Newton Independent

Contested primary races set for Jasper County Board of Supervisors

By PETER HUSSMANN

Jasper County Republicans and Democrats face contested primary contests for candidates seeking election to the two seats open on the Jasper County Board of Supervisors in the November election.

Denny Carpenter's 5 p.m. deadline-beating filing late this afternoon makes the Republican Party's June primary election a three-way race for placement on the November ballot.

Carpenter will join former Jasper County Supervisor Bill Ward and Colfax Mayor David Mast, a newcomer to county politics, on the June primary ballot. Carpenter and Ward were ousted by current supervisors John Parsons and Rick Tiedje four years ago.

Parsons joins three other Democrats seeking the nomination on the June primary ballot. Former supervisor Max Worthington, who was ousted in Democratic primary balloting two years ago, will face newcomers Joe Brock, former head of the county political party, and Dennis McDougall of Colfax in June.

Current supervisor Tiedje has opted not to seek a second term.

Worthington, Ward and Carpenter comprised the board's make-up four years ago.

None of the other county elected posts open this fall face competition in primary battles nor face opposition at this time, though the time-line for filing as an independent has not yet passed. 

Democrat Mike Jacobsen is seeking election to his first term in office after being appointed to the seat by the current board of supervisors following the death of long-time county attorney Steve Johnson early last year.

Long-time Democrat Jasper County Record Nancy Parrott is also running unopposed as is Jasper County Treasurer Doug Bishop, also running as a Democrat.

Clarification on appeal representation

Newton Independent

"It was pointed out to me that an article in the paper (and Newton Independent) stated that we had retained Dennis Chalupa as our attorney to appeal the school board's decision. While Mr. Chalupa has agreed to represent the appealing parent through this process, we have not yet paid him the retainer he is requesting for his service and therefore have not retained an attorney. I apologize if my wording on the matter was confusing."   - Marci Clark.

Opponents of Newton School Board decisions using social networking sites to connect

Newton Independent

Organizers of the two-pronged attack to get the decision to close Emerson Hough Elementary School overturned launched a mass-mailing letter writing campaign today through the popular social networking site Facebook.

A copy of the letter of complaint organizers hope Newton School District residents will send to board president Dennis Combs was placed on the site late this morning, in addition to a copy of a letter opponents to the school's closure have sent to state and federal lawmakers, as well as the Newton superintendent.

In addition to plans to appeal the school board's decision to the Department of Education, organizers are mounting a petition drive and letter writing campaign in hopes the board might reconsider its decision.

The letter to the school board president notes the impacts the decision has on all members of the community and asks for a reconsideration.

In addition, the letter makes several open records requests including copies of any feasibility studies comparing the two buildings, cost estimates to upgrade Woodrow Wilson to Americans With Disabilities Act compliance and records showing where each student in the district lives.

Organizers hope to present the petition and letter on Monday.

The letter to lawmakers, including Rep. Paul Bell, D-Newton; Sen. Dennis Black, D-Lynnville; Sen. Charles Grassley, R-Iowa; Sen. Tom Harkin, D-Iowa; and Rep. Leonard Boswell, D-Iowa, complains that even though Emerson Hough is the superior structure, it was closed in what organizers claim is a self-serving manner.

The social networks are also buzzing about another local group's entrance into the fray with the possibility of appealing the board's decision to realign the school building's classroom structures.

Follow the links below to read the letters and check out the latest social networking activity involving the school board's decisions.

Download Letter of Complaint

Download Letter to Lawmakers

http://www.facebook.com/group.php?gid=106852226015763

Supporters of effort to appeal decision of Emerson Hough's closure turn out en masse

By PETER HUSSMANN

About 200 impassioned Newton school district residents jammed the Emerson Hough Elementary School cafeteria Tuesday evening to lend their support and hear plans for an appeal of the Newton School Board's decision to close the historical building as an attendance center at the end of the school year.

While emotions ran high among those dumbfounded by the school board's decision, appeal organizers stressed that a successful outcome will only be achieved through a factual presentation to the State Board of Education that proves the Newton School Board made the wrong decision when it voted to close Emerson Hough.

"We have to do this with facts," said Marci Clark, one of the appeal organizers and a parent of Emerson Hough students. "We can't do this with emotion, it has to be based on facts. But we are passionate that they made the wrong decision."

Of most note Tuesday was Clark's acknowledgment that the appeal group now has legal representation through the local Brierly Law Office and attorney Denny Chalupa. Clark also said that the group plans to take the matter to the district court should the State Board of Education reject its appeal.

Appeal organizers are also gathering signatures on a petition asking that the school board reconsider its vote to close Emerson Hough. Nearly 500 signatures have been collected since starting the drive late last week.

Clark told those attending the appeal will be based on such factors as the structural superiority of Emerson Hough over Woodrow Wilson as a learning center, the district's own improvement team's ranking of Woodrow Wilson last among the district's five elementary schools in terms of functionality and appearance and the lack of an independent assessment of the two buildings prior to the board's decision.

She also outlined the criteria the appeal must address to successfully overturn the board's decision.

"A person who appeals the closing of a school must show that a reasonable person could not have found substantial credible evidence supporting the school district's decision," she quoted from a correspondence with the administrative law judge who will hear the case.

