[I. CALL TO ORDER]
[00:00:05]
THIS MEETING WILL COME TO ORDER.
THIS CALLED MEETING OF THE RICHARDSON ISD BOARD OF TRUSTEES, IS CONVENED ON JUNE 6TH, 2024 AT 3:03 P.M.. RISD PROVIDED NOTICE OF THIS MEETING IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, AND A QUORUM IS PRESENT.
THE NEXT ITEM ON THE AGENDA IS TO CONSIDER THE GRIEVANCE FILED UNDER BOARD POLICY GF LOCAL BY MR.
[II. LEVEL III HEARING - Randy Blankenship]
RANDY BLANKENSHIP.MR. BLANKENSHIP HAS REQUESTED THAT THE GRIEVANCE BE OPENED TO THE PUBLIC.
TODAY WE WILL CONSIDER THE LEVEL THREE GRIEVANCE OF RANDY BLANKENSHIP.
UNDER BOARD POLICY GF LOCAL PUBLIC COMPLAINTS GRIEVANCES.
MR. BLANKENSHIP'S GRIEVANCE IS RELATED TO THE DENIAL OF HIS LEVEL TWO GRIEVANCE.
THE FOLLOWING BOARD MEMBERS ARE PRESENT.
MISS DEBBIE RENTERIA, BOARD VICE BOARD VICE PRESIDENT.
MR. CHRIS POTEET, BOARD SECRETARY.
MEGAN TIMME, RACHEL MCGOWAN AND VANESSA PACHECO.
I AM REGINA HARRIS, BOARD PRESIDENT, AND I WILL SERVE AS THE CHAIR OF THE MEETING.
A QUORUM OF THE BOARD IS PRESENT.
ALSO PRESENT IN THIS HEARING ARE MR. RANDY BLANKENSHIP, OUR GRIEVANT TABITHA BRANUM SUPERINTENDENT, DR.
AND MISS LONG, IF YOU DON'T MIND, WOULD YOU PLEASE INTRODUCE US TO YOUR GUEST TODAY? YES. I HAVE BROUGHT MEGAN GERACE, WHO IS A SUMMER ASSOCIATE AT THOMPSON AND HORTON.
ALL RIGHT. THANK YOU SO MUCH AND WELCOME.
GILBERT GARCIA, ASSISTANT GENERAL COUNSEL.
DR. KRISTIN LEEPER, ASSISTANT SUPERINTENDENT TEACHING AND LEARNING.
ALEJANDRO ASSAYAS, LIBRARY AND INFORMATION TECHNOLOGY DIRECTOR.
LETICIA MCGOWAN, GENERAL COUNSEL.
KATHERINE MCKINNEY, EXECUTIVE ASSISTANT.
WE ARE MAKING A RECORD OF THE PROCEEDINGS BEFORE THE BOARD IN THIS LEVEL THREE GRIEVANCE APPEAL.
THESE PROCEEDINGS ARE BEING TAPED AND OR VIDEO RECORDED TO PROVIDE AN ACCURATE RECORD.
WHEN SPEAKING, PLEASE MAKE SURE THAT THE MICROPHONE IS TURNED ON.
PLEASE ENDEAVOR TO MAKE YOUR VERBAL STATEMENTS AS CLEAR AND COMPLETE AS POSSIBLE.
THE RECORDING OF WHAT IS PRESENTED HERE TODAY, TOGETHER WITH THE DOCUMENTS RELATING TO THIS GRIEVANCE, WHICH HAVE BEEN PROVIDED TO THE BOARD AND ADMITTED INTO THE RECORD THE DISTRICTS GF COMPLAINT POLICY, OTHER APPLICABLE POLICIES AND THE AGENDA FOR THIS MEETING WILL CONSTITUTE THE DISTRICT'S RECORD OF THE GRIEVANCE HEARING.
THIS IS AN ADMINISTRATIVE GRIEVANCE PRESENTATION AND NOT AN EVIDENTIARY HEARING.
THERE WILL BE NO PRESENTATION OR CROSS EXAMINATION OF WITNESSES.
THIS PRESENTATION WILL BE CONDUCTED AS FOLLOWS.
MR. BLANKENSHIP WILL PRESENT REMARKS TO THE BOARD.
THE GRIEVANT WILL HAVE TEN MINUTES TO MAKE HIS PRESENTATION.
MISS LONG WILL ALSO HAVE TEN MINUTES FOR HER PRESENTATION.
MR. BLANKENSHIP IF YOU WOULD LIKE TO RESERVE UP TO TWO MINUTES OF YOUR TEN MINUTES FOR REBUTTAL, PLEASE TELL ME HOW MUCH TIME YOU WOULD LIKE TO RESERVE.
AND I BELIEVE YOU JUST HELD UP TWO FINGERS FOR TWO.
PERFECT. SO WE'VE GOT YOU FOR TWO MINUTES.
I REMIND YOU THAT YOUR REBUTTAL IS LIMITED TO MATTERS RAISED IN THE ADMINISTRATION'S RESPONSE AND IS NOT AN OPPORTUNITY TO RAISE NEW MATTERS. MISS MCKINNEY, WOULD YOU PLEASE TAKE THE TIME? THANK YOU VERY MUCH. I DON'T KNOW IF I HAVE THE RIGHT TERM, BUT I THINK SOME POINT OF ORDER NEEDS TO BE EXCUSE ME IF THE TERMINOLOGY IS NOT RIGHT, IT NEEDS TO BE MADE BEFORE THIS STARTS.
