Fwd: Repeated request for missing SCC information, Nov 7 2011

[Greg Clark]

---------- Forwarded message ----------
From: Gregory Clark <greg.a....@gmail.com>
Date: Wed, Nov 9, 2011 at 6:49 AM
Subject: Re: Repeated request for missing SCC information, Nov 7 2011
To: "Parley B. Jacobs" <Parley...@slcschools.org>
Cc: Amanda Thorderson <Amanda.T...@slcschools.org>, Alama Uluave
<Alama....@slcschools.org>, Doug Nelson <do...@mdxperts.com>,
Rosemary Emery <rosemar...@gmail.com>, Heather Bennett
<heather...@xmission.com>, Laurel Young
<Laurel...@slcschools.org>, Kristi Swett
<Kristi...@slcschools.org>, McKell Withers
<McKell....@slcschools.org>, "Steven L. Asay" <soa...@ldsbc.edu>,
Susan Raymond <Susan....@slcschools.org>, Ken Devries
<Ken.D...@slcschools.org>, MaryMargaret Williams
<MaryMargar...@slcschools.org>, Rick Jaramillo
<Rick.Ja...@slcschools.org>, Robert Steele
<Robert...@slcschools.org>



9 November 8, 2011



Principal Parley Jacobs,



Thank you for your reply. Unfortunately, your reply fails to address
the central points involved regarding the missing SCC information.
Instead, your reply provides further evidence of the failures of the
West High Administration per se to provide SCC materials in keeping
with the Utah Administrative Code.



Again, to be very specific and explicit:



1) Please post the missing SCC minutes and agendas for the
2011-2012 school year on the West High website, as per Utah
Administrative Code.



West High administration has repeatedly failed to provide the postings
of SCC information, even for those cases for which the information
exists. Most of the 2011-2012 SCC information remains missing on the
West High website. And most or all of what SCC information has been
posted, as sparse as it is, was not posted in the time frame specified
by the Utah Administrative Code.



2) Please inform me how I can obtain the audio tapes for the past
SCC meetings for the present 2011-2012 school year, including the
August, September, and October meetings, with the August meeting being
particularly important.



I attended the August meeting, and the SCC chair announced that the
meeting was being taped. As you know, the August meeting has
relevance to an ongoing grievance process involving West High. The
continuing failure to provide this tape acts as a potential
obstruction to this process.



3) Please post the SCC contact information, as you had indicated
in writing (September 13) that you would do.



Unfortunately, you have not done so. Your e-mail of yesterday did not
even address this point.



I urge you once again to take the appropriate actions to resolve these
deficiencies.



====

My further responses are interdigitated with your remarks, below.



On Tue, Nov 8, 2011 at 9:35 AM, Parley B. Jacobs
<Parley...@slcschools.org> wrote:

Dear Mr. Clark – Thank you for your reminder. As I mentioned
previously, we have copies of the 2010-11 minutes for your inspection.
We can make copies for you if you’d like. We have 2010-11 minutes
through the SCC March meeting on file. We have asked our former SCC
chair to send the remainder. We will remind him, again, to send them.

---

GC reply: In other words, West High Administration has many of the
2010-2011SCC records on file, but nonetheless has never posted them on
its website, in apparent violation of the Utah Administrative Code.
In fact, instead of posting the missing information as I had
requested, West High Administration willfully deleted what little SCC
information for 2010-2011 year had been posted. The failure of West
High Administration to post SCC information, even when it has that
information, is clearly a long-standing problem.

====

PJ: We have the October 2011 minutes and we just met for November.

GC reply: Your response here does not address the issue of the other
missing information for the earlier SCC meetings of the 2011-2012
school year, which I indicated as being particularly important. The
missing items were explicitly enumerated in my previous email. Please
post the missing materials on the West High website, in keeping with
the Utah Administrative Code.

====

PJ: The November meeting was audio taped. We will have the tape
available for you to listen here at school for you shortly.

GC reply: Your response does not address the issue of the missing
audio tapes for the earlier 2011-2012 SCC meetings, which I had
indicated as being particularly important (see also above). As noted
above, Seven Asay, SCC Chair, announced at the beginning of the August
meeting, for example, that the meeting was being taped. Again, please
inform me where and how I may find and access the audio tapes for
these specific SCC meetings.

===

PJ: We will check with our current chairperson to make our SCC records
current.

GC: As you know, Mr. Asay is well aware of the failures to provide the
SCC information. He has been asked for this information directly, and
he has been included in this increasingly long series of emails,
unfortunately with little effect. His previously proposed explanation
of technical difficulties cannot credibly explain the repeated
persistent failures to provide this set of information in a timely
manner. There is strong evidentiary information indicating that much
of the requested missing information exists, but is not being made
appropriately available. I have informed you of this situation
multiple times over a period of months. You have failed to resolve
the problem. I urge you to do so promptly.

Thank you.

Gregory A. Clark

End of GC interdigitated replies.

===

Thank you. Parley Jacobs.



