Alexander Central School hosted its second annual Jazz Invitational on Thursday night, which featured performances of Alexander's brass band, the Alexander Jazz Cadets (photos), and the Alexander Jazz Experience, along with a performance by the Warsaw Jazz Ensemble.
Kayla Harding, with teacher Lorna Klotzbach, was named the seventh grade Citizen of the Year at Oakfield-Alabama Middle School during an awards ceremony in the auditorium yesterday.
Below, Jessica Brown, seventh-grade winner of the Citizen of the Year Award in 2017 with best friend with Victoria Kruppenbacher, the 2018 eighth-grade winner and Jonathan Boje, Social Studies teacher.
The high school held its awards ceremony earlier in the morning and named Justina Pruski valedictorian and Lauren Reding salutatorian.
The high school Citizens of the Year were:
By the fall, three deputies with the Sheriff's Office will become school resource officers in Alexander, Pavilion and Pembroke, so the County Legislature is being asked to add three new positions to the Sheriff's Office staff.
Sheriff William Sheron said the three deputies who will become SROs have been interviewed by their respective school districts and approved. He plans to announce their names next week after the Legislature approves the new positions and the contracts with the school districts.
The deputies will join Deputy Matt Butler, serving Byron-Bergen, and Deputy Chad Cummings at BOCES.
Pavilion has budgeted for a deputy serving as SRO for 12 months. Alexander and Pembroke, for 10.
The members of the Ways and Means Committee on Wednesday had questions about what happens with the SROs when school is out of session.
For BOCES and Byron-Bergen, there are events, as well as summer school, where the deputies' presence is possible.
In Butler's case, Sheron said the deputy will also build up a lot of comp time over the course of a school year, primarily from covering sporting events, and that Butler will take his comp time and vacation time during the summer. He will also work some road patrol and assist with Darien Lake security.
This will be the first summer for Cummings since becoming SRO at BOCES.
Each deputy will decide how to balance ongoing school needs, vacation and comp time during the summer, Sheron said.
In the case of the district's with only 10-month contracts, those deputies are more likely to wind up back on road patrol during the summer.
"Historically, both these schools that have them now, started off with 10 months but went to a whole year," said Legislator Gordon Dibble, former chief deputy for the Sheriff's Office. "I don’t think there is any reason these other schools won’t experience the same thing and eventually absorb that cost. I think it’s getting your foot in the door. It’s a lot easier to get your foot in the door for 10 and then add 12 after, from what I've seen."
Patrick McGee, principal at Byron-Bergen High School, attended Wednesday's meeting to discuss his school's experience with an SRO. He said Butler is more than a cop on the beat. He's a mentor, a positive influence, and a deterrent.
"He was at the prom," McGee said. "That’s the ultimate thing — no kids are going to come to the prom under the influence when you have a drug recognition expert. They know he’s standing right there. It’s not to scare them but it is a deterrent to certain behavior."
There's no price you can put on the safety of children, Sheron said, and such deterrence is invaluable.
"That’s the thing with deterrence," Sheron said. "You don’t know what you’re stopping. You’ll never know."
Yesterday, Batavia fourth-graders got a chance to try out various track and field events and demonstrate their athletic skills.
This is Nolan Ball. He has a strong arm. Three times he threw the softball at least 138 feet.
The boys participating in this year's B Squad, a running group coached by Sarah Gahagan and other Batavia Middle School teachers, celebrated their first year as a team with a pizza party and individual recognition for their accomplishments.
Each boy was nominated for an award by a teacher or administrator based on improvements or contributions they made throughout the school year. There are 50 boys who participated this year.
The group runs as a team and often to locations where they learn about the community or local businesses.
A heavy rainstorm delayed the start of the annual mother and sons Mud Run at John Kennedy School today, but once the clouds cleared, the race was on.
Jennifer Desautels, covered in mud, gives a mock hug to her uniformed father, Firefighter Tom Douglas.
The fifth-grader was one of the first students in the district to use double robotics to attend classes from home for the last three years.
Hailey said it is fun learning through the robot, and she doesn’t feel like she is missing out anymore, not being at school.
“I get to be with my friends,” Hailey said.
Hailey was diagnosed with Stage 4 Adrenal Cortical Carcinoma in 2009 and is currently being treated at Golisano Children’s Hospital in Rochester. Due to weekly clinic appointments and 27 daily doses of medication, Hailey needs to attend school from home.
In Hailey’s treatment, her mother, Missy Coniber, said she doesn’t see a near future where Hailey can attend school in person.
“The doctors would like the scans to be clear for five years, and we haven’t reached anything near that point,” Coniber said.
That's where double robotics comes in.
Double robotics is a term -- also the name of the company that makes the devices -- for a robot that is on wheels, has a camera and display screen, allowing it to travel through a remote space from the robot's user to allow that user to virtually be in that location. Hailey is using it for school but double robotics are also used by remote workers to connect with the home office.
As long as Hailey's robot is turned on, Hailey can control everything from her laptop.
“I control it with the keypad,” Hailey said.
Hailey signs into an app which allows her to control the robot’s movements.
Not only can she control the movements with the arrow keys, but if Hailey has a question, the robot itself can be raised up, like she would be raising her hand.
Lenny has changed Hailey’s schooling drastically, Coniber said.
“Before the robot, we did two years of tutoring, and we were only getting six hours a week of tutoring and she was falling behind,” Coniber said. “We knew her medical treatments could be a long process.”
The idea came from the WSS principal, Carol Messura, who heard of double robotics and reached out to EduTech to learn more.
The Coniber family offered to pay for a robot because it was a test and they weren’t sure how well it would work, and the school system got it approved through the Board of Education and purchased the robot.
“We’re very fortunate to have the school system that we do,” Coniber said.
The summer before Hailey started using the robot, associates from EduTech tested it to make sure they fully understood how it operated.
