Demand accountability, communication and transparency in Oyster River School District.

Demand accountability, communication and transparency in Oyster River School District.

As you will see from the correspondence I received from the District, the School Board was not involved or even informed of the Brady case against the District or the amount of the settlement.

If the Brady case did not hit the papers, would the Board or members of the public ever have known that this happened? It would appear the answer to this question is an obvious “no”.

How is it that a Superintendent has no requirement to get input or, at a minimum, inform his governing body of pending litigation and subsequent $50,000 legal settlement? Keep in mind these funds do not account for the amount of money the District has spent in staff time and our own legal fees. This is unacceptable.

Once a suit was filed, this was no longer an internal matter with a student. This became a fiscal and legal issue that should have legally mandated input and information from the governing body of the District. The Board has an obligation to demand and provide open and transparent communication with/from the Superintendent and the community.

The elected members of this Board must step up and stop this blatant abuse of taxpayer resources, require transparency and institute policies to hold the Superintendent to a higher standard.

From: "Wendy DiFruscio"
Date: July 19, 2010 1:45:59 PM EDT
To: "Jenna Roberts"
Subject: RE: Right To Know Request

Dear Ms. Roberts:

Normally, settlements pertaining to student matters are left to the administration to approve. The administration was able to approve this particular settlement with funds allocated in the FY-10 budget, coupled with a sizeable contribution provided by our insurance carrier.

Sincerely,

Howard

Wendy DiFruscio

Administrative Asst. to Superintendent

Oyster River Cooperative School District

36 Coe Drive

Durham, NH 03824

868-5100 x20

Email: mailto:wdifruscio@orcsd.orgwdifruscio@orcsd.org

The Right-To-Know Law provides that most e-mail communications, to or from School District employees regarding the business of the School District, are government records available to the public upon request. Therefore, this e-mail communication may be subject to public disclosure.

---

From: Jenna Roberts
Sent: Thursday, July 15, 2010 12:10 AM
To: Wendy DiFruscio
Cc: ORCSD School Board
Subject: Right To Know Request

I would like to know at what meeting the Board voted to approve the $50,000 settlement with the Brady family that was in the paper this week.

Thanks,
Jenna

New Business Administrator Announced

The Oyster River Cooperative School District is excited to welcome Susan Caswell as our new Business Administrator effective August 18, 2010. Susan comes to Oyster River with over 20 years of experience in school administration, including a solid background in budget development and
management, forecasting and planning, food service, contract negotiations and special education.

Susan comes to us from the Newmarket School District where she has been the Business Administrator since 1986. Susan also has professional affiliations as a member with the New Hampshire Association of School Business Officials, Southeast Region Executive Board. The Association of School Business Officials International, The New Hampshire School Administrators Association, The New Hampshire Government Finance Officers Association and is a member of the Primex Advisory Board.

On August 17th, 2010 the Oyster River Cooperative School Board voted to elect Ms. Caswell, as Business Administrator. Superintendent Howard Colter expressed his full support for Susan Caswell, and looks forward to having her join the District's administrative team this fall.

We are happy to welcome Susan to our school district community where our mission is Working Together to Engage Every Learner.

A Note From Our Madbury School Board Member

Thanks to all for their comments. At this juncture, I am not running for any office. Having said that, if there are any questions you would like to address, please feel free to contact me via e-mail, by phone, of drop over for a cup of coffee.

jkach55@gmail.com
740-5011
28 Nute Road.

Happy to speak with you or answer questions that do not violate the confidentiality by which I may be legally bound.

Thanks,

Jim Kach

Budget Advisory Committee Passed

At last night's school board meeting, the board passed a Budget Advisory Committee 7-2 (Ms. Rief and Ms. Portalupi opposing).

A "job description" for the volunteers will be finalized in the upcoming week and a letter will be sent to the selectmen and councilmen of each town to solicit volunteers for the committee. The committee will be made up solely of community members.

