The photo on the screen is the current plan for new bathrooms at Prairie View Elementary School under renovation in Devils Lake. Note the three doors on the left will be for boys and the three on the right will be for girls. The issue under discussion and debate at more than one previous school board meetings is the height and length of the “wall” that separates the sinks on the left from the sinks on the right. (Photo taken at the Oct. 14 7 a.m. Special Meeting of the Devils Lake School Board, photo credit goes to Louise Oleson)
The Attorney General’s opinion will be sought to clarify new law in the N.D. Century Code
The vote was 3 to 2 in favor of going forward with the original plans for the bathrooms in the Prairie View renovation and addition.
Also, they decided that the school board would request from the North Dakota Attorney General Drew H. Wrigley a formal opinion on the matter before them, clarifying a new law now on the books in N.D.
According to one school board member, the new law, or laws, that govern the issue that stem the recent passage of bill number 1144, the directives are not clear.
Attempting to do their due dilligence, they asked for and received an opinion from the Assistant Attorney General, who did render an unofficial opinion that the plans, as they are drawn, would not violate the law. Using that information, the board voted at the previous school board meeting, to go forward with the plans as they exist.
However, according to the discussion at the 7 a.m. Tuesday, Oct. 14 special meeting of the school board addressed this issue, once again and several alternative plans were considered.
Superintendent Ned Clooten presented four alternatives to consider and each was explained. He even emphasized one choice over the others, himself.
The first choice was basically to leave the plan as it existed now, without modification. A number of the board members stated their opinions on the issue. Some were clearly for making a change in the plans which would involve an official change order and may involve considerable cost to the district, but would definitely align with their interpretation of the current law.
However, the same number of school board members expressed that they thought if they went with that choice and someone registered a complaint, pressing the issue, the school district could end up being sued or paying a fine, or both, if their choice did not comply with the law.
But what was the law?
That seemed to be unclear to most of the members, as well, so after all the discussion was completed, school board member Emily Foss moved to accept the second option which included the same action as the first, leave the plan as it exists adding that they would ask for the Attorney General’s official ruling on the law that is now part of North Dakota Century Code.
The vote was three to two in favor of Foss’ motion.
The company that is doing the renovation and addition of Prairie View will continue to be working in the community for an additional length of time because from Prairie View’s work they move to Central Middle School and that renovation project. If the Attorney General’s official decision sides with the current plans, then they will be okay and the issue settled for once and for all, hopefully.
The main problem is that the official decision could take approximately six months to one year to be issued. No one wanted to hold up progress on the renovations in the meantime as they wait for the decision to be handed down.
If the A.G. decides that the current plan is not in compliance with the new law/laws, then the company doing the renovating will be in the community already and be able to make whatever changes or modifications necessary to the wall separating the sinks in the two sides of the bathroom area, or suite, without the high cost of contractor mobilization or the higher costs and added wait time involved in developing a change order to the current contract with the General Contractor.
It was the consensus of a majority of the members at the meeting that this action taken today should bring an end to this “bathroom non-issue” once and for all.
