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City Schools administrators will have decisions to make about teacher charged with resisting arrest

By Howard B. Owens

Each situation is weighed individually when a school employee is arrested, City Schools Superintendent Jason Smith told The Batavian in response to a query about the apprehension of a teacher and her husband on March 2.

Both are charged with resisting arrest, and the husband, Aaron Fix, 50, is accused of assaulting a police officer.

Fix has been a volunteer assistant varsity football coach and was the head coach of the flag football team. He resigned from that position following his arrest, Smith said.

Kristen Fix, 49, is a teacher at Robert Morris, which Jackson Primary School administers.

"Many factors are considered in determining how school districts respond to an employee’s arrest, including the nature of the charges, whether and to what extent the charges/conduct are related to the school/students, whether the employee has any prior discipline or related conduct, whether the employee is cooperative in sharing information related to the arrest, among others," Smith said.

He added, "Each matter is reviewed on an individual basis, consistent with applicable provisions of New York State Law and the collective bargaining agreement."

He did not directly address Kristen Fix's status, the status of any investigation, or how the district is proceeding in this individual case.  

While Kristen Fix has been charged, she has not been convicted of any crime. Her case is pending in City Court, and her next scheduled appearance before Judge Andrea Clattenburg is April 4.

While a matter is under review, under state law, it is a personnel issue. When there is disciplinary action against a government employee, it is generally public record.

The incident involving the Fixes began at 10:22 p.m. on March 2 with a traffic stop by Deputy Zachary Hoy in the area of 561 East Main St., Batavia. 

According to a report by Hoy obtained by The Batavian from City Court, Kristen Fix was driving a vehicle that was observed moving out of its lane of travel, almost striking a curb, and stopping in the middle of the roadway.

Kristen was charged with DWI (first offense), resisting arrest, obstructing governmental administration in the second degree, moving from lane unsafely, and unlicensed driver.

The resisting arrest is based on an allegation that she walked away from officers while being advised she was under arrest.

On the report for refusal to submit to a chemical test, the section listing evidence of alleged impairment includes being "abusive."  

Aaron Fix is charged with assault in the second degree, resisting arrest, criminal mischief in the fourth degree, and obstructing governmental administration in the second degree.

Based on court documents, Aaron is accused of interfering with the arrest of Kristen. He allegedly got in and out of the vehicle multiple times.

He is accused of resisting arrest by stiffening his arms when officers attempted to place handcuffs on him.

He is charged with assault in the second degree with intent to injure an officer based on alleged injuries sustained by Officer Andrew Mruczek.  Mruczek reportedly sustained injuries on his neck and the right side of his forehead.

The charge of criminal mischief is based on an accusation that Aaron intentionally damaged Mruczek's uniform collar brass.

Aaron's next court appearance is scheduled for April 17 before Judge Durin Rogers.

Richmond library takes over, pays for financial duties once performed by city school district

By Joanne Beck
Beth Paine Feb. 2023
2023 File Photo of Richmond Memorial Library Director Beth Paine
Photo by Howard Owens

For the first time in decades, Richmond Memorial Library will be taking care of its own financial duties versus allowing the city school district to provide an in-kind service as part of its landlord-tenant relationship.

The district was made aware of the change with a letter from library Board President Jessica Ecock-Rotondo, who wrote to inform the district that as of 2024, the library “will be departing our accounting and payroll from the Batavia City School District” and will be working with RPM Payroll and Rupert Accounting. 

Given that the library had receive this as an in-kind service at no extra charge, The Batavian asked library Director Beth Paine, who just celebrated her first year in Batavia, about the additional costs now being incurred, and how to explain that to taxpayers. 

Paine said that this new arrangement was something that she had been used to from her previous position before coming to Batavia.

“The board and I agreed that we prefer to have everything in-house so that we have direct control over our finances. In my previous director position at a school district library, all financial functions were done in-house and it made the whole process more streamlined and it was much easier to deal with time-sensitive issues,” Paine said. “It could be difficult to deal with any changes that needed to be made quickly when we needed to contact the district each time before we could proceed. We also preferred to do our own payroll as it was easier to track our staff leave time and again to make any changes that were needed immediately.”

She has taken over the payroll and related duties, she said, and the library accounts payable clerk and accounts receivable clerk have taken over the bookkeeping tasks. The library has hired an outside accountant to “oversee all of these functions, and we have hired a payroll company to process our payroll.,” she said.

“The cost of the change was minimal, as we were already paying Wayne-Finger Lakes BOCES for the financial software and administration of the accounting functions,” she said. “We also recently switched from a higher-priced human resources company to a company with a much more reasonable pricing scale for the same services. The savings from that change more than cover the small increase in our accounting costs.” 

Batavia School Superintendent Jason Smith said the district has a “long history of providing this in-kind support to and for the Richmond Library.”

“And have been glad to do so, as the library was bequeathed to the district by Mary Richmond many, many years ago,” he said. “We essentially have a "landlord/tenant" relationship with the library, where we provide for upkeep (a part of our recently approved Capital Project includes improvements at RML), and up until Dec. 4, 2023, provided in-kind financial support.”

The district has been providing these financial services to the library for “a very long time,” he said and also performed purchasing on behalf of RML before that was taken back as well. 

“The district has the capability, understanding and staff to perform the accounting and payroll functions for RML,” he said. “These are the main reasons why the district performed these tasks on behalf of RML.”

The library’s tax levy this year was $1,381,469, with a tax rate of $1.19 per $1,000 assessed value. So for a house assessed at $100,000, that’s an extra $119 a year for library services in addition to city school taxes of $17.18 per $1,000, or $1,718.

First Amendment question left unresolved in plea deal for Batavia mother accused of harassing school officials

By Howard B. Owens

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

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.

Long, a 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.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing 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."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

Batavia City Schools to deal with reduced funding as COVID grants come to an end

By Joanne Beck
Jason Smith

During his superintendent’s report, Jason Smith updated Batavia City Schools board members Monday about project decreases in revenue for this year’s budget, including several federal grants that will be winding down in September and state-issued Foundation aid recently laid out in Governor Kathy Hochul’s budget.

“With the Governor's current budget proposal, BCSD is slated to receive $24,177,919, which is a $13,936 reduction from last year's Foundation Aid. However, had the Governor not adjusted the current law, BCSD would be receiving, and I would argue is entitled to receive, an additional $277,141 in Foundation Aid,” Smith told The Batavian Wednesday. “It is especially frustrating that this was changed with very little notice to school districts, further hampering our ability to plan our budget and programs for students accordingly.”

Smith plans to review options for how to deal with a decrease in aid, and those expiring three-year grants that were given to the district during COVID to provide additional support to students. 

The COVID funds are that of the American Rescue Plan Act, which divvied up additional monies for municipalities, and for school districts to apply toward student-needed measures in the current post-pandemic era.

The district dedicated a large portion to the hiring of a second school resource officer and several new teaching positions and placed a focus on students’ mental health and social-emotional learning.

In October 2022, Thomas Ramming of Thomas Ramming Consulting, Inc., presented his study on the district that found “a lack of comprehensive and strategic staffing plan, increased teacher positions paid for with additional federal and state aid despite declining enrollment, and a large number of school counselors per federal recommendations,” based on at least some of those increased hirings.

When school board members raised the point that his study was conducted after the pandemic, Ramming admitted that the whole COVID scenario was not calculated in the overall findings. 

He did suggest, however, that the district continuously assess whether the extra personnel will be warranted in the future. And if that’s the case, the district needs a plan for how to pay for those salaries and benefits, Ramming had said.

It would seem that time is coming, for dealing with both reduced aid and grant funding.

"Recommendations will be provided to the board over the upcoming budget preparation season, slated to begin in February," Smith said.

In other district financial news, the board approved a four-year contract with the Batavia Administrator’s union that provides them with:

  • A four percent raise each year;
  • Increased starting salaries for assistant principals “to recruit exceptional talent,” Smith said;
  • The removal of an incentive that was related to the graduation rate; and
  • Increased health insurance rate premiums by 2 percent, 2 percent, 3 percent and 3 percent for current contribution rates of between 14 to 25 percent, depending on the selected plan.

