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HomeMy WebLinkAbout1978 04-13 HRRMMINUTES OF THE PROCEEDINGS OF THE HUMAN RIGHTS COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA ' SPECIAL SESSION APRIL 13, 1978 CITY HALL . Call to Order The Brooklyn Center Human Rights Commission met in special session and was called to order by Chairman Al Weyrauch at 7:36 p.m. Roll Call Chairman Al Weyrauch, Commissioners Joyce Tolve, Jerry Campion, Michael Miller, Eleanor Bradway ; Edith Johnson and Jayne Kuhar. Chairman Weyrauch reported that Commissioner Castle had informed him that he would be unable to attend this evening's meeting because of a family problem and that Commissioner Lemke would be late to this evening's meeting as would Council Gene Lhotka. Review Matter Involving Chairman Weyrauch announced that this special session Concerned Black Parents of the Human Rights Commission was called because of and Independent School a request made to him by the Concerned Black Parents District #286 of Independent School District #286 regarding a recent decision by Independent School District #286 to not continue the contract of a black high school counselor beyond this school year. He explained that members of the Concerned Black Parents group, as well as spokesmen from the School District, have been invited this evening to present their positions with respect to this matter. He further explained that the Human Rights Commission is an advisory commission to the City Council and is responsible for advising the Council on human relations and civil-rights issues and to recom- mend the adoption of specific policies or actions as are needed to provide for equal opportunity in the community. He added that among other things, the purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommoda- tions, public service and education. He pointed out that with respect to this issue there is little, or nothing, the Commission cando to advise the City Council on a course of action that could legally address the problem. He stated that the City Council would have no authority to consider this matter and that, there- fore, the Commission is providing an opportunity to both parties to state their positions in a public forum and hopefully, through this process, that matter can -1- 4-13-78 be reconciled. He concluded his opening remarks by staring that the Commission in effect is serving as a mediator of sorts and that the Commissioner's observa- tions and opinions will be welcomed. Chairman Weyrauch next reviewed the procedures to be used during this evening's meeting. He stated that first he would recognize a spokesman for the Concerned Black Parent group to state their position and then recognize a spokesman from Independent School District #286 for the same purpose. He added that following the presentation by the two parties the meeting would be opened for public dis- cussion and that he would recognize anyone in the audience wishing to express an opinion. He pointed out that members of the Commission will be permitted to question any person addressing the Commission for the purpose of clarifying statements. He stated that after everyone wishing to be,heard has been heard the public discussion portion of the meeting will be closed and that members of the Commission will be given an opportunity to make closing statements. Chairman Weyrauch recognized Mrs. Howard, 2218 55th Avenue ?`worth, who stated that she represented the Concerned Black Parents of Independent School District #286. She stated that she had asked for the meeting because she and her group feel that a great injustice has been don to a black high school counselor at Brooklyn Center High School. She stated that approximately two years ago the Concerned Black Parents group had peacefully petitioned the school beard of Independent School District #286 to retain a full-time black counselor because they felt black children in the school district were being subject to harrassment. She noted that the parents group and the school board had met and that an Equal Employment Opportunity (E.E.O.) policy had been drafted. She added tint following the develop- ment of the policy, Mr. Charles Portis was hired as the first black guidance counselor in the school district. it%irs. Howard stated that teenagers, being as they are, find ' it difficult to relate easily to new people and that for this reason, th~drd was° some mistrust of hilr. r'ortis at first by the black students of the school but over time- a relationship had developed between Mr. Fortis and the students. She further stated that the parents group had recently been made aware that Mr. Portis would be terminated following this school year because of a reduction in the number of full.-time guidance counselors from three to two. She stated that the school district has chosen to retain a female counselor that has served with the school district for only one year. She further stated that the parents group feels Mr. Portis is being discriminated against because he is a male and is black. She added that because the termination is to take , place this year, Mr. Portis will not be able to obtain tenure in the school district. She pointed .out that on page 2 of the school district's Equal Opportunity -pro6ram, it states that "for purposes 4-13-78 -2- of promotion, demotion, lay-off, recall, transfer and terminations, an employee's ability to perform the work and length of continuous service will be considered without regard to race, religion, marital status, creed, color, national origin, status with regard to public assistance, age (as provided under federal law), dis- ability or sex." She noted that the parents group did not find out about the termination until they were in- formed by their children. She added that there is no documentation on the part of the school district that Mr. Portis was not a good counselor and therefore, they feel he is being terminated because he is a male and black. She further stated