1 00:00:04,804 --> 00:06:51,844 ♪ ♪ ♪ A 3. 2 00:06:51,844 --> 00:06:54,780 >> I think you're going want to. 3 00:06:54,780 --> 00:16:46,705 ♪ ♪ ♪ can't ♪ ♪ ♪ >> Yes, second hearing. 4 00:16:46,705 --> 00:19:19,358 ♪ ♪ ♪ >> I >> get one before I hand gavel over to President Kerry. I wanted to give everybody a quick update on some upcoming events. We have a action packed 2 weeks coming up here in District 11 this Friday. 5 00:19:19,358 --> 00:19:33,305 Our first great peak experience over Mitchell Planetarium and a pajama party for some stargazing that evening. And then on Thursday and Friday of next week in your downtown at Pioneer Square in Acacia Park. Our second annual chalk Tobar Peak 6 00:19:33,305 --> 00:19:48,586 experience for 8th graders on Friday. That will be open to parents with a mini concert at the clamshell inside Acacia Park and then on Saturday, rivalry game of the United States Air Force Academy against Navy over 200 tickets sold. Please reach out. 2 are 7 00:19:48,586 --> 00:20:02,067 engaged office. If you'd still like to attend and then Thursday, October 8th, another peak experience for Pre-K families to really get excited about this PRE K year in a long term relationship District 11 and then closing peak experiences for the next 8 00:20:02,067 --> 00:20:14,746 couple of weeks, Wednesday and Thursday, Memorial Park removing our rocket today. Up until the fall this year for some feedback that we've gotten on the challenges with the fire season in May. So super exciting time to be in District 11. Thank you for 9 00:20:14,746 --> 00:20:23,755 your attention. President Kerry. 10 00:20:23,755 --> 00:20:51,383 >> We will call the special board meeting for Wednesday, September 23rd 2026 to order at 04:00:04PM. Ms Olsen Roll Call, Please. So some local ♪ >> Director Baca Bartlett and present Director Kari here. 11 00:20:51,383 --> 00:20:53,318 Director Hay flee here. 12 00:20:53,318 --> 00:20:57,389 Director Johnson here, director Jorgensen present. 13 00:20:57,389 --> 00:20:59,157 Director not pack them here. 14 00:20:59,157 --> 00:21:04,629 Director rule. 15 00:21:04,629 --> 00:21:32,190 >> All 7 board members present and in attendance, albeit director rules remote. Please join me as we observe a moment of silence. Director Can you please make the motion to adopt the agenda? I move that the board of education to adopt the agenda as presented 16 00:21:32,190 --> 00:21:51,276 second. Moved and seconded before call for a vote. I would like to move to amend the motion to adopt the agenda as presented by adding an additional topic for executive session. Specifically legal advice as per CRs. 24 Das Dash 6 Dash 4, 0, 2, 4, B 17 00:21:51,276 --> 00:22:06,825 particular matter. Employee complaint years, both for the public in for my fellow board directors. Here is an explanation of what I'm asking for. We have had and I will be extremely blunt, a bit of a media circus in the last 24 hours. I have board directors 18 00:22:06,825 --> 00:22:21,439 speaking to the media without notifying district communications. I have board directors who are making statements of their own and board directors who are indicating that they still have questions that they did not get answered. And so I have already checked with 19 00:22:21,439 --> 00:22:36,354 legal counsel. Legal counsel is standing by and I'm proposing that the board had this to the agenda to give us an opportunity to talk about it again tonight in executive session and get those questions answered. This because it is a add addition 20 00:22:36,354 --> 00:22:51,168 to the amendment in a special meeting. This is going to require a unanimous board vote. But I want to be very, very clear if you vote no, I am giving us aboard the opportunity to get back in with legal counsel and get your questions answered. So 21 00:22:51,168 --> 00:23:05,717 understand what a no vote means. A no vote means I'm giving the board an opportunity to talk. And you are saying that you do not want to I will need a second, but that is my motion. Second moved and seconded. Ms Olsen roll Call, please. 22 00:23:05,717 --> 00:23:21,466 ♪ >> Dr Back apartment. This is this has been in the last 30 minutes. So I am prepared to say, yes, no. Director, Kari. 23 00:23:21,466 --> 00:23:34,512 Director, Hay Flynn by Director Johnson. Director Jorgensen. I director Mel I director rule. 24 00:23:34,512 --> 00:23:43,087 >> The motion has failed and I would like the record to show that I gave the board an opportunity to convene in executive session to receive legal advice and directors, Baca Barlett and directors. 25 00:23:43,087 --> 00:23:47,559 Johnson. We're not inclined to get into executive session to talk any further about it. 26 00:23:47,559 --> 00:23:48,893 That is your pro privilege. 27 00:23:48,893 --> 00:24:01,106 But I would like the record to show that very clearly we will now vote on the main motion motion to enter into executive session. Ms Olsen Roll Call, Please. I'm sorry. Was the motion to adopt the agenda make the motion? Thank. You know, we already moved 28 00:24:01,106 --> 00:24:08,380 seconded it so now we are. We voting on the motion to adopt the agenda as presented Ms Olsen Roll Call, Please. 29 00:24:08,380 --> 00:24:14,085 >> Director Buck a violent. To move into executive session to adopt the agenda as presented. 30 00:24:14,085 --> 00:24:35,306 I. Director Kari, I direct or he flee. I director Johnson, Dr Jorgensen. I director not pack them. I director >> The ayes have We will adopt the motion. We will adopt that motion. Meaning we are approving the agenda as presented the first item on 31 00:24:35,306 --> 00:24:41,312 the agenda tonight is executive session. Director Hay flee. Can you please make the motion to move into executive session? 32 00:24:41,312 --> 00:24:56,995 >> It's a move that the board of Education convene in executive session to discuss legal advice, Percy Rs. 24 Dash 6 Dash 4, 0, 2, 4, B particular matters. The district's involvement in federal litigation and related legal proceedings and employee 33 00:24:56,995 --> 00:24:59,698 dismissal process. Second. 34 00:24:59,698 --> 00:25:04,069 >> Moving seconded missiles and roll call, please. 35 00:25:04,069 --> 00:25:14,379 >> Director Buck apartment. I Director Kari, I director he director Director Jorgensen. I direct I director rule. 36 00:25:14,379 --> 00:25:21,986 >> The ayes have it. We will reconvene in executive session. I'm anticipating something on the order of 90 minutes, but I am not certain. 37 00:25:21,986 --> 00:25:34,265 So we will see everybody downstairs in just a few moments. And director role will make sure that the tech handoff goes smoothly so that you're there with us downstairs. Thank you. All right. We'll see everyone downstairs. 