While Clark focused on the facts at hand, the emotional impact of the board's decision was still resonating with many of those in attendance.

Matt Ford, a 1986 graduate of Emerson Hough and current Cedar Rapids resident who started a Facebook page, "Help Save Emerson Hough," after hearing of the school's pending closure was animate in his disagreement with the board's decision.

"I never thought in my wildest dreams the board would choose Woodrow Wilson," he said while wheeling up and down the cafeteria's aisles, an emotional presentation caught by TV-13 cameras. "This is the only way to right this wrong. One thing that is lacking is the facts. They haven't provided us with any facts."

Appeal supporters in attendance made note of several issues that do not support the school board's decision. Many noted the school board's decision to close Emerson Hough due to larger student numbers in the southwest area of the city as a reason to keep Woodrow Wilson open is undermined by its subsequent decision that will have all the area's pre-kindergarten through third grade students attending a school outside the area next school year. Suggestions were made that an appeal of the new elementary school alignments should also be considered.

The appeal has to be filed with the Iowa Department of Education by April 21. The administrative law judge will schedule a hearing between the appellants and the school district where arguments will be presented. The judge will then write a proposed decision that will be forwarded to the state school board for consideration. The Newton school district is not compelled to cease forward movement with its plans to close Emerson Hough while a decision on the appeal is pending nor if it moves on to the district court.

Clark asked anyone with information they deem pertinent to the appeal, or those who may wish to sign the petition asking the board to reconsider, to contact the group at ehappeal@clarkcentral.net

Letter: If it ain't broke, don't fix it

To the Newton Independent:

It is once again time to break out the soap box. The (errant thinking) in our community seems to have shifted in focus from our city council to the Newton School Board. With the vote to close Emerson Hough, to the much newer vote as to how to restructure our schools, one must ask, "What are the school board members thinking?"

Before any school is built, it is always determined what student body will fill it. Something tells me that when closing a school, a decision should be made to determine who will exist in the remaining schools in advance, as well. For some reason our elected school board members have decided it was a good idea to vote on the closure of a school and then come up with the student body that will fill the remainder after the fact.

The newly voted on K-3 and 4-6 grade restructuring makes about as much sense as deciding to close the larger and more up-to-date school. As citizens and taxpayers we must ask where the idea came from and whether this drastic change to our current school structure is even warranted. Many families reside in their homes because of the close proximity to the school they wish for their child(ren) to attend. While it is understandable that some will be negatively impacted by any change in the district, is it necessary to disrupt the entire community?

From an educational standpoint, there doesn't appear to be any advantage of clumping the students together, as there will still only be the same one teacher per classroom anyway. From a safety standpoint, it makes no sense for the many additional elementary students to have to cross busy highways in order to get to their newly assigned schools. From an economic standpoint, it makes no sense for families to waste additional gas rushing around to the various schools to pick up and drop off their children. Of course, there are many more negatives that can be thought of but these are just a few that come to mind. Basically, the whole decision by the board simply doesn't make sense.

What it all boils down to is this:

In addition to wanting to know what determining factors were used to decide which school to close, it would be nice to see the information that supports the change of the current K-6 system that has been in existence for many years.

It is my belief that it is time for our board members to put the evidence supporting their decisions on paper and advertise those facts to the community.

Obviously wasting the taxpayer money to fight a battle in court is not going to be productive and will waste money the school system does not have. If there are no hard facts to support the previously made decisions, then it is time for the board members to bring their votes back to the table and show the citizens of this community that you truly do have a heart and are willing to do what is in the best interest of the students and our community as a whole.

Todd Hackathorn
Newton

Congressman Braley looking into Maytag retiree health insurance issue

By PETER HUSSMANN

Congressman Bruce Braley responded on Tuesday to Iowa Sen. Dennis Black's request to the Iowa congressional delegation that it ask federal regulators to look into the matter of Whirlpool's change of health care insurance coverage to Maytag retirees.

Two months ago Black sent letters to the state's federal representatives, as well as to president himself, asking for intervention on behalf of Maytag retirees impacted by Whirlpool's decision to bring Maytag retirees under their retiree program, a move that sparked lawsuits over whether or not the world's largest appliance manufacturer had the right to make such change due to collective bargaining agreements in place.

In his response to the Lynnville Democrat, Braley said he has contacted the Department of Labor concerning the situation.

"Within days of receiving your letter, in early March, I forwarded it to the Department of Labor (DOL) to inquire as to their authority under current law to require Whirlpool to carry out their commitment to former Maytag employees," the state's 1st District congressman's letter states.

Braley went on to note that he would need access to the collective bargaining agreements in place and the asset purchase information stemming from Whirlpool's buyout of Maytag in order to analyze "a party's obligation to perform." He said he has directed his staff members to track that information down.

The Waterloo Democrat said he is "concerned" about the impact of Whirlpool's action on Maytag retirees.

"Like you, I'm deeply concerned about the actions of Whirlpool and its effect on Maytag retirees," Braley wrote. "These workers dedicated their lives to this company and they don't deserve to be treated the way they are being treated. Please be assured that I'll continue to monitor this situation and I'll keep you updated on what I hear from the Department of Labor."

