001Welcome to the board of education special meeting. Tonight is October 30th, 2025. And we will start with the pledge of allegiance. To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. Exit announcements. There are exits at either end of the building. Leave this room and either take a right or left and follow the hallway all the way down. Okay, we'll start off with the board chair report. Um, my name is Laurel White. I'm the secretary of the board of education, but tonight I'm the interim chairman while the regular chairman Patty is unavailable. I don't have a lot to share this evening. This special meeting is to finalize business this current board is responsible for
002before the new board is seated November 19th. As such, this is an expeditious meeting and you can see there is no audience of citizens on the agenda this evening. In communications, the board has received another email from the parent who was informed at the previous special meeting October 15 that her concerns are outside the board's purview. I responded to them today reer reiterating this and directing them to work with the building administrator and the superintendent. A second correspondence was also received just before the meeting was to begin this evening which is regarding the middle school climate survey report and the superintendent has redirected that message to the middle school administrator. Further myself, Dr. Debrio, Jim, and Terry met with our board attorney to discuss the NDA language for suggested for policy 6171. We will be
003reviewing this language change later in the agenda. The attorney provided a synopsis of her advice and compromise suggestion the members and the attorney agreed to. Each committee member has received a copy of this synopsis. And now I will turn it over to Dr. Drio for her report. >> Good evening everyone. Um just want to share a couple of things. Uh as you indicated the um climate survey for each school in addition to the um assessment results for the standardized tests will be presented by the school administrators at an um upcoming meeting with the new board members. So that is already in the plan. Um and I would love to share um the energy um regarding us developing a vision of the East Hatam learner and we're merging that with the strategic plan. So what I
004did is I had administrators um from all three schools and invited additional colleagues to participate um in training with NEASK so that we can develop a plan to get input from stakeholders um and most importantly the students on developing that vision and really being future focused. So we already attended a full day and a half. It's one evening and then a full day and we're going back again in the spring. But we're already developing the roll out for staff so that during faculty meetings staff will be involved in um sharing and providing input. So looking forward to that. It just makes complete sense to to merge the work. And so, um, there's a lot of energy around that. So, I'm looking forward to the administrators being a part of this, leading their staff, and then
005coming back to continue to share. >> So, you'll hear about it over and over again. Thank you. >> Okay. Next, we have action on the minutes. Motion to approve the special meeting minutes from October 15, 2025. So >> that >> Thank you, TA. Second, >> thank you. Okay. Old business discussion and possibility. >> Well, we got to have a vote. >> Oh, I'm sorry. Can we in favor? >> Can we discuss it? >> Sure. Um, I know for sure that I have some questions. >> Okay. Uh, who's writing these? >> The meeting minutes. Yeah, the minutes. >> Yes. >> Being recorded. >> No, no. Who's like who is writing the actual minutes when we do these? >> Oh, when they get Kelly. >> Okay. Um because there's some things that are added on sometimes like
006the committee reports that are not like so for instance like this one uh D I'm on CIP. The last sentence has nothing to do with CIP. So I don't even know why it's there. So, let's cross that off and ask for that correction. >> I guess that's my highlight. >> What page are you? You're you're on the third >> update on the outdoor gardens has nothing to do with the >> All right. Did Okay. >> Okay. Anything else? >> In in fairness, I do think and and my memory is not always that great. So, I'll be the first to acknowledge that. Um I do think that the conversations were kind of overlapping a little bit. >> Um >> did that sit under business and planning? Because I do remember that we talked about the outdoor
007garden cleanup. [snorts] Did that sit under that? >> Daddy had spoken about that. >> Yeah, we hadn't met. See, maybe possibly it was under I have to go watch the meeting again. Yeah, we had not discussed this at the at the special meeting, but we did have a business and planning meeting on the following Monday that we discussed that >> so maybe it got confused. >> Patty did bring it up at one of the meetings. I >> and I asked about it at business and planning because it was brought up, but it didn't happen at CIT, which is her point. >> Okay. The capital improvement committee report, it's falling under that and so we'll we'll definitely need to strike that and correct it. Any what other things? >> I didn't see anything else that was
