ACT 46 STUDY COMMITTEE
Representing the Brattleboro Town School District, Dummerston Town School District, Guilford Town School District, Putney Town School District, and the Vernon Town School District
http://www.wssu.k12.vt.us
NOTICE OF MEETING
The Act 46 Study Committee will meet at 7:00 p.m. on Wednesday, May 4, 2016 at the Academy School.
AGENDA
I. CALL TO ORDER – 7:00 p.m. – Alice Laughlin, Committee Chair
II. REVIEW, PRIORITIZE AND ESTABLISH DESIRED OUTCOMES FOR MEETING BY CHAIRPERSON.
III. REVIEW COMMITTEE MEMBER ROLES AND PUBLIC COMMENTS BY CHAIRPERSON
IV. APPROVAL OF MINUTES – April 25 and April 27, 2016
V. REVIEW STUDY COMMITTEE PROCESS BY CHAIRPERSON
VI. RECOGNITION OF GROUPS AND/OR INDIVIDUALS
VII. STUDY COMMITTEE WORK SESSION:
Review and Discuss Articles
Review and Discuss Articles – Comments from All WSESU School Boards
Review and Discuss Ballot Language
Act 46 Implementation Project Meeting – Discussion
VIII. REVIEW PROPOSED TIMELINE
IX. PUBLIC INFORMATION CAMPAIGN
Set Draft Schedule for Study Committee Individual Town Presentations
X. FUTURE MEETINGS, DISCUSSIONS
XI. ADJOURNMENT
Note: In accordance with the following excerpt from WSESU Policy E-12 Electronic Communications Use and Retention
II. Use of E-Mail and Electronic Communications
The school board and administration will not use email as a substitute for discussion at board meetings, or for any business properly conducted at board meetings subject to the Vermont Open Meeting Law.
….
Brattleboro Town School District, Dummerston Town School District,
Guilford Town School District, Putney Town School District and Vernon Town School District
Act 46 Study Committee
Work Session Agenda, Minutes & Action Items – April 27, 2016 6-8 PM
BUHS Multipurpose Room
Present
Brattleboro: Kim Price*, David Schoales**, Jill Stahl Tyler*, Mark Truhan*
BUHS/ BAMS/WRCC: Ricky Davidson*, Ian Torrey* * denotes voting member,
Dummerston: Kristina Naylor** ***, Amy Wall* – Clerk ** denotes alternate voting member,
Guilford: Beth Bristol*, Alice Revis** *** denotes ex officio member
Putney: Richard Glejzer**, Alice Laughlin* – Chair
Vernon: Walter Breau*, Mike Hebert**
Also present
WSESU: Lyle Holiday – Curriculum & Assessment, Frank Rucker – Business Manager, Ron Stahley – Superintendent
Others: BCTV staff, members of the public including Eric Feindel, Shaun Murphy, Jody and Paul Normandeau,
Thomas Ehrenberg, Ines McGillion, Steven Perrin, Steve Skibniowsky, Howard Ires, Michael McGillion,
Bob Woodward, Marilyn McQuaide, Susan James, Erin Tkacyk, John Gagnon, Read Miller
Committee Guidelines
1. Work sessions will start and end on time.
2. Work sessions will last 2 hours unless decided otherwise by the Committee.
3. Members will give and receive with good intentions.
4. Members will follow “3 before me” as a guideline so all members have the opportunity to speak.
5. Members will conduct Committee business in front of the group.
6. Members will understand that silence on the part of another member does not imply agreement.
7. Members will site sources of evidence during discussion.
8. All members will be included in conversation and no side conversations will be conducted during the work session.
9. Members will stay on topic during discussions and will request the Clerk make note of additional topic(s) for future discussion.