“There were some quirks at the beginning that we had to work out, and once we got that worked out, it has become a smooth transition,” Coniber said.
Once the robot was put into the classroom, teachers, students, and the robot adapted well, Coniber said.
“The students don’t see it as a robot anymore,” Coniber said. “They see it as just Hailey.”
Coniber said she would highly recommend the robots for other families in similar situations, as a cost-effective alternative for school systems.
“Now she’s getting a full day of school,” Coniber said. “We can take the laptop or iPad to the hospital and she can attend school from the hospital if she is in-patient, so it has cut down on the number of absences.”
Photo courtesy our news partner, 13WHAM. For 13WHAM's story on Hailey, click here.
The Family Consumer Science students at Pavilion Senior High School and Middle School have been recognized for the creativity and hard work in coming up with a beef-based food product.
The competition was sponsored by the NY Beef Council and New York Agriculture in the Classroom.
The middle school students competed with students from eight other middle schools and took first place and the two, just two, seniors in the class, came in second in a competition among 21 high schools.
The $350 total in prize money was used to purchase a new Weber grill from Crocker's Ace Hardware in Le Roy.
The middle school students came up with a product they called Grabbables. It consisted of a meatball, Hawaiian roll, and mozzarella.
"It was really fun," said eighth-grader Alexa Wolcott, who was in charge of quality control for the middle school students.
"Well," added the group's CEO, Adeline Milligan, "you get food in the end."
The two classes were served a catered lunch yesterday of BBQ beef, baked beans, potato salad, and salad, courtesy the Beef Council.
The competition required the students to develop a recipe, determine a target market, come up with a marketing campaign and cost out their expenses and anticipated revenue.
"There's a lot to manage," Milligan said. "You learn what actually goes into running a business."
The competition is meant to be demanding, said Cindy Phillips, director of nutritional education for the Beef Council.
"This is a project that really challenges them to apply all of their classroom learning, from math to critical thinking, social studies, into an experiential project," she said.
Catherine Johnston, AKA "Miss J," is Pavilion's Consumer Family Science teacher. She said it was important to her to get her students involved in the competition because of the lessons they would learn.
"I really want to promote the fact that Family Consumer Science is the next step from ag," Miss J said. "We are the processors. We freeze things. We dry things. We can things. We learn all about food science in my class.
"I'm hoping students want to go into the new factories that are around here and become lab techs. There are a lot of job opportunities that go into this besides being a chef."
Photos and statement submitted by Tim McArdle, principal at Le Roy HS.
Today was an amazing morning for our seniors! The day began with our annual Senior Yearbook Breakfast where the Class of 2018 received their yearbooks and enjoyed a breakfast. Seniors enjoyed many laughs and conversations looking over the Oatkan!Big kudos to yearbook advisors Ms. Castro and Mrs. Curtis and our student staff for an awesome job on this year’s yearbook! The senior dedication went to Mr. Crowe & Mrs. Brotherton!
Next, we boarded the bus and traveled to Wolcott Street School for our third annual “Decision Walk.” Seniors wore T-shirts or sweatshirts representing the college or career they are going into next year and created a poster showing a visual of their chosen career. The elementary staff and students lined the hallways and sidewalks as the seniors paraded past all grade levels.
It was a very powerful experience as it represents one of the major reasons we do what we do; guiding students through years of education and creating a launching pad for them to use for the rest of their lives. It was great for the elementary staff to see their former students and the directions they are taking in the future. We also had our staff wear their own college gear representing their alma mater!
It was a great way to celebrate the future of the Class of 2018! Check out @LeRoy_Knights on Twitter and Instagram for more videos and pics!
This year's Class of 2018 fundraiser that allowed seniors to paint their own personal parking spaces at Batavia High School was a huge hit, the Board of Education was told Tuesday night, and representatives of the junior class pitched the board on continuing the project next year but with some additional features.
The juniors would like next year's seniors to pay $20 per space and allow juniors (who previously could only reserve an unpainted space) to paint theirs for $30.
They would also like to come up with an employee of the month space that is painted by students as well as sell reserved spaces for teachers, at higher prices, that would be painted by students.
The 2018 class raised more than $700 with its project and there were no problems reported in the student parking lot throughout the year.
There were 35 spaces painted and another 19 spaces reserved.
"It is probably one of the easiest fundraisers that the officers have ever had to do," said senior Mikey Lullo. "We would call it a very big success."
The proposal for the 2018-19 project was presented by Madison Dedman and Brianna Bromley.
Based on feedback from the 2018 class, they would start to start painting in July, get five days instead of two to complete the painting, and be able to paint at night when it's cooler.
The board will vote on the proposal at its next meeting.
The Board of Education meeting Tuesday night included a department review from Amanda Antonucci, art teacher at Batavia High School.
Antonucci shared the art accomplishments and progress for Jackson, John Kennedy, Batavia Middle and Batavia High schools.
At the elementary level, first- and second-graders held their annual monster swap. The first-graders draw monsters and the second-graders re-draw them. She said the project is so popular the teachers are thinking of expanding it for next year to include middle school students, who will make monster sculptures from the drawings.
Jackson just held its annual Fine Arts Night, which gives the students a chance to see their art displayed as if in a gallery.
The middle school was engaged in several cross-curriculum projects, including students drawing their portraits with adjectives describing themselves instead of regular lines. They also looked at cells under a microscope and painted pictures of what they saw.
Once again, this year, on May 30 and 31, the middle school will hold its Human Rights Heroes project.
At the high school level, there were two new electives, both very popular: Digital Photography and Graphic Design.
The students also had a number of electives to choose from, including Drawing, Printmaking, Studio Design, Portfolio, and Sculpture.
"We have great electives," Antonucci said. "For a school our size, it is really outstanding. I really appreciate it."