“The Batavia Administrators Association last rolled over its agreement in 2021, so this is truly a new contract for them since 2018 when the last contract was negotiated,” Smith said.

The board also approved:

  • Payment of $42,400 to Mollenberg-Betz, Inc. for the emergency repair of sump pumps at John Kennedy Intermediate School. 
  • In early October 2023, the Buildings and Grounds staff discovered that the sump pumps located in the JK basement had failed, and the Board of Education approved an emergency project during its Dec. 19, 2023 meeting. 

    The state Education Department approved the emergency project designation, normal bidding procedures were suspended in order to proceed, and the necessary electrical and plumbing work was completed.

  • A compensation adjustment of $8,000 for Clark Patterson Lee as an amendment for the company’s professional services agreement of April 27, 2022.

BCSD board approves three transportation contracts with STA worth more than $11M

By Joanne Beck

The Batavia City Schools' board approved five-year contracts Monday with Student Transportation of America for transportation from home to school, field and sports trips and during the summer worth more than $11 million that will be part of this year’s budget vote in May.

Business Administrator Andrew Lang explained, in a memo to the board, that the district engaged in a bid process this past November to procure student transportation services for the next five years. Prior to this, he said, the district had extended a previously awarded contract with STA for a period of five years. 

The bid process included a detailed specification outlining the district’s transportation program and current transportation needs. The bid included five separate contracts for home-to-school, special needs and homeless, field and sports trips, summer special needs and homeless, and summer home-to-school.

There was only one bid, which came from STA, and only for three contracts of home-to-school, field and sports trips, and summer home-to-school, Lang said. 

“As this is a multi-year contract, voter approval is required,” he said. “This is done by noting the estimated five-year contract cost in the 2024-25 public budget document.”

He recommended that the board award the bids to STA for the designated amounts as follows:

  • Home-to-school transportation for a total five-year cost, including bus monitor/attendant, of $8,438,451.10. Rates range from up to three hours at $360 in this school year up to $437.58 in 2028-29, and $386.45 for four hours plus $74.28 per hour after that, up to $469.73 plus $90.29.
  • Field and sports trip transportation for a total five-year cost, plus bus monitor, for $2,099,470.78. Driving rates are $98 for this school year, up to $119.12 in 2028-29 for in-district, plus an extra cost of $1.58 per mile this year, up to $1.92 in 2028-29 for out-of-district trips.
  • Summer home-to-school and bus monitor/attendant total five-year cost of $607,982.44. Prices are the same as regular home-to-school until after four hours, when rates change to $405.02 for 4.5 hours for 2024-25 up to $492.30 in 2028-29 and $423.59 for five hours up to $514.88, with $74.28 per hour after that, up to $90.29 during the fifth year of the contract.
  • Bus monitor/attendant rates are the same for all contracts, at $34.93 per hour in 2024-25 up to $42.46 in 2028-29.

The board approved a motion as part of the consent agenda during Monday’s Board of Education meeting.

The contract runs from the 2024-25 school year through 2028-29.

Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

By Howard B. Owens
district office Batavia City School District
Batavia City School District, District Office.
Photo by Howard Owens.

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:

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."

Q&A with Superintendent Jason Smith and Board President John Marucci regarding the arrest of Kate Long

By Howard B. Owens

For Related story, see: Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

Jason Smith
Jason Smith

Jason Smith:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Provided that the dialogue is respectful, fair and reasonable, of course not. The Board and I regularly receive emails from parents in which the dialogue is cordial and respectful.

In this particular case, however, we responded to a situation that called for a firm response. The Board of Education received numerous emails in a very short period of time from Ms. Long with inappropriate and inflammatory language, including one that said, '"Fuck you all.  You all are jokes.  You call yourself educators.  You reap what you sow," and we had no indication that they were going to cease until the issue was resolved to the complete satisfaction of Ms. Long—which we could not do after numerous attempts to find a qualified teacher.  In addition, she explicitly indicated that the Board should "Look forward to more messages every single day..."

In Ms. Long’s case, she received two emails from our Board Vice President and two emails from me, so her concerns were in fact heard and responded to in a timely and respectful manner. 

While Ms. Long initially stated her concerns in a respectful manner, they quickly escalated.

Are you concerned that her arrest may have violated her constitutional rights?

We brought the concerns to the attention of the Batavia Police Department, and an officer looked into it and determined that her behavior warranted the arrest.

It is the job of the courts and legislature to determine if these laws violate constitutional rights, and while some might disagree with the law’s reach, it continues to be a valid law in New York State.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

No, there is no concern regarding the message sent to students about civil rights. This incident actually serves as an educational opportunity. We want our students to learn the importance of engaging in civil discourse in a respectful, reasonable, and fair manner.

Unfortunately, Ms. Long's approach did not reflect these values, which are essential in public education and have been upheld for decades. As an educator and leader, my role includes actively listening to all members of our community and striving to foster mutual understanding and respect.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

There are channels that individuals can follow when addressing their concerns, which our District and Board of Education members consistently follow and encourage. 

To be clear, Ms. Long’s concerns were heard, again as evidenced by my response and that of our Board Vice President. BMS Principal Nate Korzelius also corresponded with her.

In fact, due in part to her concerns, we course-corrected and made a few changes to the way the online Spanish class was being taught—changes which Ms. Long acknowledged and appreciated. 

Should public officials be shielded from annoying and upsetting speech?

No, not at all, but when it crosses the line, as it did in Ms. Long’s case, there are laws on the books that are designed to prevent this type of inappropriate behavior, as well as the BCSD Code of Conduct, where parent behavior is also addressed.

Our Board of Education and our District communicate and listen to our families and students every single day. Is every single situation resolved to the satisfaction of all? Of course not—that is nearly impossible. And again, in Ms. Long’s case, we responded to her concerns, and addressed them to the best of our ability in a timely and respectful manner.

As a school district, we deeply value the rights of parents and community members to express their concerns and opinions. We understand and respect the importance of open dialogue and encourage our community to actively participate in discussions about our schools' operations and policies.

However, it is equally important to maintain a respectful and safe environment for everyone in our school community, including our board members and staff. 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.

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.

We remain committed to transparency and accountability in our operations and continue to welcome and value input from our community provided it is expressed in a manner that respects the dignity and rights of all individuals involved.

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John Marucci:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Our decision was not about seeking charges against a citizen. 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.

Are you concerned that her arrest may have violated her constitutional rights?

As a Board, we respect the legal process and constitutional rights. Our role was to report an escalating concern; the legal system, guided by New York State law, determines the rights and violations. We trust in this process and its ability to uphold the law and protect rights.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

There's no concern about a wrong message on civil rights. This situation highlights the importance of respectful and civil discourse when expressing concerns.

Our entire community, including the Board, administration, teachers, staff, and parents, are working together to foster a thriving and supportive educational environment. To do this, we must engage in more constructive conversations.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

We believe in open, respectful dialogue with all community members. 

We always strive to balance the need for respectful communication with the right to express concerns, ensuring everyone is heard but within the bounds of civility.

Should public officials be shielded from annoying and upsetting speech?

Freedom of speech is a cornerstone of our community values, but it comes with the responsibility to maintain a respectful and safe environment. 

While we listen and respond to all concerns, there is a line where speech becomes disruptive or harassing. 

Our actions, in this case, were to protect the well-being of our school community and uphold a standard of respect and civility, not to suppress free speech or discourage community engagement.

More votes come in for B-B library, support is strong for new tax, city school district

By Joanne Beck

Overall, citizens throughout Genesee County supported measures to keep incumbents in place, add a tax to ensure services at Byron-Bergen library, and include Batavia and all small city schools in removal from special constitutional debt limits.

The totals for Byron-Bergen Public Library’s proposition vote have changed, though citizens of the towns of Byron and Bergen are still leaning toward approval of a new tax, with votes of 689 yes to 618 no.