that the NAACP has been contacted and that they too feel the termination is a matter of discrimination and should not be allowed to take place. In response to a question by Commissioner Kuhar, Mrs. Howard stated that there is one other black teacher in the school district and that this person is an elementary teacher, while Mr. Portis is the only black counselor on the school district's staff. Commissioner Tolve inquired if Mrs. Howard had any children in the school district at the present time. She responded that she did not but that she plans to enroll' her child in the school district for nineth grade. Com- missioner Campion commented that the charge of dis- crimination against the school district is based on sex and race. He asked for clarification of the issue with respect to race. Mrs. Howard responded that the Con- cerned Black Parents feel Mr. Portis was racially dis- criminated against because the school district was r quiet in the way they went about terminating Mr. Portis and that there was no communication with the black community. She pointed out that the school district plans to keep white female and that it is felt they have avoided using length of continuous service because Mr Portis is black. In response to an inquiry by Commis- sioner Tolve, Mrs. Howard stated that black females " in the school district relate well to Mr. Portis. Chairman Weyrauch next recognized Mr. Robert Spies,` 6242 North Lilac Drive, Chairman of the Board for Inde-4 pendent School District #286. Mr. Spies commented on how the school board arrives at their decisions with' respect to teacher/student ratios. He pointed out that 1- school enrollment is a primary factor in determing the number of staff and that presently Independent School ' District #286 is in a situation of declining enrollment.' He pointed out that each year the school board must review the district's budget,' finance and spending limitations. Because of the problem of declining enroli~ -3- 4-13-78 ment the school district is faced each year with difficult decisions as to the number of staff to retain. He added that in makina these determinations the school district must consider Minnesota State Law, collective bargaining agreements, and the probationary status of teachers. He further stated that with respect to the counselor situation, the school district felt that girls, as well as boys, need counselors and because a male tenured faculty member was returning from a sabatical leave for the next school year, the board felt it was appropriate to retain a female counselor as well. He added that the school board feels they have followed all of the established procedures with respect to termination and that the decision was made on the basis of the best interests of the students of school district #285. Commissioner Bradway inquired as to how long the probationary period is for a teacher. Mr. Spies responded that according to State Law the probationary period is one year for teachers coming into the school district if they have taught previously in Minnesota and the probationary period is two years if they come into the school district from outside of Minnesota. He added that according to the school district's collective bargain- ing agreement, teachers on probation have no seniority. Chairman Weyrauch next recognized Mr. Douglas Rossi, 6801 Dupont Avenue ?North, Superintendent of Schools for Independent School District #286. Mr. Rossi stated that he appreciated the opportunity provided by the Human Rights Commission to com- ment on and explain the school district's decision with respect to the termination. He explained that since 1973 the school district has been faced each year with tha problem of reduction in staff because of declining enrollment. He pointed out that enrollment figures indicate that there will be 710 students in_the elementary school and 889.. students in the junior/.senior high for school year 1978-79. He reported that with the declining enroll- ment in 1973, Brooklyn Center's school district became one of the, first school districts in the area faced with this traumatic cxperi!ea ce. He noted that twelve teachers were reduced that gear and that in 1974 eight probationary and two tenured `teachers were terminated; in 1975 seven probationary and two tenured teachers were terminated; in 1976 nine probationary and five tenured teachers were terminated; in 1977 nine probationary and three tenured teachers were terminated and as of this year, nine probationary and six tenured teachers will be terminated. Mr. Rossi stated that staff expenditures are the major expen- diture within the school district's budget and that staff needs are determined on the basis of projected enrollments. He re- ported that in the fall of each school year the school board, during its public budget deliberation, reviews projected enroll- ments and costs for the upcoming school year. He pointed out that the school superintendent, by board resolution, is then directed to make preliminary projections for the upcoming school 4-13-78 -4 year and to report these projections to the school board by December. He further reported that the school board in January of each year will discuss staff needs and financing and that during February the board again looks at-refined enrollment projections for the upcoming school year. Mr. Rossi stated that by March of each year the', projected enrollments are calculated in-terms of staff needs and recommendations are made to the school board with respect to staffing for the next school year. J Mr. Rossi stated that in making decisions regarding ter- minations of teachers because of declining enrollments. that Minnesota Statutes, M.S. 125.12, are reviewed. . He pointed out that this section of the Statutes deals with terminating probationary and tenured teachers. He explained that the school district's collective bargaining agreement is also reviewed in terms of staff terminations and layoffs. He noted that according to the school