One of the guest artists who visited the school this year was a 1969 graduate of BHS who is a sculptor.
A popular new activity was mARTch Madness. Antonucci said in March, all the kids can talk about is basketball so the teachers set up a bracket of 16 contemporary artists and the students discussed and debated their work.
"There was a lot of great commentary and discussion," Antonucci said. "We're going to do this forever now because it was such a big hit."
She encouraged her students to enter work into a 6x6 show in Rochester. Antonucci herself entered a solo show featuring portraits she painted of students; and she and student Sophia Dinehart entered a show just for an art teacher and an art student to share a gallery space.
BHS will host its Art Appreciation Night May 30.
Below are photos of student-created and painted murals that are being completed in the hallway of the district administration building.
The Board of Education for City Schools handed out their monthly awards to start last night's meeting. Below are pictures of the winners with write-ups supplied by the school district.
Valle Jewelers invited Mrs. Torrey’s first-grade classroom to their store to further their study of gemstones and minerals in their History of the Earth Unit.
Students were able to see equipment discussed in lessons that jewelers use, find their birthstones and look at them under a microscope!
This was a hands-on way for first graders to learn and we appreciate Valle Jewelers for opening their doors to our students. What a great experience for them!
Photo: Stephen Valle, Pat Burk, Carrie Lawrence and her daughter, Sophia.
Jaheim Dana had a rocky start to his high school career and did not earn enough credits to progress to the 10th grade. He struggled academically, lacked motivation, and even talked about dropping out of high school.
When students have to repeat the ninth grade, we often see them lose their desire to graduate, and we struggle to get them back on track to graduate on time. This was not the case with Jaheim.
Over the last year, we have seen him make an incredible transformation! He has passed every class, is planning to study Auto Technology at BOCES in his senior year, and is right on track to graduate in 2019 with his class.
He plans to enter the military after graduation. Mrs. Garner is continually impressed with Jaheim's ability to shut out negative peer pressure and keep his eye on his goal of graduation.
We are so proud of his accomplishments at BHS and can't wait to see him walk the stage next June!
Lauren Leone is an extremely self-motivated, hard-working, and flexible graduating senior who can be depended upon to get a job done and done well.
At the beginning of this school year, she took the initiative to follow up on my invitation (given at the end of her junior year) to do some writing for the District’s A+ Community Newsletter.
She then proceeded to contribute a quality article, on time, for each issue. In addition, she was flexible in what she wrote about, giving equal care to a topic she generated on her own or one that was suggested to her. Throughout the year, she could be counted on to deliver what was needed by the deadline of when it was needed.
This was no small feat for someone who was also busy with so, so many other activities and responsibilities as a class officer, athlete, volunteer extraordinaire, as well as a dedicated student taking many demanding classes, including college-level courses, all while maintaining a grade-point average that puts her at the very top of her class.
Riley Gonzalez works hard every day. He sets a great example of how other classmates should be and act.
He has been on GREEN or ABOVE every single month this year. This is over 130 days of EXCELLENT BEHAVIOR. Over 130 days of being respectful, responsible, safe and following all of the Whole Brain Teaching rules (following directions quickly, raising hand for permission to speak, participate, and leave seat, making smart choices, and making your teachers happy.)
Riley follows all of these, as well as being a polite, caring individual. We are proud to recognize his efforts.
After reading Monday’s story in The Batavian about policies in five local school districts that prohibit individual school board members from sharing their views in public forums, such as news stories, the attorney for the New York State School Boards Association suggested that maybe something has been lost in the translation.
The NYSSBA’s policy recommendation seems clear: “ … whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.”
Somewhere along the line, some school districts have turned this into a restriction on speech even by individual board members.
The fact that individuals don’t give up their First Amendment rights when elected to any public office, including school boards, could perhaps be more clearly communicated, suggested Jay Worona, deputy executive director and general counsel for the NYSSBA.
“We’re the glad that you wrote the story,” Worona said, “it helps to remind us what the perspective of the press is related to covering their respective stories. Although board members, in the absence of being specifically authorized to speak on behalf of the board, may not do so (speak for the board). They certainly are not precluded from providing the press with their individual perspectives if they choose to do so.”
Further research by The Batavian on the topic also reveals the NYS Board of Education, as expressed in nearly a dozen rulings since 1978 by education commissioners, clearly supports the right of board members to speak freely. Ruling after ruling states, “Individual board members are entitled to express their views about issues concerning the district and engage in partisan activity, provided school district funds are not used.”
In our research, The Batavian also found another document from the NYSSBA that more clearly states that individual board members retain their free speech rights.
“Individual school board members and other school officials, acting in their personal capacity, have the same right as any other member of the community to express their views on public issues,” the document states.
Yet, in Genesee County, there are five school districts – Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, Pavilion – that have articulated policies prohibiting individual board members from publicly stating their views outside of board meetings.
After reading The Batavian's story, Rick Blum, policy director of the Reporters Committee for Freedom of the Press, said he was baffled that elected bodies had such rules and the elected officials accepted such restrictions.
"I don’t understand how elected officials are not allowed to talk to their constituents," Blum said. "It doesn't make sense to me. If you are an elected representative, elected to run and administer a school board or any government agency or public office, you need to do it in a representative, democratic way."
Since the story appeared Monday, The Batavian has spoken with one local school official about speech restrictions.
Alexander Superintendent Catherine Huber, Ed.D., said -- in a single statement -- that board members both can and can't speak freely: They can't share their personal views on district business; and, they have the ability to express opinions. (NOTE: We will have more from this 45-minute interview in later stories.)
"Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice," Huber said. "They would speak with one voice on matters related to the school district.
"Board members individually don't have power on their own. They have power and they come together around the board table. That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district."
In the interview, we compared the "one voice" policy to Communist China. Huber's only response, "You have the policies and I know you have the policies from the other school districts as well."