Results from the general election were not complete in the Town of Byron as of Tuesday night, according to the Board of Elections. 

The library vote for Proposition 3 to establish an annual 55-cent per $1,000 assessed valuation was supported at the time by a vote of 545 yes to 467 no. As of Wednesday afternoon, those numbers shifted to 689 yes to 618 no from the towns of Byron and Bergen.

Library board President Sally Capurso has not responded to requests for comment about what that will mean for the library as of Wednesday afternoon.

Genesee County Republican Committee Chairman Scott German stepped into the role for his first general election, filling the seat of resigning chair Dick Siebert.

Several Republican incumbents retained their seats, and German was “obviously, very pleased” with Tuesday’s results, he said.

“First, I’d like to thank our previous county Republican chairman Richard Siebert for providing us with excellent candidates. Then once in office, our Republican candidates do a great job, starting with our chair of the legislature Shelley Stein, who provides great leadership to our county government,” German said Wednesday. “Our legislators have led our county through some tough times while keeping our county taxes under the tax cap for several years. I think the voters of Genesee County appreciate what a great job Republicans do for the taxpayers of this great county.” 

Likewise, Batavia City Schools Superintendent Jason Smith was happy with the news that voters, not only locally but across New York State, approved Proposition 1, which will have a direct impact on small city schools.

The Batavian asked Smith a few questions about the vote and related new law.

Jason Smith

Are you surprised at the outcome? What does this mean for Batavia City Schools?
“Given the positive advocacy and support that occurred for this proposition, I am not surprised at today’s outcome. We at BCSD are grateful for the support of the voters of New York for supporting this important proposition,” Smith said. “The passage of this ballot will essentially place small schools on equal footing as our other district counterparts, where we are now allowed to borrow an additional 5 percent of our assessed value for future capital projects. However, this will not impact the current capital improvement project we recently proposed.” 

Why do you think voters went this way, given that it means small city districts can incur more debt to take on more/bigger capital projects?
“It is an antiquated law that needed to be updated, and again, we at BCSD are grateful that voters recognized that,” Smith said. “Small city school districts should have the same limits as others, and our students and programs will only stand to benefit.” 

What realistic impact will this have on future tax rates if school districts are acquiring more debt to do more projects?
“As with the project that we have currently proposed, which if passed will result in no tax increase, our Board and I recognize the need to be conservative in planning for budgets and capital projects,” Smith said. “That being said, had this law been in effect for this current project, we would have been able to borrow additional funds to support more improvements and upgrades while keeping our commitment to no additional taxes.” 

Do you already have ideas for what BCSD needs in terms of future capital projects? When could Batavia put this new debt limit change into effect, given you have a capital project on the books and up for vote right now?
“There are several items on our recently completed building condition survey that did not make it into the  BCSD Reimagined Project (our current proposal), and we will undoubtedly revisit those items again,” he said. “However, essential and critical safety items were included in this project. I would suspect it would be at least three to five years before we consider another capital project, assuming we have a positive vote on Thursday, December 14.”

Unofficial voting across the state showed that nearly 57 percent of residents supported the measure of Proposition 1 to allow for the removal of small city school districts from special constitution debt limits, with 1,381,911 voting yes and 31.4 percent, or 766,036 voting no.

Locally in Genesee County, district residents also approved, with 3,153 yes votes and 2,460 voting no. 

Photos: Halloween at Batavia City Schools

By Howard B. Owens
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Students at Jackson Primary and John Kennedy Intermediate schools went for a trick-or-treat in costume on Tuesday morning, getting treats from police officers, firefighters, bus drivers, and city public works personnel.

The kids at Robert Morris visited a petting zoo, picked out a pumpkin from a pumpkin patch, and enjoyed a snack of doughnut holes and apple cider.

Photos by Howard Owens.

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batavia city schools halloween 2023
batavia city schools halloween 2023

Fall, football, and security is back at VanDetta

By Joanne Beck
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File photo from 2018 by Howard Owens.

Fall is in the air, with the return of school, football games, and security guards at VanDetta Stadium.

The city school district issued a reminder letter this week about proper protocols during games at the sports venue, including extra security, wanding for “unauthorized” items, and monitoring parking. 

The district’s Board of Education has hired the firm Armor Security for the past two years to provide on-site security and wanding checks at the entrance, and Batavia City Police officers also provide coverage during games.

“Security at large gatherings has become more of a focus for police departments and school districts across the country as well as ours. We have increased security efforts or police presence at nearly all our special events and details, including BCSD’s home football games and other BCSD events that are projected to draw larger attendance,” Chief Shawn Heubusch said. “The ability to respond quickly and to effectively address any matter that may present itself at large gatherings is key to keeping the event safe and orderly. We take the safety and security of these events very seriously and enjoy a great working relationship with the District to make them as safe as possible.”

The district’s school resource officers also provide “enhanced security” in and around Van Detta and at other large events, he said. Their salaries and overtime costs are paid through the district as part of an agreement with the city of Batavia, he said. 

Superintendent Jason Smith said that this year’s letter is a reminder of similar policies as last year, with the addition of also sending a copy to each school that Batavia will be hosting this year. The Blue Devils will be hosting Wayne Central at 7 p.m. on Friday. 

“We continue to draw a large crowd at each home game, and the District is being both proactive again and reminding our supportive community members of our procedures that we successfully implemented last year. We also want our fans to park courteously to our neighbors, and I know our neighbors appreciate these efforts,” Smith said.  “Safety continues to be a major district priority, and with our home games drawing such large crowds, it only makes sense that we continue to implement these proactive measures.” 

The district began to charge a $2 fee for games last year, which is used to cover costs associated with hosting home football games, Smith said. 

All of these security efforts have a price tag — a fee of $29 an hour per Armor Security guard at about five hours each per game, plus the time/overtime of city police officers and SROs. Those numbers were not available by the time of publication.

The district letter is below:

Dear BCSD Families, 

With the 2023-24 school year in full swing, we are excited to announce that our state-of-the-art facility at VanDetta Stadium will once again be hosting athletic events.

We continue to make safety our number one priority for students, staff, and community members attending events at VanDetta Stadium. We’re anticipating large crowds throughout the season, and we want to make you aware of the enhanced safety protocols, guidelines, and expectations when attending our Varsity Football games:

  • All attendees will be wand-checked by our security team to ensure no prohibited items are brought into the facility.
  • VanDetta Stadium is located in a neighborhood, so please be courteous and do not block driveways, throw trash on the ground, or use foul language. Please be a good neighbor. Parking regulations will be strictly enforced by the Batavia Police Department.
  • All students ages 12 and under should be accompanied by an adult.
  • We will be charging adults a $2 admission fee for all Varsity Football games. Students and seniors ages 62 and over will have free admission.
  • We suggest you arrive early to avoid security delays upon entry.
  • We’ll also continue to have a security presence around the stadium during events. We’re once again collaborating with Armor Security this year to help support our administrators, athletic event workers, and the Batavia Police Department to make sure safety remains a priority at our events.  

We cannot wait to welcome you back to VanDetta Stadium for another exciting season of Blue Devil events and cheer on our wonderful student-athletes. Let’s all do our part to keep our school grounds, students, faculty, staff, and community safe. 

Thank you,

Jason Smith, Superintendent
Timm Slade, Acting Director of Health, Physical Education and Athletics

Bugs and toads and ferris wheels help bring kids into 21st Century at BCSD

By Joanne Beck
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Augustus Rojo-Hallock, Logan Oxencis and Lavanya Main talk about a board game during the 21st Century Innovation Camp this week at John Kennedy School. The camp ran for five weeks, ending Friday. 
Photo by Howard Owens.

First-time business owner Ember Arend enjoyed the prospects of running a fish ’n chip shop in Batavia, she said, thought there were plenty of lessons to learn before finding success.

First, she would have to price her meals something more reasonable to turn a profit.

“I had my fish listed for $1 or $2 and had to put it up to $13 to make some money,” the 10-year-old said at John Kennedy Intermediate School. “And an employee wanted to sell burgers, and I said no, I’m lowering your payment because you said we’re selling burgers.”

