We received several tips this week that the district may be violating Open Meeting Law with their Executive Sessions. We did some digging and it appears the meeting from 2/29 does indeed violate 24-6-402. We sent the following email inquiry to:
Jinger Haberer
Tonya Thompson
Aaron Salt
Krystal Story
We are requesting comment on the Open Meeting Law Violation from today's scheduled executive session.
From the agenda posted on Board Docs:
The Board will meet in executive session pursuant to Colorado Revised Statute § 24-6-402 (4)(f)(I) to discuss personnel matters related to employee 10404
We have been notified that employee 10404 was not notified of their rights to having an open meeting.
"For personnel matters discussed in an executive session under Colorado's Open Meetings Law, the public body must proactively give advance notice to the employee(s) who is/are the subject of the meeting. This allows the employee(s) to elect to have the meeting open to the public. If an employee requests an open meeting, the public body cannot vote to conduct an executive session; instead, the discussion about the employee(s) must be conducted in a public meeting."
Thank you in advance for your response.
Mrs. Lauren Yanez shared the following quote by Fred Rogers. “A love of learning has a lot to do with learning that we are loved.”
F. Board and Superintendent Comments
Information: 1. Board Comments
Mrs. Nicole Konz congratulated Pioneer Elementary School for being named a 2023 National Elementary and Secondary Education Act Distinguished School of Excellence. She said she enjoyed the school visits she was able to attend with Superintendent Haberer. Mrs. Konz also congratulated Emily Huxtable, a student at Rampart High School, for being the first female in over 30 years to score over 1000 points in her high school career.
Information: 2. Superintendent Update
Mr. Cameron Smart, Assistant Superintendent for Human Resources, introduced four finalists for new administrative positions. He thanked those who took part in the interviews, and he shared the candidates' background and previous work experience with the Board of Education (BOE).
Of note- 27 teachers have announced retirements at the end of this school year
I. Information Items
Discussion, Information: 1. Report of the Citizens’ Bond Oversight Committee (CBOC)
Mr. David Brockway, Facilitator of the Citizens’ Bond Oversight Committee (CBOC), presented this item, and the report can be viewed in BoardDocs. The committee’s next meeting is scheduled for April 2024. Mr. Brockway will give another update to the Board of Education (BOE) at the May 9, 2024 regular meeting.
The Board of Education discussed the report, made inquiries, and provided comments.
Discussion, Information: 2. Building Fund Update
Mr. Kris Garnhart, Executive Director for Building Fund, shared this update, and his presentation can be viewed in BoardDocs.
The Board of Education did not have any questions or comments.
Discussion, Information: 3. Special Education Update
Dr. Belinda Lujan-Lindsey, Executive Director for Special Education; Dr. Becky Harris, Director for Special Education Curriculum and Instruction; Jalessa Steward, Director for Special Education Compliance; Taylor May, Special Education Administrator; and Lisa Brandt, Special Education Administrator, shared this item, and their presentation can be viewed in BoardDocs.
The Board of Education discussed the report, made inquiries, and provided comments.
Information: 4. Primary textbooks for English Language Arts grades K-12
Mrs. Tacy Killingsworth, Director for Curriculum and Instruction, presented this item, and her report can be viewed in BoardDocs.
Amy Shandy questioned the content of some of the texts and Ms. Killingsworth reminded her that this isn't a Social Studies curriculum, but an ELA curriculum.
Information: 5. External Reviews 2023 - 2024
Mrs. Maureen Lang, Executive Director for Learning Services, shared this item, and her report can be viewed in BoardDocs.
The Board of Education discussed the report, made inquiries, and provided comments.
Information: 6. School calendars for: 2024-2025, 2025-2026, 2026-2027
Dr. Jim Smith, Assistant Superintendent for Planning and Engagement, shared this item, and his presentation can be viewed in BoardDocs.
The Board of Education discussed the report, made inquiries, and provided comments.
J. Public Comments Section 1
There were three public comments during this portion of the meeting.
James Gayle read a letter from an Academy District 20 (ASD20) teacher regarding concerns the teacher has with ASD20.
Liz Wilcox spoke regarding the public reviews of the proposed textbooks.
