“Should” does not mean “shall” or “must” but is a permissive term. Nothing in this Policy limits the rights of individuals under the federal or state constitutions.
About time that our Constitutions are brought front and center! Most of what I wanted to say, I did here (“Gilford School Board Meeting – They Have Finally Seen the Light! Well, except for One School Board Member“). Sorry, but after fighting this “transgenders given more Rights than other students and staff” fight for two long years, I’m allowing myself a bit of a smile for just a little bit longer but there are certainly more issues still afoot as I DO and AM reading the school Policies to ferret out what my School Boards can’t mandate – heads will explode on the next big one). Again, when it comes to a Government agency (and School Boards ARE The Government and because they are elected, it IS a political issue), they can’t mandate this:
“A transgender student has the right to be called by their preferred pronouns and name”
and finally, I can relax, a bit, with this now being officially part of Policy JBAB – no more mandate:
“…Should be called by their preferred pronouns and name” (with Superintendent Kirk Beitler, in a phone conversation, telling me that the meaning of “should” was mandatory -I had to drag that out of him!)
See that top-of-post quote again. I sit here at my keyboard and just have to continue to wonder and despair as to WHY our elected representatives don’t keep Constitutional strictures on them and protections for us uppermost as they craft policies and laws. Be that as it may, I’m still basking in contentment. But I also have a new set of questions (further below).
And even BETTER news – this updated JBAB is now “law” within the District. I thought that it had to go through one more Reading (for a total of three) – and I am HAPPY to admit that I was wrong – two Readings and it becomes official. So NO one has to worry (students, staff, or visitors) of being accused of harassment or discrimination for hewing to their long-held beliefs that God made only male and female and that Science affirms that and not the Heinz 57 thousands of sexes/genders the Left would have you believe – they are the same thing.
But I still have an issue that was not settled that night and I wasn’t going to bring it up full-bore – lying to Parents. While that language was also changed (PDF is below), I had questions.
It’s been a long-running issue, as readers well know, that anyone trying to get answers from a School Board ANYWHERE is like trying to cut steak with a wet piece of paper. However, during the meeting, I was asked to email my questions instead of asking during the meeting. So I DID!
——– Original message ——–
From: Skip <Skip@granitegrok.com>
Date: 10/6/22 7:54 AM (GMT-05:00)
To: jonos@sau73.org, ksanborn@sau73.org, akelly@sau73.org, jjacques@sau73.org, “Hogan, Nicole” <nhogan@sau73.org>
Subject: Questions from a constituent to my Elected RepresentativesGood morning,
Given the review of the various Policies (First and Second Readings) held on this past Monday evening, I have some clarification questions for which I am looking for answers. Given that my earlier inquiry of when can voters ask questions of their elected representatives (as for any other board or commission) has not yet been answered but was told to try emailing the Board (again), here are some questions that I would not be able to ask during a regular Board meeting:
1) In support of Policy BBA (which acknowledges that the Board has only such Powers delegated to it by the Legislature and, secondarily, through the NH Dept of Education rules), each of the policies reviewed had citations from when those specific Powers were granted or mandated. For example, for those “Second Reading” policies:
- IHBB – Programs for Gifted and Talented Students
Legal References:
RSA 189:29-b, Identification and Accommodation of Gifted and Talented Students
- BIE – Board Member and District Employee Indemnification
Legal References:
RSA 31:104, Powers and Duties of Towns: Liability of Municipal Executives
RSA 31:105, Powers and Duties of Towns: Indemnification for Damages
RSA 31:106, Powers and Duties of Towns: Indemnification: Civil Rights Act
RSA 31:107, Powers and Duties of Towns: Purchase of Insurance
- JBAB – Transgender and Nonbinary Students RSA 193:38 in line with the policy’s 1. PURPOSE, paragraph 2:
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. Any person claiming to be aggrieved by a discriminatory practice prohibited under this section, including the attorney general, may initiate a civil action against a school or school district in Superior Court for legal or equitable relief, or with the New Hampshire commission for human rights, as provided in RSA 354-A:27-28.
SB263, which introduced the notion of gender identity, has been enrolled into 193:39:
Each school district and chartered public school shall develop a policy that guides the development and implementation of a coordinated plan to prevent, assess the presence of, intervene in, and respond to incidents of discrimination on the basis of age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, national origin, or any other class projected under RSA 354-A.
Superintendent Beitler claimed that legal counsel, at the beginning of the Reading, held that a separate policy on the Religious protected class is already protected in the Harassment and Discrimination Policies and therefore does not need a policy of its own. His statement makes the nuance that all of the other protected class, including Religion, are similarly covered.
Question: What is the Board’s reasoning on this? What is the equality and equity in having transgender students receive special treatment as a class that is not extended to the other Legislature-mandated classes?
2) During the third Public Comment Session, I read the oath of office that each of you must pledge fealty to before taking your elected seats. Part Second – Form of Government, Article 84 (https://www.nh.gov/glance/oaths.htm):
[Art.] 84. [Oath of Civil Officers.] Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.
I, A.B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God.
I, A.B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as …………………………………………., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.
