It can't just be story time. It has to be why is why does Bill have a goal in executive functioning because Bill can never find his notebook? Bill can never get tasks started. So those things of how do we know what did we use to to um to evaluate it and what are we going to do about it which would be the goal. So but I can get I can get more detail for you Joy. That's that's just a 30 seconds of uh I just have two questions actually on the vertical alignment pieces. Um are you guys or do you have a system in place for discussing the students when they come from one school to another? So there are bridging. I mean I I have always maintained that transition PPTs are really the most effective way of bridging from one grade to the next.
And while those also happen, what also happens is if the annuals are happening earlier in the year, those conversations start. But really, when we're talking about going from one grade to the next, I'm always keen on making sure that parents are aware. And if they're not, they need to call me or call and talk about it. That you're clear as your child leaves fifth grade going into sixth, what it's going to look like. As they're leaving 8th grade going into 9th, what does that look like? And if you're unsure or you've been in a meeting and you're confused, we need to meet, we need to talk. So that's where I I put out the, you know, I always say, "Call me, email me because if there's if there's an issue around that, but the vertical alignment should also be happening within each building, right? That's kind of what my thought was.
The students who are possibly first to second grade, second to third grade, those ones that are in intervention for two or three years and maybe we have to discuss and and that's that's where the conversation around um what tier three looks like. You know, tier three is not special education. Tier three could lead to a special education referral, but what does that look like? When does that happen? And that's that's that's that's another presentation entirely. But I, you know, um, in terms of looking at when special education referrals should be made, that's where you're looking at the vertical alignment of what have we done in first grade? Have we done that in second grade? Where are we? Are we in small group? Are we intensive small group? Are we now? We suspect there's something and we have data to show it and we have progress monitoring to show it.
Mhm. And on the PD, do you have anything um in terms of the co-eing model and helping the teachers ongoing conversation with with Ed Advance and Jody Manati on modules for for co-eing that depends on on on how we want to present it. It could be presented in in a bunch of different ways. I'd kind of like to do it in small groups and in teams and in in already existing teams or creating teams and doing the co-eing training that way rather than try to say okay Sarah you're with Bill and we're going to be co- teachers and we go okay yeah so ongoing thanks super informative really appreciate it all right now we're going to move to the uh second item um for new business um we have a the 1312 complaint and possible motion. Um, I brought, in case you need it, I brought just a copy of the policy.
Can you pass those down, please? I figured No, I don't think so. All right. So, in essence, um, this this is a a multi-step process. Well, let me give you a minute to to review the document, the policy. I have a question. Yeah. Um on the second page of the policy, it reads that the board will not consider or act upon complaints for which specific resolution procedures have been established that do not include board purview. So um do we does the board I don't believe the board has purview over student discipline unless it includes an expulsion. But the the nature of the complaint, well that's that's true, but the nature of the complaint um is that the um named individual failed to follow laws. So that's a legal complaint which also the board has no purview of. So if somebody burglarizes my home, I'm not going to say the governor or the state legislature.
It would go to the police. Right. So So the complaint is saying that federal and state laws were broken, which to me that this is not the appropriate place to adjudicate. I don't think we have authority, expertise or purview to be making legal assertations like that. What's our colleagues have to say? I mean, I I stand behind I think every community member that brings a complaint forward has a right to be heard. Um I also share in the same concern that we have a student um probably not just one student but we have students that don't feel comfortable um in our school system which is bothersome. Um and I think um you know the 1312 came before the board I mean in early March. Um I know there's been several conversations with the attorneys. Have this has this been discussed with the attorney? Um, that would be my first question.
Um, because it probably should have been. Um, and then, you know, I'm of the opinion that, um, I think somebody, um, needs to look at this, whether it's somebody outside, I don't know. But So, are you referring to the student matter or the 1312? Because the student matter isn't actually named as the nature of the complaint. So the complaint alleges that anti- retaliation and discrimination laws in the case of the student has constituted a violation of both state and federal laws as well as Brookfield policies. So the complaint to me is saying that the laws were broken and in that case that's not under the purview of the board. The 1312 specifically, excuse me, point of order, members of the public, you can have an opinion, but you cannot state it during the board meeting. Thank you. The 1312 complaint specifically says that what Rosa had stated that if there is a process for a resolution that is not under the board's review process.
