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Warsaw School Board Approves Policies on Vacancies, Weapons

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Covering everything from school board vacancies to weapons, the Warsaw School Board reviewed changes to its board policies during a work session Monday night.

Copies of the policies are available for public review through the school superintendent’s office. The board will give the first reading of the policies at its 7 p.m. Aug. 22 meeting, and then the second reading and approval at its Sept. 19 meeting at 7 p.m.

After the policies are approved, the changes and additions will be posted online. Current policies are already posted on the Warsaw Community School Corp.’s website.

Dr. Max Spaulding, of Northeast Ohio Learning Associates of Indiana, reviewed the policy changes with the board. NEOLA develops and updates board policies, administrative guidelines and correlated forms in electronic or printed format.

Spaulding said NEOLA started working with Warsaw four to five years ago.

NEOLA provides updates twice a year based on state and federal law changes and court decisions. Besides Indiana, the company works in Ohio, Michigan, West Virginia, Wisconsin and is trying to get into Illinois. In Indiana, NEOLA serves 196 school systems out of more than 300.

Unfortunately, he said, Warsaw Schools is two years behind on its policies.

“I’m here to help you catch up,” Spaulding said. “It’s just clockwork, people. Every six months, you should see a packet come to you.”

Spaulding said most of the revisions the board had in front of it were due to federal law changes, including that the school can’t discriminate based on genetic testing.

To change any of the bylaws, two-thirds of the board have to approve them. Board President Deb Wiggins said it will be rare when the board is asked to change any bylaw because that’s the “guts” of it.

Spaulding said, “You will never have anything hit your table until our attorney has looked at it.”

An item under bylaws the board is reviewing for change is vacancies. One of the changes is that the board “shall interview all eligible applicants at a public board meeting to ascertain their qualifications for board service.” The policy previously stated the board would review all applicants.

Matt Dick questioned interviewing all applicants because there could be many of them. Wiggins said the board members are elected officials. If there is a vacancy to fill, they are filling the position of a public position. Dan Robinson said it was the right thing to do.

A policy on board voting states, “No action shall be valid unless approved at an official public meeting of the board by a majority vote of those present of the board and a proper record made of the vote.” Instead of stating “those present,” the policy had stated “a quorum.” Robinson said of the seven board members, if only four were present, an action could be approved by only three board members and he did not like that. Wiggins said four out of seven board members makes a quorum, and if there isn’t a quorum, then it’s not an official meeting and no vote could be taken.

The board then reviewed policies on personal background checks, mandatory curriculum, nondiscrimination and access to equal educational opportunity, prohibition against discrimination based on disability, the annual performance report, cancellation of a teaching contract and physical examinations.

Policies on weapons caused a stir among the board.

The current policy prohibits certified staff members from possessing, storing, making or using a weapon in any setting that is under the control and supervision of the corporation.

The change includes, “The possession of a firearm in or on school property, in or on property that is being used by a school for a school function, or on a school bus is a felony and is prohibited by board policy. Possession includes storing the firearm in a personal vehicle while on school property. This prohibition applies to all employees including those who have a personal protection permit to carry a handgun.”

Dick said if someone came into an elementary school with a gun where his children attended, and a teacher had the ability to get their gun in their car to protect the students, he wouldn’t be opposed to that. He questioned if the board had to approve such a policy.

Spaulding said the law states a person can bring a gun to work, as long as it is locked in their vehicle, except schools. Federal and state laws ban guns at schools.

Dick and Dan Metzger said they thought state law changed to allow school corporations to formulate their own policies on guns.

Wiggins instructed Superintendent Dr. Craig Hintz to review the issue further and bring back information to the Aug. 22 meeting.

The weapons policy defines weapons as “any object which, in the manner in which it is used, intended to be used, or represented, is capable of inflicting serious bodily harm or property damage, as well as endangering the health or safety of persons.” Weapons include, but not limited to, firearms, tasers, handguns, stun guns, guns of any type, including air and gas-powered guns (loaded or unloaded), knives, razors, clubs, electric weapons, chemical weapons, metallic knuckles, marital arts weapons, ammunition and destructive devices (bombs, incendiary, grenade, Molotov cocktail, rocket with a propellant charge of more than four ounces, etc.).

The policy also states the superintendent will “report an employee” who violates this policy to law enforcement officials. The staff member will also be subject to disciplinary action, up to and including termination for violation of this policy.

Wiggins asked if board members were considered employees. Spaulding said they were because they received a stipend.

Other policies covered anti-harassment, privacy protections, Family and Medical Leaves of Absence, military service, eligibility of resident/nonresident students, homeless students, credits and placement from non-accredited schools, facility security, video surveillance and electronic monitoring, Internet policies, student records, control of casual-contact communicable diseases, transportation and attendance at public events.