Williamston Community Schools recall, Michigan (2018)

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Williamston Community Schools Board of Education recall
Officeholders
Christopher Lewis Sarah Belanger Nancy Deal Greg Talberg
Recall status
Recall defeated Recall approved
Recall election date
November 8, 2018
See also
Recall overview Political recall efforts, 2018 Recalls in Michigan Michigan recall laws School board recalls Recall reports

A recall election seeking to remove four of the seven members on the Williamston Community Schools Board of Education in Michigan was held on November 6, 2018. Three of the members—Christopher Lewis, Sarah Belanger, and Nancy Deal—retained their seats, defeating challengers Craig Hagelberger, Debbie Hutchison, and Walter Holm, respectively. The recall of board President Greg Talberg was approved. He was defeated by Karen Potter.

The recall effort began in June 2018. Recall supporters targeted the four board members after they voted to approve two new district policies related to gender identity and bathroom and locker room use in November 2017. Click here to read more about those policies. Talberg said the purpose of the policies was to ensure all students were welcomed and supported and to provide guidance to staff to help support the needs of transgender students.

Community members opposed to the policies began the recall process. They said the district's policies prior to the new additions already addressed discrimination and equal support for all students. They also said the new policies excluded customized support for students who did not identify as transgender and did not guarantee that parents were informed of their students' behavior while attending school.

Earlier recall petitions seeking to recall the same four board members were initially approved for circulation on January 9, 2018, but on May 3, 2018, Washtenaw County Circuit Judge Patrick Conlin invalidated the recall petition language after an appeal was filed by the targeted board members.

Recall vote

Sarah Belanger Recall Election, Williamston Community Schools, 2018
Party		Candidate	Vote %	Votes
	Nonpartisan	Sarah Belanger Incumbent	54.8%	2,966
	Nonpartisan	Debbie Hutchison	44.3%	2,397
	Nonpartisan	Write-in votes	0.9%	47
Total Votes				5,410
Source: Ingham County Clerk, "Official Summary Report Novemebr 2018," accessed November 30, 2018

Christopher Lewis Recall Election, Williamston Community Schools, 2018
Party		Candidate	Vote %	Votes
	Nonpartisan	Christopher Lewis Incumbent	52.6%	2,835
	Nonpartisan	Craig Hagelberger	46.7%	2,516
	Nonpartisan	Write-in votes	0.7%	38
Total Votes				5,389
Source: Ingham County Clerk, "Official Summary Report Novemebr 2018," accessed November 30, 2018

Nancy Deal Recall Election, Williamston Community Schools, 2018
Party		Candidate	Vote %	Votes
	Nonpartisan	Nancy Deal Incumbent	57.1%	3,083
	Nonpartisan	Walter Holm	42.2%	2,279
	Nonpartisan	Write-in votes	0.6%	35
Total Votes				5,397
Source: Ingham County Clerk, "Official Summary Report Novemebr 2018," accessed November 30, 2018

Greg Talberg Recall Election, Williamston Community Schools, 2018
Party		Candidate	Vote %	Votes
	Nonpartisan	Karen Potter	50.2%	2,711
	Nonpartisan	Greg Talberg Incumbent	49.1%	2,653
	Nonpartisan	Write-in votes	0.7%	39
Total Votes				5,403
Source: Ingham County Clerk, "Official Summary Report Novemebr 2018," accessed November 30, 2018

Recall supporters

On the recall effort's Facebook page Williamston for Truth, supporters said the board's approval of the new policies warranted scrutiny "since existing Williamston policies already addressed bullying, harassment, discrimination and equal educational opportunities for all students." They also said that the gender identity policy excluded customized support for other students. "They wrote policy that affords customized support for the transgendered, non-conforming, so in doing so they excluded every other kid," said Jonathan Brandt, leader of the recall effort.

Brandt filed the first recall petition against Talberg after an initial proposal for the gender identity policy was shared with the community. That initial proposal would have allowed staff members to recognize a student's identified gender without parental involvement. It also would not have allowed staff members to disclose "any information that may reveal a student’s transgender status to others, including the student’s parents or guardians and other school staff,” without the student's permission unless required by law or for the student's safety, according to the Lansing State Journal. That language was taken out of the draft that was approved by the board, but Brandt said he believed the new policy still allowed students to “self-diagnose without parental notification.”