On Tue, Nov 8, 2011 at 9:35 AM, Parley B. Jacobs
<Parley...@slcschools.org> wrote:




Dear Mr. Clark – Thank you for your reminder. As I mentioned
previously, we have copies of the 2010-11 minutes for your
inspection. We can make copies for you if you’d like. We have
2010-11 minutes through the SCC March meeting on file. We have asked
our former SCC chair to send the remainder. We will remind him,
again, to send them. We have the October 2011 minutes and we just met
for November. The November meeting was audio taped. We will have the
tape available for you to listen here at school for you shortly. We
will check with our current chairperson to make our SCC records
current. Thank you. Parley Jacobs.



From: Gregory Clark [mailto:greg.a....@gmail.com]
Sent: Monday, November 07, 2011 6:28 PM
To: Parley B. Jacobs
Subject: Fwd: Repeated request for missing SCC information, Nov 7
2011








Principal Jacobs,


I am resending the message below to you at this different email
address.





Thank you.


Greg Clark





---------- Forwarded message ----------
From: Gregory Clark <greg.a....@gmail.com>
Date: Mon, Nov 7, 2011 at 4:54 PM
Subject: Repeated request for missing SCC information, Nov 7 2011
To: Parley...@slc.k12.ut.us
Cc: amanda.t...@slcschools.org, alama....@slcschools.org,
do...@mdxperts.com, rosemar...@gmail.com,
heather...@xmission.com, laurel...@slcschools.org,
kristi...@slcschools.org, mckell....@slcschools.org,
as...@katewwdb.com, west-parents...@googlegroups.com



7 November 2011

Principal Parley Jacobs,

Firstly, I am writing to request again that you, as Principal of West
High School, provide the missing West High School Community Council
(SCC) materials enumerated and requested below, in keeping with the
Utah Administrative Code.

Secondly, I am also writing to communicate a formal complaint
regarding your repeated and persistent refusal to provide the required
SCC information, despite repeated previous requests. West High's
repeated failures are in apparent violation of the Utah Administrative
Code. Further, its reporting of SCC information does not meet the
standards routinely met by the SCCs of other Salt Lake City schools.

Specifics are given below.

================

As described previously (9/13/2011; appended), the appropriate public
distribution of the SCC information is the responsibility of the SCC
chair, presently Mr. Steven Asay, and the West High administration, as
specified in the Utah Administrative Code. These responsibilities
routinely are not being met.

As previously communicated to you, my attempts to obtain SCC
information from the present SCC Chair Mr. Asay were also
unsuccessful.

The repeated failures of the West High Administration and SCC to
provide information are particularly problematic given the ongoing
appeals/grievance procedures underway. The topics addressed in the
SCC meeting for which information remains unavailable are directly
relevant to this appeals/grievance process.

I urge you again to provide the missing and requested SCC information
promptly, especially for the 2011-2012 year. The missing and
requested information is enumerated below.

I. Agenda and Minutes for 2011-2012 SCC meetings

The Utah administrative code specifies that "(7) Posting the school
community council meeting information (time, place and date of
meeting; meeting agenda and previous meeting minutes) on the school's
website at least one week prior to each meeting."

Repeatedly, this has not occurred.

As indicated the attached screen capture, as of November 3, less than
one week before tonight's SCC meeting, all the information for this
academic year's SCC meetings with the exception of the agenda for the
10-10-2011 meeting (indicated in red) was still unavailable on the
West High website, in apparent violation of the Utah Administrative
Code. The missing items of information included the following.

1) the agenda for the 8/29/2011 meeting (still missing)

2) the minutes for the 8/29/2011 meeting (still missing)

3) the agenda for the 9/12/2011 meeting (still missing)

4) the minutes for the 9/12/2011 meeting(still missing)

5) the minutes for the 10/11/2011 meeting (since posted)

6) the agenda for the 11/07/2011 meeting (since posted)

Please post the missing information on the West High site, in keeping
with the requirements of the Utah Administrative Code.

Other Salt Lake City High Schools routinely post this SCC information
on their websites.

I remind you that by its own definition Whipsnet is not a public
website, and of course is not the West High website.

II. Audio tapes for 2011-2012 SCC meetings



I am also requesting yet again information as to how I may access the
audio tapes for the 2011-2012 SCC meetings. Despite repeated
requests, and the period of several months since my original request,
these tapes have not been made available.



The tape for the 8/29/2011 SCC meeting is of particular interest,
given its importance to the ongoing grievance process.



III. SCC member contact information

I am also requesting yet again the contact information for the present
SCC membership. Despite explicit assurances from you (Sep 13 e-mail)
and the extensive passage of time, this information has still not been
provided to me, and is not posted on the West High website.

I remind you that in your email of September 15 to me, you
communicated: "Just collected email addresses of current SCC members
at our last meeting. Will get those posted just as quick as we can."

That posting has not occurred on the West High SCC website, despite
the fact that the information has been available for nearly two
months.

Other Salt Lake City High Schools routinely post SCC contact
information on their websites.

IV. 2010-2011 SCC information

The failure of the West High Administration to provide SCC information
is a long-standing problem.

