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Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.

But when does complaining to government officials cross the line into harassment?

That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.

The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.

The Charge
Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.

The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication." 

In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.

A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."

In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted. 

"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."

Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.

Chain of Emails
The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence.  He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class. 

Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."

He invited parents to contact school officials with any problems or concerns.

A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.

She said AcceleratedU was not a "long-term solution" for a sub.  

"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.

"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."

Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."

He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."

Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.

She sent 16 emails over eight days. (The charging documents say 12 emails over eight days,  but The Batavian counted 16 emails sent by Long in response to its FOIL request.)

Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program. 

On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.

That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."

She wrote individually to Reigle and said, "What a very eloquent way to say,  'I don't care.' Thanks a lot. That was sarcasm.  Look forward to more emails until you DO SOMETHING."

In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."

In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m. 

"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”

Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."

Political Speech
Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.

"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."

The Batavian emailed several questions to District Attorney Kevin Finnell.  We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.

"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case.  Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."

As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.

In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down.  He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.

In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech. 

"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual.  While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."

Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.

"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."

Cases that involve the Supreme Court upholding conduct as speech:

• Stromberg v. California, which, in 1931, protected as free speech, the right to display a red flag;
• United States v. O’Brien, which, in 1968, protected conduct that conveys a message in a case where a war protester burnt his draft card;
• Texas v. Johnson, in 1989, protected flag burning as political expression.

Profane speech, in Cohen v. California (1971), is also protected.

District Response
The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case. 

Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law. 

Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.

"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."

Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.

"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."

To read the full Q&A with both Smith and Marucci, click here.

Prior Restraint
Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying. 

In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.

Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.

"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said. 

A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him. 

There are two other cases pending before the Supreme Court regarding government officials and agencies blocking communication on social media platforms. 

We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.

The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.

It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.

He said he would love to have a case he could take to the Supreme Court and win. It would help his career.  But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.

"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."

Pavilion Central School District is in the early phase of planning its next significant building and renovation project.

It's seeking bids from architectural/engineering firms to help it map out updates and upgrades at its two main school buildings, D.B. Bunce Elementary School and Pavilion Junior-Senior High School, which totals 275,800 square feet of education space.

The estimated budget for the project is between $20 million and $24 million.

The project is expected to include at least:

• Replacement of boiler plants in both buildings;
• Renovation of media centers in both buildings;
• Expansion and renovation of one wing of the junior-senior high;
• An upgrade to the fire alarm and security system at the junior-senior high;
• An upgrade to theatrical lighting, sound, and projection in the auditorium; and,
• The replacement of playgrounds.

The selected firm will perform design and construction-related services, including architectural, and engineering for all elements of construction.

The district expects to hire the firm with the winning bid in January with board review and voter approval requested in the fall.  Planning documents will begin the regulatory planning process in the summer of 2025. If all that goes as planned, construction will begin in the summer of 2025, with completion in the winter of 2026.

Bids are due by 3 p.m. on Jan. 10.

The Request for Proposal, which is a document for companies being asked to bid on a project, does not contain financial data beyond the broad cost estimate. The financial plan for paying for the project will be developed by district staff and approved by the board before a public vote on the proposal. Typically, these projects are paid for primarily through state aid.

To read the complete RFP, click here.

Students at John Kennedy Intermediate School had a big holiday-themed message for first responders on Tuesday morning: Thank you.

The students expressed their appreciation for the help and support the school gets from City Fire and Batavia PD at school events, notably the JK Polar Plunge, the Thanksgiving Food Drive, the Golisano Holiday Toy Drive, Careers and Candy, Fire Safety, and the Mud Run.

Voters in Elba, by a 95-22 margin, approved a $14.8 million capital improvement project on Thursday.

The proposition read:

Authorize the Board of Education of the Elba Central School District be authorized to undertake certain capital improvements consisting of construction and reconstruction of the K-12 Main Campus school building and facilities, site improvements and the acquisition of certain original furnishings, equipment, and apparatus and other incidental improvements required in connection therewith for such construction and school use, all at an estimated maximum aggregate cost of $14,875,000; and to appropriate and expend from the existing capital reserve fund $900,000 for such costs, and that the balance of such cost, or so much thereof as may be necessary, shall be raised by the levy of a tax to be collected in annual installments, with such tax to be offset by state aid available therefor; and, in anticipation of such tax, debt obligations of the school district as may be necessary not to exceed $13,975,000 shall be issued.