Melissa Derganc encouraged the district to update all restroom facilities to non-gender, full stall bathrooms.
K. Decision Items
There were no decision items scheduled for this meeting.
L. Public Comments Section 2
There were eight public comments during this portion of the meeting.
Meron Hoffman said that what she does defines who she is and said that applies to the Board of Education (BOE) as well.
Tymm Hoffman shared concerns he has with the Academy District 20 (ASD20) BOE.
Suzie Bauer read a letter from an ASD20 teacher regarding concerns the teacher has with ASD20.
Katherine Gayle read a letter from an ASD20 teacher regarding concerns the teacher has with the BOE.
Jennifer Bergstrom spoke regarding the proposed middle school book review committee.
Charlotte Johnson read a letter from an ASD20 staff member regarding the proposed middle school book review committee.
Ty Johnson shared his frustration with public comments at BOE meetings.
Bernadette Guthrie shared her thoughts on how the ASD20 BOE has handled her complaints against BOE Director Mr. Wilburn
The board went into Executive Session along with Tonya Thompson to review open meeting law.
Word leaked a few weeks ago that the board was going to be discussing FASTER at the 2/15 work session. The district sent no communication, and did not survey staff, which has created chaos.
All of the major news stations have been covering the topic and the 2/15 work session and board meeting brought hundreds of attendees. While we won't have the full meeting post up until early March once the meeting minutes are approved, it was imperative to get updates sooner than that as this is an extremely important topic.
Dozens of staff, students, and parents spoke out against the proposed topic of arming teachers/staff, while those who supported the proposal was a much smaller group. Major concerns include cost- initial estimations indicate the districts insurance would increase by 400k- IF they decided to not drop us entirely.
Also of note, D20 Board President Aaron Salt instructed the IT department to cut the video stream during the board meeting so no one at home could see public comment. Many are left wondering why this board is trying to limit information.
News broke this week that Superintendent Haberer's prior district is under investigation by the Department of Justice for harrassment and discrimination. While Ms. Haberer isn't named specifically in the article, the timeline being investigated is during her tenure as superintendent. We have also received information that D20 staff and parents have been contacted and questioned if some of the same situations have occurred during her time here.
Over 200 D20 Parents signed a petition asking for Colorado Springs DA Michael Allen to investigate D20 Board Director Derrick Wilburn for public obscenity in the presence of minors for his reading of explicit book passages at a student event in October 2023.
A lot of chatter within the D20 community, post roll out of the library committee proposal. We have learned that Superintendent Haberer held a meeting with the district librarians days after the official launch was supposed to take place.
We hear now that it is delayed indefinitely while they sort out some of the details. Hopefully one of the details is how to ensure it doesn't violate the existing book challenge policy. (Policy IJL)
Days before the 1/18 Work Session, the agenda showed that a proposed Library Book Committee discussion was slated for discussion. Some D20 librarians had heard rumblings of a committee being talked about but no details had been shared, nor were they consulted in advance. Many librarians were in attendance at the work session, where they heard the proposal for the first time.
Present at the meeting were:
Mrs. Jinger Haberer, Mrs. Nicole Konz, Mr. Aaron Salt, Mrs. Amy Shandy, Mr. Derrick Wilburn, and Mrs. Lauren Yanez. Mrs. Teona Shainidze-Krebs, CEO for the Pikes Peak Library District, and Mrs. Carol Bramschreiber, District Library/Media Specialist, were also in attendance.
Notes from Meeting to Follow:
Discussion, Information: 4:00 - 4:45 Discussion about selection, weeding, and other procedures and policies related to library books in ASD20. Comparison between public and school library processes.
Mrs. Shainidze-Krebs shared how books are chosen for the public library. She also shared how they handle concerns from the public regarding available books.
Mrs. Bramschreiber shared how books are chosen for secondary school libraries, how the weeding process works, and the most common ways that students access books at secondary school libraries. She also provided an overview of the Academy District 20 policy for book challenges
Mrs. Haberer shared information on the proposed Library Book Committee. She shared that the committee would have the following purposes.