district's collective bargaining agreement probationary, teachers have no seniority. .He added that in making recommendations with regard to termination of teacher.;, a teachers certification is also considered and such things as how flexible a teache-r is outside of their bac realm of certification is also considered prior to the recommendation. He pointed out that the school distCJgpt needs in terms of teachers abilities are,evaluated as~-t well as how the recommendations will affect the teach', g staff, the community, various educational departments the ability to maintain various programs- and- above alli'` the needs of the students are looked at in terms of they decision. Mr. Rossi stated that once these termination recomme dations are arrived at, he meets individually with qac of the teachers recommended for termination to expli'. r. the situation and their rights before the recommendati go to the board of education. He pointed out that fol ing the board's decision, letters are sent to each of t affected teachers explaining again the reasons for thy, terminations and informing them of their rights under:; and the collective bargaining agreement. Mr. Rossi reported that during the present school year the school district has 2.6 counselors assigned to th students and that projections indicate the need to dro from 2.6 to 2.4 for the next school year and to 1.6_ th' following year. He also reported that there is a pos.s ibility that some terminated teachers could be rehires;, prior to the beginning of the school year next fall wheyf actual enrollments will then be determined. Mr. Rossi stated that a tenured counselor will be re- turning from sabatical leave next school year and ths„` -5- 4-13-78 based on the projections, one counselor had to be termin- ated. He pointed out that the decision for the termination was bebmeen two nontenured, probationary teachers, one being a male and the other a female. He pointed out that the enrollment of the school is roughly 50% male and 50% female and therefore the decision was to retain the female counselor. He pointed out that of the 47 high school teachers, 36 are male and 11 are female. He reported that late in January of this year a sex discrimination case against the school district was settled by the Department of Health, Education and Welfare (H , E . W in Chicago. He pointed out that because of this case, the school district has agreed to take steps to eliminate sex discrimination with respect to the hiring, firing and promotion of teachers and that this fact also had a bearing on the decision. He reported that the minority population of the school district amounts to about 5% of the total enrollment and that blacks make up approximately 2.4°1 of this total with the remainder being American Indians, and persons of Asiatic and Hispanic origins. Councilman Lhotka arrived at 8:14 p.m. Mr. Rossi concluded his presentation by stating that it is the - intent of the school district to seek minorities for any and all positions that are open. He added that he feels the de- cision to terminate the teacher in question was made in good faith and that legal, financial and enrollment considerations as well as the needs of the students of the school district had a bearing on the decision. Commissioner Tolve inquired of Mr. Rossi as to how students are assigned to counselors. Mr. Rossi responded that students are primarily assigned to counselors by grade level. Commissioner Tolve further, inquired as to how black students are assignee to counselors. Mr. Rossi responded that no differential is made in assigning students to counselors, rather than by grade level. He pointed out that students are not prohibited from seeing any of the counselors available. Commissioner Tolve inquired as to the number of handicapped students in the school district and also the number of handi- capped staff. Mr. Rossi responded that he did not have an accurate figure with respect to the handicapped students because there are a number of different definitions regarding the handicapped. He pointed out that there is one severe arthritic handicapped staff person on the school district staff. Commissioner To1_ve commented that she was trying to deter- mine a ratio of classes of students to teachers for counseling purposes. She pointed out that the figures supplied indicate that approximately 5% of the school enrollment is- minority 4-13-78 -6- and that approximately 2.4% of this total are blacks with the remainder being made up of other racial mina ties. Mr. Rossi responded that presently 2 out of the 96 teachers on the school district staff are black and,,, that there are no other.racial minority staff persons.;;, He pointed out that one of the two black teachers is Mr. Portis who.will not be with the school district nc fall. He added that it was possible that another mi person could be hired for the next school year once enrollment figures are finalized. He stated that if th( final enrollment figures next fall indicate the need fox additional staff, there is a procedure for bringing ba released teachers who have not found other employm Commissioner Tolve inquired if a part-time counselor could be hired by the school district. Mr. Rossi. re-o 11 sponded that in all likelihood a part-time counselor ~01 would be provided internally by utilizing another teacher. Commissioner Tolve also inquired as to what area Mt Portis was certified in and whether or not ie could b hired back as a teacher. Mr. Rossi responded that Mr. Portis's area of certification includes counselin and elementary education. He explained that there three or four other elementary teachers that were in- eluded on the termination list and that he doubted thI Mr. Portis would be hired back as an elementary tea In response to an inquiry by Commissioner Kuhar, M Rossi stated that, the action taken by the school bowt on March 13 in effect was a final action. He pointed out that probationary teachers that have been plac6dl on the termination list have had the opportunity to r4 an appeal and that none have chosen to do`so. He" plained that the school board will be making a final, fl decision with respect to the termination of tenured teachers at its April 17, 1978 meeting. 