Board of Education
Special Meeting
Ottumwa Community School District
Evans Middle School
812 Chester Avenue
Monday, October 16, 2017
6:00 p.m.
I. Call to Order and Roll Call: President Leisa Walker called the meeting to order at 6:00 p.m. Members present were Director Granneman, Director Walker, Director Dalbey, Director Carpenter, Director Manson and Director Bittner. Vice President Barr was absent.
II. Declaration of Quorum & Adoption of Agenda: A motion was made by Director Dalbey and seconded by Director Bittner to approve the adoption of the agenda. Motion carried 6-0.
III. Welcome & Recognition of Visitors: President Walker welcomed the visitors. There were no visitors to speak.
IV. Discussion: Superintendent Kooiker asked attorney Drew Bracken to be available by phone to go over options and provide guidance on the legal aspects of international travel. Mr. Bracken stated the biggest decision is to decide if it should be a school sponsored trip or is it better to be sponsored by an outside organization or other entity. The reason is there is much more flexibility when operated with an outside organization, much less flexibility when it comes to operated by the school itself. The number one concern is how money is raised and expensed for these events. If it is a school related activity, there are many more constraints in expenditures. For just the money aspect, it has to be done as a joint process and funding itself managed by the activity fund or other special account set up just for these expenditures, and approved by the board; there can be no segregation of students from those who fundraise and for those who don't fundraise - it's for all students.
If school sponsored, the district will have to pay 100% to accommodate those with disabilities, accommodate those without means, provide paid staff for the trip and activity, be responsible for mishaps that may occur, have contingency plans for catastrophic events, if needed. If other members other than students want to travel, then the school cannot be responsible for third parties. The other groups (non-student) would have to be separately funded and expensed. Recent graduates or others groups traveling would be separate and the school district would not want to take responsibility. They would have to be separately funded and the district would not be the travel agent for those third persons.
Several board members asked questions throughout the meeting and Mr. Bracken provided responses to their questions. If third parties are using the same travel agency, they would have to be separate and ensure the agent knows the third parties are on their own with clear lines drawn. Mr. Bracken encouraged the district to work with the schools insurance agent and recommended additional coverage, along with anyone the district doing business with, such as the transportation company, hotel, event site, etc. have liability coverage. The attorney stated international travel has a whole new layer of risk and added layers of protection are needed. The attorney stated due to very recent guidelines/directives from the DOE, he suggests schools should not be applying money raised to segregated accounts but in total so students who raise more or less money would not be treated differently. If a fee is involved for programs such as uniforms, instruments and they meet certain criteria, then they would be offered free or reduced fees based on income, based on a formula from DOE. If a trip is curriculum based then a fee cannot be charged but if fees are charged and they meet certain criteria, then those fees would have to be waived. Mr. Bracken stated music boosters or a foundation would not be bound by school district's regulations and they would be responsible for the trip. A drawback if not through the district is every child may not have the same opportunity.
The attorney stated if the music boosters were responsible for the trip they may be subject to some expectations with students with disabilities but not as many restrictions as the school district. If it is not a school sponsored trip, the school would not have responsibility for the cost, liability or anything. The district can make the choice one way or another but you have to bear in mind the responsibilities that will come with making it a school sponsored activity versus a support organization taking that responsibility. If it is not a district related trip, you can’t use the district’s community programs director to help with writing grants. That would be blurring the lines which would not be a good thing. Lines need to be clearly respected and full responsibility or none. The attorney stated no doubt there would be some advantages if it was district sponsored, and a wonderful opportunity for all students but also responsibilities to go with that.
Troy Gerleman, high school band director, spoke to the board regarding the trip. He read the letter of special invitation he received for this honor. Mr. Gerleman said there will be no contracts for this trip until he received board approval. They are not collecting any money (deposits) at this time and will not do so until the contract is approved and signed. Mr. Gerleman started with band students, and with this golden opportunity, he reached out to orchestra students, along with French club students as well. There are four official performances planned, and if enough orchestral students wanting to participate, another one could be scheduled for Paris. If money goes through the school district, there will be a charge of 4% processing fee which increases the cost and the students are at the threshold of where students can pay.
There were questions regarding educational trips and what the differences were between educational versus this band trip. Superintendent Kooiker stated this will be something that will need to be looked into as well. Director Carpenter stated a (an international) board policy will need to be done. Superintendent Kooiker stated she had contacted the insurance agency to review the current insurance in regards to international travel but was still awaiting a response.
There were questions regarding the activity fund and deposit for fundraisers by Pam DeBoer and how procedures have been done in the past versus the recent DOE directives. Superintendent Kooiker stated that if it is an educational opportunity, then it has to be an educational opportunity for all students. Director Granneman stated the ruling by the DOE will affect more than just the band trip and the board will have to look at any trip that has a monetary value attached to it. There was further discussion regarding activity funds, in particular meals when they are to be provided and when they are not. Director Carpenter stated there are some exceptions to providing meals if it is not during the day the district is not required to provide the meal. Director Manson pointed to an example regarding show choir traveling on the weekend, they cannot be charged for their lodging or transportation outside of the school day; however budget accommodations can be provided through a dorm by the district, and students maybe expected to provide their meal outside of the normal school day, etc.
Director Carpenter reiterated that a policy needs to be worked on in short order, realizing the time restraints for the trip and Director Carpenter's preference would be a school sponsored event if the district could accommodate it since it's a wonderful opportunity. Mr. Gerleman stated he was there to provide an opportunity for the kids, despite the time and work (lots of work, weekends, nights, etc) that it would involve. President Walker stated that based on the current information, and Director Dalbey agreed, there is not enough information to make a decision and Director Carpenter stated a board policy is needed.
Mr. Gerleman stated the cost for the trip is $240 per month for students right now and that amount will increase the longer the decision is delayed. If not school approved, Mr. Gerleman stated they would lose all the grant opportunities and felt it would be a mute point to pursue. Director Manson stated the estimate was 140 students and 20 adults and asked if that number was still correct. Mr. Gerleman stated there are currently 100 students showing interest and those numbers were based on the Hawaii trip. The music boosters are a 501(3) C so they would be able to apply for grants as well but would not have access to Kim Hellige. Broken down the cost is estimated at $3,829 per individual.
Superintendent Kooiker stated she wanted direction from the board to move forward as a whole and with attorney guidance to find out who is free and reduced and who has IEP's for possible students going on the trip. Director Carpenter stated a policy needed to be developed and would like to get one together by Monday and Director Manson stated it should be a policy for all trips (all international trips). Passports are non-inclusive and would run around $125.00 to obtain a passport.
If it is school sponsored the money has to go through the school. Director Granneman, Director Carpenter and Director Bittner all agreed that it would be nice to have it school sponsored if possible.
V. Approve Band Trip to Normandy, France for 2019: A motion was made by Director Granneman and seconded by Director Dalbey to table the decision for taking action on the Normandy, France band trip. Motion to table carried 6-0.
VI. Adjournment: Board President Walker adjourned the meeting at approximately 7:01 p.m.
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President Secretary