To provide an opportunity for middle school parents in ASD20 alongside teachers and administrators to have productive dialogue about their perspectives related to books in ASD20 libraries that may be viewed as controversial by various constituents.
To give members of this committee an opportunity to read books that are considered a 3, 4 or 5 according to booklooks.org. This website has identified books that have been challenged in other places or that may have content that various groups have deemed inappropriate for school libraries.
To ask the members of this committee to rate each of these books according to criteria that our school librarians currently use in the selection of books for our libraries.
To bring the members of this committee back together, discuss their feedback for each book according to the provided criteria and through a structured protocol for dialogue, attempt to come to consensus about whether or not these books should remain or be removed from middle school libraries.
If there are instances where there is no consensus about removing or keeping a book, there will be another process that is followed at the last meeting to involve committee members in brainstorming possible solutions to this issue.
This meeting was certainly interesting. There was a full room but it was notable that most of the attendees weren't from D20. There were special interest groups, and several people from D49, including Ivy Liu, who came to speak in support of Derrick Wilburn, likely due to some comments about his prior conduct at previous board meetings.
One thing that is much different with this new board is we no longer have individual comments from the board. No updates on where they are spending their time, events they've attended, or schools they have visited. No one shares photos except for Superintendent Haberer. We aren't sure if that is a directive from Aaron Salt or if the board isn't attending events to share.
This meeting immediately followed the Library Committee Work session and the committee implementation plan was discussed in more detail. Superintendent Haberer advises they will be using the website www.booklooks.com to identify which books we should be concerned about and read for this committee. Booklooks is a questionable website at best and the books that are rated as 4's or 5's aren't in any D20 school libraries. The implementation plan shows the committee will kick off January 22nd, with an application going out that day.
Timestamp for discussion Library Committee Discussion: 1:36:00
Public Comment Section 1: 1:56:00
Note- Aaron Salt has added a preamble to public comment which states:
"The board welcomes the comments of our community members. Speakers must sign up prior to via an online form, and they must limit their remarks to two minutes or less in deference to ASD 20 students. Students will be allowed to speak first during the public comment section, following any students, speakers who wish to comment on an agenda item will be called in order of their sign up. We greatly appreciate or we greatly value all comments from the public, but in order to adhere to board policy and accomplish the work already on the agenda, the Board will not be responding at this evening speakers may offer appreciation for or criticism of School Board operations and programs as concerned them, but are encouraged to exercise their speech rights responsibly as they are personally responsible for any legal consequences attributable to their comments, including claims for defamation Please keep in mind that students often attend Board meetings, speakers, remarks therefore should be suitable for an audience that includes kindergarten through 12th grade students. Including no use of profanities or obscenities. Comments concerning personnel matters should be directed to the superintendent or board president in writing with your signature. The board president will recognize each speaker and may interrupt, warn, or terminate a speaker statement that is unrelated to the business of the school district inappropriate for K12 students, or disruptive to an orderly, civil and productive meeting. Thank you for your cooperation."
Not only is this very strange, but also illegal.
There were six public comments during this portion of the meeting.
Claire Spiller shared what she enjoys at her school, Woodman Roberts Elementary School.
William Sawvel shared his support for the Board and Education (BOE) and thanked them for their service.
Sarah Spiller spoke regarding agenda item 9C: Library Books Committee. She shared her disagreement that there are no librarians scheduled to be on the committee.
Ivy Liu encouraged the BOE to make decisions on what is constitutional.
Katherine Czukas spoke regarding agenda item 11A: Resolution 31-24 Midyear Budget Update for FY2023-2024.
Charlotte Johnson spoke regarding agenda item 9C: Library Books Committee. She encouraged transparency in the committee process.
2:09:00 Aaron Salt responds to Charlotte Johnson about her comments regarding the Colorado Senate Bill being discussed currently. He acknowledges awareness of the bill and how it will impact how the district handles challenges in the future.
Second Public Comment: 2:46:00
(and yes, Aaron Salt read the constitutional violation of a preamble again prior)
12. Public Comments Section 2
There were eight public comments during this portion of the meeting.
Lori Gimelshteyn encouraged the community of Academy District 20 (ASD20) to try to find unity.