Perhaps that’s why the soon-to-be fifth-grader said that the nature class was her favorite: she only dealt with toads. 

Ember is one of 45 children who participated in Batavia City School District’s inaugural 21st Century innovation camp this summer that ran along with summer school.

Meant to be a “nurturing, fun environment,” the five-day per week program offered three different courses: nature and exploration, building and engineering, and music and drama. 

The 21st Century program is grant-based and offered through the state Education Department by application.

“We applied because we wanted to have more opportunities for kids outside of the school day,” said Dr. Molly Corey, executive director of curriculum and instruction. "And it was nice the 21st Century allowed us to expand summer programming to include additional things, fun things, for kids to do in a structured environment after the extended day programming.”

Rather than a set content that is done during the school year, this is considered to be more of an “enrichment program,” teacher Alyssa Elliott said. 

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Teacher Alyssa Elliott

“So within those three areas, the teachers have been setting up fun, different prompts. Today in the building room, they were creating a Ferris wheel and cars, and in the nature room, they were creating bug hotels with natural materials. And in the music and drama room today, they were creating board games,” Elliott said. “So they set up those prompts and see what the students do with it and ask them questions to get them to explore their interests even further. Or there's a student that is really interested in building, and they're in there, and they come up with another idea that teachers just run with it and help them explore their curiosities and what they're interested in and try to connect it back to the academic content as much as possible, but it's more of like an open-ended exploration.”

There’s an extended day-school violence grant that “allows us to do after-school activities for at-risk students, Corey said, and the 21st Century program is open to all students. 

“So we really wanted to expand based on interest,” she said. “After this summer, we’ll open it, technically it could be for K through 12. But we just did it this year, we started small with one site. But our intent is to expand it in all schools for after school in the fall and next summer.”

The grant program is for five years, and according to the state Education Department’s website, the grant is for $228,393.

Considering it’s summertime and most of the kids have been making it to school every day, that might say something about the program’s success so far. 

Augustus Rojo-Hallock has been having so much fun, he was going to be sad when it ends on Friday, he said. 

“I’ll wait to next year for summer school to come back again,” the eight-year-old said while showing his partially crafted Ferris wheel.  “This can spin by itself.”

While it may sound merely like fun and games, there’s more to the projects, Elliott said. 

“They had to be able to look at the pictures of the directions and read the words and problem solve. If something wasn't working, we had to figure out what they did incorrectly and how they can improve and personally persevere through solving it because it was really tricky,” she said. “And then with the bug hotels is the same kind of problem-solving skills, trying to design something and seeing what works and what doesn't. And then the board games, they were doing a lot of writing and thinking ahead …”

Augustus named building and engineering as his favorite space because “it does a lot of fun things,” including the Lego boat, magnet and milk carton car that he got to make by himself. 

Logan Oxencis and Lavanya Main explained how they created a board game, they titled “The Game That Never Ends (until after 20 rounds),” complete with handmade dice and board pieces. 

Logan, going into fourth grade, made a diamond card, helicopter, motorcycle, and Superman, using bright colors for each. 

“This is a little challenging,” he said. “I decided to put in some color and make it not dull. And the dice is colorful, so it’s not boring.”

They also drafted rules, which began with no cheating. That seemed to be a common starting point, as nine-year-old Mira Ferrando’s Candy Planet game also began with “Don’t Cheat!” And ended with “Don’t Quit and Have Fun.”

Did they ever hit a point where they weren’t sure what to do?

“Some parts I didn’t know what to do,” eight-year-old Lavanya said. “I just figured out what to do, I figured it out in my mind.”

Over at nature and exploration, Lucas Norman had “the most fun,” he said, building a bug hotel out of outdoor debris and household goods — leaves, moss, toilet paper rolls, part of a plastic pop bottle and a shoe box, to name a few items.

And, of course, there was one other important reason.

“Because we got to explore outside, and we got to see a toad,” he said.

The 21st Century camp ran for five weeks as one of several district extended-year programs, including acceleration camps, SOAR, math and literacy camps, and My Brother’s Keeper. 

After COVID’s social distancing separated kids from the school environment, teachers and their classmates for so long, many educators had noticed setbacks in student learning. The Batavian asked how these students are doing now.

“I think one of the biggest things from COVID was the social-emotional piece. And I think that's one thing that the summer programs really helped with, just interacting with other kids and doing group work, and even just coming in school and having those conversations with teachers,” Elliott said. “And so I think that's a really important piece that the summer programs helped to address and something that I saw kids struggle a little bit with after being gone for so long. And I also see some improvement in mathematics if I know that they were at summer school.”

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Mira Ferrando checks out her board game, Candy Planet, during camp at John Kennedy School in Batavia. 
Photo by Howard Owens.
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Lucas Norman and Ember Arend show off their bug hotel. 
 Photo by Howard Owens.
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City Schools names experienced educator new BHS principal

By Howard B. Owens

Press release:

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Jennifer Wesp-Liestman

On Monday, July 10, upon recommendation from Superintendent Jason Smith, the Batavia City School District Board of Education approved the appointment of Jennifer Wesp-Liestman as Principal of Batavia High School, effective August 1, 2023.

Wesp-Liestman has served as assistant principal at both Spencerport High School and Greece Odyssey Academy. She also served as a special education teacher in the Churchville-Chili and Greece Central School Districts. She received both a Bachelor of Arts Degree in Psychology with a Concentration in Elementary and Special Education and a Master of Science Degree in Inclusive Education from Nazareth College. She has a Certificate of Advanced Studies in Educational Administration from the State University of New York College at Brockport. Wesp-Liestman also serves as an adjunct professor at Roberts Wesleyan College in the Pathways to Teaching Program.

“I am excited to welcome Jennifer Wesp-Liestman to Batavia High School and our BCSD community,” said Superintendent Jason Smith. “Jennifer comes to us with an exceptional administrative background and an impressive foundation in education. I look forward to watching her execute her vision for Batavia High School, and she’ll be a welcomed addition to our leadership team. I want to also thank our faculty, staff, students, and parent representatives who participated in our interview process—it truly was a collaborative experience.”   

“I am absolutely thrilled to be joining the Batavia City School District as the new principal of Batavia High School. From the moment I set foot on campus, it immediately felt like a family,” said Wesp-Liestman. “I have a special place in my heart for BCSD as my father proudly attended John Kennedy School when he was a young boy. As we look ahead to the new school year, I am eagerly anticipating working with our exceptional students, dedicated staff, and inspiring teachers. Together, we will make this year a remarkable journey of learning, growth, and success for all.”

Omar Hussain and Jessica Korzelius will return as assistant principals, joining Jennifer Wesp-Liestman to complete the BHS leadership team for the 2023-24 school year.

From minions to murals, wellness was creative Saturday at Robert Morris

By Joanne Beck
Teddy Bear Clinic at RM 6/17/23
Takara Odom, 3, with her minion, Laurie Ferrando of Healthy Living, and Takara's sister Emeli Lopez, 8, enjoy the Creative Communities Interactive Health Fest, including the Teddy Bear Clinic, Saturday at Robert Morris School in Batavia. Photo by Joanne Beck.

Takara Odom may not have realized it Saturday, but her minion’s emergency repair may one day help the three-year-old deal with her own medical needs.

Takara, of Batavia, attended a Teddy Bear Clinic during the Creative Communities: Interactive Health Fest Saturday at Robert Morris School.

With a focus on whole body health, including physical, mental, social and emotional well-being, the event was to provide opportunities to learn about ways to strengthen one’s overall fitness, including when dealing with doctor and emergency room visits, said Laurie Ferrando of Rochester Regional Health’s Healthy Living program.

“This offers exposure to some of the things they might have to come into contact with,” she said. “It really does help with those things to make it not so scary.”

