requested the Board issue some metadata with statistics, but without identifying information, to help quell the misinformation. She said the employees’ misinformation could discourage reporting. KY said the Board will look into it, and said that Superintendent Mark Speno can address the issues with current employees.
B. Sexual Abuse Investigation Communication Plan – Draft Press Release
DSC said the Board incorporated the suggested changes into the press release, and that Board members received the current draft. DSC read the current draft into the record.
MOTION BY DST TO APPROVE THE DRAFT PRESS RELEASE. LD SECONDED. MOTION CARRIED UNANIMOUSLY.
C. Policy and Amendment Committee – Board Action Needed
• D9 – Alcohol and Drug-Free Workplace – Readoption
• D10 – Resignations – Readoption
• D12 – Policy on Prevention of Harassment of Employees – Readoption
• F22 – Student Assessment – Readoption
• F30 – Pupil Privacy Rights – Readoption
• D9 – Alcohol and Drug-Free Workplace – Readoption
• D10 – Resignations – Readoption
• D12 – Policy on Prevention of Harassment of Employees – Readoption
• F22 – Student Assessment – Readoption
• F30 – Pupil Privacy Rights – Readoption
MOTION BY DST THAT THE WSESD SCHOOL BOARD APPROVE FOR READOPTION THE FOLLOWING POLICIES THAT WERE PRESENTED FOR FIRST-READING AT THE AUGUST 9TH BOARD MEETING. THE 10-DAY WARNING PERIOD HAS PASSED WITH NO COMMENT. THE POLICIES ARE: D9 – ALCOHOL AND DRUG-FREE WORKPLACE, D10 – RESIGNATIONS, D12 – POLICY ON PREVENTION OF HARASSMENT OF EMPLOYEES, F22 – STUDENT ASSESSMENT, AND F30 – PUPIL PRIVACY RIGHTS. AB SECONDED. MOTION CARRIED UNANIMOUSLY.
D. Leadership Council Summit with Principals, LC Chairs, Members of Leadership Councils
KY noted this was tabled from the previous meeting. She asked for discussion.
DST said the Policy and Amendment Committee will discuss Leadership Councils (LCs), and will strategize how to receive feedback from LCs, at their next meeting. She said they will also reach out to every LC for their feedback, and the Committee needs time to do this.
TM recommended soliciting feedback from students, too.
MG asked if the Policy and Amendment Committee is planning to draft a policy on creating communication channels. DST said no, and they have yet to begin discussion. DST said this will happen, though, at their next meeting on September 6 at 3pm, and that everyone is invited to this meeting, which is open to the public.
KC asked if any students, even those not part of school councils, are welcome to offer feedback. DST said yes.
Tara Castine said a 3pm meeting can be difficult for some working parents. DST said scheduling meetings is difficult, but the meetings’ recordings are posted afterwards. DST invited anyone unable to attend to watch the recordings and submit comments afterward. KY noted all Board email addresses are posted on the website.
V. ADMINISTRATIVE REPORT
Superintendent Mark Speno gave his report. Highlights included:
• As Mark arrived at the meeting, he saw many students practicing in the fields, which was a welcoming sight.
• A report on some developments that occurred over the summer, such as:
◦ The new Nurse Leader for the WSESU, and the COVID Coordinator, Rebecca Olmstead, successfully applied for a $79,000 Agency of Education grant to support nurse teacher leadership. This happened in her second week on the job.
◦ In early-August, the middle school leadership retreat took place, and it included students. They would like to make a presentation at a future Board meeting.
◦ In July, the elementary school summer school took place in two two-week sessions. It mostly consisted of enrichment activities, with some academics each day. Parents and students reported it went very well. This is its second year, and has been very helpful at developing community coming out of COVID.
• The full administration retreat took place this week. There is quite a bit of transition at the administrative level, and it was their first opportunity to meet as a full group in-person.
• The first new-teacher meeting took place this week, with the administration in attendance. It went very well.
• Staffing update: all classroom teacher positions are filled, most certified teacher positions are filled, and some para-educator positions need to be filled. This puts the schools in very good shape, and is a vast improvement over two weeks ago. DST and LD praised Mark and the administration.
TM said he supports the proposed peer-observation plan. DST, who is a former teacher, extolled the benefits of teachers visiting classrooms outside of their area of expertise.
DSC asked the Board to consider how it can support the staff’s current high level of excitement throughout the school year.
Mark announced a new hire: BAMS Academic Support teacher, Amy Martinez, for a one-year position.
MOTION BY AB TO APPROVE THE NEW HIRE AS PRESENTED. DSC SECONDED. MOTION CARRIED UNANIMOUSLY.
VI. FISCAL REPORT
WSESU Business Manager Frank Rucker presented his report, which was a recap of the Finance Committee meeting from two weeks ago. Frank explained that there was not much time to present this at the last Board meeting. Highlights included:
• The budget was $55.8 million, and actual spending was $55.1 million. This equals approximately a 1% variance, which is a good reflection on the finance team and systems.
• Revenues were approximately $154,000 less than spending.