Jeany Rush shared her fears about some books in ASD20 school libraries.
Tymm Hoffman said that he feels one of the Board of Education (BOE) directors plagiarized a poem he wrote.
Robin Paterson shared her fears about some books in ASD20 school libraries.
Lara Matisek said everyone who speaks at the BOE meetings has a first amendment right to speak.
Beth Hodgson shared that she feels a lack of support from the BOE for all students in ASD20.
Karyn Guevara spoke regarding her disagreement with Education Savings Accounts (ESAs).
Bernadette Guthrie encouraged the public to familiarize themselves with their rights concerning public comment at government meetings.
Of note- the board did not cut off any speakers during public comment during this meeting.
Also Notable to mention that the board did go into Executive Session after the Regular Board Meeting:
14. Executive Session
Action: A. Superintendent's Annual Summative Evaluation C.R.S. 24-6-402(4)(f)(I) and legal advice on specific legal questions related to potential litigation, pursuant to C.R.S. § 24-6-402(4)(b).
Move that the Board of Education (BOE) convene in executive session pursuant to Colorado Revised Statute § 24-6-402 (4)(f)(I) to discuss personnel matters related to the Superintendent’s annual summative evaluation. The Board will also confer with an attorney for the Board for the purpose of receiving legal advice on specific legal questions related to potential litigation, pursuant to C.R.S. § 24-6-402(4)(b).
The highlighted statute referencing open meeting laws.
This update was delayed due to the tsunami of information coming our way.
The 1/4/24 D20 Board Meeting was one for the books (or blog!). Two speakers had their mics cut during public comment and were stopped from speaking out against the conduct of Derrick Wilburn at the Student Hosted Candidate Forum on 10/4/23. We anticipate some fallout from the free speech violations that occurred at this meeting so stay tuned for that.
Information Agenda Items:
A. Tracking Graduates
B. College and Career Services Update
C. Research and Design Team Learning
D. Choice Enrollment Update
E. Public Schools on Military Installations (PSMI) Program
F. Annual Monitoring Report for Policy EL 2.9 Communication & Support to the Board
G. Changes to Administrative Policies Update
H. Annual Monitoring Report for Governance Process Policy 4.6 Board Officers’ Roles
I. Annual Monitoring Report for Governance Process Policy 4.10 Board Members’ Code of Conduct
J. Annual Monitoring Report for Governance Process Policy 4.11 Board Member Conflict of Interest
K. Annual Monitoring Report for Governance Process Policy 4.12 Process for Addressing Board Member Violations
Mrs. Nicole Konz, Vice President for the Board of Education, presented the annual monitoring reports for several governance process policies, including GP 4.6 Board Officers’ Roles, GP 4.10 Board Members’ Code of Conduct, GP 4.11 Board Member Conflict of Interest, and GP 4.12 Process for Addressing Board Member Violations. In each case, Mrs. Konz outlined the respective policy, shared compliance data, and confirmed that the BOE is in compliance with these policies. The Board agreed that there is sufficient evidence for compliance, all sections are in compliance, and there are no concerns regarding performance. Additionally, the Board determined that no additional evidence is needed, and no changes need to be made to these policies at this time.
Mrs. Konz followed the reviews by reading an odd pre-written statement (timestamp 2:34:00) that was clearly a response to the many complaints regarding conflicts of interest and code of conduct amongst board members (most notably, Aaron Salts position at Woodland Park School District and Derrick Wilburns association with Advocates for D20 Kids).
The approval of these monitoring reports with no evidence of non-compliance is just another example of this boards dereliction of duty and refusal to enforce their own policies.
Time Stamp 2:38:00 Public Comments Section 1
There were eight public comments during this portion of the meeting.
Jennifer Bergstrom spoke regarding her disagreement with Education Savings Accounts (ESAs).
Tymm Hoffman spoke regarding GP 4.10 Board Members’ Code of Conduct. MIC CUT/Comments Interrupted
Suzie Bauer spoke regarding GP 4.11 Board Member Conflict of Interest.
Karyn Guevara spoke regarding GP 4.10 Board Members’ Code of Conduct.