Whirlpool and Maytag's 3,000 plus Newton retirees are currently in a legal battle over the situation. A court ruling has yet to be issued concerning Whirlpool's motion for summary judgment on the matter, a move the UAW and Local 997 argue should not be granted.

Newton school board hears about its decision to close Emerson Hough

By PETER HUSSMANN

Newton School Board members took a tongue-lashing from local residents upset over the board's decision to close Emerson Hough Elementary during the open comment period of Monday night's meeting.

About a half dozen district residents took the opportunity to criticize the decision to close the school saying it was done for selfish reasons by some school board members, does not reflect the sentiment of the majority of the community and hurts the educational opportunities for students, comments that elicited applause from the approximate 100 people in attendance.

"If there is information not out there yet that will justify Woodrow Wilson, I hope you get it out soon," said retired teacher Andy Stone. "Without it we don't know why you closed Emerson Hough. It appears the board did it for purely selfish reasons and not for the good of the students. It might take some courage to overturn a really bad decision."

That sentiment was echoed by several others with emotions running to a point where board president Dennis Combs gaveled down a speaker who told member Don Poynter he should be "ashamed" for the decision he made, a move that elicited a shout that the "First Amendment has not been suspended."

"I would ask why each of you voted the way you did and against the sentiment of the community," said Nate Clark. "You voted for personal reasons. You closed the better building. You need to be transparent with the public and share why you decided the way you did."

Lois Martin, a para-pro in the district for 20 years and at the time Emerson Hough was renovated 15 years ago said the board should have looked at the buildings through the eyes of the students in making the decision.

"You didn't do what was in the best interest of the students," she said.

Sandy Kelly asked whether the board might consider an open enrollment policy for those parents and students who do not want to attend Woodrow Wilson.

Micah Cope asked the board whether a financial analysis was conducted to determine the future improvement costs necessary at each of the two schools over the course of the next 10 years.

"It is so glaringly obvious that Emerson Hough is the better school that it blows my mind," he said. "I hope going forward you change your mind and listen to what we have to say and take a different vote. This affects us all."

Pam Stone, also a retired teacher, took a softer approach by outlining the approach the district took 15 years ago to revamp Emerson Hough into a completely new structure on the inside while keeping its historical character on the outside, an effort not undertaken at Woodrow Wilson when it was rehabilitated several years ago.

"I really, really hope you think about your decision and do something for the children," she said. "I hope you reconsider."

Newton school cuts total $1.77 million

By PETER HUSSMANN

With little discussion, the Newton School Board approved $1.77 million in budget reductions for next school year, an amount the superintendent called an "ample reduction at this time."

The budget cuts are being made due to the board's decision last week to close Emerson Hough Elementary and deal with continued enrollment declines.

"I believe this is the best way to go," said Superintendent Steve McDermott in outlining his budget cut recommendations. "I believe this is a good package of solutions. We still don't know our state funding but the vast majority is in response to the decline in student enrollments. We're downsizing for lack of students."

The recommended budget cuts approved Monday are lower than recommendations McDermott released earlier this month. That package called for reductions totaling $1.89 million.

The lower cost cutting package adopted by the board increases funding at the elementary level from the cuts initially proposed. The package includes additional money for specials teaching positions, custodians and maintenance, additional money linked to the board's decision last week to keep Emerson Hough "operational" while it looks to find a reuse for the building. Total budget cuts at the elementary level are $699,500 compared to the previous recommendation of $793,500.

Cuts at the high school grew fractionally from the previous proposal through the addition of the elimination one high school football coaching position, a savings for the district of $2,500. Total cuts at the high school amount to $374,000.

The final cuts also find less money to save at the middle school compared to the initial recommendation. Instead of making the assistant principal position a half-time position, the final recommendation increases that to a three-quarter time position reducing the overall cost savings in that area by $24,000 to $282,500.

Savings at the district level stayed the same from the initial recommendation at $240,000, the majority of which is $150,000 in curricular material purchases the district will make this school year and call savings for the next school year.

The district level moves also call for the elimination of a district maintenance position, a move that lead board member Darrin Hamilton to abstain from the vote citing a conflict. Though not stated, the conflict appears to be connected to Hamilton's position as city attorney and council member Mike Hansen's position with the school district.

A reduction of a position at the central office in the 2011-2012 school year is also included producing an additional $105,000 in savings.

School board member Donna Cook questioned the reduction of two Title I reading teachers at the elementary level, noting comments made at the public hearing from parents and teachers showing an ever greater need for such services.

McDermott said with the reduction of one elementary school building, he felt the service could be offered with the eight remaining teachers, though he acknowledged he would closely watch the program's delivery next year.

"If it doesn't work, I'll be the first one to come back to ask that we put it back in the budget," he said.

Cook asked for a count of the total number of layoffs expected due to the budget cuts, in addition to the 13 staff members taking early retirement and whose positions will not be refilled.

McDermott said the total could be as many as five teachers, though he hoped the numbers could be kept down to three. He also noted that in regard to classified staff, the district will look at reduction in hours in order to keep as many positions as possible. He also noted the cuts do not impact such school programs as middle school vocal music and high school bowling. Instructional coaching positions created through the use of federal recovery funds will also continue.