I previously wrote to you asking you to post SCC information for the
2010-2011 school year. As of a few months ago, the West High website
contained no Minutes for any SCC meeting for the 2010-11 school year
after 9/13/2010. That is, the Minutes for almost the entire school
year were missing.

Unfortunately, instead of your respecting this request for
information, West High deleted what little SCC information had been
posted on the West web site regarding the 2010-2011 year, and that
information is now not available there.

As you know, you have been Principal of West High throughout this
period, but have not taken the appropriate steps to correct this long-
standing problem.

-----

In closing, I urge you again to provide the requested missing SCC
information promptly, especially for the 2011-2012 school year. I
further urge you to provide SCC information routinely, in keeping with
the Utah Administrative Code.

Thank you.

Gregory A. Clark



================================================

Previous communications are appended below.

On Tue, Sep 20, 2011 at 12:49 PM, Parley B. Jacobs
<Parley...@slcschools.org> wrote:

Mr. Clark – we are waiting for the transcribing of the minutes. I
understand there are some technical problems trying to copy the audio
tape. Will let you know!! Thanks. Jacobs.

From: Gregory Clark [mailto:greg.a....@gmail.com]
Sent: Tuesday, September 20, 2011 11:03 AM
To: Parley B. Jacobs; west-parents...@googlegroups.com


Subject: Re: Direct request to Principal Jacobs for SCC materials

Prinicipal Parley,

Thank you for your reply. However, as noted in my email and copied
below, of particular interest are the SCC materials for the present
school year, which I still need and which you have not addressed:

"For example, please inform me now how can I access the audio tape
recordings for the 8/29/2011 SCC meeting (and 9/12/2011 meeting if
that is now available), as requested from you on 9/13 and 9/15 [and
9/16].

"As previously noted, the need for SCC materials associated with the
present school year is especially urgent given the ongoing appeal/
grievance process."

I look forward to your providing me and others with this information
promptly.

Gregory A. Clark

On Tue, Sep 20, 2011 at 9:07 AM, Parley B. Jacobs
<Parley...@slcschools.org> wrote:

Mr. Clark – we have most of last year’s SCC minutes here in the front
office. You are welcome to come read, or make copies. Thanks. Jacobs.

From: Gregory Clark [mailto:greg.a....@gmail.com]
Sent: Friday, September 16, 2011 6:09 PM
To: Parley B. Jacobs
Cc: west-parents...@googlegroups.com
Subject: Re: Direct request to Principal Jacobs for SCC materials

Principal Jacobs,

Thank you for your reply. Please provide the requested information to
me as it becomes available, rather than delaying till all missing
items have been obtained.

For example, please inform me now how can I access the audio tape
recordings for the 8/29/2011 SCC meeting (and 9/12/2011 meeting if
that is now available), as requested from you on 9/13 and 9/15.

As previously noted, the need for SCC materials associated with the
present school year is especially urgent given the ongoing appeal/
grievance process.

Thank you.

Gregory A. Clark

On Thu, Sep 15, 2011 at 6:30 PM, Parley B. Jacobs
<Parley...@slcschools.org> wrote:

Mr. Clark – will collect info for you. Just collected email addresses
of current SCC members at our last meeting. Will get those posted just
as quick as we can. Thanks. Please call if you have any questions.
Thank you. Parley Jacobs.

From: Gregory Clark [mailto:greg.a....@gmail.com]
Sent: Thursday, September 15, 2011 6:00 PM
To: Parley B. Jacobs
Cc: Amanda Thorderson; Alama Uluave; Doug Nelson; Rosemary Emery;
Heather Bennett; Laurel Young; Kristi Swett; McKell
Withers;as...@katewwdb.com
Subject: Direct request to Principal Jacobs for SCC materials

15 September 2011

RE: Direct request to Principal Jacobs for SCC materials

Principal Parley Jacobs, West High School:

I am writing to request formally and explicitly from you the following
West High School Community Council (SCC) information. Alternatively,
please indicate where I can find these materials publicly posted.

1) The agendas for the SCC meetings, beginning with the SCC meeting
subsequent to the 10/11/2010 SCC meeting, and extending to and
including the most recent SCC meeting of 9/12/2011. These agendas are
not posted on the official West High web site and to my knowledge are
not publicly available, in apparent violation of the Utah
Administrative Code.

2) The minutes for the SCC meetings from and including 10/11/2010
through and including 8/29/2011. These minutes are not posted on the
official West High web site and to my knowledge are not publicly
available, in apparent violation of the Utah Administrative Code.
Please also provide the minutes for the September 12, 2011 meeting
when they become available in a suitable and timely manner.

3) Information regarding how I can obtain or access the audio
recordings of the SCC meetings for the 2010-2011 and 2011-2012 school
years; and

4) Any other relevant material legally associated with the
aforementioned SCC meetings.

5) E-mail contact information for the present SCC members.

The need for SCC materials associated with the present school year,
2011-2012, is especially urgent.

