Superintendents Contract Renewed By Narrow Margin

New Hanover County School Superintendent Tim Markley's contract was narrowly renewed at Junes Board of Education meeting. A vote of 4 to 3 kept Markley as superintendent. Chairman Don Hayes, Vice Chair Jeanette Nichols,  Janice Cavenaugh, and Ed Higgins voted in favor of renewing Markley's contract for another two years.

According to media reports, Markley has been involved in a number of troubling issues during his tenure. Board member concerns about Markley were reflected in a mediocre appraisal by the school board in 2014.  Markley's 2015 appraisal showed slight improvement.  

  

New Hanover County School Public Records Request Remains Incomplete After 9 Months

While school officials talk about openness and transparency, their actions speak louder than their words. A public records request submitted to the New Hanover County Public Schools remains incomplete after 9 months. New Hanover County School General Council Wayne Bullard,  whose email is now at the center of the controversy, is also in charge of completing the associated public records request.

A public records request was submitted by Dejeweski Landscaping September 11, 2014 after concerns arose regarding bidding irregularities for a contract with New Hanover County Schools. When partial information was released, an email from New Hanover County Schools General Counsel Wayne Bullard was discovered that confirmed Dejewski’s concerns had merit. The email from Bullard revealed part of the contracts specification was waived for the other bidder and that bidder was then awarded the contract.

Dejewski’s public records request, which was very specific in nature, has remained unfinished. At a special New Hanover County School meeting on January 20^th, 2015,   Bullard was again asked when the public records request would be complete. Bullard’s response was “Within a reasonable time.” That statement was made nearly 5 months ago.

According the the North Carolina Department of Justice, the government entity "should give a reasonable timetable for a response." Bullard, however, has given no specific time frame for completing this public records request. 

New Hanover County Country School Policy 9020 on Access to Public Records requires staff to provide the requested information "within three (3) business days or provide a written response stating the reason for denial or delay of the request."  

North Carolina General Statute 132 requires government entities to provide copies of public records “as promptly as possible,” but stops short of giving a specific time frame for completion. Without a court order compelling Bullard to complete the public records request, Bullard can withhold the balance of related documents indefinitely.


Click here to listen to a heated discussion on this issue which includes General Counsel Wayne Bullard and Superintendent Dr Tim Markley. The discussion begins at the 4-1/2 minute mark. 

See public records request here

Embattled Ashley High School Principal Reassigned

According to a press release from New Hanover County Schools, Ashley High School's principal Jackson Norvell has been reassigned and will be the new principal of Wrightsville Beach Elementary School.  Parents, teachers, and even students at Ashley have been pushing the school board for a change in leadership at the school since Norvell was assigned there as principal.

A 2014 Teachers Working Condition Survey showed that under Norvell's leadership there were severe issues between teachers and administration at the school. A 2015 Teachers Working Conditions survey showed that there had been slight improvement in some areas, but serious problems remained. Likewise, preliminary results from a 2015 AdvancEd survey were not good. Complete results from the Ashley AdvancEd survey have been kept from the public.

Additional stories on the reassignment:
http://www.starnewsonline.com/article/20150613/ARTICLES/150619944/1177?Title=Ashley-principal-Jackson-Norvell-reassigned-for-2015-16

http://www.wect.com/story/29313110/ashley-high-school-principal-reassigned-to-elementary-school-amid-controversy

http://www.wwaytv3.com/2015/06/13/first-on-3-embattled-principal-norvell-leaving-ashley-high-school/

News Outlets Confirm NHCSWatchdog Special Report

On May 11th NHCSWatchdogs had a Special Report that Jackson Norvell would be removed as principal from Ashley High School. On June 13th, after a press release from New Hanover County Schools, local media outlets followed with stories that confirmed the earlier NHCSWatchdog report.

