Orinda school board refuses to hear complaint against principal

By Jennifer Modenessi Contra Costa Times

POSTED:   04/21/2014 09:43:42 AM PDT         see comments at bottom of post

Link to original article

ORINDA -- Three years after hearing complaints from parents about what they claim is strict and overly harsh punishment of students by an elementary school principal, a majority of Orinda School District trustees have voted down an appeal to hear a new complaint filed by a teacher against the administrator.

Board President Chris Severson, Vice President Matt Moran and board member Julie Rossiter voted April 21 not to hear a teacher's complaint against Wagner Ranch Elementary School Principal Janis Arnerich. That followed an earlier dismissal of the complaint by Superintendent Joe Jaconette. Trustees Sarah Butler and Tyson Krumholz voted in favor of hearing the grievance.

Butler said later that she voted to hear the complaint because she believes the board serves as an appeals body, and is tasked with ensuring accountability. Krumholz wrote in an e-mail that he looks to the superintendent to "engage and improve" any school site situations and would continue to press the board to prioritize individual site visits.

The teacher later asked not to be named for fear of retribution.

Because the decision was made during closed session, board members did not discuss the matter publicly or give details of the complaint. Severson issued a statement that the board could not discuss personnel information but takes all complaints "seriously and investigates them."

"The district has investigated all complaints in accordance with district policy and procedures," Severson said.

Jaconette did not comment.

The vote came despite pleas from current and former Wagner Ranch parents to consider hearing the teacher's concerns. Three years ago, Arnerich's critics decried the school's high suspension rate and disciplinary tactics they said humiliated students. Parents also criticized the handling of suspensions and other punishments they say were meted out hastily and without full investigations. They also expressed concerns about videotaped interviews of students without parental knowledge, and about possible discrimination.

Supporters have argued in the past that Arnerich, principal of Wagner Ranch since 2004, is the target of an "orchestrated" attack.

According to data from the Department of Education, 13 suspensions were reported at Wagner during the 2009-10 school year, compared with four total recorded at the district's three other elementary schools.

Some parents are still critical of what they say is a lack of due process. And on April 14, residents again rallied and asked the school board to hear the complaint dismissed by Jaconette.

"My request is based on the fact that it is one more in a growing list of complaints against Principal Arnerich's abusive and unprofessional behavior, which has been ignored by (Superintendent) Jaconette," said former Wagner parent Neil Gilbert. "Jaconette has ignored Arnerich's pattern of disrespect toward parents and insensitivity toward students and bullying of teachers that continues to this day."

Commenting on a closed session performance evaluation of the superintendent, scheduled immediately following the board's consideration of the grievance, parent Lisa Copass told the board that based on years of complaints by parents, teachers and children, trustees should consider whether Jaconette is the "right person" for the job.

"Let me remind the board that the superintendent reports to you all and you all were elected to work for the Orinda people," Copass said.

The board did not comment publicly on the superintendent's evaluation, which must be completed each year by June 30th.

OUSD Board Highlights

Underlined items are of special concern to teachers and parents. Please comment/check the comments for opinions.

Summary:
1. Complaint filed by a district employee will not be heard by the board.
2. Resignation speech by Kristen Nielsen, Core teacher at OIS
3. Bylaw to elect Board president by vote instead of rotating trustees through the post.

Public Comment for Closed Session video (attended by about 30 people for standing-room only)

Dr. Neil Gilbert PhD. UC Berkeley, spoke against the unprofessional behavior of Mrs. Janis Arnerich as principal at Wagner Ranch School and the perceived pattern of ignoring said behavior by Dr. Jaconette, her supervisor.

A parent also spoke in support of a teacher who has filed a complaint at WR and included the parent’s negative opinion of Mrs. Arnerich as a school leader.

Charles Shannon, OEA President encouraged the board to carefully review the above-mentioned complaint filed by the WR teacher.

Former WR parent who left WR 3 years ago and moved/transferred to another OUSD school. The parent objected to the unprofessional leadership of Mrs. Janis Arenrich and the parent’s appreciation for her new experience at Sleepy Hollow.

An additional WR parent requested the board to hear/read the above-mentioned complaint by the WR teacher. The parent noted that many parents have requested district office support via letters, phone calls and discussions and that those requests for help have been ignored.

