Bob Derber, Park Meadows, Author at Park Record https://www.swiftcharge.net Park City and Wasatch Back News Fri, 24 Jan 2025 17:58:55 +0000 en-US hourly 1 https://www.swiftcharge.net/wp-content/uploads/2024/03/cropped-park-record-favicon-32x32.png Bob Derber, Park Meadows, Author at Park Record https://www.swiftcharge.net 32 32 235613583 School district should ask parents before allowing medical tests on kids https://www.swiftcharge.net/2013/02/13/school-district-should-ask-parents-before-allowing-medical-tests-on-kids/ Wed, 13 Feb 2013 15:00:00 +0000 http://dev.swiftcharge.net/news/school-district-should-ask-parents-before-allowing-medical-tests-on-kids/ It is concerning, to say the least, when any governmental agency collects body fluids from my child without my consent. I don't care whether the law says you can or cannot do this. The right answer is don't, unless you ask me first or have a darn good reason not to obtain my consent.

Park City School District, however, did just this. They allowed an organization to draw body cells from students by swab for analysis in a university study. The students completed and signed a questionnaire that was then attached to the bag that contained their samples.

Parents weren't asked to consent to this testing. No emergency required that it be done.

I believe this was an incredible mistake, and yet I know mistakes happen. But when a parent complained in this paper, the PCSD board president and school superintendent went on the radio defending and justifying this conduct. It was "by the book" and entirely legal, they said.

The parent simply requested that the school get our okay from now on and delay a second test until parents were informed and consented. The board said no.

That response inappropriate. The law permits many things, a good deal of which are dumb and provocative. How would you respond if parents came to the high school carrying assault rifles in today's environment? Yet, in Utah, they have that right, but none are, I hope, that stupid.

The response was, second, incorrect. The right to collect fluids and tissues from a student's body without parental consent is not settled law. Our Supreme Court has several cases before it this term, which will specifically address our constitutional right to privacy and the fidelity we may expect surrounding our bodies. In fact, the court will address the exact procedure the district used to gather cells from our kids without our consent.

The constitutionally protected rights of privacy to, and control over, our bodies, are emotionally charged. As parents, we exercise these rights on behalf of our children. People active in issues of women's' choice, stem-cell harvesting and use, and mandatory vaccination all fully appreciate the gravity of, and sensitivity toward, these rights.

The district's response shook me deep enough that I contacted the legal firm representing this matter before the Supreme Court. Notably they felt, at first blush, that the district's conduct and response was surprising. And yet the matter would likely have ended had the parent's valid concerns been acknowledged. I have two children at the high school, and did not even know the tests and surveys were being conducted on our kids.

Well-intentioned mistakes do happen. But apparently this was no mistake. The district believes it has the right to permit third-party medical testing on our children without our consent. I urge the district to reconsider. Parents deserve to be fully informed of any medical test conducted upon their children and to affirmatively consent to these tests. This is basic.

The legal climate is not so clear as the district suggests. Rather, the district is flirting with a lawsuit where, if they are wrong, they may be assessed significant costs and attorney fees in addition to damages. This we cannot afford. Why be provocative when common courtesy would satisfy all?

The post School district should ask parents before allowing medical tests on kids appeared first on Park Record.

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It is concerning, to say the least, when any governmental agency collects body fluids from my child without my consent. I don’t care whether the law says you can or cannot do this. The right answer is don’t, unless you ask me first or have a darn good reason not to obtain my consent.

Park City School District, however, did just this. They allowed an organization to draw body cells from students by swab for analysis in a university study. The students completed and signed a questionnaire that was then attached to the bag that contained their samples.

Parents weren’t asked to consent to this testing. No emergency required that it be done.

I believe this was an incredible mistake, and yet I know mistakes happen. But when a parent complained in this paper, the PCSD board president and school superintendent went on the radio defending and justifying this conduct. It was "by the book" and entirely legal, they said.