"These are people and their livelihoods," McDermott said of the tough choices involved in eliminating staff positions. "This is done with regret but with the confidence in knowing what we have to do for our district."

The board voted 5-0 in favor of the cuts, with Hamilton abstaining noting a conflict.

Newton school board will make appointment to fill vacancy

By PETER HUSSMANN

The Newton School Board will appoint a replacement to fill the unexpired term of Shari Benson due to changes in state law that removed the opportunity of residents of the district to petition for a special election.

The Newton Independent this morning took down  a previous post concerning the options available to school board members in regard to filling the vacancy after learning of the changes in state code.

Jasper County Auditor and Commissioner of Elections Dennis Parrott, while researching the number of signatures needed for voters in the school district to petition for a special election, found that changes in state law that expanded the terms of school board members and moved elections to every-other-year eliminates the option for a special election, previously a long-standing option for voters.

Iowa Code Section 279.6 states that "vacancies occurring among the officers or members of a school board shall be filled by the board by appointment."

The Code section goes on to state that a person appointed to fill the vacancy on a school board "shall hold such office for the residue of the unexpired term..."

Late last week, Benson tendered her resignation, notice of which was sent to school staff in an e-mail Monday morning from school administrators. Benson had been elected to a four-year term on the Newton School Board last September, leaving approximately three and a half years remaining on her term.

The only way for a special election to be held, state code provisions state, is if the school board does not make an appointment within 30 days.

School board and district officials appeared unaware of the change in state law while discussing the issue at Monday night's meeting.

Steve McDermott, superintendent of the district, said he would gather information on the options available for the board to follow, but noted board members needed to consider the expense of holding a special election versus an appointment, especially due to the district's current budget restraints.

Just 157 of the school district's 14,900 registered voters (1.047 percent) turned out at the September school elections. Four people ran unopposed for the four open seats, including incumbents Benson, Don Poynter and Dennis Combs, along with newcomer Andy Elbert.

Newton school board sets school alignments

By PETER HUSSMANN

Lower elementary school district students will be attending either Thomas Jefferson or Berg Elementary next fall, following action Monday by the Newton School Board.

The board voted on the elementary school building grade level uses on Monday, a week after the board voted to close Emerson Hough. At the same meeting, the board voted to establish grade levels consisting of pre-kindergarten through third grade in two buildings, with fourth fifth and sixth graders split in the other two.

Woodrow Wilson and Aurora Heights will be used for upper elementary level students next year.

Newton Superintendent Steve McDermott said his recommendation for building uses was based on the size of the buildings and the fact that state code does not allow students first grade and below to be housed in second story classrooms in school buildings.

The district is continuing to identify a north-south boundary line to be used to place students in either the east or west side schools.

The board voted 5-1 to approve the new building alignment, with board member Darrin Hamilton voting no.

Hamilton questioned what steps the district might employ to ensure the safety of the influx of lower elementary school students now needing to cross Iowa Highway 14 to get to the attendance center. McDermott agreed that strong supervision of the area will be required and will report back to the board as those plans develop.

The school board also heard of principal appointments at the various elementaries for next school year.

Jolene Comer, present principal at Emerson Hough, will move to Berg Elementary. Lisa Sharp will be principal at Thomas Jefferson. Carol Farver will remain at Aurora Heights with Nancy Van Wyk at Woodrow Wilson. Current Berg Elementary principal Todd Shuster will be reassigned back to a teaching position.

Scott Bauer has been named the new principal at Berg Middle School, jumping from his current role of assistant principal to take the post being vacated by Dave Gallaher due to his retirement. The district will begin the process of filling Bauer's current role.

Charges reduced against second person in Jasper County Transit theft case; dismissed against third

By PETER HUSSMANN

The remaining two individuals charged in connection with the theft of nearly $154,000 from Jasper County's now defunct transit agency for elderly and handicapped individuals appeared in court today where charges were reduced to a misdemeanor count against one and dismissed entirely against the other.

Ray O. Sprague of Altoona and Susan M. Reese of Allison appeared at hearings today in advance of their scheduled trials on Wednesday.

Sprague, a former board member for Jasper County Transit, plead guilty today before Judge Martha Mertz to an amended charge of fraudulent practices in the third degree, an aggravated misdemeanor, for fraudulently obtaining funds from the organization in excess of $500 but not exceeding $1,000.

Sprague was charged last year with felony counts of first degree theft and on-going criminal conduct for his role in a scheme unraveled by the Iowa State Auditor's Office that "identified $153,597.31 of undeposited collections, improper disbursements and unsupported disbursements." Of the total identified by state auditor's, Sprague was attributed with misappropriating $11,114.74 from the transit agency.

Judge Mertz accepted Sprague's voluntary guilty plea to the amended charge and set May 3 as the date for sentencing.

In the amended count, Sprague admits using a credit card from the non-profit organization for personal use with a value of more than $500.

The maximum sentence Sprague faces is up to two years in prison and a fine up to $6,250, or both. The minimum sentence is a deferred judgment with a civil penalty of $625.

The Jasper County Attorney's Office today moved to have felony charges dismissed against Reese, a move granted by Judge Mertz.