From Fosters: Info on New School Board Member

DURHAM — Longtime Madbury resident Jim Kach has been appointed to the vacant position on the Oyster River School Board.

Kach was appointed to the position following a special School Board meeting Wednesday night. Madbury resident Carla Bonney also interviewed for the position.

Kach, 67, is a University Of New Hampshire graduate and has lived in Madbury since 1996. He is currently employed as a computer technician for SAU 16, the Exeter-area school district.

Joining the School Board is a way to give back to the community, Kach said.

"When I heard they couldn't find anyone to represent Madbury, I was shocked," he said. "I'm getting to a point in my life where I wanted to do some volunteering."

Kach has been active within the district, previously coaching the Oyster River Phantoms youth soccer team. He also has a son who graduated from the district.

Kach previously worked as a real estate broker and appraiser and has served as a substitute teacher for SAU 16. His wife teaches in the Dover School District.

Superintendent Howard Colter said Kach's experience in the field of education should benefit the district.

"I think both candidates were outstanding and qualified for the position," he said. "The board just felt that Mr. Kach's background and experience was the tipping point," he said.

Kach hopes that something good will come out of his volunteering for the position.

"I'm grateful they put this trust in me and I hope to repay them with transparency and honesty," he said.

He joked that he would use his ears more than his mouth during his first few meetings on the board in order to familiarize himself with the issues facing the district. Kach described himself as a conservative and said he understands the budget concerns that have faced the district.

"I know a good education costs money but that doesn't mean we can't practice frugality," he said.

The Madbury position on the board has been vacant since former Board Chair Mark Townsend resigned in June. The board had hoped to fill the position by the end of June.

Kach will assume the position until March, at which point he or someone else could run for the remaining year of the term.

Madbury Seat Filled

Congratulations to Jim Kach from Madbury. A quote from his interview with the board:

"There always has to be a compromise, you all just have to learn to support it."

Good luck!

Madbury Seat Could Be Filled Soon

The vacant position on the Oyster River School Board may soon be filled.

The board is scheduled to meet with a least one Madbury resident tonight, maybe two, who have shown interest in the position.

Superintendent Howard Colter said Madbury residents Jim Kach and Carla Bonney have both submitted letters of interest to the school district about the position.

Colter said the school board is hoping to interview both Kach and Bonney this evening during a special meeting at the SAU office at 6:30 p.m. As of Tuesday afternoon, Kach was confirmed for the interview, but officials were still trying to reach Bonney.

"We certainly hope to do both interviews and to be able to name a replacement," he said.

The Madbury position on the board has been vacant since former Board Chair Mark Townsend resigned June 7.

The board was hoping to fill the position by the end of June, but couldn't as half the summer went by without anyone from Madbury stepping up and showing interest.

The position would go until March 2011, at which point the replacement or another person could run for the remaining year of Townsend's term.

New Foster's Editorial

Foster's Editorial:

Article published Jul 19, 2010
OR IDEA case went too far

Depending on how you look at it, the Individuals with Disabilities Education Act has been a blessing or a burden — albeit a just one.

For parents, it has been a godsend in helping their children overcome debilitating handicaps. For school districts, it has been expensive and time consuming.

But in either case, IDEA has been in place long enough that the Oyster River School District should not have found itself being ordered to pay out $50,000 to settle a dispute over when Miles Brady would be able to graduate.

The telling admission that the case should never have gone this far appeared in Thursday's report in Foster's Daily Democrat when the district conceded Brady's individual education plan would not be met in time for an January graduation, rather than one in June.

IEPs, as they are called, are worked out between the district and families. For the most part they are mutually agreed upon plans to address a student's handicaps.

It is hard to believe the district didn't know Brady's IEP had not been met before being dragged before Hearing Officer John LeBrun. IDEA has been in place too long for district officials to make such an expensive mistake.

And for what? A few months of classroom time?