Brandt said he also opposed the bathroom and locker room use policy, though he said some progress had been made on that policy. He said he opposed it because it did not include what specific accommodations would be offered to students who felt uncomfortable in gender-segregated facilities. "There is a lot of people who disagreed with what they did who are not going to be standing out front like some of us. We wanna give them an opportunity to say their piece," Brandt said in an interview with WILX News 10.

After the fourth recall petition was approved, Brandt said, “At the end of the day, the community gets to decide whether they approve of what the board did.”

Arguments for recall

Lori Johnecheck, a district parent, published the following editorial in support of the recall effort in the Lansing State Journal on June 29, 2018.

“	Privacy and parents aren’t optional. Williamston recall efforts hinge on these two non-negotiables. Scan draft policy 8011 to see what understandably shocked an unsuspecting community. The link is still available at the end of the LSJ article from Sept. 27, 2017. The adopted version of 8011 can be accessed from the school’s website. Select “Board of Education” then “Board Policies.” Any WCS policy can be searched for there. You will notice “and/or” language in paragraph two of 8011. The “or” leaves room for the school to decide whether parents will be contacted. You won’t find qualifying language in 8011 that expressly mandates parental notification. Because of this, it’s possible for a minor to be recognized as the opposite sex at school without parents knowing. Yet, Michigan law (MCL 380.10) protects a parent or guardian’s fundamental right “to determine and direct the care, teaching, and education of their children.” 8011 sets a dangerous precedent. Parental rights should never be usurped. There is due process if abuse or neglect is suspected. Sarah Belanger appears to support discretionary notification, however. Here is her meeting discussion comment about removing the “or” language: “But, we can’t make it so parents have to know.” Belanger and Greg Talberg both sit on the policy sub-committee. He’s also fine with the “or.” He said so during the January 3, 2018 policy meeting when newly adopted 8011 was revisited. It was revisited because board members approached the policy Chair. They asked to have the “or” and the “Elliott-Larsen Civil Rights Act” legal reference removed because both had triggered recall. Adding protected categories not found in Michigan law to WCS policies was a recall factor. This overreach of legal authority is also the first count in a 10-count Federal lawsuit, which was filed against individual board members and the District in January. Local media isn’t discussing that aspect, however. Let’s look next at policy 9260-Access to Gender-Segregated Facilities. Try to find, “everyone will use the bathroom, shower and changing facility that matches their biological sex.” Not there. Vague policy defeats the purpose of policy. In this case, it also jeopardizes student privacy. One more policy to consider. 8010-Equal Educational Opportunity has existed since 1997. By Federal mandate, all students must receive equal protection, equal access and equal opportunity. 8011 appears then to be an elective policy driven by something other than equal protection or legal mandate. But, what? No other area school has a separate transgender-related policy. If inclusivity is the underlying concern, adopt a universal inclusion policy: “Any student, struggling for any reason, will receive customized District support.” Currently, every other student must go through a mandatory screening process. A student with autism, for example, may or may not receive additional requested services. Not only did board members introduce unnecessary havoc into our community, they also ignored us. Eighty plus percent of in-District email correspondance and public comment raised reasonable objections to 8011. One student even submitted a petition with over 220 WCS student signatures urging the Board not to adopt 8011. They did not listen. Most noticably Christopher Lewis sometimes didn’t even look at a speaker once during their entire public comment. Elected officials who vote against their constituents do not deserve the privilege of serving them. For “the rest of the story” visit the Williamston for Truth public Facebook page. Stay up-to-date on recall happenings as one small town American community fights for student privacy, parental rights and representative local government.	”
—Lori Johnecheck (2018)

Recall opponents

Board President Greg Talberg

"I will do everything we can to fight the recall, I think what we did was right for the kids of Williamston, it's right for our community, I am gonna fight to stay on the board, and follow through," said Talberg. He said Brandt's statement that the policy excluded other children was not accurate. He said that students were offered the same support. "We are concerned with all students, we want to make sure any student in the Williamston community schools has the support they need academically, socially, and mentally," said Talberg.

Talberg said he and the other targeted board members filed a lawsuit against the recall petition because they believed the wording implied that they had acted outside of their legal authority. "I think it gives the impression to a voter that our policies don’t comply with the law, and they do," Talberg said.

In a letter shared with the community prior to the board's vote, Talberg said the first purpose of the policies was "to ensure that the school community knows that Williamston Community Schools will be a place where all students, including those who may identify as transgender, are welcome and will be supported." He said the second purpose was to provide guidance to staff to help support the needs of transgender students.

