Hall Pass: Your Ticket to Understanding School Board Politics, Edition #111

By

Ballotpedia staff

Welcome to Hall Pass, a newsletter written to keep you plugged into the conversations driving school board politics and governance.

In today’s edition, you’ll find:

  • On the issues: The debate over ethnic studies curricula and anti-semitism
  • In your district: Should state governments provide funding for private K-12 educational expenses? 
  • School board filing deadlines, election results, and recall certifications
  • States sue the Biden administration over new Title IX regulations that bar discrimination on the basis of sexual orientation and gender identity
  • Extracurricular: education news and numbers from around the web
  • Candidate Connection survey

Reply to this email to share reactions or story ideas!

On the issues: The debate over ethnic studies curricula and anti-semitism

In this section, we curate reporting, analysis, and commentary on the issues school board members deliberate when they set out to offer the best education possible in their district. Missed an issue? Click here to see the previous education debates we’ve covered.

In 2021, California became the first state to enact a law requiring ethnic studies curricula in high schools. The model curriculum went through four drafts and received around 100,000 comments in the four years before its enactment. California Secretary of State Shirley Weber (D) said the curricula will “provide an honest accounting of the experiences of people of color and – more importantly – it will inspire action in countless young scholars who will see their stories represented in the classroom.” 

Some Jewish groups were critical of the curricula, including the American Jewish Committee, which wrote, “Revisions of curriculum were a salve but ultimately not curative of the fundamental flaws at the heart of the original curriculum, much of which represented a rigid ideological (but sharply contested) world view.”

Recently, the war between Israel and Hamas has led to a renewed debate over whether ethnic studies requirements promote or reduce anti-semitism in public schools. 

Richard Goldberg writes that states should block ethnic studies courses. Goldberg says California’s ethnic studies curriculum standards promote anti-semitism and cast Jews as privileged white oppressors. He also says ethnic studies curricula tend to regard the state of Israel as an example of settler colonialism that oppresses indigenous people.

Mark Powell writes that ethnic studies curricula could reduce anti-semitism in K-12 schools and create more opportunities to educate students on historical discrimination against Jews. Powell says the California Ethnic Studies Model Curriculum allows teachers to offer multiple perspectives on the history of Palestine and guide students through complex issues. 

Crack Down on Anti-Semitic K–12 Curricula | Richard Goldberg, City Journal

“Anti-Semitism is spreading in K–12 school districts. Even in primary and secondary education, Jews are often viewed as privileged whites and oppressors, with Israel branded as an egregious example of ‘settler colonialism’ and oppression of ‘indigenous people.’ ‘Liberated ethnic studies’ curricula, like the one mandated by California, have created a distinct variant of critical theory aimed at Jews for being Zionist colonial oppressors. … Tools to fight back, however, are available. Governors and state legislatures can begin by blocking ‘ethnic studies’ from the K–12 curriculum and by imposing new teacher-certification requirements. … Local, state, and federal officials have played meaningful roles in fighting back against critical race theory in the classroom. They need to fight equally hard to stop anti-Semitism masquerading as Middle East or ethnic studies.”

San Diego Schools Must Do More to Curb Growing Antisemitism | Mark Powell, Times of San Diego

“Teaching an in-depth history of the establishment of Israel through the newly adopted California Ethnic Studies Model Curriculum can offer students multiple perspectives on the history of Palestine and provide a deeper understanding of the Jewish people to help put an end to antisemitism in our public schools and college campuses. This is not merely an act of historical preservation; it is an investment in our students’ future. … To effectively implement this curriculum, it is essential that all public school teachers possess a comprehensive understanding of the diverse historical experiences of various ethnic groups and be mindful of the potential consequences when addressing systems of oppression. In particular, teachers should be well-versed in the rich history of the Jewish people, a community that has endured centuries of persecution and discrimination. This knowledge will enable them to effectively guide students in exploring the complexities of antisemitism and its impact on Jewish students.”

In your district: Should state governments provide funding for private K-12 educational expenses?  

We want to hear what’s happening in your school district. Please complete the very brief survey below—anonymously, if you prefer—and we may share your response with fellow subscribers in an upcoming newsletter.

Since 2011, 16 states have passed laws providing education savings accounts (ESA) for qualifying families to spend on private educational expenses, including private school tuition, tutoring, and homeschooling. 

Do you support or oppose providing families with taxpayer funding for private educational expenses?

Click here to respond!

School board update: filing deadlines, election results, and recall certifications

In 2023, Ballotpedia covered elections for over 9,000 school board seats in more than 3,000 districts across 34 states. We’re expanding our coverage each year with our eye on the more 13,000 districts with elected school boards. 

