Public Schools: Does the Law Matter?

Last week Melissa Beckett, a North East ISD Parent, presented at the last hearing in her grievance process that started months ago. A process that might make you wonder: “Does the law matter?”

In early May 2016 Melissa learned that the North East ISD Board of Trustees would be voting on whether or not to adopt a new middle school human sexuality curriculum at their regularly scheduled Board Meeting on May 9, 2016. She was interested because she has two boys who would be affected. Melissa attended the Meeting along with dozens of other interested parents.

After hearing the presentation of the curriculum “Draw The Line, Respect The Line” by district employees, parent concerns, and the Board Members’ final vote adopting the curriculum beginning Fall 2016, Melissa’s interest turned to concern. Not only did the curriculum seem different from local community values, but most importantly the curriculum did not appear to meet the Texas Education Code §28.004 (e).

The Texas Education Code §28.004 (e), passed into law by our Texas Legislature in 1995, was drafted and adopted to ensure that Texas Public School districts not only mention abstinence education in their human sexuality curriculum, but STRESS abstinence. If the district chooses to teach human sexuality, which the law maintains is an option not a requirement, 5 specific content requirements MUST be met that address stressing abstinence.

Melissa studied the newly selected curriculum “Draw The Line, Respect The Line” and compared it to the Texas Education Code §28.004. Melissa concluded that the curriculum did not conform to the Texas Education Code, specifically §28.004 (e).

Melissa was surprised that North East ISD adopted a curriculum that did not conform to the law. She assumed she might have missed something of importance so she met with the North East ISD Superintendent, Dr. Gottardy and some of his senior staff on December 13, 2016. At this meeting, Melissa was assured that the district took the law seriously and that “Draw the Line, Respect the Line” did conform to the Texas Education Code.

Melissa provided the district with her analysis, based on factual information from the curriculum and the Texas Education Code, as well as her conclusion that the curriculum did not conform to the law. Melissa asked that the district review her analysis and please inform her as to what she had missed? Which of the 14 “Draw The Line, Respect The Line” lessons met the law? Melissa also expressed her intent to continue to educate parents regarding the details of the curriculum and her analysis.

Absent any follow-up from the district, Melissa felt it imperative that she educate North East ISD parents on what she had learned. The need was urgent as the curriculum was already being taught in some NEISD schools/grades and the rest of the middle school students would receive the curriculum during Spring Semester 2017. On January 23, 2017, the day before Melissa was scheduled to present her findings concerning the curriculum to a local church, she received a certified letter from North East ISD.

The contents of the letter not only professed the District’s adherence to the Texas Education Code and it’s contention to defend itself vigorously to any claim stating otherwise, the letter also violated Melissa’s first amendment rights of free speech in an effort to halt her presentation or pressure her to omit sections of her presentation. The District sent a copy of the same to the local church. Melissa’s presentation did go on after she and the local church received confirmation from an attorney that she could move forward with the presentation and had a First Amendment right to express her opinion/analysis. Although the letter was alarming, Melissa did not allow the letter from the district to stop her quest to educate parents and she continues to do so today.

Of further concern, in January 2017 North East ISD’s SHAC (Student Health Advisory Council) abruptly stopped holding open meetings when they received push back on “Draw the Line, Respect the Line.” The SHAC is the committee that proposed “Draw the Line, Respect the Line” to the district. In addition, the current SHAC meeting minutes were no longer available online for public review. This is important because the purpose of the SHAC is to ensure that local community values are reflected in our public school districts. See Texas Education Code §28.004. Can local community values be reflected if these meetings are not open for concerned parents and community members and meeting minutes are not promptly posted for easy access and review?

In February 2017 Melissa filed a Grievance with North East ISD alleging that “Draw The Line, Respect The Line” did not meet the requirements of Texas Education Code §28.004 (e) and should not be offered in our schools. Until Melissa received the District’s certified letter in violation of her First Amendment rights, she believed she was partnering with NEISD as described in the Texas Education Code Chapter 26 Parental Rights and Responsibilities. Upon receipt of the certified letter on January 23, 2017, it became very apparent that the District was taking an aggressive adversarial stance opposed to her viewpoint, opinion, research, analysis and request for reconsideration.

Ultimately Melissa filed all Four Grievance Levels allowed by North East ISD. Employees of the district reviewed Melissa’s claims and her requested remedies and all were denied at all levels.

Melissa’s major claims and requested remedies are as follows:

1. The letter I received from the District on January 23, 2017 is a violation of my rights to freedom of speech and assembly under the United States Constitution, First and Fourteenth Amendments.

Level 4 response: No court has found the curriculum violates the law, which forced the district to write the letter to Ms. Beckett; Ms. Beckett admits she moved forward with the presentation, she has suffered no harm.

2. “Draw The Line, Respect The Line” curriculum instruction in our middle schools should be halted immediately, and the District should return to the previously approved and taught curriculum, “Choosing The Best” (“Choosing The Best” meets Texas Education Code §28.004 (e).

Level 4 response: Other districts are using “Draw The Line, Respect The Line.” No state or federal court or administrative agency or any other governmental advising body has said that “Draw The Line, Respect The Line” somehow violates the relevant provisions of the Texas Education Code. We feel strongly “Draw The Line, Respect The Line” presents abstinence in the way the law requires.

3. The Student Health Advisory Council (SHAC) is subject to the Texas Open Meetings Act. See Tex. Atty Gen. Op. Nos. H-467 (1974) at 3–4, H-438 (1974) at 3.

Level 4 response: The District is creating a new website that will be available the end of June. At this time we are doing our 2nd big review. We have decided “Draw The Line, Respect The Line” is again meeting our needs. SHAC meetings are not covered by the open meetings act, SHAC is not a policy making body, only an advisory committee. The Board is a policy making body. (Although, the Board has adopted every SHAC recommendation in Melissa’s review of meetings since 2011.)

Does the Law matter? The district admits sending a letter in violation of Melissa’s first amendment, but justifies its actions because it finds no harm. The district has closed SHAC meetings that should legally reflect local community values and be parent led. The district continues to find that “Draw the Line, Respect the Line” is good for students behind closed doors. The district defends their choice of “Draw the Line, Respect the Line”, although the curriculum fails to conform to the law.

What can you do?
1. Let us know if you have received any letter from North East ISD in violation of your First Amendment.
2. Volunteer to be a voting member on the SHAC in your school district.
3. Review “Draw the Line, Respect the Line” at North East ISD and evaluate whether you believe the curriculum conforms to the law. If you don’t think it does, take action by becoming a SHAC member, opt your student out, communicate your evaluation to the district and the Board.
4. If you’re not in North East ISD, find out what your district is teaching.

Consider: