HomeMy WebLinkAbout2006-06-20-SC-min
Lexington School Committee
Tuesday June 20, 2006
LHS Media Center
251 Waltham Street
Present: Superintendent Paul Ash, School Committee Chair Helen Cohen,
School Committee Members Tom Diaz, Tom Griffiths, and Olga Guttag.
Minutes taken by Leora Tec.
The Meeting was convened at 7:37 p.m.
I. Call to Order and Welcome
Helen Cohen: The public can read a full account of the playground incident at
Estabrook on the LPS website. It was reported to all the relevant authorities and
no investigation was undertaken. The press release has resulted in harassment
and threats against Dr. Ash, and I am very sorry that has happened. I hope if you
hear people talking about this you will give them the facts from the press release
on the LPS website. I’m sorry it has caused an interruption in the working of the
Central Office and the School Committee.
II. Public comment
Molly Garberg (Co-chair of Lexington Stand for Children): Just a reminder that
th
the margin of a few hundred votes on June 5 was not a mandate. Lexington
Stand for Children will continue to work for education funding on local and state
levels. Thank you to the entire school administration, those who voted yes and
those School Committee members who worked hard.
III. Superintendent’s Report
A. Selection of LHS teacher as a member of the US Department of
Education’s Teacher Training Corp: Lili Pan has been chosen for this
elite corp. This is another example of Lexington’s extraordinary teachers.
B. Lexington Education Foundation Update:
Carol Pilarski: Thank you to LEF’s abundant generosity. It has been a pleasure
to be an ex officio member of their Board. They have pledged $40K to
professional development and $40K for summer workshops for 105 teachers in
22 workshops. In addition they have granted $11,003 to continue action
research, and will be increasing the amount of the school community grants.
They have pledged $32,500 for the new teacher induction program. This is
$279K in total. Please continue to support LEF.
SC Meeting 6-20-06 page # 1
C.LABB Collaborative voted to approve their contract: This is their first
contract and the negotiations have gone on for years. The LABB teachers
are extraordinary people. This took a lot of work. This is a very fair
contract. Tomorrow we will vote to ratify the contract.
D.Principal Search finalists for Bowman and Estabrook: We have three
candidates for two positions. The goal is to announce the names on
Tuesday.
IV. Discussion Items
A. Rental Rates for Extended Day Programs
Helen Cohen: These rates were decided in December and January, not because
the override failed. We raised many fees.
Paul Ash: No Superintendent wants to raise fees. But in the world today we
need to think about how to best use our money to educate our children and
consider what our revenue sources are. I thought about what would be fair. (He
showed a slide with history of rental charges for each program.) There has been
no inflation adjustment since 1999 when these were established. Increasing rates
would generate $182K. Because we were not collecting any money for custodial
costs we are adding one hour a day. This revenue stream is $20K lower than
what is built into the budget. (He showed a slide outlining what this would mean
for each family.) The increase in fees for the average family would range from
$188 to $283 per year. That is an increase of about 7% to families. This is the
first increase in six years. (He showed a slide of costs in neighboring
communities. Fiske would be slightly below next year; Bowman would be slightly
above.) These programs need to share equally in utility costs and wear and tear,
and utilities have gone up tremendously. One hour of custodial time is $38.50
(overtime charge). We are charging ITM less than custodial costs. We are
running these programs with a heavy subsidy. The rates have not been
increased in 6 years. Adding this $200 I think is fair. It doesn’t move us beyond
the midpoint of the area programs. The price was too low to begin with.
Tom Diaz: We have gone too far in raising fees. Using fees for program A to
benefit some unrelated activity is unacceptable. Would you, Dr. Ash, be in favor
of a policy opposing such actions in the future? The public is invited to the
discussions on the FY08 budget. There is contractual language that obligates us
to give prior notice of a fee increase. What is your comment on that, Dr. Ash?
Paul Ash: In general fees should offset costs of the program. The contract has a
number of provisions; there is a section that says how much it can go up and we
have not raised it. The contract can be terminated with 90 days notice so we
could send a new contract out. Our attorney says we can do this if we potentially
could go into a contract dispute. Our goal is to have an ongoing relationship with
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all the programs. We discussed this with the School Committee in December and
th
these are public meetings. Letters went out on May 4 to all programs well
before the override.
Helen Cohen: Let’s please keep the level of the discussion civil. We know that
people are upset.