-----

The appropriate public distribution of the SCC information is the
responsibility of the SCC chair and the West High administration, as
specified in the Utah Administrative Code. A copy of the SCC section
of this Code was previously sent to you in conjunction with my
previous request for SCC information (9/13/2011; appended). I welcome
corrections to my understanding of the Code or other matters.

Mr. Asay, the present SCC Chair, is unwilling or unable to provide the
SCC information that I had requested. (See previous correspondence,
appended.) Further, he has served as SCC Chair during only a portion
of the relevant time period. Consequently, I am now directing this
request explicitly to you as head of the West High administration,
which shares the responsibility for providing this information.

As you know, a formal appeals/grievance process involving West High
individuals is underway. The agendas, minutes, and recordings of the
8/29/2011 and 9/15/2011 SCC meetings, and potential other materials
associated with these meetings, are directly relevant to the appeal/
grievance process. The failure to post the SCC minutes and to provide
the requested information presents an impediment to obtaining relevant
facts of record. Given the involvement of the SCC West High
administration in the appeal/grievance process and/or in the events
leading to it, it strongly behooves the West High administration to
make this SCC information available in a timely and appropriate
manner.

More generally, the long-standing failure of West High administration
to provide the required SCC materials publicly in keeping with the
Utah Administrative Code represents a pervasive and persistent
problem. Mr. Asay initially cited "technical situations" as one
explanation on Whipsnet <http://groups.google.com/group/whipsnet/
topics>, but subsequently indicated that at least some minutes had not
been written. It is unclear what technical situations could have
precluded posting of the required SCC information for a period over a
year, or could have prevented minutes from being written, or could
have prevented the previously requested information (e.g., minutes,
email addresses, availability of audio tapes) from being sent by
email.

It is also unclear what factors could have legitimately prevented West
High administration from successfully addressing this long-standing
problem, particularly given West High's previous successful postings
of SCC information on its official web site.

Notably, both East High and Highland High regularly post SCC agendas,
minutes, and contact information on their official web sites: <http://
east.slcschools.org/pages/information/CommunityCouncil.html> and
<http://highland.slcschools.org/SCC/index.htm>. If technical barriers
are responsible for the continued and persistent failure of West High
administration to provide publicly the required SCC information,
perhaps West High administration could consult with their professional
colleagues who appear to have the appropriate expertise.

I look forward to receiving the requested SCC information, and more
generally to suitable corrective actions being taken, in a timely and
appropriate manner.

Thank you.

Gregory A. Clark

greg.a....@gmail.com

--------------------------------------------------------------------------------------------------------------------------

From: Gregory Clark [mailto:greg.a....@gmail.com]
Sent: Thursday, September 15, 2011 8:24 AM
To: as...@katewwdb.com
Cc:
amanda.t...@slcschools.org;alama....@slcschools.org;do...@mdxperts.com;
rosemar...@gmail.com; heather...@xmission.com;
laurel...@slcschools.org; kristi...@slcschools.org;
mckell....@slcschools.org; Parley...@slc.k12.ut.us
Subject: Re: SCC information and possible violations of the Utah
Administrative Code

15 September 2011

Mr. Asay,

Your replies in response to my requests for SCC information do not
suffice.

It is unfortunate that you are unwilling or unable to provide the SCC
information requested, as required by Utah Administrative Code; and in
particular that you are unwilling or unable to provide 1) the minutes
for the SCC meetings; 2) information regarding how I can obtain or
access the audio recordings of the SCC meetings; and 3) the e-mail
contact information for SCC members.

These failures are particularly problematic given the ongoing appeals/
grievance procedures underway that were addressed in the SCC meeting
for which information is unavailable. These failures are in apparent
violation of the Utah Administrative Code.

I welcome corrections to my understanding of the Code regarding the
SCC, which I have previously sent to you.

My further replies are interdigitated with your comments below.

Thank you.

Gregory A. Clark

From: steven asay [mailto:as...@katewwdb.com]
Sent: Wednesday, September 14, 2011 9:59 AM
To: Gregory Arthur Clark
Subject: RE: Updated request for SCC information

If you cannot spell my name correctly, don't bother me.

----------------

GC: I apologize for the unintentional misspelling of your name.

That said, your refusal to allow legitimate requests to the SCC chair
on the basis of a spelling error is inappropriate, unprofessional, and
arguably in violation of the Utah Administrative Code regarding the
SCC.

========

SA: If you are interested in being a part of the solution do so.

-----------

GC: I am very interested in being part of a solution to several
important problems affecting West High. One of those important
problems is the involuntary and inappropriate transfer of Mr. McGuire,
which was addressed at the SCC meeting of 29 August 2011. This problem
continues to impact the education of West students. The continuing
failure of the SCC to provide the information that I am requesting is
an impediment to obtaining relevant information that might be applied
to the solution to this important problem.

Another important problem is the timely release of accurate and
appropriate information by the District administration, including West
High administration.

Finally, with respect to the SCC, I remind you that I personally wrote
and posted a brief unofficial description of the August 29, 2011 SCC
meeting on the same night that the meeting was held. I found no
"technical situations that [had] to be worked through" in order to do
so. In contrast, SCC still remains unwilling or unable to provide
minutes of this meeting, in apparent violation of the Utah
Administrative Code. The contrast is telling.

