Accountability, informed citizenry keys to democracy


Where is the accountability? That is probably what citizens are asking in relation to a recent lawsuit involving the Madison Metropolitan School District (MMSD). As reported by the Wisconsin Transparency Project, the Wisconsin Institute for Law and Liberty (WILL) has filed a lawsuit against the MMSD in Dane County Circuit Court seeking to compel MMSD to release records in response to requests made in January and June of last year.
WILL requested records pertaining to a district policy that appeared to give students preferential treatment based on race. The policy was in regards to “small instructional groups” for “reading, foundational skills, and math.” A whistleblower in the district released a partial copy of the policy that instructed teachers to “prioritize your African American students meeting with you first and more often.” Just over a year ago on Jan. 31, 2022, WILL’s deputy counsel Dan Lennington requested a copy of that policy and then followed up on March 8, Aug. 4, Sept. 19, Sept. 28, Nov. 18 and Dec. 6. The district never replied back other than to say “we will review this request as soon as practical.”
Also, on June 1 of last year, WILL intern Dylan Palmer requested records from MMSD asking for a “complete list of school board adopted textbooks on file with the clerk.” The school district replied the next day saying that the COVID-19 pandemic has caused “staff constraints” that had caused them to “experience a delay in responding to requests.” WILL never received those records, either.
According to state law, records must be provided “as soon as practicable and without delay.” The state attorney general recommends this be no more than 10 business days for most requests.
This is not the first time MMSD has been sued for delays in providing public records. In March, Madison NBC-affiliate WMTV requested public emails and texts from four school district employees with specific key words relating to a former district principal. That person left his role as principal for an administrative position in the district just two months into the job, and left the district entirely within six months. As of September, NBC15 had been waiting for more than six months for the requested records with still no answer.
This story brings up a few interesting points. For one, particularly in regards to the first records request, discrimination is a serious issue and one would think the district would want to quash any notions that the district was discriminating based on race as quickly as possible. It’s one of those situations where, if the district has nothing to hide, why isn’t it releasing the documents? The lack of action seems pretty telling.
While it can be easy to think, Well, that’s far away in Madison and it’s not affecting me here, and while in a general sense that is true, it would be foolish to think that something like this couldn’t happen here. It could happen anywhere. Mostly, this case serves as an important illustration of what can happen when a public, taxpayer-funded institution isn’t held accountable. Confusion abounds and public trust is eroded, and it’s extremely hard to regain that trust once you’ve lost it.
I’m glad in this instance that WILL is taking legal action, because other school districts need to know that they will be held accountable and that they are not immune from consequences if they don’t follow through with open records requests as they should. The citizens whose children they are serving deserve to know what’s going on at school.
While it’s the district’s responsibility to provide records as requested, it’s the citizens’ responsibility to stay informed. We should pay attention to what’s going on at our local level, whether that’s our school district, village/city or county. One way to stay informed is the local newspaper (shameless plug). But there are other ways too. You can contact your local school board members or city council members if you have a question or concern. You can attend meetings. You can get involved and help out at school.
If you’re the parent of a student, you can join the local parent/teacher organization, attend parent/teacher conferences and take an interest in what your child is learning. Probably one of the best protections against a school district making poor policy decisions is an involved and engaged parent population, especially parents that want to partner with the school to offer the best education possible for their kids. One positive thing about local government is it’s the level of government at which you as an individual citizen are most likely to effect change. If you don’t like a city ordinance or school board policy, you can attend a meeting, voice your opinion and make a suggestion on how to change it. You can gather support from like-minded individuals. You can even run for office.
At the state and federal level, politicians are bought off all the time. There’s a reason the Founding Fathers advocated for a limited federal government, with checks and balances. But at the local level, officials are advocating for the communities in which they actually live and work. They have skin in the game. They are invested in their individual communities and have an interest in seeing them thrive. They also can make decisions that actually make a difference in citizens’ lives.
That’s also one of the benefits of living in a small town – there’s a sense of camaraderie, knowing your neighbors and knowing the people making the decisions that impact your community. So for those of you who live in TRG land, here’s a reminder that there’s something special about living in a tight-knit, small town community; and if there’s something you think could be done to make your community better, there are steps you can take to make your voice heard.
Striking a
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TRG editor