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Secondary School Options Committee Report
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Tony de la Pena
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Feb 28, 2004 05:37 PST
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SOME PRELIMINARY THOUGHTS ON THE SSOC REPORT
It is indeed unfortunate that the Secondary School Options =
Committee Report ("SSOCR") had to arrive in our mail boxes so very =
close to the date of our annual meeting, thereby leaving little =
time for a thorough review and analysis of its content, and for =
comprehensive commentary on its conclusions and recommendations. As =
it is, comments at this stage must necessarily be general, =
tentative, incomplete and brief.
Although undoubtedly a product of much effort; it seems to lack an =
awareness of the immediacy and seriousness of the problems facing =
our community; it dwells at length on information widely and =
repeatedly disseminated, discussed and debated for months before =
and during the 2003 meetings; and it fails to recommend how to =
confront the situation in an effective and proactive way.
SSOC leaves us exactly where we were twelve months ago, with an =
increase in tuition for the 2004-2005 school year, with the =
prospects that the Academy will proceed with its expansion plans =
(in one form or another), with the expectation of even greater =
tuition increases in the future; and with no recourse except the =
goodwill of the Academy.
The recital of the history of the Academy, in the context of the =
town of Thetford, is very interesting, impressive and indeed =
compelling; however even the newest resident can not fail to =
appreciate immediately the very special position of the Academy in =
and to our community, even in the absence of a "generational =
relationship", whatever that may mean. Perhaps a corollary to what =
is suggested as a possible insensitivity of "newcomers with only a =
few years of residency", is the not uncommon failing of some who =
remember a real or even an idealized past, but who are unwilling or =
unable to recognize that great changes are occurring and that it is =
necessary to confront these changes.
No one can deny the obvious fact that the overwhelming majority of =
the Academy's self-perpetuating Board of Trustees is composed of =
Thetford residents. Undoubtedly they have served the Academy well =
and competently, but perhaps this does not always coincide with the =
best interests of our town residents. Obviously this is not due to =
a lack of concern for the latter; perhaps it is the result of a not =
uncommon trait among institutional fiduciaries of identifying with =
and focusing unduly on the perceived needs and goals of the =
institution that they serve. A not precise parallel is to be found =
in the self-perpetuating boards of reputable public business =
corporations (this is not a reference to the Enrons, WorldComs, =
Tycos, and the like) whose boards, duty bound to represent =
shareholder interests, in seeming good faith ignore and/or endorse =
outlandish business practices, accounting manipulations and =
confiscatory compensation packages for senior managers which are =
detrimental to shareholders. There is also the obvious fact that we =
can differ as to what we think is in the best interest of our =
residents.
This can be the only explanation why in the face of the second =
highest tuition in the Upper Valley and with the prospects of a 20% =
decline in enrollment over the next 6 years, the Academy Board =
appears to have gone along with a $6,500,000 Strategic Plan (which =
is estimated to add in-excess of $1000 to student tuition), while =
presumably being aware that by the year 2010 the tuition per =
student can be expected to increase by an additional $2000 plus, as =
a result of a forecasted fall in enrollment. Similarly it is hard =
to understand the acceptance of the idea that further land =
acquisition should be explored "...south of the campus to =
facilitate long-term campus improvements", while the Academy =
already holds title to some 280 acres of land.
This is not intended as a reproach of those who have served and are =
now serving the Academy well. It is merely intended to suggest that =
a majority of the board should be composed of town residents =
elected by and representatives of the Town, and that they not be =
selected and appointed by the Academy's senior staff and fellow =
board members.
There are two other matters that merit very brief comment, as time =
will allow.
In its Overview, the SSOCR states that "(t)he range of options =
available to the town is limited" and that "(t)hat some changes can =
only be undertaken by the Academy itself". It then suggests some =
actions that the School Board can take, all of which will require =
the acquiescence of the Academy, and none of which give town =
residents effective oversight over the operation of the Academy.
Very, very preliminary research suggests that if the Academy were =
unwilling to make changes deemed necessary to provide effective =
oversight of the Academy by town residents, the School Board, =
acting for the town, appears to be empowered to initiate eminent =
domain proceedings, with the objective of taking over the Academy =
for public use. This is provided for by Article 2 of Chapter 1 of =
the Vermont Constitution and by Section 560 of Chapter 9 of Title =
16 of the Vermont Code.=20
An alternative and more limited action (assuming that it fits our =
situation, is recognized in Vermont and can be employed for our =
purposes) involves a regulatory taking by eminent domain. It would =
appear to allow imposing of conditions and/or restrictions on =
private use of land.=20
Time constraints have not permitted the exploration as to whether =
the legal theory of Dedication is applicable to our fact situation, =
and whether it can be invoked to the Town's advantage, nor has it =
been possible to explore under what circumstances, if any, the =
dissolution of a non-profit association can be obtained, and =
whether it is applicable to our situation.
The above is not intended to suggest or to recommend that any of =
these obviously confrontational, drastic and draconian actions, if =
available, should be taken. The purpose of this very general =
recital is solely to suggest that the Town of Thetford is not quite =
as helpless as is stated in SSOCR.=20
Clearly the best option appears to be an agreement between the Town =
and the Academy, by which the Academy will remain a private =
institution, but by which its governance would be changed, in one =
way or another, to give Thetford residents effective oversight over =
all or the critical decisions of the Academy.
The above is not intended to be in derogation of the dedication, =
efforts, competence, and educational acumen of the administrative =
staffs, teachers and board members of our two schools, nor of the =
quality of the education that our children are clearly receiving.
However, there are serious differences in perception as to where we =
are going, whether this is the direction in which we should go to =
ensure an affordable education for all children in Thetford, and =
what changes should be made to insure that we go in the right =
direction. These questions should be addressed without delay.
Salutations
Tony de la Pe=F1a
=09
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