When The Batavian pointed out such a policy negates dissent or individual views, Huber responded, "It's in keeping with our policy. An important thing to keep in mind, too, is that one of the central jobs of a Board of Education is that they get to approve a policy. So Boards of Education approve the policy that talks about things like who is the spokesperson for the board."
When The Batavian tried to talk with Alexander board members after an April 23 meeting, Huber stepped in, and board members reiterated, that only she could speak to reporters, a communication transaction Huber confirmed during Wednesday's interview.
After that encounter and subsequent communications with the district, The Batavian decided to survey the seven other school district's in the county expecting to find Alexander's policy was an anomaly. What we found is, it is not. While the policies of Batavia, Pembroke, and Elba are, arguably, the anomaly, there are five districts willing to openly state board members can't speak freely.
There does seem to be some confusion in Elba about the policy. While Superintendent Keith Palmer said, "Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen," which is in keeping with NYSSBA guidelines. When, however, The Batavian attempted to send interview questions to Elba's lone school board candidate, Candy Bezon, she declined to answer citing board policy.
The story about board member speech restrictions seemed to surprise NYSSBA's Worona. He indicated he didn't know such policies existed at school districts in New York.
The NYSSBA serves 660 school boards in New York and provides information, training and advice on matters affecting school boards to its members.
Worona said if there is a lack of clarity among school boards, it something NYSSBA should address.
"We want to make sure our school boards are judged by what they do not how they do it," Worona said.
It's reasonable for school boards to have a designated spokesperson, whether that's the board president or the superintendent, because a spokesperson is likely to be the person with the most knowledge and information about a particular topic, but a board designating a spokesperson should not be confused with the right of individual board members to answer questions, or for reporters to ask them.
Board members, of course, have a right to decline interview requests for their own personal reasons.
“Some board member who wishes not to speak the press may not do so, not to be difficult, but because they don’t feel comfortable with that media," Worona said.
Some school district and board policies may not necessarily reflect that nuance, Worona said.
There's no nuance, however, in the decisions issued by NYS Board of Education commissioners going back to 1978 when a commissioner ruled on the appeal of Rita Wolfe.
Wolfe was a Cold Spring Harbor School Board member who sent letters to residents of Cold Spring Harbor encouraging them to vote against a proposed school budget, an action the commissioner ruled was not illegal since Wolfe lobbied residents at her own expense.
"Although an individual board member or those members holding a minority view are not entitled to have their opinions published at the district's expense in board publications, this does not mean that the individual board member may not communicate his views at his own expense."
The Wolfe decision (which, given it is from 1978, is not available online) is cited in several subsequent commissioner decisions. Decisions that either site Wolfe or state the same principle include the application of Katrina Dinan, application of Rhea Vogel, the appeal of Kevin R. Allen, the appeal of Jeremy J. Krantz (which also notes that school district employees enjoy the same right to publicly express their personal views), the appeal of Guilaine Leger-Vargas, the appeal of Dione Goldin (which involves comments Goldin made to a newspaper reporter), the application of Kaila Eisenkraft, the appeal of Glen W. Johnson, the appeal of Vincent Wallace, and the application of Julianne C. Gabryel.
What an individual reporter can do about government policies that prohibit free speech by elected officials may be limited; though courts have found, such as in Chicago Reader v. Sheahan that government agencies can't argue that alternative newsgathering resources are available as an excuse for refusing direct access to a primary source. Yet this is what Attorney Jennifer Schwartzott -- who represents Alexander, Byron-Bergen, and Pembroke -- suggested when defending school districts' speech policies.
"Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions," Schwartzott said in response to questions emailed to her last week about individual board member rights.
Speech restrictions, however, abridge the rights most directly of school board members.
David C. Bloomfield, J.D., professor of Education Law at Brooklyn College and The CUNY Grad Center, and author of a book on education law written for community members who wish to better keep tabs on their local school boards, said board members who wish to challenge the speech restrictions might best be served by going to the NYSSBA to get information to bring back to their fellow board members. If necessary, however, they might need to file an application or appeal with the education commissioner.
"The new information (the decisions mentioned above that we found since the last story, with the help of Bloomfield) seals the deal," Bloomfield said. "Rather than speculating, it’s right there, spelled out in black and white. A district shouldn’t even discourage board members from speaking out. The First Amendment should be exercised."
There is no specific state law, such as the Freedom of Information Law or the Open Meetings Law, that addresses directly a board member's right to speak freely but such a law shouldn't be necessary, said Robert Freeman, director of the state's Committee On Open Government. "We have the First Amendment.
“If a board member is speaking out, it’s up to the board to take action, and I don’t think a board would, if they thought about this, because I think a board would recognize the right of a board member to speak out, absent not representing himself or herself, as speaking for the board,” Freeman said.
Later he added, “If a board member wants to speak out then I think he or she should and challenge the policy.”
If board members won't protect themselves, it will be up to voters to make changes, said the Reporters Committee policy Director Blum.
"I think the public is going to have to elect people who are going to change school board policy," Blum said.
The Western New York Tech Academy, at Byron-Bergen High School, hosted its first mentor's breakfast Friday morning and handed out three significant awards for the first time.
Isaac Ladley, a junior in the program, received the first-ever Professional of the Year award. Pictured with Ladley are faculty members Miranda Wharram-Santillo, Thomas Schulte (principal), Mariah LaSpina, Kathryn Beaumont, and Sean Madden.
The breakfast was followed by a business fair and mock employment interviews.
Liberty Pumps was selected as Business Partner of the Year. Pictured are Jeff Cook, David Williams, Robyn Brookhart, Dennis Burke, and Thomas Schulte.
The Mentor of the Year is Gina Lathan. Pictured with Lathan, a student she mentored, Rebecca Haniscewski, and Thomas Schulte.
