Posted: 4/19/06
Tie vote sinks bus change
By Patrick Tepoorten
A request made by Kelli Klein that the NB school district allow her child to switch buses as the family situation has changed, became a complicated issue at the April 13 meeting. The policy, put into action last school year, allows parents only one bus change per school year. Klein had received the annual bus change last October. Because of that, the district denied her doing so again, based on the policy.
Thursday, boardmember Jeanne Walz explained that the policy was needed to cut back on the number of bus changes happening during the academic year. She said however the policy ìdeserves some review,î especially at the elementary level. She asked the board to review the policy in hopes of addressing special circumstances in the future, but did not want the spirit of the policy lessened. ìKlein makes some excellent points, some important points and we need to show some flexibility,î she said.
Board chairperson Kim Salo called the large number of requests for bus changes that facilitated the policy ìadministratively nightmarish.î She said the policy leaves no room for superintendent Rodney Reisnouer to allow a transfer based on circumstances, and that he had ìacted correctlyî in denying the request. She suggested that allowing the superintendent some discretion might be a way to amend the policy.
As to Kleinís request, boardmember Donna Hubbard asked if Klein had ever considered using the districtís after school program instead of insisting on a bus change.
Klein said she had, but had been told by the superintendent that using the bus to the after school program would constitute a bus change and was therefore not an option. Klein also stated that forcing her to use the after school program was ìdiscrimination of my choice of day care provider,î and said her child had been in the same day care for six years and was intimidated by the large number of kids in the after school program.
Boardmember Karen Saltis questioned Klein specifically on her situation. ìYou knew in October the policy?î she asked.
ìNo I hadnít read the entire manual and the change was only a few words,î said Klein.
Saltis then took issue with Kleinís contention that a bus change was a safety issue for her family.
ìWere you not worried in October? You had a teenager home with your daughter,î she asked.
ìNot at all,î replied Klein. ìShe is a very responsible 15-year-old and knows the drill.î
Walz moved to waive the policy in this case due to special circumstances.
School board vice-chairperson Donna Setter did not accept that characterization. ìI donít see any extraordinary circumstances here,î she said. ìYouíve chosen not to use after school programs which are better then being home alone.î She also stated that she did not feel Klein had exhausted other possible remedies, an that waiving the policy would ìopen the floodgatesî for more requests.
Walz said the district had not had many requests for an additional bus change. It was her opinion that, since Klein had taken the time to be at the meeting, it qualified as a special circumstance. She also pointed out that, being April, the ìfloodgatesî mentioned by Setter were unlikely. ìThis is a one time deal,î she concluded.
Board members Salo, Walz, and Kirby Eckstrom voted to allow the bus change. But, Hubbard, Setter, and Saltis voted against allowing the change, and it was denied based on the tie vote.
Though the votes had been tallied, the issue was not settled. ìI need to have Mr. Reisnouer verify that I asked for the after school program and was told that it was a different bus and therefore a violation,î said Klein.
Reisnouer responded by suggesting Klein remembered the conversation differently than he did. Salo advised Klein to talk to the transportation director for clarification on that issue.
ìHe directed me to you,î responded Klein.
No one on the board knew if boarding the after school bus constituted a bus change, prompting Salo to tell Klein that the board would ìget back to her on the issue.î
Klein suggested a lawsuit against the district as her next course, accusing the district of discriminating against her choice in day care, and asking the board to re-vote on the issue.
ìA school board member would have to ask for that,î said Salo, who then informed Klein that the board would be moving on to a different agenda item.
Since the meeting the district has notified Klein that using the after school program bus does not constitute a bus change and the option remains open to her. In an e-mail reply to the district, Klein took issue with the veracity of the policy and noted, ìI request the school district to re-consider their ëmisuse of powerí to force a parent to select the day care only provided within ëinter-campus transportationí of the school.î
Klein continues to seek outside legal assistance in the wake of the decision.
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