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State Board blocks Durst’s emergency path to superintendency

by CARLY FLANDRO / Idaho Education News
| September 14, 2023 1:55 PM

The State Board of Education ended Branden Durst’s quest to become the certified superintendent of West Bonner, declining to consider his application for an emergency provisional administrator’s certificate.

In a letter to a school district official, State Board Executive Director Matt Freeman said “there is no pathway for Mr. Durst to obtain the legally required certification to serve as the West Bonner County School District superintendent” because he has not met all the five requirements to do so.

Freeman said that the State Board does not have the “legal authority to grant such certificates” to administrators — even though it has done so three times since 2015.

Durst responded Wednesday in an email to Idaho Education News.

“The state board of education curiously decided it no longer had authority to grant emergency provisional certificates to any administrator applicant. This decision was not limited to me. However, the timing is particularly strange,” Durst wrote.

State Board officials recently realized their limitations after conducting a “legal review” prompted by “the decision by West Bonner trustees to hire an uncertified individual to serve as superintendent this summer.”

But when West Bonner trustees hired Teresa “Susie” Luckey as interim superintendent in March, she also lacked the requirements to do so, including not completing the needed coursework or degree. Yet, the State Board approved her emergency certification — valid from Sept. 2022 to Aug. 2023 — at its June meeting.

“When did the state board of education come upon this new knowledge and interpretation? Certainly, as the state board acknowledged, they have granted them in the past. In fact, they granted one just a couple of months ago for an applicant in the West Bonner County School District. Further, it seems odd that the state board would have not rescinded an emergency certification that it knew it didn’t have the authority to grant, if that is their new position,” Durst wrote.

Mike Keckler, spokesman for the State Board, said Durst’s situation was “unique” because he does not hold “any sort of endorsement or certification,” whereas Luckey held teacher and principal endorsements.

The other two emergency administrative applications approved since 2015 were for principal positions, Keckler said.

Going forward, the State Board will no longer consider any emergency applications for administrative positions, Keckler said. That comes after a new understanding of its legal abilities, as spelled out in Idaho administrative code (04-02-02-042). Board members will only consider alternative authorizations for teachers.

“This leads to a simple conclusion: this was a discriminatory act by a board run by those with a political ax to grind. They will be held accountable for their discriminatory actions,” Durst said.

Wednesday’s decision is the latest development after months of tumult following Durst’s selection as superintendent. The State Board’s decision means West Bonner does not have an official superintendent, and the State Department of Education will not provide funds for Durst’s salary — the district will have to cover it. While Durst can’t be the superintendent, he may be able to serve the district in another capacity or under another title.

The decision comes after West Bonner delayed Durst’s application for weeks due to a disagreement over interpretation of state law. But trustees acquiesced last month after the State Board told them to comply with state law and file the application.

Prior to that, raucous meetings, a recall of two trustees and a restraining order against the recalled trustees made headlines.

Remaining trustees Carlyn Barton, Margaret Hall and Troy Reinbold did not provide comments. The board is scheduled to meet on Sept. 20 for the first time without recalled trustees Susan Brown and Keith Rutledge.

EdNews Data Analyst Randy Schrader and reporter Darren Svan contributed to this report.