City Schools

While pleased that the Batavia City Council voted to support the My Brother’s Keeper initiative designed to help boys and young men of color with their academic progress, Batavia City School District Superintendent Anibal Soler Jr. believes that some clarification about the program is warranted.

“Regarding the My Brother’s Keeper story (that was posted on The Batavian on Tuesday – the day following the City Council meeting where the measure was discussed at length before passage), I believe there was some unfamiliarity with what the grant was requiring and the tight timeline for submission to the New York State Education Department created some additional angst,” Soler said.

According to documents provided to Council members by Interim City Manager Rachael Tabelski, the school district came to the city, seeking a municipal partner in order to apply for the NYSED grant, with a Feb. 1 deadline being set for this year’s grant cycle.

Goals of the program, an extension of an initiative promoted by former President Barack Obama several years ago, include forging teacher/community relationships to address learning needs at every grade level; enhancing family relationships; creating a culturally diverse and engaging atmosphere for learning; and utilizing school, family and community to provide the best opportunities for academic, social and emotional growth.

As explained by Tabelski in a memo to City Council, the city’s role would include advertising the MBK program, providing public meeting room space, and providing mentors and homework assistance at the Liberty Center for Youth afterschool program.

Soler said he followed up with City Council President Eugene Jankowski Jr. after the meeting to “clarify any confusion or answer any additional questions he may have had, and thanked him for his support.”

“The MBK grant is supplemental funds to support the district's efforts on increasing the academic achievement and college and career readiness of boys and young men of color by sustaining effective relationships with families,” Soler said. “The grant doesn't obligate the city for any services; it just allows them to endorse and or partner in our efforts to pursue this funding opportunity and if we receive this grant we would be able to supplement any city efforts on family and community engagement.”

Jankowski, during Monday night’s meeting, said he was concerned about the last-minute timing of the grant and also about the cost to the city, especially considering that city officials are in the midst of developing the 2021-22 budget.

The city council president ultimately voted in favor of supporting MBK as did the other Council members in attendance, except for Rose Mary Christian, who said she was going to contact the Civil Liberties Union about the legality of an initiative that targeted a specific group.

When asked why he voted in favor of it, Jankowski said he believes the program has merit, but needed “to understand how this would impact our community, and there was a tight time deadline.”

“After doing some research, getting some answers during the Council meeting and the reassurance of Council Member Patti Pacino, a retired teacher, I felt comfortable voting yes,” he said.

When it was mentioned that it seemed to be something that the school district and Genesee County were negotiating over originally, Jankowski said he wasn’t sure of that, but is “hopeful that the city/school partnership for this program will turn out to be a positive one.”

Christian, contacted this morning, said she did call the CLU but did not receive a response.

“I just felt bad because they didn’t include girls,” she said. “It doesn’t matter what nationality they are or what heritage, it just didn’t include them. Like (Council Member) John Canale said, it’s for Hispanic, people of color, the Black community – that’s fine – but what about Caucasian?”

Christian said students across the cultural spectrum need help “and our teachers should be available to give as much help as possible to all that need it.”

Previously: Council members voice objections but vote to support My Brother's Keeper school initiative

It has been seven years since public school students cracked open a textbook at the Robert Morris building on Union Avenue in Batavia but the Batavia City School District superintendent is thinking it's time for that to change.

Anibal Soler Jr. suggested to the Board of Trustees on Monday night, along with a facilities consultant who made a presentation during the Zoom conference meeting, that Robert Morris is being underutilized; that there are space constraints elsewhere in the district, particularly at the middle school; and without students at Robert Morris, the building is a financial drain on the district.

"We wanted to throw something out there to get your mind working," Soler told the trustees. "We know we’ll have some fiscal challenges but to maintain a building that we don’t get anything for and we have to keep finding tenants as we do at Robert Morris, I think we have to start thinking about that, especially when we know the middle school is extremely packed right now."

In 2012, city schools consolidated their five schoolhouses into four -- Jackson Elementary, John Kennedy Primary, the middle school and the high school -- with Robert Morris becoming home to a couple of school programs with space available to tenants. The building has been generating $100,000 annually in lease payments for the district. That revenue will drop to $36,000 in the coming fiscal year. One tenant currently in the building is leaving once its lease expires in June. 

Meanwhile, because there are no students in the building, the district cannot receive state aid for any maintenance or improvements needed on the structure, Soler said.

The future of Robert Morris came up during a presentation by Richard Little and Brian Cieslinski, of SEI Design Group. The architectural firm was hired by the district to fulfill a state mandate to do a facilities review every five years.

The state requires each school district to go through these periodic reviews because identification of issues at school facilities helps the state's education department budget for aid to school districts.

SEI identified more than $40 million in maintenance issues that need to be addressed within the next five years.

“This looks daunting as far as a $40 million sum," Cieslinski said. "I would tell you, statistically, (compared to) a lot of our school districts this is actually a very good list. You’re maintaining your buildings very well."

The list includes items such as:

• Jackson School
  • Improving accessibility to comply with the Americans with Disabilities Act
  • Replacing rooftop heating, ventilation, and air conditioning units
  • Installing an emergency generator
• John Kennedy School
  • Improving drainage
  • Replacing broken or cracked concrete slabs
  • Accessibility
  • Moisture mitigation in the gym
  • Upgrades to the alarm and PA systems
• Middle School
  • Exterior brick restoration
  • Moisture in the gym walls
  • Accessibility
  • Fire barrier in the auditorium
  • Installing an emergency generator
• High School
  • Locker room renovations
  • A boiler upgrade
  • Moisture mitigation
  • Lighting upgrades
  • A new public address system
• Robert Morris
  • Brick repairs
  • Window replacements
  • Accessibility
  • An upgrade to the fire alarm system and PA
  • An emergency generator

SEI delivered to the school district a thick binder that listed these items and many more that were ranked from 1 to 5 by priority. It will be up to district officials to figure out how best to prioritize these items over the next five years.

Board President Alice Ann Benedict asked if the conversion of Robert Morris back into a school is something that will be part of the upcoming budget discussions. Soler said, no. The conversion and reassignment of students will be a significant planning issue. It will take a lot longer than a couple of months to pull together and it also needs to involve discussion with the board, administrators, teachers, parents, and other community members.

Little did present one suggestion under consideration: Moving two classes of students out of the middle school -- possibly to Robert Morris, and then relocating district offices to the middle school. That would free up space at the high school, possibly for expanded STEAM (Science, Technology, Engineering, Arts and Mathematics) education, as well as accommodate students in the future who might do better with remote learning even in a post-COVID-19 education world.

Soler was quick to emphasize that is just one idea and that more ideas need to be explored with community input.

The Board of Trustees for Batavia City School District has adopted a new public communications policy that Superintendent Anibal Soler Jr. characterized at this week's meeting as allowing more public input into board decisions and discussions.

