This is a short video of Salt Lake City School District Board member speaking at Equality Utah’s Allies Dinner held on Monday night, September 16, 2013.

Although he is publicly calling out Michael Clara for not being at the dinner and for challenging the application of District’s anti-discrimination policy, he left out three important points:

1. Michael was NOT invited to attend the dinner with the board:

Forgot to Invite Michael to the Allies Dinner (video)

2. The School District has reversed it’s position on expelling the Cub Scouts from the school:

Cub Scouts Invited Back to Mountain View Elementary!

3. During the 2012 School Board campaign, Michael Clara was endorsed by Equality Utah:

Michael Clara received a letter from the U.S. Department of Educations’s Office for Civil Rights, advising him that the School District has reversed its position on the Cub Scouts and will now allow them to return to Mountain View Elementary.

“OCR believes that the response of the District corrects any prior misapplication of the District’s policy with respect to this Cub Scouts troop and would be consistent with the corrective action that OCR would require if the case had concluded in a violation finding.”

PDF Link to OCR Letter

Contrary to the assertions of Board member Doug Nelson earlier this week at the Equality Utah’s Allies Dinner, Cub Scouts can return to Mountain View Elementary:

Doug Nelson Stretching the Truth at the Allies Dinner (YouTube)

This is a blog entry of the original complaint letter that Michael Clara sent to OCR in March of 2013:

BSA Equal Access Act (Complaint Letter)

School Boots Boy Scouts; Salt Lake School Board Member Files Federal Complaint (Tribune)

This is a link to the most recent Tribune article on this issue:

Civil Rights Complaint Over Boy Scouts Resolved (Tribune)

By Sheena McFarland| The Salt Lake Tribune  First Published Apr 03 2013 06:45

The Salt Lake City School District is firing back against a federal complaint stating it denied a Cub Scout pack permission to meet at one of its elementary schools.

School Board Member Michael Clara on March 29 filed the complaint with the Department of Education’s Office for Civil Rights after two parents told him they and their 30 Cub Scouts were denied access to hold a pack meeting at Mountain View Elementary’s community learning center.

The district disagrees with his version of events.

“We look forward to speaking with the Office of Civil Rights and offering accurate information on the specifics of this complaint,” said a district statement released Wednesday.

It states no one was denied access, though the school’s principal was concerned about the conflict between theBoy Scouts of America’s policy to ban gays from its ranks and the district’s antidiscrimination policy, as well as the “consistency and quality” of the program’s offerings.

“However, the scouting representative was told that he and the scouts could set up a contract to use the school building, just like any other community group,” the statement reads.

It continues, saying non-profit groups often are charged a nominal fee to rent space in a school, but those fees can be waived. The district also points to the Elementary and Secondary Education Act, which “does not require a school to partner with a scouting group. It says groups must be given similar access to public school buildings. In this specific case, the Cub Scout group was told directly how they could access the building.”

Clara says Scout groups meet at elementary schools throughout the district, and he says none of those groups have had to pay any fees or go through the process the district has outlined.

“That’s not equal access. The district is condoning this principal’s action and misapplication of the policy in order to sustain his decision,” Clara said. “I’m disappointed that instead of addressing the problem, they choose to go into a public relations counteroffensive.”

This is the second civil rights complaint Clara has filed this year. His first one, which is still pending, questions whether inexperienced and ineffective teachers are overrepresented on the west side of the district.

He says he has taken the appropriate local steps by contacting school district Superintendent McKell Withers and the president of the school board before contacting the federal office.

The Office for Civil Rights enforces five federal civil-rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs that receive money from the U.S. Department of Education.

It enforces the Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act of 2001. In short, if a school allows outside groups to meet on campus, then the school must allow access to the Boy Scouts.

The Salt Lake City School District is in the process of expanding its Community Learning Centers, which pair at-risk youth with nonprofits that offer social and medical services, such as dentistry and optometry. The Boy Scouts and Girl Scouts are partners with those centers, according to the district website, which Clara pointed out in his complaint.

smcfarland@sltrib.com

Link To Article

SALT LAKE CITY — A Salt Lake school board member said he had to act after hearing that the Cub Scouts aren’t meeting at Mountain View Elementary school any more. Michael Clara has sent a complaint to the Department of Education’s Office for Civil Rights, claiming the principal is acting inappropriately in not letting the Scouts meet there this year.

It appears principal James Martin wants to wait until after the Boy Scouts of America decide in May on its long-standing policy banning open homosexuals from participation. Martin has said that the Salt Lake School District’s anti-discrimination policy could mean the Cub Scouts can’t meet at school.

Clara said he thinks that is a misinterpretation of the policy and wonders what’s next. Would it be possible to ban the humanitarian donations of a church or help from a nonprofit because someone doesn’t like their positions?

“I’m concerned that now this culture war becomes a conscience war, and now we are penalizing people based on thought,” Clara said.

The district has not commented on the complaint, saying it has not yet seen a copy of it and has no basis yet to judge its merits.