Takara brought in her baby minion for some TLC and, while wearing her own surgical cap, was allowed to see various procedures and touch the instruments used to help her baby get better. Ideally, that will ease Takara's mind down the road when and if she may need her own medical treatment because she has been exposed to objects and procedures that will now be more familiar to her in the future, Ferrando said.

Addison Forsyth, 12, and Madelyn Demena, 12, of Batavia
Addison Forsyth, 12, and Madelyn Demena, 12, both of Batavia, show their colorful artworks made Saturday during the Creative Communities event at Robert Morris School in Batavia. Photo by Joanne Beck.

Art teacher Linda Fix was at another table, where she offered a creative workshop for the day. Students Addison Forsyth and Madelyn Demena, both 12 and going into seventh grade at Batavia Middle School this fall, were each finishing up their crafts.

The girls had visited all of the tables earlier and played some games but spent the majority of their time fine-tuning their pieces — a brilliant butterfly scene for Addison and a colorful flower masterpiece for Madelyn.

Thanks to a grant through GO ART!, Fix is working on a project titled “Kindness, Empathy and You,” which will end up as a traveling exhibit of her work.

Art Teacher Linda Fix
Art Teacher Linda Fix overseeing her workshop Saturday at Robert Morris School. Photo by Joanne Beck.

“My primary goal is to paint a large mural on the wall at John Kennedy (Intermediate) School on Vine Street in Batavia. The mural will then be professionally photographed, and will be transferred to canvas and become a traveling mural in the Batavia School system,” she said. “The workshops will concentrate on the theme of the project with expressions, and creativity through art.”

A marketing company based in Buffalo will be reproducing the mural, which is to be ready for travel by mid to later July, she said.

The second half of Saturday provided families the opportunity to visit the Just Kings Juneteenth Freedom Celebration at Williams Park.

City Schools cancels outdoor activities for Wednesday

By Press Release

Statement from Batavia City School District Superintendent Jason Smith:

Dear BCSD Families and Community, 

As you may have seen on the news, experts believe the air quality issues we’ve been experiencing due to the fires in Canada will continue in the coming days. 

Therefore, all BCSD outdoor activities are canceled on Wednesday, June 7

We are in talks with Section V regarding tomorrow’s Sectional Flag Football game. As of right now, the game is scheduled to go on as planned, but please keep an eye on our BCSD Facebook page for the most up-to-date information, as the status may change. 

We’ll continue to provide district-wide updates should the air quality issues continue. I’ve also discussed the situation with our Buildings and Grounds team, and they assure me there are no concerns with indoor air quality at this time. 

For additional information on the status of individual school-based activities, like class field trips, you will get more information from your child’s school directly. Please reach out to your child’s main office if you have any questions.  
 
Thank you.
Jason Smith
Superintendent of Schools

UPDATE 10:11 p.m.: The Batavian has asked other district superintendents for their plans for Wednesday. We will update this post and information is released to us.

  • Le Roy: Superintendent Merritt Holly said that the district's participation in the Kinderfarmin event in Pavilion, an outside event, has been canceled. Also, physical education classes and recess activities will also remain inside unless the projected air quality levels improve.

UPDATE June 7 at 9 a.m.: 

  • Oakfield-Alabama: Superintendent John Fisgus sent the following message to the school community: "The recent forest fires in Canada have significantly impacted the air quality in our WNY region. Based upon the guidance we have received from our various health and weather authorities and out of an abundance of caution, we will be limiting all outdoor activities today, Wednesday, June 7." Some information for today: The ES KInderfarming trip has been canceled. All outdoor activities (recess, PE classes) are canceled for today. Students will remain indoors. The HS Sports Awards Ceremony will continue tonight as scheduled.
  • Elba: From Superintendent Gretchen Rosales, "We have been carefully monitoring the air quality index and have been in contact with the Department of Health regarding safe practices for our students and staff.  At this time, we have postponed one outdoor field trip and are holding PE and recess indoors today.  Otherwise, we are holding off on wider cancellations as the air quality index can fluctuate.  While we are taking a wait-and-see approach, we also encourage our Lancer family to always make the best decisions for their children; should any parent or guardian wish to have their child remain indoors for the time being, we will certainly honor their decision."

UPDATE 1:25 p.m.: Elba is holding all activities indoors.

10 BHS seniors to vie for Mr. Batavia 2023 this Friday

By Joanne Beck

This year's Mr. Batavia contest features 10 Batavia High School seniors who are prepping to compete for the esteemed title at the 10th annual competition. It's set to begin at 7 p.m. Friday in the Frank E. Owen Auditorium at BHS, 260 State St., Batavia.

The students compete in multiple rounds of the event to display their various talents -- from singing and comedy to playing instruments and acting. Donations raised from ticket sales and donations will be given to the top three winners’ charities. Since 2013, the annual event has raised $32,719 for local organizations.  

This year’s contestants

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Aidan Anderson
Batavia VA

 

Aden Chua
Genesee Cancer Assistance Alex Johnson
The David McCarthy Memorial Foundation
Brendan Burgess Volunteers for Animals
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Cooper Fix
Ricky Palermo Foundation
Garrett Schmidt
All Babies Cherished
Ifran Armstrong Crossroads House Shawn Kimball Habitat for Humanity
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    Michael Marchese
Batavia City Schools Foundation
Fabian Vazquez
Golisano’s Children Hospital
   

Additional members of the Mr. Batavia Committee include Julia Clark, Julia Preston, Brooke Scott, Lydia Evans, Clara Wood, Nora Wood, Olivia Shell, Cassidy Crawford, Isabella Walsh, Aleeza Idress, Grace Parker, Brie Gabriel, Jakayla Rivera, Addison Glynn, Bridget Taggart, Alyssa Talone, Anna Varland, Julia Petry, Abby Moore, and Sydney Konieczny.

Hostesses for the evening’s event include Clara Wood, Maya Schrader, and Lucy Taggart.

Staff choreographers for Mr. Batavia include Saniiya Santiago and Melania deSa e Frias. 

Tickets are $10 each and will be sold to students during school lunches the week of April 17 and at the door for the community. 

Lisa Robinson, advisor for Mr. Batavia, would like to thank the Batavia City School Foundation for its help and support in collecting and distributing funds to the local organizations. 

Photos submitted by Batavia City Schools. 

BCSD taxpayers can expect a 1 percent increase in the 2023-24 budget; 3 buses on the shopping list

By Joanne Beck

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City school taxes are expected to go up again this year.

School officials and board members seemed relieved that the increase was brought down from over 3 percent to a 1 percent increase, but it still potentially means an extra $22 a year in property taxes on a home assessed at $125,000.

The Batavia school board approved the proposed 2023-24 budget of $58.9 million with a tax levy of $19,888,991 during its meeting earlier this week. That levy is below the tax cap limit, and the budget is $4.1 million more than the 2022-23 budget, or 7.6 percent.

The Batavian asked Superintendent Jason Smith why the district has an increase at all, given nearly $4 million of additional revenues and recouping state Foundation aid after its absence the last couple of years.

“For context, our allowable tax cap is 8.42 percent, and the preliminary budget presented last week had just over a 3 percent levy increase.  Based on board feedback, the proposed levy has now been reduced to just over 1 percent.  There were a few factors driving this decision.  First, this budget calls for the addition of three school buses from our transportation contractor, which, if drivers can be hired, will reduce the time for our students (to be) on buses, which has been a source of community and family concerns and one which we have listened to,” Smith said.  “Second, our transportation contract will not be renewed at the end of next year, which means the entire contract is up for renewal and is subject to price increases.  We also fully expect the state mandate of electric buses and the related costs with this requirement to be passed down to districts by our future transportation contractor, further increasing costs. The district needs to plan carefully both now and for the future for these increased costs.”

“Additionally, we expect our tax cap for the 2024-25 budget to be negative, which would yield a tax decrease and reduced revenue, and the board and I are not interested in asking our voters to override the tax cap, which would require a 60 percent approval of voters, as opposed to a simple majority,” he said. “Seeking a just over 1 percent levy increase for the 23-24 budget will provide revenue for both the current and future needs of the district.