• Looking ahead, there was a $5.3 million fund balance. Now, there will be a $5.1 million fund balance. This is still approximately 10% of the operating budget, which indicates a very strong financial position.
• The Finance Committee discussed the 30+ ongoing capital projects for Fiscal Year 2023.
• These results include a $1.27 million transfer from the General Fund to the Capital Fund to support the projects that the Board approved in March. The Capital Fund is $3.8 million, which puts the school system in good shape.
• ESSER fund spending continues, and these projects are going well.
• The annual CPA audit is coming soon, and the draft report should arrive in October or November.
• The finance team is currently conducting a great deal of fiscal reporting. Mark Speno noted how remarkable it is to come within 1% of an almost $60 million budget.
VII. NEW BUSINESS
A. Policy and Amendment Committee:
• F12 – Transportation – 1st Reading
• F23 – Policy on the Prevention of Harassment, Hazing and Bullying of Students – 1st Reading
• F26 – Participation of Home Study Students in School Programs and Activities – 1st Reading
• F41 – Policy on Section 504 and ADA Grievance Protocol for Students & Staff – 1st Reading
• H1 – School-Community Relations – 1st Reading
DST said this is the first reading of the policies listed on the agenda [and above]. he committee offers the public 10 days to review and comment on them. DST welcomed the public to contact any member of the committee, which consists of her, SM, LA, TM, and DSC. Unless there are no objections, the policies will be approved at the next meeting. DST noted the rate of policies being reviewed will slow down soon, and that Executive Secretary Barb Nowakowski has been very helpful.
DST reviewed the edit marks in the policy document:
• Strikeouts are VSBA deletions, and the Policy and Amendment Committee has accepted these changes.
• Bold indicates VSBA edits, which the committee accepted.
• Highlighted in blue indicates a decision by the Policy and Amendment Committee to retain wording the VSBA says is unnecessary.
• Highlighted in red indicates Policy and Amendment Committee additions.
B. Board Trainings
KY said the Board has had a series of restorative justice trainings, with two more to come, schedules to be determined. KY said the diversity training schedule is also to be determined. KY said she has sent the Board links to Robert’s Rules of Order, and more will come soon.
MOTION BY DSC TO AUTHORIZE THE CHAIR TO ORDER COPIES OF ROBERT’S RULES OF ORDER, NEWLY REVISED, FOR BOARD MEMBERS. LD SECONDED.
MOTION CARRIED UNANIMOUSLY.
DS invited Board members to discuss their recent restorative justice trainings. A discussion ensued. KY noted the third Executive Session at the last meeting referred to something that happened prior to the last VSBA training that she could not discuss, but the Board needed to discuss how to go forward.
VIII. EXECUTIVE SESSION — 1 V.S.A. §313(a)(1)(A) CONTRACTS MOTION BY KY FOR THE BOARD TO GO INTO EXECUTIVE SESSION BASED ON
AFTER MAKING A SPECIFIC FINDING THAT PREMATURE GENERAL PUBLIC KNOWLEDGE WOULD CLEARLY PLACE THE PUBLIC BODY OR PERSON INVOLVED
IN SUBSTANTIAL DISADVANTAGE. AB SECONDED.
MG requested a discussion. She asked for information on the specific findings warranting an Executive Session.
KY said it was to discuss a student representative on the Board.
MG challenged KY on her assertion that this involved contracts.
KY responded: that’s the second Executive Session.
KY TOOK A ROLL-CALL VOTE. AB, DSC, DST, TM, LD, SM, AND LA VOTED YEA. MG ABSTAINED. MOTION CARRIED 7-1.
IX. EXECUTIVE SESSION — 1 V.S.A. §313(a)(3) CONTRACTS: the appointment or employment or evaluation of a public officer or employee, provided that the public body shall make a final decision to hire or appoint a public officer or employee in an open meeting and shall explain the reasons for its final decision during open meeting.
MOTION BY DS TO ENTER INTO EXECUTIVE SESSION UNDER 1 V.S.A. §313(a)(3) FOR CONTRACTS: THE APPOINTMENT OR EMPLOYMENT OR EVALUATION OF A PUBLIC OFFICER OR EMPLOYEE, PROVIDED THAT THE PUBLIC BODY SHALL MAKE A FINAL DECISION TO HIRE OR APPOINT A PUBLIC OFFICER OR EMPLOYEE IN AN OPEN MEETING AND SHALL EXPLAIN THE REASONS FOR ITS FINAL DECISION DURING OPEN MEETING. AB SECONDED. MOTION CARRIED UNANIMOUSLY.
The Board entered into Executive Session at approximately 7:15pm. [Note from your Board Recorder: it was not indicated by the Chair in the recording what time they entered. I have estimated the time.] The Board rose from executive session at 7:53pm.
MOTION BY TM THAT TO ENSURE THE SUCCESS OF THE STUDENT REPRESENTATIVES NEWLY APPOINTED TO THE BOARD, THE BOARD SHALL
APPROVE A MENTORSHIP PROGRAM WITH THE NOTE THAT THERE ARE DIRECTORS ON THE BOARD WHO WILL REACH OUT TO THE STUDENT
REPRESENTATIVES TO SPEAK TO THEM ABOUT BECOMING THEIR MENTOR. DST SECONDED. MOTION CARRIED UNANIMOUSLY.