Spokesman Jason Olsen called the complaint a “surprise” and pointed out that the group has not met at the school for about a year due to staffing issues. He also said that the principal had been in contact with the Cub Scout group and they had agreed with waiting until next year.

“Because of the lateness in the school year, and because a decision from the Scouts in May may change their policies, the decision was made to wait until next school year,” Olsen said in an email. “The group chartering this Cub Scout group agreed. That is why this complaint came as a surprise.”

According to Clara, federal law allows Scouts at schools.

“This is an over a decade-old law that Congress put in place called the Boy Scout Equal Access Act, that Congress put into place for this very reason,” Clara said. “So it seems odd to me that we are now going to be OK with ejecting Cub Scouts from an elementary school.

He also said there are larger issues at stake as well. The area around Mountain View Elementary is one with many at-risk students who benefit from Scouts and all kinds of help from different organizations.

Clara said he filed the federal complaint because the superintendent and district don’t seem to be taking care of the issue. He said he fully supports LGBTQ rights, but worries the pendulum will swing the other way.

“…And then start diminishing and marginalizing Christians who have a different belief system than someone else may have politically,” he said.

Mary Richards, Reporter

Link to Article

Superintendent

The Superintendent initially stated that the Cub Scout’s ability to return to the school hinged on the outcome of the BSA’s policy change announcement in May. (See 03/31/13 & 04/01/13 quotes below).

He is now saying that the Cub Scouts can be at the school, they will just have to pay the rental fee. Which is consistent with what the Principal, Scout Executive, and Superintendent advised me on March 19, 2013.

The basis of my complaint to the Office of Civil Rights is that the District changed the status of the Cub Scouts’ use of the building based on their leadership policy.

PDF: MEDIA ADVISORY 04-03-13

School Boots Boy Scouts; Salt Lake school Board Member Files Federal Complaint, Tribune 03/31/13

Nationally, the Boy Scouts are surveying leaders and other stakeholders, and the group is expected to announce in May whether it will keep or change its policy…Superintendent McKell Withers said he thought the Cub Scouts and the school had agreed to wait until the May decision and then revisit the meeting request next school year. “I thought the Cub unit was coming back next fall,” Withers said, adding he was surprised to hear about the complaint.

Link to Tribune Article

School Board Member Says Cub Scouts Should Be Allowed At Elementary School, KSL 04/01/13

Spokesman Jason Olsen called the complaint a “surprise” … the principal had been in contact with the Cub Scout group and they had agreed with waiting until next year.. “because a decision from the Scouts in May, may change their policies, the decision was made to wait until next school year,” Olsen said

Link to KSL Article

Page 1 Only

PDF Link of Entire Letter

TEXT OF LETTER:

26 March 2013

DELIVERED VIA CERTIFIED MAIL: 7011 2970 0000 0196 3228

Mr. J. Aaron Romine, Regional Director

U.S. Department of Education, Office For Civil Rights

Cesar E. Chavez Memorial Building

1244 Speer Boulevard, Suite 310

Denver, CO 80204-3582

Re: Boy Scouts of America Equal Access Act

 Dear Mr. Romine,

I was recently elected to serve on the Salt Lake City Board of Education. I am filing a complaint with your office on behalf of my neighbors who elected me to serve in this capacity.

I believe that the Salt Lake City School District is in violation of the Boy Scouts of America Equal Access Act of 2001 (Boy Scout Act) 20 U.S.C. § 7905, 34 CFR Part 108.

On March 16, 2013, two Latino parents reported to me, that a Principal of an elementary school within our community would not allow the Cub Scout Pack to continue meeting at the school.

On March 18, 2013, I put a call into the Principal and the Boy Scouts of America (BSA) Salt Lake Council office, in order to ascertain the validity of the report from the parents. A Scout Executive advised me that the Principal did indeed tell him that the Cub Scouts were prohibited from meeting in the building because of their position on ‘gay rights’. On this same day, I sent an email to the Salt Lake City School District Superintendent.

On March 19, 2013, the Principal returned my phone call from the previous day and confirmed that the Cub Scouts were prohibited from meeting in the building because they will not allow gay scout leaders. The Principal further explained that to allow the Cub Scouts to meet in the building would constitute a violation of district policy G-19. I responded that I felt the explanation was a misapplication of the district policy. I pointed out that the Community Learning Center had partnerships with faith-based groups that share the same position as the BSA on this issue. I asked, “would we also ban them from the building?” I also expressed my view that in prohibiting the Cub Scouts from meeting in the school, the District is in violation of the Boy Scout Act.

On this same day, prior to the start of the school board meeting at approximately 5:30 p.m. the Superintendent advised me he had spoken to the Scout Executive, but had not yet spoken to the Principal. He also mentioned that the Cub Scouts could still use the building; they would just have to pay the facility fee. I replied that would violate the Boy Scout Act because it denied the Cub Scouts ‘equal access’. I also pointed out that the BSA are District partners. The Superintendent seemed unaware of this partnership and was nebulous as to how he was going to resolve this conflict.