The initial idea for drafting a new policy came from board President Alice Ann Benedict in October. At that meeting, Soler suggested running any proposed policy change through a subcommittee.

The proposed policy came to the attention of attorneys at the Cornell Law School First Amendment Clinic, who drafted a letter to the school district expressing concern about some of the proposed changes, which Attorney Heather Murray said could run afoul of the First Amendment.

In the new policy, the school district seems to have heeded the advice of the clinic.

In the initial draft, a paragraph prohibited public discussion of individual district personnel and students. Murray said this policy would prevent members of the public their right to criticize public officials. She cited a case involving a school board in Virginia where similar language was struck down.

The new policy does not include language prohibiting discussion of individuals.

The original draft also indicated, “Obscene language, libelous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated.”

Murray informed the district this language was overly vague, noting that a basic tenet of the First Amendment jurisprudence is that speech cannot be restrained in anticipation of libel. She said the appropriate remedy for an alleged libel is a civil suit for money damages.

She also said, "Second, the quoted language as a whole, and in particular 'other forms of prejudice,' is impermissibly vague and provides too much discretion to the Board to restrain certain viewpoints. Further, because these terms are not well defined and left to the determination of the Board President, there would likely be a chilling effect on public speech at Board meetings.

The final policy alters the language from the first draft, too, "All speakers are to conduct themselves in a civil manner. Obscene language, threats of violence, statements advocating racial, religious, or other forms of prejudice on the basis of protected class will not be tolerated."

Federal and state law establishes what constitutes a "protected class" when it comes to discrimination.

The board did retain a requirement that people wishing to speak at meetings first fill out a form, that includes a request for identifying information. Murray's letter suggested requiring people to identify themselves violates the state's open meetings law. However, the new policy does strike a proposal giving the board president the ability to rule on what topics were "generally appropriate." 

Murray noted that giving the board president power to silence people on certain topics prior to them speaking would constitute unlawful prior restraint.

Previously, Benedict had suggested the questions submitted by the public for the board be prescreened. Murray recommended against such a practice since it could constitute viewpoint discrimination and that pre-writing answers to questions submitted prior to the meeting could violate the open meetings law.

Overall, Murray said today she is pleased that the board seems to have listened to the clinic's recommendations.

“The Board’s decision to make revisions to the proposed policy prior to its adoption is a great example of elected officials making decisions with input from the public," Murray said. "Providing the opportunity for members of the public to address school board members on matters of public concern is critical to maintaining trust during this unprecedented time for us all.”

Batavia City Council members called out the Batavia City School District over the timing and the focus of the My Brother’s Keeper initiative on Monday night -- following a somewhat strained 25-minute discussion – before approving a resolution to support the program designed to enhance educational and vocational opportunities for boys and young men of color.

“What have we been doing for five years if we knew this and why haven’t we been helping these children five years ago?” asked Council President Eugene Jankowski Jr. during the board’s Conference Meeting at City Hall Council Board Room.

Jankowski was referring to the My Brother’s Keeper program introduced by former President Barack Obama about six years ago.

“If I remember correctly, President Obama brought this to light in 2014-2015 and New York State adopted it in 2016, and now you’re telling me the studies already show that we have youth in our own community that are identified as having concerns or troubles, and they’re not at the same level?” Jankowski said.

“What are we doing in the school system right now to help these kids – persons of color or others that may need it – and why are we waiting a week before the deadline and trying to force this through without public input when we knew about this in 2016 since this grant was out there?”

Jankowski said his concerns centered upon the amount of money the city would be required to support the initiative through mentorships and homework assistance at the Liberty Center for Youth afterschool program and if it was really necessary since the school district is responsible for educating its pupils.

“How did we drop the ball on this especially, although it’s not your concern, (since) I get complaints from people all the time about why their taxes are so high and the school taxes are a major part of it,” he said. “And they’re expecting a service for the children of our community and I’m a little upset that we’ve not done anything for five years for these kids.”

Christian: What About Girls, Other Students?

Prior to Jankowski’s observations, Council Member Rose Mary Christian objected to the program’s targeted focus on boys and young men of color.

“How come girls aren’t included in this and all students?” she asked, directing her query to Julia Rogers, assistant principal at Batavia High School, who was in attendance. “You’re singling out a group.”

Rogers said the program is based on data that shows that students of color – children, young men – do not have the same opportunities as other groups.

“It would be one of those programs that is focused for students of color but a lot of the ideology … for instance, the mentorship – we would be continuing with other students,” she said. “My Brother’s Keeper is a program that is offered through many districts, and basically, it shows a partnership to help these students in Batavia.

"Our numbers in the UPK (Universal Pre-Kindergarten) program are low for students of color. And to work with families from birth to school age to encourage that education and teaching how to educate your children at home. There are a lot of components to that mentorship.”

Rogers said services would be provided throughout students’ school years and could “lead to educational opportunities at the college level and also to business opportunities.”

“So, it’s basically bridging that gap – interagency possibility – for students to have opportunities,” she added.

While acknowledging Christian’s viewpoint, Rogers said that “in reality, those students are the ones who are having difficulties, and there are major gaps for those students.”

“So, what we’re looking for is to have this program and to be able to bridge from it so that our students in all aspects of school … can have a better opportunity.”

Christian wasn’t persuaded, however.

“You’re going to allow anyone to participate because if not, I find it discriminating and it bothers me,” she said. “I’m not a racist person by no means, and this bothers me. So, otherwise, I am going call tomorrow to the Civil Liberties (Union) because I want to make sure that there’s nothing that anyone is denounced in here for any person.”

Tabelski: Municipal Support Required

Interim City Manager Rachael Tabelski proposed the city join forces with the school district in a memo dated Jan. 22, and emphasized that the grant had to be submitted by the end of this month. That’s why it was on the agenda of both the Conference and Special Business meeting that followed last night.

She said that the district obtaining a municipal partner was one of the requirements set forth by the New York State Education Department.

“The program, from my understanding of it … is to support residents of color from birth to graduation of high school to achieve better outcomes through mentorship, through community involvement, through college preparation and all other aspects,” Tabelski said. “It is a targeted program; it’s new for Batavia. I don’t believe we ever had this before and we’re asking that the city sign on and say, ‘Yes, we support this and we think it’s a good idea.’ ”

Tabelski said that the city’s commitment would include advertising on its bulletin boards, introducing students to other community groups they might need to partner with, providing opportunities for students to meet with mentors at the Liberty Center for Youth and providing the homework assistance “that we do at our free afterschool program when it is running at Liberty Center for Youth.”

She also revealed that initial talks about the grant were between the school district and the Genesee County Youth Bureau.

“There was once a conversation with folks from the County Youth Bureau and the youth director. I came in last minute, so forgive me. I’m just trying to help them move this through,” she said. “But originally the plan was to partnership mainly with the county-run programs – the Youth Court and the Youth Leadership program … and to let them know that the city – we do direct programming, we don’t actually run those programs although we participate.”