OKAY, MR. BLANKENSHIP, YOU WILL ACTUALLY HAVE AN OPPORTUNITY IN JUST A FEW MINUTES.
NO, I'M TALKING ABOUT BEFORE YOU START COUNTING MY MINUTES.
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WE'RE NOT COUNTING YOUR MINUTES YET.NO NEW DOCUMENTS OR EVIDENCE SHALL BE PRESENTED.
I WOULD REQUEST, HOWEVER, THAT BOARD MEMBERS REFRAIN FROM INTERRUPTING OR ASKING QUESTIONS UNTIL THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS, SO THAT WE CAN MAINTAIN AN ACCURATE RECORD OF THE TIME USED BY EACH PARTY.
AS A REMINDER, BOARD MEMBERS, WHEN YOU ARE ASKING A QUESTION, PLEASE TURN ON YOUR MICROPHONE.
MR. BLANKENSHIP, MISS LONG, AND STAFF WHEN RESPONDING TO A QUESTION FROM A BOARD MEMBER, PLEASE ALSO MAKE SURE YOUR MICROPHONE IS TURNED ON.
ARE THERE ANY QUESTIONS REGARDING THE CONDUCT OF THE HEARING? BOARD MEMBERS.
YES. AND I'VE BEEN IN SOME EMAIL EXCHANGES WITH GENERAL COUNSEL, AND SO I HAVE SOME DOCUMENTATION TO GO ALONG WITH THIS HERE.
AND ONE OF THEM IS THAT THE EMAILS THAT YOUR DOCUMENTATION IS OR YOUR DOCUMENTS SUBMISSION THAT WAS PROVIDED YOU DOES NOT HAVE ALL THE INFORMATION I BELIEVE NEEDS TO BE IN THERE.
THIS EMAIL THAT EXCHANGED BETWEEN GENERAL COUNSEL MYSELF.
AND IT WAS BROUGHT UP IN THIS THAT THERE'S A TEMPLATE THAT WAS USED.
A HEARING OFFICER IS USED IN THE PREVIOUS COMPLAINT.
NOW, MY OBJECTION ON THAT WAS THAT THERE WAS SIMILARITIES.
GREAT SIMILARITIES. THEY'RE ALMOST MIRROR IMAGE OF EACH OTHER.
IN FACT, MY NAME WAS EVEN MISSPELLED.
SO I KNOW THAT IT REOCCURRED MY MISSPELLING MY NAME AND THE GRAMMAR THAT WAS USED IS IDENTICAL.
THE WORDINGS AND EVERYTHING IS ALMOST IDENTICAL.
SO WHAT I'M TRYING TO SAY IS THERE'S.
WHEN THEY PUT WHEN THE HEARING OFFICER IS ONE AND TWO, LEVEL ONE AND TWO PUT A SIGNATURE ON IT.
I'M GOING TO MAKE THAT CLAIM RIGHT NOW.
THAT WAS THEIRS WHEN IT WAS SOMEBODY ELSE'S.
NOW ALSO ALONG WITH THIS HERE I ALSO CONTESTED THE DELIBERATION OF THE BOARD AFTER YOU GUYS HEAR BOTH SIDES, YOU HEAR BOTH SIDES THAT GOVERNMENT TEXAS GOVERNMENT CODE 551.071, WHICH IS USED BY FOR ATTORNEY CONSULTATION, THAT THERE WAS SOME PROBLEMS WITH IT.
AND I DIDN'T GET I DIDN'T HAVE MYSELF COMPLETELY READY FOR IT.
BUT BACK HOME, I HAVE THE TEXAS DISCIPLINARY RULES FOR PROFESSIONAL CONDUCT, WHICH IS STATED IN EMAIL.
LET'S JUST GO OVER A COUPLE OF THEM BECAUSE IT'S NOT IN YOUR IT'S NOT IN YOUR DOCUMENTS.
TERMINOLOGY. I DON'T NEED TO THINK I NEED TO WORRY ABOUT THE TERMINOLOGY.
CONFLICT OF INTEREST GENERAL RULE.
CONFLICT OF INTEREST INTERMEDIATE.
THE GENERAL COUNSEL LABOR DEPARTMENT WORKED AS WORKED FOR THE SCHOOL DISTRICT.
IN THIS CASE, THAT'S CONFLICT OF INTEREST.
AND AS YOU CAN SEE BY WHAT I'VE ALREADY SPECIFIED, THEY'VE BEEN WATCHING OVER THIS OVERSIGHT FROM THE DAY ONE, AND THEY WANT TO CLOSE OUT, MAKE SURE THAT THEY GET THERE. THERE'S A CONFLICT OF INTEREST.
WAS NOT CANDOR TO THE TRIBUNAL BECAUSE YOU GUYS WERE MISLED.
RULE 3.05 MAINTAIN IMPARTIALITY OF TRIBUNAL.
IT GOES RIGHT BACK TO CONFLICT OF INTEREST.
[00:10:01]
I'D BE SEPARATED.SHE CAN'T WORK BOTH SIDES OF THE STREETS.
DO YOU UNDERSTAND WHAT I'M SAYING? YOU DON'T NEED TO ANSWER THAT.