So the nature of student complaints has a process within the school that's separate from the 1312 that has come before us. So I I I am completely empathetic and totally understand student issues. I do not want any student to be bullied. I don't want anyone to be a part of being upset at school. That is a completely separate issue that needs to be dealt with at a school level. If we were being brought a situation where an administrator had continually ignored or filed reports wrong or there was a you know 15 students that had been in a situation, that to me is a very different issue for the board to look at than one student in one situation that the parent didn't like necessarily how it was handled at the school. I don't know the nature of the situation. All I can say is that based on what we have in front of us and what we are obligated as a board of education under the 1312, which by the way leads me to a completely different conversation I'd like to have at a different time where based on the way a 1312 works, it should never apply to board members.
We I've said this before that if it was a board a way to complain against board members, it would be in the 900 series, but that's a conversation for a different time. Right now, if you read what the complaint says, it says the law was broken. We cannot adjudicate any laws. I mean, there there how are we to know, how are we to decide as a board of education whether or not both state and federal laws were broken? This is not the place for that complaint. There are places there are there is an avenue for that complaint and it requires legal action. So that's the only recourse legal action you said for well the other action you said so for are you talking for the board of ed or for this complaint for the yeah for the complaint the way it reads is the nature of the complaint alleges that there is discrimination laws and const it constituted a violation of both state and federal laws.
You're leaving out the other part as well as policies of the Brookfield Board of Education. That's fine. But no policies of the Brookfield Board of Education were broken. Well, let's discuss that process. I think that's what we have to discuss, right? That's your interpretation. So, I'm not discounting the state and federal laws, right? I I would agree that's not in our purview, but it says in the nature of the complaint, the policies of the Brookfield Public School District. I also have a concern with me. You don't those things need to be separate. So, if we're questioning the pol possible policies that were broken, then I think that need that warrants a discussion. But also, it's noted the denial of due process. These are allegations. Hold on. Can I just I need to just jump in here again to clarify my original point because it is true that if school policies were broken, we would have the authority to determine that, but only for procedures that have been if there's procedures that have been established that do not include B that do not include board purview.
And this is it says it right here that we are not supposed to consider complaints when it involves a matter for which there are already established protocols that do not include board purview. A student suspension is a policy and how you go about appealing that is part of it but it does not include the board as part of that appellet process. So an expulsion however is so if a student got expelled let's say they could appeal that and the board would be involved but in terms of student expulsions and other lower level discipline outside of that do you mean student suspension suspension anything that and anything lower than that it that review process does not include the board and therefore we can't we can't adjudicate it we can't that's not part of our purview. The last 1312 you discussed with our attorney and then we had discussed it in executive session.
Why is this different? Well, it's different for a few reasons. I'm glad you asked that question. Um, this piggybacks Well, first of all, I mean, Rosa's Rosa's logic, I think, speaks for itself. This is not a a board review issue. Um the the the chain of command has been run through in the district. If the persons involved wish to to take another step, it happens outside of this domain uh with with due process on on all sides. Um that means people hire lawyers and and quite frankly if um Dr. Bril were to hire one, we would be paying for it. Um that's you we just need to say that out loud. Um but the other reason Sarah that this is different is um in in more policy analysis and and Stephanie's really led the charge on this in complaints against board members. We we we were in error in taking them up.
um the these are not meant to apply to um to to board members. If if we want if the community wants if we want there to be a policy where the the community like outside of voting where there's like a more immediate referendum space against board members. um we need to write that policy and I don't even know if that would be well I mean that our our attorney says that he he's not aware of that or maybe maybe maybe it does exist in some districts but um anyway um well can I go back to sorry go ahead somebody over there if I clarify one thing it's it's none of the board members are in question so I'm not sure why you keep referencing that but because that's because um Sarah was asking about the last 1312 she's using that as precedent as to why we should take this up.
So, but the 1312 wasn't about a board me the other 1312 wasn't about a board member that she referenced. It was they all have been about board members. I don't remember that one being it was it wasn't it wasn't about a specific board member. Did you discuss with our legal council about this 1312 Wendy? Um I think I said that we were going to um have a discussion about this. Um, I don't think that would be appropriate to have that conversation unless we agreed to take up this. Well, I was gonna say, can I insert Wait, wait. Can I insert this might help answer your question, Sarah? So, the um Did you have I'm sorry. I didn't mean to cut you off if you had something else to say. No, I just keep asking questions that no one's answering. So on just so so let me the process for the 1312 if we decide to take it up would be that because we are because the complaint is against a district employee it would be much different than what we have done in error for the board.
