Wappingers Central School District

• If the school leadership team is not subject to open meetings law, how could a valid executive session be held at a school leadership team meeting? According to the state open government website, “an executive session is not separate from an open meeting, but rather is a portion of an open meeting during which the public may be excluded.” Therefore, if the meeting was not a public meeting, but rather, a private meeting that the public was invited to attend, how could the principal have called for a vote to go into executive session?

The Wappingers Shared Decision Making Plan, which was approved by the Board of Education in March 2011, indicates that School Leadership Team meetings are subject to Open Meetings Law.  In compliance with the District’s Shared Decision Making Plan, the meeting was noticed as a public meeting. One of the exceptions to the Open Meetings Law is to discuss matters made confidential by state law, which includes seeking advice from legal counsel. Consistent with the Open Meetings Law, a motion was made during the public portion of the meeting to go into executive session for the purpose of soliciting legal advice, and that motion was seconded, and approved by the Committee.

• If a school leadership team has no decision-making power, why did discussion of a controversial mural need to take place at one of its meetings? Why didn’t the principal make a decision on his own, if it’s his decision to make?

Board policy 8200 provides the principal with the authority to make the decision to repaint a wall in a school building. The principal may also decide to include key stakeholders in the decision-making process.  In this instance, the principal decided to include his School Leadership Team in the decision-making process.

• Along that line, why did the superintendent feel it was necessary to have an attorney present at the school leadership team meeting? If the decision belonged to the principal alone, and not the leadership team or anyone else, why would the principal need legal counsel and input before a decision was made?

As per the WCSD Shared Decision Making Plan related to Open Meeting Law, the school was informed of their options pertaining to SLT meetings. The decision to convene an executive session was made because the SLT committee needed to solicit legal advice regarding the mural’s continued presence on the wall, as well as the interpretation of Board policies as to who is responsible for overall care and maintenance of school buildings.

• Why did district officials feel it was necessary for the mural discussion to take place in executive session, with legal counsel present?

See response to item #3 above.

• How much will it cost to repaint the fifth and sixth grade wing at Fishkill Plains? How will that cost be paid?

All of our schools average between $250-500 based on the length of the hallway.  These costs are included in the annual budget as part of maintenance.

• Has the mural been covered/repainted as of Dec. 11? If not, is there a date set for covering it?

To date, the mural has not been covered/repainted.  Painting is scheduled by the Department of Facilities and Operations and occurs when students are not in attendance to ensure that there is no disruption to teaching and learning. There is no date set for the repainting of the wall.

• What images will be put in place of the images that are being covered?

Projects related to wall design will reflect the curriculum and school-related initiatives being provided to the students currently enrolled.

• Who decides what those images will be?

The building principal may decide on his/her own or may decide to include the School Leadership Team in the decision-making process.

• The superintendent told me, in an email: “schools throughout the District have had murals/painted wall projects painted over.”  In those instances of repainting, what was the decision-making process like? Were the district’s lawyers ever involved in any of the discussion or the decision-making process? Were any executive sessions held as part of the process?

Other schools have made the decision to repaint student projects on the walls.  As per policy 8200, the decision may be made by the building principal without convening a School Leadership Team.  

• The superintendent told me: “Board Policy 8200 leaves the decision ultimately in the Building Principal’s hands because each principal is responsible for the care and maintenance of their building.” What Board policy 8200 says though, is: “Building Principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds, searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem.” Based on the policy quoted by the superintendent, is the district saying that the mural is considered a dangerous or hazardous condition? If so, why?

The quote provided in the question is actually from policy 8220 and not 8200.  The Superintendent referenced the correct board policy 8200 which states, “Each Building Principal is responsible for the care and maintenance of school buildings and grounds and shall assist in the supervision of the custodial staff in the performance of their duties. Teachers and students are expected to make every effort to utilize school buildings, grounds, materials, and equipment in a responsible manner.”