The parent simply requested that the school get our okay from now on and delay a second test until parents were informed and consented. The board said no.

That response inappropriate. The law permits many things, a good deal of which are dumb and provocative. How would you respond if parents came to the high school carrying assault rifles in today’s environment? Yet, in Utah, they have that right, but none are, I hope, that stupid.

The response was, second, incorrect. The right to collect fluids and tissues from a student’s body without parental consent is not settled law. Our Supreme Court has several cases before it this term, which will specifically address our constitutional right to privacy and the fidelity we may expect surrounding our bodies. In fact, the court will address the exact procedure the district used to gather cells from our kids without our consent.

The constitutionally protected rights of privacy to, and control over, our bodies, are emotionally charged. As parents, we exercise these rights on behalf of our children. People active in issues of women’s’ choice, stem-cell harvesting and use, and mandatory vaccination all fully appreciate the gravity of, and sensitivity toward, these rights.

The district’s response shook me deep enough that I contacted the legal firm representing this matter before the Supreme Court. Notably they felt, at first blush, that the district’s conduct and response was surprising. And yet the matter would likely have ended had the parent’s valid concerns been acknowledged. I have two children at the high school, and did not even know the tests and surveys were being conducted on our kids.

Well-intentioned mistakes do happen. But apparently this was no mistake. The district believes it has the right to permit third-party medical testing on our children without our consent. I urge the district to reconsider. Parents deserve to be fully informed of any medical test conducted upon their children and to affirmatively consent to these tests. This is basic.

The legal climate is not so clear as the district suggests. Rather, the district is flirting with a lawsuit where, if they are wrong, they may be assessed significant costs and attorney fees in addition to damages. This we cannot afford. Why be provocative when common courtesy would satisfy all?

The post School district should ask parents before allowing medical tests on kids appeared first on Park Record.

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Guest Editorial, May 26-29, 2012 https://www.swiftcharge.net/2012/05/26/guest-editorial-may-26-29-2012/ Sat, 26 May 2012 13:00:00 +0000 http://dev.swiftcharge.net/news/guest-editorial-may-26-29-2012/ I keep hearing new stories from Park City School District about a budget shortfall, why we overspend, and how we'll correct it. I run a business today and was a tax attorney and a CPA before this. What the School District is saying didn't add up, so I took a closer look.

Our district spent millions of dollars over revenues the past several years. The district's financial weaknesses was hidden by the superintendent and board's media campaign about our "rainy day fund" and, now, justifications for a tax increase. I believe no tax increase is necessary. The superintendent and board should spend more time undoing the harm created.

Let's start with the obvious. Since the 2007-2008 school year, district expenses have risen over 30% while the headcount was flat.

Mr. Timothy told us again and again our budget was "balanced." Why the need for more taxes now? The audited financials show the district spending in excess of revenue began years ago. Indeed, we have not seen such expenditure increases in decades.

District suggestions that this overage was covered by "rainy day funds" are false at best. We blew through the "rainy day fund" a long time ago. The district then took millions from the school building and educational resource funds to cover the shortfall. They told you these funds were "rainy day funds," knowing this was not the case. When we're asked tomorrow to fund a computer-science program because the funds aren't there, keep in mind why they're not there.

If general expenses jumped over 33%, and teacher compensation only 11%, where did it go? Certainly not to the teachers, but they are the ones being asked to shoulder the cutbacks to the extent tax increases don't.

Should teachers be targeted in the budget cuts? No, not until the district gets its own staffing in line. This district has many individuals who make far more than anyone at the county or Park City governments.

I was at the board meeting when the teacher contract was deferred. It was back when we knew expenses were already $3 million over revenues yet the administrators still got their pay package approved and all four of the administrating spending increase measures at that particular board meeting were passed while the teachers were placed on the back burner. Go figure.