Other media reports:
http://www.starnewsonline.com/article/20150613/ARTICLES/150619944/1177?Title=Ashley-principal-Jackson-Norvell-reassigned-for-2015-16

http://www.wect.com/story/29313110/ashley-high-school-principal-reassigned-to-elementary-school-amid-controversy

http://www.wwaytv3.com/2015/06/13/first-on-3-embattled-principal-norvell-leaving-ashley-high-school/

NHCS assistant principal suspended without pay, reassigned as a teacher

Repost of a WECT report: 

An assistant principal for New Hanover County Schools has been suspended without pay and reassigned to a teacher position.

Wanda Sloan, assistant principal for New Hanover High School, was suspended on May 12. According to NHCS spokesperson Valita Quattlebaum, Sloan was then suspended without pay on June 3, but reinstated June 10 as a Career and Technical Education (CTE) teacher.....

Read the complete story here:

http://www.wect.com/story/29285715/nhcs-assistant-principal-suspended-without-pay-reassigned-as-a-teacher

Release of AdvancEd Results for Ashley High School Delayed

The AdvancEd survey of Ashley High School was completed on April 16^th. According to AdvancEd, the school is to receive the report within 20 working days of the review. Nearly 7 weeks later and the survey results have still not been released to the public. New Hanover County School administrators have not given an explanation for the delay.

The AdvancEd manual states the school is to share the survey results with the community. It says specifically, “Upon receipt of the written report, the school communicates the External Review Team’s findings to internal and external stakeholders. Sharing the results of the review with a wide range of stakeholders helps educate the school community…..”

Donna James, Director of AdvancEd North Carolina, said the results are released to the school’s principal and parents may request a copy.  

Ashley Working Conditons Survey Results Skewed by Teacher Exodus

The newest Teacher Working Conditions Survey results were just released. Local media outlets were quick to report that teacher working conditions at Ashley High School were improving, but are they really? What do the results really show?

You have to hand it to the school systems public relations department. They do a great job.  They tell the media the message they want to get out, and the media types up a story accordingly.  The media reports on the newest Teachers Working Conditions Survey at Ashley are no different.

Superintendent Dr. Tim Markley even warned in a press release “it is imperative that viewers keep in mind that this is just one piece of data about each school.” His warning should be headed. The slightly improved results at Ashley are misleading at best. One very important factor that directly affected the survey results is not even mentioned in media reports.

What better way to improve your schools score than for teachers that were speaking out about deteriorating conditions at the school to leave. The exodus of teachers from Ashley High School undoubtedly had the biggest impact on the new Teachers Working Conditions Survey. A large percentage of disgruntled teaches left Ashley since principal Jackson Norvell took over. It has been reported nearly 40 employees have moved on since mid last year.  Not only did a lot of experienced teacher leave, but new teachers were brought in. Those new teachers were much less likely to complain about Norvell.

Concerns over retaliation likely kept some teachers from filling out the survey. While the survey was supposed to be anonymous, school officials were made aware that some Ashley teachers were concerned their identity might be compromised in the process. 

A 2014 North Carolina Teachers Working Conditions Survey showed that under Norvell working conditions at the school had plummeted. In emails to WWAY  teachers wrote "It has been the worst year at Ashley ever this year. Our principal is a bully and is retaliatory," Another described the school under Jackson's leadership as "A scary place to work."  In a report at Fox Wilmington, Ashley teachers said Principal Norvell has consistently punished those who spoke up in the school and that teachers are in fear for their jobs.  

Have things really changed that much? Just three weeks ago Ashley teacher Jennifer Sugerik spoke out publicly at a New Hanover County School Board of Education Meeting about the circumstances at the school. She also had letters in hand from other Ashley teachers that addressed the poor working conditions at the school. This type of action is unprecedented, but demonstrates how desperate many Ashley teachers still are for a change in leadership at their school.