So every employee has the right to due process. It's in the policy 1312 which would mean in this case an investigation into the allegations which we would have to decide how to proceed with that and cover the cost of it. um the school employee named in the complaint would be entitled to representation likely at the expense of the board as Wendy mentioned and then there would be a hearing process. So at that point I think the reason probably why the lawyers haven't been consulted at this point is because we haven't decided to take it up yet. So that would be part of the process if we decide to move forward and actually take up the complaint. And um in in the the conversation that I did have with u our attorney about this um the part that he highlighted and why I felt like I didn't need to talk to him very much about this is in um on the the second page the 1312B um up at the top it's the second sentence whether or not the board shall consider such a plane such a complaint is within the board's sole discretion.
And so that's why um this this conversation um is is first. So I just want to clarify that Stephanie said we did not consult the lawyers and you just confirmed that we did. Well, I didn't have like a meeting with him about it. I said we're going to we're going to talk with you. I didn't say we didn't. I just said that's likely why she didn't have a we're not having an executive session about it. Again, it's not what you said. I mean the communication if we're if you as a board chair are going to our attorney about anything Send an email. Tell us. We don't need to find out here. It's so frustrating. Can we clarify what conversations have been had with the attorney regarding this, if any? Um, yeah. Let me get my notes. We have um let's see specifically I would like to know if they were procedural in nature meaning like how do we go about addressing this or if they were more substantive in nature.
In other words, talking about the actual complaint. Um, no, I did not talk about the actual complaint. Okay. Does that clarify you? I did, however, forward this to him. It was all Yeah. Th those issues. You forwarded the attorney. I did. But you didn't talk to him about it or seek advice. You just sent it to him. Um, I believe that is the case. We we've had um we've had a number of pressing issues to discuss here. I'm going to check some other notes. Okay. So, that aside though, I think the the what we're talking about right now is making taking some kind of action. So, is there a desire amongst the board members to take action? Because if there is, you guys should make a motion. There's no motion on the table. we either do something or we move on. Well, I feel more comfortable um having communication with legal, but that communication doesn't happen until we decide whether or not to take it up because it's at the discretion of the board.
Whether or not we do, it's in the policy. Whether or not the board shall consider such a complaint is within the board's sole discretion. So there is no consulting with the attorney until we decide whether or not to move forward. But we but we did. So it's kind of it we forwarded in the 1312 and there was conversation about procedural questions. There was substantial we can't I asked her plainly. Um we we have not discussed with with um our attorney the the merits of this because this is if if this gets taken up, it becomes a um it it becomes a much larger legal consideration. And but if we choose not to uh take it up here um because we feel that it's not appropriate, then um then we move on. I would just like to say that we hold the superintendent accountable in a number of ways.
Uh we create his goals and we evaluate his performance every year against those goals. When there is one person or family or small group that presents grievances year after year after year, it starts to look predatory. and seems to be indicative of very personal opinionated issues that to me does not amount to systemic problems. Um, and honestly, we should be we're devoting a lot of unequal time to a very small specific set of issues. And I think that enables the public to confuse answers that they don't like with again systemic problems that affect the whole district on a grander scale because I don't think that's what we have here. I think what that does do is focus our time and resources on a very few um at the disservice to other matters that deserve our attention and if this has been happening at the board level and it has I can only assume that the same treatment has been leveled at our teachers and that is not only point of order not I am assuming because if this is reaching the board level what is the order I am speaking and so unless I have broken a policy.
You're you're insinuating that that the public is going after your I am very clearly stating my personal opinion that I assume that if complaints year after year have persisted that don't even have maturity, decorum or respect have been leveled at the board, then they almost assuredly have been leveled at our teachers as well. And that is not only ridiculously unfair to them, but the students in their classrooms as well because the amount of attention that we have been paying to these non-stop persistent complaints from again one person. It is a major problem and we are not paying attention or devoting our time and resources on this board equally to all the students and matters that deserve our attention. So yes, I do not believe we should be taking up this 1312, not only because it violates the very policy on which it's based, but this is a waste of time.