RULE 3.06 MAINTAIN INTEGRITY OF JURY SYSTEM, NOT JURY, JURY SYSTEM.
YOU ARE A JURY SYSTEM WHEN YOU LEAVE HERE, YOU ARE GONE TO BE.
BUT FOR YOU TO BE BACK THERE WITH SOMEBODY ELSE.
IT GOES RIGHT BACK. IT'S A CIRCULAR.
SO THIS HERE WAS DECEPTIVE TO ME AND DECEPTIVE TO YOU.
IT'S NOT INCLUDED IN YOUR DOCUMENT SUBMISSION.
NOW THIS MRS. LONG MIGHT LIKE THIS ONE HERE.
RULE 8.03 REPORTING PROFESSIONAL MISCONDUCT.
AS AN ATTORNEY SHE KNOWS EXACTLY WHAT I'M TALKING ABOUT.
SHE'S ALREADY SEEN IT AND WAS A WITNESS TO IT LAST MONTH WHEN YOU HEARD THE OTHER CASE.
IF SHE ALLOWS THESE RULES TO BE BROKEN AND DOESN'T STATE SOMETHING SHE GETS SHE'S VIOLATING THE CONDUCT PROFESSIONAL CONDUCT RULES.
NOW, IF YOU WONDER WHETHER I HAVE ADDRESSES, I HAVE THE ADDRESS TO THE CHIEF DISCIPLINARY COUNSEL.
THAT'S PART OF THE STATE, STATE BAR.
THE SUPREME COURT OF TEXAS MAY ACCEPT THESE RULES.
ONE PERSON IN HERE HAS ALREADY HAD MY CASE MENTIONED TO THE STATE BAR ALREADY.
AND IT WON'T JUST GO TO THE DISCIPLINARY COUNCIL.
THEY ARE PROTECTIVE IN A WAY ALSO.
THERE'S GOING TO BE OTHER PEOPLE.
WHAT I'M TRYING TO TELL YOU IS YOU NEED TO BE VERY CAREFUL.
SOMEBODY TRIES TO TELL YOU SOMETHING.
BECAUSE I DON'T TAKE KINDLY TO BEING LIED TO BE MANIPULATED.
AND I HOPE YOU GUYS DON'T EITHER.
I DON'T KNOW IF I HAVE ANY MORE RULES, BUT I'LL ADD THOSE IF I THINK ABOUT IT.
AND SO, BECAUSE THIS IS A PUBLIC HEARING, AND TO SET THE MATTER ON RECORD AS WELL AS MR. BLANKENSHIP HAS STATED, THIS WAS ALSO ADDRESSED IN HIS PREVIOUS HEARING LAST MONTH, AND THIS MATTER WAS ALSO ADDRESSED.
AGAIN, FOR THE RECORD, I DO NOT WRITE ANY HEARING DECISIONS FOR ANY OF THE HEARING OFFICERS.
BUT NO, I AM NOT WRITING ANY HEARING DECISIONS FOR ANY OF THE HEARING OFFICERS.
THE TEMPLATE DOCUMENT THAT MR. BLANKENSHIP REFERRED TO IS AN ADMINISTRATIVE DOCUMENT, NOT A LEGAL DOCUMENT.
AND IT IS NOT WHAT HE SAYS THAT IT IS, AS WAS INDICATED TO MR. BLANKENSHIP LAST MONTH DURING HIS GRIEVANCE HEARING, HE IS WELCOME AT ANY TIME TO MAKE A PUBLIC INFORMATION REQUEST FOR THE DOCUMENT, AND ANYONE LISTENING TO THIS HEARING CAN ALSO DO THE SAME.
AS FAR AS WHETHER OR NOT HE WANTS TO FILE A COMPLAINT WITH THE STATE BAR, HE IS WELCOME TO DO SO, AS HE HAS PREVIOUSLY DONE, AND IT WAS DISMISSED BY BOTH THE BOARD AND THE APPELLATE BOARD BECAUSE HE IS NOT MY CLIENT, AND THE RULES THAT HE IS CITING ARE ACTUALLY NOT ELIGIBLE OR APPLICABLE.
AND SO THAT IS NOT SOMETHING THAT THIS BOARD CAN ADDRESS, BECAUSE MY LICENSURE, AS WELL AS THE LICENSURE FOR MISS LONG, WILL BE DETERMINED BY THAT GOVERNING BODY, NOT THIS BOARD.
IT'S VERY IMPORTANT TO NOTE THAT THE GENERAL COUNSEL OF RICHARDSON ISD.
IS DUTY BOUND TO DO WHAT IS IN THE BEST INTEREST OF THE DISTRICT.
SHE IS REPRESENTING THE ENTITY, NOT THE ADMINISTRATION.
[00:15:08]
I DO NOT GO INTO CLOSED SESSION WITH THE BOARD IF THEY HAVE QUESTIONS, LEGAL QUESTIONS, OR ARE SEEKING LEGAL ADVICE BECAUSE I AM REPRESENTING THE DELIBERATIONS IN CLOSED SESSION IF THEY OCCUR AFTER GRIEVANCE, THEY SEEK ADVICE FROM THE PERSON WHO IS HERE TO REPRESENT THE BEST INTERESTS OF THE DISTRICT AND NOT THE ADMINISTRATION, BUT THE BEST INTEREST OF THE DISTRICT AND GUIDE YOU AS BOARD MEMBERS.AND THAT IS MISS MCGOWAN AS YOUR GENERAL COUNSEL.
