The machinations of the Windham School Board concerning their Transgender Policy JBAB, for whatever reason, still bugs the heck out me. I really think that a lot of it is summed up in this part of the policy which does two dastardly actions:
- Demands, by the Government board, coerced speech on the part of students and staff, in support of a Progressive policy that many reject
- Provides for punishment if said folks decide to not follow said mandatory coerced speech
To wit (emphasis mine):
C. Names/PronounsA student has the right to be addressed by a name or pronoun that corresponds to the student’s gender identity. A Court-order name or gender change is not required and the student need not change his or her official records. The intentional or persistent refusal to respect a student’s gender identity (for example, intentionally referring to the student by a name or pronoun that does not correspond to the student’s gender identity) is a violation of this policy.
“Live Free or Die“, the concept of Individual Liberty and Freedom, does not exist with Rob Breton, Dennis Senibaldi, Keleigh McAllister, and Daniel Popovici-Muller (Tom Murray, the only Conservative on the Windham School Board, voted against it seeing it for what it is – entrenching a Progressive morality and displacing Traditional Norms).
So, I just issued a second RSA 91-A Right To Know demand; I am pretty sure that it won’t be too well received:
Windham School District / Board
19 Haverhill Rd
Windham, NH 03087
Rob Breton (2020) – Chair
Keleigh McAllister (2020)
Tom Murray (2018)
Daniel Popovici-Muller (2018)
Dennis Senibaldi (2019)
To the Windham School Board of the SAU 93 School District,
Please know that this is a formal Right To Know (“RTK”) request under RSA 91-a in the matter of your Policy JBAB; specifically Guidance C which reads (emphasis mine):
A student has the right to be addressed by a name or pronoun that corresponds to the student’s gender identity. A Court-order name or gender change is not required and the student need not change his or her official records. The intentional or persistent refusal to respect a student’s gender identity (for example, intentionally referring to the student by a name or pronoun that does not correspond to the student’s gender identity) is a violation of this policy.
I am looking for all materials (e.g., in either hard copy or softcopy formats) of emails, documents, voicemails, minute meetings (draft and approved), videos, notes from conversations between the School Board members) pertaining to the above part of your Policy JBAB (“Transgender and Gender Non-conforming Students”). Co-incident with this demand is that any and all responsive materials for this demand are to be retained and not to be deleted or altered in any fashion.
The purpose of this RTK is to determine:
- How the Board determined that “A student has the right to be addressed by a name or pronoun that corresponds to the student’s gender identity”. Please state the statute or ordinance that authorizes that “right”?
- Please also show how your statement of “has the right” is reconciled with the following, given that you are a governmental body accepting both Federal and State taxes:
- First Amendment (US Constitution): Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
- [Art.] 2. [Natural Rights.] (NH Constitution) All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.
Please note that gender identity is not listed
- [Art.] 4. [Rights of Conscience Unalienable.] (NH Constitution) Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.
- [Art.] 5. [Religious Freedom Recognized.] (NH Constitution) Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his peers on, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.
- [Art.] 15. [Right of Accused.] (NH Constitution) No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.
- Given the above, where [has – sic] the Board determined that it can coerce speech of its students and staff in support of Policy JBAB?
- Will visitors to School District facilities (e.g., buildings, parking lots, athletic fields, et al) also be subject to this coerced speech demand as well?
- How will the Board determine that such a violation has occurred:
- Will it be by hearsay?
- Will staff, students, and visitors be audibly monitored to eliminate “he said, she said” allegations?
- How will you determine that allegations are true or simply done in retribution for some whim or action?
- No mention is made in Guidance C – what is the Due Process that will be followed – do you even have such a process defined?
- And what is the penalty or penalties for violating this Policy? There is nothing in this Policy that specifically states what that might be meaning it may well be arbitrary and capricious – is this by design?:
- What will those penalties be?
- Does it mean detention for students?
- In-class suspension?
- Removal from leadership positions or extra-curricular sports or activity functions?
- In terms of staff (Administration, teachers, para-professional, other):
- Does it mean a probationary period for staff?
- Will it require a demotion in rank and loss of pay?
- Will it mean dismisal for staff members?
- Is this new policy covered in the current collective bargaining agreement(s)? If so – how?
- Please list why the Board believes it can abrogate the religious beliefs and conscience of those that reject the notion of transgenderism
The RSA allows for five (5) business for a response; I look forward to yours.