The Upper Adams School Board on Tuesday voted 6-3 to sign a contract with a controversial law firm after members of the community once again pleaded with the board to reject it.
Parents, educators, alumni, students and former board members over the past few months attended board meetings and spoke out against the Independence Law Center, or ILC.
Several Pennsylvania school districts have engaged with the Harrisburg-based law firm, which has faced public criticism for its policies related to book restrictions and transgender student bathroom use.
Five community members spoke against the ILC Tuesday. There were roughly 60 people in attendance.
“Whether or not you like it or believe it or support it, LGBTQ-plus students and staff exist, always have and always will,” said Marilyn Dolly, a parent of three Biglerville alumni. “Introducing policies that further marginalize them will not change reality but will most certainly increase harm to them and send a clear signal that they are not part of the all students you wish to protect, nurture and educate.”
Adam Tuckey described himself as a “once proud” alumnus who chose to raise his three daughters with his husband in Upper Adams.
“You do not care about what we as a community say or do,” Tuckey said to the board. “You do not care about me, we, he, she, they, thems or us-es. Some of you simply care about yourselves.”
Community member Yeimi Bautista did not mention the ILC by name but read a statement that appeared to warn against discriminatory policies. She invited anyone who believes they are being discriminated against to reach out to the Pennsylvania Human Relations Commission and file a complaint. The commission enforces state laws that prohibit discrimination.
When it came time to vote on the proposed contract of legal representation from the ILC, board member Susan Crouse attempted to table the motion, which was voted down. Crouse suggested the board take more time to consider the contract. She said the board might consider the Education Law Center, another law firm that Crouse said offers similar services to ILC but does not have a Christian connection and does disclose its donors.
Board member Marya Djalal said the district works with other faith-based organizations, such as John’s Meals and Camp Nawakwa.
Board member Kay Hollabaugh described the ILC contract as “vague and poorly written.” The contract is slightly longer than one page in length. View the contract here.
The contract reads, in part, “We hereby retain Independence Law Center (‘ILC’), to provide legal representation and to provide legal and policy advice regarding school policies. As with any legal matter, ILC provides legal expertise, and Client sets the objectives of the representation. The law center will also provide legal representation for student records, athletics, and privacy policies.”
Board member Neil Weigle compared the district’s primary legal counsel, Stock & Leader, to a general practitioner, and likened the ILC to a specialist worth considering for a second opinion on certain matters.
The district is retaining Stock & Leader while adding ILC to its legal team.
Board member Gerald Walmer said he read policies ILC had written and did not feel they were hateful or discriminatory. Walmer said he would welcome hearing from the Education Law Center as well.
Djalal and Hollabaugh debated the role of board members.
“We are elected but we are elected as individual persons to review and make decisions based on our conscience,” Djalal said.
Hollabaugh said board members must put their constituents before their personal beliefs. She questioned how many members of the community support the ILC.
“If this room were filled with people who wanted to engage the ILC and had they been coming and submitting letters and texting and stopping to talk, even though I didn’t want…the ILC, I would be listening to my constituents,” Hollabaugh said.
Djalal said she has communicated with supporters of the ILC who do not wish to speak publicly. Hollabaugh said she heard from two such individuals.
Hollabaugh, Crouse and board President Jim Lady voted against approving the contract. Djalal, Loren Lustig, Tricia Plank, Walmer, Weigle and Heather Young-Cover approved the contract.
Lady said he would not sign the contract. He directed Lustig as vice president to sign it instead.
State budget and artificial turf
Also on Tuesday, the board considered a feasibility study that assessed the potential cost of installing artificial turf fields.
The district received an anonymous donation toward turf fields, according to school officials. Superintendent Wesley Doll in an email said the amount is not being shared at this time, but it is considered “seed money” to help generate additional donations.
Brian Bingeman of Turf, Track & Court LLC in Hershey presented artificial turf options for the stadium, soccer field, softball and baseball fields, and the field hockey field. The estimated total cost for each area ranged between $1.8 and $4.4 million for installation, including lighting, stormwater management, utilities, fencing, and other expenses.
The board did not make a decision on the artificial turf proposal.
Other Business
In other business, the state budget approved July 11 allotted more funding for Upper Adams than expected.
Business administrator Shelley Hobbs said the district is receiving about $150,000 more than budgeted for basic education and approximately $107,000 more than budgeted for special education.
The board will next meet for policy committee Aug. 1 at 9 a.m., Aug. 6 at 6:30 p.m. for curriculum and extra-curricular committee and the business and operations committee, and Aug. 20 at 7 p.m. for its regular meeting.
Mary Grace Kauffman, freelance reporter, worked six years as a full-time reporter for newspapers in Pennsylvania and Maryland. She has covered topics including business, crime, education, government and features. Mary Grace has a bachelor's degree in communication/journalism from Shippensburg University. She resides in Adams County.