OFFICIAL MINUTES FROM THE BOARD OF TRUSTEES MEETING OF THE
ARKANSAS SCHOOL FOR THE DEAF
ARKANSAS SCHOOL FOR THE BLIND
The Board of Trustees for the Arkansas School for the Deaf and the Arkansas School for the Blind met for their monthly meeting on April 21, 2009.
Present: Pam Hyneman, Chairperson; Beth Gray, Vice-Chairperson; Andrew Tolbert, Secretary (via telephone conference call); Dr. Doug Watson, Board Member; Henrietta Williams, Board Member; Khayyam Eddings, A.S.B. Parent Representative; Janice Vaughn, A.S.D. Parent Representative; Jim Hill, A.S.B. Superintendent; Dr. Marcella Dalla Rosa, A.S.D. Superintendent; Katie Becker, Zania Musteen, Cheri Courtright, Betty Steed, Interpreters; Amanda Abernethy, Office of the Attorney General; Members of the Deaf Community; Members of the Blind Community
Before the meeting was called to order, a member of the audience told the board that an interpreter had been hired for the audience. While waiting for Beth Gray to arrive, Mrs. Hyneman told Mr. Tolbert, who was attending via telephone, that many from the deaf community were at the meeting and they have hired their own interpreter.
Call to Order
The meeting was called to order at 4:00 p.m. Mrs. Hyneman
welcomed everyone to the meeting. Mrs.
Hyneman asked if the date of May 19 is good for all board members for the next
board meeting. Mr. Hill mentioned that April 21 is Graduation for both schools
and it might be appropriate to have a board meeting on May 21 and then they
would be able to attend the Graduation ceremonies also. Ms. Williams said that
historically the May board meetings have been after the graduation ceremonies.
Dr. Watson said that would be great if everyone can make it that day. Mr.
Eddings asked for an excused absence that day because of a previously scheduled
appointment. After discussion, it was decided that the meeting will be May 21
at 3:00 p.m.
09-D-009 Motion to Approve Consent Items
Mrs. Hyneman asked for a motion to approve the Consent Items. Ms. Gray made the motion and Ms. Williams seconded the motion. The motion passed unanimously.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 1 of 27
Action Items
09-D-010 Motion to Approve the 2009-2010 School Calendar
Mrs. Hyneman asked for a motion to approve the school calendar. Ms. Gray made the motion and Ms. Williams seconded the motion. Mrs. Hyneman asked if there was any discussion.
Mr. Tolbert: I have a question. This is directed to Jim and Marcella. It may be that y’all are excused because you don’t have the same regulations as regular schools. You do know that Act 103 of ’93 says you can’t start school before August 19 unless the 18th falls on a Monday. Are you exempt from that?
Mr. Hill: We’ve never had an issue with it, Andrew.
Mr. Tolbert: There is a law, Jim. You might want to look it up.
Mr. Hill: Okay.
Mr. Tolbert: You can’t start school before August the 19th unless the 18th starts on a Monday. That’s of ’93; Act 103 of ’93. Also, this past legislative session, Act 1469 required, you may have it in your calendar, I don’t think I see it, that you add 5 days for inclement weather. Now it doesn’t say you have to use those days, but it has to be shown in the calendar as such because of all of the inclement weather we had this past school year. In North Arkansas some schools missed anywhere from 10-15 days and were requesting a waiver. So they do have an Act 1469 of this past legislative session said that you have to have, and it has to be reflected in your calendar, 5 days of inclement weather.
Mr. Hill: Well, I think we have that. We’ve usually had long weekends that would be used as snow days if we needed them. I’d have to go back and count to be sure how many of those exist.
Mr. Tolbert: Okay, are they designated as inclement weather days?
Mr. Hill: No, they’re designated as training days, but if we had to use them, then underneath we have always reserved those for snow days if we needed them.
Mr. Tolbert: That’s fine, but I think that the law is going to say that it has to be reflected in the calendar itself. If that’s what you’re doing as practice, then you have to reflect it in the calendar. I think Standards review, and I don’t know if they review your school too, but when they come around they’ll be looking for those things. So you might want to, you know.. We can approve the calendar as presented, but you might want to check because you’re starting on the 17th (against?) State law.
Mr. Hill: Why don’t we just, if it’s okay with the board, approve it subject to checking to see if there are any circumstances related to 103 and the 5 day inclement weather naming process, subject to meeting the requirements of ADE as required?
Mrs. Vaughn: That would also run up into the summer school (inaudible-coughing) 5 days. There would be no break between ….
Mr. Hill: You know we have Department of Education people come out and check our schedule and we’ve started before that day before and they’ve never said anything. That doesn’t mean it’s right or that we should be doing it.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 2 of 27
Mr. Tolbert: Like last year, the 18th did fall on a Monday and most schools started on the 18th, but it’s just a little awkward this year.
Mr. Hill: I can tell you for sure, we will check on that and make sure because we don’t want to get caught on something like that.
Mr. Tolbert: I was just (inaudible-coughing) as a suggestion.
Mrs. Hyneman: Thank you, Andrew.
Mr. Hill: Thank you.
Mrs. Hyneman: We appreciate it.
Mr. Tolbert: You’re welcome.
09-J-011 Motion to Withdraw Previous Motion
Regarding School Calendar
Mrs. Hyneman: So why don’t we make a motion to approve the calendar subject to the possible changes stated.
Ms. Williams: Okay, we need to revise the previous motion then, don’t we?
Mrs. Hyneman: Or just delete that motion or..
Mandy Abernethy: (Could not hear her comment)
Mrs. Hyneman: No we haven’t gotten that far.
Mr. Tolbert: If you withdraw the motion and second, then we maybe can move forward.
Mrs. Hyneman: Okay we’ll withdraw that first motion.
Ms. Gray: Do what? Okay, I withdraw that motion.
Mrs. Hyneman: Do I have a second?
Ms. Williams: Second.
Mrs. Hyneman: Any discussion? All of those in favor say aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Motion passes.
09-J-012 Motion to Approve the 2009-2010
School Calendar with exceptions
Mrs. Hyneman: Now we’ll have a new motion. Would someone please make a motion to approve the Calendar for 2009-2010 with the possible exception of the dates stated?
Ms. Gray: So moved.
Mrs. Hyneman: Do I have a second?
Dr. Watson: Second.
Mrs. Hyneman: Any discussion? All those in favor, say aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Motion passes.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 3 of 27
Board Manual
Mrs. Hyneman said that someone had suggested to her that the board watch a training video from the Arkansas School Board Association, which is primarily used for school board training and the video will be viewed at tonight’s meeting. (Technical problems occurred with the video and Mrs. Hyneman moved forward with the meeting while waiting) Mrs. Hyneman asked Beth Gray read to the board information about Developing
and Adopting School Board Policy, which is from the Arkansas School Board Association Manual. Mrs. Hyneman asked Jim Hill to tell the board where the first five items of the proposed manual came from. Mr. Hill said that the overall format of the proposed policy was taken directly from the recommendations of the State Board Association and they are very similar to other board policies that were reviewed. He said the structure was changed as it applies to the School for the Blind as opposed to public schools and it is more adaptable to State agencies that are schools, such as ASB and ASD.
