Penn Manor school board should show due diligence [column] (2024)

The residents of the Penn Manor School District appear to agree on a lot of issues. Most want policies that enable all students to feel safe and respected. They don’t want to discriminate (which would be against the law). They don’t want lawsuits. They don’t want to divide their community. And they want to save money.

Many also agree that Independence Law Center has its own agenda (which some think is super and others believe is problematic, at best).

The members of the Penn Manor school board plan to vote Aug. 19 on whether to sign a fee-free contract with Independence Law Center to write policies addressing gender issues.

These policies could be written more effectively and compassionately if board members did their due diligence.

I urge board members to explore their better options before the next meeting and to act in the best interests of all the students in their district, as is their responsibility.

The way many Pennsylvania school boards begin to create policy is to ask the Pennsylvania School Boards Association for guidance or a sample policy. Then the school board directors (or a subcommittee of them) amend that sample policy to address specific needs of their district.

The subcommittee might compare its district’s policies with others available online. Finally, a draft comes before all the board members for revision and review. The board then sends this final draft to its solicitors for legal review. This practice saves school boards money on legal fees. The board eventually votes on the solicitor-approved policy.

In my recollection, not one member of the Penn Manor school board has mentioned any efforts to get free model policies from the Pennsylvania School Boards Association at any of the public meetings discussing Independence Law Center. Why not?

Some members claim to have been wanting policies for two years, and yet apparently they have not done any research (or due diligence) by reaching out to the Pennsylvania School Boards Association. Instead, school board member Anthony Lombardo read a full policy written by Independence Law Center for another school district at the Aug. 5 meeting.

Nor has the board had representatives of its current solicitor, Saxton & Stump, provide their perspective on the creation of gender-related policies at a board meeting.

At the Aug. 5 meeting, I heard board member Matthew Beakes say he reached out to Saxton & Stump but received no response. Many law firms are tasked with only dealing with one representative of a board or organization. This policy is to reduce legal fees so that time is not billed for the same questions.

The Penn Manor board may not be getting responses because of such a policy. It’s difficult to say, though, when the board members will not take direct questions. During discussions about Independence Law Center at the past two meetings, no one on the board has clarified why Joseph Fullerton, the board president, has not required Saxton & Stump to have a representative present at the school board meetings to address policy concerns.

As is obvious from the Aug. 5 and June 17 Penn Manor school board meetings, the hiring of a right-wing religious law firm would divide the community. Independence Law Center is the legal arm of the Pennsylvania Family Institute, which is designated as an anti-LGBTQ+ hate group by the Southern Poverty Law Center. Signing a contract with this firm would demoralize many Penn Manor students, teachers and parents, past and present.

Some of these students spoke eloquently at the Aug. 5 meeting. So did many parents and concerned citizens. The overwhelming majority spoke in favor of creating gender-related policies but were against hiring Independence Law Center to do so.

The school board has other options to create these policies, and it should use them. Why rush into an action — over the summer — that has already divided the community and hurt some students?

Instead, board members should take advantage of what’s available from the Pennsylvania School Boards Association and avoid the ire of the community and the possibility of lawsuits.

At the June 17 meeting, school board member Mitchell Sweigart suggested that the board draft its own policies, yet this rational (and commonplace) approach was virtually ignored by those on the board who are proponents of contracting with Independence Law Center. Why are five members seemingly insisting on a path that would demoralize LGBTQ+ communities and make LGBTQ+ students feel unsafe?

According to the Pennsylvania School Board Association’s “Principles of Governance and Leadership,” school board members pledge “to lead responsibly, act ethically, plan thoughtfully, evaluate continuously, communicate clearly, advocate earnestly and govern effectively.”

The association’s principles also state that board members are supposed to “make data-informed decisions.” Yet Penn Manor board members have not brought forth any such information from their solicitor or the Pennsylvania School Boards Association. In my view, such a lack of due diligence violates their duties to lead responsibly.

On top of that, according to a June 12 email to the board from Penn Manor Superintendent Phil Gale, the district’s insurance carrier has cautioned school districts against creating policies that could be considered discriminatory toward certain students or staff. Working with Independence Law Center could lead to costly legal consequences that affect taxpayers.

Penn Manor board members still have the option to act responsibly to create policies, avoid potential lawsuits, restore harmony to the district and protect taxpayers. The board members should listen to their constituents. There is no reason to divide the community when other options exist.

However, if board members continue to force a decision — without doing their due diligence — Pennsylvania does have ways to remove board members by court order for neglect of duty. It’s straightforward: Ten taxpayers of the school district must bring a petition to the court.

The board could find noncontroversial law firms to create policies to accomplish these goals, and it can also use the Pennsylvania School Boards Association for free. Board members should do their due diligence by exploring their many options before the next meeting and avoiding the division and hurt that hiring Independence Law Center would cause.

In creating gender-related policies with unbiased legal resources rather than with a controversial law firm, board members would be doing their due diligence, respecting every student and avoiding more needless and unproductive controversy.

Jill Craven is a resident of Lancaster Township.