Le Roy voters on Tuesday approved a $12.5 million capital improvement project that will fund facilities repairs and a new multipurpose sports field.

There were 517 residents who turned out for the vote, passing the measure 323 to 194.

Superintendent Merritt Holly said, "Thank you to all district residents who came out to vote."

Previously: Le Roy Central Schools reviewing $12.5 million capital project for facilities repairs, multipurpose sports field

Press Release:

The Byron-Bergen Central School District is pleased to announce that the Board of Education approved the nomination of Paul Hazard as Jr./Sr. High School Principal at the Nov. 16 meeting. Hazard will fill the position left by Interim Principal Carol Stehm effective Jan. 3..  

“Paul Hazard comes to Byron-Bergen with a specific set of skills that are perfect for our Jr./Sr. High School,” said Superintendent Pat McGee. “He is an insightful leader with extensive administrative and teaching experience to guide the school successfully through this transition. I am excited to welcome him to the district." 

Hazard comes to Byron-Bergen from Alexander Central Schools where he served as Assistant Principal at the MS/HS and was promoted to Director of Student Life and Engagement. Prior to that appointment, he was Elementary Summer School Principal at Geneseo Central School District where he also taught Special Education and 6 th Grade Social Studies for 16 years.

“I am honored and excited for the opportunity to be a Bee!” said Hazard. “I believe there is something special about small towns and schools you can only understand if you have lived and worked within one.  I am looking forward to getting to know our amazing students, staff, and parents over the next couple of months as we work together to continue the proud tradition of excellence at BB.”

Hazard holds an Advanced Graduate Certificate in Educational Leadership from SUNY Stoneybrook and a Masters Degree in Education from Roberts Wesleyan.

Voters in the Le Roy Central School District will be asked to vote on a proposed $12.5 million capital improvement project that would provide upgrades to buildings and facilities in the school district and not result in additional taxes levied on properties in the district.

The vote was approved by the Board of Education on Tuesday and is scheduled for noon to 8 p.m. on Dec. 5 in the Library Media Center of Wolcott Street School.

For more details about the proposal, see The Batavian's previous story: Le Roy Central Schools reviewing $12.5 million capital project for facilities repairs, multipurpose sports field

Press Release:

Congresswoman Claudia Tenney (NY-24) voted in favor of H.R. 5110, Protecting Hunting Heritage and Education Act, which authorizes the use of federal elementary and secondary education funds to purchase and use weapons for purposes of training students in archery, hunting, or other shooting sports.

This bill, which Tenney cosponsored, passed the House by a vote of 424-1.

Currently, the Biden Administration is intentionally misconstruing Congressional intent to advance its radical anti-Scond Amendment agenda. 

The Administration is warping the “Bipartisan Safer Communities Act” to prohibit funds authorized under the Elementary and Secondary Education Act from being used to fund hunting, archery, and shooting sports programs in schools. 

This bill specifies that this prohibition shall not apply to training students in archery, hunting, or other shooting sports.

“President Biden and Governor Hochul continue to undermine our constitutional right to bear arms, but this time, they are coming after our efforts to teach students how to safely handle firearms,” said Congresswoman Tenney. 

“By defunding hunting, archery, and shooting sports programs, the Left is preventing young Americans from exercising their Second Amendment right and learning important life skills. I voted in favor of the Protecting Hunting Heritage and Education Act to defend our constitutional rights and support outdoor recreational programs!”

The Oakfield-Alabama Central School District is considering a new $23 million capital improvement project that would modernize and reconfigure classrooms, replace outdated heating and air units, upgrade locker rooms, replace and upgrade athletic fields, and add new parking.

The district would need to issue $20 million in bonds to finance the project at a cost of $7.2 million in interest.

If approved, the district would use $3 million from the capital reserve fund as a "down payment" on the expenditure.

State aid would cover 93.4 percent of the $20 million, which would be reimbursed to the district over the life of the 15-year bond.  If the project is approved by the board, voters in the district will get a chance to vote yes or no in December.

Consultants from SEI Design Group, who have been working with the district's facilities committee, presented an outline of the proposal plan to the Board of Education on Tuesday.

A big reason the district can cover the local share of the school building project without a tax increase is that when the district bonded (borrowed money), the annual payment on principal was $350,000 less than budgeted, said Christine Griffin, district business manager.

That $350,000 in the 2023-24 budget was used to finance a playground.  Going forward, it could help offset the cost of the new capital improvement project, negating the need for a higher tax rate to cover the local share of the project.