Tabelski said the agreement was amended to highlight the city’s potential involvement.

“I am the one who suggested that these programs would be something that we would be willing – the City as we move forward, depending on COVID, depending on budget, depending on staffing -- to partner and to allow that center to be a place where the mentors and mentees, and homework can continue to happen.”

Bialkowski: Who Will Provide Homework Help?

Council Member Robert Bialkowski, citing the city’s role in the partnership that includes providing homework assistance, asked who would be providing this service.

Tabelski responded that the city already does this at the Liberty Center for Youth.

“So, whether we contract with the contracting agency in the (proposed) RFP (request for proposal) or we have our own city staff there, it’s already going on. It’s a continuation of what we already are doing,” she said.

Bialkowski then mentioned that city youth services are on hold at this point, and suggested language in the contract that shielded the city from financial obligations if the money wasn’t there.

“We could certainly add that language in there,” Tabelski said, but City Attorney George Van Nest disagreed, saying he didn’t think it was necessary because any private sector agency (or an entity such as a school district) would be subject to any government restrictions in place.

Jankowski said he thought it was “odd” that the school district is the fiscal agent but was asking the city for in-kind support.

Rogers replied that the district already has a “multi-care system approach” to education and mentioned its “great graduation rates.”

“This is another program that we felt would assist us as a school district and as a community to bridge that gap and offer more opportunities to students,” she explained. “It is a program that helps bridge the gap and enhance and cultivate those educational, workforce opportunities for students.”

Jankowski: Why is This Being Pushed Through?

Jankowski noted the school’s budgetary shortfall and, again, questioned why this was “getting pushed through tonight and we haven’t even done our budget yet. We’re voting on this resolution to partner in a grant and these things might not be here.”

Council Member Al McGinnis called it an important issue and encouraged public input before voting to support it.

““We need public input on this. I don’t think we can proceed without having public input, and I’d like the language changed to say all children,” he said.

Again, Jankowski voiced his displeasure with the last-minute notification that put Council on the spot.

“The timing is the problem here,” he said. “We don’t even know what our budget is like. As far as supporting it and moral support … I’m comfortable with that part of it. I don’t know where we’re going to end up from here (with the budget). I don’t what them to apply for that grant and then something comes up beyond our control, and now we’re not able to meet our obligations.”

Council Member John Canale asked Tabelski if there would be any additional cost to the city once the youth center gets up and running. Tabelski said there wouldn’t, prompting Canale to urge his colleagues (Jeremy Karas and Paul Viele were absent) to vote to support it, contingent upon available funding.

That seemed to change Jankowski’s mind as he then commended the program’s priorities and benchmarks, while noting that “people of color” encompasses a larger group of people than just those of African-American descent.

Pacino: If We Can Help, Then Let's Help

Then Council Member Patti Pacino, a longtime educator, spoke in favor of the initiative.

“For all this time, before this came along, we take care of kids who come from families who are Muslim, kids that come from parents who only speak Spanish, kids that come from Black families that have no money. That’s all been going on,” she said. “Now, we can say wait, here’s another program that we can add to our programs.”

“Yes, this one belongs to Black young men that happens to be one where these kids are having problems and these kids are getting into trouble. That does not mean that other kids aren’t. It’s an expansion – one more great thing to do for kids. I’m all for saying we support it and we’ll come up with the money if we can come up with the money. It’s not that we’re taking it over, and it’s not that they haven’t been doing it.”

After Jankowski asked how many students would participate in the program (Rogers said she estimated around 100), Canale said this was an opportunity to “invest in our youth to improve our youth in Batavia -- some of these underprivileged, underserved youth that will stay in Batavia, (and) will be more productive community members as they become adults.”

The resolution was then moved to the Special Business meeting where Christian tried to proposed an amendment to include girls and any students of any color.

That was dismissed, however, due to the parameters of the My Brother’s Keeper initiative.

A vote to support the school district was taken with all Council members except Christian voting in favor of it. McGinnis said he was voting yes, “with reservations.”

In other action, Council:

• Forwarded resolutions concerning the 2021-22 budget ordinance and tax levy; establishment of new water rates, meter fees and capital improvement fees, and amendment of the Batavia Downtown Business Improvement District Plan to its Feb. 8 Business meeting, with expectations that public hearings for all these measures by scheduled for 7 p.m. Feb. 22.

Currently, the budget calls for a 1.38-percent increase in the property tax rate, from $9.59 to $9.73 per $1,000 of taxable assessed value, with a tax levy of $5,864,597.

A budget workshop took place following last night’s Business meeting and another is scheduled for 6 p.m. next Monday.

Water rates and quarterly meter service fees are projected to increase by 3.5 percent, with quarterly capital improvement fees increasing by 10 percent.

Amendments to the BID Plan focus on three capital projects in the pipeline for 2021-22 -- downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000) – and the amount of the BID’s assessment charge to its members.

• Set a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

Tabelski said the city is looking at obtaining grant funding for “several infrastructure projects,” specifically mentioning rehabilitative work at the fire station and bureau of maintenance, and a water line project.

• Appointed Lydia Schauf, a former city youth bureau employee, to the City Youth Board advisory group for a term extending through Dec. 31, 2023.

Update: Jan,. 25, 2 p.m.

Please be advised that Batavia City Council will be holding the 2021/22 budget work sessions on the following dates:

Monday, Jan. 25, 7 p.m. -- Conference Council Meeting, Special Business Meeting &  Budget Work Session (Department of Public Works)

Monday, Feb.  1, 6 p.m. -- Budget Work Session (General Gov’t, General Admin Services, Fire & Police)

Wed., Feb. 3, 7 p.m. --If needed – 3^rd Budget Work Session

Monday, Feb. 8, 7 p.m. --- Business meeting, introduce budget ordinance

Monday, Feb 22, 7 p.m. -- Conference Meeting, (Last opportunity to make budget amendments)

Monday, Mar 8, 7 p.m. -- Adopt Budget and Related Resolutions.

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The process of achieving a 2021-22 spending plan for the City of Batavia is expected to move forward on Monday night with the introduction of resolutions to schedule public hearings on the budget ordinance and establishment of new water rates, meter fees and capital improvement fees.

City Council is scheduled to meet in Conference and Business sessions at 7:30 p.m. Monday at the City Hall Council Board Room.

In a memo to City Council dated Jan. 14, Interim Manager Rachael Tabelski indicated that public hearings are necessary prior to any execution.

Tabelski is proposing that the budget and water rates resolutions, along with a third resolution dealing with amendments to the Business Improvement District Plan, be considered at Council’s Feb. 8 Business Meeting and that public hearings be set for 7 p.m. Feb. 22 – the date of Council’s next Conference Meeting.

Earlier this month, Tabelski proposed a 2021-22 tentative budget – a $27.7 million all-funds spending plan – that calls for a 1.38-percent increase in the property tax rate (from $9.59 to $9.73 per $1,000 of taxable assessed value). According to a resolution on the table for 2021-22, the amount to be raised by taxes is $5,864,597.