Ruger Starowitz for his science fair project at Byron-Bergen Elementary School made maple syrup. His father said he had ot use hand tools just like his grandfather would have done.
The science fair and an art show were part of an open house at the school last night. The student art show featured a unique black light art display.
Here are results from the elections in Genesee County's eight school districts. Voting was held today.
Alexander:
Proposition #1, Budget: Yes: 152, No: 32
Proposition #2, Bus Purchases: Yes: 139, No: 46
Proposition #3, Equipment Capital Reserve: Yes: 132, No: 53
Proposition #4, Capital Reserve Fund: Yes: 146, No: 38
Proposition #5, Capital Reserve Fund: Yes 150, No: 34Board of Education, Sara Fernaays: 151. Write-Ins: 8
Note: These results provided by our news partner WBTA. Alexander CSD did not respond to our request for results.
Batavia:
Budget ($52,189,152 (increase of $2,318,567 or 4.65 percent; 2.40 percent increase in tax levy): Yes: 371 (78.27 percent), No: 103 (21.73 percent)
Student Ex-Officio Board Member (non-voting): Yes: 422 (89.03 percent), No: 52 (10.97 percent)
Board of Education positions (Three) (Top vote term is from May 15, 2018 to June 30, 2021, and the next two terms are from July 1, 2018 to June 30, 2021): Zachary Korzelius, 408, Shawna Murphy, 407, Patrick Burk, 387.
Byron-Bergen:
Proposition 1 (Budget) Yes: 448, No: 125, Passed
Proposition 2 (Bus Purchase) Yes: 439, No: 128, PassedBoard Member Elected -- Three-year Terms: William Forsyth: 480, Debi List: 429, Amy Mathisen, 165.
Elba:
Proposition #1 -- 2018-2019 Budget -- $9,720,931: Yes: 108, No: 40.
Proposition #2 – Capital Vehicle Reserve to purchase one (1) 65-passenger school bus: Yes: 116, No: 33Board of Education, Candy Bezon (Incumbent): 133
Le Roy:
Budget: Yes: 319, No: 65
Library Budget: Yes: 345, No: 39School Board Members (Vote for Three): William Mackenzie: 322, Lloyd Miller: 289, Lawrence Bonacquisti: 309. Write-ins (one vote each): Mickey Mouse, Stan Barringer, Phil Mangefrida.
Woodward Memorial Library Trustee (Vote for One): Philip Weise: 342. Write-ins (receiving one vote each): Rob Currin, Porpus Rogers, Brian Manley.
Oakfield-Alabama:
Proposition #1: Budget -- Yes: 255 No: 60, Passed
Proposition #2: Buses -- Yes: 278 No: 63, PassedBOE Members:
Timothy Edgerton: 254
Lorna Klotzbach: 217
Douglas Esten: 141
Pavilion:
Budget, Yes: 156, No: 32, Passed
Board of Education, five-year term (vote for one): Christopher Jeffres: 93, John Bannister (Incumbent): 89.
Pembroke:
Budget Yes: 301 No: 73, Passed 80.5 percent
Authorization to Purchase School Buses, Yes: 301, No: 73, Passed 80.5 percent
Authorization to Establish a Facilities Improvement Reserve Fund, Yes: 296, No: 75, Passed 79.8 percentRunning for a Five-year Term on the School Board: John A. Cima, 335 Votes
Today is the day that residents of Genesee County are being asked to vote for school budgets and members of the board of education.
For the boards of education, we sent candidate questions to 17 school board candidates. Only four candidates answered the questions (noted below). For more information on rules aimed at silencing school board members see our story from yesterday Five school districts in Genesee County restrict speech for board members.
Here's available information for each district in Genesee County:
Alexander: Voters are being asked to approve a $17,704,810 budget with a tax levy of 6,154,675. Besides the budget, there are four other propositions on the ballot. There is one candidate for school board, Sara Fernaays, who did not respond to questions about her positions.
Batavia: From the district website: "The Board of Education, at their meeting on April 10, adopted a 2018-2019 school budget proposal to be brought to the Batavia residents for vote next month. The proposed budget presents a spending plan of $52,189,152, an increase of 4.65% over 2017-2018, but with slightly more than $2.1 million attributable to State aid through the Smart School Bonds Act. The projected tax levy increase associated with the proposal is slightly less than 2.4%. According to New York State's formula, this year's allowable tax cap for a simple majority vote in our District is 7.17%; the projected levy is 4.77% less than that cap." The school board candidates are Patrick Burk, Zachary Korzelius, and Shawna Murphy. None of the three incumbents responded to candidate questions.
Byron-Bergen: From the Byron-Bergen Newsletter: 2018-19 Proposed Budget The $22,998,010 proposed budget projects a 1.01% increase. The budget was balanced utilizing Fund Balance, Reserves, and various reductions in spending. The tax levy is at Byron-Bergen’s “allowable” tax levy limit (cap) of 2.77%. This will enable us to go out under law with a simple majority vote. There are two open school board seats and three candidates: Amy Mathisen, who responded to candidate questions, Deb List (Did not respond) and Bill Forsyth (Did not respond).
Elba: We couldn't find the district's budget information on its website. We were provided a link this morning. Here is a statement from the district's budget newsletter: "The proposed school budget for 2018-19 is in the amount of $9,720,931, an increase of approximately $447,000 (4.82%) over last year’s budget. Most of our increase will be reimbursed through an increase in State Aid and a local levy increase of $59,244 (2% over last year’s levy). " There is one candidate for school board, Candy Bezon, who declined to answer candidate questions.
Le Roy: The budget is $25,199,228 which is an increase of 2.77% or $678,510. The levy will increase by 2 percent, which is below the tax cap formula, and the rate will be $24.54. School board candidates are: William MacKenzie, Lloyd Miller, and Lawrence Bonacquisti. None of the candidates responded to our candidate questions.