Existing capital reserve funds would also help cover the local share costs.

Board members wanted to know what portion of the project is critical, that it must be completed soon, and the answer is pretty much all of the school building work.

The critical portions of the project include replacing the high school and middle school HVAC rooftop units, which are 30 to 40 years old.

"The biggest thing is going to be mechanical, electrical plumbing impacts," said Richard Little, business development with SEI. "These were items that were identified during the (committee). The HVAC rooftop units are either being worked on excessively or reached the end of their usefulness. We can't get parts, so we need to replace them. Those were flagged not only by the engineers but also by (the committee)."

Then in the science classroom, the concrete slabs have settled in areas creating uneven floors.

"We're going to have to tear the rooms out just to fix the slab settlement issue," Little said.

There is also work that needs to be done on the pool and on an auditorium wall, Little said.  There is also carpet that is worn out and needs to be replaced with new flooring (it won't be carpet, Little said).

"Once you go into a room and start working on it, once you've touched it, you are not going to be able to go back to that room for 15 years without being penalized or questioned," Little said, addressing state aid rules about school renovation projects. "So once we're in there, we're taking advantage of it and renovating more spaces. You can vary that if you want to. You can make different types of modifications, but it's just a good opportunity to get that funding from the state."

The school building proposal, if broken out into a separate ballot initiative, would cost $15.6 million.  The athletic field portion would be $7.3 million.  It would include a new oval track, new shotput and jump pits, as well as new softball and baseball fields.

The board will decide at its October meeting whether to ask the voters to approve the two aspects of the project separately or together.  

Trustee Matt Lamb expressed concern that there are people in the community who are hearing rumors that the district is considering a new football stadium, which isn't the case.

"I got a phone call from somebody who wasn't able to attend the meeting tonight and described the project as the football stadium project, so we just need to be careful that this isn't seen as the football stadium capital project," Lamb said.

Trustee Jeff Hyde noted that since Batavia High built a new stadium, Van Detta is in steady use for various events, not just school events. And though this isn't a stadium project, he said he thinks an upgrade to the track and ball fields help bring more visitors into Oakfield.

"I mean, if I'm a business owner, if I'm smart, if I'm somebody who wants more people in this town, this is something that may give it to us," Hyde said.

For a PDF of the SEI presentation, click here.

All schools hold open houses. In Pavilion, the high school hosts the Gopher Gathering, a chance for the school community to come together to enjoy good food, live music, and games, and also learn about academic opportunities available at the school.

Along with a food truck rodeo, there is face painting, a petting zoo, and a dunk tank.

"It's a community thing where people can meet and greet teachers," Principal Charles Martelle said Thursday at the school grounds.

Besides learning about classes they might have overlooked, it's a chance for students and parents to learn about campus activities, including clubs students might join.

"Mostly, it's about coming out and meeting teachers, meeting people at the school, and getting a feel for the place, and having a good time," Martelle said. "Then, if they can learn something about the courses, about the clubs, and some different opportunities, then that's kind of the bonus."

Photos by Howard Owens.

Le Roy celebrated its seniors on the first day of school with donuts before the doors opened at Le Roy High School this morning.

Photos courtesy Le Roy Central School District.

Photos by Debra Reilly

Press Release: 

Byron-Bergen Senior High School was named on the 2023 list of America’s Best High Schools as determined by U.S. News & World Report. To qualify for this title, Byron-Bergen Senior High School ranked in the top 40% of schools nationally. This is the fifth year in a row that Byron-Bergen Senior High School has earned this distinction.

“It is an honor for the Byron-Bergen Senior High School to be named an America’s Best High School again this year,” said Byron-Bergen Superintendent Pat McGee. “I remember when our High School first achieved this recognition in 2018. I’m so pleased to see that our learning community has sustained this level of distinction. It is a testament of proof that we didn’t just have an exceptional year or two, Byron-Bergen is an exceptional district.” 