THIS IS AN APPROPRIATE DIVISION OF THE WAY ATTORNEYS WORK.
PROVIDE LEGAL ADVICE OR COUNSEL ON THIS PARTICULAR ISSUE.
THANK YOU, MISS LONG. DID YOU HAVE ANY ADDITIONAL QUESTIONS OUTSIDE OF THAT? GOOD. ALL RIGHT. THANK YOU.
MR. BLANKENSHIP YOU MAY PROCEED WITH THE LEVEL THREE GRIEVANCE PRESENTATION.
THIS APPEAL LEVEL THREE IS FILED BLANKENSHIP. I'M ACTUALLY GOING TO STOP YOU.
WE'RE GOING TO RESTART YOUR TIME BECAUSE YOU WERE NOT ABLE TO BE HEARD.
MOVE UP A LITTLE BIT. YOU MAY START WHENEVER YOU LIKE.
AND I SUBMIT ON THE SUBJECT OF THE BOARD POLICY GF LOCAL PUBLIC COMPLAINTS.
AND OF COURSE, THANK YOU MISS LONG FOR HER PRESENTATION OR PRESENCE HERE.
THERE WERE SEVERAL FOUR DIFFERENT ITEMS THAT IN THE RESPONSES DUPLICATING, OF COURSE FOR THE REASONS FOR THIS APPEAL STATED FLAWS CONNECTION WITH THE GOALS OF THE OBJECTIONS OF EDUCATION OR THAT WAS STATED THAT.
THE RESPONSE STATES A FLAWED CONNECTION WITH GOALS AND OBJECTIVES OF EDUCATION AND THIS STATEMENT.
RESPONSE WAS LITTERED WITH IRRELEVANT AND IMMATERIAL NOTATIONS AND REASONING.
IT SHOULD HAVE BEEN ALREADY RESOLVED BACK AT HEARING ONE.
BOARD POLICY F LEGAL PAGE 205 SPECIFIES HARMFUL MATERIAL AND OBSCENE.
HARMFUL MATERIAL MEANS MATERIAL WITH DOMINANT THEMES TAKEN AS A WHOLE.
PILLS TO PRUDENT INTEREST OF A MINOR IN SEX, NEUTRALITY, NUDITY OR SECRETION EXCRETION.
NUMBER TWO IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE WITH RESPECT TO SUITABLE FOR MINORS, WHICH IS NOT SUITABLE FOR MINORS AND IS UTTERLY WITHOUT REDEEMING SOCIAL VALUE FOR MINORS.
OBSCENE MEANS MATERIAL PERFORMANCE ONE, THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY STANDARDS WOULD FIND THAT, TAKEN AS A WHOLE, APPEALS TO THE FRIVOLOUS INTEREST IN SEX DEPICTS OR DESCRIBES PATENTLY OFFENSIVE REPRESENTATION OR DESCRIPTION OF ULTIMATE SEXUAL ACTS NORMAL OR PERVERTED, ACTUAL OR
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SIMULATED, INCLUDING SEXUAL INTERCOURSE, SODOMY, SEXUAL BESTIALITY, OR THE OTHERS.THESE HERE THIS THAT THIS BOARD POLICY ALSO CITES PENAL CODES, 43.24(A).
CELL DISTRIBUTION OR DISPLAY OF HARMFUL MATERIAL TO MINORS.
NUMBER ONE. MINOR MEANS AN INDIVIDUAL YOUNGER THAN 18 YEARS OF OLD AGE.
THAT MEANS EVERYBODY IN SCHOOL.
THIS IS A REPEAT FROM THE BOARD POLICY.
I WON'T HAVE TO READ. I DON'T WANT TO REDO IT.
THAT'S WORD FOR WORD REPEAT FROM THE BOARD POLICY.
THAT MEANS HOW WELL THE WAR POLICY IS WRITTEN BECAUSE IT COPIED THE PENAL CODES.
PENAL CODE, I MEAN BOARD POLICY EF LOCAL INSTRUCTIONAL RESOURCES OBJECTIVES PAGE 105.
INSTRUCTIONAL RESOURCES MAY INCLUDE TEXTBOOK, LIBRARY ACQUISITIONS, SUPPLEMENTARY RESOURCES FOR CLASSROOM USE, OR ANY OTHER INSTRUCTIONAL RESOURCES, INCLUDING ELECTRONIC RESOURCES USED FOR FORMAL OR INFORMAL TEACHING.
THAT'S JUST INSTRUCTIONAL RESOURCES.
THIS IS NOT LIBRARY STUFF IS NOT INSTRUCTIONAL.
DEFINITION FROM THE DICTIONARY FOR EXPLICIT MEANS FREE FROM ALL VAGUENESS AND AMBIGUITY.
NO BOARD POLICY PROVIDES PROVIDES A PARENT AN OPT OUT OF THEIR CHILD FOR ANY ACCESS TO SEXUALLY EXPLICIT MATERIAL FOR SUCH RESOURCES NOT PERMITTED TO MINORS.
DO YOU UNDERSTAND WHAT OPTING OUT WAS REQUIRING? THESE ARE ALL KINDS OF ACTIVITIES THAT PARENT HAS TO BE NOTIFIED.