No Interest Shown in Vacant Board Seat

DURHAM — The Oyster River School Board may soon face a dilemma in regard to filling the vacant seat on the board as no one from Madbury has shown interest in the seat.

The position was left vacant when former Board Chair Mark Townsend resigned June 7.

Representatives on the board consist of one from Durham, Lee and Madbury, along with four at-large representatives. Townsend was the Madbury representative.

The board posted the position and was hoping that someone from Madbury would've shown interest in the position by now, but no one has, according to Superintendent Howard Colter.

"The School Board is working in cooperation with Madbury selectmen to fill the vacancy," he said. "We would be happy to have someone from Madbury on the School Board and are waiting for someone to step forward and fill the vacancy."

However, filling the seat outside of Madbury, while unlikely, hasn't been ruled out.

Colter stressed the vacant seat is intended for a Madbury representative, but admitted that at some point the question about filling the vacancy with a Lee or Durham representative will likely come up.

"When do you say we've waited too long?" he said. "We may need to consult with counsel to find out what we need to do if no one steps forward to fill the position."

Colter declined to give an opinion when asked if the recent tension on the board, along with recent resignations, may be influencing the lack of interest in the position.

"One could probably make that argument, but I don't want to speculate," he said.

The board has seen three resignations in three years, including the resignations of two board chairs.

The most recent resignation of Townsend created the most bitterness because of an e-mail chain between Townsend and board counsel. The e-mail chain consisted of Townsend and Colter seeking a legal opinion about Board Member Henry Brackett's comments at a Lee Board of Selectmen's meeting in May.

However, the e-mail chain also contained allegations from Townsend toward other board members, which created some friction between them at a June School Board meeting.

Colter said the important thing now is to get someone new on the board.

"This situation isn't ideal," he said. "We'd like to have a full board made up of seven people."

Colter said he is willing to meet with anyone who has some interest in the position to answer their questions. He can be contacted at 868-5100.

Fosters Article on Recent Lawsuit

DURHAM — A $50,000 settlement was recently reached between the Oyster River School District and the parents of a former special needs student in the district.

The settlement pertains to the attorney fees incurred by Lisa Brady, as she successfully battled the district over when her son, Miles Brady, could graduate.

Miles Brady suffers from Asperger's Syndrome and entered his fifth year at Oyster River High School last fall.

The district was seeking to have Miles graduate in January 2010, while his parents argued that he needed a full year of school and should graduate in June. The case was heard by the New Hampshire Department of Education.

During the hearing parties on both sides argued about whether or not Miles was ready to leave high school and enter college.

Miles' psychiatrist Dr. Eileen Spitzer testified that the extra six months in school would be crucial for his development, particularly his goal of attending the University of New Hampshire in the fall.

"The student must increase skills to be able to manage life at UNH. In Dr. Spitzer's opinion, the student will not be ready for college by January 2010 and the student is not ready to leave high school at this time and lose the supports that are in place," according to the hearing report prepared by Hearing Officer John LeBrun.

Lisa Brady also argued that her son needed to finish a full year of Spanish and take physics in order to reach his goal of attending UNH.

The district argued that Miles had enough credits to graduate and made sufficient progress, despite not meeting all the goals in his individual education plan. The state DOE ultimately disagreed.

"The District made a commitment to provide a full year for the Spanish course and graduation in January 2010 would not allow that to occur," LeBrun's final ruling stated. "In addition, the transition plan goals and objectives have not been met, including independent living goals, community participation goals, prevocational goals, vocational goals, such as securing employment."

Lisa Brady couldn't be reached for comment on Wednesday.

The Oyster River School district declined to comment on the case when contacted on Wednesday. Superintendent Howard Colter described the settlement as the district's best option.

"In the end we all felt it was the best of our alternatives," Colter said. "Overall, it was the best option we had."

The district paid $30,000 of the settlement from it legal expenses account within the special education budget, while the district's insurance company picked up $20,000 of the settlement.

Miles Brady graduated from Oyster River High School last month.