Good news for student representation in the Howard County Public Schools!
Appeals court upholds Howard County’s method of selecting student school board member, Jess Nocera, Baltimore Banner
Before I get into the meat of this, let me first say that the photographer for the Banner, Ulysses Muñoz, has taken one of the most appealing photos of Central Office that I have ever seen. It makes the building look genuinely appealing.
Exterior of Howard County Department of Education, 2/27/2024. (Ulysses Muñoz/The Baltimore Banner)
Now, let’s get serious.
From the article:
Howard County students will still have a say in the pupil who represents the district’s entire student body on the board of education, the U.S. Court of Appeals for the Fourth Circuit ruled Wednesday.
The court turned away a challenge to allowing public school students, but not those who attend private schools, to vote on their representative on the school board, saying the process does not violate the Constitution’s equal protection clause, nor the First Amendment’s guarantee of the free exercise of religion.
The legal question decided by the appeals court goes back to a dispute during the days of the pandemic lockdown. Certain angry parents decided that what was wrong with a vote to continue with distance learning was that one student, Zach Koung, had a say in the outcome. Since the vote did not go the way these folks had wanted, they focused their ire on the student member of the board, or SMOB, as they are known colloquially.
Here is some background information - - although clearly it is commentary - - from two pieces I wrote in 2022 and 2020, respectively.
Once Upon a Time in Howard County, Village Green/Town², 8/25/2022
The Big Lie and the Extremely Tiny Lawsuit, Village Green/Town², December 17, 2020
Once upon a time in Howard County a Student Member of the Board named Zach Koung was ridiculed and vilified by members of the public.
They don’t like what he does, they don’t like what he says, they don’t like how he says it. They don’t like his facial expressions and his body language. And let’s look at the kinds of things they object to:
- Speaking to racial equity issues
- Supporting the removal of SRO’s from schools
- Anything that could be characterized as “Progressive”
And then they didn’t like how he voted, either. Hence, the lawsuit. If we don’t like the result of this vote, maybe SMOBs shouldn’t have a vote. It seemed a simple, effective solution.
I want to stress that all of these lawsuits stem from one vote that made some people angry, and one particular SMOB that rubbed them the wrong way. This did not arise as the result of thoughtful community members who had given time and study to the Howard County SMOB process in order to see both the big picture and the inner workings.
They were mad. They didn’t get their way. And they would’ve gotten their way if it weren’t for that meddling kid.
Of course I am not a lawyer, but, it seems to me that this is not solid ground on which to base a lawsuit.
If you have followed this issue you will note that those bringing the lawsuits have come up with any number of reasons why a student should not be elected by fellow students to serve on the school board, and why that student, so elected, should not have a vote. It is almost a case of throwing everything at the wall to see what would stick. (I mean, really: freedom of religion?)
None of the legal talking points show any understanding of the core reasoning for having a student member of the board in the first place.
1. Students have first-hand knowledge of the school system in a way that no one else has.
2. The SMOB process is not just an exercise in Student Voice, but also a hands-on learning experience in participating in the Democratic process on which our entire nation is based.
A voting student member of the board benefits the board by representing perspectives that might otherwise be unheard. The election process benefits students across the school system by giving them a voice in choosing a representative whose votes on the board will have tangible, real-world consequences.
These are both good things, and worthy, in my opinion, of community support. The lawsuits in opposition point out another valuable lesson in democracy: it’s important to keep an eye on the people who want to take away your vote. I hope that our HCPSS students are learning how important their votes are, both now and in the future.
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