Another School Board (SAU21) Decides to Not Follow the Law - Granite Grok

Another School Board (SAU21) Decides to Not Follow the Law

Got an email tip: “This is being passed stealthily through SAU21. Next board meeting is at Hampton Falls LAS school next Tuesday.” What do they mean by “this?” Policy JBAB. “SAU21 is a cooperative school district consisting of Hampton Falls, North Hampton, South Hampton, and Seabrook.”

“SAU21 is a cooperative school district consisting of Hampton Falls, North Hampton, South Hampton, and Seabrook.” And they will be trying to ram this through under the rubric, like all the rest of the school districts, of “anti-discrimination.”

The problem is that SB263 (signed by NH Governor Chris Sununu and acting as a starter’s pistol in codifying the Left’s Gender Identity into school systems) NEVER gave School Boards the ability to override the US or NH Constitutions or ignore current NH State Laws.

SB263 also discriminates against those of deeply held faith

Here is their Policy JBAB (Transgender and Non-Conforming students):

PURPOSE
District policy requires that all programs, activities, and employment practices be free from discrimination based on sex, sexual orientation, or gender identity.  This policy is designed in keeping with these mandates to create a safe learning environment for all students and to ensure that every student has equal access to all school programs and activities.

I dryly note that this Policy left out all the OTHER politically “protected classes” subject to “non-discrimination. The relevant text from SB263:

193:38  Discrimination in Public Schools.  No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, or national origin, all as defined in RSA 354-A.

So if you believe that God made only two sexes, male and female, as a Christian, Jew, or Muslim, you are out of luck. Amazing how well the Left has made THE attribute of our founding, religious freedom, almost a non-mentionable (unless it serves their political purpose and agenda.

This policy sets out guidelines for schools and district staff to address the needs of transgender and gender nonconforming students and clarifies how state law should be implemented in situations where questions may arise about how to protect the legal rights or safety of such students.  This policy does not anticipate every situation that might occur with respect to transgender or gender nonconforming students, and the needs of each transgender or gender nonconforming student must be assessed on a case by case basis.  In all cases, the goal is to ensure the safety, comfort, and healthy development of the transgender or gender nonconforming student while maximizing the student’s social integration and minimizing stigmatization of the student.

And just like with the Democrat identity group politics Totem Poll, Normal students are of lower worth to the District than Transgenders, but I digress, except to have you know that this Policy actively dis

…GUIDANCE
Privacy
The Board recognizes a student’s right to keep private one’s transgender status or gender nonconforming presentation at school.  Information about a student’s transgender status, legal name , or gender assigned at birth also may constitute confidential information.  School personnel should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents and other school personnel, unless legally required to do so or unless the student has authorized such disclosure.  Transgender and gender nonconforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share private information.

Nice to see how badly the School Board hates Parents.  Effectively, your Elected Representatives want to remove your son or daughter.  Or worse, put your CHILD in charge of your family!

When contacting the parent or guardian of a transgender or gender nonconforming student, school personnel should use the student’s legal name and the pronoun corresponding to the student’s gender assigned at birth unless the student, parent, or guardian has specified otherwise.

Official Records
The District is required to maintain a mandatory permanent pupil record (“official record”) that includes a student’s legal name and legal gender.  However, the District is not required to use a student’s legal name and gender on other school records or documents.  The District will change a student’s official record to reflect a change in legal name or legal gender upon receipt of documentation that such change has been made pursuant to a court order.  In situations where school staff or administrators are required by law to use or to report a transgender student’s legal name or gender, such as for purposes of standardized testing, school staff and administrators shall adopt practices to avoid the inadvertent disclosure of such confidential information.

Another way in which the School Board has decided to lie to you, Parents!  “IS NOT REQUIRED” – somebody looked hard for loopholes and they found that – you won’t be able to either file a Right To Know or any of the Federal variants (especially those dealing with students).  You’ll never know and the School District will laugh at you.

Names/Pronouns
A student has the right to be addressed by a name and pronoun that corresponds to the student’s gender identity. A court-ordered 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.

Gender-Segregated Activities
To the extent possible, schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as for health education classes, students should be included in the group that corresponds to their gender identity.

Restroom Accessibility
Students shall have access to the restroom that corresponds to their gender identity consistently asserted at school. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided access to a single stall restroom, but no student shall be required to use such a restroom.

Locker Room Accessibility
The use of locker rooms by transgender students shall be assessed on a case-by-case basis with the goals of maximizing the student’s social integration and equal opportunity to participate in physical education classes and sports, ensuring the student’s safety and comfort, and minimizing stigmatization of the student.  In most cases, transgender students should have access to the locker room that corresponds to their gender identity consistently asserted at school. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area such as the use of a private area (e.g., a nearby restroom stall with a door, an area separated by a curtain, a P.E. instructor’s office in the locker room, or a nearby health office restroom), or with a separate changing schedule (e.g., using the locker room that corresponds to their gender identity before or after other students). Any alternative arrangement should be provided in a way that protects the student’s ability to keep his or her transgender status confidential. In no case shall a transgender student be required to use a locker room that conflicts with the student’s gender identity.

Physical Education Classes & Intramural Sports
Transgender and gender nonconforming students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with their gender identity.

Interscholastic Competitive Sports Teams
Transgender and gender nonconforming students shall be permitted to participate in interscholastic athletics in a manner consistent with their gender identity.

Dress Codes
Transgender and gender nonconforming students have the right to dress in a manner consistent with their gender identity or gender expression. In general, schools may not adopt dress codes that restrict students’ clothing or appearance on the basis of gender.

Discrimination/Harassment
It is the responsibility of each school and the District to ensure that transgender and gender nonconforming students have a safe school environment. This includes ensuring that any incident of discrimination, harassment, or violence is given immediate attention, including investigating the incident, taking appropriate corrective action, and providing students and staff with appropriate resources.  Complaints alleging discrimination or harassment based on a person’s actual or perceived transgender status or gender nonconformity are to be handled in the same manner as other discrimination or harassment complaints.​​

But they will be able to discriminate against Christians, Jews, and Muslims because this Policy TRUMPS your beliefs that you are trying to inculcate into your children.  Is this what you want?

I sent the following back to my tipster – and yes, it is just the tip of the iceberg on this issue:

NH is a Dillon’s Rule State which means that subdivisions of the State, like a School Board, MUST be able to point to a specific RSA (State Statute) that enables them to do some action.  Outside of that, they can do nothing.

  • Which RSA grants them the Power (Government has Powers, Individuals have Rights) to grant a new Right to a minor child that completely obviates the Freedom of Speech of others (re: preferred pronouns).  See the SAU16/Exeter lawsuit on this (and mine)
  • Which RSA grants them the Power to lie to parents (by omission or commission) about the transgender status of their child?
  • Which RSA grants them the Power to coerce staff members to lie to parents on behalf of the Board’s Policy?

And does the Board not care about the distrust that such a policy will invoke in the Parents against the Staff?  Or the Staff to the Board?

The answer is that there are NONE.  They’ve gone [legally] rogue.

And a couple more – ask the Board about the lawsuit against the Manchester School Board when a Mom inadvertently found out that the School District had allowed her daughter to go “trans” (and most likely helped) with a new masculine name?  Ask them about the Exeter School District when they retaliated against a freshman who rejected the idea of transgenderism because of his Catholic faith?

And watch this and this for more background, as I’m suing the Gilford School Board for exactly these same reasons.

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