Oakfield-Alabama: The school budget for 2018-19 is $20,250,350. There was no further information we could find on the district's website. There are two seats open on the school board and candidates are: Tim Edgerton (Click here for response), Lorna Klotzbach (Click here for response), and Douglas Esten (Did not respond)
Pavilion: We couldn't find budget information on the district's website. School board candidates are: John Banister (Did not respond) and Christopher Jeffres (Did not respond). UPDATE: We were told this morning the total budget is $17,485,851 and the proposed tax levy is $5,517,797.
Pembroke: The general fund budget is $22,284,632, an increase of $698,530 over this year. The proposed tax levy is $8,101,329. There is one school board candidate, John Cima, who did respond to our candidate questions (Click here for response).
For times and locations of polls, check with your school district.
Tomorrow voters throughout Genesee County will be asked to cast ballots for school board candidates in our area's eight school districts, although in many cases they will know little about the policy positions of those candidates because of school district restrictions on board member speech.
There are five school districts in Genesee County that bar school board members from publicly sharing their opinions on any school district issues -- Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, and Pavilion.
As The Batavian found over the past two weeks, these restrictions can even have a chilling effect on candidates who have not yet won a seat on a school board.
The first hint that these policies existed arose on April 23 when members of the Alexander Central School District Board declined to answer questions about policy issues in the district, citing a rule that required all statements to come from the district's superintendent, Catherine Huber, Ed.D.
That prompted an investigation by The Batavian into board member speech policies of all eight school districts in the county. We expected the Alexander policy to be an anomaly. But it isn't.
Five districts clearly prohibit school board members from making any public statements outside of a school board meeting.
School Board Candidate Questions
The Batavian sent five questions to each of the 17 school board candidates who are asking for your votes tomorrow. Only four returned responses.
Alexander Central School:
Batavia City Schools:
Byron-Bergen Central School:
Elba Central School:
Le Roy Central School
Oakfield-Alabama Central School:
Pavilion
Pembroke:
According to legal experts contacted by The Batavian, these policies likely violate the First Amendment rights of those school board members.
Robert Freedman, director of the state's Committee on Open Government, said he's run across these school district prohibitions before and he doesn't believe they would withstand a court challenge.
"Certainly, school board members should not be able to speak on behalf of the school board unless authorized," Freedman said. "But a school board member, like any other citizen of the United States, has the right, and should be encouraged, to speak on matters of public concern."
School board attorney defends speech restrictions
Jennifer Schwartzott, the attorney for the Alexander Central School District, defended her district's policy and said: "It has nothing to do with the First Amendment." She said state and federal law, along with regulations, commissioner’s decisions, and NYS case law support the position that only the superintendent can speak publicly.
NOTE: Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.
Schwartzott also represents Byron-Byron Central School District.
Asked for legal citations to support her claim, Schwartzott responded, "I am not going to provide you with free legal advice or do your research for you. The extensive statutory provisions of the Education Law and the corresponding regulations are available online if you wish to review them."
At her suggestion, we looked at articles 31, 35, and 37 of the state's Education Code and couldn't find a single sentence to quote that supports her assertion that state law prohibits school board members from expressing their personal opinions on matters of public interest.
Here's what Schwartzott said about the state law: "The Education Law dictates that boards of education must appoint Superintendents, and the Superintendents shall be 'the chief executive officer[s] of the school district[s],' and 'speak on all matters' on the districts’ behalves."
The question, however, isn't whether board members can individually speak on the district's behalf but whether they can publicly share their own point of view on issues of importance to the district.
New York's education law also says the "superintendent shall be under the direction of the board of education."
At her suggestion, we also searched for case law that supports Schwartzott's assertion that board member speech can be restricted and could find none.
We did find a case that confirms elected officials enjoy First Amendment protection for speech related to their elected duties.
Republican Party of Minn. v. White, for example, states, “The role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.”
We also found reference to a case in Arizona where a school board VP was demoted after criticizing the superintendent. A court ruled that the board had a right to pick somebody with opinions better aligned with its own views on policy matters but the former VP was allowed to retain his seat on the board.
We also couldn't find regulations nor commissioner's decisions that support Schwartzott's assertion. We spent hours searching through commissioner's decisions using various search terms and could not find any decisions that indicated school districts could restrict board member speech.
David C. Bloomfield, professor of Education Law at Brooklyn College and The CUNY Grad Center, whom we contacted with the help the Education Law Association, said he knew of no law or case law that prohibited school board members from answering the questions of reporters, or any other member of the public, or otherwise publicly sharing their own personal views on matters of public interest related to his or her school district.
“That’s protected First Amendment speech," Bloomfield said. “Individual board members cannot be prohibited from expressing their opinions publicly on district policies. They are not required to express their opinions but they may express their opinions as a First Amendment matter."
School Taxes
School board members make many decisions each year that affect the lives of local residents, including determining how much we pay in taxes. Here is a sampling of what percentage school districts take in local taxes.
He added, “A school board member can speak about their understanding of school district policies but should be clear they don’t individually speak for the school district. That is properly the responsibility of the board president or superintendent.”
Batavia, Elba, and Pembroke all have more permissive policies than the five districts that have essentially placed a gag rule on school board members.
Candidate questions
To test school board member's understanding of their district's policies on board member speech, we sent five questions to each of the 17 candidates for school board seats in tomorrow's elections. We sent the questions last Monday with a deadline of 5 p.m. Thursday to respond.
We received responses from only five candidates.
Four of those candidates answered the questions (see sidebar).
One candidate, and a current school board member, from Elba, declined to answer the questions even though Elba's policy appears to allow school board members to express individual opinions.
"Thanks for reaching out," said Candy Bezon from Elba CSD. "I think it's great that you're doing that. Being a current Board member, I wish to decline to comment at this time as our current policy is that any media communication should be directed to our Superintendent, Keith Palmer or Board President, Mike Augello. Thank you and I hope you're having a great day."