Mrs. Hyneman: Once again I want to make sure that we are all on the same page. This 1 through 5 we downloaded from the suggested manual from the Arkansas School Board Association. We added nothing. The only thing we added on 1 through 5 was the blue, which is just for our information as we pass this down from member, new board member to new board member, they’ll know how we came into existence. That’s the only reason we added that, just to have it all together, period, on one page.
Mrs. Vaughn: Are we discussing it yet, or?
Mrs. Hyneman; No, I’m just going over this. Then we get ready to go through it, we’ll discuss it. Just so you can be thinking about that and understand it. I hope I’ve made myself clear. And once again this video was suggested for us to watch before we started with our manual and I ordered the very next day when someone suggested it to me and I watched it Thursday for the first time and hopefully you will get to watch it today. We’ll try it one more time.
Dr. Watson: Pam
Through an interpreter: Do you mind if I open this door?
Mrs. Hyneman: Y’all I am so sorry about the temperature, but we have turned off the air conditioning here. When we got here about three, it was 75 degrees. We asked them to open all of the windows and that’s all we can do and I apologize.
Dr. Watson: Pam, the issue is there is a lot more people that want to come in; more people.
Mrs. Hyneman: Oh, oh my goodness.
Through an interpreter: It’s not about the air conditioning, it’s about the number of people that are lined up in the hallways. The children are too loud.
Ms. Williams: Do we have any folding chairs that could be brought in?
Mrs. Hyneman: Well, I’m at a lost. What would you suggest that we do?
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 4 of 27
Mrs. Vaughn: If we have enough people, we’re supposed to move. If we have more under the law, is my understanding of it is we should be moving it to a bigger place if we have this many people so people can be comfortable.
Through an interpreter: What about the new gym? The gymnasium (inaudible).
Mrs. Hyneman: Do we need to move or should we
Ms. Williams: Is that normally (inaudible)
Through an interpreter: We need to move. We need to move.
Mrs. Hyneman: Okay. We agree we want everyone to be heard. So, we don’t want to offend anyone. So we’ll ask, I guess we’ll move to the gym.
Mr. Tolbert: Katie,
Mrs. Hyneman: This may take us a while because we want Andrew to be with us.
Mr. Tolbert: Can you still get me in the gym?
Katie Hodge: I don’t know and I’ll have to set my stuff up in the gym too.
Mr. Tolbert: Is there a phone line in the gym?
Dr. Dalla Rosa: I don’t think so.
Mrs. Hyneman: Andrew, we have a real large crowd here and there are people standing outside the hall also wanting to come in.
Mr. Tolbert: I understand and I think that they need to be heard. I was just asking since I’m not there, I don’t want to inconvenience anyone because I can’t be connected when you move to the gym. So I just needed to know. I’ll wait here, Katie, and you can let me know something.
Mr. Hill: Andrew, the only, we could use a cell phone and that might work.
Mrs. Hyneman: Andrew, we could use a cell phone and as each person speaks, I guess we could pass the cell phone around to you. Would that be permissible?
Mr. Tolbert: Put it on the mic? Yes that will work for me. That’s fine. Are you going to call me back, Katie, in about 10-15 minutes?
Katie Hodge: Yes, I will.
Mr. Tolbert: Alright.
Mrs. Hyneman: Okay, we need to make a, we’ll have a 15, 10 minute recess.
Mrs. Vaughn: Andrew, you may have to call in to the cell phone yourself because I don’t know that you can go out on it that way. Can you?
Mr. Tolbert: If the cell phone will reach me, I think you can.
Several voices talking at one time.
Mr. Tolbert: 3671 Katie.
Katie Hodge: Same number I just called you on, right?
Mr. Tolbert: 226-3671.
Katie Hodge: Okay, I got it.
Mrs. Hyneman: I apologize for that film. We’ll try it again. It’s a good film for us to watch. There are several for the school board to watch as opposed to not going to some of their meetings. It’s really quite humorous.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 5 of 27
Ms. Williams: So the plan is to move to the gym?
Mrs. Hyneman: Okay everyone’s going to be responsible I guess..
Dr. Dalla Rosa: Your items and your chair. I think we’re getting a table set up.
4:25 p.m. - The meeting moved to the gym.
At 4:45 p.m. the Chairperson called the meeting back to order. Because the meeting is being taped and Mrs. Hyneman asked that everyone be as quiet as possible. The School Board Association video was then shown but not in its entirety because of technical problems and the discussion of the Board Manual was resumed.
Mrs. Hyneman: If you notice on the back of the different, like 1.1 and it has a date adopted and last revised. So, I thought we’d do each one at a time and that way we can go through it slowly. On the very first 1.1, the Legal Status of the Board of Trustees, um, I’m trying to decide the best way to go about this. Do we want to, as a Board, just say, I’m assuming everyone has read through this and knows what’s on here, and that we go with each one and make a motion, or we could, and then go to discussion. Do y’all think that’s the correct way to do this, proceed with this?
Ms. Williams: Well, I think first we ought to discuss it to see if there is any changes or any questions that anyone has before we get to the motion and all of that.
Mrs. Hyneman: Okay, we’ll do it that way. Okay, once again as Jim said, on the 1.1 the very part, just for your information, we just changed and added our names. The rest of it comes straight from what was suggested by the Arkansas School Board Association. Does anyone have any questions, really on that first three paragraphs? Because the rest of it is just strictly law.
(Mr. Eddings is on the phone with Mr. Tolbert and will be relating anything Mr. Tolbert wants to add to the discussion).
Mr. Eddings: Mr. Tolbert wants to know if we’re going to take sections individually.
Mrs. Hyneman: Yes.
Ms. Williams: Yes, the second paragraph where it states ‘in matters such as personnel, discipline, expulsion, and student suspension, initiated by the superintendent; should it be an s?
Mrs. Hyneman: Yes it should.
Ms. Williams: The board serves as a finder of facts, not unlike a jury. I don’t know if anyone thinks that that needs any clarification from that point on to the end.
Mrs. Hyneman: Well, once again this is strictly as we said about the policies, this could all be changed. This is sort of broad and we’ve just copied what was suggested by the State. We did not add anything ourselves. So if y’all think that we know more than the Arkansas School Board Association, you understand what I’m saying.
Ms. Williams: It’s not so much as that, Pam. We are not a school board in the sense like public schools, so we don’t have to necessarily follow everything that they do. We can pick and choose.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
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Mrs. Hyneman: Wait a minute, Andrew is saying something.
Ms. Williams: Yes, he has an example.
Mr. Eddings: I am going to try to paraphrase what I just heard you say. Just correct me if I get anything wrong. He said that in instances where the board sits to determine an expulsion recommendation, in his view it is advised to let the board to not have too much information because the board doesn’t want to prejudice itself before it hears the issue.
Mrs. Hyneman: So keep it as it stands.
Ms. Williams: I agree.
Mrs. Vaughn: I have got a problem with it and I would like to read it from the statutes of Arkansas regarding specifically our schools and that’s why these things don’t fit. We are a creature of statutes and Arkansas Code Annotated 643215, expulsion: The board of trustees for the Arkansas School for the Blind may expel from the school any pupil whose longer continuance in the school would be injurious to the school. There is also one of those for the Arkansas School for the Deaf. So, I mean, we can’t violate the statutes here. We’ve got to, that’s why every board member, I brought every single statute that specifically applies to the Arkansas School for the Blind and the Arkansas School for the Deaf and we’ve got to follow those. We are not the same as the school board. Those statutes, and I saw where these things came from. Some of them come from public schools and it’s a totally different creature and because of that we have to watch and go with our own statutes. I mean, we can’t violate the law.