According to the publication’s website, the list identifies top-performing high schools based on scoring comprised of six factors:

1. College readiness (30 percent of the ranking): This is the percentage of 12th graders from the class of 2020-2021 who took at least one AP or IB exam by the end of their senior year and the percentage of 12th graders who earned a qualifying score on at least one AP or IB exam in high school. Earning a qualifying score is weighted three times more than simply taking the exam.
2. College curriculum breadth (10 percent): This is the percentage of 12th graders from the class of 2020-2021 who took a wide variety of AP and IB courses across multiple disciplines and the percentage of 12th graders who earned a qualifying score on them. Earning a qualifying score is weighted three times more than taking. 
3. State assessment proficiency (20 percent): This measures how well students scored on state assessments that measure proficiency in reading, science, and mathematics. Passing these assessments can be required for graduation. Examples of assessments include Smarter Balanced in California and the State of Texas Assessments of Academic Readiness. This state assessment proficiency indicator is either based on 2020- 2021 or 2018-2019 state assessment data or an average of those years.
4. State assessment performance (20 percent): This is the difference between how students performed on state assessments and what U.S. News predicted based on a school's student body. U.S. News' modeling across all 50 states and the District of Columbia indicates that the performance percentage of students from historically underserved subgroups – defined as Black students, Hispanic students, and students who are eligible for free and reduced price lunch – are highly predictive of a school's reading, science and math scores. This state assessment performance indicator is either based on 2020-2021 or 2018-2019 state assessment data or an average of those years. 
5. Underserved student performance (10 percent): This is how well the student population receiving subsidized school lunch and Black and Hispanic populations perform on state assessments relative to statewide performance among students not in those subgroups. This state assessment underserved student performance indicator is based on 2018-2019 state assessment data.
6. Graduation rate (10 percent): For the 2023-2024 rankings, the graduation rate corresponds to the 2021 high school class graduation cohort who would have entered ninth grade in the 2017-2018 school year. High school graduation rates were collected directly from each state along with the math, reading and science assessment data.

For more information on Byron-Bergen’s ranking on the U.S. News & World Report list, visit https://www.usnews.com/education/best-high-schools/new-york/districts/byron-bergen-central-school-district/byron-bergen-junior-senior-high-school-13565

Like every other school district in the nation, Pavilion Central School District teachers and administrators are frustrated by the distractions and problems created by students with mobile communication devices, particularly mobile phones.

"When you ask teachers, what's the one thing we could do to get kids more focused in school and in the classroom, it would probably be the removal of cell phones," said Charles Martelle, Pavilion's high school principal. "That doesn't mean we can come up with a way to do it that doesn't cause more distractions."

It's a problem even in elementary school, said principal Tom Wilson, and Carin Wade, a ninth-grade language teacher, chimed in with, "It's awful."

She added, "They can put it in their pockets and you don't even see it. They can text without looking at their phones.  I mean, you've got 25 kids in a classroom and you can't -- it's terrible."

During the discussion of outright bans, Wade said it's been tried at Pavilion, and parents complained.

Parents, one administrator said, are part of the problem.

"I understand the safety side of it, but at the end of the day, parents shouldn't be texting their kids during class," he said.

"And they know they are," Wade said. "They know their kids are in class, and the kids will be like, 'But it's my mom,' and I'm like, 'OK, but you're in class. I don't understand.'"

The policy for 2023-24 will be the same as last academic year, which uses a color-coded system to let students know where and when they can touch their phones.

In the green zones -- hallways and the cafeteria, they get close to unlimited access to their phones (they're not supposed to take pictures or make audio or video clips).  In gold zones, such as most classrooms, they can only access a phone with teacher permission. And in red zones, phones cannot be touched or displayed at all. This includes bathrooms, locker rooms, and the auditorium.

If a student is caught in violation of the policy, a staff member can collect the phone and leave it in the main office, where a parent or guardian must pick it up.

The discussion at Monday's meeting indicated even this policy leaves much to be desired when it comes to limiting distractions caused by electronic devices.

Schools have tried outright bans, but Martelle said there's no evidence these bans achieve favorable outcomes. Some schools have tried lockable pouches that students must store the device during the school day, getting the pouch unlocked by a staff member at the end of the day, but some school districts, Martelle said, found that students use "burner phones," phones they don't really use, to dump in the pouches.

"If there's a plan that actually worked and serves our interests that was more strict, we would use it," Martelle said. "I think a lot of schools are (implementing more strict policies), so we'll be able to look at articles and literature and studies. Right now, it's really up in the air. The studies as to whether or not schools that have done this versus those that haven't, the studies are really kind of inconclusive. We're looking at different things as to whether it actually improves anything in schools or not or whether it's effective."

He said administrators are open-minded about finding a better way of dealing with the problem.

"It's a very difficult problem right now," he said.