38 00:25:34,265 --> 03:24:54,482 ♪ ♪ ♪ >> And ♪ ♪ ♪ >> I actually don't know if any did the governor. We have returned from executive session and we will reconvene for this public special meeting at 07:00:08PM, based on discussion downstairs, there may be a need to modify the agenda. I move. And so 39 03:24:54,482 --> 03:25:09,329 just for the board's clarity, you all have new print outs for the rest of the special meeting tonight. There is the motion that I'm about to make up. Talk everyone through it in just a moment. But as a reminder, this will be the second and the need to be 40 03:25:09,329 --> 03:25:27,480 unanimous. And then depending on how that goes there may or may not be an action item. As discussed. We will begin with board discussion on that item and then you'll see a variety of different motions. We provided the language to everyone so that, you know, at 41 03:25:27,480 --> 03:25:38,292 the appropriate time, anyone can make any of the 3 motions that they desire. So I move that. We had an action item. 42 03:25:38,292 --> 03:25:44,397 Do you one? To the agenda? 43 03:25:44,397 --> 03:26:05,586 Undersea are asked. 22 Dash 6, 3, dash, 302, related to case number Z be 2025? Dash 0, 0, 0, 1, Give viewers. Moved and seconded. Ms Olsen Roll. Call, please. 44 03:26:05,586 --> 03:26:22,369 >> Director Baca Bartlett. I director Kari, I. Director he I. Director Johnson. Director Jorgensen. I director not I director rule. I. 45 03:26:22,369 --> 03:26:40,554 >> The ayes have it. That is unanimous. So we will be adding action item D one to the agenda. I will talk everyone through. That's when we get there in about another 620 seconds. Please stand and join me in the Pledge of Allegiance. I pledge 46 03:26:40,554 --> 03:26:45,526 allegiance to the flag of the United States of America. 47 03:26:45,526 --> 03:26:57,504 >> And to the Republic for which it stands. One nation under indivisible, with liberty and justice for all. 48 03:26:57,504 --> 03:27:01,841 >> That brings us to the action items up on our reconvening in public session. 49 03:27:01,841 --> 03:27:14,388 The board voted unanimously to add an action item to tonight's agenda. Before we begin with that action item, I have a little bit of context, mostly for the interest of public who are watching. So. 50 03:27:14,388 --> 03:27:20,094 >> What we are dealing with tonight is a tax, a case that the board passed to resolve. 51 03:27:20,094 --> 03:27:33,774 >> I'm not a lawyer, but I'm gonna give just a brief overview of how tech to works because we haven't done this in a while. The last time this board UK to detect a case was getting on towards the year ago. So teachers in the state of Colorado have very robust 52 03:27:33,774 --> 03:27:43,217 protections in state statute for how dismissal proceedings have to operate and have to be adjudicated at various levels. 53 03:27:43,217 --> 03:27:59,567 The basic way this works is that when administration believes that they have some appropriate case for dismissal of a teacher, they. Conduct all of their own internal deliberations and fact-finding and, you know, maintaining the record and whatever it is that 54 03:27:59,567 --> 03:28:09,343 that, you know, the executive officers do, and then they simply come to the board with a recommendation to dismiss. 55 03:28:09,343 --> 03:28:25,559 The board does not see the reasoning. The board does not see the record. The board simply gets the recommendation. And I'll explain why. That isn't just a moment. So this occurred late last year. The board received a recommendation from Superintendent Call for 56 03:28:25,559 --> 03:28:26,226 dismiss or dismissal of Dr. 57 03:28:26,226 --> 03:28:45,345 Give years. The board acknowledged that recommendation. That is all that the board it. At that point, the matter then moves to a hearing office up in Denver, where lawyers from the teacher's side, lawyers from the district side going and present evidence, present 58 03:28:45,345 --> 03:29:01,161 arguments and the hearing officer basically tries to compile everything into a statement of a series of factual statements about what actually happened. The hearing officer that also makes a recommendation and provides a certain amount of analysis. 59 03:29:01,161 --> 03:29:14,141 The board is then given those findings from the hearing, officer and asked to do one of 3 things the board can either votes to retain the teacher. 60 03:29:14,141 --> 03:29:24,451 The vote board can vote to retain the teacher with a probation. And the board has some latitude to define what that probation entails and the board can vote to dismiss. 61 03:29:24,451 --> 03:29:38,298 Those are the those are the 3 options and what the statute is basically designed to do here is to have the board operating as a sort of appellate court. So the board is not set up to be a fact-finding entity by state statute. We're not good at 62 03:29:38,298 --> 03:29:58,118 that. That's not our lane. The board is basically given a series of findings of fact and told you now have to make the ultimate judgment call as to what conclusions to draw from these findings. Of fact. Late on Friday, the board received the report from the hearing. 63 03:29:58,118 --> 03:30:17,170 Officer and then early this week we received a request from Dr. Give that the actual that she, you know, was going to wave. Her own kind of privacy considerations and wanted the discussion to take place in public session. So what has happened so far is 64 03:30:17,170 --> 03:30:30,651 that we convene in executive session to ask legal advice, as you can imagine, this is a process that boards do not undertake a very frequently boards want very much to make sure that they are not violating state statute that they are not violating First 65 03:30:30,651 --> 03:30:45,132 Amendment, that they're not violent problem. Things of that nature. And so we had a number of questions that we had to get answered from legal counsel the rest of the deliberation and the rest of the discussion. However, we did not do because we are we 66 03:30:45,132 --> 03:30:56,510 are required to honor Dr Taylor's request for that to take place upstairs in public session. So at this point, I'm going to turn it over to the board for that discussion. 