The resolution being proposed for a vote by the School Board is here for your review. The Attorney General recently published an opinion regarding how public bodies should conduct business during an emergency when they cannot meet in person and have the public attend. The AG stated: “the General Assembly did not intend to permit public bodies to handle all business through electronic communication means, even during a declared emergency,” and that “public bodies should carefully consider whether taking a given action during a meeting held by electronic communication means is truly essential and should defer any and all decisions that can be deferred until it is once again possible to meet in person.” He further stated that "it is my opinion that Code § 2.2-3708.2(A)(3) permits public bodies that are unable to assemble in person because of the unique characteristics of the COVID-19 virus to meet electronically to make decisions that must be made immediately and where failure to do so could result in irrevocable public harm." The full opinion can be found here: https://www.oag.state.va.us/files/Opinions/2020/Sullivan-Opinion-Request.pdf It appears to me that the resolution up for a vote on Tuesday is to allow the School Board to proceed on topics not related to the emergency. Item #6 would allow the School Board to meet electronically for reasons that "include but are not limited to": -procurement of goods and services -adoption or amendment of politices and regulations -staffing -facility usage -transportation -acquisition and disposal of public and real property -construction of facilities and related contracts It is my opinion that this resolution oversteps the bounds of laws governing emergency electronic meetings. When I asked the deputy city attorney for the School Board to provide me with how this resolution complies with law, her response was "What this resolution does is allow School Board meetings that will allow normal operational decisions to be made." Based on the AG's opinion, electronic meetings are for emergency decisions not "normal operational decisions". The Governor even addressed this topic in one of his new conferences: Watch starting around 2:50: https://www.facebook.com/GovernorVA/videos/205693103862445/ Regarding Grading and Grade Point Averages: The authority to award grades and determine grade point averages rests with local school divisions. School divisions should consider the guidance related to distance and online learning and the considerations regarding equity and a thoughtful approach to instruction, and the impact of alternative measures of achievement and mastery, including the possibility of offering “pass” or “fail” as a final grade. Whereas the VDOE recognizes that decisions on grades are a local decision, the VDOE does not recommend grading work completed during the closures since schools are closed. Additionally, VDOE recognizes that grade calculations and GPA are a local policy issue. VDOE does recommend that school divisions establish a methodology to fairly calculate grades based on work previously completed and a methodology for including said grades in GPA calculations and on student transcripts. VDOE encourages school divisions to work closely with VDOE should they feel they need additional flexibility within the transcript regulations. The VBEA (Virginia Beach Education Association) a subsidiary of the NEA (national teacher's union) filed a complaint against me with the school board. The School Board "governance committee" was scheduled to hear the complaint today at 1pm. I was not notified of the complaint until 3 hours before the meeting even though the chair and vice chair had received it 6 days ago. "I completely reject and deny the VBEA’s allegations against me. I have worked tirelessly over the last several years to stand up for our employees’ concerns related to student discipline problems and I find it reprehensible that an organization that claims to be an advocate for teachers has attacked me in this way." In March of 2019, I referred a matter to the Commonwealth's Attorney's office because I felt there may have been a violation of law. Recently, someone requested a copy of all of my e-mails on this matter and that information is being provided. So, I want to summarize what is in the e-mails and make the public aware.