IT'S ON THE WEBSITE. THEY GET IT IN THE MAIL AND EMAILS.
THERE'S NO OPTING OUT OF SOMETHING THAT'S NOT ALREADY FORBIDDEN TO MINORS.
SINCE SEXUALLY EXPLICIT ADULT THEMED RELEASES ARE PROHIBITED TO MINORS IN ANY FASHION OR FORM, NOR IS IT IN THE BOARD POLICY, THEN THERE WOULD NOT BE ANY SUCH RESOURCE ALLOWED AT ANY SCHOOL.
HOW CAN A PARENT NOT OPT OUT OF SOMETHING THEY DON'T EVEN KNOW THAT'S BEING ACCESSED BY THEIR CHILD, OR CAN BE ACCESSED? FURTHERMORE, THE APPEAL LEVEL TWO HEARING OFFICER USED A FALSE STATEMENT MADE BY THE DIRECTOR OF LIBRARY AND INFORMATION TECHNOLOGY THAT PARENTS CAN OPT THEIR CHILD OUT OF SEXUALLY EXPLICIT MATERIAL AN OBVIOUS FALSE STATEMENTS, SINCE NO SUCH OPT OUT EXISTING BOARD POLICIES AND COULD NOT SEND SEXUALLY EXPLICIT MATERIAL IS PROHIBITED TO MINORS.
THAT WOULD BE LIKE OPENING UP THE ADULT THEME STORE AND LETTING THEM PUT BOOKS ON OUR SHELVES.
I STOP. THANK YOU, MR. BLANKENSHIP. THE ADMINISTRATION MAY NOW PROCEED WITH ITS PRESENTATION.
THANK YOU, MR. BLANKENSHIP, FOR BEING HERE TODAY.
AND IN MR. BLANKENSHIP'S LIBRARY MATERIAL CHALLENGE.
IT IS IS FOLLOWING THE PRESCRIBED PROCESS WHEN THERE ARE CHALLENGED BOOKS AND THAT YOU'RE FOLLOWING ALL OF THE CHANGES IN THE EDUCATION CODE OVER THE LAST FEW YEARS DEALING WITH LIBRARY MATERIALS.
THAT'S WHAT THE GRIEVANCE SHOWS.
THAT'S WHAT THE LEVEL TWO DECISION SHOWS.
THERE IS NOTHING THAT SHOWS THAT THE BOARD ACT, OR THAT THE ADMINISTRATION ACTED ARBITRARILY OR CAPRICIOUSLY IN VIOLATION OF POLICY OR STATE OR FEDERAL LAW TO GRANT THEIR GRIEVANCE LEVEL TWO DECISION, WENT IN DETAIL, OVER THE PROCESS THAT THE ADMINISTRATION USED.
THEY GATHERED BECAUSE IT WAS AT TWO HIGH SCHOOLS AND YOU DIDN'T WANT DIFFERING OPINIONS.
THEY GATHER AT A DISTRICT INSTRUCTIONAL COMMITTEE COMPRISED OF EDUCATORS AND OTHER PEOPLE FROM THE COMMUNITY, AND THEY REVIEWED THIS GRAPHIC NOVEL, THE ONE GRAPHIC NOVEL THAT WAS BEING CHALLENGED.
AND THEY UNANIMOUSLY DECIDED THAT IT SHOULD STAY AT THE CAMPUS AT THE HIGH SCHOOL LEVEL ONLY.
MR. BLANKENSHIP IT'S REALLY NOT ABOUT THE PROCESS THAT WAS USED.
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HE JUST DISAGREES WITH THE OUTCOME.THE OUTCOME FOLLOWED BOARD POLICY AND STATE LAW, AND THERE WAS A UNANIMOUS DECISION THAT THE BOOK MET ALL OF THE CRITERIA IN ORDER FOR IT TO BE FOR THEM TO VOTE, TO MAINTAIN IT.
AND THEREFORE THE DISTRICT WOULD ASK YOU TO UPHOLD THE LEVEL TWO DECISION.
I DO WANT TO CLARIFY SOME OF THE THINGS THAT MR. BLANKENSHIP RAISED JUST SO YOU KNOW ABOUT THE MATERIAL.
HE. HE'S TALKING ABOUT THE DEFINITION OF HARMFUL MATERIAL.
AND THE DEFINITION OF HARMFUL MATERIAL IS VERY STRICT AND THIS BOOK DOES NOT MEET IT.
THE DEFINITION OF HARMFUL HARMFUL MATERIAL REQUIRES THREE THINGS, AND IT'S AN AND NOT AN OR.
AND THAT IS THAT IT APPEALS TO THE PRURIENT INTERESTS OF A MINOR IN SEX, NUDITY OR EXCRETION.
THAT IT IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE WITH RESPECT TO WHAT IS SUITABLE FOR MINORS, AND IS UTTERLY WITHOUT UTTERLY WITHOUT REDEEMING SOCIAL VALUE FOR MINORS, UTTERLY WITHOUT REDEEMING SOCIAL VALUE FOR MINORS.
THE EVIDENCE IN YOUR RECORD SHOWS THAT THIS IS AN AWARD WINNING GRAPHIC NOVEL THAT A NATIONAL BOOK AWARD FINALIST WHO SAYS THIS BOOK WILL SAVE LIVES.
THAT IT'S A DEFINING BOOK OF ADOLESCENCE.