Rex Eighmey, the director of facilities for the Pavilion Central School District, gave the Board of Education on Monday a complete rundown of all the work his staff is performing during the summer months.

It's more than just keeping the lawns mowed and the floors buffed -- which board members praised as always extra shiny -- it's repairs and upgrades, among other items.

A few of the items he mentioned:

• Clean all furniture, windows, floors, ceilings;
• Perform maintenance on the HVAC system;
• Unpack and assemble new furniture that comes in and place in the appropriate rooms;
• Retrofit some of the high-pressure sodium lights outside with LEDs;
• Clean and repair concession stands at sports fields;
• Maintain and repair sports fields;
• Repair baseball and softball dugouts;
• Replace some whiteboards and blackboards in classrooms; and,
• Replace condensation pumps in the cafeteria.

Among several other items that have kept work crews busy all summer.

Press Release:

After a meeting with an advisor at Genesee Community College, Kyle Stefan entered the Genesee Valley Pre-Apprenticeship Program with an open mind.

Stefan, a Pavilion High School graduate, believed he made the right decision to join the Batavia-based workforce program well before the six weeks of paid on-the-job training and instruction were complete.

“I would have never found my passion for a career in HVAC if it wasn’t for the pre-apprenticeship program,” said Stefan, one of ten students graduating on Aug. 24. “There’s no way to know if there is something you like to do without trying. I am able to apply what I learn in a classroom setting to my work at Arctic Refrigeration and find out this is a career I would like to pursue.”

For the third consecutive year, the Genesee Valley Pre-Apprenticeship Program has welcomed students from diverse backgrounds, levels of education, and career experiences with an opportunity to jump-start successful careers.

During the program, participants attend morning classes in the Genesee Valley BOCES classroom, training with $700,000 of mechatronics equipment funded in part by a Genesee County Economic Development Center grant. In the afternoons, and for a full day on Fridays, students apply the lessons they learn at employers in Genesee, Livingston, and Monroe counties.

“I really enjoyed the freedom to use the equipment and materials to build things and you learn and go at your own pace,” said participant Bradley Burdett. “I would recommend this program to anyone because there are a lot of opportunities. It’s beyond just a classroom education as we are learning and experiencing life lessons.”

Burdett, an Attica High School graduate, enrolled in the program on the recommendation of program instructor Rich Monroe after teaching Bradley for two years at BOCES. With student participation at Genesee Valley BOCES increasing since the launch of GLOW with Your Hands in 2019, Genesee County Economic Development Center Vice President of Business and Workforce Development Chris Suozzi sees the program as the next step in empowering students to take the future into their own hands. 

“The pre-apprenticeship program offers a unique opportunity for students to discover their career path without the burden of college debt,” said Suozzi. “The jobs this program introduces students to provides them with a promising opportunity to enter into the workforce in the in-demand careers in our region.”

The Genesee Valley Pre-Apprenticeship Program has grown annually since its inception in 2021. This year’s students joined pre-apprenticeship tracks at USG, Arctic Refrigeration, Turnbull Heating and Refrigeration, Radec Electric, Go Forth Electric, and OXBO. 

The program and experience with Radec Electric have supported a career change for Darlene Robare-Kessler of Fairport. Robare-Kessler said she appreciates the safe learning environment and mix of classroom and real job experience.

“I love the hands-on aspects of working with manufacturing equipment and the program has helped align my experience in the food and beverage industry giving me another side of the manufacturing industry to explore,” said Robare-Kessler. “(The program) is empowering me to gain practical skills that I will be able to utilize within the workplace and hopefully throughout my career.”

The tax rate in the Pavilion Central School District for 2023-24 is final, and the numbers are in alignment with budget projects from earlier this year, Donald Childs, school business official, told the Board of Education on Monday.

The board approved the tax warrants for the academic year.

The tax rate in the Town of Pavilion will be $16.68 per $1,000 of assessed value, a decrease from $16.73 this school year.

The rate for Bethany will be $19.06, up from 18.19; for Stafford, $16.34, down from $16.73; and, in Le Roy, $20.93, up from $20.16.

Outside of Genesee County, the towns of Covington, Middlebury, Caledonia, Leicester, and York also all contribute to the total tax levy.

The total tax levy is $5,788,283, which is a $85,396 over 2022-23.

The total assessed value of property in the district is $324,875,934.

The total spending plan for the 2023-24 academic year is $18,869,393, which voters approved in May.  The approved budget is 3.18 percent higher than 2022-23, for a total increase in spending of $582,042. 