First, I believe the VA Beach School Board is one of the most ineffective and dysfunctional organizations of which I have ever been involved. The leadership doesn't lead and those of us who try to lead and ask questions are censored. I strongly felt that laws had been violated when I saw evidence that Dr Spence was being paid by VBCPS to attend ERDI conferences and also accepted payment from ERDI. The law states § 2.2-3103. Prohibited conduct: No officer or employee of a state or local governmental or advisory agency shall: 1. Solicit or accept money or other thing of value for services performed within the scope of his official duties, ERDI is a controversial organization in which Superintendents are paid to attend their conferences and edtech companies then pay tens of thousands of dollars to also attend these meetings and to meet in small groups with Superintendents. There has been controversy about this organization across the country When I discovered that Dr Spence had also created a consulting business that was not known about by the school board, it really raised suspicion especially since he is required to have prior approval of the School Board for outside employment. I took an oath to uphold the law and if I felt laws were being broken, it could have been a violation of law for me to NOT report it to the proper authorities. The Commonwealth's Attorney's office determined that there wasn't enough information to open an investigation and they never asked for any additional documents. On the dais last week, current School Board Chair Ms. Rye stated that there were no contract violations by the Superintendent and she said that is what the auditor determined. Ms. Weems, Ms. Hughes and I (not all 3 together) reviewed the audit document again last week with our auditor. The audit found that Dr Spence did NOT receive prior approval for paid outside activities, which is a contract violation. Dan Edwards stated he was aware that Dr Spence attended ERDI meetings but was not aware of his compensation for the events. The audit also found that Dr Spence was NOT compliant with his employment contract for paid outside activities in which he did not take annual leave but instead was being paid by the taxpayer. So it was completely wrong for Ms Rye to falsely accuse me of lying about the violations of the contract. In fact, because of Ms. Rye's statement, people are publicly stating that the audit cleared Dr Spence of all wrongdoing, which is absolutely false. I have asked Ms. Rye multiple times to correct her statements and she will not. The Board will NOT release the non-redacted audit report. During the audit investigation Beverly Anderson (former school board chair) attempted to interfere in the investigation by contacting the auditor and demanded a meeting. I use the term “intimidation”. Anderson questioned the auditor about why the investigation was continuing, she wanted it to be finished. Also, during the investigation and before the investigation was completed, Dan Edwards (who is also the chair of the audit committee) discussed with the Superintendent to pay back money that the Superintendent should not have received and to pay back the professional leave time that he used instead of vacation time. Having discussions with the target of an investigation by the auditor while the investigation is still ongoing is absolutely improper. If a teacher was being investigated for wrongdoing, would a Board member contact the teacher to let them know and attempt for the teacher to make restitution before the completion of the investigation? I was removed from the audit committee shortly after the investigation, yet Anderson and Edwards continued in their positions. I still do not understand why the Commonwealth's Attorney's office would not open an investigation into this matter, but I must accept their decision. However, it is also important to me to not allow Board members to publicly accuse me of lying as Ms Rye did last week. Watch this video at the 1 hr 8 minute mark: https://www.youtube.com/watch?v=dT-WMST4n6I&feature=youtu.be Superintendent's Budget Recommendations called the "SEON or Superintendent's Estimate of Needs":2/5/2020
A special meeting took place yesterday for the School Board and public to receive the proposed budget recommendations. Here are few items that in the SEON:
1. A proposed 6.5% employee raise over 2 years (Governor proposed 3% but will not be funded by the state until the 2nd year.) 2. State is requiring a 1% increase in employer contributions toward VRS retirements which will cost the division $4.5 million. 3. Reversion funds (one time money-$4 million) will be used to pay for full day kindergarten. 4. Additional teachers for the ESL program-- There has been a 40% increase of non-english speaking students in Virginia Beach in 2 years. 5. A state mandate to eliminate waivers for class size at the Elementary level will require 38 new teaching positions ($2.9 million). 6. Student enrollment is down by 2,312 in the last 5 years and is predicted to continue to decline. (see chart) The total SEON net budget of all funds for this year is $942,072,738.00 . This is an increase of $35,452,260.00 from last year. I have been asked several times for a copy of the Audit Report into the Investigation of the Superintendent's outside business dealings. I would like to provide a copy of the non redacted version but I have been told by the Board it cannot be released and I have also not been allowed to keep a copy. Here is a copy of the redacted report that was previously released to the media. Note, the School Board auditor is limited in her ability to investigate since she does not have subpoena power.
