Bettendorf School Board Minutes 5.4.03

BOARD OF DIRECTORS BETTENDORF COMMUNITY SCHOOL DISTRICT
BETTENDORF, IOWA
Unofficial Minutes of the May 3, 2004, Informational Meeting & Public Comment (Pending Board Approval)

1. Call to Order.

The Board of Directors of the Bettendorf Community School District, in the County of Scott, state of Iowa, met for an informational meeting at the Ray Stensvad Administration Center, 3311 Central Avenue, Bettendorf, Iowa, on May 3, 2004. President Anderson called the meeting to order at 6:03 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, Weigle. Members absent: Director Roski. Other officials present: John Perdue, Superintendent; Carol Webb, Assistant Superintendent; Celeste Reuter, Director of Communications; Lynne Lindstrom, Board Secretary.

1. Agenda Approval.

Motion by Director Crockett, seconded by Director Luton, to approve the agenda as presented.

Ayes: 6 Directors Anderson, Castro, Crockett, Luton, Mayer, Weigle Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

School Safety & Security.

President Anderson welcomed staff and community members and outlined the program for the evening. Superintendent Perdue presented the following safety and security initiatives which have been implemented in the Bettendorf Community School District: safety drills; safety audits; crisis management plan; community safety meeting; partnerships with emergency responders; Mayorís task force with Pleasant Valley, Bettendorf police and fire departments. He reviewed the safety and security goals; collaborative partnerships; student programs and training; safety and security projects; and related Board policies. Superintendent Perdue outlined the parental role and challenges to the school setting and asked the community members if they had concerns or recommendations to share with the Board and staff.

Public Comment.

Faith Endresen, 1742 Susan Court, Bettendorf, stated she is a first grade teacher in Bettendorf and had a daughter graduate from BHS in January. She indicated her daughter had been assaulted twice in the last year, once in February and again in November by the same person. She believes the system failed and her daughter was victimized. As a teacher, she attended an in-service on harassment and bullying, and was pleased the school provided this training. However, she did not think the administration is on top of the issues, as her daughterís situation was not handled in an appropriate manner.

Steve Speth, 3224 Somerset, Bettendorf, stated he has a freshman son at BHS, and his son was one of over 460 students who missed school on April 20, due to a threatening note left on the bathroom mirror. He suggested administration should have notify the student body and parents early on to the precautions they were taking, including extra security officers, and encouraged the students to attend school.

Cathy Pfaff, 1555 25th Street, Bettendorf, expressed concern about her daughter, who is a freshman, attending school on April 20, due to a threatening note on the bathroom mirror. As a parent, she suggested some type of code system be put into place so that parents could better determine the severity of a threat or security issue. In addition, she supported book bags being checked to assure students safety. It was her opinion that it is everyoneís obligation to make sure the kids feel safe and threats to safety should be taken seriously.

Joe Hutter, #5 Hutter Lane, Bettendorf, stated that school safety and security is not just an issue for Bettendorf but throughout the State of Iowa. He believes when students have problems it is related to self- esteem and expressed concern for abuse of children in daycare situations. He is attempting to get a billed passed which would better regulate child care. Representative Hutter stated if there is anything he can do to make schools in Iowa safer to please contact him.

1. Presidentís Statement.

President Anderson and Superintendent Perdue expressed their appreciation for the comments and input and encouraged parents to work with their building principals and/or administration on issues of concern.

Adjournment.

Motion by Director Mayer to adjourn the meeting at 6:48 p.m.







_______________________________________

Barry Anderson, President ATTEST:

__________________________________ Lynne Lindstrom, Secretary



BOARD OF DIRECTORS BETTENDORF COMMUNITY SCHOOL DISTRICT BETTENDORF, IOWA

Unofficial Minutes of the May 3, 2004, Regular Meeting (Pending Board Approval)

1. 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 their regular Board meeting at the Ray Stensvad Administration Center, 3311 Central Avenue, Bettendorf, Iowa, on May 3, 2004. President Anderson called the meeting to order at 7:00 p.m. and the Board recited the Pledge of Allegiance. 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. Members absent: Directors Roski and Weigle. Other officials present: John Perdue, Superintendent; Carol Webb, Assistant Superintendent; Maxine McEnany, Director of Financial and Business Services; Celeste Reuter, Director of Communications; Heather Wiley, BEA Representative; Stephen Flynn and Ashley Sevigny, Student Representatives; Lynne Lindstrom, Board Secretary.