008really stood out that just stood out to me specifically. >> Okay. Are there is there anything else anybody else wants to bring up? >> Okay. Can we pass the minutes with a correction made as Kira's noted? >> Still moved. >> Okay. And second >> second. Terry, thank you. I'm sorry. I'm having a hard time hearing out of my right to hear you. Um, okay. So, um, all those in favor? >> I. Thank you. >> All righty. Old business, discussion and possible action to include waving the second reading on the following policy. Policy 6171, special education. This is a review of the policy that we had at our meeting on October 15, which brought up concerns about language surrounding the NDA. Jim, Terry, myself, and Dr. Diabrio met with the attorney, as I said earlier in
009my report, to discuss that. Jim, do you want to elaborate? >> Well, um, I I don't want to say too much about the meeting because the lawyer sent a report which was shared with everybody. I will only say what I've said before and which got confirmed during that meeting. The NDAs do absolutely nothing for the families that they don't already have. We can't talk about them or their kids without their permission. Um, they can only be used by the administration or the board to try to hide things that they don't want other people to know about on some level that I suppose can be considered useful. Um, but with the history in this town, >> I don't feel like it's something I have any interest in allowing. Just a little additional background. When I first
010proposed this, I wanted to propose a completely clean we don't do it. And um, our board chair expressed concerns about that. I don't remember if it was at or following a policy meeting. I don't remember the details and I apologize about that. I then rewrote the language which is what everybody got last month and it raised concerns for people. There was a desire to get it checked out with the attorney. Um and the attorney um was clearly less comfortable with that language than she was with a clean we don't do this. Um and beyond that, I don't want to I don't want to speak for her. She speaks just fine on her own. Um but um what we have in front of us is simply a statement and to me it's a statement of values
011as much as anything else. We don't hide things and we're not going to make that we're going to make that a policy. We don't hide things. And then, you know, with the caveat that under the board of education's bylaws, and I think this is true probably in every bylaws for every board in the state, there's always language that allows you to choose to set a specific policy aside during a board meeting. So, should there be a reason where that would be valid, um, that's still something we could do or a future board could do, but they would have to take responsibility for doing it by doing it in a public meeting. And to me, given we're talking about a dem a district that in five years spent over a million dollars fighting with special needs
012parents. And the sad thing is that represents a very small number of families because not because there weren't any other problems, but because the other ones were bullied into submission. And that's the NDAs are part of how they do that. We'll only give you what you should be getting anyway if you promise never to tell anyone. Um, and it's it's just not something I believe in. Um, so there's my soapbox reach for the for the evening. >> Okay. >> So, we reviewed this policy last uh October 15 and the change that Jim had made or the policy committee had made, I should say, was noted in green and that has since been changed. So the only change from October 15 to tonight is the new language that the policy committee had put together which says
013the district doesn't do NDAs. You >> want me to just read it real quick? >> Sure. Note that East Adam Board of Education strongly believes in transparency and discourages use of non-disclosure agreements as part of any settlements to disputes regarding placement or the nature of services provided to special needs students whether IEP or section 504. Therefore, the use of non-disclosure agreements in such cases is strictly forbidden. Note also that the board fully supports the rights of students, parents, and guardians to protect their privacy as outlined under FUR, which is the federal educational rights to privacy act. And this policy is not intended and cannot be used to violate those rights. And for the record, that last sentence is a restatement of the obvious, meant to make people comfortable and to make sure there's no confusion
014about how this could be used. Um, it legally it's probably unnecessary, but I thought people might feel. >> Yeah. >> Okay. So, is there a motion to accept this policy and wave the second reading policy 6171? And is there a second? >> Second, >> Sean. Uh, second. Okay. Any further discussion? >> Can I ask? >> Absolutely. >> Um, >> Kira, don't keep going, but we tease you for fun. We don't ever need anyone. >> I'm just going to ask you a whole bunch of questions tonight, so be prepared. Well, our questioner is missing this evening. We need a new questioner. So, you're our new question. Here I am. Um, so in the attorney's email, and please don't think I'm fighting back at work here, okay? I'm just >> relax 2030, 2040, they might who did