AND THEY COMPARED THIS AUTHOR TO JUDY BLUME, WHO I GREW UP WITH AND WAS IN LIBRARIES ALL OVER THE COUNTRY IN THE 80S AND THE 90S AND THROUGH TODAY, AND SAID THAT THIS AUTHOR IS TO BOYS, WHAT JUDY BLUME WAS FOR GIRLS.
SO YOUR YOUR YOUR DISTRICT INSTRUCTIONAL COMMITTEE WAS COMPRISED.
THEY WENT THROUGH THAT PROCESS.
BUT AS WE'RE HERE TODAY, THERE'S NOTHING ARBITRARY OR CAPRICIOUS.
WELL THANK YOU. THE BOARD POLICIES AND THE TEXAS LAWS ARE ALREADY STATED, AND THERE IS NO CONFUSION.
THE RECONSIDERATION COMMITTEE THAT THE REPRESENTATIVE HERE FOR RISD STATED IT DID NOT REVIEW THE BOOKS IN REGARD TO BOARD POLICIES OR TEXAS LAWS.
IT DID NOT REQUIRE COMPLIANCE WITH THEM.
NONE. THEY DON'T EVEN KNOW THAT.
ALL THEY'RE LOOKING AT IS SOME PERVERT REVIEW THAT THEY STATED THE BOOK IS OKAY FOR MINORS.
YOU AND TEXAS LAW STATE THE BOOK IS NOT.
NOW YOU ARE THE TRUSTEES, AND YOU HAVE A DUTY AND RESPONSIBILITY TO MAKE APPROPRIATE POLICY AND BE IN COMPLIANCE WITH TEXAS LAWS.
I'VE TALKED ABOUT IT THEIR REGARDING THEIR DISREGARDING THE TEXAS LAWS AND BOARD POLICIES AND WANT YOU TO THINK, JUST FORGET THAT AND JUST GO WITH A GROUP ON A COMMITTEE THAT SAYS, WELL, WE FIND IT, OKAY.
REALLY? LET ME ASK YOU A QUESTION.
IF THERE WAS NO LAW OR POLICY, WHAT DECISION WOULD YOU MAKE AS TRUSTEES? DON'T LOOK AT ANY PERSON IN THIS ROOM EXCEPT YOURSELF.
YOU ARE THE TRUSTEES AND IT IS UP TO YOU TO MAKE A DECISION.
NO ONE ELSE, NO ONE ELSE, JUST THE SIX OF YOU HAVE TO GO INTO A ROOM.
ARE YOU GOING TO ALLOW THESE BOOKS JUST THE ONE, FOR INSTANCE, TO BE ACCEPTABLE FOR YOUR KIDS? YOU WITHOUT YOUR KNOWLEDGE? OR YOUR GRANDKIDS.
THEY'VE HAD IN THE LIBRARY AND JUST ALLOW IT THERE FOR THE KIDS TO GO AHEAD AND READ.
HERE'S SOME OF THIS HERE THAT THE COMMITTEE SHE JUST TALKED ABOUT.
THAT'S THE REMAINDER OF YOUR TWO MINUTES.
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BOARD, DO YOU HAVE ANY QUESTIONS FOR EITHER PARTY? MISS MCGOWAN? YES. THANK YOU FOR YOUR BOTH OF YOU GUYS.CAN YOU MISS LONG, CAN YOU REPEAT THOSE TWO? THE THREE THINGS THAT YOU SAID, I THINK ARE THE REQUIREMENTS, THE DEFINITION OF HARMFUL MATERIAL, WHICH BOTH MR. BLANKENSHIP AND I READ IS ONE, THAT IT APPEALS TO THE PRURIENT INTERESTS OF A MINOR IN SEX, NUDITY OR EXCRETION. TWO IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE W ITH RESPECT TO WHAT IS SUITABLE FOR MINORS AND IS UTTERLY WITHOUT REDEEMING SOCIAL VALUE FOR MINORS.
THANK YOU. CAN I JUST ONE MORE QUESTION? SURE, ABSOLUTELY. OUR COMMITTEE THAT REVIEWS THE BOOK DO ARE THEY GIVEN THOSE THREE ITEMS AS WELL TO REFERENCE? THEY MUST DETERMINE WHETHER SO THEY MUST DETERMINE WHETHER THE CHALLENGED RESOURCE CONFORMS TO THE PRINCIPLES OF SELECTION.
AND THAT ACTUALLY IS NOT THOSE SPECIFIC, BUT IT FALLS INTO THE THIRD AREA UTTERLY, BECAUSE THEY HAVE TO SHOW THAT THE POLICY SETS FORTH PRINCIPLES, SUPPORT, AND ARE CONSISTENT WITH THE GENERAL EDUCATIONAL GOALS OF THE STATE.
MEET HIGH STANDARDS FOR ARTISTIC QUALITY AND OR LITERARY STYLE.
AUTHENTICITY, EDUCATIONAL SIGNIFICANCE, FACTUAL CONTENT, PHYSICAL FORMAT, PRESENTATION, READABILITY, AND TECHNICAL QUALITY ARE APPROPRIATE FOR THE SUBJECT AREA AND FOR THE AGE, ABILITY, LEVEL LEARNING STYLES, AND SOCIAL AND EMOTIONAL DEVELOPMENT OF THE STUDENTS FOR WHOM THEY ARE SELECTED.
