Henry County Schools Superintendent Dr. Amy Blake-Lewis addressed extra-curricular fundraising issues and the various methods used at the fiscal year close-out meeting on June 20.
“I have spent this year reviewing multiple processes and procedures of the school division. In that review, I identified areas where improvement is much needed,” she said, and cited the calendar fundraiser that took place earlier in the school year as an example.
“I was one of the people who received random text messages from multiple students soliciting my support of their calendar fundraiser,” Blake-Lewis said, and added that she asked the students if they knew who they were texting and how they had received her number.
“The responses were all similar. The students entered random numbers and stated they did not know who this number was,” Blake-Lewis said.
She also asked how the funds would be obtained and told the student that she would meet her for the exchange, which “raises serious concerns for me for the safety of our students.”
“I think that exposes students to potential danger, and I think it exposes the school system and the board to potential liability,” said Mike Gardner, attorney for the division. He elaborated on the legitimacy of fundraising liability waivers that students sign when taking on fundraising activities.
“It is my opinion that those waivers would be invalid for two reasons. One injury. Personal injury cannot be waived prior to the injury in the Commonwealth of Virginia,” Gardner said.
Injury waivers are commonly found to be invalid when an injury takes place. However, the waiver can be of some limited value for defense in the case of an adult stating that they understand a potential risk. When talking about children, this becomes much harder to uphold in court, he said.
“Children do not have the ability to waive any kind of injury, and they do not have the ability under the law to quote on quote, assume the risk of the activity in which they are engaging,” Gardner said.
“To your point, we are functionally on the hook because it’s our approved activity,” board chairman Teddy Martin Jr. asked.
“I think the risk is significant. I will put it that way,” said Gardner.
Concerns about the accounting side of fundraisers that require cash contributions also have been raised. The intent to cancel these types of fundraisers has already been addressed with principals and by email.
Blake-Lewis said she realizes the importance of sports and programs, and she will be working to launch a new program to provide support. Fundraisers will be reviewed for approval, with the goal of student safety at the forefront of each decision.
In addition, the board also decided to return the former bus garage to the county. The board held a public hearing before the bus garage was returned, but no one spoke for or against the decision.
The board also nominated Martin for the annual Advocated of Education Award.