Tabelski has said that a combination of revenue losses due to COVID-19 and decreased sales tax and state aid have resulted in a $1.2 million gap compared to the previous fiscal year.

In the area of water and meter fees, the resolution introduces a local law to establish new rates, with water rates and quarterly meter service fees going up by 3.5 percent and quarterly capital improvement fees increasing by 10 percent.

Changes to the BID Plan, outlined in red in Council’s packet of information, indicated that the BID has about $260,000 in its capital infrastructure fund to be used for capital projects. Three such projects earmarked for 2021-22 are downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000).

Other amendments show that the BID’s district assessment charge (a revenue source) – excluding debt service – can’t exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID. Thus, it is currently estimated that that figure is $58,000, and the BID’s assessment is estimated at $1.810873 per $1,000 of assessed value.

Other items of note on this Monday’s Conference Meeting agenda:

• Review of the draft report presented by the City of Batavia Police Collaboration Advisory Stakeholder Group, which has met several times in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Tabelski is suggesting that Council look over the plan and issue it for public comment, and then move it forward to the March 8 Business Meeting where she and Police Chief Shawn Heubusch will review the public comments with Council, prior to the board adopting the plan and sending a certified copy to the New York State Office of Management and Budget.

• A request by the City of Batavia School District for the City to support the district’s application for funding that the My Brother’s Keeper Initiative, a NYS Education grant program.

In a memo dated Jan. 22, Tabelski wrote that the partnership is designed “to increase the academic achievement and college and career readiness of boys and young men of color.”

The memo indicates that the City will support the program, provide “parent engagement and education, mentorship, college and career pathways, and other evidence-based strategies,” provide display space on bulletin boards and brochure racks, provide ADA-accessible public meeting room space, provide mentors at the City’s Liberty Center for Youth afterschool program, and provide homework assistance at the Liberty Center for Youth.

• A resolution to schedule a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

In a memo dated Jan. 22, Tabelski explained that proposals must meet at least one of two national objectives – at least 51 percent of the persons who would benefit from implementation of the plan are low- or moderate-income persons or the plan addresses a slum or blighted area in the community.

She wrote that the City is reviewing possible projects that align with its strategic plan, primarily infrastructure ventures related to water, wastewater and facilities.

Tabelski is suggesting that both the My Brother’s Keeper and the CDBG resolutions be moved to the Business Meeting this Monday night due to timing issues.

The Batavia City School District is asking families to make a final selection of which learning model — in-person hybrid or 100-percent remote — they want for their children in preparation for the start of the second semester of the 2020–21 academic year amid the COVID-19 pandemic.

In a Jan. 13 statement from the district, Superintendent of Schools Anibal Soler Jr. requested that families submit changes to their students’ learning modalities by Jan. 22. He said that this deadline will afford the district enough time to make adjustments to academic programming and transportation services before the semester begins Feb. 1.

“It may not change our numbers a lot, but at least we know moving forward that that is the final in-person hybrid and the final remote rosters that principals could use to kind of lock in the rest of their year,” Soler said at Monday night’s Board of Education meeting.

Families that would like to select a different learning method for the semester should complete the second semester Learning Model Form for each child in their household who seeks the change. Requests for changes can also be made via phone call to students’ respective schools. Those who do not want to modify their students’ academic format do not need to take action.

This survey process aims to strengthen the teacher-student experience for both in-person hybrid learners and remote learning students. The statement said that this learning model selection will allow teachers and administrators to plan more effectively for a stable end to “a difficult and fluid” school year.

“We don't want to burn out our teachers because they've already flip-flopped so much in the way that they teach,” Board Member Tanni Bromley said. “So if they can have a consistent roster, it would be easier for them to decide how they're going to move forward.”

The district’s in-person hybrid students shift between receiving face-to-face and at-home online instruction based on the cohort they are in. All remote-only learners complete their classes entirely in a virtual setting. Board members said at Monday’s meeting that some families have switched between these models multiple times throughout the first semester.

“Consistency for the student is probably best, too, in that if a parent chooses one, then it would be best to kind of ride that out,” Board Member Shawna Murphy said. “Get them through this year and hopefully we won't even be dealing with this next year. But the flip-flopping for the kid isn't good either.”

As of Jan. 15, BCSD reported that 92 individuals, on or off campus, among its students, teachers and staff members are currently testing positive for COVID-19. The district’s statement noted that it may need to transition to 100-percent virtual instruction for all students if an issue related to COVID-19 arises during the second semester. 

BCSD previously switched to fully remote instruction from Dec. 7, 2020 to Jan. 4, 2021 because of staffing shortages related to a rise in positive COVID-19 cases among its students, teachers and staff, and throughout Genesee County. An influx of family requests to move children from hybrid to remote learning was cited as a challenge the district faced in the days leading up to this switch.

“All of our teachers are feeling burned out,” Soler said. “I mean it is tough to navigate this virtual and remote, and it's just a harder year. So our teachers are working like maniacs. They're planning. They're trying to prepare.”

Changes to instruction methods will take effect Feb. 1 and remain in place for the duration of the school year. However, according to the statement, a student’s school may contact parents and guardians at any time during the semester to suggest a modification to the child’s learning format to accommodate their academic needs.

In terms of exceptions to learning model commitments, Soler said he wants families to understand “that if there's a situation that comes about, that they would need to go through their principal first, prior to seeking approval to change, but that only extreme extenuating circumstances would be considered.”

A mandatory quarantine period does not alter the second semester learning method of an in-person hybrid student who tests positive for COVID-19 or has been in close contact with someone who receives a positive test result.

“If that child is quarantined, then he has to go out,” Board Member John Reigle said. “If they test positive, they're out for a certain period. But that person committed to in-person [instruction]. Once they're cleared, they can come back.”

Board members expressed optimism at Monday’s meeting about the sense of normalcy and ease of mind that the second semester learning model selection can potentially bring to everyone.

“To kind of know what's going to be happening for the rest of the school year in February, I think that's a good thing because it's kind of getting back to normal,” Murphy said. “Regardless of what you choose, it's going to stay the same.”

The next board meeting will be livestreamed at 6:30 p.m. Jan. 25 on the school district’s Board of Education YouTube channel.

Jackson Primary School is striving to create "Magical Moments" for families in its community in partnership with the Genesee County Sheriff’s Employee Association. The association has donated gifts for 10 family experiences. Every student will be entered into a drawing to win one of the gift packages. 

"During these uncertain times, we know family is so important," said Principal Maureen Notaro. "With the help of some elves who shopped for all of these families experiences, we have created 10 'Magical Moments' for families to enjoy together. Some of these experiences include sledding, painting, and family movie night. We supported local restaurants and businesses whose owners go out of their way to give back to our school community."

