Memo expresses “regret” for seeking federal assistance but does not ask Justice Department to halt investigations
WASHINGTON — The National School Boards Association is walking back its letter to President Joe Biden that requested federal help for school board members who have been harassed and threatened over masking requirements and discussions of race in public schools.
The shift came after Republican members of Congress led by Iowa Sen. Charles Grassley strongly objected to a Department of Justice investigation that was launched in response to the association’s letter.
GOP senators said that the government was trying to police parents’ speech. It was “entirely inappropriate,” the senators said, for the association to ask for a review of whether crimes are being committed by parents or others under various statutes, including the PATRIOT Act.  Passed by Congress in 2001 and signed into law by President George W. Bush, the act aimed at deterring terrorism.
Some conservative groups and local school boards also sharply criticized the DOJ investigation and the national association. The Ohio School Boards Association announced Tuesday  it would end its affiliation with the national group, saying it had no input into the original letter.
In a memorandum dated Friday and provided to States Newsroom, NSBA’s Board of Directors  wrote to its members that “we regret and apologize for the letter.” NSBA did not answer questions about the specific language the organization regretted.
“As we’ve reiterated since the letter was sent, we deeply value not only the work of local school boards that make important contributions within our communities, but also the voices of parents, who should and must continue to be heard when it comes to decisions about their children’s education, health, and safety,” according to the memo.
According to its website, NSBA’s Board of Directors includes John Halkias of the Plain Local School District in Ohio, Donald Hubler of Macomb Intermediate School District in Michigan, Steven Chapman of Tolleson Union High School District in Arizona, Kathy Gebhardt of Boulder Valley School District in Colorado, Kathryn Green of Austin Public Schools ISD 492 in Minnesota, Ronald Hopkins of Jefferson City Schools in Georgia and Beverly Slough of St. Johns County School District in Florida, among others.
The six-page, Sept. 29 NSBA letter  to Biden asked for federal assistance and detailed, at length, threats and harassment that school board officials and teachers across the country are facing. It was signed by Viola M. Garcia, association president, and Chip Slaven, the interim executive director and CEO.
“As these acts of malice, violence, and threats against public school officials have increased, the classification of these heinous actions could be the equivalent to a form of domestic terrorism and hate crimes,” the letter said.
The vitriol stems from schools starting to incorporate race into teachings, as well as requirements for students and staff to wear masks to mitigate the risk of spreading COVID-19.
In the last year, conservative activists and some parents have targeted school board meetings, protesting “critical race theory,” which generally is not taught at the K-12 level. Instead, it is an academic theory of the intersection of race and U.S. law that is studied in college.
U.S. Attorney General Merrick Garland directed the FBI  earlier this month to meet with local law enforcement officials to strategize how to deal with the threats.
Garland is also set to appear before the U.S. Senate Judiciary Committee Wednesday during a hearing about the oversight of the Justice Department, where he will likely be asked questions about the DOJ and FBI’s handling of threats to school board officials.
The memo from NSBA did not ask the Justice Department to end its investigation into threats.
The NSBA had praised the decision to begin the investigation in an Oct. 4 press release. “The U.S. Department of Justice’s swift action in response to NSBA’s request  is a strong message to individuals with violent intent who are focused on causing chaos, disrupting our public schools, and driving wedges between school boards and the parents, students, and communities they serve,” the association said in a statement.
But Republicans in Congress criticized  Garland’s decision to have the FBI look into the threats, and called the move an attack on parents for exercising their right to free speech.
“Violence and true threats of violence should have no place in our civic discourse, but parents should absolutely be involved in public debates over what and how our public schools teach their children, even if those discussions get heated,” according to a letter  led by Grassley, the top Republican on the U.S. Senate Judiciary Committee.
NSBA in its original letter cited disruptions at school board meetings in Georgia, Florida, Michigan, Ohio, New Jersey, Virginia, Wisconsin, Tennessee and Nevada.
For example, in Florida, the Florida Phoenix reported that several school board members  detailed threatening text messages, vandalism and harassment they continue to face over masking requirements amid the pandemic.
“When these behaviors are ignored, when there’s no accountability for these actions, they become normalized and acceptable, and they get reinforced,” Brevard County School Board member Jennifer Jenkins said during a Monday Zoom conference, the Phoenix reported.
Jenkins also detailed in a Washington Post opinion piece how someone outlined the letters “FU” in weedkiller on her front lawn. Jenkins also said that someone falsified a report accusing her of abusing her child.
“My 5-year-old daughter was on a play date last month when an investigator from the Florida Department of Children and Families sat at my kitchen table to question me about how I disciplined her, then accompanied me to the play date to check for nonexistent burn marks beneath her clothes,” Jenkins wrote.
“Someone had falsely reported that I abused my child. The report was quickly dismissed, but this was the low point in the short time I have been a Brevard County School Board member.”
The NSBA said in its Friday memo that it would “do better going forward” and review its policies and procedures.
“To be clear, the safety of school board members, other public school officials and educators, and students is our top priority, and there remains important work to be done on this issue. However, there was no justification for some of the language included in the letter. We should have had a better process in place to allow for consultation on a communication of this significance. We apologize also for the strain and stress this situation has caused you and your organizations,” the memo said.