Did the Board take any action against the Superintendent. The open document does state that he had outside employment with ERDI. His employment contract which is a public document, states that he must have prior approval from the School Board to have outside employment. I was never asked, consulted, nor voted on the topic of the Superintendent having outside employment prior to the fall of 2018. I finally received a little more info regarding the lead in the water issue-- see documents below. I still have unanswered questions, such as 1) Why wasn't the public and School Board notified immediately of the lead in the water rather than over a month later? 2) Was it a strategy to notify the Board and Public the day AFTER the elections? 3) Who knew about the lead in the water and took no action to secure the tainted sources and are they still employed? 4) When will results be received from the additional schools tested? My colleague Laura Hughes made a request at the Board meeting last night to have the topic of the lead in the water to be added as an agenda item at the next meeting so we can discuss the topic publicly. However, it doesn't appear that request will be granted. The School Board by-laws do permit the public to request to have it added to the agenda for discussion: Send an e-mail to the Board Chair at : vbcpsschoolboard@googlegroups.com & askthesuperintendent@vbschools.com. "Patrons of the School Division who desire to suggest items to be included on the agenda of a particular meeting shall submit in writing such request to the Chairman in care of the Office of the Superintendent at least fifteen (15) working days prior to the day of the meeting." https://www.vbschools.com/about_us/our_leadership/school_board/policies_and_regulations/section_1/1-39 The Freedom Of Information Act dictates that the School Board can only go into closed meetings for specific purposes and at the end of the meeting, the Board must certify whether or not the topics discussed were for only the stated purposes of going into the closed meeting. (Code 2.2-3712 D)
On Aug 13th, the Board went into a closed meeting for the purpose of a "grievance hearing" for the Superintendent. Va Code 22.1-79 does not allow for this. The reason for the "grievance" was because the Superintendent wasn't pleased with the performance review given to him by Ms. Hughes (even though he still received 100% of his $11,000 bonus). The other reason was because he wasn't pleased with comments made on my social media page (by the way, the School Board attorney has told us that we cannot censor public comments). Rather than calling me and sharing his concerns with me, the Superintendent decided to file a grievance with the Board for a "hostile work environment" that led to these violations of law by the Board. Additionally, the law states that the Board cannot go into closed session to discipline a fellow Board member. During this closed meeting I was accused of defamation, lying and nefarious actions. The Board chair even had a 2 page resolution drafted by the School Board attorney condemning me and Ms. Hughes. I did not defame, lie or have nefarious actions and I will not sit idly by and have my character assassinated by my colleagues. At the end of that closed meeting, Ms Hughes, Ms Weems and I voted to not certify the meeting and stated numerous times that conversations were in violation of the law. However, the rest of the Board did vote to certify the meeting. Our purpose for hiring attorney Kevin Martingayle was to try to get the Board to acknowledge their mistake and to try to prevent future violations of FOIA. Unfortunately at the last meeting, most Board members still state they did nothing wrong. However, they did decide to vote (8-2) to approve this statement: “To the extent that FOIA was violated, the School Board members will not do it again.” (The Board Chair Anderson still won't admit wrongdoing and voted against this statement even though in my opinion she was the biggest offender of the Freedom of Information Act). The School Board attorney even stated in last week's meeting that it was not in the Board's best interest to go to court and that the Board was "likely to get slapped by the court" if it was taken to court. At this time, we do not plan to move forward with a suit against the Board but will expect that our colleagues take the law seriously and stop holding conversations behind closed doors in violation of FOIA. https://www.pilotonline.com/news/education/vp-nw-beach-school-board-20191024-z6563pia4jdsdarw2wtzrudkcy-story.html Last night the Board approved a new survey to be sent out to the community with a clear option of choosing the proposed times or no change. My colleague Ms. Weems also asked that the Board be able to review the survey before it is sent out. So, most likely the vote on the start time topic will not occur at the next meeting.
Thank you to all (on both sides of the issue) who have taken the time to provide input. One speaker last night mentioned the term "community disruption" regarding the potential negative aspects of the change (known or unknown). As a Board member I need to weigh the benefits of a later start time with the consequences of the "community disruption". I do have great concerns of how the proposed times could impact the greater community, especially HS students who need to work or babysit younger siblings in order for their families to be able to function. I also have concerns with the fact that students will still be getting up early for morning sports and clubs which will defeat the purpose of later start times for adolescents. In the Spring of 2017 VBCPS conducted a survey that asked if respondents favored a later school start time for adolescents. The initial survey indicated that the community supported this idea.