4 Commissioner Bradwa y inquired if Mr. Portis had contested the termination. Mr. Rossi responded that he had not and added that he felt Mr. Portis underst the school district's position with respect to the tern) ation. Commissioner Campion asked if Mr. Rossi cared to respond to the charge of racial discrimination. Mrv'' Rossi stated that he felt the decision to terminate M~ Portis was made in good faith and according to esta~l lished procedure and the matter of race had not ente~ into the decision whatsoever. He pointed out that tt. -7- 4-13-78 school district will make every attempt possible to hire minorities in the future. Also in response to an inquiry by Commissioner Campion, Mr. Rossi stated that the fact that approximately half of the student enrollment is female, and the fact that there was one tenuted male counselor, returning from a sabatical leave, did play a part in the decision. He explained that it is felt that there should be at least one male and one female counselor for the students. He also pointed out that a sex discrim- ination suit was recently settled involving the district and that the district has agreed to take steps to eliminate sex discrimination in its hiring, firing and promotions. He added that the termination decision was made with the best interests of the students and the school in mind. In response to an inquiry by Commissioner Johnson, Mr. Rossi stated that there are no minorities, other than black, on the districts certified teaching staff. . Commissioner Johnson stated that she could not completely agree with the logic in keeping one female and one male counselor because the enrollment was roughly half male and half female. She explained that she felt counseling --did not necessarily have to be based on sex and that it was analogous to saying that parents could only counsel their children of the same sex. She inquired as-to who :minorities would have to relate to. Mr. Rossi responded that hopefully the scInool district will be able to retain a minority counselor, or minority teacher, by the next school year if the enrollment figures indicate the need for additional teaching staff. He added that if the school district was experiencing a growth situation there would be no problem and that the black counselor would be retained. He pointed out that the fact that enn-~Ilment is declining makes such a decision necessary. Commissloner Johnson commented that it had previously been mentioned' that a Concerned Black. Parent advisory committee had beer formed. She inquired as to the communication with this giotp and whether or not other racial minorities have been eox tacted or have expressed opinions. Mr. Rossi responded that the black parent advisory group was established approx- imately two years ago and that an equal opportunity program -had been established. He stated that the group is made up of only black parents and that no other minorities are, at this time, on the group. He noted that the school district has con- tacted the advisory group on a few occasions but that they have chosen not to meet on those occasions. Chairman Weyrauch inquired if the school district has pro- visions or requirements that counselors have sensitivity training. Mr. Rossi responded that the school district does 0 4 4-1?-78 -8- have these provisions and that both time and finance are made available for workshops and other sensitivi training. Commissioner Kuhar stated that it had been indicate that in 1974, 75 and 76 there was racial harassment students in the -school district. She inquired of the superintendent if he was aware of these incidents. Rossi responded that he was aware that some incide involving racial slurs had occurred but that he was n aware of any other racial problems of major significa in the school district. Commissioner Lemke arrived at 8:36 p.m. I In response to an inquiry by Chairman Weyrauch,. Mr,, Rossi stated that by and large students feel they hair access to all counselors and that the school district generally does not contract out for counseling servi,c and that in the upcoming year they will have a need! a part-time counselor. Chairman Weyrauch also irl- quired as to staff morale regarding the termination'b the counselor. Mr. Rossi stated that the school dijs' trice's staff has been living through a declining enro ment for a number of years and they are quite concur He pointed out that the staff is aware of the ratios the standards and criteria utilized by the'school'di with respect to cutting district staff. He explained if a decision were made to retain -three full-time col lors even though the student/teacher ratios did not' ` justify this action, that by and large the staff would not see the fairness of such a decision. Chairman Weyrauch commented that it was 1ndi"Cate44 earlier in the meeting that Mr. Portis had not been advised of any shortcomings that he might have as a counselor. He inquired if Mr. Portis had been made aware of any problems. Mr. Rossi responded that because of federal and state data privacy laws, he, not able to comment on the substance of Mr. Portis` performance evaluations. He commented that he his reviewed and discussed performance evaluations wjf Mr. Portis. Commissioner Kuhar inquired if Mr. Portis had indi i to the school superintendent that there were racial , problems between the white and black students of district. Mr. Rossi responded that Mr. Portis had mentioned any racial problems in their meetings b t that they had discussed the difficulties associated.V black teachers adjusting to a white teaching staff. -9- 4-13-78 Chairman Weyrauch announced the meeting would now be opened for purposes of public discussion. He ex- plained that he would recognize anyone wishing to make a comment