Reese had been charged with first degree theft and on-going criminal misconduct for her involvement in the financial misappropriation of funds found by state auditors. Of the total amount found misappropriated, state auditors attributed a total of $15,325.16 to actions by Reese.

In moving to dismiss the charges, the county attorney said Reese was an unwitting participant in the scheme hatched by former Jasper County Transit Executive Director Mark Ackerman, who last week plead guilty to an amended charge of fraudulent practices in the first degree.

"During Mr. Ackerman's plea colloquy with the Judge taking his plea, Mr. Ackerman stated that Susan Reese was the secretary of Jasper County Transit," the motion to dismiss states. "Mr. Ackerman further stated that Susan Reese wrote checks, made cash withdrawals and paid falsified business expense claims at his direction.

"Mr. Ackerman further has stated, in a settlement conference between the Jasper County Attorney, Mr. Ackerman and Mr. Ackerman's attorney, that Ms. Reese would not have written the checks, paid the falsified claims or made cash withdrawals from Jasper County Transit without his direction."

Because criminal offenses require general intent, state prosecutors felt they would not be able to prove beyond a reasonable doubt Ms. Reese knowingly committed the offenses for which she had been charged.

"Mr Ackerman's statements regarding Ms Reese's actions as secretary of Jasper County Transit imputes the intent to commit a crime upon Mr. Ackerman and absolves Ms. Reese of the willful knowledge and intent to commit the crimes charged," the motion to dismiss states. 

Sen. Black votes no to his own spending provision

By PETER HUSSMANN

A $220 million spending bill that passed out of the Iowa Senate on Saturday and moved to the House contains $40,000 for the construction of an elderly and handicapped-accessible fishing structure at Rock Creek State Park, a provision inserted by into the bill by Sen. Dennis Black, D-Lynnville even though he was the only Democrat in the Senate to vote against its passage.

Black said the Rock Creek Improvement Association had asked for state assistance in building the structure, a special appropriation Black inserted in the funding bill for the state's horizontal and vertical infrastructure needs.

The project calls for the structure to be built on pilings, offshore, with an artificial structure placed in the water around and under the shelter to draw fish in for cover. Aerators would allow for winter fishing.

Black said the total cost of the project is between $60,000 and $80,000. The remainder of the project costs will be raised through private donations, should the measure be signed into law. 

"Swan Lake State Park has one and Lake Aquabi in Warren County has one," Black said. "They are very safe and very popular."

But what isn't popular with Black is the amount of additional "pork" included in the spending measure, a situation that led him to vote against his own provision.

"I am not a porker, never have been, and that can be proven by my record," he said. "I refuse to vote for pork barrel legislation if it is not in the best interest of the citizens."

Black said often-times these appropriations are made for the purpose of someone being re-elected.

"If you look at the RIIF bill, you will see it is full of big bucks appropriations to individual districts for projects that Iowans can do without," he said. "A million here, a million there - it's absurd."

While Black says some of the funding in the measure is essential, the additional debt the state will face through its passage lead him to his vote against the measure.

"I was the only Democrat to vote no on the bill," he said. "First, I don't want the state further in debt, although the bond retirement comes from gambling receipts. If you don't gamble at Iowa's casinos or buy lottery tickets, you don't pay anything toward the bond debt retirement. Thus, I voted against my own provision of $40,000 to the Rock Creek Lake fishing shelter. That appropriation was absolutely peanuts in regard to the overall ramifications of the bill."

Reporter's Notebook: Emerson Hough is on National Register

By PETER HUSSMANN

Here's an interesting tidbit that hasn't surfaced until recently in the hubbub over the Newton School Board's decision to close Emerson Hough Elementary - it's listed on the National Register of Historic Places.

The structure was granted the historic building designation in October 2002. I haven't as yet been able to find any documentation pertaining to the designation but certainly there must be some information available, especially since seeking the placement likely needed approval from the school board to go forward.

Now I don't know if that bit of information was ever discussed as part of building closure discussions, but it would be interesting to know what that designation might mean if no re-use for the building can be found and the school board decides at some future time to tear it down.

_____

State Board of Education lawyer Carol Greta didn't mix her words when I spoke to her on Friday on the process involved in appealing a school board's decision. In a nutshell, changing the outcome of the local school board's vote by the state board of education will be damn near impossible.

The difficulty of the situation arises from the fact that the state board can only base its decision on whether or not the Newton School Board abused its discretion in coming to the conclusion to close Emerson Hough. The appellants will have to prove the school board's decision was unreasonable and lacked rationality.

Only arguing that the decision was a bonehead move won't cut it. The appeal will have to show the decision was based on irrelevant data. And that will be tough since those in support of keeping Woodrow Wilson appeared to do so based on data that showed larger student numbers in the vicinity of the southwest Newton school compared to student numbers in the Emerson Hough area. In essence, location trumped bricks and mortar.

And Greta said school board's don't have to follow what might be the majority sentiment in a community. To put it bluntly, school board's have the right to be stupid, my words, not hers.

______

While the appeal will be an interesting endeavor, its questionable favorable outcome means that the only other course of action for Emerson Hough backers will be to get one of those supporting Woodrow Wilson to flip their vote.

