Uniforms Part II

Dysart Governing Board Policy BBA, Board Powers and Responsibilities starts off with, "The Board shall act as the general agent of the state of Arizona in carrying out the will of the people of this District in the matter of public education." On August 11, 2007 during the Governing Board workshop, Charles Otterman said, "The policy says academics and safety. It doesn’t say what parents wish." Furthermore, Charles Otterman is on record during the September 12 Governing Board meeting as stating that he wasn't aware this was Board Policy and secondly, that he does not care about the will of the people (exact quotes to appear shortly). Consider this. Up until August 14, when uniforms were still required, the will of the people went out, they purchased uniforms and they sent their children to school without any questions or complaints, except for one lone individual who sent an email to Dysart.

On August 11, the Charles Otterman said, "I like the policy. I personally like what we have so I would say leave that, that it’s a dress code policy. Just start enforcing it so the people that want to change it, they can start telling us." Also, on September 12, Charles Otterman, Bridget Otterman and Christine Pritchard made it know that they are not in favor of uniforms. They also made it known, by vote, that they do not want the parents of this community to decide if uniforms should or should not be mandatory. Could it be that they believe that a majority of parents do in fact want uniforms and if they allow it to go to a public survey, their own personal agenda's will be lost? In addition, Charles Otterman said that people who want to change it can start telling us. Apparently Mr. Otterman truly doesn't care what the parents have to say. As long as parents tell him they don't want uniforms, he feels vindicated. Any said to the contrary are, in his own words, "antidotal stories".

Also on August 11, Mr. Otterman said "I authored a Board policy that would give the schools the power. It was voted down and I’m going to bring that back because I do believe the schools, each individual school, should have a decision through collaboration. So I’m going to bring that back. I think it’s a worthy conversation." Yet, Mr. Otterman has no intention of ever placing an item on an agenda to address this issue.

Continuing with Governing Board Policy BBA, we find that is also states "It is the policy of the Board to retain and exercise full legislative authority and control over the schools by adopting general policies or by acting directly in matters not covered by its policies." It sure sounds like the uniform issue is a matter not covered by Board policy and according to policy BBA, the Governing Board has the authority to act on uniforms directly. So why were you afraid or unwilling to do so? Again, could a majority of this community actually be in favor of uniforms, but members of the Governing Board don't want to gather the data to prove it? Could it be, and this is just speculation, that by putting the responsibility of uniforms on the superintendent, a non-elected administrator bound by contract, some members of Board could protect themselves from the voting public?

Keep in mind that sometimes, Dysart leaders will use the excuse that the uniform policy was illegal. In fact, Charles Otterman said on August 11, "We’re not in compliance with Board policy. We could be sued. All kind of things could happen because any parent might want to sue." However, the Governing Boards own attorney said there was nothing illegal about the policy or the practice. Even Superintendent Dr. Pletnick cited Arizona Revised Statue 15-342 subsection A number 22 which states "A governing board may require uniforms." However, what no one wants to mention is Arizona Revised Statue 15-341, subsection E which states that "a school district, its governing board members, its school council members and its employees are immune from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to subsection A of this section and section 15-342." Immune from civil liability for the adoption and implementation of uniforms.

Dysart Leaders will also cite the requirements of a uniform opt-out policy and financial assistance. However, there is nothing in law that says such things are required. On August 11 and August 22, Dysart Leaders talked about recommendations from the Arizona School Board Association, the National School Board Association as well as recommendations from the U.S. Department of Education in regards to a uniform policy, opt-out provisions and financial assistance. Yet, some members of the Governing Board want the community to believe that the Board must follow these recommendations. The question they won't answer is, will recommendations hold up in court or will law hold up in court should the school district be sued?

There are a few other Governing Board Policies that appear to be ignored:

• Policy BA: The Governing Board is responsible to the people of the District.
• Policy BBA: To work harmoniously with other Board members without neglecting a proper share of the work or trying to dominate the Board.
• Policy BCA: Recognize that decisions should be made only after discussion at publicly held Board meetings.
• Policy BBBC: Any Board member who desires to resign from the Governing Board shall send a letter of resignation to the office of the County School Superintendent.

Through comments made on August 11, August 22 and September 12 by members of the Governing Board, they continue to change their story as to the real reason uniforms were eliminated. As they consistently tell this community, it's all about data. Yet, the Governing Board can't seem to prove their own data as being factual.

Read Uniforms Part III.