During this week’s board meeting, Rozanski brought up the option of leaving one or more of the six buses in the budget or removing them. He cut out three to show the cost savings and explained their need to the district. They would be helpful to alleviate some overcrowding on the current buses and, as Smith said, reduce the amount of time that students are on buses to and from school.

Board member Jennifer Lendvay questioned the validity of buying the buses if there aren’t drivers available for them, as Rozanski also indicated. As with employee shortages elsewhere, drivers have been difficult to find as well, he said. There were six buses in the initial budget, and three have been cut out for a reduction of $281,268.

The group ended up voting to accept the budget, which will be presented during a public hearing at 6 p.m. May 8 in the Superintendent’s Conference Room at BHS, 260 State St., Batavia.  District residents will then be able to vote on the budget, three propositions, and two board candidate seats up for election from 11 a.m. to 9 p.m. May 16 at your designated polling site.

A 1 percent tax levy increase was made by cutting $427,746 from the preliminary levy of $20,316,737 through attrition of not replacing four retirements (saving $209,478) and the reduction of three bus purchases, for a total levy of $19,888,991.

Personnel expenses are to increase by $736,084 from last year to $20,845,750, and teacher support is to increase by $587,644 to $7,049,255. According to 2022 data, the average teacher salary is $61,263, plus benefits.

Total contractual costs (general support and teaching, operations/maintenance, interscholastic athletic) are slated to increase by $1 million, for a total of 5,481,864; debt service payments are going up by $781,547; and Rozanski also put 8 percent inflationary costs on the hook for overall increases. Total salaries for the district for 2023-24 are $27,894,975.

“So these 8 percent numbers are big numbers, but they’ve been pretty consistent,” he said. “We also had three to six STA extra buses in the first draft of the budget, to go back to pre-COVID levels where Jackson buses were just servicing Jackson students, and John Kennedy buses, John Kennedy students, all contingent upon their drivers being available. We’re still in trouble, we still struggle to find drivers, not only with STA but our other contractors. So this is an area that was looked at as a possible reduction. So we took out three buses and what's presented tonight, buses and monitors, each cost about $70-some thousand.”

The third proposition of the May vote is to establish a capital improvement reserve fund for the purpose of financing in whole or in part the “acquisition, construction, reconstruction, expansion, renovation, alteration, and improvement of building, facilities, sites and real property” by the district for not greater than $10 million.

“This budget also addresses smart and conservative financial planning for future capital construction and maintenance needs for all of our buildings, Smith said. “Finally, and most importantly, this budget preserves our academic and extra-curricular programs.”

File photo of Student Transportation of America, the bus company serving Batavia City School District, by Howard Owens.

BCSD board approves Juul settlement, lawsuit involves several claims of damages to district

By Joanne Beck

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Batavia City School board members unanimously approved nearly $36,000 in settlement funds Monday from a lawsuit in which the district claimed injury, malice, oppression and fraud against Juul Labs.

As The Batavian first reported on March 7, the city school district was one of 143 districts involved in the lawsuit against the makers of the popular vaping products, alleging that the company “fraudulently and intentionally marketed” its products to children and that those products caused numerous health, financial and structural damages to the district and students.

According to lawsuit documents, the district has had to hire additional personnel, including the second school resource officer, divert current personnel to retain students on campus when possible, purchase extra equipment and supplies, repair damages, and deal with behavioral issues.

The expected proceeds were going to be invested into the city district’s “preventative and restorative” program called Vape University, Superintendent Jason Smith said. Operated at the high school, Vape U is a pilot program geared toward helping students with positive replacement behaviors for vaping.

“I will be meeting with staff in the coming weeks to discuss expanding the program,” Smith said Monday night.

High School Principal Paul Kesler said school leaders are hoping that parents “will reach out to us if they have concerns with their child vaping, so we can proactively help students before they would be caught vaping at school.”

During Monday’s meeting, high school leaders gave a brief overview of the university concept. Omar Hussain, high school assistant principal, noted that taking disciplinary action “without the restorative piece” was not found to be the most effective way to help students caught vaping on campus.

A program has been set up for every Thursday, based on referrals and a student survey, to provide education and mini-counseling sessions to help students deal with and eliminate those behaviors. So far, it seems to have helped, at least with on-site incidents.

"We haven’t had any repeats,” he said.

The settlement’s intent is to provide resources for schools to fund future expenses such as the cost of installing vape detectors in district bathrooms, hiring additional staff to supervise vaping areas on campus, hiring additional counselors to deal with what the plaintiff attorneys cited as well-documented social and emotional issues associated with nicotine addiction, and developing and operating educational programs about the harms of vaping.

In the 287-page lawsuit, filed in the U.S. District Court, Northern District of California, there are several paragraphs listing the ill effects of vaping and the alleged motives behind them. In one section, “JLI (Juul Labs Inc.) distinguishes itself, and established the patentability of its e-liquids, by reference to their superlative ability to deliver nicotine, both in terms of peak blood concentration and total nicotine delivery.

The rate of nicotine absorption is key to providing users with the nicotine “kick” that drives addiction and abuse. Because nicotine yield is strongly correlated with tobacco consumption, a JUUL pod with more nicotine will strongly correlate with higher rates of consumption of JUUL pods, generating more revenue for JUUL,” the plaintiff’s experts state.

“For example, a historic cigarette industry study that looked at smoker employees found that ‘the number of cigarettes the employees smoked per day was directly correlated to the nicotine levels.’ In essence, JLI distinguished itself based on its e-liquids’ extraordinary potential to addict.”

Another study, the case states, “corroborates the key result of the Phase 0 study that the 4 percent benzoate solution delivers more nicotine than a combustible cigarette. The Reilly study tested JUUL’s tobacco, crème brûlée, fruit medley, and mint flavors and found that a puff of JUUL delivered 164 ± 41 micrograms of nicotine per 75 mL puff,” it states.

“By comparison, a 2014 study using larger 100 mL puffs found that a Marlboro cigarette delivered 152-193 μg/puff. Correcting to account for the different puff sizes between these two studies, this suggests that, at 75 mL/puff, a Marlboro would deliver about 114-145 μg/puff. In other words, the Reilly study suggests that JUUL delivers more nicotine per puff than a Marlboro cigarette.”

To boil this down in layman’s terms, it would seem that if kids think they’re escaping the bad effects of nicotine by vaping, they are actually reaping nicotine rather high levels found in regular cigarettes, according to these studies. And the stronger the nicotine, the greater the pull for more, and the more likely an addiction forms.

Smith agrees with the negative impacts that vaping can have on students.

“We sadly have students that vape, and of course, it is detrimental to their overall health and well-being,” he said. “This lawsuit represented an opportunity for the District to perhaps ‘right some wrongs’ on behalf of our students.”  

Another discovery made by Juul’s own scientists in 2014 was that the amount of nicotine in its e-cigarettes delivered could be problematic, as scientists were concerned that “a Juul—unlike a cigarette—never burns out.” So the device gives no signal to the user to stop.

According to one source cited in the case, scientists “didn’t want to introduce a new product with stronger addictive power,” but upper management rejected the concerns that the scientists raised, and “[t]he company never produced an e-cigarette that limited nicotine intake.”