Talberg said the board passed two separate policies in order to ensure all students, whether or not they identified as transgender, would feel comfortable at school. He also said the board always intended to balance parental involvement and student privacy rights. "The language you see now is reflective of our intent all along," said Talberg after the two policies were approved by the board.

Nicole Ellefson, a mother whose transgender student previously attended school in the district, said the new policies would "provide guidance for staff and schools that will be helpful for transgender or non-conforming kids.” Ellefson also said she believed the board did not intend to leave parents out of the discussion. “I think that everybody involved in the discussion, especially the people in the schools, understand that for a transgender kid to have the best chance of being successful – as is true of all children - is to have involved and supportive parents.”

Arguments against recall

Talberg published the following editorial in the Lansing State Journal on June 30, 2018.

“	An effort is currently underway to recall four members of the Williamston Community Schools Board of Education – Sarah Belanger, Nancy Deal, Dr. Chris Lewis and Greg Talberg. We are the targets of this recall effort. The group seeking our recall filed a slew of petitions prior to getting approval for the petition being circulated. They had dozens of petitions rejected because the language they used either lacked clarity or was not factual. The actions of this group have required the election commission to meet a half dozen times over the past eight months and have already cost taxpayers in Ingham County over $1,500. Additionally, the same group has filed a lawsuit against Williamston Community Schools in which it is seeking financial damages and reimbursement for legal fees which would further burden district taxpayers (the district has filed to dismiss this suit). While we had the right to appeal the petition language currently being circulated, we chose instead to save the community money and time by foregoing that right. Please know that the election commission’s decision is not an endorsement of the recall effort, they simply determine whether or not the reason for recall is stated factually and clearly for voters. Additionally, we are not giving up. We will continue to advocate for our kids and our schools as we fight this recall effort. Last Nov. 6, by passing gender identity policy 8011, the WCS Board of Education voted to promote the safety and well-being of all students by accepting the gender identity they assert and to customize support for those in need. Our policy, while unique, is based on a review of guidance from the state of Michigan and policies from other districts already addressing this issue and is a direct response to concerns shared by students at Williamston High School. This policy will help make Williamston Community Schools a community of learners where every child matters and is supported, including those who identify as LGBTQ. The group seeking our recall has attempted to make it appear as if our policies have taken away parental and privacy rights. In fact, the opposite is true. Our policies directly and clearly emphasize both the privacy rights of students and the importance of parental involvement. Policy 8011 states, “Parental and family support are key determinants of transgender and nonconforming student health; …School officials must consider the health, safety, and well-being of the student, as well as the responsibility to keep parents informed.” Policy 9260 states, “…WCS staff will work with the student to find an alternative that takes into account the privacy rights of all students, staff, and visitors.” The WCS Board of Education has and will respect the privacy of our students and the rights of our parents. We fully understand that parental involvement is fundamental to the successes of our school district. The group attempting to recall us claims that the board did not listen to the community. This is simply not the case. Our policy language reflects community concerns expressed at three major public hearings, several policy committee meetings, and through countless letters and conversations. As we listened to the community, many parents expressed concern about other issues they felt we should be dealing with, especially bullying and mental health. Opponents claim this policy gives preferential treatment to some students at the expense of others. This assertion is false. Policy 8011 will not cause any Williamston students to lose rights or privileges to which they are entitled. Students who assert a gender identity different from their biology face unique challenges and frequently feel excluded and isolated from their peers. Policy 8011 will enable WCS staff to consistently and thoughtfully respond to those challenges while ensuring all students have access to the same educational experiences and opportunities. It is an honor to serve on the board, and we all take this responsibility very seriously. As parents and board members, the four of us are directly impacted by the policies we consider. Our children, who are preschool through college-aged, have benefited from attending Williamston Community Schools. Our expertise in education includes more than 50 years of combined experience working in K-12 public schools and intermediate school districts, as well as for Lansing Community College and Michigan State University. Truly, we have devoted our professional lives to education. We care what happens in our schools and will continue to work to ensure that all students are educated in a safe and welcoming environment. As you decide whether or not to support this recall effort, our hope is that you base your decision on facts. We encourage you to make a decision founded not on fear and cynicism, but on hope and courage.	”
—Greg Talberg (2018)

Background

Policies adopted by the board

The Williamston Board of Education adopted two policies on gender identity and bathroom and locker room use on November 6, 2017. The policies were approved with a 6-1 vote. All four members targeted for recall voted to approve the policies. The other two members who voted to approve the policies were Joel Gerring and Kathy Hayes. Gerring resigned from the board in November 2017, and Hayes could not be targeted for recall because her term was due to expire in 2018. Board member Jeffrey West cast the lone dissenting vote.