After much research and planning, staff provided the Board with their final recommendations on Tuesday: Elementary A schools: 7:30 a.m. – 2 p.m. Elementary B schools: 8:00 a.m. – 2:30 p.m. Middle schools: 8:40 a.m. – 3:10 p.m. High schools: 9:20 a.m. – 4:10 p.m. Additional one time costs of $2.5 million (for field lighting) plus 80 more hours of bus driver time per day (approx $325,000/year). My colleague Laura Hughes and I have asked for the Superintendent and Board to conduct a final survey now that all costs and final times are known. I do not know if that request will be approved. I do have a high schooler, so I understand first hand the impacts of this decision. I also understand the benefits of later start times for adolescents. It is imperative for me to know what the community wants. So, I hope that the Board will agree to a final survey on the topic with all of the information asking the public if they are in favor of making a change or keeping the times the same. The group e-mail for the board if you wish to provide input directly is: vbcpsschoolboard@googlegroups.com I, along with my colleagues Laura Hughes and Carolyn Weems, have hired Attorney Kevin Martingayle to represent us in a dispute against the School Board. Since the School Board Attorney has given a copy of our complaint to the media, I would like to respond.
On August 13th, the School Board went into a closed meeting for a "grievance hearing". The grievant was Superintendent Aaron Spence . Hughes, Manning and Weems voted against going into closed session and voted against certifying closed session. According to Code of Virginia 15.2-1507(A)(3)(a)(1), the law states "Unless otherwise provided by law, all nonprobationary local government permanent full-time and part-time employees are eligible to file grievances with the following exceptions: (1) Appointees of elected groups or individuals". Dr Spence is an appointee of the elected school board. We believe it was a violation of the Freedom of Information Act for this hearing to take place. We also believe that other discussions that took place in the closed meeting were a violation of the law. Our letter that was provided to the media, states that the hearing was related to the Superintendent's accusation of "abusive conduct" and a "hostile work environment". The "conduct" referenced is related to my transparency on social media and posts made by other members of the public on my page. I completely reject the notion that I have participated in any inappropriate conduct or hostile work environment. My platform when running for office in 2016 was focused on transparency and I do my best to communicate with the public. I expose the truth even if it goes against the "division narrative". I will fight back against any retaliation against me for my transparency. I am employed by and report to the citizens of Virginia Beach. It is our goal to ensure that the School Board is operating within the parameters of the law and that the public is kept fully informed. We hope that the School Board will comply with the law regarding the requests of our dispute letter and that we do not have to seek resolution in court. Spence states in his letter to the Pilot “I did not allege abusive conduct on the part of any Board member." Yet in the same letter he states, "One Board member has created a public forum in which I am regularly demeaned." https://www.pilotonline.com/news/education/vp-nw-grievance-school-board-20190927-yvadvqppvbdgxfndhqqr4555k4-story.html?fbclid=IwAR1RYeaZ81nIIaeOOolSHD3VyHqdHRTAV2-o6Bbuq06gZj2sIERvyok0_G0 At last week's school Board meeting, 3 Board members (Holtz, Edwards and Melnyk) stated that Virginia Beach Schools "does not have a discipline problem" (Melnyk's comment was off camera). That isn't what teachers at many schools throughout the district have indicated on surveys conducted by the VDOE. I believe that the culture of leniency and PBIS-type programs that contributed to the Parkland school shooting, is a big part of the problem in VBCPS. I will continue to try to be the voice of teachers, parents and students who continue to contact me about their concerns on this topic. This topic in the video begins around 1 hr 33 min. At Tuesday's School Board meeting I asked the question:
Does VBCPS have any measurable data that shows PBIS is improving student discipline? The answer was NO. However, we continue to implement this expensive program (now in all of our schools) that I believe is failing our students and teachers. It didn't work in Parkland Florida where the school shooting occurred and it isn't working in VB. I have voted against funding for PBIS and I will continue to vote against the program. School safety/student discipline is my #1 priority this year. I will not stay silent while sexual assaults are occurring and students are bringing guns to school. Parents need to know what is happening and teachers need to be supported!!! Thank you to Andrew Pollack - Parkland Parent for his inspiring book "Why Meadow Died" https://www.amazon.com/Why-Meadow-Died-Policie…/…/1642932191 that I just started reading last night. I will not stand idly by and allow the same thing to happen in our district. The same type of programs that were implemented in Parkland are being implemented across school districts throughout the country. Including VBCPS. Please read this article: https://rightwisconsin.com/2019/08/06/study-shows-federal-school-discipline-policy-not-working?fbclid=IwAR1FElZZENSehrdnsumrI-g6xa0fG7z-zCfrqpLW43FrpnnWR4Abh7LZfbs ARE SCHOOL SAFETY AND STUDENT DISCIPLINE CORRELATED? Take a look at these survey summaries from Middle School Teachers in VB. I believe 100% of teachers should feel safe at school. I was unable to attend the last school board meeting because I was out of town on a mission trip.
