As you no doubt recall, Alderperson Sheri Hartzheim (District 13) and several other parents sought to give in-person public comments at the 09/13/2021 Appleton Area School District Board of Education meeting and were denied entry when they declined to wear masks.
During the interaction between Assistant Superintendent Matt Zimmerman and the members of the public speaking to speak, he mentioned that there were accomodations available but that speakers needed to notify the district 24 hours in advance.
You can read the relevant portion of the conversation below:
Sheri Hartzheim: “So, if I go in now I cannot go in unless I wear a mask? And if I wait to speak, when I’m ready to speak I will be precluded from going in without a mask on?”
Matt Zimmerman: “Unless you wear a mask”
A woman’s voice: “Eventhough you’re socially distanced.”
Sheri Hartzheim: “Eventhough I’m signed up to speak”
Matt Zimmerman: “Correct. There are accomodations. I mean there was something that said we need 24 hours for accomodations. To let us know 24 hours ahead of time. We could then talk about it and work something out. Certainly you have a virtual option to speak, if you’d like, but in order to be on our property…”
Sheri Hartzheim: “What about parents who cannot speak virutally and who have mask exemptions? Personal mask exemptions.”
Matt Zimmerman: “Those are times where if they contact…”
Sheri Hartzheim: “I did not receive any notification…”
Matt Zimmerman: “I believe it’s right on the Board Documents in the agenda. So again, if you wish to speak you are welcome to speak, but you need to wear a mask.”
The meeting agendas do indeed state, “Any special needs or any requests for accommodations related to accessing the meeting should be sent to Clara Kopplinger, at kopplingerclar@aasd.k12.wi.us or (920) 832-6126, at least 24-hours in advance of the meeting. This would include any person for whom it would be burdensome or infeasible to use the primary method(s) of remote access established by the District.”
I reached out to Clara Kopplinger to get a better idea of how those accomodations worked and what they might look like, and I received a response from Superintendent Judy Baseman. It turns out that the actual notification period is not 24 hours as stated on the agenda but rather 1 business day, so any member of the public seeking accomodations to speak at a Board of Education meeting would need to submit their request sometime on the Friday before the Board meeting on Monday. It also turns out that, although Assistant Superintendent Zimmerman brought this up as an option to the people seeking to give mask free in-person public comment at Monday’s meeting, it was not applicable to their situation. As Superintendent Baseman states in her email, “If I understand your question correctly, I should be clear that no one is permitted to address the Board, in person, during a period of public comment at a Board meeting without wearing a mask.”
The full text of her email is below:
I wanted to get back to you on your message from Tuesday concerning public access to District facilities and accommodations that are extended to individuals that may be unable or unwilling to wear a face mask.
Our District follows several procedures that are calculated to ensure that members of the public have access to Board meetings. However, the District has also implemented procedures to provide for public safety at those meetings because of the COVID-19 pandemic. The District balances these requirements to ensure public access to meetings, while maximizing safety for all concerned.
Scientific evidence establishes that face masks are an effective tool to prevent the transmission of COVID-19. The District has also concluded that face masks should be required in our current environment, based on available data concerning the volume, concentration, and detectable patterns in the spread of COVID-19 in our area. As a result, students, staff, and members of the public are not allowed to enter District premises, unless they are wearing a mask or are entitled to some form of accommodation that includes being relieved of the District’s mask requirement.
Your specific question asks for “…an overview of the accommodations that would be provided for a member of the public who wishes to speak in-person, but maskless and who contacts you at least 24 hours before the meeting”.
Before responding, I should note that my answer is qualified by certain factors. First, the 24 hour rule in this instance is based on business days so that the District has time to evaluate and address an individual’s accommodation needs. Consequently, members of the public are encouraged to call for accommodations as early as possible but, for example, no later than Friday if the meeting in question takes place the following Monday.
In addition, it is not possible to identify every accommodation that might be provided (“an overview” was requested), because we often must tailor accommodations to specific individuals’ needs and also want to at least consider accommodations that our citizens may request. While enumerating all possible accommodations isn’t possible, we can, however, share some of the procedures we use to accommodate eligible citizens (see below).
Finally, your question is not about citizens who, more generally, simply wish to attend a school board meeting. Instead, your question appears to concern only those persons that wish to appear in-person at the meeting, without a mask, to speak directly to the Board as part of a period of public comment. If I understand your question correctly, I should be clear that no one is permitted to address the Board, in person, during a period of public comment at a Board meeting without wearing a mask.
We do take steps to ensure that persons who are unable or are not willing to wear a mask still have access to the Board’s meetings. These individuals still have virtual access to the meeting under procedures that have been approved by the Wisconsin Attorney General.
However, individuals who refuse to wear a mask are not, without more, entitled to accommodation(s), since they are not disabled under the law. Similarly, when a disabled person cannot wear a mask for competent medical reasons, we will accommodate them for their disability to make sure they have access to the Board meeting. Individuals who cannot or will not wear a mask can provide their comments in writing or through virtual communications; neither group is permitted to attend the Board meeting in person without a mask. Therefore, our procedures do not include allowing individuals to address the Board in person when they refuse to wear a mask.
The District efforts to accommodate citizens in order to provide meaningful access to Board meetings are ongoing. The District will also provide space with a viewing area for indigent individuals who cannot afford to buy a device to access the Board meeting virtually. As noted, the District provides virtual access to individuals that cannot or will not wear a mask, and public comments can be provided virtually or through written comments.
As a result, everyone that is permitted into the Board’s meeting room (if anyone) must wear a mask, but the District makes sure that everyone else has access to the Board meeting and can participate in a period of public comment.
Thank you.
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