Mrs. Hyneman: Well, I fail to see where this one little sentence is… I don’t understand what you’re staying. I’m so sorry.
Mrs. Vaughn: It matters that this personnel discipline expulsion in students. We’re not supposed to have, we’re just to be (inaudible), well in this statute, it says we are the ones that decide it period. We’re the ones that make decision on expulsion.
Mrs. Hyneman: I’m going to go back with Jim and Marcella. Have you ever.. Andrew, I’m at a lost. Y’all were here before I was. This
Mr. Tolbert: I agree with what Janice is saying, but I don’t think this has anything to do (inaudible)… it talks about the power of the board to expel. Is that correct?
Mrs. Vaughn: I think
Mrs. Hyneman: I’m just sorry that, I just don’t, I think
Mrs. Vaughn: May I finish?
Mrs. Hyneman: I’m sorry. Yes, I apologize.
Mrs. Vaughn: The bottom is our statute specifically says that we shall be, we shall be the ones that manage and control the school. Now day to day management goes to the superintendents and if it’s not specifically given to the superintendent, it is a board responsibility and that’s what the statute says. I’m just going by what the statute. I did my homework.
Mrs. Hyneman: I’m going to have to acquiesce to our attorney and
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 7 of 27
Mr. Eddings: Mr. Tolbert said that he thought Janice read something about the board having the power to expel. And I think you’re correct. Mr. Tolbert indicates that he doesn’t think that this sentence takes the power away from the board to expel or to meet out any other punishment with respect to discipline or anything of that matter. He said that this sentence only deals with what the board does in gathering that information before the decision is actually made. Mr. Tolbert said that the superintendent only has the power to recommend. The board has the power during the hearing, well he said that the student recommended for expulsion has rights and during that hearing the board can either reject or accept the recommendation and the student has the right to present facts before the board to, for the board to consider why the recommendation is incorrect.
Mrs. Hyneman: So this statement does not take away
Ms. Williams: I don’t think it takes away..
Mrs. Vaughn: Well, here’s the problem. What happens if the superintendent comes to us and says I am recommending this and we agree but we haven’t heard the other side?
Mrs. Hyneman: That’s what you do. You act (inaudible).
Mr. Eddings: Mr. Tolbert said essentially that the administration has an obligation to inform the parent whose child is being recommended for expulsion of their right to a hearing before the board. If the parent, after being notified of that right, does not avail themselves to a hearing before the board, then the board can then go on and take action with respect to the recommendation.
Mrs. Hyneman: Let’s keep that sentence as is and then, are you comfortable with that, Janice. Now do you understand?
Mrs. Vaughn: I’m comfortable with that. The only part I have a problem with is it says we are not supposed to be informed of the facts or anything. We’re not, it says
Mrs. Hyneman: Prior, prior to a board hearing.
Mandy Abernethy: (Inaudible)… board members should not be informed ahead of time (inaudible).
Mrs. Vaughn: I’m still (inaudible) and that’s all I’m going to ask to add to it is, if you, if somebody, one of the superintendents comes to us and recommends an expulsion.
Mr. Eddings: Mr. Tolbert, as a school superintendent, has provided an example. He says that the only information that he gives to the board is that a student has violated a particular rule and that’s it, with no facts attached. Mr. Tolbert says at the time of the board hearing, the board hears back from the parent and the administration and at no time before the hearing should the board heard the specific facts to support the recommendations one way or the other.
Mrs. Vaughn: So the superintendent cannot expel someone without having first..
Mrs. Hyneman: That’s what it states, yes.
Mrs. Vaughn: We’re going to make sure that we don’t just, because I know kids have been expelled in the past.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
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Mr. Eddings: Mr. Tolbert: there’s a difference between an expulsion and a suspension. Principal or superintendent has the authority to remove a kid from school for up to 10 days. That’s a suspension. Typically an expulsion is removal from school for a longer period of time, generally a semester or one year and only the board has the power to remove a student from school for more than 10 days.
Mrs. Hyneman: Mr. Hill
Jim Hill: Well, there are also, the School for the Blind does not expel. We have Due Process used for Special Ed students. What we do, if a student reacts in such a way that is, discipline is in question, if it’s not a danger to the student, then we have a Due Process hearing to determine if the placement, or something we’re doing or not doing at the placement, is causing this student to react that way. If we can find no issues due to placement, then we will have a placement hearing and during that hearing we will determine if
Mr. Eddings: Answering Mr. Tolbert: Mr. Hill. Mr. Tolbert: is he talking about Special Ed?
Mr. Eddings: He’s talking about the procedure with respect to the School for the Blind. How they deal with disciplinary issues with children with disabilities. A Manifestation Determination I believe it’s called. (Mr. Tolbert: Basically, I’ve had to deal with that too and he is probably correct. Is he done with that?)
Ms. Williams: Finished?
Mr. Hill: Well basically what I’m saying is we just don’t expel. We use the hearing process to determine if that placement is appropriate or if there is a better placement for the child or the student.
Ms. Williams: Alright, Janice, I’m sorry. Not Janice. Marcella, is that the same with the School for the Deaf?
Dr. Dalla Rosa: Yes.
Mr. Tolbert: Is that in regard to expelling students with Special Ed?
Mr. Eddings: Right, right.
Mrs. Hyneman: I would also like to introduce Mandy Abernethy. She’s from the Attorney General’s Office, just for your information and so we will ask her questions because she represents the Attorney General’s Office. I failed to introduce her earlier. I’m sorry. Okay, so we have the Attorney General’s Office approval of this. Janice, you’re comfortable with the wording.
Mrs. Vaughn: Yes, I...
09-J-013 Motion to Accept 1.1 Legal Status of the Board of Trustees
into the Board Manual
Mrs. Hyneman: You know what, I learned a whole lot through this whole process. I just took that two sentences and expounded and learned a lot and I think it’s so worth it. Okay, let’s do this. Each session at a time. Do I hear a motion to accept into our board section manual 1.1 Legal Status of the Board of Trustees?
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Arkansas School for the Blind
April 21, 2009
Page 9 of 27
Ms. Williams: With the correction of the superintendent?
Mrs. Hyneman: With the correction of attendance. I mean superintendents.
Ms. Gray: So moved.
Mrs. Hyneman: Do I hear a second?
Ms. Williams: Second
Mrs. Hyneman: Okay, any discussion? All those in favor, signify by saying aye.
All board members voted in favor and the motion passed.
Mrs. Hyneman: Okay, the second is 1.2 Board Organization. We changed this for our particular board and it’s just our rotation. Does anybody have any questions about that?
Ms. Williams: Yes, I wondered why we have to elect all three individuals; also with the January meeting, when we, you know, vote on the chairperson. Normally we have done it in December. I’m not sure… I mean it can be changed.
Mrs. Hyneman: No, I saw that before. We need to change January to December.
Ms. Williams: Okay.
Ms. Gray: Yes, I read that too and I was curious about it.
Ms. Williams: Well, the person’s term ends January 14. I think is what the statute says.
Mrs. Vaughn: Ends on the 14th and starts on the 15th.