2. Agenda Approval.

Motion by Director Mayer, seconded by Director Crockett, to approve the agenda as presented.

Ayes: 5 Directors Anderson, Castro, Crockett, Luton, Mayer. Nays: 0 Absent: 2 Directors Roski and Weigle. Motion carried 5-0-2.

In honor of Iowa School Board Recognition Week, the Grant Wood drum corps played a medley of songs for the Board of Education. Students from Paul Norton Elementary presented a banner, thanking the Board for making a difference in the lives of students, in addition to numerous cards of appreciation from various elementary and middle school students. Superintendent Perdue presented certificates to Board members from the State of Iowa in recognition of their leadership, dedication, and service to education.

3. Comments and Suggestions from Audience. 3.01 President's Statement. On behalf of fellow Board members, at this time I would like to invite any member of the audience to step to the microphone with comments about items of interest or concern that do not appear on the agenda this evening. Please begin by stating your name and address. It would be most appreciated if you would limit your comments to three minutes so that we can keep the meeting moving in a timely fashion and allow others an opportunity to speak. We ask that you remember that Iowa law prohibits us from discussing specific employees or their job performance. If you have thoughts to share about items that are included as topics for tonight's meeting, we would invite those comments when we reach that point in the meeting. Thank you for your support of our school district.

Marilee Weigle, 3280 Quail Ridge Road, Bettendorf, stated her role as representative for the music department on the District School Improvement Council. She expressed concern for the proposed reallocation of the high school vocal music teacherís schedule to BMS for a portion of the day. She indicated these plans have not been finalized and encouraged the Board to review the impact of past and current staff reductions on the districtís vocal music department. Mrs. Weigle reviewed the numerous programs and fundraising activities which Mrs. Ragan is responsible for, stating her support of maintaining a full-time high school vocal music teacher.

Connie Dalziel, 4350 Apple Valley Drive, Bettendorf, stated she was a graduate of Bettendorf High School and as a student participated in the vocal music program. She commented on the importance of her instructorís encouragement and support, and the impact her music involvement had on her personally. She indicated her daughter is a junior, and she would like her to also be able to have similar experiences and supports a full-time vocal instructor at the high school.

4. Commendations. 4.01 Student Spotlight on Hoover Elementary School. Sharon Dixon, Media Specialist, and SAIL Students from Hoover Elementary School shared a Power Point presentation on some of their 2003/04 projects, including recycling, Invent Iowa, job shadowing, and Camp Wyoming. 4.02 Middle School Counselors Michelle Bruty and David Sodac presented "Comprehensive BULLY Prevention Program" and "Sugar and Spice and Things That Aren't Nice" at the Bullying Prevention Legal Labs in West Des Moines on Tuesday, April 6, 2004, to an audience of 75 administrators and counselors. 4.03 Congratulations to Bettendorf High School students Angie Creighton and Lindsey Scott, who were chosen for the Iowa Women's Select Basketball team and will play in the Great Australian Shootout in Melbourne, Australia and the Slam Down Under tournament in Bendigo. 4.04 Congratulations to Bettendorf High School student, Collin Burich, who was selected by the Quad City Times Sports Department as a finalist for the Salute to Sports. This event will take place at the Great Hall of the River Center on April 28, 2004. 4.05 Thank you to the following community members and staff who assisted with the assembly and/or installation of the lights on the Bettendorf High School baseball diamond: Mike Reckman, Jim Merten, Craig Welch, Craig Bevard, Dan Frahm, Mark Robbins, Tim Whitty, Craig Kinzer, Adam Creighton, Brian McConnell, Jay Fitzgerald, Joe Vaccaro, Ryan Walker, Buddy Walker, Sean Rizzo, and Mark Brooks. 4.06 Congratulations to Bettendorf High School student, John Stroh, on his outstanding performance on the ACT assessment. John was the only Iowa student, and one of only 62 in the nation, who achieved a 36, the highest possible composite score.

5. Consent Agenda.

Motion by Director Castro, seconded by Director Crockett, to approve the consent agenda as presented.

Ayes: 5 Directors Castro, Crockett, Luton, Mayer, Anderson. Nays: 0 Absent: 2 Directors Roski and Weigle. Motion carried 5-0-2.

