News Articles

September 11, 2008

Fair Haven teacher sues school over lobby issue

By Cristina Kumka Herald Staff

FAIR HAVEN — A high school social studies teacher is suing a grade school in his town over a $1,400 line item in the school's budget that he says goes to a cause he doesn't support - lobbying state legislators for public education causes.

Curtis Hier, founder of the political action committee First Class Education for Vermont, filed a civil complaint in Rutland Superior Court Aug. 22 urging the courts to make a judgment on the "rights of a school board to spend public money on lobbying efforts by a private organization."

Hier says his case against the Town School District of Fair Haven, comprised of the Fair Haven Grade School, is about using his money as a taxpayer toward an organization he doesn't support in theory and in practice, the Vermont School Boards Association.

The money is relayed to the VSBA in the form of a $1,400 fee, a part of the voter-approved school budget, according to the complaint and educators involved in the case.

When it comes to convincing lawmakers what's best for Vermont students, the VSBA, in conjunction with two other powerful public education associations, are blocking out diverse opinions, including his, through its lobbying efforts, according to Hier.

"It makes it seem that the educational community has reached consensus when it hasn't," Hier said.

But school officials, the VSBA and education experts argue that Hier's complaint doesn't have any legal merit and the teacher's crusade to fight lobbying isn't supported by the public or elected school boards.

In response to Hier's complaint, the VSBA and the Fair Haven school district are joining forces to have it dismissed.

According to Superintendent Ron Ryan of the Fair Haven district and Addison Rutland Supervisory Union, the fee used to pay the VSBA for lobbying efforts in Montpelier is well worth it.

"These organizations go in and support the bills that support school boards," Ryan said. "Those bills support the school boards' perspective."

According to VSBA executive director and lobbyist John Nelson, lobbying involves "letting legislators know the impact a proposal may have on local school districts."

"What we do is have a resolution adopted by the membership, then we state what our positions are on issues," Nelson said. "It's some kind of affirmative work on our part to get things done."

Nearly all of Vermont's 245 town, city and incorporated school districts subscribe to the VSBA, according to Nelson. Annual fees from those districts support the association's approximate $500,000 budget for paying three employees, conducting School Board workshops and issuing newsletters and bulletins.

The fees also go toward lobbying efforts. About 10 percent of VSBA's budget goes toward lobbying, according to Nelson and the VSBA's motion to dismiss.

Since April of last year, John Nelson received $44,444 as compensation for lobbying on behalf of the association's member school districts, according to financial disclosure information posted on the Secretary of State's Web site.

The VSBA is fighting Hier's suit to protect its authority to collect fees from school districts to support its operations.

Hier, who in 2006 sued Fair Haven Union High School after administrators failed to promote him, said his views are not represented by the VSBA and he doesn't want his tax dollars used by the School Board to pay them.

Paul Cillo, the executive director of the Public Affairs Institute, a nonprofit governmental research organization based in Montpelier, said a lawsuit brought by one taxpayer representing one political action committee against the policy of an elected school board may not be able to stand in court.

"He may not be reflecting the ideas that are supported by enough people to have influence," Cillo said.

But in light of the complaint, the School Board should determine if the VSBA is really representing its interests, Cillo said.

Fair Haven School Board members declined to comment on Hier's case, referring only to their attorney.

Contact Cristina Kumka at cristina.kumka@rutlandherald.com.