Mrs. Cimon Starr encouraged the board to connect the Supt.’s evaluation to the leadership concerns at WR including the parents’ perceived protection of that principal by the Supt.

A student spoke to her negative experience with the principal at WR and that she had “hated” school because of the principal. The student transferred to another school where she has been happy. The student talked about how badly she feels for students who have to attend school under Mrs. Arnerich’s leadership. The student began to cry.

Closed session: Vote on whether to hear the staff member complaint and the superintendent's evaluation. 

Severson, Rossiter and Moran voted to uphold the Superintendent's findings against the WR teacher who filed a complaint. The complaint was not heard by the Superintendent and will not be heard by the board either.

Public Comment: Video of rest of the evenings' board meeting

Kristen Nielson's resignation speech: 15 year OIS Core teacher; organized and implemented the OIS award winning Green Team. Reason for leaving exhaustion: superintendent who does not put teachers 1^st, an unmanageable work load, administrators who do not seek input from teachers before making decisions. Teachers have to fight for over-assessed students and the right to have our children attend the OUSD schools. Ms Nielsen received Teacher of Month re Green Team, then later asked by the superintendent “why bother” with the green team. (The full text of this speech is here.)

Parent from Lafayette: concern about low funding for the Lamorinda schools.

Accounting parent followed the money from property taxes to Sacramento.

Request school financing on the agenda for a future discussion. Focus: equal access for education for all children

Charles Shannon: Teacher Appreciation May 14: complimented teachers and staff for their work in OUSD.

Employees of the Month: teacher = Jennifer Dodd

Maintenance = Mark Mortenson

Cooperation is a powerful tool. OUSD is very special. Kids excited about learning, wonderful teachers who make a difference. Glad to be a part of the team.

Bryan Inglesby complimented OUSD teachers and recognized that May 14, 2014 is the Ca Day of the Teacher. Trustee Butler asked if the district does anything for teachers on this day. Dr. Jaconette said that the district tells parent's clubs so they can put together some kind of teacher appreciation event.

May 19^th, Classified Employee Day

Charles Shannon thanked classified employees for their constant contributions to our school system.

Lengthy discussion about a variety of facilities improvements at WR.

Retaining wall, reroofing, hillside repair, and shade area approved.

Glorietta: hillside repair approved

Approved 2014-2015 Budget Guidelines. Trustee Severson would not allow questions from OEA President, Charles Shannon.

Board Bylaw BB9100: Refers to how the president of the board is appointed.

Background: The existing bylaw suggests that new board members be appointed vice president and then rotated into the presidency. This was ignored when Trustee Krumholtz was not appointed, in favor of Trustee Moran (who has served for much longer). The president of the board sets the agenda with the superintendent and as such, this is a powerful position.

Trustees Butler and Kromholz not in favor of changing bylaw; deters teamwork and would remove opportunity for a Trustee who has not served as an officer to be considered to serve.  The new bylaw language makes the appointing of the president a straight vote, potentially allowing one board member to serve for a long time. 

Approved by Severson, Moran and Rossitor

2014-15 Budget Assumptions

Projected OIS current: 903, projected: 882

TK-8 current = 2503 projected: 2456 (-47)

Staffing for upcoming year appears static except at Glorietta

Rossitor supported maintaining 20:1 ratio in primary grades even though state is now recommending 24:1. Trustee Krumholz concurred however concerned that state will not be funding 20:1 in OUSD at previous rate.  Previously, $1071 per student for 20 students in a class. Funding has dropped to $718 and OUSD only receives 28% of $718 = $517 per student.

Director of Technology: shared position with Moraga School District. Individual hired would be paid 40-60 by Moraga and Orinda. Lengthy discussion by Board.

January OEA Rep Council Update

·      OEA Leadership is reviewing contract language regarding "Complaints" - a new section we would like to add to our contract during negotiations.

·       Allison and Colleen are reviewing our Bylaws to see if there is anything we should add that will help guide and strengthen our Association.

·       We are still trying to consult with the district on the Local Control Accountability Plan and Common Core.  Here is the Ed Code as it relates to this issue. At this time, the district is not interested in meeting with us.  We are working with a few Board members to make this happen.