Perhaps Now We Can Compel School Boards to Answer Questions! - Granite Grok

Perhaps Now We Can Compel School Boards to Answer Questions!

NH State House concord-nh-statehouse3-schinella___Patch 27164219673

This problem exists all over the State, and nationwide. Those Parents sensing threats posed to their kids AND to their Parental Rights have realized that there is a movement (and not a conspiracy) of School Boards acting like EISfS’ (Easter Island Stone-faced Statues, or Moas) when constituents demand answers from these elected representatives.

DO YOUR JOBS!

Every other board or commission does so as far as I know.

While on our town’s Budget Committee, I answered every question directed at me, and a lot of those were simply directed to the BudComm. I certainly didn’t wait to be given permission by the Chair to exercise my First Amendment Rights (much to their chagrin and, sometimes, amusement).

School Boards? What we do know is that Superintendents and School Board Associations “groom” Board members (and yes, that word is specifically chosen for the assumed nuance – and you know what I’m talking about).  That “grooming” is a technique to cull or separate the Board from their constituents, parents, and the general public.

So, to whom do the board members always turn to as Trust is turned away from those that voted for them and to whom they are to represent? Yeah, same technique as another set of folks…I will leave it to the reader. Just remember to show your work in the Comments.

So, Problem, yes!  OK – Solution!

NH State Rep and Grokster Judy Aron and I came up with this (I started it but she “smoothed it” into better legislative wording, and added a couple of things.  Short and sweet, it just came out of the Legislative Services Process like this. There’s still, time to massage it a bit but our intent is certainly strong.

An abstract from it (emphasis mine):

2022 SESSION
22-2068.0
10/04
HOUSE BILL [bill number]
AN ACT relative to public comment during school board meetings.

ANALYSIS

This bill establishes requirements for public meetings held by a school board to include a designated time period for questions from the public and answers from the board. The bill also allows an attendee of a meeting of the school board to demand which New Hampshire statute or administrative rule gives the school board the authority described in a school policy or operational procedure.
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Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Public Comment During School Board Meetings. Amend RSA 189 by inserting after section 73 the following new subdivision:

Public Comment During School Board Meetings

189:74 Public Comment During School Board Meetings.

I. During any public meeting held by a school board there shall be a designated time period for interactive questions from the public and answers from the board, with sufficient time allotted to hear comments, questions, and complaints from members of the public. The public must be able to sign up to speak at the meeting, or otherwise be given time to speak during the meeting, where they may comment or ask questions.

II. During any public meeting held by a school board, the elected members of the school board, and any other school administrators present, shall hear from and shall respond to such direct questions, with as much detail as known at the time relative to a direct question, by one or more of the assembled elected school board members, to such comments, questions, and complaints by members of the public assembled at the meeting.

III. During any public meeting held by a school board, an attendee may demand which New Hampshire statute or administrative rule gives the school board the authority described in a school policy or operational procedure. The board shall immediately respond with a citation to its authority. If the school board is unable to respond affirmatively that there is such a New Hampshire statute or administrative rule, the school policy or operational procedure shall be immediately withdrawn until such time that the school board can show it does have such authority.

IV. If any public question remains unanswered by the end of the public meeting, the school board shall be responsible for obtaining the answer and responding to the questioner within 5 business days. Additionally, members of the public may file a request pursuant to the right-to-know law under RSA 91-A:4 to the school administration to obtain answers.

V. Members of the public may file a complaint to the commissioner of the department of education if the school board refuses to answer questions regarding school policy directly. School board meeting minutes shall specifically state that school board members refused to answer a specific question or questions posed to them by a member of the public regarding school policy directly.

2 Effective Date. This act shall take effect 60 days after its passage.

It’s a fairly short bill but I have asked Judy for a couple of small “nitty” changes for emphasis and clarity:

  • Change Public Comment to Public / School Board Question and Answer.  It gets rid of the old mindset and specifically says what it is.
  • From: Additionally, members of the public may file a request pursuant to the right-to-know law under RSA 91-A:4 to the school administration to obtain answers.

To: Additionally, members of the public may also file a request pursuant to the right-to-know law under RSA 91-A:4 to the school board to obtain answers.  The reason is to cut off School Boards and their lawyers from making the claim that RSA 91:A (Right to Know) demands are no longer an avenue with these changes; kill off the opportunity for hanky-panky and obfuscation.

  • Swapped Board for Administration – we need to force Boards to understand that THEY are the leaders of the District and not the “paid staff Administration” like a Superintendent or Principal. Again, just tightening up the language to make sure that Responsibility is hung around THEIR necks and not to be sloughed off onto the “paid staff”.
  • Should the meeting notes state the name of the member if a question is directly asked of a specific member?

School Boards are entities and as well as subdivisions of the State. However, they exist for OUR sake and for the sake of our children. Ultimately, we are to be in charge of them and not the other way around as we see FAR too often here in NH.  Who works for who?  And remember, most of them ARE paid with our tax monies (even if only a stipend). After all, it is clearly stated in our State Constitution (emphasis mine):

[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.  Government, therefore, should be open, accessible, accountable and responsive.  To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.  The public also has a right to an orderly, lawful, and accountable government.  Therefore, any individual taxpayer eligible to vote in the State, shall have standing to petition the Superior Court to declare whether the State or political subdivision in which the taxpayer resides has spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision.  In such a case, the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer.  However, this right shall not apply when the challenged governmental action is the subject of a judicial or administrative decision from which there is a right of appeal by statute or otherwise by the parties to that proceeding

Make them do their jobs! Since they have decided to hold themselves, deliberately, from being accountable, they must be MADE to be accountable.  This bill will go a long way in doing so.

Heh! It is ALSO going to mean that they are going to have a lot of homework to do – certainly my School Board will

But make no mistake – the NH School Board Association and NH Superintendent Association will fight this tooth and nail because it means a lessening of THEIR power over the boards. They will lobby – using YOUR tax monies given to them by the School Boards as “dues” – against this and you. They don’t care about you and what is best for your children.

Why?

Follow the money. Who gives it to them?  And what do both Associations answer to?  Certainly, not you.  Go through your town’s and your school board’s line items and add up how many entities get your money in dues. Local associations, State associations, Regional associations, and (yes!) International Associations. Sometimes, ALL of them for a single person. And I bet all of them add up to be well more than what you make.

And that’s a bigger problem but more on that later on.

 

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