At the time of the budget vote, district finance officers can only estimate the tax rate because town assessments are not always final. Once the total assessed value within the district is known, school districts can finalize the tax rates.

Pavilion Central School District is looking at spending nearly $69,000 on a consultant who would visit district schools and assess their security vulnerabilities. 

Most, if not all, of the expense, could be covered by state aid to school districts.

The Board of Education voted on Monday to table the proposal in order to first talk with the consultant, Don Shomette, via Zoom during its Aug. 28 meeting.

A couple of board members called the fee "pricey."

According to Superintendent Mary Kate Hoffman, Shomette has previously worked for Oakfield-Alabama Central School District and Geneseo School District.

"This is something we've talked about for five years, ever since we first started the SRO program, and I think about as I'm reading through (the proposal) it's like it's got to be better than some contractor coming in and saying, 'oh, you should do the windows' or 'you should do this, or you should do that,' you know. I know it's pricey, but for me, I was ok with it," said Board Vice President Jeff Finch. 

When Hoffman asked if he would like to have a meeting with Shomette, Finch said yes.

"Because we can ask him straight up, why is this so pricey?" Finch said. "I mean, obviously, he must have had that question before, so let's do that."

Hoffman described Shomette as a school violence prevention expert with 30 years of experience. She said that he would visit the school campuses -- at a price of $29,500 each -- and "really take a look at every lock, every door, the windows, check every entrance of our schools."

He would then produce a report with specific recommendations about how to improve school safety.

The proposal also includes a $9,875 fee for staff development training.

"His ultimate goal as part of this," she said, apparently quoting him, "is to 'keep away fear, anxiety and threat of violence so students and teachers can direct their efforts on classroom success instead of personal safety. By doing so, students, teachers and parents will achieve a richer experience and higher levels of physical growth.' 

"Now, that sounds very interesting," Hoffman said. "His message is, 'School safety is more than a locked door, a locked window, a procedure for lockdown. It is the relationships you build between your staff and your students.'"

NOTE: The Batavian promised a follow-up story on the appointment of Deputy Trevor Sherwood to the position of school resource officer in Pavilion. We anticipated receiving a copy of the memorandum of understanding between the school district and the Sheriff's Office, which was approved by the board on Monday, and is public record, but Hoffman declined to provide it today. We also made written and telephone requests for an interview on Tuesday, which we anticipated getting, but we were unable to get that interview with Hoffman.  So we have no follow-up story at this time.

Deputy Trevor Sherwood, a Batavia High School graduate who was a star athlete in baseball and basketball, was approved by the Pavilion Board of Education on Monday night as the school district's new resource officer.

The board voted unanimously to approve a new memorandum of understanding with the Genesee County Sheriff's Office.

Superintendent Mary Kate Hoffman told the board that a committee interviewed four deputies for the position and recommended Sherwood.

Sherwood joined the Sheriff's Office on road patrol in early 2021.

The SRO position became vacant after Deputy Jeremy McClellan was reassigned to road patrol at the end of the 2022-23 academic year at the apparent request of the school district, which was a move several parents protested.

The Batavian will have a more complete story on Tuesday.

In 2019, The Msgr. Kirby Knights of Columbus Council 325 graciously offered to start a yearly scholarship fund to celebrate and recognize some of St. Joseph Regional School's students.  The recipients are nominated by the school staff and the awards are presented at the End of the Year Awards Ceremony.  Two students are chosen in grades K-6 and are nominated using the following criteria:

The Knights of Columbus have supported Notre Dame High School and her wonderful students for over 30 years.  Most recently their contributions have helped with building improvements, classroom and technology upgrades, beautification of our campus, and most importantly, tuition support scholarships.

The scholarships provided by the Knights support our mission that the incredibly unique and wonderful Notre Dame experience should be available to all families throughout the region regardless of their financial position.  These scholarships have helped over 100 students graduate from Notre Dame that otherwise would not have been able to attend.  The results of this investment in Notre Dame students can be seen daily here on campus with the many happy faces currently attending, as well as out in the community where Knights-funded Notre Dame graduates are making a positive daily impact throughout the Genesee Region.

At Notre Dame High School we take great pride in being the #1 Ranked High School in the entire GLOW Region, and we have equal pride in our longstanding relationship with the Knights of Columbus.

Information above by Karen Green, principal of St. Joseph School, and Business Administrator Thomas Rapone of Notre Dame High School.