School Board Updates: Member Conduct and Policy Reviews

Addressing Confidentiality and Conduct in School Board Meetings

On September 11, the Mercer Island School Board held a study session and board meeting to address several critical issues, including board member conduct, policy development, and student achievements. The meeting commenced with the swearing-in of Brody Newcomer as the official student representative to the board.

Study Session: Clarifying Confidentiality and Conduct

The study session focused on clarifying the board's code of conduct, particularly concerning confidentiality and communication protocols. Concerns had been raised about alleged defamatory statements and breaches of confidentiality by board members, specifically related to sexual misconduct by a Mercer Island High School teacher during the 2015-2016 academic year.

Legal counsel Charles Leitch, who joined remotely, provided insights into the legal framework governing board confidentiality, defamation, and executive privilege. He explained that elected school board members are not considered employees under the Silence No More Act, a Washington state law aimed at protecting employees from retaliation when reporting sexual misconduct. This distinction means that some employee-specific protections and non-disclosure provisions do not directly apply to board members.

The board engaged in a heated discussion about the scope of confidentiality, especially regarding information shared in executive sessions as defined by state law (RCW 42.30.110). Leitch clarified that executive sessions are meant to protect sensitive matters such as legal settlements or personnel issues. He emphasized that if discussions occur solely within an executive session and there is no agreement on confidentiality boundaries, sharing those details publicly would violate the protections of executive session.

Board member Dan Glowitz expressed disagreement, stating, "We are public institutions. The idea that we can transform things into private by having an executive session... that is what’s wrong." Board President Maggie Tai Tucker acknowledged Glowitz's viewpoint but voiced concerns about the lack of trust this situation could create. She stated, "If something like that situation happened right now, I would not feel comfortable calling an executive session for the whole board to be equally informed."

Formation of a Committee

Following the study session, the board proposed forming a committee to review district policies, procedures, and training related to appropriate conduct, reporting mechanisms, and communication with students and families. This committee is expected to include diverse stakeholders such as legal experts, school administrators, students, parents, and representatives from community organizations like the King County Sexual Assault Resource Center and the Department of Children, Youth, and Families (DCYF).

The committee will focus on topics such as student safety, community notification protocols following allegations of abuse, boundaries for staff-student communication channels, and ensuring that discipline and reporting procedures are trauma-informed and legally compliant.

Policy Updates: Student Discipline

The board also reviewed legislative-driven revisions to Board Policy 3241 on student discipline. These updates align district policies with recent state laws. Assistant Superintendent Erin Battersby detailed changes designed to enhance clarity, remove redundant language, and better structure the policy to mirror state standards and WSSDA (Washington State School Directors’ Association) guidance. Battersby explained that the district anticipates having a disciplinary matrix that shows the outcomes of conduct, creating more transparency and visibility for families.

Superintendent Update

Superintendent Fred Rundle reviewed enrollment trends, noting slight declines in kindergarten numbers. The district is closely monitoring these shifts to maintain fiscal responsibility.

Student Achievements

After discussing policies, the board celebrated the vibrant life of Mercer Island students. Student representatives to the board, Lucy Dorer and Brody Newcomer, shared updates highlighting the repainting and new murals at elementary schools, cheer clinic events, PTA Reflections art contest, and events welcoming students into the new school year.

Superintendent Rundle recognized the outstanding student achievements:

• The MIHS girls tennis team secured their third consecutive 3A state championship.
• The MIHS boys tennis team members won the 3A singles and the 3A doubles championships.
• The MIHS boys soccer team won the 3A state championship.
• The MIHS girls track and field team won 3A state championship, the KingCo 3A title, and the Sea-King District 3A Championship.

Additional Announcements

Participants reflected on recent national and local events, emphasizing the importance of respectful dialogue and the dangers of political violence and intimidation. School board member Deborah Lurie recognized the role of the PTA in supporting schools and fostering community connections. Student representative to the board Newcomer shared plans for the Homecoming Parade, which will be held at 5 p.m. on Friday, September 26.