Election results from the past week

On May 21, Ballotpedia covered 488 school board primary elections in Georgia, including in Gwinnett County Public Schools, the state’s largest district. 

Ballotpedia is covering all school board elections in Georgia this year (as well as in Michigan and Wisconsin).

Upcoming school board elections

California

On June 4, voters in California’s Temecula Valley Unified School District will decide whether to recall Trustee Area 4 representative Joseph Komrosky. This will be the sixth school board recall in the country to go to a vote this year. 

The recall effort started after the board voted 3-2 against a new social studies curriculum published by the Teachers Curriculum Institute (TCI) at a board meeting on May 16, 2023.

Click here to read more. 

Nevada

On June 11, Ballotpedia will cover school board primary elections in the state’s largest districts—Clark County School District and Washoe County School District.  

States sue the Biden administration over new Title IX regulations that bar discrimination on the basis of sexual orientation and gender identity

On April 19, the U.S. Department of Education (DOE) announced an update to Title IX of the Education Amendments Act of 1972, expanding bans on sex-based discrimination in schools to include gender identity and sexual orientation. In response, attorneys general in at least 26 Republican-led states sued the Biden administration. 

We featured a pair of contrasting opinions on the new Title IX rules in last week’s edition. 

Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Here’s what to know about the new rules and the political response. 

What the new rules cover 

The DOE’s new Title IX regulations will determine how schools, universities, and colleges will handle discrimination complaints. The final regulations span more than 1,000 pages. According to the DOE, the regulations “provide greater clarity regarding: the definition of ‘sex-based harassment’; the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; and schools’ obligations to provide an educational environment free from discrimination on the basis of sex.”

U.S. Education Secretary Miguel Cardona said, “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”

Regulations covering sexual orientation and gender identity have received the most attention. 

What the new rules say about sexual orientation and gender identity 

The new rules state that sex-based discrimination includes discrimination on the basis of sexual orientation and gender identity. According to the DOE, “The rule prohibits discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs applying the reasoning of the Supreme Court’s ruling in Bostock v. Clayton County.” 

In Bostock, the U.S. Supreme Court (SCOTUS) ruled employers cannot fire an employee for being gay or transgender under the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, among other things. In his majority opinion, Justice Neil Gorsuch wrote, “For an employer to discriminate against employees for being homosexual or transgender, the employer must intentionally discriminate against individual men and women in part because of sex.” 

Under the new regulations, schools that do not allow students to use bathrooms or locker rooms that align with their gender identity could be found in violation of Title IX. Title IX would also require schools to respect students’ chosen pronouns. 

The new regulations do not cover transgender athletics participation 

The DOE originally planned to prohibit schools from enacting blanket bans on transgender athletes, but that proposal is pending further review. According to MultiState, a government relations firm that tracks legislation, 24 states have enacted laws banning transgender students from participating on teams that match their gender identity.

Here’s what else the regulations cover

Among many other things, the regulations also undo several 2020 changes made to Title IX under President Donald Trump (R) that added protections for students on college campuses accused of harassment or sexual assault. The regulations, for example, allowed for cross-examination between the accused and the alleged victim. Critics worried the policy would make students less likely to come forward about sexual harassment or assault, while proponents said it would make the process fairer for all parties. Under the new regulations, colleges and universities are not required to conduct in-person cross-examination. 

At least 26 states are suing the federal government in response to the new regulations

By April 29, attorneys general from Texas, Louisiana, Mississippi, Montana, and Idaho had filed lawsuits against the Biden administration. All five attorneys general are Republicans, and all represent states with Republican trifectas. 

As of this writing on May 22, the number of states individually suing the federal government or joining lawsuits had risen to 26. All 26 states except Kansas and Kentucky have a Republican attorney general and governor. Kansas and Kentucky have Republican attorneys general but Democratic governors.

On May 21 in Texas, the Carroll Independent School District Board of Trustees voted 7-0 to sue the Biden administration over the new Title IX rules. The Alliance Defending Freedom, an organization that says it is “committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life,” will represent Carroll ISD. 

Carroll ISD is the 126th-largest in Texas, with about 8,500 students. 

Carroll ISD previously passed a resolution condemning the new changes to Title IX. Other Texas districts have also passed resolutions opposing the DOE’s changes. 

Here’s what the states suing the federal government allege

The attorneys general lawsuits allege only Congress can redefine Title IX to include gender identity and sexual orientation and that including those categories would harm women and girls. 