Katherine Czukas spoke regarding the Mill Levy Certification for Calendar Year 2024 Collection and encouraged the Board of Education to vote for Option A.
Melissa Derganc spoke regarding GP 4.11 Board Member Conflict of Interest.
Laura Furia spoke regarding GP 4.10 Board Members’ Code of Conduct.
Emily Vonachen spoke regarding her disagreement with ESAs.
10. Decision Items
Action: A. Resolution 12-24 Mill Levy Certification for Calendar Year 2024 Collection
Mrs. Becky Allan, Chief Financial Officer, shared this item, and her presentation can be viewed in BoardDocs.
The Board of Education discussed the report, made inquiries, and provided comments.
Resolved, that the Academy School District Twenty Board of Education has, this 4th day of January 2024, approved a total mill levy of 47.867 mills based on 2023 property values, for which property taxes will be collected in 2024. Assuming 100% collection, this levy is anticipated to provide total property tax revenue of $132,315,563 as recommended by the Chief Financial Officer and Superintendent.
The certified mill levy is based on a total net assessed valuation of $2,764,233,440. The School Finance Act Total Program Mill Levy has been set at 27.000 mills, in accordance with state statutes (determined without regard to voter approved levies and net abatement levies) and the related property tax revenue of $74,634,303.
Motion by Mrs. Nicole Konz, second by Mrs. Amy Shandy.
Final Resolution: Motion Carries
Aye: Mrs. Nicole Konz, Mrs. Amy Shandy, Mr. Derrick Wilburn, Mrs. Lauren Yanez
No: Mr. Aaron Salt
Public Comments Section 2
There were eight public comments during this portion of the meeting.
Sarah Spiller shared her disagreement with Education Savings Accounts (ESAs).
C. Francis shared his thoughts on how Academy District 20 (ASD20) has handled complaints against Board of Education (BOE) Director Mr. Wilburn. MIC CUT/Comments Interrupted
Rob Rogers shared his disagreement with recent book challenges in ASD20.
Bernadette Guthrie shared her thoughts on how ASD20 has handled her complaints against BOE Director Mr. Wilburn.
Meeting Minutes and full agendas located here:
https://go.boarddocs.com/co/asd20/Board.nsf/Public
On the eve of the 1/4/24 board meeting, the meeting agenda was quietly updated to reflect the addition of the topic of ESA's for the Executive Session.
According to a CORA that was requested in Spring 2023, Aaron Salt was socializing the idea of ESA's. It is purported that he was attempting to insert ESA's into the MLO language that was on the November ballot but was warned by legal counsel that it was ill advised.
The word on the street is that Mr. Salt plans to exploit the districts inability to properly serve our SPED population to garter support for ESA's.
We will be paying close attention to see how this situation evolves.
It's important to note the following:
Colorado does not currently have a statewide voucher or tuition tax credit program in operation.
The state has considered voucher programs a number of times in the last 20 years:
• In 1992, voters rejected a statewide voucher program.
• In 1998, voters rejected a tax credit for private school tuition.
• In 2003, the Republican-controlled Colorado legislature and Governor Bill Owens passed a statewide school voucher program. This program would have required 11 districts with the lowest-performing schools to provide vouchers to low-income students.
The Colorado Supreme Court ruled in 2004 that the program was unconstitutional because it stripped local boards of control over education. • Colorado is home to the only district-created voucher program in the country.
• The Douglas County Choice Scholarship was created by the Douglas County school board in 2011 and is currently on hold pending a hearing and decision by the Colorado Supreme Court.
What is an ESA?
Education savings accounts (ESA). States set aside money and put it in individual accounts for students. Parents can use the money toward the cost of private school tuition. But they can also spend it on homeschooling costs (such as online courses or tutoring) and even on some types of therapy.
The main difference between an ESA and a traditional voucher is that school vouchers can only be used at participating schools. If parents use ESA funds for tuition, they can “spend” it at whatever school they choose.