NHCS Releases Teacher Working Conditions Survey Results

From the NHCS website posted 5/4/15:

NHCS Releases Teacher Working Conditions Survey Results

New Hanover County Schools recently surveyed teachers regarding working conditions. The 2015 NHCS Teacher Working Conditions Survey, based on the bi-annual North Carolina Teacher Working Conditions Survey, captures the voices of NHCS teachers. NHCS considers the survey results valuable insight from teachers and so decided to administer the survey on an annual basis. To view survey results, including data from the past three years, click the following link: http://www.nhcs.net/twcsurvey.htm.

"When viewing the survey results from the schools, it is imperative that viewers keep in mind that this is just one piece of data about each school. Additionally, what is happening at the state level is also reflected in teacher responses," said Superintendent Dr. Tim Markley. "Feedback from this survey will continue to help guide efforts to strengthen teaching and learning conditions in our schools."

http://www.nhcs.net/publicrelations/NewsReleases/twcsurvey00.htm

Time for a New Superintendent: Markley off Mark

It’s good to see there are those in the public paying attention to the problems with our school systems leadership. A local letter to the editor hits the mark and calls for a new superintendent. Our county does deserve better.  Removing Dr. Markley would be easier said than done as Markley has strong political allies in Board of Education Chairman Don Hayes and New Hanover County School General Counsel Wayne Bullard. Media reports have shown that Hayes and Bullard provide cover for Markley when needed, and Markley doesn’t hesitate to return the favor.  

Published in the Star News 5/18/2015:

Markley off mark

It's time for superintendent of New Hanover County schools Tim Markley's annual evaluation. After a fiasco, which included ... the reassigning of the superintendent's secretary, which uncovered her disproportionate high salary, and the school board's sudden adoption of a fraternization policy, Markley didn't seek an extension of his contract in 2014. Unfortunately, this year may be different ...

The personal qualities of a superintendent of schools ... are of extreme importance. I'm pleased one school board member upholds those values and gave Markley a C- last year.

Markley has two years remaining on his contract, and I urge the board not to extend it further. We can attract a more suitable, well-educated and experienced leader for our schools who can serve as an exemplary role model for our administrators, teachers and students. 

Annette Justice, Wilmington

http://www.starnewsonline.com/article/20150517/ARTICLES/150519737/1187/letters?Title=Letters-to-the-Editor-May-18-2015

Superintendent and School Attorney Disagree on Handling of Public Records Request

A behind closed door discussion involving New Hanover County School Superintendent Dr. Tim Markley and School System Attorney Wayne Bullard reveals the school system apparently does not have a firm policy on how public records request are to be handled.  According to Superintendent Dr. Tim Markley, when it comes to emails, the New Hanover County Schools IT person is supposed to take keywords and search the schools systems email server for relevant emails.

New Hanover County School General Council Wayne Bullard does it a different way. Accordingly to Bullard, he sends the records request to the applicable employees and ask that they respond back to him with any relevant emails. The obvious flaw in Bullard’s approach is that employees can simply filter any emails they do not want the public or media to be see. It also increases the likelihood that employees would simply delete any emails that might be self-incriminating.

On a recent public records request, Bullard said he sent request for emails to 20 to 30 people. When the records request had not been completed in a reasonable time, the requestor consulted the North Carolina Department of Justice. The NCDOJ recommended the school system be asked to produce time line which would show the employees involved in the request as well as when, and if, they had responded.

When asked who was not responding and why, Bullard said he could not disclose that information because it was a personnel matter. According to Bullard, personnel law prohibited him from disclosing to the public issues regarding the performance of employees. Bullard did not specifically site the laws for basis of his claim.

On the separate public records request it took General Council Bullard nearly 4 weeks to produce a copy of single contract. New Hanover County Country School Policy 9020 on Access to Public Records requires staff to provide the requested information "within three (3) business days or provide a written response stating the reason for denial or delay of the request."   

It should be a red flag when two of the top officials in our school system disagree on how public records request are to be handled. The way in which these public records request are being handled is a disservice to the public and violate the spirit of our states open records law. 