67 03:30:56,510 --> 03:31:11,491 Again, there are at the end of the day, here are 3 options and there are 3 motions that the board could make. The board could moved to and votes to dismiss Dr Giver. The board could move and boats to retain with the probation. If there are any probationary terms 68 03:31:11,491 --> 03:31:17,497 that the board feels the need to specify, we can do that or the Boogie Board can move and then votes to retain Dr. 69 03:31:17,497 --> 03:31:35,214 Tiller. That's how we got here and I will turn it over to the board in just a second. One last thing I want to be clear on I I've been clear on this all year, but I expect media inquiries. And so I'll just say public. I don't allow public comment on track to 70 03:31:35,214 --> 03:31:52,131 cases. And the reason is that the board is explicitly tasked with acting as a a pallet oversight body of sorts from the findings of fact in the hearing officer's report. That is the only place we are allowed to ground. Our reasoning and we are not 71 03:31:52,131 --> 03:32:07,714 allowed to add in findings of fact, to that record, we are not allowed to draw conclusions based on things that are outside of that record. And I am unwilling to put my board in a position where they, you know, here a bunch of things that they are 72 03:32:07,714 --> 03:32:21,528 then not allowed by state statutes to make a judgment on. Both boards in general, our public comment because as we're making decisions, whether that's policymaking were voting on X, Y or Z or financial decisions, the input of the public is very 73 03:32:21,528 --> 03:32:34,608 important to how we deliberate things and how we consider things in the judgment calls that we make. But this is a rare place in state statute where the state has told us you are only allowed to consider these things from the hearings. Officers findings 74 03:32:34,608 --> 03:32:52,759 and nowhere else. Hence, this is a place where the board actually not only. Does not need public comment, but can't really act on it. So I hope that clears up some things with that. I will turn it over to the board for any discussion. And again, at any 75 03:32:52,759 --> 03:33:06,739 point board directors, you can make one of those 3 motions motions will require a second on all judge, whether we need additional discussion and then they will require a majority vote. And if we you know, if we don't have majority vote on the first motion, we'll just 76 03:33:06,739 --> 03:33:18,652 keep making motions until we All right. Over to board. yes, thank you. 77 03:33:18,652 --> 03:33:31,565 >> In the findings and we There was a statement about there was a new policy that came out in September on social media. And I'm not sure who can answer this question. 78 03:33:31,565 --> 03:33:46,713 But when the employee handbook was updated after employees had already completed their annual acknowledgment, what process to the district have in place to notify employees of substantial substantial changes and document that they had understood them. Basically 79 03:33:46,713 --> 03:34:04,197 what's the tracking system? I know there was e-mail that went out, but we weren't on the board yet. Who would know the answer to that? Those that were on the board. 80 03:34:04,197 --> 03:34:19,012 >> Director MoPac windy have this discussion several board members where be on the board at that point in time, Man, Superintendent Paul or any of administrative team can so jump in. I'm trying to recall asbestos possible Monday employee handbook discussion 81 03:34:19,012 --> 03:34:42,102 place. The information that it the boat discussing at the time when the employee handbook was put into place was changes to the employee handbook would be communicated that the board spent okay along with the employees. I would have to that the 82 03:34:42,102 --> 03:34:45,405 superintendent ban took effect place. 83 03:34:45,405 --> 03:35:00,553 >> I am not a lawyer. is not clear to me whether under the rules of talk to the superintendent can answer this question at this time because, yeah, heard just seeing in the military when there's a new policy that comes out, I would have to go You have to sign 84 03:35:00,553 --> 03:35:05,725 and I just wonder what would actually do for up on that? 85 03:35:05,725 --> 03:35:14,801 >> What was the process for him change? So this employee did something that supposedly violated the social media policy. It changed. 86 03:35:14,801 --> 03:35:26,779 >> And then she says, well, I wasn't notified of it. There's an email that came out. So was there a requirement for employees to really acknowledge or sign him book after the policy change is that, you I cannot speak to on number, having that 87 03:35:26,779 --> 03:35:31,184 conversation and maybe. 88 03:35:31,184 --> 03:35:43,497 >> Mr. Hyti can comment on fact all I could remember from book conversations the transition happen from the master agreement that the employee handbook was. We have a committee in place too to come and changes to the employee handbook. But those 89 03:35:43,497 --> 03:35:51,271 changes if it takes place, would also be communicated that the board and the employees in a timely manner. 90 03:35:51,271 --> 03:36:08,622 >> Thank you, Suzanne, to hurry. And that may be. But the problem is. Even if there was a policy unless it's incorporated into this opinion, you can't consider it. The only thing that the board may consider in their deliberations for the findings 91 03:36:08,622 --> 03:36:22,335 of fact that are actually in the administrative law The findings say that there was an e-mail sent out. Exactly. We don't know if employees read it. If there's a read receipt, we don't know if they do. If they want to think that we did. You do not that. You know 92 03:36:22,335 --> 03:36:29,476 that e-mail was sent. you know thank you's were sent. 93 03:36:29,476 --> 03:36:41,187 >> Well, and we also know that's what Kuz Dr. It's in the findings of fact that Dr Get Dealer had a social media post explicitly calling out thank you's discussing the document like we do know that >> think used. But I wasn't on the board. I don't know if the 94 03:36:41,187 --> 03:36:54,134 accuser the same thing as a policy change. There's just missing information for new word members. That's our finding of fact, number 9, the FAQ, it's a little tires to the change. The employee handbook. Yeah, but I think the point is you can only 95 03:36:54,134 --> 03:36:55,202 consider. 