The appropriate public distribution of the SCC agenda and minutes is
the responsibility of the SCC chair and the West High Administration,
as specified in the Utah Administrative Code.

==========

SA: I have not been the SCC chair and am not responsible for what has
not been done in the past.

---

GC: Granted, there is evidence for a systematic, long-term, and
persistent failure on the part of multiple individuals to provide
required SCC information, as indicated in my original letter raising
concerns regarding the SCC's violation of the Utah Administrative
Code. Note Principal Jacobs' continued role throughout the period in
question.

That said, the past failure of others does not excuse the failure of
the present SCC to provide the agendas of the 29 August 2011 and 12
September 2011 SCC meeting, and the continued failure to provide the
minutes of the 29 August 2011 SCC meeting, as required by the Utah
Administrative code. Nor do others' past failures excuse your present
refusal to provide information as to how one may obtain access to the
audio recordings of SCC meetings.

=========

SA: When the minutes are completed they will be posted as required.

-----

GC: Thank you for indicating that the SCC meeting minutes I requested
have not been completed.

This failure to complete and provide minutes is in apparent violation
of the Utah Administrative Code, which specifies that the minutes of
the previous meeting (e.g., August 29 SCC meeting) shall be posted on
the school’s official website one week prior to the SCC meeting (e.g.,
September 12 SCC meeting).

Your present explanation for the SCC's failure to provide the required
and requested materials presents an interesting companion to your
previous explanation posted on Whipsnet that "there are technical
situations that have to be worked through." I am unaware of any
technical situations that would preclude writing the SCC minutes.

==========

SA: When the agendas are completed they will be posted as well.

GC: Agendas for the 29 August 2011 and 12 September 2011 SCC meetings
were in fact completed, but nonetheless were not made publicly
available in advance as specified by the Utah Administrative Code.

Whipsnet is not an appropriate fully public forum, and does not serve
as an appropriate substitute for posting on the official West High web
site, as specified by the Utah Administrative Code.

End of GC replies interdigitated in this message.

===============

Steve Asay


From: "Greg Clark"
Sent: Wednesday, September 14, 2011 9:26 AM
To: 'steven asay'; 'Whipsnet'; west-parents-for-
mcg...@googlegroups.com
Cc:
gra...@comcast.net;Parley...@slc.k12.ut.us;amanda.t...@slcschools.org;alama....@slcschools.org;do...@mdxperts.com;
rosemar...@gmail.com; heather...@xmission.com;
laurel...@slcschools.org; kristi...@slcschools.org;
mckell....@slcschools.org
Subject: RE: Updated request for SCC information

Re: “We are doing everything possible to meet the requirements of Utah
State law concerning SCCs and their processes.”

-----

Mr. Assay,

You claim that you “are doing everything possible…” Seriously?

I take strong exception to your claim.

The Utah Administrative Code specifies that SCC agendas and minutes of
the previous meeting shall be posted on the school’s official website
***ONE WEEK*** prior to the SCC meeting.

<http://www.rules.utah.gov/publicat/code/r277/r277-491.htm>.

In apparent violation of Utah Administrative Code, the SCC minutes
have not been posted publicly on the official West High website for a
***FULL YEAR***. Agendas also have not been posted there for nearly a
full year, again in apparent violation of the Code.

I recently sent you, West High administration, and others a copy of
this code, pointing out these apparent violations.

Occasional mistakes and lateness can happen. But the minutes for a
full year’s worth of SCC meeting have not been posted appropriately.
Certainly, this is not in keeping with the claim that you “are doing
everything possible”.

2. Many SCC agendas and minutes for older meetings have been and
remain posted on the official West High web site, indicating that
“technical situations” to posting on the West site are not, or at
least have not previously been, a barrier. And there is no technical
barrier to providing me directly with the SCC minutes I requested. I
again urge you to do so promptly.

3. Your reply further strongly implies that the SCC minutes are not
available anywhere as a matter of public record, again in apparent
violation of the Utah Administrative Code. Posts on whipsnet are not
fully public, as the site itself clearly indicates.

4. Minutes for this year’s SCC meetings have not been posted on
whipsnet or anywhere else, to my knowledge.

5. Independent of technical issues, there is nothing that precludes
you from providing me and others with the minutes and email addresses
of SCC members as I had explicitly requested.

6. Calling on volunteers is not an appropriate substitute for the West
High administration and SCC chair to fulfill their professional
responsibilities.

I strongly urge you to bring the SCC into compliance with the Utah
Administrative Code and to provide me with the information requested.

As you know, formal appeals involving West High individuals are
underway. The minutes and recordings of the SCC are directly relevant
to this process. The failure to post the SCC minutes provides an
impediment to obtaining relevant information. Given involvement of the
SCC in the process, and the potential conflict of interest for
individuals controlling the release of SCC together with their own
potential prior involvement in the activities that led to the matter
under appeal, it strongly behooves the SCC to make this information
available in a timely and appropriate manner.

