Bettendorf School Special Board meeting 3.10.03

BOARD OF DIRECTORS
BETTENDORF COMMUNITY SCHOOL DISTRICT
BETTENDORF, IOWA

Unofficial Minutes of the March 10, 2003, Special Meeting
(Pending Board Approval)


Call to Order

The Board of Directors of the Bettendorf Community School District, in the County of Scott, state of Iowa, met in open session according to Iowa law for a special meeting at the Ray Stensvad Administration Center, 3311 Central Avenue, Bettendorf, Iowa, on February 10, 2003. President Roski called the meeting to order at 6:00 p.m. Lynne Lindstrom, Board Secretary, verified that the meeting notice had been posted and mailed to the media as required by law.

Members present: Directors Anderson, Castro, Crockett, Luton, Mayer, Roski, Weigle.
Members absent: None.
Other officials present: Dr. John Perdue, Superintendent; Carol Webb, Assistant Superintendent; Richard Herrig, BMS Principal; Cam Davidson, Legal Counsel; Lynne Lindstrom, Board Secretary.

President Roski explained the procedure for an expulsion hearing.

Agenda Approval

Motion by Director Mayer, seconded by Director Weigle, to approve the agenda as printed.

Ayes: 7 Directors Anderson, Castro, Crockett, Luton, Mayer, Roski, Weigle.
Nays: 0 Motion carried 7-0.

Closed Session

Motion by Director Weigle, seconded by Director Anderson, to enter closed session for the purpose of conducting a discipline hearing to consider the expulsion of a student unless the parents of said student request an open hearing according to Iowa Code 21.5.

Ayes: 7 Directors Castro, Crockett, Luton, Mayer, Roski, Weigle, Anderson.
Nays: 0 Motion carried 7-0.

Directors entered closed session at 6:05 p.m.

Open Session

Directors returned to open session at 6:52 p.m.

In addition to those listed above, the following individuals joined the meeting at this time: Brad Levetzow, BMS Police Liaison, Kirk Wilson, Juvenile Court Liaison.

Disciplinary Action

Motion by Director Mayer , seconded by Director Luton, that based on the evidence presented in closed session, the Board adopt the following as findings of fact and conclusions of law:

The student appeared at the hearing. The studentís parents appeared at the hearing. The Board accepted into evidence all exhibits included in the disciplinary hearing packet, a copy of which was provided to the studentís parents prior to the hearing. The student did not offer any exhibits into evidence. Witnesses testifying for administration were Brad Levetzow, BMS Police Liaison, Kirk Wilson, Juvenile Court Liaison, Rick Herrig, BMS Principal, who testified consistent with the written statements and other exhibits contained in the disciplinary hearing packet. There were no witnesses for the student.

Having heard the witnesses and examined the exhibits presented by the parties, the Board makes the following findings:

The student possessed and distributed a controlled substance, namely marijuana, during school hours at Bettendorf Middle School in violation of Board policies #502.1, #502.1R, #502.3, #502.3R, #502.4, all as reported by the witnesses and contained in the witness statements and other exhibits included in the disciplinary hearing packet.

The Board further finds that the continued presence of this student would be detrimental to the best interests of the school by endangering the safety of other students and by encouraging violence, threats, and other misconduct by others. There are no special circumstances applicable here which warrant an exercise of the boardís discretion to impose a lesser penalty than expulsion. The student is expelled through the end of the 2002-03 school year. As conditions for the studentís readmission to school, during the period of expulsion the student is not allowed on any Bettendorf Community School District property or at any school event where a Bettendorf team is participating. The student is directed not to have contact or take action with regard to any student or staff member who provided adverse testimony or information in this case.

During the period of expulsion, the student will be provided with 10 hours of tutoring per week at the districtís expense. The student must maintain a C average or better during normal grading periods or the services provided at the districtís expense will be discontinued.

Ayes: 7 Directors Crockett, Luton, Mayer, Roski, Weigle, Anderson, Castro.
Nays: 0 Motion carried 7-0.

Adjournment

Motion by Director Mayer to adjourn the meeting at 6:54 p.m.



_______________________________________
Debbie Roski, President
ATTEST:


__________________________________
Lynne Lindstrom, Secretary