The Marion School Board declined to answer any questions KCRG-TV9's Chief Investigative Reporter Josh Scheinblum asked at its board meeting two weeks ago on advice of counsel. Monday, in response to those questions, it released a detailed account of its handling of the sexual abuse of kindergartners by then 15-year-old classroom volunteer, Logan McMurin. It's the first full account it has released publicly since the allegations arose but it contradicts other information KCRG-TV9 has found.

The statement says the district learned of the allegations on October 24th. The district says it immediately removed the student in question from the school environment. However, lawsuits parents of victims filed against the district claim the volunteer was still in the classroom, even after parents complained to district officials.

It also notes the open records requests KCRG-TV9 made with the district asking for its policies on vetting student volunteers. The district provided a student handbook but that handbook did not contain any mention of screening volunteers. The board passed new rules for volunteers last December, after the abuse allegations arose. However, Superintendent Chris Dyer admitted to TV9 the district is still not routinely screening its volunteers juvenile record.

"Are they (school officials) looking into their juvenile record?" Scheinblum asked Dyer in early Febuary.

"No," said Dyer.

The School board also claims it fully complied with several other open records requests we made - including for emails regarding the case. The district gave KCRG-TV9 12 emails, three of them were our own emails. It also refused to hand over many other emails, citing staff and student privacy laws. The district even refused to tell us how many emails it was blocking. But parents provided us with emails the district sent them - not included in the ones the district gave us - that would not fall under those privacy rules. KCRG-TV9 has filed a complaint with the Iowa Public Information Board to release more of those emails.

The district's statement also includes several other details that KCRG-TV9 has previously reported, like that Marion police answered questions at a school board meeting in November and that district officials did notify and respond to select parents about the case. But the school district has repeatedly refused to answer follow-up questions or clarify its responses to our requests. Now, even though McMurin has been convicted of three counts of sexual abuse, the district says there are facts it will never answer about what happened inside that kindergarten classroom.

Diane Graham, who was the teacher in that classroom, faces a charge of failure to report child abuse. She pleaded not guilty and will go to trial in July.

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FULL MARION INDEPENDENT SCHOOL DISTRICT STATEMENT:

Based on concerns that were expressed at the last Board meeting, the Board would like to take this opportunity to share what information it legally is permitted to share regarding reports of student abuse that occurred at Starry Elementary. Most of this information has been previously shared with the District’s parents, the Marion community, and the media in a timely manner throughout the course of events relating to this matter. However, based upon recent concerns that have been raised, the Board believes it would be helpful to the District’s parents and the Marion community to once again provide this information to help address any questions or concerns that may exist.

On October 24, 2016, the District was made aware of allegations that a high school student who was volunteering in a classroom at Starry Elementary had inappropriately touched students in that classroom. The student was volunteering pursuant to a volunteer program that had been in place for over thirty years without incident. This was the first time the District was made aware of any allegations of this nature. These allegations were disturbing and upsetting to the District and the entire Marion community.

Upon learning of these allegations the District immediately took action to protect its students and investigate the allegations. The student in question was removed from the school environment and has not returned to the school environment. The District met with the parents of the students affected to discuss the allegations and protective measures the District had taken and would take. The District also reviewed its student and adult volunteer procedures.

Within days of learning of the allegations, at the advice of the Marion Police Department, it was determined that the investigation should be turned over to the Department. The Marion Police Department requested that the District cease its investigation and refrain from making any comments while the Marion Police Department was conducting its investigation. The Department further instructed the District to not contact parents and to not make any statements without a joint statement pending the final investigative report.

The District complied with the Department’s requests and offered its ongoing cooperation in the investigation. Throughout the course of the Department’s investigation, the District regularly checked with the Department regarding the status of the investigation and repeatedly emphasized the need for the Department to complete its investigation expeditiously so the District could provide information to the District’s families and community.