relative to the matter being discussed and that he would recognize all those wishing to be heard before again recognizing someone who has already had the opportunity to speak. Chairman Weyrauch again recognized Mrs. Howard who responded to comments made that the Concerned Black Parents had not used the established advisory committee to communicate with the school board. She explained that the parents did not feel it was necessary at the time of the invitation to utilize this vehicle because there had been no problem. She referred to page 10 of the school district's Equal Opportunity program relating to the responsibilities of the equal opportunity officer. She stated that the equal opportunity officer had not contacted the parent group at the time the matter of terminating the black counselor was being considered. Mrs. Toward also pointed to a number of incidents tha t had happened within recent years which she felt indicated prejudice on the part of the school district. She noted that no help had been offered by the school district with resoaecr to a black history program. She also stated that students had asked for a small stipend for a speaker during-the black history program presentation and that none was provided'. She pointed out that her son was having problems with an algebra class and that she was told by a member of the staff that she would have to pay minimum wages for a tutor. She explained that at the same time Vietnamese students were being tutored at no charge and that she-had brought this to Mr. Rossi,'s attention. She explained that Mr. Rossi had said that there had been a mistake and that she would not becharged for a tutor for r her son.'' She commented that although the explanation --was that a mistake was made, she questioned whether or not it had racial overtones. She also commented that she -lad, been informed that her son was a good student and was c'•.oing- excellent work while as a matter of fact he could not read when he was in the third grade. - She pointed out that black parents are constantly faced with having to raise an issue before something is done. She also pointed out that her husband had been involved in a social studies class with the school district and that he had been informed that he had done a good job in the presentation. She added that once he became involved with the Concerned Black Parents he was never again asked to participate in such a class. She further stated that the school district does not look at the black paint of view and that the counselor in question is needed because black children relate well to Public Discussion 4-13-78 _10- him. She concluded by stating that there are a numbs of racial problems within the school district and that the school board and administration fail to see them. Chairman Weyrauch recognized Kambon Camara, Dire of Education for the Minneapolis Urban League. Mr. Camara stated that he has been invited to meetings.,a the firing of Mr. Portis and that he has talked with Superintendent Rossi about the composition of the sck district staff. He pointed out that a teaching staff ~n be composed of members that, can adequately serve lr needs of students. He expressed the opinion that th is a lack of concern or awareness from the school s1Z intendent that there is a diversity of students. He ~ pointed out that the students of this school district' from many different cultures and backgrounds and tha the schools programs should reflect this. He added, that if there is no one that has any understanding otl! what the students needs are they won't be planned flog and met. He further stated that affirmative action implies that something positive should be done today because it was not done yesterday. He reported theR the problem with the firing of Mr. Portis is that he *j not be able to obtain tenure which is important for an ongoing program. Mr. Camara stated that he did not agree with the male/female criteria used by the Superintendent ands`" noted that there are adequate females already on tho' staff which can provide counseling and direction to female students.. He pointed out that it is importa that students be able to identify with role models a that the absence of an image or model in the schoof may have a damaging impact on its students in the future. He noted that the fact that the school distr has decided to terminate a black counselor says alet' to the black students in the school. Chairman Weyrauch next recognized Mr. William Jackson, 6818 Emerson Avenue North, who comment, on a number of racial problems in the school district He stated that racial slurs were used during the Bla History Program and that teachers and administrate did nothing about it. He further stated that he felt last one hired should be the first one fired and 'that' Portis had been at the school one year longer than 't. female counselor that was being retained. He repoe. that his children had used Mr. Portis's counseling' services and that none of the other counselors had ever talked to his children about scholarships or wY they might want to do after they have completed hig~'i' -11- . 