Area Attorney Says Open Meetings Law Likely Violated
Oskaloosa School Board Member Kraig Van Hulzen gets into a heated discussion with fellow board member Carl Drost on Tuesday night.
Oskaloosa, Iowa – The Oskaloosa School Board is a divided board currently. That division centers around how the board is or isn’t approaching discipline at the elementary and middle school buildings.
On Tuesday night, an attorney for Oskaloosa School Board member Carl Drost presented a case to the board that open meetings laws were violated by the board when they toured the elementary building, and the visit wasn’t posted for public consumption according to state law.
“My opinion was probably, there was a violation of the open meetings law”, said Drost attorney Dave Dixon. “That can have a number of bad consequences”.
Dixon informed the board that formal actions and civil penalties can be a result of violations of the open meetings law.
Dixon said that the good news for the board is that he believes his client, Carl Drost doesn’t want to file on the alleged violation.
Former Mahaska County Attorney Charles Stream addressed the board in the public comment portion of the meeting, and spoke about the open meetings law.
Stream said that during the past months meeting, the board deviated from the agenda. He seen that move as troubling.
Stream, along with two other parents expressed their concerns to the board about discipline at the elementary and middle school buildings.
Carl Drost made his motion to the board for a policy change in regards to discipline. “I move that the Oskaloosa School Board direct the superintendent to implement a discipline program at the Oskaloosa Elementary and Middle School that requires any student causing a classroom evacuation to leave the school for that day. This be effective for the 2016 and 2017 school year. Any classroom evacuation incident have the police called immediately and to get the police on site for the safety of all students and staff”.
Kraig Van Hulzen, an Oskaloosa School Board member directed a question to the district’s legal counsel, Greg Life, and then had Chad Vink, board secretary read a portion of Section 282.4 that states;
“A student shall not be suspended or expelled pursuant to this
section if the suspension or expulsion would violate the federal
Individuals with Disabilities Education Act.”
Drost said that the motion was to have the superintendent implement a discipline program.
Van Hulzen replied to Drost, “I don’t buy that. If you are giving him the authority, you are outstretching his authority”.
The motion eventually died for the lack of a second from the board.
The meeting was also the Board organizational meeting. Tom Richardson was selected as the Board President, while Shelly Herr was selected as Vice-President.
Also heard was a presentation by Oskaloosa High School Principal Stacey Bandy about the Iowa Quality Center.
The program is designed to educate and prepare students for technology that is in demand.
A PBIS update was given to the board by the Great Prarie AEA representative.
Approved by the board was the replacement of industrial size hot water heaters for the high school. They are currently down to just one operational water heater. The cost for replacement is approximately $50,000.00.
The board also approved a revised fee schedule for the use of district property.