015this in 2025. >> She says that they typically advise that non-standard disclosure clauses in special education settlement agreements are standard and such clauses are specifically set forth as a material term in our standard settlement agreement. They are not legally required. So, >> do you want me to try and explain what I think she's saying there? >> Yeah, because she's saying that basically the opposite of this. She's saying that they buy I mean, >> they do remember what I told you during the meeting. The board attorney is going to say, "Leave it in your hip pocket in case you want to." >> I told you that. And I and I'm just And I don't want Listen, I'm not bragging. just saying that I knew that would be the response. That was the response. However, when Laurel
016went over her history and Terry went over her history and I talked about having found over a million dollars wasted fighting these people, she said, "Okay, I get it. I understand why there's a need for this in this community." and she was very happy that we pulled out the extraneous language which had only been put in there to help um had Patty feel more comfortable. It wasn't what I wanted in the first point anyway. Um and when we took that extraneous language out she's like this is fine. Um and and she understands the reasons it is. As a former English teacher, the language you just cited cracks me up. A non-standard standard. Okay. So, which is it? Um I think what she was saying is keep it in your pocket in case you want to,
017but I understand why you don't want to. And what you're doing is not illegal and it's not wrong. I'm just like I said just for notes what if you remove the sec the second sentence like I think you could discourage them but not >> I don't want to discourage them I want that I'm trying I'm not trying to be argumentative either that's the point if there was some circumstance that an NDA was absolutely >> then they can go to the board and ask them to wave the policy that's always available Wish we could do it in a public, >> but aren't you giving too much information out? >> I don't know what you mean by that. >> Aren't like would be in violation of Burka or any other privacy suspension of the policy, not of
018the terms of the agreement. But who would be going to the board and saying >> the superintendent would have to come to the board and ask for the board to set the aside and then in some manner convince the board to do that. The family can request an MD, right? This is a completely open opportunity for the families to choose. The law protects both the family and the school from anybody finding anything out because that's nobody's information to have. But historically, the district has and and regularly according to the attorney, this is a normal thing. Most districts use to quiet the scenario, calm the scenario, keep it from becoming a rumor mill, whatever. But NDA prevents people from talking. So what it has done here though is a different we want to try to stop.
019>> It has been very effective. >> That's what the objective of this policy is. It it has been very effectively used to bully people into submission and it was used over a period of years. I am sure they were used randomly for at least the last 10 or 15 years and we know that it happened for at least the last five or six. We know that I've seen I've seen the court cases. What's the for your reservation? What's a uh you know what's what's stopping you from thinking that idea could be a good thing? >> I know there's extreme cases. We all know there's definitely extreme cases that we can use. But what if there's a case that like what you're saying that has to come forward. I just I don't want the information. You're
020saying we could suspend the policy without the information. >> I am not saying anything of the kind. I'm saying we could suspect the policy. I'm not characterizing under what circumstances or how it would happen. I am simply saying the board at its choosing in the future or tomorrow morning could choose to set the policy aside. Do I think it's a good idea? No. Would I want that to be something that any board did on a routine basis? No. No, not at all. But for me, and I think it would not be unfair said to say I think the other members of the committee felt this way. For me, the best way to prevent bad behavior is for people to know they're not going to be able to hide it. It took me a year almost
021just to get the information without any names or anything like that showing that this district had blown over $500,000 in a 5year period just on legal fees. That they had blown over $500,000 in a 5year period, same 5year period, just on compensatory education, which is the educational equipment of you did me wrong and now you have to pay me money to make me home. Um, I don't personally feel like given the budgetary temperature in this community, we can maintain credibility with the public. They already think that we're wasting and blowing money constantly. We know that from the last couple of years of budget plans. >> Let's be specific, too. This is years ago, not with recent writers. >> This is true. And again, I'm not writing policy for Terresa Rio. I'm writing policy for a
022district that's going to be here far longer than I am and far longer than Terresa Gabrio. It's a And like I said to start with, it's a value statement. Do what you're going to do openly. If you can't do it openly, maybe you shouldn't be doing it in the first place. That's just my feeling. >> Should I ask another question? >> You can ask whatever you want. Keep in mind what do you think Dr. Drito about this? >> Let me just say one thing before you go on. Keep in mind >> regardless of what your questions are. If you end up disagreeing, you have a right to vote no. If enough people agree with you, then in fact that'll be the decision of the board and I will live with that. If enough people do
