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Decision Number
378
Book
12
Month
October
Year
1995
In RE
Janiene Nusbaum and Jay Jay Krutsinger
Appellant
Janiene Nusbaum and Jay Jay Krutsinger
Appellee
Chariton Community School District
Full Text
Summary

Appellants allege the Board violated the Open Meetings Law. This cannot be brought to the State Board due to jurisdictional authority. Appellants are appealing the restructuring of the elementary building. The chronology of events cumulating in this appeal was relatively brief. In February 1995 a public hearing was held in Chariton; the Board also met with community members in Williamson and Lucas to discuss the possible closing of an attendance center.

No Board action was taken at either meeting so there are no minutes concerning the details of the discussions. However, the newspaper covered both meetings in great detail. The K-2, 3-5 restructuring was not publicly discussed before the March 13, 1995, board meeting. The agenda lists "Financial Condition Report, Options, and Decisions." There was no discussion regarding the restructuring; however, the Board voted 3-2 to restructure.

A newletter was sent home with the children the next day. There was a general "outcry" in the community. As a result of this reaction, the agenda for April 10th indicated a reconsideration of this action. The superintendent testified at the hearing that the Board had not set a time frame. The evidence showed that the composition of the study committee was devoid of parents who owuld be affected and this committee was appointed to study the closings in Lucas and Williamson. There was no evidence that the restructuring would save the District money. The only "Barker" guideline that was properly satisfied by the Board was that the final decision was made in an open, public meeting.

The State Board retained jurisdiction over this matter until the Chariton School Board had an opportunity to take action to re-structure its elementary schools for the 1996-97 school year.

That the decision of the Board of Directors of the Chariton District is hereby overruled subject to the conditions of this decision.