Question: When contemplating a revision of a current Policy or adoption of a new Policy, does the Board analyze any and all parts of that Policy relative to the strictures placed upon you as elected representatives having taken your good faith oath?
- 3) In II. DEFINITIONS, there are several newly minted /made-up vocabulary sexuality-related words/phrases that are only mentioned in the Definitions and not utilized anywhere else in the Policy:
cisgender
nonbinary
genderfluid
gender transition
sexual orientationQuestion: What purpose do they serve in this Policy other than to further establish a sexuality ideology that is not shared by many (e.g., People of Faith, as I said on Monday night) and are present only to further ingrain and enroll that secular humanist outlook into a government document? If they are not used outside the Definition section, why have them in the document at all? Otherwise, they serve no purpose other than virtue-signaling.
4) III GUIDANCE A. Privacy
The Gilford School Board recognizes a student’s right to keep private one’s transgender status or nonbinary presentation at school. The Board also recognizes a transgender and nonbinary student’s right to discuss and express their gender identity openly. Information about a student’s transgender status, legal name or biological sex gender assigned at birth listed on a person’s birth certificate also may constitute confidential information. School personnel should not disclose information that may reveal a student’s transgender status or nonbinary presentation to others. School personnel shall include parent(s) or legal guardian(s) when implementing a written plan for a student to address their needs as it relates to their transgender or nonbinary status. When contacting the parent or legal guardian of a transgender or nonbinary student, school personnel should use the student’s preferred name and pronoun listed in the student information system. Student’s legal names shall not be changed in the official records unless legally required to do so.
Question: “to others” – if one takes this sentence alone, its sentence construction can be construed in several ways. Is it the Board’s intent that Parents are part of that set referred to as “to others” and therefore, this Policy still insists that staff are to continue to lie (by omission or commission) to parents about their child’s transgender status?
Question: the following sentence to that mandates that “School personnel shall include parent(s) or legal guardian(s) when implementing a written plan”. Does this mean that Parents are NOT part of the previous sentence’s “to others” or that Parents will only be correctly informed of their child’s transgender status once setting up a plan has begun?
Question: Does “school personnel should use the student’s preferred name and pronoun listed in the student information system” signify “always”, only when a student gives staff permission to tell his/her Parents, or only once the written plan has commenced?
Question: When an RSA 91A or FERPA demand has been submitted by a Parent, will the Gilford School District give ALL of the requested information in all of its Information Systems to the Parent? Or will the response be moderated depending if a plan is in place?
Question: if the latter (only when a plan is in place), please show where in FERPA withholding such information is condoned/allowed by FERPA/Federal law.
5) III GUIDANCE B. Official Records
The last four questions are to be repeated relative to the subject matter in this paragraph relative to answering Parents’ inquiries.
6) J. Discrimination/Harassment
It is the responsibility of each school and the District to ensure that transgender and nonbinary 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, see Gilford School Board Policy ACAC. Complaints alleging discrimination, harassment or bullying based on a person’s actual or perceived transgender status or gender nonconformity are to be handled in the same manner as other discrimination, harassment or bullying complaints. Refer to policy AC, ACAC, and/or JICK.
It was clear from Monday night’s meeting that Kyle was taking the middle ground on students or staff refusing to use preferred pronouns (e.g., that the intent of non-usage is paramount) whereas Jessica and Nicole seem to be adamant that any non-usage of preferred pronouns will automatically be judged to be “trauma-inducing” and discriminatory and that the offender (other than the example of what parents often do in running through all their children’s names until arriving at the right one (and sometimes including pets and husband) – a mistake).
Question: Is it the sense of the Board that a highly detailed/delineated process is going to be needed, and if so, will the Public be included in the crafting of that process, due to the widely divergent outlooks of the Board members?
Superintendent Beitler mentioned that a contingent of Gilford staff will be going to Plymouth University for training without stating what the training purpose was. Please consider the following a Right To Know/RSA 91A request (and I can formalize it if you find this format unacceptable):
- Provide the audit financial trail (requestor/authorizer, RFP, Quote, Quote Acceptance, Invoice, payment voucher, the GL Account(s) from which the Invoice is paid
- The training materials that were purchased
- The listing of which Gilford School District Staff received the training either in person or by electronic presence (such as Zoom, Teams, Go To Meeting, et al.
- A copy of any certificate given to attendees.
Best regards,
-Skip
There’s a lot there to digest in my email. Either there is nothing “there” and I’m being a bit paranoid (why not? I thought “should” was already a “voluntary” word until I was told it wasn’t) or it is good that I’m questioning it. Why NOT question our Government, at ALL levels? It’s clear that Government HAS become partisan, HAS become ideological (yes, on both sides) and it’s clear in this issue, there are some that have been trying to game the system.
Oh, and I did put in a formal Right to Know for that last part on the Plymouth training. I have a REALLY good idea what it is about but I want it out in the open.
I merely want it to return back to bedrock principles. But I’m called an extremist for insisting on it. C’est la, you Constitution deniers (heh!)!
Updated Policy JBAB. Hover over it and you’ll see the navigation bar popup:
Updated Gilford School District Policy JBAB – Transgender and Nonbinary Students