The defendants were found guilty of several infractions, including gross negligence, malice, and breach of duty. As a foreseeable consequence, “plaintiff has suffered and will continue to suffer direct and consequential economic and other injuries as a result of dealing with the e-cigarette epidemic in plaintiff’s schools, including but not limited to:

  • Discipline and suspensions related to incidents of e-cigarette use in Plaintiff’s schools have increased at alarming rates;
  • Because of the alarming rise of discipline and suspensions associated with student e-cigarette use, Plaintiff has devoted and diverted staff resources to develop a diversion program so as to allow students who are caught using e-cigarettes to remain in school and in class where possible;
  • Plaintiff has had to close certain school restrooms to deter the use of e-cigarette devices;
  • Because many students who do not engage in e-cigarette activities do not wish to use the school restrooms even to wash their hands, Plaintiff has rented multiple portable hand-washing stations that have been placed outside of restrooms in an effort to maintain student hygiene and prevent the spread of disease;
  • Students in Plaintiff’s schools have openly charged e-cigarette devices in classrooms, causing disruption and diverting staff resources away from classroom instruction;
  • Students in Plaintiff’s schools, addicted to nicotine, have demonstrated anxious, distracted and acting out behaviors, causing disruption and diverting staff resources away from classroom instruction and requiring additional time and attention for addicted students;
  • Plaintiff has had to devote and divert staff resources to intervening in student e-cigarette activities and coordinating necessary follow-up;
  • Plaintiff has had to devote and divert staff resources to conduct staff training on e-cigarette use;
  • Plaintiff has had to devote and divert staff resources to deploying student, family and parent-teacher education regarding the dangers of e-cigarette products;
  • Plaintiff has had to add an additional high-school vice principal to address issues related to student e-cigarette use;
  • Plaintiff has had to add additional school resource officer (SRO) personnel to focus on deterring and preventing student e-cigarette use.
  • Plaintiff has had to devote additional middle school guidance counseling resources to address issues related to student e-cigarette use;
  • Plaintiff has had to acquire and install numerous additional security cameras on its premises to deter e-cigarette activity;
  • Plaintiff has had to install additional signage on district premises to deter e-cigarette activity; and
  • Expending, diverting and increasing resources to make physical changes to schools and/or address property damage in schools.

When asked about the negative impacts of vaping for the March 7 story, Smith did not respond with any specifics. 

Photo: Stock image.

Checkmate: sixth-grade teacher taught life lessons through chess

By Joanne Beck

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When I saw that Bradley Rogers had died, I stopped for a minute. Then I decided that I wanted to write something about him.

Admittedly, I wasn’t sure that I had enough to write. After all, it has been — well, let’s just say considerable enough years since I knew him that I wasn’t sure I could fill a page.

Mr. Rogers was my sixth-grade teacher at Batavia Middle School. I can still see him, with a round-cheeked grin sitting at his desk with a chessboard all setup. Truth is, my memories of him are as much about the circumstances at the time as they are about that grin.

Up to that point, our neighborhood of girls went to John Kennedy Elementary School, often walking together and then playing after school. When it came time for middle school, the moms of the other girls decided to send them to parochial school, and I went to middle school alone.

That was when the sixth grade was still the starter grade at BMS, and I was assigned to Mr. Rogers’ class. He seemed to be a jovial sort of guy, kind of tough at times, with a grin and a penchant for chess.

I had been learning the game and liked it to the point that my mother had made a showpiece ceramic chess set with glossy cream and red pieces on a polished two-toned wood board. I never used it; I suppose I was afraid that I would break something.

I had a cheaper plastic set but not many partners that I could corral into a game. Well, here was my chance. Mr. Rogers would invite us to a match, and I think I felt honored to be challenged by not only an adult but a teacher.

Life was kind of lonely then, and, actually, throughout the rest of school. Even though it may not have seemed it at the time — those teachers that paid attention in small ways did make an impact. Anything more boisterous would have just pushed me away, and playing chess challenged me intellectually and fed my curiosity to learn more about the game. It's a practice of patience, strategy, foresight, purposeful sacrifice when needed, and -- as fans of "The Queen's Gambit" know -- forbidden premature celebration. 

 At the time, I had no idea how active Mr. Rogers was in the community. He was a JV and Varsity basketball coach at Notre Dame HS and Batavia HS.  He was also a BHS track and golf coach.  He coached summer basketball clinics, was president of the Batavia Teachers’ Association and taught migrant education.  He was a former Genesee County Legislator, General Manager of the former Batavia Clippers, and Director of the NY-Penn Professional Baseball League. 

Mr. Rogers was a member of the St. Joseph’s Holy Name Society, the Knights of Columbus, the Elks Club, Batavia Country Club, and Terry Hills Golf Course (where he shot a hole-in-one on #14). 

An avid sports fan, he loved following St. Bonaventure, Syracuse, and Notre Dame basketball, along with the Yankees and the Bills, plus golfing, fishing, painting, and solving puzzles. No wonder he liked chess; it requires a calm predictive manner to outmaneuver your opponent, perhaps the ultimate puzzle. 

Turns out, his wife, Miss Tehan, was my kindergarten teacher, another wonderful example of a teacher who positively affected me by indulging my creative, spontaneous streak as a youngster. Long story short: she changed her day’s plans and allowed me to put on a puppet show with the puppets my mother brought back for me from a trip to England.

That was another sad and confusing time, as my mom’s trip was when her father -- the grandpa I barely knew -- had died. The puppet show was a fantastic outlet for pain. Miss Tehan made learning fun, enjoyable and, obviously, memorable. She was a good match for Mr. Rogers.

And to add just one more layer to this family affair of educators, little did I know that years later, I would be covering the city school district as a reporter and interacting with Community Schools Coordinator Julia Rogers. It seems apparent that this family has a sincere passion for teaching, and I am thankful for the likes of Mr. Rogers to be in classrooms teaching lessons in math, English, and even chess.

Batavia City Schools to receive $35K as part of mass action lawsuit against Juul

By Joanne Beck

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Editor's Note:  A list of school districts has not been officially distributed, however, The Batavian had obtained a copy of the lawsuit and therefore was aware and was the first to report that Batavia City Schools was one of the districts in the lawsuit. Each district's Board of Education will need to approve the settlement amount before it becomes official, the city school district's communications spokesperson said Tuesday.

Batavia City Schools is slated to receive $35,000 as part of a class action lawsuit that was settled with Juul Labs, Inc. for $3.6 million for its alleged participation in marketing vaping products to children.

The settlement with 143 school districts and BOCES throughout New York State was announced Tuesday. The lawsuit alleged that Juul Labs, makers of popular vaping products, “fraudulently and intentionally marketed” the products to children.

“We sadly have students that vape, and of course it is detrimental to their overall health and well being,” Batavia Superintendent Jason Smith said to The Batavian. “This lawsuit represented an opportunity for the District to perhaps ‘right some wrongs’ on behalf of our students.”  

Smith did not elaborate on the specifics of how the negative effects of vaping were assessed, as asked by The Batavian. 

The city school district has been monitoring bathroom use at the high school, Smith said, and using vaping detectors. Bathroom doors are locked for maintenance and cleaning reasons when needed during the school day, but “that is the only time,” he said. The Batavian asked about locking the bathroom doors in response to receiving some anonymous complaints from the public.

The $35,000 from lawsuit proceeds will be invested in “our preventative and restorative program called VAPE University.”

“It is essentially a program that we pair with traditional consequences for students who have violated the Code of Conduct with respect to vaping,” he said.

BHS Principal Paul Kesler added that Vape University is a program that’s being piloted “to help students with positive replacement behaviors if they are stuggling with quitting vaping.”

“We are hoping that parents will reach out to us if they have concerns with their child vaping so we can proactively help students before they would be caught vaping at school,” Kesler said.

The news release issued Tuesday named Ferrara Fiorenza PC as the plaintiff attorneys representing the school districts in the lawsuit, coordinated with firm partner Jeffrey Lewis in joining a mass tort action seeking recovery for past and future damages relating to student vaping, including money spent on vaping-related issues on campus.

“Vaping among children is an extremely harmful and pervasive problem that our school district clients are facing every day,” Managing Partner Joseph Shields said in the release. “We were thrilled that 143 of our clients opted to stand together and join this mass-action lawsuit to advocate for students and taxpayers throughout the state. This settlement will go a long way in helping our communities, and school districts develop the resources needed to combat the student vaping epidemic.”

The settlement provides resources for schools to fund future expenses, for example, the cost of installing vape detectors in district bathrooms, hiring additional staff to supervise vaping areas on campus, hiring additional counselors to deal with well-documented social and emotional issues associated with nicotine addiction, and developing and operating educational programs about the harms of vaping.

Does Smith believe the district can make an impact on students’ vaping behavior?

