Why Should Delaware Care?
Local school boards are the governing authority for school districts, and ongoing controversies have led to lawsuits that could cost some school districts millions of dollars. Five bills aiming to create stronger requirements for boards of education were discussed during the March 26 House Education Committee meeting.
A package of five education bills that will mandate stronger transparency and oversight rules on Delaware school boards are headed to a vote of the state’s House of Representatives.
And two of those bills would directly address the biggest controversies in Delaware schools recently – the Christina School District Board of Education’s violations of open meeting laws last year, and questions around whether one of its board members now lives abroad.
On Wednesday, Delaware’s House Education Committee sent the five bills to the full House. It approved three by a vote of the committee and announced that it would use a separate legislative maneuver, called walking the bills, for the other two.
In a statement, House Democrats said the bills “would ensure greater accountability and oversight for school board members while giving the public more opportunities to participate in school board meetings.”
Rep. Madinah Wilson-Anton (D-Bear) said her two bills are in response to Christina Board of Education Member Naveed Baqir’s physical absence from the district.
Last year, the Newark Post reported that the Delaware Department of Justice was reviewing claims that Baqir no longer lives in the United States.
Wilson-Anton’s bills – House Bill 82 and House Bill 83 – would require that school board members live within their district’s footprint, and would require them to attend meetings in person, with exceptions only for health reasons or military deployments.
Baqir has only attended one Christina School Board meeting in person during the past 13 months. He has said he lives in Pakistan to attend medical school and care for family.
Beyond questions around Baqir’s residency, the Christina School Board was at the center of another controversy last summer after the Department of Justice found that it violated open records laws by holding an unannounced executive session for an improper purpose.
It also said that the district failed to provide adequate public notice for its March and May meetings. During those meetings, board members voted on contract rescission and on a no-confidence measure for then-Superintendent Dan Shelton.
The board then held a nearly eight-hour-long meeting in July, where the majority voted to remove Shelton.
During that meeting, Board Member Doug Manley also called a point of order to say that Baqir is no longer a resident of the district due to prolonged residency outside the country.
In December, Shelton filed a federal lawsuit against the district and four of its board of education members, arguing that he was wrongfully terminated and seeking more than $2.7 million in compensation.
Mandated background checks
Also among the five education bills that are proceeding to committee is one that seeks to clarify how background checks will be conducted for school board members.
House Bill 85, sponsored by Rep. Kim Williams (D-Stanton) aims to make it clear that a future board member can’t be appointed unless a background check is completed and the Commissioner of Elections has determined the person is qualified for the seat.
The bill states that background checks must be completed within 15 days of a request, and the State Bureau of Identification (SBI) provides criminal background check results.
Separately, Williams’ bill also explains that if there is a vacancy on a school board — for reasons other than the term ending — an individual will be appointed by the remaining members of the board for the remainder of the fiscal year.
A new board member would then be elected at the next regular school board election.
More viewing options for the public, training for board members
The last two school board bills that are headed to the full House relate to board member training and the ability for the public to view meetings remotely.
House Bill 64 would require that all school boards have the ability for people to attend the board meetings and provide public comments remotely.
Boards of education are not currently required to hold virtual options for the community, but they are required to record all of their public meetings and make them available to the public on their website within seven business days of each meeting.
House Bill 77 would require board members to undergo training on topics, such as the state’s Freedom of Information Act and on proper conduct during board meetings.
Board members are currently required to receive training for other topics, such as special education and school finances.
The Delaware School Boards Association also offers a boot camp for board members every July, covering financial training, board member responsibilities and the need to follow FOIA rules, among others topics.
Although the Christina School District board had been a longtime member of the Delaware School Boards Association, its members opted to drop out of the association last year.