Tom Harrington (President of the Board of Lextended Day): The extended day
programs are non-profits with parent boards, professional staffs, and high quality
programs that have been in operation for more than 25 years. They have paid
more than $320K to the schools (in playground improvement among other
things); they have also made contributions to the schools. We don’t want parents
to send kids home to empty homes because they didn’t have a choice. We have
four concerns:
1).Affordability: Budgets are kept tight, affordability is an individual matter. The
increases amount to hundreds of dollars per child. The same families have bus
fees, soccer fees, groceries, etc…Breaking it down trivializes the increase.
Asking what families can afford is really a diversion from what the law requires.
And that is: that the fees be revenue neutral.
2).What are the actual costs?: a). Custodians: we clean up after ourselves,
the custodians clean the areas they would clean anyway. Also why would we be
paying custodial overtime rather than the regular hourly rate? b). Lights and heat:
$127K for light, heat, and wear and tear? The lights and heat would be on
anyway. What is our fair share? We will pay it. c). Wear and tear: we repair and
clean things up. For example, the Fiske extended day program painted and
intstalled lights and fans. The programs are flexible and respond to the demands
of the schools. These programs do much for our children for so little cost; the
School Committee could not ask for a better partner in public education for the
town.
3).The License Agreement: We have abided by and relied in good faith on the
agreement. The current fee increase far exceeds the increase stipulated in the
agreement. And we have relied on the fact that it says that any increase shall not
exceed the CPI. The change was 3.3%. This has been the average. The
extended day programs are not at fault for not having been charged this.
Proposed increases are double or triple what we are currently paying. Increases
are: 82%, 107%, 128%, 238% and 261%, and they occur on top of cost of living
adjustments. These programs extend the day in a very real sense. They are not
mere licensees. We need a holistic vision for public education. The families that
use these programs are ready to partner with you to solve this problem.
Joan Heffernen (founder ITM): The American Association of School
Administrators published a report last May stating that the transition from
elementary school to middle school is critical, and the school-after-school link
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can be strengthened by administrators. Juvenile offenders and victims’ incidents
peak between three and six pm. Thirty-four percent of middle school kids take
care of themselves after school. California funds after school programs for both
elementary and middle school students. We were parents from the elementary
schools whose kids had been in elementary after school programs. The kids in
ITM have homework contracts. We work with teachers and guidance counselors
for a good school-after-school connection. High school kids come to mentor ITM
kids even after they have finished their community service. Please take another
look at the rental decision, sound as it is. We would like to take a joint look at
finances. With a 357% increase we won’t be able to open in the fall, it’ll be $350
per family, last year we said the rent was not affordable and you decreased it by
50%. Now you want to triple it. We ask that you work with us.
Public Comment on this issue (There was standing room only in the room):
Thomas Fiori: I have 3 kids in Lextended Day. This move is both politically ill-
advised and of questionable legality. The School Committee is obligated to make
school property available to these programs (according to Chapter 71 section 71)
and is subject to established policies; fees cannot be used to generate additional
revenue or they amount to an illegal tax. A potential legal challenge might cause
the town and the School Committee to take on legal fees. Also, some may view
this as the School Committee’s indifference to working parents. The fee increase
is unnecessarily divisive. I urge you to abandon the fee increase. The Supreme
Judicial Court (1941) The discretion to disallow use is at an end once the
committee has determined that that use benefits the community. The extended
day programs meet crucial needs. There is an obligation to provide school
property for a use such as this. In the Emerson College Case the Supreme
Judicial Court of Massachusetts said fees are charges to compensate
government entities for expenses, not to raise revenues. Extended Day programs
are not revenue sources. Financial impact only becomes an issue after the
School Committee has documented the cost attributed to the after school
programs in an open and transparent process. I urge the School Committee to
meet with the representatives of the after school programs and open the books
so that they can understand the basis for assessing legitimate fees.
Tom Diaz: We are not hostile or unappreciative. Since 1999 rates were not
raised. Sounds like gradual increases might have been accepted. I don’t think
any of us regard these programs as a revenue source to fund unrelated parts of
the education agenda, but we have been subsidizing this program with tax
dollars. This is not a proposed increase. If we were to forgo a large part of this
increase where would we get these funds?
Helen Cohen: There will not be a decision tonight.
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Beth Ioakimidis(Harrington parent): My kids want to go every day. The
Harrington increase of 228% (excuse me if my numbers are off, I couldn’t see the
slide) since 1999 is 25% for every year, which is much more than the CPI.
It is fair to charge for the utilities we use. What are those actual numbers? The
same families are paying other fees too.
Paul Ash: The increase is to charge what it really costs.