4-13-78 school. He added that the female counselor being retained does not kn:tv hove to relate to blanks. He questioned whether any of the districts staff or administrators could relate to black students. He concluded by stating that the black children in the school district are being cheated both by the school board and the administration with respect to this matter. Chairman Weyrauch next recognized Bobby Jackson, 6818 Emerson Avenue North, who is a senior at Brooklyn Center High School. He stated that in 1776 Americans fought for representation and that he, as a black student, is also seeking representation. He explained that he is attempting to get as good an education as possible and has sought out counselors im_ the past. He pointed out that other counselors have not been able to understand him, while Mr. Portis has. He noted that black students and Mr. Portis have been able to relate to each other and he has been able to provide good counseling for the students. He further stated that there have been racial problems in the school due to a disrespect for black students on the part of teachers and that there have been changes in this respect with the coming of Mr. Portis. He stated that he has been good for the black students of the district. He'',, commented that he, as a student, is looking for and asking for representation and someone to relate to. In response to an inquiry by Commissioner Miller, Bobby Jackson stated that Mr. Portis has been good relating to the problems of ` black students and that he has served as a buffer for the black students in a predominantly white school. in response to a question by Commissioner Lemke, Bobby Jackson stated that there have been improvements in racial - problems since Mr. Portis has been with the school district such as more respect on the part of the teachers for black students and less racial slurs being said out in the open. Chairman ` eyrauch again recognized Mrs. Howard who ques- tioned- the school district's rationale for the need for both a ` rnd- to •and female counselor. She explained that there is a full- time nurse on duty with the school district and that this person could answer embarrassing questions or problems that female students might have. She pointed out that there are other female teachers as well on the school district staff that females could easily 'relate to. Commissioner Kuhar inquired of Mrs. Howard as to her feelings about female, professional discrimination and what she would suggest be done in cases where females must be terminated S as well. Mrs. Howard responded that she felt the length of service of a Leacher should be considered and that the last person hired ';should be the first person fired. Commissioner 4-13-78 -12- Kuhar commented that she is somewhat torn between' hi the problem of black discrimination and also female discrimination. She pointed out that if there is a ne for blacks to relate to other blacks and also the nee for black models for students, then there is also a l for female students to relate to females- and have fe role models in professional positions. i Chairman Weyrauch next recognized Mr. Lou Howard' 2218 55th Avenue North, who commented that he wished to address the issue of a minority person being discharged and its importance. He noted that. minority graduate of Brooklyn Center High School h ever gone on to graduate from college. He stated t4 the black students of the student district need som6 who can advise them. He pointed-out that teachers, effect, become second parents to students and for t € reason they need someone they can relate to. He commented on drug abuse problems in the school di$ and stated that his son had got on drugs while attei ing Brooklyn Center High School and that the blame' rests with him as a parent and the school district as well. He added that the school district established a drug program but that in many cases it was too lat or after the fact. Mr. Howard stated that he felt the school superinton should answer questions regarding the ability of the particular counselor in question and that the black parent group might understand the termination if it were shown that the counselor was not doing a goody, He stated that because all indications are that the counselor was doing a good job it seems that he is'' let go because of his race. He stated that he doubt the sincerity of the school board and added that.-he,, not feel a good faith effort was made with respect this termination. He added that he looks"at this mil from the standpoint of how the school district is managing the money paid by taxpayers and that it bothers him, as a taxpayer, that there is little sens; vity on the part of the school board for the needs of, the community as a whole, Commissioner Johnson suggested the possibility of ~J parent group acting as counselors for their black students. Mr. Howard responded that he has the ability to relate to students about what it is like tort black but that he has no experience or expertise to j. counsel students on what would be the proper curriOk for going on to college.. - He pointed out that this is~:l' job for school counselors and should be provided b the school district. -ji -13 4-13-78 Commissioner Tolve commented that the needs of handicapped persons are important as well and in- quired of Mr. Howard as to who handicapped students can relate to. Mr. Howard responded that he sym- pathizes with the problems of handicapped students but that he is, at the present time, concerned primarily with the black issue. He commented that he is familiar with the black problem and therefore is prepared only to comment on that issue. The Brooklyn Center Human Rights Commission recessed Recess at 9:42 p.m.' and resumed at 10;00 p.m. Chairman Weyrauch recognized Phillip Cohen, 5302 Humboldt Avenue North, former Mayor of Brooklyn Center and former school board-member, who commented on the matter of thel data privacy law. He stated that he thought it was important to re-emphasize the fact that the school superintendent is unable to comment on performance evaluations and other personnel related matters without the prior approval of the person who is the subject of that information. He pointed out that the data privacy laws are strict and they do not permit this information to be divulged and that he did not feel the school superintendent's comments were intended to be evasive with respect to this ma tier. Chairman Weyrauch then recognized Mr. Zimpfer, Attorney for independent School District #286. He stated that there seems to be a misunderstanding of some legal questions that he would like to clarify. He explained that the question of seniority has been discussed quite a bit this evening and that the parent .group thinks that because Mr. Portis has been -with the school district approximately one year longer than the female