1. 5.01 Approval of April 19, 2004, Regular Board Meeting Minutes. 2. 5.02 Approval of April 19, 2004, Special Board Meeting Minutes. 3. 5.03 Approval of May 3, 2004, Bills Recommended for Payment. 4. 5.04 Approval of Administrative Recommendations--Personnel. Certified Resignation Jennifer Lindauer/HH/.16 FTE Core Reading and .50 FTE Title Reading /Effective 6/30/2004 Heather Roseman/TJ/Core Reading/.56 FTE/Effective 6/30/2004 Certified Transfer Lisa Jackson/HH/Transfer from .50 FTE 1st grade Core Reading to .50 FTE Title I Reading (.50 FTE Reading Recovery assignment remains unchanged) /Replacing Jennifer Lindauer/Effective 2004-2005 school year Certified Approval to Hire Kristy Cleppe/BHS/Business Education/1.0 FTE/BA, 3/$27,980/Replacing Jane Steele/Effective 2004-2005 school year Rebecca Koster/BMS/ 8th Grade Foreign Language/1.0 FTE/MA15,9/ $41,234/Replacing Sandy White/Effective 2004-2005 school year Beth Laughbaum/BMS/6th Grade/1.0 FTE/BA,0/$24,544/ Replacing Susan Castro/Effective 2004-2005 school year Aaron Maurer/BMS/6th Grade/1.0 FTE/BA,0/$24,544/Replacing Judy Smith /Effective 2004-2005 school year Tory Willoughby/BMS/7th Grade Math/Decisions/1.0 FTE/ BA,0 /$24,544/ Replacing Robert Walker/Effective 2004-2005 school year Schedule D Resignation Joan Lenz/BHS/Director of Dramatic Arts/.50 FTE of a 1.0 FTE/$2147.50 /Effective 6/30/2004 Schedule D Approval to Hire Tim Gronski/BHS/ Head Sophomore Baseball Coach/2,700/Replacing Bill Thomas/Effective 5/03/04 For Your Information Dave Kock/BMS/Dean of Students/Associate Principal /Returning from Military leave of absence/Replacing John Schmelzer/Effective 7/1/2004 Classified ñ Resignation Christine Johnson/RSAC/Payroll Accountant/Effective 5/31/04 Classified ñ Termination Joesph Otero/BHS/Food Service-Van Driver/Effective 4/23/04 Classified - Recommendation for Employment Lori Hintermeister/HH/Secretary B-Office/$10.49 per hour/4.5 hours per day/Replacing Julie Morgan (resignation)/ Effective 4/26/04 5.05 Approval of Requests for Open Enrollment.

Into Bettendorf, 2003/04

Brenna Bates, grade 4, from Davenport, continuation due to change of residence Ryan McFate, grade 6, from Davenport, continuation due to change of residence Victoria Mueller, grade 6, from Pleasant Valley, continuation due to change of residence Kylie Niedziela, grade 4, from Pleasant Valley, continuation due to change of residence Robert Shannon, grade 6, from Pleasant Valley, good cause For information only. The following students have open enrolled out of the Bettendorf Community School District: Out of Bettendorf, 2003/04 Jane Fontiveros, grade 6, to Pleasant Valley, continuation due to change of residence

Out of Bettendorf, 2004/05

Brent Befus, grade 11 (as of 2004/05), to Pleasant Valley, good cause due to change of residence Joshua Befus, grade 7 (as of 2004/05), to Pleasant Valley, good cause due to change of residence Travis Befus, grade 9 (as of 2004/05), to Pleasant Valley, good cause due to change of residence Sheldon Fox, kindergarten (as of 2004/05), to Pleasant Valley

6. Discussion Items.

Shared Communications.

Superintendent Perdue and Director Roski attended the recent annual Business Education Partnership breakfast at Pleasant Valley High School and shared a certificate of appreciation for the districtís continued involvement in the School-To-Work partnership.

Director Castro discussed the reduction of $11 million from the area education agencies and the State allowing these agencies flexibility within their funds, stating he would like to see the school district offered a similar option.

The Finance Committee met last week and will share information related to selection of an auditor later in the meeting.

2004/05 Technology Budget & Update.

Marcia Hartman, Instructional Technology Leader, provided an update on the technology department and the recommended budget for 2004/05. She expressed appreciation for the Boardís support of technology, as well as the Bettendorf Community Schools Foundation, SCRA, the communityís support of the enhanced PPEL fund. She highlighted the five-year technology replacement plan, with an average annual expenditure of $395,400 for replacement of computers and servers across the district. Funding for technology for 2004/05 totals $762,407 and will be derived from the General Fund and the enriched Physical Plant & Equipment Levy (PPEL).