Thank you.

Gregory Clark, Ph.D.

cc: BOE, Principal Jacobs, Superintendent Withers

From: steven asay [mailto:as...@katewwdb.com]
Sent: Wednesday, September 14, 2011 8:35 AM
To: Whipsnet; Gregory Arthur Clark
Subject: Re: Updated request for SCC information

We are doing everything possible to meet the requirements of Utah
State law concerning SCCs and their processes. There are, however,
technical situations that have to be worked through. When those have
been worked out locations of all expressed items will be posted. If
people are interested in things happening faster, then they can
volunteer to help with the process.

Steve Asay

SCC Chair

On Tue, Sep 13, 2011 at 11:05 PM, Gregory Clark <greg.a.clark.
0...@gmail.com> wrote:

From: Gregory Clark [mailto:greg.a....@gmail.com]
To: Parley...@slc.k12.ut.us;as...@katewwdb.com
Cc:
amanda.t...@slcschools.org;alama....@slcschools.org;do...@mdxperts.com;
rosemar...@gmail.com; heather...@xmission.com;
laurel...@slcschools.org; kristi...@slcschools.org;
mckell....@slcschools.org; west-parents-for-
mcg...@googlegroups.com

Subject: SCC information and possible violations of the Utah
Administrative Code

13 September 2011

Principal Jacobs, Principal, West High School;

Steven Asay, Chair, West High School Community Council

Firstly, I am writing to express my concerns that the West High School
administration and/or the West High School Community Council (SCC)
Chair(s) potentially are not fulfilling their professional
responsibilities in a timely and appropriate manner with respect to
SCC communications, in possible violation of the Utah Administrative
Code, Rule R277-491. School Community Councils: <http://
www.rules.utah.gov/publicat/code/r277/r277-491.htm>.

Providing accurate, timely, and appropriate information is an
important component of the professional responsibilities for the
Principal of West High School.

As a matter of public record, R277-491-4, School Community Council
School/School Administrator Responsibilities (Appendix 1), specifies
for example the following regarding SCC agendas and minutes:

"B. The school community council chair shall provide the following
information to the school community, with assistance from the school
administration:…

"(7) Posting the school community council meeting information (time,
place and date of meeting; meeting agenda and previous meeting
minutes) on the school's website at least one week prior to each
meeting."

In apparent violation of the above regulations, SCC information
regularly is not being posted on the West High School official website
or provided elsewhere in a timely and appropriate manner.

For example, no SCC agenda has been posted on the West High web site
<http://west.slcschools.org/ptsa/ptsa_index.html> since October 2010
(Appendix 2).

Similarly, no SCC minutes have been posted there for any SCC meeting
beyond September 13 2010, a full year ago.

Partial information regarding SCC agendas, elections, and minutes is
being distributed to a closed, not-fully-public group <http://
groups.google.com/group/whipsnet/about> that by self-description is
"not affiliated with the Salt Lake School District" and to which only
selected persons have access. But even there the information there is
late and incomplete.

Secondly, I am also writing to request information regarding the SCC
that so far I have been unable to locate on the West High web site or
elsewhere.

Please indicate

1) where one can find a copy (preferably electronic) of the recent
minutes for the West High SCC meetings;

2) How one can obtain or access the audio recordings of the SCC
meetings;

3) The email addresses of the SCC members.

I look forward to receiving this information and to appropriate
corrective actions being taken in a timely and appropriate manner.

Given the apparent growing pattern of misrepresentation of information
by District adminstration; the direct relevance of recent SCC meetings
to ongoing appeals and actions; and the potential personal involvement
of individuals responsible for the SCC postings in the very matters
now being appealed, a continued, persistent, and willful failure to
provide SCC information in a timely and appropriate manner would be
particularly damaging.

Thank you.

Gregory A. Clark, Ph.D.

greg.a....@gmail.com

Appendixes:

Appendix 1.

Utah Administrative Code. Rule R277-491. School Community Councils.

Appendix 2.

SCC information copied on 9/13/2011 from official West High School
websitehttp://west.slcschools.org/ptsa/ptsa_index.html




Appendix 1

Utah Administrative Code. Rule R277-491. School Community Councils.

<http://www.rules.utah.gov/publicat/code/r277/r277-491.htm>.

=====================================================

Utah Administrative Code

The Utah Administrative Code is the body of all effective
administrative rules as compiled and organized by the Division of
Administrative Rules (Subsection63G-3-102(5); see also
Sections63G-3-701 and702).

NOTE: For a list of rules that have been made effective since August
1, 2011, please see thecodification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule
changes.

Download theRTF file


--------------------------------------------------------------------------------


R277. Education, Administration.

R277-491. School Community Councils.

R277-491-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Candidate" means a parent or school employee who has filed for
election to the school community council.

C. "Contested race" means the election of members to a school
community council when there are more candidates than open positions.

