'Totally disregarded': APS board member says superintendent went around their votes

On its surface, a lengthy discussion at the Akron Public Schools board meeting Monday night was about how to transport one child to school.

But that one child's path to access a free, appropriate public education as a student with a disability quickly became a lightning rod between the Akron Public Schools board and its superintendent amid accusations he had gone around the board's wishes and previous votes out of haste.

"This is serious," board member Barbara Sykes said during the meeting. "When we pass resolutions here, this is our law. And I believe that it is being totally disregarded, because you didn't have the time."

She specifically stated her comments were directed at Superintendent Michael Robinson.

The school board rejected the superintendent's plan to transport the child, which administrators said had already been set into motion before seeking board approval due to an immediate need to follow the student's individualized education plan, per state law.

The administration did not respond to emailed questions and requests for comment this week.

Disagreement stems from dispute over independent van drivers for Akron schools

The conflict over this one student brought back to the surface a longstanding issue with the district's independent contractors, who drive vans for the majority of students with disabilities to get to and from school every day.

Those drivers last year tried to bring up issues with their pay and the use of third-party companies to take routes away from them.

This spring, the administration brought a contract to the board that would have completely done away with the use of independent contractors, forcing them to go work for that company, Templeton Transportation LLC, if they wanted to continue driving APS students.

The board rejected the contract. The superintendent brought it back last month over the objections of Sykes, who noted for the record several times that the board never agreed to reconsider it.

This time, Robinson proposed Templeton be used only to supplement the van drivers. The board agreed, but added a line in the resolution that the independent van drivers would have first consideration for any routes before they were offered to Templeton.

But on Monday's agenda, administration brought forth a contract with Suburban Transportation Company Inc. for $14,000 to drive one student to the Ohio State School for the Blind. The child is entitled to transportation through Akron Public Schools. The money was to come out of federal funding for students with disabilities .

The student is taken to Columbus on Sunday evening and stays there through Friday afternoon.

Board members asked the administration why the independent van drivers were not given first consideration to take on the route, as the board had required in its resolution, or even Templeton.

Administrators stated there wasn't time. Robinson also noted the student had special equipment.

The student previously attended school locally and was transported with an independent contractor van.

'When we vote, I expect it not to be taken lightly'

Board members who voted against the contract this week cited those previous resolutions that dictate how children with disabilities, along with students experiencing homelessness, are to be transported to school.

"We voted," Sykes said. "When we vote, I expect it not to be taken lightly."

Sykes said the superintendent had put the board in the position of going against its previous votes, and without an upfront explanation of why it was necessary.

"Of course we want this child to go back and forth," Sykes said. "Of course we want this child to do that. Of course we understand the severity of this is. Of course we understand how difficult transportation is. We understand that. But understand us. And what you are doing and what you are doing to us."

Van driver agrees new proposal goes against board's previous vote

Brandy Vickers, a van driver who often speaks on behalf of the roughly 110 independent drivers for the district, spoke at the beginning of the meeting and said she believed the contract to transport this one student went against the board's previous vote to prioritize the independent drivers, many of whom have served APS kids for decades.

"The meetings that I've watched or attended prior versus what I see on your agenda today, (it) doesn't seem like the directives that you ordered (are) necessarily what is being followed," Vickers said.

Sykes said if the van drivers had accommodated this child locally, they could probably drive a little bit farther, too.

"It's OK if they drove a blind child from home to Firestone, from home to Buchtel — the road also leads to Columbus," Sykes said. "I think they can still drive there too. It's the same — it's the same process. You know, you can't run over anybody, you've gotta stop at red lights, you gotta go at green lights, you gotta turn where you say... It's the same driving. So that is the question. And if you have not done that, then the answer is you didn't have the time — it's not acceptable."

The board voted 4-1 against approving the contract. Board member Job Esau Perry was the only one to support it. Board President Diana Autry and member Bruce Alexander were absent.

"It's clear as Member Sykes said, we passed resolutions, and people just do what they feel… it almost seems the role of a board member is not just perfunctory," Board Vice President Carla Jackson said. "There is business the board must do and the board must approve."

Sykes said if there needs to be an exception, the board could consider it with all the information up front.

"At least give us the courtesy and the respect to say we've looked at all options, we've done this, there's no way we can do it," she said. "But don't just send this to us and say 'if you've got a question give us a call.' I'm not saying that to my constituents."

'We control the money'

It's now unclear how that child will be transported. The administration did not provide that information to the board during Monday's meeting.

The district had already entered into an agreement with Suburban Transportation, however, which transported that student at least once.

"I guess I'm wondering why we're voting on it if it's already been implemented," board member Summer Hall asked at one point.

Sykes asked the superintendent how the administration planned to pay Suburban for the work already performed now that the board had rejected the contract. The superintendent said he did not know.

"We also control the pocketbook," Sykes said. "We control the money, in case you don't know that too. We have the vote, we have the money, and we have the people expecting us as elected officials to this board to do what we say we are going to do. So, courtesy please, respect, please, understand the situation that we are in here."

Contact education reporter Jennifer Pignolet at jpignolet@thebeaconjournal.com, at 330-996-3216 or on Twitter @JenPignolet.

This article originally appeared on Akron Beacon Journal: 'Totally disregarded': APS board member says superintendent went around their votes