96 03:36:55,202 --> 03:37:09,583 >> So you can debate back and forth what in the F accuse but you can't bring in new information but we weren't allowed to see the fake So it is a difficult time. Well, you can. You can debate back and forth whether or not the e-mail was notice whether or 97 03:37:09,583 --> 03:37:24,064 not accuser notice you can debate back and forth whether there was no tents. Okay. You cannot bring in new You can see the moment can see the FAQ. So all we can see, in fact, number 9 is that there was e-mail sent out. With the change, the social media. And 98 03:37:24,064 --> 03:37:42,983 that's it correcting can have to decide whether that is notice under the insubordination. Ok? Thank you. 99 03:37:42,983 --> 03:37:49,356 » Director ruled you have any other things to add or director MoPac you have any other things Otherwise I'll continue to wait for board directors to chime in. 100 03:37:49,356 --> 03:38:00,200 Director. about that. 101 03:38:00,200 --> 03:38:16,649 >> I have reviewed the findings of the hearing officer that were signed September 18th and provided to this board member. On the evening of Friday, September 18th. I agree with the findings of that insubordination, neglect of duty good and just cause have 102 03:38:16,649 --> 03:38:40,440 been. Proven. Be interested hear from my fellow board members. Anything that they found that that would go against that. Directors or consent. 103 03:38:40,440 --> 03:39:01,994 >> I'd be happy to share some of my thoughts. I see a few. I see a few pieces within the facts of findings that show insubordination and intent to in fear interfere with the functions of the district particular surrounding around strike. I find that fact. 32 104 03:39:01,994 --> 03:39:06,766 discusses Aleve letter that Dr Gill refused to sign, but it was also read aloud to her. 105 03:39:06,766 --> 03:39:23,950 That leave letter specifically mentions no contact, no discussion on this matter while being on paid administrative leave. Findings of fact. 43 be and 44 E do present that she made a decision to step up to the megaphone on that evening's protest to speak later 106 03:39:23,950 --> 03:39:37,964 confirming in 46 at a family and student were present. And in fact, 72 that she knew and understood the rules for communications. For guys over to purpose to engage on TikTok and other media platforms are intent was to get on and share information, including 107 03:39:37,964 --> 03:39:53,346 disparaging remarks of existing policy. No matter how it was presented to potentials. Subs, substitute teachers in that case, Central has been covered tech center and referenced effect 23. Her 3 and a half minute video which she goes through the Q A 108 03:39:53,346 --> 03:40:07,594 or the FAQ that see that. In fact, 9, she mentions. Excuse me. She. Substantiate that she violated FAQ protocol. In fact, finding 13 with her communications on the strike. 109 03:40:07,594 --> 03:40:17,637 This is the quote that think you said refrain from posting inappropriate content on personal social media channels, particularly those that Liz Carr Springs School District 11 as an employer. 110 03:40:17,637 --> 03:40:29,682 This includes but is not limited to threats, obscene or vulgar content, cyber-bullying, racist or discriminatory statements, defamatory statements content content that materially disrupted school environment or interferes with the delivery of educational 111 03:40:29,682 --> 03:40:44,764 services. So I will focus in on that defamatory statements and content that materially disrupted school environment or interferes with delivery of educational services. In that video. And the fact that shows that she was encouraging students not to come to school 112 03:40:44,764 --> 03:40:54,474 that day. She directly spoke to promote keeping students home from school interrupting and disrupting the normal function of the district. 113 03:40:54,474 --> 03:41:06,686 Fact. 66 season, it wasn't her intent, but we see that her actions did disrupt the learning environment. She later makes do have the spirit marks of existing district policy. I actually think it was that same video later in the video in our district 114 03:41:06,686 --> 03:41:24,003 about the checklist that we were sending out to substitutes and Central Avenue are going to be considered to be helping that day. That that was refuted. I in my opinion, by fact, 25 where HR Ms Harris Santa that checklist and noticed a central am and those 115 03:41:24,003 --> 03:41:41,287 helping for the straight guy was ordinary business of referencing established policy. Not that we're considering people incompetent to do a job, but that it was establishing already in place policy. Well, I see these as grounds for dismissal in my 116 03:41:41,287 --> 03:41:54,300 personal view. I understand that my position to dismiss or does not have the votes by my fellow board members. So I will vote appropriately. 117 03:41:54,300 --> 03:41:54,967 Director Johnson, 3 things. 118 03:41:54,967 --> 03:42:10,783 The first ones, 6.11 >> And 3001.7 media relations, the handbook states and relevant part, the district respect individual freedom of staff under the First Amendment to express personal opinions and you action and policies also recognizing that 119 03:42:10,783 --> 03:42:13,486 the district is responsible. 120 03:42:13,486 --> 03:42:25,198 official comment on matters regarding the district. The 2nd half here. It's from Section 12 on September 12, 2025 principal. We'll sent an email to call the staff. 121 03:42:25,198 --> 03:42:40,646 Explain his position. The teacher strike. Here's what I stand and what I expect staff members in our building, teachers and staff. Teachers inspections. Service providers are welcome. To have every right to participate in the strike on October. 8th. You 122 03:42:40,646 --> 03:42:55,461 are welcome to and have every right to come to work and not participate on into grief. I will not tolerate anyone economy, making them feel less than or separated from team because of them because of their decision. You are not required to share the reason 123 03:42:55,461 --> 03:42:57,230 that you choose to strike. 124 03:42:57,230 --> 03:43:13,679 We're not to. The reality is that our schools as teachers with various opinions in various situations in life that we can P impact each individual's decision and then needs to be respected district striking person opinions for or against it. I the 125 03:43:13,679 --> 03:43:32,365 curriculum and should not be students face and conversations. And then it talked about section 20. The 2 can complain continue to check list doing expect to conduct a response movies for point Central Office personnel. The checklist was derived publicly 126 03:43:32,365 --> 03:43:47,713 available district policies while the checklist was not included as part of the record. point social media that the check was contained listed informing central offices They could not engage in variety of behavior with students as such is engaged in 127 03:43:47,713 --> 03:44:03,429 inappropriate physical contact. For second run to tobacco. This includes vape devices to improve your room in 2 years center just be alone with a student on closed doors, have contact with the student sight of the school phone calls, text messages, 128 03:44:03,429 --> 03:44:09,702 emails, social media, etc. And I were participating in inappropriate conversations. 