Sex education bill not about transparency

Supporters of Senate Bill 65 in the Indiana Legislature say they want to enable parents to inspect the materials that schools use to teach sexuality education. But that’s not what this legislation is about.

Parents already have a right to see textbooks and instructional materials used by public schools under the Indiana Access to Public Records Act. So does anyone else who wants to see them.

Luke Britt, the state public access counselor, confirmed that the materials would almost certainly have to be shared as public records. And I don’t believe any responsible public-school administrator would refuse to let parents or others see them. They’re public schools, after all. That’s also true of science and social-studies materials, which can also be controversial.

Instead, SB 65 aims to make it harder for schools to teach about sexuality – especially aspects of sexuality, specifically mentioned in the bill, that the measure’s supporters condemn. It would prohibit public schools from providing “instruction on human sexuality, including sexual activity, sexual orientation or gender identity” without written consent from parents.

Continue reading

Advertisements

State education department opts for secrecy

The Indiana Department of Education still refuses to disclose data used to determine A-F grades for schools in 2014-15, despite receiving a letter from Indiana Public Access Counselor Luke Britt that says the data should be made public.

I’ve requested the information twice, arguing it should be disclosed under the Access to Public Records Act. And the department has rejected my request twice, insisting the data falls under an exception for records that are speculative or expressions of opinion and are used for decision-making.

But I’m not asking for anything deliberative. I’m asking for numbers – the scores on a 4-point scale that were used to establish what grades schools would receive.

Remember that Indiana switched to new learning standards and a tougher ISTEP exam in 2014-15. Passing rates dropped dramatically. As a result, the General Assembly passed “hold harmless” legislation that said no school would get a lower grade than it received the previous year.

When the Department released grades in January, it didn’t indicate which schools were being held harmless and which actually earned the grades they received in 2014-15. And unlike in previous years, it didn’t include the scores on a 4-point scale that schools earned.

After the department turned down my first request for the data, I filed a complaint with the Office of the Public Access Counselor, the state agency tasked with advising government officials on the public records and public meetings laws. Britt initially sided with the department in an advisory opinion to my complaint, labeled 16-FC-34.

But on the advice of Steve Key, executive director of the Hoosier State Press Association, I provided the counselor with additional information clarifying that I was seeking data, not deliberative material. In a June 2 follow-up letter, copied to the Department of Education, Britt said the data should be released: Continue reading