Sheriff William Sheron Jr. will draw the winners at our “Jackson Spreads Joy” event on Monday at 5:30 p.m. You do not need to be present to win. Winners can pick up their prizes on the next day at Jackson Primary between 8 a.m. 4 p.m.

Submitted information and video.

“The Twelve Days of Christmas” have taken on a new meaning for Batavia City School District Superintendent Anibal Soler Jr., who has had to make the difficult decision of implementing 100-percent virtual learning at all four district buildings prior to the holiday break.

“I think these 12 school days off (Dec. 7-22) will allow us to get a little bit of the staff back and hopefully limit the number of people needing to quarantine since there are no kids in the building and there are no additional staff members needing to congregate or walk by each other or be in the same place,” Soler said today. “We should be able to have our staffing back to the levels that they need to be to and be able to reopen Jan. 4.”

Soler said that the inability to adequately staff the classrooms drove him to shut the schools down, adding that 81 teachers, aides and other employees have had to quarantine since the start of the school year.

“The issue is not so much students, it’s the staff members,” he said. “If a teacher has to quarantine at home for 14 days, then I need another adult to cover the class for the in-person kids because the teacher is now home. It makes it extremely hard knowing that we already struggle with the substitute teachers, so it also makes it hard to deliver a quality program. We gratefully have some of our teachers who are willing to tele-work, but we still needed another adult to supervise the kids in front of them.”

The superintendent said he was not under any statewide pressure to enforce all distance learning, but pointed to a couple variables – the rolling seven-day average for positive cases in Genesee County at around 8 percent and the daily calls from students and staff needing to quarantine.

He said that 21 staff members and 21 students have tested positive “and every single one of those positives results in a group of people that have to quarantine for 14 days.”

“It becomes unmanageable and we’re at a breaking point. Definitely 50 percent of our buildings would have been significantly impacted,” he said. “By having kids home, we wouldn't have to worry about substitute coverage and teachers could still teach remotely during these next 12 days.”

Soler said that most students will miss five in-person days (due to a schedule that features a mix of in-person and remote learning).

“That was a heartbreaking thing because we prided ourselves on being able to offer at least some in-person learning to our students, unlike other communities that have been shut down all year,” he offered.

He also mentioned that people continue to gather socially, which makes it even tougher to provide in-person learning.

“As we work with the Genesee County Health Department on contact tracing, we find out that people did go to somebody’s house for Thanksgiving or kids did have a sleepover at someone’s house,” he said. “We know these things are occurring, unfortunately, but when they do occur, they come back into the building and make it hard for us to staff the building.”

Only about 20 students – those who have special needs -- are being allowed in school buildings, he said.

Soler said he believes strongly that Gov. Andrew Cuomo should classify school personnel as “essential workers.”

“If the governor were to label all school staff members as essential employees then they wouldn’t need to quarantine if they don’t have any symptoms. We’d really like to see that rule changed because then we could have had in-person learning – keep school open,” he said. “We should be able to designate them as essential and not make them quarantine if they don’t have any symptoms. As it stands now, that seems pretty harsh.”

He said Cuomo has said on multiple occasions that schools are the safest place … “so why not give us some additional leverage and leeway with the guidelines?”

Soler said he expects that the buildings will reopen on Jan. 4 unless there is a resurgence and the governor deems otherwise.

“Right now, we’re working on increasing the number of parents to give us consent to do the Binax rapid testing in school in case that is required for us to stay open,” he said. “And we’re also focusing on delivering a high-quality virtual experience for the next 12 days.”

Submitted photo and press release:

City of Batavia Firefighters Local 896 has teamed up with Batavia city schools to assist in a holiday toy drive for the 2020 holiday season.

We are asking for new toy donations from members of the community and businesses for kids of all ages and families.

We look forward to a successful campaign.

Toys can be dropped of at City Fire Headquarters on 18 Evans St. now -- until Monday Dec. 21.

Statement from Batavia City School District Superintendent Anibal Soler Jr.:

Dear Batavia Blue Devil Families,

As the number of positive COVID-19 cases continue to rise across New York State and specifically in Genesee County ​(8-percent positive test rate -- current highest in New York)​ it brings a number of challenges for the school district.

These challenges include but are not limited to the following:

• Our ongoing ability to staff in-person learning with certified staff members.
• Guidance regarding close contact and quarantining: we continue to have a large number of students and staff members unable to attend in-person learning and work because of the fact that educators/ district staff are not designated as essential employees under current New York State Department of Health guidance, which forces them to quarantine even if they are not showing symptoms.
• Despite the CDC reducing the number of days for quarantining to 7-10 days, the NYSDOH is still requiring a 14-day quarantining window.
• Social gatherings are still occurring outside of school, which bring new positive cases into our school district.
• The influx of parent and family requests that want to move their children from in-person hybrid learning to a 100-percent full virtual model.
• Over this last week our number of total positive cases in our schools increased to 39 and the number of students and staff that have had to quarantine as a result was over 100 between our four school buildings.

  Therefore, ​I have made the difficult decision to move our school district to 100-percent Virtual Remote Learning effective immediately and through the upcoming winter break. I will monitor and reassess this decision and I will provide families an update prior to our return on Monday, Jan. 4th.

  Moving our entire district to 100-percent Virtual Remote Learning will give us the ability to focus primarily on one mode of teaching and learning and allow us to prepare for updated guidance from New York State that prioritizes safe in-person learning for all. Families of children who receive specialized instruction and various mandated therapy will be contacted by the district with options for teletherapy and targeted support. BOCES Career Technical Education students will also attend their program virtually. This does not impact out-of-district placements and students who attend BOCES Alternative Academy and ITP programs. For the majority of our students this equates to the loss of five in-person learning days over the course of the next 12 school days.

• The district will continue to provide daily breakfast and lunch for pick up at Jackson Primary and John Kennedy from 8 a.m. to 12 p.m. during this period.

  It is also important to remind you that if we are to return to any form of in-person learning that we still need parents and guardians to fill out our consent form located here. To date, we only have 483 (24 percent) of in-person learning families who have given consent. Please know that if and when we are designated a color zone, that random testing will be required and only families who give consent will be able to attend in-person learning.

  At a time where we should be focused on celebrating an upcoming winter break and spending time with our families, I know that this decision will impact many of you negatively and that is not my intent. Ultimately, my intent and one of my main responsibilities as your Superintendent, is to always protect the physical and mental health and safety of our students, staff and community.

  If you have any additional questions or concerns please feel free to call your child’s school for support.

  WE are Better Together...WE are Batavia!

  Anibal Soler Jr.
  Superintendent of Schools

From the Twenty-five Neediest Children's Fund Committee:

With the chill in the air and the hours of sunlight diminishing each day, it is a reminder that the days of winter and the Holiday Season are nearly here. But this is a far different year in so many ways. And no doubt, but that for many of us 2020 is a year far different from any that we have ever experienced. With these thoughts in mind the Twenty-five Neediest Children’s Fund Inc. makes its annual appeal to the many good people in our community and beyond.