Director Weigle arrived at 7:55 p.m.

Balanced Calendar Study.

Superintendent Perdue reviewed the study of the balanced calendar and the financial projection of the costs for implementation. He shared results of the March 2004 satisfaction survey and the special edition of The Pride, featuring the topic of balanced calendar. Based on the lack of State funding, he recommended suspending the study and implementation of this initiative until the economy is suitable to sustain this effort for a minimum of five years. The Board concurred with this recommendation and supported other alternatives with respect to the school calendar and start dates. In addition, the following ideas were discussed: later start for BMS students; early/late classes to provide more flexibility to teachers and students; and jump- start summer school programs.

BHS Fine Arts Addition Project Bids.

Scott Ellingsworth, Mel Foster Construction Manager, presented the breakdown of construction costs for the Fine Arts Center at BHS. With the project approximately $250,000 over estimate, the architect and construction manager have value engineered this project down by approximately $100,000. Fundraising activities are underway for mirrors and cabinets. Maxine McEnany, Director of Finance & Business Services, shared updated financial reports regarding the Local Option Sales & Service (LOSS) tax projections. Completion of the project is scheduled for September 2004.

Professional Learning Community Model.

Bettendorf High School principal, Jimmy Casas, presented information about the Professional Learning Community Model, which the high school staff has been studying, including site visits to Adlai Stevenson High School in Lincolnshire, Illinois. This model is the basis of beginning refinements to the block schedule. Mr. Casas plans to present recommendations to the Board at their May 17 meeting.

Director Castro left the meeting at 8:10 p.m.

7. Action Items.

7.01 Approval of 2005/05 Technology Budget.

Motion by Director Crockett, seconded by Director Weigle, to approve the district technology budget for 2004/05.

Ayes: 5 Directors Crockett, Luton, Mayer, Weigle, Anderson. Nays: 0 Absent: 2 Directors Castro and Roski. Motion carried 5-0-2.

Director Castro returned to the meeting at 8:12 p.m.

1. Approval of BHS Fine Arts Project Bids.

Motion by Director Mayer, seconded by Director Weigle, to approve the total costs of the BHS Fine Arts Project not to exceed $1,138,170, including the following bid packages for the Bettendorf Fine Arts project: 1. Bid Package #3 General Work: J.B. Robertson Construction @ $39,300 2. Bid Package #5 Footings and Foundations: Anderson Commercial Concrete Inc. @ $113,176 3. Bid Package #6 Concrete Flat Work: Tom McCarthy Excavating Inc. @ $56,400 4. Bid Package #7 Structural Steel: Howard Steel LLC @ $89,945 5. Bid Package #8 Steel Erection: Quad Cities Industrial Maintenance and Construction, Inc. @ $26,857 6. Bid Package #9 Precast Concrete and Erection: IPC, Inc. @ $122,200 7. Bid Package #10 Masonry: Martin Masonry @ $147,800 8. Bid Package #11 Roofing: White Roofing @ $42,640 9. Bid Package #12 Aluminum Framing & Glazing: Rock Island Glass @ $6,995 10. Bid Package #15 Painting: Quality Painters @ $23,500 11. Bid Package #16 Plumbing: Hometown Plumbing @ $36,752 12. Bid Package #17 HVAC: Hometown Plumbing @ $155,332 13. Bid Package #18 Electrical: Bickleís Electric Service Inc. @ $49,960

Director Anderson indicated he would abstain from the vote, as three of the contractors listed above are his business clients.

Ayes: 5 Directors Luton, Mayer, Weigle, Castro, Crockett. Nays: 0 Absent: 1 Director Roski. Abstained: 1 Director Anderson. Motion carried 5-0-1-1.

1. Approval of Audit Bid for Years Ended June 30, 2004; 2005; 2006.

Maxine McEnany, Director of Business & Financial Services, reviewed bids for audit services, with four competitive bids received.

Motion by Director Luton, seconded by Director Crockett, to approve the bid by Nolte Cornman and Johnson, PC, Newton, Iowa, in the amount of $11,000.00 as the districtís auditing service for the fiscal year ending June 30, 2004.

Ayes: 6 Directors Mayer, Weigle, Anderson, Castro, Crockett, Luton. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1. 1. Proclamation: Teacher Appreciation Week.

Motion by Director Weigle, seconded by Director Crockett, to approve the proclamation indicating the week of May 2-8, 2004, as Teacher Appreciation Week in the Bettendorf Community School District.