Karen Zell: With all the fees there are opportunities for scholarships but not here.
Both my kids were in Lextended for six years, the school couldn’t deal with the
kids leaving kids out, but the extended program dealt with it (social issues).
Amos Schnorrer (Fiske parent): Those using these programs need them. The
biggest increase is going to the people who are the most vulnerable, like single
parents. What are the real costs of these programs?
Staci Simon (Fiske parent): It costs more to send one kid to ITM than two kids to
Fiske. At Newton they charge per child per hour for rent.
Jamie Katz (Bridge parent): I am Chief of the Public Charities Division in the
Attorney General’s Office. I regulate 20,000 public charities. There are different
ways of thinking about the subsidy issue. These parents are being charged twice
for the facilities. We subsidize these programs in our own way; we pay for blocks
that we don’t use. If you lose enough of the revenue and infrastructure and you
lose the quality and you won’t have the relationship you talked about. The budget
assumptions are merely assumptions; there needs to be real world analysis
about what happens to some of these programs.
Man from 40 Fottler Ave: My son enjoys ITM. We should not cut ITM. I view it
as essential because it allows kids to be in a supervised situation. If the School
Committee can find a solution it will be very helpful for us.
Beth Gaudette (Harrington parent, via email): There are many fee increases.
This is just one increase among many. I support Dr. Ash and the School
Committee. Parents should attend the budget meetings.
Olga Guttag: These programs are very valuable to children. Dr. Ash determined
the true cost of space. We got lots of help from extended day on the Fiske
playground. The reason our schools are as good as they are is because of this
giving back. We got no input from parents on this until now since February. The
budget has been approved. Our system has already suffered damage because of
the loss of the override. What could we trade? I hope we can work out a way to
keep you in our schools. Do we need to give notice of the contract cancellation to
not leave us open to litigation? Would it be prudent to authorize Dr. Ash to
terminate the contract with the understanding that this is not trying to get rid of
the programs but that we actually work with the programs and see what we can
SC Meeting 6-20-06 page # 5
do, with no guarantees that we will be able to do something, because once the
Town Meeting votes the budget we are sort of stuck, particularly after the loss of
an override.
Paul Ash: A harmonious agreement between parties is always preferable. I
genuinely thought people in the programs knew we were raising the rate.
The public: No!
Paul Ash: I thought people knew because people from my office called and got
information and the budget was built based on information we got from those
phone calls. Also the fee increases were discussed in public meetings.
Communication can always be better. I value the programs. Clearly the message
did not get out effectively before the letter of May 4th. Now we are stuck because
we are at the end of the year. We did receive an email quoting us a section of
the contract, so we sent the contract to our attorney. I am committed to these
programs and reissuing new contracts but I don’t see there is an alternative if you
want to protect the interests of the school system from litigation and therefore I
don’t think we have a choice. We have to notify the lessees that the contract will
be terminated in 90 days and say very clearly that it is our intention to reissue
new contracts. I do want to have conversations. We will know in a while how
much flexibility there is; this is the worst time to say exactly where we are in the
FY07 budget. We can say the rates won’t be greater than what we have already
increased them to. Maybe dialogue can produce some change.
Tom Griffiths: We value these programs. How much of a risk is there of these
programs being cancelled?
Joan Heffernan: We need to have people commit upfront to maintain the
program. People are already finding our program to be at the outer limit of what
is affordable. We operate at a deficit. We are not unwilling to work with the
School Committee.
Tom Harrington: The programs are fragile. The elementary programs won’t
disappear overnight, it will be gradual.
Tom Griffiths: What school programs would we be sacrificing if we were to
reduce this increase? This is comparable in cost to the luncheon fee increase.
We need money to run the schools. We don’t always tax who it is fairest to tax. I
am not hopeful that we will find a solution to this this year. We made
commitments to the voters. We chose this revenue source with the same amount
of notice to the public as the other revenue sources for the other fee increases.
Rose Culkins (Director, Harrington Extended Day): Harrington Extended Day
has not set its rates yet, and the rates are already going to have to be 10-20%
higher than last year, even without the rental increase. We will have to cut staff or
SC Meeting 6-20-06 page # 6
programs. We did not receive proper notification. I don’t think this has been a
very fair process; if we had been notified my parents would have been at more
meetings.
Olga Guttag: We also lost many programs. We also had to sacrifice the quality
of our programs. How can we minimize the damage across the board?
Robert Foley (President, Harrington Extended Day): Will there be an open
dialogue with Directors and board members? Dialogue would be good.
