UPDATED: Ice storm response, Fairview policy discussed at Alpena Public Schools board meeting

News Photo by Reagan Voetberg Alpena Public Schools Board Member Eric Lawson, Secretary Summer Seigler, Superintendent Dave Rabbideau, and Board President Anna Meinhardt sit at the Board of Education meeting on Monday night.
ALPENA — At its workshop meeting on Monday night, the Alpena Public Schools Board of Education discussed ice storm response, a book study it’s about to begin, and the Fairview Community Schools student physical privacy policy.
APS Superintendent Dave Rabbideau said that Rep. Cam Cavitt, Gov. Gretchen Whitmer, and State Superintendent Michael Rice have all made statements saying that they are working on granting schools forgiveness for days missed during the ice storm emergency.
It technically has to go through the legislature to forgive those days, which is in progress, Rabbideau said.
Before the ice storm, APS had seven snow days, Rabbideau said. School districts are allowed six snow days. If they go above those six days, the next three can be waived. Any days above that have to be added on to the school year.
Rabbideau said that the district put 181 days into their calendar this year, one day over the required 180, so they actually get seven snow days that do not need to be waived. Three of the ice storm days will go through the usual waiver process, and the rest will likely be waived due to the state of emergency.
Over the next four months, the board and superintendent will be reading the book “Great On Their Behalf: Why School Boards Fail, How Yours Can Become Effective”, written by Airick Journey Crabill. They will be discussing the book at their workshop meetings for the next four months.
The book study is especially timely as public commentators at the March 24 board meeting showed concern that the board is not collaborating well and is prone to micromanagement.
Rabbideau decided to read the book with the board based on a recommendation he heard from the School Superintendents Association when he attended the March session.
Also at its regular meeting on March 24, the board discussed a student physical privacy policy from Fairview Community Schools that lays out rules for the use of restrooms, locker rooms, and showers by gender non-conforming students. Fairview’s policy dictates that facilities that are designated for one biological sex shall only be used by members of that biological sex.
In the policy, biological sex is defined as “the biological condition of being male or female as determined at birth based on physical differences, or, when necessary, at the chromosomal level.”
At the last meeting, community members spoke up about the policy, saying that there is already a process in place at Alpena High School where gender non-conforming students and their parents talk to staff and administrators to come to a solution about bathroom usage. Those who spoke up said that they see no need to make a policy modeled after Fairview’s, as there have been no complaints with the current procedure.
A letter from community member Janet Fairchild was read at Monday night’s meeting saying that state law mandates that school physical privacy policies let students use facilities that align with their gender identity over their biological sex.
Rabbideau said that the Fairview policy would be in violation of the district’s anti-harassment policies, according to a conversation he had with Thrun Law Firm.
Board member Monica Dziesinski was concerned that not having a policy in place would violate an executive order. The exact executive order being referred to was not stated, however, it could be implied that it had to do with biological sex and gender identity.
According to Rabbideau Thrun said that not having a policy would not be in violation of the aforementioned executive order since that order does not dictate that a district must have a policy in place.
Thrun also said that the Fairview policy is in violation of the Elliot-Larsen civil rights law, which could invite complaints or grievances. The Elliot-Larsen civil rights law is a law in the state of Michigan that prohibits discrimination on the basis of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, or marital status.
Dziesinski responded saying that she would still like a first reading of the policy at the next meeting to be in compliance with federal law.
“Usually when there’s conflict between state law and federal law, federal law does go over Michigan law,” she said. “…And as far as the executive order, we’re talking about Title IX, not necessarily just the executive order.”
Board member Eric Hansen said that he was not opposed to having discussions about the Fairview policy.
“I think that having discussions is certainly a reasonable thing,” he said. “My reservation falls in the fact that things are unfolding so rapidly that we don’t — It’s more of a moving target. We don’t know where the laws or the executive orders or the guidance is going to end up.
“Although I am completely in favor of having conversation on this, I think that at a later time would be more appropriate,” Hansen concluded.
Board President Anna Meinhardt thought that the district is sitting in a good spot where there is no policy in violation of the current executive order. Policies like the one at Fairview have drawn the attention of the American Civil Liberties Union (ACLU), Meinhardt said, and she would not like to see a lawsuit from them since it would cost the district money to defend itself in court.
“Part of our board responsibility is to be fiscally responsible for our district,” she said.
She also did not see a reason for modifying the policy when no complaints have been made about the current process.
Board member Eric Lawson was not concerned about litigation from the ACLU, and agreed with Dziesinski that federal law is more important to consider.
“Personally, I’m not worried about an activist organization sending us an email,” Lawson said, referring to the ACLU. “But I am worried about the federal government, and I still believe that the larger financial risk comes from being out of alignment with the federal government’s dictates on this question.”
Meinhardt suggested that the reason this policy is being brought up is for personal or political gain.
“It’s not coming to us because the staff has concerns,” she said. “It’s not coming to us because the students have concerns. The only reason it’s coming to us is what? Is it a personal or political gain? I just can’t wrap my head around it.”
Dziesinski responded to Meinhardt.
“As far as the board functioning together, I think stating about political, personal gains, agendas, voting for friends, I think it kind of needs to stop,” she said. “I mean, we want to collaborate together.
“That is not why I’m bringing this forward,” Dziesinski said. “I’m bringing this forward because I’ve been reading up on losing federal funding and I do not want to lose that.”
At the next workshop meeting, there will be another legal opinion from Kallman and a potential first reading, depending on legal advice.
IN OTHER BUSINESS
— Alpena-Montmorency-Alcona Educational Service District Superintendent Justin Gluesing presented on the SOAR room partnership at Ella White Elementary. The SOAR room is for students struggling with learning in a general education environment. Students come into the SOAR room, and depending on their IEP, they spend most of their class time there. As they make progress, they transition to the general education environment. The board will vote on whether to continue the partnership at their April regular board meeting.
— Rob Atkins, president and bond campaign specialist at KingScott, Laura Casai, project director at KingScott, Fred Gagnier, project director at Clark, and Craig Froggett, bond campaign specialist at Clark, presented on the facility master plan development process for APS. APS is trying to plan out the use of its facilities in the future as enrollment continues to decline.
“This whole effort is really about creating a sustainable future for Alpena Public Schools,” Atkins said.
They are looking to start the data collection process this month, upon the board’s approval. The board will vote to start the project with KingScott at their April 28 board meeting.
— The board discussed changing the wording of Policy 1210 Board-Superintendent Relationship.
Dziesinski suggested changing the second sentence of the policy from “policy should not be originated or changed without the recommendation of the Superintendent” to “Therefore… the board shall not originate or amend a policy without first giving the superintendent the opportunity to provide recommendations or input.”
— Discussed a new course at Thunder Bay Junior High and made a motion to approve a new English Language Arts course: Advanced English for grades six, seven, and eight to be offered during the 2025-2026 school year. The board voted unanimously to pass the motion.
— Made a motion to approve a new English Language Arts course: Eng 1050 Practical Writing for grades 10, 11, and 12 to be offered during the 2025-2026 school year. The board voted unanimously to pass the motion.
— The board moved to a closed session to discuss a graduation requirement waiver request. Back in open session, they made a motion to approve the waiver of the state MME testing graduation requirement for two students. The board voted unanimously to pass the motion.
— The board decided to push their visit to Hinks and Besser elementary to next school year, as it will be difficult to reschedule with the end of the school year coming up.
This story has been updated to reflect that the board member agreeing with Dziesinski is Eric Lawson and that the legal group is named Kallman. This information was incorrect in an earlier version of the story