129 03:44:09,702 --> 03:44:17,076 Putting Central Communication conduct, inappropriate language, inappropriate jokes and then looking through case and it was well put together. 130 03:44:17,076 --> 03:44:33,326 Great evidence was provided using my decision that we're a team. Doctor, Goodwin, that's for you to keep her position as a 5th grade teacher and to adopt the findings and conclusion the ministration law judge. 131 03:44:33,326 --> 03:44:41,734 >> I can go unless anyone else would like to you. Of fact. 132 03:44:41,734 --> 03:44:56,282 I'm going to provide some context and provide some passionate as to where my mind is life Kerry talked about. We got can devise downstairs. 133 03:44:56,282 --> 03:45:17,069 I've thinking about that stat action. I'm going go in decision that's in front of the book. keep a lot of talk to it and I don't know which actionable colleagues are going to completely go this topic. So the such as my individual thoughts on it and 134 03:45:17,069 --> 03:45:41,260 I want to provide some context as well as to how we landed in the situation. We did. Heating up the fact up to One the strike that announced, a bipartisan things. Education Association CCA. The Board of Education finding out about that one day strike the Board 135 03:45:41,260 --> 03:45:56,442 of Education, provide a action to the superintendent and that that action was to keep schools open wiper, prioritizing student safety and instructions. And this static would say it wasn't enough commitment our students and community and was guided 136 03:45:56,442 --> 03:46:01,247 by several key considerations. 137 03:46:01,247 --> 03:46:13,959 It was about students going to calendar. Has unlimited number of construction the space to do it. If we simply they've not there's missed instruction. Time is D*** to make those the student progress? And then secondly, beyond economics, many of 138 03:46:13,959 --> 03:46:32,612 students depend on our schools book critical to the support services, including nutrition counseling extracurricular activities. So we wanted to make sure that schools must open the they can do students if they need needed any one of those support services. And 139 03:46:32,612 --> 03:46:38,584 that the reason was closing schools based an unexpected Putin on working patterns. 140 03:46:38,584 --> 03:46:43,656 often have to scramble to find going to need to take. wants. 141 03:46:43,656 --> 03:47:00,940 So while unexpected circumstances like severe weather, a guy from the forced closures. The situation was manageable. So are there Foods detective superintendent was if we can keep our schools open safely, we have an obligation to do so. The 142 03:47:00,940 --> 03:47:05,745 paradise, the education and well-being of our students. 143 03:47:05,745 --> 03:47:25,797 Looking through ruling that came out and the it instead plus percent prior to the strike. The district provided employees with a comprehensive list you's climbing expeditions and conduct this guidance explicitly due to the that social media pulse 144 03:47:25,797 --> 03:47:42,148 committee to really disrupt the squid and environment interview with the Dignity of Educational Services are compromise. The safety of our schools and students. One advocate nice that Dr Given May not have intended 8 footer. Social media post 145 03:47:42,148 --> 03:47:58,697 Acosta McKee a disruption to operations and they flee respect to First Amendment rights expressing opinions on district issue. In my opinion about people's crossed by actively discouraging parents from sending their children to school on October 8 and 146 03:47:58,697 --> 03:48:13,845 inviting them to join at the picket line. What actions dedicate conflicted with the district's operation of mandate from the board and the mission and vision of the districts. In addition by Lucian, something no contact detective, that's with that. 147 03:48:13,845 --> 03:48:16,983 administrative leave a code. 148 03:48:16,983 --> 03:48:37,336 Having said interviewing ruling from the administrative law, judge. The port kind of prices, 7 of these attractions, mystical insignificant part of behavior that do not water, the this muscle and the judge also mentioned that the district did not need. Our to meet its 149 03:48:37,336 --> 03:48:55,955 burden of showing the employee was insubordinate. So considering the intent, but that this case, including the nuances of the employee handbook, revisions and effectively those a communicate staff. I am leaning towards a balanced resolution as the time getting 150 03:48:55,955 --> 03:49:06,598 to put stating employee on the said he says with the explicit guidelines providing to the superintendent regarding next steps and future expect Asians and my appropriately reflect. 151 03:49:06,598 --> 03:49:17,276 Thank you. Okay. I'm happy to go next time. 152 03:49:17,276 --> 03:49:20,646 >> All I'm going to be a little long-winded as is my. 153 03:49:20,646 --> 03:49:35,227 Tendency at this point. And I know I see that we have some people with the media with us tonight. So there's a couple of points on kind of a meta level that I want to make as well, which is also my tendency at this point, the findings of fact, say that 154 03:49:35,227 --> 03:49:52,244 there were 457 of the district's teachers absence during the teachers strike. We are here tonight to make a ruling on one and only one tech. The case. So I'm saying this to you media, if you run that this is in response to the strike, you are not 155 03:49:52,244 --> 03:50:00,386 telling the truth. 456 teachers were absent. We are dealing with one single tech. 156 03:50:00,386 --> 03:50:13,732 The case. Teachers have a right to strike, period. Dot teachers executed that right to strike and we are not seeing them at the dice tonight. We are only seeing one tech, the case. So I'm just telling you if your story includes anything at all about 157 03:50:13,732 --> 03:50:33,686 how this is a dismissal or this is a case because of a teacher's participation in the strike. You are lying. Just want to say that further. I also am perfectly content to accept a number of findings and the fact that are favorable to Dr. Give lure. 158 03:50:33,686 --> 03:50:38,691 I'm I'm completely willing to accept that she has, you know, excellent performance reviews. 