Palmer shared the district's written policy, which says in part, "The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen."
For the 12 candidates who did not respond to the questionnaire, we sent a follow-up request for comment Friday morning (we also sent a reminder email Thursday morning, ahead of the deadline) and inquired as to why they did not respond to the candidate's questions. Not one of the dozen who ignored the candidate's questions acknowledged the follow-up questions.
We actually communicated with one candidate seeking votes, Sara Fernaays, who is unopposed for school board in Alexander, through Facebook messages. She also did not respond. The prior week, The Batavian attempted to interview her after a school board meeting and she declined an interview saying she feared trouble with the school district if she spoke with a reporter.
Policies in Batavia and Pembroke
In our research to uncover specific school board policies for all eight school districts in Genesee County, we first contacted Pat Burk, president of the board for city schools.
Burk said the way he understood New York law, school board members could share their personal opinions but should be clear they are not speaking for the board. They also must be careful not to discuss confidential information, such as information regarding specific students.
There are state and federal laws that protect certain student information (but not all student information) from disclosure.
"They (board members) are allowed to give their opinion but it is only a personal opinion, it is not reflective of the Board," Burk said in an email. "Most Board Members should, of course, say something on an individual issue to the extent of, 'While I feel___________, this is a matter for the entire Board and together we support _____________. I stand by the Board's decision.'
"So with that in mind," he added, "many choose not to speak individually as it really doesn't carry any weight other than it is a personal opinion. I always tend to be pretty open about my personal opinions on school matters as long as they can be discussed, but I am very certain that the person I am speaking to realizes that it is a personal opinion and not the decision of the Board."
We were surprised, then, when Burk, as well as the other two school board candidates (Zach Korzelius and Shawna Murphy) in tomorrow's city schools election, did not respond to our questionnaire. Nor did any of the three acknowledge our follow-up email.
When they failed to respond, we followed up Superintendent Christopher Dailey, who also said school board members were free to express their own opinions on matters related to the school district so long as they protected confidentiality, though it is best to refer questions to a designated spokesperson.
"For District policies and issues that our BOE votes on, the Board practice is to have a spokesperson to share the result of the decision of the Board, if asked by the media," Dailey said.
The other school district in Genesee County that does not restrict board member speech is Pembroke.
Superintendent Matthew Caledron engaged in a transparent and lengthy email exchange with The Batavian about the issue.
Calderon said he believes board members in Pembroke would abide by the policy that questions from a reporter be funneled through the superintiendent; they are not prohibited from sharing their personal opinions on matters before the board.
"I am the official spokesperson, and at Board meetings, it is the Board President," Calderon said. "Individual Board members cannot speak on behalf of the Board or District, and if an individual board members wished to share their personal views with a reporter (or anybody else), while they have the constitutional right to do so, they would probably opt not to do so because most matters are best left to the superintendent or Board President to discuss."
In Calderon's first email response to The Batavian, he pointed us to policy guidelines from the New York School Boards Association that recommends school boards have a designated spokesperson and that individual board members only speak publicly when they make it clear they are expressing their own personal opinion.
From Calderon's email quoting NYSBA policy guidelines:
... when making statements to stakeholders, the public or the media, school board members have a duty to distinguish personal opinion from the established policy or articulated views of the board. Only the board as a whole, or its designee, has authority to speak for the board. Therefore, whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.
One of the four candidates to answer our candidate's questions is John Cima, school board president, and the only candidate on Pembroke's ballot.
What's interesting about Pembroke's more permissive policy is the law firm Osborn, Reed & Burk LLP represents Pembroke, according to the district's minutes for its 2017-18 organizational meeting. Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, who has defended the speech restrictions in those districts, is a partner in that Rochester-based law firm.
School districts that restrict speech
Here is an overview of the responses we got when we surveyed school district's on their policies:
Alexander: Their policy was uncovered through prior coverage, which sparked this investigation.
Byron-Bergen: Superintendent Mickey Edwards said "I am the official spokesperson for the District per my contract and Board Policy. 'All statements of the Board will be released through the Office of the Superintendent...' An individual Board member should not make public comment on District matters."
Le Roy: Superintendent Merritt Holley said: "Our Board Policy states #3110, 'All statements of the Board will be released through the Office of the Superintendent and/or District Clerk.' For Le Roy CSD, this policy would direct all statements or questions from the Board to come through my office for publication."
Oakfield-Alabama: Board President Kimberly Staniszewski responded to our inquiry and stated: "All communication is delivered to the media by our school Superintendent or his/her designee. No board member is permitted to speak to the media unless authorized to do so by the Superintendent. I have attached Oakfield-Alabama media policy #3110." The attached copy of policy #3110 is about news releases and is moot on the question of whether board members are entitled to their own publicly shared opinions. Nor does it explicitly direct board members to refer questions to the superintendent. We requested clarification from Staniszewski and did not get a response.
Pavilion: Board President Marirose Ethington responded by quoting the district's policy manual: "As the official spokesperson, the Superintendent or his/her designee shall issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk. Identifying a media spokesperson who will be briefed on all details. This spokesperson shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and maintain a timely flow of information to the media."
Policies elsewhere
The Batavian performed a deep search of online resources to find any legal support for speech-restriction policies and could find none. Where we did find school boards and school board associations that address the issue, the common theme is: School boards should have an official spokesperson and emphasize that school board members are free to answer questions for public review but should emphasize they are speaking for themselves only.
In Ohio, for example, the Ohio School Board Association says: "Dealing with the news media can be intimidating, but responding to journalists is an important responsibility of school board members and administrators."
Stacy Bogard, a public relations specialist advising the Michigan School Boards Association wrote in a column, "you’ll want to do whatever you can to ensure that the media receives openness, honesty, accessibility and trustworthiness from every member of your board and administration."