The Twenty-five Neediest Children’s Fund Inc. came into existence during another very difficult time -- the days of the Great Depression, about 1933. It was then when Batavia City School District physician, Dr. Dexter Pierce, saw a need that was the inspiration to the founding of the Twenty-five Neediest Children’s Fund Inc. The intent of the fund was to help the 25 most needy children in the Batavia City School District.

At that time, the cost of having tonsils removed involved an overnight stay, which cost families $7.50. The physicians graciously waived their fee but the cost of the overnight stay still proved too much for some families. It was then that the Twenty-five Neediest Children’s Fund Inc. came into existence.

While the original intent of the Twenty-five Neediest Children’s Fund was to help the 25 “most needy” students, over the past 80-plus years we have always helped as many as possible. There are no efforts made to apportion the funds equally among the schools. We simply help when a child’s need exists.

Traditionally our fund has assisted with medical and dental care, eye exams and glasses, prescription drugs, clothing, shoes and sneakers, counseling, and other educational needs. However, this year has challenged the fund to stretch ourselves beyond our usual assistance and we have additionally helped with food, air mattresses, beds, and educational toys to help children who are in need throughout this coronavirus pandemic. The purpose of this fund remains to provide for the needs of children in the Batavia City School District when no other means are available.

As students’ needs are identified by teachers, their school nurse, or Julie Wasilewski, the district’s social worker, the concerns are conveyed to Mrs. Nancy Haitz, R.N., C.P.N.P., Batavia City School District’s Office of the Coordinator of Health Services. Mrs. Haitz contacts the child’s parents and if it is determined that they aren’t able to provide what it is that their child needs and if the family does not qualify for any special services or assistance that is available, the Twenty-five Neediest Children’s Fund Inc. steps in to help.

The parents then select what care is to be provided, and by whom, in order to provide a remedy. Bills are then submitted to the Twenty-five Neediest Fund for payment. There is no red tape, no publicity, and there are no strings attached, as the only purpose is to serve the child in need. No one helped by this fund is ever identified by name, it is strictly confidential, and the name of the child receiving services is not known by the Twenty-five Neediest Children's Fund.

This fund has been dubbed “the Quiet Fund” as we only make one annual appeal at the Holiday Season and it seeks no public acknowledgment or fanfare for the work which is done for the children of the Batavia Public School system. The Quiet Fund is a true charity in every sense of the word. There are no administrative costs! 100 percent of the donations received are used for the benefit of children in need.

We are fortunate that this good community continues to remember the Quiet Fund during the season of giving, and some kindly remember us throughout the year. Every gift is a gift of love and is an affirmation that no child should go without.

Anyone interested in contributing to the Quiet Fund may make their check payable to the Twenty-five Neediest Children’s Fund Inc. to be sent to:

Nann K. Zorn, 12 River St., Batavia, NY 14020

To assist a child, and their parent, in this way is a wonderful and immeasurable gift. On behalf of the children, and their parents, helped by your generosity and gifts of love, we extend to you a most sincere thank you and warm holiday wishes, and blessings to you and yours in the hope of a better 2021! Stay Safe and Stay Strong!

Twenty-five Neediest Children's Fund Committee,

Sara Zorn Schroeder, Chairperson,

Nancy Arras,

Benjamin J. Bonarigo, Esq.,

Nancy Haitz,

Virginia Tiede,

Nann K. Zorn

Batavia City School District Superintendent Anibal Soler Jr. today said that multiple factors came into play in his decision to restrict instruction next Monday and Tuesday to 100-percent virtual remote learning days for all students, except those who attend classes at the Genesee Valley BOCES campus on State Street.

“It’s a combination of things,” Soler said. “Erie County went 'Orange' (a COVID-19 level, which is part of Gov. Cuomo’s micro-cluster zone structure) and so a lot of our employees live in Erie County, which sometimes impacts our ability to get quality substitutes, and it impacts our ability to get substitute teachers in general as there has been a shortage of substitute teachers.”

Soler said several students and staff members are finishing their days in quarantine, “so that also impacts us from having some in-person. We also have a growing number of cases in the region and in the county, so that was another variable that I looked at as well.”

And there’s the close contact piece, even if you’re not infected, he said.

“If you’re exposed to somebody for 60 minutes … you get deemed as close contact and you have to quarantine,” he explained. “And then we just have anybody who just feels ill – a headache, or sniffles or don’t feel well and can’t come into work; just regular absences.”

He said considering all of that, leadership determined to have no students in any of the district building on the two days prior to Thanksgiving.

“Hopefully, this will allow kids and families to have a good holiday without having more kids in quarantine or more positive cases coming up,” he said. “It’s just preventative. We’re still having remote instruction, and our kids are used to that model since they’re in that model every other day – with the hope that we go back to normal on the 30^th.

A letter to district families concerning this change can be found on the school’s website.

Students and staff have adjusted well to very stressful circumstances, Batavia Middle School Principal Ashley John Grillo told trustees Monday night at the Batavia City Schools board meeting.

Grillo provided the board with a regularly scheduled report about the status of his school concentrating on adjustments caused by the COVID-19 pandemic.

"Students are wearing masks, not complaining about guidelines," Grillo said. "They've really done an outstanding job of adapting to the new guidelines for this year. I'm really proud of that. They deserve the biggest round of applause because they're really the ones most affected the most by the whole thing."

Grillo gave his report before two staff members tested positive for COVID-19 requiring 50 students who had close contact into mandatory quarantine for two weeks.

There are 127 students whose parents chose 100-percent virtual learning for this school year, Grillo said. 

In the cohorts that are splitting time between virtual learning and attending classes, with 246 in the first cohort and 208 in the second. There are also 78 students who are on campus every day.

Teachers conduct online classes that are dedicated to that role, Grillo said, with none doing both online learning and in-class learning.

"We decided to do that at the middle school level," Grillo said. "We didn't want to overwhelm the kids or overwhelm the teachers."

During the first two weeks of school, the emphasis was on getting students accustomed to being back in school after six months away from the classroom environment and getting them familiar with the new routines.

Homeroom has also been extended. In the past, homeroom has lasted 10 to 15 minutes before the first period. It's been extended to accommodate a video stream into the classrooms for morning announcements. The students get help getting their assignments and schedules organized for the day. They turn in their lunch orders. And there is some theme that primes them for learning. In the first weeks, it was Hispanic culture, then anti-bullying, and now veterans are being highlighted with students and staff providing photos of veterans from their families for the video stream.

"It helps them get their day organized and start on the right foot," Grillo said.

There is a team of teachers dedicated to social and emotional learning who meet regularly to review the school's progress and needs. There are also activities on campus for staff, such as yoga and meditation and team-building activities.

"This is not an easy job and we're trying to find ways to balance that," Grillo said.