Under board rules of decorum, anyone on the winning side of a motion has the right to ask for reconsideration of a past vote. With board member Darrin Hamilton switching his vote to the affirmative on the second vote in favor of keeping Woodrow Wilson open, he has the ability to ask for reconsideration, but likely won't do so until he's secured a change of heart from one of the four members voicing initial support of Woodrow Wilson.

And time appears to be of the essence. With Shari Benson's resignation effective just two days out, I bet there's some arm-twisting going on behind the scenes.

______

Finally, the school board will move on to part two of its effort to deal with its declining student enrollment and diminished state aid - budget cuts.

Previously, Superintendent Steve McDermott presented a slew of budget cutting proposals for the board's consideration. The cuts targeted more than 30 staff positions across the district that likely will impact program offerings going forward. His total figure for the coming school year topped $1.8 million with another $100,000 planned for the following school year.

On Friday I picked up the board packet in advance of tonight's 6 p.m. meeting at the Berg Middle School cafeteria. I had hoped to find some additional budget cut information in advance of the meeting so I might be able to share with readers.

Nothing. So, it looks like the public is going to get its first look at the final budget cut recommendations a few minutes before the school board takes action. I hope the school board members at least got the information.

Newton school district cuts drop-out rate nearly in half

By PETER HUSSMANN

The Newton School District cut the number of high school drop-outs nearly in half last school year, data released by the Iowa Department of Education on Friday indicates.

The school district saw 18 high school students drop out in the 2008-2009 school year, the data shows, down from 30 in the previous school year. In 2006-2007 the district recorded 34 drop-outs.

Newton school district's high school drop-out rate of 1.76 percent in the 2008-2009 school year is well below the state-wide average of 3.15 percent. The state saw a total of 4,782 students drop out of school last year, up from the 4,399 it recorded the year before, a 2.85 percent rate.

The 82 drop-outs the Newton district has recorded in the past three years far out paces the numbers in Jasper County's four other school districts.

Baxter and Lynnville-Sully each recorded just one high school drop-out over the three-year period with Colfax-Mingo recording 13 and PCM reporting 15.

All the Jasper County school district's drop-out rates are below the state-wide average.

GOP Senate District 21 candidate outlines his platform

Newton Independent

The final Republican to enter the primary race for Senate District 21, an area encompassing almost all of Jasper County and a portion of the eastern part of Polk County, outlined the areas he would focus upon  if elected to the Legislature in a press release issued Friday.

Michael Adams Jr., 44, is touting his nine years as a member of the Bondurant Farrar School Board and his experience as a business entrepreneur in his campaign.

"We have been struggling for the past couple of years with the uncertainty in allowable growth and more recently with the Democrat Governor's 10 percent across-the-board cut, which took $550,000 from our already committed and spent budget," he said, noting the school district's superintendent recently commented to him, "Mike, you can do more for our district in the Senate than you can here."

Adams, who will face Joe Purillo and Wes Enos in the June Republican primary for the right to face incumbent Sen. Dennis Black, D-Lynnville in the November election, said his business experience will also be helpful as a lawmaker. He notes that over the course of the past 20 years he's worked his way up from a labor carpenter to a successful entrepreneur.

"Because of my experience of opening and nurturing new business, as well as navigating the closure of others, I have a keen understanding of today's economy and the impact it has on citizens lives," he said.

Adams, who has also served as a Bondurant volunteer firefighter, member of the Bondurant Chamber, Bondurant Development and Bondurant Comprehensive Plan Committee, said his roots are firmly embedded in the Republican Party.

"I was a Republican when Republicans weren't cool," he said. "I am a proud supporter of the Tea Parties and hope you will join our grass root effort."

Benson resigns from Newton school board

Newton Independent

Shari Benson has resigned from her position on the Newton Community School District Board of Education effective March 31, the Newton Independent has confirmed.

Benson was elected to another term on the Newton school board in September's elections, a term not set to expire for three and a half years due to the Iowa Legislature's move last year to extend local Iowa school board election terms from three to four years. Last summer, Benson also sought appointment to the Newton City Council following the death of long-time councilman Ron Foreman.

The Newton School Board is able to either replace an appointment to the unexpired seat or move to hold a special election. Voters in the district, in the event an appointment is made by the school board, may petition to hold a special election. There is no scheduled school board election this year due to the change in state law.

Benson was on the losing side of a recent decision by the Newton School Board to keep Woodrow Wilson Elementary School open next school year and shut down Emerson Hough. She had argued that the Emerson Hough facility provided a better educational building infrastructure than the current Woodrow Wilson facility.

The Newton school board is set to meet Monday to finalize McDermott's budget cut recommendations. Previously, the school superintendent submitted financial recommendations that would eliminate more than 30 staff positions and produce a cost savings in excess of $1.8 million in next fiscal year's budget. No information was provided in school board meeting packets provided to the local media in advance of Monday's meeting on whether any changes to the superintendent's initial budget cut proposals have been made.