Mark Speno noted that because the Student Representatives are minors, they will need parental permission. A discussion ensued. The Board reached consensus that they will draft a memorandum for parents with the parameters of the program and present it at the next Board meeting. They will seek the student representatives’ participation in drafting the memorandum.
MOTION BY KY TO ENTER EXECUTIVE SESSION AFTER MAKING A SPECIFIC FINDING THAT PREMATURE GENERAL PUBLIC KNOWLEDGE WOULD CLEARLY PLACE THE PUBLIC BODY OR PERSON INVOLVED IN SUBSTANTIAL DISADVANTAGE. TM SECONDED.
SM made a point-of-order: he noted MG had requested a discussion about this. MG asked for clarification on the finding that would create the disadvantage. Mark Speno, who requested the Executive Session, said it was for a personnel matter. This motion was not voted upon.
MOTION BY KY TO ENTER INTO EXECUTIVE SESSION UNDER 1 V.S.A. §313(a)(1)(A) CONTRACTS. DS SECONDED. MOTION CARRIED UNANIMOUSLY.
KY AMENDED THE MOTION TO INVITE MARK SPENO. DST SECONDED. MOTION CARRIED UNANIMOUSLY.
The Board entered Executive Session at an un-named time. The Board rose from Executive Session at 8:05pm.
MOTION BY AB THAT THE BOARD APPROVE THE RECOMMENDATION MADE BY THE ADMINISTRATION IN REGARD TO A TEACHER’S LEAVE OF ABSENCE. SM SECONDED. MOTION CARRIED UNANIMOUSLY.
MOTION BY KY TO ENTER EXECUTIVE SESSION AFTER MAKING A SPECIFIC FINDING THAT PREMATURE GENERAL PUBLIC KNOWLEDGE WOULD CLEARLY
PLACE THE PUBLIC BODY OR PERSON INVOLVED IN SUBSTANTIAL DISADVANTAGE. DST SECONDED.
PLACE THE PUBLIC BODY OR PERSON INVOLVED IN SUBSTANTIAL DISADVANTAGE. DST SECONDED.
MG asked for clarification on the finding. KY replied: Under 1 V.S.A. §313(a)(3) and 1 V.S.A. §313(a)(4), as suggested by counsel.
KY TOOK A ROLL-CALL VOTE: DSC, DST, TM, LD, AND LA VOTED YEA. SM AND MG ABSTAINED. MOTION CARRIED 5-2.
Note: AB’s vote was not indicated. [Note from your Board Recorder: That SM and MG abstained was not entirely clear from the way KY called roll, and AB’s
vote was not announced. In your Board Recorder’s experience with other Boards, the Chair calls roll by naming all members of the governing body by name, one-at-a-time, and they call out their vote. This makes life immensely easier for your Board Recorder, and makes the vote clearer for anyone in the public who is attending.]
vote was not announced. In your Board Recorder’s experience with other Boards, the Chair calls roll by naming all members of the governing body by name, one-at-a-time, and they call out their vote. This makes life immensely easier for your Board Recorder, and makes the vote clearer for anyone in the public who is attending.]
MOTION BY KY TO ENTER INTO EXECUTIVE SESSION UNDER 1 V.S.A. §313(a)(3) FOR THE EVALUATION OF A PUBLIC OFFICER OR EMPLOYEE, PROVIDED THAT THE PUBLIC BODY SHALL MAKE A FINAL DECISION TO HIRE OR APPOINT A PUBLIC OFFICER OR EMPLOYEE IN AN OPEN MEETING AND SHALL EXPLAIN THE REASONS FOR ITS FINAL DECISION DURING OPEN MEETING, AND 1 V.S.A. §313(a)(4) FOR A DISCIPLINARY OR DISMISSAL ACTION AGAINST A PUBLIC OFFICER OR EMPLOYEE.
MG challenged the motion by questioning whether the Board can enter into Executive Session under both statutes. KY said she has been told this is allowed.
DST SECONDED.
KY TOOK A ROLL-CALL VOTE: AB, DST, TM, LD, DSC, AND LA VOTED YEA. SM AND MG ABSTAINED. MOTION CARRIED 6-2.
SM said he abstained because there are questions that have not been answered to everyone’s satisfaction and he is disappointed. MG said she abstained because of a lack of information. The Board entered into Executive Session at 8:10pm. The Board rose into Executive Session at 9:02pm.
MOTION BY AB TO APPROVE THE COMMUNICATION AS DRAFTED BY THE DEPUTIZED BOARD MEMBERS, AND PROCEED TO RELEASE IT TO THE VSBA AND OUR ADMINISTRATION. LD SECONDED. MOTION CARRIED UNANIMOUSLY. MOTION BY AB TO ADJOURN. LA SECONDED. MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 9:03pm.
DOCUMENTS PRESENTED:
There were none.
Respectfully submitted by Wendy M. Levy from minutes taken by Wendy M. Levy.
This represents my understanding of the above dated meeting. If you have any changes, please submit at the next meeting.
