Author Archives: Stan Jester

State Attorney General Not A Fan of Mini Sessions

The budget for DeKalb Schools E-SPLOST projects is in trouble. DeKalb Schools Board of Education is having illegal, behind closed doors, meetings to discuss the E-SPLOST project budget assessment and hear new planning options. Potentially, all options are on the table including redistricting and cutting projects.

Meeting Invitation:
To: Members of Board of Education
From: Mr. Dan Drake, Interim Chief Operations Officer

This communications serves to confirm your availability for a mini-session for the purpose to discuss the increased cost estimate for E-SPLOST IV and E-SPLOST V and a few options for a plan of action to address the increased cost estimates.

Kindly, select the date and time that best accommodates your schedule to confirm your slot. Please be reminded that no more than 3 individuals per session to avoid a quorum. If your schedule cannot accommodate a face-to-face session, let us know and we will arrange for a webinar session.

• Tuesday, March 19, 10:30-12:00 p.m.
• Tuesday, March 19, 1:00-2:30 p.m.
• Wednesday, March 20, 1:30-3:00 p.m.


Richard Belcher with WSB ran a story Friday, State attorney general’s office criticizes DeKalb school board plan to hold secret meetings about spending. Belcher spoke with the President of the First Amendment Foundation who agreed that “this is a clear violation of the Open Meetings Act.”


The Office of the Attorney General has weighed in. His office sent the school district this message earlier this week.

Open Meetings Complaints about the DeKalb County Board of Education

Chris Carr

Chris Carr
Georgia State Attorney General

Dear Ms. Gupta:

I am writing to you to follow up on the discussions we had about the “mini-sessions” held by members of the DeKalb County Board of Education. Based on the information that has been forwarded to our office, these “mini-sessions” were held to allow board members to discuss E-SPLOST (and other school district business). Board members were told that no more than three board members should attend each session in order to “avoid a quorum.” I understand from our conversation that it is expected that the information discussed in the “mini-sessions” will be discussed again by the full board in a public meeting.

I acknowledge that the Open Meetings Act does exempt some types of gatherings of board members from the definition of a “meeting” and there are some curcumstances where board members could gather without the intention of evading or avoiding the requirements of the Act. However, that does not mean I condone the actions of the board in these circumstances, particularly as it relates to the specific statements that the intent is to avoid having a quorum present. The intent of the General Assembly in passing the Act is to provide strict requirements ensuring that the public’s business is conducted in an open and accessible manner. Not only does such a requirement permit the people to know what actions their public servants are undertaking, but it also fosters public confidence in their leaders and the decisions that they make. The failure to serve those underlyning purposes leads to mistrust and controversy. Stating that the “mini-session” are being scheduled in a way that “avoids a quorum” strongly suggests to the public that the sessions are being used for discussions or deliverations that the public would expect to be conducted in a public meeting.

The Act states, in its definitions of a meeting: “This subparagraph’s exclusions from the definition of the term ‘meeting’ shall not apply if it is shown that the primary purpose of the gathering or gatherings is to evade or avoid the requirements for conducting a meeting while discussing or conducting official business.” O.C.G.A. § 50-14-1(a)(3). It is hard not to draw a conclusion that the sole purpose of the mini-sessions was intended to avoid compliance with the Act and holding these meetings in the open. If this is so, then no exception would apply in this case.

The Open Meetings Act is one of our public officials’ most valuable tools in communicating with and serving the people they represent. I am also mindful that the Act was not designed nor intended to prevent every every possible contact or conversation between two public officials outside of a formal meeting. There are certainly times when such communications may very well be appropriate. However, a public official is also a trustee of the people and must be judicious in the exercise of his or her privileges and authority. Matters that involve critical or deliberative processes on issues of public concern are best decided when they are open and available to public review. Taking steps to avoid having discussion of public business outside of a public meeting can only benefit the agency and the public it serves, in fulfillment of both the intent and spirit of the Act. It is therefore my sincere hope that the board will in the future carry out not only the letter of the law but adhere to the spirit of the law as well.

Although our office cannot provide legal advice to local governments, we are happy to discuss Open Government issues with public officials and citizens and to provide resources and information about the Acts. If you, the board, or district staff members have questions about how board members can meet with staff members while complying with the Open Meetings Act, please call our office.