D. "Days" means calendar days unless otherwise specifically
designated.

E. "Develop school improvement plan and school trust program and other
programs" means to participate actively in the creation of plans,
including analysis of school assessment data, development of School
LAND Trust budgets, and review of School LAND Trust expenditures under
Section 53A-16-101.5(5)(a)(iv) and 53A-16-101.5(6)(b)(ii). This may
include establishing subcommittees where needed or assigning work to
individuals.

F. "Parent" means the parent or legal guardian of a student attending
the non-charter public school or of a student who will be enrolled at
the school in the next school year.

G. "Parent member" means a parent or guardian of a student who is
attending the school or of a student who will be enrolled at the
school in the next school year if the election is held in the spring.
A parent member of a school community council may not include a person
who meets the definition of a school employee member unless the
person's employment at the school does not exceed an average of six
hours per week, consistent with Section 53A-1a-108(1)(a)(ii).

H. "School administrator" means a school principal, school assistant
principal or designee as specifically assigned by the school
administrator.

I. "School community" means the geographic area designated by the
school district as the attendance area with reasonable inclusion of
the parents or legal guardians of additional students who are
attending the school.

J. "School employee member" means a person employed at the school for
more than an average of six hours per week by the school or school
district; the principal is one school employee member.

K. "Secure ballot box" means a closed container prepared by the
school for the deposit of secret ballots for the school community
council elections.

L. "Student" means a child in public school grades kindergarten
through twelve counted on the audited October 1 Fall Enrollment
Report.

M. "Students attending the school" for purposes of this rule means
students currently attending the school and those officially enrolled
to attend the school in the next school year.

N. "USDB" means the Utah Schools for the Deaf and the Blind.

O. "USOE" means the Utah State Office of Education.

R277-491-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3
which vests general control and supervision of public education in the
Board and by Section 53A-1-401(3) which permits the Board to adopt
rules in accordance with its responsibilities.

B. Local boards of education for school districts and the State
Charter School Board for state-sponsored charter schools are
responsible for school community council operations, plans, oversight,
and training.

C. The purpose of this rule is to:

(1) provide procedures and clarifying information to school community
councils to assist them in fulfilling school community council
responsibilities consistent with Section 53A-1a-108(3);

(2) provide direction to school districts and schools in establishing
and maintaining school community councils whose primary focus is to
develop, approve, and assist in implementing school improvement plans,
and advise school/school district administrators consistent with
Sections 53A-1a-108(3) and 53A-16-101.5;

(3) provide a framework and support for improved academic achievement
of students that is locally driven from within individual schools,
through critical review of testing results and other indicators of
student success, by establishing meaningful, measurable goals and
implementing research-based programs and processes to reach the goals;

(4) encourage increased participation of the parents, school employees
and others that support the purposes of the school community councils;
and

(5) encourage compliance with the law in the election of school
community councils, in meeting reporting requirements, in complying
with open and public meetings requirements.

R277-491-3. School Community Council Member Election Provisions.

A. Parents may stand for election as parent members of a school
community council at a school if their child(ren) are attending the
school or will be enrolled at the school in the next school year if
the community council election is held in the spring.

B. Parents may vote for the school community council parent members if
their child(ren) are enrolled or will be attending the school in the
next school year, consistent with the intent to encourage the greatest
participation possible of all available parents.

C. School community councils may establish procedures that allow for
ballots to be clearly marked and mailed to the school in the case of
geography or school distances that would otherwise discourage parent
participation. Hand-delivered or mailed ballots shall meet the same
timelines for voters voting in person.

D. Entire school districts or schools may allow parents to vote by
electronic ballot. If school districts/schools allow voting by
electronic means, the opportunity shall be clearly explained on the
school district/school website including:

(1) directions for electronic voting;

(2) security provisions for electronic voting;

(3) statement to parents and community members that violations of a
school district's/school's voting procedures may disqualify a parent's
vote or invalidate a specific school election, or both.

E. Ballots and voting are required only in the event of a school
community council contested race.

F. School community councils are encouraged to establish clear and
written:

(1) procedures that are consistent with state law, Board rules, and
local board policies;

(2) procedures for the selection of school community council chairs
and vice chairs;

(3) timelines and procedures for school community council elections
that may include receiving information from applicants in a timely
manner; and

(4) additional clarification and procedures to assist in the efficient
operation of school community councils consistent with the law.

R277-491-4. School Community Council School/School Administrator
Responsibilities.

A. A school administrator may not serve as chair or co-chair of the
school community council.


B. The school community council chair shall provide the following
information to the school community, with assistance from the school
administration:

(1) Notice of dates and times of school community council elections at
least 14 days before the elections are held;

(2) Timely notice of school community council positions that are up
for election;

(3) Instructions for applying to become a school community council
member together with timelines for submitting information and
applications;

(4) Notice of the school community council meeting schedule, provided
in the first 14 days of the school year;

(5) A summary of the school community council's actions and activities
for the first half of the school year, provided mid-way through the
school year;

(6) A summary of the annual expenditure report of all School LAND
Trust Program funds provided to the school community and to the local
board of education or State Charter School Board in the fall of the
school year following the school year that the school plans were
implemented; and

(7) Posting the school community council meeting information (time,
place and date of meeting; meeting agenda and previous meeting
minutes) on the school's website at least one week prior to each
meeting, and on the access door(s) of the school on the day of the
meeting.