Continued Lack of Chemicals Contract Oversight by School Officials Puts Children at Risk

A contractor was once again found to be applying chemicals in violation of the New Hanover County School systems specification. On 5/2/2015 a contractor was seen spraying chemicals on Hoggard High School's softball field with hand sprayer rather than the enclosed boom sprayer required by New Hanover County School specifications. An enclosed boom sprayer is specified to limit the amount of chemicals that become air born. Wind gust that day were up to 23 mph according to weather reports.  A group of 8 year old children were practicing on the neighboring field while the chemicals were being applied. 

The video below shows the contractor applying chemicals in violation of contract requirements.

New Hanover County School Contract 218-17-15 is for Athletic Field Maintenance. Contract specification 2.3 requires the use of an enclosed boom sprayer. The contract states "Liquid herbicides and insecticide shall be applied using a sprayer with enclosed boom." According to the contract, the use of an enclosed boom sprayer is mandatory.

The school systems specification was updated this past year when experts from North Carolina State University recommended adding the enclosed boom sprayer to the school systems specification. Enclosed boom sprayers are used to minimize the release of hazardous chemicals into the environment and limit human exposure (including operators and bystanders) to those chemicals.

The potential health risk for students from the lack of oversight creates a significant liability for the school system. With the given information, a parent or employee could easily make a case for negligence against the school system.  Cornell University defines negligence as "A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.....Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."

While service providers are applying chemicals in violation of school specifications and the contract they signed, they are not solely to blame for the problem. New Hanover County School officials have been notified of the violations on multiple occasions and have made little or no effort to enforce their own standards. The contracts, which are legally binding documents, and the associated specifications on the handling of hazardous chemicals, are being violated at will with little or no concern expressed by school system officials.

New Hanover County School Public Records Request Remains Incomplete After 8 Months

While school officials talk about openness and transparency, their actions speak louder than their words. A public records request submitted to the New Hanover County Public Schools remains incomplete after 8 months. New Hanover County School General Council Wayne Bullard,  whose email is now at the center of the controversy, is also in charge of completing the associated public records request.

A public records request was submitted by Dejeweski Landscaping September 11, 2014 after concerns arose regarding bidding irregularities for a contract with New Hanover County Schools. When partial information was released, an email from New Hanover County Schools General Counsel Wayne Bullard was discovered that confirmed Dejewski’s concerns had merit. The email from Bullard revealed part of the contracts specification was waived for the other bidder and that bidder was then awarded the contract.

Dejewski’s public records request, which was very specific in nature, has remained unfinished. At a special New Hanover County School meeting on January 20^th, 2015,   Bullard was again asked when the public records request would be complete. Bullard’s response was “Within a reasonable time.” That statement was made nearly 4 months ago.

According the the North Carolina Department of Justice, the government entity "should give a reasonable timetable for a response." Bullard, however, has given no time frame for completing this public records request. 

New Hanover County Country School Policy 9020 on Access to Public Records requires staff to provide the requested information "within three (3) business days or provide a written response stating the reason for denial or delay of the request."  

North Carolina General Statute 132 requires government entities to provide copies of public records “as promptly as possible,” but stops short of giving a specific time frame for completion. Without a court order compelling Bullard to complete the public records request, Bullard can withhold the balance of related documents indefinitely.

There is no acceptable reason for Dejewski's records request not to have been fulfilled after 8 months. This is just another very alarming situation involving the leadership of our school system that is being swept under the rug. The Board of Education, along Superintendent Tim Markley, should compel General Council Bullard to complete the records request immediately. If  Bullard refuses to do so, another administrator should be appointed to complete the task.

The General Council's actions are a direct reflection on the leadership of our school system. With that in mind, the Board of Education should 1) Demand Bullard explain why the request has not been fulfilled after 8 months and 2) Ask to see any evidence of what Bullard has done to complete the request since the meeting on January 20th when he himself acknowledged the request was not complete.

Click here to listen to a heated discussion on this issue which includes General Counsel Wayne Bullard and Superintendent Dr Tim Markley. The discussion begins at the 4-1/2 minute mark. 