counselor, that he should therefore be retained. He noted that the probationary period for teachers that come to the school district from outside of the State of Minnesota is two years 'while the probationary period for a teacher coming into the school district from within the State of Minnesota is a..one ~y:ear period. He further explained that although the female counselor is in her first near at Brooklyn Center, she has worked five years in another district within the State. He explained) that for classification purposes, both the female counselor and Mr.. Portis are considered to be second year probationary* 'tea chers. He added that the school district's collective bargaining agreement states that no probationary teachers sha!,ll have seniority and, therefore, both Mr. Portis and the female counselor are of the same status. Mr. Zimpfer also commented on the data privacy laws and explained that the penalties for both state and federal privacy 4-13-78 -14- statutes are severe with respect to the violations of these laws. He noted that ,the school superintended is prohibited from saying anymore than he already ha with respect to the performance evaluation of the teacher in question. He pointed out that the school superintendent is not attempting to be evasive but only abiding by state and federal laws. Mr. Zimpfer concluded by stating that the decision III to terminate the probationary teacher in question ha already been taken and it is a final action. He poi l out that there are higher tribunals that can be utiliz such as the State Department of Human Rights, if th parents feel this matter is not fully resolved to their satisfaction. Commissioner Johnson inquired if Mr. Portis can obtain the performance evaluations and information himself from the school board. Mr. Zimpfer respon that this information is available to Mr. Portis. Hqi pointed out that the information is of a private na turd which means that the contents can only be made pub] is agreed to by the individual who is the subject of that information. Chairman Weyrauch again recognized Mr. Lou Howd who commented that Minnesota Statutes and federal 1, law do take precedent, but in a case such as this- there are social values that must also be taken into': consideration as well. He pointed out that the schd district should look beyond the statutes and legal 'I requirements to the humanistic values and concepts and the need for a black counselor to relate to blac: students in the school district. He added that perk' the school district has not looked at these humanis and social values to a great extent and that this is of the concerns he has as a black parent. Chairman Weyrauch inquired if anyone else wished I to be heard with respect to this matter. No one els requested to be heard. Chairman Weyrauch stated this meeting is a matter of public record and that if anyone else wishes to make written comments regar the matter they are welcome to do so. He pointed that any written statements will become part of the official record and that the file will be available to' interested parties upon request. Action Closing Public Motion by Commissioner Tolve and seconded by Corr Discussion missioner Campion to close the public discussion. The motion passed unanimously.' -15- 4-13-78 Chairman Weyrauch reviewed the duties and responsibilities of the Haman Rights Commission and stated that the Commis- sion is an.advisory commission to the City Council and is responsible for advising the Council on human relations and civil rights issues and recommending the adoption of specific policies or actions as needed to provide for equal opportunity in the community. He noted that there is little, or nothing, that the City Council can do with respect to this issue and that the City Council cannot legally compel another political subdivision to take certain actions with respect to personnel matters, or for that matter, compel another political sub- division to take certain actions with respect to other areas of administration or policy. He added that the Commission is in effect serving as a mediator of sorts to provide a public forum for both parties to express their positions with respect to this matter and that hopefully, through this process, the matter can b reconciled. He further stated that as was' pointed out during the course of the meeting, there are other higher tribunals which have the legal authority to deal with this matter. Chairman WeYrauch then requested comments and opinions from members of the Commission with respect to the issue that had been presented. -Chairman Weyrauch stated that based on the presentations made this evening it seems that both parties have valid points. He noted that, as the student addressing the Commission had indicated, there is a need to have someone to relate to. He pointed out that although there is this need the school district is faced with a declining enrollment and various legal and other criteria' and procedures that they must deal with. He stated that he did not feel the school districts decision to terminate 'the! black counselor was made on the basis of race but was made on other considerations that had to be addressed to. He noted that the declining enrollment factor is something that is not unique to the Brooklyn Center school district and is a matter than will continually have to be dealt with on the part of school districts. He concluded' by stating that he -would li"ke to' see both groups get t,gether with respect to issues ,ike this and that there is a need for better communication on the part of both parties. Commissioner Campion commented that he hasn't seen evidence of overt discrimination with respect to the termination of the counselor in question, but that perhaps there has been a lack of sensitivity on the part of both parties. He stated that the idea of both legal and humanistic considerations Tad been brought up and that from a legal standpoint the school district seems to not have discriminated with