For more information on ESA's (also knows as vouchers), visit the following links:
https://www.understood.org/articles/school-vouchers-what-you-need-to-know
After an expedited interview and selection process, the board selected Ms. Lauren Yanez for the board appointment to replace Tom Lavalley. Ms. Yanez will complete the rest of Mr. Lavalley's term and her seat will be up for election in November 2025, along with Aaron Salt and Nicole Konz.
Ms. Yanez has the reputation of being a dedicated educator with a true heart for student. It will be interesting to see how she will adapt to being a part of this agenda-driven board.
The new board had their first regular board meeting. Hopefully as they get a bit more tenure under their belts, it wont seem so disjointed but they are all learning the ropes.
In an odd show of asserting authority as the new board president, Mr. Salt ejected a speaker for not adhering to district rules during public comments. This action has sparked debates regarding First Amendment rights.
View the bizarre interaction at timestamp 2:05.
Board Work Session to discuss applications for the board appointment. No discussion occurred as the board was instructed to name their top 3-5 choices, then those with less than 2 votes were immediately eliminated.
When asked what criteria was used to review the applications, Mr. Salt replied that each board member had their own criteria. Ms. Konz noted that her priority was education experience.
Notably, Doug Lundberg, former board member of 12 years and District 20 educator for over 30 years, did not make the cut. Meanwhile, Catherine Bullock and Michael Riffle, have no education experience on their resumes or applications.
All resumes available here:
https://drive.google.com/.../1gmXmZfM9tatk0BN1r1m.../view...
Short (25 Minute) Meeting to swear in new board members and to vote for assignments.
Since Mr. Lavalley's resignation was strategically planned for 6pm the evening of 11/29/23, this meant that Vice President Will Temby had to run the meeting until the new president was sworn in.
In a unanimous vote, Aaron Salt was voted in as D20 Board President, Nicole Konz as Vice President, and Amy Shandy as Treasurer.
While the Salt/Konz appointments were predicted, the Shandy appointment is interesting given she is currently under investigation for alleged fraudulent billing practices: https://www.csindy.com/news/colorado-times-recorder-lawsuit-alleges-d20-board-candidate-defrauded-military-health-insurance/article_d2dfd7a2-7441-11ee-84af-8368a5f2188c.html
11/16/23 BOARD MEETING
Timestamps of Reference:
1:58:00 Tom Lavalley suggests solving teacher staffing challenges by hiring uncertified teachers
3:17:00 Public Comment Starts
3:49:00 Tom Lavalley Resignation Speech
https://krdo.com/news/2023/11/16/d20-board-president-resigns/
D20 School Board President Tom Lavalley announced his resignation at the 11/17/23 board meeting. He states the reason for his resignation as being his promotion at United Airlines and how he no longer has seniority (impacting his schedule).
Mr. Lavalley stated his resignation is effective at 6pm the day prior to the new board being sworn in.
Colorado Association of School Boards (CASB) states the following regarding appointment after resignation:
How to fill empty seats on the board
To fill a vacant board seat between elections, the board first adopts a resolution declaring a vacancy.
The board has 60 days to appoint a qualified person to fill the vacancy.
If the board fails to appoint within this 60-day period, the board president is authorized to make the appointment.
The appointment must be noted by an appropriate entry in the minutes of the meeting and the board must cause a “certificate of appointment” to be delivered to the person appointed. A duplicate of the certificate of appointment must also be forwarded to the Colorado Department of Education.
The law says nothing about how boards should seek out candidates for appointment or what kinds of notice the district must provide to the community before making the appointment.
However, the law does state that board discussions “concerning … the appointment of a person to fill [a board vacancy]” are not “personnel matters” for purposes of entering executive session, and voting on candidate appointments must follow the board’s normal procedure—the board cannot appoint a new member by secret ballot.
To maximize the chance of finding great candidates and minimize the risk of public relations trouble, the appointment process should be open and transparent.
Prominently include information in district communications about how to apply and publish the board’s resolution declaring a vacancy in local newspapers to make the application process as simple as possible.
Interview candidates publicly, read their written submissions carefully and be sure to publicly commend every applicant for his or her interest.
Pay close attention as to how this process plays out. Given that we just had an election, the board could utilize the democratic process and will of the stakeholders of the district and select one of the runners up, who each got 17,000+ votes.