Ms. Williams: Which is the second week and normally we have board meetings the third week. So, we could be minus an individual because if the governor has not reappointed that person or hasn’t put someone in their place. So,
Mrs. Hyneman: Okay, why don’t we say it’s voted in January, I mean voted in December and then we would take immediate office, or should we wait until January 14 or 15th. I think January 1. January 1. So they’ll be elected in December and taking their office January 1st. Okay.
Mrs. Vaughn: But this (inaudible) by statutes.
Ms. Williams: Well, we’re not talking about the term now. We’re talking about
Mrs. Vaughn: What section are you talking about?
Mrs. Hyneman: 1.2.
Mrs. Vaughn: Oh, you’re already on 1.2.
Ms. Williams: Also do we want to elect all of the other officers, the vice-chair person and the secretary? They usually just move up, but I think it’s important that we do elect the chairman because it can change.
Mrs. Hyneman: Well, let’s just delete, the board shall elect a chairman, but also it says how the rotation occurs at the end. So the …
Ms. Williams: We might want to reword
Mrs. Hyneman: We don’t really elect it. So..
Ms. Williams: Well, and I think that’s a good way of doing it, but we may want to change the wording a little bit to say that generally a member should act as, rather than stating it that way. Because I remember, who was it, he’s deceased now? McNutt did not want to take over the chairman office when it came his time so someone else continued on.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
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Mrs. Hyneman: And I wasn’t even going to bring this up. I even talked to Jim Hill, but we’re taking so much time. This could all be subject to change. For example, you know I’m chairman after my second year because this is the way it goes. What happens if I had an accident and I was indisposed? So now what they had done earlier, you would just say at that point, well we will cross, maybe just cross that bridge when it comes, but it’s pretty awkward to be chairman your second year and what if you’re chairman in the middle of your first year, because I took someone’s appointment. And, I, it’s difficult. So, and I can testify to that. So that is one of my issues that I was shocked when I found out I was going to be chairman because I’m fulfilling two years. So we can wait until that time comes and, because this could always be re-voted at that particular point with each particular incident.
Ms. Williams: I think while we’re here, why don’t we just go on and say something in general saying that generally or have something to say that gives you a little freedom.
Mrs. Hyneman: I agree. So
Mrs. Vaughn: How about board members may serve as officers on a rotating basis.
Mrs. Hyneman: Perfect.
Ms. Williams: Yes.
Ms. Gray: That sounds good.
Mrs. Vaughn: A member may act as secretary during the third year of that position’s term. May, may, may
Mrs. Hyneman: If that’s agreeable, that’s great. Okay. So
Mrs. Vaughn: We have finished though other than that 1.1. Have we finished on this? I wanted, I’m sorry, there’s one thing that does need to be changed and it’s just a technical thing. This statute right here, Appointment of Parent Advisory. It’s 205; 2517206C. It’s 2517205.
Ms. Williams: Oh, okay.
Mrs. Hyneman: Okay. Do we need that go backwards, or just have her make that.. Okay, just a clerical error, we’ll adjust it, Janice. Thank you. Just to make sure, Katie did you hear that?
Katie Hodge: No
Mrs. Hyneman: Would you repeat that Janice.
Mrs. Vaughn: On the first one, 1.1, on the Appointment of Parent Advisory Board Member, that statute is not 2517206C. It’s 2517205. It’s ACA 2517205. And that’s in your packet thing (inaudible).
09-J-014 Motion to Accept Section 1.2, Board Organization
into the Board Manual with
revisions
Mrs. Hyneman: Okay, do I hear a motion to accept into our board manual, Section 1.2 Board Organization, with the revision.
Dr. Watson: So moved.
Mrs. Hyneman: Do I hear a second.
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Arkansas School for the Blind
April 21, 2009
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Ms. Gray: Second.
Mrs. Hyneman: Any discussion? All those in favor signify by saying aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Passes.
09-J-015 Motion to Accept Section 1.3, Duties of a Chairperson
into the Board Manual
Mrs. Hyneman: Okay. 1.3, Duties of the Chairperson. Once again this comes straight copied out of the suggestions from the Arkansas School Board Association.
Mrs. Vaughn: Can I ask something that doesn’t actually, there’s something left off, well, no I’m sorry. It comes over in the (inaudible). That’s fine. Sorry.
Mrs. Hyneman: I think that’s pretty much cut and dry. So, if no one has anything else to say. Do I have a motion to accept into our board manual, 1.3 Duties of a Chairperson?
Ms. Gray: So moved.
Mrs. Hyneman: Do I hear a second?
Mr. Eddings: I’ve got a question to 1.3.
Mrs. Hyneman: Okay. Discussion.
Mr. Eddings: Is there any provision other than the chairman or the board president to call a special meeting?
Mrs. Vaughn: That’s where it (inaudible)
Mrs. Hyneman: Actually I believe the vice chairman
Mrs. Vaughn: No it says (inaudible)
Mrs. Hyneman: No it says the secretary can.
Mrs. Vaughn: Or three board members (inaudible) five or seven member panels though, and it says 50 electorates (inaudible) file a petition and (inaudible) that exact statute is 613619 and it’s in the special program that way.
Mrs. Hyneman: If you, later on that’s addressed as far as other sections.
Mrs. Vaughn: Well, it wasn’t either. I’ve looked all the way through it and it didn’t have the secretary, for example, could call a special meeting.
Ms. Williams: No.
Mrs. Vaughn: No it doesn’t.
Mrs. Hyneman: It says special meeting, a legal action is called by, let me see. Well, I read that somewhere. It says the board of trustees can call a chairperson. No.
Mrs. Vaughn: You read it in the other manual and it’s been left out of here.
Mrs. Hyneman: Okay, it’s been left out of this one. So let’s add that.
Ms. Williams: Well, when we get to the 1.5 is where
Mrs. Hyneman: Okay, so it’s not on this one. You don’t want to add it to this one.
Ms. Williams: Yes, the 1.3 is fine as far as I’m concerned, unless someone else had any changes.
Mrs. Hyneman: Was there, Khayyam, was there something you were saying about this 1.3 section? I’m confused.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 12 of 27
Mr. Eddings: I just saw that and I didn’t see any other provisions for special meetings may be called.
Mrs. Vaughn: That one’s fine. The Duties of the Chairperson. It would have to be on the 1.5 and the secretary.
Mrs. Hyneman: Okay. So this one stands as is. Okay? Khayyam, are you comfortable with that?
Mr. Eddings: Yes.
Mrs. Hyneman: Okay. So all those in favor signify by saying aye.
All members voted for the motion.
Katie Hodge: Madam Chairman, I need to clarify who made the motion.
Mrs. Hyneman: Okay, the motion was made by, who made the motion?
Ms. Gray: Well, I think, I’m not sure.
Ms. Williams: I don’t think we made one.
Mrs. Vaughn: You didn’t make one.
Ms. Williams: I don’t think we made a motion.
Mrs. Hyneman: Beth. Yes we did. Khayyam interrupted.
Ms. Williams: He interrupted, so that’s right.
Mrs. Hyneman: You interrupted.
Mr. Eddings: Pardon me (Laughter).
Verbally told that Ms. Gray made the motion and Dr. Watson seconded the motion. The motion passed.
09-J-016 Motion to Accept Section 1.4, Duties of Vice Chairperson
into the Board Manual
Mrs. Hyneman: Okay, 1.4, Duties of the Vice Chairperson. Does anybody think of anything we need to add? Is that good? Okay. Do I have a motion to accept into our Board Manual Section 1.4?
