Gilford School Board: when a Transgender policy has violations but no penalties? Use an RSA 91:A Demand - Granite Grok

Gilford School Board: when a Transgender policy has violations but no penalties? Use an RSA 91:A Demand

The entire policy is here.

Yes, this is going to be a thing for a while – yet another attempt of mandating another left leaning policy in which we Normals are supposed to tolerate, accept, affirm, and believe in what is a mental disorder (last I knew, sexual dysphoria is still in the book as such but the LGBTQRSTUV lobby is trying hard (these people excepted)). I’ve noticed several different problem (like I told the GSB that they hadn’t figured out the Law of Unintended Consequences line of thinking).  So, I think I’m going to help them along – a bit. Thus, in trying to pull the thread out of the ball of yarn, here’s my FIRST RSA 91-A demand on this policy:

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SAU73.org
Gilford School District / Board
2 Belknap Mountain Road
Gilford, NH 03249

Chris McDonough, Chair
Gretchen Gandini, Vice-Chair
Rae Mello-Andrews
Karen Thurston
Jeanin Onos

To the Gilford School Board of the SAU 73 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):

Guidance C.

C. Names/Pronouns

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”). This also includes all other third party entities including (but not limited to) such as the NH School Board Association.

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 the Board determined that it can coerce the speech of its students and staff in support of Policy JBAB?
  • Will visitors to School District facilities (e.g., Is there a limitation to just buildings, parking lots, athletic fields, school buses 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?
    • Expulsion?
    • 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.

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I was the only member of the Public that attended this Policy meeting – of course, with camera.  I’ve never been to one of these “Policy Committee” meetings before but it was clear that Staff had most of the input into the process.  Two School Board members were also there but I got the distinct impression they’ve never had a “Public” attendee before, much less one with a camera.  I did feelz that there was less discussion than if I hadn’t been there but two things were clear:

  • This group of folks (the Superintendent, Principals, Staff, GSB members) are all using the verbiage of the Left during the discussions; they are all in.
  • It is clear that Parents are not in control here – and in some cases, unwanted. And information will be withheld from them by the District.  Deliberately.

Not just by the discussion but Policy.  That’s will be next.