respect to its decision. He added that he feels there is a need for a female counselor in the school district as well as a minority counselor and that this need wilt. continue to be of importance in the upcoming 0 4-13-78, -16- years. He added that he did not feel females should,' have to take their problems to the school. nurse or another teacher but should have the availability of a counselor as well. He expressed the opinion that h r wished there was some way to have a full-time minb counselor as well. Commissioner Bradway stated that she concurred will Commissioner Campion's comments regarding the discrimination issue and added that minority studen~; may well need to have a counselor or someone else that they can relate to. She noted that not all studon need the same amount of counseling and availabilit ji of counselors as do others, but that there definitell? Is a need for the school to provide counseling serve Commissioner Lemke commented that she has been blind for six years and that she has some difficulty understanding why minorities can only relate to mirk counselors. She pointed out that she has been coin a, by both blind and sighted counselors about being b i and that she did not feel one could necessarily ref l to the problem better than another. She added that'l felt this was analogous to the minority counseling situation at Brooklyn Center High School. Commissioner Johnson commented that blacks have ,q unique situation and that she felt this situation wa,p totally different and could not be compared with the problems of the blind. She stated that there is a. p for black students to relate to black counselors. Commissioner Lemke commented that what should r0 be looked at is the quality of counselor rather than what they are. Commissioner Miller stated that he agreed with th comments made by Chairman Weyrauch and Commi Campion regarding discrimination and the need for better communication. He added that he felt there c a need for minority counselors and that hopefully or" can be provided in the future. He pointed out the minority population in Brooklyn Center will continue to grow and this need will become even more appar~ in the future. He further stated that he is disturbed at some of the comments made during the meeting re garding racial incidents in the school district. He commented that he is not accusing anyone but adder that incidents such as these should not be tolera tee should be dealt with by the school district.. He furl stated that he hoped that racial slurs, if they are a made, will be addressed to by the school principal the school district administration. 14, -17- 4-13-78 Chairman Weyrauch asked Mr. Rossi if he cared to respond to questions involving racial slurs. Mr. Rossi stated that he agreed that if these statements and incidents are taking place they should not, and will not, be tolerated in the future. Commissioner Tolve requested clarification regarding vocational or career planning for students if the school district and inquired as to how counseling is done and students assigned. Chairman Weyrauch recognized Mr. Wallace Bernards, Principal at Brooklyn Center Junior-Senior High. He explained that there is a nineth grade career development class in which counselors address students in a large group setting,, and that afterwards students are left to seek individual counseling- on their own. Commissioner Campion stated that if nothing else came out of this meeting, he hoped there would be an elimination of a seemingly large gap in communications. He further expressed the opinion that efforts should be made for both parties to better communicate with one another. Commissioner Tolve concurred with Commissioner Campion and added that if parents do not feel their children are getting adequate counseling from the school system they should` voice'', this concern to the principal. Commissioner Kuhar stated that parents, whether they are black or white, must get together and discuss problems that exist in the school district. She added that these problems and concerns must be shown to the school board ai-d that this ',is the parents responsibility. She pointed out that the school board cannot be expected to take action to rectify problems that are not brought to their attention. She stated that the school board must know about incidents involving racial slurs, whether or not a third grader can head, and other such problems and that this information should come from the parents. She con- cluded by stating that the school board needs the feedback and that this, interaction, and the awareness that comes from it, will help the school board to operate effectively. Councilman Ihotka stated that he appreciated the comments made by members of the Commission and the opinions that have been expressed. He pointed out that he knows the decision regarding the termination of the black counselor is a final decision but added that he tr;,ouid really like to see,both parties get together again and discuss the matter. He stated that one side is speaking of dollars, numbers, ratios, declining enrollments and legal requirements and criteria while, the other party seems to be talking about 4-13-1,78 -18- r humanistic and social values. He further stated thali both factors are important and that he felt both side need a broader perspective in dealing with this prob and hoped that they could get together. Chairman Weyrauch thanked the members of the Con cerned Black Parents and spokesmen from the Scho District for presenting their opinions with respect dil this matter. He reiterated that this meeting is a rnI of public record and that anyone wishing to make written comments could do so. He concluded by st that the file will be available to interested parties thier request. Adjournment Motion by Commissioner Miller and seconded by C missioner Bradway to adjourn the meeting. The mo passed unanimously. The Brooklyn Center Human Rights Commission adjourned at 10:45 p.m. t J,} p1l 7. 1 i -19- 4-13-78