There are also regular faculty meetings and training that focuses on professional learning. They're also working on better ways to track student progress and identify students who need extra attention.

"We do that every year," Grillo said, "But we're not letting this year hinder us. We're continuing to improve our process."

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The Batavia City School District Board of Education continues to explore the most effective ways for citizens to make their feelings known during its monthly meetings.

District Superintendent Anibal Soler Jr., following up on Board President Alice Ann Benedict’s desire to open the communication lines with the public, said he has come up with several recommendations that could be included in a “public expression” policy.

The board met on Monday night at the high school library.

Soler said his suggestions will be forwarded to the district’s Policy Committee for review and “vetting” before coming back to the full BOE for approval.

“The law technically allows us to have no public participation (during board meetings), but we are making a smart effort to make sure that there is (time for public comments) and I think that is a compliment to the board’s leadership,” Soler said.

The Batavia BOE, according to its policy, encourages public participation on school-related matters at board meetings, setting aside 30 minutes at the beginning of the sessions.

Beyond that, Soler said, currently there aren’t any guidelines or details in place to govern the public sessions.

He said his recommendations were derived from looking at the policies of similar-size districts, such as Geneva and Niagara Falls, as well as the large school districts of Buffalo and Rochester.

They are as follows (subject to review by the Policy Committee):

• Persons wishing to address the board shall advise the board president prior to the scheduled starting time of the meeting. The request shall be made in writing on a form provided by the district clerk and shall include the name of the speaker, their address, name of organization represented (if any), and the topic to be addressed. Any group or organization wishing to address the board must identify a spokesperson.

• Presentation should be as brief as possible. Each speaker will be permitted to speak for three minutes. Speakers may comment on any matter related to district business. The board cannot and will not permit public discussions involving individual district personnel or students. Persons wishing to discuss matters involving individual district personnel or students should present their comments and/or concerns to the teacher, the building administrator or superintendent during regular business hours.

• All speakers are to conduct themselves in a civil manner. Obscene language, libelous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated.

• Persons making presentations at a board meeting will address remarks to the president and may direct questions or comments to board members or other district officials only upon the approval of the president. Board members and the superintendent shall have the privilege of asking questions of persons who address the board.

• Without opening the floor to general audience participation, the board president may call upon staff members or other specially qualified persons whom the board wishes to hear in relation to a specific agenda topic.

• Questions and comments from the public concerning matters which are not on the agenda will be taken under consideration and referred to the Superintendent for appropriate action. Persons wishing to have matters included on the agenda shall contact the superintendent in accordance with Policy 1510, Regular Board Meetings and Rules (Quorum and Parliamentary Procedure).

​Soler said the board president would rule on matters such as the time to be allowed for public discussion and the appropriateness of the subject being presented. The president also would have the right to halt any presentation that violates the adopted policy.

The form for those wishing to speak at BOE meetings must be filled out in advance. It can be obtained by contacting the superintendent’s office at (585) 343-2480.

In another development:

Soler reported that the principals at the four schools are continuing to work toward maximizing learning, with John Kennedy Principal Brian Sutton exploring the possibility of having all second-graders back in the building for in-person instruction every day.

"We're trying to manage which grades can (go back to in-person learning) and which grades can't, but unfortunately some of our classes have higher enrollments and we can't bring everybody back," he said.

At Batavia High, Principal Paul Kesler are looking at students who are 100 percent virtual but are having difficulties with their studies, with the goal of shifting them back into the school -- even if it isn't on an everyday basis -- as long as their parents are in agreement.

 

Although COVID-19 mandates are forcing students and teachers to cover their faces, they “can’t mask the Batavia pride,” according to Kathie Scott, public information coordinator for the Batavia City School District.

On Monday, Scott posted information about “Can’t Mask the Batavia Pride!” on the district’s redesigned website, writing that the campaign is “in response to all the reorienting that has been required to reopen school – from social distancing and face mask mandates, to hybrid and virtual learning and sport delays/cancellations.”

Superintendent Anibal Soler Jr. informed the school board about the campaign at its meeting Monday night at the high school library (which can be viewed on the district’s YouTube channel).

Scott said the campaign “has been in the works for a while,” with discussions taking place with the fire department, police department and others throughout the community to make it happen.

“I’ve received a couple of emails since it went up … and we’re just looking forward to people participating,” said Scott, who has worked behind the scenes for almost 25 years to keep the public abreast of the district’s positive developments. “I know that there is a lot of community pride in Batavia, so it’s kind of a natural extension of that.”

Per the website:

“Can’t Mask the Batavia Pride!” is a reminder to our community of learners that there is something that hasn’t changed: the pride of and in Batavia. Community members like you are sharing a few positive words of encouragement, pride, appreciation, and/or support that will mean a lot to our students, their families, and staff.

Scott said there are several ways people get display their Batavia pride, including ordering a large Blue Devil head-on-a-stick mask that can be delivered or picked up by calling her at (595) 343-2480, ext. 1018, or sending her an email at:   Kscott@bataviacsd.org.

Other options are taking a digital photo or recording a short video (maximum of 30 seconds) with the mask, but not covering the face; or providing a short positive message of support, encouragement, pride or appreciation -- directed to students, staff, and/or families.

Click here for more information.

Soler also talked about the new school district app that is available for Android and iPhone -- Batavia CSD, NY.

With the new app, people can access documents, events, news updates, and even emergency notifications.

It can be downloaded on Android at https://bit.ly/3i6EAyc or iPhone at https://apple.co/3jOg8ls.

In another development, Soler thanked the board members “for their commitment to the City of Batavia and to its children” in conjunction with School Board Recognition Week (Oct. 19-23) as designated by the NYS School Boards Association.

“Each of you devote countless hours to make sure our schools are helping every child to learn at a high level,” said Soler, adding that board trustees make tough decisions, develop a budget and provide accountability that our citizens expect.

He then presented each board member with a travel bag as a token of the district’s appreciation.

Photo from Batavia CSD website: Superintendent Anibal Soler Jr. with the Blue Devil head-on-a-stick mask.

The Batavia City School District has created an executive director of operations position as part of a reshuffling of jobs that has reduced the number of employees on its administrative leadership team.

“It’s important for people to know that we didn’t grow our administration,” Superintendent Anibal Soler Jr. said today while reporting that he was able to shift staff members to reduce the number of administrators from 19 to 16 and save the district around $70,000.

Soler said that two of the job changes affected last year’s budget and one took effect in the current year’s budget.

“I really didn’t understand why we had 19, and the reality is that we only have half of our kids coming every other day,” he said. “So, some of that need isn’t there.”

He emphasized, however, that the school district is one of the largest employers in Genesee County and should have a human resources manager, which is a key component of the executive director of operations position.

“For us not to have an in-house person in charge of human resources – personnel and benefits – was not good,” he said. “We created that position … and just made some moves internally.”

Trisha Finnegan, formerly the director of Special & Alternative Education, was appointed as executive director of Operations.