“Of course, we always believe that, and that is a core mission--to impact positive change for students,” he said. “Families are encouraged to be part of this process, and their feedback is always welcomed.”

File photo of Jason Smith from Batavia City Schools.

Notes of remembrance: farewell to former music educator Ken Hay

By Joanne Beck

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Ken Hay, one of the most relentless, unforgettable and endearing forces behind the music program at Batavia City Schools, passed away Tuesday, Feb. 28. He is being remembered by former students, staff and friends for his inspiration, talent, confident swagger, and compassionate spirit.

Joshua Pacino, a 2001 Batavia High School grad, has lots of fond and funny memories of Hay, who was band director at the high school from 1982 to 2003.

"Ken Hay was full of bombast and bluster, but he was an incredibly kind teacher. In my freshman year of high school, I was hanging out with my girlfriend at the football game and missed the bus back to school,” Pacino said. “After walking into the band room 30 minutes late, I was expecting to be thoroughly reprimanded. Instead, he just gave me a look and told me my uniform and trombone were by the door and needed to be put away.

"He could be tough on his students. During a rehearsal, he would yell and holler about wanting more from us or explaining that his grandmother could do it better and she was dead,” Pacino said. “But, he was also a champion for them. You would often hear him yell out ‘Nice!’ or ‘Great job!’ in the middle of a piece, sometimes even during the concert, because he wanted you to know you had done well.”

Not only has Pacino walked away with musical lessons and memories from a beloved teacher, but he too is a music teacher, at Batavia Notre Dame High School.

“Most of the music teachers I know chose their profession because one of their own music teachers had a profound impact on their lives. I have been fortunate to have had several such teachers over the years. Each shaped who I am as a teacher, a musician, and as a person,” Pacino said. “When I left music school, I was afraid he was going to think I was a failure. He was, as I should have known, incredibly understanding, kind, and supportive of my decision. That kindness would continue over the years as I finally decided to return to music school, earned my degrees, and began my teaching career.

"We lost Ken Hay today, but I know that his talent and compassion will live on through the decades worth of students that he taught and the uncountable number of lives upon which he had a profound impact,” Pacino said.

A positive influence
Tom Jones played trumpet and met Hay in the summer of 1984 as a freshman in marching band. The 1988 BHS grad played in field marching, concert, jazz, and parade marching bands, and “anything else Mr. Hay requested of me,” he said. That included playing “Taps” at the end of Memorial Day parades in his junior and senior years, and “Amazing Grace” at a service for Terry Anderson, who was being held hostage in Iran.

“Mr. Hay was always providing ways, for me at least, to help me grow as a young man and encourage me.  For example, every Batavia Pageant of Bands, a senior band member was chosen to be his second in charge, attend meetings, coordination of adult volunteers, all band students,” Jones said. “I was with the program all four years at BHS.  Band was my favorite subject, and Mr. Hay was my most influential teacher.  I saw him every day, some evenings for jazz or marching band practices, home football games, occasional weekends for pageant competitions, parades, etc. 

“He was a very big part of my life growing up, and one the reasons why I have continued to play in multiple musical organizations since graduating BHS,” Jones said. 

Michael Muller posted his online condolences, crediting Hay for making Alexander into "a fabulous band program, in the 70s, before he came to Batavia."

"He inspired me to be the Band Director I am today. He got me started with HS NYSSMA Solos, my college auditions, all of it. The last time I saw him was when we honored him at the 2003 Batavia Pageant of Bands, which was the year he retired," Muller said. "He was a fabulous educator, conductor, leader, mentor and friend. He was the real deal, no excuses, and always got us to do great things, be it in concert band, marching band, pit orchestra, or jazz ensemble. RIP Hayster!!"

The year 1987 was a hard one for Jason Mapes, just a teenager at the time, and it was Hay who lifted him from constant pain by being attentive and caring.

“My father passed away unexpectedly in February of 1987, and that was a dark time for me, I was only 13. I had just learned how to play the trumpet a few years back under his wife, Melinda. That summer, just a few months before starting high school, Mr. Hay kept me busy and distracted. I helped him put in his swimming pool on Ellicott Street,” Mapes said. “This one time, at band camp, I learned patience and discipline and hard work. I began to gain confidence and friends and shared such wonderful memories. I participated in everything I could: band, marching band, jazz band (my favorite), chorus, orchestra. I was in the pit for two school musicals and almost became a music educator. I would have put my horn down for good before high school had it not been for Mr. Hay.”

He said he’ll never forget the manner in which Hay taught him how to shake hands. He never let you do it without putting all you had into it.

“To this day, I still play in a few local music groups, and whenever I shake someone's hand, I almost rip it off!” Mapes said. 

Lifelong lessons
Batavia City Schools Superintendent Jason Smith obtained music education from not only Hay but also other deep-rooted instruction, he said.

“As a proud BHS music alumnus, Class of 1990, I am saddened by the passing of our beloved Mr. Hay. He was not only an excellent music teacher of mine for four years, I learned valuable life and leadership lessons from him that serves me well to this day,” Smith said. “He was one of the first to contact me when I was named superintendent here, and his message of congratulations meant so much to me. Music has been and is an important part of my life, and Mr. Hay has been an integral part of the strong BCSD music tradition.”

You can tune a tuba, but you can’t tune a fish. That was one of Hay’s final true/false exam questions that Bob Pastecki remembers from his student days in 1986-87. Pastecki played trumpet for concert and jazz band, and mellophone for marching band.

What did it mean to be part of the music program?

“My younger brother was the athlete. This gave me something to do as an extracurricular activity,” Pastecki said.

“I now run The Mark Time Marchers, a fire department marching band that does 25-30 parades a year," he said. "I also serve as the Finance Manager for The Batavia Concert Band. So music is still a big part of my life.”

Playing mellophone was interesting, he said, because it is in a different key than trumpet, and his music teacher never told him that.

“He only told me that the notes on the staff were the same fingerings for both instruments. That meant I played the wrong scale to warm up,” Pastecki said. “He looked right behind me and said, ‘One of you trumpets is AWFULLY flat.’ It took me 15 years to tell him it was me. We had a good laugh at that.”

Batavia Board of Education member Alice Ann Benedict knew Ken Hay not only through the board but also because her daughter Emily had him in the band throughout her years in the district.

“Mr. Hay was a wonderful person and a very capable director of the music department. He was enthusiastic about introducing music into the lives of many of the students, starting at a very young age,” Benedict said. “Emily said to me that Mr. Hay was one of her favorite and most influential teachers. I will remember that he always had a smile on his face. He was always positive about improving the music department, and he was a dedicated teacher to the students of the district.”

Kenneth “Ken” Hay was a 1966 graduate of Byron-Bergen Central School and participated in Concert Band, Concert Choir, Yearbook Club, and Wrestling. After graduating high school, he received his bachelor’s degree in Music Education from Fredonia State College, after which he continued with graduate work at Fredonia, Brockport and Geneseo state colleges, and the University of New Hampshire at Durham.

He taught music at East Irondequoit, Alexander and Batavia school districts. He started working as Batavia City High School band director from 1982 until his retirement in 2003, being named Music Department chairman in 1991. Hay played a significant role in the success of Batavia’s concert and marching bands, jazz ensemble, and the musical pit orchestra.

For many years, he organized the Pageant of Bands in Batavia to show the musical talents of high school bands. He directed the pit orchestra for Batavia Rotary Club productions for many years.

Hay served as president of the Genesee-Wyoming Music Educators’ Association and was a member of the New York State School Music Association. Accolades include Paul Harris Fellowship (awarded by the Rotary Club), the University of Rochester’s Teaching in Secondary Schools Award (1995), recognition by Warner School of Education as being a Teacher of Excellence (2003) and earned a GO ART! Genesee-Orleans Community Arts Award (2003).

Hay shared his musical passion, inspiring students to "make music, not just play music,” and was a 2020 Musician of Note, a wall of fame to honor past BHS graduates in music.

As Jason Mapes said, “RIP Mr. Hay — you will be missed!”

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