Second meeting scheduled for Polson schools decision

By Ethan Smith

Leader Staff

A second public meeting on the possible reconfiguration of Polson's elementary schools is scheduled for July 12, after negotiations between the district and parents frustrated with the idea broke down Tuesday.

About a dozen parents took legal action against the district earlier this month, putting a halt to any plans to reconfigure Cherry Valley and Linderman elementary schools, but the entire discussion and public comment period will take place again in two weeks, and could allow the district to proceed as originally planned.

The parents filed an injunction June 6, halting the transition process, claiming that there was not sufficient public notice for a May 29 public meeting in which board members voted unanimously to establish Cherry Valley as a kindergarten and first grade school, with the rest of the grades being handled at Linderman.

Mike Meloy, attorney for the parents, and Elizabeth Kaleva, an attorney for the district, had attempted to settle the legal issues involved, after Missoula district court judge Douglas Harkin ordered both sides to try to reach an agreement. Harkin was given the case after district judge C.B. McNeil recused himself prior to a public hearing on the case.

The two side have been negotiating for a week, but could not come to a firm agreement, and the issue will be discussed again July 12, most likely at a 6 p.m. meeting at the Linderman Gym, although the time has not been finalized.

tiating for a week, but could not come to a firm agreement, and the issue will be discussed again July 12, most likely at a 6 p.m. meeting at the Linderman Gym, although the time has not been finalized.

Kaleva said they almost reached an agreement, but that talks broke down when the parents asked that each board member speak at the July 12 meeting — something she said she can't force board members to do, and was therefore unable to agree to.

"We agreed to everything else, but we can't force public officials to speak at a public meeting. If they all want to say something, that's fine, but I can't enter into an agreement forcing them to do that," she said.

Part of the problem, Kaleva said, is that board members are not individually named in the legal documents, and therefore she can't negotiate settlement terms on their behalf.

The documents filed earlier this month list the school district and school board, and superintendent Sue McCormick, but not individual board members by name.

"The ideal outcome would have been a resolution to dismiss the lawsuit and make both sides happy, but that didn't happen," board chair Theresa Taylor said. "I thought we had a settlement close to being finalized, but I got a message [Tuesday] afternoon that talks had broken down."

And with that, the entire May 29 meeting will most likely be replayed on July 12. At the heart of the matter is Montana's open meeting laws, which the parents felt weren't adhered to properly.

Polson board members acknowledged that the idea of reconfiguring the two schools first came up at a May 23 "board dialogue" which, although open to the public, is generally an informal work session. Board members acknowledged that reconfiguration was not listed as a specific topic during that meeting, but said it came up during discussions about financing all-day kindergarten.

The state Office of Public Instruction set a June 1 date for districts to make a decision on that, and the district sent elementary students home with a letter on Friday, May 25 saying reconfiguration would be the topic at a meeting on the 29th — the day after Memorial Day.

Many parents didn't feel that was sufficient notice, especially coming on the heels of a holiday weekend. However, according to Kaleva and Taylor, Montana's open meeting laws stipulate only a 48-hour notice, which doesn't have to include business days.

"Notice of the meeting was posted on a Friday, and the meeting was held Tuesday. We also had notice of the meeting posted in all the school buildings, and on the radio," Taylor said.

Regardless, parents will again have another chance to weigh in on the issue. The July 12 meeting will have only one agenda item — school reconfiguration.

The idea of reconfiguring the schools was met with a lot of opposition May 29, mainly by Cherry Valley parents, who like the combined first and second grade "primary" classroom environment. But parents from both schools said the idea would cause a lot of inconvenience, requiring families to drop students off at separate schools, split siblings up, and disrupt the relationships built in each school.

The 15 parents who hired Meloy are Cesar Hernandez, Rosemary Hickey, Heather Davies, Julie Berry, Brandy and Robin Hedges, Cindy Olson, Steven Alexander, Greg and Jennifer Hobbs, Ivy McGowan and Dustin McGowan, Stephanie West, Jeanne West, and Dustin Troy Castleberry.

Whether the outcome will be any different remains to be seen.

Meanwhile, all Linderman and Cherry Valley teachers and administrators have had to put any reconfiguration plans on hold.

Should the Polson board vote to make the same decision again, there will be seven weeks left before the start of school in which the district will have to move teachers, adjust classroom settings, and build an all-day kindergarten curriculum — something it currently doesn't have.