10. Members will engage in the work at hand and administration will provide the space and support as needed to do so.
Agenda Items Led by
– Call to order Alice Laughlin
– Review, prioritize and establish desired outcomes for meeting Alice
– Review Study Committee member roles and public comments by Chair Alice
– Approve of minutes of previous work session – April 5 Alice
– Review Study Committee process by Chair Alice
– Recognition of groups and/or individuals Alice
– Study Committee Work Session Alice, Ron Stahley, Frank Rucker
– Review and discuss Articles
– Review and discuss Articles – Comments from all WSESU boards
– Review and discuss Ballot language
– Act 46 Implementation Project meeting – Discussion Alice, Amy Wall, others in attendance
– Review Proposed Timeline Alice
– Public Information Campaign – Set Draft schedule for Town presentations Alice
– Future meetings, Discussions Alice
– Adjournment
Work Session Minutes:
Chair Alice Laughlin called the work session to order at 6:04 pm with a review of the agenda. She welcomed the public present and the Committee agreed to provide the time for public input as noted on the agenda with additional time near the end of the meeting. On a motion made by Mark Truhan, seconded by Ricky Davidson and so voted, the minutes of the April 13 work session were accepted as written. Ricky Davidson, Jill Stahl Tyler and Kristina Naylor abstained from the vote because they were not present for all or a portion of the work session.
Alice opened the work session to public comment. Thoughts, comments and/or concerns touched upon the following:
– concerns about Act 46’s impact and the process and
– the proposal of another model by Tom Ehrenberg.
Alice Laughlin shared recent communication from Vernon and their timeline. After Matt Coombs’ resignation as Vernon’s voting member, Walter Breau was appointed voting member and Mike Hebert was appointed alternate. On 4/25, Vernon School Board voted to “to withdraw immediately from the Act 46 Study Committee and Vernon School District shall not be a member of any Act 46 district in which Vernon is only an advisable district.” No formal resignation from the Study Committee has been received from Walter Breau or Mike Hebert. Legal counsel is reviewing Vernon’s actions with the VT AOE to determine the impact on the Study Committee’s activities. A response from the VT AOE is expected within a few days on how to move forward. Legal counsel Chris Leopold advised that the Study Committee should continue its work while waiting for VT AOE opinion and stated that a 706d Study Committee is required to hold a vote of the electorate including Vernon should a report be issued to the VT AOE.
After some discussion, Ron Stahley will send the April 14, 2016 draft of the Articles of Agreement to VT AOE for informal review and feedback. The Study Committee agreed that a formal vote to send a preliminary draft was not needed.
Amy Wall provided an overview of the meeting on 4/25 with the Act 46 Implementation Project. Since a quorum of voting and alternate Study Committee members was present, a written record of the meeting will with Nicole Mace/VSBA, Nikki South/Act 46 Implementation Project manager, Donna Russo-Savage/VT AOE legal counsel, Jeff Frances/VSA/VPA and Brad James/VT AOE. The major topics of discussion were:
– wording of the vote language,
– slowing the process down and comments on the options investigated,
– retaining local input re: governance and budgets, and
– clarification on board make up for necessary and advisable members.
Alice Laughlin queried the Study Committee members to determine which local school boards have reviewed the Articles of Agreement. Guilford has reviewed as a board and with its community. BTSD board reviewed at community forum. BUHS board reviewed at its April 1 meeting. DTSD board has partially reviewed Articles. PTSD board as reviewed. Alice requested that all boards review the Articles and Study Committee members have feedback for next work session.
Alice Laughlin and Ron Stahley lead a review of the April 14, 2016 draft of the Executive Summary with Articles of Agreement.
Article 1: Discussion of necessary and advisable districts was tabled to the next work session.
Article 2: Language that provides school choice to Vernon’s currently enrolled Grade 7-12 students is included. The cost to do so is negligible and is an attempt to be respectful of the Vernon electorate.
Article 3: No discussion needed.
Articles 4: No discussion needed.
Article 5: Beth Bristol confirmed that Guilford retains operation of its own school bus.
Article 6: Ron Stahley confirmed that additional wording for capital funds needs to be added so that it is specified that capital funds that a member district brings to a merger will be used for capital improvements to its school(s).
Article 7: The PTSD board wants the following wording added to cover the Putney Town forest: “The Putney Town School District retains the right to transfer XX to the new unified district, or to the town of Putney, or another organization of their choice to preserve the property as they see fit.” Ron Stahley suggested that a list all assets excluded from a merger be added for clarity. Frank Rucker stated that all contracts in existence prior to a merger must be honored.