In addition, the school board is scheduled to decide which of the four remaining elementary school buildings will house the upper and lower elementary grade structure alignments approved last week. The board voted to implement a pre-kindergarten through third grade structure at two of the buildings and a fourth through sixth grade alignment at the other two. With Thomas Jefferson and Berg Elementary being the larger of the remaining of the remaining four elementary facilities, those two appear likely be earmarked as the lower elementary structures. Monday's board packet to the media contained no information pertaining to the proposal.

A public hearing on the budget cuts is set for 6:30 p.m. during the school board's 6 p.m meeting at the Berg Middle School cafeteria.

Successful appeal of closing Newton school no easy task

By PETER HUSSMANN

Parents planning to appeal the Newton School Board's decision to close Emerson Hough Elementary have a hard row to hoe, state department of education officials say, a fact not meant to dissuade them from going forward but rather a cautionary statement on the difficulties they face in achieving a successful outcome.

On Friday, a group of parents with students impacted by the school board's decision to close Emerson Hough announced plans to exercise their appeal rights to the state board of education. The group claims Emerson Hough is the "superior" building for continued use based on such factors as size, accessibility and future school district capacity needs. By choosing to close Emerson Hough, the group contends, residents of the district may some time in the future be asked to finance upgrades to Woodrow Wilson, a financial obligation that would not be necessary should Emerson Hough remain in use by the district.

Last Monday, the Newton School Board voted 4-3 in favor of keeping Woodrow Wilson Elementary open next school year. Board members in support of that decision noted the prevalence of student population numbers in the southwest and northeast areas of the community as a contributing factor in their decision. Those in favor of keeping Emerson Hough open based their decision on the building's superior attributes.

While all those claims may be true, the eventual outcome will revolve around whether or not the Newton School Board abused its discretion by coming to an unreasonable decision that lacked rationality, the administrative law judge likely to hear the case said in an interview with the Newton Independent on Friday.

Carol Greta said that a parent of an Emerson Hough student impacted by the school board's decision has 30 days from the date of the action to file an appeal with the Department of Education. After the signed and notarized appeal is submitted, Greta will set a hearing to gather information from both sides of the issue before penning a proposed decision that would not become final until approved by the state board of education.

Such a ruling, at the earliest, would come when the state board next meets on May 13. However, she noted, since the proposed decision must be presented to the board 20 days in advance of its meeting, the current time frame may push back any final outcome on the matter to the state board of education's following meeting, July 29.

Greta said the standard that she will have to use in coming to a decision rests on the legal principle of abuse of discretion. That standard was laid out in a 2003 Iowa Supreme Court ruling in a Sioux City case where the court overturned a decision by the State Board of Education saying the board overstepped its authority by substituting its decision over that of the Sioux City School Board. The court said the Board of Education should have limited its review to whether or not the western Iowa school board abused its discretion by coming up with an unreasonable and irrational decision.

Greta, in an e-mail sent to backers of the appeal and copied to Newton School District Superintendent Steve McDermott (and included in materials for Monday's school board meeting), explains further:

"The Iowa Legislature has given school boards sole discretion to determine how many schools to operate and which ones to operate," she wrote. "So, a person who appeals the closing of a school must show that a 'reasonable person could  not have found substantial credible evidence supporting the school district's decision.' Another way to express this standard is that the local board's decision must be found to have been completely irrational. I make no judgment about that without hearing all the evidence."

Greta goes on to note that it does not matter under the law whether or not the board ignored public sentiment.

"While my agency recommends to school boards that they seek public input, it is not a requirement that boards do so, much less that boards vote in the manner that most patrons want the board to vote," she wrote.

Greta provided the information not in an effort to thwart the appeal, but rather to ensure the potential appellants know what they face in trying to get the decision overturned.

"I would never discourage a parent from appealing, but please know that the 'abuse of discretion' standard is not an easy one to meet," she said. "I just want you to be aware that you have your work cut out for you."

And Greta noted one final twist. Not only did she previously hail from Newton but her children attended Woodrow Wilson school beginning in the early 1990s and she acted as a volunteer mentor for a number of years at Emerson Hough.

"I am familiar with both schools, but I no longer have any 'ties' to either school or to the school district," she said. "I have no reason to be biased either way regarding those school issues."

Letter: Acceptance cannot be expected without understanding

To the Newton Independent:

I have been watching with interest the decisions and recent deliberations of the Newton Community School District. As a current resident and former employee of the school district, I want the best for the community and for the children. After leaving the school district to pursue other professional goals, I made a conscious decision to maintain my home in this community because I felt it would be a good place to come back to.

A strong, forward-thinking, and competitive school district is essential to the economic development of any community. The economic downturn of the community several years ago, initiated by the departure of Maytag, signaled a need for a proactive and innovative long-term plan to stave off the consequences of a declining enrollment in the school district. This was not a sudden incident but a series of economic events that demanded immediate attention and creative scenario-building. Now it seems that the school district is forced into crisis-mode by virtue of their inaction.

The children, and an educational system that is competitive and which creates globally competitive citizens, should be at the center of all decisions of the community and school district leaders.

At this point in the region's, state's and local community's history, collaboration, open and transparent planning, and tightly synchronized actions are necessary to sustain or build a foothold in the global economy. Education continues to be the key to prosperity across socio-economic groups. Education is the key to sustaining a leadership pool which is the core of a globally competitive workforce. Education is the BEST economic development investment.