ARE DESIGNED TO HELP STUDENTS GAIN AN AWARENESS OF OUR PLURALISTIC SOCIETY.
ARE DESIGNED TO PROVIDE INFORMATION THAT WILL MOTIVATE STUDENTS AND AND STAFF TO EXAMINE THEIR OWN ATTITUDES AND BEHAVIOR TO UNDERSTAND THEIR DUTIES, RESPONSIBILITIES, RIGHTS AND PRIVILEGES AS CITIZENS PARTICIPATING IN OUR SOCIETY AND TO MAKE INFORMED CHOICES IN THEIR DAILY LIVES.
REFLECT THE INTEREST AND NEEDS OF THE STUDENT AND FACULTY ARE INCLUDED BECAUSE OF THEIR LITERARY OR ARTISTIC VALUE AND MERIT, AND PRESENT INFORMATION WITH THE GREATEST DEGREE, DEGREE OF ACCURACY AND CLARITY.
COMPLY WITH CRITERIA FOR INSTRUCTIONAL MATERIAL DEALING WITH HIV, AIDS, AND SEXUALITY EDUCATION.
THEY'RE ALSO THE FORMS THAT THEY RECEIVE ARE.
THEY HAVE TO LOOK AT ADDITIONAL CRITERIA JUST TO LET YOU KNOW THAT THAT'S IN YOUR BOARD POLICY.
BUT IN WHEN THEY ACTUALLY MEET, THEY GO THROUGH ADDITIONAL CRITERIA.
I'M SORRY, LET ME FIND THEIR SHEET SO YOU KNOW EXACTLY WHAT THEY CHECKED OFF.
BECAUSE THERE'S AN INSTRUCTIONAL IN ADDITION TO YOUR POLICY, THERE IS AN INSTRUCTIONAL MATERIAL SOURCE KIND OF GUIDEBOOK THAT HELPS THEM REVIEW EVERYTHING. AND SO THEN THE COMMITTEE REPORT IS THEY LOOK AT DOES THE RESOURCE PROMOTE THE EDUCATIONAL GOALS AND OBJECTIVES OF THE CURRICULUM OF RICHARDSON ISD? IS IT APPROPRIATE TO THE LEVEL OF INSTRUCTION INTENDED? ARE THE ILLUSTRATIONS APPROPRIATE TO THE SUBJECT AND AGE LEVEL? IS THE MATERIAL UP TO DATE AND CURRENT? ARE TRANSLATIONS AND RETELLINGS FAITHFUL TO THE ORIGINAL? IS THE AUTHOR OR PRESENTER COMPETENT AND QUALIFIED IN THE FIELD? WHAT IS THE REPUTATION AND SIGNIFICANCE OF THE AUTHOR OR PUBLISHER/ PRODUCER IN THE FIELD? IS THE CONTENT OF THIS MATERIAL OR RESOURCES WELL PRESENTED TO PROVIDING ADEQUATE SCOPE, RANGE, DEPTH AND CONTINUITY? DOES IT PRESENT INFORMATION NOT OTHERWISE AVAILABLE? AND THEN THEY DOES IT GIVE NEW OR DIFFERENT DIMENSION OR DIRECTION TO ITS SUBJECTS WHEN COMPARED WITH OTHERS AVAILABLE? AND FOR WITH RESPECT TO EVERY SINGLE ONE OF THOSE QUESTIONS, YOUR INSTRUCTIONAL COMMITTEE ANSWERED YES.
AND THEN THE THEN THERE'S A REVIEW AND EVALUATION OF THE OF THE SOURCE, WITH ADDITIONAL COMMENTS AND RECOMMENDATIONS BY THE RECONSIDERATION MEETING FOR THE TREATMENT OF THE CHALLENGED RESOURCES.
ANY ADDITIONAL QUESTIONS BOARD? MISS PACHECO.
YES. I HAVE A QUESTION ON LIBRARY RESOURCES IN THE OPT OUT SYSTEM.
DO WE HAVE, IS THERE A LIST OF BOOKS THAT ARE MAINLY REQUESTED TO BE OPT OUT? DO PARENTS JUST GO AND ASK WHAT TO OPT OUT FOR? AND ARE ALL BOOKS IN THE LIBRARY AVAILABLE TO BE OPT OUT? BECAUSE I'M ASSUMING THAT WHAT ONE PARENT FINDS OFFENSIVE, ANOTHER PARENT MAY NOT.
[00:35:01]
OR, YOU KNOW, THERE MAY BE A BOOK THAT I DISAGREE WITH AND NOBODY ELSE DOES.AND I CAN JUST CHECK THAT FOR MY STUDENT.
IS THAT AN OPPORTUNITY IN OUR.
YES. SO PARENTS HAVE AN OPPORTUNITY.
WE HAVE DIFFERENT OPTIONS ON OUR WEBSITE STATED OF THINGS THEY CAN DO.
THEY CAN ACCESS THEIR STUDENTS ACCOUNT TO CHECK WHICH BOOKS THEY HAVE CHECKED OUT, AND IF THERE'S ANYTHING THAT THEY DON'T AGREE WITH, THEY CAN ALWAYS RETURN THE BOOK AND ASK TO SELECT ANOTHER.
WE ALSO HAVE A VIDEO SHOWING HOW TO PLACE BOOKS ON HOLD.
