Public Records Request--Should Board Members Have to Request Information This Way?

Last Friday's workshop  (after minute 1:02 of Item II, Comments from the Superintendent) was marked by a spirited debate about exactly what documents an individual board member is entitled to receive in order to effectively do his job as a duly-elected constitutional officer.  The school board is the entity, under statute, that "supervises, controls, and oversees" public education in the county.  In order to fulfill this duty, sometimes we need data.

I have been asked, specifically, to provide data as it relates to my conduct as a school board member.  I have done nothing wrong, I have nothing to hide, and I have complied.   The district has been asked to provide reams of information by the Office of Civil Rights as well. I have compiled my portion of this request for information, and It is my understanding that the district staff has completed their portion.

But I've been told flat-out that an important component of what I have submitted will not be given to OCR. I do not understand the reasoning behind this, as I believe what I sent to Donna Waters, School Board General Counsel, should be sent along with my documents to OCR.

I have seen the draft of the district's legal response to this complaint, and I feel much of it is very good-- yet I do not feel it convey's my position accurately in a number of critically important respects.

So at the workshop this past Friday, I asked about this.  I asked for a copy of the district's response so I could ensure that my portion is/was returned to OCR unadulterated, not filtered.  I was told I was on a need to know basis, not entitled to see or receive a copy of the district's submission.

I do not believe the district is acting properly in denying my request, so now I have to submit a written, official public records request to receive what I request.  It is sad, it is ridiculous, but that is what this has come to.  Too bad people do not realize what I want to report to OCR  actually reinforces and supports the District's position:  we do not single out Black Students for treatment and punishment that is overly harsh.  We do not discriminate against Black students.

So here comes my public records request---the first time in 10 years I have had to request data this way.  It's great when we can all get along and sing Kumbaya---but when something is wrong, I will say something and I will advocate for the fair and respectful treatment of elected board members.

OCR Guidance Given Regarding Transgender School Facilities

With this letter sent from the Federal Government to an Illinois School District, significant guidance is being given regarding the treatment of transgender students in public schools.

From the New York times:

Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions. Education officials said the decision was the first of its kind on the rights of transgender students, which are emerging as a new cultural battleground in public schools across the country..Daniel Cates, the district superintendent, said in a statement Monday that he disagreed with the decision, which he described as “a serious overreach with precedent-setting implications.”

What is the OCR?

I was fortunate during this weekend's NSBA Conference in New Orleans to be able to attend a lecture on the history of the Federal Office of Civil Rights (OCR) The seminar was presented by several attorneys from the Washington DC Law Firm   Hogan Lovells.  The chief presenter was Mr. John Borkowski, a pratner with Hogan Lovells.

I take a keen interest in this session because . We have been working with OCR in Escambia County for a number of years to address concerns about allegations that the way we discipline minority students in our district is discriminatory--which is not true.  We have also recently been accused of being a party to litigation over discipline issues, which is also untrue.

The presentation at NSBA gave a brief history of the OCR, an entity created by the passage of the civil rights act of 1964.  OCR investigates discrimination complaints lodged against recipients of federal program funds. (including K12 systems and colleges and universities) Such complaints are often based upon claims of discrimination due to someone's race, gender, gender identity, and/or disability.

OCR is housed in the Federal Department of Education. OCR is mandated by statute to review ALL complaints that it receives ( but not necessarily conduct an investigation of all complaints )