023not agree with you, then that will be the decision and you'll live with that. That's the nature of being on the board. >> Yes. No, I get it. And I'm just saying you don't have to feel bad. No one's going to take it personally if you disagree and vote differently. You have every right to do that. I'd be the first one to defend it. >> How does Dr. Durrio feel about this? >> Well, that question was posed to Dr. Would you like to share? >> Sure. I had shared that in my experience, it was utilized to benefit a family, never what this families in this district had experienced. And that why that's why it was shocking to for the attorney to you know un try to really understand where everyone's coming from because the advisement
024was not to forbid it. That was the I know you can't just example but can you create an example? >> Absolutely. So typically um it could be something that is offered that is not the norm but the family is really wanting that and there would have to be lots you know there's no context here so this is I want to create a context because I would just be pulling it from thin air but if it got to that point and the district was like okay this It's not something that we would normally do, but because of these circumstances, yes, family, we will do this for your child, but it's it's not something that would go out to the public. It's not to harm the family. >> And does that happen? Does that happen once? >>
025Yes, they would be. >> But why do they have to sign an NDA? >> Because the request from the district is this is really not something >> doesn't benefit only the district. Oh, that is that's not true. I'm sorry. I'm going to argue that point. Furba forbids the disher from talking. >> It only controls the family. >> Okay. >> But my thing is so the experience or what you're saying is say that it does benefit. Is that once a month or you just you just made the the thing that we isn't real is a very out of the ordinary thing. It's a very out of the very out of the ordinary for the next four years out of the ordinary thing. >> You come and ask for to wave it. >> I'm just telling you
026what. So I'm just saying so we could still that could still be easily done under these guidelines. >> It's just not sworn to secrecy by the family. So if the family decided to say this was done for me, it really the NDA protects the district from having to explain to people why it was done for this family. That's why I don't understand how it affects the family they're getting what they protects benefits. How does it benefit them? Because typically when there's an NDA, the family is getting something that is not typically offered. It's way beyond what's normally provided, but it makes the family happy. That's been the experience of the board's attorney. And that's why there might be a circumstance that you it would be better to do that rather than keep fighting and rack
027up more legal fees. So, you're going to give in and you're going to say, "Okay, this is really what you're looking to do, but this is not [clears throat] normally is provided beyond what's normally provided. >> Couldn't the district do that without an NDA just saying we're giving into this? >> Absolutely. They can because then there's more there's a little more transparency allowable from the family because obviously no one else is going to be sharing this. The family can talk to any. >> Typically, it's something that the attorneys would be providing, right? This is never without the board's attorney doing that letter. So, you asked me that's I I would take the advice of the board's attorney, right? But it's the board decision now. It's here. The other thing that the attorney cited, um, and
028I don't know if you guys noticed it or write up, >> she did talk about the idea that if you do something for someone to make them happy, uh, and the word gets out, you're going to get hit with other people. And from my mind, there's a couple of responses to that. One, if it's that big a deal, why you doing it? Um, two, if it's that big a deal, why aren't you doing it without fighting? If it's what kids really need. Three, each kid is individual and what may be appropriate for one student may may there may be a scenario where a given parent or family or guardian is a guardian really cannot distinguish, but that doesn't mean it's right for their kid. >> Yeah. just because they're in the same classroom doesn't mean
029they have the same needs. And basic basically special education is to service the needs of the student. And so your needs are not the same as Jim's needs. And that's where the discrepancies come in. My kid's in special ed. That kid got something. Why didn't my kid get that? My kid didn't need it or that kid needed a different thing. So that's kind of where this gray area comes in and if parents talk about it. So the special needs community talks. That's how we support each other. And so there's not going to be great secrets kept in there because we're trying to help each other get down the road. >> Exactly. >> And so this MDA, all this does is strangle and in our experience here in this district. I'm not saying that everywhere here.