Article 8: As written, this article shows the directly proportional and hybrid models for board composition. The Study Committee needs to decide which model will best suit our communities. Discussion ensued. Concerns were raised about an 8 member board and a 4-4 tie vote. Frank Rucker stated that the 4-4 tie vote default is a “no” vote. Ian Torrey suggested that board membership be tied directly to each school. Jill Stahl Tyler pointed out that in the unlikely event that a school was closed, then this would affect this model of representation. Ron Stahley advised that school “assignments” could happen after election as they do with the BUHS board. It was suggested that total board membership be increased to 9 with either 3 Brattleboro and 2 at large members OR 2 Brattleboro and 3 at large members. Dummerston and Putney representatives shared concerns about the change in the Brattleboro representation because it was basically the directly proportional model.
Article 9: No discussion needed.
Article 10: No discussion needed.
Article 11: No discussion needed.
Article 12: Amy Wall suggested that the Leadership Council for each school provide budgetary input. Richard Glejzer offered the following wording: “Present draft budget to town at designated pre-town or information meeting scheduled enough in advance to allow further budget development based on public input.” Kim Price shared that Brattleboro Town representatives wanted “deference” added to allow the Leadership council to have a greater voice in budgetary approval. Frank Rucker stated that a different budget meeting date can be specified in the Articles of Agreement and that the default date is Town Meeting. He shared the advice from the Act 46 Implementation meeting that a Supervisory District member attend Town Meeting and give a report like legislators do presently. Discussion ensued on maintaining a floor vote like the BUHS budget approval process at its annual meeting or holding a budget vote by Australian ballot on Town Meeting in each member community.
Article 13: Beth Bristol expressed Guilford’s concerns about the 5% limit. Ron Stahley will look into the logic behind this statewide policy and provide details. Jill Stahl Tyler suggested removal of specific dates and Alice Laughlin offered the wording “predetermined date.” Jill Stahl Tyler asked for clarification on how home school and private school students would be managed re: athletics and specials such as band, chorus, etc. Ron Stahley stated that the current policy would not change. If space is available, home school students can participate and private school students cannot.
Article 14: Kristina Naylor shared concerns of Dummerston residents about the use and maintenance of its playing field. Ron Stahley stated that this would remain a decision of the school administrator.
Article 15: No discussion needed.
Article 16: No discussion needed.
With the approval of the Study Committee, Alice Laughlin opened to floor to public comment which included:
– the request for changes in language be highlighted somehow from draft to draft,
– the concern about moving Middle school students and changing teachers’ work assignments,
– the availability of the current draft of the Articles on the website,
– the availability of petitions to run for board membership at Town offices,
– the speed of the Study Committee’s work,
– the need for more information for the public,
– the need for a sound system so it was easier to hear,
– questions about wording in Article 13 re: discipline and
– the lack of any wording about an exit strategy for a member district if they are unhappy in a consolidated district.
The time line with upcoming work sessions is:
– 5/2/16 Petitions available from Town Clerks for unified board positions
– 5/4/16 Work session from 7-9:00 pm at Academy
– 5/17/16 If approved, submit report to and meet with State Board of Education
– 5/18 to 6/27/16 Town forums with local boards
– 5/19/16 First day to post Warning for Town School districts
– 5/19 – 5/23/16 WSESU Board meeting and/or Special meetings of local boards to sign Warning Articles
– 5/23/16 Work session from 6-8:00 pm at Vernon Elementary
Last day to file petition for unified board positions
– 5/29/16 Last day to post Warning for Town School Meeting
– 6/8/16 Early ballots available from Town Clerks
– 6/18/16 Last day to post sample ballots and voter information
– 6/22/16 Last day (by 5 pm) to register to vote with Town Clerks
– 6/27/16 Last day (by 5 pm) to request early ballots from Town Clerks
– 6/28/16 Electorate vote
Agenda items for next meeting on 4/27/16 include:
– Review of Articles of Agreement with feedback from local boards, possible action
– Discussion of format and information for the public and possible town forums
– Other related matters, as needed.
On a motion made by Beth Bristol, seconded by Ricky Davidson and so voted, the work session ended at 8:44 pm.
