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Complaints against Red Oak School District resolved in a heated forum

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January 16th, 2015 by Ric Hanson

A contentious series of complaints against the Red Oak Community School District were resolved Thursday afternoon, but not before new allegations and heated testimony were brought before a state agency. According to the Daily NonPareil, the Iowa Public Information Board closed the books on three complaints after the Red Oak district submitted documentation of its completion of requirements of a remediation plan approved in October. However, all three complainants expressed concerns in letters submitted to the IPIB as part of a report provided to the agency’s board members.

Jedd Sherman and Margaret Stoldorf called attention to a Dec. 15 school board meeting – held after board members received training from the Iowa Association of School Boards – where they describe a “huddle” of board members during a recess prior to a vote on a $13 million high school project. Stoldorf, who spoke at Thursday’s meeting, said the Red Oak school board should have had the conversation in open session.

Red Oak Superintendent Terry Schmidt said he was part of that discussion among three board members and two district officials. He said the exchange was “innocuous,” asking who should respond to questions from the public about the proposed facility project. But when a radio station representative challenged the discussion, they agreed they should reconvene in open session. A call was placed to the IPIB following the meeting to report the incident and solicit guidance, according to both district and IPIB officials.

Addressing a separate matter, Sherman said he was unsatisfied with the process because he never could access the rationale the board had to consider terminating his contract as principal of Red Oak High School. Sherman eventually resigned as principal, accepted a settlement payment and took a job teaching at St. Albert High School.

Don Rogerson, the third complainant, asked the IPIB to consider the “paradox” of needing to know which of a series of closed sessions contained an inappropriate discussion to successfully object to the meeting. Those letters – along with the fact the IPIB solicited the input – drew a sharp reaction from Rick Engel, an attorney representing the Red Oak district. He said the agency was sending a different message to public bodies, one inviting prejudice of the school board’s actions.

Engel said he questioned using those who file complaints to monitor compliance with remediation plans, which he said should be up to the IPIB itself. In the Red Oak cases, the complainants had already approved of the plan. In the final report for the cases, IPIB Deputy Director Margaret Johnson said any future violation of open meeting requirements by the Red Oak school board should be viewed as done knowingly, which could carry additional consequences.

Engel said the language suggests the district is not trusted. He asked if that was what the IPIB intended to do and whether it’s fair to do so. Johnson clarified during and in an interview after Thursday’s meeting that she intended that comment to be a notice the board has now had training, but she said determinants an action was knowingly done would not be automatic.

In response, Engel said he was happy with the board’s decision to dismiss the three cases as resolved and not use the “knowingly” language in its orders. Schmidt, the Red Oak superintendent, said the district has learned from the process.