159 03:50:38,691 --> 03:50:55,674 I'm completely willing to accept that she has, you know, a good relationship with the students in her class. But here's but here's the problem for me. The specific finding of fact I find troubling is again, the social media post that contains advocacy. 2 160 03:50:55,674 --> 03:51:16,962 parents to not bring their children to school in support of a teacher strike in support of what is what is essentially a political action. And so to me, this still constitutes insubordination that constitutes neglect of duty because you are once again. 161 03:51:16,962 --> 03:51:29,875 Materially. We have we have a reasonable expectation that if you advocate on social media to parents to not bring their kids to school and we know from the record as well that several parents, you know, did did observe that there's a reasonable expectation that 162 03:51:29,875 --> 03:51:41,454 that is going to have an impact. That action also damages trust between parents and the district. And so I believe that a teacher. 163 03:51:41,454 --> 03:51:56,202 Publicly advocating for parents to stay home keep their kids home. In support of a political action. I believe that constitutes insubordination. I believe that constitutes neglect of duty. And I believe that falls under other good and just cause I am not persuaded by 164 03:51:56,202 --> 03:52:11,584 handbook. Argument. Timing because we also know from the record of fact that Dr given or made a video referencing the SFA cues and referencing the communication that was sent by the district in the aftermath of that strike. So we know she was aware of those 165 03:52:11,584 --> 03:52:32,004 documents. Again, just to sum up the the hearing officer's findings of fact that are of most interest to or that a teacher deliberately urge families not to send their children to school. In support of a teacher strike. And so however, the motion gets made, 166 03:52:32,004 --> 03:52:50,956 I will be voting in accordance with Director consent. Let's make a motion. 167 03:52:50,956 --> 03:52:55,294 >> allow us to keep talking. 168 03:52:55,294 --> 03:52:59,464 >> You can we you know, we can make a motion. People can keep talking like it will. It's just Robert's rules of this point. 169 03:52:59,464 --> 03:53:20,052 >> That's going to force a vote event. You have anything else, something. Yes. you know, >> all right. I think we're trying to give this is as much of a fair and balanced look as we can. And I find this incredibly frustrating and I ran for school board because I 170 03:53:20,052 --> 03:53:33,932 care deeply about kids. And I want to spend my time improving academic achievement, expanding opportunities and helping our students grow. It's frustrating most most of our time has been consumed by adults employee behavior. I also want to be clear that I 171 03:53:33,932 --> 03:53:44,643 found some of Dr Killer of years behavior deeply disappointing encouraging parents to keep their children home from school is difficult for me here on October. 8th our schools needed help. I volunteered as a substitute teacher because kids belong in 172 03:53:44,643 --> 03:54:00,859 school. But our responsibility tonight is to make a decision based on the findings before us. I'm struggling with a handbook issue. The social media provision was changed after Dr. Tiller veers acknowledge the handbook the September 15 FAQ did quote 173 03:54:00,859 --> 03:54:07,365 language. But the LG ultimately found the district failed to establish that she had actual notice of the amendment, although it seems like it was in a TikTok video. 174 03:54:07,365 --> 03:54:21,981 We haven't seen. I wish we had required employees to acknowledge stance of changes and hopefully fix that going forward. We also take seriously that she was directed not to enter district property later stood on district property during the 175 03:54:21,981 --> 03:54:33,726 vigil, even though the ALJ consider that violation technical in trivial and she claimed it was an accident. I also not believe we should simply act is nothing happens. 176 03:54:33,726 --> 03:54:46,204 Professional judgment matters following district directives matters and keeping kids in school matters. The Colorado law gives us a middle option the year of probation. And for me that provides accountability without ending her career completely. Perhaps 177 03:54:46,204 --> 03:54:49,208 you could learn like our children to have respect. 178 03:54:49,208 --> 03:55:04,589 Based on the record before us, I would support a year of probation. 179 03:55:04,589 --> 03:55:15,768 » Waiting for either another, mike to turn on or for someone to make a motion. Directors or consent. 180 03:55:15,768 --> 03:55:31,517 >> Make the motion. I move that the board of Education dismiss Dr. Give of years 4 insubordination and neglect of duty in accordance with current revised statute. 22 63 3, 0, 2, 2, and director attorney to draft the findings and conclusions on behalf of 181 03:55:31,517 --> 03:55:36,055 the board. Second. 182 03:55:36,055 --> 03:55:52,905 >> Moved and seconded missiles and roll call, please. So the motion on the floor is the motion to dismiss Dr given to the crime. 183 03:55:52,905 --> 03:56:03,215 >> Director Buck apartment Director. Kari, I. Director Hay flee. No. Dr. Johnson. 184 03:56:03,215 --> 03:56:09,855 Director Jorgensen. I director know. Director rule know. 185 03:56:09,855 --> 03:56:43,388 >> The noes have it. That motion has failed. All the mikes are alive. So if anyone wants to make I like to make a motion. Okay. You want to go ahead. First. You The I move that the board of Education retains Dr. Give advice and adopt the findings and 186 03:56:43,388 --> 03:56:56,535 conclusions of the administrative law. Judge. So it So this is a motion on the So again, just to be clear, there's a retain with probation. And there's just a pertained. This is a motion to retain adopt the findings of the administrative law judge 187 03:56:56,535 --> 03:56:59,171 doesn't move. That has been seconded. 188 03:56:59,171 --> 03:57:05,511 >> Olsen roll Call, >> Director about the violent. 189 03:57:05,511 --> 03:57:17,422 I Director Kari know Director Hay know. Director Johnson. Dr Jorgensen directional know director rule know. 190 03:57:17,422 --> 03:57:39,344 >> And those have of this motion has failed as well. I go ahead and make the motion I move that the board of Education pleading to confirm giving years with one year probation and that did not do need to craft a finding some contusions on behalf of the 191 03:57:39,344 --> 03:57:41,380 boat with peace treaty comes. 