Special Meeting
May 8, 2007
5:31 P.M.
A Special Meeting of the Kearny Board of Education was held in the Board Room, 100 Davis Avenue, on the evening of the above date.
President Mc Donald called the meeting to order and announced that in accordance with Chapter 231, Laws of 1975, Open Public Meetings Act, notice of the meeting was provided to the Observer and the Jersey Journal. Notice of the meeting was posted on the bulletin board in the lobby of the Board Office and filed with the Acting Town Clerk by letter dated May 7, 2007.
ROLL CALL
On roll call, the following members were present: Mr. Castelli, Mrs. Marks, Mrs. Santos, Mr. Sgalia, Mr. Weber, Mrs. Mc Keown, President Mc Donald.
Mr. Robert P. Mooney, Superintendent of Schools, and Kenneth J. Lindenfelser, Esq., Board Attorney, were also present.
BOARD MEMBERS ABSENT
Mr. Doffont and Mrs. Schalago were unable to attend the meeting.
ASSISTANT SUPERINTENDENT, BUSINESS ADMINISTRATOR ABSENT
Dr. Kiss and Mrs. Yeamans were unable to attend the meeting.
PLEDGE OF ALLEGIANCE
Mrs. Mc Donald led the assembly in the Pledge of Allegiance to the Flag.
PURPOSE OF THE MEETING
The purpose of the Special Meeting is the Closed Session discussion of a pending legal matter, with any necessary action to take place immediately thereafter in Open Session.
MOTION RE: CLOSED SESSION
The following resolution was offered by Mrs. Mc Keown, who moved its adoption:
Resolved: by the Board of Education of the Town of Kearny, in the County of Hudson, that in accordance with Chapter 231, Laws of 1975, Open Public Meetings Act, the Board will enter into Closed Session at this time to discuss District personnel matters.
When the matters under consideration and discussion have been completed, any action will be disclosed to the public.
Seconded by Mrs. Santos.
On roll call, the following vote was recorded: Mr. Castelli, “aye”, Mrs. Marks, “aye”, Mrs. Santos, “aye”, Mr. Sgalia, "aye", Mr. Weber, “aye”, Mrs. Mc Keown, “aye”, President Mc Donald, “aye”.
There being seven votes in the affirmative, the motion was carried.
BOARD ENTERS CLOSED SESSION
The Board entered into Closed Session at 5:33 P.M.
BOARD RETURNS TO OPEN SESSION
The Board returned to Open Session at 6:30 P.M.
ROLL CALL
On roll call, the following members were present: Mr. Castelli, Mrs. Marks, Mrs. Santos, Mr. Sgalia, Mr. Weber, Mrs. Mc Keown, President Mc Donald.
BOARD ATTORNEY SPEAKS
Mr. Lindenfelser highlighted the major provisions of the proposed settlement agreement between the Board of Education and Paul and Debra La Clair on behalf of their son, Matthew, and read into the record the following statements contained within the settlement:
Statement issued by Kearny Board of Education:
“The Board wishes to publicly express their appreciation to Matthew La Clair for his efforts in bringing to the School Board’s attention a serious situation in the Kearny schools regarding the Constitutional mandate of Separation of Church and State. Because of Matthew’s exemplary actions in standing up for his Constitutional rights and the integrity of education, often at the cost of his own popularity in the community and the school, the Board was able to take action to correct this situation and improve the educational environment for all students. The Board commends Matthew La Clair for his courage and integrity in taking the responsibilities of citizenship seriously and acting accordingly. We thank him for calling attention to this important issue. The Board reaffirms our commitment to the core academic curriculum standards relating to the Big Bang and evolutionary theory.”
Statement to be issued by the La Clairs:
“We applaud the board’s actions today in moving forward on its commitment to providing Kearny’s young people a first-class education on a broad range of subjects, including science and the law. We appreciate the Board’s willingness to meet with us to resolve this matter. This has been a difficult situation for everyone involved and we commend the Board for committing to conduct student and teacher training on constitutional principles and affirming its commitment to the separation of Church and State and the teaching of science in the classroom. We further appreciate the board’s efforts in abating objectionable religious content in the classroom. We are also pleased that the Board has committed to adopting a Complaint Policy which will allow students to address their concerns. We recognize that the Board must be mindful of the interests and well being of all members of its school community, and we understand and acknowledge that the Board’s Policy on Recording Devices seeks to address the privacy concerns of students. Life is a learning process, and we welcome the opportunity to move forward together for the good of all concerned.”
The following resolution was moved by Mrs. Santos and seconded by Mrs. Marks:
APPROVAL OF SETTLEMENT BETWEEN THE KEARNY BOARD OF EDUCATION AND PAUL AND DEBRA LA CLAIR ON BEHALF OF THEIR SON, MATTHEW
The Kearny Board of Education hereby approves the legal settlement between the Board and Paul and Debra La Clair on behalf of their son, Matthew.
On roll call, the following vote was recorded: Mr. Castelli, “no”, Mrs. Marks, “aye”, Mrs. Santos, “aye”, Mr. Sgalia, “aye”, Mr. Weber, “aye”, Mrs. Mc Keown, “aye”, President Mc Donald, “aye”.
There being six votes in the affirmative and one vote in the negative, the motion was carried.
MOTION RE: ADJOURNMENT
It was moved by Mrs. Mc Keown, seconded by Mrs. Marks and unanimously carried by acclamation to adjourn the meeting.
MEETING ADJOURNED
The meeting was adjourned at 6:37 P.M.
Respectfully submitted,
Board Secretary