Dr. Watson: So moved.
Ms. Gray: Second.
Mrs. Hyneman: All those in favor, signify by say… Discussion? All those in favor signify by saying aye.
All board members voted in favor of the motion.
09-J-017 Motion to Accept Section 1.5, Duties of the Secretary
into the Board Manual
Mrs. Hyneman: Okay, 1.5, Duties of the Secretary. Now y’all said we wanted to add something.
Mrs. Vaughn: They can call a special meeting and they also, under statutory law, there are a few more, I mean there is something…
Mrs. Hyneman: So where did you…
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 13 of 27
Ms. Williams: They can also call for an executive session.
Mrs. Hyneman: Where is that from?
Mrs. Vaughn: That is from the, I can tell you.
Mrs. Hyneman: Okay, let’s get the correct wording for it.
Mrs. Vaughn: Okay, the 6.13619 has in there that the secretary may also, or board, but you know this is just what their duties right now we’re dealing with. We’ll add that later. Secretary, one of the duties I had is #4, calling special meetings.
Mrs. Hyneman: Right.
Mrs. Vaughn: And then #5 would be performing such other duties, but there are a few things in the statutes that require the secretary..
Mrs. Hyneman: We deleted those because we change them because we have Katie who does all of our minutes.
Ms. Williams: Yes, so that brings me to #1.
Mrs. Hyneman: Well, we deleted, let see
Ms. Williams: About the secretary being responsible to see that a full and accurate record of the proceedings of the board are kept. So, since
Mrs. Hyneman: Well actually there is a separate one completely that said be responsible for official correspondence for the board and we deleted calling special meetings of the board. That was on there, and I don’t know why we did that. So, we didn’t delete #1 where she signs off on it, but Katie does the writing. (Inaudible) #2; Delete #3; Keep #4; Keep #5; and Keep #6 on the original.
Mrs. Vaughn: Wait. There was something else I saw in the statutes on secretary’s duties (inaudible).
Mrs. Hyneman: Here’s the original. I don’t know why we deleted that. So just for your information, Katie, we are adding, calling special meetings of the board. We’re going to delete be responsible to see that a full and accurate record of the proceedings of the Board are kept, which is #1, and Janice, if you find something else for the meeting, we can add it. We can change this as many, last revised. It could be every week. Hopefully not. I wish I hadn’t said that.
Ms. Williams: Yes, you know we’ll (inaudible)!
Mrs. Hyneman: I’m backing up from that one. So, okay, do I hear a motion to accept to the board manual Section 1.5, Duties of the Secretary with the inclusions and deletions?
Ms. Gray: So moved.
Dr. Watson: Second.
Mrs. Hyneman: Thank you. Any discussion? All those in favor signify by saying aye.
All board members voted in favor of the motion.
Mrs. Hyneman: Okay for the next month, these are quite lengthy. I was thinking we should do 1.6 and 1.7
Mrs. Vaughn: Next month?
Mrs. Hyneman: Yes, because they’re long.
Ms. Williams: Okay.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 14 of 27
Mrs. Hyneman: Well, let’s do 1.8. It’s sort of short.
Mr. Eddings: So is 1.9 and 10.
Mrs. Hyneman: 1.9 is pretty short too. Let’s do the next five; 1.6 through 1.10. Okay?
Ms. Gray: For next month?
Mrs. Hyneman: For next month. That’s next month’s homework. Very good.
Discussion Items
Khayyam Eddings - A.S.B. Parent Representative
Nothing to report for this meeting.
Janice Vaughn – A.S.D. Parent Representative
Mrs. Vaughn: Yes, I do have a few things to discuss, as you can imagine. First let me start by stating I’ve given y’all a packet and, Andrew, I’m sorry I haven’t given this package to you but I was denied the right to put some things on there, so it was not included on the Agenda. But let me just start by saying I’m going to be as quick, to move as quickly as I can.
Ms. Williams: Wait a minute. I want to know what you meant by denied the right to
Mrs. Vaughn: Let me, on April 1, I sent Pam a written notice via e-mail that I would like to add an item to the Agenda. I have included in y’all’s packet those e-mails. Basically, I said Pam, as a board member I would like to add a matter to the agenda for the next meeting. I have been contacted by almost every teacher at the school regarding the principal situation, that is the policy of one superintendent versus, one principal versus two principals, and the teachers would like to address the board. They have already followed the procedures of going to Marcella and felt they got no answers. If it needs to be during the parent rep. report, that is fine, but this is truly a serious matter and needs to be addressed as soon as possible before there is an implosion or explosion. I’m not sure which at this point. Please let me know so I can let them know today.
Mrs. Hyneman: And I would just like to say, to make it a little faster, I requested that before, that she do that, so she did as requested. We
Ms. Williams: You requested what?
Mrs. Hyneman: That, it was requested that she submit to the board, actually what she has written, that she submit to the Board, that’s why she did this, anything she would like to present to the Board.
Ms. Williams: Why?
Mrs. Hyneman: Because as it was stated, the superintendent gets together with the chairman of the board to decide what’s appropriate and what is appropriate for presentation to the board.
Mrs. Vaughn: No, that’s not true.
Ms. Williams: Why?
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 15 of 27
Mrs. Vaughn: The superintendent and the chairperson are the ones, any board member under statute can bring up a matter and it will be included on the Agenda.
Mrs. Hyneman: That’s not true.
Mrs. Vaughn: Yes, it is.
Mrs. Hyneman: Okay, just a second.
Mrs. Vaughn: Let me go through. Let me finish if I could.
Ms. Williams: Well, I’m trying to make sure I’m following everything.
Mrs. Vaughn: I’m going to bring these (inaudible).. also pursuant to Pam’s previous e-mail that we notify Marcella. I sent Marcella an e-mail saying pursuant to the instructions of Pam Hyneman I ask that you place the matter of the policy of one versus two principals on the agenda for April. Also a representative from the teacher’s staff would like to address the board regarding this matter. I’ve already requested the same of Pam. If you have questions, please give me a call. Well, I got a telephone message and believe me I’m going to wrap this up as to why this is so important. It was at 10:43 on April 3 and it was from Pam Hyneman and I have recorded it and I have the tape if anybody wants to listen to it. I have transcribed it and it says: Janice, this is Pam Hyneman. I got your e-mail. I am in New York. My daughter is having some health issues, so the answer is emphatically no. They cannot be on the agenda. You cannot bring it up either. That is not a board issue. That is strictly the superintendent’s decision to make, to be made and I talked with Amy to make sure that is correct and it is correct. So as far as the principal and vice principal, there is no democracy in that particular school. It is whatever Marcella says. It is what we are going to do. The other thing you might want to keep in mind is that all we do is make policies. The superintendent runs the school. It is not our job to run the school, and I will not tolerate any more, any questions about what Marcella does or doesn’t do period. I talked with Amy. That is not the correct behavior nor the correct procedure. I know you heart’s in it. That is not your job. If you have any questions, you can call me. I am going to e-mail this to you also so you will be sure to have gotten it.
Okay, anyway that’s it.
Mrs. Hyneman: I did say that.
