Staff writer
Kristine Jirak, daughter of Francis and Mary Jirak of Tampa, lost her flute in May.
According to Kristine and her parents, she was away from school for a few days attending an FFA event in Manhattan, and when she returned to school May 7 and went to band class, she discovered the flute was missing from its slot in the instrument room, where she had placed it.
She said she panicked because it was special to her, one that she had owned since fifth grade.
She looked everywhere and could not find it. She said several staff members told her to wait a few days, thinking it would show up.
As the days dragged on, Kristine said she found the canceled check and presented it to school officials. Jesse Brunner, Kristine’s uncle and an interested third party, intervened on her behalf. He spoke with school officials who, he said, suggested that a letter could be inserted with grade cards that were being sent to parents, to see if any of them knew anything about the flute.
However, with the rush of closing school activities, it didn’t happen.
The Jiraks were frustrated, believing the school failed to follow up on its promises.
At the request of the family, Brunner contacted the sheriff’s office and reported the incident. On June 16, more than one month after it happened, school administrators followed up with an official report on behalf of the Jiraks.
According to the report filed by Deputy Travis Wilson and obtained by the Marion County Record, the incident was classified as a misdemeanor theft. It was described this way: “Suspect entered into band room at high school. Took flute out of band room without owner’s permission and did not return the flute to its place in the band room. Flute valued at $506.26.”
Mary Jirak is listed as the victim and reporting person.
Sheriff Lee Becker said the lack of a timely report made it difficult to pursue the matter. By the time his office received the report, school was closed for the year, everyone was gone, and everything had been cleared out.
Parents appeal to the board
Though the instrument probably was gone for good, the Jiraks felt the district should replace the flute because it had been in a supposedly-secure place in the school building.
They appealed to the school board, meeting with them in July. They requested an executive session. The Jiraks were with the board along with the superintendent and principal for 17 minutes.
The board extended the executive session six times after the Jiraks left, discussing the issue for a full hour.
According to the minutes, after the board returned to open session, a motion was made by Jesse Brunner and seconded by Brent Methvin “to authorize replacement in an amount up to $500 for a flute that was reported to the sheriff’s department as being missing from Centre High School from a place that was thought to be secure by the student.”
The motion failed by a split vote of 3-3. Voting against it were Jennifer Kassebaum, Julie Klenda, and Terry Deines. Voting for it were Brent Methvin, Jesse Brunner, and Mark Heiser.
(Brunner said he contacted the KASB legal department and was informed that he legally did not have to excuse himself from involvement in the issue because of a conflict of interest. Board member Steve Jirak, also Kristine’s uncle, was uncomfortable with it and chose to excuse himself from the executive session and following action.)
Klenda said later she voted against the motion because she felt it would set a bad precedent and that others would expect reimbursement for lost articles.
Brunner said he voted to replace the flute because he agreed with the Jiraks that the instrument room should be kept locked when the instructor is not present.
The instrument room is inside the band room, and the doors to both rooms have locks.
Student appeals to the board
Kristine Jirak was away at the time her parents appeared at the July meeting. She decided to attend the August meeting and personally plead her case in open session.
Visibly shaken, she presented her view of what had gone on, as related in preceding paragraphs.
“I feel it’s the school’s responsibility to protect the instruments in the instrument room,” she said. “I’m never going to get my flute back. I was hoping to pass it on to my child someday.”
She asked the board to answer two questions: 1) What is the school’s responsibility regarding instruments? and 2) What could I have done differently to protect my instrument?
Kristine also asked the board to rescind its previous action.
Clark Davis of Tampa, former board member, supported Kristine before the board. He had been in on the planning of the new band room and instrument room. He said they were designed to be secure.
“We say students should accept responsibility,” he said. “Sometimes we as adults need to accept responsibility.”
Board president Brent Methvin asked Superintendent Jerri Kemble to look into the matter and send a letter to Kristine with answers to her questions. She is awaiting receipt of the letter.
School officials declined to comment on the case because it is a student matter.
Under the section, “Care of Equipment,” the 2008-09 classified staff handbook states: “The district will not be liable for personal property lost or stolen.”
Although the policy is directed at employees, it could be inferred to be a general rule, as applying to all.
The Jiraks said they do not plan to take the matter any further, but they hope their action will result in the instrument room being secured when an instructor is not present so that no one else will have to go through what their daughter went through.
Kristine graduated in May and will be attending Newman University this fall.