Why the legality of the Board matters

At the school board meeting on March 12, 2019, the Board discussed confidential student matters in the closed Executive Session between 5:30-6:30PM.

In the public session the Board voted on student matters. You can view the Board meeting on YouTube; start at 42:12 on the timer.

The first vote pertained to "Student 1", and Mr. Manning made a motion to deny the student's appeal (of suspension or transfer?) and uphold the recommendation of the administration, and Mrs. Agostini seconded.

The vote was 3-4; the motion failed.

Voting Yes (to deny) were Manning, Agostini, Caution-Parker.
Voting No were Elkins-Johnson, McKie, Shadd, Holmes

If only the legal members of the Board had voted, then the result would have been different.

Voting Yes (to deny) would have been Manning, Agostini, Caution-Parker.
Voting No would have been Elkins-Johnson, McKie, Shadd, Holmes

The motion to deny the student's appeal would have passed. Would there have been a second motion to deal with Student 1?

Because the motion was announced as Failed, the next motion made was to transfer Student 1 to Blythewood Academy.

Voting Yes were Elkins-Johnson, McKie, Shadd, Holmes
Voting No were Manning, Agostini, Caution-Parker

McKie announced that the motion passed.

HOWEVER, the true vote by legal Board members was

Voting Yes were Elkins-Johnson, McKie, Shadd, Holmes
Voting No were Manning, Agostini, Caution-Parker

Thus, the true vote was 2-3, and the motion actually failed. Student 1's transfer to Blythewood Academy was NOT approved.

If anyone knows Student 1, his parents and he should be informed of this, and they will probably want to consult with their attorney. Further, the District has an obligation to inform Student 1 of the true vote. Will it do so?

This is only one example of the problems this Board has created and which it must correct, because of its having only five legal members since November 13, 2018.

A motion was made to transfer Student 2 to Blythewood Academy. The vote was 7-0 (actually, 5-0), but the transfer was still approved.

Motion by Manning re Student 3 to deny the appeal.

The vote was 4-3, and the motion passed.

Voting Yes were Agostini, Manning, Caution-Parker, McKie

Voting No were Elkins-Johnson, Shadd, Holmes

However, when you strike the votes of the illegal members of the Board:

Voting Yes were Agostini, Manning, Caution-Parker, McKie

Voting No were Elkins-Johnson, Shadd, Holmes

The motion still passes, but the vote was 3-2.

What if an unfair liability is assigned to Blythewood Academy Principal Marylin Ross Frederick for accepting the transfer of Student 1? She's only doing her job as Principal, but now she has at least one student in her school who is not supposed to be there.

This is why Richland 2 School Board must stop conducting business with two people who are not legally seated on the Board.

Updated 3/20/19 8:08AM