As a result of the District’s concerns to provide some information to the District’s parents and the community regarding the Department’s investigation, on November 14, 2016, the

District was able to get the Department to agree to make an officer available at the Board meeting to address parent and community concerns regarding the situation. During that meeting, Marion Police Lieutenant Scott Elams provided the following information to the parents and community members in attendance: (1) an active investigation continues: (2) the cooperative effort between the District and the Department is ongoing; and (3) the District is following the Department’s request to not communicate with the District’s families and the community during the investigation. In addition, after the meeting, Lieutenant Elams met with parents one on one for two hours to explain the investigation process and why the Department had requested that the District refrain from speaking to parents and the community about the investigation.

At that same Board meeting on November 14, 2016, the Board reviewed and discussed its volunteer procedures. The Board’s review and discussion consisted of: (1) coordinating the District’s volunteer procedures with sample volunteer policies that had been requested of and provided by the Iowa Association of School Boards; (2) the review of comparative local school districts’ policies for student and adult volunteers; and (3) the need to provide information to parents regarding District volunteers. The Board held a first reading of a draft volunteer policy and changes were incorporated into the draft policy to address concerns expressed by parents and to add clarity for the District’s expectations for volunteers. The Board scheduled a second reading of the revised policy for its December 2016 meeting.

On November 22, 2016, the student in question was charged with the criminal offenses for which he was ultimately convicted. Although the investigation had been completed and the student had been charged, the Marion Police Department continued to request that the District not release any information regarding the student or the matter generally and the District continued to comply with the Marion Police Department’s requests.

Despite statements by the media that the District has not communicated with parents regarding this matter, on November 27, 2016, when the District was informed by the Marion Police Department that it could share information with parents, Starry Principal Annette Maier contacted Starry families in the classroom where the student offender volunteered and informed them of the student’s arrest. Ms. Maier communicated to each family that she and Superintendent Chris Dyer wanted to meet to discuss any information the District could share and answer parents’ questions.

Superintendent Dyer and Ms. Maier met with parents on November 29, 2016 and December 2, 2016 and provided the parents with information that the Marion Police Department notified the District it could provide.

On December 5, 2016, the Board met to review and adopt policies and procedures which revised the District’s current volunteer process. After the Board’s adoption of the revised policies and procedures, the District met with and provided high school students with information about the policies and procedures and general guidance regarding volunteering during the school day for a teacher or staff member in the District.

Since the District was made aware of the allegations on October 24, 2016, the District has responded to every parent concern that was brought directly to the District. Additionally, the District has responded to media outlets whenever information was requested.

On February 10, 2017, KCRG made an open records request to the District pursuant to the Iowa Open Records law. The District fully complied with that request as required and allowed under Iowa law. As part of its response to that request, the District provided Ms. Maier’s November 27, 2016, communication with families to set up these meetings that occurred on November 29, 2016 and December 2, 2016. The District also provided all other non-confidential public records KCRG had requested. On February 22, 2017, KCRG made a second records request pursuant to the Iowa Open Records law. That request was for “written documentation of what had been in place to vet volunteer prior to the adoption of the volunteer policy on December 5, 2016.” The District provided KCRG with the volunteer policies, regulations, and forms found in it Board policies and the High School Student Handbook.

On March 27, 2017, March 31, 2017, and April 14, 2017, at KCRG’s request the District provided responses to requests which included information it was permitted to provide under the law and the District’s policies. Even though the Marion Police Department’s investigation has been completed and the student in question has been convicted, pursuant to the law, the District is required to keep information regarding personnel matters and student matters confidential and there will be some information regarding this matter that the District will not be able to disclose at any time. Furthermore, because there is pending litigation involving some of these matters, the Board has been directed by legal counsel to not address questions or concerns regarding that litigation which is consistent with the District’s practice of not commenting on pending litigation.

As already stated, the Board is greatly concerned by these events and wants to be as transparent as possible with the public regarding these events while working within the bounds of the law. The Board hopes that this information helps to address community members’ questions and concerns. If anyone has any additional questions, I would ask that you address them to Superintendent Dyer whose e-mail can be found on the District website and those questions will be appropriately responded to in a timely manner.

The Marion Independent School District has always and will continue to take seriously its responsibility under state and federal laws and board policy to provide a safe and healthy learning environment for its students.

Marion Independent School District

Board of Education