See public records request here

Special Report: Changes are Coming to Ashley High School

Ashley High School has been in turmoil since Jackson Norvell was appointed as principal in 2013. Parents and teacher alike have complained about deteriorating conditions at the school. Unofficial reports show that as many as 40 employees have left the school since Norvell took over. A 2014 Teacher Working Condition survey showed Ashley teachers ranked working conditions at the school the worst of all county schools.

At this month’s New Hanover County School Board meeting, an Ashley teacher finally spoke out publicly about the problems as Ashley. She pleaded with school board members to wait for the results of two more pending surveys about conditions at Ashley before making a decision on renewing Norvell’s contract. With all those issues, many at Ashley were in disbelief as they learned the New Hanover County Board of Education renewed Norvell’s contract for another year at this months Board of Education meeting.

What most do not realize is the school board was left with little choice but to renew Norvell’s contract. While there had been a lot of bad press about problems at Ashley, the assumption is Principal Norvell has had no formal complaints filed against him. Teachers repeatedly told the media and officials they feared retaliation if they spoke out, and for that reason, it is not likely any teachers had filed written complaints.  Without formal written complaints against Norvell, the school board risked a costly lawsuit by Norvell if they failed to renew his contract.

What’s important to understand is that while Norvell’s contract was renewed, the renewal was essentially for a salary amount. It does not guarantee Norvell will be principal at Ashley. With all bad press about conditions at Ashley, the school board is left with little choice but to remove Norvell from Principal at Ashley. They don’t have to fire him, they can simply transfer him to another position somewhere else in the school system.

The renewal of Norvell’s contract by the school board should not be mistaken as approval of his job performance at Ashley. It should be viewed as a means to an end. They renewed his contract because they had no choice. Now Norvell can be moved to another position in the school system before the start of the new school year without concern of a lawsuit, and Ashley High School can get it's much needed new leadership .     

Principal’s contract renewed; Ashley teacher speaks out

Repost of a story posted by WWAY.  Link includes video.

NEW HANOVER COUNTY, NC (WWAY) — Amid a flurry of controversy the New Hanover County Board of Education approved Ashley High School Principal Jackson Norvell’s contract for another 4 years. One of the schools teachers tonight though is speaking out.

Jennifer Sugerik had asked the school board to consider new survey results before renewing Norvell’s contract. Early reports from these new surveys show a similar pattern of distrust of leadership and other systemic issues. Norvell has been under the microscope since last year when survey results showed teachers were unhappy at the school. Sugerik says something has to change.

“You don’t want to see anything bad happen to it. It is like you own child you want the best for that and I think many of us feel that it’s not there,” Sugerik said of the school....

See video and rest of the story here:

http://www.wwaytv3.com/2015/05/05/principals-contract-renewed-ashley-teacher-speaks-out/

Ashley Parent Posts Comment About Conditions Under Principal Norvell / Thanks Teacher for Speaking Out

An Ashley High School parent posted the following response to a Star News article:

What a disappointment. I have been an Ashley parent for 13 years, have seen many changes in the Administration. Our school, in my and many other parents opinion, has gone down hill quickly in the past 2 years. The teachers are afraid to speak out, many are losing interest in being here, there is a feeling of bullying by the administration. This spills down to the quality of education our students are now receiving. Many excellent educators have left our school, which has been such a loss for our students. Thank you Mrs. Sugerik for being the voice for the parents and educators. I am so disappointed with the board for not allowing more time for results to come back, and to investigate the issues that are well known at Ashley High school. We will be watching the next school year, and will keep the Board on notice.

Post and related Star News Article can be read here:
http://www.starnewsonline.com/article/20150505/ARTICLES/150509867/1038/news69?Title=Ashley-teacher-speaks-out-at-board-meeting

Ashley teacher speaks out at board meeting

Repost of a Star News article where Ashley teacher Jennifer Sugerik speaks out publicly about the working conditions under principal Jackson Norvell.  