The rest of the current administrative team at the Batavia City School District is as follows:

• Superintendent Anibal Soler Jr.;
• Business Administrator Scott Rozanski;
• Molly Corey, executive director of Curriculum & Instruction;
• Jason DeGraff, director of Facilities;
• Amanda Cook, director of Special & Alternative Education;
• Michael Bromley, director of Health, Physical Education and Interscholastic Athletics;
• Paul Kesler, Batavia High School principal;
• Nate Korzelius, Batavia High School assistant principal;
• Julia Rogers, Batavia High School assistant principal;
• Ashley John Grillo, Batavia Middle School principal;
• Lindsey Leone, Batavia Middle School assistant principal;
• Bernadette Krumpek, Batavia Middle School assistant principal;
• Brian Sutton, John Kennedy Intermediate School principal;
• Maureen Notaro, Jackson Primary School principal;
• Jeffrey McKinney, John Kennedy and Jackson assistant principal.

A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

                  Alice Ann Benedict

Alice Ann Benedict is in only her fourth month as president of the Board of Education for Batavia city schools but she's already looking to make a significant change to a board policy that she said has bothered her for a long time.

Under the previous leadership of Pat Burk, who resigned suddenly over the summer, if a member of the public came to a board meeting and asked a question, Burk would inform the speaker, "We don't answer questions from the public."

Benedict wants to provide the public with public answers to board questions.

She brought the issue to the board's attention at Monday's meeting and Superintendent Anibal Soler Jr. suggested after the board discussion that the board hold off on changing the policy until staff can formalize the language and make a recommendation.

If the board adopts Benedict's suggestion, the district will offer a form on the district's website where members of the public could ask questions of the board. If the question is submitted prior to a set deadline -- such as 5 p.m. on the Thursday before the board's Monday meeting -- then either the board president or the superintendent would prepare an answer. At the next board meeting, during the "public speaks" portion of the agenda, the question and answer would be read aloud. 

Currently, Benedict said, if a question is sent to the district, either she or Soler answer it and the board never sees the question unless Benedict forwards it to them. Benedict would like the entire board to be informed of questions from the public.

During COVID-19 restrictions, members of the public are not attending meetings but once restrictions are lifted, Benedict wants the board to have in place a policy that would allow members of the public to ask questions. If questions are submitted in advance, they will be answered at the meeting. If not, the board president or superintendent will answer the question at a subsequent meeting.

Benedict expressed concern that some people, like herself, are not "quick on their feet" when it comes to answering questions, which is why she wants a built-in delay on answering questions so there is time for research and consideration.

"I always felt like before when I was on the board, I never liked the idea that if a community member took time to come to the board to make a comment or ask a question, we would never answer," Benedict said. "We would never answer the question. That really bothered me."

At first, Trustee Shawna Murphy seemed a little confused by the suggestion, noting that the public has always been allowed to speak at meetings.  After Benedict spoke more about her idea, Murphy said, "sounds beautiful."

Soler said it usually takes two readings for the board to adopt a new policy. He said the policy should incorporate best practices for dealing with public speakers and also suggested the policy should mimic what he said other districts do, which requires public speakers to sign up to speak hours in advance of the meeting "so people can't come and disrupt the meeting."

Batavia city schools are looking at a nearly $5.5 million revenue shortfall in the current fiscal year due to the global pandemic that has caused an economic retraction, and dealing with that shortfall is likely to mean the district needs to cut services and personnel, Superintendent Anibal Soler Jr. informed school board members on Monday night.

Soler told the board that state aid has been cut by 20 percent, or $425,000, so far. The state says it is "withholding" the funds but there's no guarantee the funds will be backfilled, nor that there won't be more "withholding" during the remainder of the year.

The state is facing a $16 billion budget shortfall and the deficit over the next four years is expected to grow to $66 billion.

That doesn't bode well for the future of school funding, Soler said.

The superintedent said he was trying to present the board and the community with a realistic picture of the situation the district finds itself in through no fault of its own.

"If we don’t sound the alarm now and it gets sounded for us, we may be seen as not being as transparent as we can," Soler said.

While a lot of people suggest cutting things like supplies and materials, that's only 2 percent of the school district's budget. The biggest portion of the budget goes to payroll and benefits -- about 70 percent, so if it becomes necessary to cut spending, that will be the area where the district can make up much of the projected shortfall.

"At $5.4 million, you start doing the math and that's a significant number of services or employees we have to change," Soler said.

The total district budget is $51,470,726 and is supported by $27,477,066.

The unknowns at this point is: Whether there will be a round of 20-percent withholding in August and December and whether Congress will at some point approve a stimulus package that includes funding for schools.

Soler said state education officials are leaning heavily on the idea of waiting to see what happens after the election.

If the cuts turn out to be permanent, Soler outline several possible responses:

• Cut teacher aides to four days a week for a savings of $301,210;
• Cut custodial work to four days a week for a savings of $246,126;
• Go to 100-percent remote learning to cut transportation costs by $576,000;
• Eliminate activities such as music for a savings of $143,551;
• Cutting athletics could save $284,089;
• Increasing class size to 28 pupils per teacher, the maximum allowed by the current union contract, could save $630,000;
• Eliminating non-mandated staff, such as teachers for elective courses, non-graduation requirement courses, extra librarians, some tutors and counselors, an administrator, and some aides, could lead to another $3 million in savings;
• Eliminating the school resource officer would save $54,000.

What to cut and how much is a matter of priorities and a balancing act, Soler said. For example, eliminating transportation would mean a cut in state aid for transportation in future years.

Also on the table for discussion, Soler said, is a dramatic tax increase. He took notice of the possible 89-percent property tax increase in the Town of Batavia as an example of the tough budget choices the pandemic is forcing on local governments.

"Obviously, I'm not saying that's our approach but we're probably not going to be able to come out of this with no tax increase," Soler said. "It's tough because they're (property owners) are also struggling with these economic conditions."

Board Member Shawna Murphy wondered out loud why the idea of a tax increase was such a heinous idea. She suggested most people in Batavia could handle a tax increase.

Another board member spoke up (it was hard to identify the speaker on the livestream of the meeting) and said many older residents have already put their children and their grandchildren through school and now live on a fixed income. She was hesitant to burden them with a tax increase.

"I have more concern for the older property owner," she said. "Their home is the last thing they're clinging to and we're asking them to make quite a sacrifice when they have no children in the system."

The district does have about $1.75 million in reserves but that money will run out quickly if other action isn't taken, Soler said.

The district will know much more about its financial situation by the Nov. 23 board meeting, Soler said. Until then, he said, the district needs to remain "stay the course and remain Batavia Strong" and study its options.

On another budget item, the board unanimously approved an amendment to the superintendent's contract that granted Soler a $4,800 annual raise, bringing his compensation to $164,800 per year. The board did not discuss the salary increase prior to the vote.