The full policies can be found below.

“	8011 Gender Identity The Williamston Community Schools fosters an educational environment for all students that is safe, welcoming, and free from stigma and discrimination, regardless of sex, sexual orientation, gender identity, or gender expression. WCS requires compliance with local, state, and federal laws concerning bullying, harassment, privacy, and discrimination (See Policy 8260 and 8260-R Bullying). WCS shall accept the gender identity that each student asserts reflecting the student's legitimately held belief once the student and/or his or her parent/guardian, as appropriate, notifies District administration that the student intends to assert a gender identity that differs from previous representations or records. The District will customize support to allow each student's equal access to the District's educational programs and activities. Parental and family support are key determinants of transgender and nonconforming student health; therefore, student support teams, staff, and community partners should provide resources to help families and students locate information, counseling, and support services. School officials must consider the health, safety, and well-being of the student, as well as the responsibility to keep parents informed. This policy applies to the entire school community, including educators, school district staff, students, parents, and volunteers.	”
—Williamston Community Schools Board of Education (November 6, 2017)

“	9260 Access to Gender-Segregated Activities and Facilities Any student who is uncomfortable using a gender-segregated facility, regardless of reason, shall notify WCS staff of his or her discomfort. WCS staff will work with the student to find an alternative that takes into account the privacy rights of all students, staff, and visitors. The Board directs administration to incorporate single-user facilities and measures to ensure greater privacy into new construction or renovation. The Board also directs administration to assess ways to increase privacy for all students in existing facilities. This may include, for example, the addition of a privacy partition or curtain, provision to use a nearby private restroom or office, or a separate changing schedule. WCS will follow all local, state, and federal laws with respect to restrooms, locker rooms, and changing facilities. This policy applies to the entire school community, including educators, school district staff, students, parents, volunteers, and visitors.	”
—Williamston Community Schools Board of Education (November 6, 2017)

Path to the ballot

See also: Laws governing recall in Michigan

The Ingham County Election Commission approved the language on the recall petitions on June 19, 2018. The targeted board members were given 10 days to appeal the petition language. On June 29, 2018, Talberg announced they would not appeal the recall petitions, which allowed recall supporters to start circulating petitions. To get the recall on the ballot on November 6, 2018, recall supporters had to submit 1,425 signatures per board member to the county by August 3, 2018. Recall supporters announced that they submitted the petitions on August 3, 2018. The signatures on the petitions were verified, and the recall election was scheduled for November 6, 2018.

The election commission voted 2-1 on January 9, 2018, to approve an earlier set of recall petitions for circulation. Recall supporters were given until February 2, 2018, to submit 1,145 signatures for each board member to get the recall on the ballot. Those signatures were never counted, however, as the four members targeted for recall filed a lawsuit against the Ingham County Election Commission after the petitions were approved. They said the petition language had not been clear or factual. On May 3, 2018, Washtenaw County Circuit Judge Patrick Conlin invalidated the recall petition language.

The petitions from three previous recall efforts started by Jonathan Brandt, leader of the recall effort, were rejected by the Ingham County Election Commission in clarity hearings.

2018 recall efforts

See also: School board recalls

A total of 33 school board recall efforts nationwide were covered by Ballotpedia in 2018. They included 74 board members. Twelve recall elections were held in 2018. The school board recall success rate was 29.7%.

Of the 12 efforts that made it to the ballot in 2018, eight were approved and the 20 targeted members were removed from office. Another two recall elections were defeated, and the targeted members kept their seats. One effort saw a mix of results: three members retained their seats, while the fourth was removed from his. Another recall election was held after the board member resigned. Her replacement was elected through the recall. The chart below details the status of 2018 recall efforts by individual school board member.

See also

• Williamston Community Schools, Michigan
• Transgender bathroom access laws in the United States
• Recall campaigns in Michigan
• Political recall efforts, 2018
• School board recalls

External links

• Search Google News for this topic
• Williamston Community Schools
• Ingham County Clerk's Office
• Williamston for Truth Facebook page