This process requires open and transparent communication, detailed communication that is grounded in the best educational research, ans which is shared and discussed across several settings in the community.

The community deserves to see the facts and financial figures that have led to the recent decisions of the school board. The specific causes of the budget shortfalls should be detailed. The specific budget savings for building closures, building changes to support the new elementary educational structure, related transportation costs, transition plan costs all need to be shared in detail with the public in several formats so that it can be studied and understood. A detailed presentation with facts, figures and assumptions needs to be made to the community in an open and timely manner for a truly open and transparent process to be claimed.

The more open and transparent the process, the more details that are shared, the less the suspicion and distrust will be associated with difficult decisions.

Acceptance cannot be expected without understanding.

Retraction without other initiatives will lead to a further negative spiral in the school district and the community. Some decisions may be irreversible and regrettable.

I, and others in the community, want to see Newton return to its status as a competitive knowledge center. There needs to be a unified and renewed commitment to developing this community and school district. We are willing to collaborate.

Bonnie Roberts Benesh
Newton

Jasper County's jobless rate at 10.8 percent

By PETER HUSSMANN

Jasper County's unemployment rate of 10.8 percent in February stands more than four percentage points higher than the state-wide average after jumping another full point from last month's rate.

The county's grim job picture was contained in state-wide details of unemployment rates released this morning by Iowa Workforce Development.

The state-wide unemployment rate stood at 6.7 percent, up from 6.6 percent in January. One year ago, the state's jobless rate stood at 5.3 percent.

Jasper County's unemployment rate jumped 1 percent in February from January's revised 9.8 percent. A year ago in February, the county jobless rate was 8.9 percent. Nationally, the unemployment rate stood at 9.7 percent in February.

February's unemployment rate in Jasper County is at the highest level included in Iowa Workforce data sets dating back to 1990.

Although Iowa Workforce officials contend the economy is beginning to show signs of improvement, it is not being reflected in jobless rates.

"Iowa's nonfarm employment has been in positive territory for two consecutive months, a sign that the state's tenuous recovery may be gaining momentum," said Elisabeth Buck, director of Workforce Development. "Continued job growth will be crucial to sustain the turnaround, which started in the second half of last year."

Statistics released today show that Jasper County recorded the same number of unemployed people in February as in January at 1,730 though the employment numbers for the county for February fell to 14,320 from 15,970 the month before.

State-wide, the report states that 112,500 Iowans were unemployed in February, up from 110,700 the month before. Total employment levels month-over-month were up just 200 from January at 1,570,400.

A map showing county-by-county jobless rates can be seen here.

Group plans appeal of Emerson Hough's closing

By PETER HUSSMANN

A group of parents concerned that the Newton school board's vote to close Emerson Hough Elementary School is not in the best interest of students, the district and the community plan to appeal the decision to the Iowa State Board of Education.

Marci Clark, one of the organizers of the effort, said today that Newton residents concerned about the decision are being invited to attend a meeting at 6 p.m. Tuesday at the Emerson Hough cafeteria to discuss efforts to move the appeal process forward.

Clark said parents from the Emerson Hough community contacted her as head of the school's PTA about what actions might be taken to turn the school board's decision. She said her involvement in the appeal process is as a resident of the district and parent of school children, not as part of her PTA responsibilities.

The Iowa State Board of Education has provided group members with information on the process that needs to be followed in order to file an appeal to stop the district from closing the building. The appeal needs to be filed within 30 days of the school board's vote, group members were told.

Clark said they plan to appeal the school board's decision based on two grounds. First, the group contends, Emerson Hough is the "superior" building for continued use based on such factors as size, accessibility and future school district capacity needs. By choosing to close Emerson Hough, the group contends, residents of the district may some time in the future be asked to finance upgrades to Woodrow Wilson, a financial obligation that would not be necessary should Emerson Hough remain in use by the district.

"We're not contesting that a school needs to be closed," Clark said. "Emerson Hough is better suited for what the district needs. This is a structural issue."

Secondly, Clark said, the group is questioning whether three members of the school board voting in favor of closing Emerson Hough may have conflicts of interest because their children attend Woodrow Wilson school. The group plans to investigate whether Dennis Combs, Joe Klingensmith and Andy Elbert should have recused themselves from the vote because of their interest in the building.

The group plans to begin circulating petitions today. Organizers of the appeal will be outside Emerson Hough Elementary at 6:30 p.m. tonight to allow those attending the school's PTA-sponsored Bingo Night to sign the petition that states that residents do not agree with the vote of the school board.

Clark said she was given permission to have the petitions on the school grounds by Superintendent Steve McDermott, who also blessed the use of the school's cafeteria for the group's meeting next Tuesday.

The effort to overturn the school board's decision is not limited to parents of Emerson Hough students, Clark said, but rather a community-wide effort among those who feel the school board made the wrong decision.

"The building is better and it may cost us in the future," she said. "As a parent and a citizen, I don't want to pay the cost five years down the road."

Those wishing to contact the group may do so by e-mailing ehappeal@clarkcentral.net

On a related note, late Thursday afternoon a Facebook page was created, Help Save Emerson Hough Elementary, that now boasts 308 fans.