By Hannah DelaCourt
Hannah.DelaCourt@StarNewsOnline.com

Published: Tuesday, May 5, 2015 at 10:03 p.m.

Last Modified: Tuesday, May 5, 2015 at 10:03 p.m.

NEW HANOVER COUNTY | Jennifer Sugerik was the only speaker to come forward Tuesday night during the New Hanover County Board of Education meeting.

She only took about a minute to voice her plea – that the board not vote on administrative contract renewals until teacher working condition surveys and AdvancEd reports were made public later this year.

Sugerik is a music teacher at Ashley High, and she said she went to the meeting to represent some of the faculty and staff at the school who share her opinion that the board should have the complete results before renewing contracts, which includes Ashley High's Principal Jackson Norvell, who became principal two years ago.....

Read the complete story here:

http://www.starnewsonline.com/article/20150505/ARTICLES/150509867/1038/news69?Title=Ashley-teacher-speaks-out-at-board-meeting

Ashley Principal's Contract May Be Renewed Before Survey Results Are Even Reviewed

According to inside sources at Ashley High School, principal Jackson Norvell's contract will be renewed in the coming days, and may be made official at the next New Hanover County School Board of Education meeting. To the dismay of many concerned parents and teachers, it looks like Jackson's contract will be renewed even before the crucial AdvancED report is to be released to the public later this month, and before the results of a newly commissioned Teacher Working Conditions Survey results come out.

Media reports told of severe problems with the change of leadership at Ashley High School. A review of all New Hanover County schools finds that Ashley teachers rank their new leadership the worst in the county by a significant margin. 

Ashley High School has been in turmoil since Superintendent Tim Markley appointed Jackson Norvell as principal. Ashley teachers and  staff members have left the school at a record pace under Jackson's tenure.  A 2014 North Carolina Teachers Working Conditions Survey showed that under Norvell working conditions at the school had plummeted. In emails teachers wrote "It has been the worst year at Ashley ever this year. Our principal is a bully and is retaliatory," Another described the school under Jackson's leadership as "A scary place to work."  In a report at Fox Wilmington, Ashley teachers said Principal Norvell has consistently punished those who spoke up in the school and that teachers are in fear for their jobs. 

Fired Ashley TA under criminal investigation for inappropriate sexual behavior with minor

A report posted by WWAY 5/1/15

WILMINGTON, NC (WWAY) — An Ashley High School teaching assistant fired this week is under criminal investigation.

New Hanover County Sheriff’s spokesman Lt. Jerry Brewer says deputies are investigating Rebecca Ann Morgan, 25, for allegations of inappropriate sexual behavior with an underage person. He said the alleged victim is a 17-year-old female, but would not say if she is a student at Ashley. No charges have been filed, but the investigation, which began April 23, continues, Brewer says.

New Hanover County Schools spokeswoman Valita Quattlebaum says Morgan was terminated Wednesday after previously having been suspended with pay.

“We are not authorized to say the reason for the termination,” Quattlebaum wrote in an e-mail to reporters......

Read the rest of the story here:
http://www.wwaytv3.com/2015/05/01/ashley-ta-fired-district-wont-say-why/

Other stories on the subject:
http://www.starnewsonline.com/article/20150501/articles/150509982

School Board Members Vote Down Opportunity for More Transparency

When it comes to transparency within our school system, actions speak louder than words. At last month’s school board meeting, board members had the opportunity to approve a policy change that would allow for a monthly pre-agenda meeting, but it was voted down.

A pre-agenda meeting and the associated discussion would bring additional transparency to actions being considered by the board. It would also help to not only open lines of communication between the Board and the public, but between fellow board members as well. Unfortunately  four board members voted against the policy change: Chairman Don Hayes, Ed Higgins, Janice Cavenaugh, & Jeanette Nichols.

On Monday, school board member Bruce Shell sent an email to fellow Board members advocating for the pre-agenda meeting. In a reply to Shells email, fellow board member Tammy Covil commented that she was profoundly disappointed the measure had not passed.

