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School Committee Minutes - 03/31/08


Natick Public Schools
SCHOOL COMMITTEE MEETING
March 31, 2008

The School Committee held a meeting on Monday, March 31, 2008 at 7:30 p.m. in the School Committee Room, Third Floor, Town Hall.   Dr. Joseph Keefe called the meeting to order at 7:30 p.m.

Members Present:        Karen Adelman Foster, Anne Blanchard, Dirk Coburn, Steve Meyler, David Murphy, Rick Wynn, Anne Zernicke
        
Others Present: Joseph Keefe    Interim Superintendent
        Karen Leacu LeDuc       Assistant Superintendent
        Tom Rose        Director of Fiscal & Management Services
        Sharon Reilly   Recording Secretary
                Staff Members, Parents, Public

Dr. Keefe presided over the meeting until the new Chair was elected.  Dr. Keefe requested that nominations be made for the position of Chair, Vice Chair, Clerk and Recording Secretary.  

REORGANIZATION OF THE SCHOOL COMMITTEE

Mr. Wynn nominated Mr. Stephen Meyler for Chair of the School Committee.  Ms. Adelman Foster seconded.  It was unanimously approved.

Ms. Zernicke nominated Ms. Anne Blanchard as Vice Chair of the School Committee.  Mr. Wynn seconded.  It was unanimously approved.

Mr. Wynn nominated Mr. Murphy as Clerk of the School Committee.  Ms. Blanchard seconded.  It was unanimously approved.

Mr. Coburn nominated Ms. Sharon Reilly as Recording Secretary of the School Committee.  Mr. Wynn seconded.  It was unanimously approved.

Chairman Meyler suggested taking action on the various subcommittees at the meeting of April 28.  He requested that members submit their requests for serving on these committees along with the timeframes and deliverables of the subcommittees.  A discussion continued.  Chairman Meyler suggested that the School Committee hold a retreat prior to the School Committee meeting of April 28 to sort out what subcommittees should be continued, what works, what doesn’t work, etc.

SCHOOL COMMITTEE MEMBERS CONCERNS

Chairman Meyler thanked Mr. Rick Wynn for all the work he has done over the past year as Chair of the School Committee.  On behalf of the School Committee he presented him with a gift.   Members of the School Committee, Administration and public applauded Mr. Wynn.   

Mr. Dirk Coburn thanked all who were involved on the leadership team for the “Yes for Natick” override campaign.  He thanked many others not on the list that were also very instrumental in passing the override.  Dr. Keefe indicated that a formal resolution will be presented at the meeting of April 7, 2008 to thank all involved.  

Ms. Adelman Foster encouraged people to contribute to the elderly and disabled taxation fund if they are in a position to do so.

PUBLIC SPEAK

Ms. Chris Weithman, speaking as citizen, stated that we are thankful to be proceeding forward with the override and that the town is doing some outreach to assist people (letters were included in the recent tax bills).  She suggested that the schools be a vehicle for communication to parents who may need assistance.  She also suggested that the school department’s website link to the Town website so parents can see what assistance is available to them and where they may go for help.

COMMUNICATIONS, PETITIONS & ACKNOWLEDGEMENTS

Mr. Wynn read a timeline of events regarding the Natick High School logo change prepared by Dr. Keefe:

·       March 5, 2007 – School Committee votes to cease using the Redmen name, effective September 2008.  School Committee votes to establish a Task Force to produce a new name.
·       June 2007 – Task Force initial meeting
·       September 2007 – January 2008 – Task Force develops recommendations in public sessions
·       February 11, 2008 - Selectmen vote to place nonbinding referendum question on ballot.
·       March 8, 2008 – Task Force meets and recommends new name and contest for visual representation of name
·       March 25, 2008 – Town election and vote on ballot question.

Mr. Wynn then reviewed several facts and moved for approval for the School Committee to accept the following motions:  

Introduction:
In recognition of the facts that:
various persons have alleged that the use of the name "Redmen" and the corresponding use of a Native American "Indian" mascot are offensive, racist, derogatory, and that each may constitute a form of discrimination and/or violation of civil rights;
the School Committee, based on the above information, allegations and public testimony, voted 4-3 to cease the use of said name and mascot  in March 2007;
prior to reaching its previous decision, the School Committee did not seek a formal legal opinion or to establish whether there was, in fact, a violation of applicable laws;
subsequent to the March 2007 vote, the School Committee, either collectively or through communications with its Chair and/or Superintendent has been threatened with formal legal action if the use of said name and mascot are continued by multiple parties;
while through a legally non-binding resolution, the citizens of Natick voted, by a nearly 2:1 margin, to request that the School Committee reconsider its previous decision to cease the use of the name "Redmen" and its Native American "Indian" mascot;
the School Committee should undertake the following recommended actions in order to properly respond to the community's recent public vote and to establish, as fact, whether the allegations of discrimination and potential violation of civil rights have merit under existing applicable local, state and federal laws. 3 specific motions are offered as follows:
Motions:
Motion A has separate sub-motions, created to make distinct actions more clear. The motion is offered with all parts included as a single motion: individual sub-motions should not be voted separately.