Mrs. Vaughn: I then got an e-mail from her that, as is stated in the Arkansas School Board Manual, which I personally (inaudible) up to you several months, this is by no means a board matter. However out of respect for your request, I consulted with the Attorney General’s Office confirming my decision to deny the request. As I have previously stated, our role as board members does not include commenting and/or addressing any of the concerns of the staff who work under the supervision of Marcella or Jim. I understand bringing up matters such as this was allowed in meetings in the past, but now that I am the chairman the protocol will be strictly followed. To clear any discrepancies in our policies, I will be showing a video produced by the Arkansas School Board Association that will clarify our roles as board members in a visual format. As a reminder, all board members are personally responsible for being familiar with all of the materials to be presented at the next meeting. Please don’t hesitate to contact me if you have any questions.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 16 of 27
Well, I did e-mail back and I said I’ll fight you on this when you’re wrong. The issue is one principal or two and that was and has always been an issue for the board. I advised Marcella to put the issue on the agenda, as per your previous directive, which means nothing unless approved by the board. And then I mentioned that I had dental surgery, will talk to you in a couple of days. I was e-mailed back, and I only have two more of these.
You need to understand your role as a board member. It is in plain black and white. If you would just take some time to read the information about the role of our board members, you would see the stance that I have taken is the correct one. I am certain Amy and Mandy will agree with my decision. Then she mentioned something about my dental surgery. Then, I sent back, please read Section 1.1 Board Meeting Agenda that says that “any member of the board of trustees may place items on the agenda”. I requested an item for inclusion in writing and expect to be heard. Final word was I had made my decision along with the support of the AG’s office. That issue is an administrative issue, not a board issue.
Mrs. Hyneman: Okay,
Mrs. Vaughn: Well, no, I’m not finished.
Mrs. Hyneman: Janice, I’m chairman, honey. So let me
Mrs. Vaughn: I have the floor.
Ms. Williams: But she has the floor and should be allowed
Mrs. Hyneman: But there’s also a, the chairman has the discrepancy to interrupt, not to interrupt, but to limit your time. Okay.
Mrs. Vaughn: No you don’t really.
Mrs. Hyneman: Yes I do.
Ms. Williams: Well, I think the board is the one that
Mrs. Hyneman: I would like to have the Attorney General’s office… Okay.. Come over here Amy just so you can hear. Just to make this shorter, I’m following strictly the advice of the Attorney General’s Office. I know nothing else to do. So I read my literature. I’ve done what she suggested, which as chairman of the board, that’s what you acquiesce to. So.. would you stand up so we can hear?
Mandy Abernethy: Our legal (inaudible) is (inaudible) chairman of the board decide which items are placed on the agenda and it should be the full board vote to override that decision. The full board may certainly do that but ultimately placing an item on the agenda if the chairperson feels like it’s an item that is not appropriate for various reasons, it’s up to the chairperson to make that call (inaudible) the individual (inaudible) .. by the board in executive session. If it’s a (inaudible) operation obviously the statute that says up to the superintendent with the approval of the board as it regards specific (inaudible)..funding or budget issue or structure issue about the school, then certainly the legislature (inaudible)…but the question as to my understanding is centered around one particular (inaudible)…. in executive session and would certainly (inaudible)… the superintendent make that call.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 17 of 27
Mrs. Vaughn: Could I say that I have a letter that I passed out to everybody from Mike Phillips and first of all this isn’t only about Mike Phillips, but I’m first getting to my first issue. But I have a notarized copy of his, his permission to be, to discuss this at open meeting.
Mandy Abernethy: That doesn’t change the rights
Mrs. Vaughn: But let me just tell you. What statute are you looking at?
Ms. Williams: Yes, I want to know.
Mrs. Vaughn: There is a statute that the board chairman’s (inaudible). It says, even her manual says a board member shall be allowed to, the public is the one who can’t, and I am a board member.
Mrs. Hyneman: But Janice, her point is that this particular case is not appropriate for the board. It’s about two principals versus one. If it were something that was board appropriate, it would be a different situation. This was, someone had to make the decision. It was my decision according to this, but
Mr. Eddings: So the issue is, just so I understand the issue, the issue is whether there should be two principals versus one principal.
Mrs. Hyneman: Which is all we discussed.
Mr. Eddings: And I think that if I heard you correctly, wouldn’t that be an issue with respect to structure?
Mrs. Vaughn: Yes, it is.
Mrs. Hyneman: Yes.
Mandy Abernethy: That’s exactly right. (Inaudible)…with respect to structure as long as the conversations don’t center around
Mr. Eddings: A particular employee and then I also hear you say that issues with respect to structure fall under purview of the board?
Mrs. Williams: That’s right.
Mandy Abernethy: (inaudible) fall with purview of the superintendent (inaudible) as it relates to budget issues (inaudible) the legislature (inaudible)… working with the superintendent (inaudible).. not with individuals. This is regarding structure.
Mrs. Vaughn: May I tell you what the Arkansas Supreme Court has unanimously said, an opinion regarding the School for the Blind? It’s Stephens versus School for the Blind. As the creation board elimination of a position is a function of the board, it follows that the board has the authority to determine whether a position is no longer needed (inaudible). Basically it is a structural issue and it is a school issue. Period. And that is what the U.S., I mean the Arkansas Supreme Court says. There’s also another law here that we all need to look at of the things that weren’t in our packet, that aren’t reflected in there.
Mrs. Hyneman: Well, Janice I tell you what. You know none of us got any of this information until one minute before we got here. I don’t think it’s appropriate for us to go over this right now. Maybe we should set aside a separate time if this is going to be such a long, we don’t have time to read any. I got this today, one minute before we got here.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 18 of 27
Mrs. Vaughn: You got this today because you denied me the right and I am asking the board to decide if you can deny me the right to put something on the agenda. It says that, and any board member may do it, and you’ve seen the AG’s opinion, actual opinion, that says I am a board member with full responsibilities.
Ms. Williams: I don’t (inaudible)
Mrs. Hyneman: I understand where you’re coming from, but I was under the impression, what this whole thing boils down to is that Mike Phillips didn’t fulfill his duties to be principal and we had that discussion. Correct?
Mrs. Vaughn: No, we didn’t.
Mrs. Hyneman: Yes, we did.
(Conversation occurring while Ms. Williams is speaking).
Ms. Williams: It’s not a matter of Mike Phillips. It is a matter of positions as well. We had, no, I’m looking at the minutes that have been approved for February 2009 meeting and the (inaudible) second, there was no action on the second issue.
Dr. Watson: I couldn’t hear. Can you repeat?
Ms. Williams: The minutes from February indicated that there was no action taken on the second issue.
Mrs. Hyneman: This was during executive session.
Ms. Williams: And no action was taken.
Mrs. Hyneman: The reason there was no action is because we were agreeing with what Marcella had stated. We can’t re-talk about that, can we, outside executive session?
Ms. Williams: We can’t say what was done, but I think we can talk about the process. Right?
Mrs. Hyneman: I don’t know. This was, Andrew
Mrs. Vaughn: No action was taken at that meeting, so nothing was done and nothing was voted on.
Ms. Gray: I thought we voted that he couldn’t (inaudible) because of his, next year (inaudible).
Ms. Williams: No. If we had voted, it should have been put in a motion.
Mrs. Hyneman: Wait a second. I tell you what, this is getting beyond the bounds of what should be talked about in open session because this happened during executive session.
Ms. Williams: Well, then that’s why we need to talk about the, and I, I had talked with Marcella immediately after I received one of the letters to let her know that I thought that we should, at this point in time, talk about the principal position. Not necessarily Mike Phillips, and this sort of thing, not the individual, just the position, and I thought it was going to be on the Agenda for this time.