Our district is funded mostly through property taxes. Because we value education, we gave the district the ability to raise rates under a voted leeway years ago. The district raised this rate in each of the past two years and is set to do so again to make up for the declining property values. And they say they haven't raised taxes over the past several years. They must refer to something I am not aware of, but this statement is absolutely false.

Don't expect any clear answers from the district. I attended the recent forums, and searched for information that would explain the nature of the deficit. The number has grown from $3 million last June to $4 million in September and now over $6 million. We were referred to the information posted on the district website for answers two-year-old audited financials and a two-page budget from last June that was months out of date. Yes, there were more current budgets to post, but they weren't. And yes, they could have posted an explanation, but they didn't.

I urge you to support a solid education for our students. Educators I have spoken with are more than willing to bear their share of helping balance the budget. But they rightly complain that they will not shoulder district mismanagement and balance administrative gains on educational backs. Let me add that this is true of the taxpayers as well.

I suggest, instead of a tax increase, we deserve an apology, and a measure of honesty. Absent this, we have some very important choices coming up next month in the primary elections.

The post Guest Editorial, May 26-29, 2012 appeared first on Park Record.

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I keep hearing new stories from Park City School District about a budget shortfall, why we overspend, and how we’ll correct it. I run a business today and was a tax attorney and a CPA before this. What the School District is saying didn’t add up, so I took a closer look.

Our district spent millions of dollars over revenues the past several years. The district’s financial weaknesses was hidden by the superintendent and board’s media campaign about our "rainy day fund" and, now, justifications for a tax increase. I believe no tax increase is necessary. The superintendent and board should spend more time undoing the harm created.

Let’s start with the obvious. Since the 2007-2008 school year, district expenses have risen over 30% while the headcount was flat.

Mr. Timothy told us again and again our budget was "balanced." Why the need for more taxes now? The audited financials show the district spending in excess of revenue began years ago. Indeed, we have not seen such expenditure increases in decades.

District suggestions that this overage was covered by "rainy day funds" are false at best. We blew through the "rainy day fund" a long time ago. The district then took millions from the school building and educational resource funds to cover the shortfall. They told you these funds were "rainy day funds," knowing this was not the case. When we’re asked tomorrow to fund a computer-science program because the funds aren’t there, keep in mind why they’re not there.

If general expenses jumped over 33%, and teacher compensation only 11%, where did it go? Certainly not to the teachers, but they are the ones being asked to shoulder the cutbacks to the extent tax increases don’t.

Should teachers be targeted in the budget cuts? No, not until the district gets its own staffing in line. This district has many individuals who make far more than anyone at the county or Park City governments.

I was at the board meeting when the teacher contract was deferred. It was back when we knew expenses were already $3 million over revenues yet the administrators still got their pay package approved and all four of the administrating spending increase measures at that particular board meeting were passed while the teachers were placed on the back burner. Go figure.

Our district is funded mostly through property taxes. Because we value education, we gave the district the ability to raise rates under a voted leeway years ago. The district raised this rate in each of the past two years and is set to do so again to make up for the declining property values. And they say they haven’t raised taxes over the past several years. They must refer to something I am not aware of, but this statement is absolutely false.

Don’t expect any clear answers from the district. I attended the recent forums, and searched for information that would explain the nature of the deficit. The number has grown from $3 million last June to $4 million in September and now over $6 million. We were referred to the information posted on the district website for answers two-year-old audited financials and a two-page budget from last June that was months out of date. Yes, there were more current budgets to post, but they weren’t. And yes, they could have posted an explanation, but they didn’t.

I urge you to support a solid education for our students. Educators I have spoken with are more than willing to bear their share of helping balance the budget. But they rightly complain that they will not shoulder district mismanagement and balance administrative gains on educational backs. Let me add that this is true of the taxpayers as well.

I suggest, instead of a tax increase, we deserve an apology, and a measure of honesty. Absent this, we have some very important choices coming up next month in the primary elections.

The post Guest Editorial, May 26-29, 2012 appeared first on Park Record.

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