192 03:57:41,380 --> 03:58:09,341 ♪ Moved and seconded. Given that. We have seen the other 2 motions failed and given that there's a motion left, I I would like to hit pause just for a moment for the board to discuss what probationary terms, if any, we want to put in the in the motion here. And 193 03:58:09,341 --> 03:58:17,683 if I don't hear any, will just call the vote. 194 03:58:17,683 --> 03:58:44,576 >> And this is more of a question. What do we do? And someone needs communication and respect training for staff. Is there E remedial training modules or something like that. Going to buy a Director. can't buy. It's us. 195 03:58:44,576 --> 03:58:51,283 >> So as in our last >> probationary order, we did. 196 03:58:51,283 --> 03:58:59,258 I mean, those kinds of things exist. And what we did was direct the superintendent to. 197 03:58:59,258 --> 03:59:08,800 You know, appropriate training and placed a teacher and inappropriate location, you know, as per their discretion sort of that kind of you can. 198 03:59:08,800 --> 03:59:15,140 You can talk about what sorts of things you would like to see and maybe gives superintendent that direction. 199 03:59:15,140 --> 03:59:26,785 And then the final order can be. Include some of those preferences and then ultimately would be up to superintendent place direct Okay, thank you. 200 03:59:26,785 --> 03:59:33,325 >> be interested to hear the rest of the board had ideas about communication, media behavior reading handbooks. 201 03:59:33,325 --> 03:59:39,464 Respect in front of parents following directions. Setting a good example for children. 202 03:59:39,464 --> 03:59:46,070 I'm yours. Director Johnson. 203 03:59:46,070 --> 04:00:04,623 >> Yeah, agree with him, but I think needs to be through process of mention only the folks involved in these situations with everyone as support staff and education district are up to date with all the stuff going through. 204 04:00:04,623 --> 04:00:26,278 restrict turn from not keeping her original position if are asking for probation, offering any other. Opportunity, I guess for them too. 205 04:00:26,278 --> 04:00:35,754 » So if you send it back to the discretion of the superintendent. At that point. 206 04:00:35,754 --> 04:00:36,688 Kind of opens up the record. 207 04:00:36,688 --> 04:00:52,170 So let's say like in the last case we had, we thought there might be issues putting that individual back in the same school because that's where the complainant was. So the superintendent could look at things like that. You cannot. 208 04:00:52,170 --> 04:01:03,215 If the person is on probation, you cannot make demote them or reduce their salary in any way that the superintendent would have the ability to place that person a similar. Position. 209 04:01:03,215 --> 04:01:24,002 But it would be up to the superintendent. Directors or consent. I believe director roommate some good recommendations for superintendent on his team to consider. 210 04:01:24,002 --> 04:01:27,706 >> I'd like to see some respect forward. Please. 211 04:01:27,706 --> 04:01:31,777 Potentially in review policies on. How to communicate with. 212 04:01:31,777 --> 04:01:35,580 Colleagues in the general public given her position. 213 04:01:35,580 --> 04:01:37,416 Outside of work. 214 04:01:37,416 --> 04:01:48,727 Participation. 215 04:01:48,727 --> 04:01:58,970 >> Any other thoughts or comments from the board before a call about? 216 04:01:58,970 --> 04:02:27,165 >> Right the motions stands terms. anyone wants to be more specific time to standings, you motion to licenses to be ♪ >> I will invite anyone to make a motion with specific probationary terms. Otherwise I don't hear something. I will call the vote. This is a 217 04:02:27,165 --> 04:02:47,419 question. Is this worth going back to the 3 allegations and using those categories for training. Insubordination training. I think the board has pretty wide latitude to define the probation or terms how thinks is appropriate. I Legal counsel can recur EOC me 218 04:02:47,419 --> 04:02:57,562 if I'm wrong, but you are also capable of kind of dropping a final order based on your observations of the conversation here, right? Like we don't need to specify. 219 04:02:57,562 --> 04:03:00,565 >> Each and every single thing necessarily like you could. 220 04:03:00,565 --> 04:03:01,732 This is on the public record. 221 04:03:01,732 --> 04:03:15,313 You can see what we're talking about, right? So the final order much like last time we come out it would go through the findings of and then it would. 222 04:03:15,313 --> 04:03:33,198 >> Adopt the motion that you've made and then essentially. List maybe some of the things we talked about, communication training placement at the discretion of the superintendent. 223 04:03:33,198 --> 04:03:45,209 >> All right. Seeing no further comment. Missiles in that roll call, please. And the most to clear, the motion on the floor is we move that the board of Education retains Dr. Give of years with one year probation and director attorney to draft the findings 224 04:03:45,209 --> 04:03:50,148 and conclusions on behalf of the board with probationary terms. That's awesome. Roll call, please. 225 04:03:50,148 --> 04:03:56,354 >> Directed back of I Director Kari know. Director he flee. 226 04:03:56,354 --> 04:04:07,532 Director Johnson knew. Dr Jorgensen. No. Director I director rule. I. 227 04:04:07,532 --> 04:04:21,780 >> By my count, that is the ayes have it for. So the so we will be retaining Dr. Give of years with a one year probation and our attorney will draft the findings and conclusions on behalf of the board with probationary terms. 228 04:04:21,780 --> 04:04:34,458 That closes it out for action items for tonight. We have won 9 action item. We have a revision of the series policies we had put these on diligence for the public eye. 229 04:04:34,458 --> 04:04:50,508 If you remember way back, I believe on August 19th and since in that time staff of had a couple of revisions that they have wanted to make. And so we are putting these policies back in on action to again, kind of put those updates into the consideration 230 04:04:50,508 --> 04:05:03,555 process, put them in the board's hands, put them in the public hands. I'm gonna say something very similar to what I said on August. 