Even the National School Board Association says that part of a school board member's job is talking with the media.
There have been a couple of attempts we found around the nation of school board members pushing to prohibit other school board members from talking with reporters and in those articles, attorneys and school board associations tend to agree such policies are unconstitutional, such as in New Jersey.
Janet Bamford, a spokesperson for the New Jersey School Boards Association, confirmed in a statement to the Herald on Friday that board members do indeed have that right and do not forfeit their First Amendment rights when serving on a school board.
"Typically boards, as a best practice matter, will designate someone to be the spokesperson for the district, usually the board president and the superintendent," Bamford wrote.
"However, school board members retain their First Amendment rights to comment on anything; however, they must make certain that it is known that they are only speaking for themselves, and not on behalf of the Board of Education."
In Houston, it was school board members who complained that district policies violated their free speech guarantees.
Local government reaction
Over the past two weeks, as we discussed these policies with elected officials in local government, they expressed surprise that such policies existed in local school districts, especially when school districts take such a large chunk of tax revenue from local property owners (see sidebar).
We asked Bob Bauch, chairman of the Genesee County Legislature about it, and he was just as shocked as everybody else and has a hard time believing it's actually true.
“I just can’t imagine a basis for that, if, in fact, it’s true -- that you could possibly tell an elected official they cannot talk to the press, particularly during an election campaign when they’re up for office,” Bausch said.
The way Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, sees it, school board members speaking at sparsely attended school board meetings should be sufficient for the public to understand their thinking on issues of public interest.
"The Education Law also confirms that in their individual capacities school board members do not have any greater power than other community members," Schwartzott said. "Their power to exercise their board duties arises when they are collectively assembled as a board, as is the case with most boards in municipal and even corporate settings. Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions."
NOTE: Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.
At school board meetings, members of the public, of course, are generally prohibited from entering into a dialogue with board members during board discussions to better probe each member's thinking on issues.
Bausch said he understands the need of reporters to ask questions after a meeting and thinks it is simply part of the process of informing the public.
“If you believe in a free press and public elections, I don’t see how you could possibly say you can’t talk to the press," Bausch said. "I mean, I could say something at Ways and Means that I’m going to vote a certain way and I and the other legislators could all agree and then vote.
"That doesn’t necessarily explain to you in any way what my thinking is on why I voted the way I did. It happens all the time, you could say, ‘I understand your vote but could you explain it to me?’ That’s your job if you’re going to represent yourself as a news person or a reporter or a member of the public.”
The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires.
This is the response from John Cima, the candidate lone in the Pembroke Central School District.
1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?
The Board voted unanimously to approve the proposed budget and we collectively support every part of it. We have had many discussions during the school year where we analyze budget items as a corporate body and made decisions based on that data. All board members are heard and we talk through any sticking points and concerns to reach consensus as a group. The proposed budget being presented to voters is one that all board members support without reservation.
2. Are teachers in your district compensated adequately?
Collectively, I believe if you ask our teachers, they will tell you that Pembroke is a special place to work! As long as I have been serving on the Board we have looked at the District as a school district of opportunity for both students and staff. Being a rural school district we sometimes find ourselves having to do more with fewer resources than wealthier districts. Our teachers have risen to the occasion with creativity and a strong resolve. Our Board, I believe has done the same. While our teachers are not compensated as much as our neighbors in Erie County, we have worked hard to offer competitive salaries, and we are extremely pleased with the academic and extra-curricular achievements they have accomplished with our students.
3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?
Safety and security are paramount and communication to parents is ongoing. When threats of violence occur, our school officials work closely with local law enforcement to determine the best course of action, including communications to parents, on a case-by-case basis depending on the circumstances.
4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?
Yes. I hope that parents trust in the policies the Board has put in place to ensure open lines of communication when they have a complaint or concern. Sometimes parents are just looking for direction. I believe our Board has developed a policy that allows for open and honest dialog along with a proper chain of command. In most cases, this has led to the de-escalation of situations and rational solutions being agreed upon by all parties.
5. What two books published since The Enlightenment have influenced you the most?
I have read a lot of books and it would be too difficult to choose which two have influenced me the most. However, if you were to ask me why I wish to continue serving on the Pembroke Board of Education I will tell you that I have been influenced by a school district and community that is open to exploring OPPORTUNITY. Our students deserve the best that we can provide when it comes to their respective educations. Our role as a school board is to set policy that ensures that this happens in the most cost-effective, efficient, resourceful, and creative way as possible.
The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires.
This is the response from Amy Mathisen, a candidate in the Byron-Bergen Central School District. Neither of the other two candidates, Deb List or Bill Forsyth, responded.
1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?
I support Byron Bergen's budget. I would change the constant decrease in aid for schools. Unfortunately, there are some variables that can not be changed, such as retirement, and teaching salaries. I was not involved in determining the budget, as I did not attend the meetings they had, mostly because I did not know they were occurring.
2. Are teachers in your district compensated adequately?
That is a loaded question and I an split on this topic. I think there are some that are under-compensated and others that are over-compensated. In my opinion there needs to be a way to determine an effective teacher, through confidential peer reviews, student reviews, and teacher reviews. I always reviewd my kids teachers thru elementary school by sending a letter to the superintendent. I do encourage other parents to do the same, not just in the bad years, but on the good years as well.
3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?
Yes, I feel our school is safe. As far violent threats by a student there is a fine line there. I would hope our board would be notified and they would handle the situation appropriately.
4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?
Personally, yes I am satisfied with how complaints are handled at the district level. The superintendent is always very receptive to feedback and the board members I have brought issues to have taken steps to make changes, based on the complaints.
5. What two books published since The Enlightenment have influenced you the most?
I really am not a book reader. I am a here and now person; however, I am a quote girl and love Albert Einstein.
Copyright © 2008-2022 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