A.1) Move that the School Committee authorize and direct the Chair of the School Committee and the Superintendent to jointly appoint independent legal counsel to review the claims and assertions made to the School Committee, or to the School Committee Chair and/or Superintendent collectively or individually, that the continued use of the name "Redmen" and the Native American "Indian" mascot  or the use of any variation of the name “Redmen” are either discriminatory or in violation of individuals' civil rights. The appointed attorney's legal analysis should contemplate all relevant and applicable local, state and federal laws. Upon completion of his/her review, the attorney shall present to the school committee, in open public session, a formal, written legal opinion which clearly indicates whether or not the continued use of the "Redmen" name and Native American "Indian" mascot each constitutes discriminatory practices and/or violation of individuals' civil rights, as has been alleged, under existing applicable local, state and federal laws. A written copy of the legal opinion shall be delivered to the Superintendent and current Chair of the School Committee in advance of the public presentation. The legal opinion should be presented to the School Committee, ideally, not later than the Committee's currently scheduled meeting on May 19, 2008.
A.2) Further, move that the School Committee organizes an open, public forum to: solicit public input and to assist its appointed counsel in fully understanding the range of claims and evidence having been previously made to, or against, the School Committee. Due to the potentially heightened emotional nature of this issue, the forum shall be moderated by an independent, third party mediator or facilitator, appointed by the Superintendent and current Chair of the School Committee. The forum will be organized to accomplish the following explicit outcomes: 1) To create an opportunity for all members of the community and other interested parties (both persons and representatives of interested groups or entities) to state his/her/its position and establish the relevant facts in support of his/her/its position; 2) To give interested parties, not previously heard from in open public session, an opportunity to come forward and present new testimony; 3) To give the appointed counsel the opportunity, as well as his/ her affiliates or representatives, an opportunity to clarify testimony made by any party, if appropriate, in establishing the full range of claims which may be brought against Natick Public Schools. The public forum should be posted for a date in early May following the conclusion of Natick's annual spring Town Meeting, based on the availabilities of each of the School Committee's two appointed persons (the attorney and the facilitator).
B: Move that the School Committee holds the existing motion (to eliminate the use of the "Redmen" name and Native American "Indian" mascot, voted in March 2007) in abeyance, pending its receipt of the appointed attorney's legal opinion (as outlined in motion A). Further move that the School Committee shall, having both heard the attorney's full legal opinion in open public session and received same in writing, will take into consideration this formal legal opinion in the committee’s reevaluation of the appropriateness of the continued use of the name “Redmen” as well as the Native American “Indian” mascot.  This reliance on the legal opinion does not constitute a delegation of the decision by the School Committee to its attorney.  The School Committee should make its final determination on the continued use of the name and mascot on a timely basis following the attorney’s presentation of his/her legal opinion, and in no case later than its meeting on June 16th, 2008.
C: Move that the School Committee request that the Superintendent postpones further action of the existing process, already in place, to develop a potential new name and mascot, pending the receipt of the appointed attorney's legal opinion, and ultimate decision on continued use of the existing name.
Mr. Murphy seconded.
A lengthy discussion continued between School Committee members and members of the public.  The language of the motions was modified by friendly amendments and is included in the language above.  A discussion was also held on the format of the open session and the School Committee’s participation.   Dr. Keefe suggested that the details and process of the public forum be worked out with the appointed counsel and the mediator, once selected.  
Chairman Meyler called for a vote of the above motions.  They were unanimously approved.

At 9:30 p.m., Mr. Coburn moved to adjourn.  Ms. Zernicke seconded.  It was unanimously approved.




                                Joseph A. Keefe, Ed.D.
                                Interim Superintendent
                                Secretary to the School Committee
                
Attest:_____________________________    Sharon Reilly
                                Recording Secretary  


Natick Town Offices 13 East Central Street, Natick, MA 01760
Phone: (508) 647-6400    Fax: (508) 647-6424