Ayes: 6 Directors Weigle, Anderson, Castro, Crockett, Luton, Mayer. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Superintendentís Report. 2. Retiree Reception. Superintendent Perdue discussed the retiree reception and the Boardís participation. 8.02 Next Agenda Planning. Superintendent Perdue reviewed a draft agenda items for the May 17, 2004, meeting.

9. Future Events and Informational Items. 9.01 Thursday, May 13, Superintendent Student Advisory Council, 8:00 a.m., BMS 9.02 Monday, May 17, Board of Education Meeting, 7:00 p.m., RSAC

10. Adjournment.

Motion by Director Mayer to adjourn the meeting at 9:00 p.m.





_______________________________________

Barry Anderson, President ATTEST:

__________________________________ Lynne Lindstrom, Secretary





BOARD OF DIRECTORS BETTENDORF COMMUNITY SCHOOL DISTRICT BETTENDORF, IOWA

Unofficial Minutes of the May 4, 2004, 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 May 4, 2004. President Anderson called the meeting to order at 5:34 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, Weigle. Members absent: Director Roski. Other officials present: Dr. John Perdue, Superintendent; Jim Casas, BHS Principal; Cameron Davidson, Legal Counsel; Lynne Lindstrom, Board Secretary.

President Anderson explained the procedure for an expulsion hearing.

Agenda Approval

Motion by Director Crockett, seconded by Director Luton, to approve the agenda as printed.

Ayes: 6 Directors Anderson, Castro, Crockett, Luton, Mayer, Weigle. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Closed Session

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

Ayes: 6 Directors Castro, Crockett, Luton, Mayer, Weigle, Anderson. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Directors entered closed session at 5:37 p.m.

Open Session

Directors returned to open session at 7:05 p.m.

Disciplinary Action

Motion by Director Luton, seconded by Director Crockett, 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 mother appeared at the hearing. The Board accepted into evidence without objection 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 Jim Casas, BHS Principal, and Bruce Schwarz, Police Liaison Officer, who testified consistent with the exhibits contained in the disciplinary hearing packet and the events relative to the actions by the student and others on April 19, 2004, and April 20, 2004. 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 admittedly was a party to writing the threatening statement ìBHS Die 4/20î on a high school bathroom stall on April 19, 2004, and pulled a fire alarm during the school day on April 20, 2004, when no emergency situation existed with the knowledge of the school administration, faculty, and students concerns relative to other student misconduct and the anniversary of the Columbine shootings, 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 safety of other students and by encouraging violence, threats, and 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 2003/2004 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, except to comply with the further terms of this disciplinary action, or at any school event where a school 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 up to two hours of tutoring assistance per academic course per week for the remainder of the school year as long as passing grades are maintained. The administration will provide the Board President a weekly update of the studentís progress. The Board may terminate the tutorial assistance at any time if the student is non-compliant. The Board recommends counseling therapy and summer school participation by the student. The student must participate in a reentry conference with the superintendent and high school administration and provide a statement from a counselor regarding the studentís ability to return to school.

Ayes: 5 Directors Crockett, Luton, Mayer, Weigle, Anderson. Nays: 0 Abstained: 1 Director Castro. Absent: 1 Director Roski. Motion carried 5-0-1-1.

Adjournment

Motion by Director Mayer to adjourn the meeting at 7:10 p.m.



_______________________________________ Barry Anderson, President ATTEST:

__________________________________ Lynne Lindstrom, Secretary

BOARD OF DIRECTORS BETTENDORF COMMUNITY SCHOOL DISTRICT BETTENDORF, IOWA

Unofficial Minutes of the May 4, 2004, 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 May 4, 2004. President Anderson called the meeting to order at 7:14 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, Weigle. Members absent: Director Roski. Other officials present: Dr. John Perdue, Superintendent; Jim Casas, BHS Principal; Cameron Davidson, Legal Counsel; Lynne Lindstrom, Board Secretary.

President Anderson explained the procedure for an expulsion hearing.

Agenda Approval

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

Ayes: 6 Directors Anderson, Castro, Crockett, Luton, Mayer, Weigle. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Closed Session

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

Ayes: 6 Directors Castro, Crockett, Luton, Mayer, Weigle, Anderson. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Directors entered closed session at 7:16 p.m.

Open Session

Directors returned to open session at 8:45 p.m.