Mrs. Hyneman: That totally blindsides me because in the executive meeting we had, well wait a second. Let me just find out what we can or cannot talk about.
Mrs. Vaughn: I have permission from Mike Phillips for all of this to discuss anything with him.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 19 of 27
Mrs. Hyneman: Well, we’re not talking about Mike Phillips. We’re talking about the executive session.
Mandy Abernethy: (Inaudible)
Mrs. Vaughn: But if someone asks for a public session, they can get it too.
Mrs. Hyneman: No, they, that
Ms. Gray: We also need to get our stuff beforehand. It’s very important that we do that. I mean I got here late. I didn’t have time to read it.
Mrs. Hyneman: Well, I’m going to, also if we allow this, then that means there’s going to be a free rein for anyone to come in here and say anything they’re comfortable with. That is not what this board’s about.
??: Public form.
Mrs. Hyneman: We are not a public forum.
09-J-018 Motion to call a Special Meeting
Ms. Williams: Okay, I make a motion that we have a Special Called Meeting to discuss the position of principal for the school. I move that we have a Special Called Meeting to discussion the position of principal at the School for the Deaf.
Mrs. Hyneman: Do I hear a second?
Dr. Watson: Second.
Mrs. Hyneman: Any discussion? I have some discussion.
Mrs. Vaughn: I have some discussion too.
Mr. Eddings: Mr. Tolbert, do you have…
Mr. Tolbert: We’re talking about the principal for the School for the Deaf?
Mr. Eddings: Correct.
Ms. Williams: Yes.
Mr. Tolbert: A couple of years ago we had two principals and went to one. Okay. And if I understand correctly the principal that was there was not certified in one area (inaudible).
Mrs. Hyneman: Stop and say what he said.
Mr. Eddings: He said in years past, he recalls that there was a discussion among board members that there were two principals at the School for the Deaf and went to one principal. Correct?
Mrs. Hyneman: Correct. Yes. Now tell him to continue.
Mr. Eddings: Now go ahead, Mr. Tolbert.
Mr. Tolbert: (Inaudible)
Mr. Eddings: His understanding was that the principal who was going to be there, there were some concerns that he didn’t have full certification for Grades K-12.
Mrs. Hyneman: Correct.
Mr. Tolbert: (Inaudible)
Mrs. Hyneman: Okay, stop a second. Stop and repeat that now, Khayyam.
Mr. Eddings: Can you say that again, Mr. Tolbert.
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Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 20 of 27
Mr. Tolbert: (Inaudible) now to the time (inaudible), we’re now going to decide whether we are going to go back to two principals (inaudible).
Mr. Eddings: Mr. Tolbert’s understanding is that we’re now deciding whether to go back to two principals as opposed to one principal.
Dr. Watson: We’re asking for a Special Meeting to discuss that issue. To discuss it and vote on it.
Mr. Eddings: Correct, correct. Yes, that was the motion. I guess Ms. Williams needs to state the intent of her motion. Is that the intent of your motion to discuss whether to go back to two?
Ms. Williams: Yes, the intent is to discuss whether it is in the best interest of the school and the students to go back to having two separate principals or to continue on as it is.
Mr. Tolbert: I understand and respect that (loud noises in the background) gets the certification and that we’re going back to deciding if we need to go back to two because of the benefits of the kids to have two principals after we had a chance to see how one works.
Ms. Williams: It’s for the benefit of the children.
Mrs. Hyneman: Stop just a second, Andrew. Would you let, Andrew wait.
Mr. Tolbert: (Inaudible) we be having a board meeting especially to decide if we’re going to go back to two?
Mr. Eddings: His question is would we be having a board meeting to decide if we’re going to go back to two principals, if the individual who currently holds the position had fulfilled his obligations to acquire his certifications.
Mrs. Hyneman: So you’re saying the only reason we’re doing this is for that?
Mr. Tolbert: (Inaudible) what’s best for the kids (inaudible; several people talking at once), go back to two, fine.
Mrs. Vaughn: That’s what the teachers wanted to address, the need for the principals, for two principals, and that’s what I told them that they wanted to discuss at the board meeting, and I was denied that right.
Mrs. Hyneman: Well, Janice
Mr. Tolbert: (Inaudible) staff there. I think they do a great job (inaudible).
Mrs. Hyneman: Repeat what he said. I’m deaf.
Mr. Tolbert: (Inaudible) and why we want to go back to two principals (inaudible).
Mr. Eddings: Mr. Tolbert said that he respects the people at the School for the Deaf. He said they do a great job, but again the question is the board decided some years back to go to one principal and he says that this is not about, it shouldn’t be about the person, but about the school and what’s best for the kids, and he would have expected, I mean if there was a problem with there being only one principal versus two, he would have expected someone from the school over there to come forward before now when we’ve got an issue regarding this person’s certification.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 21 of 27
Mrs. Vaughn: We have had someone acting as assistant superintendent, and basically they have done the same thing, I mean we would be in the same position. One is an assistant superintendent and one is a superintendent. Let me tell you, Andrew, that the importance of this issue, if I could to go into a little bit more.
Mr. Tolbert: (Inaudible) special meeting (inaudible) and I’ll reserve those for the special meeting. I’ll just bring those questions to the board at that time.
Mrs. Hyneman: Okay, would you repeat what he said.
Mr. Tolbert: We have to put the needs of kids in front of those of adults.
Mr. Eddings: He said there is no problem with a special meeting. He’s got some questions that he is going to ask during the special meeting and he will reserve those questions for that time, but whatever we decide to do, we have to put the needs of the children, the children before the needs of adults; wants of adults, I misquoted Mr. Tolbert. The needs of kids above the wants of adults.
Mrs. Hyneman: I am amazed but I think this is what we have a board for. We have all of these board members to bring different things to the table. Janice, I’m following strictly what I have read. No offense to you or what you’re trying to represent or anyone here.
Mrs. Vaughn: I would hope not.
Mrs. Hyneman: Of course not. That is not my intention. Once again, we need to refocus while we’re all here. We all have different job descriptions. We all have different roles, different backgrounds, but once again our main focus is what is important for the kids and I’m. That’s our discussion.
Mrs. Vaughn: Can I, can I please finish up a few seconds and tell you why this is so important for the kids and in connection with that, I should add reason, there’s a reason the legislature put a parent rep. from both schools on the board. We’re the eyes and ears of these schools. We’re the ones; we don’t just have contact with the superintendent. We have contacts with the kids. We have contacts with the parents. We have contacts with the teachers and the staff. Now, I’m going to tell you we’ve got a real problem at this school and it is affecting the children.
Mrs. Hyneman: Janice, this is not a forum.
Mrs. Vaughn: Yes, it is.
Mrs. Hyneman: You’re out of order. We’ve got a motion. I’m mean let’s go ahead and vote. We have all of these issues that you have. We’re just voting to do this at another time.
Mrs. Vaughn: I’ll tell you why this is so important. They also have an attorney that they have paid to be with them today. They have taken a vote of no confidence and now
Mrs. Hyneman: Janice, that is totally inappropriate and is not professional for you to bring that up at this table. That is not appropriate and is not professional.
Mrs. Vaughn: It certainly
Ms. Williams: There is a motion on the table and we will call a Special Session.