While I was gone, the School Board voted 8-2 to remove me from all major committees. I previously served on the Audit Committee and the Mayor's Committee for Persons with Disabilities. Each July, committees may be reassigned by the Chair and Vice Chair. Based on School Board by-laws, committees should be equitably distributed and be based on interest, experience and skills. Chair Anderson and Vice Chair Melnyk make the assignments and then the full Board votes on whether or not to approve. Here is a list of how many major committee assignments for Board members (committees that meet monthly-- with the exception of student discipline committees): Edwards: 3 Melnyk: 4 Rye: 3 Riggs: 3 Felton: 3 Owens (new member): 2 Holtz: 3 Weems: 1 Hughes: 0 Manning: 0 I had requested to be placed/kept on the Audit Committee and Mayor's Committee for Person's with Disabilities. One of my colleagues on the audit committee had even stated to me that she would be willing to step down from the audit comm if someone else wanted to serve. Instead, I was removed from the audit committee. This retaliation is a clear violation of school board by-laws and in my opinion a retaliation for my transparency to the public on issues of concern. I will not stop providing transparency to the public regarding issues in our schools, whether positive or negative. I know many of my colleagues take issue with me communicating with the public about anything that is negative, but I didn't run for office to be a cheerleader for the Superintendent. I ran for office to make sure our students get the best education possible and that parent voices are heard. It is my understanding that at the public meeting prior to the vote, Ms. Melnyk said that the reason for our committee removal is because some of us have "nefarious intentions". Over the coming weeks, I will be communicating even more information with the public that I believe you have the right to know. I believe student discipline and school safety are correlated. I continue to share my concerns regarding student discipline problems in our schools with the Superintendent and School Board, yet only 2 other Board members acknowledge there is a problem. I believe that a lack of consequences for breaking the rules and PBIS practices that have been implemented in many of our schools are part of the problem, yet the Superintendent will be fully implementing the PBIS program in all of our schools next year.
The VDCJS surveys along with the VDOE working conditions surveys are proof that discipline problems are worsening. The issues MUST be addressed. I hope that my colleagues on the school board will recognize these problems or that the citizens will help me by speaking up to bring about change. SAFETY MUST BE OUR FIRST PRIORITY!!! The public can access these surveys here: https://www.dcjs.virginia.gov/virginia-center-school-and-campus-safety/school-safety-survey/secondary-school-climate-survey/results Here is my summary of some of the statements/questions on the survey: TEACHER DISTRICT WIDE SURVEY RESULTS SUMMARY 2019, 6-8th grade: 57% of teachers stated that "A student said rude or insulting things to me" 24% of teachers stated that "A student stole or damaged my personal property" 32% of teachers stated that "Bullying in this school is a problem" 46% of teachers stated that "Students can get away with breaking the rules pretty easily" INDIVIDUAL SCHOOLS SUMMARY The numbers below indicate the percentage of teachers in agreement with the following statement. (some school data not available) "Discipline Practices at this school are effective". Kempsville MS: 2015 93% agreed 2019 50% agreed Lynnhaven MS: 2015 58 2019 27 Brandon MS: 2015 88 2019 46 Plaza MS 2015 72 2019 63 VBMS 2015 30 2019 51 PAMS 2015 87 2019 74 Larkspur 2015 61 2019 36 Salem MS 2015 97 2019 97 MS Statewide average agreement on this statement was 65 in 2015 and 59 in 2019 PAHS 2014 71 2018 38 Kempsville HS 2014 38 2018 33 Bayside HS 2014 60 2018 28 Cox HS 2014 66 2018 31 FCHS 2014 92 2018 66 Landstown HS 2014 46 2018 19 Tallwood HS 2014 55 2018 48 Salem HS 2014 91 2018 84 Kellam HS 2014 63 2018 58 Green Run HS 2014 49 2018 41 HS Statewide average agreement was 64 in 2014 and 58 in 2018 |
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