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MCPS re-examines sex ed panel makeup

Administrators are seeking opinion on whether panel needs a health department representative

Wednesday, March 29, 2006

The group that sued last year to block new sex education lessons in county schools says the committee reviewing the latest proposed curriculum has violated state law, and school administrators agree there may be a problem.

Michelle Turner, president of Citizens for a Responsible Curriculum, said her group is concerned that the school system has run afoul of state law by not including a member of the county’s Health and Human Services Department on the committee.

‘‘When was the last time the HIV⁄AIDS prevention curriculum was reviewed by a MCPS citizens committee that had a representative from the local health department?” Turner asked the county school board during testimony on March 14. ‘‘[State law] indicates that the Citizens Advisory Committee can be used for the purpose of reviewing materials, but only if the committee has a representative from the local health department.”

School officials are asking the state Department of Education, state school board and state Attorney General’s Office to clarify the law.

In a memo Monday to Superintendent Jerry D. Weast, Deputy Superintendent Frieda K. Lacey cited a state Department of Education Web site brought to her attention by Turner.

‘‘The Web site cited by Ms. Turner ... does appear to contradict our understanding of the requirement,” Lacey wrote. ‘‘The Web site itself is somewhat confusing and inconsistent, but there is enough ambiguity to warrant seeking further clarification.”

State law requires that school systems have an advisory committee to review family life and human development curriculum. That committee also may review HIV⁄AIDS prevention curriculum, or the school system may establish a separate committee to do so.

Legal interpretations of the state law are hard to find. The state Department of Education did not have anyone who could comment.

There is no case law on the question and the Attorney General’s Office has not begun investigating how other school systems address the issue, said Kevin J. Enright, a spokesman for the Attorney General's Office.

The Citizens Advisory Committee on Family Life and Human Development is reviewing HIV⁄AIDS prevention curriculum as part of its review of sex education curriculum and materials used in county schools.

After consulting with an attorney, school administrators earlier concluded that the state law requires school systems to include a health department representative only when appointing a new committee.

The Citizens Advisory Committee should not be considered a new committee because it existed before the state required a review of HIV⁄AIDS prevention curriculum, administrators said.

Turner does not consider the panel to be a pre-existing committee because after settling the federal lawsuit brought by CRC and Parents and Friends of Ex-gays and Gays last year, the school board replaced the entire committee with new members.

‘‘This committee was just appointed, so if they’re not going to have a local health official, they’re going to have to appoint a new committee,” Turner said, adding that CRC has no immediate plans to raise a legal challenge.

For now, Turner said, her group’s role is that of a watchdog.

‘‘I wouldn’t go so far as saying a lawsuit is anywhere near in the future,” she said. ‘‘... Our only plan right now is to make sure that the system is aware that we know what the laws are, what the guidelines are and to make sure that it is made a public issue whenever necessary, whenever state law is not being followed.”

Turner said the group would wait until the recommendations for new curriculum are made to see if they were developed in accordance with the state law.

‘‘If there’s a discrepancy, then we’ll throw the red flag,” she said.

Meanwhile, Ruth M. Jacobs, an infectious disease specialist representing CRC on the panel, said committee members are not being given information they are requesting from school administrators.

Jacobs said it has been a month since she asked to see three resources that pediatricians consulting for the school system recommended for use in developing the curriculum on sexual orientation and sexually transmitted infections.

‘‘Why would they not want us to have the references recommended by the pediatricians?” she asked. ‘‘Is there something there they don’t want us to know?”

Schools spokesman Brian K. Edwards said Monday that the committee should be patient.

‘‘This is on the 10-step process, step one,” he said.

On Monday, the committee began reviewing the framework for the new curriculum.

The framework will provide the basis for more detailed curriculum, which the committee will review before the board votes on it in June.

The committee will forward any guidance on the framework to Weast by April 7. He will recommend the framework to the board on April 20.