The legislature never authorized Social Emotional Learning for NH public schools. Governor Sununu did it all on his own. Governor Sununu brought Social Emotional Learning (SEL) to New Hampshire and hired an SEL Program Director who reports to him, not the Department of Education:
“Governor Sununu has institutionalized the program with the hiring of a Choose Love Movement Program Director, who reports to the Governor’s Office and works closely with the Department of Education, Homeland Security and Emergency Management, Department of Health and Human Services, and the Department of Safety. Town officials, local chambers of commerce, and other stakeholder organizations are also integrated.“Continuing support of these structures, the New Hampshire Department of Education’s Office of Social & Emotional Wellness will lead a three-pronged approach to improve children’s behavioral health system of care, in partnership with other state agencies. Funds from the School Climate Transformation Grant will be used to build, improve, or enhance the multi-tiered BEHAVIORAL FRAMEWORK; establish local student WELLNESS TEAMS; and collect and REPORT DATA to inform school climate efforts. This project will provide technical assistance to develop LEAs infrastructure, identify opportunities to strengthen professional development and training, and receive technical assistance to advance and sustain school climate transformation efforts through the adoption of policies, practices, and programs that address both in- and out-of-school time.”
There were no public hearings or legislative debates on SEL. The governor just inserted SEL programming into our public schools by offering free access and funding. In Nashua the school board had a brief one-sided presentation and a quick board vote. Parents had no voice in or knowledge of what was happening.
Most of us believe that state education laws are being followed in our schools. The legislature authorize the Department of Education to create state academic standards in accordance with RSA 193-C:3 with the state board of education and legislative oversight committee, not the Governor. Sununu completely overrode existing academic standards and corresponding state assessments.
There was no enabling legislation for Social Emotional Learning (SEL), behavior modification, mental health wellness programs and data reporting. Those just appeared with funding through Sununu. Seems like no one in government refuses “free money”, no matter how egregious the purpose.
Public school students have fallen behind academically after Sununu’s extended shutdown during the pandemic. They can’t afford to spend class time on non-academic endeavors. They haven’t even recovered from the shutdown.
Work-study practices means those behaviors that enhance learning achievement and promote a positive work ethic such as, but not limited to, listening and following directions, accepting responsibility, staying on task, completing work accurately, managing time wisely, showing initiative, and being cooperative, and work-study skills that contribute to success in college, career, and life that include communication, creativity, collaboration, and self-direction.
(3) Social Emotional Learning contains non-academic surveys, which under state law require informed written consent from parents ,which are never obtained. RSA 186:11, IX-d
Who can overturn Social Emotional Learning? SEL is part of a nationwide agenda which tramples parental rights. Not surprisingly, Governor Sununu just promised to veto our Parental Rights bill, HB 1431.
Despite violating these three state laws, Commissioner of Education Frank Edelblut has so far failed to provide a technical advisory on the subject. Below is my unanswered 2019 request concerning Social Emotional Learning to him while serving as a member of the Nashua Board of Education.
Subject: Request for Technical Advisory on Implementation of SELDate: July 26, 2019 at 12:24:59 PM EDTTo: Louis Edelblut <Frank.Edelblut@doe.nh.gov>
Dear Commissioner Edelblut,I need some legal clarification. I am requesting a technical advisory on the implementation of a Social Emotional Learning (SEL) curricular program in our district. This is a voluntary behavior modification program that seeks to adjust how students think in an effort to decrease the incidence of violence in our schools. SEL is to be interwoven into our curriculum as opposed to a stand alone curricular instruction, making it difficult for parents to opt-out to protect their children from SEL if they find it objectionable.In June our board approved (7-2) a pilot program for K-5 with the expectation that grants would be forthcoming for professional development training of our teachers and that the curriculum, Choosing Love, was available online for no cost.My questions:(1) What rights to parents have if they find the SEL curricular material or assessments objectionable under RSA 186:11 IX-c? Should parents be allowed to opt-out their child given that SEL is only a voluntary non-academic program?186:11 Duties of State Board of Education. – IX-c. Require school districts to adopt a policy allowing an exception to specific course material based on a parent’s or legal guardian’s determination that the material is objectionable. Such policy shall include a provision requiring the parent or legal guardian to notify the school principal or designee in writing of the specific material to which they object and a provision requiring an alternative agreed upon by the school district and the parent, at the parent’s expense, sufficient to enable the child to meet state requirements for education in the particular subject area. The policy shall also require the school district or classroom teacher to provide parents and legal guardians not less than 2 weeks advance notice of curriculum course material used for instruction of human sexuality or human sexual education. The policy shall address the method of delivering notification to a parent or legal guardian. To the extent practicable, a school district shall make curriculum course materials available to parents or legal guardians for review upon request. The name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the material shall not be public information and shall be excluded from access under RSA 91-A.(2) What obligations does the district have to obtain informed written consent from parents for SEL programs given the nature of the instruction, which includes non-academic questions regarding the student’s social behavior and other issues?186:11 Duties of State Board of Education. – IX-d. Require school districts to adopt a policy governing the administration of non-academic surveys or questionnaires to students. The policy shall require school districts to notify a parent or legal guardian of a non-academic survey or questionnaire and its purpose. The policy shall provide that no student shall be required to volunteer for or submit to a non-academic survey or questionnaire, as defined in this paragraph, without written consent of a parent or legal guardian unless the student is an adult or an emancipated minor. The policy shall include an exception from the consent requirement for the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The policy shall also allow a parent or legal guardian to opt-out of the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The school district shall make such surveys or questionnaires available, at the school and on the school or school district’s website, for review by a student’s parent or legal guardian at least 10 days prior to distribution to students. In this paragraph, “non-academic survey or questionnaire” means surveys, questionnaires, or other documents designed to elicit information about a student’s social behavior, family life, religion, politics, sexual orientation, sexual activity, drug use, or any other information not related to a student’s academics.Please help me understand the legal ramifications of Social Emotional Learning programs in the context of these two state laws. What can parents do if they object to the district re-programing how their child responds at a behavioral level? If a clinical psychologist engaged in such activities, he would have to obtain informed written consent or he would lose his license to practice. What protections do parents have in a public school?Even ESSA requires informed written consent from the parents of each child to participate in “any mental-health assessment or service.” Isn’t that the purpose of SEL to prevent mental health problems and minimize violence in schools?
Our district will be discussing a proposed Five-year Strategic Plan which implements Social Emotional Learning this coming Monday night. Included in this strategic plan are 56 new staff members at a cost of $4.5 million, including benefits. The proposal includes an Executive Director of Social Emotional Learning, a new Asst. Superintendent of Teaching and Learning, 10.5 Health teachers and 14 Social Workers. Clearly, implementing SEL is not cost neutral as the board anticipated.As expensive as SEL is to implement, my primary concern is to protect the rights of parents to direct the education of their children. I’m not seeing how that is possible given that SEL is to be interwoven into the curriculum and would benefit greatly from some legal advice from your office.Thank you very much for your time and attention.Regards,Doris Hohenseemember, Nashua Board of Education