In his email, Shell listed the following benefits for our school system to have a pre-agenda meeting:   

• Provide elevated communication among board members as well as staff.  Individual board members benefit from the questions and comments of other board members.  Senior board members have the opportunity to share knowledge with the rest of the board and consider fresh perspective from newer board members.
• Give staff opportunity to educate board members more fully on a particular topic which ultimately enhances relations between staff and Board.  Often times there are merits to an issue that are not obvious that staff can provide for a more complete understanding prior to a vote.
• Media, staff, other elected officials benefit by questions and answers.  Since no vote is taken, the focus is on understanding the issues.  The pros, cons, and unintended consequences of a positive or negative vote are more fully known. I am sure you all have taken votes in the past that more information may have been beneficial in hindsight.
• Media benefits by this discussion and is in a better position to educate the public via coverage.  While Valita and Heather do an excellent job of public relations, I believe we can do a better job of educating our public.  County Commissioners for example make funding decisions based on their understanding of School accomplishments, needs, and future impacts.
• Clarify board questions that staff may not have anticipated.  Pre agenda unanswered questions can be researched and provided at the regularly scheduled Tuesday evening meeting.
• Can foster opportunities for the public to converse with board members prior to a vote.  While that can also be a challenge it is a transparency issue with the public we serve.
• Can also have some risk.  It could entice the board to approve of disapprove an item without Tuesday discussion for efficiency sake.  That was a concern that Jeannette had.  While that is a risk, our desire to keep the public informed should undoubtedly override that challenge simply by discussion to clarify the intent of the agenda item and communication of relevant information.

The media should ask board members why they voted against this policy. We hear these same board members say they want transparency, but when given the opportunity to vote for just that, they vote against it.

Bruce Shell has it right. A pre-agenda meeting should be standard policy. We need more transparency in our school system, not less.

Lack of Contract Oversight Endangers Students Health

New Hanover County School Contract 218-17-15 is for Athletic Field Weed and Pest Control Maintenance. Contract specification 2.3 requires the use of an enclosed boom sprayer. The contract states "Liquid herbicides and insecticide shall be applied using a sprayer with enclosed boom." According to the contract, the use of an enclosed boom sprayer is not an option, it's mandatory.  

The school systems specification was updated this past year when experts from North Carolina State University recommended adding the enclosed boom sprayer to the school systems specification. Enclosed boom sprayers are used to minimize the release of hazardous chemicals into the environment and limit human exposure (including operators and bystanders) to those chemicals.

School documents and witness accounts indicate the contractor is not using the required equipment. A lack of proper oversight and failure to enforce contract requirements is putting the health of students and school employees at risk.

While the use of the enclosed boom sprayer is mandatory, school documents show that during the bidding process the contractor  that was awarded the bid did not list owning the required equipment. 

At a meeting on January 20th, months after the contract was signed, it was again brought to the attention of school officials that the vendor awarded the contracts did not list owning the crucial piece of equipment. School officials present at the meeting were Dr. Tim Markley Superintendent, Board Chairman Don Hayes, General Counsel Wayne Bullard, and Bill Hance Assistant Superintendent for Planning and Operations. It does not appear officials took any actions after the meeting to ensure contract requirements were being met.  

According to witness accounts, the contractor Trugreen Landcare was at Laney in March applying chemicals to the field by hand sprayer method rather than the specified enclosed boom sprayer. This picture confirms that account and shows Trugreen at Laney High Schools hand spraying chemicals on one of the fields. This would be a violation of contract 218-17-15.

The potential health risk for students from the lack of oversight creates a significant liability for the school system. With the given information, a parent or employee could easily make a case for negligence against the school system.  Cornell University defines negligence as "A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.....Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."

Once again we find top level officials being notified of very serious issues, and no action being taken.  This time the health of students is being put at risk, but will anything be done? Not likely....it will be ignored by all involved and swept under the rug like everything else. Is anyone paying attention here?