New Hampshire Department of Education Cover-Up?

In February 2021, I notified the New Hampshire Department of Education (DOE) of serious criminal and unethical activities being committed by the Newmarket School District, including perjury, fraud, obstruction of justice, falsification of public records, and other violations of state laws and DOE rules and requested an investigation be conducted.

In response to my notification and request, DOE attorney Attorney Fenton informed me dishonesty and lack of integrity by NH credential holders in the course of professional practice are not actionable. Fenton's response to me states: "Ed 510.01(a) provides that, “[i]n fulfilling responsibilities to the education profession and educational professionals, a credential holder shall exemplify honesty and integrity in the course of professional practice.” However, this statement is a preface statement to Principle 1—it is not an actionable statement as it is not specific enough."

Attorney Fenton then attempts to explain to me (incomprehensibly) that because none of the alleged falsified documents or misrepresentations by Newmarket were directed to the DOE during the course of an official inquiry, investigation, or both, the allegations of criminal and unethical acts committed by Newmarket do not constitute violations of DOE Rules.

All of the above is just one instance in which the DOE is refusing to carry out its supervisory responsibilities over school boards and public school educators.

What Attorney Fenton and the DOE are ignoring (besides their responsibilities and common sense) is Ed Part 1127 which states: "An individual who believes that the school district has violated state or federal law may file a complaint with the New Hampshire Commissioner of Education. The Commissioner will assign an investigator. Following the investigation, the Commissioner will make findings and a decision. The complainant or the school district then may appeal the Commissioner's decision to the State Board of Education and, ultimately, to the New Hampshire Supreme Court."

I also take issue with Attorney Fenton, on more than one occasion, informing me that the DOE has no authority over school boards. I recently provided her with the following excerpts from local attorney postings on this matter:

There is a common misunderstanding that the local school board answers solely to the local constituents. In fact, NH RSA 21-N:1 (II)(a) provides that: “[t]he [state] department [of education] shall have the dual role of providing regulatory direction and instructional assistance to public elementary and secondary schools.” This regulatory direction manifests itself in NH RSA 21-N:9 (II) which provides that: “[t]he board of education shall adopt rules . . . relative to . . . (b) The duties of school boards.”

Lest there be any question as to who the local board answers to, NH RSA 186:5 provides that: “[t]he state board shall have the same powers of management, supervision, and direction over all public schools in this state as the directors of a business corporation have over its business, except as otherwise limited by law. . . . It shall be the duty of school boards and employees of school districts to comply with the rules and regulations of the state board.”

Local School Board members are bound to follow and uphold the law as part of the oath of office taken by a school board member. N.H. R.S.A. 92:2 requires public office holders who are required to take an oath to “make or subscribe the oath or declaration as prescribed by Part 2, Article 84 of the Constitution of New Hampshire.” This statute further provides that “any person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.”

The Constitutional oath requires, in part, that the board member “swear and affirm that [he or she] will faithfully and impartially discharge and perform all the duties incumbent upon [a school board member] according to the best of [his or her] abilities, agreeably to the rules and regulations of [the] constitution and laws of the state of New Hampshire.

Thus, the oath of office requires board members to adhere to and uphold the District’s policies and New Hampshire law governing the conduct of school boards, including any business conducted in a nonpublic session of the board.

Attorney Fenton and other members of the NH DOE are public officials and public employees. As such, they work for and are accountable to the public. This also means they must do their jobs and adhere to the rules and laws of the state of NH.

Respectfully,

Jeffrey Thomas Clay