Disciplinary Action

Motion by Director Luton, seconded by Director Crockett, 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 and attorney, Pat Kelly, appeared at the hearing. The Board accepted into evidence without objection 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 Jim Casas, BHS Principal, and Bruce Schwarz, Police Liaison Officer, who testified consistent with the exhibits contained in the disciplinary hearing packet and the events relative to the actions by the student and others on April 19, 2004, and April 20, 2004. Witnesses testifying for the student were the student, the studentís mother, Patricia Ragan and Kerry Petersen, who testified about the misconduct and its impact on the school, the character of the student, and the studentís educational status.

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

The student admittedly wrote the threatening statement ìBHS Dead 4/20î on a bathroom stall during the school day on April 19, 2004, with the knowledge of the school administration, faculty, and students concerns relative to other student misconduct and the anniversary of the Columbine shootings and in violation of Board policies, 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 safety of other students and by encouraging violence, threats, and 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 2003/2004 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, except to comply with the further terms of this disciplinary action, or at any school event where a school 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 educational programs at the Wittenmeyer Learning Center for the remainder of the school year as long as passing grades are maintained. The administration will provide the Board President a weekly update of the studentís progress. The Board may terminate the educational assistance at any time if the student is non-compliant. The Board recommends counseling therapy, and the student is permitted to participate in the districtís summer school programs. The student must participate in a reentry conference with the superintendent and high school administration and provide a statement from a counselor regarding the studentís ability to return to school.

Ayes: 5 Directors Crockett, Luton, Weigle, Anderson, Castro. Nays: 0 Abstained: 1 Director Mayer. Absent: 1 Director Roski. Motion carried 5-0-1-1.

Adjournment

Motion by Director Mayer to adjourn the meeting at 8:50 p.m.



_______________________________________ Barry Anderson, President ATTEST:

__________________________________ Lynne Lindstrom, Secretary

BOARD OF DIRECTORS BETTENDORF COMMUNITY SCHOOL DISTRICT BETTENDORF, IOWA

Unofficial Minutes of the May 4, 2004, 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 May 4, 2004. President Anderson called the meeting to order at 8:57 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, Weigle. Members absent: Director Roski. Other officials present: Dr. John Perdue, Superintendent; Jim Casas, BHS Principal; Dave Thompson, BHS Associate Principal; Cameron Davidson, Legal Counsel; Lynne Lindstrom, Board Secretary.

President Anderson explained the procedure for an expulsion hearing.

Agenda Approval

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

Ayes: 6 Directors Anderson, Castro, Crockett, Luton, Mayer, Weigle. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Closed Session

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

Ayes: 6 Directors Castro, Crockett, Luton, Mayer, Weigle, Anderson. Nays: 0 Absent: 1 Director Roski. Motion carried 6-0-1.

Directors entered closed session at 9:00 p.m.

Open Session

Directors returned to open session at 9:50 p.m.

Disciplinary Action

Motion by Director Luton, seconded by Director Crockett, 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 without objection all exhibits included in the disciplinary hearing packet, a copy of which was provided to the studentís parents prior to the hearing. The student offered the following exhibits into evidence: 1. Letter from student dated May 4, 2004; 2. The studentís high school grade records. Witnesses testifying for administration were Jim Casas, BHS Principal, and Bruce Schwarz, Police Liaison Officer, who testified consistent with the exhibits contained in the disciplinary hearing packet and the events relative to the actions by the student and others on April 19, 2004, and April 20, 2004. There were no witnesses for the student. The studentís mother made a statement.

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

The student admittedly pulled a fire alarm during the school day on April 20, 2004, when no emergency situation existed with the knowledge of the school administration, faculty, and students concerns relative to other student misconduct and the anniversary of the Columbine shootings and in violation of Board policies, 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 safety of other students and by encouraging violence, threats, and 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 2003/2004 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, except to comply with the further terms of this disciplinary action, or at any school event where a school 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 up to 10 hours of tutoring per week. The administration will provide the Board President a weekly update of the studentís progress. The Board may terminate the tutorial assistance at any time if the student is non- compliant. The student must participate in a reentry conference with the superintendent and high school administration.

Ayes: 5 Directors Crockett, Luton, Mayer, Anderson, Castro. Nays: 1 Director Weigle. Absent: 1 Director Roski. Motion carried 5-1-1.

Adjournment

Motion by Director Mayer to adjourn the meeting at 9:54 p.m.

_______________________________________ Barry Anderson, President ATTEST:

__________________________________ Lynne Lindstrom, Secretary