Tom Griffiths: We made a decision and it should stand and there is no need for
a motion here. We have made a decision and that decision should stand. Ninety
day notice should go out.
Tom Diaz: I don’t see a solution to this before next year. This will be revisited in
the FY08 budget discussions.
Olga Guttag: It is our obligation to protect the town from lawsuits. If a motion is
in order I will make it. The budget has been approved.
Helen Cohen: I would like to include an instruction of the sharing of information
of the costs with the programs. It would be good to get the information from each
of the programs as to exactly what the impacts were going to be. If we find a
middle ground another group would be angry that we violated what we said we
would do. I’m not seeing that we can make a change but I do think we should
have a dialogue. I know you were surprised, all the taxpayers are paying for this
if the programs are truly being subsidized. I would like to have a dialogue.
Tom Griffiths:Motion to leave the fees unchanged and support Dr. Ash in
whatever administrative actions he may have to take to implement the fee
changes. (No second).
Tom Diaz: Can we remove the first part about leaving the fees unchanged?
Olga Guttag: Most disturbing is that there are scholarships for other fees but
here people are most needy and we don’t have them. You can do fundraising;
others in the community can support you.
Helen Cohen: Scholarships are for public school programs. We need to make
clear to Dr. Ash where we are.
Olga Guttag:Motion to instruct Dr Ash to terminate existing contracts as
soon as practicable so that he can then implement the voted budget unless
we can come up with a better solution. (No second).
SC Meeting 6-20-06 page # 7
Tom Griffiths:Motion to leave fees unchanged and support Dr. Ash in
whatever administrative actions he may have to take to implement these
fee changes (Griffiths, Diaz). I agree with Helen about the dialogue. I am making
this motion to be clear with Dr. Ash.
Tom Diaz: Maybe some solution will emerge. He proposed but we disposed. I
want to be clear that this is our responsibility.
Olga Guttag: I prefer not to include “leave the fees unchanged.” We do need to
show that the fees are justified.
Tom Diaz: It is not just Dr Ash’s problem to work out.
Tom Griffiths: Each action of the School Committee can be reversed at the next
meeting.
The motion passed 4-0.
B. School Improvement Plans
There were questions for principals and a discussion about school
improvement plans. Dr. Ash stated that next year all schools will use the same
format for school improvement goals.
C. Reorganization of the Technology Department: Paul Ash will move forward
with the reorganization.
Tom Diaz: The reorganization is within your administrative domain and you don’t
need our approval in my opinion.
Olga Guttag: I have a couple of concerns. First the .5 tech start-up specialist:
We have never had this kind of support for any school. Hiring this specialist at
the beginning of the year when we may not be in Fiske until Christmas means we
will be paying a salary for something that we don’t have to. We know our
enrollment numbers don’t settle until the end of the summer; what if we need
another teacher and we will have lost the slack in our budget? At Harrington it
didn’t take a half-time position for a full year to teach the teachers how to use the
new technology. It changes the equity between Fiske and Harrington. Also, I
would not fully commit to hiring the Director of Technology in January. I’d rather
defer the decision. We could use a temporary consultant at Fiske.
SC Meeting 6-20-06 page # 8
Tom Diaz:Dr. Ash acknowledges the situation is bad due to the lost override.
We lost our IT Director during the school year. We need to support Dr. Ash.
Helen Cohen: Re: getting a director mid-year: I would be in favor of getting
someone mid-year.
Tom Diaz: When we moved into Harrington the new IT director did nothing for a
while but bring Harrington up to speed. We have a different set of problems now.
This is a difficult situation.
V. Action Items:
A. Vote to approve Superintendent’s Recommended 2007-2008 Calendar
Olga Guttag: Update on tally: 195 parental emails saying start in August, one
was an entire group. Sept start=103. There were 27 other suggestions. The ratio
was almost 2 to 1 for August vs. Sepember start.
Tom Diaz: Are there other extenuating circumstances we haven’t thought of?
Olga Guttag: Handling vacations differently, conferences differently.
Tom Diaz: We can still address some of those issues.
Olga Guttag: We should vote the calendar and post it. We’d rather have an
algorithm than go through this exercise every year.
Motion to approve the superintendent’s recommended 2007-2008 calendar
(Griffiths, Guttag).
Paul Ash: You can tweak half days here and there.
Judy Vorsack (?): We don’t want our children to start before Labor Day. We
value the time we spend with our children in the summer. Perhaps teachers
could start before Labor Day. Perhaps we could have delays instead of snow
days. Why can’t the town vote on whether to start before Labor Day as happened
in the past?
