2-05-2024 8:21pm

Alamogordo School Board Met in Session Launched Investigations and Killed Dreamscape Learn

Chris Edwards Editor

APS Kills Dreamscape Learn Contract, continues investigations

The Alamogordo Public Schools Board of Education met in long session this afternoon well into after 7 pm Monday evening in both public, then in private and then in public session again.

Private closed door session dominated a majority of the session to discuss personnel issues, parent complaints and the legal issues around the Dreamscape Learn single source procurement contract of which has led to significant debate as of late.

The meeting began after formalities of opening with a presentation on the status of and discussion of Chaparral Middle School Building Project with significant dialog around potential cost overruns with the project. The board reviewed what may be part of a go forward plan and items that may be removed from the project and costs associated with each to move it forward. While many questions were answered even more were asked with the board ordering further review and for staff to continue with forward momentum to move the project forward.

The board then closed the session and convened behind closed doors into special session.

On the agenda for discussion in closed doors was to...

1. Meet with Legal Counsel to discuss pending or threatened litigation as permitted
under Section 10-15-1(H)(7) of the New Mexico Open Meetings Act, specifically:
a. Adella Mowery v. Alamogordo Public Schools, HRB 23-07-0541-E
b. Brianne Schulman v. Alamogordo Public Schools, EEOC Charge 486-2023-
00039

2. Meet with Legal Counsel to discuss pending or threatened litigation as permitted
under Section 10-15-1(H)(7) of the New Mexico Open Meetings Act, specifically
lawsuits the public body is considering initiating

3. Discuss limited personnel matters as permitted under Section 10-15-1 (H)(2) of the
NM Open Meetings Act; specifically:

a. For the Acting Superintendent to update the Board regarding status of pending
employee investigations involving employees on leave with pay
b. For the Board to identify and discuss referring to the Acting Superintendent for
handling, individual employee complaints related to their employment, which
fall within the Superintendent’s statutory roles and responsibilities
c. For the Board to discuss and legal counsel to advise regarding Superintendent
employment matters including
i. Superintendent’s leave status;
ii. status of Superintendent’s response to complaints provided to
Superintendent on January 11, 2024;
iii. next steps regarding complaints provided to Superintendent on
January 11, 2024; and
iv. possible approaches to handling of additional complaints

4. Discuss personally identifiable information about individual students as permitted
under Section 10-15-1 (H)(4) of the NM Open Meetings Act; specifically, for the
Board to identify and discuss referring to the Acting Superintendent for handling,
individual employee complaints related to their employment, which fall within the Superintendent’s statutory roles and responsibilities.

After several hours of special session the board then reconvened and made the following motions and actions.

It was disclosed in public session that item C2 "status of Superintendent’s response to complaints provided to Superintendent on January 11, 2024" was not discussed.

Item E of the agenda was then put into dialog with the APS attorney presenting her thoughts on the Dreamscape Learn contract and the process around the procurement. The board president read an letter from Dreamscape Learn's CEO from December with an offer to exit the contract if the new board was not comfortable with the product or process. The board president also referenced a letter from Michael Shyne offering to pay for travel to Arizona State University on his dime and to meet the creators and educators behind the program and to see it in action first hand.

The legal counsel of the APS System expressed significant concerns with the procurement process and referenced prior audit negative findings that the board had followed with another vendor and her fear was this contract process mirrors that process too closely and exposed APS to further audit and review. The attorney explained that the system was already under review from the state in relation to the Dreamscape contract and that there had been a complaint filed on the process and the state audit team asked for a response from then Superintendent Renteria who indeed filed a response timely. The attorney went on to explain her concern with the contract that it appeared to be one sided favoring the vendor, had not been through proper legal review by APS legal counsel and there were jurisdiction issues as well as 5 other glaring issues with the contract as written. Dreamscape Learn had offered to host a meeting with their counsel and APS counsel for contract review but that meeting never was scheduled by APS. Counsels concerns with the procurement also led to a question of possible criminal charges and alluded to the fact that the investigation into Mrs Renteria also included questions around the contract and procurement.

Given issues around the contract and issues of concern raised concerning the procurement process and the audit questions counsel made the recommendation to step away from the contract that existed.

Counsel also responded to Michael Shynes offer to visit Dreamscape Learn and advised the board not to entertain Mr. Shynes offer and to cancel the contract with expediency.

The board then made motions and voted unanimously to kill the contract with no discussion. (Apparently all discussion was had in closed door session)

The APS attorney referenced an audit report and a criminal charge response under report code section 12-6-6 which requires a response from the superintendent. The attorney will be filing said report on his behalf.

Next the board took up items 3 related to employment matters in open session. The topics of this discussion was leave status, handling of complaints and process technicalities. The board voted to move those issues that are under the purview of the superintendent back to the acting superintendent to handle according to board and state operational policies. The board approved an action to move forward with a scope of investigation as outlined in closed session related to the procurement of Dreamscape, the roles of staff and the role of the superintendent.

In another motion the board acted upon the responses provided by Superintendent Renteria concerning those items discussed in executive session around the investigation of her role in Dreamscape Learning Procurement and other investigations. A motion was made for legal counsel to draft a scope of investigation to cover the other complaint issues to be investigated. That motion passed again without discussion.

The board president then made a final motion of the evening to continue to leave Mrs. Renteria on paid leave as the investigations continue. Yet again the motion passed unanimously, again without discussion.

The board the adjourned the meeting without further comment.