Salt Lake City School District’s, web page under the title of Community Learning Center:

Definition & Current Services: A Full Service Community School (or Community Learning Center) is a public elementary or secondary school that coordinates multiple federal, state, and/or local educational and social service programs through community-based organizations and public/private partnerships. The purpose of these schools is to improve the coordination, delivery, effectiveness, and efficiency of services provided to families and children. Improving academic outcomes for students and quality of life for the community are key elements of successful programs.

Schools involved in the SLCSD expansion:

Rose Park Elementary School

Lincoln Elementary School

Mountain View Elementary School

Current Partnerships: Healthcare providers, early childhood experts, refugee service providers, higher education, mental health, mentoring organizations, arts organizations, health and wellness partners, boy and girl scouts, adult education.

On March 20, 2013, I contacted the leadership of Equality Utah, a civil rights organization in Utah committed “to secure equal rights and protections for LGBT Utahns and their families”. I explained the situation that had developed and stated that as an elected official I was committed to their cause. I also explained that I saw no reason that the ‘equal rights’ they are pursuing should collide with the interest of the Cub Scouts in the schoolhouse. While Equality Utah is not the catalyst for the Cub Scout’s banishment from the school, I nevertheless, extended to them a phone call as a matter of courtesy.

In the spirit of full disclosure, I am a lifetime Scouter. I for one am not beyond challenging the institution of BSA when I have felt they were not sensitive to the changing demographics in our community (See: Tribune Article: Boy Scouts Chastised for Immigrant Rallies –April 15, 2006 & Deseret News: Scout Leaders Criticize Role of Troop In Demonstrations –April 16, 2006).

I nevertheless, reject intolerance in all its forms. In my view, the actions in this situation do not combat discrimination but serve to promote it.

The School District and the community should continue their commitment to partnerships that will serve to eradicate the ‘out of the classroom’ risk factors that impede a student’s ability to receive an equal opportunity to an education.

For the past century, the BSA has helped build the future leaders of this country by combining educational activities and lifelong values with fun. The BSA has enjoyed a long history of involvement in public schools.

In 2000, the United States Supreme Court in, Boy Scouts of America v. Dale , ruled that the Boy Scouts could enforce prohibitions on scout leaders under its First Amendment right of expressive association.

In 2001, a Federal District Court decision in Florida directly addressed the perceived conflict between the Boy Scouts right to private speech and a school’s anti-discrimination policies. In

Boy Scouts of America v. Till, the Broward County School Board attempted to end its relationship with the Boy Scouts as a result of its anti-discrimination policies. In that ruling, the Federal District Court acknowledged that traditionally, the daily operations of school systems are reserved to the states and local school boards. However, in this case, the court found in favor of the Boy Scouts. The Court stated that the constitutional rights to freedom of speech and expression are not shed at the schoolhouse gate.

The Court found that once the school created a limited public forum, by allowing public groups use of its facilities, the school may not exclude speech on the basis of viewpoint. The public organizations using the school facilities, including the Boy Scouts, have a First Amendment right to freedom of expressive association. These constitutional rights were violated when the School Board acted to evict the Boy Scouts from the school facilities.

Clearly, the decision from the Florida Federal Court is consistent with the United States Supreme Court rulings on this issue. I therefore, assert that it is unlawful for the Salt Lake City School District to deny equal access to, or discriminate against the Cub Scouts on the basis of religious, political, and/or philosophical viewpoints.

I recognize that for many, the BSA has become a symbol of discrimination and a lightning rod for public debate over anti-discrimination laws. To the extent that the BSA, like other organizations teaches important values to our youth and serves a function vital to our pluralistic democracy. I believe it is an assault on the founding principles of our country for school officials to attempt to exclude a voice no less legitimate than its own from public school participation.

The Constitution provides that the government may not endorse religion or irreligion and that each individual retains the power to choose what moral compass to follow. Such choices imply the presence of diverse groups from which to choose. Singling out the BSA for exclusion does not serve these ends. A marketplace of ideas devoid of competitive viewpoints engenders an insidious society of conformity, contrary to the fundamental precepts of our Constitution.

I would argue that one of the Founding Father’s principle aims was to ensure that conformism never takes root in the American conscience. A School District should allow competing interests to co-exist in an effort to promote equally important concepts of individual and associational freedom. To do otherwise, is to risk damaging the diverse underpinnings to which our society is built upon.

While the Superintendent mulls over the banishment of the Cub Scouts from a school in my neighborhood, I am compelled to file this complaint with your office because school officials, in their effort to eliminate societal discrimination have instead contributed to it.

Moreover, the federal government requires any public school that receives funds from the Department of Education to grant the BSA equal access to school facilities if those facilities are held open to the public:

Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905:

Notwithstanding any other provision of law, no public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or a limited public forum and that receives funds made available through the Department shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America or any other youth group listed in title 36 (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in title 36 (as a patriotic society).

Recognizing that the U.S. Department’s Office for Civil Rights is charged with enforcing the Boy Scouts of America Equal Access Act, I submit these allegations for your review and corrective action.

Shalom,

J. Michael Clára

Board Member, District 2