For example, attorneys general in Louisiana, Mississippi, Montana, and Idaho said new regulations would “flip Title IX on its head by likely causing discrimination against women rather than prohibiting it: Among other things, women (a) will be deprived of equal athletic opportunities, (b) will be forced to accept claims about what makes a person a women that often rely on sex stereotypes, and (c) will likely suffer increased sexual violence as a result of the Rule’s failure to provide any safeguards against sexual predators who will exploit the defects in the Rule by claiming a female gender identity even if they do not suffer from gender dysphoria so that they can access women’s bathrooms, locker rooms, and showers.” 

In a different lawsuit, attorneys general for Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia argue Congress has not expanded Title IX beyond “sex” and that the new rules are an example of  “unauthorized lawmaking by regulators set on carrying

out the Biden Administration’s whole-of-government approach to ‘prohibit[ing] discrimination on

the basis of gender identity or sexual orientation.’”

Additionally, governors and state education leaders in several states, including Arkansas Gov. Sarah Huckabee Sanders (R), Texas Gov. Greg Abbott (R), Florida Gov. Ron DeSantis (R), and Louisiana Secretary of Education Cade Brumley, have told schools and universities not to enforce the new Title IX regulations. 

When do the rules take effect? 

The DOE’s updated regulations go into effect Aug. 1.

Here’s the background on Title IX

President Richard Nixon (R) signed the Education Amendments of 1972 into law on June 23, 1972. The package of provisions amended the Higher Education Act of 1965 and the Elementary and Secondary Education Act (ESSER). One of the provisions was Title IX, which prohibited public and private schools and higher education institutions receiving federal funding from discriminating on the basis of sex.  

Title IX’s wording has not changed since 1972, but the DOE’s interpretation of it has. For example, the DOE did not originally interpret Title IX to cover sexual harassment or assault. That began to change in 1992, when the U.S. Supreme Court ruled in Franklin v. Gwinnett County Public Schools that harassment victims could claim monetary damages under the law. 

In The Transformation of Title IX: Regulating Gender Equality in Education, Boston College Professor R. Shep Melnick writes: “Although Title IX has long been associated in the public mind primarily with intercollegiate athletics, it covers all aspects of education, from English and math courses to sex education and intramural sports, from schools’ treatment of pregnant students to first-graders’ interaction on the playground, from sexual relations between college students to the pronouns used by transgender students.”

The DOE’s Office of Civil Rights (OCR) is responsible for enforcing Title IX.

Extracurricular: education news and numbers from around the web

This section contains links to recent education-related articles from around the internet. If you know of a story we should be reading, reply to this email to share it with us! 

Take our Candidate Connection survey to reach voters in your district

Today, we’re looking at survey responses from Alisa Allred Mercer and Melanie Mortensen, two of the three candidates running in the nonpartisan primary for Davis School District, Precinct 1, in Utah on June 25. 

Alex Densley is also running in the election but has not completed the survey. 

The Davis School District is the second largest in Utah, with an estimated enrollment of almost 75,000 students. It is located north of Salt Lake City.

Here’s an excerpt from Mercer’s answer to the question, “What are the main points you want voters to remember about your goals for your time in office?”

  • “An excellent public education system is one of society’s most important duties. When done well, it graduates citizens who become learners, parents, teachers, and great leaders. Communities- The economic stability of our community is dependent upon great schools. Property values are strengthened when districts provide well-equipped schools, including libraries, sports facilities, science labs, and technology resources. Good schools make a community more desirable. Communities benefit from schools that are diverse, integrated, and inclusive. As your school board member, I will always make policy decisions that are based on promoting successful and vibrant communities.”

Click here to read the rest of Mercer’s responses. 

Here’s an excerpt from Mortensen’s answer to the question, “What are the main points you want voters to remember about your goals for your time in office?”

  • “As a former teacher, I know what it’s like to be on the front lines. I know what a difference a solid curriculum and a supportive administrator makes. I know the obstacles teachers face and I have spent the past few years teaching parents how to have conversations with their teachers in a calm and respectful way. I will advocate for our teachers and our support staff, not just at our local level, but with the connections and relationships I have developed with our State School Board and our Legislators. I will never call out teachers, staff or students on social media. I will be the one bringing everyone to the table to find common ground, encourage cooperation and increase compassion.”

Click here to read the rest of Mortensen’s responses. 

If you’re a school board candidate or incumbent, click here to take the survey. If you’re not running for school board, but there is an election in your community this year, share the link with the candidates and urge them to take the survey!

In the 2022 election cycle, 6,087 candidates completed the survey. 
The survey contains more than 30 questions, and you can choose the ones you feel will best represent your views to voters. If you complete the survey, a box with your answers will display on your Ballotpedia profile. Your responses will also appear in our sample ballot.