Action Items before next meeting and Responsible party
– Forward financial and legal questions to Alice at alicelaughlin@rocketmail.com All
– Forward items to attach to report to Amy Wall at amhbeg@gmail.com All
– Verify that info is posted on Act 46 Study committee page on WSESU website Jill, Barb Nowakowski
– Provide financial data and list of assets excluded/included in consolidation Frank
– Provide additional wording in Article 6 and provide information on 5% limit in Article 13 Ron
– Forward updated draft to VT AOE for preliminary review Ron
– Review Executive Summary and Articles of Agreement with local boards and All
collect comments for 5/4/16 work session
Respectfully submitted, Amy Wall – Committee Clerk
……
Act 46 Implementation Project – Meeting Notes
Monday, April 25, 2016 from 9:30-11 am, Marlboro Graduate Center
WSESU staff and Study Committee members present: Frank Rucker, Erin Tkacyk (Guilford), Amy Wall and Kristina Naylor (Dummerston), David Schoales and Mark Truhan (Brattleboro), Mike Hebert (Vernon), Ricky Davidson (BUHS)
Act 46 Implementation Project personnel: Nicole Mace/VSBA, Jeff Francis/VSP/VPA, Nikki South/Project manager, Donna Russo-Savage/VT AOE legal counsel, Brad James/VT AOE finance
Public present: Bob Woodward, Chris Mays, Steve Sanborn, Steve Dale, Marilyn McQuaide, Sean Murphy, Howard Weiss-Tisman, Jody Normandeau
Nicole Mace opened the meeting and provided guidelines. Officials were there to meet with Study Committee members and public input/questions would be entertained as time allowed. She stated that 10 successful mergers of existing SUs has taken place across the state to date. Two additional SU’s are in the reconsideration time period after failed votes. Four votes are pending and 18 SUs have formed Study Committees as outlined in Act 46. Frank Rucker offered the following topics for conversation. Act 46 implementation project staff input is shown below.
1. Wording of the vote language – Accelerated only OR if not Accelerated, then MUUSD.
Donna Russo-Savage reviewed the four paths that can be taken: Accelerated, Phase 2 (RED), Conventional, and Non-merging districts. If Accelerated is defeated with all listed as necessary, then it allows communities to regroup. Phase 2 configurations include side by side, layered (union elementary) and MUUSD. These need an electorate vote by 7/17 and to be operation by 7/19. If MUUSD, Donna suggests that details on how it will operate be included in the Articles of Agreement. Phase 2 configurations can go outside of current SU boundaries and can be either 4 districts or 1250 ADM. Conventional is described in Section 7 of Act 46. There is no deadline for a vote and it must be operational by 7/19. There is no $150k grant, can go outside of current SU boundaries and must be 900 ADM for preK-12. Non-merging district must look at itself, talk with neighbors and present proposal to State Board of Education on why it’s structure is the best way to proceed for its students. Incentives are transitions to new system since communities do not start with same tax rate. This bridges the transition rather than making a large change in one year. Vote language needs to be clear to voters. Explanatory language included with the formal vote language can be added. This should be done with the help of legal counsel. Statute determines warning. If “necessary” member, then the vote of the electorate must be warned. If “advisable”, than Study Committee and/or local board can warn electorate vote.
2. Review of Alternatives investigated in light of requests by public to slow process down.
Frank Rucker asked about the rationale for moving forward with a merger if the SU has a cohesive structure and student success. Donna Russo-Savage stated that Act 46 was not designed for this type of scenario and replied “why not go for the benefits for the students and taxpayers?” Brad James stated the Ed fund is the single source for all incentives and education funding. When a SU merges, it lowers its base rate and therefore pays less into the Ed fund. While efficiencies are expected in these merged SUs to offset ed spending, the overall effect may require an increase in the base rate statewide.
3. Suggestions for retaining local input re: governance and budget decision.
Leadership councils provide a familiar structure to towns for input re: educational programming, quality and even budgetary input. Act 46 does not allow for a Town Meeting type event. The Supervisory District member(s) for the town would attend Town meeting and provide a report as legislators do presently. A meeting schedule that rotates throughout the newly formed SD is recommended to facilitate local input. A formal structure for the Leadership Councils with defined responsibilities will help ensure local input.
4. Clarification of board membership for necessary and advisable districts.
Three structures are available for board membership – directly proportional, totally at large, and hybrid. When initially formed, only districts deemed “necessary” will have board members. Any district deemed “advisable” will not have representatives on the new board initially. Even if Vernon does not vote to join a merger or chooses to leave the Study committee, it will be assigned to an SU and will have voting rights for grades enrolled.
Respectfully submitted,
Amy Wall –Clerk – WSESU Act 46 Study Committee