THEY CAN OPT OUT COMPLETELY OF GOING TO THE LIBRARY.
AND THEN THEY CAN JUST OPT OUT OF SPECIFIC TITLES.
WE DO NOT PROVIDE ANY LISTS, BUT WE I KNOW JUST LOOKING AT THE OPT OUT RESPONSES THAT ONES LIKE PARENTS CAN HAVE SHARED LISTS THAT THEY HAVE FOUND.
SO THEY, WE'VE GOTTEN THE SAME MATERIALS BEING OPTED OUT.
ANY ADDITIONAL QUESTIONS FROM THE BOARD? MISS MCGOWAN. JUST ONE MORE AND FOR THE LIBRARY SERVICES.
AND YOU MAY HAVE ALREADY TOLD US THIS BEFORE IN THE PAST.
I APOLOGIZE IF THIS IS A REPEAT.
DO WE HAVE A RATING SYSTEM FOR OUR BOOKS? LIKE IF PARENTS DON'T KNOW CERTAIN TITLES TO SEARCH FOR OR YOU KNOW BECAUSE THEY JUST DON'T KNOW WHAT THEIR KIDS ARE LOOKING AT, CAN THEY LOOK AT LOOK FOR BOOKS OR SEARCH FOR BOOKS LIKE PER RATING, LIKE RATED R OR PG 13 OR? NO, BOOKS ARE NOT RATED.
THEY COME WITH SUBJECT TAGS, THESE TAGS ARE PROVIDED BY THE LIBRARY OF CONGRESS.
SO THE RECORD WHEN WE RECEIVE THE BOOK FROM THE VENDORS, THEY COME WITH THOSE TAGS.
SO IT'S A WAY THAT THEY CAN ALSO SEARCH THE CATALOG.
SO NOT ONLY THE TITLE OR THE AUTHOR, BUT BY SUBJECT OR TAG.
ANY ADDITIONAL QUESTIONS? ALL RIGHT. THANK YOU BOARD.
THANK YOU EVERYONE FOR ASKING GREAT QUESTIONS.
THE LEVEL THREE GRIEVANCE PRESENTATIONS ARE NOW CONCLUDED.
I WILL INSTRUCT THE BOARD MEMBERS REGARDING THE PROPER PROCESS OF REACHING A DECISION IN THIS CASE.
NOW THAT THE BOARD HAS HAD HAS HEARD THE APPEAL, THE BOARD HAS AT LEAST TWO OPTIONS, INCLUDING BUT NOT LIMITED TO, ONE THE BOARD MAY VOTE TO GRANT THE GRIEVANCE, WHICH MEANS THAT WE HAVE DETERMINED THAT MR. BLANKENSHIP SHOULD BE GRANTED THE RELIEF REQUESTED IN HIS GRIEVANCE.
TWO OR THE BOARD MAY VOTE TO DENY THE GRIEVANCE, WHICH MEANS THAT WE HAVE DETERMINED THAT MR. BLANKENSHIP IS NOT ENTITLED TO THE RELIEF REQUESTED.
THROUGHOUT HIS DECISION MAKING PROCESS.
THE BOARD SHALL ONLY CONSIDER THE GRIEVANCE PRESENTATION AND THE ADMINISTRATIVE RESPONSE PRESENTED THIS AFTERNOON AT THIS MEETING, AS WELL AS THE DOCUMENTS IN THE RECORD.
NO DECISIONS OR DELIBERATION WILL BE MADE DURING THE CONSULTATION.
THE GRIEVANT AND ADMINISTRATION MAY REMAIN IN THIS CONFERENCE ROOM.
[IV. RECONVENE in Open Meeting]
WE HAVE RETURNED FROM CLOSED SESSION AND ARE RECONVENING INTO OPEN SESSION AT 4:05 P.M..NO ACTION WAS TAKEN IN CLOSED SESSION.
BOARD ARE THERE ANY ADDITIONAL QUESTIONS FOR THE GRIEVANT OR ADMINISTRATION? THANK YOU. IS THERE A MOTION REGARDING THE GRIEVANCE?
[IV.A. Consider and Take Possible Action Regarding the Administration's Recommendation on the Appeal from Randy Blankenship]
YES. MS. HARRIS I HAVE A MOTION.BASED ON THE INFORMATION THAT WAS PROVIDED US IN THIS LEVEL THREE HEARING FROM BOTH PARTIES I MOVE THAT THE BOARD DENY MR. BLANKENSHIP'S GRIEVANCE.
WE DO NOT FIND EVIDENCE THAT THE POLICY OR PROCESS WAS VIOLATED.
THANK YOU, MISS POTEET. IS THERE A SECOND? SECOND. THANK YOU, MISS PACHECO.
THERE IS A MOTION BY MR. POTEET, A SECOND BY MISS PACHECO.
ARE THERE ANY QUESTIONS OR COMMENTS? HEARING NONE. ALL IN FAVOR, PLEASE RAISE YOUR HANDS REAL HIGH.
[00:40:03]
RIGHT. MOTION PASSES SIX ZERO.THIS ACTION WILL SERVE AS MR. BLANKENSHIP'S NOTICE OF THE BOARD'S DECISION.
THANK YOU VERY MUCH TO ALL PARTIES WHO JOINED US TODAY.
* This transcript was compiled from uncorrected Closed Captioning.