Mrs. Hyneman: Okay, all those in favor say aye. All those opposed?
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 22 of 27
Katie Hodge: Did Ms. Williams make the motion?
Mrs. Hyneman: Okay. Well,
Mr. Tolbert: (Inaudible) what did they just do?
Mr. Eddings: There was vote on the motion to call a Special Meeting.
Mrs. Hyneman; And how did he vote?
Mr. Tolbert: We haven’t set the time or date?
Mr. Eddings: No, we haven’t set the time or date yet.
Ms. Williams: But does he, he agree?
Mr. Eddings: Do you want to vote?
Mr. Tolbert: Mr. Tolbert votes in favor of Special Meeting.
Ms. Gray: I need more information.
Mrs. Hyneman: Well, this is just going to be a meeting.
Mrs. Vaughn: Are we going to allow the teachers to speak at that meeting? They have asked, (inaudible) be present and they have a right. They, of all people,
Ms. Williams: I think they should.
Mrs. Vaughn: they’ve signed letters. I’ve given y’all letters. We have a problem.
Mrs. Hyneman: Janice, if we allowed our board meetings to be, for everyone to come up here and complain or disgruntled, let us
Ms. Williams: But this is a Special Meeting, specifically for a certain item.
Mrs. Vaughn: This is 95% of the school.
Mrs. Hyneman: Now where do you get these figures?
Mrs. Vaughn: Well, do you want me to present them?
Mrs. Hyneman: No, I do not. (Loud noise in the background)
Mrs. Hyneman: Okay, I think this is inappropriate for a school board. This is not what, this is not in our job description and I understand your heartfelt feelings. We are going to have this meeting
Ms. Williams: Our job is to work in the best interest of the school and students.
Mrs. Hyneman: Let’s just go, move forward and pick a date. We’re stopping right now. We’re going to pick a date for this meeting. Okay?
Mr. Eddings: Did you hear that Mr. Tolbert?
Mr. Tolbert: Yes, they’re going to pick a date.
Mr. Eddings: Right.
Mrs. Hyneman: Mandy, is this all appropriate? What we’re doing is appropriate? Okay, just to make sure. So, today is, so what about the 28th?
Dr. Watson: I can make it.
Ms. Gray: What time?
Mrs. Hyneman: What time (inaudible). Ask Andrew. Ask Andrew because he’s coming from out of town.
Ms. Gray: Five would be better so I don’t have to take another hour off work.
(Mr. Eddings asked Mr. Tolbert what about the 28th of April, next Tuesday.)
Mr. Tolbert: A week from today? Ahh, my secretary is not here.
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
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Mr. Eddings: We’ve got to get you here in person. Ha, ha, ha.
Ms. Williams: Yes, he’ll need to be here in person.
Mrs. Hyneman: Hey, what about..
Dr. Watson: Can we look into May?
Mrs. Hyneman: What about we do it on May 19, or even coming earlier that day and just do it all in one day.
Mrs. Vaughn: No, that’s the Graduation. We need to get this taken care of before school ends or we’re going to be losing people.
Ms. Williams: Yes, I think the sooner the better.
Mr. Eddings: Mr. Tolbert’s available the 28th.
Mrs. Hyneman: Henrietta’s not. I mean Marcella’s not. Excuse me.
Dr. Watson: How about, say 5?
Ms. Gray: I can do the 28th. I just can’t do until after (inaudible).
Mrs. Hyneman: So, what about the 29th?
Mr. Tolbert: I’ll be out of town the 29th and 30th.
Mr. Eddings: Mr. Tolbert’s not available the 29th or the 30th.
Dr. Watson: No, I can’t
Mrs. Hyneman: Okay, what about May 5th.
Mrs. Vaughn: That’s getting so close to the end of the school.
Mrs. Hyneman: We’re just doing the best we can.
Mrs. Vaughn: What about tomorrow, the next day or the next day?
Mr. Eddings: I’m in trial that week.
Mrs. Hyneman: We’re not prepared.
Mr. Eddings: You have to give two hours notice before you can call a special meeting to the media.
Mrs. Hyneman: We have to have two hour’s notice before we can call a special meeting.
Mrs. Vaughn: I think everybody has been notified on this one.
Voices from the audience: But were denied request. We don’t have a voice.
Mrs. Hyneman: You know what. We want everyone to be heard. So we’ll just
Ms. Williams: What about Monday?
Mr. Eddings: How about April 27?
Ms. Williams: That’s Monday.
Dr. Watson: Monday. I can make Monday.
Mr. Eddings: Monday, the 27th.
Someone in the audience: Ma’am, may I suggest if we do it now (inaudible) the superintendent’s report (inaudible) and then go ahead with this. May I suggest that?
Mrs. Hyneman: I’m not prepared. We can’t do that. That’s not appropriate. We have to have a two hour advanced notice for special meeting. So we’re going to suggest May 27th, I mean April 27th. It’s on a Monday.
Ms. Gray: I need more, I need more information.
Mrs. Hyneman: This is not the time. I’ve just got to process it.
Dr. Watson: How about any day later this week?
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 24 of 27
Mrs. Vaughn: Yes, any day.
Mr. Eddings: How about Monday, the 27th.
Mrs. Hyneman: Monday, the 27th is good for me.
Ms. Gray: That’s good for me.
Mrs. Hyneman: Andrew?
Mr. Eddings: He suggested the date.
Mrs. Hyneman: Can we make this at 5 o’clock so she won’t have to take off work. 5 o’clock. 5 o’clock is appropriate. We are out of town, so we.. So 5 o’clock is good for the board?
Mr. Eddings: Monday?
Mrs. Hyneman: Monday, April 27, 5 o’clock. We’ll let you know where it’s going to be. Okay, let’s go on to the next agenda.
Ms. Williams: Okay, Monday the 27th at 5 o’clock.
Mr. Eddings: Do we need to vote on that.
Mrs. Hyneman: I don’t think so.
Ms. Williams: No not for the time. I don’t think so.
Someone in the audience: I have something to say, Madam Chair. Since we’re all here, I would like to request a meeting tonight at 8 o’clock. We could put a hold on this meeting and give two hour notice (inaudible).
Mrs. Hyneman: I’m sorry. I live out of town. Y’all I’m sorry, we have it on the agenda for Monday, May 27th at 5 o’clock. Let’s be peaceful. Let’s be happy with that. Oh, I’m sorry, April 27.
Ms. Williams: That’s Monday.
Mrs. Hyneman: So, we’re going forward. (Several board members talking at once). So, I will ask our attorney general’s office and make sure and if that’s what we’re supposed to so as a chairman, I want to do what all of the board members want to do. I’m just a voice. So if that’s what we all want to do, we’ll talk about it and I assure you if that is appropriate, it will be done. If it’s not, then we won’t
Ms. Williams: Well, I think it’s appropriate.
Mrs. Vaughn: It’s appropriate. (Inaudible)
Mrs. Hyneman: But once again, we have to, we’re going to go forward with next on the agenda. Next on the agenda is Arkansas School for the Blind. Jim Hill
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
Page 25 of 27
There being no further business of a Joint nature, the meeting moved to the Agenda for the Arkansas School for the Blind.
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Pam Hyneman, Chairperson
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Andrew Tolbert, Secretary
Board of Trustees Meeting
Arkansas School for the Deaf
Arkansas School for the Blind
April 21, 2009
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