Bernie board admits to wrongdoing

Missouri's Sunshine Law, the guidelines of which govern all Missouri public schools, clearly states that "governmental bodies give 24-hour notice of, and provide public access to, meetings where business is discussed or policy is formulated."

There are clearly outlined exceptions within the Sunshine Law's guidelines that specify when boards of education are allowed to meet in "executive session." Items covered while in executive session would include the hiring and firing of personnel, expulsion proceedings and disciplinary actions taken against both students and staff members, when necessary.

The Bernie Board of Education, following their regular November 12 open meeting, adjourned and then reconvened in executive session, as had been publicized. A printed agenda had been made available to the press and to the board members present. Following the adjournment of executive session, however, discussion picked up once again and therein lies the problem that has resulted in all seven board members being reported to the Missouri Attorney General's office for having violated the terms of the Sunshine Law.

In admitting the wrongdoing, the press release states, "Upon adjourning from executive session, the Bernie Board of Education continued discussion. During this discussion, there were no actions taken and no decisions made."

"Upon reflection," the release further states, "the Bernie Board of Education believes that the discussion that took place by the full board following the executive session was a violation of the Sunshine Law. The discussion went far longer than any of us ever anticipated. The Board deeply regrets this incident and measures have been taken to assure that this type of incident does not occur again."

Much of the controversy surrounding the Bernie School District of late stems from a topic that was on the regular session agenda on November 12. About a 30-minute discussion ensued at that open session regarding the salary of the district's Parent as Teacher (PAT) educator, Mrs. DeeDee Burch. The end result of that discussion found the board in agreement that the salary of Burch would be raised.

What was not known at the time of the meeting by those in attendance, other than the board and the three administrators present, is that an evaluation of Burch's performance was included within each board member's packet. The routine evaluation, referred to as a "PAT Technical Assistance Report," which is conducted every five years, clearly cited a number of "areas of concern" with regard to the district's PAT program. Those concerns included essential record keeping forms missing from family files, the number of screenings for children ages six months of age to three years being very small in comparison to the number of families receiving PAT services, and screenings reported without the required documentation which were apparently turned into the state for reimbursement. Perhaps most troubling, however, was the final concern listed on the evaluation, which states, "The number of personal visits, screening and high needs contacts that were reported to DESE (Department of Elementary and Secondary Education) for reimbursement in May, 2007 determined the quotas for this program year. These quotas are too high for one full-time parent educator to complete while delivering quality services."

The evaluation, which was conducted by Missouri Program Coordinator Ronda Guth from the Parents as Teachers National Center, Inc., recommended that five initial steps be taken immediately to correct the issues cited. They include determining an accurate list of families who are currently enrolled and receiving services and close monitoring of records until the required invoicing has been submitted to DESE in January of 2008. A file review was also further recommended.

As to why the Board of Education, fully aware of the areas of concern with regard to Burch, proceeded to raise her annual salary, the Daily Statesman questioned Board President Darrell Crow and was provided the following response: "The board's decision to increase the PAT salary was based upon what we felt the "position" was worth. The performance of any individual employee was not a factor for consideration."

Asked if the Attorney General's office had been contacted regarding the impromptu November 12 meeting of the board, which is in violation of the Sunshine Law, the board's response confirmed, "It is the understanding of the district that there has been a complaint filed with the AG's (Attorney General's) office, although there has been no official contact from them as of yet." The report does not indicate the name of the complaintant.

It should be noted that the said violation is subject to a maximum fine of $5000 per board member and that the board's insurance does not cover the cost of this fine, since the admitted fault is a violation of the Sunshine Law.

It should also be noted that the PAT evaluation, although scheduled to be completed in routine fashion during the 2007-08 school year, was completed ahead of schedule at the request of the district, once the concerns regarding to Burch became apparent to Bernie's Elementary Principal Tommie Ellenburg and Supt. Ritchie.

While admitting to violating the Sunshine Law, the Board was quick to voice their pride with regard to the Bernie district's accomplishments, stating, "We wish to thank the patrons in our community who are extremely committed to supporting the work of our educators. As your elected representatives, we pledge to continue to work together with one another, the administration and staff in order to provide the very best educational programs possible for our community's most precious resource--our children."