B. The school community council chair, assisted by the school
administrator, shall provide information on the school website and in
at least one other direct delivery method ensuring that all parents
are notified as provided in Section 53A- 1a-108(7)(a).

C. The school community council chair, assisted by the school
administrator, shall act in compliance with the Utah Open and Public
Meetings Act, Section 52-4-101 et seq., including:

(1) posting upcoming agendas and meeting locations;

(2) posting minutes of the most recent meeting;

(3) posting the agenda and location of the upcoming meeting on the
school's website at least one week prior to the meeting;

(4) posting the agenda and location of the upcoming meeting on the
school's access door on the day of the meeting;

(5) providing timely written minutes of the meeting; and

(6) recording the meeting, and other required or appropriate
activities.

D. School community council responsibilities do not allow for closed
meetings, consistent with the purposes of Section 52-4-205.

E. School community councils shall become familiar with and consider
the following:

(1) Satisfying the meeting recording process with sensitivity for
parents and community members whose primary language is not English;
and

(2) The limitations of open and public meetings in secure or locked
school settings and facilities.

R277-491-5. Parent Rights and Responsibilities.

A. Parents of students attending a school and to the extent possible,
parents whose children will attend the school in the next school year
(for spring community council elections) shall receive notice of open
school community council positions and of elections consistent with
Section 53A-1a-108.

B. Parents of students attending a school shall have access to
schedules, agendas, minutes and decisions consistent with Sections
53A-1a-108(7) and (8).

C. School community council parent members shall participate fully in
the development of various school plans described in Section
53A-1a-108(3) including, at a minimum:

(1) School Improvement Plan;

(2) School LAND Trust Plan;

(3) Reading Achievement Plan (for elementary schools);

(4) Professional Development Plan;

(5) Child Access Routing Plan; and

(6) Review of School Health Plans required under Section 53A-11-204.

D. Parents shall receive timely notice of school community council
timelines and procedures that affect parent member elections, school
community council meeting information and other parent rights or
opportunities, consistent with state law, Board rules, and local board
policy.

R277-491-6. Additional School Community Council Information and
Provisions.

A. School community councils shall set the beginning terms for school
community council members consistent with Section 53A-1a-108(5)(g).

B. School community councils shall report on plans, programs, and
expenditures, including detailed descriptions of expenditures for
professional development, at least annually to local boards of
education and cooperate with the legislative and USOE monitoring, and
audits.

C. School community councils may establish procedures and requirements
for parent notification and election timelines that are not
inconsistent with Sections 53A-1a-108, 53A-16-101.5, 52-4-101 et.
seq., this rule, or local board policy.

D. Public schools that are secure facilities, juvenile detention
facilities, hospital program schools, and other small special programs
may receive all funds available to schools with school community
councils if the schools demonstrate and document a good faith effort
to recruit members, have meetings and publicize results as recognized
and affirmed by local boards of education.

E. School community councils may designate districts, areas or grade
levels in order to recruit school community council members from all
areas of the school community. If parents from designated areas do not
apply for the school community council positions, positions shall be
filled with interested parents who do apply.

F. Local boards of education may ask school community councils to
address local issues at the school community council level for
discussion before bringing the issues to local boards of education.
School community councils may be asked for information to inform local
board decisions.

G. Local boards of education, and the State Charter School Board for
state-sponsored charter schools, shall report approval dates of
required plans to the USOE. School community councils are encouraged
to advise and inform elected local board members.

H. Local boards of education make decisions in governing school
districts with superintendents and principals acting under the
direction and in behalf of local board of education in all areas of
governance, including implementing approved School Improvement and
School LAND Trust Program plans.

KEY: school community councils

Date of Enactment or Last Substantive Amendment: August 7, 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
53A-1-401(3)




Appendix 2


SCC information copied on 9/13/2011 from official West High School
websitehttp://west.slcschools.org/ptsa/ptsa_index.html

A screen capture image is given below. [May not transmit via email.
See also cut-and-paste version further below.]

SCC

The West High School Community Council is accepting nominations for
membership on the Community Council. A ballot will be prepared and
voting will take place at West High School, June 1, 2, 3, 2011 in the
school’s main office and at the SCC meeting June 6th. If you have any
questions please call West High School at801-578-8500 x.210.

Agendas Minutes

02/08/10 02/08/10

03/15/10 03/15/10

04/12/10 04/12/10

05/10/10 05/10/10

06/07/10 06/07/10 *n/a

08/30/10 08/30/10

09/13/10 09/13/10

10/11/10 10/11/10 *n/a

[* Minutes not available at the time of the September 13, 2011 screen
capture or on September 15, 2011, as indicated by different text color
evident on the web site and in the screen capture but not in the text
pasted here. No information regarding subsequent SCC meetings was
posted at this site. This note was added September 15, 2011.--GC]

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