030That's exactly what has happened and wouldn't be having this conversation if that weren't the case. >> It wouldn't even come up. And to Laurel's point, the meaning of an IEP is individualized, which means it's tailored directly for that student, specifically for that student. So, the needs are going to vary from child to child. It's like trying to compare apples to oranges. Even if special education families talk to each other, that child's needs, even if they have the same diagnosis, are probably completely different. So, you can't compare apples to oranges. >> We're even marginally different, but the margins are where we all live and we all know that. The one thing I'll add, I spent 15 years helping manage high schools as large or in some cases considerably larger than this district. I chaired hundreds of
031teams. I never lost a due process because I didn't get to due process if we weren't doing the right thing. It was real simple. if it's the right thing to do. Even if the parent is a giant pain in the rear, you don't say no because they're a giant pain in the rear or you don't like the way they talk to you. You focus on the child. What is right for this child? It's not that hard. Just excuse me. Just do right by kids and it solves all the problems. >> Any other questions? >> Oh, I got another one. >> All right. Are you ready? Of course. >> I thought you wanted this to be a long meeting. Um the policy was adopted 15 years ago. >> Are we going to um see that this
032according to our attorney and now again we have a new law firm so we don't have the same people to muddy the waters. >> Yep. >> She says we don't even need this policy because of how evolving and complex the topic is. Are we going to see to it that this is the top of the pile more often in 15 years? >> If you're asking me, yeah, if you're asking her, yeah. Are you going to do it after we're gone? I don't know. >> I'm only here in 2027. >> But you understand my point. I I don't know what'll happen. What I can tell you is that says Cave says it's in their recommended. >> Okay. >> So, yeah, we need it. Um, and everything else I know, but everything else in the language in
033here are straight cages. >> Okay. >> Only thing I played with was that I can recall that I always say that cuz I I do goof on that sometimes. The only thing that I I can remember having done any editing on was um the NBA. >> Okay. >> Thank you. I am done. All right. Anyone else for this one? >> And and you know what value? You keep us honest here. That's not bad. None of us think it's bad. >> I'm a 100% honest person. >> Well, that's what I win, too. >> All right. >> Did you have anything to You're all set? Okay. So, we have a motion in a second. Can we move the policy forward with without a second reading? >> This actually is the second reading. >> Well, you're right about
034that now, but it's a second reading with new writing. So, it's a first reading on your reading. >> Yeah, you're right. >> Okay. So, if we have a motion and a second, all those in favor? >> I I thank you. >> I'm going to abstain. I'm sorry. >> You're abstaining. Okay. After all that vote no, for God's sake, >> I'm not voting no. I'm not saying no and I'm not saying yes. I'm abstaining. But thank you. >> I haven't had any. >> Everybody said who's abstaining? Yes. Okay. Sorry guys, no worries. >> That is why we are board of nine when we all have our decisions and opinions here. Okay. So, next on the agenda, we have new business discussion and possible action to include waving the second reading on the following policy. Policy 9321
0359327.1 board member use of in of internet social networks. Um, I'm just going to add one detail before we go into this, which is that this was supposed to be on our agenda the last time and it was forgotten in our packets. I had shared it, but it was left out of the packets. I'm not even sure. I can't remember if it even made it onto the agenda. >> It was supposed to go on the agenda. I actually you say that but but the last meeting you said that and we said well no it wasn't because at the policy meeting we actually knocked this down and didn't move anything forward. >> I don't remember it that way. I'd have to look back in the recording. I don't have any problem. You guys can do what
036you want. >> Yeah. The only thing I'll say is this is another one of Cabe's recommended policies and I don't remember doing much of anything other than they had a separate set of regulations using exactly the same number and having it listed as this number regulation and I just combined them into one document because it made no sense to me to split it up. >> Okay. Um, >> and I think that's the only thing I remember doing. >> No problem. At our policy meeting, I just remember we had Harry and I, we had a lot of >> questions, weren't comfortable with a lot, and we ended up not moving it forward. >> Well, then why don't we not move it forward now? And you guys, we can work it on it in the next policy
037meeting. >> Okay. >> I remember it that way, but it wouldn't be the first time. >> So, it wouldn't we can't talk about it at all, right? has to go back to policy before we can discuss it. >> Okay. >> All right. >> That doesn't mean you can't contact any one of us with any feedback >> that we can process in there. >> That would always be helpful. >> Absolutely. Okay. >> Please do it. >> All right. Great. Okay. Moving forward then. Acceptance on the consent agenda approving the warrants of June, July, August, and September of 2025. Acceptance of the following resignations. Johnny Tani, COO maintenance, October 30th, 2025 and acceptance of the following appointment. Wendy McCabe, pupil services director to start November 24, 2025. Can I get a motion? >> So moved. >> Second.
038Second is ta. Any questions? Any comments? >> All those in favor? I >> I. >> Any detractors, abstainers, naysayers? Questioners. >> Questioners. Cara, you let me down. You only had four questions. >> Just skipped over. >> I know. Okay. So, that has moved forward. >> Can I get a motion to adjurnn? >> I made a motion to adjurnn. >> Still Sean seconded. Okay. >> All right. We are >> questions. >> Thank you everybody.