Dawn Mckenna: Did the teacher’s union vote?
Vito La Mura Three to one.
Dawn McKenna: Can you change the professional development day to election
day? We are rushing the process. I believe no matter when the last day of school
SC Meeting 6-20-06 page # 9
is there will be problems of nonattendance and now there will be many families
who won’t come for the start of school.
Bill Sackett (?) Many schools have professional development before school
starts.
Paul Ash: When they come back in the summer teachers have a short window
to get ready; you don’t have their full attention. People have different points of
view.
(inaudible audience response)
Olga Guttag: We have no choice. I will pass interesting suggestions on to the
calendar committee. The email preferences are for this. I plan to support the
superintendent.
(inaudible comment from audience)
Olga Guttag: I applaud and thank the administration for the fact that we have
two viable calendars in front of us.
Dawn McKenna: You can make a decision in September or October with more
people knowing about it.
(a lot of inaudible discussion)
Tom Griffiths: This is not a monumental decision.
Motion passed 4-0.
B. Vote to approve Wellness Policy—Third reading
Motion to Approve the Wellness Policy (Griffiths, Guttag). The motion
passed 4-0.
Helen Cohen thanked Olga Guttag, Ravi Sakhuja and the rest of the policy
subcommittee for all of their work. Olga Guttag thanked Jane Franks and her
committee.
C. Reorganization of School Committee
Helen Cohen suggested that Paul Ash run this part of the meeting.
Paul Ash entertained motions for chairman of the School Committee. Tom
Griffiths nominated Tom Diaz.
SC Meeting 6-20-06 page # 10
Olga Guttag: I am concerned that we are discussing this in the middle of the
night and without Ravi. If Helen would be willing to serve until our next meeting in
the summer, I would rather wait until we are all present.
Tom Griffiths: We all knew that this was on the agenda for this evening. People
make decisions about when to take vacations knowing what is on the agenda.
Helen Cohen: I would like to vote.
Discussion of when Ravi was supposed to be returning, mostly inaudible.
Olga Guttag: I want to thank Helen for all her hard work as chair. I am anxious
about having a member who is running for reelection run for chair, however this
time I believe that concern is overridden by the opportunity to be a model for
collaboration. We can also send a message that a portion of the community is
not represented and their voices don’t count when it comes to School Committee
leadership. We need a broad range of opinion as part of our leadership structure.
I’d like to make a friendly amendment to nominate a slate.
Tom Griffiths: I don’t consider it a friendly amendment.
Paul Ash: So we will vote them one at a time.
Helen Cohen: We all play important roles on the Committee. We are all able to
be collegial. We try to work all together as a group.
Olga Guttag: I have heard from my constituency that if we want to pass the next
override we need to come together closer, one of the ways is through leadership.
I don’t want to be the chair. I support you (to Tom Diaz) as chair. I thought that
showing unity on the entire slate with me as vice chair would send a stronger
message.
The motion passed 4-0.
Paul Ash entertained motions for vice chair.
Helen Cohen: I nominate Tom Griffiths
Olga Guttag: I nominate myself.
Tom Diaz: Thank you for your support. I promise to never be dismissive or
discourteous to any of you.
Helen Cohen: Never?
SC Meeting 6-20-06 page # 11
Tom Diaz: No, I certainly hope not. I agree with Olga that it’s important for us to
show a unified face to the community, especially following the defeat of the
override. I just don’t think the necessary solution is identifying factions on the
School Committee and making sure each one is represented in an officer’s
position. What’s more important is courtesy and diplomacy and how we act as a
Committee and the superintendent and how we resolve things. I’ve been in the
minority on this Committee. I don’t think people are very aware of who is vice-
chair of the School Committee.
Olga Guttag: I am disappointed that our group is not taking advantage of the
opportunity to show the balance. Describing us as two factions is not quite right
but there is diversity of opinion. If you had seen the value of the
recommendations that Ravi and I made regarding the size and structure of the
override I believe that the schools would now be in a substantially better place.
We do have an override to pass next year and we cannot keep sending
messages to the community saying we only hear a group of constituents who
want one thing. We have been elected by all the citizens. Last time we went
through this process, Tom said it is important to develop a capacity of leadership.
Diversity in leadership needs to reflect the diversity in the community. I’m looking
for a way to show a spirit of collaboration.
Vote on the nomination of Tom Griffiths as vice chairman: 3 in favor, 1
opposed (Guttag).
THE DVD RAN OUT
VI. Motion to Adjourn
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