Sincerely,

Jennifer Colangelo
Assistant Attorney General

New Visitor and Volunteer Policy

DeKalb Schools administration has been revising the Visitor and Volunteer policy since last year. They continue to accept, evaluate and incorporate feedback.

This week they proposed the latest version of the policy. They will continue to take feed back this month and the board will take another look at it in April.

My Feedback

Level 2 volunteer requirements need to be reworded, I find it somewhat confusing. I’m also thinking it is still a bit restrictive.

The administration is looking to move this from policy to regulation, which means the Superintendent can change this at will. Orson and I asked them to move it back to policy, so it can be set in stone. They can move into regulation anything that really needs to be flexible.

I would also like the school district to accept secure transfers of background checks from other police departments.

Your Feedback

Let me know your thoughts and questions about the new revision. Please comment on this post here. Also, you can provide feedback directly to the district here:

School Volunteers Policy – Feedback


Volunteers Policy

The DeKalb County Board of Education recognizes the importance of visitors and volunteers who play an important role in supporting, encouraging, and advancing student achievement. Parents and others who wish to support student achievement are encouraged to participate in parent and community engagement activities at approved school or district-sponsored activities.

In support of student safety, all schools and administrative offices are required to identify and screen all volunteers in accordance with the supporting administrative regulation.

The superintendent or designee shall establish such procedure and necessary regulations to administer this policy.

Volunteers Regulation

Volunteers are a valued part of the DeKalb County School District and contribute to overall student academic achievement, school climate and culture. The following regulation defines volunteer, outlines volunteer levels, and provides volunteer expectations to promote student safety.

Definitions

Volunteers are non-paid persons authorized to perform volunteer services at approved school or district-sponsored activities. All volunteers must complete, the volunteer registration process which includes submission of the Volunteer Application and Release Form. Volunteers who will come into direct contact with students who are not their own must also complete mandated reporter training per O.C.G.A. § 19-7-5 prior to participating in any volunteer activities. The school must maintain documentation that the volunteer has completed the Volunteer Application and Release Form, mandated reporter training and any other required training. The documents will be maintained at the school for the current academic year.

Volunteers will be issued volunteer badges, which must be displayed at all times while on school property. School volunteers must sign-in and out in the school office and obtain a visitor badge in accordance with policy KM – Visitors to School and school procedures.

The District recognizes the following three levels of volunteers:

Level 1
Level 1 volunteers are non-district personnel who engage in supervised volunteer activity but will have no interaction with students, such as volunteers working on playground construction or assisting with facilities maintenance when school is not in session. Level 1 volunteers do not require criminal background checks. Prior to service, Level 1 volunteers will be required to sign a Volunteer Application and Release Form, which will be kept on file at the school. Registered sex offenders will not be allowed to volunteer.

Level 2
Level 2 volunteers are non-district personnel who will have supervised interaction with students such as school day field trip chaperones or assisting a teacher. Prior to service, Level 2 volunteers are required to submit a Volunteer Application and Release Form and Criminal History Release Form, and GBI criminal background check. Registered sex offenders will not be allowed to volunteer.

Level 3
Level 3 volunteers must be approved by the Department of Public Safety and the principal of the school prior to participating in activities involving direct, unsupervised interaction with students. Examples of Level 3 volunteers include chaperones on overnight field trips or any other volunteers who will have unsupervised interaction with students. Level 3 volunteers shall be fingerprinted by the district and have GBI/FBI criminal background checks on file prior to volunteer services. This background check requires a fee and must be conducted by the Department of Public Safety. Registered sex offenders will not be allowed to volunteer.

Exceptions
This policy does not apply to individuals who are working pursuant to a vendor contract with the district to provide services. Such individuals must follow the terms of their company’s vendor agreement with the district.

Expectations of Volunteers
Volunteers must adhere to the same guidelines set forth for employees and should not engage in inappropriate communication and/or contact with students at any time.

In accordance with OCGA 19-7-5(c) (1), volunteers are considered mandated reporters in cases of suspected abuse. Reports of suspected abuse should be made to the school administrator or their designee.

Disqualification of Volunteers
Parents/guardians who are excluded from volunteer activities may attend public events at the school such as Parent Teacher Association meetings and student activities directly related to their student. See Board Policy KM: Visitors to Schools

Access to Student Information
School volunteers shall not have access to student information, including Infinite Campus, without express written consent from the parents/legal guardians of the students.