19th. I am not expecting any substantive discussion of the series at all. The only purpose of putting them is not action 231 04:05:03,555 --> 04:05:17,802 tonight was to get them into the public record and get them into the board's hands in an official capacity. We will Doody series this the same way that we have been doing other policy work. We will put them in a work session for detailed board review and discussion. I 232 04:05:17,802 --> 04:05:37,622 do not yet have a timeline as to when that might be the board's expectations and instruction to me moving forward was that we pivot to discussing strategy and policy ad before we finish off Al Series and so the series is is not. Has not even incident 233 04:05:37,622 --> 04:05:40,258 entered into our minds and agenda setting at this time. 234 04:05:40,258 --> 04:05:53,271 But I will turn it over to Superintendent Gall if you as anything else he wants to add and then I will turn it over to the board. If you happen to have anything to say to >> Just for the record and point of clarification, the series did post back in 235 04:05:53,271 --> 04:06:08,319 August, but it posted in the long document where we had one PDF at a time and it didn't have the cover sheet since learning in Policy K series that we went into. We added the cover sheet process. We added the multiple folders online have red line versions, 236 04:06:08,319 --> 04:06:16,194 original versions and the proposed versions. So the the series is now posting in that same way that you became accustomed to at the K series. 237 04:06:16,194 --> 04:06:35,647 So just wanted to make that point that if you go back and you look at the August 19, this is now updated version that matches the process. We worked through Kate with. 238 04:06:35,647 --> 04:06:39,818 >> I do have one last motion tonight. It is a late evening. 239 04:06:39,818 --> 04:06:55,567 We had originally noticed a work session to consider policy ad and the L series my own personal judgment is that I don't know that anyone has the energy or enthusiasm to do so at this time. But it is scope is, you know, it has been noticed. It is on. It is 240 04:06:55,567 --> 04:07:10,114 on the schedule. But the board does have the option of postponing. So I move that the board postponed the work session scheduled to immediately follow the special meeting, including the discussion and consideration of polity policy ad and the L 241 04:07:10,114 --> 04:07:17,955 series Policy Review to a future date and time to be determined and properly noticed. Moved and seconded. 242 04:07:17,955 --> 04:07:30,167 This requires a majority vote only so if the board would like to reconvene the work session and get it you can, although no one will get to work. And if the board would like to call for the night, then you can vote yes. Olsen roll call, please. 243 04:07:30,167 --> 04:07:43,447 >> Director about Bartlett. I Director Kari. I director he flee. I Dr Johnson Director Jorgensen know. Director Mel director Rule. I. 244 04:07:43,447 --> 04:07:52,323 >> The ayes have We will postpone the work session scheduled immediately after this. And we will bring it back to the board on a future date and time. And we will, of course, notice everything. 245 04:07:52,323 --> 04:08:10,075 Seeing no further business. If there are no objections director could you provide some clarity as to next week's agenda? If we have a board meeting at this point in time? 246 04:08:10,075 --> 04:08:14,278 >> So I think we can talk about that in agenda setting tomorrow at the present time. 247 04:08:14,278 --> 04:08:29,327 I don't know if there's anything officially on the calendar. There have been a couple of requests that we've seen for a board retreat I I can put it back to the board and ask would you like us to attempt to schedule this work session as early as next week? 248 04:08:29,327 --> 04:08:42,807 I know some people may have potential plans. We can get you in on a webex. We can excuse it. I'm comfortable meeting next week at the work session. But curious to hear what the board would like to do. We cannot you can also just leave it up to join 249 04:08:42,807 --> 04:09:06,864 myself to work out an agenda setting. Director, talk about >> As policy ad. Is their mission statement as a DOT as as a district. And as I've been involved in missions stating Processees, in fact, in this very policy ad, I was involved in in 2018. I'm 250 04:09:06,864 --> 04:09:14,005 concerned about limiting the discussion to one session. 251 04:09:14,005 --> 04:09:20,444 >> We have never limited the discussion to only one work session. We have always then brought it back at the board's direction for non action. 252 04:09:20,444 --> 04:09:30,755 We've only brought it back for action at that time when the majority of the board has told me that they are comfortable with that. If the board would like to see it for non action once or indeed, not action to times which we've done with several our policies. We are 253 04:09:30,755 --> 04:09:38,830 certainly open to doing that. 254 04:09:38,830 --> 04:09:41,866 Director Jorgensen. 255 04:09:41,866 --> 04:09:47,539 >> I think the question was more of that meeting next week for retreat or a work session. 256 04:09:47,539 --> 04:09:55,547 I specifically planned a trip being the 5th Wednesday of the month. So I'm not going attend remotely or in person. So. 257 04:09:55,547 --> 04:10:01,619 We'll have you decide. That's world. 258 04:10:01,619 --> 04:10:15,133 >> Director MoPac and well and defer just couple of colleagues about the looks Jean, are any meeting that the book they have next week? But I am supportive of having a board retreat whatever point in time you on the agenda and before that retreat, this 259 04:10:15,133 --> 04:10:36,187 finalized, I'm happy to talk with you on what I would like to see on agenda for the >> So ever that Director Jorgensen isn't going to be their remote or otherwise. I'm not hearing strong feelings, therefore from the board one where the other is for 260 04:10:36,187 --> 04:10:49,333 scheduling. So vice president a plea, I think you and I can just talk tomorrow and think about what makes sense. And director Jorgensen, we were happy to excuse you. This is right. This this movement of the work session is something the board voted on tonight. So 261 04:10:49,333 --> 04:11:04,815 obviously, if you have plans, those plans are are except well, I will add a little bit more with the last 3 or 4 weeks. We've had several long beatings, that stuff. So if it's possible on the agenda take a peek detectives are considered said he's not not 262 04:11:04,815 --> 04:11:19,631 going to be hit any big. I'm supportive of that. Would you like me to contemplate putting a board retreat on September 30th or would you like to take September 30th off wholesale? 263 04:11:19,631 --> 04:11:35,613 If we are going to have a board retreat to be best to board member said in attendance, okay. I think probably vice president. We can talk tomorrow. But I think what I'm hearing, therefore, is will take September 30th off, period. If there are no 264 04:11:35,613 --> 04:12:13,384 other objections. This meeting will adjourn at 07:55PM. 265 04:12:13,384 --> 04:12:30,033 ♪ ♪ ♪